[Congressional Record (Bound Edition), Volume 147 (2001), Part 16]
[House]
[Pages 23166-23279]
[From the U.S. Government Publishing Office, www.gpo.gov]



             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2002

  The SPEAKER pro tempore. Pursuant to House Resolution 296 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the consideration of the bill, H.R. 3338.
  The Chair designates the gentleman from Michigan (Mr. Camp) as 
chairman of the Committee of the Whole, and requests the gentleman from 
California (Mr. Dreier) to assume the chair temporarily.

                              {time}  1343


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 3338) making appropriations for the Department of Defense for the 
fiscal year ending September 30, 2002, and for other purposes, with Mr. 
Dreier (Chairman pro tempore) in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN pro tempore. Pursuant to the rule, the bill is 
considered as having been read the first time.
  Under the rule, the gentleman from California (Mr. Lewis) and the 
gentleman from Pennsylvania (Mr. Murtha) each will control 30 minutes.
  The Chair recognizes the gentleman from California (Mr. Lewis).
  Mr. MURTHA. Mr. Chairman, will the gentleman yield?
  Mr. LEWIS of California. I yield to the gentleman from Pennsylvania.
  Mr. MURTHA. Mr. Chairman, I am prepared to yield my time so we can 
get this bill moving. People have been waiting so long. So I am 
prepared to yield back whenever my colleague is ready, Mr. Chairman.
  Mr. LEWIS of California. Mr. Chairman, the gentleman from 
Pennsylvania is yielding back his time and he wants me to follow that 
course so we can save some time here today?
  Mr. MURTHA. Mr. Chairman, yes.
  Mr. LEWIS of California. Mr. Chairman, does the gentleman from 
Pennsylvania (Mr. Murtha) realize I have at least a half hour 
presentation here?
  Mr. Chairman, I am happy to yield such time as he might consume to 
the gentleman from Florida (Mr. Young), the chairman of the committee.
  Mr. YOUNG of Florida. Mr. Chairman, I appreciate the gentleman from 
California (Mr. Lewis) for yielding me the time. He will discuss the 
main part of this bill, which is the $317 billion defense package that 
he and the gentleman from Pennsylvania (Mr. Murtha), the ranking 
member, have provided for the Committee on Appropriations.
  After he does that, I will briefly discuss the $20 billion 
supplemental that we added in the full committee to explain exactly 
what the President had requested and what the committee is recommending 
relative to that $20 billion.
  So with that explanation, I will let the gentleman from California 
(Mr. Lewis) proceed with his bill, and I will take up the $20 billion 
supplemental. At this point, Mr. Chairman, I would also like to insert 
atable providing detail on the $20 billion supplemental.

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  Mr. LEWIS of California. Mr. Chairman, I yield myself such time as I 
may consume.
  I always appreciate hearing from the chairman of the full committee.
  Mr. Chairman, the bill before us provides the funding for national 
defense for the fiscal year 2002. The base bill, which is the 
fundamental consideration today, involves some $317 billion for 
national security; and, Mr. Chairman, I would like the entire body to 
know that this bill was prepared and we were taking it to the committee 
on the very day of the tragedy that occurred in New York.
  All of us watched with horror as that first plane hit that first 
tower and then in amazement, fear, and anger as we watched the second 
plane and the subsequent results.
  Over these several weeks, the Nation has reacted in a fashion that 
all of us have watched with great interest, for indeed America had been 
attacked; and for the first time since World War II, more Americans 
were killed by a foreign agent in a single event than had been killed 
in our history.
  As we observed that scene, America first responded in fear, responded 
in anger and in frustration; and over these weeks and months now, we 
watched as our public has come together in a kind of unified response 
that says directly to the Congress, we expect you to help America be 
ready to deal with this war on terrorism that the President is so ably 
leading us to wage at this moment.
  Subsequent to this bill, the base bill of $317 billion, as the 
gentleman from Florida (Mr. Young) suggested, there is a supplemental 
appropriations that affects defense that is slightly in excess of some 
$20 billion. We do not know, we cannot be sure, this may be but only 
the beginning, for the war on terrorism could indeed go beyond months, 
into years; but there is little question about our public's commitment. 
We will carry forward this war against terrorism, and we will win this 
war.
  Mr. Chairman, at this point I would like to insert into the Record a 
summary of the provisions of Division A of this bill, that is, the 
Defense Appropriations bill.

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                              {time}  1345

  Mr. Chairman, I reserve the balance of my time.
  Ms. HARMAN. Mr. Chairman, I support this bill, but believe we have 
missed an unprecedented opportunity to transform the United States 
military.
  The attacks of September 11 and the threat of anthrax across the 
country have shown that threats to U.S. security no longer come just 
from tanks and bombs. The war in Afghanistan demonstrates that the 
military increasingly relies on information superiority, long-range 
power projection, stealth technology, and precision-guided munitions.
  It is time to invest more in a defense for the 21st century, and to 
move away from unneeded bureaucracy and outmoded platforms.
  We must transform our military into a more flexible, multi-functional 
force. We need technologies for intelligence gathering, more robust use 
of uninhabited vehicles and long-range platforms.
  President Bush promised in his campaign to skip ahead to the next 
generation of military technology. Where is the transformation? The 
Quadrennial Defense Review talked grandly about progress but put its 
money into funding the status quo.
  It was as true before September 11 as it is now that enemies will use 
asymmetric means to exploit American vulnerabilities and use terror to 
inflict both psychological and physical damage.
  Our defense must reflect the revolution in military affairs--in 
weapons systems, in bureaucratic organization, and in military 
infrastructure. We must improve the ``tooth-to-tail'' ratio of fighting 
capability to support structure.
  Most importantly, defense spending on specific weapons or strategies 
should be proportional to the likelihood and seriousness of the 
threats.
  Mr. Speaker, we all know that resources are limited. We risk buying 
less defense for more money if we buy the wrong things.
  Now that the public is tuned in and the stakes are higher than any 
point in our history, we fail to act at our own peril.
  Mr. STENHOLM. Mr. Chairman, the approach that we are taking to 
financing the war on terrorism is penny wise and pound foolish. 
Everyone acknowledges that meeting all of our challenges in the war on 
terrorism will require substantially more resources than this bill 
provides. In fact, the President's chief of homeland security has said 
that he will recommend significant increases in funding for agencies 
involved in the war on terrorism. Yet today we are being asked to 
pretend that those costs do not exist so that we can make the budget 
look better artificially.
  Deferring a full discussion on the costs of combating terrorism at 
home and abroad until next year will result in higher spending levels 
and budget deficits than would be the case if we honestly accounted for 
these costs up front. Failing to honestly budget for the costs of the 
war on terrorism will allow us to pretend that we can afford other tax 
cuts or spending proposals that are unrelated to the war on terrorism. 
When we are presented with the inevitable supplemental early next year 
to finance the needs not addressed in this bill--which will in all 
likelihood have a higher price tag than it would if we addressed those 
needs now--we will find that we need to use borrowed money to pay for 
the war because we have spent all of our resources.
  Our objective must be winning the war against terrorism without 
jeopardizing the economy. Congress will be required to prioritize our 
efforts to strengthen domestic security, fight the war on terrorism, 
provide assistance to dislocated workers and spur our economy. These 
needs will then have to be balanced with our obligation to protect 
against long-term economic and fiscal harm.
  Congress and the administration must work together to identify the 
needs of the various agencies involved in domestic security, law 
enforcement, intelligence, military and other activities in the fight 
against terrorism and reach a bipartisan agreement on the amount of 
funding required to meet these needs. Any tax cuts or spending 
increases unrelated to the war on terrorism must be considered in the 
context of an overall budget framework which sets aside the resources 
which will be needed to meet the challenges in the war against 
terrorism.
  All members who care about honesty in budgeting and maintaining 
fiscal discipline should oppose this rule and insist that the 
administration and leadership in Congress get together to develop a 
responsible budget framework that honestly addresses all of our 
priorities.
  Mr. NUSSLE. Mr. Chairman, I rise to speak on H.R. 3338, providing 
appropriations for the Department of Defense. This bill does not 
currently comply with the fiscal year 2002 budget resolution, but is 
generally consistent with legislation recently marked up by the Budget 
Committee in the wake of the terrorist attacks of September 11.
  H.R. 3338 is actually comprised of two bills: Division A of the bill 
provides appropriations for the Department of Defense. Division B 
provides for the obligation of $20 billion in emergency-designation 
appropriations that was previously appropriated as part of a 
supplemental appropriations measure in September.
  Division A of the bill provides $317.2 billion in new discretionary 
budget authority and $308.9 billion in outlays for the Department of 
Defense for fiscal year 2002. This appropriation comes on top of 
approximately $21 billion that was made available to the Department of 
Defense in response to the terrorist attacks.
  In order to fully accommodate the defense levels in this bill, I am 
adjusting the 302(a) allocation to the Committee on Appropriations by 
$17.3 billion in budget authority and $14.9 billion in outlays. Section 
218 of H. Con. Res. 83 authorized the Budget Committee to increase the 
appropriate levels in the President's budget to accommodate any 
structural reforms the President might propose as part of the national 
defense review.
  Once the Appropriations Committee makes the necessary changes in its 
302(b) allocations, the bill would still exceed the applicable 302(b) 
allocation. This is mostly because the bill implicitly assumes an 
additional $3.4 billion for nondefense priorities than the Congress 
initially agreed to as part of the budget resolution (H. Con. Res. 83).
  You might recall that last month the Office of Management and Budget 
announced an agreement with the appropriations committees to increase 
total discretionary spending by $3.4 billion. This was apparently the 
price of getting an agreement with the new Senate majority.
  While many members of the Budget Committee believed that the 
discretionary allocation established pursuant to the budget resolution 
provided an adequate increase for nondefense priorities, we recognized 
the need for flexibility if the Congress was to maintain the bipartisan 
comity necessary to wage a successful war against terrorism.
  In that spirit, the Budget Committee passed H.R. 3084, which revised 
both the applicable levels in the budget resolution and the statutory 
caps of accommodate the national defense review, but an additional $3.4 
billion for various nondefense priorities. While I had hoped to bring 
this bill to the floor before the defense appropriations, it now 
appears that this language will be incorporated into one or more of the 
appropriations conference reports.
  At the end of the day, I am confident that this bill will be 
consistent with the budget resolution as modified by H.R. 3083 to 
reflect our new priorities in the wake of an economic downturn and the 
terrorist attacks of September 11.
  Division B of the bill essentially permits the obligation of half of 
the $40 billion that was previously appropriated in response to the 
terrorist attacks in September. As you may recall, the supplemental 
expressly prohibited the Congress from obligating half of the total 
appropriation until a subsequent appropriations bill is enacted.
  Since the previous supplemental designated the entire amount as an 
emergency, I am required to adjust the levels in the budget resolution 
by the entire amount. Accordingly, this part of the bill will not 
exceed the applicable levels in the budget resolution.
  Like most of you, I am fully committed to provide whatever resources 
are needed to wage a successful war against terrorism. However, we 
would be well advised to hold off on the next installment until the 
executive agencies have the opportunity to absorb what is already in 
the pipeline. I am informed that as much as $14 billion of the $40 
billion that was provided in September remains unobligated. As we have 
proven before, Congress will act expeditiously to respond to the 
terrorist acts and to fight this war.
  In conclusion, this bill may be a necessary response to terrorist 
attacks no one could have foreseen and an unprecedented midsession 
change in control of the Senate. At times such as this, budget concerns 
should not be paramount. We should set aside partisan and institutional 
concerns for the greater public good.
  Nevertheless, both the President and the Congress will soon be 
confronted with the economic and budgetary fallout of its actions this 
fall. Over the course of only four months we have now seen the fiscal 
year 2002 surplus fall from $176 billion to zero. It could get even 
worse if the economy further deteriorates or we continue to enact bills 
that exceed the levels established in the budget resolution. We are all 
going to have to continue to work together next year if we are to get 
the Federal Government back on a path toward fiscal responsibility.

[[Page 23178]]


  Mr. FRELINGHUYSEN. Mr. Chairman, I rise today in support of H.R. 
3338, the fiscal year 2002 Defense Appropriations bill. As a member of 
this subcommittee, let me first thank our Chairman Jerry Lewis and our 
ranking member, Congressman Murtha, as well as the staff for all their 
hard work in crafting the bill we are considering today.
  Our subcommittee was first scheduled to begin work on this bill on 
the morning of September 11 at the very hour that terrorists attacked 
our country, killing thousands of our fellow Americans and forever 
changing the course of our Nation's history.
  America is now at war and our young men and women in the military 
have been called on to defend our citizens and our Nation. The course 
of our Nation's history will not be written by the terrorists but by 
the bravery and success of our troops now serving on the frontlines of 
this war against terrorism. And our history will be written, in part, 
by the actions we take here today.
  Today, there is no more important task before this Congress than to 
provide our military with the tools and resources they need to defend 
our citizens and fight for our freedom. Our military needs to know that 
this Congress not only supports their mission in theory but in 
substance; that we are prepared to take all the necessary steps and 
provide all the necessary means for their safety and their success in 
battle. With this bill, we provide those critical resources. And let us 
not forget that even before the events of September 11, our troops have 
been and continue to serve on frontlines around the globe including in 
the Balkans, South Korea, the Persian Gulf, and elsewhere--24 hours a 
day and throughout the year.
  This subcommittee has worked in a bipartisan way to meet the 
immediate needs of our troops and their families, to keep our military 
at the ready, and to invest in all the many, diverse capabilities we 
need to protect our citizens from all potential threats.
  In recent years, this subcommittee has fought attempts to cut funding 
for our military. Even as the missions of our military increased, there 
were those who argued that increased military spending was no longer a 
priority. And there have always been those who charged that we were 
shortchanging our domestic priorities to pay for our military needs. We 
know today that there is no more vital domestic priority than our 
nation's security.
  As our troops and military fight in Afghanistan, it is clear that our 
investments of the past are paying dividends today. Whether Air Force, 
Army, Marines or Navy, these warriors are more professional, better 
trained and equipped because of our committee's longstanding commitment 
to meet their needs.
  Let me discuss just some of those investments we provide for in this 
bill. Overall, we provide $317.5 billion for the Department of Defense 
and with those dollars, we do the following:
  First and foremost, we give our troops better pay.
  We add much needed dollars for troop readiness, training, supplies, 
and mobility that allow our Commander in Chief to send our Armed Forces 
into battle anywhere and at a moment's notice.
  We add $153 million for our National Guard and reserves, so many of 
whom have now been called to duty.
  We provide for modernizing major weapon systems that allow us to 
better combat our enemies in the air, on the ground and at sea.
  We continue to provide over $47 billion for critical long-term 
investments in research and development so we have the most lethal and 
effective weapons now and in the future.
  We add significant resources to strengthen classified intelligence 
programs, and accelerate and enhance U.S. military intelligence, 
surveillance and reconnaissance capabilities.
  And we add a new title and $11.7 billion for our homeland defense 
against chemical, biological and nuclear threats against our citizens.
  The commitments we make in this bill do not meet every need. As more 
will be required of our troops, more will be required of this Congress.
  Mr. Chairman, as those of us who have served in the military know 
only too well, wars are fought by the young. We know, too, that freedom 
never has, nor will it be this time, free. Liberty is paid for by the 
sacrifices of those who serve. At no time in our nation's history has 
their sacrifice and service been more important to the defense of our 
country and the security of our future.
  Mr. Chairman, I urge my colleagues to pass the fiscal year 2002 
Defense Appropriations bill and to do so unanimously.
  Mr. DICKS. Mr. Chairman, I congratulate Chairman Lewis and Ranking 
Member Murtha on this bill. It is a fine piece of work and they can be 
proud.
  The bill provides $317 billion for DOD, an increase of $20 billion 
over last year's bill, a step in the right direction.
  It is the right direction, but we have not done nearly enough. DOD 
still has over $25 billion in unfunded requirements for Personnel, O&M 
and Research, and beyond that over $20 billion in unfunded requirements 
for procurement alone.
  I am most troubled by the shortfalls in procurement because the 
President's request for procurement this was lower than it was in the 
last year of the Clinton Administration. The committee has taken some 
steps to correct that, but the President must make a commitment to 
increase the procurement budget if we are really going to make progress 
on this problem.
  Several important steps are taken in this bill to modernize the force 
structure of the services in innovative ways.
  I am pleased that the committee included $454 million to help the Air 
Force begin acquiring next generation replacements for its tanker fleet 
and to add to its JSTARS fleet. The current tanker fleet averages over 
40 years in age, and yet it is the backbone of our ability as a 
superpower to project force to places like Afghanistan. The Air Force 
desperately needs to replace these aircraft and this bill begins that 
process. I am hopeful that at the appropriate time we will also 
consider whether the Air Force can lease these aircraft in a commercial 
type arrangement. The funding also begins development of a Multi-
Mission Command and Control Aircraft, which will operationalize the 
Common Widebody concept and streamline the fleet of command and control 
and intelligence, surveillance, and reconnaissance aircraft.
  I am strongly encouraged that the committee included $80 million to 
continue upgrades to the B-2 bomber. We are continuing the Link 16 
Datalink program, we will complete the integration of the EGBU-28 
bunker buster bomb, and we will continue to upgrade the EHF Satcom 
program. All of these programs are part of the Air Force's unfunded 
requirements list and continue ongoing programs that are urgently 
needed.
  The committee has also made a decision which makes tremendous 
military and financial sense, to convert all four retiring Trident 
submarines into SSGN cruise missile platforms. These ships will provide 
incredible capability to the nation, and the committee's addition of 
$463 million will allow the Navy to perform these conversions in the 
most cost effective way possible.
  I am also pleased to note that the committee included an additional 
$181 million to begin a second C-17 multi-year procurement for another 
60 aircraft.
  Future military commanders and future generations of Americans will 
look back on these decisions in several years and applaud the 
committee's foresight. These assets will ensure that America can 
continue to fight for just causes with the same excellence as the 
military which is in Afghanistan today.
  Mr. BEREUTER. Mr. Chairman, this Member rises in strong support for 
H.R. 3338, the Defense appropriations bill for FY2002. This Member 
would like to offer particular thanks to the chairman of the 
Subcommittee on Department of Defense Appropriations, the distinguished 
gentleman from California (Mr. Lewis), and the ranking minority member 
on the Subcommittee on Department of Defense Appropriations, the 
distinguished gentleman from Pennsylvania (Mr. Murtha), for their work 
on this important bill.
  Additionally, this Member is pleased to thank the Committee on 
Appropriations for including $3.8 million in fiscal year 2002 for the 
Air National Guard's Project ALERT. Currently, Project ALERT serves as 
an on-line training tool developed and used by the Nebraska National 
Guard in collaboration with the Department of Defense, the National 
Guard Bureau, the University of Nebraska, and Nebraska Educational 
Television. The $3.8 million appropriated in H.R. 3338 will assist with 
the completion of the initial development and implementation phases.
  Indeed, the implications of Project ALERT extend nationwide and to 
components of both the active and reserve military forces. Allowing 
military forces to complete some training courses on their own time, as 
Project ALERT does, provides an opportunity to cut on-site training 
costs and time and to maximize exercise time. For the U.S. military to 
meet the challenges it will face during the current war on terrorism 
and throughout the 21st century, it is crucial that Congress invest in 
innovative and flexible training tools such as Project ALERT.
  In closing, Mr. Chairman, this Member urges his colleagues to support 
H.R. 3338.
  Mr. BLUMENAUER. Mr. Chairman, our annual defense authorization and 
appropriations

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bills provide opportunity to respond to changing global security 
conditions. Our military is the best-equipped and best-trained by far 
in the world, spending more than the next 15 countries combined (and 12 
of those are our close allies). We need a new beginning now more than 
ever.
  Today, we need to begin anew to guarantee our security from the 
threats of today and tomorrow as well as to protect the wellbeing of 
fighting forces and their families.
  Ever since I have been in Congress, we have been making noises about 
restructuring our forces to meet tomorrow's threat. Making compromises 
leaves us vulnerable. We are not making the hard choices on a number of 
crucial issues such as dealing with excess base infrastructure, facing 
environmental cleanup costs, and rendering decisions about weapons 
systems that do not fit today's world. I cannot support a bill that 
does not make those hard choices.
  I do appreciate the hard work of the committee and the importance of 
the task. Yet, this is not the time for us to continue with a patchwork 
approach to our defense needs that looks to our past and not to the 
real threat for the future. The most perplexing expenditure in this 
bill is for national missile defense. September 11 demonstrated that we 
have more immediate security threats to the United States than a 
missile from a rogue state ten years from now.
  The anthrax attack which paralyzed Washington, DC, together with the 
terrorist attacks on the World Trade Center and the Pentagon, 
demonstrated that we have threats here and now that demand attention 
and demand resources. Spending perhaps a hundred billion dollars or 
more on unproven technology for the vague future threat of 
intercontinental ballistic missiles when we have more immediate 
concerns is not an appropriate response. The fact that it would have a 
potential destabilizing effect on other countries at precisely the time 
when we want them to coalesce around our leadership is even more reason 
to reject this approach. Increasing spending on missile defense by 
almost 50 percent over last year is not reasonable.
  There are other examples of current weapons systems which are just as 
bad if not so expensive. The Army plans to spend over $10 billion to 
field its lightweight force of the future that can go anywhere in the 
world in under 100 hours. At the same time, it is moving full speed 
ahead with the $13 billion Crusader mobile howitzer that is too heavy 
for even the largest planes in our arsenal to lift. My concern was best 
expressed by a Bush policy adviser quoted in U.S. News and World Report 
this summer. ``Why would you buy the same artillery pieces that 
Napoleon would understand? It's all Industrial Age equipment.''
  There are at least eight big-ticket weapons systems in this bill for 
which spending far exceeds levels requested by the White House--by 
almost a billion dollars. When Vice-President Dick Cheney was Secretary 
of Defense, he tried but failed to kill the V-22 Osprey aircraft 
program. It has been involved with 30 fatalities in four crashes; 
nonetheless appropriators earmarked $1.8 billion to buy 11 more of 
these questionable aircraft.
  The most obvious yet controversial example where we spend money 
fighting wars of the previous generation is the number of military 
bases that, in some cases, are left over from World War I and World War 
II. To right-size the U.S. military by undertaking another round of the 
base closing process will help us to adequately prepare ourselves to 
face the challenges of today.
  Our budget process needs to follow through on some of the stated 
intentions of Secretary Rumsfeld. The Quadrennial Defense Review was 
released in early October, yet a general who had worked on it for six 
months said it was rendered irrelevant by the September 11 attack. No 
major weapons systems were cut nor were there any force structure 
changes. The 2-Major Regional Contingency (MRC) strategy (to fight two 
major wars simultaneously) remains in place with only minor tweaking. 
We have yet to implement the prior QDR call to reduce force structure 
and equipment, for example reducing the number of F-22s purchased. The 
1997 QDR made more substantive changes than this one, even though the 
world was more stable.
  John Isaacs, president of the arms control organization Council for a 
Livable World, was right when he said, ``Review after review has been 
completed without taking a hard look at new weapons systems. It's full 
steam ahead with the status quo. Congress is only encouraging this 
behavior by approving huge increases in military spending. We could 
easily approach $400 billion in military spending and rival the peak 
cold-war budgets of the Reagan administration.''
  It is important to bear in mind that for FY02, so far we have 
allocated a total of $363 billion for the Department of Defense. That 
includes the $318 billion in this defense appropriations bill, as well 
as the military spending in the military construction and energy and 
water appropriations bills, and the $21 billion for the defense portion 
of the $40 billion post-September 11 supplemental. This is a 15 percent 
increase over the $316 billion spent in FY01. For reference, the 
consumer price index rose 2.6 percent last year. In addition, it is 
highly likely that we will consider at least one other supplemental in 
2002.
  We all should be concerned that the management of these large sums of 
money may not receive the priority it deserves. According to an audit 
by the DOD inspector general dated September 19: ``Of the $4.4 trillion 
in department-level accounting entries . . . $1.1 trillion were 
unsupported or improper.'' In FY98, 2,993 parts requisitioned by the 
military services had a price growth of 1,000 percent or more, 
according to the General Accounting Office. In one case, the unit price 
for a ball bearing jumped from 4 cents in 1997 to $11.25 in 1998. In 
another case, the price of an aircraft filter went from $41.96 to 
$972.71 during the same period.
  One critical function that is seriously underfunded is cleaning up 
our military's toxic legacy. This bill includes a line item for the 
very first time for research and development on unexploded ordnance, 
the 10-15 percent of the bombs and shells that did not detonate as 
intended. However, we are not addressing it seriously. We are spending 
only $17.3 million (a small increase of $2-5 million) when we are 
spending a total of a billion dollars a day on our military.
  This is a glimmer of a better future, but this bill overall is 
basically an environmental retreat. It contains an 18 percent reduction 
from last year's level for all environmental restoration at formerly 
used defense sites for a total of $190 million. In the critical area of 
cleaning up unexploded ordnance and other environmental restoration at 
formerly used defense sites, this budget falls far short. Even if, as 
we hope, the Senate Appropriations Committee restores the funding to 
last year's level, that is insufficient. A General Accounting Office 
report earlier this year states that DOD's own estimates put the cost 
of cleaning up UXO alone at these sites at over $100 billion, but 
experts expect the bill to be much greater. We have as much as 50 
million acres that is potentially contaminated with UXO. Our failure to 
fund cleanup of these formerly used defense sites is unacceptable.
  There are other ways that this bill fails to meet the critical need 
for environmental cleanup. It has only been in recent decades that our 
military has had to face the enormous expense and political challenge 
of becoming ``greener.'' Local communities are asking why military 
units should be exempt from Federal laws like the Clean Water Act. The 
Maine-based Military Toxics Project recently reported that military 
exemptions from laws and lax enforcement by regulatory agencies have 
produced over 27,000 toxic hot spots on 8,500 military properties. 
Minority and Native American groups, which often live closest to 
military facilities, see the issue as one of environmental justice.
  The Legacy Program assists the Department of Defense (DOD) in 
maintaining biological diversity, and the sustainable use of land and 
water resources for military mission and other uses. As part of DOD's 
efforts to maintain biodiversity, the Legacy Program has directly 
supported natural resource projects around the country. The natural 
resource funding levels in this bill before us today were reduced from 
previous funding levels and will restrict the Legacy Program's ability 
to continue protecting our nation's natural resources.
  What is particularly disappointing is that our commitment to be a 
good neighbor is absolutely essential in order to be able to have the 
public support and confidence to do what the military needs to do. Our 
military needs to have areas where it can train and in some cases, use 
live ammunition. The extent to which the public can't rely on safe 
cleanup and disposal will cause it to be less interested in having 
these practices continue where they are or to be located elsewhere.
  DOD is faced with cleaning up the contamination from decaying 
ordnance, mothballed warships, fuels, solvents, and other pollutants 
left over from the wars of the 20th century and before. This costs 
money and must be a priority.
  There is a recognition that the United States continues to have more 
military base infrastructure than it needs but faces political and 
community resistance regarding base closures. The problem goes beyond 
just the economic loss suffered from base realignment and closure. 
Those areas that are abandoned by the military often cannot be easily 
converted to other productive uses. Witness the continuing saga of 
facilities around the country like Fort Ord ten years after it was 
closed.

[[Page 23180]]

  The failure of the United States Department of Defense to be able to 
respond meaningfully and to quickly clean up former bases, restore them 
to a safe condition, and then turn them over to the community without a 
cloud of uncertainty means yet another reason for communities to resist 
base closure. They don't trust us. The evidence suggests they have good 
reason to be suspicious. Adequate funding for remediation and cleanup 
of toxic and dangerous wastes will not only hasten this land's 
restoration to productive use; it will also raise confidence so that 
we'll have positive examples that base closure does not need to be 
devastating to communities, and that, in fact, it can be a positive 
development. The failure of this budget of a billion dollars a day to 
make additional progress, whether for environmental protection or 
capacity to fight terrorist activity, is unacceptable.
  It is unacceptable that we have an 18 percent decrease in funding to 
pay for cleanup of places like the area around American University 
where residents are still at risk caused by hazards left over from 
World War I, while at the same time we are increasing overall spending 
for our military by 15 percent and increasing missile defense spending 
by 50 percent. Those are misplaced priorities, in my view.
  We must begin now to finally shift from cold-war spending and World 
War II bases. It is time for a new era to meet our needs for future 
defense. Until we have a bill that makes this transition, I must 
withhold my support.
  Mr. WATTS of Oklahoma. Mr. Chairman, I am pleased that this body is 
taking up the fiscal year 2002 Defense appropriations bill today. As 
our courageous military servicemen ``fight the good fight'' in Central 
Asia today, there is hardly a more pressing time for the passage of 
this bill. The amount of $317.5 billion, $19 billion over last year's 
level, is an important first step in both waging the war on terrorism 
and addressing readiness shortfalls that have been years in the making.
  Especially important in this bill is the $1.7 billion addition we 
added for a ``rapid-response capability'' for the war against 
terrorism. I also applaud the Appropriations Committee for providing 
for $7.9 billion for ballistic missile defense, an increase of $2.7 
billion over last year. Combating weapons of mass destruction could 
never be more important than it is today.
  Mr. Chairman, I am also pleased to inform my constituents of military 
construction projects previously passed totaling more than $52 million 
to be located in Oklahoma's Fourth District. Military installations in 
my congressional district are on the front lines of the war against 
terrorism, and this bill helps address some of the more urgent needs at 
these facilities.
  Mr. Chairman, in short, this bill is about increased security, about 
advancing our national interest, and about protecting ourselves from an 
asymmetric threat. This body has correctly taken the lead on the 
threats we face today.
  Ms. BROWN of Florida. Mr. Chairman, thank you to Chairman Lewis and 
Mr. Murtha for your hard work on this bill. As we discuss ways in which 
this House will support this nation's defenses, I feel there is no 
better time to thank the brave men and women who are presently risking 
their lives in Operation Infinite Justice. With their help we will 
continue to root out and destroy the terrorist networks that threaten 
peaceful nations throughout the world.
  I want to commend the committee for not including in this bill any 
BRAC language, which would have closed military bases at a time when we 
all can agree that we need a strong military. Now is not the time to 
close training facilities for our military. It is a long and tough road 
ahead for us as we rid the world of those terrorist elements who wish 
to do us harm. We must be fully prepared to meet those challenges and 
that means using the resources that we have, not stripping our military 
of vital bases.
  The tragedy of September 11 has given American an opportunity to do 
some soul searching. As we struggle for answers, we must not let our 
resolve grow weaker. We must always remember this tragedy--the enormous 
pain and suffering it has caused--and work to make our nation and this 
world a safer and more peaceful place.
  Again, my heart and prayers are with the family and friends of those 
who perished on September 11. Neither you, nor your loved ones, will be 
forgotten. As we consider this bill today, it is with you in mind. God 
bless you and God bless America.
  Mr. BENTSEN. Mr. Chairman, I rise in support of H.R. 3338, important 
legislation that provides $317.5 billion appropriations to the 
Department of Defense (DOD), supporting the honorable men and women, at 
home and abroad that are in service to the nation at this critical 
time. While I am pleased that this measure provides $20 billion in 
supplemental spending to meet the pressing needs in the wake of the 
terrorist attacks of September 11, 2001, I am disappointed with the 
House Rules Committee's decision to block an amendment by Mr. Obey of 
Wisconsin that seeks to enhance our domestic preparedness by increasing 
funding by $7.5 billion, to a level that the President said he would 
approve.
  Mr. Chairman, the attacks and the anthrax incidents that followed 
highlight the necessity for adopting a comprehensive approach to 
homeland security that, while fundamentally based on our military 
strength and intelligence activities also relies heavily on 
bioterrorism preparedness among Federal, state and local law 
enforcement and public health officials, as well as active policing of 
our borders and the seas that surround us. For this reason, I strongly 
believe that the House should have been given the opportunity to debate 
the merits of the Obey amendment. While there may be instances where 
post-September 11 spending requests made to the Appropriations 
Committee are simply repackaged proposals that have been repeatedly 
rejected, there are a number of areas where the urgent need for 
increased funding cannot be ignored.
  Specifically, as the representative for the Port of Houston, the 
nation's second largest port, I have met twice with the U.S. Coast 
Guard and learned about the new challenges involved in securing the 
Port of Houston in the wake of September 11. We now know that our 
transportation infrastructure has been targeted by the al Qaeda 
terrorist network, and the bombing of the U.S.S. Cole in October 2000 
proves that they are capable of carrying out maritime attacks. I 
strongly believe that the $368 million increase in Coast Guard funding, 
as provided under the Obey amendment, is essential to ensuring that the 
Coast Guard can continue to provide enhanced security in our waterways 
and seaports. H.R. 3338 provides only $145 million for the Coast Guard, 
well below the President's $203 million request.
  Moreover, Mr. Chairman, I regret that the House will not be allowed 
to provide enhanced support of state and local health departments and 
hospitals in their efforts to protect against bioterrorism, as provided 
under the Obey amendment. The Obey amendment would have raised funding 
to state and local public health entities to $700 million, $277 million 
more than provided for under H.R. 3338. Mr. Chairman, though the effort 
to identify and treat incidents of biological terrorism put forth by 
the public health community since September 11 is to be commended, a 
lot more needs to be done. It is critical that the House appreciate 
that state and local health departments, the first line of defense 
against bioterrorism, cannot bear the financial burden of meeting this 
challenge alone.
  I would also note that the Obey amendment would address the new 
realities in our mail system. Recent events have created an environment 
where the confidence of the American people about the safety of their 
mail service has been drawn into question. The Obey amendment would 
have given the U.S. Postal Service an additional $500 million to 
enhance the safety of our mail.
  Mr. Chairman, though I take strong issue with the limitations on the 
debate of H.R. 3338 is terribly flawed and believe that the Obey 
amendment would have greatly enhanced our homeland defense efforts, I 
will still vote for the underlying bill. I believe that H.R. 3338 
provides our Armed Forces with the tools and resources necessary to 
wage the war against terrorism and provide a strong defense. 
Additionally, I am pleased that H.R. 3338 includes funding for three 
important programs which I support.
  H.R. 3338 includes $8 million for the Disease Relief and Emergency 
Medical Services (DREAMS) programs, an innovative research program to 
develop cutting-edge technology to save lives and reduce costs for 
injured persons. DREAMS is a joint project between the University of 
Texas Houston Health Science Center and Texas A&M University System. 
The goal of DREAMS is to quickly transmit medical information via 
audio-visual devices from a remote location to an emergency physician 
to provide cutting-edge treatments for patients. This $8 million is the 
final installment in our five-year effort to provide better treatments 
and save lives.
  H.R. 3338 also includes $6 million for the Biology, Education, 
Screening, Chemopre-
vention, and Treatment (BESCT) Lung Cancer Research Program at the 
University of Texas M.D. Anderson Cancer Center which I represent. The 
comprehensive BESCT program will provide lung cancer patients with 
numerous services including smoking cessation, early diagnosis, 
inhibition of cancer development, and new treatments for lung cancer 
patients. Lung cancer is the leading cause of

[[Page 23181]]

cancer death in the United States, killing more than 160,000 
individuals a year. The current five-year survival rate for lung cancer 
is less than 15 percent. With more research, we will find new ways to 
diagnosis and treat this devastating disease. This $6 million 
represents the third installment on our five-year effort to reduce lung 
cancer and save lives.
  H.R. 3338 also includes $1 million for the Memorial Hermann 
Telemedicine network. Memorial Hermann Hospital at the Texas Medical 
Center in my district is developing a telemedicine network to provide 
treatments for patients from distant locations. Telemedicine 
applications have been shown to save lives and reduce health care costs 
by reducing the need for patients to travel to large medical facilities 
for routine treatments which can be done from remote locations. The 
Memorial Hermann Healthcare System (MHHS) currently serves 16 rural 
community hospitals in surrounding areas around the Memorial Hermann 
Hospital. This network will enable Memorial Hermann to offer diagnostic 
and consultative services to rural communities surrounding Houston. 
This $1 million investment will help MHHS to expand and buy additional 
equipment for this network so that MHHS can develop real-time 
treatments for remote locations. As part of the Department of Defense's 
biological warfare initiative, I believe that this telemedicine network 
will be designed to prepare the Houston area for such an attack. I 
believe that this partnership will give the Department of Defense 
another resource as it works to care for the health of our men and 
women in uniform.
  Mr. Chairman, additionally, I would like to commend the 
Appropriations Committee for producing a bill that funds the Operations 
and Maintenance (O&M) accounts or the budget's ``readiness'' account at 
$105 billion, a level adequate to operate and maintain U.S. forces, 
materials and facilities worldwide in upcoming fiscal year. This 
funding level represents an 8 percent increase over the current level 
or an increase of current level. I am pleased that the salaries of 
uniformed members of the U.S. armed services will be increased by 4.6 
percent. Mr. Chairman, many of us in Congress are greatly troubled that 
many military families must obtain food stamps to get by. At times such 
as these, when we ask so much of our service members and their 
families, it is critical that the Congress send the message that we 
value their dedication to protecting us all and is committed to 
ensuring that they have the tools to provide for their families. I am 
disappointed that H.R. 3338 fails to create parity between civilian 
employees at DOD and uniformed members of the Armed Services.
  Finally, Mr. Chairman, I am pleased that H.R. 3338 looks out beyond 
our present military needs and invests in the next generation of multi-
role fighter aircraft, the Joint Strike Fighter (JSF), to be produced 
by Lockheed Martin, an aviation leader with a strong presence in my 
State. H.R. 3338 provides $767 million in funding to Navy JSF 
development budget and $780 million in funding to the Air Force JSF 
development budget.
  Mr. Chairman, notwithstanding my deep regrets over the Rules 
Committee's actions, with respect to the Obey amendment, I urge my 
colleagues to join me in supporting H.R. 3338 which funds our Armed 
Forces and makes a substantial commitment to homeland defense at this 
critical juncture in our nation's history.
  Ms. BALDWIN. Mr. Chairman, I rise today in support of the Kucinich-
Lee amendments to the FY02 Defense appropriations bill and urge my 
colleague to vote in favor of this excellent amendment.
  Since the horrible events of September 11, Americans are more 
concerned than ever about our national defense. They want to know that 
our national leaders are working to ensure their safety from terrorist 
attacks. Protecting American lives must be our top priority as we 
address these new threats.
  In this new context, it is critically important that we prioritize 
funding for those threats most likely to endanger American lives. The 
Kucinich-Lee amendment wisely allocates additional funding to respond 
to weapons of mass destruction. It increases funding for Weapons of 
Mass Destruction Civil Support Teams to ensure that every state and 
territory can respond to a chemical or biological weapon attack. It 
would also provide much needed funding for development and production 
of vaccines against biological agents. Finally, the amendment provides 
additional funding for the Nunn-Lugar counterproliferation programs to 
prevent the spread of nuclear material from the former Soviet Union.
  As we prioritize those threats that pose the greatest danger to 
Americans and those solutions that are most cost effective, it becomes 
quite clear that a National Missile Defense (NMD) system is not an 
effective use of our resources. The Kucinich-Lee amendment would 
eliminate some of the accelerated NMD programming, while leaving in 
place a significant increase in NMD funding.
  While I firmly believe that the entire proposed $7.9 billion in NMD 
spending would be more effective if applied to other priorities, the 
Kucinich-Lee cut of $786.5 million is a good start in using this money 
more effectively. By cutting funding for construction of the ``Pacific 
Test Bed'' ballistic missile defense facilities, we maintain our 
compliance with the Antiballistic Missile (ABM) Treaty, which has been 
the foundation for nuclear arms control.
  I urge my colleague to adopt the Kucinich-Lee amendment.
  Mr. MURTHA. Mr. Chairman, I yield back the balance of my time.
  Mr. LEWIS of California. Mr. Chairman, I yield back the balance of my 
time.
  The CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the bill shall be considered for amendment 
under the 5-minute rule and the amendment printed in House Report 107-
303 is adopted.
  During consideration of the bill for amendment, the Chair may accord 
priority in recognition to a Member offering an amendment that he has 
printed in the designated place in the Congressional Record. Those 
amendments will be considered read.
  The Clerk will read.
  The Clerk read as follows:

                               H.R. 3338

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

         DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS, 2002

       The following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2002, for military functions 
     administered by the Department of Defense, and for other 
     purposes, namely:

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Army on active 
     duty (except members of reserve components provided for 
     elsewhere), cadets, and aviation cadets; and for payments 
     pursuant to section 156 of Public Law 97-377, as amended (42 
     U.S.C. 402 note), and to the Department of Defense Military 
     Retirement Fund, $23,336,884,000.

                        Military Personnel, Navy

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Navy on active 
     duty (except members of the Reserve provided for elsewhere), 
     midshipmen, and aviation cadets; and for payments pursuant to 
     section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
     note), and to the Department of Defense Military Retirement 
     Fund, $19,574,184,000.

                    Military Personnel, Marine Corps

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Marine Corps on 
     active duty (except members of the Reserve provided for 
     elsewhere); and for payments pursuant to section 156 of 
     Public Law 97-377, as amended (42 U.S.C. 402 note), and to 
     the Department of Defense Military Retirement Fund, 
     $7,343,640,000.

                     Military Personnel, Air Force

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Air Force on 
     active duty (except members of reserve components provided 
     for elsewhere), cadets, and aviation cadets; and for payments 
     pursuant to section 156 of Public Law 97-377, as amended (42 
     U.S.C. 402 note), and to the Department of Defense Military 
     Retirement Fund, $19,784,614,000.

                        Reserve Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     Reserve on active duty under sections 10211, 10302, and 3038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and for members of the Reserve Officers' 
     Training Corps, and expenses authorized by section 16131 of 
     title 10, United States

[[Page 23182]]

     Code; and for payments to the Department of Defense Military 
     Retirement Fund, $2,629,197,000.

                        Reserve Personnel, Navy

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Navy 
     Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     for members of the Reserve Officers' Training Corps, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $1,644,823,000.

                    Reserve Personnel, Marine Corps

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Marine 
     Corps Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     for members of the Marine Corps platoon leaders class, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $466,800,000.

                      Reserve Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air Force 
     Reserve on active duty under sections 10211, 10305, and 8038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and for members of the Air Reserve 
     Officers' Training Corps, and expenses authorized by section 
     16131 of title 10, United States Code; and for payments to 
     the Department of Defense Military Retirement Fund, 
     $1,055,160,000.

                     National Guard Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     National Guard while on duty under section 10211, 10302, or 
     12402 of title 10 or section 708 of title 32, United States 
     Code, or while serving on duty under section 12301(d) of 
     title 10 or section 502(f ) of title 32, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     training, or while performing drills or equivalent duty or 
     other duty, and expenses authorized by section 16131 of title 
     10, United States Code; and for payments to the Department of 
     Defense Military Retirement Fund, $4,004,335,000.

                  National Guard Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air 
     National Guard on duty under section 10211, 10305, or 12402 
     of title 10 or section 708 of title 32, United States Code, 
     or while serving on duty under section 12301(d) of title 10 
     or section 502(f ) of title 32, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing 
     training, or while performing drills or equivalent duty or 
     other duty, and expenses authorized by section 16131 of title 
     10, United States Code; and for payments to the Department of 
     Defense Military Retirement Fund, $1,777,654,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

                     (including transfer of funds)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Army, as authorized by law; 
     and not to exceed $10,794,000 can be used for emergencies and 
     extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Army, and payments may be 
     made on his certificate of necessity for confidential 
     military purposes, $21,021,944,000: Provided, That of the 
     funds made available under this heading, $1,000,000, to 
     remain available until expended, shall be transferred to 
     ``National Park Service--Construction'' within 30 days of the 
     enactment of this Act, only for necessary infrastructure 
     repair improvements at Fort Baker, under the management of 
     the Golden Gate Recreation Area: Provided further, That of 
     the funds appropriated in this paragraph, not less than 
     $355,000,000 shall be made available only for conventional 
     ammunition care and maintenance.

                    Operation and Maintenance, Navy

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Navy and the Marine Corps, 
     as authorized by law; and not to exceed $6,000,000 can be 
     used for emergencies and extraordinary expenses, to be 
     expended on the approval or authority of the Secretary of the 
     Navy, and payments may be made on his certificate of 
     necessity for confidential military purposes, 
     $26,628,075,000.

                Operation and Maintenance, Marine Corps

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Marine Corps, as authorized 
     by law, $2,939,434,000.

                  Operation and Maintenance, Air Force

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Air Force, as authorized by 
     law; and not to exceed $7,998,000 can be used for emergencies 
     and extraordinary expenses, to be expended on the approval or 
     authority of the Secretary of the Air Force, and payments may 
     be made on his certificate of necessity for confidential 
     military purposes, $25,842,968,000: Provided, That 
     notwithstanding any other provision of law, that of the funds 
     available under this heading, $750,000 shall only be 
     available to the Secretary of the Air Force for a grant to 
     Florida Memorial College for the purpose of funding minority 
     aviation training.

                Operation and Maintenance, Defense-Wide

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of activities and agencies of the 
     Department of Defense (other than the military departments), 
     as authorized by law, $12,122,590,000, of which not to exceed 
     $25,000,000 may be available for the CINC initiative fund 
     account; and of which not to exceed $33,500,000 can be used 
     for emergencies and extraordinary expenses, to be expended on 
     the approval or authority of the Secretary of Defense, and 
     payments may be made on his certificate of necessity for 
     confidential military purposes: Provided, That 
     notwithstanding any other provision of law, of the funds 
     provided in this Act for Civil Military programs under this 
     heading, $750,000 shall be available for a grant for Outdoor 
     Odyssey, Roaring Run, Pennsylvania, to support the Youth 
     Development and Leadership program and Department of Defense 
     STARBASE program: Provided further, That of the funds made 
     available in this paragraph, $1,500,000 shall be available 
     only for continuation of the Middle East Regional Security 
     Issues program: Provided further, That none of the funds 
     appropriated or otherwise made available by this Act may be 
     used to plan or implement the consolidation of a budget or 
     appropriations liaison office of the Office of the Secretary 
     of Defense, the office of the Secretary of a military 
     department, or the service headquarters of one of the Armed 
     Forces into a legislative affairs or legislative liaison 
     office.

                Operation and Maintenance, Army Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Army Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $1,788,546,000.

                Operation and Maintenance, Navy Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Navy Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $1,003,690,000.

            Operation and Maintenance, Marine Corps Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Marine Corps Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications, $144,023,000.

              Operation and Maintenance, Air Force Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Air Force Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications, $2,029,866,000.

             Operation and Maintenance, Army National Guard

       For expenses of training, organizing, and administering the 
     Army National Guard, including medical and hospital treatment 
     and related expenses in non-Federal hospitals; maintenance, 
     operation, and repairs to structures and facilities; hire of 
     passenger motor vehicles; personnel services in the National 
     Guard Bureau; travel expenses (other than mileage), as 
     authorized by law for Army personnel on active duty, for Army 
     National Guard division, regimental, and battalion commanders 
     while inspecting units in compliance with National Guard 
     Bureau regulations when specifically authorized by the Chief, 
     National Guard Bureau; supplying and equipping the Army 
     National Guard as

[[Page 23183]]

     authorized by law; and expenses of repair, modification, 
     maintenance, and issue of supplies and equipment (including 
     aircraft), $3,723,759,000.

             Operation and Maintenance, Air National Guard

       For operation and maintenance of the Air National Guard, 
     including medical and hospital treatment and related expenses 
     in non-Federal hospitals; maintenance, operation, repair, and 
     other necessary expenses of facilities for the training and 
     administration of the Air National Guard, including repair of 
     facilities, maintenance, operation, and modification of 
     aircraft; transportation of things, hire of passenger motor 
     vehicles; supplies, materials, and equipment, as authorized 
     by law for the Air National Guard; and expenses incident to 
     the maintenance and use of supplies, materials, and 
     equipment, including such as may be furnished from stocks 
     under the control of agencies of the Department of Defense; 
     travel expenses (other than mileage) on the same basis as 
     authorized by law for Air National Guard personnel on active 
     Federal duty, for Air National Guard commanders while 
     inspecting units in compliance with National Guard Bureau 
     regulations when specifically authorized by the Chief, 
     National Guard Bureau, $3,972,161,000.

             Overseas Contingency Operations Transfer Fund

                     (including transfer of funds)

       For expenses directly relating to Overseas Contingency 
     Operations by United States military forces, $2,744,226,000, 
     to remain available until expended: Provided, That the 
     Secretary of Defense may transfer these funds only to 
     military personnel accounts; operation and maintenance 
     accounts within this title; the Defense Health Program 
     appropriation; procurement accounts; research, development, 
     test and evaluation accounts; and to working capital funds: 
     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 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 transfer authority provided in this paragraph is in 
     addition to any other transfer authority contained elsewhere 
     in this Act.

          United States Court of Appeals for the Armed Forces

       For salaries and expenses necessary for the United States 
     Court of Appeals for the Armed Forces, $9,096,000, of which 
     not to exceed $2,500 can be used for official representation 
     purposes.

                    Environmental Restoration, Army

                     (including transfer of funds)

       For the Department of the Army, $389,800,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of the Army, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Army, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: 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.

                    Environmental Restoration, Navy

                     (including transfer of funds)

       For the Department of the Navy, $257,517,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Navy shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of the Navy, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Navy, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: 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.

                  Environmental Restoration, Air Force

                     (including transfer of funds)

       For the Department of the Air Force, $385,437,000, to 
     remain available until transferred: Provided, That the 
     Secretary of the Air Force shall, upon determining that such 
     funds are required for environmental restoration, reduction 
     and recycling of hazardous waste, removal of unsafe buildings 
     and debris of the Department of the Air Force, or for similar 
     purposes, transfer the funds made available by this 
     appropriation to other appropriations made available to the 
     Department of the Air Force, to be merged with and to be 
     available for the same purposes and for the same time period 
     as the appropriations to which transferred: 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.

                Environmental Restoration, Defense-Wide

                     (including transfer of funds)

       For the Department of Defense, $23,492,000, to remain 
     available until transferred: Provided, That the Secretary of 
     Defense shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of Defense, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of Defense, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: 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.

         Environmental Restoration, Formerly Used Defense Sites

                     (including transfer of funds)

       For the Department of the Army, $190,255,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris at 
     sites formerly used by the Department of Defense, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Army, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: 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.

             Overseas Humanitarian, Disaster, and Civic Aid

       For expenses relating to the Overseas Humanitarian, 
     Disaster, and Civic Aid programs of the Department of Defense 
     (consisting of the programs provided under sections 401, 402, 
     404, 2547, and 2551 of title 10, United States Code), 
     $49,700,000, to remain available until September 30, 2003.

        Support for International Sporting Competitions, Defense

       For logistical and security support for international 
     sporting competitions (including pay and non-travel related 
     allowances only for members of the Reserve Components of the 
     Armed Forces of the United States called or ordered to active 
     duty in connection with providing such support), $15,800,000, 
     to remain available until expended.

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,974,241,000, to remain available for obligation until 
     September 30, 2004.

                       Missile Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of missiles, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,057,409,000, to remain available for obligation until 
     September 30, 2004.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For construction, procurement, production, and modification 
     of weapons and tracked combat vehicles, equipment, including 
     ordnance, spare parts, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including the land necessary therefor, for 
     the foregoing purposes, and such

[[Page 23184]]

     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $2,252,669,000, to remain available for obligation until 
     September 30, 2004.

                    Procurement of Ammunition, Army

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $1,211,615,000, to remain available for obligation until 
     September 30, 2004.

                        Other Procurement, Army

       For construction, procurement, production, and modification 
     of vehicles, including tactical, support, and non-tracked 
     combat vehicles; the purchase of not to exceed 29 passenger 
     motor vehicles for replacement only; and the purchase of 3 
     vehicles required for physical security of personnel, 
     notwithstanding price limitations applicable to passenger 
     vehicles but not to exceed $200,000 per vehicle; 
     communications and electronic equipment; other support 
     equipment; spare parts, ordnance, and accessories therefor; 
     specialized equipment and training devices; expansion of 
     public and private plants, including the land necessary 
     therefor, for the foregoing purposes, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title; and 
     procurement and installation of equipment, appliances, and 
     machine tools in public and private plants; reserve plant and 
     Government and contractor-owned equipment layaway; and other 
     expenses necessary for the foregoing purposes, 
     $4,103,036,000, to remain available for obligation until 
     September 30, 2004.

                       Aircraft Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     spare parts, and accessories therefor; specialized equipment; 
     expansion of public and private plants, including the land 
     necessary therefor, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway, $8,084,543,000, to remain available 
     for obligation until September 30, 2004.

                       Weapons Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of missiles, torpedoes, other weapons, and 
     related support equipment including spare parts, and 
     accessories therefor; expansion of public and private plants, 
     including the land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title; and 
     procurement and installation of equipment, appliances, and 
     machine tools in public and private plants; reserve plant and 
     Government and contractor-owned equipment layaway, 
     $1,429,492,000, to remain available for obligation until 
     September 30, 2004.

            Procurement of Ammunition, Navy and Marine Corps

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $492,599,000, to remain available for obligation until 
     September 30, 2004.

                   Shipbuilding and Conversion, Navy


       For expenses necessary for the construction, acquisition, 
     or conversion of vessels as authorized by law, including 
     armor and armament thereof, plant equipment, appliances, and 
     machine tools and installation thereof in public and private 
     plants; reserve plant and Government and contractor-owned 
     equipment layaway; procurement of critical, long leadtime 
     components and designs for vessels to be constructed or 
     converted in the future; and expansion of public and private 
     plants, including land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title, as follows:
       Carrier Replacement Program (AP), $138,890,000;
       SSGN (AP), $549,440,000;
       Virginia Class Submarine, $1,578,914,000;
       Virginia Class Submarine (AP), $684,288,000;
       CVN Refueling Overhauls, $1,175,124,000;
       CVN Refueling Overhauls (AP), $73,707,000;
       Submarine Refueling Overhauls, $382,265,000;
       Submarine Refueling Overhauls (AP), $77,750,000;
       DDG-51, $3,786,036,000;
       LPD-17 (AP), $286,330,000;
       ADC(X), $370,818,000;
       Outfitting, $297,230,000;
       LCAC SLEP, $46,091,000;
       Completion of Prior Year Ship Building Programs, 
     $680,000,000;
       Mine Hunter SWATH, $2,000,000;
       Yard Oilers, $6,000,000;
     In all: $10,134,883,000, to remain available for obligation 
     until September 30, 2006: Provided, That additional 
     obligations may be incurred after September 30, 2006, for 
     engineering services, tests, evaluations, and other such 
     budgeted work that must be performed in the final stage of 
     ship construction: Provided further, That none of the funds 
     provided under this heading for the construction or 
     conversion of any naval vessel to be constructed in shipyards 
     in the United States shall be expended in foreign facilities 
     for the construction of major components of such vessel: 
     Provided further, That none of the funds provided under this 
     heading shall be used for the construction of any naval 
     vessel in foreign shipyards.

                        Other Procurement, Navy

       For procurement, production, and modernization of support 
     equipment and materials not otherwise provided for, Navy 
     ordnance (except ordnance for new aircraft, new ships, and 
     ships authorized for conversion); the purchase of not to 
     exceed 35 passenger motor vehicles for replacement only; and 
     the purchase of 2 vehicles required for physical security of 
     personnel, notwithstanding price limitations applicable to 
     passenger vehicles but not to exceed $230,000 per vehicle; 
     expansion of public and private plants, including the land 
     necessary therefor, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway, $4,290,776,000, to remain available 
     for obligation until September 30, 2004.

                       Procurement, Marine Corps

       For expenses necessary for the procurement, manufacture, 
     and modification of missiles, armament, military equipment, 
     spare parts, and accessories therefor; plant equipment, 
     appliances, and machine tools, and installation thereof in 
     public and private plants; reserve plant and Government and 
     contractor-owned equipment layaway; vehicles for the Marine 
     Corps, including the purchase of not to exceed 25 passenger 
     motor vehicles for replacement only; and expansion of public 
     and private plants, including land necessary therefor, and 
     such lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title, 
     $1,028,662,000, to remain available for obligation until 
     September 30, 2004.

                    Aircraft Procurement, Air Force

       For construction, procurement, and modification of aircraft 
     and equipment, including armor and armament, specialized 
     ground handling equipment, and training devices, spare parts, 
     and accessories therefor; specialized equipment; expansion of 
     public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things, 
     $10,549,798,000, to remain available for obligation until 
     September 30, 2004.

                     Missile Procurement, Air Force

       For construction, procurement, and modification of 
     missiles, spacecraft, rockets, and related equipment, 
     including spare parts and accessories therefor, ground 
     handling equipment, and training devices; expansion of public 
     and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things, 
     $2,918,118,000, to remain available for obligation until 
     September 30, 2004.

                  Procurement of Ammunition, Air Force

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities authorized by 
     section 2854 of title 10,

[[Page 23185]]

     United States Code, and the land necessary therefor, for the 
     foregoing purposes, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway; and other expenses necessary for the 
     foregoing purposes, $866,844,000, to remain available for 
     obligation until September 30, 2004.

                      Other Procurement, Air Force

       For procurement and modification of equipment (including 
     ground guidance and electronic control equipment, and ground 
     electronic and communication equipment), and supplies, 
     materials, and spare parts therefor, not otherwise provided 
     for; the purchase of not to exceed 216 passenger motor 
     vehicles for replacement only; and the purchase of 3 vehicles 
     required for physical security of personnel, notwithstanding 
     price limitations applicable to passenger vehicles but not to 
     exceed $230,000 per vehicle; lease of passenger motor 
     vehicles; and expansion of public and private plants, 
     Government-owned equipment and installation thereof in such 
     plants, erection of structures, and acquisition of land, for 
     the foregoing purposes, and such lands and interests therein, 
     may be acquired, and construction prosecuted thereon, prior 
     to approval of title; reserve plant and Government and 
     contractor-owned equipment layaway, $7,856,671,000, to remain 
     available for obligation until September 30, 2004.

                       Procurement, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments) necessary 
     for procurement, production, and modification of equipment, 
     supplies, materials, and spare parts therefor, not otherwise 
     provided for; the purchase of not to exceed 65 passenger 
     motor vehicles for replacement only; the purchase of 4 
     vehicles required for physical security of personnel, 
     notwithstanding price limitations applicable to passenger 
     vehicles but not to exceed $250,000 per vehicle; expansion of 
     public and private plants, equipment, and installation 
     thereof in such plants, erection of structures, and 
     acquisition of land for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway, $1,387,283,000, to remain available for obligation 
     until September 30, 2004.

                    Defense Production Act Purchases

       For activities by the Department of Defense pursuant to 
     sections 108, 301, 302, and 303 of the Defense Production Act 
     of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), 
     $50,000,000, to remain available until expended.

                  National Guard and Reserve Equipment

       For procurement of aircraft, missiles, tracked combat 
     vehicles, ammunition, other weapons, and other procurement 
     for the reserve components of the Armed Forces, $501,485,000, 
     to remain available for obligation until September 30, 2004: 
     Provided, That the Chiefs of the Reserve and National Guard 
     components shall, not later than 30 days after the enactment 
     of this Act, individually submit to the congressional defense 
     committees the modernization priority assessment for their 
     respective Reserve or National Guard component: Provided 
     further, That of the funds appropriated under this heading, 
     $131,176,000 shall be available only for the procurement of 
     eight UH-60 helicopters for the Army Reserve, and 
     $226,909,000 shall be available only for the procurement of 
     C-130J aircraft to be used solely for western states 
     firefighting.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $7,115,438,000, to remain available 
     for obligation until September 30, 2003.

            Research, Development, Test and Evaluation, Navy

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $10,896,307,000, to remain 
     available for obligation until September 30, 2003.

         Research, Development, Test and Evaluation, Air Force

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $14,884,058,000, to remain 
     available for obligation until September 30, 2003.

        Research, Development, Test and Evaluation, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments), necessary 
     for basic and applied scientific research, development, test 
     and evaluation; advanced research projects as may be 
     designated and determined by the Secretary of Defense, 
     pursuant to law; maintenance, rehabilitation, lease, and 
     operation of facilities and equipment, $6,949,098,000, to 
     remain available for obligation until September 30, 2003.

                Operational Test and Evaluation, Defense

       For expenses, not otherwise provided for, necessary for the 
     independent activities of the Director, Operational Test and 
     Evaluation in the direction and supervision of operational 
     test and evaluation, including initial operational test and 
     evaluation which is conducted prior to, and in support of, 
     production decisions; joint operational testing and 
     evaluation; and administrative expenses in connection 
     therewith, $245,355,000, to remain available for obligation 
     until September 30, 2003.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For the Defense Working Capital Funds, $1,524,986,000: 
     Provided, That during fiscal year 2002, funds in the Defense 
     Working Capital Funds may be used for the purchase of not to 
     exceed 330 passenger carrying motor vehicles for replacement 
     only for the Defense Security Service.

                     National Defense Sealift Fund

       For National Defense Sealift Fund programs, projects, and 
     activities, and for expenses of the National Defense Reserve 
     Fleet, as established by section 11 of the Merchant Ship 
     Sales Act of 1946 (50 U.S.C. App. 1744), and for the 
     necessary expenses to maintain and preserve a U.S.-flag 
     merchant fleet to serve the national security needs of the 
     United States, $412,708,000, to remain available until 
     expended: Provided, That none of the funds provided in this 
     paragraph shall be used to award a new contract that provides 
     for the acquisition of any of the following major components 
     unless such components are manufactured in the United States: 
     auxiliary equipment, including pumps, for all shipboard 
     services; propulsion system components (that is; engines, 
     reduction gears, and propellers); shipboard cranes; and 
     spreaders for shipboard cranes: Provided further, That the 
     exercise of an option in a contract awarded through the 
     obligation of previously appropriated funds shall not be 
     considered to be the award of a new contract: Provided 
     further, That the Secretary of the military department 
     responsible for such procurement may waive the restrictions 
     in the first proviso on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For expenses, not otherwise provided for, for medical and 
     health care programs of the Department of Defense, as 
     authorized by law, $18,277,403,000, of which $17,574,750,000 
     shall be for Operation and maintenance, of which not to 
     exceed 2 percent shall remain available until September 30, 
     2003; of which $267,915,000, to remain available for 
     obligation until September 30, 2004, shall be for 
     Procurement; of which $434,738,000, to remain available for 
     obligation until September 30, 2003, shall be for Research, 
     development, test and evaluation, and of which $20,000,000 
     shall be available for HIV prevention educational activities 
     undertaken in connection with U.S. military training, 
     exercises, and humanitarian assistance activities conducted 
     in African nations.

            Chemical Agents and Munitions Destruction, Army

       For expenses, not otherwise provided for, necessary for the 
     destruction of the United States stockpile of lethal chemical 
     agents and munitions in accordance with the provisions of 
     section 1412 of the Department of Defense Authorization Act, 
     1986 (50 U.S.C. 1521), and for the destruction of other 
     chemical warfare materials that are not in the chemical 
     weapon stockpile, $1,093,057,000, of which $728,520,000 shall 
     be for Operation and maintenance to remain available until 
     September 30, 2003, $164,158,000 shall be for Procurement to 
     remain available until September 30, 2004, and $200,379,000 
     shall be for Research, development, test and evaluation to 
     remain available until September 30, 2003: Provided, That of 
     the funds available under this heading, $1,000,000 shall be 
     available until expended each year only for a Johnston Atoll 
     off-island leave program: Provided further, That the 
     Secretaries concerned shall, pursuant to uniform regulations, 
     prescribe travel and transportation allowances for travel by 
     participants in the off-island leave program.

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

       For drug interdiction and counter-drug activities of the 
     Department of Defense, for

[[Page 23186]]

     transfer to appropriations available to the Department of 
     Defense for military personnel of the reserve components 
     serving under the provisions of title 10 and title 32, United 
     States Code; for Operation and maintenance; for Procurement; 
     and for Research, development, test and evaluation, 
     $827,381,000: Provided, That the funds appropriated under 
     this heading shall be available for obligation for the same 
     time period and for the same purpose as the appropriation to 
     which transferred: Provided further, That the transfer 
     authority provided under this heading is in addition to any 
     other transfer authority contained elsewhere in this Act.

                    Office of the Inspector General

       For expenses and activities of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $152,021,000, of which 
     $150,221,000 shall be for Operation and maintenance, of which 
     not to exceed $700,000 is available for emergencies and 
     extraordinary expenses to be expended on the approval or 
     authority of the Inspector General, and payments may be made 
     on the Inspector General's certificate of necessity for 
     confidential military purposes; and of which $1,800,000 to 
     remain available until September 30, 2004, shall be for 
     Procurement.

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

       For payment to the Central Intelligence Agency Retirement 
     and Disability System Fund, to maintain the proper funding 
     level for continuing the operation of the Central 
     Intelligence Agency Retirement and Disability System, 
     $212,000,000.

               Intelligence Community Management Account

                     (including transfer of funds)

       For necessary expenses of the Intelligence Community 
     Management Account, $144,929,000, of which $28,003,000 for 
     the Advanced Research and Development Committee shall remain 
     available until September 30, 2003: Provided, That of the 
     funds appropriated under this heading, $34,100,000 shall be 
     transferred to the Department of Justice for the National 
     Drug Intelligence Center to support the Department of 
     Defense's counter-drug intelligence responsibilities, and of 
     the said amount, $1,500,000 for Procurement shall remain 
     available until September 30, 2004, and $1,000,000 for 
     Research, development, test and evaluation shall remain 
     available until September 30, 2003: Provided further, That 
     the National Drug Intelligence Center shall maintain the 
     personnel and technical resources to provide timely support 
     to law enforcement authorities to conduct document 
     exploitation of materials collected in Federal, State, and 
     local law enforcement activity.

Payment to Kaho'olawe Island Conveyance, Remediation, and Environmental 
                            Restoration Fund

       For payment to Kaho'olawe Island Conveyance, Remediation, 
     and Environmental Restoration Fund, as authorized by law, 
     $25,000,000, to remain available until expended.

                 National Security Education Trust Fund

       For the purposes of title VIII of Public Law 102-183, 
     $8,000,000, to be derived from the National Security 
     Education Trust Fund, to remain available until expended.

                               TITLE VIII

                           GENERAL PROVISIONS

       Sec. 8001. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 8002. During the current fiscal year, provisions of 
     law prohibiting the payment of compensation to, or employment 
     of, any person not a citizen of the United States shall not 
     apply to personnel of the Department of Defense: Provided, 
     That salary increases granted to direct and indirect hire 
     foreign national employees of the Department of Defense 
     funded by this Act shall not be at a rate in excess of the 
     percentage increase authorized by law for civilian employees 
     of the Department of Defense whose pay is computed under the 
     provisions of section 5332 of title 5, United States Code, or 
     at a rate in excess of the percentage increase provided by 
     the appropriate host nation to its own employees, whichever 
     is higher: Provided further, That this section shall not 
     apply to Department of Defense foreign service national 
     employees serving at United States diplomatic missions whose 
     pay is set by the Department of State under the Foreign 
     Service Act of 1980: Provided further, That the limitations 
     of this provision shall not apply to foreign national 
     employees of the Department of Defense in the Republic of 
     Turkey.
       Sec. 8003. 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. 8004. No more than 20 percent of the appropriations in 
     this Act which are limited for obligation during the current 
     fiscal year shall be obligated during the last 2 months of 
     the fiscal year: Provided, That this section shall not apply 
     to obligations for support of active duty training of reserve 
     components or summer camp training of the Reserve Officers' 
     Training Corps.

                          (transfer of funds)

       Sec. 8005. Upon determination by the Secretary of Defense 
     that such action is necessary in the national interest, he 
     may, with the approval of the Office of Management and 
     Budget, transfer not to exceed $2,500,000,000 of working 
     capital funds of the Department of Defense or funds made 
     available in this Act to the Department of Defense for 
     military functions (except military construction) between 
     such appropriations or funds or any subdivision thereof, to 
     be merged with and to be available for the same purposes, and 
     for the same time period, as the appropriation or fund to 
     which transferred: Provided, That such authority to transfer 
     may not be used unless for higher priority items, based on 
     unforeseen military requirements, than those for which 
     originally appropriated and in no case where the item for 
     which funds are requested has been denied by the Congress: 
     Provided further, That the Secretary of Defense shall notify 
     the Congress promptly of all transfers made pursuant to this 
     authority or any other authority in this Act: Provided 
     further, That no part of the funds in this Act shall be 
     available to prepare or present a request to the Committees 
     on Appropriations for reprogramming of funds, unless for 
     higher priority items, based on unforeseen military 
     requirements, than those for which originally appropriated 
     and in no case where the item for which reprogramming is 
     requested has been denied by the Congress.

                          (transfer of funds)

       Sec. 8006. During the current fiscal year, cash balances in 
     working capital funds of the Department of Defense 
     established pursuant to section 2208 of title 10, United 
     States Code, may be maintained in only such amounts as are 
     necessary at any time for cash disbursements to be made from 
     such funds: Provided, That transfers may be made between such 
     funds: Provided further, That transfers may be made between 
     working capital funds and the ``Foreign Currency 
     Fluctuations, Defense'' appropriation and the ``Operation and 
     Maintenance'' appropriation accounts in such amounts as may 
     be determined by the Secretary of Defense, with the approval 
     of the Office of Management and Budget, except that such 
     transfers may not be made unless the Secretary of Defense has 
     notified the Congress of the proposed transfer. Except in 
     amounts equal to the amounts appropriated to working capital 
     funds in this Act, no obligations may be made against a 
     working capital fund to procure or increase the value of war 
     reserve material inventory, unless the Secretary of Defense 
     has notified the Congress prior to any such obligation.
       Sec. 8007. Funds appropriated by this Act may not be used 
     to initiate a special access program without prior 
     notification 30 calendar days in session in advance to the 
     congressional defense committees.
       Sec. 8008. None of the funds provided in this Act shall be 
     available to initiate: (1) a multiyear contract that employs 
     economic order quantity procurement in excess of $20,000,000 
     in any 1 year of the contract or that includes an unfunded 
     contingent liability in excess of $20,000,000; or (2) a 
     contract for advance procurement leading to a multiyear 
     contract that employs economic order quantity procurement in 
     excess of $20,000,000 in any 1 year, unless the congressional 
     defense committees have been notified at least 30 days in 
     advance of the proposed contract award: Provided, That no 
     part of any appropriation contained in this Act shall be 
     available to initiate a multiyear contract for which the 
     economic order quantity advance procurement is not funded at 
     least to the limits of the Government's liability: Provided 
     further, That no part of any appropriation contained in this 
     Act shall be available to initiate multiyear procurement 
     contracts for any systems or component thereof if the value 
     of the multiyear contract would exceed $500,000,000 unless 
     specifically provided in this Act: Provided further, That no 
     multiyear procurement contract can be terminated without 10-
     day prior notification to the congressional defense 
     committees: Provided further, That the execution of multiyear 
     authority shall require the use of a present value analysis 
     to determine lowest cost compared to an annual procurement.
       Funds appropriated in title III of this Act may be used for 
     a C-17 multiyear procurement contract.
       Sec. 8009. Within the funds appropriated for the operation 
     and maintenance of the Armed Forces, funds are hereby 
     appropriated pursuant to section 401 of title 10, United 
     States Code, for humanitarian and civic assistance costs 
     under chapter 20 of title 10, United States Code. Such funds 
     may also be obligated for humanitarian and civic assistance 
     costs incidental to authorized operations and pursuant to 
     authority granted in section 401 of chapter 20 of title 10, 
     United States Code, and these obligations shall be reported 
     to the Congress as of September 30 of each year: Provided, 
     That funds available for operation and maintenance shall be 
     available for providing humanitarian and similar assistance 
     by using Civic Action Teams in the Trust Territories of the 
     Pacific Islands and freely associated states of Micronesia, 
     pursuant to the Compact of Free Association as authorized by 
     Public Law 99-239: Provided further, That upon a 
     determination by the Secretary of the Army that such action 
     is beneficial for graduate medical education programs 
     conducted at Army medical

[[Page 23187]]

     facilities located in Hawaii, the Secretary of the Army may 
     authorize the provision of medical services at such 
     facilities and transportation to such facilities, on a 
     nonreimbursable basis, for civilian patients from American 
     Samoa, the Commonwealth of the Northern Mariana Islands, the 
     Marshall Islands, the Federated States of Micronesia, Palau, 
     and Guam.
       Sec. 8010. (a) During fiscal year 2002, the civilian 
     personnel of the Department of Defense may not be managed on 
     the basis of any end-strength, and the management of such 
     personnel during that fiscal year shall not be subject to any 
     constraint or limitation (known as an end-strength) on the 
     number of such personnel who may be employed on the last day 
     of such fiscal year.
       (b) The fiscal year 2003 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2003 Department of 
     Defense budget request shall be prepared and submitted to the 
     Congress as if subsections (a) and (b) of this provision were 
     effective with regard to fiscal year 2003.
       (c) Nothing in this section shall be construed to apply to 
     military (civilian) technicians.
       Sec. 8011. Notwithstanding any other provision of law, none 
     of the funds made available by this Act shall be used by the 
     Department of Defense to exceed, outside the 50 United 
     States, its territories, and the District of Columbia, 
     125,000 civilian workyears: Provided, That workyears shall be 
     applied as defined in the Federal Personnel Manual: Provided 
     further, That workyears expended in dependent student hiring 
     programs for disadvantaged youths shall not be included in 
     this workyear limitation.
       Sec. 8012. None of the funds made available by this Act 
     shall be used in any way, directly or indirectly, to 
     influence congressional action on any legislation or 
     appropriation matters pending before the Congress.
       Sec. 8013. None of the funds appropriated by this Act shall 
     be available for the basic pay and allowances of any member 
     of the Army participating as a full-time student and 
     receiving benefits paid by the Secretary of Veterans Affairs 
     from the Department of Defense Education Benefits Fund when 
     time spent as a full-time student is credited toward 
     completion of a service commitment: Provided, That this 
     subsection shall not apply to those members who have 
     reenlisted with this option prior to October 1, 1987: 
     Provided further, That this subsection applies only to active 
     components of the Army.
       Sec. 8014. None of the funds appropriated by this Act shall 
     be available to convert to contractor performance an activity 
     or function of the Department of Defense that, on or after 
     the date of the enactment of this Act, is performed by more 
     than 10 Department of Defense civilian employees until a most 
     efficient and cost-effective organization analysis is 
     completed on such activity or function and certification of 
     the analysis is made to the Committees on Appropriations of 
     the House of Representatives and the Senate: Provided, That 
     this section and subsections (a), (b), and (c) of 10 U.S.C. 
     2461 shall not apply to a commercial or industrial type 
     function of the Department of Defense that: (1) is included 
     on the procurement list established pursuant to section 2 of 
     the Act of June 25, 1938 (41 U.S.C. 47), popularly referred 
     to as the Javits-Wagner-O'Day Act; (2) is planned to be 
     converted to performance by a qualified nonprofit agency for 
     the blind or by a qualified nonprofit agency for other 
     severely handicapped individuals in accordance with that Act; 
     or (3) is planned to be converted to performance by a 
     qualified firm under 51 percent ownership by an Indian tribe, 
     as defined in section 450b(e) of title 25, United States 
     Code, or a Native Hawaiian organization, as defined in 
     section 637(a)(15) of title 15, United States Code.

                          (transfer of funds)

       Sec. 8015. Funds appropriated in title III of this Act for 
     the Department of Defense Pilot Mentor-Protege Program may be 
     transferred to any other appropriation contained in this Act 
     solely for the purpose of implementing a Mentor-Protege 
     Program developmental assistance agreement pursuant to 
     section 831 of the National Defense Authorization Act for 
     Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2301 note), 
     as amended, under the authority of this provision or any 
     other transfer authority contained in this Act.
       Sec. 8016. None of the funds in this Act may be available 
     for the purchase by the Department of Defense (and its 
     departments and agencies) of welded shipboard anchor and 
     mooring chain 4 inches in diameter and under unless the 
     anchor and mooring chain are manufactured in the United 
     States from components which are substantially manufactured 
     in the United States: Provided, That for the purpose of this 
     section manufactured will include cutting, heat treating, 
     quality control, testing of chain and welding (including the 
     forging and shot blasting process): Provided further, That 
     for the purpose of this section substantially all of the 
     components of anchor and mooring chain shall be considered to 
     be produced or manufactured in the United States if the 
     aggregate cost of the components produced or manufactured in 
     the United States exceeds the aggregate cost of the 
     components produced or manufactured outside the United 
     States: Provided further, That when adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis, the Secretary of the service 
     responsible for the procurement may waive this restriction on 
     a case-by-case basis by certifying in writing to the 
     Committees on Appropriations that such an acquisition must be 
     made in order to acquire capability for national security 
     purposes.
       Sec. 8017. None of the funds appropriated by this Act 
     available for the Civilian Health and Medical Program of the 
     Uniformed Services (CHAMPUS) or TRICARE shall be available 
     for the reimbursement of any health care provider for 
     inpatient mental health service for care received when a 
     patient is referred to a provider of inpatient mental health 
     care or residential treatment care by a medical or health 
     care professional having an economic interest in the facility 
     to which the patient is referred: Provided, That this 
     limitation does not apply in the case of inpatient mental 
     health services provided under the program for persons with 
     disabilities under subsection (d) of section 1079 of title 
     10, United States Code, provided as partial hospital care, or 
     provided pursuant to a waiver authorized by the Secretary of 
     Defense because of medical or psychological circumstances of 
     the patient that are confirmed by a health professional who 
     is not a Federal employee after a review, pursuant to rules 
     prescribed by the Secretary, which takes into account the 
     appropriate level of care for the patient, the intensity of 
     services required by the patient, and the availability of 
     that care.
       Sec. 8018. Funds available in this Act may be used to 
     provide transportation for the next-of-kin of individuals who 
     have been prisoners of war or missing in action from the 
     Vietnam era to an annual meeting in the United States, under 
     such regulations as the Secretary of Defense may prescribe.
       Sec. 8019. Notwithstanding any other provision of law, 
     during the current fiscal year, the Secretary of Defense may, 
     by executive agreement, establish with host nation 
     governments in NATO member states a separate account into 
     which such residual value amounts negotiated in the return of 
     United States military installations in NATO member states 
     may be deposited, in the currency of the host nation, in lieu 
     of direct monetary transfers to the United States Treasury: 
     Provided, That such credits may be utilized only for the 
     construction of facilities to support United States military 
     forces in that host nation, or such real property maintenance 
     and base operating costs that are currently executed through 
     monetary transfers to such host nations: Provided further, 
     That the Department of Defense's budget submission for fiscal 
     year 2003 shall identify such sums anticipated in residual 
     value settlements, and identify such construction, real 
     property maintenance or base operating costs that shall be 
     funded by the host nation through such credits: Provided 
     further, That all military construction projects to be 
     executed from such accounts must be previously approved in a 
     prior Act of Congress: Provided further, That each such 
     executive agreement with a NATO member host nation shall be 
     reported to the congressional defense committees, the 
     Committee on International Relations of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate 30 days prior to the conclusion and endorsement of any 
     such agreement established under this provision.
       Sec. 8020. None of the funds available to the Department of 
     Defense may be used to demilitarize or dispose of M-1 
     Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, 
     .30 caliber rifles, or M-1911 pistols.
       Sec. 8021. No more than $500,000 of the funds appropriated 
     or made available in this Act shall be used during a single 
     fiscal year for any single relocation of an organization, 
     unit, activity or function of the Department of Defense into 
     or within the National Capital Region: Provided, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the congressional 
     defense committees that such a relocation is required in the 
     best interest of the Government.
       Sec. 8022. In addition to the funds provided elsewhere in 
     this Act, $8,000,000 is appropriated only for incentive 
     payments authorized by section 504 of the Indian Financing 
     Act of 1974 (25 U.S.C. 1544): Provided, That a subcontractor 
     at any tier shall be considered a contractor for the purposes 
     of being allowed additional compensation under section 504 of 
     the Indian Financing Act of 1974 (25 U.S.C. 1544).
       Sec. 8023. During the current fiscal year, funds 
     appropriated or otherwise available for any Federal agency, 
     the Congress, the judicial branch, or the District of 
     Columbia may be used for the pay, allowances, and benefits of 
     an employee as defined by section 2105 of title 5, United 
     States Code, or an individual employed by the government of 
     the District of Columbia, permanent or temporary indefinite, 
     who--
       (1) is a member of a Reserve component of the Armed Forces, 
     as described in section 10101 of title 10, United States 
     Code, or the National Guard, as described in section 101 of 
     title 32, United States Code;
       (2) performs, for the purpose of providing military aid to 
     enforce the law or providing

[[Page 23188]]

     assistance to civil authorities in the protection or saving 
     of life or property or prevention of injury--
       (A) Federal service under sections 331, 332, 333, or 12406 
     of title 10, United States Code, or other provision of law, 
     as applicable; or
       (B) full-time military service for his or her State, the 
     District of Columbia, the Commonwealth of Puerto Rico, or a 
     territory of the United States; and
       (3) requests and is granted--
       (A) leave under the authority of this section; or
       (B) annual leave, which may be granted without regard to 
     the provisions of sections 5519 and 6323(b) of title 5, 
     United States Code, if such employee is otherwise entitled to 
     such annual leave:

     Provided, That any employee who requests leave under 
     subsection (3)(A) for service described in subsection (2) of 
     this section is entitled to such leave, subject to the 
     provisions of this section and of the last sentence of 
     section 6323(b) of title 5, United States Code, and such 
     leave shall be considered leave under section 6323(b) of 
     title 5, United States Code.
       Sec. 8024. None of the funds appropriated by this Act shall 
     be available to perform any cost study pursuant to the 
     provisions of OMB Circular A-76 if the study being performed 
     exceeds a period of 24 months after initiation of such study 
     with respect to a single function activity or 48 months after 
     initiation of such study for a multi-function activity.
       Sec. 8025. Funds appropriated by this Act for the American 
     Forces Information Service shall not be used for any national 
     or international political or psychological activities.
       Sec. 8026. Notwithstanding any other provision of law or 
     regulation, the Secretary of Defense may adjust wage rates 
     for civilian employees hired for certain health care 
     occupations as authorized for the Secretary of Veterans 
     Affairs by section 7455 of title 38, United States Code.
       Sec. 8027. None of the funds appropriated or made available 
     in this Act shall be used to reduce or disestablish the 
     operation of the 53rd Weather Reconnaissance Squadron of the 
     Air Force Reserve, if such action would reduce the WC-130 
     Weather Reconnaissance mission below the levels funded in 
     this Act.
       Sec. 8028. (a) Of the funds for the procurement of supplies 
     or services appropriated by this Act, qualified nonprofit 
     agencies for the blind or other severely handicapped shall be 
     afforded the maximum practicable opportunity to participate 
     as subcontractors and suppliers in the performance of 
     contracts let by the Department of Defense.
       (b) During the current fiscal year, a business concern 
     which has negotiated with a military service or defense 
     agency a subcontracting plan for the participation by small 
     business concerns pursuant to section 8(d) of the Small 
     Business Act (15 U.S.C. 637(d)) shall be given credit toward 
     meeting that subcontracting goal for any purchases made from 
     qualified nonprofit agencies for the blind or other severely 
     handicapped.
       (c) For the purpose of this section, the phrase ``qualified 
     nonprofit agency for the blind or other severely 
     handicapped'' means a nonprofit agency for the blind or other 
     severely handicapped that has been approved by the Committee 
     for the Purchase from the Blind and Other Severely 
     Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 46-
     48).
       Sec. 8029. During the current fiscal year, net receipts 
     pursuant to collections from third party payers pursuant to 
     section 1095 of title 10, United States Code, shall be made 
     available to the local facility of the uniformed services 
     responsible for the collections and shall be over and above 
     the facility's direct budget amount.
       Sec. 8030. During the current fiscal year, the Department 
     of Defense is authorized to incur obligations of not to 
     exceed $350,000,000 for purposes specified in section 
     2350j(c) of title 10, United States Code, in anticipation of 
     receipt of contributions, only from the Government of Kuwait, 
     under that section: Provided, That upon receipt, such 
     contributions from the Government of Kuwait shall be credited 
     to the appropriations or fund which incurred such 
     obligations.
       Sec. 8031. Of the funds made available in this Act, not 
     less than $21,417,000 shall be available for the Civil Air 
     Patrol Corporation, of which $19,417,000 shall be available 
     for Civil Air Patrol Corporation operation and maintenance to 
     support readiness activities which includes $2,000,000 for 
     the Civil Air Patrol counterdrug program: Provided, That 
     funds identified for ``Civil Air Patrol'' under this section 
     are intended for and shall be for the exclusive use of the 
     Civil Air Patrol Corporation and not for the Air Force or any 
     unit thereof.
       Sec. 8032. (a) None of the funds appropriated in this Act 
     are available to establish a new Department of Defense 
     (department) federally funded research and development center 
     (FFRDC), either as a new entity, or as a separate entity 
     administrated by an organization managing another FFRDC, or 
     as a nonprofit membership corporation consisting of a 
     consortium of other FFRDCs and other non-profit entities.
       (b) No member of a Board of Directors, Trustees, Overseers, 
     Advisory Group, Special Issues Panel, Visiting Committee, or 
     any similar entity of a defense FFRDC, and no paid consultant 
     to any defense FFRDC, except when acting in a technical 
     advisory capacity, may be compensated for his or her services 
     as a member of such entity, or as a paid consultant by more 
     than one FFRDC in a fiscal year: Provided, That a member of 
     any such entity referred to previously in this subsection 
     shall be allowed travel expenses and per diem as authorized 
     under the Federal Joint Travel Regulations, when engaged in 
     the performance of membership duties.
       (c) Notwithstanding any other provision of law, none of the 
     funds available to the department from any source during 
     fiscal year 2002 may be used by a defense FFRDC, through a 
     fee or other payment mechanism, for construction of new 
     buildings, for payment of cost sharing for projects funded by 
     Government grants, for absorption of contract overruns, or 
     for certain charitable contributions, not to include employee 
     participation in community service and/or development.
       (d) Notwithstanding any other provision of law, of the 
     funds available to the department during fiscal year 2002, 
     not more than 6,477 staff years of technical effort (staff 
     years) may be funded for defense FFRDCs: Provided, That of 
     the specific amount referred to previously in this 
     subsection, not more than 1,029 staff years may be funded for 
     the defense studies and analysis FFRDCs.
       (e) The Secretary of Defense shall, with the submission of 
     the department's fiscal year 2003 budget request, submit a 
     report presenting the specific amounts of staff years of 
     technical effort to be allocated for each defense FFRDC 
     during that fiscal year.
       Sec. 8033. None of the funds appropriated or made available 
     in this Act shall be used to procure carbon, alloy or armor 
     steel plate for use in any Government-owned facility or 
     property under the control of the Department of Defense which 
     were not melted and rolled in the United States or Canada: 
     Provided, That these procurement restrictions shall apply to 
     any and all Federal Supply Class 9515, American Society of 
     Testing and Materials (ASTM) or American Iron and Steel 
     Institute (AISI) specifications of carbon, alloy or armor 
     steel plate: Provided further, That the Secretary of the 
     military department responsible for the procurement may waive 
     this restriction on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes: Provided further, That these restrictions 
     shall not apply to contracts which are in being as of the 
     date of the enactment of this Act.
       Sec. 8034. For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.
       Sec. 8035. During the current fiscal year, the Department 
     of Defense may acquire the modification, depot maintenance 
     and repair of aircraft, vehicles and vessels as well as the 
     production of components and other Defense-related articles, 
     through competition between Department of Defense depot 
     maintenance activities and private firms: Provided, That the 
     Senior Acquisition Executive of the military department or 
     defense agency concerned, with power of delegation, shall 
     certify that successful bids include comparable estimates of 
     all direct and indirect costs for both public and private 
     bids: Provided further, That Office of Management and Budget 
     Circular A-76 shall not apply to competitions conducted under 
     this section.
       Sec. 8036. (a)(1) If the Secretary of Defense, after 
     consultation with the United States Trade Representative, 
     determines that a foreign country which is party to an 
     agreement described in paragraph (2) has violated the terms 
     of the agreement by discriminating against certain types of 
     products produced in the United States that are covered by 
     the agreement, the Secretary of Defense shall rescind the 
     Secretary's blanket waiver of the Buy American Act with 
     respect to such types of products produced in that foreign 
     country.
       (2) An agreement referred to in paragraph (1) is any 
     reciprocal defense procurement memorandum of understanding, 
     between the United States and a foreign country pursuant to 
     which the Secretary of Defense has prospectively waived the 
     Buy American Act for certain products in that country.
       (b) The Secretary of Defense shall submit to the Congress a 
     report on the amount of Department of Defense purchases from 
     foreign entities in fiscal year 2002. Such report shall 
     separately indicate the dollar value of items for which the 
     Buy American Act was waived pursuant to any agreement 
     described in subsection (a)(2), the Trade Agreement Act of 
     1979 (19 U.S.C. 2501 et seq.), or any international agreement 
     to which the United States is a party.
       (c) For purposes of this section, the term ``Buy American 
     Act'' means title III of the Act entitled ``An Act making 
     appropriations

[[Page 23189]]

     for the Treasury and Post Office Departments for the fiscal 
     year ending June 30, 1934, and for other purposes'', approved 
     March 3, 1933 (41 U.S.C. 10a et seq.).
       Sec. 8037. Appropriations contained in this Act that remain 
     available at the end of the current fiscal year as a result 
     of energy cost savings realized by the Department of Defense 
     shall remain available for obligation for the next fiscal 
     year to the extent, and for the purposes, provided in section 
     2865 of title 10, United States Code.

                     (including transfer of funds)

       Sec. 8038. Amounts deposited during the current fiscal year 
     to the special account established under 40 U.S.C. 485(h)(2) 
     and to the special account established under 10 U.S.C. 
     2667(d)(1) are appropriated and shall be available until 
     transferred by the Secretary of Defense to current applicable 
     appropriations or funds of the Department of Defense under 
     the terms and conditions specified by 40 U.S.C. 485(h)(2)(A) 
     and (B) and 10 U.S.C. 2667(d)(1)(B), to be merged with and to 
     be available for the same time period and the same purposes 
     as the appropriation to which transferred.
       Sec. 8039. The President shall include with each budget for 
     a fiscal year submitted to the Congress under section 1105 of 
     title 31, United States Code, materials that shall identify 
     clearly and separately the amounts requested in the budget 
     for appropriation for that fiscal year for salaries and 
     expenses related to administrative activities of the 
     Department of Defense, the military departments, and the 
     defense agencies.
       Sec. 8040. Notwithstanding any other provision of law, 
     funds available for ``Drug Interdiction and Counter-Drug 
     Activities, Defense'' may be obligated for the Young Marines 
     program.

                     (including transfer of funds)

       Sec. 8041. During the current fiscal year, amounts 
     contained in the Department of Defense Overseas Military 
     Facility Investment Recovery Account established by section 
     2921(c)(1) of the National Defense Authorization Act of 1991 
     (Public Law 101-510; 10 U.S.C. 2687 note) shall be available 
     until expended for the payments specified by section 
     2921(c)(2) of that Act: Provided, That none of the funds made 
     available for expenditure under this section may be 
     transferred or obligated until 30 days after the Secretary of 
     Defense submits a report which details the balance available 
     in the Overseas Military Facility Investment Recovery 
     Account, all projected income into the account during fiscal 
     years 2002 and 2003, and the specific expenditures to be made 
     using funds transferred from this account during fiscal year 
     2002.
       Sec. 8042. Of the funds appropriated or otherwise made 
     available by this Act, not more than $119,200,000 shall be 
     available for payment of the operating costs of NATO 
     Headquarters: Provided, That the Secretary of Defense may 
     waive this section for Department of Defense support provided 
     to NATO forces in and around the former Yugoslavia.
       Sec. 8043. During the current fiscal year, appropriations 
     which are available to the Department of Defense for 
     operation and maintenance may be used to purchase items 
     having an investment item unit cost of not more than 
     $100,000: Provided, That the $100,000 limitation shall not 
     apply to amounts appropriated in this Act under the heading 
     ``Operation and Maintenance, Defense-Wide'' for expenses 
     related to certain classified activities.
       Sec. 8044. (a) During the current fiscal year, none of the 
     appropriations or funds available to the Department of 
     Defense Working Capital Funds shall be used for the purchase 
     of an investment item for the purpose of acquiring a new 
     inventory item for sale or anticipated sale during the 
     current fiscal year or a subsequent fiscal year to customers 
     of the Department of Defense Working Capital Funds if such an 
     item would not have been chargeable to the Department of 
     Defense Business Operations Fund during fiscal year 1994 and 
     if the purchase of such an investment item would be 
     chargeable during the current fiscal year to appropriations 
     made to the Department of Defense for procurement.
       (b) The fiscal year 2003 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2003 Department of 
     Defense budget shall be prepared and submitted to the 
     Congress on the basis that any equipment which was classified 
     as an end item and funded in a procurement appropriation 
     contained in this Act shall be budgeted for in a proposed 
     fiscal year 2003 procurement appropriation and not in the 
     supply management business area or any other area or category 
     of the Department of Defense Working Capital Funds.
       Sec. 8045. None of the funds appropriated by this Act for 
     programs of the Central Intelligence Agency shall remain 
     available for obligation beyond the current fiscal year, 
     except for funds appropriated for the Reserve for 
     Contingencies, which shall remain available until September 
     30, 2003: Provided, That funds appropriated, transferred, or 
     otherwise credited to the Central Intelligence Agency Central 
     Services Working Capital Fund during this or any prior or 
     subsequent fiscal year shall remain available until expended: 
     Provided further, That any funds appropriated or transferred 
     to the Central Intelligence Agency for agent operations 
     (regional operations), and for 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. 8046. Notwithstanding any other provision of law, 
     funds made available in this Act for the Defense Intelligence 
     Agency may be used for the design, development, and 
     deployment of General Defense Intelligence Program 
     intelligence communications and intelligence information 
     systems for the Services, the Unified and Specified Commands, 
     and the component commands.
       Sec. 8047. Of the funds appropriated to the Department of 
     Defense under the heading ``Operation and Maintenance, 
     Defense-Wide'', not less than $10,000,000 shall be made 
     available only for the mitigation of environmental impacts, 
     including training and technical assistance to tribes, 
     related administrative support, the gathering of information, 
     documenting of environmental damage, and developing a system 
     for prioritization of mitigation and cost to complete 
     estimates for mitigation, on Indian lands resulting from 
     Department of Defense activities.
       Sec. 8048. Amounts collected for the use of the facilities 
     of the National Science Center for Communications and 
     Electronics during the current fiscal year pursuant to 
     section 1459(g) of the Department of Defense Authorization 
     Act, 1986, and deposited to the special account established 
     under subsection 1459(g)(2) of that Act are appropriated and 
     shall be available until expended for the operation and 
     maintenance of the Center as provided for in subsection 
     1459(g)(2).
       Sec. 8049. None of the funds appropriated in this Act may 
     be used to fill the commander's position at any military 
     medical facility with a health care professional unless the 
     prospective candidate can demonstrate professional 
     administrative skills.
       Sec. 8050. (a) None of the funds appropriated in this Act 
     may be expended by an entity of the Department of Defense 
     unless the entity, in expending the funds, complies with the 
     Buy American Act. For purposes of this subsection, the term 
     ``Buy American Act'' means title III of the Act entitled ``An 
     Act making appropriations for the Treasury and Post Office 
     Departments for the fiscal year ending June 30, 1934, and for 
     other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
     seq.).
       (b) If the Secretary of Defense determines that a person 
     has been convicted of intentionally affixing a label bearing 
     a ``Made in America'' inscription to any product sold in or 
     shipped to the United States that is not made in America, the 
     Secretary shall determine, in accordance with section 2410f 
     of title 10, United States Code, whether the person should be 
     debarred from contracting with the Department of Defense.
       (c) In the case of any equipment or products purchased with 
     appropriations provided under this Act, it is the sense of 
     the Congress that any entity of the Department of Defense, in 
     expending the appropriation, purchase only American-made 
     equipment and products, provided that American-made equipment 
     and products are cost-competitive, quality-competitive, and 
     available in a timely fashion.
       Sec. 8051. None of the funds appropriated by this Act shall 
     be available for a contract for studies, analysis, or 
     consulting services entered into without competition on the 
     basis of an unsolicited proposal unless the head of the 
     activity responsible for the procurement determines--
       (1) as a result of thorough technical evaluation, only one 
     source is found fully qualified to perform the proposed work;
       (2) the purpose of the contract is to explore an 
     unsolicited proposal which offers significant scientific or 
     technological promise, represents the product of original 
     thinking, and was submitted in confidence by one source; or
       (3) the purpose of the contract is to take advantage of 
     unique and significant industrial accomplishment by a 
     specific concern, or to insure that a new product or idea of 
     a specific concern is given financial support:

     Provided, That this limitation shall not apply to contracts 
     in an amount of less than $25,000, contracts related to 
     improvements of equipment that is in development or 
     production, or contracts as to which a civilian official of 
     the Department of Defense, who has been confirmed by the 
     Senate, determines that the award of such contract is in the 
     interest of the national defense.
       Sec. 8052. (a) Except as provided in subsections (b) and 
     (c), none of the funds made available by this Act may be 
     used--
       (1) to establish a field operating agency; or
       (2) to pay the basic pay of a member of the Armed Forces or 
     civilian employee of the department who is transferred or 
     reassigned from a headquarters activity if the member or 
     employee's place of duty remains at the location of that 
     headquarters.
       (b) The Secretary of Defense or Secretary of a military 
     department may waive the limitations in subsection (a), on a 
     case-by-case basis, if the Secretary determines, and 
     certifies to the Committees on Appropriations of the House of 
     Representatives and Senate that the granting of the waiver 
     will reduce the personnel requirements or the financial 
     requirements of the department.

[[Page 23190]]

       (c) This section does not apply to field operating agencies 
     funded within the National Foreign Intelligence Program.
       Sec. 8053. 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) during fiscal 
     year 2002 until the enactment of the Intelligence 
     Authorization Act for Fiscal Year 2002.
       Sec. 8054. Notwithstanding section 303 of Public Law 96-487 
     or any other provision of law, the Secretary of the Navy is 
     authorized to lease real and personal property at Naval Air 
     Facility, Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for 
     commercial, industrial or other purposes: Provided, That 
     notwithstanding any other provision of law, the Secretary of 
     the Navy may remove hazardous materials from facilities, 
     buildings, and structures at Adak, Alaska, and may demolish 
     or otherwise dispose of such facilities, buildings, and 
     structures.


                             (rescissions)

       Sec. 8055. Of the funds provided in Department of Defense 
     Appropriations Acts, the following funds are hereby rescinded 
     from the following accounts and programs in the specified 
     amounts:
       ``Former Soviet Union Threat Reduction, 2000/2002'', 
     $32,000,000;
       ``Other Procurement, Navy, 2000/2002'', $16,300,000;
       ``Aircraft Procurement, Air Force, 2000/2002'', $8,500,000;
       ``Other Procurement, Air Force, 2000/2002'', $20,000,000;
       ``Former Soviet Union Threat Reduction, 2001/2003'', 
     $32,000,000;
       ``Aircraft Procurement, Army, 2001/2003'', $22,000,000;
       ``Procurement of Ammunition, Army, 2001/2003'', 
     $27,400,000;
       ``Other Procurement, Army, 2001/2003'', $28,745,000;
       ``Aircraft Procurement, Navy, 2001/2003'', $8,600,000;
       ``Weapons Procurement, Navy, 2001/2003'', $35,000,000;
       ``Other Procurement, Navy, 2001/2003'', $14,600,000;
       ``Procurement, Marine Corps, 2001/2003'', $1,000,000;
       ``Aircraft Procurement, Air Force, 2001/2003'', 
     $19,300,000;
       ``Procurement of Ammunition, Air Force, 2001/2003'', 
     $5,800,000;
       ``Other Procurement, Air Force, 2001/2003'', $16,800,000;
       ``Research, Development, Test and Evaluation, Army, 2001/
     2002'', $16,300,000;
       ``Research, Development, Test and Evaluation, Navy, 2001/
     2002'', $58,800,000;
       ``Research, Development, Test and Evaluation, Air Force, 
     2001/2002'', $74,433,000; and
       ``Defense Health Program, 2001/2002'', $4,000,000.
       Sec. 8056. None of the funds available in this Act may be 
     used to reduce the authorized positions for military 
     (civilian) technicians of the Army National Guard, the Air 
     National Guard, Army Reserve and Air Force Reserve for the 
     purpose of applying any administratively imposed civilian 
     personnel ceiling, freeze, or reduction on military 
     (civilian) technicians, unless such reductions are a direct 
     result of a reduction in military force structure.
       Sec. 8057. None of the funds appropriated or otherwise made 
     available in this Act may be obligated or expended for 
     assistance to the Democratic People's Republic of North Korea 
     unless specifically appropriated for that purpose.
       Sec. 8058. During the current fiscal year, funds 
     appropriated in this Act are available to compensate members 
     of the National Guard for duty performed pursuant to a plan 
     submitted by a Governor of a State and approved by the 
     Secretary of Defense under section 112 of title 32, United 
     States Code: Provided, That during the performance of such 
     duty, the members of the National Guard shall be under State 
     command and control: Provided further, That such duty shall 
     be treated as full-time National Guard duty for purposes of 
     sections 12602(a)(2) and (b)(2) of title 10, United States 
     Code.
       Sec. 8059. Funds appropriated in this Act for operation and 
     maintenance of the Military Departments, Combatant Commands 
     and Defense Agencies shall be available for reimbursement of 
     pay, allowances and other expenses which would otherwise be 
     incurred against appropriations for the National Guard and 
     Reserve when members of the National Guard and Reserve 
     provide intelligence or counterintelligence support to 
     Combatant Commands, Defense Agencies and Joint Intelligence 
     Activities, including the activities and programs included 
     within the National Foreign Intelligence Program (NFIP), the 
     Joint Military Intelligence Program (JMIP), and the Tactical 
     Intelligence and Related Activities (TIARA) aggregate: 
     Provided, That nothing in this section authorizes deviation 
     from established Reserve and National Guard personnel and 
     training procedures.
       Sec. 8060. During the current fiscal year, none of the 
     funds appropriated in this Act may be used to reduce the 
     civilian medical and medical support personnel assigned to 
     military treatment facilities below the September 30, 2001 
     level: Provided, That the Service Surgeons General may waive 
     this section by certifying to the congressional defense 
     committees that the beneficiary population is declining in 
     some catchment areas and civilian strength reductions may be 
     consistent with responsible resource stewardship and 
     capitation-based budgeting.
       Sec. 8061. (a) Limitation on Pentagon Renovation Costs.--
     Not later than the date each year on which the President 
     submits to Congress the budget under section 1105 of title 
     31, United States Code, the Secretary of Defense shall submit 
     to Congress a certification that the total cost for the 
     planning, design, construction, and installation of equipment 
     for the renovation of wedges 2 through 5 of the Pentagon 
     Reservation, cumulatively, will not exceed four times the 
     total cost for the planning, design, construction, and 
     installation of equipment for the renovation of wedge 1.
       (b) Annual Adjustment.--For purposes of applying the 
     limitation in subsection (a), the Secretary shall adjust the 
     cost for the renovation of wedge 1 by any increase or 
     decrease in costs attributable to economic inflation, based 
     on the most recent economic assumptions issued by the Office 
     of Management and Budget for use in preparation of the budget 
     of the United States under section 1104 of title 31, United 
     States Code.
       (c) Exclusion of Certain Costs.--For purposes of 
     calculating the limitation in subsection (a), the total cost 
     for wedges 2 through 5 shall not include--
       (1) any repair or reconstruction cost incurred as a result 
     of the terrorist attack on the Pentagon that occurred on 
     September 11, 2001;
       (2) any increase in costs for wedges 2 through 5 
     attributable to compliance with new requirements of Federal, 
     State, or local laws; and
       (3) any increase in costs attributable to additional 
     security requirements that the Secretary of Defense considers 
     essential to provide a safe and secure working environment.
       (d) Certification Cost Reports.--As part of the annual 
     certification under subsection (a), the Secretary shall 
     report the projected cost (as of the time of the 
     certification) for--
       (1) the renovation of each wedge, including the amount 
     adjusted or otherwise excluded for such wedge under the 
     authority of paragraphs (2) and (3) of subsection (c) for the 
     period covered by the certification; and
       (2) the repair and reconstruction of wedges 1 and 2 in 
     response to the terrorist attack on the Pentagon that 
     occurred on September 11, 2001.
       (e) Duration of Certification Requirement.--The requirement 
     to make an annual certification under subsection (a) shall 
     apply until the Secretary certifies to Congress that the 
     renovation of the Pentagon Reservation is completed.
       Sec. 8062. (a) None of the funds available to the 
     Department of Defense for any fiscal year for drug 
     interdiction or counter-drug activities may be transferred to 
     any other department or agency of the United States except as 
     specifically provided in an appropriations law.
       (b) None of the funds available to the Central Intelligence 
     Agency for any fiscal year for drug interdiction and counter-
     drug activities may be transferred to any other department or 
     agency of the United States except as specifically provided 
     in an appropriations law.

                          (transfer of funds)

       Sec. 8063. Appropriations available in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'' for 
     increasing energy and water efficiency in Federal buildings 
     may, during their period of availability, be transferred to 
     other appropriations or funds of the Department of Defense 
     for projects related to increasing energy and water 
     efficiency, to be merged with and to be available for the 
     same general purposes, and for the same time period, as the 
     appropriation or fund to which transferred.
       Sec. 8064. None of the funds appropriated by this Act may 
     be used for the procurement of ball and roller bearings other 
     than those produced by a domestic source and of domestic 
     origin: Provided, That the Secretary of the military 
     department responsible for such procurement may waive this 
     restriction on a case-by-case basis by certifying in writing 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate, that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes: Provided further, That this restriction 
     shall not apply to the purchase of ``commercial items'', as 
     defined by section 4(12) of the Office of Federal Procurement 
     Policy Act, except that the restriction shall apply to ball 
     or roller bearings purchased as end items.
       Sec. 8065. Notwithstanding any other provision of law, 
     funds available to the Department of Defense shall be made 
     available to provide transportation of medical supplies and 
     equipment, on a nonreimbursable basis, to American Samoa, and 
     funds available to the Department of Defense shall be made 
     available to provide transportation of medical supplies and 
     equipment, on a nonreimbursable basis, to the Indian Health

[[Page 23191]]

     Service when it is in conjunction with a civil-military 
     project.
       Sec. 8066. None of the funds in this Act may be used to 
     purchase any supercomputer which is not manufactured in the 
     United States, unless the Secretary of Defense certifies to 
     the congressional defense committees that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes that is not available from United States 
     manufacturers.
       Sec. 8067. Notwithstanding any other provision of law, the 
     Naval shipyards of the United States shall be eligible to 
     participate in any manufacturing extension program financed 
     by funds appropriated in this or any other Act.
       Sec. 8068. Notwithstanding any other provision of law, each 
     contract awarded by the Department of Defense during the 
     current fiscal year for construction or service performed in 
     whole or in part in a State (as defined in section 381(d) of 
     title 10, United States Code) which is not contiguous with 
     another State and has an unemployment rate in excess of the 
     national average rate of unemployment as determined by the 
     Secretary of Labor, shall include a provision requiring the 
     contractor to employ, for the purpose of performing that 
     portion of the contract in such State that is not contiguous 
     with another State, individuals who are residents of such 
     State and who, in the case of any craft or trade, possess or 
     would be able to acquire promptly the necessary skills: 
     Provided, That the Secretary of Defense may waive the 
     requirements of this section, on a case-by-case basis, in the 
     interest of national security.
       Sec. 8069. None of the funds made available in this or any 
     other Act may be used to pay the salary of any officer or 
     employee of the Department of Defense who approves or 
     implements the transfer of administrative responsibilities or 
     budgetary resources of any program, project, or activity 
     financed by this Act to the jurisdiction of another Federal 
     agency not financed by this Act without the express 
     authorization of Congress: Provided, That this limitation 
     shall not apply to transfers of funds expressly provided for 
     in Defense Appropriations Acts, or provisions of Acts 
     providing supplemental appropriations for the Department of 
     Defense.
       Sec. 8070. (a) Limitation on Transfer of Defense Articles 
     and Services.--Notwithstanding any other provision of law, 
     none of the funds available to the Department of Defense for 
     the current fiscal year may be obligated or expended to 
     transfer to another nation or an international organization 
     any defense articles or services (other than intelligence 
     services) for use in the activities described in subsection 
     (b) unless the congressional defense committees, the 
     Committee on International Relations of the House of 
     Representatives, and the Committee on Foreign Relations of 
     the Senate are notified 15 days in advance of such transfer.
       (b) Covered Activities.--This section applies to--
       (1) any international peacekeeping or peace-enforcement 
     operation under the authority of chapter VI or chapter VII of 
     the United Nations Charter under the authority of a United 
     Nations Security Council resolution; and
       (2) any other international peacekeeping, peace-
     enforcement, or humanitarian assistance operation.
       (c) Required Notice.--A notice under subsection (a) shall 
     include the following:
       (1) A description of the equipment, supplies, or services 
     to be transferred.
       (2) A statement of the value of the equipment, supplies, or 
     services to be transferred.
       (3) In the case of a proposed transfer of equipment or 
     supplies--
       (A) a statement of whether the inventory requirements of 
     all elements of the Armed Forces (including the reserve 
     components) for the type of equipment or supplies to be 
     transferred have been met; and
       (B) a statement of whether the items proposed to be 
     transferred will have to be replaced and, if so, how the 
     President proposes to provide funds for such replacement.
       (d) National Emergency of September 11, 2001.--The 15-day 
     prior notification period cited in subsection (a) shall not 
     apply to any covered activity, operation or operations 
     initiated as a result of the national emergency proclaimed by 
     the President as a result of the terrorist attacks of 
     September 11, 2001. For fiscal year 2002, the Department of 
     Defense shall provide quarterly reports, in both unclassified 
     and classified form, to the congressional defense committees, 
     the Committee on International Relations of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate, of any transfers during the preceding quarter 
     resulting from any covered activities, operation or 
     operations exempted from the 15-day prior notification period 
     by this subsection.
       Sec. 8071. To the extent authorized by subchapter VI of 
     chapter 148 of title 10, United States Code, the Secretary of 
     Defense may issue loan guarantees in support of United States 
     defense exports not otherwise provided for: Provided, That 
     the total contingent liability of the United States for 
     guarantees issued under the authority of this section may not 
     exceed $15,000,000,000: Provided further, That the exposure 
     fees charged and collected by the Secretary for each 
     guarantee shall be paid by the country involved and may be 
     financed as part of a loan guaranteed by the United States, 
     provided that the exposure fee with respect to such loan 
     guarantee be fixed in an amount that is sufficient to meet 
     the potential liabilities of the United States under the loan 
     guarantee: Provided further, That the Secretary shall provide 
     quarterly reports to the Committees on Appropriations, Armed 
     Services, and Foreign Relations of the Senate and the 
     Committees on Appropriations, Armed Services, and 
     International Relations in the House of Representatives on 
     the implementation of this program: Provided further, That 
     amounts charged for administrative fees and deposited to the 
     special account provided for under section 2540c(d) of title 
     10, shall be available for paying the costs of administrative 
     expenses of the Department of Defense that are attributable 
     to the loan guarantee program under subchapter VI of chapter 
     148 of title 10, United States Code.
       Sec. 8072. None of the funds available to the Department of 
     Defense under this Act shall be obligated or expended to pay 
     a contractor under a contract with the Department of Defense 
     for costs of any amount paid by the contractor to an employee 
     when--
       (1) such costs are for a bonus or otherwise in excess of 
     the normal salary paid by the contractor to the employee; and
       (2) such bonus is part of restructuring costs associated 
     with a business combination.
       Sec. 8073. (a) None of the funds appropriated or otherwise 
     made available in this Act may be used to transport or 
     provide for the transportation of chemical munitions or 
     agents to the Johnston Atoll for the purpose of storing or 
     demilitarizing such munitions or agents.
       (b) The prohibition in subsection (a) shall not apply to 
     any obsolete World War II chemical munition or agent of the 
     United States found in the World War II Pacific Theater of 
     Operations.
       (c) The President may suspend the application of subsection 
     (a) during a period of war in which the United States is a 
     party.
       Sec. 8074. None of the funds provided in title IX of this 
     Act for ``Former Soviet Union Threat Reduction'' may be 
     obligated or expended to finance housing for any individual 
     who was a member of the military forces of the Soviet Union 
     or for any individual who is or was a member of the military 
     forces of the Russian Federation.

                     (including transfer of funds)

       Sec. 8075. During the current fiscal year, no more than 
     $30,000,000 of appropriations made in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'' may be 
     transferred to appropriations available for the pay of 
     military personnel, to be merged with, and to be available 
     for the same time period as the appropriations to which 
     transferred, to be used in support of such personnel in 
     connection with support and services for eligible 
     organizations and activities outside the Department of 
     Defense pursuant to section 2012 of title 10, United States 
     Code.
       Sec. 8076. For purposes of section 1553(b) of title 31, 
     United States Code, any subdivision of appropriations made in 
     this Act under the heading ``Shipbuilding and Conversion, 
     Navy'' shall be considered to be for the same purpose as any 
     subdivision under the heading ``Shipbuilding and Conversion, 
     Navy'' appropriations in any prior year, and the 1 percent 
     limitation shall apply to the total amount of the 
     appropriation.
       Sec. 8077. During the current fiscal year, in the case of 
     an appropriation account of the Department of Defense for 
     which the period of availability for obligation has expired 
     or which has closed under the provisions of section 1552 of 
     title 31, United States Code, and which has a negative 
     unliquidated or unexpended balance, an obligation or an 
     adjustment of an obligation may be charged to any current 
     appropriation account for the same purpose as the expired or 
     closed account if--
       (1) the obligation would have been properly chargeable 
     (except as to amount) to the expired or closed account before 
     the end of the period of availability or closing of that 
     account;
       (2) the obligation is not otherwise properly chargeable to 
     any current appropriation account of the Department of 
     Defense; and
       (3) in the case of an expired account, the obligation is 
     not chargeable to a current appropriation of the Department 
     of Defense under the provisions of section 1405(b)(8) of the 
     National Defense Authorization Act for Fiscal Year 1991, 
     Public Law 101-510, as amended (31 U.S.C. 1551 note): 
     Provided, That in the case of an expired account, if 
     subsequent review or investigation discloses that there was 
     not in fact a negative unliquidated or unexpended balance in 
     the account, any charge to a current account under the 
     authority of this section shall be reversed and recorded 
     against the expired account: Provided further, That the total 
     amount charged to a current appropriation under this section 
     may not exceed an amount equal to 1 percent of the total 
     appropriation for that account.
       Sec. 8078. Funds appropriated in title II of this Act and 
     for the Defense Health Program in title VI of this Act for 
     supervision and administration costs for facilities 
     maintenance and repair, minor construction, or design

[[Page 23192]]

     projects may be obligated at the time the reimbursable order 
     is accepted by the performing activity: Provided, That for 
     the purpose of this section, supervision and administration 
     costs includes all in-house Government cost.
       Sec. 8079. During the current fiscal year, the Secretary of 
     Defense may waive reimbursement of the cost of conferences, 
     seminars, courses of instruction, or similar educational 
     activities of the Asia-Pacific Center for Security Studies 
     for military officers and civilian officials of foreign 
     nations if the Secretary determines that attendance by such 
     personnel, without reimbursement, is in the national security 
     interest of the United States: Provided, That costs for which 
     reimbursement is waived pursuant to this section shall be 
     paid from appropriations available for the Asia-Pacific 
     Center.
       Sec. 8080. (a) Notwithstanding any other provision of law, 
     the Chief of the National Guard Bureau may permit the use of 
     equipment of the National Guard Distance Learning Project by 
     any person or entity on a space-available, reimbursable 
     basis. The Chief of the National Guard Bureau shall establish 
     the amount of reimbursement for such use on a case-by-case 
     basis.
       (b) Amounts collected under subsection (a) shall be 
     credited to funds available for the National Guard Distance 
     Learning Project and be available to defray the costs 
     associated with the use of equipment of the project under 
     that subsection. Such funds shall be available for such 
     purposes without fiscal year limitation.
       Sec. 8081. Using funds available by this Act or any other 
     Act, the Secretary of the Air Force, pursuant to a 
     determination under section 2690 of title 10, United States 
     Code, may implement cost-effective agreements for required 
     heating facility modernization in the Kaiserslautern Military 
     Community in the Federal Republic of Germany: Provided, That 
     in the City of Kaiserslautern such agreements will include 
     the use of United States anthracite as the base load energy 
     for municipal district heat to the United States Defense 
     installations: Provided further, That at Landstuhl Army 
     Regional Medical Center and Ramstein Air Base, furnished heat 
     may be obtained from private, regional or municipal services, 
     if provisions are included for the consideration of United 
     States coal as an energy source.
       Sec. 8082. Notwithstanding 31 U.S.C. 3902, during the 
     current fiscal year, interest penalties may be paid by the 
     Department of Defense from funds financing the operation of 
     the military department or defense agency with which the 
     invoice or contract payment is associated.
       Sec. 8083. None of the funds appropriated in title IV of 
     this Act may be used to procure end-items for delivery to 
     military forces for operational training, operational use or 
     inventory requirements: Provided, That this restriction does 
     not apply to end-items used in development, prototyping, and 
     test activities preceding and leading to acceptance for 
     operational use: Provided further, That this restriction does 
     not apply to programs funded within the National Foreign 
     Intelligence Program: Provided further, That the Secretary of 
     Defense may waive this restriction on a case-by-case basis by 
     certifying in writing to the Committees on Appropriations of 
     the House of Representatives and the Senate that it is in the 
     national security interest to do so.
       Sec. 8084. The amount appropriated in this Act for 
     ``Operation and Maintenance, Navy'', is hereby reduced by 
     $245,000,000 to reflect a Navy Working Capital Fund cash 
     balance and rate stabilization adjustment.
       Sec. 8085. Notwithstanding any other provision in this Act, 
     the total amount appropriated in this Act is hereby reduced 
     by $527,000,000, to reflect working capital fund fuel price 
     re-estimates and rate stabilization adjustments, to be 
     derived as follows:
       ``Operation and Maintenance, Army'', $35,000,000;
       ``Operation and Maintenance, Navy'', $230,000,000;
       ``Operation and Maintenance, Marine Corps'', $6,000,000;
       ``Operation and Maintenance, Air Force'', $247,000,000; and
       ``Operation and Maintenance, Defense-Wide'', $9,000,000.
       Sec. 8086. None of the funds made available in this Act may 
     be used to approve or license the sale of the F-22 advanced 
     tactical fighter to any foreign government.
       Sec. 8087. (a) The Secretary of Defense may, on a case-by-
     case basis, waive with respect to a foreign country each 
     limitation on the procurement of defense items from foreign 
     sources provided in law if the Secretary determines that the 
     application of the limitation with respect to that country 
     would invalidate cooperative programs entered into between 
     the Department of Defense and the foreign country, or would 
     invalidate reciprocal trade agreements for the procurement of 
     defense items entered into under section 2531 of title 10, 
     United States Code, and the country does not discriminate 
     against the same or similar defense items produced in the 
     United States for that country.
       (b) Subsection (a) applies with respect to--
       (1) contracts and subcontracts entered into on or after the 
     date of the enactment of this Act; and
       (2) options for the procurement of items that are exercised 
     after such date under contracts that are entered into before 
     such date if the option prices are adjusted for any reason 
     other than the application of a waiver granted under 
     subsection (a).
       (c) Subsection (a) does not apply to a limitation regarding 
     construction of public vessels, ball and roller bearings, 
     food, and clothing or textile materials as defined by section 
     11 (chapters 50-65) of the Harmonized Tariff Schedule and 
     products classified under headings 4010, 4202, 4203, 6401 
     through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 
     7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 
     8215, and 9404.
       Sec. 8088. Funds made available to the Civil Air Patrol in 
     this Act under the heading ``Drug Interdiction and Counter-
     Drug Activities, Defense'' may be used for the Civil Air 
     Patrol Corporation's counterdrug program, including its 
     demand reduction program involving youth programs, as well as 
     operational and training drug reconnaissance missions for 
     Federal, State, and local government agencies; for 
     administrative costs, including the hiring of Civil Air 
     Patrol Corporation employees; for travel and per diem 
     expenses of Civil Air Patrol Corporation personnel in support 
     of those missions; and for equipment needed for mission 
     support or performance: Provided, That the Department of the 
     Air Force should waive reimbursement from the Federal, State, 
     and local government agencies for the use of these funds.
       Sec. 8089. Notwithstanding any other provision of law, the 
     TRICARE managed care support contracts in effect, or in final 
     stages of acquisition as of September 30, 2000, may be 
     extended for 2 years: Provided, That any such extension may 
     only take place if the Secretary of Defense determines that 
     it is in the best interest of the Government: Provided 
     further, That any contract extension shall be based on the 
     price in the final best and final offer for the last year of 
     the existing contract as adjusted for inflation and other 
     factors mutually agreed to by the contractor and the 
     Government: Provided further, That notwithstanding any other 
     provision of law, all future TRICARE managed care support 
     contracts replacing contracts in effect, or in the final 
     stages of acquisition as of September 30, 2001, may include a 
     base contract period for transition and up to seven 1-year 
     option periods.
       Sec. 8090. None of the funds in this Act may be used to 
     compensate an employee of the Department of Defense who 
     initiates a new start program without notification to the 
     Office of the Secretary of Defense, the Office of Management 
     and Budget, and the congressional defense committees, as 
     required by Department of Defense financial management 
     regulations.
       Sec. 8091. (a) Prohibition.--None of the funds made 
     available by this Act may be used to support any training 
     program involving a unit of the security forces of a foreign 
     country if the Secretary of Defense has received credible 
     information from the Department of State that the unit has 
     committed a gross violation of human rights, unless all 
     necessary corrective steps have been taken.
       (b) Monitoring.--The Secretary of Defense, in consultation 
     with the Secretary of State, shall ensure that prior to a 
     decision to conduct any training program referred to in 
     subsection (a), full consideration is given to all credible 
     information available to the Department of State relating to 
     human rights violations by foreign security forces.
       (c) Waiver.--The Secretary of Defense, after consultation 
     with the Secretary of State, may waive the prohibition in 
     subsection (a) if he determines that such waiver is required 
     by extraordinary circumstances.
       (d) Report.--Not more than 15 days after the exercise of 
     any waiver under subsection (c), the Secretary of Defense 
     shall submit a report to the congressional defense committees 
     describing the extraordinary circumstances, the purpose and 
     duration of the training program, the United States forces 
     and the foreign security forces involved in the training 
     program, and the information relating to human rights 
     violations that necessitates the waiver.
       Sec. 8092. The Secretary of Defense, in coordination with 
     the Secretary of Health and Human Services, may carry out a 
     program to distribute surplus dental equipment of the 
     Department of Defense, at no cost to the Department of 
     Defense, to Indian health service facilities and to 
     federally-qualified health centers (within the meaning of 
     section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 
     1396d(l)(2)(B))).
       Sec. 8093. The total amount appropriated in this Act is 
     hereby reduced by $200,000,000 to reflect savings from 
     favorable foreign currency fluctuations, to be derived as 
     follows:
       ``Military Personnel, Army'', $30,800,000;
       ``Military Personnel, Navy'', $600,000;
       ``Military Personnel, Marine Corps'', $7,800,000;
       ``Military Personnel, Air Force'', $15,400,000;
       ``Reserve Personnel, Air Force'', $8,400,000;
       ``National Guard Personnel, Army'', $2,200,000;
       ``Operation and Maintenance, Army'', $68,600,000;
       ``Operation and Maintenance, Navy'', $14,400,000;

[[Page 23193]]

       ``Operation and Maintenance, Marine Corps'', $1,000,000;
       ``Operation and Maintenance, Air Force'', $26,400,000;
       ``Operation and Maintenance, Defense-Wide'', $23,000,000; 
     and
       ``Operation and Maintenance, Air Force Reserve'', 
     $1,400,000.
       Sec. 8094. None of the funds appropriated or made available 
     in this Act to the Department of the Navy shall be used to 
     develop, lease or procure the T-AKE class of ships unless the 
     main propulsion diesel engines and propulsors are 
     manufactured in the United States by a domestically operated 
     entity: Provided, That the Secretary of Defense may waive 
     this restriction on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes or there exists a significant cost or 
     quality difference.
       Sec. 8095. The budget of the President for fiscal year 2003 
     submitted to the Congress pursuant to section 1105 of title 
     31, United States Code, and each annual budget request 
     thereafter, shall include separate budget justification 
     documents for costs of United States Armed Forces' 
     participation in contingency operations for the Military 
     Personnel accounts, the Overseas Contingency Operations 
     Transfer Fund, the Operation and Maintenance accounts, and 
     the Procurement accounts: Provided, That these budget 
     justification documents shall include a description of the 
     funding requested for each anticipated contingency operation, 
     for each military service, to include active duty and Guard 
     and Reserve components, and for each appropriation account: 
     Provided further, That these documents shall include 
     estimated costs for each element of expense or object class, 
     a reconciliation of increases and decreases for ongoing 
     contingency operations, and programmatic data including, but 
     not limited to troop strength for each active duty and Guard 
     and Reserve component, and estimates of the major weapons 
     systems deployed in support of each contingency: Provided 
     further, That these documents shall include budget exhibits 
     OP-5 and OP-32, as defined in the Department of Defense 
     Financial Management Regulation, for the Overseas Contingency 
     Operations Transfer Fund for fiscal years 2001 and 2002.
       Sec. 8096. None of the funds appropriated or otherwise made 
     available by this or other Department of Defense 
     Appropriations Acts may be obligated or expended for the 
     purpose of performing repairs or maintenance to military 
     family housing units of the Department of Defense, including 
     areas in such military family housing units that may be used 
     for the purpose of conducting official Department of Defense 
     business.
       Sec. 8097. Notwithstanding any other provision of law, 
     funds appropriated in this Act under the heading ``Research, 
     Development, Test and Evaluation, Defense-Wide'' for any 
     advanced concept technology demonstration project may only be 
     obligated 30 days after a report, including a description of 
     the project and its estimated annual and total cost, has been 
     provided in writing to the congressional defense committees: 
     Provided, That the Secretary of Defense may waive this 
     restriction on a case-by-case basis by certifying to the 
     congressional defense committees that it is in the national 
     interest to do so.
       Sec. 8098. Notwithstanding any other provision of law, for 
     the purpose of establishing all Department of Defense 
     policies governing the provision of care provided by and 
     financed under the military health care system's case 
     management program under 10 U.S.C. 1079(a)(17), the term 
     ``custodial care'' shall be defined as care designed 
     essentially to assist an individual in meeting the activities 
     of daily living and which does not require the supervision of 
     trained medical, nursing, paramedical or other specially 
     trained individuals: Provided, That the case management 
     program shall provide that members and retired members of the 
     military services, and their dependents and survivors, have 
     access to all medically necessary health care through the 
     health care delivery system of the military services 
     regardless of the health care status of the person seeking 
     the health care: Provided further, That the case management 
     program shall be the primary obligor for payment of medically 
     necessary services and shall not be considered as secondarily 
     liable to title XIX of the Social Security Act, other welfare 
     programs or charity based care.
       Sec. 8099. (a) During the current fiscal year, any refund 
     described in subsection (b) may be credited to the operation 
     and maintenance account of the Department of Defense that is 
     current when the refund is received and that is available for 
     the same purposes as the account originally charged.
       (b) Subsection (a) applies to the following:
       (1) Any refund attributable to the use of a Government 
     travel card by a member of the Armed Forces or a civilian 
     employee of the Department of Defense.
       (2) Any refund attributable to the use of a Government 
     Purchase card by a member of the Armed Forces or a civilian 
     employee of the Department of Defense.
       (3) Any refund attributable to official Government travel 
     by a member of the Armed Forces or a civilian employee of the 
     Department of Defense that is arranged by a Government 
     Contracted Travel Management Center.
       Sec. 8100. (a) Registering Financial Management Information 
     Technology Systems With DOD Chief Information Officer.--None 
     of the funds appropriated in this Act may be used for a 
     mission critical or mission essential financial management 
     information technology system (including a system funded by 
     the defense working capital fund) that is not registered with 
     the Chief Information Officer of the Department of Defense. A 
     system shall be considered to be registered with that officer 
     upon the furnishing to that officer of notice of the system, 
     together with such information concerning the system as the 
     Secretary of Defense may prescribe. A financial management 
     information technology system shall be considered a mission 
     critical or mission essential information technology system 
     as defined by the Under Secretary of Defense (Comptroller).
       (b) Certifications as to Compliance With Financial 
     Management Modernization Plan.--(1) During the current fiscal 
     year, a financial management major automated information 
     system may not receive Milestone I approval, Milestone II 
     approval, or Milestone III approval, or their equivalent, 
     within the Department of Defense until the Under Secretary of 
     Defense (Comptroller) certifies, with respect to that 
     milestone, that the system is being developed in accordance 
     with the Department's Financial Management Modernization 
     Plan. The Under Secretary of Defense (Comptroller) may 
     require additional certifications, as appropriate, with 
     respect to any such system.
       (2) The Chief Information Officer shall provide the 
     congressional defense committees timely notification of 
     certifications under paragraph (1).
       (c) Definitions.--For purposes of this section:
       (1) The term ``Chief Information Officer'' means the senior 
     official of the Department of Defense designated by the 
     Secretary of Defense pursuant to section 3506 of title 44, 
     United States Code.
       (2) The term ``information technology system'' has the 
     meaning given the term ``information technology'' in section 
     5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
       (3) The term ``major automated information system'' has the 
     meaning given that term in Department of Defense Directive 
     5000.1.
       Sec. 8101. During the current fiscal year, none of the 
     funds available to the Department of Defense may be used to 
     provide support to another department or agency of the United 
     States if such department or agency is more than 90 days in 
     arrears in making payment to the Department of Defense for 
     goods or services previously provided to such department or 
     agency on a reimbursable basis: Provided, That this 
     restriction shall not apply if the department is authorized 
     by law to provide support to such department or agency on a 
     nonreimbursable basis, and is providing the requested support 
     pursuant to such authority: Provided further, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     that it is in the national security interest to do so.
       Sec. 8102. None of the funds provided in this Act may be 
     used to transfer to any nongovernmental entity ammunition 
     held by the Department of Defense that has a center-fire 
     cartridge and a United States military nomenclature 
     designation of ``armor penetrator'', ``armor piercing (AP)'', 
     ``armor piercing incendiary (API)'', or ``armor-piercing 
     incendiary-tracer (API-T)'', except to an entity performing 
     demilitarization services for the Department of Defense under 
     a contract that requires the entity to demonstrate to the 
     satisfaction of the Department of Defense that armor piercing 
     projectiles are either: (1) rendered incapable of reuse by 
     the demilitarization process; or (2) used to manufacture 
     ammunition pursuant to a contract with the Department of 
     Defense or the manufacture of ammunition for export pursuant 
     to a License for Permanent Export of Unclassified Military 
     Articles issued by the Department of State.
       Sec. 8103. Notwithstanding any other provision of law, the 
     Chief of the National Guard Bureau, or his designee, may 
     waive payment of all or part of the consideration that 
     otherwise would be required under 10 U.S.C. 2667, in the case 
     of a lease of personal property for a period not in excess of 
     1 year to any organization specified in 32 U.S.C. 508(d), or 
     any other youth, social, or fraternal non-profit organization 
     as may be approved by the Chief of the National Guard Bureau, 
     or his designee, on a case-by-case basis.
       Sec. 8104. None of the funds appropriated by this Act shall 
     be used for the support of any nonappropriated funds activity 
     of the Department of Defense that procures malt beverages and 
     wine with nonappropriated funds for resale (including such 
     alcoholic beverages sold by the drink) on a military 
     installation located in the United States unless such malt 
     beverages and wine are procured within that State, or in the 
     case of the District of Columbia, within the District of

[[Page 23194]]

     Columbia, in which the military installation is located: 
     Provided, That in a case in which the military installation 
     is located in more than one State, purchases may be made in 
     any State in which the installation is located: Provided 
     further, That such local procurement requirements for malt 
     beverages and wine shall apply to all alcoholic beverages 
     only for military installations in States which are not 
     contiguous with another State: Provided further, That 
     alcoholic beverages other than wine and malt beverages, in 
     contiguous States and the District of Columbia shall be 
     procured from the most competitive source, price and other 
     factors considered.
       Sec. 8105. During the current fiscal year, under 
     regulations prescribed by the Secretary of Defense, the 
     Center of Excellence for Disaster Management and Humanitarian 
     Assistance may also pay, or authorize payment for, the 
     expenses of providing or facilitating education and training 
     for appropriate military and civilian personnel of foreign 
     countries in disaster management, peace operations, and 
     humanitarian assistance: Provided, That not later than April 
     1, 2002, the Secretary of Defense shall submit to the 
     congressional defense committees a report regarding the 
     training of foreign personnel conducted under this authority 
     during the preceding fiscal year for which expenses were paid 
     under the section: Provided further, That the report shall 
     specify the countries in which the training was conducted, 
     the type of training conducted, and the foreign personnel 
     trained.
       Sec. 8106. (a) The Department of Defense is authorized to 
     enter into agreements with the Veterans Administration and 
     federally-funded health agencies providing services to Native 
     Hawaiians for the purpose of establishing a partnership 
     similar to the Alaska Federal Health Care Partnership, in 
     order to maximize Federal resources in the provision of 
     health care services by federally-funded health agencies, 
     applying telemedicine technologies. For the purpose of this 
     partnership, Native Hawaiians shall have the same status as 
     other Native Americans who are eligible for the health care 
     services provided by the Indian Health Service.
       (b) The Department of Defense is authorized to develop a 
     consultation policy, consistent with Executive Order No. 
     13084 (issued May 14, 1998), with Native Hawaiians for the 
     purpose of assuring maximum Native Hawaiian participation in 
     the direction and administration of governmental services so 
     as to render those services more responsive to the needs of 
     the Native Hawaiian community.
       (c) For purposes of this section, the term ``Native 
     Hawaiian'' means any individual who is a descendant of the 
     aboriginal people who, prior to 1778, occupied and exercised 
     sovereignty in the area that now comprises the State of 
     Hawaii.
       Sec. 8107. In addition to the amounts provided elsewhere in 
     this Act, the amount of $10,000,000 is hereby appropriated 
     for ``Operation and Maintenance, Defense-Wide'', to be 
     available, notwithstanding any other provision of law, only 
     for a grant to the United Service Organizations Incorporated, 
     a federally chartered corporation under chapter 2201 of title 
     36, United States Code. The grant provided under authority of 
     this section is in addition to any grant provided for under 
     any other provision of law.
       Sec. 8108. Of the amounts appropriated in the Act under the 
     heading, ``Research, Development, Test and Evaluation, 
     Ballistic Missile Defense Organization'', $34,000,000 may be 
     available for the purpose of adjusting the cost-share of the 
     parties under the Agreement between the Department of Defense 
     and the Ministry of Defence of Israel for the Arrow 
     Deployability Program.
       Sec. 8109. Funds available to the Department of Defense for 
     the Global Positioning System during the current fiscal year 
     may be used to fund civil requirements associated with the 
     satellite and ground control segments of such system's 
     modernization program.

                     (including transfer of funds)

       Sec. 8110. Of the amounts appropriated in this Act under 
     the heading, ``Operation and Maintenance, Defense-Wide'', 
     $115,000,000 shall remain available until expended: Provided, 
     That notwithstanding any other provision of law, the 
     Secretary of Defense is authorized to transfer such funds to 
     other activities of the Federal Government.
       Sec. 8111. The Ballistic Missile Defense Organization and 
     its subordinate offices and associated contractors, including 
     the Lead Systems Integrator, shall notify the congressional 
     defense committees 15 days prior to issuing any type of 
     information or proposal solicitation for the Ground Based 
     Midcourse Defense Segment with a potential annual contract 
     value greater than $5,000,000 or a total contract value 
     greater than $30,000,000.
       Sec. 8112. None of the funds appropriated in this Act under 
     the heading ``Overseas Contingency Operations Transfer Fund'' 
     may be transferred or obligated for Department of Defense 
     expenses not directly related to the conduct of overseas 
     contingencies: Provided, That the Secretary of Defense shall 
     submit a report no later than 30 days after the end of each 
     fiscal quarter to the Committees on Appropriations of the 
     Senate and House of Representatives that details any transfer 
     of funds from the ``Overseas Contingency Operations Transfer 
     Fund'': Provided further, That the report shall explain any 
     transfer for the maintenance of real property, pay of 
     civilian personnel, base operations support, and weapon, 
     vehicle or equipment maintenance.
       Sec. 8113. The Secretary of Defense may treat the opening 
     of the Pacific Wing of the National D-Day Museum in New 
     Orleans, Louisiana, as an official event of the Department of 
     Defense for the purposes of the provision of support for 
     ceremonies and activities related to that opening.
       Sec. 8114. Section 8106 of the Department of Defense 
     Appropriations Act, 1997 (titles I through VIII of the matter 
     under subsection 101(b) of Public Law 104-208; 110 Stat. 
     3009-111; 10 U.S.C. 113 note) shall continue in effect to 
     apply to disbursements that are made by the Department of 
     Defense in fiscal year 2002.
       Sec. 8115. In addition to amounts provided in this Act, 
     $2,000,000 is hereby appropriated for ``Defense Health 
     Program'', to remain available for obligation until expended: 
     Provided, That notwithstanding any other provision of law, 
     these funds shall be available only for a grant to the Fisher 
     House Foundation, Inc., only for the construction and 
     furnishing of additional Fisher Houses to meet the needs of 
     military family members when confronted with the illness or 
     hospitalization of an eligible military beneficiary.

                     (including transfer of funds)

       Sec. 8116. In addition to the amounts appropriated 
     elsewhere in this Act, $2,000,000, to remain available until 
     expended, is hereby appropriated to the Department of 
     Defense: Provided, That not later than 30 days after the 
     enactment of this Act, the Secretary of Defense shall 
     transfer these funds to the Department of Energy 
     appropriation account ``Fossil Energy Research and 
     Development'', only for a proposed conceptual design study to 
     examine the feasibility of a zero emissions, steam injection 
     process with possible applications for increased power 
     generation efficiency, enhanced oil recovery and carbon 
     sequestration.
       Sec. 8117. The total amount appropriated in this Act is 
     reduced by $955,000,000, for efficiencies in the contractor 
     work force, to be derived as follows:
       ``Operation and Maintenance, Army'', $269,500,000;
       ``Operation and Maintenance, Navy'', $157,200,000;
       ``Operation and Maintenance, Marine Corps'', $23,900,000;
       ``Operation and Maintenance, Air Force'', $180,200,000;
       ``Operation and Maintenance, Defense-Wide'', $103,700,000;
       ``Operation and Maintenance, Army Reserve'', $23,200,000;
       ``Operation and Maintenance, Navy Reserve'', $3,300,000;
       ``Operation and Maintenance, Air Force Reserve'', 
     $31,200,000;
       ``Operation and Maintenance, Army National Guard'', 
     $53,600,000;
       ``Operation and Maintenance, Air National Guard'', 
     $52,500,000;
       ``Research, Development, Test and Evaluation, Army'', 
     $35,300,000;
       ``Research, Development, Test and Evaluation, Navy'', 
     $3,000,000;
       ``Research, Development, Test and Evaluation, Air Force'', 
     $15,700,000; and
       ``Research, Development, Test and Evaluation, Defense-
     Wide'', $2,700,000.
       Sec. 8118. Funds appropriated for Operation and Maintenance 
     in title II of this Act may be used to complete certain 
     projects for which funds have been provided from--
       (1) amounts appropriated for ``Operation and Maintenance, 
     Navy'' in section 110 of the Emergency Supplemental Act, 2000 
     (division B of Public Law 106-246; 114 Stat. 530); or
       (2) amounts appropriated for ``Operation and Maintenance, 
     Navy'' in section 9001(a)(2)(i) of the Department of Defense 
     Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 709).
       Sec. 8119. Notwithstanding any other provision of law, from 
     funds appropriated in this or any other Act under the 
     heading, ``Aircraft Procurement, Air Force'', that remain 
     available for obligation, not to exceed $16,000,000 shall be 
     available for recording, adjusting, and liquidating 
     obligations for the C-17 aircraft properly chargeable to the 
     fiscal year 1998 ``Aircraft Procurement, Air Force'' account: 
     Provided, That the Secretary of the Air Force shall notify 
     the congressional defense committees 30 days prior to 
     obligation of all of the specific sources of funds to be used 
     for such purpose.
       Sec. 8120. Notwithstanding any other provision of law, from 
     funds appropriated in this or any other Act under the 
     heading, ``Missile Procurement, Air Force'', that remain 
     available for obligation, not to exceed $50,000,000 shall be 
     available for recording, adjusting, and liquidating 
     obligations properly chargeable to fiscal year 1997 and 1998 
     ``Missile Procurement, Air Force'' accounts: Provided, That 
     the Secretary of the Air Force shall notify the congressional 
     defense committees 30 days prior to obligation of all of the 
     specific sources of funds to be used for such purpose.


                     (including transfer of funds)

       Sec. 8121. Of the amounts appropriated in this Act under 
     the heading, ``Shipbuilding and Conversion, Navy'', 
     $680,000,000 shall be

[[Page 23195]]

     available until September 30, 2002, to fund prior year 
     shipbuilding cost increases: Provided, That upon enactment of 
     this Act, the Secretary of Defense shall transfer such funds 
     to the following appropriations in the amounts specified: 
     Provided further, That the amounts transferred shall be 
     merged with and be available for the same purposes and for 
     the same time period as the appropriations or fund to which 
     transferred:
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1995/2002'': Carrier Replacement Program, $172,364,000;
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1996/2002'': LPD-17 Amphibious Transport Dock Ship Program, 
     $172,989,000;
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1997/2002'': DDG-51 Destroyer Program, $37,200,000;
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1998/2002'':
       NSSN Program, $123,561,000;
       DDG-51 Destroyer Program, $111,457,000;
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1999/2002'': NSSN Program, $62,429,000.


                          (TRANSFER OF FUNDS)

       Sec. 8122. Upon enactment of this Act, the Secretary of 
     Defense shall make the following transfers of funds: 
     Provided, That the amounts transferred shall be available for 
     the same purpose as the appropriations to which transferred, 
     and for the same time period as the appropriation from which 
     transferred: Provided further, That the amounts shall be 
     transferred between the following appropriations in the 
     amount specified:
       From:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1990/2002'':
       TRIDENT ballistic missile submarine program, $78,000;
       SSN-21 attack submarine program, $66,000;
       DDG-51 destroyer program, $6,100,000;
       ENTERPRISE refueling/modernization program, $964,000;
       LSD-41 dock landing ship cargo variant ship program, 
     $237,000;
       MCM mine countermeasures program, $118,000;
       Oceanographic ship program, $2,317,000;
       AOE combat support ship program, $164,000;
       AO conversion program, $56,000;
       Coast Guard icebreaker ship program, $863,000;
       Craft, outfitting, post delivery, and ship special support 
     equipment, $529,000;
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1998/2002'': DDG-51 destroyer program, $11,492,000;
       From:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1993/2002'':
       DDG-51 destroyer program, $3,986,000;
       LHD-1 amphibious assault ship program, $85,000;
       LSD-41 dock landing ship cargo variant program, $428,000;
       AOE combat support ship program, $516,000;
       Craft, outfitting, post delivery, and first destination 
     transportation, and inflation adjustments, $1,034,000;
       To:
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1998/2002'': DDG-51 destroyer program, $6,049,000.


                     (including transfer of funds)

       Sec. 8123. Of the funds appropriated by this Act under the 
     heading, ``Operation and Maintenance, Navy'', $56,000,000 
     shall remain available until expended, only for costs 
     associated with the stabilization, return, refitting, 
     necessary force protection upgrades, and repair of the U.S.S. 
     COLE: Provided, That the Secretary of Defense may transfer 
     these funds to appropriations accounts for procurement and 
     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 section is in 
     addition to any other transfer authority available to the 
     Department of Defense.
       Sec. 8124. The Secretary of the Navy may settle, or 
     compromise, and pay any and all admiralty claims under 10 
     U.S.C. 7622 arising out of the collision involving the U.S.S. 
     GREENEVILLE and the EHIME MARU, in any amount and without 
     regard to the monetary limitations in subsections (a) and (b) 
     of that section: Provided, That such payments shall be made 
     from funds available to the Department of the Navy for 
     operation and maintenance.
       Sec. 8125. Notwithstanding section 229(a) of the Social 
     Security Act, no wages shall be deemed to have been paid to 
     any individual pursuant to that section in any calendar year 
     after 2001.
       Sec. 8126. The total amount appropriated in this Act is 
     hereby reduced by $230,000,000 to reflect fact-of-life 
     changes in utilities costs, to be derived as follows:
       ``Operation and Maintenance, Army'', $75,900,000;
       ``Operation and Maintenance, Navy'', $17,100,000;
       ``Operation and Maintenance, Marine Corps'', $15,000,000;
       ``Operation and Maintenance, Air Force'', $60,100,000;
       ``Operation and Maintenance, Defense-Wide'', $9,800,000;
       ``Operation and Maintenance, Army Reserve'', $6,000,000;
       ``Operation and Maintenance, Navy Reserve'', $2,300,000;
       ``Operation and Maintenance, Marine Corps Reserve'', 
     $800,000;
       ``Operation and Maintenance, Air Force Reserve'', 
     $3,000,000;
       ``Operation and Maintenance, Army National Guard'', 
     $6,000,000;
       ``Operation and Maintenance, Air National Guard'', 
     $7,500,000;
       ``Drug Interdiction and Counter-Drug Activities, Defense'', 
     $800,000;
       ``Defense Working Capital Funds'', $14,400,000; and
       ``Defense Health Program'', $11,300,000.
       Sec. 8127. Notwithstanding any other provision in this Act, 
     the total amount appropriated in this Act is hereby reduced 
     by $797,919,000, to reduce excess funded carryover, to be 
     derived as follows:
       ``Operation and Maintenance, Army'', $131,000,000;
       ``Operation and Maintenance, Navy'', $343,719,000;
       ``Operation and Maintenance, Marine Corps'', $25,000,000;
       ``Operation and Maintenance, Air Force'', $283,200,000;
       ``Operation and Maintenance, Defense-Wide'', $15,000,000;
       Sec. 8128. (a) Of the total amount appropriated for 
     ``Operation and Maintenance, Air Force'', $2,500,000, to 
     remain available until expended, shall be available to the 
     Secretary of the Air Force only for the purpose of making a 
     grant in the amount of $2,500,000 to the Lafayette Escadrille 
     Memorial Foundation, Inc., to be used to perform the repair, 
     restoration, and preservation of the structure, plaza, and 
     surrounding grounds of the Lafayette Escadrille Memorial in 
     Marnes la-Coguette, France.
       (b) The Secretary shall require as a condition of the 
     grant--
       (1) that the funds provided through the grant be used only 
     for costs associated with such repair, restoration, and 
     preservation; and
       (2) that none of those funds may be used for remuneration 
     of any entity or individual associated with fund raising for 
     the project to carry out such repair, restoration, and 
     preservation.
       Sec. 8129. None of the funds in this or any other Act may 
     be used by the Secretary of the Interior to remove the five 
     foot tall memorial cross originally erected in 1934 by the 
     Veterans of Foreign Wars in honor of fallen World War I 
     veterans and located within the boundary of the Mojave 
     National Preserve in southern California along Cima Road 
     approximately 11 miles south of Interstate 15.
       Sec. 8130. In addition to the amounts provided elsewhere in 
     this Act, the amount of $6,000,000 is hereby appropriated to 
     the Department of Defense for ``Operation and Maintenance, 
     Navy''. Such amount shall be used by the Secretary of the 
     Navy only to make a grant in the amount of $6,000,000 to the 
     U.S.S. Alabama Battleship Foundation, a nonprofit 
     organization established under the laws of the State of 
     Alabama, to be available only for the preservation of the 
     former U.S.S. ALABAMA (ex BB-60) as a museum and memorial.
       Sec. 8131. In addition to the amounts provided elsewhere in 
     this Act, the amount of $5,000,000 is hereby appropriated to 
     the Department of Defense for ``Operation and Maintenance, 
     Navy''. Such amount shall be used by the Secretary of the 
     Navy only to make a grant in the amount of $5,000,000 to the 
     Intrepid Sea-Air-Space Foundation only for the preservation 
     of the former U.S.S. INTREPID (CV 11) as a museum and 
     memorial.
       Sec. 8132. In addition to the amounts provided elsewhere in 
     this Act, the amount of $6,000,000 is hereby appropriated to 
     the Department of Defense for ``Operation and Maintenance, 
     Air Force''. Such amount shall be used by the Secretary of 
     the Air Force only to make a grant in the amount of 
     $6,000,000 to the Medical Lake School District, Washington 
     State school district number 326, for relocation of the 
     Fairchild Air Force Base Elementary School within the 
     boundary of Fairchild Air Force Base, Washington.
       Sec. 8133. In addition to the amounts provided elsewhere in 
     this Act, the amount of $5,000,000 is hereby appropriated to 
     the Department of Defense for ``Operation and Maintenance, 
     Navy''. Such amount shall be used by the Secretary of the 
     Navy only to make a grant in the amount of $5,000,000 to the 
     Central Kitsap School District, Washington State school 
     district number 401, for the purchase and installation of 
     equipment for a special needs learning center to meet the 
     needs of Department of Defense special needs students at 
     Submarine Base Bangor, Washington.
       Sec. 8134. (a) In addition to amounts provided elsewhere in 
     this Act, the amount of $10,000,000 is hereby appropriated 
     for ``Operation and Maintenance, Defense-Wide'', to be 
     available to the Secretary of Defense only for the purpose of 
     making a grant for the purpose specified in section 8156 of 
     the Department of Defense Appropriations Act, 2001 (Public 
     Law 106-259; 114 Stat. 707), as amended by subsection (b). 
     Such grant shall be

[[Page 23196]]

     made not later than 90 days after the date of the enactment 
     of this Act.
       (b) Section 8156 of the Department of Defense 
     Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 707), 
     is amended by striking the comma after ``California'' the 
     first place it appears and all that follows through ``96-
     8867)''.
       Sec. 8135. (a) Activities Under Formerly Utilized Sites 
     Remedial Action Program.--Subject to subsections (b) through 
     (e) of section 611 of Public Law 106-60 (113 Stat. 502; 10 
     U.S.C. 2701 note), the Secretary of the Army, acting through 
     the Chief of Engineers, under the Formerly Utilized Sites 
     Remedial Action Program shall undertake the functions and 
     activities specified in subsection (a) of such section in 
     order to--
       (1) clean up radioactive contamination at the Shpack 
     Landfill site located in Norton and Attleboro, Massachusetts; 
     and
       (2) clean up radioactive waste at the Shallow Land Disposal 
     Area located in Parks Township, Armstrong County, 
     Pennsylvania, consistent with the Memorandum of Understanding 
     Between the United States Nuclear Regulatory Commission and 
     the United States Army Corps of Engineers for Coordination on 
     Cleanup and Decommissioning of the Formerly Utilized Sites 
     Remedial Action Program (FUSRAP) Sites with NRC-Licensed 
     Facilities, dated July 5, 2001.
       (b) Special Rules Regarding Shallow Land Disposal Area.--
     The Secretary of the Army shall seek to recover response 
     costs incurred by the Army Corps of Engineers for cleanup of 
     the Shallow Land Disposal Area from appropriate responsible 
     parties in accordance with the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601 et seq.). The Secretary of the Army and the Corps of 
     Engineers shall not, by virtue of this cleanup, become liable 
     for the actions or omissions of past, current, or future 
     licensees, owners, or operators of the Shallow Land Disposal 
     Area.
       (c) Funding Sources.--Amounts appropriated to the Army 
     Corps of Engineers for fiscal year 2001 and subsequent fiscal 
     years and available for the Formerly Utilized Sites Remedial 
     Action Program shall be available to carry out this section.
       Sec. 8136. In addition to amounts otherwise appropriated or 
     made available by this Act, $3,000,000 is appropriated to the 
     Secretary of the Air Force and shall be used by the Secretary 
     to reestablish the Tethered Aerostat Radar System at Morgan 
     City, Louisiana, previously used by the Air Force in 
     maritime, air, and land counter-drug detection and 
     monitoring. Of the amounts appropriated or otherwise made 
     available for operation and maintenance for the Air Force, 
     the Secretary shall use $3,000,000 to operate such Tethered 
     Aerostat Radar System upon its reestablishment.
       Sec. 8137. None of the funds in this Act may be used to 
     implement the establishment of an independent unmanned aerial 
     vehicle joint operational test bed system and/or the transfer 
     of two Predator UAVs, tactical control system (TCS) ground 
     station and assorted equipment from the Navy to Joint Forces 
     Command (JFCOM).
       Sec. 8138. The $100,000 limitation established by Section 
     8043 of Public Law 106-259, shall not apply to amounts 
     appropriated in that Act under the heading ``Operation and 
     Maintenance, Defense-Wide'' for expenses related to certain 
     classified activities associated with foreign material.
       Sec. 8139. The total amount appropriated in this Act for 
     Operation and Maintenance is hereby reduced by $330,000,000, 
     to reflect savings attributable to improved supervision in 
     determining appropriate purchases to be made using the 
     Government purchase card, to be derived as follows:
       ``Operation and Maintenance, Army'', $122,100,000;
       ``Operation and Maintenance, Navy'', $95,700,000;
       ``Operation and Maintenance, Marine Corps'', $9,900,000;
       ``Operation and Maintenance, Air Force'', $79,200,000; and
       ``Operation and Maintenance, Defense-Wide'', $23,100,000.
       Sec. 8140. The Secretary of Defense and the Secretary of 
     Veterans Affairs shall jointly conduct a comprehensive 
     assessment that identifies and evaluates changes to 
     Department of Defense and Department of Veterans Affairs 
     health care delivery policies, methods, practices, and 
     procedures in order to provide improved health care services 
     at reduced costs to the taxpayer. This assessment shall 
     include a detailed independent review, based on a statement 
     of work authored by the Secretaries of both departments, of 
     options to collocate or share facilities and care providers 
     in areas where duplication and excess capacity may exist, 
     optimize economies of scale through joint procurement of 
     supplies and services, institute cooperative service 
     agreements, and partially or fully integrate DOD and VA 
     systems providing telehealth services, computerized patient 
     records, provider credentialing, surgical quality assessment, 
     rehabilitation services, administrative services, and centers 
     of excellence for specialized health care services. The 
     Secretaries shall jointly transmit a report to Congress by no 
     later than March 1, 2002, explaining the findings and 
     conclusions of this assessment, including detailed estimates 
     of the costs, cost savings, and service benefits of each 
     recommendation, and making legislative and administrative 
     recommendations to implement the results of this effort: 
     Provided, That of the funds provided under the heading 
     ``Defense Health Program'' $5,000,000 shall be made available 
     only for the purpose of conducting the assessment described 
     in this section.
       Sec. 8141. (a) Notwithstanding any other provision of law, 
     operation and maintenance funds provided in this Act may be 
     used for the purchase of ultralightweight camouflage net 
     systems as unit spares in order to modernize the current 
     inventory of camouflage screens to state-of-the-art 
     protection standards more quickly than would otherwise be the 
     case.
       (b) The authority provided by subsection (a) may not be 
     used until the Secretary of the Army submits to the 
     congressional defense committees a report certifying that, 
     compared to the current system that can be purchased with 
     Army Operation and Maintenance funds, the ultralightweight 
     camouflage net system--
       (1) is technically superior against multi-spectral threat 
     sensors;
       (2) is less costly per unit; and
       (3) provides improved overall force protection.
       Sec. 8142. (a) Fort Irwin Military Land Withdrawal.--The 
     provisions of title XXIX of H.R. 2586, as passed by the House 
     of Representatives on September 25, 2001 (entitled the Fort 
     Irwin Military Land Withdrawal Act of 2001), are hereby 
     enacted into law.
       (b) Publication of Provisions Enacted by Reference.--In 
     publishing this Act in slip form and in the United States 
     Statutes at Large pursuant to section 112 of title 1, United 
     States Code, the Archivist of the United States shall include 
     after the date of approval an appendix setting forth the text 
     of the provisions referred to in subsection (a).
       Sec. 8143. Notwithstanding any other provision in this Act, 
     the total amount appropriated in this Act for the Pentagon 
     Reservation Maintenance Revolving Fund, including standard 
     real property operations is hereby reduced by $333,000,000, 
     to be distributed as follows:
       ``Operation and Maintenance, Army'', $114,270,000;
       ``Operation and Maintenance, Navy'', $50,320,000;
       ``Operation and Maintenance, Air Force'', $62,180,000;
       ``Operation and Maintenance, Defense-Wide'', $102,120,000; 
     and
       ``Research, Development, Test and Evaluation, Ballistic 
     Missile Defense Organization'', $4,110,000.
       Sec. 8144. (a) Funding Reduction.--The amount appropriated 
     in this Act for ``Operation and Maintenance, Army'' is hereby 
     reduced by $37,200,000 to reflect efficiencies in Army 
     acquisition management practices.
       (b) Limitations.--Effective six months after the date of 
     enactment of this Act none of the funds made available by 
     this Act may be used, directly or indirectly, for any of the 
     following purposes:
       (1) To support the accomplishment of Army acquisition 
     systems management functions by military or civilian 
     personnel assigned to or employed by the Army Training and 
     Doctrine Command.
       (2) To accomplish Army acquisition system requirements 
     determination functions, or analysis of alternatives 
     functions, by military or civilian personnel assigned to or 
     employed by the Army Training and Doctrine Command.
       (3) To accomplish Army acquisition program management 
     functions by military or civilian personnel assigned to or 
     employed by the Army Material Command.
       (c) Civilian Personnel Reductions.--Pursuant to this 
     section, the Secretary of the Army shall reduce the fiscal 
     year end-strength number of civilian full-time equivalent 
     employees performing Army acquisition functions by 3 percent 
     of the baseline number for each fiscal year from fiscal year 
     2002 through fiscal year 2006. For purposes of the preceding 
     sentence, the term ``baseline number'' means the number of 
     civilian full-time equivalent employees performing Army 
     acquisition functions as of the close of fiscal year 2001.
       (d) Reports.--(1) The Secretary of the Army shall include 
     with the fiscal year 2003 budget justification materials for 
     the Department of the Army information on--
       (A) how personnel reductions required by subsection (c) 
     will be accomplished and how Army acquisition system and 
     program management resources will be transferred to other 
     Army elements by reason of those reductions; and
       (B) any changes in Army policies to achieve compliance with 
     the limitations in subsection (b).
       (2) The Secretary shall include with the budget 
     justification materials for the Department of the Army for 
     each of fiscal years 2004 through 2007 information on--
       (A) how personnel reductions required by subsection (c) 
     have been accomplished to the date of the report and will be 
     accomplished during the then-current fiscal year and 
     thereafter; and
       (B) how Army acquisition system and program management 
     resources have been

[[Page 23197]]

     transferred, as of the date of the report, to other Army 
     elements by reason of those reductions and how such resources 
     will be transferred during the then-current fiscal year and 
     thereafter to other Army elements by reason of those 
     reductions, and each subsequent annual budget request.
       Sec. 8145. (a) Non-Profit Army Venture Capital 
     Corporation.--Of the funds made available for ``Research, 
     Development, Test and Evaluation, Army'', $50,000,000 shall 
     be available to the Secretary of the Army only for the 
     purpose of funding a venture capital investment corporation 
     established pursuant to section 2371 of title 10 United 
     States Code, to be derived as specified in subsection (b).
       (b) Funding.--The amount specified in subsection (a) shall 
     be derived by reducing, on a pro rata basis, the following 
     amounts: (1) Amounts made available to the Army for basic 
     research and applied research, except for amounts for 
     research projects designated as congressional special 
     interest items; (2) Amounts made available to the Army for 
     research, development, test and evaluation relating to the 
     Future Combat System.
       Sec. 8146. Notwithstanding any other provision of law, in 
     addition to amounts appropriated or otherwise made available 
     in this Act, $10,000,000 is hereby appropriated to 
     ``Operation and Maintenance, Defense-Wide'' only for facility 
     improvements necessary to integrate the 910th Airlift Wing 
     and related activities at the Youngstown-Warren Regional 
     Airport into the military cargo network.
       Sec. 8147. Notwithstanding any other provision of law, in 
     addition to amounts appropriated or otherwise made available 
     in this Act, $10,000,000 is hereby appropriated to 
     ``Operation and Maintenance, Defense-Wide'' only for facility 
     improvements and equipment purchases necessary to augment the 
     capabilities of local government emergency response units 
     responsible for protection of the Pentagon Reservation to 
     address emergency response deficiencies identified as a 
     result of the attack on the Pentagon of September 11, 2001, 
     and to provide additional capabilities to meet the terrorism 
     threat: Provided, That the Secretary of Defense shall 
     negotiate and establish an appropriate Federal share for 
     facility improvements financed under this section prior to 
     the expenditure of these funds.
       Sec. 8148. Notwithstanding any other provision of law or 
     regulation, the Secretary of Defense may exercise the 
     provisions of 38 U.S.C. 7403(g) for occupations listed in 28 
     U.S.C. 7403(a)(2) as well as the following:
       Pharmacists, Audiologists, and Dental Hygienists.
       (A) The requirements of 38 U.S.C. 7403(g)(1)(A) shall 
     apply.
       (B) The limitations of 38 U.S.C. 7403(g)(1)(B) shall not 
     apply.
       Sec. 8149. (a) The Secretary of Defense may waive any 
     requirement that the fiscal year 2001 Department of Defense 
     financial statement include the accounts and associated 
     activities of the Department of the Army and the Department 
     of the Navy, to the extent that the Secretary determines 
     necessary due to the effects of the terrorist attack on the 
     Pentagon of September 11, 2001.
       (b) If any accounts and associated activities of the 
     Department of the Army or the Department of the Navy are 
     excluded from the fiscal year 2001 Department of Defense 
     financial statement pursuant to subsection (a), the Secretary 
     of Defense shall, as soon as practicable after March 1, 2002, 
     prepare and submit to the Director of the Office of 
     Management and Budget, a revised audited financial statement 
     for fiscal year 2001 that includes all such accounts and 
     activities.
       (c) For purposes of this section, the term ``fiscal year 
     2001 Department of Defense financial statement'' means the 
     audited financial statement of the Department of Defense for 
     fiscal year 2001 required by section 3515 of title 31, United 
     States Code, to be submitted to the Director of the Office of 
     Management and Budget not later than March 1, 2002.
       Sec. 8150. None of the funds appropriated in this Act may 
     be used to prepare a budget request for submission to 
     Congress by the Department of Defense for fiscal year 2003 
     that contains any proposal to acquire ships for the 
     Department of the Navy through the use of incremental funding 
     amounts or advanced appropriations. The limitation against 
     incremental funding does not apply to the specific 
     shipbuilding programs that were funded on an incremental 
     basis in fiscal year 2001.
       Sec. 8151. In addition to amounts appropriated or otherwise 
     made available elsewhere in this Act, $20,000,000, to remain 
     available until September 30, 2004, is hereby appropriated to 
     ``Aircraft Procurement, Air Force'', only for the C-5 
     avionics modernization program.
       Sec. 8152. In addition to amounts appropriated or otherwise 
     made available elsewhere in this Act, $10,000,000, to remain 
     available until September 30, 2003, is hereby appropriated to 
     ``Research, Development, Test and Evaluation, Air Force'', 
     only for the agile combat support (IMITS) program.
       Sec. 8153. In addition to amounts appropriated or otherwise 
     made available elsewhere in this Act, $6,000,000, to remain 
     available until September 30, 2003, is hereby appropriated to 
     ``Research, Development, Test and Evaluation, Army'', only 
     for laser vision correction devices for the Walter Reed Army 
     Medical Center.
       Sec. 8154. Notwithstanding any other provision of this Act, 
     the Secretary of the Air Force may enter into a multiyear 
     contract, or extend an existing multiyear contract, for the 
     C-17 aircraft: Provided, That the authority to enter into 
     such a contract (or contract extension) may not be exercised 
     until a period of not less than 30 days has elapsed after the 
     date of the submission of a report under paragraph (4) of 
     section 2306b(l) of title 10, United States Code: Provided 
     further, That the authorities provided in this section shall 
     not be available until the Secretary of Defense submits to 
     the congressional defense committees a certification that the 
     applicable requirements under section 2306b of title 10, 
     United States Code, and section 8008 of this Act with respect 
     to such a contract (or contract extension) have been met.
       Sec. 8155. Except as expressly provided otherwise, any 
     reference in a provision of titles I through IX to ``this 
     Act'' shall be treated as referring only to the provisions of 
     this division.

  Mr. LEWIS of California (during the reading). Mr. Chairman, I ask 
unanimous consent that the remainder of the bill through pages 132, 
line 15, be considered as read, printed in the Record, and open to 
amendment at any point.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
California?
  There was no objection.


              Amendment Offered by Mr. Lewis of California

  Mr. LEWIS of California. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Lewis of California:
       At the end of title VIII of division A (page 132, after 
     line 15), add the following new sections:
       Sec. 8156. Notwithstanding any other provision of law, of 
     the funds appropriated in this Act under the heading 
     ``Operation and Maintenance, Defense-Wide'', $1,680,500, to 
     remain available until expended, is provided only for payment 
     of any expenses incurred after April 1, 2002 of the 
     Commission on the Future of the United States Aerospace 
     Industry pursuant to section 1092(e)(1) of the Floyd D. 
     Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted by Public Law 106-398, 114 Stat 165A-215).
       Sec. 8157. Of the funds appropriated in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'', 
     $1,000,000, to remain available until expended, shall be made 
     available to the Secretary of Defense, notwithstanding any 
     other provision of law, only for a grant or grants to the 
     Somerset County Board of Commissioners (in the Commonwealth 
     of Pennsylvania), to design and construct a memorial 
     (including operating and maintenance expenses for appropriate 
     security measures to protect the site) at the airplane crash 
     site in Somerset County, Pennsylvania honoring the brave men, 
     women, and children who perished following a valiant struggle 
     with terrorists aboard United Airlines Flight 93 on September 
     11, 2001.
       Sec. 8158. (a) None of the funds made available in this 
     division may be used to purchase--
       (1) steel, or
       (2) equipment, products, or systems that are necessary to 
     national security or national defense and that are made with 
     steel,

     that is not melted and poured in the United States except in 
     cases in which the steel required for the intended use is not 
     melted and poured in the United States.
       (b) Subsection (a) shall not apply with respect to a 
     purchase that the Secretary of Defense determines is 
     necessary for national security purposes.
       Sec. 8159. (a) Findings.--The Congress finds that--
       (1) in times when our national security is threatened by 
     possible attacks from foreign and domestic enemies, it is 
     necessary that the United States have a sufficient supply of 
     certain products that are essential for defending this 
     Nation; and
       (2) it has been the consistent intent of Congress that the 
     Department of Defense, when purchasing items to support the 
     Armed Forces, choose items that are wholly of domestic 
     content and manufacture, especially items identified as 
     essential to our national defense.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) it is vital that the United States maintain a domestic 
     manufacturing base for certain products necessary to national 
     security, so that our Nation does not become reliant on 
     foreign sources for such products and thereby vulnerable to 
     disruptions in international trade; and
       (2) in cases where such domestic manufacturing base is 
     threatened, the United States should take action to preserve 
     such manufacturing base.

  Mr. LEWIS of California (during the reading). Mr. Chairman, I ask 
unanimous consent that the amendment be considered as read and printed 
in the Record.

[[Page 23198]]

  The CHAIRMAN. Is there objection to the request of the gentleman from 
California?
  There was no objection.
  Mr. LEWIS of California. Mr. Chairman, this is an amendment that 
handles a number of technical items, and I know of no controversy. I 
ask for an ``aye'' vote on these technical amendments.
  Mr. STUPAK. Mr. Chairman, I am pleased to offer this important 
bipartisan amendment with Representatives LaTourette and Strickland. 
Our amendment limits the funds that can be allocated under this bill to 
purchase steel, so that such funds can only go towards purchasing 
American melted and poured steel.
  I would like to first give special thanks to Ranking Member Murtha, 
who has recognized the importance of this provision to the steel 
industry. I thank him, as well as Chairman Lewis, for their support.
  This amendment is the least we can do. Our U.S. steel industry is in 
an ever increasing downward spiral.
  In fact, just last week LTV Corporation announced that it is seeking 
to shut down its steel making operations. LTV is a part owner and 
customer of the Empire Mine in my district, and because of that 
announcement, the Empire Mine is going to be idled indefinitely. Most 
of the workers at the Empire will be laid off by the end of the month. 
770 hourly and 120 salaried employees will be affected by this mine 
closure.
  This mine closing is absolutely devastating to these workers, their 
families, and the communities that rely on the iron ore mines. I owe it 
to these hardworking citizens of northern Michigan to do what I can in 
Congress to try to save the steel. and iron ore industries.
  All I say to everyone in this House: we should wherever possible 
promote our domestic steel industry and encourage the purchase of 
American steel. We now have such an opportunity.
  The Department of Defense purchases ships, plans, and other systems 
that consume large quantities of steel. As we appropriate our taxpayer 
dollars towards funding our defense needs, we should ensure that these 
monies are not used to further endanger our already weakened domestic 
steel industry.
  Our taxpayer dollars should not go to buying foreign steel, American 
money they should buy American steel.
  Our steel industry is efficient, it is competitive, and it produces a 
high quality product. It is being driven out of business by the dumping 
of below market priced foreign steel.
  U.S. government contracts should not be buying foreign dumped steel 
over our quality U.S. steel.
  Our amendment requires the Department of Defense contractors to buy 
U.S. melted and poured steel.
  Our amendment does provide that in cases where the steel product is 
not domestically available, or there are some national security reasons 
for buying foreign steel, that an exception is possible. Other than 
those instances, however, we will be promoting our domestic steel 
industry in its fight to survive.
  In this time when our very national security has been threatened, we 
cannot further jeopardize our domestic steel industry. Vote for the 
Stupak-La Tourette-Strickland amendment and cast a vote for the 
American steel industry.
  Mr. REGULA. Mr. Chairman, through the passage of the Buy American Act 
and other related laws, Congress has consistently instructed Federal 
agencies to buy products made in the United States whenever possible. 
Congress passed these laws not only to support American manufacturers, 
but also to ensure that in times of international conflict the United 
States would not be dependent on foreign sources for products necessary 
to protect this Nation and its interests.
  We are now engaged in a campaign overseas fighting terrorism. 
Furthermore, we are faced with new threats on our homeland as well. 
Now, more than ever, we cannot afford to become dependent on foreign 
manufactured products that are essential to our national security. We 
need to maintain a domestic manufacturing source for these products.
  I can give you an example of this need in my own district. The Ansell 
Perry Glove Plant in Massillon, Ohio has been making surgical gloves 
since 1935. Its parent company, which is owned by an Australian holding 
company, is moving this facility over to Asia. Once it moves, there 
will no manufacturers of surgical gloves in the United States.
  I am trying to persuade the department of defense to keep buying 
American-made surgical gloves, so that this profitable facility can 
remain open. The department has tremendous buying power--according to 
the defense logistics agency, it purchased nearly 3.5 million dollars 
worth of surgical gloves in FY 2001 alone.
  This amendment is intended to re-emphasize the intent of Congress 
that federal agencies like the Defense Department should buy American 
and that in a time of conflict and danger, like we find ourselves in 
right now, it is vital that these agencies keep a domestic 
manufacturing source for products that are essential for protecting our 
citizens at home and our troops stationed abroad.
  Mr. LEWIS of California. Mr. Chairman, I yield back the balance of my 
time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from California (Mr. Lewis).
  The amendment was agreed to.
  Mr. NADLER. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I have voted against every Department of Defense 
appropriations bill since I have been in this Congress. I have not 
opposed these bills because I do not believe in a strong national 
defense; on the contrary, I believe in a vigorous defense, a strong 
military, and proper treatment of our men and women in uniform, 
including good pay, decent housing, and appropriate benefits.
  I have objected, however, to the excessive spending on items that are 
not critical to our defense. I have opposed spending billions of 
dollars on missile defense systems that threaten our security more than 
protect it. I have opposed the development of three fighter aircraft 
simultaneously at such a high cost that it threatens other crucial 
areas of our security. I have opposed supporting excessive military 
infrastructure that the last three Secretaries of Defense have told us 
is unnecessary to meet current needs. I have opposed the force 
structure that was based on a flawed two-war strategy that failed to 
consider the practical challenges facing America's vital interests. 
Recently, Secretary Rumsfeld has called for an overhaul of this flawed 
strategy.
  In short, I have argued for a smaller and more efficient U.S. 
military, more fitted to the actual threats likely to be faced by this 
country than to the no longer existing threats of an invasion through 
the Fulda Gap in Europe. I believe America would have been better 
served had our military spending been used more wisely over the past 10 
years.
  I had intended, however, to vote today in favor of this defense 
appropriation bill. It would have been my first vote in favor of a 
defense appropriation bill. Our country has been attacked, and we 
should all support the war effort. We must all support the efforts of 
our men and women in uniform during the current war in Afghanistan. I 
understand their need for support during this critical time, and I want 
to vote to give them the resources they need to meet the challenges 
they face and also to increase security at home. I support the pay 
increases and I support fully funding health care for military 
retirees. I support providing funds to aid in the dismantlement of 
nuclear weapons in the former Soviet Union, and I support many of the 
new counterterrorism activities.
  Unfortunately, I cannot in good conscience vote for this bill today 
because of the supplemental funding provision included in the bill that 
actually cuts funding that was intended to help New York recover from 
the terrorist attacks on September 11. The bill before the House today 
breaks the solemn pledge; not only breaks it but repudiates the solemn 
pledge made to the people of the State that suffered the brunt of the 
attack on our Nation. It amends the bill passed by this House in 
September and signed into law by the President in September that 
appropriated $40 billion, and that said at least half that $40 billion 
had to be used for reconstruction and recovery efforts in the States of 
New York, Pennsylvania, and Virginia.
  This supplemental bill, included in this appropriations bill, welshes 
on that pledge and actually amends the law to cut that funding roughly 
in half to about $10 billion. This is outrageous and, quite frankly, 
shocking to those of us who represent districts that took the brunt of 
the attack on September 11 and are still suffering from it.
  For that reason, I will vote against this bill, though I support the 
other

[[Page 23199]]

provisions, and I had hoped to be able to vote for the first time for a 
defense appropriation bill. But because of the cutting in half of 
funding to New York, Virginia, and Pennsylvania in the supplemental 
portion of this bill, I am going to have to vote against it, quite 
reluctantly.
  Mr. LEWIS of California. Mr. Chairman, I ask unanimous consent that 
the remainder of the bill, through page 138, line 7, be considered as 
read, printed in the Record, and open to amendment at any point.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
California?
  Mr. FILNER. Mr. Chairman, reserving the right to object, I have an 
amendment on page 132 which I need to do before the gentleman moves on.
  The CHAIRMAN. It is the Chair's understanding that the gentleman from 
California (Mr. Filner) would be able to offer the amendment if there 
was unanimous consent to the request of the gentleman from California 
(Mr. Lewis).
  Mr. LEWIS of California. I will have to raise a point of order on the 
amendment.
  Mr. FILNER. I understand, but I wanted to be sure I could offer the 
amendment on page 132 under the gentleman's unanimous consent request.
  Mr. Chairman, I withdraw my reservation of objection.
  The CHAIRMAN. Without objection, the bill is open for amendment 
through title IX.
  There was no objection.
  The text of the bill from page 132, line 16, through page 138, line 
7, is as follows:

                                TITLE IX

   COUNTER-TERRORISM AND DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

        Counter-Terrorism and Operational Response Transfer Fund


                     (including transfer of funds)

       For urgent enhancements to intelligence and military 
     capabilities in order to prosecute Operation ENDURING 
     FREEDOM; to discover, infiltrate, and deter terrorist groups; 
     to protect against terrorist attacks that might employ either 
     conventional means or weapons of mass destruction, and to 
     prepare against the consequences of such attacks; to deny 
     unauthorized users the opportunity to modify, steal, 
     inappropriately disclose, or destroy sensitive military 
     intelligence data or networks, and to accelerate improvements 
     in information networks and operations, $1,670,000,000, to 
     remain available until expended, of which $451,000,000 shall 
     be made available to the Director of Central Intelligence, 
     and of which $1,219,000,000 shall be made available to the 
     Secretary of Defense: Provided, That of the amounts made 
     available under this heading for the Department of Defense, 
     $474,000,000 is available only for improving chemical and 
     biological defense capabilities of the Department of Defense: 
     Provided further, That of the amounts made available under 
     this heading for the Department of Defense, $275,000,000 is 
     available only for improving the effectiveness of Department 
     of Defense and intelligence agency capabilities in the areas 
     of information assurance, critical infrastructure protection, 
     and information operations: Provided further, That in order 
     to carry out the specified purposes under this heading, funds 
     made available under this heading may be transferred to any 
     appropriation account otherwise enacted by this Act: 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 under 
     this heading 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 excess for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation: Provided further, That of the 
     amounts provided under this heading, $10,000,000 shall be 
     transferred to the Department of Justice, only for enhanced 
     terrorism-related financial and money laundering 
     investigation operations: Provided further, That 
     notwithstanding any other provision of law, of the amounts 
     provided under this heading, the Secretary of Defense is 
     authorized to transfer $70,000,000 to other activities of the 
     Federal Government: Provided further, That within 90 days of 
     enactment of this Act, the Secretary of Defense and the 
     Director of Central Intelligence shall each provide to the 
     Congress a classified report specifying the projects and 
     accounts to which funds provided under this heading are to be 
     transferred.

                  Former Soviet Union Threat Reduction

       For assistance to the republics of the former Soviet Union, 
     including assistance provided by contract or by grants, for 
     facilitating the elimination and the safe and secure 
     transportation and storage of nuclear, chemical and other 
     weapons; for establishing programs to prevent the 
     proliferation of weapons, weapons components, and weapon-
     related technology and expertise; for programs relating to 
     the training and support of defense and military personnel 
     for demilitarization and protection of weapons, weapons 
     components and weapons technology and expertise, and for 
     defense and military contacts, $403,000,000, to remain 
     available until September 30, 2004.

          Procurement, Ballistic Missile Defense Organization


                     (including transfer of funds)

       For expenses of the Ballistic Missile Defense Organization 
     necessary for procurement, production, and modification of 
     equipment, supplies, materials, and spare parts therefor, not 
     otherwise provided for; expansion of public and private 
     plants, equipment, and installation thereof in such plants, 
     erection of structures, and acquisition of land for the 
     foregoing purposes, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; reserve plant and Government and 
     contractor-owned equipment layaway, $794,557,000, to remain 
     available for obligation until September 30, 2004: Provided, 
     That funds provided under this heading may be used for 
     procurement of critical parts for Patriot Advanced 
     Capability-3 (PAC-3) missiles to support production of such 
     missiles in future fiscal years.

 Research, Development, Test and Evaluation, Ballistic Missile Defense 
                              Organization


                         (including rescission)

       For expenses of the Ballistic Missile Defense Organization 
     necessary for basic and applied scientific research, 
     development, test and evaluation; advanced research projects 
     as may be designated and determined by the Secretary of 
     Defense, pursuant to law; maintenance, rehabilitation, lease, 
     and operation of facilities and equipment, $7,053,721,000, to 
     remain available for obligation until September 30, 2003: 
     Provided, That for funds provided under this heading the 
     minimum amount applicable under section 9(f)(1)(C) of the 
     Small Business Act (15 U.S.C. 638(f)(1)(C)) shall be 
     $75,000,000 (in lieu of the amount otherwise applicable under 
     that section): Provided further, That of the funds provided 
     in the Department of Defense Appropriations Act, 2001 (Public 
     Law 106-259), the amount of $73,800,000 is hereby rescinded 
     from the ``Procurement, Defense-Wide, 2001/2003'' account.

     Defense Against Chemical and Biological Weapons, Defense-Wide

       For expenses, not otherwise provided for, for chemical and 
     biological weapon defense programs of the Department of 
     Defense, as authorized by law, $1,065,940,000, of which 
     $363,709,000 shall be for Procurement, to remain available 
     for obligation until September 30, 2004, and $702,231,000 
     shall be for Research, Development, Test and Evaluation, to 
     remain available for obligation until September 30, 2003.

                    Defense Threat Reduction Agency

       For expenses, not otherwise provided for, for the Defense 
     Threat Reduction Agency of the Department of Defense, as 
     authorized by law, $806,471,000, of which $305,393,000 shall 
     be for Operation and Maintenance, of which $50,000,000 shall 
     be available only to initiate a multi-year demonstration 
     program at four military installations to install, operate, 
     and evaluate a network of sensors to protect installations 
     against unconventional nuclear threats in accordance with the 
     deployment recommendations of the Defense Science Board Task 
     Force on Unconventional Nuclear Warfare Defense; $20,325,000 
     shall be for Procurement, to remain available for obligation 
     until September 30, 2004; and $480,753,000 shall be for 
     Research, Development, Test and Evaluation to remain 
     available for obligation until September 30, 2003, of which 
     $25,000,000 shall be available only for research and 
     development of systems to support the protection of military 
     installations against unconventional nuclear threats in 
     accordance with the recommendations of the Defense Science 
     Board Task Force on Unconventional Nuclear Warfare Defense.


                    Amendment Offered by Mr. Filner

  Mr. FILNER. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Filner:
       Page 132, after line 15, insert the following:

     SEC. 8156. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS 
                   PERFORMING ACTIVE MILITARY SERVICE AS A RESERVE 
                   OF THE ARMED FORCES OR MEMBER OF THE NATIONAL 
                   GUARD.

       (a) In General.--Subchapter IV of chapter 55 of title 5, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 5538. Nonreduction in pay while serving on active duty 
       as a Reserve or National Guard member

       ``(a) An employee who is absent from a position of 
     employment with the Federal Government in order to perform 
     active military

[[Page 23200]]

     service as a Reserve of the armed forces or member of the 
     National Guard shall be entitled to receive, for each pay 
     period described in subsection (b), an amount equal to the 
     amount by which--
       ``(1) the amount of basic pay which would otherwise have 
     been payable to such employee for such pay period if such 
     employee's civilian employment with the Government had not 
     been interrupted by that military service, exceeds (if at 
     all)
       ``(2) the amount of pay and allowances which (as determined 
     under subsection (d))--
       ``(A) is payable to such employee for such active military 
     service; and
       ``(B) is allocable to such pay period.
       ``(b)(1) Amounts under this section shall be payable with 
     respect to each pay period (which would otherwise apply if 
     the employee's civilian employment had not been 
     interrupted)--
       ``(A) during which such employee is entitled to 
     reemployment rights under chapter 43 of title 38 with respect 
     to the position from which such employee is absent (as 
     referred to in subsection (a)); and
       ``(B) for which such employee does not otherwise receive 
     basic pay (including by taking any annual, military, or other 
     paid leave) to which such employee is entitled by virtue of 
     such employee's civilian employment with the Government.
       ``(2) For purposes of this section, the period during which 
     an employee is entitled to reemployment rights under chapter 
     43 of title 38--
       ``(A) shall be determined disregarding the provisions of 
     section 4312(d) of title 38; and
       ``(B) shall include any period of time specified in section 
     4312(e) of title 38 within which an employee may report or 
     apply for employment or reemployment following completion of 
     military service.
       ``(c) Any amount payable under this section to an employee 
     shall be paid--
       ``(1) by such employee's employing agency;
       ``(2) from the appropriation or fund which would be used to 
     pay the employee if such employee were in a pay status; and
       ``(3) to the extent practicable, at the same time and in 
     the same manner as would basic pay if such employee's 
     civilian employment had not been interrupted.
       ``(d) The Office of Personnel Management shall, in 
     consultation with Secretary of Defense, prescribe any 
     regulations necessary to carry out the preceding provisions 
     of this section.
       ``(e) The head of each agency referred to in section 
     2302(a)(2)(C)(ii) shall, in consultation with the Office, 
     prescribe procedures to ensure that the rights under this 
     section apply to the employees of such agency.
       ``(f) For purposes of this section--
       ``(1) the terms `employee' and `Federal Government' have 
     the same respective meanings as given them in section 4303 of 
     title 38;
       ``(2) the term `active military service' has the meaning 
     given the term `active service' in section 101 of title 10;
       ``(3) the term `employing agency', as used with respect to 
     an employee entitled to any payments under this section, 
     means the agency or other entity of the Government (including 
     an agency referred to in section 2302(a)(2)(C)(ii)) with 
     respect to which such employee has reemployment rights under 
     chapter 43 of title 38; and
       ``(4) the term `basic pay' includes any amount payable 
     under section 5304.''.
       (b) Continued Eligibility for Health Benefits.--
       (1) In general.--Section 8906 of title 5, United States 
     Code, is amended--
       (A) by striking ``(e)(1)(A) An'' and inserting 
     ``(e)(1)(A)(i) Except as provided in clause (ii), an'';
       (B) by inserting after subsection (e)(1)(A)(i) (as so 
     redesignated by subparagraph (A)) the following:
       ``(ii) In the case of an employee enrolled in a health 
     benefits plan under this chapter who enters into leave 
     without pay status in order to perform active military 
     service as a Reserve of the armed forces or member of the 
     National Guard, such employee shall, if and while such 
     employee is entitled to nonreduction in pay under section 
     5538 (whether or not any amount is actually payable to such 
     employee under such section) remain eligible for continued 
     coverage under this paragraph, for himself and members of his 
     family--
       ``(I) for the period allowable under clause (i), or
       ``(II) for so long as such employee remains so entitled to 
     nonreduction in pay under section 5538,

     whichever is longer.'';
       (C) in subsection (e)(1)(B) by striking ``and'' at the end 
     of clause (i), by striking the period at the end of clause 
     (ii) and inserting ``; and'', and by adding after clause (ii) 
     the following:
       ``(iii) in the case of an employee described in 
     subparagraph (A)(ii), the employee contributions required by 
     this section shall be withheld from any amounts payable to 
     such employee under section 5538.''; and
       (D) by adding at the end of subsection (e)(1) the 
     following:
       ``(D) The procedures referred to in subparagraphs (B)(ii) 
     and (C) shall, in the case of an employee described in 
     subparagraph (A)(ii), be available to the extent that any 
     amount payable to such employee under section 5538 is 
     insufficient to cover the withholdings required to be made 
     under subparagraph (B)(iii).''.
       (2) Definitions.--For purposes of the amendment made by 
     paragraph (1), the terms ``employee'' and ``active military 
     service'' have the same respective meanings as given them in 
     section 5538 of title 5, United States Code (as amended by 
     subsection (a)).
       (c) Clerical Amendment.--The table of sections for chapter 
     55 of title 5, United States Code, is amended by inserting 
     after the item relating to section 5537 the following:

``5538. Nonreduction in pay while serving on active duty as a Reserve 
              or National Guard member.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to pay periods (as described in 
     section 5538(b) of title 5, United States Code, as amended by 
     this section) beginning on or after September 11, 2001.

  Mr. FILNER (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
California?
  There was no objection.
  Mr. LEWIS of California. Mr. Chairman, I reserve a point of order on 
the amendment.
  The CHAIRMAN. The gentleman reserves a point of order. The gentleman 
from California (Mr. Filner) is recognized for 5 minutes.
  Mr. FILNER. Mr. Chairman, all across this country, reservists have 
been called up to defend this Nation. They are doing this because they 
are patriotic Americans. They do it willingly, and our country is 
indebted to them. But these reservists face critical problems with 
their budgets back home.
  I have gotten letters, very emotional letters, from families, and I 
am sure every Member has, that say, for example, ``My husband is a U.S. 
Border Patrol agent and a reservist. On the evening of October 1, he 
was called to duty and ordered to report for active duty on the next 
day, October 2.'' She writes, ``I clearly understand this country is 
headed for very stressful, difficult and unpredictable times, and it is 
our duty to serve. But we have three children ages 1, 6 and 8, and our 
6-year-old is autistic and has special needs. At this point, the 
country is not willing to provide me with enough money to meet his 
needs for the next 11 months. I cannot afford any out-of-pocket money 
to provide him any additional income.''
  There are other letters from people who face losing their homes 
because they cannot keep up with the mortgage, they cannot keep their 
children in school because of the sudden reduction in their take-home 
pay.
  My amendment says that for Federal employees, this Nation ought to 
make up the difference between their pay as a reservist and their pay 
in their normal job. This is absolutely critical to the budgets of 
people all across this country. And not only will it prevent those 
families from themselves becoming victims of the terrorist attack but 
will certainly improve the morale of all of our fighting forces.
  Now, many of my colleagues know that municipalities across this 
country, and States, many private corporations, make up the difference 
between the pay they had before they went on call and the pay they 
receive while on duty at the present time. But the Federal Government 
does not. My amendment says let us make up the difference between 
regular Federal pay and the Reserve and Guard pay.

                              {time}  1400

  If their active duty lasts for a length of time that would normally 
preclude their continuation in the Federal health plan, my amendment 
would allow these Guard and Reserve members to continue paying their 
portion of Federal health care rather than moving their families to the 
Tricare military family health care system.
  This is the least we can do for Guard and reservists who have 
unselfishly committed themselves to serving our country at a moment's 
notice. Their service makes our military function smoothly. But the 
Federal Government ought to do for our reservists and Guard members 
what other employers across this country are doing, continuing their 
regular pay. I ask Members' support for this amendment.

[[Page 23201]]

  Let me read from another constituent of mine in support of this 
amendment: ``In civilian employment my husband is a Federal agent in 
the United States Border Patrol. Due to his full-time military 
activation, we will be receiving a substantial loss in income, 50 
percent reduction, in fact. It will be extremely difficult for our 
family to continue to pay our existing bills. As per the Soldiers and 
Sailors Relief Act, I have requested our creditors to lower their 
interest rates no more than 6 percent. My husband and I have worked 
very hard to this point in our lives. We are home owners with a very 
large mortgage payment. Our current interest rate is 7.75 percent.''
  The CHAIRMAN. The gentleman's time has expired.
  Mr. LEWIS of California. Mr. Chairman, I move to strike the last 
word.
  Mr. Chairman, I say to the gentleman from California (Mr. Filner) 
that which I have heard him describe of his amendment I would be very 
empathetic to, I believe. It seems very logical to me; but since it has 
implications in terms of cost that could put the whole bill in jeopardy 
potentially, and the same people the gentleman is talking about could 
be dramatically affected by that, and since the gentleman has not 
discussed this matter with me at any time, I do not know about the 
ranking member, but me at any time, I am afraid I must be constrained 
to object.


                             Point of Order

  The CHAIRMAN. Does the gentleman insist on his point of order?
  Mr. LEWIS of California. I do.
  Mr. FILNER. Mr. Chairman, can the Chair explain the point of order? I 
would like to respond to it.
  The CHAIRMAN. Would the gentleman from California (Mr. Lewis) please 
state his point of order.
  Mr. LEWIS of California. Mr. Chairman, I made a point of order 
against the amendment because it proposes to change existing law and 
continues legislation in an appropriations bill, and therefore violates 
clause 2 of rule XXI.
  The CHAIRMAN. Does the gentleman from California wish to be heard on 
the point of order?
  Mr. FILNER. I do, Mr. Chairman.
  The CHAIRMAN. The gentleman may proceed.
  Mr. FILNER. Mr. Chairman, I understand the point of order and I 
understand the technicality. We are in emergency, Mr. Chairman. These 
issues come to us very quickly. When my constituents were called up a 
few weeks ago, I do not have time to go through our normal processes. 
The gentleman knows that there are dozens of things in this bill that 
legislate on the appropriations bill. Let us not use a technicality to 
say to our reservists that they cannot keep their families in their 
homes, keep their kids in schools, keep their kids getting medical 
attention. I would say to the gentleman this is an emergency, let us 
not go on a technicality. I would hope that we would respect the 
fighting forces, the fighting capability of our Reserve units and 
accept this amendment.
  The CHAIRMAN. The Chair is prepared to rule on the point of order.
  The Chair finds that this amendment directly amends existing law. The 
amendment, therefore, constitutes legislation in violation of clause 2 
of rule XXI. The point of order is sustained, and the amendment is not 
in order.
  Mr. FILNER. Mr. Chairman, I appeal the ruling of the Chair given the 
fact that we have an emergency situation here and my constituents are 
in a disastrous situation. I would challenge the ruling of the Chair.
  The CHAIRMAN. The question is, Shall the decision of the Chair stand 
as the judgment of the Committee?
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.
  Mr. FILNER. Mr. Chairman, I demand a recorded vote, and pending that, 
I make the point of order that a quorum is not present.
  The CHAIRMAN. Evidently a quorum is not present.
  Pursuant to clause 2, rule XXI, the Chair announces that he will 
reduce to a minimum of 5 minutes the period of time within which a vote 
by electronic device, if ordered, will be taken on the pending question 
following the quorum call.
  Members will record their presence by electronic device.
  The call was taken by electronic device.
  The following Members responded to their names:

                             [Roll No. 455]

                       ANSWERED ``PRESENT''--409

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

[[Page 23202]]


     Walden
     Walsh
     Wamp
     Waters
     Watkins (OK)
     Watson (CA)
     Watt (NC)
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

                             NOT VOTING--23

     Carson (IN)
     Cubin
     Davis, Tom
     DeFazio
     DeLay
     Dooley
     Ford
     Frank
     Frost
     Gekas
     Gutierrez
     Kennedy (RI)
     Maloney (CT)
     Moran (VA)
     Obey
     Ose
     Oxley
     Quinn
     Slaughter
     Smith (MI)
     Stark
     Watts (OK)
     Wexler

                              {time}  1428

  The CHAIRMAN. Four hundred nine Members have answered to their names, 
a quorum is present, and the Committee will resume its business.


                             Recorded Vote

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the question of whether the decision of the Chair will stand as the 
judgment of the Committee.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 275, 
noes 141, not voting 17, as follows:

                             [Roll No. 456]

                               AYES--275

     Abercrombie
     Aderholt
     Akin
     Andrews
     Armey
     Bachus
     Baker
     Baldacci
     Ballenger
     Barcia
     Barr
     Bartlett
     Barton
     Bass
     Bereuter
     Biggert
     Bilirakis
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (FL)
     Brown (SC)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capuano
     Cardin
     Castle
     Chabot
     Chambliss
     Coble
     Collins
     Combest
     Cooksey
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Culberson
     Cunningham
     Davis (FL)
     Davis, Jo Ann
     Deal
     DeMint
     Diaz-Balart
     Dicks
     Doggett
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Ehlers
     Emerson
     English
     Evans
     Everett
     Fattah
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Fossella
     Frank
     Gallegly
     Ganske
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goode
     Goodlatte
     Goss
     Graham
     Granger
     Graves
     Green (TX)
     Green (WI)
     Greenwood
     Grucci
     Gutknecht
     Hall (TX)
     Hansen
     Hart
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hill
     Hilleary
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Horn
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kerns
     Kilpatrick
     King (NY)
     Kingston
     Kirk
     Knollenberg
     Kolbe
     LaHood
     Lampson
     Largent
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lucas (KY)
     Lucas (OK)
     Manzullo
     Mascara
     McCrery
     McHugh
     McInnis
     McKeon
     Meek (FL)
     Mica
     Miller, Dan
     Miller, Gary
     Miller, Jeff
     Mollohan
     Moore
     Moran (KS)
     Morella
     Murtha
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Obey
     Ortiz
     Osborne
     Ose
     Otter
     Pascrell
     Pastor
     Paul
     Pence
     Peterson (PA)
     Phelps
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Portman
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reyes
     Reynolds
     Riley
     Roemer
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Rothman
     Roukema
     Royce
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sawyer
     Saxton
     Schaffer
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skeen
     Skelton
     Smith (NJ)
     Smith (TX)
     Snyder
     Souder
     Stearns
     Stenholm
     Stump
     Stupak
     Sununu
     Sweeney
     Tancredo
     Tanner
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Tiberi
     Toomey
     Traficant
     Upton
     Visclosky
     Vitter
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson
     Wolf
     Wu
     Young (AK)
     Young (FL)

                               NOES--141

     Ackerman
     Allen
     Baca
     Baird
     Baldwin
     Barrett
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Bishop
     Blagojevich
     Blumenauer
     Bonior
     Brown (OH)
     Capps
     Carson (OK)
     Clay
     Clayton
     Clement
     Clyburn
     Condit
     Conyers
     Coyne
     Crowley
     Cummings
     Davis (CA)
     Davis (IL)
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dingell
     Edwards
     Engel
     Eshoo
     Etheridge
     Farr
     Filner
     Gephardt
     Gordon
     Gutierrez
     Hall (OH)
     Harman
     Hastings (FL)
     Hilliard
     Hinchey
     Holt
     Honda
     Hooley
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kennedy (RI)
     Kildee
     Kind (WI)
     Kleczka
     Kucinich
     LaFalce
     Langevin
     Lantos
     Larsen (WA)
     Lee
     Levin
     Lewis (GA)
     Lofgren
     Lowey
     Luther
     Lynch
     Maloney (NY)
     Markey
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meeks (NY)
     Menendez
     Millender-McDonald
     Miller, George
     Mink
     Moran (VA)
     Nadler
     Napolitano
     Neal
     Oberstar
     Olver
     Owens
     Pallone
     Payne
     Pelosi
     Peterson (MN)
     Price (NC)
     Rivers
     Rodriguez
     Ross
     Roybal-Allard
     Rush
     Sanchez
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott
     Serrano
     Sherman
     Shows
     Smith (WA)
     Solis
     Spratt
     Stark
     Strickland
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Velazquez
     Waters
     Watson (CA)
     Watt (NC)
     Waxman
     Weiner
     Woolsey
     Wynn

                             NOT VOTING--17

     Carson (IN)
     Cubin
     Davis, Tom
     DeFazio
     DeLay
     Dooley
     Ehrlich
     Ford
     Frelinghuysen
     Frost
     Maloney (CT)
     Oxley
     Petri
     Quinn
     Slaughter
     Smith (MI)
     Wexler

                              {time}  1438

  Ms. LOFGREN, Mr. CONDIT and Mr. THOMPSON of California changed their 
vote from ``aye'' to ``no.''
  Mr. SKELTON, Mr. VISCLOSKY and Mr. LUCAS of Kentucky changed their 
vote from ``no'' to ``aye.''
  So the decision of the Chair stands as the judgment of the Committee.
  The result of the vote was announced as above recorded.


                Amendment No. 6 Offered by Mr. Kucinich

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

       Amendment No. 6 offered by Mr. Kucinich:
       Page 133, lines 7 and 9, after each dollar amount, insert 
     the following: ``(increased by $289,000,000)''.
       Page 136, line 13, after the dollar amount, insert the 
     following: ``(reduced by $786,485,000)''.

  Mr. LEWIS of California. Mr. Chairman, I reserve a point of order 
against the amendment.
  The CHAIRMAN. The gentleman reserves a point of order against the 
amendment.
  The gentleman from Ohio (Mr. Kucinich) is recognized for 5 minutes.
  Mr. KUCINICH. Mr. Chairman, I recognize the chairman's point of 
order; and at the appropriate time, I will make a unanimous consent 
request.


                         Parliamentary Inquiry

  Mr. SPRATT. Mr. Chairman, I have a parliamentary inquiry.
  The CHAIRMAN. The gentleman will state it.
  Mr. SPRATT. Could the Chair inform the House at what page we are in 
the bill?
  The CHAIRMAN. Title IX is open to amendment at any point.
  Mr. KUCINICH. Mr. Chairman, the Kucinich-Lee counterterrorism 
amendment to H.R. 3338, Department of Defense appropriations, increases 
money for counterterrorism, significantly increases funding for anthrax 
and smallpox vaccine production, $82 million, and provides for a mass 
destruction civil support team in every State.
  It significantly boosts the Nunn-Lugar counterproliferation program 
to help secure tons of biological, chemical, and nuclear weapons 
material in the former Soviet Union, and the offset is $78 million out 
of the $8 billion for ballistic missile defense, less than a 10 percent 
cut.
  It cuts funding for construction for Fort Greely, where initial 
deployment threatens the ABM treaty. This transfer is the most allowed 
under budget scoring rules.
  Mr. Chairman, I think it is very important that at this time we take 
a stand to recognize the importance of

[[Page 23203]]

the ABM treaty. The deployment of this program would threaten that 
treaty. I think it is important that we take a stand to put more funds 
into counterterrorism. That is the spirit of this amendment.
  Mr. Chairman, I yield back the balance of my time.
  Ms. LEE. Mr. Chairman, I rise in support of the amendment.
  Mr. Chairman, I rise in strong support today of this amendment to 
address our most urgent security needs by increasing funding for 
counterterrorism programs, to protect Americans from nuclear, chemical, 
and biological weapons. They are the threats that we face today, this 
very minute; and we have many ideas on how to address them.
  The Bipartisan Russia Task Force, chaired by Howard Baker and Lloyd 
Cutler, spelled out these dangers in January and they spelled out the 
recommendations. They concluded that current budget levels for our 
nonproliferation programs create the potential for catastrophic 
consequences, and we have already seen what a handful of anthrax-laden 
letters can do. Think about the danger posed by tons of biological, 
chemical, and nuclear weapons.

                              {time}  1445

  We now have the opportunity to forge a new relationship with Russia 
and other former Soviet Union States as we work together to fight 
terrorism. But that opportunity requires a real investment in joint 
security efforts to safeguard these weapons and the scientists who 
might be tempted to sell their knowledge to the highest bidder. Nunn-
Lugar is a crucial bipartisan program that should be expanded and 
coordinated into a comprehensive strategic plan to eliminate these 
stockpiles of destruction. These dangers are imminent.
  For all of these reasons, I support increasing funding for 
antiterrorism programs in the Kucinich amendment. This amendment 
redirects a fraction of the billions allocated to ballistic missile 
defense in order to address dangers that are clear and immediate with 
solutions that are also clear and immediate. This amendment seeks to 
strengthen our defenses at home by transferring $82 million to produce 
anthrax and smallpox vaccines, to develop next-generation vaccines, and 
to work on methods to counter other biological weapons. The threat of 
bioterrorism is a reality, and we are not ready for it. We lack the 
vaccines, the health infrastructure, and the defenses to protect 
American men, women and children.
  This amendment will also direct money to Weapons of Mass Destruction 
Civil Support Teams. We must be able to react to crises as they occur. 
Nearly half of our States do not have civil support teams to deal with 
these dangers, so as we respond to the atrocities of September 11, we 
must reconstruct the architecture of our national security. We must 
invest in securing and dismantling Cold War-era weapons of mass 
destruction before they are turned against us in this new century by 
our new enemies, and we must invest in defenses here at home against 
biological terrorism.
  Mr. Chairman, I urge my colleagues to make this investment, and I 
urge my colleagues to support this amendment.
  Mr. DICKS. Mr. Chairman, The Kucinich-Lee amendment has a laudable 
goal, to increase funding for counter terrorism. I agree with the 
priorities indicated by the amendment, counter terrorism is more 
important than missile defense. But, the amendment is fatally flawed in 
terms of policy and funding.
  It cuts a half billion dollars from the Defense bill without 
replacement. This cut to Defense is unacceptable, especially at this 
time.
  The amendment would cut the funding for a proposed test launch 
facility at Kodiak Island. This facility will allow DOD to perform 
tests which are more rigorous and realistic than those possible at 
current test sites at Kwajalein and Vandenberg. It also cuts funding to 
upgrade the sensors and launch capabilities at Kwajalein and Vandenberg 
which will hinder rigorous missile defense testing.
  Because of its cuts to Kodiak, Kwajalein and Vandenberg, the 
amendment reduces the level of testing of missile defense technology 
when the right thing to do is increase the level of testing of these 
technologies for the very reason that they are not yet mature.
  Opposition to this amendment does not indicate support for the entire 
Pacific Testbed as proposed by the administration. The proposed 
construction at Ft. Greely remains premature, unnecessary, and 
unwarranted by the state of missile defense technology. However, this 
amendment cuts needed facilities in addition to the Ft. Greely 
construction.
  Mr. Lewis and Mr. Murtha have negotiated responsible cuts to the 
administration's request for missile defense totaling over $500 
million. While I agree that some more cuts are warranted, this 
amendment goes too far.
  Mr. LEWIS of California. Mr. Chairman, I move to strike the requisite 
number of words.
  It is my intention to reserve a point of order, but I understand that 
the gentleman from Ohio (Mr. Kucinich) would like to be recognized for 
a unanimous consent request, and so I yield to the gentleman.
  Mr. KUCINICH. Mr. Chairman, I thank the gentleman.
  Mr. KUCINICH. Mr. Chairman, respecting the point of order that the 
Chair has raised, I ask unanimous consent to withdraw the amendment.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Ohio?
  There was no objection.


                    Amendment Offered by Mr. Spratt

  Mr. SPRATT. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Spratt:
       Page 136, line 13, after the dollar amount, insert the 
     following: ``(increased by $360,000,000) (reduced by 
     $360,000,000)''.

  Mr. SPRATT. Mr. Chairman, this bill increases missile defense by $2.6 
billion to $2.7 billion, 50 percent over last year's level, but it ends 
a system that everyone has long thought essential to missile defense, 
and that is a program called ``SBIRS-Low,'' for Space-Based Infrared 
Sensors.
  Ever since the beginning of SDI, space-based sensors have been a key 
element of the architecture. Their role is to pick up the oncoming 
reentry vehicles, shortly after they are launched, well over radar's 
horizon, track them, plot the trajectory, project their aim points, and 
watch for features that distinguish the real RVs from decoys. Over the 
last 18 years, ballistic missile defense has evolved through various 
options to a system called SBIRS-Low to handle this mission. These are 
satellite sensors in low-Earth orbit, some 18 to 30 in all, depending 
on the configuration, and they are on constant patrol or will be, once 
launched, in circling the globe.
  Now comes this bill and, out of the blue, kills SBIRS-Low, a program 
some 6 or 7 years old. My amendment would bring it back, restore 
funding to the level that was approved by the House Committee on Armed 
Services and by the Senate Armed Services Committee, to $360 million, 
which is $25 million below the President's request.
  While this bill terminates SBIRS-Low, it recognizes the critical need 
for such a system. In fact it directs the Department of Defense to 
start over, to set up two new R&D programs, where $250 million would go 
to a space-based alternative, $75 million would go into ground-based 
alternatives, which would probably be X-band radars. My amendment, as I 
said, reverses this action and restores funding to SBIRS-Low.
  Let me explain why SBIRS-Low is critical to national missile defense 
but also to theater missile defense. First of all, SBIRS-Low allows a 
mid-course interceptor to make the most of its biggest advantage, which 
is time. The mid-course takes as much as 30 minutes during which an RV 
moves in its trajectory toward its target. Without satellite sensors 
over the horizon, radar gives missile defenses about half this amount 
of time to track, to launch, and to make the intercept. This is 
precious time. It could easily make the difference between success and 
failure.

[[Page 23204]]

  Second, infrared sensors not only detect heat, but changes in heat, 
something radars cannot do. Many countermeasures like decoys and 
balloons lose heat faster than do reentry vehicles, so SBIRS-Low 
becomes the first device we have to detect these changes and 
discriminate between real RVs as opposed to decoys and countermeasures.
  Third, ground-based systems will have X-band radar to help them track 
their incoming radar, but X-band radar is not a volume search radar; it 
emits a beam that provides high-resolution feedback, but it is a 
pencil-point beam. It is very narrow. SBIRS-Low spares the X-band radar 
from having to scan the skies and directs it precisely to its target. 
This makes X-band radar more efficient and effective and reduces the 
so-called ``engagement box'' to which the kill vehicle is launched, 
which increases the probability of an intercept.
  Finally, SBIRS-Low provides redundancy. It provides several different 
modes for detecting oncoming systems and it also provides backup in 
case the radar is not working.
  Now, I would hasten to say all of these features have yet to be 
proven, but the system is well along, the potential has been 
demonstrated. If it is not in hand, it appears to be within reach, and 
this is why SBIRS-Low is crucial, critical, for ground-based defenses, 
but it pays for itself in other ways, too:
  Theater missile defense. It expands the reach of THAAD in the Navy's 
upper tier. Second, at the same time that SBIRS-Low is on station, it 
can pick up some very useful technical intelligence data. Third, it can 
do miscellaneous other things. It can look for objects in space that 
might be on a collision course with our satellites and report that back 
to us.
  The committee bases its decision to terminate this in large part on 
an unreleased study that is still in draft at the Institute for Defense 
Analysis. I met with the author of this study, along with the gentleman 
from Pennsylvania (Mr. Weldon) and the gentleman from California (Mr. 
Hunter), and it seems to me, in all due respect, that the information 
in the draft report given to the Subcommittee on Defense was in large 
part beyond its means. The subcommittee appears to me to be 
extrapolating from a worst-case scenario to a judgment on the system in 
all scenarios.
  In particular, part of the IDA report examined one specific national 
missile attack, the most sophisticated of all scenarios, and assumed a 
minimum SBIRS-Low capability. It then compared SBIRS-Low in what 
amounts to a worst-case capability scenario to an alternative 
consisting of ground-based radars spread throughout the world. This 
assumed, of course, that the U.S. would have no difficulty in obtaining 
these ground-based radars. In any event, it ignored many other 
scenarios where SBIRS-Low is cost effective, very effective, and it 
ignored all the other missions that SBIRS-Low can perform.
  The committee is also concerned about cost growth.
  The CHAIRMAN. The time of the gentleman from South Carolina (Mr. 
Spratt) has expired.
  (By unanimous consent, Mr. SPRATT was allowed to proceed for 1 
additional minute.)
  Mr. SPRATT. Mr. Chairman, let me just quickly say the Air Force 
originally assumed 21 satellites; it has now gone to 30. Get ready, 
this is going to be what happens to all of these component missile 
defense systems as it gets closer and closer, and the real cost is 
going up.
  Mr. MURTHA. Mr. Chairman, will the gentleman yield?
  Mr. SPRATT. I yield to the gentleman from Pennsylvania.
  Mr. MURTHA. Mr. Chairman, the gentleman has made some good points and 
we are certainly going to take a look at this. As he says, we have 
based this on carefully conforming to a cut that we thought would not 
harm it, but we are certainly going to take a look at the information 
that he has given to us.
  Mr. SPRATT. Mr. Chairman, I thank the gentleman. I was going to say 
to the distinguished chairman of this subcommittee, for whom I have 
great respect, I know the gentleman made a principal decision here. I 
hope he will go back and consider it again before the conference is 
out, talk to the folks at IDA and talk to the folks at BPDO.
  Mr. LEWIS of California. Mr. Chairman, will the gentleman yield?
  Mr. SPRATT. I yield to the gentleman from California.
  Mr. LEWIS of California. Mr. Chairman, by way of responding to the 
gentleman, I very much appreciate the professional way the gentleman is 
addressing this very important issue. As the gentleman knows, I have 
been a long-term supporter of this idea, this technology. We now think 
it is important that we emphasize the research side because we see the 
possibility of some rush to failure here. But in the meantime, it is 
not our intent to kill this program, and we appreciate the gentleman's 
cooperation.
  Mr. SPRATT. Mr. Chairman, I thank the gentleman for his assurance.
  Mr. Chairman, I ask unanimous consent to withdraw my amendment.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
South Carolina?
  There was no objection.


                    Amendment Offered by Mr. Gilman

  Mr. GILMAN. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Gilman:
       At the end of division A, insert after the last section 
     (preceding the short title) the following:

                TITLE IX--ADDITIONAL GENERAL PROVISIONS

     SEC. 9001. SHORT TITLE.

       This title may be cited as the ``Afghanistan Freedom Act of 
     2001''.

     SEC. 9002. UNITED STATES POLICY TOWARD AFGHANISTAN.

       It should be the policy of the United States to promote the 
     removal from power of the Taliban regime in Afghanistan so as 
     to diminish the risk of future terrorist attack on the United 
     States and restore basic human freedoms to the people of 
     Afghanistan.

     SEC. 9003. AUTHORITY TO PROVIDE MILITARY ASSISTANCE.

       (a) In General.--
       (1) Types of assistance.--(A) To the extent funds are 
     appropriated in any fiscal year for these purposes, the 
     President may provide, on such terms and conditions as he may 
     determine, defense articles, defense services, and other 
     support (including training) to eligible Afghan resistance 
     organizations, entities, and individuals, eligible foreign 
     countries, and eligible international organizations.
       (B) The President is authorized to direct the drawdown of 
     defense articles, defense services, and military education 
     and training for eligible Afghan resistance organizations, 
     entities, and individuals, eligible foreign countries, and 
     eligible international organizations.
       (C) The Secretary of Defense is authorized to reimburse any 
     eligible foreign country or eligible international 
     organization for supplies, services, or other support 
     provided by such country or organization between September 
     11, 2001, and the date of the enactment of this Act in 
     support of United States activities authorized under Public 
     Law 107-40.
       (D) The assistance authorized under subparagraphs (A) and 
     (B) and under the Iraq Liberation Act of 1998 (Public Law 
     105-338) may include the supply of defense articles, defense 
     services, other support, and military education and training 
     that are acquired by contract or otherwise.
       (2) Amount of assistance.--The aggregate value (as defined 
     in section 644(m) of the Foreign Assistance Act of 1961) of 
     assistance provided under paragraph (1)(B) may not exceed 
     $300,000,000, provided that such limitation shall be 
     increased by any amounts appropriated pursuant to the 
     authorization of appropriations in subsection (c)(2)(A).
       (b) Eligibility.--
       (1) Eligible afghan resistance organizations, entities, and 
     individuals.--An Afghan resistance organization, entity, or 
     individual shall be eligible to receive assistance under 
     subsection (a) if such organization, entity, or individual is 
     committed to--
       (A) the removal from power of the Taliban regime in 
     Afghanistan;
       (B) the suppression of terrorism and the surrender or 
     removal from Afghanistan of all international terrorists, 
     including perpetrators of the September 11, 2001, attack on 
     the United States; and
       (C) the establishment in Afghanistan of a government 
     committed to respecting internationally recognized human 
     rights and suppression of narcotics trafficking.
       (2) Eligible foreign countries and eligible international 
     organizations.--A foreign country or international 
     organization shall be eligible to receive assistance under 
     subsection (a) if such foreign country or international 
     organization is participating in or supporting United States 
     military activities authorized under Public Law 107-40, or is 
     participating in military, peacekeeping,

[[Page 23205]]

     or policing operations in Afghanistan aimed at restoring or 
     maintaining peace and security in that country, except that 
     no country the government of which has been determined by the 
     Secretary of State to have repeatedly provided support for 
     acts of international terrorism under section 620A of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2371), section 
     6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. 
     App. 2405(j)(1)), or section 40(d) of the Arms Export Control 
     Act (22 U.S.C. 2780(d)) shall be eligible to receive 
     assistance under subsection (a).
       (c) Reimbursement for Assistance.--
       (1) In general.--Defense articles, defense services, and 
     military education and training provided under subsection 
     (a)(1)(B) shall be made available without reimbursement to 
     the Department of Defense except to the extent that funds are 
     appropriated pursuant to the authorization of appropriations 
     under paragraph (2)(A).
       (2) Authorization of appropriations.--
       (A) In general.--There are authorized to be appropriated to 
     the President such sums as may be necessary to reimburse the 
     applicable appropriation, fund, or account for the value (as 
     defined in section 644(m) of the Foreign Assistance Act of 
     1961) of defense articles, defense services, or military 
     education and training provided under subsection (a)(1)(B).
       (B) Availability.--Amounts appropriated pursuant to the 
     authorization of appropriations under subparagraph (A) are 
     authorized to remain available until expended, and are in 
     addition to amounts otherwise available for the purposes 
     described in this section.
       (d) Authority To Provide Assistance.--
       (1) Eligible afghan resistance organizations, entities, and 
     individuals.--Assistance to eligible Afghan resistance 
     organizations, entities, and individuals under this section 
     may be provided notwithstanding any other provision of law.
       (2) Eligible foreign countries and eligible international 
     organizations.--
       (A) Authority.--The President may provide assistance under 
     this section to any eligible foreign country or any eligible 
     international organization notwithstanding any other 
     provision of law (other than provisions of this section) if 
     the President determines that such assistance is important to 
     the national security interest of the United States and 
     reports such determination to the Committee on International 
     Relations of the House of Representatives and the Committee 
     on Foreign Relations of the Senate at least five days in 
     advance of providing such assistance.
       (B) Report.--The report described in subparagraph (A) shall 
     include information relating to the type and amount of 
     assistance proposed to be provided and the actions that the 
     proposed recipient of such assistance has taken or has 
     committed to take.
       (e) Sunset.--The authority of this section shall expire on 
     September 30, 2004.

     SEC. 9004. COMPLIANCE WITH MEASURES DIRECTED AGAINST THE 
                   TALIBAN BY THE UNITED NATIONS SECURITY COUNCIL.

       (a) Reports to Congress.--Not later than one month after 
     the date of the enactment of this Act, and every three months 
     thereafter until the President determines and reports to the 
     Committee on International Relations of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate that the Taliban no longer exercises power in any part 
     of Afghanistan, the President shall submit to such committees 
     a report that identifies the government of each foreign 
     country with respect to which there is credible information 
     that the government has, on or after the date of the 
     enactment of this Act, violated, or permitted persons subject 
     to its jurisdiction to violate, measures directed against the 
     Taliban pursuant to United Nations Security Council 
     Resolutions 1267 (1999), 1333 (2000), or 1363 (2001), or 
     pursuant to any other United Nations Security Council 
     resolution adopted under the authority of Chapter VII of the 
     Charter of the United Nations.
       (b) Content of Reports.--Each report submitted under 
     subsection (a) shall detail with respect to each government 
     of a foreign country identified in such report the nature of 
     the violation (other than violations detailed in previous 
     reports submitted pursuant to this section), and shall 
     evaluate--
       (1) the importance of the violation to the efforts of the 
     Taliban to remain in power in Afghanistan;
       (2) the importance of the violation to the efforts of 
     terrorist groups to continue operating from Afghanistan; and
       (3) the risk posed by such violation to the safety of the 
     United States Armed Forces and the armed forces of other 
     countries acting in coalition with the United States.

     SEC. 9005. SUBMISSION OF DETERMINATIONS AND REPORTS IN 
                   CLASSIFIED FORM.

       When the President considers it appropriate, determinations 
     and reports to the Committee on International Relations of 
     the House of Representatives and the Committee on Foreign 
     Relations of the Senate submitted under this title, or 
     appropriate parts thereof, may be submitted in classified 
     form.

  Mr. GILMAN (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
New York?
  There was no objection.
  Mr. MURTHA. Mr. Chairman, I reserve a point of order against the 
amendment.
  Mr. GILMAN. Mr. Chairman, my amendment places Congress on record in 
support of the men and women in our Armed Forces as they proceed to 
dismantle the Taliban rule in Afghanistan and to restore peace and 
stability and security to that part of the world.
  This amendment is based on a bill I introduced last month, entitled 
the Afghanistan Freedom Act of 2001, H.R. 3088. I was pleased to be 
joined in offering that measure by the gentleman from New York (Mr. 
Ackerman), the ranking Democratic member of the subcommittee that I 
chair, the Subcommittee on the Middle East and South Asia. Since we 
introduced that measure on October 11, we have been supported by a 
total of 81 cosponsors on both sides of the aisle.
  We have worked with the Bush administration over the past month, 
particularly with the Department of Defense, to refine some of the 
language in order to maximize its usefulness to the administration in 
the current war on terrorism. My amendment incorporates those 
refinements, and I am assured that as currently written, my amendment 
enjoys the strong support of the administration and, particularly, the 
Department of Defense.
  Essentially, Mr. Chairman, my amendment provides three important 
elements. First, it reaffirms and should be the policy of our Nation to 
promote the ultimate removal from power of the Taliban regime in 
Afghanistan so as to diminish the risk of any future terrorist attack 
in the United States; and second, it gives the administration an 
important drawdown authority to provide military assistance to 
antiTaliban resistance organizations in Afghanistan, as well as to any 
foreign countries and international organizations which are assisting 
in the U.S. military actions that Congress authorized in the wake of 
the September 11 attack on our Nation; and third, it requires periodic 
reports to the Congress regarding any violations of U.N. sanctions on 
armed sales and provisions of other assistance to the Taliban.
  As we debate this measure, our Nation is fully engaged in the war 
against the Taliban. Our Defense Department has ensured me that the 
enactment of my amendment will significantly enhance the ability of our 
Nation to win both the war and the subsequent peace in Afghanistan. 
Accordingly, I urge my colleagues to provide this important tool to our 
President and to our armed forces by agreeing to this amendment.


                             Point of Order

  Mr. MURTHA. Mr. Chairman, I make a point of order.
  The CHAIRMAN. The gentleman will state his point of order.
  Mr. MURTHA. Mr. Chairman, I insist on my point of order. The 
amendment by the gentleman from New York (Mr. Gilman) violates clause 2 
of rule XXI, the section on legislation of an appropriations bill.
  The CHAIRMAN. Does the gentleman from New York (Mr. Gilman) wish to 
be heard on the point of order?
  Mr. GILMAN. Mr. Chairman, I regret that the ranking minority member 
has reserved on a point of order, and based on my respect for him, I 
ask unanimous consent to withdraw my amendment.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
New York?
  There was no objection.

                              {time}  1500

  The CHAIRMAN. If there are no further amendments to this portion of 
the bill, the Clerk will continue to read.
  The Clerk read as follows:
       This division may be cited as the ``Department of Defense 
     Appropriations Act, 2002''.

        DIVISION B--FISCAL YEAR 2002 SUPPLEMENTAL APPROPRIATIONS

       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:

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                        Office of the Secretary

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the

[[Page 23206]]

     United States, for ``Office of the Secretary'', $4,582,000, 
     to remain available until expended, to be obligated from 
     amounts made available in Public Law 107-38.

        Agriculture Buildings and Facilities and Rental Payments

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Agriculture Buildings and Facilities and Rental Payments'', 
     $2,875,000, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38.

                     Agricultural Research Service


                         Salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $5,635,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

               Animal and Plant Health Inspection Service


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $8,175,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.


                        buildings and facilities

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Buildings 
     and Facilities'', $14,081,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                   Food Safety and Inspection Service

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Food 
     Safety and Inspection Service'', $9,800,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, and for other 
     expenses necessary to support activities related to 
     countering potential biological, disease, and chemical 
     threats to civilian populations, for ``Food and Drug 
     Administration, Salaries and Expenses'', $104,350,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.


                     Amendment Offered by Mr. Obey

  Mr. OBEY. Mr. Chairman, I ask unanimous consent to offer an 
amendment.
  The CHAIRMAN. Is there objection to considering the amendment at this 
stage of the reading?
  There was no objection.
  The CHAIRMAN. The Clerk will report the amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Obey:
       Page 138, strike line 10 and all that follows through page 
     194, line 7, and insert the following:

        DIVISION B--FISCAL YEAR 2002 SUPPLEMENTAL APPROPRIATIONS

       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:

CHAPTER 1--DEPARTMENT OF AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
                  ADMINISTRATION, AND RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                        Office of the Secretary

       For an additional amount for ``Office of the Secretary'', 
     to respond to the September 11, 2001 terrorist attacks on the 
     United States, $45,148,000, to remain available until 
     expended: 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.

                     Agricultural Research Service

                        buildings and facilities

       For an additional amount for ``Buildings and Facilities'', 
     to respond to the September 11, 2001 terrorist attacks on the 
     United States, $600,000, to remain available until expended: 
     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.

                   Food Safety and Inspection Service

       For an additional amount for ``Food Safety and Inspection 
     Service'', to respond to the September 11, 2001 terrorist 
     attacks on the United States, $800,000, to remain available 
     until expended: 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 HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         salaries and expenses.

       For an additional amount for ``Salaries and Expenses'', to 
     respond to the September 11, 2001 terrorist attacks on the 
     United States, $369,550,000, to remain available until 
     expended: 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.

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

       For an additional amount for ``Commodity Futures Trading 
     Commission'', to respond to the September 11, 2001 terrorist 
     attacks on the United States, $6,495,000, to remain available 
     until expended: 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.

CHAPTER 2--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, 
                          AND RELATED AGENCIES

                         DEPARTMENT OF JUSTICE

                         General Administration

                   administrative review and appeals

       For an additional amount for ``Administrative Review and 
     Appeals'', to respond to the September 11, 2001 terrorist 
     attacks on the United States, $3,500,000, to remain available 
     until expended: 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.

                            Legal Activities

            salaries and expenses, general legal activities

       For an additional amount for ``Salaries and Expenses, 
     General Legal Activities'', to respond to the September 11, 
     2001 terrorist attacks on the United States, $12,500,000, to 
     remain available until expended: 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.

             salaries and expenses, united states attorneys

       For an additional amount for ``Salaries and Expenses, 
     United States Attorneys'', to respond to the September 11, 
     2001 terrorist attacks on the United States, $74,600,000, to 
     remain available until expended: 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.

[[Page 23207]]



         salaries and expenses, united states marshals service

       For an additional amount for ``Salaries and Expenses, 
     United States Marshals Service'', to respond to the September 
     11, 2001 terrorist attacks on the United States, $11,100,000, 
     to remain available until expended: 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.

                    Federal Bureau of Investigation

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', to 
     respond to the September 11, 2001 terrorist attacks on the 
     United States, $1,107,062,000, to remain available until 
     expended: 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.

                 Immigration and Naturalization Service

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', to 
     respond to the September 11, 2001 terrorist attacks on the 
     United States, $409,600,000, to remain available until 
     expended: 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.

                              construction

       For an additional amount for ``Construction'', to respond 
     to the September 11, 2001 terrorist attacks on the United 
     States, $128,149,000, to remain available until expended: 
     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.

                       Office of Justice Programs

                           justice assistance

       For an additional amount for ``Justice Assistance'', to 
     respond to the September 11, 2001 terrorist attacks on the 
     United States, $400,000,000, to remain available until 
     expended: Provided, That such amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985: Provided further, That such amount shall 
     be available only to the extent that an official budget 
     request, that includes designation of the entire amount of 
     the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, is 
     transmitted by the President to the Congress.
       For an additional amount for such purpose, $150,000,000, to 
     remain available until expended: 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.

               state and local law enforcement assistance

       For an additional amount for ``State and Local Law 
     Enforcement Assistance'', to respond to the September 11, 
     2001 terrorist attacks on the United States, $17,100,000, to 
     remain available until expended: 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.

                           crime victims fund

       For an additional amount for ``Crime Victims Fund'', to 
     respond to the September 11, 2001 terrorist attacks on the 
     United States, $68,100,000, to remain available until 
     expended: 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 COMMERCE

                   International Trade Administration

                     operations and administration

       For an additional amount for ``Operations and 
     Administration'', to respond to the September 11, 2001 
     terrorist attacks on the United States, $4,969,000, to remain 
     available until expended: 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.

                         Export Administration

                     operations and administration

       For an additional amount for ``Operations and 
     Administration'', to respond to the September 11, 2001 
     terrorist attacks on the United States, $8,585,000, to remain 
     available until expended: 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.

       National Telecommunications and Information Administration

    public telecommunications facilities, planning and construction

       For an additional amount for emergency grants authorized by 
     section 392 of the Communications Act of 1934 to respond to 
     the September 11, 2001 terrorist attacks on the United 
     States, $13,000,000, to remain available until expended: 
     Provided, That, notwithstanding any other law, the matching 
     requirement otherwise applicable to such grants shall not 
     apply to the amounts made available under this heading: 
     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: 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.

            National Oceanic And Atmospheric Administration

                  operations, research, and facilities

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for 
     ``Operations, Research, and Facilities'', $750,000, to remain 
     available until expended: 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.

               procurement, acquisition and construction

       For an additional amount for ``Procurement, Acquisition and 
     Construction'', to respond to the September 11, 2001 
     terrorist attacks on the United States, $14,000,000, to 
     remain available until expended: 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.

                        Departmental Management

                         salaries and expenses

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on

[[Page 23208]]

     the United States, for ``Salaries and Expenses'', 
     $13,386,000, to remain available until expended: 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.

                             THE JUDICIARY

                   Supreme Court of the United States

                    care of the building and grounds

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Care of 
     the Building and Grounds'', $10,000,000, to remain available 
     until expended: 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.

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', to 
     respond to the September 11, 2001 terrorist attacks on the 
     United States, $82,921,000, to remain available until 
     expended: 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.

                             court security

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Court 
     Security'', $90,700,000, to remain available until expended, 
     of which $4,000,000 shall be available to reimburse the 
     United States Marshalls Service for a Supervisory Deputy 
     Marshal responsible for coordinating security in each 
     judicial district and circuit: Provided, That the funds may 
     be expended directly or transferred to the United States 
     Marshals Service: 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: 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.

           Administrative Office Of the United States Courts

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', to 
     respond to the September 11, 2001 terrorist attacks on the 
     United States, $2,879,000, to remain available until 
     expended: 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 STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

       For an additional amount for ``Diplomatic and Consular 
     Programs'', to respond to the September 11, 2001 terrorist 
     attacks on the United States, $30,000,000, to remain 
     available until expended: 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.

                    Broadcasting Board of Governors

                 international broadcasting operations

       For an additional amount for ``International Broadcasting 
     Operations'', to respond to the September 11, 2001 terrorist 
     attacks on the United States, $9,200,000, to remain available 
     until expended: 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.

                   broadcasting capital improvements

       For an additional amount for ``Broadcasting Capital 
     Improvements'', to respond to the September 11, 2001 
     terrorist attacks on the United States, $10,000,000, to 
     remain available until expended: 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.

                Equal Employment Opportunity Commission

                         salaries and expenses

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $1,301,000, to remain available until 
     expended: 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.

                   Securities and Exchange Commission

                         salaries and expenses

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $20,705,000, to remain available until 
     expended: 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.

                     Small Business Administration

                     disaster loans program account

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Disaster 
     Loans Program Account'', $150,000,000, to remain available 
     until expended: 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.

                           GENERAL PROVISIONS

       Sec. 201. For purposes of assistance available under 
     section 7(b)(2) of the Small Business Act (15 U.S.C. 
     636(b)(2)) to small business concerns located in disaster 
     areas declared as a result of the September 11, 2001 
     terrorist attacks, (1) the term ``small business concern'' 
     shall include not-for-profit institutions and small business 
     concerns described in subsectors 522, 523, and 524 of the 
     North American Industry Classification System codes (as 
     described in 13 C.F.R. 121.201, as in effect on January 2, 
     2001), except for depository financial institutions; and (2) 
     the Administrator may apply such size standards as may be 
     promulgated under such section 121.201 after the date of 
     enactment of this provision, but no later than January 1, 
     2002.
       Sec. 202. Notwithstanding any other provision of law, the 
     limitation on the total amount of loans under section 7(b) of 
     the Small Business Act (15 U.S.C. 636(b)) outstanding and 
     committed to a borrower in the disaster areas declared in 
     response to the September 11, 2001 terrorist attacks shall be 
     increased to $10,000,000.
       Sec. 203. 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, and section 15 of the State Department Basic 
     Authorities Act of 1956.

[[Page 23209]]



               CHAPTER 3--DEPARTMENT OF DEFENSE, MILITARY

                         DEPARTMENT OF DEFENSE

   Military Operation and Maintenance Defense Emergency Response Fund

                     (including transfer of funds)

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Defense 
     Emergency Response Fund'', $7,242,911,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38, as follows:
       (1) For increased situational awareness, $1,735,000,000.
       (2) For enhanced force protection, $742,911,000, of which 
     $40,000,000 shall be available only for biological weapons 
     proliferation prevention activities under the Former Soviet 
     Union Threat Reduction Program, of which $30,000,000 shall be 
     transferred to ``Department of State, Nonproliferation, Anti-
     Terrorism, Demining, and Related Programs'' only for the 
     purpose of supporting expansion of the Biological Weapons 
     Redirect and International Science and Technology Centers 
     programs, to prevent former Soviet biological weapons experts 
     from emigrating to proliferant states and to reconfigure 
     former Soviet biological weapons production facilities for 
     peaceful uses.


       (3) For improved command and control, $162,000,000.
       (4) For increased worldwide posture, $2,801,000,000.
       (5) For offensive counterterrorism, $769,000,000, of which 
     $237,000,000 is for the Special Operations Command.
       (6) For initial crisis response, $108,000,000.
       (7) For the Pentagon Reservation Maintenance Revolving 
     Fund, $925,000,000: Provided, That none of the funds provided 
     under this heading in this chapter may be used for 
     appropriations for military construction and military family 
     housing.

                           General Provisions

                     (including transfer of funds)

       Sec. 301. Amounts available in the ``Defense Emergency 
     Response Fund'' (the ``Fund'') shall be available for the 
     purposes set forth in the 2001 Emergency Supplemental 
     Appropriations Act for Recovery from and Response to 
     Terrorist Attacks on the United States (Public Law 107-38): 
     Provided, That the Fund may be used to reimburse other 
     appropriations or funds of the Department of Defense, 
     including activities of the National Foreign Intelligence 
     Program funded in defense appropriations Acts, only for costs 
     incurred for such purposes on or after September 11, 2001: 
     Provided further, That the Fund may be used to liquidate 
     obligations incurred by the Department of Defense under the 
     authorities in section 3732 of the Revised Statutes (41 
     U.S.C. 11; popularly known as the ``Food and Forage Act'') 
     for any costs incurred for such purposes between September 11 
     and September 30, 2001: Provided further, That the Secretary 
     of Defense may transfer to the Fund amounts from any current 
     appropriation made available in defense appropriations Acts, 
     only for the purpose of adjusting and liquidating obligations 
     properly chargeable to the Fund: Provided further, That the 
     authority granted in the preceding proviso shall only be 
     exercised after the Secretary of Defense makes a 
     determination that amounts in the Fund are insufficient to 
     liquidate obligations made using appropriations in the Fund, 
     and not prior to 30 days after notifying the congressional 
     defense committees in writing regarding each proposed 
     transfer of funds: Provided further, That in order to carry 
     out the specified purposes under this heading, the Secretary 
     of Defense may transfer funds from the Fund to any defense 
     appropriation account enacted in appropriations Acts, 
     including ``Support for International Sporting Competitions, 
     Defense'': 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 under this heading is in addition to any other 
     transfer authority available to the Department of Defense: 
     Provided further, That within 30 days of enactment of this 
     Act, and quarterly thereafter, the Secretary of Defense and 
     the Director of Central Intelligence shall each provide to 
     the Congress a report (in unclassified and classified form, 
     as needed) specifying the projects and accounts to which 
     funds provided in this chapter are to be transferred.

                     (including transfer of funds)

       Sec. 302. During the current fiscal year, amounts in or 
     credited to the Defense Cooperation Account under section 
     2608(b) of title 10, United States Code, are hereby 
     appropriated and shall be available for transfer by the 
     Secretary of Defense to such appropriations or funds of the 
     Department of Defense as he shall determine, to be merged 
     with and available for the same purposes and the same time 
     period as the appropriation 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 the transfer authority 
     provided under this heading is in addition to any other 
     transfer authority available to the Department of Defense: 
     Provided further, That these amounts are 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 obligations made pursuant to this authority.
       Sec. 303. (a) Amounts appropriated in this Act under the 
     heading ``Support for International Sporting Competitions, 
     Defense'' may be used to support essential security and 
     safety services for the 2002 Winter Olympic Games in Salt 
     Lake City, Utah, under section 2564 of title 10, United 
     States Code, without the certification otherwise required 
     under subsection (a) of that section.
       (b) In connection with the provision of essential security 
     and safety support to the 2002 Winter Olympic Games and 
     logistical and security support to the 2002 Paralympic Games, 
     the term ``active duty'' as used in section 5802 of division 
     A of the Omnibus Consolidated Appropriations Act, 1997 (10 
     U.S.C. 2564 note), shall be treated as including State active 
     duty and full-time National Guard duty performed by members 
     of the Army National Guard and Air National Guard.
       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).
       Sec. 305. For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.

                    CHAPTER 4--DISTRICT OF COLUMBIA

                             FEDERAL FUNDS

Federal Payment to the District of Columbia for Protective Clothing and 
                          Breathing Apparatus

       For a Federal payment to the District of Columbia for 
     protective clothing and breathing apparatus, to remain 
     available until expended, $12,144,209, of which $921,833 is 
     for the Fire and Emergency Medical Services Department, 
     $4,269,000 is for the Metropolitan Police Department, 
     $1,500,000 is for the Department of Health, $453,376 is for 
     the Department of Public Works, and $5,000,000 is for the 
     Washington Metropolitan Area Transit Authority: 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.

 Federal Payment to the District of Columbia for Specialized Hazardous 
                          Materials Equipment

       For a Federal payment to the District of Columbia for 
     specialized hazardous materials equipment, to remain 
     available until expended, $1,032,342, for the Fire and 
     Emergency Medical Services Department: 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.

Federal Payment to the District of Columbia for Chemical and Biological 
                          Weapons Preparedness

       For a Federal payment to the District of Columbia for 
     chemical and biological weapons preparedness, to remain 
     available until expended, $10,354,415, of which $204,920 is 
     the Fire and Emergency Medical Services Department, $258,170 
     is for the Metropolitan Police Department, and $9,891,325 is 
     for the Department of Health: 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.

  Federal Payment to the District of Columbia for Pharmaceuticals for 
                               Responders

       For a Federal payment to the District of Columbia for 
     pharmaceuticals for responders, to remain available until 
     expended, $2,100,000, for the Department of Health: Provided, 
     That such amount is designated by the

[[Page 23210]]

     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.

Federal Payment to the District of Columbia for Additional Vehicles and 
                          Response Capability

       For a Federal payment to the District of Columbia for 
     additional vehicles and response capability, $8,324,500, of 
     which $6,600,000 is for the Fire and Emergency Medical 
     Services Department, $1,515,000 is for the Metropolitan 
     Police Department, $112,500 is for the Department of Public 
     Works Division of Transportation, $37,000 is for the Office 
     of Property Management, and $60,000 is for the Department of 
     Public Works: 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.

  Federal Payment to the District of Columbia for Search, Rescue and 
                 Other Emergency Equipment and Support

       For a Federal payment to the District of Columbia for 
     search, rescue and other emergency equipment and support, 
     $5,222,135, of which $3,413,022 is for the Metropolitan 
     Police Department, $207,995 is for the Fire and Emergency 
     Medical Services Department, $398,581 is for the Department 
     of Consumer and Regulatory Affairs, $1,178,537 is for the 
     Department of Public Works, and $24,000 is for the Department 
     of Human Services: 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.

   Federal Payment to the District of Columbia for Automatic Vehicle 
                            Location Systems

       For a Federal payment to the District of Columbia for 
     automatic vehicle location systems, $16,150,000, of which 
     $1,150,000 is for the Fire and Emergency Medical Services 
     Department, and $15,000,000 is for the Washington 
     Metropolitan Area Transit Authority: 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.

Federal Payment to the District of Columbia for Equipment, Supplies and 
         Vehicles for the Office of the Chief Medical Examiner

       For a Federal payment to the District of Columbia for 
     equipment, supplies and vehicles for the office of the chief 
     medical examiner, $1,780,000: 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.

 Federal Payment to the District of Columbia for Hospital Containment 
                Facilities for the Department of Health

       For a Federal payment to the District of Columbia for 
     hospital containment facilities for the Department of Health, 
     $8,000,000: Provided, That such amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985: Provided further, That such amount shall 
     be available only to the extent that an official budget 
     request, that includes designation of the entire amount of 
     the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, is 
     transmitted by the President to the Congress.

Federal Payment to the District of Columbia for the Office of the Chief 
                           Technology Officer

       For a Federal payment to the District of Columbia for the 
     Office of the Chief Technology Officer, $78,600,000, of which 
     $46,200,000 is for a first response land-line and wireless 
     interoperability project, and $32,400,000 is for a city-wide 
     secure data center: 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.

   Federal Payment to the District of Columbia for Emergency Traffic 
                               Management

       For a Federal payment to the District of Columbia for 
     emergency traffic management, $52,900,000, of which 
     $2,200,000 is for the Washington Metropolitan Area Transit 
     Authority for completion of the fiber optic network project, 
     and $50,700,000 is for the Department of Public Works 
     Division of Transportation to upgrade traffic light 
     controllers ($14,000,000), to establish a video traffic 
     monitoring system ($4,700,000), to disseminate traffic 
     information ($2,000,000), and to provide fiber optic backbone 
     for traffic control and monitoring ($30,000,000): Provided, 
     That such amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985: 
     Provided further, That such amount shall be available only to 
     the extent that an official budget request, that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, is transmitted by the 
     President to the Congress.

 Federal Payment to the District of Columbia for Training and Planning

       For a Federal payment to the District of Columbia for 
     training and planning, $10,698,725, of which $4,400,000 is 
     for the Fire and Emergency Medical Services Department, 
     $990,000 is for the Metropolitan Police Department, 
     $1,200,000 is for the Department of Health, $200,000 is for 
     the Office of the Chief Medical Examiner, $1,500,000 is for 
     the Emergency Management Agency, $500,000 is for the Office 
     of Property Management, $500,000 is for the Department of 
     Mental Health, $468,725 is for the Department of Consumer and 
     Regulatory Affairs, $240,000 is for the Department of Public 
     Works, $600,000 is for the Department of Human Services, and 
     $100,000 is for the Department of Parks and Recreation: 
     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.

   Federal Payment to the District of Columbia for Increased Security

       For a Federal payment to the District of Columbia for 
     increased security, $38,436,000, of which $3,900,000 for the 
     Emergency Management Agency, $12,775,000 for the public 
     schools, $3,961,000 for the Office of Property Management, 
     and $17,800,000 for the Washington Metropolitan Area Transit 
     Authority for employee and facility security: 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.

                           General Provisions

       Sec. 401. Notwithstanding any other provision of law, all 
     Federal payments to the District of Columbia under this 
     chapter shall be apportioned quarterly by the Office of 
     Management and Budget, and funds for the Washington 
     Metropolitan Area Transit Authority shall be apportioned 
     quarterly directly to such Authority.
       Sec. 402. The Chief Financial Officer of the District of 
     Columbia and the Chief Financial Officer of Washington 
     Metropolitan Area Transit Authority shall provide quarterly 
     reports to the President and the Committees on Appropriations 
     on the use of the funds under this chapter beginning no later 
     than January 2, 2002.

                       DISTRICT OF COLUMBIA FUNDS

                          Division of Expenses

       The following amounts are appropriated for the District of 
     Columbia for the current fiscal year out of the general fund 
     of the District of Columbia and shall remain available until 
     expended.

[[Page 23211]]



              Protective Clothing and Breathing Apparatus

       For protective clothing and breathing apparatus, to remain 
     available until expended, $12,144,209, of which $921,833 is 
     for the Fire and Emergency Medical Services Department, 
     $4,269,000 is for the Metropolitan Police Department, 
     $1,500,000 is for the Department of Health, $453,376 is for 
     the Department of Public Works, and $5,000,000 is for the 
     Washington Metropolitan Area Transit Authority.

               Specialized Hazardous Materials Equipment

       For specialized hazardous materials equipment, to remain 
     available until expended, $1,032,342, for the Fire and 
     Emergency Medical Services Department.

              Chemical and Biological Weapons Preparedness

       For chemical and biological weapons preparedness, to remain 
     available until expended, $10,354,415, of which $204,920 is 
     the Fire and Emergency Medical Services Department, $258,170 
     is for the Metropolitan Police Department, and $9,891,325 is 
     for the Department of Health.

                     Pharmaceuticals for Responders

       For pharmaceuticals for responders, to remain available 
     until expended, $2,100,000, for the Department of Health.

              Additional Vehicles and Response Capability

       For additional vehicles and response capability, 
     $8,324,500, of which $6,600,000 is for the Fire and Emergency 
     Medical Services Department, $1,515,000 is for the 
     Metropolitan Police Department, $112,500 is for the 
     Department of Public Works Division of Transportation, 
     $37,000 is for the Office of Property Management, and $60,000 
     is for the Department of Public Works.

        Search, Rescue and Other Emergency Equipment and Support

       For search, rescue and other emergency equipment and 
     support, $5,222,135, of which $3,413,022 is for the 
     Metropolitan Police Department, $207,995 is for the Fire and 
     Emergency Medical Services Department, $398,581 is for the 
     Department of Consumer and Regulatory Affairs, $1,178,537 is 
     for the Department of Public Works, and $24,000 is for the 
     Department of Human Services.

                   Automatic Vehicle Location Systems

       For automatic vehicle location systems, $16,150,000, of 
     which $1,150,000 is for the Fire and Emergency Medical 
     Services Department, and $15,000,000 is for the Washington 
     Metropolitan Area Transit Authority.

 Equipment, Supplies and Vehicles for the Office of the Chief Medical 
                                Examiner

       For equipment, supplies and vehicles for the Office of the 
     Chief Medical Examiner, $1,780,000.

      Hospital Containment Facilities for the Department of Health

       For hospital containment facilities for the Department of 
     Health, $8,000,000.

                 Office of the Chief Technology Officer

       For the Office of the Chief Technology Officer, 
     $78,600,000, of which $46,200,000 is for a first response 
     land-line and wireless interoperability project, and 
     $32,400,000 is for a city-wide secure data center.

                      Emergency Traffic Management

       For emergency traffic management, $52,900,000, of which 
     $2,200,000 is for the Washington Metropolitan Area Transit 
     Authority for completion of the fiber optic network project, 
     and $50,700,000 is for the Department of Public Works 
     Division of Transportation to upgrade traffic light 
     controllers ($14,000,000), to establish a video traffic 
     monitoring system ($4,700,000), to disseminate traffic 
     information ($2,000,000), and to provide fiber optic backbone 
     for traffic control and monitoring ($30,000,000).

                         Training and Planning

       For training and planning, $10,698,725, of which $4,400,000 
     is for the Fire and Emergency Medical Services Department, 
     $990,000 is for the Metropolitan Police Department, 
     $1,200,000 is for the Department of Health, $200,000 is for 
     the Office of the Chief Medical Examiner, $1,500,000 is for 
     the Emergency Management Agency, $500,000 is for the Office 
     of Property Management, $500,000 is for the Department of 
     Mental Health, $468,725 is for the Department of Consumer and 
     Regulatory Affairs, $240,000 is for the Department of Public 
     Works, $600,000 is for the Department of Human Services, and 
     $100,000 is for the Department of Parks and Recreation.

                           Increased Security

       For increased security, $38,436,000, of which $3,900,000 
     for the Emergency Management Agency, $12,775,000 for the 
     public schools, $3,961,000 for the Office of Property 
     Management, and $17,800,000 for the Washington Metropolitan 
     Area Transit Authority for employee and facility security.

                CHAPTER 5--ENERGY AND WATER DEVELOPMENT

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                   Operation and Maintenance, General

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Operation 
     and Maintenance, General'', $267,000,000, to remain available 
     until expended: 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 THE INTERIOR

                         Bureau of Reclamation

                      water and related resources

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Water and 
     Related Resources'', $70,259,000, to remain available until 
     expended: 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 ENERGY

                National Nuclear Security Administration

                           weapons activities

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, and for other 
     expenses to increase the security of the Nation's nuclear 
     weapons complex, for ``Weapons Activities'', $534,000,000, to 
     remain available until expended: Provided, That, of such 
     amount, $284,000,000 shall be only for increased security 
     (including cyber-security) for the transportation and storage 
     of United States nuclear weapons; and $250,000,000 shall be 
     only for classified activities to improve physical security: 
     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: 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.

                    defense nuclear nonproliferation

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Defense 
     Nuclear Nonproliferation'', $286,000,000, to remain available 
     until expended: Provided, That, of such amount, $131,000,000 
     shall be only for increased physical security of nuclear 
     weapons and materials at locations within the Newly 
     Independent States of the former Soviet Union; $60,000,000 
     shall be only for increased physical security of nuclear 
     reactors within the Newly Independent States of the former 
     Soviet Union; and $95,000,000 shall be only for research and 
     development for global terrorist weapons of mass destruction: 
     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: 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.

         Defense Environmental Restoration and Waste Management

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Defense 
     Environmental Restoration and Waste Management'', 
     $65,200,000, to remain available until expended: 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.

                        Other Defense Activities

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, and for other 
     expenses necessary to support activities related to 
     countering potential biological threats to civilian 
     populations, for ``Other Defense Activities'', $21,500,000, 
     to remain available until expended: Provided, That, of such 
     amount,$18,000,000 shall be only for intelligence activities: 
     Provided, That such amount is designated by the Congress as 
     an emergency requirement pursuant to section

[[Page 23212]]

     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.

 CHAPTER 6--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

           United States Agency for International Development

   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'', to 
     respond to the September 11, 2001 terrorist attacks on the 
     United States, $100,000,000, to remain available until 
     expended: 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 State

    nonproliferation, anti-terrorism, demining and related programs

       For an additional amount for ``Nonproliferation, Anti-
     terrorism, Demining and Related Programs'', $30,000,000, to 
     remain available until expended: Provided, That such funds 
     shall be used for the Biological Weapons Redirect and 
     International Science Centers programs: 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: 
     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.

       CHAPTER 7--DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

       For an additional amount for ``Management of Lands and 
     Resources'', to respond to the September 11, 2001 terrorist 
     attacks on the United States, $4,500,000, to remain available 
     until expended: 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 Fish and Wildlife Service

                          resource management

       For an additional amount for ``Resource Management'', to 
     respond to the September 11, 2001 terrorist attacks on the 
     United States, $3,000,000, to remain available until 
     expended: 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.

                         National Park Service

                 operation of the national park system

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Operation 
     of the National Park System'', $10,098,000, to remain 
     available until expended: 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 park police

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``United 
     States Park Police'', $25,295,000, to remain available until 
     expended: 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.

                              construction

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for 
     ``Construction'', $75,560,000, to remain available until 
     expended: 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: Provided 
     further, That the Secretary of the Interior shall take such 
     actions as may be necessary to ensure that the security 
     upgrades at national memorials, monuments, and other 
     significant cultural sites that are funded by this Act are 
     completed not later than December 31, 2002, except that the 
     Secretary may not waive any regulatory or statutory 
     requirements related to the environment, fair labor 
     standards, or nondiscrimination: Provided further, That, 
     notwithstanding any other provision of law, single but 
     separate procurements for the construction of security 
     improvements and an underground visitor screening facility at 
     the Washington Monument, for security improvements at the 
     Lincoln Memorial, and for security improvements at the 
     Jefferson Memorial, may be issued that include the full scope 
     of each project, except that each solicitation and contract 
     shall contain the clause ``availability of funds'' found at 
     section 52.232.18 of title 48, Code of Federal Regulations.

                        Departmental Management

                         salaries and expenses

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $4,743,000, to remain available until 
     expended, for safeguarding employees and visitors to the 
     Department of the Interior main building complex from the 
     heightened threat of terrorist attack: 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 ENERGY

                      Strategic Petroleum Reserve

       For an additional amount for ``Strategic Petroleum 
     Reserve'', to respond to the September 11, 2001 terrorist 
     attacks on the United States, $5,000,000, to remain available 
     until expended: 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 HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

       For an additional amount for ``Indian Health Services'', to 
     respond to the September 11, 2001 terrorist attacks on the 
     United States, $850,000, to remain available until expended: 
     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.

                         OTHER RELATED AGENCIES

                        Smithsonian Institution

                         salaries and expenses

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $21,707,000, to remain available until

[[Page 23213]]

     expended: 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.

                        National Gallery of Art

                         salaries and expenses

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $2,148,000, to remain available until 
     expended: 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.

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Operations 
     and Maintenance'', $4,310,000, to remain available until 
     expended: 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.

                  National Capital Planning Commission

                         salaries and expenses

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $758,000, to remain available until expended: 
     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.

CHAPTER 8--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, EDUCATION, 
                          AND RELATED AGENCIES

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

       For emergency expenses to respond to the consequences of 
     the September 11, 2001 terrorist attacks on the United 
     States, for ``Training and Employment Services'', 
     $2,000,000,000 shall be available for the period beginning on 
     the date of enactment through the date ending 18 months after 
     the date of enactment, for carrying out section 173 of the 
     Workforce Investment Act: Provided, That these funds only may 
     be used by States to provide employment and training 
     assistance, including assistance in making COBRA continuation 
     coverage payments, to dislocated workers affected by a plant 
     closure, mass layoff, or multiple layoffs if the Governor 
     certifies in the application for such grants that the attacks 
     of September 11, 2001 contributed importantly to such plant 
     closures, mass layoffs, and multiple layoffs: Provided 
     further, That such funds may be used by the State to assist a 
     participant in the program funded under such grants by paying 
     up to 75 percent of the participants and any dependents 
     contribution for COBRA continuation coverage of the 
     participant and any dependents for a period not to exceed 10 
     months: 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.

     state unemployment insurance and employment service operations

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``State 
     Unemployment Insurance and Employment Service Operations'', 
     $4,100,000, to remain available until expended: 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.

              Pension and Welfare Benefits Administration

                         salaries and expenses

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $1,600,000, to remain available until 
     expended: 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.

             Occupational Safety and Health Administration

                         salaries and expenses

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $1,000,000, to remain available until 
     expended: 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.

                        Departmental Management

                         salaries and expenses

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $5,880,000, to remain available until 
     expended: 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 HEALTH AND HUMAN SERVICES

                        Office of the Secretary

            public health and social services emergency fund

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, and for other 
     expenses necessary to support activities related to 
     countering potential biological, disease, and chemical 
     threats to civilian populations, for ``Public Health and 
     Social Services Emergency Fund'', $2,752,650,000, to remain 
     available until expended: Provided, That, of such amount 
     $1,262,000,000 shall be distributed as follows: $920,000,000 
     for the Centers for Disease Control and Prevention, of which 
     up to $85,000,000 shall remain available until expended for 
     equipment and construction of facilities; $115,000,000 for 
     the National Institute of Allergy and Infectious Diseases; 
     $160,000,000 for the National Institutes of Health, Buildings 
     and Facilities, which shall remain available until expended; 
     $15,000,000 for the Health Resources and Services 
     Administration; $12,000,000 for the Office of Emergency 
     Preparedness; and $40,000,000 for the Substance Abuse and 
     Mental Health Services Administration: Provided further, That 
     the amount provided in this paragraph is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985: Provided further, That such amount shall 
     be available only to the extent that an official budget 
     request, that includes designation of the entire amount of 
     the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, is 
     transmitted by the President to the Congress.

                        DEPARTMENT OF EDUCATION

                      School Improvement Programs

       For an additional amount for ``School Improvement 
     Programs'', $110,000,000, to remain available until expended: 
     Provided, That, of such amount, $10,000,000 shall be to 
     provide education-related services to local educational 
     agencies in which the learning environment has been disrupted 
     due to a violent or traumatic crisis, for the Project School 
     Emergency Response to Violence program: Provided further, 
     That, of such amount, $100,000,000, shall be for carrying out 
     activities authorized under subpart 2 of part A of title IV 
     of the Elementary and Secondary Education Act of 1965: 
     Provided further, That,

[[Page 23214]]

     notwithstanding any other provision of law, the funds 
     referred to in the second proviso shall be used to provide 
     grants to local educational agencies and institutions of 
     higher education for the purpose of implementing, 
     coordinating, and improving emergency response plans with 
     local law enforcement, public safety, health, and mental 
     health agencies; training school personnel, students, and 
     parents in emergency response procedures; implementing 
     security measures for high-risk areas and facilities; and 
     purchasing, installing, and upgrading security equipment and 
     technology: Provided further, That the funds referred to in 
     the second proviso shall be made available only to local 
     educational agencies and institutions of higher education 
     that demonstrate a need for financial assistance and a lack 
     of resources to implement emergency preparedness and security 
     improvements: 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: 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.

                            Higher Education

       For an additional amount for ``Higher Education'' for 
     emergency expenses for carrying out activities authorized by 
     title VI of the Higher Education Act of 1965 and the Mutual 
     Educational and Cultural Exchange Act of 1961, $20,000,000, 
     to remain available through September 30, 2002: Provided, 
     That, notwithstanding any other provision of law, funds made 
     available in this Act and in the Departments of Labor, Health 
     and Human Services, and Education, and Related Agencies 
     Appropriations Act, 2002, to carry out title VI of the Higher 
     Education Act of 1965 and the Mutual Educational and Cultural 
     Exchange Act of 1961 may be used to support visits and study 
     in foreign countries by individuals who are participating in 
     advanced foreign language training and international studies 
     in areas that are vital to U.S. national security and who 
     plan to apply their language skills and knowledge of these 
     countries in the fields of government, the professions, or 
     international development: Provided further, That up to 1 
     percent of the funds referred to in the preceding proviso may 
     be used for program evaluation, national outreach, and 
     information dissemination activities: Provided further, That 
     the amount provided in this paragraph is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985: Provided further, That such amount shall 
     be available only to the extent that an official budget 
     request, that includes designation of the entire amount of 
     the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, is 
     transmitted by the President to the Congress.

                            RELATED AGENCIES

                     National Labor Relations Board

                         salaries and expenses

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $180,000, to remain available until expended: 
     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.

                     Social Security Administration

                 limitation on administrative expenses

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Limitation 
     on Administrative Expenses'', $7,500,000, to remain available 
     until expended: 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.

                     CHAPTER 9--LEGISLATIVE BRANCH

                           LEGISLATIVE BRANCH

               Legislative Branch Emergency Response Fund

                     (Including Transfer of Funds)

       For emergency expenses to respond to the September 11, 2001 
     terrorist attacks on the United States, $256,081,000 to 
     remain available until expended: Provided, That $34,500,000 
     shall be transferred to ``SENATE--Sergeant at Arms and 
     Doorkeeper of the Senate'' and shall be obligated with prior 
     notification to the Committee on Appropriations of the 
     Senate: Provided further, That $40,712,000 shall be 
     transferred to ``HOUSE OF REPRESENTATIVES--Salaries and 
     Expenses'' and shall be obligated with prior notification to 
     the Committee on Appropriations of the House of 
     Representatives: Provided further, That $1,000,000 shall be 
     transferred as a grant to the United States Capitol 
     Historical Society: Provided further, That the remaining 
     balance of $179,869,000, together with any other amounts 
     provided to any entity in the legislative branch which are 
     derived from the Emergency Response Fund established by 
     Public Law 107-38 and which remain unobligated as of the date 
     of the enactment of this Act (other than any amounts provided 
     to the House of Representatives or Senate), shall be 
     transferred to the Capitol Police Board, who shall transfer 
     to the affected entities of the legislative branch such 
     amounts as the Capitol Police Board considers appropriate, 
     with prior notification to the Committees on Appropriations 
     of the House of Representatives and Senate: 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.

                        HOUSE OF REPRESENTATIVES

                       Administrative Provisions

       Sec. 901. (a) Acquisition of Buildings and Facilities.--
     Notwithstanding any other provision of law, in order to 
     respond to an emergency situation, the Chief Administrative 
     Officer of the House of Representatives may acquire buildings 
     and facilities for the use of the House of Representatives by 
     lease, purchase, or such other arrangement as the Chief 
     Administrative Officer considers appropriate (including a 
     memorandum of understanding with the head of an Executive 
     Agency, as defined in section 105 of title 5, United States 
     Code, in the case of a building or facility under the control 
     of such Agency), subject to the approval of the House Office 
     Building Commission.
       (b) Agreements.--Notwithstanding any other provision of 
     law, for purposes of carrying out subsection (a), the Chief 
     Administrative Officer may carry out such activities and 
     enter into such agreements related to the use of any building 
     or facility acquired pursuant to such subsection as the Chief 
     Administrative Officer considers appropriate, including--
       (1) agreements with the United States Capitol Police or any 
     other entity relating to the policing of such building or 
     facility; and
       (2) agreements with the Architect of the Capitol or any 
     other entity relating to the care and maintenance of such 
     building or facility.
       (c) Authority of Capitol Police and Architect.--
       (1) Architect of the capitol.--Notwithstanding any other 
     provision of law, the Architect of the Capitol may take any 
     action necessary to carry out an agreement entered into with 
     the Chief Administrative Officer pursuant to subsection (b).
       (2) Capitol police.--Section 9 of the Act of July 31, 1946 
     (40 U.S.C. 212a) is amended--
       (A) by striking ``The Capitol Police'' and inserting ``(a) 
     The Capitol Police''; and
       (B) by adding at the end the following new subsection:
       ``(b) For purposes of this section, `the United States 
     Capitol Buildings and Grounds' shall include any building or 
     facility acquired by the Chief Administrative Officer of the 
     House of Representatives for the use of the House of 
     Representatives for which the Chief Administrative Officer 
     has entered into an agreement with the United States Capitol 
     Police for the policing of the building or facility.''.
       (d) Transfer of Certain Funds.--Subject to the approval of 
     the Committee on Appropriations of the House of 
     Representatives, the Architect of the Capitol may transfer to 
     the Chief Administrative Officer amounts made available to 
     the Architect for necessary expenses for the maintenance, 
     care and operation of the House office buildings during a 
     fiscal year in order to cover any portion of the costs 
     incurred by the Chief Administrative Officer during the year 
     in acquiring a building or facility pursuant to subsection 
     (a).
       (e) Effective Date.--This section and the amendments made 
     by this section shall apply with respect to fiscal year 2002 
     and each succeeding fiscal year.
       Sec. 902. (a) Notwithstanding any other provision of law--
       (1) subject to subsection (b), the Chief Administrative 
     Officer of the House of Representatives and the head of an 
     Executive Agency (as defined in section 105 of title 5, 
     United States Code) may enter into a memorandum of 
     understanding under which the Agency may provide facilities, 
     equipment, supplies, personnel, and other support services 
     for the use of the House of Representatives during an 
     emergency situation; and
       (2) the Chief Administrative Officer and the head of the 
     Agency may take any action

[[Page 23215]]

     necessary to carry out the terms of the memorandum of 
     understanding.
       (b) The Chief Administrative Officer of the House of 
     Representatives may not enter into a memorandum of 
     understanding described in subsection (a)(1) without the 
     approval of the Speaker of the House of Representatives.
       (c) This section shall apply with respect to fiscal year 
     2002 and each succeeding fiscal year.
       Sec. 903. (a) There is established in the House of 
     Representatives an office to be known as the House of 
     Representatives Office of Emergency Planning, Preparedness, 
     and Operations. The Office shall be responsible for 
     mitigation and preparedness operations, crisis management and 
     response, resource services, and recovery operations.
       (b) There is established the House of Representatives 
     Continuity of Operations Board, comprised of the Clerk, the 
     Sergeant-at-Arms, and the Chief Administrative Officer of the 
     House of Representatives. The Clerk shall be the Chairman of 
     the Board.
       (c) The Board--
       (1) shall appoint and set the annual rate of pay for 
     employees of the Office, including a Director, who shall be 
     the head of the Office and shall carry out the day-to-day 
     operations of the Office under the supervision of the Board;
       (2) shall exercise, with respect to any employee of the 
     Office, the authority referred to in section 8344(k)(2)(B) of 
     title 5, United States Code, and the authority referred to in 
     section 8468(h)(2)(B) of title 5, United States Code;
       (3) shall approve procurement of services of experts and 
     consultants by the Office or by committees or other entities 
     of the House of Representatives for assignment to the Office; 
     and
       (4) may request the head of any Federal department or 
     agency to detail to the Office, on a reimbursable basis, any 
     of the personnel of the department or agency.
       (d) Until otherwise provided by law, funds shall be 
     available for the Office from amounts appropriated for the 
     operations of the House of Representatives.
       (e) This section shall take effect on the date of the 
     enactment of this Act and shall apply to fiscal years 
     beginning with fiscal year 2002.

                        OTHER LEGISLATIVE BRANCH

                       Administrative Provisions

       Sec. 904. (a) Section 1(c) of Public Law 96-152 (40 U.S.C. 
     206-1) is amended by striking ``but not to exceed'' and all 
     that follows and inserting the following: ``but not to exceed 
     $2,500 less than the lesser of the annual salary for the 
     Sergeant at Arms of the House of Representatives or the 
     annual salary for the Sergeant at Arms and Doorkeeper of the 
     Senate.''.
       (b) The Assistant Chief of the Capitol Police shall receive 
     compensation at a rate determined by the Capitol Police 
     Board, but not to exceed $1,000 less than the annual salary 
     for the chief of the United States Capitol Police.
       (c) This section and the amendment made by this section 
     shall apply with respect to pay periods beginning on or after 
     the date of the enactment of this Act.
       Sec. 905. In addition to the authority provided under 
     section 121 of the Legislative Branch Appropriations Act, 
     2002, at any time on or after the date of the enactment of 
     this Act, the Capitol Police Board may accept contributions 
     of recreational, comfort, and other incidental items and 
     services to support officers and employees of the United 
     States Capitol Police while such officers and employees are 
     on duty in response to emergencies involving the safety of 
     human life or the protection of property.
       Sec. 906. (a) Section 9 of the Act of July 31, 1946 (40 
     U.S.C. 212a) is amended by adding at the end the following 
     new subsection:
       ``(c)(1) For purposes of this section, `the United States 
     Capitol Buildings and Grounds' shall include all buildings 
     and grounds of the United States Botanic Garden, including 
     the National Garden and Bartholdi Park.
       ``(2) For purposes of this section, the Joint Committee on 
     the Library may suspend the application of section 4 of this 
     Act to the buildings and grounds described in paragraph (1) 
     in order to promote the interests of the United States 
     Botanic Garden.''.
       (b) The amendment made by subsection (a) shall apply with 
     respect to fiscal year 2002 and each succeeding fiscal year.
       Sec. 907. (a) Assistance for Capitol Police From Executive 
     Departments and Agencies.--Notwithstanding any other 
     provision of law, Executive departments and Executive 
     agencies may assist the United States Capitol Police in the 
     same manner and to the same extent as such departments and 
     agencies assist the United States Secret Service under 
     section 6 of the Presidential Protection Assistance Act of 
     1976 (18 U.S.C. 3056 note), except as may otherwise be 
     provided in this section.
       (b) Terms of Assistance.--Assistance under this section 
     shall be provided--
       (1) consistent with the authority of the Capitol Police 
     under sections 9 and 9A of the Act of July 31, 1946 (40 
     U.S.C. 212a and 212a-2);
       (2) upon the advance written request of--
       (A) the Chairman of the Capitol Police Board, or
       (B) in the absence of the Chairman of the Capitol Police 
     Board--
       (i) the Sergeant at Arms and Doorkeeper of the Senate, in 
     the case of any matter relating to the Senate; or
       (ii) the Sergeant at Arms of the House of Representatives, 
     in the case of any matter relating to the House; and
       (3) either--
       (A) on a temporary and reimbursable basis, or
       (B) on a permanent reimbursable basis upon advance written 
     request of the Chairman of the Capitol Police Board.
       (c) Reports on Expenditures for Assistance.--
       (1) Reports.--With respect to any fiscal year in which an 
     Executive department or Executive agency provides assistance 
     under this section, the head of that department or agency 
     shall submit a report not later than 30 days after the end of 
     the fiscal year to the Chairman of the Capitol Police Board.
       (2) Contents.--The report submitted under paragraph (1) 
     shall contain a detailed account of all expenditures made by 
     the Executive department or Executive agency in providing 
     assistance under this section during the applicable fiscal 
     year.
       (3) Summary of reports.--After receipt of all reports under 
     paragraph (2) with respect to any fiscal year, the Chairman 
     of the Capitol Police Board shall submit a summary of such 
     reports to the Committees on Appropriations of the Senate and 
     the House of Representatives.
       (d) Effective Date.--This section shall apply with respect 
     to fiscal year 2002 and each succeeding fiscal year.
       Sec. 908. (a) Notwithstanding any other provision of law, 
     the United States Capitol Preservation Commission established 
     under section 801 of the Arizona-Idaho Conservation Act of 
     1988 (40 U.S.C. 188a) may transfer to the Architect of the 
     Capitol amounts in the Capitol Preservation Fund established 
     under section 803 of such Act (40 U.S.C. 188a-2) if the 
     amounts are to be used by the Architect for the planning, 
     engineering, design, or construction of the Capitol Visitor 
     Center.
       (b) Any amounts transferred pursuant to subsection (a) 
     shall remain available for the use of the Architect of the 
     Capitol until expended.
       (c) This section shall apply with respect to fiscal year 
     2002 and each succeeding fiscal year.
       Sec. 909. (a) Section 1 of Public Law 93-180 (40 U.S.C. 
     166d) is amended--
       (1) by striking ``secure, through rental, lease, or other 
     appropriate agreement, storage space'' and inserting 
     ``acquire, through purchase, lease, or other appropriate 
     arrangement, property or space'';
       (2) by inserting ``the United States Capitol Police,'' 
     after ``Representatives,''; and
       (3) by striking ``as such Commission and committee may 
     authorize'' and inserting ``as the Architect deems reasonable 
     and appropriate''.
       (b) Nothing in the amendment made by subsection (a) may be 
     construed to affect the authority provided to the Architect 
     of the Capitol under section 128 of the Legislative Branch 
     Appropriations Act, 2002, to secure the property described in 
     such section.
       (c) The amendment made by subsection (a) shall apply with 
     respect to fiscal year 2002 and each succeeding fiscal year.
       Sec. 910. (a) Public Law 107-68 is amended in the item 
     relating to ``ARCHITECT OF THE CAPITOL--Capitol Visitor 
     Center''--
       (1) by striking ``unassigned space in the'';
       (2) by striking ``for House space''; and
       (3) by striking ``for Senate space''.
       (b) The amendment made by subsection (a) shall take effect 
     as if included in the enactment of Public Law 107-68.
       Sec. 911. (a) In accordance with the authority described in 
     section 308(a) of the Legislative Branch Appropriations Act, 
     1988 (40 U.S.C. 166b-3a(a)), section 108 of the Legislative 
     Branch Appropriations Act, 1991 (40 U.S.C. 166b-3b), as 
     amended by section 129(c)(1) of the Legislative Branch 
     Appropriations Act, 2002, is amended by adding at the end the 
     following new subsection:
       ``(c) The Architect of the Capitol may fix the rate of 
     basic pay for not more than 4 positions for Executive Project 
     Directors whose salary is payable from project funds, at a 
     rate not to exceed 95 percent of the highest total rate of 
     pay for the Senior Executive Service under subchapter VIII of 
     chapter 53 of title 5, United States Code, for the locality 
     involved.''.
       (b) The amendment made by subsection (a) shall apply with 
     respect to pay periods beginning on or after October 1, 2001.
       Sec. 912. (a) Public Law 107-68 is amended by adding at the 
     end the following:
       ``This Act may be cited as the `Legislative Branch 
     Appropriations Act, 2002'.''.
       (b) The amendment made by subsection (a) shall take effect 
     as if included in the enactment of Public Law 107-68.

        CHAPTER 10--DEPARTMENT OF DEFENSE, MILITARY CONSTRUCTION

                      Military Construction, Army

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Military 
     Construction, Army'', $195,479,500, for activities in support 
     of anti-terrorism efforts and force protection, to remain 
     available until September 30, 2006: Provided, That, 
     notwithstanding any other provision of law, such

[[Page 23216]]

     funds may be obligated or expended for military construction 
     projects not otherwise authorized by law: Provided further, 
     That, of this amount, not to exceed $10,804,500 shall be 
     available for study, planning, design, architect and engineer 
     services, and host nation support, as authorized by law, 
     unless the Secretary of Defense determines that additional 
     obligations are necessary for such purposes and notifies the 
     Committees on Appropriations of his determination and the 
     reasons therefor: 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: 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.

                      Military Construction, Navy

       For an additional amount for ``Military Construction, 
     Navy'' for activities in support of anti-terrorism efforts 
     and force protection, $131,217,400, to remain available until 
     September 30, 2006: Provided, That, notwithstanding any other 
     provision of law, such funds may be obligated or expended for 
     military construction projects not otherwise authorized by 
     law: Provided further, That, of this amount, not to exceed 
     $7,427,400 shall be available for study, planning, design, 
     architect and engineer services, as authorized by law, unless 
     the Secretary of Defense determines that additional 
     obligations are necessary for such purposes and notifies the 
     Committees on Appropriations of his determination and the 
     reasons therefor: 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: 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.

                    Military Construction, Air Force

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Military 
     Construction, Air Force'', $68,069,680, for activities in 
     support of anti-terrorism efforts and force protection, to 
     remain available until September 30, 2006: Provided, That, 
     notwithstanding any other provision of law, such funds may be 
     obligated or expended for military construction projects not 
     otherwise authorized by law: Provided further, That, of this 
     amount, not to exceed $1,441,680 shall be available for 
     study, planning, design, architect and engineer services, as 
     authorized by law, unless the Secretary of Defense determines 
     that additional obligations are necessary for such purposes 
     and notifies the Committees on Appropriations of his 
     determination and the reasons therefor: 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: 
     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.

                  Military Construction, Defense-wide

       For an additional amount for ``Military Construction, 
     Defense-wide'' for activities in support of anti-terrorism 
     efforts and force protection, $482,014,860, to remain 
     available until September 30, 2006: Provided, That, 
     notwithstanding any other provision of law, such funds may be 
     obligated or expended for military construction projects not 
     otherwise authorized by law: Provided further, That, of this 
     amount, not to exceed $27,283,860 shall be available for 
     study, planning, design, architect and engineer services, as 
     authorized by law, unless the Secretary of Defense determines 
     that additional obligations are necessary for such purposes 
     and notifies the Committees on Appropriations of his 
     determination and the reasons therefor: 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: 
     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.

                           General Provisions

       Sec. 1001. The Secretary of Defense may transfer to the 
     Defense Emergency Response Fund amounts appropriated in 
     Military Construction Appropriations Acts if the Secretary 
     makes a determination that amounts in the Fund are 
     insufficient to carry out needed military construction 
     projects. In exercising the transfer authority provided by 
     this section, the Secretary of Defense shall first transfer 
     unobligated balances remaining from fiscal year 2001 and 
     earlier fiscal years before transferring any amounts 
     appropriated in the Military Construction Appropriations Act, 
     2002. Amounts so transferred shall be available solely for 
     military construction projects, including activities 
     described in section 2802(b) of title 10, United States Code, 
     and the Secretary of Defense shall also comply with the 
     notification requirements of section 2808(b) of such title 
     when a decision is made to undertake a military construction 
     project using amounts appropriated or transferred to the 
     Fund. Under this transfer authority, the Secretary shall 
     provide an accompanying form 1391 to the appropriate 
     committees of Congress.
       Sec. 1002. Amounts made available to the Department of 
     Defense from funds appropriated in Public Law 107-38 and this 
     Act may be used to carry out military construction projects, 
     not otherwise authorized by law, that the Secretary of 
     Defense determines are necessary to respond to or protect 
     against acts or threatened acts of terrorism. The Secretary 
     shall provide prior notification of each project and an 
     accompanying form 1391 to the appropriate committees of 
     Congress.

     CHAPTER 11--DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                        OFFICE OF THE SECRETARY

                         Salaries and Expenses

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $458,000, to remain available until expended: 
     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.

                 Transportation Security Administration

       For necessary expenses for the establishment and operations 
     of the Transportation Security Administration, $15,000,000, 
     to remain available until expended: Provided, That the 
     obligation of funds under this heading shall be subject to 
     the enactment of legislation authorizing the establishment of 
     such Administration: 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.

          Aircraft Passenger and Baggage Screening Activities

       For necessary expenses of the Secretary of Transportation 
     to carry out responsibilities for the screening of passengers 
     and property on passenger aircraft in air transportation that 
     originates in the United States or intrastate air 
     transportation that, on September 11, 2001, was performed by 
     an employee or agent of an air carrier, intrastate air 
     carrier, or foreign air carrier, $1,000,000,000, to remain 
     available until expended: Provided, That none of the funds 
     under this heading may be obligated or expended until 
     enactment of legislation authorizing (1) the conduct of such 
     activities, whether by contract, grant, or direct Federal 
     personnel, by an organization within the Department of 
     Transportation other than the Federal Aviation 
     Administration; (2) the collection of passenger and baggage 
     screening user fees designed to offset the cost of these 
     activities; and (3) the crediting of the fees as offsetting 
     collections to the account financing the activities and 
     services for which the fee is imposed: Provided further, That 
     the sum herein appropriated shall be reduced, on a dollar for 
     dollar basis, as such offsetting collections are received, so 
     as to result in a final fiscal year 2002 appropriation of 
     zero.

      Over-the-Road Bus and Passenger Rail Security Grant Program

       For the Secretary of Transportation to award grants 
     competitively to passenger rail and over-the-road bus 
     operators to finance the costs of enhancing the security of 
     their facilities and operations, $200,000,000, to remain 
     available until expended: Provided, That not less than 
     $125,000,000 of such amount shall be awarded to the National 
     Railroad Passenger Corporation: Provided further, That the 
     amount provided in this paragraph is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985: Provided further, That such amount shall 
     be available only to the extent that an official budget 
     request, that includes designation of the entire amount of 
     the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control

[[Page 23217]]

     Act of 1985, is transmitted by the President to the Congress.

                          Port Security Grants

       For the Secretary of Transportation to award grants 
     competitively to critical national seaports to finance the 
     costs of enhancing facility and operational security, 
     $200,000,000, to remain available until expended: 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.

                              COAST GUARD

                           Operating Expenses

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Operating 
     Expenses'', $368,356,000, to remain available until expended: 
     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.

                    FEDERAL AVIATION ADMINISTRATION

                               Operations

                    (airport and airway trust fund)

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for 
     ``Operations'', $291,500,000, to be derived from the Airport 
     and Airway Trust Fund and to remain available until expended: 
     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.

                        Facilities and Equipment

                    (airport and airway trust fund)

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Facilities 
     and Equipment'', $480,000,000, to be derived from the Airport 
     and Airway Trust Fund and to remain available until expended: 
     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.

                    Airport Operator Security Costs

       For emergency expenses to respond to the September 11, 2001 
     terrorist attacks on the United States, for ``Airport 
     Operator Security Costs'', $200,000,000, to remain available 
     until expended: Provided, That funds under this heading are 
     only available for the Administrator of the Federal Aviation 
     Administration to reimburse airport operators for direct 
     costs that such operators incurred to comply with new, 
     additional, or revised security requirements imposed by the 
     Federal Aviation Administration on or after September 11, 
     2001: Provided further, That within 30 days of enactment of 
     this Act, the Administrator, after consultation with airport 
     operators, shall publish in the Federal Register the 
     administrative procedures by which airport operators may file 
     claims for reimbursement, including written justification 
     required to support such claim: Provided further, That the 
     amount of compensation payable to an airport operator may not 
     exceed the amount of costs that the airport operator 
     demonstrates to the satisfaction of the Administrator, using 
     sworn financial statements or other appropriate data, that 
     the airport operator incurred as a direct result of security 
     activities beginning on or after September 11, 2001: Provided 
     further, That in establishing criteria for obligating funds 
     under this heading, the Administrator shall give special 
     consideration to any commercial service airport which was 
     closed for an unusually long period of time due to security 
     concerns arising from the terrorist attacks of September 11, 
     2001.

                     FEDERAL HIGHWAY ADMINISTRATION

                          Federal-Aid Highways

                        emergency relief program

                          (highway trust fund)

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Emergency 
     Relief Program'', as authorized by section 125 of title 23, 
     United States Code, $75,000,000, to be derived from the 
     Highway Trust Fund and to remain available until expended: 
     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.

                          Federal-Aid Highways

                   intelligent transportation systems

                          (highway trust fund)

       For an additional amount for ``Intelligent Transportation 
     Systems'', to respond to the September 11, 2001 terrorist 
     attacks on the United States, $20,000,000, to be derived from 
     the Highway Trust Fund and to remain available until 
     expended: 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.

                    FEDERAL RAILROAD ADMINISTRATION

                         Safety and Operations

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Safety and 
     Operations'', $6,000,000, to remain available until expended: 
     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.

                     FEDERAL TRANSIT ADMINISTRATION

                             Formula Grants

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Formula 
     Grants'', $39,500,000, to remain available until expended: 
     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.

              RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

                     Research and Special Programs

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Research 
     and Special Programs'', $2,500,000, to remain available until 
     expended: 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.

                             RELATED AGENCY

                  NATIONAL TRANSPORTATION SAFETY BOARD

                         Salaries and Expenses

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $465,000, to remain available until expended: 
     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.

              CHAPTER 12--TREASURY AND GENERAL GOVERNMENT

                       DEPARTMENT OF THE TREASURY

           Treasury Inspector General for Tax Administration

                         salaries and expenses

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $2,032,000, to remain available until

[[Page 23218]]

     expended: 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.

                  Financial Crimes Enforcement Network

                         salaries and expenses

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $1,700,000, to remain available until 
     expended: 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.

                Federal Law Enforcement Training Center

                         Salaries and Expenses

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $23,231,000, to remain available until 
     expended: 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.

     Acquisition, Construction, Improvements, and Related Expenses

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for 
     ``Acquisition, Construction, Improvements, and Related 
     Expenses'', $8,500,000, to remain available until expended: 
     Provided, That, in order to expedite the acquisition of 
     architectural and engineering services for the construction 
     of facilities at the Cheltenham, Maryland, training facility, 
     the Federal Law Enforcement Training Center may procure such 
     services without regard to (1) the competition requirements 
     of section 303 of the Federal Property and Administrative 
     Services Act of 1949 (41 U.S.C. 253); (2) the 6 percent fee 
     limitation on such services set forth in section 304(b) of 
     such Act (41 U.S.C. 254(b)); and (3) the procurement notice 
     requirements of section 18 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 416): 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: 
     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.

                      Financial Management Service

                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', to 
     respond to the September 11, 2001 terrorist attacks on the 
     United States, $600,000, to remain available until expended: 
     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.

                Bureau of Alcohol, Tobacco and Firearms

                         salaries and expenses

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $31,431,000, to remain available until 
     expended: 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 Customs Service

                         salaries and expenses

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $448,026,000, to remain available until 
     expended: 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.

  operation, maintenance and procurement, air and marine interdiction 
                                programs

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Operation, 
     Maintenance and Procurement, Air and Marine Interdiction 
     Programs'', $6,700,000, to remain available until expended: 
     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.

                        Internal Revenue Service

                 processing, assistance, and management

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for 
     ``Processing, Assistance and Management'', $16,658,000, to 
     remain available until expended: 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.

                          tax law enforcement

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Tax Law 
     Enforcement'', $4,544,000, to remain available until 
     expended: 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.

                          information systems

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for 
     ``Information Systems'', $2,443,000, to remain available 
     until expended: 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.

                     business systems modernization

       For an additional amount for ``Business Systems 
     Modernization'', to respond to the September 11, 2001 
     terrorist attacks on the United States, $13,548,000, to 
     remain available until expended, for systems backup: 
     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 to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $104,769,000, to remain available until 
     expended: 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

[[Page 23219]]

     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 Fund'', to respond to the September 11, 2001 
     terrorist attacks on the United States, $510,500,000, to 
     remain available until expended: 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: 
     Provided further, That, of such amount, $500,000,000 shall 
     not be available for obligation until the Postal Service 
     submits to the Committees on Appropriations, and the 
     Committee on Government Reform of the House of 
     Representatives, a comprehensive plan to combat the threat of 
     dangerous biological substances in the mail.

                   EXECUTIVE OFFICE OF THE PRESIDENT

                        Office of Administration

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', to 
     respond to the September 11, 2001 terrorist attacks on the 
     United States and to ensure the continuity of support and 
     services to the President and Vice President of the United 
     States, $50,040,000, to remain available until expended: 
     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.

                          INDEPENDENT AGENCIES

                    General Services Administration

                        real property activities

                         federal buildings fund

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Federal 
     Buildings Fund'', $200,500,000, to remain available until 
     expended: 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.

              National Archives and Records Administration

                           operating expenses

       For an additional amount for ``Operating Expenses'', to 
     respond to the September 11, 2001 terrorist attacks on the 
     United States, $4,818,000, to remain available until 
     expended, for enhanced security services: 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.

                        repairs and restoration

       For an additional amount for ``Repairs and Restoration'', 
     to respond to the September 11, 2001 terrorist attacks on the 
     United States, $2,180,000, to remain available until 
     expended, for construction of enhanced security features: 
     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.

   CHAPTER 13--DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN 
                 DEVELOPMENT, AND INDEPENDENT AGENCIES

                     DEPARTMENT OF VETERANS AFFAIRS

                       General Operating Expenses

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``General 
     Operating Expenses'', $2,000,000, to remain available until 
     expended: 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 HOUSING AND URBAN DEVELOPMENT

                     Management and Administration

                      office of inspector general

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Office of 
     Inspector General'', $1,000,000, to remain available until 
     expended: 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.

                          INDEPENDENT AGENCIES

                    Environmental Protection Agency

                         science and technology

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Science 
     and Technology'', $10,000,000, to remain available until 
     expended: 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.

                 environmental programs and management

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for 
     ``Environmental Programs and Management'', $270,700,000, to 
     remain available until expended: 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.

                     hazardous substance superfund

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, and to support 
     activities related to countering terrorism, for ``Hazardous 
     Substance Superfund'', $11,800,000, to remain available until 
     expended: 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.

                   state and tribal assistance grants

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, and to support 
     activities related to countering potential biological and 
     chemical threats to populations, for ``State and Tribal 
     Assistance Grants'', $5,000,000, to remain available until 
     expended: 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.

                  Federal Emergency Management Agency

                            disaster relief

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Disaster 
     Relief'', $4,900,000,000, to remain available until expended: 
     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

[[Page 23220]]

     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.

                         salaries and expenses

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $30,000,000, to remain available until 
     expended: Provided, That, of such amount, not less than 
     $10,000,000 shall be for the National Security Division: 
     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: 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.

              emergency management planning and assistance

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Emergency 
     Management Planning and Assistance'', $185,000,000, to remain 
     available until expended: Provided, That, of such amount, 
     $35,000,000 shall be for to provide for grants to States and 
     localities for first responder training and equipment to 
     respond to terrorism, including incidents involving chemical 
     and biological weapons, of which not less than $10,000,000 
     shall be for support of the 2002 Winter Olympics: Provided 
     further, That, of such amount, $150,000,000 shall be for 
     programs authorized by section 33 of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229): 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: 
     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.

             National Aeronautics and Space Administration

                           human space flight

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Human 
     Space Flight'', $81,000,000, to remain available until 
     expended: 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.

                  science, aeronautics and technology

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Science, 
     Aeronautics and Technology'', $36,500,000, to remain 
     available until expended: 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.

                      office of inspector general

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Office of 
     Inspector General'', $3,000,000, to remain available until 
     expended: 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.

                      National Science Foundation

                    research and related activities

       For an additional amount to respond to the September 11, 
     2001 terrorist attacks on the United States, for ``Research 
     and Related Activities'', $300,000, to remain available until 
     expended: 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.

                     CHAPTER 14--GENERAL PROVISIONS

       Sec. 1401. No part of any appropriation contained in this 
     division shall remain available for obligation beyond the 
     current fiscal year unless expressly provided so herein.
       This division may be cited as the ``Emergency Supplemental 
     Act, 2002''.

  Mr. OBEY (during the reading). Mr. Chairman, I ask unanimous consent 
that the amendment be considered as read and printed in the Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Wisconsin?
  There was no objection.
  Mr. YOUNG of Florida. Mr. Chairman, I reserve a point of order on the 
amendment.
  The CHAIRMAN. The point of order is reserved.
  Mr. YOUNG of Florida. Mr. Chairman, I ask unanimous consent that 
debate on this amendment and any amendments thereto be limited to 90 
minutes, to be equally divided and controlled by the proponent, the 
gentleman from Wisconsin (Mr. Obey), and myself.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Florida?
  There was no objection.
  The CHAIRMAN. The gentleman from Wisconsin (Mr. Obey) will control 45 
minutes.
  The Chair recognizes the gentleman from Wisconsin (Mr. Obey).
  Mr. OBEY. Mr. Chairman, I yield myself 12 minutes.
  Mr. Chairman, what we have done at this point in the bill, and I 
sense a little confusion around here, what we have done is to conclude 
the core defense appropriation bill for the coming year. We are now 
moving on to the supplemental title, which deals with funding for many 
of the activities that were promised after the events of September 11.
  I want to say with respect to the proposal that is before us that 
there is no real difference between the minority and the majority on 
the items that are at present in the bill, as added by the committee.
  What the committee did, and let me back up and speak very frankly, 
when the chairman, the gentleman from Florida (Mr. Young), and I were 
trying to consider what other actions might be necessary to combat 
terrorism, in addition to those that were funded or that were going to 
be funded in the original $20 billion that was left over from the 
earlier agreement, his staff and mine began to work on a common list of 
actions that ought to be taken in order to protect our homeland.
  About halfway through that process, after we had expected to come to 
the floor and come to the committee with a bipartisan recommendation, 
as we all know, the White House decided that they were going to draw a 
line in the sand and that they were going to veto any bill which spent 
one dime more than they had requested for homeland security.
  So at that point, the chairman had some tough choices to make. I do 
not quarrel with any of the choices that he made, because he was being 
forced to operate within an artificial ceiling.
  But in my view, when I go home to my district and walk down Main 
Street in any significant town in my district and ask people what their 
priorities are, they put homeland security before many other 
expenditures in the budget. They put homeland security ahead of tax 
cuts. They put homeland security ahead of retroactively repealing the 
corporate minimum tax. They feel that the very first thing we need to 
do is to make certain that, to the greatest extent possible, we protect 
the safety of each and every American.
  So while I have no criticism whatsoever of the job that the chairmen 
of the various subcommittees did in working within the limits that were 
imposed on them, I feel those limits are ill-advised, shortsighted, and 
downright dangerous. That is why this amendment is before the House 
today.
  Mr. Chairman, this amendment is the amendment that we took to the 
Committee on Rules. It has not changed one comma, and I want to go 
through and describe briefly what it does, since we now have more time.

[[Page 23221]]

  If we take a look at the major problems facing us in the area of 
counterterrorism, we first of all are trying to add $322 million to 
upgrade State and local health departments and hospitals, so that the 
next time there is an anthrax attack or a smallpox attack or an attack 
of any kind, that our local and State public health authorities are 
prepared, ready, and equipped to deal with it.
  Right now, the sad truth is that in most communities in this country 
they are not sufficiently prepared to meet that kind of unexpected 
threat.
  We also would expand funding to create additional biosafety 
laboratories at NIH and Fort Detrick. We only have three level 4 
biohazard labs in the entire country. They are heavily taxed right now 
just dealing with the anthrax scare. They processed some 10 times as 
many samples over a 1-month period as they normally process in a year. 
We badly need additional national facilities to handle this potential 
threat.
  We wanted to provide $500 million as a downpayment on the $3 billion 
that the post office believes it is going to need to provide systems to 
sanitize future mail, so that we do not have to, on a daily basis, 
worry the way the country has had to worry the last 2 months.
  Airport and airline safety. We have mandated about $500 million in 
safety enforcement and upgrades at local airports around the country, 
but we are providing very little money to help them. We are asking in 
this amendment that $200 million be provided for that purpose.
  We are seeking to add $250 million more for cockpit door security, 
because the committee made the decision to add to the President's 
request for the number of sky marshals, but they paid for it by cutting 
the President's request on cockpit security.
  I do not criticize that choice. If I had to choose between the two, I 
would have made precisely the same choice as made by the majority, but 
I do not believe that we should have to choose between those two. I 
think that both are urgently needed, and we would provide the 
additional funding for that.
  We want to help the FBI upgrade its computer capacity, because right 
now they have a large number of computers that cannot even do pictures. 
When we are trying to get to the FBI agents all around the country the 
pictures of the fellows we are worried about who might be future 
terrorists, it would be kind of nice if the FBI computer system could 
accomplish that. It cannot right now, to the full extent that it needs 
to. We would provide money to fix that so that their new computer 
system would be online by next spring, rather than having to wait until 
2004.
  We provide a wide variety of other law enforcement additions as well.
  Then we get to the question of weapons of mass destruction. We are 
trying to add $191 million to try to secure weapons-grade nuclear 
material within the former Soviet Union, material which on 13 different 
occasions has fallen into the wrong hands and has been recovered. We do 
not know how many times that material has fallen into the wrong hands 
and has not been recovered. So we attempt to deal with that.
  We also attempt to deal with some grave national security threats at 
nuclear weapons-producing plants around the country. That is a high-
priority item.
  We try to add 790 additional Customs agents for the Canadian border, 
so we do not have a sieve instead of a systematic screening at that 
border.
  We are trying to provide also additional port security by providing 
an additional 640 Coast Guard positions for a fully annualized basis, 
rather than the 6 months that we now have in the bill.
  We are trying to provide 800 additional Customs Service agents for 
cargo inspections, because we only inspect 2 percent of the cargo 
containers that are found in ships that dock at American ports.
  Secretary Thompson indicated that what worried him most of all was 
the fact that only 1 percent of our food supply, of the food supply 
that we import, is inspected. We are trying to raise that to 10 
percent. I do not think that is an outlandish request.
  Then we are trying to take other actions to provide security upgrades 
for our community water systems around the country, and also trying to 
enhance the ability of the government to find, hire, and train people 
in Arabic, Farsi, Pashto, and a number of other languages for which our 
capacity right now is totally inadequate.
  So that is a brief description of what this amendment does, with one 
further addition. It has been said by OMB, the White House budget 
office, that this represents runaway spending. That is absolute 
nonsense. I would like to read one sentence in the bill:
  ``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.''
  What does that mean in plain English? It means that for every single 
line item in this bill, even though we make it available to the 
President so that it is there if he needs it in his holster, even 
though we make it available, he does not have to spend it unless he 
designates it as an emergency. So if in his judgment it is not an 
emergency, he still can prevent that money from being spent.
  I am not comfortable with that, but that is a concession we made to 
the White House to try to work out a bipartisan approach. I am 
flabbergasted and appalled that we would even be having this dispute, 
because what I think should have happened is that instead of summarily 
rejecting what we wanted to do in this package before they saw word one 
of what it was we were trying to do, what they would have done had they 
had some grace, they would have sat down with us and said, ``What is it 
that you are talking about that you want to do,'' and, ``Where can we 
agree and where can we disagree?''

                              {time}  1515

  Instead, they simply decided sight unseen: ``No more, cannot afford 
it.'' Well, it seems to me that that is a horrendous mistake. And I 
think public opinion by a wide margin would want us to provide these 
added protections that we seek to provide in this amendment.
  Mr. Chairman, I reserve the balance of my time.
  The CHAIRMAN. It is the understanding of the Chair that the gentleman 
from Florida (Mr. Young) would like to continue his reservation of a 
point of order through the period of controlled debate.
  The gentleman from Florida (Mr. Young) controls 45 minutes.
  Mr. YOUNG of Florida. Mr. Chairman, I do continue to reserve the 
point of order on the amendment.
  Mr. Chairman, I yield myself such time as I might consume.
  Mr. Chairman, what we are dealing with now is the second tier of the 
defense appropriations bill. We have completed consideration of the 
basic bill. We are now dealing with the $20 billion supplemental that 
is attached to the defense appropriations bill.
  I want to give just a real quick review of where we are and why we 
are here. Right after the terrorist attacks on September 11, we 
realized that there was going to be some funding needed immediately to 
respond to the attacks.
  The gentleman from Wisconsin (Mr. Obey) and I sat down together, and 
we began to work on what we thought would be an appropriate response by 
the Congress in the form of a supplemental appropriations bill. And we 
agreed to a $20 billion supplemental appropriations bill, and we had 
worked out most of the details. We were, in fact, sitting with our 
counterparts in the Senate, Senator Byrd and Senator Stevens, when the 
news flash came that the President had agreed to add an additional $20 
billion to help recovery in New York City. We were very supportive of 
that.
  We understand that, after the terrible terrorist attacks on the World 
Trade Center in New York, we are all New Yorkers and we all have an 
obligation to respond as quickly as we can. So we produced that $40 
billion supplemental appropriations bill. The President was able to 
direct the first $10 billion of that supplemental anywhere he

[[Page 23222]]

wished, to respond to the attacks and to begin the effort to prevent 
them from happening again.
  For the second $10 billion, the President had flexibility in how to 
use that $10 billion; but we required that he consult with the 
Committee on Appropriations of the House and the Senate 15 days prior 
to allocating those funds. So the first $20 billion is spoken for.
  We made the second $20 billion of the $40 billion in that law subject 
to the appropriations process. And so, Mr. Chairman, that is why we are 
here today. We are presenting the appropriations recommendations for 
that $20 billion figure.
  Now, the $20 billion figure includes pretty much what President Bush 
had asked for. We had worked with him. We worked with our 
subcommittees, and we made some changes in the $20 billion package; and 
the President did not object to those changes. So we think we have a 
good package here. However, there are many who believe, and Mr. 
Chairman, I am one of them, that before this is over, as the President 
has said repeatedly, this is going to be a long, drawn-out affair to 
seek out the terrorists, to destroy al Qaeda's ability to launch 
terrorist attacks against the United States or our interests wherever 
they might be.
  The military operation is going very successfully. I commend General 
Franks and all of those officers and men who have worked under him in 
this combat situation. They have done a really good job. It has been 
very methodical, and it has been very precise. They have done a really 
good job. The operation is moving along very well. We are not sure how 
much longer it might take. We are using a lot of munitions. We are 
spending a lot of money on that military operation.
  But in addition to that, Mr. Chairman, the gentleman from Wisconsin 
(Mr. Obey) and I have visited at the FBI, at their Intelligence and 
Operations Center; and we recognize, as the President has said, this is 
not an issue isolated to Afghanistan. We have located, and when I say 
``we,'' I am talking about the American Government, the FBI, the CIA, 
all of our law enforcement agencies, some of which we will not mention 
here, that have done a really good job in identifying terrorist cells 
scattered all over the world. It is going to be a long, drawn-out 
process to eliminate the ability of terrorists to attack America again.
  It is essential that we do not have any more World Trade Center-type 
attacks; that we do not have any more attacks on military installations 
like our Defense Department at the Pentagon just across the river here 
from the Capitol. So it is important that we disrupt totally the 
ability of any terrorist organizations to conduct terrorist activities 
against the United States.
  We want our people to go back to being able to live without fear. 
Americans should not live in fear. And we have to do everything 
possible to guarantee that Americans do not live in fear. We do not 
want our buildings or our properties attacked by terrorists. So, again, 
we have to disrupt their ability to do that.
  Now, I bring up this little bit of history because I do not know, and 
I do not think anybody can tell us today, what the final cost of that 
overall effort is going to be. As I said earlier, I tend to be one of 
those who believe it is going to be more than the $20 billion that we 
have already appropriated as an emergency supplemental. The President, 
I think, agrees with that; and I think he understands that there will 
be more needed for the military.
  We are using up munitions at a large rate and in some cases getting 
dangerously low. We are using a lot of fuel. We are putting a lot of 
wear and tear on our aircraft and our ships and all of our military 
equipment. So the military, the Defense Department, will need 
additional funding in order to not only maintain this military 
operation but to recover from it so that we do not let our forces and 
our guard down.
  In addition, the FBI has serious needs. The Border Patrol has serious 
needs. We have to protect our borders. We have to make sure that we 
stop the terrorists from coming into our country.
  Our public health systems all need support, whether it is for 
protection against anthrax, small pox, or whatever might be used as a 
terrorist weapon. We must be prepared, first of all, to prevent it, 
but, second, to deal with it if it should happen.
  Again, I say I do not know what the cost is going to be ultimately, 
and I do not think anyone else does today, including the President of 
the United States. I think he has done an extraordinary job in seeking 
out the terrorists and bringing punishment upon those who created this 
terrorist attack on the United States on September 11, and in pursuing 
al Qaeda and their fellow terrorists around the world. The President 
has said today, let us stay with the $40 billion total.
  That is a lot of money; there is no doubt about that. There is a lot 
of money in the pipeline already for the $40 billion, and the President 
has said that when we reach the point that we need additional funding, 
that he, the President, will immediately ask for a supplemental 
appropriations bill from the Congress.
  The Speaker of the House, in many meetings and many consultations, 
has told me that he supports the President's position and that he will, 
in fact, allow us to move a supplemental appropriations bill quickly 
when the time comes, if that need is identified.
  I have made this commitment, and I will make it again here today, 
that once the supplemental request is identified, I will move, as 
chairman of the Committee on Appropriations, that supplemental request 
in conjunction with my friend, the gentleman from Wisconsin (Mr. Obey). 
We will move that supplemental appropriations bill quickly through this 
House, and our colleagues in the Senate have agreed that they would do 
the same.
  So what I am suggesting today is that we cannot support today any 
amendment that goes above the $20 billion. But we will move immediately 
for a supplemental with the President's support and the Speaker's 
support when the time comes that we do identify a need that must be 
taken care of.
  Mr. Chairman, I reserve the balance of my time.
  Mr. OBEY. Mr. Chairman, I yield myself 2 minutes and simply make two 
points in response to the gentleman's comment.
  The issue is, should we provide this money now or should we wait 
until the administration decides at a later date that it might be 
necessary? I think strengthening inspections on the Canadian border is 
something that should happen now, not later. I think that port security 
personnel should occur now. I think that upgrading computers at the FBI 
ought to occur now, not 6 or 8 months from now. I think that providing 
additional security for a number of classified facilities around the 
country that have severe security lapses ought to be corrected now, not 
later.
  The problem with the supplemental is that we have no guarantee that 
it will not take months to get through. We can try to push it through 
this House very quickly. That is no guarantee it will go quickly in the 
other body.
  Secondly, if you do it on a supplemental, it will cost more. I have 
never in my life seen a supplemental pass through the Senate where we 
were able to get a Senator to vote for it by taking something out. 
Almost always they want to add something; and in the end, especially in 
an election year, the costs rise.
  So it seems to me the most fiscally disciplined way to proceed is the 
way we have outlined in this amendment.
  Mr. Chairman, I yield 3 minutes to the gentleman from Ohio (Mr. 
Brown).
  Mr. BROWN of Ohio. Mr. Chairman, I thank the gentleman from Wisconsin 
(Mr. Obey) for yielding me the time.
  I rise in support of the Obey amendment. Here is the issue. Partially 
preparing for a bioterrorist attack is about the same as not preparing 
at all. Bioterrorism preparedness is not preparedness without adequate 
funding.
  The majority and the administration have fallen far short of 
achieving this goal. For example, the demands on the Centers for 
Disease Control and its partners, State and local public health 
departments, have never been greater.

[[Page 23223]]

This week, CDC released a plan to respond to a smallpox attack relying 
heavily, heavily on local and State health departments; but public 
health facilities, more often than not, do not have the capacity today 
to implement that plan.
  Current funding levels cannot guarantee or even partially guarantee 
preparedness for health departments. We can stockpile vaccines and 
antibiotics; but without people on the ground to quickly identify and 
quickly respond to threats, we simply are not prepared.
  I want to remind my colleagues that stockpiling and distributing 
antibiotics will only be a useful strategy against bioterrorism if the 
underlying strengths of these antibiotics is ensured and maintained.
  Monitoring antibiotic resistance must be part of our national 
strategy. During the last couple of months, thousands of Americans have 
been prescribed the antibiotic Cipro because of a legitimate risk of 
exposure to anthrax. Physicians tell us this use of antibiotics is 
appropriate, but thousands of other Americans have sought prescriptions 
for Cipro without any indication of need or risk of infection.
  If the U.S. and the rest of the world begin using antibiotics like 
Cipro, without any indication of need or even a risk of infections, if 
that happens, these drugs will lose their effectiveness. When facing 
lethal diseases like anthrax, it is important to find an effective 
therapy quickly. Any delay can result in the deaths, literally, of 
thousands of individuals.
  To adequately prepare for a bioterrorist attack, State and local 
health departments must be equipped to rapidly identify and respond to 
antibiotic-resistant strains of anthrax. We must isolate emerging 
antibiotic-resistant pathogens, track antibiotic overuse and misuse, 
monitor the effectiveness of existing treatments over time; and that 
takes money, the money the administration and the majority have refused 
to allocate.
  As the gentleman from Wisconsin (Mr. Obey) said, ensuring the safety 
of imported foods was important before September 11, but more important 
now. Americans would be astounded to know that the FDA is able to 
inspect only seven-tenths of 1 percent of all the food that comes into 
this country. That is one out of 140 crates of broccoli; one out of 140 
crates of fruit; one out of 140 boxes of any imported food.
  The FDA says to Congress it wants to ensure the safety of the food, 
but the money is not there without the Obey amendment. The events of 
September 11 require us to do more. Secretary Thompson a month ago 
said, ``Am I satisfied with the inspection we are doing? No, I am more 
fearful about this than anything else,'' he says. He wants to get to a 
level of 10 percent inspection on imports, which would cost $300 
million.
  The gentleman from Wisconsin (Mr. Obey's) amendment allocates that 
$300 million. Vote for the Obey amendment.

                              {time}  1530

  Mr. YOUNG of Florida. Mr. Chairman, I yield such time as he may 
consume to the gentleman from Illinois (Mr. Kirk).
  Mr. KIRK. Mr. Chairman, I rise to speak to issues regarding the Great 
Lakes dental facility activity and the need for the high-speed anti-
radiation missile.
  Mr. Chairman, the Great Lakes facility, in my district, is home to 
the military dental research program, a joint venture of the Navy and 
Army. In fiscal year 2001, the Congress provided $4 million for this 
program. The research done at this laboratory is unique and not 
duplicated by any other federal or civilian research program. It 
focuses on keeping our nation's troops orally healthy and prepared for 
active duty at all times.
  Because of funding provided by Congress and your Committee, the 
dental researchers have been able to develop: a combat face shield to 
prevent head and neck casualties; dental materials which can be used in 
harsh military environments; and an anti-plaque agent to prevent dental 
diseases during military deployments.
  Recent figures from Bosnia showed that there was a dental emergency 
rate of 15.6 percent for deployed personnel. A dental emergency is when 
active duty personnel are out of action due to an oral condition. 
Evacuating soldiers because of severe oral conditions can be very 
expensive . . . costing thousands of dollars. Therefore, the 
researchers' goal is to keep the troops in good oral health and to 
perform treatment on site. Research underway today is also focusing on 
trying to prevent such emergencies from happening. They hope to more 
accurately identify patients at high risk and prevent dental 
emergencies before they undermine troop readiness.
  It is my understanding, that with sufficient funding the saliva test 
for anthrax could be successfully developed and delivered within 6 
months. However, the administration requested no funding for this 
program, and the Committee was unable to provide funding for this 
program in its fiscal year 2002 recommendations. Without Congressional 
funding, this research will be discontinued. Therefore, I hope that 
when we go to conference on this bill, that we will be able to find 
sufficient funding to continue this program and its valuable research.
  I want to applaud the Committee on Appropriations for an important 
recommendation which will lead to a significant upgrade in our 
military's ability to destroy enemy air defenses. The Committee has 
included $33.6 million for the Advanced Anti-Radiation Guided Missile 
program in order to continue the upgrade of the HARM missile guidance 
system.
  As my colleagues know and all Americans have come to appreciate over 
the last decade, suppressing air defenses is often the first task of 
our combined air forces when the U.S. undertakes a military action. 
This was true in Desert Storm, true in Kosovo, and has been proven true 
again in the skies over Afghanistan.
  Suppression of these defenses starts with eliminating the surface-to-
air missile threat. Our principal weapon to accomplish this critical 
task is the HARM missile. Yet HARM technology is two decades old. To 
guide the missile to a target radar, that radar must continue operating 
throughout the flight of the HARM missile. The guidance system cannot 
adjust adequately if the radar is turned off. Our adversaries have had 
many years to learn of such deficiencies, and without question have 
learned to capitalize on them by limiting the duration of a radar beam 
and relying on alternate tracking capabilities.
  In the Kosovo air campaign, approximately 1000 HARM weapons were 
fired, resulting in the destruction of only a handful of targets. The 
cost per kill was unacceptably high--over $80 million per target.
  Fortunately, the Navy is currently developing a new seeker, the 
AARGM, which will replace the existing HARM guidance system. The 
program has achieved success thus far in three tests at the Navy's 
China Lake test center in California. On August 29, after the third 
test, the Navy announced that the test missile ``successfully 
identified, tracked, and guided to the simulated air defense radar 
target and impacted within the lethal radius of the HARM warhead. All 
test objectives were achieved. With this success, the evolution of the 
HARM weapon system from a SEAD, Suppression of Enemy Air Defenses, to a 
DEAD, Destruction of Enemy Air Defenses, weapon continues on a 
successful path.''
  Mr Chairman, as a Naval Reserve Officer leading a team of 
intelligence personnel in EA-6B Prowler electronic attack aircraft over 
northern Iraq and Yugoslavia, I have witnessed first hand the 
shortcomings of our existing capability to suppress enemy air defense. 
I judge the effort to upgrade this capability to be vital to our 
national security.
  Frankly, upgrading the HARM seeker should only be the first step. We 
also need to move forward rapidly to replace the HARM system in its 
entirety. But AARGM is an excellent interim measure, and I urge the 
Committee to support this item in conference to provide greater 
protection for our air assets and personnel.
  Mr. YOUNG of Florida. Mr. Chairman, I yield 3 minutes to the 
distinguished gentleman from Virginia (Mr. Wolf), chairman of the 
Subcommittee on Commerce, Justice, State and Judiciary of the Committee 
on Appropriations.
  Mr. WOLF. Mr. Chairman, I rise in opposition to the gentleman's 
amendment. We want to thank the gentleman for his commitment and strong 
support for these programs, but the body ought to know we have 
adequately funded these agencies.
  After 9-11, we asked every agency that came before our subcommittee 
to come in and tell us what the needs are based on what took place with 
regard to 9-11. The INS has been increased by $1.1 billion over last 
year. In the regular bill we have funded 570 additional Border Patrol 
agents and 348 additional land border inspectors. The INS, in the 
regular bill, was funded for a total of $5.6 billion and, in addition 
to the regular bill, we are providing $409 million

[[Page 23224]]

for INS through the supplemental. That is an increase over last year 
over $1.1 billion.
  With regard to the FBI, the FBI was funded for a total of $3.5 
billion in the regular bill, and in addition we are providing $540 
million for the FBI in the emergency supplemental. That is an increase 
this year over last year to the FBI of $800 million. So the needs have 
been met.
  The subcommittee and the staff sat down with FBI, DEA, all of these 
agencies, and the budgets were dramatically changed based on what took 
place on September 11. And then, in addition to that, the supplemental 
adds on and reflects what took place. So because of that, I do not 
support the amendment and urge its defeat.
  Mr. OBEY. Mr. Chairman, I yield 2 minutes to the distinguished 
gentleman from New York (Mr. Serrano).
  Mr. SERRANO. Mr. Chairman, I am pleased to rise today in support of 
the Obey amendment to Division B of this bill.
  As we all know, the needs that were so horribly exposed on September 
11 will not be met with the $20 billion contained in this bill. We in 
Congress will be providing additional resources for the critical 
national needs of recovery, defense, and homeland security for a long 
time to come. I believe the amendment by the gentleman from Wisconsin 
gets us a little ahead of the curve by providing contingent emergency 
appropriations.
  We make sure the President has resources he needs when he needs them. 
But the funds cannot be spent unless the President formally designates 
them emergencies, assuring that this amendment will not trigger 
uncontrolled spending.
  In particular, I want to discuss the parts of the amendment that are 
in the jurisdiction of the Subcommittee on Commerce, Justice, State and 
Judiciary, of which I am the ranking Democrat. Now, I am pleased that 
the chairman of the subcommittee, who just spoke, and I were able to do 
much better for the agencies than in past years. But even Chairman Wolf 
would have to admit that those agencies have come back to us and said 
that they need further assistance, and that is what the Obey amendment 
intends to do.
  Now, Chairman Young also did a wonderful job in trying to meet the 
needs in this bill. The chairman's package includes $400 million for 
counterterrorism grants to States and local first responders, and he 
also puts in money to create Radio Free Afghanistan. The supplemental, 
however, does not speak to the issues that the gentleman from Wisconsin 
(Mr. Obey) speaks to. And what I would like to do is simply remind my 
colleagues the Obey amendment contains an additional $569 million for 
the FBI, so that they can continue their investigation; $128 million 
for construction needs for the INS; and $150 million, of up to $400 
million already in the bill, for the Justice, State and local 
counterterrorism first responder grants.
  In other words, what we are trying to do here today is, first, pay 
respect to the fact that Chairman Young and the appropriators have come 
together and put together a bill that deals with a lot of these issues, 
but in doing so left out a lot that needs to be done. This is a very 
crucial time we are dealing with, this is a very difficult time, and 
the Obey amendment should be supported.
  Mr. YOUNG of Florida. Mr. Chairman, I yield 3 minutes to the 
distinguished gentleman from California (Mr. Lewis), chairman of the 
Subcommittee on Defense of the Committee on Appropriations.
  Mr. LEWIS of California. Mr. Chairman, I thank the gentleman for 
yielding me this time, and I will not use all the time, but I rise to 
express to the body my deep appreciation for the work of my chairman, 
the gentleman from Florida (Mr. Young), and the ranking member, the 
gentleman from Wisconsin (Mr. Obey), in this entire matter.
  As many of my colleagues know, our Subcommittee on Defense had come 
together to mark up the base bill of $317 billion on the very morning 
of September 11, only to adjourn our meeting for obvious reasons. All 
of us recognized that America was faced with a new challenge like we 
had never faced in our own lifetimes. And indeed, since that time, the 
chairman and the ranking member, those people who are involved in 
defense appropriations, have worked hand in hand to try to make sure 
that we laid the foundation to be certain there was enough funding 
available to see us through these very difficult months ahead.
  As the chairman has suggested, and the ranking member knows as well, 
this could be a very, very long struggle. The challenge is real, and 
all of us are committed to winning this war against terrorism. If it 
should go forward well beyond the few months ahead of us, there will 
absolutely be a need for additional funding. I intend to give all of my 
personal effort to making certain that adequate funding is available. 
If we need to come back in January, we will come back in January. If we 
need to come back in March with a supplemental, we will come back in 
March.
  But, indeed, at this point in time, I have to support the position of 
my chairman that we should not go beyond the $40 billion because of all 
the reasons that have been outlined here.
  First, we need to get a handle on what we can best estimate the costs 
are, and then one step at a time. The public, as well as the Congress, 
can be assured we are not going to fail because of lack of 
appropriations to fight this war.
  Mr. OBEY. Mr. Chairman, I yield 2 minutes to the distinguished 
gentlewoman from the District of Columbia (Ms. Norton), who does not 
have a vote in this House but who should have.
  Ms. NORTON. I thank the gentleman for yielding me this time and for 
his generous words, and I rise in strong support of the Obey amendment 
in its entirety.
  Do my colleagues know what had to be done to get in the Obey 
amendment? There had to be a showing that these funds, to be spent in 
2002, would be spent under a strict definition of emergency 
preparedness.
  September 11 woke Congress up to who its own first responder is. It 
is the emergency personnel of the District of Columbia. Sure, they are 
responders for 600,000 residents who live here, but they are also 
responders for hundreds of thousands of Federal employees, for the 
Congress, for the Supreme Court, for the entire Federal presence. There 
are two cities here joined at the hip, and both are dependent on 
police, fire and emergency help from the District of Columbia, for 
which those personnel are dangerously underprepared.
  There is virtually no equipment equal to responding to September 11 
or bioterror attacks. To make matters worse, the District is just 
coming out of the worst financial crisis in its history, where much of 
its first responder equipment for the hometown was taken down.
  Because so much was at stake, the gentleman from Wisconsin (Mr. Obey) 
placed equipment and training for first responder to terrorist attacks 
here for the District of Columbia.
  It is folly to delay this funding, my colleagues. Look at the kinds 
of things that are being funded. Personal protective equipment and 
chemical and biological detection equipment for D.C.'s police and fire 
personnel. Why? Because we cannot expect personnel to go into terror 
and bioterror sites unprotected. Would we not be reluctant? Antidote 
kits for nerve agents. First response land line communications.
  Those who say come back next time ought to understand that this is 
the kind of equipment that we are talking about, equipment that would 
be needed tomorrow, Health Department onsite response for this place 
and for the entire District of Columbia.
  The bill going through here for emergency preparedness has already 
included the District of Columbia. It is time we put the District of 
Columbia in our appropriations so that we can fight whatever is 
necessary.
  Mr. YOUNG of Florida. Mr. Chairman, I yield 6 minutes to the 
distinguished gentleman from Ohio (Mr. Regula), chairman of the 
Subcommittee on Labor, Health and Human Services.

[[Page 23225]]


  Mr. REGULA. Mr. Chairman, I want to point out some things. First of 
all, the gentleman from Wisconsin (Mr. Obey) has been extremely 
supportive of all these activities. He is the ranking member on our 
Subcommittee on Labor, Health and Human Services and we have 
responsibility for funding Health and Human Services. What I want to 
address is that portion of the bill.
  And I might say that the gentleman from Wisconsin and myself have 
worked very closely in our bill that passed some weeks ago in funding 
these items, but it was prior to September 11. I want to point out that 
what is proposed today are very substantial increases.
  On one instance we are talking about $509 million. This is money 
already in the bill, without any addition: $509 million for 300 million 
doses of smallpox vaccine; $594 million to acquire medicines, supplies 
and equipment for the national pharmaceutical stockpile. That is enough 
to treat 10 to 12 million persons exposed to anthrax and other 
bacterial infections, and to increase the push-packs.
  A push-pack is a sort of a package, maybe the size of a big 
semitrailer that you could haul furniture in, and in that push-pack is 
everything needed to deal with a whole variety of bioterrorist types of 
diseases. The push-packs are strategically located around the country 
so that if there is a crisis at any one locality, they immediately have 
the supplies, whether it is anthrax vaccine, smallpox, serin, or 
whatever it might be. We have the money to buy these, to put them in 
place.
  It provides for State and local planning and training for 
distribution because a key element here is the local health 
departments. If there is a crisis, it cannot all be managed from 
Washington. It depends on the State health departments, it depends on 
the local health departments.
  We had a meningitis scare in my district some months ago, and on the 
scene was the local health department, the local officials, the State 
health department and the Centers for Disease Control. It was a team 
effort. And what we are already providing in this bill is the materials 
to do the team effort in the event of a crisis in any given locality.
  There is $423 million to upgrade State and local capacity. This is a 
very important feature of the bill that is before us, to ensure that 
these State and local officials are trained, that they have the 
materials to deal with a crisis, whatever it might be. So that is 
another great strength, and that $423 million will do a lot of training 
and provide a lot of materials.
  State and local health departments will have $500 million for 
capacity upgrades. Again, I cannot emphasize enough that to be ready 
for a crisis, whatever it might be, there needs to be local and State 
input as part of an overall plan. One of the reasons we are saying at 
this moment let us not spend more money in addition to what I have just 
been describing until we have a plan, until our Secretary Thompson puts 
in place a long-term plan detailing what is needed, how money would be 
spent. I do not think just shoveling money at a problem is any 
solution. If we have a good plan, we can use the funds available far 
more wisely.
  It also provides $133 million for public health infrastructure, $100 
million for State and local preparedness planning, $90 million for 
early detection surveillance. I am talking about what is in the bill 
now, not the extra money that is proposed. The bill has $95 million for 
upgrading capacity at the Center for Disease Control, and there are a 
whole series of components in that: security at the CDC internal 
laboratory capacity; $20 million for epidemic intelligence service; $15 
million to evaluate the effectiveness of masks and respirators; $10 
million for rapid toxic screening.
  It also provides $170 million to hospitals. It is important that we 
get local hospital personnel educated and equipped, because if there is 
a crisis, there is where we have to address it, there is where people 
need to be cared for, and we recognize that. We put in $170 million for 
emergency services and allowing the hospitals to upgrade their training 
and their facilities. It also has money to ensure the Nation's health 
facilities have equipment and training to respond to a mass casualty 
incident.
  For example, we are going to have the Olympics in Utah. They need 
money to be prepared out there where we will have a great number of 
people in a locality. Another example is the Super Bowl and all sorts 
of similar group events. We have money to help local people be ready, 
to be prepared, hospitals and doctors; to have the facilities. The 
push-packs will provide the materials, but we need trained people, and 
that is what we do in this bill.
  We have $10 million for children's post-traumatic stress disorder.

                              {time}  1545

  This is something that has been with us, but very much emphasized by 
the events of September 11.
  There is $50 million to accelerate the research and development of 
new safe vaccines for smallpox and anthrax.
  All I am saying is that this bill has $2.5 billion to address these 
problems, and we are saying let us take a look and have a plan, and 
then we will come back with a supplemental and probably we will be very 
supportive of that, provided the proposed expenditures fit a plan, and 
the money will be used wisely. We do not know what is down the road. 
Therefore, we need to have the capacity to address whatever problem 
comes up and have the funds available to met a future crises.
  It certainly indicates that, as of the passage of the bill, we have 
provided an enormous amount of resources in the bill before us to 
develop a whole host of possibilities for responses terrorism.
  Mr. OBEY. Mr. Chairman, I yield 3 minutes to the gentlewoman from 
Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Mr. Chairman, let me first of all 
acknowledge the very strong working relationship between the gentleman 
from Florida (Mr. Young) and the gentleman from Wisconsin (Mr. Obey). I 
come to the floor recognizing their good working relationship, but I 
enthusiastically rise to support the Obey amendment because it is 
important to note that fighting terrorism is costly, and it requires a 
proactive posture.
  Terrorism and the fight of terrorism is ongoing. Even as I left my 
hometown of Houston just 48 hours ago, the FBI made an announcement 
that our refineries were a potential target. Terrorism is everywhere; 
and although we are not kneeling and yielding, although we are prepared 
to fight, it is extremely important that we go forward now and not 
wait.
  In particular, I rise on several points of the Obey amendment as it 
relates to domestic security, homeland security. Anytime we are 
attacked in a bio-terroristic war, Members can be assured that our 
local health centers and hospitals will have the greatest impact. In 
the committee bill there is only $593 million; in our proposal, $915 
million. If we had in any of our areas, rural, urban, suburban, some 
sort of bio-terrorist attack, the individuals would only have to go to 
these hospital centers in large mass to get vaccinations. These 
entities cannot stand up under the brunt of that kind of impact. And 
the resources are definitely needed.
  We talked about the tragedy in the postal service, the loss of lives 
of postal workers. The U.S. Postmaster General has asked the question, 
can we sanitize all of the mail? In order to do that, we need the 
resources. This particular domestic security bill provides $500 million 
where there is no funding in the existing legislation.
  As the ranking member of the Subcommittee on Immigration and Claims, 
let me suggest that we need more dollars. The extent of our borders and 
the lack of supervision, not because of the lack of commitment of our 
employees, but because we do need more resources, this particular 
legislation provides additional Customs agents and other resources for 
the Canadian border. It provides the additional opportunity to review 
the biometric card at the southern border.
  Mr. Chairman, one of the reasons there is such a backlog to move 
traffic and secure the borders, we have the biometric card, but the INS 
does not

[[Page 23226]]

have the resources to read it. That is a new design card to help secure 
our borders.
  It is interesting that the gentleman from Wisconsin (Mr. Obey) noted 
in years past or before September 11, the oceans protected us. They do 
not now. This particular legislation also has resources for our Coast 
Guard because now we need them to secure us. In Houston we have one of 
the major ports of the Nation.
  I believe we must recognize that terrorism is ongoing, that we are no 
longer protected by the oceans. Although we stand boldly and tall to 
fight terrorism in a fair-minded way, we need the resources and must be 
proactive now. I beg my colleagues to support the Obey amendment and 
overrule the point of order.
  Mr. YOUNG of Florida. Mr. Chairman, I yield 3\1/2\ minutes to the 
gentleman from Oklahoma (Mr. Istook), the chairman of the Subcommittee 
on Treasury, Postal Service and General Government.
  Mr. ISTOOK. Mr. Chairman, we are often impatient people in the United 
States; but as the President has reminded us, we must be patient. This 
will be a long-term effort against terrorism and protecting our 
homeland. While we are doing these things, we have to make a lot of 
changes to prepare to be able to do it right.
  This week the Marines have landed in Afghanistan. Some people say why 
were they not there already? Well, the time was not right. We have to 
proceed in an orderly way to accomplish the maximum results. That is 
what we are trying to do. I appreciate that the author of this 
amendment has not questioned the priorities of the bill before us. He 
has just said he wants to do more, and he wants to do it now.
  Many of us say, however, we need to look at what we have done in this 
bill and understand that we are doing things in an orderly fashion and 
we are putting the money where the priorities are greatest. And we 
have, as Congress, asserted some of our priorities that differ a little 
bit from the administration. That is part of developing consensus. But 
we cannot do everything yet; we are not ready. We are not able to do 
everything yet. We must be patient. Books come in chapters. Plans come 
in phases. In a major construction project, public works or otherwise, 
it is necessary to design the plans, start digging and preparing the 
site, lay in a foundation, start with the walls, move on to the 
ceiling, the interior, the landscaping, and do the utilities along the 
way. What happens with the funding? It comes in the form of progress 
payments.
  Mr. Chairman, as we are ready and willing to do certain things, the 
funding is there. As we are ready and able to do things in protecting 
our homeland, the funding is there; it is being provided by this 
Congress.
  I want to address some of the things that we have done. For example, 
some people have mentioned border security. Even before September 11, 
in our subcommittee we had already provided an additional 285 positions 
for the Customs Service to inspect the cargo as well as the people 
coming into the United States of America, as well as enhanced spending 
on inspection technology.
  In this measure on top of that, we are funding an additional 277 
Customs Service positions at the northern border and 460 at seaports. 
Why? Because we know we have to have more homeland security, and we 
have to staff the entry points better than we have been doing, and we 
are doing so.
  The postal service has already received $170 million out of funds 
allocated by this Congress to help them find ways to make the mail more 
secure. They are using that funding already for their pilot projects of 
testing this irradiation technology to remove any contamination that 
might be present on or in the mail. We have been pursuing these things, 
but we are not ready to go further. The postal service will not be 
ready for some time to know if this technology will do what it promises 
to be able to do, and will do it without side effects and without 
unintended consequences.
  We are not ready to go further; but we are putting more money into 
training and preparation. We are putting the money that we need for 
homeland security already in the base bill. Let us not be impatient and 
try to skip forward to the end when we do not know everything that is 
going to happen and everything that is going to be needed. We have a 
very responsible piece of legislation in front of us; and I oppose this 
amendment although I appreciate the intent with which it is offered to 
protect our homeland.
  Mr. OBEY. Mr. Chairman, I yield 2 minutes to the gentleman from 
Washington (Mr. Baird).
  Mr. BAIRD. Mr. Chairman, I thank the gentleman and I rise in strong 
support of his amendment. In the aftermath of September 11, our whole 
Nation has learned to be more watchful. The Federal Government has 
increased its efforts as well, and the gentleman from Wisconsin (Mr. 
Obey) has developed an amendment which would plug many remaining holes 
in our security system, and I believe we should pass it.
  I would like to address one particular part of that amendment which 
would have been especially important because it deals with one of the 
most basic elements of our daily lives, the safety of our water 
systems.
  Our drinking and waste water systems are now extremely vulnerable to 
terrorist attack. Early this month in the Committee on Science, I 
helped put together a bill which passed that committee unanimously and 
would authorize $60 million for research and development of methods to 
monitor and protect our facilities and our water.
  The amendment of the gentleman from Wisconsin (Mr. Obey) would have 
taken this idea one step further by providing $190 million for 
vulnerability and security assessments, and, importantly, for the 
implementation of protections. The amendment of the gentleman from 
Wisconsin (Mr. Obey) would have provided $156 million more than the 
administration request, and $80 million more than the majority package 
which did not call for waste water facilities to be protected at all. 
This amendment would have provided the means necessary to keep the 
system which all Americans depend on safe from attack. Without it, I 
believe we leave gaping holes in our security network. I support the 
ideals of the gentleman's amendment.
  Mr. Chairman, we all realize how much more should have been done to 
bolster airport security prior to September 11. We are now given a 
chance to protect our water supply and other infrastructure before they 
are subject to attack. I believe the gentleman's amendment does that 
and I rise in strong support.
  Mr. YOUNG of Florida. Mr. Chairman, I yield 4 minutes to the 
gentleman from California (Mr. Cunningham), a member of the Committee 
on Appropriations Subcommittee on Defense, and a Member who knows 
something from personal experience about taking the war to the enemy as 
a Naval fighter pilot and the first American ace in Vietnam.
  Mr. CUNNINGHAM. Mr. Chairman, the Subcommittee on Defense and the 
Permanent Select Committee on Intelligence is the absolute best 
committee, I think, to serve on in this House. When we go to our 
meetings, we do not know the difference between Republican or Democrat 
when it comes to defense issues.
  The gentleman from Pennsylvania (Mr. Murtha), the ranking member; the 
gentleman from Washington (Mr. Dicks); the gentleman from California 
(Mr. Hunter); the gentleman from Missouri (Mr. Skelton), all work for 
the security of this Nation.
  One reason it is difficult to oppose the Obey amendment is that the 
gentleman from Wisconsin (Mr. Obey) in many cases is 100 percent on 
target. How many Members took time during the break to visit sites that 
were vulnerable? The gentleman from Wisconsin went to those sites and 
saw those vulnerabilities. He talked to the organizations regarding 
where they were deficient, and they are; and I agree with that. Members 
of the committee also agree with the gentleman from Wisconsin (Mr. 
Obey). Most Members did not. I did not; I was in the hospital. But many 
people did not take time away from their families like the

[[Page 23227]]

gentleman from Wisconsin (Mr. Obey) did, but he was concerned about 
national security.
  Mr. Chairman, I would say along with the amendment of the gentleman 
from Wisconsin (Mr. Obey), not exaggerating, there are a million 
vulnerable areas, over a million. That is why terrorism is so tough to 
handle. There is no way that we can prepare and do the studies and 
things that we need to fight against those threats. The gentleman from 
Wisconsin (Mr. Obey) has done a good job at identifying some of those 
threats, and I believe with all my heart that the President is going to 
come up and help fund some of these; but we are still not going to have 
enough.
  I would say to the Members that many of us warned that there would 
come a day when we would have defense needs and we would not have the 
resources to meet those needs. Mr. Chairman, 126 deployments under the 
previous administration has put defense $250 billion in the hole.

                              {time}  1600

  We have not been able to modernize. The intelligence agencies in 
which this amendment asks for, the FBI, the CIA, the NSA, they had to 
deploy every time that the military did and stretch their limits. 
Retention is only 25 percent in each of those services. They have not 
been able to modernize.
  We do not have enough JDAMs, which is a guided bomb, to complete our 
mission in Afghanistan. We are short those weapons systems. The Su-27, 
an older airplane that Russia is exporting to many nations, our pilots 
die in our F-14s, F-16s, F-18s, 95 percent of the time, both in the 
intercept and in the dogfight, because we do not have the money to 
modernize those services and that equipment. The intelligence agency is 
the same way.
  We feel a little bit like Billy Mitchell, warning that there would 
come a day when we needed funding. And did we ever figure that we would 
be fighting a war on our own turf and then trying to fund the military 
and this at the same time? I know my colleagues would agree, there is 
only so much money. Yes, education is important. Social Security trust 
funds are important. National security is important. We are only 3 
months into this war. It is going to be a long time, and we cannot just 
keep putting more and more money into it, even though I think we need 
it and many of the things that the gentleman from Wisconsin talks about 
are needed.
  That is why I reluctantly oppose the gentleman from Wisconsin's 
amendment. But he is a good friend.
  Mr. OBEY. Mr. Chairman, I yield 2 minutes to the distinguished 
gentleman from Texas (Mr. Green), a State which has a number of very 
serious security threats which we are trying to correct in this bill.
  Mr. GREEN of Texas. Mr. Chairman, I thank my colleague, our ranking 
member, and, frankly, a lot of the members of the Committee on 
Appropriations, and I rise in support of his amendment because I 
represent one of those security areas.
  This amendment would fully fund the emergency request of the U.S. 
Coast Guard. Since the attacks of September 11, the Coast Guard has 
been stretched to the breaking point as they attempt to increase their 
operations and tighten security at all our Nation's vulnerable ports. 
This amendment would have provided millions of dollars to increase 
security at ports along our coasts, including the Port of Houston which 
is the Nation's largest port in terms of foreign cargo. It is the 
eighth largest port in the world. Each year almost 7,000 vessels and 
175 million tons of cargo transit the Houston ship channel on their way 
to the port. According to current Coast Guard estimates, approximately 
half of all dangerous and high-interest cargo travels along the Houston 
ship channel in our country.
  Along with the large volume of petroleum and other energy-related 
products that move through the Port of Houston each year, other top 
commodities include fertilizers, organic and inorganic chemicals. Each 
of these cargoes is a potential target for terrorism and any attack 
could kill or injure thousands, as well as create an enormous 
environmental impact in the greater Houston area and southeast Texas.
  Since September 11, the Coast Guard, despite its limited resources, 
has dramatically increased security at the Port of Houston and the ship 
channel along with other ports around the country, with water patrols 
in our channel and everywhere else at all times, and more frequent 
dockside and shoreline patrols. The Coast Guard is also boarding all 
``high interest'' vessels before they transit the ship channel. They 
now receive 96 hours' notice of ship calls and receive all crew lists, 
which they share with the law enforcement community.
  While the Coast Guard in cooperation with local authorities have done 
an excellent job with the resources at their disposal, they will not be 
able to maintain their efforts without additional funding. We are 
wearing out our Coast Guard personnel. The President has requested only 
$203 million to cover 6 months of the activity. This bill today, 
without the Obey amendment, puts continuation of these increased 
activities in jeopardy, even falling $58 million short of the 
President's request.
  That is why, Mr. Chairman, I support the Obey amendment, and whether 
it is now or through the conference committee, we will see an increase 
in our funding to support our Coast Guard.
  Mr. YOUNG of Florida. Mr. Chairman, I yield 2 minutes to the 
distinguished gentleman from Kansas (Mr. Tiahrt), a member of the 
Defense appropriations subcommittee.
  Mr. TIAHRT. Mr. Chairman, I believe it is appropriate to tell the 
gentleman from Wisconsin with respect to his amendment, ``not now,'' 
rather than to just say no. Most people in America are aware that our 
military has been in decline for a decade. Procurement was lean, 
recruiting lagging, and maintenance budgets were too low. This bill 
starts the process of returning our military to its full luster. This 
bill goes beyond to fund $5.4 billion for domestic security, protecting 
against bioterrorism, providing airport security, meeting law 
enforcement and other domestic security needs.
  But the gentleman from Wisconsin says we are not spending money fast 
enough. We do need to take some time, and here is a good example. In a 
hearing last month, a joint House/Senate transportation appropriations 
hearing, an engineer testified that to secure a cockpit door, an 
airplane needed to have a new metal bulkhead, pressurized doors, and a 
separate environmental system. Easily that would cost the extra one-
quarter of a billion dollars that the gentleman from Wisconsin has. But 
some airlines have already secured their cockpit doors with a simple 
locking device that looks like an auto antitheft device called The 
Club.
  Mr. Chairman, let us take time to do the job right. Let us look at 
what the needs are, let us balance what those needs are going to be, 
and let us reject the Obey amendment.
  Mr. OBEY. Mr. Chairman, I yield myself 2 minutes.
  I would like to respond to something the gentleman just said. He says 
that we should not be impatient because the airlines have taken care of 
their cockpit security. Yes, they have done it, on the cheap, Kmart 
style.
  The fact is that this bill contains $250 million less for cockpit 
security than the President recommended. It contains that lower amount 
of money because it added to the President's request for sky marshals. 
I agree that was a higher priority, but in my view both of them should 
be funded. You ask any citizen in America, Do you want those cockpit 
doors secured by a temporary device or do you want them secured in a 
way that will hold against the most professional attacks, and you know 
what the answer is going to be. They do not want us to be temporizing 
and they do not want us to be patient. They want us to be impatient, 
they want us to be aggressive, and they want us to act now.
  Mr. YOUNG of Florida. Mr. Chairman, I yield 2 minutes to the 
distinguished gentleman from New Jersey (Mr. Frelinghuysen), a member 
of the Committee on Appropriations.
  Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition to this 
amendment, for as a committee and as a Congress we have made the tough 
choices

[[Page 23228]]

with this bill and others we have considered since September 11. Make 
no mistake about that. This is a bipartisan bill that meets the 
immediate needs of our troops and their families and, most importantly, 
as our troops and militaries fight in Afghanistan as we speak here this 
afternoon, we are united behind them as Americans and as Republicans 
and Democrats.
  In this bill, we have added a new appropriations title and $11.7 
billion for our homeland defense, $1.6 billion of that new money, to 
fight that which may occur against our Nation that involves chemical, 
biological and, God forbid, nuclear threats.
  Can anyone be entirely comfortable, to use somebody else's adjective, 
with every action or every expenditure or dollar amount that is 
considered or put into this bill? Of course not, since these terrorists 
fight by no rules. They kill civilians. But I think we would all agree 
that we have a greater confidence than we did a month ago as we go 
about routing them out at home and abroad. We now have a proactive 
homeland defense leader in Governor Ridge, who is pulling together 
disparate parts to do the job at home. We have an activated group of 
emergency management and law enforcement personnel in our States and 
lower jurisdictions. And yes, we have a public more vigilant, more 
aware, and more willing to sacrifice to fight terrorism at home and 
abroad.
  Some have suggested we need billions of dollars more for defense. We 
may need more money, but let us make decisions for further 
supplementals after we hear from our President and Commander in Chief, 
and I am sure we will.
  Mr. OBEY. Mr. Chairman, I yield 3 minutes to the distinguished 
gentleman from Texas (Mr. Edwards).
  Mr. EDWARDS. Mr. Chairman, God forbid if the terrorists of September 
11 had a nuclear bomb parked in a truck placed in lower Manhattan, 2 
million innocent American citizens would have died on that terribly 
tragic day. That is 500 times more people than were actually killed, as 
horrible and as inconceivable as that was.
  I find it incredible that in this bill, after September 11 and all 
that we have learned about nuclear threats and terrorist threats, that 
this House could find $265 million to protect 535 Members of Congress 
and our staffs but could not find one dime to protect 281 million 
Americans from the real threat of nuclear terrorism. In fact, without 
the Obey amendment, this Congress will have actually reduced funding 
for the programs designed to keep nuclear material out of the hands of 
terrorists.
  We might ask, how serious is the threat of nuclear terrorism against 
American citizens? Just earlier this year, a bipartisan commission, 
after a year-and-a-half study headed by former Senators Howard Baker 
and Sam Nunn as well as Lloyd Cutler, called nuclear terrorism against 
the U.S., and I quote, ``the most urgent unmet national security threat 
to the United States today.'' More recently, President Bush on November 
6 made this statement: ``We will not wait for more innocent deaths. We 
will not wait for the authors of mass murder to gain the weapons of 
mass destruction. We act now because we must lift the dark threat from 
our age and save generations to come.''
  Have we acted now? Have we acted in this bill to protect 281 million 
Americans from the threat that President Bush, Senator Baker and 
Senator Nunn have talked about of nuclear terrorists exploding a bomb 
right here in the United States? The answer is no. Worse than taking no 
action, we have actually reduced funding for those programs.
  For this Congress to reduce funding for those important programs at 
this particular time in our history is a dangerous and irresponsible 
mistake. The Obey amendment would add specifically $131 million to 
protect 600 metric tons of highly enriched uranium in Russia that our 
Department of Energy has said is in urgent need of immediate upgraded 
safeguards.
  Protecting the Congress from terrorists is a legitimate thing to do 
in this bill. Protecting Congress, our Capitol and Members of Congress, 
as part of our democracy is a valid thing to do, but no program is more 
important, no priority should be more important than protecting the 
American family from nuclear holocaust at the hands of terrorists.
  We should support the Obey amendment, Republicans and Democrats 
alike. As President Bush said, we must, we should act now.
  Mr. YOUNG of Florida. Mr. Chairman, I yield 3 minutes to the 
distinguished gentleman from Alabama (Mr. Callahan), a cardinal and 
chairman of an appropriations subcommittee.
  Mr. CALLAHAN. Mr. Chairman, the previous speaker just said that we 
are not appropriating one dime for this Russian nonproliferation 
program. Let me say that he is absolutely right. We did not appropriate 
one dime, we appropriated $541 million just a few weeks ago.
  What is the nonproliferation program? When we decided and reached an 
agreement with the Russians that we would downsize our nuclear weapons 
stockpiles, we agreed that we would assist the Russians in finding ways 
and means to narrow the size of their stockpiles. They are not helping 
us narrow the size of ours, but we are doing it; but we are spending 
$2,000,000 a day already in Russia. There is no doubt that we could 
spend more, but that may not even be possible because the Russians do 
not let us go in and just carte blanche do whatever we want to do. We 
have to do it in conjunction with their security requirements, too.
  While the gentleman may be right, there may be some need for 
additional moneys in the spring, I will stand with him on this floor 
and I will assure you that we will give them whatever money they need 
to ensure that every effort is made to downsize the nuclear situation 
in Russia.

                              {time}  1615

  But to stand here and tell the American people today that we cannot 
afford one dime is a long cry from the real world, and the real world 
is we are spending $2,000,000 a day already in Russia. So I think that 
is a sufficient amount. It is as much as we can spend. And if, indeed, 
they can come and justify more, and I intend to hold hearings in the 
spring to see if indeed they do need more, I will assure the gentleman 
and this Congress that we will do whatever is necessary to make sure 
this program is successful and that none of the gloom and doom as 
presented by the gentleman from Texas would ever take place.
  Mr. OBEY. Mr. Chairman, I yield 2 minutes to the gentleman from Texas 
(Mr. Edwards).
  Mr. EDWARDS. Mr. Chairman, I have great respect for the gentleman 
from Alabama (Chairman Callahan). I am a Member of his subcommittee. He 
has made a genuine effort to try to increase necessary funding to 
protect Americans from the threat of nuclear terrorism. I would, 
though, differ with the gentleman on several points.
  First of all, my comments, I did not say in my statement a few 
minutes ago that we are not spending one dime on these programs. What I 
did say is that in this bill we found $250 million above whatever else 
we were already spending to protect 535 Members of Congress; but in 
this bill, while we were doing that on one hand, we could not find one 
dime of additional money to spend on the programs designed to keep 
nuclear material in Russia from getting into the hands of terrorists.
  Furthermore, the gentleman said we will give everything to these 
programs they will need. I respect the gentleman. I think if the 
gentleman could individually make a decision, we would have additional 
funding this year for this. But that is the same promise that was made 
to me just a few weeks ago when my amendment to add more nuclear 
nonproliferation funds was defeated in the energy and water bill. I was 
told if I will just wait until we get to the defense appropriation and 
supplemental bill, we will add additional funding.
  The real question and the fair question to ask is should we act now 
or act next year? I would suggest our own Department of Energy has 
listed specific programs where there is a tremendous need now.

[[Page 23229]]

  The gentleman said if we had more money, could we spend it now? The 
answer to that is yes. In fact, it is the Bush administration that on 
September 26 signed a new agreement with Russia that opens up numerous 
new sites where nuclear materials are located. Right now we have a 
window of opportunity to go in and provide security for those sites so 
that nuclear material will not get in the hands of terrorists and end 
up in downtown New York or Los Angeles in a bomb.
  We not only can spend more money now efficiently and effectively, I 
think that is a responsibility. I think that is our obligation. We 
could do it in this bill.
  The CHAIRMAN. The gentleman from Florida (Mr. Young) has 13\1/2\ 
minutes remaining, and the gentleman from Wisconsin (Mr. Obey) has 
11\1/2\ minutes remaining.
  Mr. YOUNG of Florida. Mr. Chairman, I yield 1 minute to the gentleman 
from Alabama (Mr. Callahan).
  Mr. CALLAHAN. Mr. Chairman, in response to the gentleman's comments, 
he did not indicate in his presentation, as best I heard, that we have 
just 2 or 3 weeks ago appropriated $541 million for Russian programs. 
That is in addition to the money that the Russians are putting in. Let 
us assume they are putting in at least half of it. So that is $1 
billion that is available to downsize these programs.
  If they need more and come back, we will indeed weigh what they tell 
us; and at that time, during the spring session, we will, if there is a 
supplemental bill, or even we might create one, we will give them the 
additional money. But to say that there is an inadequate amount of 
money to protect the American people to the best of our ability at this 
point, the gentleman is wrong. I do think they have a sufficient amount 
of money. They may not have enough next fall. If we reach that point, 
we will address it at that time.
  Mr. OBEY. Mr. Chairman, I yield myself 1 minute.
  Mr. Chairman, I will say flatly that there is an insufficient amount 
of money appropriated by this Congress to protect the safety of the 
American people from new weapons-grade nuclear material in the Soviet 
Union and elsewhere.
  Mr. EDWARDS. Mr. Chairman, will the gentleman yield?
  Mr. OBEY. I yield to the gentleman from Texas.
  Mr. EDWARDS. Mr. Chairman, despite all of the good efforts, and they 
have been good efforts, of the gentleman from Alabama (Chairman 
Callahan), the bottom line is this: despite the tragedy of September 
11, this Congress, without passing the Obey amendment today, will have 
cut funding for the primary programs intended to keep nuclear materials 
in Russia from getting into the hands of terrorists and killing 2 
million innocent men, women, and children here in America. We can do 
better than that.
  My hope is with the bipartisan leadership of this House, we will do 
better. We ought to do better in this bill by passing the Obey 
amendment. I certainly hope we will do better in conference committee 
and adequately fund these important programs that our Department of 
Energy has said should be funded now.
  Mr. YOUNG of Florida. Mr. Chairman, I yield 2 minutes to the 
gentleman from Tennessee (Mr. Wamp), a member of the Committee on 
Appropriations.
  Mr. WAMP. Mr. Chairman, I thank the gentleman for yielding me time.
  Mr. Chairman, we have heard this debate at the subcommittee level, at 
the full committee level, and now on the House floor; and it is an 
appropriate debate, a good debate. I, too, want to thank our 
distinguished ranking member for the time that he has invested in all 
of our preparedness issues, not just since September 11, but prior to 
that, and the gentleman from Texas for his continued advocacy for 
nuclear nonproliferation and the investment that is required by our 
Nation and a responsible Congress in this area.
  I represent Oak Ridge, Tennessee, the home of the Y-12 weapons plant, 
and we have had some division about moving monies around. We are 
adequately funding our preparedness in this country.
  I understand the comments of the gentleman from Wisconsin (Mr. Obey). 
I understand his comments about us not spending enough money. But if 
you are looking at the nuclear weapons in the world and the stockpiles 
that we must maintain in order to have this deterrent, you could not 
hardly spend enough money to guarantee globally at all times total 
safety, unequivocally, no matter what, whenever, however. You could not 
possibly spend enough money. So it is kind of an arbitrary thing.
  One thing I am proud of is this defense bill adequately funds the 
needs that we know of today with a full commitment that when the 
administration that is responsible for the leadership of foreign policy 
and the determination of the levels at which nonproliferation will 
bring us to, I love to see President Putin and President Bush together, 
coming together, talking about reductions, talking about maintaining 
safety and security for any weapons stockpiles there or here and what 
is going to be necessary.
  But I want the administration to tell us what will be necessary in a 
timely manner and for the Committee on Appropriations to respond to the 
administration, not to arbitrarily come up with a figure and say that 
this is it. We need to do it in the right time, and we will.
  This is a responsible bill. We need to vote down the Obey amendment 
and pass the bill that is on the floor today.
  Mr. OBEY. Mr. Chairman, I yield 2 minutes to the distinguished 
gentleman from Washington (Mr. Inslee).
  Mr. INSLEE. Mr. Chairman, I rise in support of this amendment for the 
reason that should it fail to be adopted, we will essentially be 
reneging on a promise we made to the American people 9 days ago. On a 
bipartisan basis we adopted an airline security bill that, amongst 
other things, would require that every bag that goes into the belly of 
an airplane will be screened for an explosive device, something 
Americans have expected and really thought has been done for a long 
time.
  The President signed that bill into law 8 days ago. It is now the law 
of the United States of America, and a promise has been made to the 
American people that every bag will be screened for an explosive device 
within a certain time period, within 1 year by a machine, and within 60 
days by either manual inspection, a dog sniffing, or positive bag 
match. We did that on a bipartisan basis. The President signed it. It 
is the law of the United States of America.
  But this morning I open up the Washington Post, and I see that the 
administration has said they are not going to meet these deadlines. 
Planes are going to still take off with bags in the belly of an 
airplane that could have a bomb in them that will not be screened. That 
is unacceptable to the American people. It should be unacceptable to 
us. The reason we have been given from the administration is apparently 
there is some resource inability, a lack of resources, to hire the 
people or the dogs it takes to get this job done.
  This amendment will give the administration adequate resources to 
make sure the commitment we, on a bipartisan basis, made to the 
American people is fulfilled. If we do not do this, it will not be 
fulfilled.
  To me, there are going to be a lot of disappointed folks who thought 
we were making sure their bags were screened for explosives. Then 
apparently we do not give the administration enough money to hire the 
people to do it. People are going to be very, very disappointed.
  This amendment will allow additional expenses. We ought to pass this 
and fulfill this statutory commitment we made to the American people.
  Mr. YOUNG of Florida. Mr. Chairman, I yield 3 minutes to the 
distinguished gentleman from Texas (Mr. Bonilla), the chairman of the 
Committee on Appropriations Subcommittee on Agriculture.
  Mr. BONILLA. Mr. Chairman, I thank the chairman for yielding me time.
  Mr. Chairman, this amendment is well intentioned. Hats off to the 
gentleman from Wisconsin for offering the

[[Page 23230]]

amendment, because I know his intention is similar to what we all want 
to accomplish here today and have been working on for many months, and 
that is to provide the administration enough money to deal with any 
terrorist threat that currently exists. Whether it is money for the 
Justice Department, the Defense Department, the Agriculture Department, 
you name it, we have worked in a bipartisan way for months now to try 
to provide enough funds for every aspect of the war on terrorism.
  Specifically, I chair the Committee on Appropriations Subcommittee on 
Agriculture, and we put $61 million additional money, more money, for 
increased inspections of imported food products. The amendment the 
gentleman offers would increase the amount available for inspection of 
food imports by $239 million, and the statement by the gentleman says 
the amount would increase the level of effort to cover 10 percent of 
all food imports. But why is this a good number, and why is it the 
right number, and why is it any better than the amount we provide now, 
or should we provide more?
  Mr. Chairman, what we have tried to do is work in a practical way 
with the experts involved in this every day at USDA and provide the 
right funding level. Again, we did this in the agriculture 
appropriations bill that was supported overwhelmingly in a bipartisan 
way, working hand in hand with the administration.
  The President's budget also included over $34 million to accelerate 
the availability of drugs, vaccines and devices. This amendment does 
not propose to increase the level of effort for this activity. Why not? 
The question would be, is it more urgent to check the last can of 
imported olives than it is to review pharmaceutical products for safety 
and efficiency?
  Mr. Chairman, what we have before us is an attempt to strike a 
balance. We have worked hard to find a balance in recommending the 
resources for FDA's many regulatory activities and protecting public 
health.
  Could we do more? Perhaps, and all of us want to do that when the 
time is right and the appropriate budget requests come in. Would more 
resources guarantee a higher level of security at this point? That is 
not clear at all, and that is why we are trying to use every reasoned 
measure to put the spending bills together as a group this year.
  I ask Members to think hard about this. Our subcommittee just 
completed its work on our fiscal year 2002 appropriations conference 
agreement which was just signed into law this afternoon. That agreement 
included $1.3 billion, billion with a B, for the FDA; and it was by far 
the largest appropriation ever for this agency. It is my view that that 
amount, together with the additional $104 million included in this 
bill, will provide sufficient resources for FDA to continue its good 
work in protecting the public health, as it has for 100 years.
  So, again, we all want to do the right thing here; and, again, the 
gentleman's amendment is well intentioned, but at this time it is not 
the right thing to do. We are trying to act responsibly.
  I urge rejection of the amendment and support for the committee's 
recommendation for funding levels this year.
  Mr. OBEY. Mr. Chairman, I yield 2 minutes to the distinguished 
gentleman from Vermont (Mr. Sanders).
  Mr. SANDERS. Mr. Chairman, I thank the gentleman for yielding me 
time, and I rise in very strong support of the Obey amendment.
  I must say that I find the arguments being made against the gentleman 
from Wisconsin (Mr. Obey) to be very, very curious indeed. Frankly, I 
think the American people will find it very difficult to understand how 
we as a Nation cannot afford another $6.5 billion to protect ourselves 
against bioterrorism, to make sure that our airlines are safe, to make 
sure that the people of this country have adequate health care in, God 
forbid, the event of a terrible attack against us. We cannot afford 
that $6.5 billion, but somehow or another we can afford hundreds of 
billions of dollars in the last year for tax breaks to the wealthiest 1 
percent of the population and for the largest corporations in America.

                              {time}  1630

  Tell that sense of logic to the American people.
  When our people get on airplanes, they want to know that the baggage 
on that plane is safely inspected. When people walk into airports, they 
want to know that the people who are doing security are properly 
trained. My State borders the Canadian border. The people in Vermont 
and throughout this country want to know that our border security is 
strong.
  So I would strongly urge the Members to get their priorities right. 
If we can afford hundreds of billions in tax breaks for the wealthiest 
1 percent, we can provide strong security for the American people 
against bioterrorism.
  Mr. YOUNG of Florida. Mr. Chairman, I yield 4 minutes to the very 
distinguished gentleman from California (Mr. Hunter), a subcommittee 
chairman on the very important Committee on Armed Services.
  Mr. HUNTER. Mr. Chairman, I thank the gentleman for yielding.
  I listened carefully while the gentleman from Wisconsin (Mr. Obey) 
made, I thought, a very reasonable request for additional spending, and 
was met with I think an equally reasonable response from the gentleman 
from California (Mr. Lewis) and the gentleman from Florida (Mr. Young) 
and the gentleman from California (Mr. Cunningham), and a number of 
other members of the Committee on Appropriations and the Subcommittee 
on Defense, to the effect that they are working to engage in this 
process of rebuilding our national defenses which are being strained by 
the operation in Afghanistan in which we may expect to be strained 
further if this conflict continues and perhaps deepens. I hope that 
this is the start of a bipartisan effort to put together a defense bill 
in the coming year which is adequate to serve our country's needs.
  Let me just tell my colleagues that from my perspective, and I heard 
the gentleman from California (Mr. Cunningham) make a number of very, 
very good points with respect to inadequacies, I think we are about $50 
billion short, and I think all of the studies that we have done, such 
as the CBO, which says that our equipment is short-funded about $30 
billion a year. That means if we have to replace trucks, tanks, ships, 
planes, on a steady state just to keep them halfway modern, we need to 
spend an extra $30 billion a year in the defense area. We are 
underfunded on munitions. We know that the Army is about $3 billion 
short of basic ammunition; the Marines have a smaller shortage. But 
nonetheless, they are not full up. We know that we are short on 
precision munitions, which are a very important part of projecting 
American power.
  So I would hope that we are starting on a course to rebuild the 
national defenses that have been savaged pretty badly over the last 6 
years. I hope this administration moves with us as well.
  Let me just say also that while the gentleman from Florida (Mr. 
Young) and the gentleman from California (Mr. Lewis) and the gentleman 
from Arizona (Mr. Stump) and others are working hard on defense and 
putting in a lot of hours now trying to figure out exactly what we 
need, and are putting together I think a good blueprint to rebuild 
defense, I would like to see the Office of Management and Budget 
understand defense a little more than I think they understand; be more 
receptive when the services come to them and say we have ammunition 
shortages, we have spare parts shortages, we have equipment shortages. 
I know that if that office in the administration does not become more 
receptive, we are going to see, I think, this House take more 
initiative in that area.
  So let us rebuild defense. I would like to see the gentleman from 
Wisconsin (Mr. Obey) working with our Republican leadership to make 
that happen in this coming budget.
  Mr. OBEY. Mr. Chairman, how much time do I have remaining?
  The CHAIRMAN. The gentleman from Wisconsin (Mr. Obey) has 6\1/2\ 
minutes remaining; the gentleman from

[[Page 23231]]

Florida (Mr. Young) has 4\1/2\ minutes remaining.
  Mr. OBEY. Mr. Chairman, I yield 3\1/2\ minutes to the distinguished 
gentlewoman from California (Ms. Pelosi).
  Ms. PELOSI. Mr. Chairman, I thank the gentleman for yielding me this 
time and for his extraordinary, as usual, leadership in attempting to 
bring this amendment to the floor. I am very sad. It is a sad day for 
this Congress that this amendment has not been made in order, because 
it addresses many of the concerns that are shared by the American 
people and, indeed, have been shared by the President of the United 
States. I have great respect for our distinguished chairman of the full 
committee and the chairman of the subcommittee, but I object to the 
fact that we were not able to have this amendment made in order.
  Mr. Chairman, I rise in strong support of the Obey amendment. It is 
hard to understand how the Republican leadership can argue that there 
is enough money to provide $100 billion in tax cuts for corporations 
and the wealthiest 25 percent of taxpayers but not enough to strengthen 
homeland defense, improve security for vulnerable nuclear materials, 
and keep our commitment to New York. They found enough money, the 
Republican leadership did, to provide $1.4 billion in tax breaks to 
IBM, $1 billion to Ford, $833 million to General Motors, and $671 
million to General Electric. Why can we not find the money to 
strengthen State and local health departments, accelerate vaccine 
development, and improve security of vulnerable nuclear materials?
  The gentleman from Wisconsin (Mr. Obey) has successfully put together 
a thoughtful, comprehensive package that met these and other needs for 
$7.1 million, less than one-twelfth of the tax package that the 
Republicans support.
  I wish to associate myself with the concerns expressed by our 
colleagues from New York. I share their concern about meeting our 
commitment to them. But I want to focus, Mr. Chairman, in my remarks on 
the perspective of the prevention of nuclear terrorism, what 
opportunities are missed here today.
  Our President, President Bush, said on November 13 on the occasion of 
the visit of President Putin, ``Our highest priority is to keep 
terrorists from acquiring weapons of mass destruction. We agree that it 
is urgent that we improve the physical protection and accounting of 
nuclear materials and prevent illicit nuclear trafficking.''
  Earlier that week the President had said they, the al Qaeda, ``are 
seeking chemical, biological and nuclear weapons. Given the means, our 
enemies would be a threat to every nation and eventually to 
civilization itself. We will not wait,'' the President said, ``for more 
innocent deaths. We will not wait for the authors of mass murders to 
gain the weapons of mass destruction. We act now because we must lift 
this stark threat from our age and save generations to come.'' We all 
applauded President Bush's remarks.
  How then, how can we understand, then, how this Republican majority 
in the House would reject the Obey amendment which would add $221 
million to this bill; $191 million for securing Russian nuclear 
materials, $30 million to better fund programs employing former Soviet 
Union nuclear scientists? The President said, we act now. We cannot 
wait.
  When they say that we are going to have a supplemental down the road, 
let us review that. That bill came up before Thanksgiving in the 
Committee on Appropriations. Now we are on our way to Christmas, and we 
do not even have this bill passed, but we will soon. After Christmas 
comes what? Let us go through. Valentine's Day, St. Patrick's Day, 
President's Week, it will be easily Easter before we can revisit this 
bill and have a supplemental that will address these nuclear issues. 
How then can we, as the President said we act now, do so when we reject 
the opportunity that the gentleman from Wisconsin (Mr. Obey) has given 
us here today? We are now giving opportunity to those who would 
threaten our security in our country. I think that is unfortunate.
  Mr. YOUNG of Florida. Mr. Chairman, I have no further speakers. I 
reserve the balance of my time for a brief closing statement before I 
insist on my point of order.
  Mr. OBEY. Mr. Chairman, I yield myself the balance of the time.
  Mr. Chairman, for years, modern military planners, have been telling 
us that we should be spending less on the big-ticket items that were 
necessary to fight last century's wars and, instead, do more to prepare 
ourselves for tomorrow's wars. Well, tomorrow is here and this 
amendment is trying to take that advice.
  We have been told we need to do more to deal with terrorism, more to 
deal with chem-bioterrorism, more to deal with cyberterrorism. That is 
what we are trying to do.
  I find it very interesting today that not a single speaker, to my 
recollection, has challenged the merits of this amendment. All they 
have said is, ``Wait, be patient.'' Maybe next year.
  Well, I guess that means we should ring up the terrorists on the 
telephone and say, ``Folks, we need a little more time to get our act 
together here at home; would you mind waiting until next year before 
you figure out where you are going to hit us next?'' I do not think we 
would get a very receptive reply. That is why we need to do everything 
that we know we can do, and we need to do it now.
  The threat today is just as imminent as it was on September 11, and 
we need to remember that.
  I am sorry, but I am impatient. I want us to expand our public health 
capabilities now. I want us to triple the Canadian border patrol as the 
Patriot bill promised but did not deliver; I want us to do that now. I 
want us to strengthen port security, not by a token amount, but by a 
large amount, now. I want us to provide those additional translators 
now. I want us to provide the FBI with computer upgrade capability now. 
I want us to take the actions necessary to protect our weapons 
production plants now. I do not want to wait for a supplemental, 
because we have no idea how long it will take to pass one, and we have 
no idea what other add-ons will be added to it, because everybody who 
loses an argument between now and Christmas, when the supplemental 
comes, will try to attach their pet projects to that bill. It will be 
much more expensive then than now.
  Many of my colleagues on the other side of the aisle have told me, 
``I know you are right, we should be doing this, but we have to stick 
with our party leadership.'' I urge my colleagues instead to stick with 
their consciences, stick with what they know. They know we need to do 
more and they know we need to do it now. I urge my colleagues to vote 
that way.
  Mr. YOUNG of Florida. Mr. Chairman, I yield myself the balance of the 
time.
  I want to thank all of the Members for an excellent debate, a high-
level debate, exploring the important issues of the day.


                    Tribute to Frederick G. Mohrman

  Mr. YOUNG of Florida. Mr. Chairman, it is with sadness that I 
announce the death of Mr. Frederick G. Mohrman.
  Fred died at his home in Grayson, Kentucky early this morning. His 
wife, Jan, was with him when he died.
  Fred served as clerk and staff director of the Committee on 
Appropriations from 1984 to 1995. He was born November 24, 1932, a 
graduate of Kansas State College. He joined the Committee on 
Appropriations on January 1, 1975. Two years later he was appointed 
clerk of the Subcommittee on Interior. He became clerk and staff 
director of the Committee on Appropriations in February of 1985.
  He retired from committee service in 1996, having served both 
Republican and Democrat majorities here in the House.
  A veteran of the U.S. Air Force, he is survived by his wife, Jan, and 
5 children: Jana, Deke, Sean, Lisa, and Danny.
  Fred Mohrman was very much an institution on our committee. He was a 
big, gentle man. He knew when to be kind and he knew when to be gruff. 
He

[[Page 23232]]

protected the committee against all challenges, most of the time with 
great success. He knew the rules and how to use them for the benefit of 
all.
  When he retired, he bought a piece of land in eastern Kentucky and 
became ``Farmin' Fritz.'' Each week he kept the committee updated with 
his new life.
  Fred Mohrman leaves behind a legacy of loyalty, hard work, good 
humor, and a love of this institution. He will be greatly missed by all 
of us.
  I am happy to yield to the gentleman from Wisconsin.
  Mr. OBEY. Mr. Chairman, I thank the gentleman for yielding. Let me 
simply say I think the institution has experienced a great loss with 
the death of Fred Mohrman. As the chairman has indicated, he served 
this committee and this Congress for a good many years. He in fact 
served me for a brief period as staff director after I became chairman, 
and he was what I would call an institutional man.
  He cared deeply about this institution, and he cared deeply about the 
committee. He had that tough, old-fashioned sense of duty that 
characterized his entire generation, and this country and the world is 
far better off for it. He would have taken great pride in the fact that 
this year, despite all of the outside pressures that are brought to 
bear on this committee, that we managed to produce 12 out of 13 
appropriation bills that were passed on a bipartisan basis, and 1 that 
was pretty close to doing the same.
  He recognized that we need to define our differences and then we need 
to find ways to resolve them, and he took great pride in the services 
that he provided each and every Member on both sides of the aisle. He 
performed a great public service to this country. He was a man of 
absolute integrity, and we were saddened and shocked to learn of his 
passing.

                              {time}  1645

  Mr. YOUNG of Florida. Mr. Chairman, I thank the gentleman for his 
comments.


                             Point of Order

  Mr. YOUNG of Florida. Mr. Chairman, I make a point of order against 
the amendment because it proposes to change existing law and 
constitutes legislation on an appropriations bill, and therefore, 
violates clause 2 of rule XXI.
  The rule states, in pertinent part, ``An amendment to a general 
appropriation bill shall not be in order if changing existing law. . . 
.''
  The amendment includes an emergency designation under section 251 of 
the Balanced Budget and Emergency Deficit Control Act of 1985, and as 
such constitutes legislation in violation of clause 2 of rule XXI.
  I ask for a ruling from the Chair.
  The CHAIRMAN. Does the gentleman from Wisconsin (Mr. Obey) wish to 
address the point of order?
  Mr. OBEY. I certainly do, Mr. Chairman.
  The CHAIRMAN. The gentleman from Wisconsin is recognized.
  Mr. OBEY. How could the gentleman?
  Let me simply say, Mr. Chairman, that the Chair is being asked to 
rule on whether or not this amendment is in absolute compliance with 
each and every rule of the House.
  The Committee on Rules, as I understand it, provided the very same 
waivers so that the underlying bill could be considered that it refused 
to provide so that this amendment could be considered.
  Because of that, the sad fact is that while this subject matter 
should be a part of this debate, we have in fact been gagged by the 
Committee on Rules because they chose to provide exemptions under the 
rules for the core bill while denying those very same exemptions to 
this amendment.
  So for that reason, Mr. Chairman, while I believe deeply that we 
ought to be able to get a vote on this amendment, because I am 
confident if we could get a vote on it, it would pass, I must, in all 
honesty, concede the point of order, misguided though the rule was 
under which we are now operating.
  The CHAIRMAN. The point of order is conceded and sustained.
  The Clerk will read.
  The Clerk read as follows:

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Commodity 
     Futures Trading Commission'', $6,495,000, to remain available 
     until expended, to be obligated from amounts made available 
     in Public Law 107-38.

  Mr. YOUNG of Florida. Mr. Chairman, I ask unanimous consent to strike 
Section 803 of the bill.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Florida?
  There was no objection.
  The CHAIRMAN. Section 803 is stricken from the bill.
  The Clerk will read.
  The Clerk read as follows:

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         General Administration


                   administrative review and appeals

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Administrative Review and Appeals'', $3,500,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                            Legal Activities


            salaries and expenses, general legal activities

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses, General Legal Activities'', $12,500,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.

  Mr. YOUNG of Florida. Mr. Chairman, I ask unanimous consent that the 
remainder of the bill through page 194, line 5, be considered as read, 
printed in the Record, and open to amendment at any point.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Florida?
  There was no objection.
  The text of the remainder of the bill through page 194, line 5, is as 
follows:


             salaries and expenses, united states attorneys

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses, United States Attorneys'', $68,450,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.


         salaries and expenses, united states marshals service

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses, United States Marshals Service'', $11,100,000, 
     to remain available until expended, to be obligated from 
     amounts made available in Public Law 107-38.

                    Federal Bureau of Investigation


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $538,500,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                 Immigration and Naturalization Service


                         salaries and expenses

                     enforcement and border affairs

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $409,600,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                       Office of Justice Programs


                           justice assistance

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Justice 
     Assistance'', $400,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38, of which $45,000,000 is for emergency 
     response communications technologies and equipment for 
     Northern Virginia, $20,000,000 is for the Capitol Wireless 
     Integrated Network in the Washington Metropolitan Area, 
     $15,000,000 is for a chemical sensor program within the 
     Washington, D.C. subway system, and $9,800,000 is for an 
     aircraft for counterterrorism and other required activities 
     for the City of New York.


               state and local law enforcement assistance

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``State and 
     Local Law Enforcement Assistance'', $17,100,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.


                           crime victims fund

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Crime 
     Victims Fund'',

[[Page 23233]]

     $68,100,000, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration


                     operations and administration

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Operations and Administration'', $750,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                         Export Administration


                     operations and administration

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Operations and Administration'', $1,756,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

       National Telecommunications and Information Administration


    public telecommunications facilities, planning and construction

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Public 
     Telecommunications Facilities, Planning and Construction'', 
     $8,250,000, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38: 
     Provided, That matching requirements set forth in Section 
     392(b) of the Communications Act of 1934, as amended, shall 
     not apply to funds provided in this Act.

            National Oceanic and Atmospheric Administration


                  operations, research, and facilities

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Operations, Research, and Facilities'', $750,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                        Departmental Management


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $8,636,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                             THE JUDICIARY

                   Supreme Court of the United States


                    care of the building and grounds

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Care of 
     the Building and Ground'', $10,000,000, to remain available 
     until expended, to be obligated from amounts made available 
     in Public Law 107-38.

    Courts of Appeals, District Courts, and Other Judicial Services


                             court security

       For emergency expenses to respond to the September 11, 2001 
     terrorist attacks on the United States, for ``Court 
     Security'', $21,500,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38: Provided, That the funds may be expended directly or 
     transferred to the United States Marshals Service, to remain 
     available until expended: Provided further, That $4,000,000 
     shall be available to reimburse the United States Marshals 
     Service for a Supervisory Deputy Marshal responsible for 
     coordinating security in each judicial district and circuit.

                 DEPARTMENT OF STATE AND RELATED AGENCY

                             RELATED AGENCY

                    Broadcasting Board of Governors


                 international broadcasting operations

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``International Broadcasting Operations'', $9,200,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.


                   broadcasting capital improvements

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Broadcasting Capital Improvements'', $10,000,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                            RELATED AGENCIES

                Equal Employment Opportunity Commission


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses,'' $1,301,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                   Securities and Exchange Commission


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $20,705,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                     Small Business Administration


                     disaster loans program account

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Disaster 
     Loans Program Account'', $140,000,000, to remain available 
     until expended, to be obligated from amounts available in 
     Public Law 107-38.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 201. For purposes of assistance available under 
     section 7(b)(2) of the Small Business Act (15 U.S.C. 
     636(b)(2)) to small business concerns located in disaster 
     areas declared as a result of the September 11, 2001, 
     terrorist attacks, (i) the terms ``small business concern'' 
     shall include not-for-profit institutions and small business 
     concerns described in subsectors 522, 523, and 524 of the 
     North American Industry Classification System codes (as 
     described in 13 C.F.R. 121.201, as in effect on January 2, 
     2001), except for depository financial institutions, and (ii) 
     the Administrator may apply such size standards as may be 
     promulgated under such section 121.201 after the date of 
     enactment of this provision, but no later than January 1, 
     2002.
       Sec. 202. Notwithstanding any other provision of law, the 
     limitation on the total amount of loans under section 7(b) of 
     the Small Business Act (15 U.S.C. 636(b)) outstanding and 
     committed to a borrower in the disaster areas declared in 
     response to the September 11, 2001, terrorist attacks shall 
     be increased to $10,000,000.
       Sec. 203. 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, and section 15 of the State Department Basic 
     Authorities Act of 1956, as amended.

                               CHAPTER 3

                    DEPARTMENT OF DEFENSE--MILITARY

                       Operation and Maintenance

                    Defense Emergency Response Fund


                     (including transfer of funds)

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Defense 
     Emergency Response Fund'', $7,242,911,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38, as follows:
       (1) For increased situational awareness, $1,735,000,000;
       (2) For enhanced force protection, $742,911,000, of which 
     $40,000,000 shall be available only for biological weapons 
     proliferation prevention activities under the Former Soviet 
     Union Threat Reduction Program, of which $30,000,000 shall be 
     transferred to ``Department of State, Nonproliferation, Anti-
     terrorism, Demining, and Related Programs'' only for the 
     purpose of supporting expansion of the Biological Weapons 
     Redirect and International Science and Technology Centers 
     programs, to prevent former Soviet biological weapons experts 
     from emigrating to proliferant states and to reconfigure 
     former Soviet biological weapons production facilities for 
     peaceful uses;
       (3) For improved command and control, $162,000,000;
       (4) For increased worldwide posture, $2,801,000,000;
       (5) For offensive counterterrorism, $769,000,000, of which 
     $237,000,000 is for the Special Operations Command;
       (6) For initial crisis response, $108,000,000;
       (7) For the Pentagon Reservation Maintenance Revolving 
     Fund, $925,000,000:

     Provided, That none of the funds provided under this heading 
     in this chapter may be used for appropriations for military 
     construction and military family housing.

                    GENERAL PROVISIONS--THIS CHAPTER


                     (including transfer of funds)

       Sec. 301. Amounts available in the ``Defense Emergency 
     Response Fund'' (the ``Fund'') shall be available for the 
     purposes set forth in the 2001 Emergency Supplemental 
     Appropriations Act for Recovery from and Response to 
     Terrorist Attacks on the United States (Public Law 107-38): 
     Provided, That the Fund may be used to reimburse other 
     appropriations or funds of the Department of Defense, 
     including activities of the National Foreign Intelligence 
     Program funded in defense appropriations acts, only for costs 
     incurred for such purposes on or after September 11, 2001: 
     Provided further, That the Fund may be used to liquidate 
     obligations incurred by the Department of Defense under the 
     authorities in section 3732 of the Revised Statutes (41 
     U.S.C. 11; popularly known as the ``Food and Forage Act'') 
     for any costs incurred for such purposes between September 11 
     and September 30, 2001: Provided further, That the Secretary 
     of Defense may transfer to the Fund amounts from any current 
     appropriation made available in defense appropriations acts, 
     only for the purpose of adjusting and liquidating obligations 
     properly chargeable to the Fund: Provided further, That the 
     authority granted in the preceding proviso shall only be 
     exercised after the Secretary of Defense makes a 
     determination that amounts in the Fund are insufficient to 
     liquidate obligations made using appropriations in the Fund, 
     and not prior to 30 days after notifying the congressional 
     defense committees in writing regarding each proposed 
     transfer of funds: Provided

[[Page 23234]]

     further, That in order to carry out the specified purposes 
     under this heading, the Secretary of Defense may transfer 
     funds from the Fund to any defense appropriation account 
     enacted in appropriations acts, including ``Support for 
     International Sporting Competitions, Defense'': 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 under 
     this heading is in addition to any other transfer authority 
     available to the Department of Defense: Provided further, 
     That within 30 days of enactment of this Act, and quarterly 
     thereafter, the Secretary of Defense and the Director of 
     Central Intelligence shall each provide to the Congress a 
     report (in unclassified and classified form, as needed) 
     specifying the projects and accounts to which funds provided 
     in this chapter are to be transferred.


                     (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) are hereby appropriated and shall be available for 
     transfer by the Secretary of Defense to such appropriations 
     or funds of the Department of Defense as he shall determine, 
     to be merged with and be available for the same purposes and 
     the same time period as the appropriation 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 the 
     transfer authority provided under this heading is in addition 
     to any other transfer authority available to the Department 
     of Defense: Provided further, That these amounts are 
     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 on all obligations made pursuant to this 
     authority.
       Sec. 303. (a) Amounts in the appropriation account 
     ``Support for International Sporting Competitions, Defense'' 
     may be used to support essential security and safety services 
     for the 2002 Winter Olympic Games in Salt Lake City, Utah, 
     under section 2564 of title 10, United States Code, without 
     the certification otherwise required under subsection (a) of 
     that section.
       (b) In connection with the provision of essential security 
     and safety support to the 2002 Winter Olympic Games and 
     logistical and security support to the 2002 Winter Paralympic 
     Games, the term ``active duty'' as used in section 5802 of 
     division A of the Omnibus Consolidated Appropriations Act, 
     1997 (10 U.S.C. 2564 note), shall be treated as including 
     State active duty and full-time National Guard duty performed 
     by members of the Army National Guard and Air National Guard.
       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).
       Sec. 305. For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.

                               CHAPTER 4

                          DISTRICT OF COLUMBIA

                             FEDERAL FUNDS

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for a Federal 
     payment to the District of Columbia for Protective Clothing 
     and Breathing Apparatus, to be obligated from amounts made 
     available in Public Law 107-38 and to remain available until 
     expended, $12,144,209, of which $921,833 is for the Fire and 
     Emergency Medical Services Department, $4,269,000 is for the 
     Metropolitan Police Department, $1,500,000 is for the 
     Department of Health, $453,376 is for the Department of 
     Public Works, and $5,000,000 is for the Washington 
     Metropolitan Area Transit Authority.
       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for a Federal 
     payment to the District of Columbia for Specialized Hazardous 
     Materials Equipment, to be obligated from amounts made 
     available in Public Law 107-38 and to remain available until 
     expended, $1,032,342, for the Fire and Emergency Medical 
     Services Department.
       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for a Federal 
     payment to the District of Columbia for Chemical and 
     Biological Weapons Preparedness, to be obligated from amounts 
     made available in Public Law 107-38 and to remain available 
     until expended, $10,354,415, of which $204,920 is for the 
     Fire and Emergency Medical Services Department, $258,170 is 
     for the Metropolitan Policy Department, and $9,891,325 is for 
     the Department of Health.
       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for a Federal 
     payment to the District of Columbia for Pharmaceuticals for 
     Responders, to be obligated from amounts made available in 
     Public Law 107-38 and to remain available until expended, 
     $2,100,000, for the Department of Health.
       Notwithstanding any other provision of law, all amounts 
     under this heading shall be apportioned quarterly by the 
     Office of Management and Budget. The Chief financial Officer 
     of the District of Columbia shall provide quarterly reports 
     to the President and the Committees on Appropriations of the 
     Senate and the House of Representatives on the use of the 
     funds under this heading beginning no later than January 2, 
     2002.

                       DISTRICT OF COLUMBIA FUNDS

                          DIVISION OF EXPENSES

       The following amounts are appropriated for the District of 
     Columbia for the current fiscal year out of the general fund 
     of the District of Columbia and shall remain available until 
     expended.
       For Protective Clothing and Breathing Apparatus, to remain 
     available until expended, $12,144,209, of which $921,833 is 
     for the Fire and Emergency Medical Services Department, 
     $4,269,000 is for the Metropolitan Police Department, 
     $1,500,000 is for the Department of Health, $453,376 is for 
     the Department of Public Works, and $5,000,000 is for the 
     Washington Metropolitan Area Transit Authority.
       For Specialized Hazardous Materials Equipment, to remain 
     available until expended, $1,032,342, for the Fire and 
     Emergency Medical Services Department.
       For Chemical and Biological Weapons Preparedness, to remain 
     available until expended, $10,354,415, of which $204,920 is 
     for the Fire and Emergency Medical Services Department, 
     $258,170 is for the Metropolitan Police Department, and 
     $9,891,325 is for the Department of Health.
       For Pharmaceuticals for Responders, to remain available 
     until expended, $2,100,000, for the Department of Health.

                               CHAPTER 5

                      DEPARTMENT OF DEFENSE--CIVIL

                       Corps of Engineers--Civil

                   Operation and Maintenance, General

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Operation 
     and Maintenance, General'' $139,000,000, to remain available 
     until expended, to be obligated from amounts made available 
     in Public Law 107-38.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation


                      water and related resources

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Water and 
     Related Resources'', $30,259,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                          DEPARTMENT OF ENERGY

                National Nuclear Security Administration


                           weapons activities

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, and for other 
     expenses to increase the security of the Nation's nuclear 
     weapons complex, for ``Weapons Activities'', $88,000,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.


                    defense nuclear nonproliferation

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, and for other 
     expenses to increase the security of the Nation's nuclear 
     weapons complex, for ``Defense Nuclear Nonproliferation'', 
     $18,000,000, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

         Defense Environmental Restoration and Waste Management

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Defense 
     Environmental Restoration and Waste Management'', $8,200,000, 
     to remain available until expended, to be obligated from 
     amounts made available in Public Law 107-38.

                        Other Defense Activities

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, and for other 
     expenses necessary to support activities related to 
     countering potential biological threats to civilian 
     populations, for ``Other Defense Activities'', $3,500,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.

                               CHAPTER 6

                       DEPARTMENT OF THE INTERIOR

                         National Park Service


                 operation of the national park system

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States for ``Operation 
     of the National

[[Page 23235]]

     Park System'', $10,098,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.


                       united states park police

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States for the ``United 
     States Park Police'', $25,295,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.


                              construction

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States for 
     ``Construction'', $21,624,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                          Departmental Offices

                        Departmental Management


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States for ``Salaries 
     and Expenses'', $2,205,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38, for the working capital fund of the 
     Department of the Interior.

                         OTHER RELATED AGENCIES

                        SMITHSONIAN INSTITUTION


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States for ``Salaries 
     and Expenses'' of the Smithsonian Institution, $21,707,000, 
     to remain available until expended, to be obligated from 
     amounts made available in Public Law 107-38.

                        National Gallery of Art


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States for ``Salaries 
     and Expenses'' of the National Gallery of Art, $2,148,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.

             JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS


                       operations and maintenance

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States for ``Operations 
     and Maintenance'' of the John F. Kennedy Center for the 
     Performing Arts, $4,310,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                  NATIONAL CAPITAL PLANNING COMMISSION


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States for ``Salaries 
     and Expenses'' of the National Capital Planning Commission, 
     $758,000, to be obligated from amounts made available in 
     Public Law 107-38.

                               CHAPTER 7

                          DEPARTMENT OF LABOR

     State Unemployment Insurance and Employment Service Operations

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``State 
     Unemployment Insurance and Employment Service Operations'', 
     $4,100,000, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38.

              Pension and Welfare Benefits Administration


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States for ``Salaries 
     and Expenses'', $1,600,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

             Occupational Safety and Health Administration


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $1,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                        Departmental Management


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $5,880,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES


            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, and for other 
     expenses necessary to support activities related to 
     countering potential biological, disease, and chemical 
     threats to civilian populations, for ``Public Health and 
     Social Services Emergency Fund'', $1,990,600,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                        DEPARTMENT OF EDUCATION


                      SCHOOL IMPROVEMENT PROGRAMS

       For emergency expenses to provide education-related 
     services to local educational agencies in which the learning 
     environment has been disrupted due to a violent or traumatic 
     crisis, for the Project School Emergency Response to Violence 
     program, $10,000,000, to remain available until expended, and 
     to be obligated from amounts made available in Public Law 
     107-38.

                            RELATED AGENCIES

                     National Labor Relations Board


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $180,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38.

                     Social Security Administration


                 Limitation on Administrative Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Limitation on Administrative Expenses'', $7,500,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.

                               CHAPTER 8

                           LEGISLATIVE BRANCH

               Legislative Branch Emergency Response Fund


                     (Including Transfer of Funds)

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, $256,081,000 to 
     remain available until expended, to be derived from the 
     Emergency Response Fund established by Public Law 107-38: 
     Provided, That $34,500,000 shall be transferred to ``SENATE--
     Sergeant at Arms and Doorkeeper of the Senate'' and shall be 
     obligated with prior notification to the Committee on 
     Appropriations of the Senate: Provided further, That 
     $40,712,000 shall be transferred to ``HOUSE OF 
     REPRESENTATIVES--Salaries and Expenses'' and shall be 
     obligated with prior notification to the Committee on 
     Appropriations of the House of Representatives: Provided 
     further, That $1,000,000 shall be transferred as a grant to 
     the United States Capitol Historical Society: Provided 
     further, That the remaining balance of $179,869,000, together 
     with any other amounts provided to any entity in the 
     legislative branch which are derived from the Emergency 
     Response Fund established by Public Law 107-38 and which 
     remain unobligated as of the date of the enactment of this 
     Act (other than any amounts provided to the House of 
     Representatives or Senate), shall be transferred to the 
     Capitol Police Board, who shall transfer to the affected 
     entities of the legislative branch such amounts as the 
     Capitol Police Board considers appropriate, with prior 
     notification to the Committees on Appropriations of the House 
     of Representatives and Senate.

                        HOUSE OF REPRESENTATIVES

                       Administrative Provisions

       Sec. 801. (a) Acquisition of Buildings and Facilities.--
     Notwithstanding any other provision of law, in order to 
     respond to an emergency situation, the Chief Administrative 
     Officer of the House of Representatives may acquire buildings 
     and facilities, subject to the availability of 
     appropriations, for the use of the House of Representatives 
     by lease, purchase, or such other arrangement as the Chief 
     Administrative Officer considers appropriate (including a 
     memorandum of understanding with the head of an Executive 
     Agency, as defined in section 105 of title 5, United States 
     Code, in the case of a building or facility under the control 
     of such Agency), subject to the approval of the House Office 
     Building Commission.
       (b) Agreements.--Notwithstanding any other provision of 
     law, for purposes of carrying out subsection (a), the Chief 
     Administrative Officer may carry out such activities and 
     enter into such agreements related to the use of any building 
     or facility acquired pursuant to such subsection as the Chief 
     Administrative Officer considers appropriate, including--
       (1) agreements with the United States Capitol Police or any 
     other entity relating to the policing of such building or 
     facility; and
       (2) agreements with the Architect of the Capitol or any 
     other entity relating to the care and maintenance of such 
     building or facility.
       (c) Authority of Capitol Police and Architect.--
       (1) Architect of the capitol.--Notwithstanding any other 
     provision of law, the Architect of the Capitol may take any 
     action necessary to carry out an agreement entered into with 
     the Chief Administrative Officer pursuant to subsection (b).
       (2) Capitol police.--Section 9 of the Act of July 31, 1946 
     (40 U.S.C. 212a) is amended--
       (A) by striking ``The Capitol Police'' and inserting ``(a) 
     The Capitol Police''; and
       (B) by adding at the end the following new subsection:
       ``(b) For purposes of this section, `the United States 
     Capitol Buildings and Grounds' shall include any building or 
     facility acquired by the Chief Administrative Officer of the 
     House of Representatives for the

[[Page 23236]]

     use of the House of Representatives for which the Chief 
     Administrative Officer has entered into an agreement with the 
     United States Capitol Police for the policing of the building 
     or facility.''.
       (d) Transfer of Certain Funds.--Subject to the approval of 
     the Committee on Appropriations of the House of 
     Representatives, the Architect of the Capitol may transfer to 
     the Chief Administrative Officer amounts made available to 
     the Architect for necessary expenses for the maintenance, 
     care and operation of the House office buildings during a 
     fiscal year in order to cover any portion of the costs 
     incurred by the Chief Administrative Officer during the year 
     in acquiring a building or facility pursuant to subsection 
     (a).
       (e) Effective Date.--This section and the amendments made 
     by this section shall apply with respect to fiscal year 2002 
     and each succeeding fiscal year.
       Sec. 802. (a) Notwithstanding any other provision of law--
       (1) subject to subsection (b), the Chief Administrative 
     Officer of the House of Representatives and the head of an 
     Executive Agency (as defined in section 105 of title 5, 
     United States Code) may enter into a memorandum of 
     understanding under which the Agency may provide facilities, 
     equipment, supplies, personnel, and other support services 
     for the use of the House of Representatives during an 
     emergency situation; and
       (2) the Chief Administrative Officer and the head of the 
     Agency may take any action necessary to carry out the terms 
     of the memorandum of understanding.
       (b) The Chief Administrative Officer of the House of 
     Representatives may not enter into a memorandum of 
     understanding described in subsection (a)(1) without the 
     approval of the Speaker of the House of Representatives.
       (c) This section shall apply with respect to fiscal year 
     2002 and each succeeding fiscal year.
       Sec. 803. (a) There is established in the House of 
     Representatives an office to be known as the House of 
     Representatives Office of Emergency Planning, Preparedness, 
     and Operations. The Office shall be responsible for 
     mitigation and preparedness operations, crisis management and 
     response, resource services, and recovery operations.
       (b) There is established the House of Representatives 
     Continuity of Operations Board, comprised of the Clerk, the 
     Sergeant-at-Arms, and the Chief Administrative Officer of the 
     House of Representatives. The Clerk shall be the Chairman of 
     the Board.
       (c) The Board--
       (1) shall appoint and set the annual rate of pay for 
     employees of the Office, including a Director, who shall be 
     the head of the Office and shall carry out the day-to-day 
     operations of the Office under the supervision of the Board;
       (2) shall exercise, with respect to any employee of the 
     Office, the authority referred to in section 8344(k)(2)(B) of 
     title 5, United States Code, and the authority referred to in 
     section 8468(h)(2)(B) of title 5, United States Code;
       (3) shall approve procurement of services of experts and 
     consultants by the Office or by committees or other entities 
     of the House of Representatives for assignment to the Office; 
     and
       (4) may request the head of any Federal department or 
     agency to detail to the Office, on a reimbursable basis, any 
     of the personnel of the department or agency.
       (d) Until otherwise provided by law, funds shall be 
     available for the Office from amounts appropriated for the 
     operations of the House of Representatives.
       (e) This section shall take effect on the date of the 
     enactment of this Act and shall apply to fiscal years 
     beginning with fiscal year 2002.

                        OTHER LEGISLATIVE BRANCH

                       Administrative Provisions

       Sec. 804. (a) Section 1(c) of Public Law 96-152 (40 U.S.C. 
     206-1) is amended by striking ``but not to exceed'' and all 
     that follows and inserting the following: ``but not to exceed 
     $2,500 less than the lesser of the annual salary for the 
     Sergeant at Arms of the House of Representatives or the 
     annual salary for the Sergeant at Arms and Doorkeeper of the 
     Senate.''.
       (b) The Assistant Chief of the Capitol Police shall receive 
     compensation at a rate determined by the Capitol Police 
     Board, but not to exceed $1,000 less than the annual salary 
     for the chief of the United States Capitol Police.
       (c) This section and the amendment made by this section 
     shall apply with respect to pay periods beginning on or after 
     the date of the enactment of this Act.
       Sec. 805. In addition to the authority provided under 
     section 121 of the Legislative Branch Appropriations Act, 
     2002, at any time on or after the date of the enactment of 
     this Act, the Capitol Police Board may accept contributions 
     of recreational, comfort, and other incidental items and 
     services to support officers and employees of the United 
     States Capitol Police while such officers and employees are 
     on duty in response to emergencies involving the safety of 
     human life or the protection of property.
       Sec. 806. (a) Section 9 of the Act of July 31, 1946 (40 
     U.S.C. 212a) is amended by adding at the end the following 
     new subsection:
       ``(c)(1) For purposes of this section, `the United States 
     Capitol Buildings and Grounds' shall include all buildings 
     and grounds of the United States Botanic Garden, including 
     the National Garden and Bartholdi Park.
       ``(2) For purposes of this section, the Joint Committee on 
     the Library may suspend the application of section 4 of this 
     Act to the buildings and grounds described in paragraph (1) 
     in order to promote the interests of the United States 
     Botanic Garden.''.
       (b) The amendment made by subsection (a) shall apply with 
     respect to fiscal year 2002 and each succeeding fiscal year.
       Sec. 807. (a) Assistance for Capitol Police From Executive 
     Departments and Agencies.--Notwithstanding any other 
     provision of law, Executive departments and Executive 
     agencies may assist the United States Capitol Police in the 
     same manner and to the same extent as such departments and 
     agencies assist the United States Secret Service under 
     section 6 of the Presidential Protection Assistance Act of 
     1976 (18 U.S.C. 3056 note), except as may otherwise be 
     provided in this section.
       (b) Terms of Assistance.--Assistance under this section 
     shall be provided--
       (1) consistent with the authority of the Capitol Police 
     under sections 9 and 9A of the Act of July 31, 1946 (40 
     U.S.C. 212a and 212a-2);
       (2) upon the advance written request of--
       (A) the Chairman of the Capitol Police Board, or
       (B) in the absence of the Chairman of the Capitol Police 
     Board--
       (i) the Sergeant at Arms and Doorkeeper of the Senate, in 
     the case of any matter relating to the Senate; or
       (ii) the Sergeant at Arms of the House of Representatives, 
     in the case of any matter relating to the House; and
       (3) either--
       (A) on a temporary and reimbursable basis, or
       (B) on a permanent reimbursable basis upon advance written 
     request of the Chairman of the Capitol Police Board.
       (c) Reports on Expenditures for Assistance.--
       (1) Reports.--With respect to any fiscal year in which an 
     Executive department or Executive agency provides assistance 
     under this section, the head of that department or agency 
     shall submit a report not later than 30 days after the end of 
     the fiscal year to the Chairman of the Capitol Police Board.
       (2) Contents.--The report submitted under paragraph (1) 
     shall contain a detailed account of all expenditures made by 
     the Executive department or Executive agency in providing 
     assistance under this section during the applicable fiscal 
     year.
       (3) Summary of reports.--After receipt of all reports under 
     paragraph (2) with respect to any fiscal year, the Chairman 
     of the Capitol Police Board shall submit a summary of such 
     reports to the Committees on Appropriations of the Senate and 
     the House of Representatives.
       (d) Effective Date.--This section shall apply with respect 
     to fiscal year 2002 and each succeeding fiscal year.
       Sec. 808. (a) Notwithstanding any other provision of law, 
     the United States Capitol Preservation Commission established 
     under section 801 of the Arizona-Idaho Conservation Act of 
     1988 (40 U.S.C. 188a) may transfer to the Architect of the 
     Capitol amounts in the Capitol Preservation Fund established 
     under section 803 of such Act (40 U.S.C. 188a-2) if the 
     amounts are to be used by the Architect for the planning, 
     engineering, design, or construction of the Capitol Visitor 
     Center.
       (b) Any amounts transferred pursuant to subsection (a) 
     shall remain available for the use of the Architect of the 
     Capitol until expended.
       (c) This section shall apply with respect to fiscal year 
     2002 and each succeeding fiscal year.
       Sec. 809. (a) Section 1 of Public Law 93-180 (40 U.S.C. 
     166d) is amended--
       (1) by striking ``secure, through rental, lease, or other 
     appropriate agreement, storage space'' and inserting 
     ``acquire, through purchase, lease, or other appropriate 
     arrangement, property or space'';
       (2) by inserting ``the United States Capitol Police,'' 
     after ``Representatives,''; and
       (3) by striking ``as such Commission and committee may 
     authorize'' and inserting ``as the Architect deems reasonable 
     and appropriate''.
       (b) Nothing in the amendment made by subsection (a) may be 
     construed to affect the authority provided to the Architect 
     of the Capitol under section 128 of the Legislative Branch 
     Appropriations Act, 2002, to secure the property described in 
     such section.
       (c) The amendment made by subsection (a) shall apply with 
     respect to fiscal year 2002 and each succeeding fiscal year.
       Sec. 810. (a) Public Law 107-68 is amended in the item 
     relating to ``ARCHITECT OF THE CAPITOL--Capitol Visitor 
     Center''--
       (1) by striking ``unassigned space in the'';
       (2) by striking ``for House space''; and
       (3) by striking ``for Senate space''.
       (b) The amendment made by subsection (a) shall take effect 
     as if included in the enactment of Public Law 107-68.
       Sec. 811. (a) In accordance with the authority described in 
     section 308(a) of the Legislative Branch Appropriations Act, 
     1988 (40 U.S.C. 166b-3a(a)), section 108 of the Legislative 
     Branch Appropriations Act, 1991 (40

[[Page 23237]]

     U.S.C. 166b-3b), as amended by section 129(c)(1) of the 
     Legislative Branch Appropriations Act, 2002, is amended by 
     adding at the end the following new subsection:
       ``(c) The Architect of the Capitol may fix the rate of 
     basic pay for not more than 4 positions for Executive Project 
     Directors whose salary is payable from project funds, at a 
     rate not to exceed 95 percent of the highest total rate of 
     pay for the Senior Executive Service under subchapter VIII of 
     chapter 53 of title 5, United States Code, for the locality 
     involved.''.
       (b) The amendment made by subsection (a) shall apply with 
     respect to pay periods beginning on or after October 1, 2001.
       Sec. 812. (a) Public Law 107-68 is amended by adding at the 
     end the following:
       ``This Act may be cited as the `Legislative Branch 
     Appropriations Act, 2002'.''.
       (b) The amendment made by subsection (a) shall take effect 
     as if included in the enactment of Public Law 107-68.

                               CHAPTER 9

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

                      MILITARY CONSTRUCTION, ARMY

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Military 
     Construction, Army'', $55,700,000, to remain available until 
     expended: Provided, That these funds shall be obligated from 
     amounts made available in Public Law 107-38.

                      MILITARY CONSTRUCTION, NAVY

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Military 
     Construction, Navy'', $2,000,000, to remain available until 
     expended: Provided, That these funds shall be obligated from 
     amounts made available in Public Law 107-38.

                    MILITARY CONSTRUCTION, AIR FORCE

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Military 
     Construction, Air Force'', $47,700,000, to remain available 
     until expended: Provided, That these funds shall be obligated 
     from amounts made available in Public Law 107-38.

                    GENERAL PROVISIONS--THIS CHAPTER


                     (including transfer of funds)

       Sec. 901. The Secretary of Defense may transfer to the 
     ``Defense Emergency Response Fund'' amounts appropriated in 
     Military Construction Appropriations Acts only if the 
     Secretary makes a determination that amounts in the Fund are 
     insufficient to carry out needed military construction 
     projects. In exercising the transfer authority provided by 
     this section, the Secretary of Defense shall first transfer 
     unobligated balances remaining from fiscal year 2001 and 
     earlier fiscal years before transferring any amounts 
     appropriated in the Military Construction Appropriations Act, 
     2002. Amounts so transferred shall be available solely for 
     military construction projects, including activities 
     described in section 2802(b) of title 10, United States Code. 
     At least 10 days prior to each such transfer, the Secretary 
     of Defense shall notify the appropriate defense committees, 
     shall provide an accompanying form 1391, and shall describe 
     the source of funds from which the transfer is derived.
       Sec. 902. Amounts made available to the Department of 
     Defense from funds appropriated in Public Law 107-38 and this 
     Act may be used to carry out military construction projects 
     not otherwise authorized by law that the Secretary of Defense 
     determines are necessary to respond to or protect against 
     acts or threatened acts of terrorism. At least 10 days prior 
     to carrying out such military construction project, the 
     Secretary shall notify the appropriate defense committees and 
     shall provide an accompanying form 1391.

                               CHAPTER 10

                      DEPARTMENT OF TRANSPORTATION

                        OFFICE OF THE SECRETARY

                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $458,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38.

                 Transportation Security Administration

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for the 
     ``Transportation Security Administration'', $15,000,000, to 
     remain available until September 30, 2002, to be obligated 
     from amounts made available in Public Law 107-38: Provided, 
     That obligation of funds under this heading is subject to 
     enactment of legislation authorizing the establishment of 
     such office.

          Aircraft Passenger and Baggage Screening Activities

       For necessary expenses of the Secretary of Transportation 
     to carry out responsibilities for the screening of passengers 
     and property on passenger aircraft in air transportation that 
     originates in the United States or intrastate air 
     transportation that, on September 11, 2001, was performed by 
     an employee or agent of an air carrier, intrastate air 
     carrier, or foreign air carrier, $1,000,000,000, to remain 
     available until expended: Provided, That none of the funds 
     under this heading may be obligated or expended until 
     enactment of legislation authorizing: (1) the conduct of such 
     activities, whether by contract, grant, or direct federal 
     personnel, by an organization within the Department of 
     Transportation other than the Federal Aviation 
     Administration; (2) the collection of passenger and baggage 
     screening user fees designed to offset the cost of these 
     activities; and (3) the crediting of the fees as offsetting 
     collections to the account financing the activities and 
     services for which the fee is imposed: Provided further, That 
     the sum herein appropriated shall be reduced, on a dollar for 
     dollar basis, as such offsetting collections are received, so 
     as to result in a final fiscal year 2002 appropriation of 
     zero.

                              COAST GUARD

                           Operating Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Operating 
     Expenses,'' $144,913,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38.

                    FEDERAL AVIATION ADMINISTRATION

                               Operations


                    (airport and airway trust fund)

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Operations,'' $291,500,000, to be derived from the Airport 
     and Airway Trust Fund and to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38.

                        Facilities and Equipment


                    (airport and airway trust fund)

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Facilities and Equipment'', $175,000,000, to be derived 
     from the Airport and Airway Trust Fund and to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                     FEDERAL HIGHWAY ADMINISTRATION

                          Federal-Aid Highways

                        Emergency Relief Program


                          (Highway trust fund)

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for the 
     ``Emergency Relief Program'' as authorized by section 125 of 
     title 23, United States Code, $75,000,000, to be derived from 
     the Highway Trust Fund and to remain available until 
     expended, to be included in the total of amounts made 
     available in Public Law 107-38.

                    FEDERAL RAILROAD ADMINISTRATION

                         Safety and Operations

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Safety 
     and Operations,'' $6,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                     FEDERAL TRANSIT ADMINISTRATION

                             Formula Grants

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Formula 
     Grants,'' $23,500,000, to remain available until expended, to 
     be obligated from amounts made available in Public Law 107-
     38.

              RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

                     Research and Special Programs

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Research 
     and Special Programs,'' $2,500,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                             RELATED AGENCY

                  NATIONAL TRANSPORTATION SAFETY BOARD

                         Salaries and Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses,'' $465,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38.

                               CHAPTER 11

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

           Treasury Inspector General for Tax Administration


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $2,032,000, to remain available until 
     expended, to be obligated from amounts made available by 
     Public Law 107-38.

                  Financial Crimes Enforcement Network


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $1,700,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                Federal Law Enforcement Training Center


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the

[[Page 23238]]

     United States, for ``Salaries and Expenses'', $23,231,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.


      acquisition, construction, improvements and related expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Acquisition, Construction, Improvements, and Related 
     Expenses'', $8,500,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38: Provided, That, in order to expedite the acquisition 
     of architectural and engineering services for the 
     construction of facilities at the Cheltenham, Maryland, 
     training facility, the Federal Law Enforcement Training 
     Center may procure such services without regard to (1) the 
     competition requirements of section 303 of the Federal 
     Property and Administrative Services Act of 1949 (41 U.S.C. 
     253); (2) the 6 percent fee limitation on such services set 
     forth in section 304(b) of such Act (41 U.S.C. 254(b)); and 
     (3) the procurement notice requirements of section 18 of the 
     Office of Federal Procurement Policy Act (41 U.S.C. 416).

                Bureau of Alcohol, Tobacco and Firearms


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $31,431,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38, of which $5,200,000 may be used for 
     necessary expenses of site acquisition, construction, 
     operations, maintenance and repair of the special purpose 
     canine training facilities in Front Royal, Virginia.

                     United States Customs Service


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', to meet requirements, including technology, 
     along the northern border and at critical seaports, 
     $160,146,000, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38.
       In addition, for an additional amount for ``Salaries and 
     Expenses'' for response and recovery costs, a commercial 
     backup facility and enhanced security for the Newington Data 
     Center, and additional staffing and office expenses for anti-
     money laundering and foreign operations, $141,613,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.


  Operation, maintenance and procurement, air and marine interdiction 
                                programs

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Operation, Maintenance and Procurement, Air and Marine 
     Interdiction Programs'', $6,700,000, to remain available 
     until expended, to be obligated from amounts made available 
     in Public Law 107-38.

                        Internal Revenue Service


                          tax law enforcement

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Tax Law 
     Enforcement'', $4,544,000, to remain available until 
     expended, to be obligated from amounts made available by 
     Public Law 107-38.

                      United States Secret Service


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $104,769,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                          INDEPENDENT AGENCIES

                    General Services Administration


                        real property activities

                         federal buildings fund

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United Stats, for ``Federal 
     Buildings fund'', $87,360,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                               CHAPTER 12

                     DEPARTMENT OF VETERANS AFFAIRS

                      Departmental Administration


                       general operating expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States for ``General 
     operating expenses'', $2,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                     Management and Administration


                      office of inspector general

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States for ``Office of 
     Inspector General'', $1,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                          INDEPENDENT AGENCIES

                    Environmental Protection Agency


                         science and technology

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States for ``Science 
     and technology'', $10,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.


                 environmental programs and management

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States for 
     ``Environmental programs and management'', $140,360,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.


                     hazardous substance superfund

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, and to support 
     activities related to countering terrorism, for ``Hazardous 
     substance superfund'', $5,800,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.


                   state and tribal assistance grants

       For making grants for emergency expenses to respond to the 
     September 11, 2001, terrorist attacks on the United States, 
     and to support activities related to countering potential 
     biological and chemical threats to populations, for ``State 
     and tribal assistance grants'', $5,000,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                  Federal Emergency Management Agency


                            disaster relief

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Disaster 
     relief'', $4,345,000,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38.


              emergency management planning and assistance

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Emergency 
     management planning and assistance'', $35,000,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38, of which not less than 
     $10,000,000 shall be available for support of the 2002 Winter 
     Olympics.


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and expenses'', $30,000,000 to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38 of which not less than $10,000,000 shall be 
     used to enhance the capabilities of the National Security 
     Division.

             National Aeronautics and Space Administration


                           human space flight

       For emergency expenses to respond to the September 11, 
     2001, terrorist attack on the United States, for ``Human 
     space flight'', $81,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.


                  science, aeronautics and technology

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Science, 
     aeronautics and technology'', $36,500,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.


                      office of inspector general

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Office of 
     Inspector General'', $3,000,000, to remain available until 
     expended, to the obligated from amounts made available in 
     Public Law 107-38.

                      National Science Foundation


                    research and related activities

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Research 
     and related activities'', $300,000 to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                               CHAPTER 13

                    GENERAL PROVISION--THIS DIVISION

       Sec. 1301. No part of any appropriation contained in this 
     division shall remain available for obligation beyond the 
     current fiscal year unless expressly provided so herein.

                               CHAPTER 14

  ADDITIONAL EMERGENCY RELIEF AND RECOVERY PROVISIONS--DEPARTMENT OF 
                       HEALTH AND HUMAN SERVICES

               Centers for Disease Control and Prevention


                disease control, research, and training

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Disease 
     Control, Research, and Training'' for baseline safety 
     screening for the emergency services personnel and rescue and 
     recovery personnel $12,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                     National Institutes of Health


          national institute of environmental health sciences

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the

[[Page 23239]]

     United Stats, for ``National Institute of Environmental 
     Health Sciences'' for carrying out activities set forth in 
     section 311(a) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980, $10,500,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development


                       community development fund

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Community 
     Development Fund'', $1,825,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38: Provided, That such funds shall be subject 
     to the first through sixth provisos in section 434 of the 
     Departments of Veterans Affairs and Housing and Urban 
     Development, and Independent Agencies Appropriations Act, 
     2002: Provided further, That, of the amount provided in this 
     paragraph, $10,000,000 shall be used for a program to aid the 
     travel and tourism industry in New York City.

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                    training and employment services

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Training 
     and Employment Services'', $32,500,000, to remain available 
     until expended, to be obligated from amounts made available 
     in Public Law 107-38: Provided, That such amount shall be 
     provided to the Consortium for Worker Education, established 
     by the New York City Central Labor Council and the New York 
     City Partnership, for an Emergency Employment Clearinghouse.

                   State Unemployment Security Office


                     workers compensation programs

                     (including transfer of funds)

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Workers 
     Compensation Programs'', $175,000,000, to remain available 
     until expended, to be obligated from amounts made available 
     in Public Law 107-38: Provided, That, of such amount, 
     $125,000,000 shall be for payment to the New York State 
     Workers Compensation Review Board, for the processing of 
     claims related to the terrorist attacks: Provided further, 
     That, of such amount, $25,000,000 shall be for payment to the 
     New York State Uninsured Employers Fund, for reimbursement of 
     claims related to the terrorist attacks: Provided further, 
     That, of such amount, $25,000,000 shall be for payment to the 
     New York State Uninsured Employers Fund, for reimbursement of 
     claims related to the first response emergency services 
     personnel who were injured, were disabled, or died due to the 
     terrorist attacks.


                            Points of Order

  The CHAIRMAN. Are there points of order against the bill?
  Mr. YOUNG of Alaska. Mr. Chairman, I reserve a point of order against 
the language ``to be derived from the Airport and Airway Trust Fund'' 
found on page 183, beginning on line 24 and continuing on line 25, and 
also the language on page 184, lines 7 and 8.
  The CHAIRMAN. Does the gentleman from Alaska make the point of order?
  Mr. YOUNG of Alaska. I reserve the point of order, Mr. Chairman.
  Mr. Chairman, I would like to engage in a colloquy with the chairman 
of the Committee on Appropriations.
  The CHAIRMAN. The Chair first needs to rule on the point of order.
  Does any other Member wish to be heard on the point of order?
  Mr. LIPINSKI. Mr. Chairman, I have two points of order to make 
against the bill.
  The CHAIRMAN. The gentleman from Illinois will suspend. The Chair is 
already considering a point of order.
  Does the gentleman wish to address the point of order raised by the 
gentleman from Alaska on page 183?
  Mr. LIPINSKI. Yes, I do, Mr. Chairman.
  The CHAIRMAN. The gentleman may continue.
  Mr. LIPINSKI. I want to hear what he is going to say, because I am 
prepared to object, or I intend to object to what he wants to do. I 
intend to object to another portion of the bill, also. I am prepared to 
make my two points of order at the present time.
  Mr. YOUNG of Alaska. Mr. Chairman, I think I take precedence over 
this.
  The CHAIRMAN. The point of order is pending on page 183, beginning on 
line 24 and line 25. Does any Member wish to address the point of order 
at that point?
  Mr. LIPINSKI. I am raising a point of order on that point, saying 
that we are legislating on an appropriations bill. I am prepared to 
hear what the gentleman from Alaska (Mr. Young) has to say and the 
gentleman from Florida (Mr. Young) has to say, but I reserve my ability 
to object to this portion of the bill.
  The CHAIRMAN. The gentleman from Alaska (Mr. Young) has made his 
argument on the point. The Chair is prepared to rule on the point of 
order.
  Mr. LIPINSKI. Mr. Chairman, I raise a point of order against the 
language to be derived from the Airport and Airway Trust Fund, and on 
page 183, lines 24 and 25, the language constitutes an unauthorized 
appropriation and is a violation of clause 2(a) of rule XXI.


                         Parliamentary Inquiry

  Mr. YOUNG of Alaska. Parliamentary inquiry, Mr. Chairman.
  The CHAIRMAN. The gentleman from Alaska will state his parliamentary 
inquiry.
  Mr. YOUNG of Alaska. Mr. Chairman, I believe I was recognized first. 
I also believe I have the right to indulge in a colloquy with the 
chairman, if he so desires.
  The CHAIRMAN. Not at this point.
  Mr. YOUNG of Alaska. Not at this point?
  The CHAIRMAN. Not at this point. The gentleman may strike the last 
word after the ruling of the Chair on the point of order.
  The Chair is prepared to rule on the point of order. The gentleman 
from Alaska (Mr. Young) makes a point of order that the language ``to 
be derived from the Airport and Airway Trust Fund and'' on page 183, 
line 24 and 25, constitutes an unauthorized appropriation in violation 
of clause 2(a) of rule XXI.
  The provision would provide that funding for Federal Aviation 
Administration operations ``be derived from the Airport and Airway 
Trust Fund.'' While authorization in law may exist for this funding 
from general revenues, no specific authorization in law exists for this 
funding to be derived from the trust fund. This is consistent with the 
rulings of the Chair of September 23, 1993, and June 26, 2001.
  The Chair finds that the provision is not supported by an 
authorization in law. The point of order is sustained and the provision 
is stricken.
  Mr. YOUNG of Alaska. Mr. Chairman, I move to strike the last word.
  The CHAIRMAN. Are there other points of order?
  Mr. LIPINSKI. I have another point of order, Mr. Chairman.
  The CHAIRMAN. The gentleman will suspend. The Chair will complete its 
statement.
  Are there any other points of order against the provision?


                            Points of Order

  Mr. PETRI. Mr. Chairman, I have a point of order.
  The CHAIRMAN. The gentleman from Wisconsin (Mr. Petri) is recognized.
  Mr. PETRI. Mr. Chairman, I make a point of order against the language 
``to be derived from the Highway Trust Fund and'' found on page 184, 
beginning on line 18 and continuing on line 19, if I may be heard on 
the point of order.
  The CHAIRMAN. The gentleman may proceed.
  Mr. PETRI. This language appropriates $75 million from the Highway 
Trust Fund for the Federal highway emergency relief program to respond 
to the attack on September 11.
  While I support the administration's request for emergency relief 
highway funding to repair and reconstruct eligible highways, roads, and 
bridges that were damaged in these attacks.
  This approach constitutes an unauthorized earmarking of funds. The 
language constitutes an unauthorized appropriation in violation of 
clause 2(a) of rule XXI, and I request a ruling of the Chair.
  The CHAIRMAN. Is there any other Member who wishes to be heard on 
that point of order?
  The Chair is prepared to rule on the point of order by the gentleman 
from Wisconsin (Mr. Petri).
  The gentleman from Wisconsin makes a point of order that the language 
``to be derived from the Highway Trust Fund and'' on page 184, lines 18 
and 19, constitutes an unauthorized appropriation in violation of 
clause 2(a) of rule XXI.

[[Page 23240]]

  The provision would provide that funding for the Federal Highway 
Administration Federal aid highways emergency relief program ``be 
derived from the Highway Trust Fund.''
  While authorization in law may exist for this funding from general 
revenues, no specific authorization in the law exists for this funding 
to be derived from the trust fund. This is consistent with the rulings 
of the Chair on September 23, 1993, and June 26, 2001.
  The Chair finds that the provision is not supported by an 
authorization in law. The point of order is sustained and the provision 
is stricken.
  Mr. LIPINSKI. Mr. Chairman, I have a point of order against the bill.
  Mr. Chairman, I raise a point of order against the language ``to be 
derived from the Airport and Airway Trust Fund'' on page 184, lines 7 
and 8. The language constitutes an unauthorized appropriation. It is in 
violation of clause 2(a) of rule XXI.
  The CHAIRMAN. Is there another Member who wishes to be heard on the 
point of order?
  The Chair is prepared to rule. The gentleman from Illinois (Mr. 
Lipinski) makes a point of order that the language ``to be derived from 
the Airport and Airway Trust Fund and'' on page 184, lines 7 and 8, 
constitutes an unauthorized appropriation in violation of clause 2(a) 
of rule XXI. The provision would provide that ``funding for Federal 
Aviation Administration facilities and equipment be derived from the 
Airport and Airway Trust Fund.''
  While authorization in law may exist for this funding from general 
revenues, no specific authorization in law exists for this funding to 
be derived from the trust fund. This is consistent with the rulings of 
the Chair of September 23, 1993, and June 26, 2001.
  The Chair finds that the provision is not supported by an 
authorization in law. The point of order is sustained and the provision 
is stricken.
  Mr. YOUNG of Alaska. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I would just like to address my colleagues for a 
moment. I talked to the gentleman from Minnesota (Mr. Oberstar) and I 
talked to the gentleman from Florida (Mr. Young), and we were not going 
to insist on the point of order with the aviation money. I will tell 
the Members why, although it is in our jurisdiction of our committee.
  We passed the security bill last week, and I am very proud of it. It 
also needs to be funded. I thought it would be time now to try to put 
this behind us and get this screening system in place, get the 
screeners in place, get the equipment in place, and achieve what we 
sought to do a week ago Friday.
  It has been decided not to do that by Members of the Committee. But I 
do believe the gentleman from Florida (Mr. Young) and I dealt honorably 
together. I thought we had reached an agreement on the aviation part of 
the legislation; we had not on the highway part of the legislation.
  I just urge my colleagues to understand one thing: We have to fund 
this program. It has to be funded. We have to get it done.
  Members heard about Mr. Secretary Mineta saying he doubts he can meet 
the 60-day requirement. He is probably correct. We will do everything 
possible, but he needs the money to do it.
  May I suggest respectfully, the other thing that can happen if he 
does not do it, the faith of the flying public will be eroded. We have 
to act very rapidly to fund this. I believe the chairman of the 
Committee on Appropriations was trying to do that.
  I do think the White House, very frankly, the administration, did not 
communicate that need to our committee. It did not inform us that this 
is very, very important, and frankly, I did not know about this until 
yesterday afternoon. I suggested to them and to the gentleman from 
Florida (Mr. Young) that the communication in the future be more 
evident and more forthwith, so we can reach a mutual agreement, so we 
can solve the problem.
  The points of order have been upheld; I understand that, and I am not 
going to delay it any longer. But the reality is that if we do not 
recognizes the need to fund the screeners, marshals, and all the other 
things that were in that security bill, we are not doing ourselves any 
favor, nor the flying public.
  So I urge Members to consider that. Later on down the road we can and 
we will make sure this is properly funded.
  Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
  Mr. YOUNG of Alaska. I yield to the gentleman from Florida.
  Mr. YOUNG of Florida. I thank the gentleman for yielding.
  Mr. Chairman, I regret that the points of order were raised because 
of the important message that my colleague, the gentleman from Alaska 
(Mr. Young), has mentioned: the importance of funding these important 
programs.
  I want to say that it was a real privilege and pleasure to work with 
him most of today to come to an agreement, and I wanted to say to him 
for the Record that regardless of the fact that points of order were 
raised that were not consistent with that agreement, that I will keep 
the agreement that the gentleman and I reached personally as this bill 
proceeds through the conference.
  Mr. YOUNG of Alaska. I thank the gentleman, because this goes forth 
to the Senate side, or, I should mention, the other body. God knows 
what is going to happen on that side.
  Again, I say to my good friends, we must fund these projects. For 
those who have not gone over to the committee room, anybody on this 
floor listening to this telecast, look at the technology that is 
available, that is being shown there today. But it takes money to build 
those machines. We need those machines.
  The battle last week or 1-1\1/2\ weeks ago was all over 
federalization. The battle should be, can we rise to the occasion 
through technology. I believe we can do that.
  Go over and see what is there right now. The reason we have not used 
it, very frankly, is the FAA has been dragging their feet for the last 
10 or 15 years. Under this bill we have passed, I believe the Secretary 
of Security can demand and issue the permits for the purchase of those 
pieces of equipment, but we need the money to do it.
  I thank the gentleman, the chairman of the Committee on 
Appropriations, and the gentleman from California (Mr. Lewis) for a 
fine defense bill. I think this is a bill to be proud of, regardless of 
what has been said on the floor. We must get past this bill and move it 
forward.
  Mr. OBERSTAR. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I appreciate the difficult position the chairman of our 
committee was in in this process, wanting to accomplish the right thing 
for aviation security, but also constrained by the appropriation 
process.
  Now, striking that provision does not strike the money.

                              {time}  1700

  The money is available. It is just the source of money. Now, when 
this body moved in the immediate aftermath of September 11 to 
appropriate the $40 billion, it was clearly understood $20 billion of 
that was to be set aside for New York and another $20 billion was to be 
used for other purposes. And it was also made clear by the executive 
branch and specifically by the Secretary of Transportation that one of 
the first measures to be instituted in aviation security would be to 
bring sky marshals aboard domestic flights; and that the funding for 
those sky marshals would come out of this $20 billion of the initial 
$40 billion.
  It does not seem reasonable to me to raid the Aviation Trust Fund, to 
do that when there was already commitment to take those dollars out of 
another source. But I understood the difficult position that our 
committee chairman was in. I want to see if there would be a commitment 
from the Committee on Appropriations that these Aviation Trust Fund 
dollars would be restored and in what way and in what time. But our 
ranking member felt very strongly about this matter that we worked on a 
bipartisan basis in the last Congress to fashion and enact Air 21 with 
the firewalls to understand those dollars would not be raided for other 
purposes.

[[Page 23241]]

  We do not know what specifically those dollars are going to go for 
from the Aviation Trust Fund. It would have been good to have an 
elucidation on that. I regret that I was not on the floor at that time. 
I confess I had a meeting with the Federal Highway Administrator 
talking about other matters, and I rushed over as soon as I concluded 
that meeting.
  Mr. Chairman, I yield to the gentleman from Illinois (Mr. Lipinski), 
the distinguished ranking member of the Subcommittee on Aviation.
  Mr. LIPINSKI. Mr. Chairman, I thank the ranking member of the full 
committee for yielding.
  Mr. Chairman, I simply want to say first of all that I was not party 
to any agreement. I was aware of the situation in this bill. I felt it 
was inappropriate and against the rules to take this money out of the 
Highway Trust Fund. I want everyone to know here that any agreements 
they had I was not party to. I also want everyone to know that this was 
my initiative and my initiative alone. I felt very strongly about it.
  If I have ruffled any feathers and upset any agreements over here, 
that is unfortunate; but nevertheless, I felt very strongly about it so 
I moved in that direction.
  Mr. Chairman, I thank the gentleman for yielding to me.
  Mr. OBERSTAR. Mr. Chairman, I think that the important work of the 
aviation security measure that we enacted which is now law can go 
forward. It is unfortunate that some sky marshals, frankly, have not 
been paid. I have been made aware of situations where sky marshals have 
performed their job now for several weeks but have not been paid and 
that is because the $20 billion fund has not been made available for 
this purpose because it was not a specific authorization.
  Now, the bill before us is supposed to have a specific authorization 
to do these things. It was not our understanding that the Aviation 
Trust Fund was to be raided for this purpose. In the Aviation Security 
Act it provided a $2.50 airline ticket surcharge that in the coming 
years is estimated to raise between $800 million and $1,200,000,000 
depending on when that fee is actually put into effect; and in the 
following year, a full year of operation, that fee would raise $2.65 
billion.
  That is enough money to fund these purposes. But we should not raid 
the trust fund which is needed now more than ever before for the runway 
improvements, taxiway improvements and the investment dollars that are 
needed at this most critical time for aviation to get back on its feet.
  I appreciate again the very difficult position the chairman was in. I 
wish that we had been involved at an early stage of this process on 
this side so some of our concerns could have been taken into 
consideration.


                 Amendment No. 3 Offered by Mr. Filner

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

       Amendment No. 3 offered by Mr. Filner:
       In title X (the emergency supplemental provisions), in the 
     item relating to ``DEPARTMENT OF JUSTICE--Immigration and 
     Naturalization Service--Salaries and Expenses'', insert 
     before the period at the end the following:
       Provided, That, of the amount provided under this heading, 
     $20,000,000 shall be for the hiring of additional inspectors 
     for the United States-Mexico border to respond to increased 
     security needs and to maintain the maximum number of border 
     inspection lanes open while providing the maximum amount of 
     security for the United States.

  Mr. LEWIS of California. Mr. Chairman, I reserve a point of order.
  Mr. FILNER. My amendment, Mr. Chairman, refers to the southern border 
of the United States.
  We know the tragedies that had afflicted this country of September 
11, especially on New York City; and arguments have been made on this 
floor very eloquently this afternoon about the need for help for New 
York City. The ripple effect of those attacks affected our whole 
Nation. And similar arguments can be made for other sectors of our 
country, other sectors of our economy. For example, the increased 
security that was called for after September 11 on our borders required 
what we call a level-one alert.
  Level-one alert means that every individual, every vehicle is going 
to be stopped, inspected, trunk opened up, questions asked, information 
entered into a computer, questions asked again. That process of level-
one alert takes time.
  And what has occurred at the southern border is because of the time 
that is required for this increased security, which everybody supports 
and everybody wants, is that the waiting period for legal people to 
cross the border from Mexico into the United States has increased to an 
hour, 2 hours, 4 hours, sometimes 8 hours at a time. That waiting time 
for people to cross the border legally has devastated the economies of 
communities along the border.
  I represent San Diego, California, which has the busiest border 
crossing between any two countries in the world. But what I say today 
refers also to Calexico, California; to Nogales, Arizona; to El Paso, 
Texas; to Brownsville, Texas. The border economies have depended on 
that legal crosser for their business. Anywhere from 50 to 90 percent 
of economic activity has been cut since September 11.
  Now, nobody on the border wants terrorists to cross. Everybody 
supports the level-one security concerns. But what is needed if we are 
going to spend the time on level-one alert is to provide the resources 
to the Customs Service and the Immigration and Naturalization Service 
to carry out these inspections.
  We have 24 crossing gates at the San Ysidro border-crossing in San 
Diego. Sometimes a couple of them are open, sometimes six or 12. Why 
not open them all? Why not open them all 24 hours a day? We could have 
both the level-one security and the quick time that is required to keep 
the flow moving.
  People who want to shop in San Diego or in Calexico or Nogales or in 
Brownsville or in El Paso do not cross the border because it takes too 
long. People cannot cross the border for their jobs. People cannot 
cross the border to go to school. Let us open all the lanes 24 hours a 
day.
  According to my discussions with the INS, the increased number of 
positions to do the level-one security and to keep the flow at a 
reasonable rate would cost about $20 million, $20 million. That seems 
like in the context of the discussions we have had today almost 
minuscule. We have talked about billions here and billions there. All I 
am saying is let us allocate within the budget, Mr. Chairman, allocate 
within that budget $20 million to inspectors to help us deal with the 
border crossings.
  We can have security. We can have the commercial flow that is 
absolutely necessary. Businesses along the border, these are mom and 
pop businesses. These are people who are having trouble keeping the 
mortgage going on their rents, who are having trouble keeping employees 
hired, having trouble meeting the utility payments. It is devastating 
the border communities, in fact, devastating much of the city of San 
Diego. Three billion dollars a year of our economy in San Diego comes 
from the legal shopper from Mexico.
  So let us keep terrorists out. Let us keep security high, but let us 
keep the flow necessary for commercial activity. Let us reallocate 
within the budget, Mr. Chairman, $20 million to make sure that the 
southern border is properly staffed. The bill has $165 million for the 
northern border. Let us put in 20 extra for the southern border. I do 
not think that is too much to ask.
  Mr. ORTIZ. Mr. Chairman, I join my good friend from California and 
thank him for his work with the Border Caucus and his diligence to find 
ways to accommodate the free flow of commerce along the Southwestern 
border.
  It is not new for border members to let the House know when our 
infrastructure does not meet our transportation and trade needs. But at 
this point, it is less the need for more infrastructure--we simply need 
to be able to use what we already have. It does us no good to have 4-5 
lane U.S.-Mexico bridges if we have only enough personnel to operate a 
couple of those lanes.
  This House would be appalled if you could see the staggering lines of 
traffic waiting to

[[Page 23242]]

use a fraction of lanes on a bridge . . . only because we do not have 
the personnel to staff them. Imagine coming across a bridge from 
Virginia using only one lane, while perfectly good lanes go unused. 
That's what we face at our nation's border crossings. The border is in 
a crisis, Mr. Chairman.
  It is the front door to the North American markets--yet right now it 
is the front door to chaos and congestion. As a border representative, 
I understand--more than you can possibly imagine--the recent attitude 
in the Congress that while we are at war, our borders should be harder 
to cross--not easier. That's bunk.
  Open borders and free-flowing commerce are a large part of what this 
country is about. And I might remind my colleagues, respectfully, that 
the terrorists who visited the terror on our nation came across the 
northern border, not the southern. We have addressed that already 
through the PATRIOT Act, and this amendment does not affect those 
inspectors on the northern border. But we failed to focus our attention 
on the border traffic that is best characterized by the extraordinarily 
long waits at our front door. Well, we have to put out a better welcome 
mat than that, my friends. This addresses not only our democratic 
tendencies, but a fundamental principle of our economy as well.
  Mr. Chairman, we are in real trouble on the border. That's hardly a 
new position for us; but the increased security after the 11th has made 
an already bad situation much worse. One of the issues that has 
contributed to the suffering on the border is Congress' insistence that 
border crossers now use biometric laser visas. The deadline to get the 
new visas passed Sept. 30, and many border residents can no longer 
cross to shop, go to school, or get health care.
  Let's forget for a moment that the INS does not have enough equipment 
to scan the biometric components, which is bad enough. But without an 
extension to the now-passed deadline, these people simply won't be 
participants in our economy until well into 2002 when they can get 
replacement cards. The truck traffic passing over our bridges is nearly 
always destined for points far beyond the border. That leaves us with 
nothing.
  I understand the chair's ruling on the amendment and we will not 
press this here, but let the members of the House hear our message: We 
are in trouble on this and we need enough inspectors on the bridges and 
an extension for laser visa compliance to mitigate the damage to the 
border economy.
  Mr. FILNER. Mr. Chairman, I yield back the balance of my time.


                             Point of Order

  Mr. LEWIS of California. Mr. Chairman, as empathetic as I am to the 
gentleman's causes here, I think we have done a very balanced job in 
this overall package. Therefore, I make a point of order against the 
amendment because it provides an appropriation for an unauthorized 
program and, therefore, violates clause 2 of rule XXI.
  Clause 2 of rule XXI states in pertinent part: ``An appropriation may 
not be in order as an amendment for an expenditure not previously 
authorized by law.'' Mr. Chairman, the authorization for this program 
has not been signed into law. The amendment, therefore, violates clause 
2 of rule XXI. I ask for a ruling of the Chair.
  The CHAIRMAN. Does the gentleman from California wish to be heard on 
the point of order?
  Mr. FILNER. Mr. Chairman, yes, I do.
  The CHAIRMAN. The gentleman may proceed.
  Mr. FILNER. Mr. Chairman, the gentleman from California (Mr. Lewis) 
refers to a rule which in the normal course of things is completely 
understandable. The gentleman from California (Mr. Lewis) knows there 
are a hundred items in his bill that do not follow the rule that he 
just stated. He knows that a hundred items not authorized are 
appropriated in this bill.
  The gentleman from California (Mr. Lewis) says he is empathetic with 
my arguments. It is an emergency. It is a disaster. Some of the same 
argument we heard from New York City on a lesser scale and on a lesser 
visibility are occurring on the southern border communities.
  All that we are saying is not asking for money to just reallocate; 
make sure it is reallocated to these deserving communities which are 
dying, and take into account we have a disaster. What I am asking is no 
different than a hundred other folks have asked in your bill. So let 
this one go and help the border communities survive.
  The CHAIRMAN. The Chair is prepared to rule on the point of order.
  The amendment proposes to earmark certain funds in the bill. Under 
clause 2(a) of rule XXI, such an earmarking must be specifically 
authorized by law. The burden of establishing the authorization in law 
rests with the proponent of the amendment.
  Finding that this burden has not been carried, the point of order is 
sustained. The amendment is not in order.


                  Amendment Offered by Mr. La Tourette

  Mr. LaTOURETTE. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. LaTourette:
  Pages 168 through 170, strike section 801 of the bill, and 
redesignate subsequent sections accordingly.

  Mr. LaTOURETTE. Mr. Chairman, this is the first of two amendments 
that we may offer and coauthored by the gentleman from Illinois (Mr. 
Costello), the ranking member of our subcommittee. One has to do in 
section 801, the other one in section 809, is a specific usurpation of 
the jurisdiction of the Committee on Transportation and Infrastructure.
  Specifically, section 801 would authorize the chief administrative 
officer of the House to acquire buildings and facilities for the House 
of Representatives in the event of an emergency situation, and section 
809 would permanently authorize the Architect of the Capitol to 
purchase property for use by the House, the Senate and the Capitol 
police.
  The Committee on Transportation and Infrastructure has a long history 
of reviewing legislation pertaining to the Capitol grounds, to 
authorize the Architect of the Capitol to acquire facilities for the 
Library of Congress, the Library of Congress storage facility, for the 
Senate page school, for the Japanese-American patriotism memorial on 
the Senate side, for the Capitol visitors center, and even for the sale 
of 501 First Street.
  The legislative language in this appropriations bill causes us some 
concern; and with the acquiescence of the distinguished chairman of the 
full committee, I would like to engage in a colloquy, if I may on my 
time.
  Mr. Chairman, as the chairman of the Subcommittee on Economic 
Development, Public Buildings and Emergency Management, I have serious 
concern over the authorization language relating to the lease, purchase 
or the acquisition of buildings and facilities granted to the Chief 
Administrative Officer of the House and the Architect of the Capitol. 
It is my understanding these provisions are intended to relate to items 
arising only from the September 11 attacks and other October biological 
events.
  Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
  Mr. LaTOURETTE. I yield to the gentleman from Florida.
  Mr. YOUNG of Florida. Mr. Chairman, I would say that the language 
that the gentleman refers to is included to allow the House of 
Representatives to continue planning for future contingencies and 
continuity of operations.
  Section 809 of the bill, which the gentleman from Ohio (Mr. 
LaTourette) is also concerned with, is intended to allow the Architect 
of the Capitol to acquire facilities such as a new Capitol Police 
headquarters and command and control center, which they desperately 
need. The language is intended to relate to events of September 11 and 
is not intended to usurp your committee's authority, and we will 
certainly work with the gentleman through this process.
  Mr. LaTOURETTE. Mr. Chairman, reclaiming my time, I thank the 
gentleman from Florida (Mr. Young) very much for his observations.
  It is my intention in a moment to ask unanimous consent to withdraw 
this amendment; but before I do, would the gentleman from Minnesota 
(Mr. Oberstar) like to be yielded to?

                              {time}  1715

  Mr. OBERSTAR. Mr. Chairman, will the gentleman yield?
  Mr. LaTOURETTE. I yield to the gentleman from Minnesota.

[[Page 23243]]


  Mr. OBERSTAR. I share the chairman's great concern, and I appreciate 
that the Committee on Appropriations wants to give this authority in 
the emergency circumstances, but it is authority that is not necessary.
  The chief administrative officer now has authority to sign agreements 
with executive branch agencies, like GSA, that can supply office space 
in time of emergency. And I have great concerns about the language used 
in this provision. Section 801 has terms that are not defined, 
``facilities,'' ``such other arrangements,'' and ``other entities.'' 
Seems to me that broadly worded language of that nature leaves the 
House open to risk, leaves us open to speculative real estate 
transactions without the ordinary scrutiny that would be undertaken by 
the subcommittee which the gentleman from Ohio chairs.
  I just wonder whether the Committee on Appropriations had given 
thought to this: whether in providing such broad language they really 
intended to remove from the committee's appropriate oversight 
responsibility these actions by the chief administrative officer. Is 
the chairman prepared to respond to that concern?
  Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
  Mr. LaTOURETTE. I yield to the gentleman from Florida.
  Mr. YOUNG of Florida. Mr. Chairman, I have to admit that I was 
engaged in a conversation and not listening to the gentleman.
  Mr. OBERSTAR. If the gentleman from Ohio will continue to yield, my 
question simply was, did the Committee on Appropriations understand in 
crafting this language that they were, in some sense, removing from the 
Subcommittee on Economic Development, Public Buildings and Emergency 
Management its responsibility for oversight and for authorization of 
these actions by the chief administrative officer in order to protect 
the House's interest in appropriate real estate transactions; protect 
us against speculative actions?
  Mr. YOUNG of Florida. Mr. Chairman, if the gentleman will continue to 
yield, I would say to the gentleman that these are items that have been 
identified that need to be taken care of. As my colleague, the 
gentleman from Alaska (Mr. Young), mentioned just a few minutes ago 
dealing with airport security and aviation security, they have to be 
done.
  Now, Members do not understand that in the absence of an authorizing 
bill, the appropriators are usually asked to take care of issues that 
have not been authorized, and so that is what we do, and we do that 
very well. We try to do it in cooperation with the authorizing 
committee, and we thought that we had a fairly good understanding not 
only on this but the aviation package as well.
  So we understand the appropriate relationships of the committees, but 
sometimes the authorizing committees do not have a bill, do not have a 
vehicle, are not prepared to deal with a problem, and so the Committee 
on Appropriations is asked to do it.
  The CHAIRMAN. The time of the gentleman from Ohio (Mr. LaTourette) 
has expired.
  (On request of Mr. Oberstar, and by unanimous consent, Mr. LaTourette 
was allowed to proceed for 2 additional minutes.)
  Mr. OBERSTAR. Mr. Chairman, will the gentleman yield?
  Mr. LaTOURETTE. I yield to the gentleman from Minnesota.
  Mr. OBERSTAR. I appreciate what the chairman has just said; however, 
our side was not involved in these discussions, and it is obvious that 
the chairman of the Subcommittee on Economic Development, Public 
Buildings and Emergency Management was not involved. We could well have 
worked with the Committee on Appropriations to craft language that 
would have been acceptable to our committee, and then folded that into 
the appropriation process. That is the concern that we have.
  Mr. LaTOURETTE. Reclaiming my time, Mr. Chairman, I thank the 
gentleman, and I will tell the distinguished ranking member of the full 
committee, the gentleman from Minnesota (Mr. Oberstar), for whom I have 
great respect and have worked closely with for 7 years, that the 
appropriators have indicated to me this is a specific situation to deal 
with the events of September 11.
  I felt it more than appropriate to express the concerns of our 
subcommittee that we not lose the oversight function, which we do very 
well, but I am satisfied and assured by the Chairman's remarks, and I 
thank him for that.
  Mr. Chairman, I ask unanimous consent to withdraw my amendment.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Ohio?
  There was no objection.


                    Amendment Offered by Mr. Inslee

  Mr. INSLEE. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Inslee:
       Page 182, line 21, after the dollar amount, insert the 
     following: ``(increased by $250,000,000)''.
  Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
  Mr. INSLEE. I yield to the gentleman from Florida.
  Mr. YOUNG of Florida. I would like to say to the gentleman, if we can 
expedite this, we are prepared to accept the amendment.
  Mr. INSLEE. Reclaiming my time, Mr. Chairman, I can assure the 
gentleman that it will be as expedited as humanly possible, given those 
good tidings.
  This amendment, offered by the gentleman from Ohio (Mr. Strickland) 
and myself, is an effort to ensure that we fulfill the obligations set 
forth in the airline security bill we passed and the President signed 
just a week ago. It is precipitated by concerns that have been 
expressed by the Secretary of Transportation that we will not meet some 
deadlines that were established in that bill to assure that 100 percent 
of the bags that go into the belly of an airplane are screened.
  Just 1 week after the President of the United States signed this 
bill, assuring Americans that we are going to have 100 percent 
screening of baggage, to say we give up and we are not going to fulfill 
this equipment does not respect the needs of the American public for 
safety in flying. So this amendment we offer would increase the 
appropriation by $250 million so that we can be assured that no excuse 
is allowed; that there was a lack of resources to do the positive bag 
matching that is required by the bill, to do the visual inspection that 
is required by the bill, and to use perhaps dog sniffers, which are 
euphemistically called ``canine explosive detection units'' in our 
bill.
  We want to make sure resources are not an issue. We think we should 
do this on a bipartisan basis.
  Mr. YOUNG of Alaska. Mr. Chairman, I rise in opposition to the 
amendment.
  I am doing this for one reason. My good friend, the gentleman from 
Washington, if I am not mistaken, voted for the Senate bill, and in the 
Senate bill they had no bag screening at all, period.
  I read the paper today, and Mr. Mineta, unfortunately, did say what 
he said, and he is probably correct unless we do fund it; but I also 
see a couple of other Members jump up and holler in anguish, saying 
this is terrible, this is wrong, we are letting the American people 
down, who voted for the Senate bill.
  * * * In reality, the Senate bill had no screening of baggage at all.
  Mr. OBEY. Mr. Speaker, I demand the gentleman's words be taken down.
  The CHAIRMAN. The gentleman will suspend.
  Mr. YOUNG of Alaska. If it is the ``demagogue'' word, Mr. Chairman.
  The CHAIRMAN. The Member will be seated.
  The Clerk will report the appropriate portion of the remarks.
  Mr. YOUNG of Alaska. Mr. Chairman.
  The CHAIRMAN. The gentleman will suspend.

                              {time}  1730

  Mr. YOUNG of Alaska. Mr. Chairman, I ask unanimous consent to 
withdraw any statement that any Member might think I said that was out 
of order, just to speed things along, although I have been informed 
that I was

[[Page 23244]]

not out of order; otherwise I will wait for the ruling of the Chair.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Alaska?
  There was no objection.
  Mr. YOUNG of Alaska. Mr. Chairman, reclaiming my time, I want to get 
back to the point that when we work on legislation, we do the best we 
can within the House of the people. And to have other Members question 
the integrity of the House during a period of debate following the 2 
weeks after we pass the bill, and then to have the Secretary of 
Transportation mention something that might be a reality, and to say 
that the administration is not fulfilling the obligation of the 
Congress is not correct.
  Mr. Chairman, I respectfully request Members, do not use this as a 
political issue as has been used for the past 4 weeks. Let us seek 
good, sound security. Let us fund it and make it correct.
  Mr. ROGERS of Kentucky. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, we are prepared to accept the amendment. However, I 
would like this opportunity to just remind Members that what this 
amendment would do is increase the amounts available from the user fee 
trust fund for the purposes of airport security which we all want.
  However, just a few minutes ago there was stricken from this bill 
monies from the airport trust fund for this very purpose. I am having a 
little bit of difficulty fathoming the duplicity that we are engaged 
here in. There was a point of order, two points of order sustained just 
a few minutes ago that would prevent the Congress spending airport 
trust funds and highway trust funds for the emergency that we are 
dealing with here, the aftermath of September 11.
  Here we are increasing the amount of money coming from a trust fund. 
I am having a little difficulty, pardon my ignorance, in fathoming the 
duplicity that is involved this afternoon. If anyone would care to 
comment on that, I would be happy to yield.
  Mr. INSLEE. Mr. Chairman, will the gentleman yield?
  Mr. ROGERS of Kentucky. I yield to the gentleman from Washington.
  Mr. INSLEE. First, Mr. Chairman, I have not made any points of order 
today in this regard. But more importantly, what this has done is we 
have been looking for a way on a bipartisan basis, and I see no reason 
for ill will on this issue at all, I really think the parties are 
together on this, to assure that we give the administration enough 
resources to do this baggage screening that we all want done, and we 
are all on the same page on that.
  What we found is there is another probable $250 million that will be 
available from the stream of revenue through the ticket surcharges that 
were set forth in the airline security bill. This money will not come 
out of the airport trust funds. This money will be funded 100 percent 
by the surcharge on the tickets.
  Mr. ROGERS of Kentucky. Reclaiming my time, I fully understand that. 
But I am having some difficulty understanding that those earlier who 
objected to the use of trust funds for airport security and struck $466 
million from the bill that was designed for that purpose, and now 
supporting the dipping into a trust fund, the new one, for the purpose 
of airport security.
  Mr. Chairman, we have got to find the money somewhere. I really am at 
a loss to understand why those who objected to the use of the trust 
funds that were earlier stricken did that. We have got to find monies 
to pay these air marshals to safeguard the cockpit, to pay the 
screeners under the new scheme. It is going to cost us $54,000 per 
person, the government. We do not have the money. It was stricken from 
the bill.
  Where is the money? Where is the money?
  The trust funds are sitting there fat. I thought when we passed a tax 
to create a trust fund and charge users of the airports and the 
highways for the use of those facilities, I thought those monies would 
be used for airport security and the other purposes that the trust fund 
is collected for; and yet those were stricken from this bill. I support 
the gentleman's amendment because we have to have the money, but it 
still leaves us several hundred million dollars short.
  Mr. INSLEE. Mr. Chairman, will the gentleman yield?
  Mr. ROGERS of Kentucky. I yield to the gentleman from Washington.
  Mr. INSLEE. Mr. Chairman, first off, we are not a monolithic group on 
our side of the aisle, so I will not address the concern of any other 
Members. Members must understand that this will be funded through a 
stream of revenue that has been set up, and there is a $2.50 charge.
  I want to make sure that Members understand that I think there is a 
bipartisan desire to get this job done. I compliment the gentleman from 
Alaska (Mr. Young), although I disagree with his assertion of my 
demagoguery on his work in increasing the appropriation in the airline 
security bill to have a 100 percent baggage screening requirement. That 
is the right thing to do. We have now a fund for making sure that gets 
done, and I thank the gentleman for accepting this amendment.
  Mr. STRICKLAND. Mr. Chairman, I move to strike the requisite number 
of words.
  Mr. Chairman, after September 11 many Americans were absolutely 
shocked to learn when they got on an airplane, the bags were not 
screened for explosive devices. We have debated that issue in this 
House, and we came to a bipartisan agreement that I think we can all be 
proud of. It was something that we agreed to and voted on. We sent it 
to the President. He signed it into law. It is the law of our land 
today.
  I was stunned, quite frankly, a few hours ago when our Secretary of 
Transportation announced that he could not meet the requirements of 
this law. As I understand the law, it is not an option. It is a 
requirement that within 60 days this government have some procedure in 
place to make sure that every bag is screened for explosives. All 
Members want that. The American people want it.
  All we are trying to do with this rather simple amendment is to 
provide an additional $250 million to the already $1 billion so that if 
the Secretary of Transportation does not have enough employees, he can 
acquire them. If there are not enough drug-sniffing dogs, we can have 
them trained. We can do, in fact, for the American people what we have 
said we will do for the American people. There is no need for acrimony.
  Mr. Chairman, I think we can all agree on this. We can all claim 
victory and say we have done the right thing and we can get the job 
done. With that I urge my colleagues to feel good about this amendment, 
and I congratulate my Republican colleagues for having indicated that 
they will accept it.
  Mr. OBERSTAR. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I do so for the purpose of responding to the chairman's 
question where these funds are going to come from, and the implication 
that the point of order made by the gentleman from Illinois struck the 
money. In fact, the point of order struck the source of the funding. It 
did not strike the $466.5 million in this legislation.
  When the Congress appropriated $40 billion in the immediate aftermath 
of September 11, $20 billion was clearly understood to go to New York 
for its needs and another $20 billion to respond to other needs of the 
economy. And it was made very clear at that time when the Secretary of 
Transportation announced that sky marshals would be assigned to 
domestic flights that the funding for those sky marshals would come out 
of that $20 billion. That is the basis on which we have proceeded.
  That in this interim period of time until the surcharge on airline 
tickets provided for in the aviation security bill is put into effect 
and the money is raised, that the emergency appropriation of $20 
billion in part would cover the cost of the sky marshals.
  Mr. Chairman, does the chairman of the appropriations subcommittee 
have a different understanding?

[[Page 23245]]


  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. OBERSTAR. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, what is happening here is once 
the sections were stricken earlier, no longer will these expenses that 
we are talking about for the sky marshals and the screeners and the 
like be taken from the airport trust fund; it will be taken from the 
general treasury. The American taxpayers are going to be footing the 
bill here rather than the trust fund that was created for the purpose. 
If we are going to have a trust fund for security in the airports, we 
ought to spend those dollars for that purpose.
  Mr. Chairman, does the gentleman believe in truthful budgeting, or 
not?
  Mr. OBERSTAR. Reclaiming my time, the sky marshal program was 
established by President Nixon by executive order issued on September 
11, 1970, with funds appropriated not out of the airport and airways 
trust fund, not out of an aviation account, but out of a separate 
account dedicated to fund the sky marshal program. That program ramped 
up to a few thousand sky marshals, and then gradually dwindled down.
  When the $40 billion was appropriated in the aftermath of September 
11, the Secretary of Transportation made it clear that the funding 
initially of the sky marshal program, the ramping up of the program 
would come out of that $20 billion, and we do not see any reason to 
raid the trust fund in order to do that. The Secretary made a 
commitment, and I think the purpose is very clear. The Committee on 
Appropriations has so many demands on the $20 billion, it does not want 
to exceed its $20 billion, and dipped into the trust fund to do so.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. OBERSTAR. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, then perhaps we need to reduce 
taxes. If we are not going to use the trust fund monies for trust fund 
purposes, perhaps we need to reduce that tax; and perhaps we ought to 
ask the Committee on Ways and Means to address the issue of taxing the 
traveling public and we are not using the money for that purpose.
  Mr. OBERSTAR. Mr. Chairman, I would say to the gentleman, that is why 
we proposed a surcharge. The funds to be taken by this language are 
already spoken for. They are already spoken for in the FAA, and are 
needed for the purposes for which they are intended. The additional 
money to pay for the sky marshals was to have come out of $20 billion. 
That was our understanding.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. OBERSTAR. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, I ask the gentleman, is it not 
true that there are unobligated, unexpended, surplus, noncommitted 
funds in the airport trust fund at this moment?
  Mr. OBERSTAR. Mr. Chairman, there always are at the beginning of a 
fiscal year when the funding has not been designated, but those dollars 
will be committed and are already spoken for.
  The CHAIRMAN. The time of the gentleman from Minnesota (Mr. Oberstar) 
has expired.
  (On request of Mr. Rogers of Kentucky, and by unanimous consent, Mr. 
Oberstar was allowed to proceed for 2 additional minutes.)
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. OBERSTAR. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, there is a balance at the end 
of the year in the airport trust account that is unobligated, unspent 
surplus funds; is that not true?
  Mr. OBERSTAR. Not exactly.
  Mr. ROGERS of Kentucky. If the gentleman would continue to yield, 
yes, it is.
  Mr. OBERSTAR. Mr. Chairman, not exactly. Those dollars are committed 
to acquisition of air traffic control technologies, as the chairman 
well knows. The operations account is to pay for the air traffic 
controllers and for the professional systems repair personnel, and were 
not intended to pay for sky marshals.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. OBERSTAR. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Mr. Chairman, would they also be available 
for such things as bomb detection machines at the airports?
  Mr. OBERSTAR. In the facilities and equipment accounts, yes.
  Mr. ROGERS of Kentucky. Mr. Chairman, if the gentleman would continue 
to yield, I rest my case.
  Mr. OBERSTAR. Mr. Chairman, reclaiming my time, the point is that the 
surcharge is to pay for those acquisitions, and payment of sky marshals 
is to come out of the $20 billion. We should have had this dialogue 
long before this moment, before coming to the floor with this 
legislation.
  Mr. SHAYS. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, the debate on the airport security bill was a 
fascinating debate and one in which I thought the Senate had done a 
good job, and I thought the House had improved on it. I thought the 
House improved on it when they added a provision that said we must 
check baggage that goes into the belly of an aircraft. The House 
version required this to be done by the end of 2003.
  That is really what the gentleman from Washington (Mr. Inslee) and 
the gentleman from Ohio (Mr. Strickland) and I had requested. We were 
saying at least by the end of 2003. To the credit of, frankly, the 
House, they put that amendment in; and then the conference committee 
said by the end of the year 2002.
  It is physically impossible to inspect for explosives in 60 days, and 
there was no intent that we would be able to inspect for explosives in 
60 days.

                              {time}  1745

  If Members of Congress thought they were voting for that, I think 
that would be a hypocritical thing for me or anyone else to do, because 
we know it cannot be done. It is going to be tough to do it by the end 
of 2002.
  But clearly we need more money, and I think that the gentleman from 
Washington (Mr. Inslee) is right in requesting it. I thank the chairman 
for accepting it. But it should have been taken out of the trust fund. 
We should not be talking about expanding airports and doing all the 
other improvements until we make planes safer. I take some real 
exception to the deletion of this. I realize technically they were 
right in doing it, but I think they were, frankly, inaccurate and I 
would say it was a moral mistake. I think that what is in the trust 
fund should go for safety. Our constituents want that and I regret that 
it will now come out of the general fund. But I thank the chairman for 
accepting the amendment. I appreciate the gentleman from Washington 
(Mr. Inslee) and the gentleman from Ohio (Mr. Strickland) offering the 
amendment here and support it. I also want to thank the gentleman from 
Alaska (Mr. Young) for being the one who made sure it was in the bill 
because it was not in the Senate version. The Senate did a good job; 
the House, I thought, improved on it; and I think the conference 
committee did an even better job.
  Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
  Mr. SHAYS. I yield to the gentleman from Kentucky.
  Mr. ROGERS of Kentucky. Does the gentleman understand that as a 
result of the moneys being stricken earlier this afternoon, coming out 
of the trust funds for the purpose of security, buying bomb detection 
machines, sky marshals, screeners and the like, because that money was 
stricken from the bill, this bill earlier today, that $466.5 million, 
adding back the $250 million that we are talking about with the Inslee 
amendment, will not get us back to where we were? We are still going to 
be short several hundred million dollars. And that the airport trust 
fund has funds in it right now that could be used for this purpose.

[[Page 23246]]


  Mr. SHAYS. I am aware of it. I am very distressed by it. I hope it is 
worked out by the leaders and you as to how we deal with this. I think 
it was a clear mistake to take it out of the trust funds. I think in 
the end we endanger the public by doing it.
  Mr. ROGERS of Kentucky. Does the gentleman mean it was a mistake to 
strike it?
  Mr. SHAYS. Yes, it was a mistake to delete from the bill the use of 
the money from the trust funds; we should be using the trust funds for 
what they were intended, and that is for the flying safety of the 
American people.
  Mr. ROGERS of Kentucky. I thank the gentleman for that statement.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Washington (Mr. Inslee).
  The amendment was agreed to.


                   Amendment Offered by Mr. Visclosky

  Mr. VISCLOSKY. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Visclosky:
       In the proposed division B (relating to emergency 
     supplemental appropriations), insert the following new title:

                 TITLE __--STEEL INDUSTRY LEGACY RELIEF


                                findings

       Sec. __1. The Congress finds the following:
       (1) The United States steel industry has been severely 
     harmed by a record surge of steel imports into the United 
     States since 1998.
       (2) This surge in imports has resulted in the loss of more 
     than 26,000 steel worker jobs and is the imminent cause of 25 
     steel company bankruptcies.
       (3) The import surge has also forced the United States 
     steel industry into reduced volume, lower prices, and 
     financial losses.
       (4) On October 22, 2001, the International Trade Commission 
     determined that the domestic steel industry has been severely 
     injured by the import surge.
       (5) The United States steel industry has massive retiree 
     health care liabilities that total $13,000,000,000 and cost 
     the steel industry almost $1,000,000,000 annually.
       (6) These health care liabilities pose a significant 
     barrier to steel industry consolidation and rationalization 
     that could improve the financial condition of the industry 
     and reduce the impact of foreign imports.
       (7) Steel company bankruptcies, job losses, and financial 
     losses are contributing to the Nation's current economic 
     slowdown and are having serious negative effects on the tax 
     base of cities, counties, and States, and on the essential 
     health, education, and municipal services that these 
     government entities provide to their citizens.
       (8) A strong steel industry is necessary to a healthy 
     economy and to the adequate defense preparedness of the 
     United States.


                 trade adjustment assistance for steel

       Sec. __2. (a) In General.--Title II of the Trade Act of 
     1974 (19 U.S.C. 2251 et seq.) is amended by adding at the end 
     the following:

         ``CHAPTER 6--ADJUSTMENT ASSISTANCE FOR STEEL COMPANIES

     ``SEC. 291. DEFINITIONS.

       ``In this chapter:
       ``(1) Qualified annual expenditure.--
       ``(A) In general.--Subject to subparagraph (B), the term 
     `qualified annual expenditure' means, for any calendar year 
     in connection with a qualified steel company, the total of 
     all expenditures made by such company during such calendar 
     year to meet retiree health care liabilities under a covered 
     retiree health plan established or maintained by such 
     company. Such term includes--
       ``(i) any disbursement during such calendar year from a 
     voluntary employees' beneficiary association trust organized 
     by the company under 501(c)(9) of the Internal Revenue Code 
     of 1986 to fund retiree health care liability, and
       ``(ii) any qualified transfer by the company during such 
     calendar year of excess pension assets, described in section 
     420 of such Code, to fund retiree health care liability.
       ``(B) Limitation.--In any case in which an employee benefit 
     plan is a covered retiree health plan as a successor to 
     another covered retiree health plan, in determining so much 
     of the qualified annual expenditure for any calendar year of 
     the qualified steel company as is attributable to such 
     successor plan, the Secretary shall disregard any 
     expenditures made to meet retiree health care liabilities in 
     excess of the present value of the amount of the retiree 
     health care liabilities in existence on the date of the 
     enactment of this chapter under the predecessor plan in 
     effect on such date.
       ``(2) Qualified steel company.--The term `qualified steel 
     company' means any entity that is incorporated under the laws 
     of any State and--
       ``(A) on January 1, 2000, was so incorporated and was 
     engaged in--
       ``(i) the production or manufacture of a product identified 
     by the American Iron and Steel Institute as a basic steel 
     mill product, including ingots, slab and billets, plates, 
     flat-rolled steel, sections and structural products, bars, 
     rail type products, pipe and tube, and wire rod; or
       ``(ii) the mining of iron ore, or
       ``(B) is a successor to an entity described in subparagraph 
     (A).
       ``(3) Retiree health care liability.--The term `retiree 
     health care liability' means, in connection with a qualified 
     steel company, an obligation of such company under an 
     employee benefit plan to pay post-retirement health benefits 
     to participants and beneficiaries or to contribute to such a 
     plan providing such benefits.
       ``(4) Covered retiree health plan.--The term `covered 
     retiree health plan' of a qualified steel company means an 
     employee benefit plan--
       ``(A) established or maintained by such company for its 
     employees, or
       ``(B) established or maintained pursuant to a collective 
     bargaining agreement between one or more employers including 
     such company and one or more employee organizations,

     under which, as of the date of the enactment of this chapter, 
     such company has retiree health care liability. Such term 
     includes a successor employee benefit plan established or 
     maintained as described in subparagraph (A) or (B).
       ``(5) Employee benefit plan and related terms.--The terms 
     `employee benefit plan', `participant', `beneficiary', and 
     `employee organization' have the meanings provided such 
     terms, respectively, under section 3 of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1002).
       ``(6) Secretary.--The term `Secretary' means the Secretary 
     of Labor.

     ``SEC. 292. ESTABLISHMENT OF GRANT PROGRAM.

       ``(a) Authorization.--The Secretary of Labor is authorized 
     to provide grants to any qualified steel company for the 
     purpose of assisting such company in making the qualified 
     annual expenditure for the calendar year for which assistance 
     is requested.
       ``(b) Application.--
       ``(1) In general.--A qualified steel company may, not later 
     than December 1 of the year prior to the calendar year for 
     which assistance is requested, submit to the Secretary an 
     application for a grant under this section.
       ``(2) Contents.--An application for a grant under this 
     section shall contain--
       ``(A) appropriate documentation of the company's qualified 
     annual expenditure for the calendar year for which assistance 
     is requested; and
       ``(B) such other information as the Secretary may require.
       ``(3) Review and approval.--Not later than 30 days after 
     the receipt of an application under paragraph (1), the 
     Secretary--
       ``(A) shall review the application and determine whether or 
     not the application meets the requirements of paragraph (2); 
     and
       ``(B) if the Secretary makes an affirmative determination 
     under subparagraph (A), shall approve the application.
       ``(c) Amount of Grant.--The amount of a grant provided to a 
     qualified steel company under subsection (a) for a calendar 
     year shall be equal to 80 percent of the qualified annual 
     expenditure of the company for the calendar year..
       ``(d) Monthly Payments Under the Grant.--The Secretary 
     shall make assistance payments on a monthly basis to an 
     eligible company that provides in a form satisfactory to the 
     Secretary documentation of so much of a qualified annual 
     expenditure as is attributable to the previous month. Proper 
     adjustments shall be made in amounts subsequently paid to the 
     extent prior payments were in excess of or were less than the 
     proper amount.
       ``(e) Direct Assistance to Participants and 
     Beneficiaries.--In the case of a qualified steel company that 
     ceases operations as of any date on or after January 1, 2000, 
     and that has retiree health care liability with respect to 
     participants and beneficiaries under a covered retiree health 
     plan at the time the company ceases operations, each such 
     participant or beneficiary shall be eligible to receive 
     assistance under this chapter to compensate for the inability 
     of the company to satisfy such liability with respect to such 
     participant or beneficiary. Such assistance shall be equal to 
     the actuarial present value of such liability with respect to 
     such participant or beneficiary as of the date the company 
     ceases operations. The Secretary shall by regulation provide 
     for the administration of such assistance, except that, to 
     the extent that funds available under this chapter for 
     providing assistance pursuant to this subsection are 
     insufficient to provide for such assistance in full to all 
     eligible participants and beneficiaries, the Secretary shall 
     allocate such funds on a pro rata basis.

     ``SEC. 293. RECORDS.

       ``(a) In General.--Each recipient of assistance under this 
     chapter shall keep records which fully disclose the amount 
     and disposition by such recipient of the assistance received 
     which will facilitate an effective audit. The recipient shall 
     also keep other records as the Secretary may prescribe.
       ``(b) Access.--The Secretary and the Comptroller General of 
     the United States shall have access for the purposes of audit

[[Page 23247]]

     and examination to any books, documents, papers, and records 
     of the recipient pertaining to assistance received under this 
     chapter.

     ``SEC. 294. PENALTIES.

       ``Whoever makes a false statement of a material fact 
     knowing it to be false, or knowingly fails to disclose a 
     material fact, or whoever willfully overvalues any 
     obligation, for the purpose of obtaining money, property, or 
     anything of value under this chapter, shall be fined not more 
     than $5,000 or imprisoned for not more than 2 years, or both.

     ``SEC. 295. CIVIL ACTIONS.

       ``In providing financial assistance under this chapter the 
     Secretary may sue and be sued in any court of record of a 
     State having general jurisdiction or in any United States 
     district court, and such jurisdiction is conferred upon such 
     district court to determine such controversies without regard 
     to the amount in controversy, but no attachment, injunction, 
     garnishment, or other similar process, mesne or final, shall 
     be issued against the Secretary or Secretary's property. 
     Nothing in this section shall be construed to except the 
     activities pursuant to this chapter from the application of 
     sections 516, 547, and 2679 of title 28 of the United States 
     Code.

     ``SEC. 296. REGULATIONS.

       ``The Secretary shall prescribe such regulations as may be 
     necessary to carry out the provisions of this chapter.

     ``SEC. 297. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to the Secretary 
     to carry out this chapter $2,400,000,000 for the fiscal year 
     2002, of which--
       ``(1) $800,000,000 is authorized to be expended in calendar 
     year 2002;
       ``(2) $800,000,000 is authorized to be expended in calendar 
     year 2003; and
       ``(3) $800,000,000 is authorized to be expended in calendar 
     year 2004.''.
       (b) Conforming Amendment.--The table of contents for title 
     II of the Trade Act of 1974 is amended by inserting after the 
     items relating to chapter 5 the following:

         ``Chapter 6--Adjustment Assistance for Steel Companies

``Sec. 291. Definitions.
``Sec. 292. Establishment of grant program.
``Sec. 293. Records.
``Sec. 294. Penalties.
``Sec. 295. Civil actions.
``Sec. 296. Regulations.
``Sec. 297. Authorization of appropriations.''.

                             Appropriation

       Sec. __3. The following sums are appropriated out of any 
     money in the Treasury not otherwise appopriated, for the 
     Department of Labor, for the period comprising fiscal years 
     2002, 2003, 2004, and 2005, for purposes of carrying out the 
     preceding provisions of this title (including the amendments 
     made thereby), including the provision of adjustment 
     assistance to qualified steel companies to meet qualified 
     annual expenditures, the following: $2,400,000,000, of which 
     $800,000,000 is available for obligation solely for calendar 
     year 2002; of which $800,000,000 is available for obligation 
     solely for calendar year 2003; and of which $800,000,000 is 
     available for obligation solely for calendar year 2004: 
     Provided, That of the amount made available for calendar year 
     2002, $5,000,000 shall be available for necessary expenses to 
     administer this Act, to remain available for calendar years 
     2003 and 2004 until expended: Provided further, That the 
     amounts appropriated under this section are 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 amounts 
     shall be available only to the extent that an official budget 
     request, that includes designation of the entire amount of 
     the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, is 
     transmitted by the President to the Congress.

  Mr. VISCLOSKY (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Indiana?
  There was no objection.
  Mr. ROGERS of Kentucky. Mr. Chairman, I reserve a point of order on 
the amendment.
  The CHAIRMAN. The gentleman from Kentucky reserves a point of order.
  Mr. ROGERS of Kentucky. Mr. Chairman, I ask unanimous consent that 
debate on this amendment and any amendments thereto be limited to 30 
minutes, to be equally divided and controlled by the proponent and 
myself, the opponent.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Kentucky?
  Mr. VISCLOSKY. Mr. Chairman, reserving the right to object, I have no 
objection, but our preference is to have the gentleman from 
Pennsylvania (Mr. Murtha), the ranking Democrat on the Subcommittee on 
Defense and former chairman of the Steel Caucus, control time on our 
side of the aisle on behalf of the amendment.
  Mr. Chairman, I withdraw my reservation of objection.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Kentucky?
  Without objection, the gentleman from Pennsylvania (Mr. Murtha) and 
the gentleman from Kentucky (Mr. Rogers) each will control 15 minutes.
  There was no objection.
  Mr. MURTHA. Mr. Chairman, I yield 5 minutes to the gentleman from 
Indiana (Mr. Visclosky).
  Mr. VISCLOSKY. I thank the gentleman from Pennsylvania (Mr. Murtha) 
for controlling time on this amendment.
  Mr. Chairman, the amendment that I have before the House is the same 
amendment I offered in full committee 2 weeks ago and, that is, to 
provide $800 million a year for 3 years to provide assistance on the 
so-called legacy costs to the domestic steel industry to assist the 
industry in solving their problems as far as pension costs and health 
care for retirees, to allow the industry to save itself, to consolidate 
and to continue to melt steel in the United States of America.
  Why am I and others offering this amendment today to this bill? 
Because it is a matter of utmost national defense. On August 26 of this 
year, President George Bush said, ``If you're worried about the 
security of the country and you become overreliant upon foreign sources 
of steel, it can easily affect the capacity of our military to be well 
supplied. Steel is an important jobs issue. It is also an important 
national security issue.''
  But why should we today ask the American taxpayer to help a specific 
industry in this country? It is because they have been injured through 
no fault of their own by foreign interests. On June 22 of this year, 
Trade Ambassador Zoellick on behalf of President Bush initiated a 
section 201 investigation by the International Trade Commission into 
allegations that serious injury has occurred to the domestic steel 
industry because of illegally traded steel over the last some years. I 
would point out to my colleagues that this is the first presidentially 
initiated 201 investigation in the last 16 years.
  On October 22, a little over a month ago, the ITC, comprised of 3 
Republicans and 3 Democrats, found that serious injury had occurred to 
this industry. At this point in time, I would also point out that this 
is an industry that has done everything possible to save itself. Under 
the voluntary restraint agreements of the 1980s, the industry has 
invested $60 billion in itself. Its productivity has increased 156 
percent since 1980. And no one on the planet Earth makes steel more 
efficiently than our domestic industry. It now takes only 3.5 man-hours 
per ton to produce a ton of steel compared to 10 man-hours per ton two 
decades ago.
  As far as the technology involved with the industry, it is on the 
cutting edge. Almost 50 percent of the steel purchased by automakers 
today was not even produced 7 or 8 years ago, given the changes. But I 
would point out to my colleagues, this is not only an economic issue 
but it is a human tragedy in the making. These improvements have 
occurred over the last two decades because 300,000 American citizens 
gave their economic life. And now we find that injury continues to 
occur because of illegal trade practices.
  The Trade Ambassador has suggested before any final implementation of 
relief under an ITC recommendation, the industry must consolidate. The 
industry needs this relief on liability in order to proceed.
  Why today? Because the industry cannot wait until next year. The ITC 
recommendation is not due until December 19, and the President's final 
action does not have to occur until February 16. But what has happened 
over the last 36 days since I last appeared before the Committee on 
Rules in an attempt to offer this amendment to the economic stimulus 
package? At that time and on that day, on October 23, I indicated to my 
colleagues in the Committee on Rules that we were losing a

[[Page 23248]]

steel company at the rate of one every 3 weeks. That was October 23. 
Today I stand before you and tell you we are losing steel and mining 
companies at the rate of one every 7 days.
  Since October 23, USA Metals in Texas declared bankruptcy. Since 
October 23, Acme Steel in Illinois ceased all operations and are trying 
to sell themselves for $1. Since October 23, Geneva Steel in the State 
of Utah has ceased operations. Since that same date, LTV Corporation 
filed to protect its assets. And last week in the State of Michigan, 
Empire Mine idled all of its facilities indefinitely.
  I would conclude my remarks on my amendment by reminding my 
colleagues, we are talking about American citizens who are losing their 
jobs, families who are losing their income, and I would ask for their 
consideration.
  Mr. MURTHA. Mr. Chairman, I yield 2 minutes to the gentleman from 
Minnesota (Mr. Oberstar).
  Mr. OBERSTAR. I thank the gentleman for yielding me this time.
  Mr. Chairman, the gentleman from Indiana has made a very powerful and 
compelling case. Steel is the basic building block of an industrial 
society. In 1947, author John Gunther wrote that what makes America the 
greatest industrialized Nation in the world is its ability to roll more 
steel than the Soviet Union, Germany, France, Belgium and Great Britain 
combined.
  That statement is no longer true. We are bombarded by unfairly traded 
steel, subsidized in foreign countries, to preserve a basic building 
block of their economy and to dump their excess capacity in the world's 
largest open free market, the United States. While we have played in 
the international trade arena by the Marquis of Queensbury rules, other 
countries are playing with black belt karate and kicking our brains 
out. Brazil, 27 different tax subsidies for the production and export 
of steel. Russia, Ukraine, producing steel at a loss in order to keep 
people working, and dumping their steel in this market and causing 
unemployment here.
  The gentleman spoke well and truly about the legacy costs of the 
domestic steel industry. His amendment is one way, but the best way to 
avoid those legacy costs is for the administration to conclude the 201 
proceeding now underway; impose countervailing duties or tariffs or 
quotas, and stop the influx of subsidized steel; let the U.S. steel 
industry continue to work, to hire people, to keep them on the job, to 
keep those payrolls going. And we will not have to draw down the 
Pension Benefit Guaranty Corporation funding to support the retirement 
funds that are in jeopardy. We will not have to pay unemployment 
compensation to pay people not to work. We ought to do either what the 
gentleman from Indiana is suggesting or impose the penalty phase of the 
injury process underway now in the International Trade Commission.
  Mr. MURTHA. Mr. Chairman, I yield 2 minutes to the gentleman from 
Ohio (Mr. Strickland).
  Mr. STRICKLAND. Mr. Chairman, I rise today as the son of a 
steelworker in support of the gentleman from Indiana's amendment. I 
want to commend the gentleman for his tireless efforts within the Steel 
Caucus to ensure that the Federal Government is utilizing every means 
possible to protect our domestic steel industry and those Americans it 
employs.
  The goal of the steel industry legacy relief program will not only 
provide assistance to the steel producers in meeting retiree health 
care costs, but it also gives comfort to the nearly 2 million Americans 
who currently receive pensions and health care from current and former 
steel companies. This assistance is especially important for those who 
are eligible for retiree health insurance at the time a steel company 
ceases its operations.
  It is no secret that our domestic steel industry is in jeopardy. This 
is an industry we rely on for our transportation, electric, oil and, 
most importantly, our national security needs. The domestic steel 
industry has been devastated by a flood of imported foreign steel, 
resulting in plunging steel prices and the closing of multiple steel 
producing companies. For example, LTV in Cleveland, like other steel 
companies, is now on the brink of shutting down, leaving thousands to 
be unemployed.
  It is imperative that we make meaningful and effective reforms that 
will ensure the long-term viability of this vital industry. The steel 
industry legacy relief program is just one way to assist American 
steelworkers who are negatively affected by widespread plant closings 
and bankruptcies.
  I want to thank the gentleman from Indiana. He is a soldier in this 
fight to protect this vital industry. I urge my colleagues to support 
his amendment.
  Mr. ROGERS of Kentucky. Mr. Chairman, I yield 2 minutes to the 
gentleman from Ohio (Mr. Brown).

                              {time}  1758

  Mr. BROWN of Ohio. Mr. Chairman, I thank the gentleman for yielding 
me time.
  Mr. Chairman, I am proud to join the gentleman from Indiana (Mr. 
Visclosky) in support of this amendment. As thousands of American 
steelworkers have sadly discovered, the U.S. has become the world's 
steel dumping ground. During the 1998 steel crisis, steel imports into 
the United States exceeded steel exports by 36 million tons. The trade 
deficit in steel was $11.7 billion, accounting for about 7 percent of 
our continually growing overall trade imbalance. The vast majority of 
these imports were subsidized by foreign governments and dumped at 
below-market prices in the United States.
  Congress must respond. One immediate step we must take is protect the 
retirement benefits that these workers have earned. To encourage needed 
reorganization and consolidation of the domestic steel industry, a 
Steel Industry Legacy Relief Program should be created to provide 
assistance to steel producers in meeting retiree health care costs. 
This amendment establishes such a program, offering assistance equal to 
80 percent of the total expenditures made to meet steel retiree health 
care liabilities.
  Our country's history of flawed trade agreements has propelled the 
steel industry towards the crisis it faces today. It only makes sense 
that current and future retirees, surviving spouses, and dependents who 
are eligible for retiree health insurance which they earned at the time 
a company ceases operation be eligible to receive assistance.
  We must protect the 700,000 hard-working families who rely on this 
industry for their salaries, pensions and health benefits, and for 
those communities in which they live. I urge all of my colleagues to 
support America's steelworkers and those communities in which these 
steelworkers live.
  Mr. MURTHA. Mr. Chairman, I yield 2 minutes to the gentleman from 
Ohio (Mr. Kucinich).
  Mr. KUCINICH. Mr. Chairman, the legacy cost issue that has been 
raised by the gentleman from Indiana (Mr. Visclosky) is one of the 
important elements in addressing the financial stability of America's 
steel industry.
  Mr. Chairman, at this very time, 3,200 steelworkers in Cleveland are 
wondering whether or not they are going to have jobs tomorrow; and yet, 
despite the fact that the union and the creditors have worked together 
to make concessions, the management of LTV wants to liquidate the 
company. We are anticipating that new management will come in, and new 
management will need something done about legacy costs, as will 
management of steel companies throughout this country.
  It is urgent that we address the issue that is raised by this 
amendment. Because of the accumulation by steel companies of massive 
legacy costs, the cost of pension and health benefits for thousands of 
employees who went into retirement has to be assured.
  The Visclosky amendment, supported by both the steel industry and the 
steelworkers, provides a solution. Much like title II of H.R. 808, the 
amendment would create a fund to address legacy costs. Steel companies 
would be able to draw on the fund to aid with the payment of health and 
pension benefits.
  One might ask, what does this have to do with defense? That has been

[[Page 23249]]

raised. The existence of a healthy steel industry is crucial to our 
national security. It is inexplicable that at the time when we are in a 
national emergency, at a time when our men and women are traveling 
overseas to defend the interests of this country, that we should 
simultaneously be here begging for the survival of the American steel 
industry, which has defended this country through matters, thick and 
thin, over the last century.
  It is essential that Congress begin to take action to save this steel 
industry and to save the jobs. Right now there are thousands of 
American families, tens of thousands, who are watching this Congress, 
wondering if we are going to hear their pleas. We bailed out the 
airline industry. The insurance industry is going to be walking down 
this aisle in the next few hours. And yet what about American steel? 
What about protecting our national security? What about legacy costs?
  Mr. MURTHA. Mr. Chairman, I yield myself 2 minutes.
  Mr. Chairman, one of the points that I want to make, and I am not in 
the habit of speaking when I know a point of order is going to be made 
against legislation, but here is what we face: for instance, Bethlehem 
Steel has 18 retirees for every person working. Bethlehem's pension 
cost is going to be at least $2 billion over a period of time if they 
go chapter 7.
  Now, who picks that up? The PBGC picks it up. We set up the PBGC in 
order to protect what we thought would be garment factories going out 
of work. We only pay 80 percent of the pension costs. We pay none of 
the health care costs.
  Right now all of those retirees are being paid by Bethlehem Steel. We 
have the same problem with LTV and all these other companies that have 
retirees that do not have full funding for the pension guarantee in 
their fund. So we are going to have to face this.
  We did it for the coal miners, for the health care costs for the coal 
miners, and we are going to have to look at some way to take care of 
these pensioners. All of us have retired steelworkers. We have them 
from Pennsylvania that move to Florida, we have them in California, we 
have them all over the country. If we do not, we are going to have 
thousands of steelworkers getting 80 percent of their pension and 
losing their health care costs completely.
  So I hope that when we go to conference we will look at the 
possibility of finding a way to fund some of these corporations out of 
the tariffs. Now, if the administration finds a way to charge tariffs 
and then we can take the money out of the tariffs, it would cost the 
government a lot less than it would if we go to PBGC. So I would ask 
all the Members of the committee to think about the disastrous process 
we are going to have to go through if we lose these steel companies, 
besides the fact of national security.
  Mr. Chairman, I yield 2 minutes to the gentlewoman from Ohio (Mrs. 
Jones).
  Mrs. JONES of Ohio. Mr. Chairman, I would like to thank the gentleman 
for yielding me time.
  I am pleased to rise in support of this amendment. In the city of 
Cleveland, I am sure you have heard from my colleague that we are in 
the midst of the closing of LTV Steel. That will impact some 3,200 
workers at LTV, but also, in addition, the retirees and others who are 
supported by the steel industry.
  I rise in support of this Legacy Relief Program because the retiree 
costs in the industry are surely the highest costs that are paid by the 
industry. In the case of a steel company that ceases operation on or 
after January 1, 2000, current and future retirees, surviving spouses 
and dependents who are eligible for retiree health insurance at the 
time the company ceases operation shall be eligible to receive 
assistance.
  That is what our steel companies need. The percentage of the cost of 
retiree health care costs far exceeds the other costs of a steel 
company remaining in place.
  I want to thank my colleague, the gentleman from Indiana (Mr. 
Visclosky), for offering this amendment. I want to thank my other 
colleagues in the Steel Caucus who have stood up on behalf of 
steelworkers across this country.
  As we have talked over the past weeks of being in an economic crisis 
as a result of September 11, the steel industry is in an economic 
crisis, not just because of September 11, but because of the failure of 
our Nation to come up with a program that adequately addresses the 
steel industry.
  It is the long-term impact that has caused the steel industry to be 
in the dilemma it currently is in, and it is therefore incumbent upon 
us as Members of Congress to step up to the plate and say to the steel 
industry, we want to save you; we are going to do two, three or four 
things to help you get on the right track.
  This bill is one of the things that we can do to get the steel 
industry on the right track, and, in addition, to support those workers 
who built the World Trade Center, those workers who built all of the 
buildings that cross this country.


                             Point of Order

  Mr. ROGERS of Kentucky. Mr. Chairman, I make a point of order against 
the amendment because it proposes to change existing law and 
constitutes legislation in an appropriations bill, therefore violating 
clause 2 of rule XXI.
  The rule states in pertinent part: ``An amendment to a general 
appropriation bill shall not be in order if changing existing law.''
  The amendment directly amends existing law, and I ask for a ruling of 
the Chair.
  The CHAIRMAN. Does the gentleman from Indiana (Mr. Visclosky) wish to 
be heard on the point of order?
  Mr. VISCLOSKY. Mr. Chairman, I would ask to be recognized.
  Mr. Chairman, I will not concede the issue of relief being necessary 
for the domestic steel industry. I would concede that the amendment 
that was offered here today is violative of the rule we are operating 
under. I would simply want to withdraw that amendment.
  Before I do that, I want to sincerely thank the chairman of the full 
committee, the gentleman from Florida (Mr. Young); I want to thank my 
chairman on the Subcommittee on Defense, the gentleman from California 
(Mr. Lewis); as well as the gentleman from Kentucky (Mr. Rogers), who 
managed the time, for the courtesy in allowing us to keep this very 
important issue before this institution and the American people.
  Mr. Chairman, I ask unanimous consent to withdraw my amendment.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Indiana?
  There was no objection.


                   Amendment Offered by Mr. Manzullo

  Mr. MANZULLO. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. Could the gentleman from Illinois specify which 
amendment?
  Mr. MANZULLO. Mr. Chairman, this is the amendment that deals with the 
7(a) program, the 504 program.
  The CHAIRMAN. Section 201 or 202?
  Mr. MANZULLO. It would be on page 148, line 7, if that helps.
  The CHAIRMAN. The Clerk will report the amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Manzullo:
       Page 148, beginning on line 9, strike section 201.

  Mr. MANZULLO (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Illinois?
  There was no objection.
  Mr. YOUNG of Florida. Mr. Chairman, I reserve a point of order 
against the amendment.
  The CHAIRMAN. The point of order is reserved.
  The gentleman from Illinois (Mr. Manzullo) is recognized for 5 
minutes.
  Mr. MANZULLO. Mr. Chairman, this amendment, which I offer along with 
the gentlewoman from New York (Ms. Velazquez), the ranking minority 
member on the Committee on Small Business, will allow the $140 million 
appropriated in this emergency supplemental to also go toward the 7(a) 
and 504 loan programs of the Small Business Administration if not all 
the funds

[[Page 23250]]

have been used for disaster relief. The initial appropriation of $100 
million last September and this additional funding of $140 million is 
designated to support $1 billion in disaster relief. As of November 19, 
the SBA approved nearly $142 million in total disaster relief.
  The CHAIRMAN. The gentleman from Illinois will suspend.
  The amendment the Clerk read was an amendment striking section 201. 
Is that the amendment the gentleman wishes to offer?
  Mr. MANZULLO. I am not addressing that. There are three amendments.
  The CHAIRMAN. The amendment that the gentleman is addressing is not 
yet at the desk.
  Mr. MANZULLO. I would withdraw my remarks, and ask unanimous consent 
that the amendments that we have striking sections 201 and 202 be 
considered en bloc, and then we could return later to the first one 
which I was addressing.
  The CHAIRMAN. Without objection, the amendment reported by the Clerk 
is withdrawn, and the amendments striking sections 201 and 202 will be 
considered en bloc.
  There was no objection.


                   Amendments Offered by Mr. Manzullo

  Mr. MANZULLO. Mr. Chairman, I offer amendments en bloc.
  The Clerk read as follows:

       Amendments offered by Mr. Manzullo:
         Page 148, beginning on line 9, strike section 201.
         Page 148, beginning on line 23, strike section 202.

  Mr. MANZULLO. Mr. Chairman, this amendment strikes sections 202 and 
section 201 and section 202. Section 202 violates House rule XXI by 
authorizing in an appropriations bill, and it is the same argument with 
section 201. I would ask for the support of the Committee on 
Appropriations on this.
  Mr. YOUNG of Florida. Mr. Chairman, will the gentleman yield?
  Mr. MANZULLO. I yield to the gentleman from Florida.
  Mr. YOUNG of Florida. Mr. Chairman, if the gentleman is prepared to 
complete his debate on this, we are prepared to accept his amendment.
  Mr. MANZULLO. Mr. Chairman, I am finished.
  The CHAIRMAN. The question is on the amendments offered by the 
gentleman from Illinois (Mr. Manzullo).
  The amendments were agreed to.


                   Amendment Offered by Mr. Manzullo

  Mr. MANZULLO. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Manzullo:
       Page 148, line 7, after the period insert ``Notwithstanding 
     any other provision of this Act or any other law, funds made 
     available to the Small Business Administration from amounts 
     available in Public Law 107-38 may be obligated for emergency 
     expenses and business loan assistance related to the 
     September 11, 2001, terrorist attacks on the United States 
     and related economic conditions under subsections (a) and (b) 
     of section 7 of the Small Business Act (15 U.S.C. 636) and 
     title III and sections 503 and 504 of the Small Business 
     Investment Act of 1958 (15 U.S.C. 661 et seq.).''.

  Mr. MANZULLO (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Illinois?
  There was no objection.
  Mr. YOUNG of Florida. Mr. Chairman, I reserve a point of order on 
this amendment.
  The CHAIRMAN. The point of order is reserved.
  The gentleman from Illinois (Mr. Manzullo) is recognized for 5 
minutes.
  Mr. MANZULLO. Mr. Chairman, this amendment, which I offer along with 
the ranking minority member, the gentlewoman from New York (Ms. 
Velazquez), will allow the $140 million appropriated in this emergency 
supplemental to also go towards the 7(a) and 504 loan program of the 
Small Business Administration if not all the funds have been used for 
disaster relief.
  The initial appropriation of $100 million last September and this 
additional funding of $140 million is designed to support $1 billion in 
disaster relief. As of November 19, the SBA approved nearly $142 
million in total disaster relief, with only $24 million being actually 
disbursed. It is quite conceivable that the SBA may not use the entire 
allotment provided in this appropriations.
  My amendment simply gives the SBA administrator the flexibility to 
use all these funds to provide additional relief to small business 
borrowers who use the main lending programs of the SBA, the 7(a) 
General Business Loan program and the 504 Certified Development Company 
program. The $240 million set aside for the SBA in P.L. 107-38 and H.R. 
3338 should be used to help as many small businesses as possible.
  I urge my colleagues to support this amendment.
  Mr. OBEY. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I just rise to ask the gentleman a question. As I 
understand it, the gentleman just moved to strike in the previous 
amendment because it was legislating on an appropriations bill.
  Mr. MANZULLO. Mr. Chairman, will the gentleman yield?
  Mr. OBEY. I yield to the gentleman from Illinois.
  Mr. MANZULLO. Mr. Chairman, that is correct.
  Mr. OBEY. Now, reclaiming my time, is it correct that the gentleman 
is proposing an amendment that legislates on an appropriations bill?
  Mr. MANZULLO. Mr. Chairman, if the gentleman will yield further, it 
is questionable as to whether it does or not. I am sure the Committee 
on Appropriations will state that it does; and I will state that it 
does not for the record, and I will probably lose. That is correct.
  Mr. OBEY. Well, all I can say is it certainly appears to me to do so, 
and I find that lack of consistency very interesting.
  Mr. DAVIS of Illinois. Mr. Chairman, I rise in support of the 
Manzullo and Velazquez amendment. The purpose of this amendment is to 
allow $140 million appropriated in this emergency supplemental to also 
go towards the 7(a) Loan Guaranty Program and the 504 Certified 
Development Company Loan Programs of the Small business Administration 
providing that not all the funds have been used for disaster relief. 
This amendment will give the Small Business Administration flexibility 
to use all appropriate funding to provide additional relief to small 
business borrowers who use main lending programs of the Small Business 
Administration.
  After 10 years of solid economic growth, America has entered an 
economic downturn. For the first time in a decade the economic 
indicators--benchmarks showing where we are and where we are going--all 
point down. Job losses in technology and manufacturing have risen 
dramatically and corporate bankruptcies were nearly double what they 
were last year. Consumer confidence hit its lowest point in over a 
decade. Even though, the U.S. stock market saw a significant gain in 
the last 10 years. However, the bottom has virtually fallen out as a 
result of the events of September 11. Now every industry is taking a 
huge hit as profits and employment figures head into a free fall.
  Part of the solution to this problem is for Congress and the 
President to implement a sound and fair fiscal policy that will provide 
an economic stimulus for the general public and small businesses. Since 
small businesses account for 99.7 percent of America's employers, it 
can play a vital role in bringing America out of this economic 
downturn.
  To help American small business survive this economic downturn, the 
Small Business Administration must engage all available resources in 
facilitating entrepreneurship development, providing low- or no-
interest loans, and more technical assistance programs to small 
businesses. The most important contribution Congress can make is to 
fund all SBA programs at their authorized levels.
  I urge all my colleagues to support the Manzullo and Velazquez 
amendment.

                              {time}  1815


                             Point of Order

  Mr. YOUNG of Florida. Mr. Chairman, I make a point of order.
  The CHAIRMAN. The gentleman will state his point of order.
  Mr. YOUNG of Florida. Mr. Chairman, I make a point of order against 
the amendment because it proposes to change existing law and 
constitutes legislation in an appropriations bill and, therefore, 
violates clause 2 of rule XXI.
  The rule states, in pertinent part, ``An amendment to a general 
appropriations bill shall not be in order if

[[Page 23251]]

changing existing law.'' This amendment changes existing law. I ask for 
a ruling on the point of order.
  The CHAIRMAN. Does the gentleman from Illinois (Mr. Manzullo) wish to 
be heard on the point of order?
  Mr. MANZULLO. Yes, I wish to be heard on the point of order.
  This amendment simply gives the flexibility to the SBA administrator 
to use leftover funds already appropriated to also go towards a 7(a) 
and 504 loan program. There is sufficient authorization already in 
place to cover the expected increase in demand as those turned down for 
disaster look to other sources for assistance. This amendment does not 
require that this funding go towards 7(a) in a 504 loan program, it 
simply provides discretion to the SBA administrator. On line 3 and 4 
the amendment clearly states that funds made available to the Small 
Business Administration from amounts available in P.L. 107-38 may be 
obligated for emergency expenses and business loan assistance for the 
purpose of disaster loan programs and also the 7(a) and the 504 
programs.
  We would argue that this is not an open-ended commitment; this is a 
one-time emergency response to a credit crisis facing small businesses 
across the Nation.
  Earlier this month the Federal Reserve released reports which stated 
that banks are imposing tougher standards on business loans over the 
last 3 months because of the slowing economy. We need fee relief in the 
7(a) and 504 loan programs in order to get our economy back on track. 
So this does not spend any extra money, it simply works within the 
parameters of the discretion of the SBA administrator and, therefore, I 
do not believe that we are legislating on an appropriations bill.
  The CHAIRMAN. The Chair is prepared to rule on the point of order.
  The Chair finds that this amendment explicitly supersedes existing 
law. The amendment, therefore, constitutes legislation in violation of 
clause 2 of rule XXI. The point of order is sustained, and the 
amendment is not in order.


                    Amendment Offered by Mr. Sanders

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

       Amendment offered by Mr. Sanders:
       Page 165, line 24, after the dollar amount, insert the 
     following: ``(reduced by $100,000,000) (increased by 
     $100,000,000)''.

  Mr. SANDERS. Mr. Chairman, this amendment is cosponsored by the 
gentleman from Illinois (Mr. Davis), the gentleman from New York (Mr. 
Hinchey), the gentleman from Massachusetts (Mr. Tierney), and the 
gentlewoman from Wisconsin (Ms. Baldwin).
  Mr. Chairman, today we are talking about bioterrorism and how to 
protect the American people against this nightmare, and that is an 
appropriate subject of discussion and something that the American 
people want us to address. But we must be frank and say that if, God 
forbid, this country was ever subjected to a major terrorist attack in 
terms of biological, chemical, or nuclear weapons, we must admit that 
we currently do not have the public health infrastructure to deal with 
such a crisis. This bill contains many important provisions to fill 
that gap, and I support those provisions, but it still leaves a very 
large hole.
  Mr. Chairman, 44 million Americans have no health insurance or any 
primary care physician, and tens of millions more are inadequately 
insured. In the event of a national medical emergency, where would 
these people turn for medical assistance? How, in an orderly and 
effective way, would millions of people receive the medications and 
medical care they need on the same day?
  In my view, the United States Government must make certain that every 
community in America, in our large cities and in our rural small towns, 
have a public health capability for treating all people, regardless of 
income, regardless of geographical location. It is inconceivable to me 
that we can talk seriously about addressing the nightmare of 
bioterrorism without addressing the issue of public health 
infrastructure. We can have all the medicine we want, we can have all 
the vaccines we want, and we must have that, but they will not do us 
any good if there is not a public health infrastructure to make sure 
that that medicine is adequately and effectively distributed and that 
all people are able to get the health care that they need. That will 
not be easy.
  Mr. Chairman, this amendment begins to address that problem by 
providing $100 million in additional funding for federally qualified 
community health centers. The good news here is that we are not 
reinventing the wheel in this area, because FQHCs have already shown in 
urban areas and in rural areas that they can provide quality health 
care to all people at a very cost-effective rate.
  Mr. Chairman, FQHCs already exist in every State in this country and 
are widely recognized as doing a great job. They have widespread 
support on both sides of the aisle and from President Bush and 
Secretary of Health and Human Services Thompson. The only problem is 
that there are not enough of them, and if we are serious about 
protecting the American people from bioterrorism, we must build more. 
The bottom line is that every American must know that in the event of a 
national medical emergency, there is a public health place that they 
can go to get the drugs that they need and to get the health care they 
need that does not exist now. And in my view, by expanding the 
community health center program, we can go a long way in making that 
access available to all people.
  So, Mr. Chairman, I think that this is an important amendment, it is 
widely supported, and I would hope the membership would accept it.
  Mr. LEWIS of California. Mr. Chairman, we very much appreciate the 
brevity of the gentleman and, with that, we have no objection to the 
amendment.
  Mr. OBEY. Mr. Chairman, we also have no objection on this side of the 
aisle.
  Mr. DAVIS of Illinois. Mr. Chairman, I rise in support of the 
amendment.
  I simply appreciate the fact that this amendment is accepted. I 
commend the gentleman for introducing it. Community health centers do, 
in fact, have the infrastructure in place, and I think it is a great 
amendment, and I appreciate the chairman and the ranking member for 
accepting the amendment.
  Mr. Chairman, I rise in support of the Sanders amendment. This 
amendment simply redirects $1 million from the Public Health and 
Emergency Fund to Community Health Centers to make sure that they are 
prepared in the event of a bioterrorism attack.
  Community Health Centers are the first responders; they are the 
community doctors to more than 12 million patients a year. They provide 
quality affordable health care to the uninsured, working poor, and 
Medicaid and Medicare populations.
  The tragic events of September 11th have changed our lives forever. 
It has caused us to re-examine our public health infrastructure--to 
determine whether we are prepared should a bioterrorism attack occur. 
The Illinois Primary Health Care Association just distributed a ``White 
Paper'' on this very subject. They suggest that the unfortunate reality 
of today is that community health centers in Illinois and throughout 
the country are not well prepared to fulfill their role as first 
responders in the event of a bioterrorist attack. They note that health 
center personnel presently lack adequate (if any) training to detect 
the symptoms associated with bioterrorism. Additionally, health center 
personnel lack the capacity to conduct mass inoculations, and they do 
not possess the communications infrastructure necessary to quickly 
share suspicious diagnosis information with other entities in the 
community and public health sector. Finally, many Illinois community 
health centers lack any formal plan to manage the consequences of a 
bioterrorist attack and community and regional planning has been 
inadequate.
  This ``White Paper'' really underscores the weaknesses in our public 
health infrastructure. We must not only ensure our strength abroad--but 
we must solidify our strength at home. A public health infrastructure 
that is strong provides security for all of our citizens. This is a 
matter of public health. The Sanders amendment proposes to strengthen 
our public health infrastructure by redirecting $1 million to our first 
responders--community health centers.
  This is a good amendment because it will provide the resources needed 
to assist in

[[Page 23252]]

training health center personnel on bioterrorism and upgrading existing 
facilities. It will also help to create additional health centers and 
provide resources to strengthen our integrated information system.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Vermont (Mr. Sanders).
  The amendment was agreed to.


                    Amendment Offered by Mrs. Lowey

  Mrs. LOWEY. Mr. Chairman, I offer an amendment.
  The CHAIRMAN pro tempore (Mr. Simpson). Is there objection to 
consideration of the amendment at this stage of the reading?
  There was no objection.
  The Clerk read as follows:

       Amendment offered by Mrs. Lowey:
       In the proposed division B (relating to emergency   
     supplemental appropriations), insert the following new 
     titles:

           TITLE II--EMERGENCY RELIEF AND RECOVERY PROVISIONS

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

 temporary emergency unemployment assistance for the state of new york

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for payment to 
     the special fund established and administered by the State of 
     New York for the payment of unemployment compensation (as 
     referred to in section 3306(f) of the Internal Revenue Code 
     of 1986), $880,000,000, to remain available until expended: 
     Provided, That such amount shall be available only to provide 
     assistance to dislocated workers in New York City and the 
     State of New York who are unemployed as a consequence of 
     those attacks, in accordance with succeeding provisions of 
     this paragraph: Provided further, That such amount shall not 
     be paid over to such special fund until such time as the 
     State of New York enters into an agreement with the Secretary 
     of Labor, under the terms of which such amount shall be used 
     only (1) to provide for up to 26 weeks of regular 
     compensation to displaced workers (described in the preceding 
     proviso) in accordance with the unemployment compensation law 
     of that State, (2) to provide for up to 26 weeks of extended 
     compensation, under a program established under such 
     agreement, for any such displaced workers who have, beginning 
     with any week that begins on or after September 11, 2001, and 
     before the week that includes December 31, 2002, exhausted 
     all rights to regular compensation under the unemployment 
     compensation law of that State, (3) to provide for up to 26 
     weeks of benefits, under a program established under such 
     agreement, for any such displaced workers not otherwise 
     eligible for benefits under the unemployment compensation law 
     of that State (weekly benefits under such program not to 
     exceed the maximum weekly amount authorized under the 
     unemployment compensation law of that State), and (4) 
     notwithstanding any other provision of State or Federal law, 
     to cover administrative expenses incurred by that State in 
     connection with any compensation or benefits provided for 
     under clauses (1)-(3); and the State of New York has taken 
     such measures as may be necessary to ensure that the 
     provisions of such agreement relating to clauses (2) and (3) 
     will be implemented: Provided further, That such amount may 
     be used to reimburse the appropriate fund or account of the 
     State of New York for any amounts described in clause (1) or 
     (4) of the preceding proviso which were paid or incurred 
     after September 11, 2001, and before the date of the 
     enactment of this Act with respect to such displaced workers: 
     Provided further, That, in determining (for purposes of this 
     paragraph) whether an individual's separation from employment 
     was as a consequence of the September 11, 2001, terrorist 
     attacks on the United States, the relevant authority may 
     consider the displacement of businesses in and around the 
     World Trade Center area, dislocations for workers employed in 
     businesses serving clients in and around the World Trade 
     Center area, the effect of the attacks on travel and tourism 
     in the New York City area, and the effect of the attacks on 
     the ability of businesses to distribute goods and services in 
     the New York City area: Provided further, That, in connection 
     with any compensation payable under chapter 85 of title 5, 
     United States Code, and any compensation payable on the basis 
     of services to which section 3309(a)(1) of the Internal 
     Revenue Code of 1986 applies, any amounts paid out of the 
     amount appropriated by this paragraph shall not be required 
     to be repaid: Provided further, That the amount provided in 
     this paragraph is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985: Provided 
     further, That such amount shall be available only to the 
     extent that an official budget request, that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, is transmitted by the 
     President to the Congress.


    premium assistance for cobra continuation coverage for certain 
             individuals impacted by the terrorist attacks

       Sec. 2101. (a) Establishment.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of the Treasury, in 
     consultation with the Secretary of Labor, shall establish a 
     program under which premium assistance for COBRA continuation 
     coverage shall be provided for qualified individuals under 
     this section.
       (2) Qualified individuals.--For purposes of this section, a 
     qualified individual is an individual who--
       (A)(i) becomes entitled to elect COBRA continuation 
     coverage--
       (I) as a result of the loss of employment in New York City 
     or New York State of the individual as a consequence of the 
     September 11, 2001, terrorist attacks on the United States; 
     or
       (II) as a result of a reduction of hours of employment in 
     New York City or New York State of the individual as a 
     consequence of such attacks; or
       (ii) is the beneficiary of an individual who--

       (I) is described in clause (i); or
       (II) was employed in New York City or New York State at the 
     time of such attacks and was killed as a result of such 
     attacks;

       (B) has elected such coverage; and
       (C) enrolls in the premium assistance program under this 
     section by not later than the end of the 1-year period 
     beginning on the date of the enactment of this Act.
       (3) Scope of consequences of attack.--For purposes of this 
     section (and the succeeding section), in determining whether 
     an individual's loss of employment or reduction in hours of 
     employment is a consequence of the September 11, 2001, 
     terrorist attacks on the United States, there shall be taken 
     into consideration the displacement of businesses in and 
     around the World Trade Center area, dislocations for workers 
     employed in businesses serving clients in and around the 
     World Trade Center area, the effect of the attacks on travel 
     and tourism in the New York City area, and the effect of the 
     attacks on the ability of businesses to distribute goods and 
     services in the New York City area.
       (4) State option to elect administration of program.--
       (A) In general.--A State may elect to administer the 
     premium assistance program established under this section if 
     the State submits to the Secretary of the Treasury, not later 
     than January 1, 2002, a plan that describes how the State 
     will administer such program on behalf of qualified 
     individuals who reside in the State beginning on that date.
       (B) Payments.--In the case of a State that submits a plan 
     under subparagraph (A), subject to subsection (k), the 
     Secretary of the Treasury shall pay to each such State an 
     amount for each quarter equal to the total amount of premium 
     subsidies provided in that quarter on behalf of such 
     individuals.
       (5) Immediate implementation.--The program established 
     under this section shall be implemented without regard to 
     whether or not final regulations to carry out such program 
     have been promulgated by the deadline described in paragraph 
     (1).
       (b) Limitation of Period of Premium Assistance.--Premium 
     assistance provided under this subsection shall end with 
     respect to an individual on the earlier of--
       (1) the date the individual is no longer covered under 
     COBRA continuation coverage; or
       (2) 12 months after the date the individual is first 
     enrolled in the premium assistance program established under 
     this section.
       (c) Payment and Crediting of Assistance.--
       (1) Amount of assistance.--Premium assistance provided 
     under this section shall be equal to 100 percent of the 
     amount of the premium required for the COBRA continuation 
     coverage.
       (2) Provision of assistance.--Premium assistance provided 
     under this section shall be provided through the 
     establishment of direct payment arrangements with a group 
     health plan (including a multiemployer plan), an issuer of 
     health insurance coverage, an administrator, or an employer 
     as appropriate with respect to the individual provided such 
     assistance. It shall be a fiduciary duty of the plan, issuer, 
     administrator, or employer to enter into such arrangements 
     under this section.
       (3) Premiums payable by qualified individual reduced by 
     amount of assistance.--Premium assistance provided under this 
     section shall be credited by such plan, issuer, 
     administrator, or employer against the premium otherwise owed 
     by the individual involved for such coverage.
       (d) Change in COBRA Notice.--
       (1) General notice.--
       (A) In general.--In the case of notices provided under 
     section 4980B(f)(6) of the Internal Revenue Code of 1986 with 
     respect to individuals who, on or after September 11, 2001, 
     and before the end of the 1-year period beginning on the date 
     of the enactment of this Act, become entitled to elect COBRA 
     continuation coverage, such notices shall include an 
     additional notification to the recipient of the availability 
     of premium assistance for such coverage under this section.
       (B) Alternative notice.--In the case of COBRA continuation 
     coverage to which the

[[Page 23253]]

     notice provision under section 4980B(f)(6) of the Internal 
     Revenue Code of 1986 does not apply, the Secretary of the 
     Treasury shall, in coordination with group health plans, 
     health insurance issuers, administrators, and employers that 
     provide or administer the COBRA continuation coverage 
     involved, assure provision of such notice.
       (C) Form.--The requirement of the additional notification 
     under this paragraph may be met by amendment of existing 
     notice forms or by inclusion of a separate document with the 
     notice otherwise required.
       (2) Specific requirements.--Each additional notification 
     under paragraph (1) shall include--
       (A) the forms necessary for establishing eligibility under 
     subsection (a)(2)(A) and enrollment under subsection 
     (a)(2)(C) in connection with the coverage with respect to 
     each qualified individual;
       (B) the name, address, and telephone number necessary to 
     contact the plan administrator and any other person 
     maintaining relevant information in connection with the 
     premium assistance; and
       (C) the following statement displayed in a prominent 
     manner:
       ``You may be eligible to receive assistance with payment of 
     100 percent of your COBRA continuation coverage premiums for 
     a duration of not to exceed 12 months.''.
       (3) Notice relating to retroactive coverage.--In the case 
     of such notices previously transmitted before the date of the 
     enactment of this Act in the case of a qualified individual 
     who has elected (or is still eligible to elect) COBRA 
     continuation coverage as of the date of the enactment of this 
     Act, the group health plan, health insurance issuer, 
     administrator, or employer involved or the Secretary of the 
     Treasury (in the case described in the paragraph (1)(B)) 
     shall provide (within 60 days after the date of the enactment 
     of this Act) for the additional notification required to be 
     provided under paragraph (1).
       (4) Model notices.--The Secretary shall prescribe models 
     for the additional notification required under this 
     subsection.
       (f) Obligation of Funds.--Subject to subsection (k), this 
     section constitutes budget authority in advance of 
     appropriations Acts and represents the obligation of the 
     Federal Government to provide for the payment of premium 
     assistance under this section.
       (g) Prompt Issuance of Guidance.--The Secretary of the 
     Treasury, in consultation with the Secretary of Labor, shall 
     issue guidance under this section not later than 30 days 
     after the date of the enactment of this Act.
       (h) Definitions.--In this section:
       (1) Administrator.--The term ``administrator'' has the 
     meaning given such term in section 3(16) of the Employee 
     Retirement Income Security Act of 1974.
       (2) Beneficiary.--The term ``beneficiary'' has the meaning 
     given such term under section 1002 of the Employee Retirement 
     Income Security Act of 1974.
       (3) COBRA continuation coverage.--The term ``COBRA 
     continuation coverage'' means continuation coverage provided 
     pursuant to title XXII of the Public Health Service Act, 
     section 4980B of the Internal Revenue Code of 1986 (other 
     than subsection (f)(1) of such section insofar as it relates 
     to pediatric vaccines), part 6 of subtitle B of title I of 
     the Employee Retirement Income Security Act of 1974 (other 
     than under section 609), section 8905a of title 5, United 
     States Code, under a State program that provides continuation 
     coverage comparable to such continuation coverage, or other 
     comparable continuation coverage offered to a beneficiary 
     under a group health plan.
       (4) Federal public benefit.--The term ``Federal public 
     benefit'' has the meaning given that term in section 401(c) 
     of the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 (8 U.S.C. 1611(c)).
       (5) Group health plan.--The term ``group health plan'' has 
     the meaning given that term in section 2791(a) of the Public 
     Health Service Act (42 U.S.C. 300gg-91(a)) and in section 
     607(1) of the Employee Retirement Income Security Act of 1974 
     (29 U.S.C. 1167(1)).
       (6) Multiemployer plan.--The term ``multiemployer plan'' 
     has the meaning given that term in section 3(37) of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1002(37)).
       (7) State.--The term ``State'' means the State of New York.
       (8) State or local public benefit.--The term ``State or 
     local public benefit'' has the meaning given that term in 
     section 411(c) of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(c)).
       (i) Emergency Designation.--The amount provided in this 
     section is designated by the Congress as an emergency 
     requirement pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985. 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.
       (j) Disregard of Subsidies for Purposes of Federal and 
     State Programs.--Notwithstanding any other provision of law, 
     any premium assistance provided to, or on behalf of, an 
     individual under this section, shall not be considered income 
     or resources in determining eligibility for, or the amount of 
     assistance or benefits provided under, any other Federal 
     public benefit or State or local public benefit.
       (k) Limitation on Amount.--
       (1) In general.--Notwithstanding any other provision of 
     this section or section 2102, in no case shall the total 
     amount that may be obligated under this section and section 
     2102 exceed $1,025,000,000.
       (2) Contingency mechanism.--
       (A) In general.--The Secretaries of the Treasury and Health 
     and Human Services shall cooperatively establish a mechanism 
     to assure that the total amount obligated under this section 
     and section 2102 does not exceed the amount specified in 
     paragraph (1).
       (B) Use of first come, first served mechanism.--Under such 
     mechanism--
       (i) with respect to this section, the Secretary of the 
     Treasury shall provide, in coordination with States to the 
     extent applicable, the assistance under this section giving 
     priority based upon the order in which a qualified individual 
     applies for assistance in a manner consistent with 
     subparagraph (A); and
       (ii) with respect to section 2102, the Secretary of Health 
     and Human Services shall provide that the Federal financial 
     participation provided under such section shall be available 
     to States giving priority based upon the order of qualifying 
     expenditures under State plans in a manner consistent with 
     subparagraph (A).


optional temporary medicaid coverage for certain uninsured individuals 
                   impacted by the terrorist attacks

       Sec. 2102. (a) In General.--Notwithstanding any other 
     provision of law, with respect to any month before the ending 
     month, a State may elect to provide, under its medicaid 
     program under title XIX of the Social Security Act, medical 
     assistance in the case of an individual--
       (1)(A) who lost employment in New York City or New York 
     State as a consequence of the September 11, 2001, terrorist 
     attacks on the United States;
       (B) who experienced a reduction of hours of employment in 
     New York City or New York State as a consequence of such 
     attacks; or
       (C) who is the spouse or dependent child of--
       (i) an individual described in subparagraph (A) or (B); or
       (ii) an individual who was employed in New York City or New 
     York State and was killed as a result of such attacks;
       (2) who is not eligible for COBRA continuation coverage (as 
     defined in section 2101(h)(3)); and
       (3) who is uninsured.
       (b) Limitation of Period of Coverage.--Assistance under 
     this section shall end with respect to an individual on the 
     earlier of--
       (1) the date the individual is no longer uninsured; or
       (2) 12 months after the date the individual is first 
     determined to be eligible for medical assistance under this 
     section.
       (c) Special Rules.--In the case of medical assistance 
     provided under this section--
       (1) the Federal medical assistance percentage under section 
     1905(b) of the Social Security Act shall be 100 percent;
       (2) a State may elect to disregard (or apply alternative) 
     income, asset, and resource limitations and the provisions of 
     section 1916(g) of such Act, except that in no case shall a 
     State cover individuals with higher family income without 
     covering individuals with a lower family income;
       (3) such medical assistance shall not be provided for 
     periods before the date the individual becomes uninsured;
       (4) individuals eligible for medical assistance under this 
     section shall be deemed to be described in the list of 
     individuals described in the matter preceding paragraph (1) 
     of section 1905(a) of such Act; and
       (5) the Federal financial participation with respect to 
     such assistance is subject to the limitations specified in 
     section 2101(k).
       (d) Definitions.--For purposes of this Act:
       (1) Uninsured.--The term ``uninsured'' means, with respect 
     to an individual, that the individual is not covered under--
       (A) a group health plan (as defined in section 2791(a) of 
     the Public Health Service Act),
       (B) health insurance coverage (as defined in section 
     2791(b)(1) of the Public Health Service Act), or
       (C) a program under title XVIII, XIX, or XXI of the Social 
     Security Act, other than under such title XIX pursuant to 
     this section.
     For purposes of this paragraph, such coverage under 
     subparagraph (A) or (B) shall not include coverage consisting 
     solely of coverage of excepted benefits (as defined in 
     section 2791(c) of the Public Health Service Act).
       (2) State.--The term ``State'' has the meaning given such 
     term for purposes of title XIX of the Social Security Act.
       (3) Ending month.--The term ``ending month'' means the last 
     month that begins before the date that is 1 year after the 
     date of the enactment of this Act.
       (e) Effective Date.--This section shall take effect upon 
     its enactment, whether or not regulations implementing this 
     section are issued.

[[Page 23254]]

       (f) Emergency Designation.--The amount provided in this 
     section is designated by the Congress as an emergency 
     requirement pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985. 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.

     TITLE III--ADDITIONAL EMERGENCY RELIEF AND RECOVERY PROVISIONS

                       CHAPTER 1--LABOR PROGRAMS

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

       Of the amount provided under this heading in title I of 
     this division, $32,400,000 shall be provided to the 
     Consortium for Worker Education, established by the New York 
     City Central Labor Council and the New York City Partnership, 
     for an Emergency Employment Clearinghouse.

                   State Unemployment Security Office

                     workers compensation programs

                     (including transfer of funds)

       For emergency expenses to respond to the September 11, 2001 
     terrorist attacks on the United States, for workers 
     compensation programs in accordance with this paragraph, 
     $195,000,000, to remain available until expended: Provided, 
     That, of such amount, $145,000,000 shall be for payment to 
     the New York State Workers Compensation Review Board, for the 
     processing of claims related to the terrorist attacks: 
     Provided further, That, of such amount, $25,000,000 shall be 
     for payment to the New York State Uninsured Employers Fund, 
     for reimbursement of claims related to the terrorist attacks: 
     Provided further, That, of such amount, $25,000,000 shall be 
     for payment to the New York State Uninsured Employers Fund, 
     for reimbursement of claims related to the first response 
     emergency services personnel who were injured, were disabled, 
     or died due to the terrorist attacks: Provided further, That 
     the amount provided in this paragraph is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985: Provided further, That such amount shall 
     be available only to the extent that an official budget 
     request, that includes designation of the entire amount of 
     the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, is 
     transmitted by the President to the Congress.

             CHAPTER 2--HEALTH AND HUMAN SERVICES PROGRAMS

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                     health resources and services

       For an additional amount for ``Health Resources and 
     Services'' to reimburse local area public and private 
     hospitals for unreimbursed care provided in response to the 
     September 11, 2001 terrorist attacks on the United States, 
     including overtime costs, equipment and supplies destroyed or 
     damaged in the attack, $140,000,000, to remain available 
     until expended: Provided, That the amount provided in this 
     paragraph is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985: Provided 
     further, That such amount shall be available only to the 
     extent that an official budget request, that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, is transmitted by the 
     President to the Congress.

               Centers for Disease Control and Prevention

                disease control, research, and training

       For an additional amount for ``Disease Control, Research, 
     and Training'' for baseline safety screening for the 
     emergency services personnel and rescue and recovery 
     personnel who served in response to the September 11, 2001 
     terrorist attacks on the United States, $12,000,000, to 
     remain available until expended: Provided, That the amount 
     provided in this paragraph is designated by the Congress as 
     an emergency requirement pursuant to section 251(b)(2)(A) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985: Provided further, That such amount shall be available 
     only to the extent that an official budget request, that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, is transmitted by 
     the President to the Congress.

                     National Institutes of Health

          national institute of environmental health sciences

       For an additional amount for ``National Institute of 
     Environmental Sciences'' to respond to the September 11, 
     2001, terrorist attacks on the United States, for carrying 
     out activities set forth in section 311(a) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980, $10,450,000, to remain available until 
     expended: Provided, That the amount provided in this 
     paragraph is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985: Provided 
     further, That such amount shall be available only to the 
     extent that an official budget request, that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, is transmitted by the 
     President to the Congress.

                      CHAPTER 3--COMMERCE PROGRAMS

                         DEPARTMENT OF COMMERCE

       National Telecommunications and Information Administration

    public telecommunications facilities, planning and construction

       For an additional amount for emergency grants authorized by 
     section 392 of the Communications Act of 1934 to respond to 
     the September 11, 2001 terrorist attacks on the World Trade 
     Center, $6,500,000, to remain available until expended: 
     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.

           CHAPTER 4--COMMUNITY DEVELOPMENT AND FEMA PROGRAMS

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development

                       community development fund

       For an additional amount for ``Community Development 
     Fund'', to respond to the September 11, 2001 terrorist 
     attacks on the United States, $900,000,000, to remain 
     available until expended: Provided, That such funds shall be 
     subject to the first through sixth provisos in section 434 of 
     the Departments of Veterans Affairs and Housing and Urban 
     Development, and Independent Agencies Appropriations Act, 
     2002 : Provided further, That, of the amount provided in this 
     paragraph, $10,000,000 shall be used for a program to aid the 
     travel and tourism industry in New York City: Provided 
     further, That the amount provided in this paragraph is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985: Provided further, That 
     such amount shall be available only to the extent that an 
     official budget request, that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, is transmitted by the President to the Congress.

                          INDEPENDENT AGENCIES

                  Federal Emergency Management Agency

                            disaster relief

       For an additional amount for ``Disaster Relief'', to 
     respond to the September 11, 2001 terrorist attacks on the 
     United States, $6,560,000,000, to remain available until 
     expended: Provided, That such amount shall be for recovery 
     activities and assistance in New York City and the State of 
     New York, Northern Virginia, and Pennsylvania: Provided 
     further, That, of the amount provided in this paragraph, 
     $1,350,000,000 shall be for the Office of World Trade Center 
     Attack Claims, created in chapter 5 of this division: 
     Provided further, That, of the amount provided in this 
     paragraph, the Federal Emergency Management Agency may 
     provide up to $110,000,000 to the New York City Board of 
     Education to compensate the Board for the costs of providing 
     additional classroom instruction and related activities to 
     students who lost instructional time as a result of the 
     September 11, 2001 terrorist attack on New York City: 
     Provided further, That, of the amount provided in this 
     paragraph, not less than $600,000,000 shall be for public 
     facilities defined in section 3601 of this division: Provided 
     further, That the amount provided in this paragraph is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985: Provided further, That 
     such amount shall be available only to the extent that an 
     official budget request, that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, is transmitted by the President to the Congress.

              CHAPTER 5--WORLD TRADE CENTER ATTACK CLAIMS


                              short title

       Sec. 3501. This chapter may be cited as the ``World Trade 
     Center Attack Claims Act''.


                              definitions

       Sec. 3502. In this chapter, the following definitions 
     apply:

[[Page 23255]]

       (1) Affected area.--The term ``affected area'' means the 
     area south of Canal Street in the borough of Manhattan, New 
     York City, New York.
       (2) Attack.--The term ``attack'' means the attack on the 
     World Trade Center in New York City that occurred on 
     September 11, 2001.
       (3) Claim.--The term ``claim'' means a claim by an injured 
     person under this chapter for payment for injury suffered by 
     the injured person as a result of the attack.
       (4) Claimant.--The term ``claimant'' means an injured 
     person that submits a claim under section 3504(b).
       (5) Director.--The term ``Director'' means--
       (A) the Director of the Federal Emergency Management 
     Agency; or
       (B) if an Independent Claims Manager is appointed under 
     section 3503(d)(4), the Independent Claims Manager.
       (6) Injured person.--
       (A) In general.--The term ``injured person'' means an 
     individual, corporation, partnership, company, association, 
     cooperative, joint venture, limited liability company, 
     estate, trust, or nonprofit organization that--
       (i) suffered injury as a result of the attack; and
       (ii) resides or maintains a place of business in the 
     affected area.
       (B) Exclusions.--The term ``injured person'' does not 
     include--
       (i) a lender that holds a mortgage on or security interest 
     in real or personal property affected by the attack; or
       (ii) a person that holds a lien on real or personal 
     property affected by the attack.
       (7) Office.--The term ``Office'' means the Office of World 
     Trade Center Attack Claims established by section 3503.


               office of world trade center attack claims

       Sec. 3503. In General.--There is established within the 
     Federal Emergency Management Agency an office to be known as 
     the ``Office of World Trade Center Attack Claims''.
       (b) Purpose.--The Office shall receive, process, and pay 
     claims in accordance with section 3504.
       (c) Funding.--The Office--
       (1) shall be funded from funds made available under this 
     chapter; and
       (2) may reimburse any other Federal agency for provision of 
     assistance in the receipt and processing of claims.
       (d) Personnel.--
       (1) In general.--The Office may appoint and fix the 
     compensation of such temporary personnel as are necessary to 
     carry out the duties of the Office, without regard to the 
     provisions of title 5, United States Code, governing 
     appointments in the competitive service.
       (2) Personnel from other agencies.--On the request of the 
     Director, the head of any other Federal agency may detail, on 
     a reimbursable basis, any of the personnel of the agency to 
     the Federal Emergency Management Agency to assist the Office 
     in carrying out the duties of the Office under this chapter.
       (3) Effect on other fema duties.--The establishment of the 
     Office shall not diminish the authority of, or funding 
     available to, the Director to carry out the responsibilities 
     of the Federal Emergency Management Agency under the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.), including the timely provision of 
     disaster assistance to any area with respect to which a major 
     disaster or emergency is declared by the President to exist 
     during the period in which the Director carries out this 
     chapter.
       (4) Appointment of independent claims manager.--The 
     Director may appoint an Independent Claims Manager to head 
     the Office and to assume the duties of the Director under 
     this chapter.


                 compensation for victims of the attack

       Sec. 3504. (a) In General.--Each injured person may receive 
     from the United States compensation for injury suffered by 
     the injured person as a result of the attack, as determined 
     by the Director in accordance with subsection (d).
       (b) Submission of Claims.--Not later than 2 years after the 
     date on which interim final regulations are promulgated under 
     subsection (h), an injured person may submit to the Director 
     a written claim for payment of injury suffered by the injured 
     person as a result of the attack in accordance with such 
     requirements as the Director determines to be appropriate.
       (c) Investigation of Claims.--The Director shall 
     investigate, adjust, grant, deny, settle, or compromise any 
     claim submitted under subsection (b).
       (d) Amount of Payment.--
       (1) In general.--Any payment on a claim by an injured 
     person--
       (A) shall be limited to the amount necessary to compensate 
     the injured person for injury described in paragraph (2) 
     suffered as a result of the attack during the period 
     beginning on September 11, 2001, and ending on March 11, 
     2003;
       (B) shall be subject to subsection (e)(1)(D);
       (C) shall not include--
       (i) interest on the amount of the payment before the date 
     of settlement or payment of a claim; or
       (ii) punitive damages or any other form of noncompensatory 
     damages; and
       (D) shall not exceed $500,000, except in the case of a 
     claim for which the Director determines that a greater amount 
     is appropriate.
       (2) Types of injury.--
       (A) Residential loss.--Under paragraph (1), an injured 
     person may receive payment for a residential loss consisting 
     of 1 or more of the following:
       (i) An uninsured or underinsured property loss.
       (ii) Damage to or destruction of physical infrastructure.
       (iii) An insurance deductible.
       (iv) A temporary living or relocation expense.
       (v) Debris removal and other cleanup costs.
       (vi) Any other type of related injury that the Director 
     determines to be appropriate.
       (B) Business loss.--Under paragraph (1), an injured person 
     may receive payment for a business loss consisting of 1 or 
     more of the following:
       (i) An uninsured or underinsured property loss.
       (ii) Damage to or destruction of physical infrastructure.
       (iii) Damage to or destruction of tangible assets or 
     inventory.
       (iv) A business interruption loss.
       (v) Overhead costs.
       (vi) Employee wages for work not performed.
       (vii) An insurance deductible.
       (viii) A temporary relocation expense.
       (ix) Debris removal and other cleanup costs.
       (x) Any other type of injury that the Director determines 
     to be appropriate.
       (3) Burden of proof.--
       (A) In general.--Subject to subparagraph (B), a claimant 
     shall have the burden of demonstrating injury suffered by the 
     claimant.
       (B) Absence of documents.--If documentary evidence 
     substantiating injury is not reasonably available, the 
     Director may pay a claim based on an affidavit or other 
     documentation executed by the claimant.
       (e) Payment of Claims.--
       (1) Determination and payment of amount.--
       (A) In general.--To the maximum extent practicable, not 
     later than 180 days after the date on which a claim is 
     submitted under subsection (b), the Director shall--
       (i) determine the amount, if any, to be paid for the claim; 
     and
       (ii) pay the amount.
       (B) Priority.--The Director may establish priorities for 
     processing and paying claims based on--
       (i) an assessment of the needs of the claimants; and
       (ii) any other criteria that the Director determines to be 
     appropriate.
       (C) Parameters of determination.--In determining and paying 
     a claim, the Director shall determine only--
       (i) whether the claimant is an injured person;
       (ii) whether the injuries that are the subject of the claim 
     resulted from the attack;
       (iii) the amount, if any, to be paid under this section; 
     and
       (iv) the person or persons entitled to receive the amount.
       (D) Insurance and other benefits.--
       (i) In general.--Subject to clause (ii), to prevent 
     recovery by a claimant in excess of the equivalent of actual 
     compensatory damages in accordance with subsection (d), the 
     Director, in determining the amount of, and paying, a claim, 
     shall reduce the amount to be paid for the claim by an amount 
     that is equal to the sum of the payments or settlements of 
     any kind that were paid, or will be paid, with respect to the 
     claim, including--

       (I) payments on insurance policies; and
       (II) benefits under the public assistance program, 
     individual assistance program, or other program of the 
     Federal Emergency Management Agency or under a program of any 
     other Federal, State, or local agency.

       (ii) Government loans.--Clause (i) shall not apply to the 
     receipt by a claimant of any Federal, State, or local 
     government loan that is required to be repaid by the 
     claimant.
       (2) Advance or partial payments.--At the request of a 
     claimant, the Director may make 1 or more advance or partial 
     payments before the final settlement of a claim.
       (f) Recovery of Funds Improperly Paid or Misused.--The 
     United States may recover any portion of a payment on a claim 
     that was improperly paid to the claimant as a result of--
       (1) fraud or misrepresentation on the part of the claimant 
     or a representative of the claimant;
       (2) a material mistake on the part of the United States;
       (3) the payment of benefits described in subsection 
     (e)(1)(D) that were not taken into account in determining the 
     amount of the payment; or
       (4) the failure of the claimant to cooperate in an audit.
       (g) Appeals of Decisions.--
       (1) Right of appeal.--A claimant may appeal a decision 
     concerning payment of a claim by filing, not later than 60 
     days after the date on which the claimant is notified that 
     the claim of the claimant will or will not be paid, a notice 
     of appeal--

[[Page 23256]]

       (A) in the case of a decision on a claim relating to a 
     business loss, with the Administrator of the Small Business 
     Administration; and
       (B) in the case of a decision on a claim relating to a 
     residential loss, with the Director.
       (2) Period for decision.--A decision concerning an appeal 
     under paragraph (1) shall be rendered not later than 90 days 
     after the date on which the notice of appeal is received.
       (h) Regulations.--Notwithstanding any other provision of 
     law, not later than 45 days after the date of enactment of 
     this Act--
       (1) the Director shall promulgate and publish in the 
     Federal Register interim final regulations for the processing 
     and payment of claims; and
       (2) the Director and the Administrator of the Small 
     Business Administration shall jointly promulgate and publish 
     in the Federal Register procedures under which a dispute 
     concerning payment of a claim may be settled through an 
     appeals process described in subsection (g).
       (i) Public Information.--At the time of publication of 
     interim final regulations under subsection (h), the Director 
     shall disseminate, through brochures, pamphlets, radio, 
     television, the print news media, and such other media as the 
     Director determines to be likely to reach prospective 
     claimants, a clear, concise, and easily understandable 
     explanation, in English, Spanish, and any other language that 
     the Director determines to be appropriate, of--
       (1) the rights conferred under this section; and
       (2) the procedural and other requirements of the 
     regulations promulgated under subsection (h).
       (j) Coordination.--In carrying out this section, the 
     Director shall coordinate with the Administrator of the Small 
     Business Administration, other Federal agencies, State and 
     local agencies, and any other individual or entity, as the 
     Director determines to be necessary--
       (1) to ensure the efficient administration of the claims 
     process; and
       (2) to provide for local concerns.
       (k) Applicability of Debt Collection Requirements.--
       (1) In general.--Section 3716 of title 31, United States 
     Code, shall not preclude any payment on a claim.
       (2) Assignment and exemption from claims of creditors.--
       (A) Assignment.--No assignment, release, or commutation of 
     a payment due or payable under this section shall be valid.
       (B) Exemption.--
       (i) In general.--A payment under this section shall be 
     exempt from all claims of creditors and from levy, execution, 
     attachment, or other remedy for recovery or collection of a 
     debt.
       (ii) Nonwaivable exemption.--The exemption provided by 
     clause (i) may not be waived.
       (3) Exception.--Notwithstanding paragraph (2), the Director 
     may--
       (A) require the repayment, using a payment under this 
     section, of any disaster loan made by the Small Business 
     Administration to address injury suffered as a result of the 
     attack; and
       (B) use the remedies provided by subchapter II of chapter 
     37 of title 31, United States Code, in collecting debts due 
     to the Federal Government that arise from this chapter.


     acceptance of services of other agencies and volunteers; gifts

       Sec. 3505. In carrying out this chapter, the Director may--
       (1) accept and use the services or facilities of any State 
     or local government, or of any agency, office, or employee of 
     any State or local government, with the consent of the 
     government;
       (2) use such voluntary and uncompensated services by 
     individuals or organizations as may be needed; and
       (3) accept gifts of supplies, equipment, and facilities to 
     be used in carrying out this chapter.


              relationship to federal entitlement programs

       Sec. 3506. (a) Requests for Benefits.--Nothing in this 
     chapter affects any right of an injured person that submits a 
     claim to submit a request for benefits under any Federal 
     entitlement program.
       (b) Consideration of Payments as Resources.--A payment on a 
     claim received by an injured person under section 3504 shall 
     not be taken into account in determining the assets or 
     resources of any individual or household under any Federal 
     program or federally assisted program that provides financial 
     aid, assistance, or benefits based on need, including--
       (1) the food stamp program under the Food Stamp Act of 1977 
     (7 U.S.C. 2011 et seq.); and
       (2) any program established under the Social Security Act 
     (42 U.S.C. 301 et seq.).


                           reports and audits

       Sec. 3507. (a) Reports.--Not later than 1 year after the 
     date of promulgation of interim final regulations under 
     section 3504(i) and annually thereafter, the Director shall 
     submit to Congress a report that describes the claims 
     submitted under section 3504(b) during the year preceding the 
     date of submission of the report, including, with respect to 
     each claim--
       (1) the amount claimed;
       (2) a brief description of the nature of the claim; and
       (3) the status or disposition of the claim, including the 
     amount of any payment on the claim.
       (b) Audits.--The Comptroller General shall--
       (1) conduct an annual audit of the payment of all claims 
     submitted under section 3504(b); and
       (2) not later than 120 days after the date on which the 
     Director submits to Congress the initial report required by 
     subsection (a) and annually thereafter, submit to Congress a 
     report on the results of the audit.


                    authorization of appropriations

       Sec. 3508. (a) In General.--There are authorized to be 
     appropriated to carry out this chapter--
       (1) for administration by the Office of the compensation 
     process $100,000,000; and
       (2) for payment of claims $1,900,000,000.
       (b) Availability.--Amounts made available under subsection 
     (a) shall remain available until expended.
       (c) FEMA Funds.--None of the funds made available to the 
     Federal Emergency Management Agency for the administration of 
     disaster relief shall be used to carry out this chapter.


                        termination of authority

       Sec. 3509. The authority provided by this chapter 
     terminates effective 42 months after the date of enactment of 
     this Act.

               CHAPTER 6--GENERAL PROVISIONS - THIS TITLE


authority to obtain reimbursement for expenses incurred in restoration 
               of utility service and trading operations

       Sec. 3601. (a) In General.--For purposes of any 
     appropriations made by Public Law 107-38 or this division--
       (1) the term ``public facilities'' as used in such law and 
     in section 102(8) of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5122(8)) includes 
     facilities and equipment of public utility companies 
     regulated by the New York Public Service Commission and the 
     facilities and equipment of not-for-profit exchanges and 
     boards of trade regulated by the Securities and Exchange 
     Commission or the Commodity Futures Trading Commission; and
       (2) the term ``repairing public facilities'' in such law 
     includes replacing and restoring facilities and equipment 
     lost, damaged, and destroyed.
       (b) Applicability.--Subsection (a) shall apply through 
     September 30, 2003.

  Mrs. LOWEY (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentlewoman 
from New York?
  There was no objection.
  Mr. LEWIS of California. Mr. Chairman, I reserve a point of order.
  The CHAIRMAN. A point of order is reserved.
  Mrs. LOWEY. Mr. Chairman, I introduced this amendment in behalf of 
the gentleman from New York (Mr. Sweeney) and myself and other members 
of our delegation.
  Mr. Chairman, it has been 11 weeks since terrorists attacked America. 
We have asked our allies to join us to defend the Free World and 
embarked on a dangerous and long-term effort against terrorism 
overseas. Here at home, we are growing used to a sense of uncertainty 
and tighter security. When we go home, we say hello to our neighbors 
who are very concerned, who ask us all kinds of questions. We thank the 
police, we thank the firefighters. And I know when we went home to see 
our families, we just hugged them a little tighter, a little closer, 
and expressed our forgiveness, our thankfulness, thankfulness that we 
were able to be together.
  Again and again we hear, it will never be the same. The world has 
forever changed.
  Mr. Chairman, nowhere is that more true than in New York. Almost 
4,000 dead, many of them under 40, with young children. The loss among 
firefighters in one day is more than in the last 50 years combined.
  Mr. Chairman, 100,000 have lost their jobs. There is a frozen zone 
that has swallowed up small businesses by the hundreds. Mr. Chairman, 
5,000 people still cannot go home. Do we remember how we rushed home 
for Thanksgiving? Just think of what it has been like for the last few 
months in New York for too many New Yorkers.

[[Page 23257]]

  There has been some progress. Yes, FEMA is a full partner in the 
recovery. It is going well. About 40 percent of the site has been 
cleared. Crews are working 24 hours a day, 7 days a week, even on 
Thanksgiving, to recover bodies and clear away the rubble. Some have 
said New York is getting all the help it needs, but I say to my 
colleagues, Ground Zero is not the only place where we see such 
devastation. Widows need health insurance. Laid-off workers who are 
just getting by need extended unemployment benefits. Residents need 
checks to cover security deposits in temporary homes and to repair 
their apartments. Small businesses need grants, not loans, and they 
need a simple application process. The FEMA bills will accumulate over 
time and the Federal Government will pay as the FEMA bills come due.
  Mr. Chairman, I say to my colleagues, people need help, not just 
local governments. Families have bills now. Small businesses have loans 
due and orders to place now. Residents have to decide whether to 
relocate or wait it out now, and the holidays are coming. Imagine how 
it feels to be in New York, to be a New Yorker.
  Mr. Chairman, there is no tougher, more feisty place than the city of 
New York, but our city took a staggering blow for all of America. We 
asked for help, and we were promised whatever it took. We worked 
together, Republicans and Democrats, to put together an amendment that 
would set aside $20 billion that we were promised by the President of 
the United States of America. I was in that room, and we were so 
appreciative when the President of the United States of America said, 
``You got it. You got the $20 billion.'' We thought we got it. And we 
designated as a contingency emergency spending which would allow the 
President to determine when the money would become available. This 
makes sense. It allows Congress and the President to keep their promise 
to New York and it gives the President flexibility.
  I must tell my colleagues, I have seen some tough fights in my years 
in the Congress, but this fight for New York has been one of the more 
demoralizing and difficult of my career. For the life of me, I simply 
cannot understand why the White House and the Congress cannot come 
together to do what is right for New York now. But I want to make one 
thing very clear. I will not give up. My colleagues from New York will 
not give up. I am convinced that we can come to an agreement. I will 
work with the majority, the Senate, the White House until we do.
  I truly want to thank the gentleman from New York (Mr. Sweeney) for 
cosponsoring this amendment with me. He has been a real leader in this 
effort. I want to thank the gentleman from New York (Mr. Walsh) for his 
leadership, and I particularly want to thank the gentleman from Florida 
(Mr. Young), who really gets it. He understood from the start. He 
visited Ground Zero, he saw the tremendous needs. He understood that 
the $20 billion would be a floor, not a ceiling.

                              {time}  1830

  I also want to thank our ranking member of the committee, the 
gentleman from Wisconsin (Mr. Obey), who also has been supportive of 
this effort and understood, as the gentleman from Florida (Chairman 
Young) said, we are all New Yorkers at this time.
  Mr. Chairman, this is the right thing to do. Please support us in our 
fight.
  Mr. YOUNG of Florida. Mr. Chairman, I ask unanimous consent that 
debate on this amendment and any amendments thereto be limited to 55 
minutes, to be divided and controlled as follows: 25 minutes controlled 
by the gentlewoman from New York (Mrs. Lowey), who has already had 5, 
and 30 to be controlled by myself.
  The CHAIRMAN pro tempore (Mr. Simpson). Is there objection to the 
request of the gentleman from Florida?
  Mr. OBEY. Mr. Chairman, reserving the right to object, I would simply 
say that I think that is reasonable. That is in line with the original 
intent of the agreement that had been worked out. It just was not 
offered soon enough to be offered in a more pure fashion.
  Mr. Chairman, I withdraw my reservation of objection.
  The CHAIRMAN pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  The CHAIRMAN pro tempore. Does the gentleman from Florida (Mr. Young) 
continue to reserve his point of order?
  Mr. YOUNG of Florida. I continue to reserve my point of order.
  Mrs. LOWEY. Mr. Chairman, I yield such time as he may consume to the 
gentleman from New York (Mr. Sweeney).
  Mr. SWEENEY. Mr. Chairman, I rise in support of this amendment, I 
want to thank my colleague, the gentlewoman from New York (Mrs. Lowey), 
for working with me, along with the gentlewoman from New York (Mrs. 
Kelly), and other members of the delegation.
  Without being redundant, I would like to recap a little bit of 
history and recognize that on September 11, New York stood in the 
cross-hairs of an attack on America, an attack by those who would 
perpetuate world terrorism, who caused unprecedented loss of life and 
property to all New Yorkers.
  That is why we offer this amendment today, in recognition of that 
loss and that terrible damage. We recognize that New York's problems 
have not ended. In fact, in some respects, we run the risk of 
exacerbating those problems.
  The New York economy is in fiscal crisis in many respects. It went 
from a period of surplus prior to the attacks to now a period of 
deficits, deficits that have been estimated in the range of something 
like $9 billion at the end of next year. New York has lost 150,000-plus 
jobs already from this attack.
  So what we attempt to do today is to honor a commitment, a commitment 
that was made immediately by the President of the United States and the 
leadership of this House and of Congress to make sure that whatever New 
York needed, it was going to be done, it was going to be taken care of.
  We call for the establishment of contingent funds in this amendment, 
funds that will not be scored, that will be under the discretion and 
control of the administration so they can keep an eye on the broader 
issues of spending and the effect of that.
  We need to do this because we need to keep a focus. We need to 
continue to make clear that our commitments are not just words, but the 
real, tangible efforts on the part of the Federal Government to let 
those who attacked New York, those who would deem to attack New York, 
that they cannot get away with that process.
  Mr. Chairman, I trust the President, I trust the Speaker of this 
House in their commitment, but I also recognize that assurances are not 
insurance.
  This is not a partisan battle, although some may come to the floor 
and may argue that it is a partisan battle in some respects, that it is 
the failure of commitment. I, for one, as one Member, do not believe 
that at all, that those commitments are not real. I expect at the end 
of the day that the right thing is going to be done. What we have here 
is a disagreement over process and procedure.
  It is an important distinction, an important point to make, that we 
need to establish a mechanism to ensure that there are no delays in New 
York's recovery, that there are not any hiccups in the process to go 
forward.
  Today in New York, people are making decisions about what they are 
going to do with jobs, how they are going to go forward with their 
business interests, whether they are going to live in lower Manhattan 
or whether they are going to move elsewhere. They are looking to 
Congress for leadership. They are looking for Republicans and Democrats 
alike to come together and find that process and build in those 
assurances.
  What we propose today in this amendment, recognizing that it is 
subject to a point of order, is to continue that fight forward.
  I have, as well, introduced a stand-alone supplemental funding bill 
in the Committee on Appropriations as another means, another mechanism, 
to reserve space, to reserve New York's place in the appropriations 
process to ensure that we do not forget.

[[Page 23258]]

  Earlier today, as we debated and discussed the rule attendant to this 
underlying bill, one of my colleagues stepped forward and said he 
viewed this process as one of not a great urgency right now, today, 
because New York has not expended the dollars that have already been 
appropriated or authorized out, and that New York may indeed not be 
able to do that.
  I wish I could tell the chairman that I shared in that belief, 
because I do not know what is going to happen in February, what is 
going to happen in March or in April. What I do know is that we need to 
ensure that we do not have those kinds of delays.
  My colleague further pointed out that he viewed this process as one 
not unlike the use of a credit card. I do not disagree with that 
process. That is why we have asked for the establishment of this 
contingent fund, to ensure that the money is there to back up the 
commitments that are made on behalf of the city and the State of New 
York, so when those officials go to get contracts, they can do it with 
the assurance and with expedited force to ensure that those jobs get 
done.
  Some New York officials have said that at this point we do not need 
this funding. What I would suggest is they are not looking down the 
road at the pratfalls that may overtake an additional supplemental bill 
that could come forward to this floor at additional times.
  New Yorkers have been through an awful lot, Mr. Chairman. To subject 
them to further debate and deliberation over something that has already 
been committed I think goes beyond the pale of what we can accept here 
in this House, or what we should accept.
  With that, I would urge my colleagues to support this amendment. I 
would urge my colleagues to move steadfastly on the notion that New 
York needs to have those dollars in place so it can begin the full 
reconstruction.
  Mr. YOUNG of Florida. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I do not think that any of us, unless we were there and 
lived there, could understand what the people of New York have gone 
through. This was a tragedy that none of us have ever seen before, none 
of us have ever witnessed before.
  We made a commitment to New York that they would be provided at least 
$20 billion. The President made that commitment. The gentleman from 
Wisconsin (Mr. Obey) and I were in meetings with our counterparts in 
the Senate when that commitment was made, and we reacted to it and said 
yes, we will agree to the $20 billion, and we added $20 billion to the 
original number of that emergency supplemental.
  The whole country owes New York a lot, not only for what happened 
there but for the way they responded. The New Yorkers have shown 
America what it is like to be Americans in time of trials and 
tribulation and trouble. They have responded in an unbelievable way.
  The mayor was a strong leader, is a strong leader. The Governor is a 
strong leader. I watched in amazement as I saw the firefighters and the 
police officers and the civilian people who were involved in the rescue 
and recovery. I can say that they made America proud, the way that they 
responded.
  We are going to keep the commitment that was made to New York. We are 
going to provide whatever is necessary, even if it goes above that 
commitment.
  I would say today, Mr. Chairman, that based on the rules of the House 
and the work of the Committee on Appropriations, this amendment is 
subject to a point of order; and later in the debate I will raise that 
point of order, not that I really want to, but that is the way it is. 
That is the way it is going to be.
  But I want to say to my friend, the gentleman from New York, all of 
my friends from New York, that we will move quickly on a supplemental 
request to provide whatever is necessary for New York and for America 
to recover.
  I have a friend, a family friend, visiting me in the Capitol today. 
In fact, if I was not here, I would be having dinner with him tonight. 
He was an executive, or he still is, because the company is surviving, 
we hope, an executive of one of the largest companies in the World 
Trade Center.
  The only reason that he is alive today is because the taxi that he 
was in, going to work, got caught in a traffic jam. He had just exited 
the cab and was on the sidewalk in front of the World Trade Center when 
the airplane hit it. Every member of his firm who were in that building 
at the time did not survive. Not one that was in that building in that 
firm, not one survived.
  So I understand, I understand the importance of what we are talking 
about here. I want the gentlewoman from New York (Mrs. Lowey) to know 
that this commitment that the President made, I am going to keep it. 
The President is going to keep it.
  As of today with the rule that we adopted, which had a self-executing 
amendment dealing with New York, adding an additional $1.5 billion, we 
now have committed just a little over $10 billion for New York. With 
the additional $10 billion or whatever it is that is necessary, we are 
going to move it, because we are all a part of New York based on what 
happened in that city on the 11th day of September of 2001.
  We are going to maintain that commitment. It may not be totally 
today, but it will be committed and it will be maintained, and we are 
going to deliver on that promise.
  Mr. Chairman, I reserve the balance of my time.
  Mrs. LOWEY. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I just want to thank the chairman for his work. I know 
he would rather be arguing on this side of the aisle, Mr. Chairman. It 
is unfortunate that he is being put in this very difficult position, 
but I want to thank him.
  Mr. Chairman, I am pleased to yield 2 minutes to the gentleman from 
New York (Mr. Rangel), dean of our delegation.
  Mr. RANGEL. Mr. Chairman, I am a proud Member of Congress today to be 
following the eloquence of the chairman of the Committee on 
Appropriations. His remarks were stirring and moving, and almost as 
wonderful as I felt when this great House went to the steps of the 
Capitol and sang together ``God bless America.''
  None of us knew how New York would respond to what struck us, but it 
was abundantly clear that America had spoken and this Congress had 
spoken, and as the gentleman said so eloquently, that we knew that New 
Yorkers were going to fight back and our country was going to fight 
back and the Congress will be with us.
  It is difficult to see why we are here. Why are we in the hall? I 
leave here, and I have this time ahead of the ranking member of the 
Committee on Appropriations because I am going to a meeting on the 
economic stimulus package, where the leadership of this House is asking 
for a $200 billion tax cut to be put in the stimulus package.
  What are we talking about? What is the $10 billion shortfall causing 
us to create an atmosphere where once, and not that long ago, we were 
in complete unity? In our delegation there was not a position between 
Republicans and Democrats, and outside of that, there was not a 
position in this House with Republican and Democrat.
  They shuffle around some money to give a handout to New York City, we 
thank them, but that money is coming from other congressional 
districts, and this evening some of our own Members will be moving to 
restore that money back to where originally it was supposed to be in 
their congressional district.
  Mr. Chairman, I leave this floor, hoping that no district in this 
country ever suffers a natural disaster or a terrorist strike or 
anything; but I tell the Members, I also wish that they never be 
treated like the people in the city and State of New York are being 
treated. We are not even given a reason why a promise made is not being 
kept. We have no reason why $10 billion is being taken away, allegedly 
to support the Department of Defense.
  So I appreciate the song, but I wish we could go home with the money.
  Mr. YOUNG of Florida. Mr. Chairman, I reserve the balance of my time.

[[Page 23259]]


  Mrs. LOWEY. Mr. Chairman, I am pleased to yield 2 minutes to the 
gentleman from Wisconsin (Mr. Obey).
  Mr. OBEY. Mr. Chairman, the gentleman from Florida, Senator Byrd, 
Senator Stevens, and I were in a room negotiating that original $40 
billion package after the events of September 11. We had agreed on 
about $32 billion, because we had assumed that it was going to cost 
about $10 billion to $12 billion in New York.
  Then a note was passed into the room telling us that the President 
had personally guaranteed the New York delegation that he would 
provide, in this bill, $20 billion. Later on that evening, when some 
Senators tried to unravel the deal, those of us who were in the room 
putting that deal together again remember that at one point they 
suggested that we ought to substitute language ``up to $20 billion.''
  So I asked Mitch Daniels, the director of OMB, whether the language 
``up to $20 billion'' would meet the commitment that the President had 
made or whether the language needed to be ``$20 billion,'' period. He 
said the commitment was $20 billion, period.
  Now we are being told that New York ought to settle for less in this 
bill. So I guess I've finally got this figured out. The commitment to 
New York is going to be kept, the administration is going to keep its 
commitment, but I guess they believe in keeping their commitments on 
the installment plan.
  That is not the way we do business around here and engender trust. It 
is a shame. New York ought to get the full $20 billion. The gentlewoman 
is right to offer this amendment.


                Announcement by the Chairman pro tempore

  The CHAIRMAN pro tempore. The Chair would remind all Members not to 
characterize actions or inactions by Members of the Senate or the 
Senate.
  Mrs. LOWEY. Mr. Chairman, I am pleased to yield 2 minutes to the 
gentleman from New York (Mr. Hinchey), an outstanding member of the 
Committee on Appropriations who has been very forceful in his 
arguments.

                              {time}  1845

  Mr. HINCHEY. Mr. Chairman, I just want to take a couple of minutes to 
remind us about the extent of the devastation and the consequences of 
the devastation that occurred in New York.
  Currently, there are more than 5,000 people who are displaced from 
their homes in Manhattan as a result of the attack; 16 million square 
feet of office and hotel space has been destroyed; and 838 major 
companies have been dislocated as a result. More than 15,000 small 
businesses have been destroyed, dislocated or severely damaged. Over 
108,000 people have lost their jobs. And the realistic estimate of 
economic damage to the metropolitan region area this year, $83 million.
  We are asking for this Congress and the executive branch to fulfill 
its commitment to the State and City for the basic minimum that was 
agreed to already in public law, for at least $20 billion to begin to 
meet the human needs.
  Now, we are told do not worry about it. We know that we agreed to $20 
billion. You have only gotten half. The rest of it will be coming. But 
what happens to the people in the meantime? What happens to the 
unemployed? What happens to the widows and the orphans? What happens to 
the people who are injured? What happens to the people who have no 
health insurance? The answer to that question is virtually nothing will 
happen to them.
  They will continue to be unemployed. Their unemployment insurance 
will run out. They will continue not to have health insurance, and they 
will not get the health care that they need. They will continue to be 
disabled, and they will not get the attention to deal with those 
disabilities.


  These are the problems that are confronting the people of the city 
and the metropolitan region in the surrounding area. And the money that 
was supposed to come to the city, the other $10 billion was supposed to 
deal with these human consequences. And the fact is that the human 
consequences have gone unanswered, and they will continue to go 
unanswered so long as the State and city do not get what they have been 
promised by this Congress.
  Mr. YOUNG of Florida. Mr. Chairman, I yield 3 minutes to the very 
distinguished gentlewoman from New York (Mrs. Kelly).
  Mrs. KELLY. Mr. Chairman, I rise in support of this amendment.
  The residents of my district and my State have suffered greatly. I am 
here today to speak for them. Congress has to do everything it can to 
help us rebuild our lives and our communities. The amount of money 
contained in the final bill is sufficient for now, but this vote seems 
a chance to get more funding for New York faster and send a clear 
signal to Congress that New York's needs persist and will continue to 
persist.
  For many of us who support the measure of the gentlewoman from New 
York (Mrs. Lowey) and the gentleman from New York (Mr. Sweeney) it is 
not about doubting the promises that have already been made. The 
President has shown tremendous compassion for New Yorkers in the 
aftermath of September 11. I trust the President. I take him at his 
word when he says New York is going to receive the full $20 billion 
commitment from the Federal Government.
  So while I appreciate the efforts of my colleagues who have worked 
very hard to meet the needs of New Yorkers, I believe this amendment 
reflects the true magnitude of the State's loss and deserves support. 
This is not just about bricks and mortar. It is about the people. It is 
not just the heroic police and firemen, the public safety officers, the 
real heroes that went in and pulled people out of those buildings and 
helped that day. But it is about the extended family around New York, 
the people from my district who suffered then and are still suffering. 
It is about supporting those people in their loss. It is about 
supporting our city that we all, so many of us, work in. It is a very 
important amendment to so many of us that I feel it really needs 
support.
  Mrs. LOWEY. Mr. Chairman, I yield 2 minutes to the gentleman from New 
York (Mr. Serrano), a member of the Committee on Appropriations.
  Mr. SERRANO. Mr. Chairman, this is how it started with the 
devastation at the World Trade Center. This aerial photograph shows you 
what you have already seen and what you know, the damage.
  What this photograph does not show you is the ripple effect that it 
has had on a community, on a city. Underneath this rubble, there are 
people who lost their lives and may never be found. But the ripple 
effect is people who lost their jobs, victims who have to be 
compensated, rebuilding that has to take place. That this picture does 
not show you. That is what this amendment is about.
  But this amendment is also about a promise, a promise from a 
President to a city, a promise from a President to a Nation, that we 
would get what was coming to us in terms of dollars. Now we are being 
told to wait until the spring.
  As I said many times today and many times in the last few weeks, next 
spring the fervor for New York may not be the same. Next spring if you 
pit New York against other budget items, New York will not win that 
fight. And so we are here today to try to bring help to the victims and 
to try to bring help to our city, not by asking for anything we do not 
deserve or not by asking for anything that was not promised, by simply 
allowing the law to be carried out. Let us be clear on that. It is law 
and all we need to do is follow the law. The picture tells you what you 
need to know. But what we need to solve is how to deal with the 
devastation that was left behind. I urge all of my colleagues to please 
join us in this fight in allowing this amendment to be approved and 
allowing my city to get back on the road to recovery.
  Mrs. LOWEY. Mr. Chairman, I yield 2 minutes to the gentleman from New 
York (Mr. Nadler), in whose district can be found Ground Zero.
  Mr. NADLER. Mr. Chairman, the scene of devastation my colleagues just 
saw is in my district. Many of the dead and injured were my neighbors 
and friends. Many of the newly unemployed and the at-risk small 
businesses are my constituents.

[[Page 23260]]

  This bill welshes on a solemn pledge made to the people of New York a 
few months ago. It amends the bill passed by the House in September to 
cut in half the $20 billion appropriated for New York, Virginia, and 
Pennsylvania. Congressional leaders and the President have repeatedly 
stressed their intentions to provide more than the $20 billion in aid 
to New York, just not now. The funds will come eventually. Be patient, 
trust us, they say; but the funds are desperately needed now, not in 6 
months.
  We need funds now for grants to enable small businesses to survive. 
Lower Manhattan could lose 10,000 of its 14,000 small businesses in the 
next 6 months. The victims of the attack need unemployment benefits and 
health insurance now, not next year.
  Small business owners are making decisions now, whether to try to 
keep going or to shut their businesses. Large businesses must decide 
whether to return to downtown eventually or whether to seek permanent 
quarters elsewhere now. Residents are debating now whether or not to 
return to Lower Manhattan. They all need to know now whether there is a 
commitment on which they can depend, on which they can risk their lives 
and livelihoods, to rebuild Lower Manhattan.
  How can we expect them to trust a commitment from people who are 
today breaking their solemn pledge of only 2 months ago? Who in this 
Chamber would bet his or her family's fortune on such a commitment?
  Mr. Chairman, the honor of the House is at stake. We must vote for 
this amendment. We must not pass this bill in this form so that we can 
redeem the honor of the House and not welsh on the commitment that was 
made and signed into law only 2 months ago. Despite the efforts of 
people like the gentleman from New York (Mr. Sweeney) and the gentleman 
from New York (Mr. Walsh), who have done wonderful work here, and the 
gentlewoman from New York (Mrs. Lowey) and others and the gentleman 
from Florida (Mr. Young), the chairman of the Committee on 
Appropriations, the honor of this House is still at stake. I urge the 
Members to redeem it today with a proper vote.
  Mr. YOUNG of Florida. Mr. Chairman, could I inquire as to the time 
remaining?
  The CHAIRMAN. The gentleman from Florida (Mr. Young) has 24 minutes 
remaining. The gentlewoman from New York (Mrs. Lowey) has 10\1/2\ 
minutes remaining.
  Mr. YOUNG of Florida. Mr. Chairman, I would be happy to grant the 
gentlewoman's request to yield her 10 minutes of my time for purposes 
of control.
  Mrs. LOWEY. Mr. Chairman, I am very appreciative, and I would like to 
thank our chairman, our gracious chairman, who is always eloquent and 
articulate, and thank him again for his support for New York; and if I 
was not afraid I would use up more time, I would tell the group how 
very helpful he has been to us, and I thank him very much.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Florida?
  There was no objection.
  Mrs. LOWEY. Mr. Chairman, I am very proud to yield 2\1/2\ minutes to 
the gentlewoman from New York (Mrs. Maloney).
  Mrs. MALONEY of New York. Mr. Chairman, I want to thank the gentleman 
from Florida (Mr. Young) for the opportunity to talk about this 
amendment, which is still subject to a point of order, and also to 
thank the gentleman from New York (Mr. Walsh), the gentleman from New 
York (Mr. Reynolds), and especially the gentleman from New York (Mr. 
Sweeney), as well as the New York appropriators, the gentlewoman from 
New York (Mrs. Lowey) and the gentlemen from New York (Mr. Hinchey and 
Mr. Serrano).
  It is a shame we will not have the opportunity to vote on the Sweeney 
amendment because it would help address New York's tremendous unmet 
needs. We need all the Federal aid we were promised, not next year, not 
next month, not tomorrow. We need it yesterday. None of the $20 billion 
we need is going under a mattress. No one doubts that FEMA will pay to 
clear up the site at the World Trade Center.
  What is in doubt are the costs that do not neatly fall in the Federal 
guidebook for disaster relief; like money for hospitals that canceled 
elective surgery so they could treat victims; like costs to utilities 
to rewire Lower Manhattan; like many different kinds of costs of 
education. We have tremendous unmet needs and unpaid bills.
  Here are some of the invoices: $108 million to make up for lost 
classroom size; $6.1 million in reimbursement for lost revenues for 
food services for children; $13.4 million for reimbursement for 
additional school-related expenses including transportation, data 
infrastructure, and other critical-support services.
  Yesterday, I met a man who tells the whole story. His name is Eddie 
Rodriguez. He makes $38 an hour painting bridges, which is difficult 
and dangerous work. His son is also a bridge painter. His daughter is a 
freshman in college. Because of September 11, Eddie and his son lost 
their jobs. Today, the Rodriguez family has no health insurance, and 
Eddie had to tell his daughter that her dream of graduating from 
college would have to wait because he could not afford to pay for the 
tuition.
  Soon Eddie and his family will be attending the funeral of his wife's 
sister's husband who was killed in the World Trade Center attacks, and 
Eddie lost several friends in the crash of Flight 587.
  Eddie's story tells a story of the pain of New York. It has been a 
terrible year for New York and for Eddie Rodriguez. The American people 
understand this and they want Washington to help; and in a month and a 
half, without the New York amendment, Eddie and his son will not get 
extended unemployment benefits. His household will have no income at 
all, and his daughter's college dream will be suspended indefinitely.
  So do not go telling me that New York does not need the money. Go 
tell Eddie Rodriguez and the thousands of Eddie Rodriguezes in New York 
who have lost their jobs because of this disaster.


              Preferential Motion Offered By Mr. Ackerman

  Mr. ACKERMAN. Mr. Chairman, I offer a preferential motion.
  The Clerk read as follows:

       Mr. Ackerman moves that the Committee do now rise and 
     report the bill to the House with the recommendation that the 
     enacting clause be stricken.

  The CHAIRMAN. The gentleman from New York is recognized for 5 minutes 
in support of his preferential motion.
  Mr. ACKERMAN. Mr. Chairman, not to be concerned, it is not my 
intention to follow through on the motion, just that we are tight on 
time, and I do not want to impact on any of my other colleagues and we 
have got numbers worked out now.
  Mr. Chairman, I come from New York, a city wracked with pain, 
suffering from an attack of mass destruction against our country and 
upon our city. We are an American city which makes it even more painful 
for us to fathom why we should have an uphill fight as we plead the 
cause of our people to our government.
  To those who want to send us away with a penny and a promise, please 
remember some things. When California was hit with an earthquake, 84 
people died, a national tragedy, 84 people died, and we ponied up $7 
billion. Every New Yorker was there. Nobody asked for a receipt. Nobody 
said, take part now and come back later.
  When Texas was hit with floods, every New Yorker was there, voting 
for every penny that was requested then and there. Nobody asked for a 
receipt.

                              {time}  1900

  We do this because we believe that we are good neighbors and we are 
great Americans.
  When Hurricanes George and Andrew hit Alabama, Florida, Louisiana, 
and Mississippi, $4.3 billion was spent immediately, and every New 
Yorker stood by at the exact moment that it was requested. Hurricane 
Hugo, $1.5 billion, hitting North and South Carolina. Every New Yorker 
voted for it. The

[[Page 23261]]

floods in the Midwest, Illinois, Indiana, Kansas, Minnesota, Montana, 
Nebraska, South Dakota, North Dakota. Billions of dollars was spent and 
not one New Yorker even blinked.
  New Yorkers have been there every time there has been a problem 
anywhere in the country. Nobody in this Congress has ever questioned. 
And we are so proud that not one New Yorker in the history of the 
Republic has ever said no to $1 to any other place in the Nation that 
had a disaster. We do not know why we are treated like this. We never 
said to anybody else, take half now and come back later.
  Let me tell my colleagues a little bit about who we are. We are the 
people that showed the world the courage of Americans. We are the 
people who have more dead and unburied in a disaster than have occurred 
in all the disasters in the history of the Republic.
  Our one town has more people than 42 States. We have more Puerto 
Ricans than San Juan. We have more Dominicans than Monte Christi. We 
have more Germans than Bonn. We have more Italians than Palermo and 
Bologna. We have more gentlemen than Verona, more merchants than 
Venice, and more barbers than Seville. And Brooklyn alone has more 
people than all of Mongolia. We have more Catholics than Rome. We have 
more Muslims than the Holy City of Madina. We have more Irish than Cork 
and Limerick and Galway. And, yes, we have more Jews than Jerusalem.
  On any day, on any lousy, stinking, single, random day, we have more 
heroes than the world could ever have conceived. Do not tell us that we 
have made you proud, unless you are willing to help make us well.
  We are part of your country. We are not here, hat in hand, looking 
for foreign aid. Do not nickel-and-dime us. Do not tell us to go home 
to our constituents with half a loaf and to come back later, maybe next 
year, if the money is there. We are part of this team. Do not turn us 
away.
  Mr. Chairman, I ask unanimous consent to withdraw my motion.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
New York?
  There was no objection.
  Mr. YOUNG of Florida. Mr. Chairman, I continue to reserve the point 
of order and my time, but I am almost sorry that the gentleman withdrew 
his motion, because I was going to get that 5 minutes on my side and 
offer it to the gentlewoman from New York (Mrs. Lowey).
  Mrs. LOWEY. Mr. Chairman, I am pleased to yield 2\1/2\ minutes to the 
gentleman from New York (Mr. Engel).
  Mr. ENGEL. Mr. Chairman, I thank my colleague from Westchester, which 
we share, and I thank the chairman and everyone else.
  Let us remember that the September 11 attacks were not attacks on New 
York, it was an attack on America, and we as Americans need to help New 
York City recover its costs directly connected to the World Trade 
Center attacks.
  I am a little bit bewildered to be here today to even be discussing 
this at all, because 2 days after September 11, I was part of a 
congressional delegation that met with President Bush at the White 
House, and the President unequivocally said to us the $20 billion is 
for New York, and the $20 billion is only the start, because $20 
billion alone is not enough to repair all the damage that was done to 
New York. It was a floor, not a ceiling. And that money, the President 
told us, would be there.
  Now, I do not understand what the difficulty is. The money has been 
appropriated. It is a law. It has been passed. The money should be 
there. It should be a pot of money for New York to draw on, not 
something for New York to come back next year and ask for more, when 
there will be other regions of the country with needs.
And to have to compete with those regions, that is not fair. When there 
are earthquakes and fires and floods, we all respond. We certainly need 
to respond to terrorism. And if the money is going to be there, why is 
it not there now, when this is the law that this Congress passed?
  Many, many people need our help. Four thousand people died. Special 
consideration needs to be given to hospitals and schools and businesses 
and our utilities. Verizon and ConEd, they need special help. They are 
precluded from getting money, and it is not fair to have them compete 
with everything else. They need to have a special waiver so they can 
get the $900 million that they are owed.
  Let us look at this amendment. This amendment provides unemployment 
insurance extension, emergency employment clearinghouse, workers' 
compensation, continuation of health care, COBRA, hospital costs, CDC 
safety screening program, NIH environmental assessment, disaster 
recovery programs, public television facilities, economic development, 
CDBG, FEMA. These are all things that New York needs.
  I implore my colleagues: We need the money now. This money was 
passed. It is not just a promise, it is a law. New York needs the help. 
Please help us now.
  Mrs. LOWEY. Mr. Chairman, I am pleased to yield 2 minutes to the 
gentleman from Brooklyn, New York, (Mr. Towns).
  Mr. TOWNS. Mr. Chairman, I thank the gentlewoman for yielding me this 
time.
  Let me begin by first thanking the chairman of the full committee, 
the ranking member, of course, and the chairman and ranking member of 
the subcommittee. And of course my good friend, the gentleman from New 
York (Mr. Walsh), who I think has done a magnificent job. I want to say 
that before I make these comments.
  Mr. Chairman, this is wrong. New York deserves a whole lot better. We 
know there are certain religious groups, certain agencies locally that 
are trying to do all that they can do during this crisis, but this 
cannot be resolved without the help of the Federal Government.
  A $20 billion promise was made and only half of that money is now 
being appropriated. The question is: What do we do about the other $10 
billion? Well, somebody said, trust us, we will give it to you. Just 
trust. And then somebody said, pray and maybe it will happen. I think 
New York deserves a lot better than that.
  Anytime there has been a crisis anywhere, New Yorkers have been there 
on behalf of whoever. That is one thing about us, that we have 
demonstrated our generosity down through the years. And to come here 
today and have our colleagues say to us, we will give you this and you 
just have to trust and wait for later, I think that is the wrong 
attitude to take.
  We have hospitals that have already spent $140 million in direct 
costs, directly related to the World Trade Center disaster, and they 
have only gotten back $35 million. These hospitals are now laying off 
people because they do not have enough money to continue to function. 
And my colleagues are saying do not worry about it, it is all right? I 
think that when it comes to our hospitals laying off people, I think we 
should be very, very concerned about that, because that is something 
that we cannot afford the luxury of.
  The other thing that I think we should be very concerned about is 
that we have people now with no health insurance as a result of the 
sudden action that we are taking. We should move now to keep our 
commitment that we made. I think we should do it now.
  What has happened to us, let us face it, can happen anyplace, 
anywhere, and we all are Americans.
  Mrs. LOWEY. Mr. Chairman, I am pleased to yield 2 minutes to the 
gentleman from New York, (Mr. Weiner).
  Mr. WEINER. Mr. Chairman, I thank the gentlewoman for her leadership 
on this issue. And at the risk of doing harm to them politically, I 
want to thank the gentleman from New York (Mr. Sweeney) and the 
gentlewoman from New York (Mrs. Kelly) for their great leadership on 
this issue.
  We passed Public Law 107-38, and it says $20 billion shall be 
expended in New York. It does not say anywhere ``eventually,'' it does 
not say anywhere ``someday,'' and it does not say anywhere ``when we 
get to it.'' It was an allocation of funds for this year. It is the 
law. This should not be misunderstood. It was not an optional thing. It

[[Page 23262]]

was not ``maybe we will do it.'' It is the law. We made a commitment to 
do it; and, frankly, the President of the United States looked us in 
the eye and gave us that commitment.
  But there is a myth that has been perpetuated here today that, well, 
New York has gotten everything that it has asked for. Well, that is 
baloney. New York has gotten together, and Governor Pataki has asked, 
Mayor Giuliani has asked, Republicans have asked, and Democrats have 
asked how to spend that $20 billion; unemployment benefits, extension 
of COBRA, Workmen's Comp., extension of tax credits to redevelop lower 
Manhattan. We have asked. It is not coming.
  Finally, we have heard on some level the words have been to ``trust 
us.'' And, frankly, we do. Chairman Young has been great on this stuff. 
And, to be honest, New York has lost a little bit of its swagger. We 
have been hit with a couple of body blows. But all we are saying now is 
that this is the time. There will be other emergencies, there will be 
other urgent needs, and there will be other things this country will 
face. If anthrax did not teach us, nothing will.
  This is a time when New York needs it. This is a time when New York 
has been promised. We trust this House will do the right thing, and the 
right thing is to pass the Lowey-Sweeney amendment.
  Mrs. LOWEY. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
New York (Ms. Slaughter)
  Ms. SLAUGHTER. Mr. Chairman, today, my colleagues from New York and I 
are on this floor fighting to guarantee that this Congress and the 
administration fulfill the promise made to us in law.
  We find ourselves working against an inexplicably stealth campaign by 
the White House to delay, perhaps indefinitely, the needed aid to our 
city. In public, the administration officials make statements like, 
``An agreement is an agreement is an agreement.'' But in private they 
have made it known to the House leadership that the President would 
veto any spending bill with New York's funds in it, forcing the 
Committee on Appropriations to abandon ongoing bipartisan discussions 
to craft such an amendment.
  In public, the President vows that New York will receive everything 
it was promised; but in private, Vice President Cheney lobbied members 
of the majority to vote against the efforts to allocate this aid.
  I am at a complete loss as to why the administration would wage this 
underground campaign to deny New York the needed funding in its hour of 
need. If there is a legitimate and reasonable explanation, we would 
like to hear it. To date, however, we can only guess as to the 
motivation.
  Mr. Chairman, New York holds a special place in our Nation's history 
and culture. It was the first capital of the newly formed United 
States, the historic gateway for the immigrants who built our country, 
and home to the Statute of Liberty. It is a cultural mecca, an 
international financial center, and a beacon of opportunity. New York 
personifies the spirit of our whole Nation. It is big, bold, modern and 
ambitious. And that, Mr. Chairman, is why New York City was attacked.
  As many others have said, New York took the blow, but America was the 
target. It should be a matter of our national pride not only to help 
New York recover but to go above and beyond the call of duty to restore 
this city to health. I find it incomprehensible that some seem to be 
trying, instead, to do the least amount possible for this devastated 
and wounded city.
  I urge my colleagues to join me in supporting the Sweeney-Lowey 
amendment.
  Mrs. LOWEY. Mr. Chairman, I am pleased to yield 2 minutes to the 
gentleman from New York (Mr. Crowley).
  Mr. CROWLEY. Mr. Chairman, I thank the gentlewoman from New York for 
yielding me this time.
  I want to thank the entire New York delegation. I am proud to work 
with all my colleagues these past few weeks after the attack on New 
York on September 11, and never more proud than I am right now on this 
floor to stand behind the Sweeney-Lowey amendment.
  Let me thank my colleagues, the gentleman from New York (Mr. Walsh) 
and let me thank the gentleman from Florida (Mr. Young), the chairman, 
for their efforts. Let me especially thank the gentlewoman from New 
York (Mrs. Kelly), and my good friend the gentleman from New York (Mr. 
Sweeney) for standing with us on this amendment.
  A great deal has been said about the wound that was inflicted upon 
our great city, but sometimes, as someone who was personally affected 
by this, I find it easier to talk about it in metaphor.
  On September 11, a dagger was struck into the heart of the city of 
New York that has left a gaping wound for the last 2 months. That wound 
has not healed; has not even been bandaged. It is bleeding. New York 
City is still bleeding today and will continue to bleed.
  We have the best economic surgeons, the best economic doctors in the 
world. They know how to fix it. They know what medication the wound 
needs, but they are saying they just cannot get the right dosage.

                              {time}  1915

  Mr. Chairman, that is what we are talking about here. We are asking 
for the money that was promised to the city. That is all. Where we find 
ourselves now is that we are relegated to glorified begging. We, the 
delegation of New York, after having sustained the blow on September 
11, after sustaining the loss of the Twin Towers, after having 
sustained the loss of thousands of individuals with lives and talents, 
everything that goes into making an individual a person, thousands have 
been lost.
  On top of that, we are told that we are not going to get the full 
funding that we were told we would get in the spirit of unity just 2 
months ago. We have to go back to our constituents and say, I know we 
were told we were going to get that money, we will not get it yet and 
we will have to wait 4 or 5 months down the road, and hopefully then we 
will be successful and get this money for New York.
  I do not know how Members of Congress can vote against this amendment 
and go back and the next time there is a disaster in their area and 
react to their constituents when they say, Where is the money?
  Mrs. LOWEY. Mr. Chairman, I yield 2 minutes to the gentleman from New 
York (Mr. Israel).
  Mr. ISRAEL. Mr. Chairman, New York's economy is in deep trouble. We 
lead dozens of States in economic decline. Jobs are being lost. Small 
businesses are going under. Municipal governments are going back into 
debt. Fire and police budgets are strained.
  I do not represent New York City; I represent Long Island, but my 
district sends thousands of commuters into New York City every day, and 
our jobs depends on jobs in New York City. Our economies are linked.
  This House has just approved a $25 billion retroactive repeal of the 
alternative minimum tax for the richest corporations of America. If we 
can find the money for Enron and we can find the money for IBM, we 
should be able to find the money for people who have lost their jobs 
and their health insurance and their unemployment insurance and the 
small businesses who are being forced out of business in New York 
today. We have done it for others. It is time to do it for New York.
  Mrs. LOWEY. Mr. Chairman, I yield 2 minutes to the gentleman from 
Hawaii (Mr. Abercrombie), a former New Yorker.
  Mr. ABERCROMBIE. Mr. Chairman, I thank the gentlewoman for yielding 
me this time.
  Mr. Chairman, just last week I was on this floor lamenting as 
intently as I could bring to bear the idea that we were passing a bill 
having to do with the Andes and so-called free trade when we were 
unable to come to a conclusion with respect to not just unemployment, 
but with respect to the human needs in this Nation, throughout this 
Nation.
  I said at that time why should people from New York have to come to 
the floor and beg for the opportunity to

[[Page 23263]]

have a redress of this egregious grievance that has been committed 
against us in the United States. I have an article here on what was 
called a bone-sopping rainy day, hundreds of unemployed people in 
Waikiki coming hoping they could get a job working on invasive species 
in Hawaii, to work with their hands in the fields to try to work to 
make our environment better.
  We have 31,000 people out of work directly as a result of September 
11. What I am asking is cannot the example of the gentleman from 
Florida (Mr. Young) and the gentleman from Wisconsin (Mr. Obey) and the 
appropriators here be brought to bear when we deal with the other bills 
that are coming forward with respect to how we are going to deal with 
the economic trauma that has hit the whole country?
  Mr. Chairman, perhaps the gentleman from California (Mr. Thomas) at 
that time misunderstood my quest that day. I voted against the Democrat 
bill and the Republican bill that is supposed to be dealing with 
economic stimulus. Let us use what the gentleman from New York (Mr. 
Walsh) has done and what the gentleman from New York (Mr. Hinchey), the 
gentlewoman from New York (Mrs. Lowey) has done, and what the gentleman 
from New York (Mr. Serrano) has done. Let us use what the gentleman 
from Florida (Chairman Young) has done by way of leadership on the 
economic stimulus program and as Republicans and Democrats draw 
together on behalf of the entire Nation with New York leading the way, 
and this amendment leading the way, showing us what we can do as 
Americans to come together and have victory.
  Mrs. LOWEY. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I would like to close by thanking again the gentleman 
from Florida (Mr. Young), the chairman of the full Committee on 
Appropriations, who has made it clear over and over again that when the 
United States was attacked, we were all Americans, we were all New 
Yorkers. The gentleman has expressed to me his concern, his 
observations, the pain that he saw when he visited Ground Zero. I feel 
confident that we are going to continue this process.
  For me it was very gratifying to work in a bipartisan way with my 
colleagues, the gentleman from New York (Mr. Sweeney), the gentleman 
from New York (Mr. Walsh), the gentleman from New York (Mr. Reynolds), 
with all of the appropriators and the New York delegation, to make it 
clear to our colleagues that although the United States was attacked, 
New York has been suffering extraordinary pain.
  As New Yorkers we go home every weekend. We look in the eyes of those 
who lost their loved ones, their sisters, husbands, family members. 
Life will never be the same for any of us; but for New Yorkers, they 
feel that every single day. We were all in the office when the 
President made the commitment of $20 billion to New York. I feel 
confident that the President of the United States will keep that 
commitment. In fact, from the chairman of the Committee on 
Appropriations to the ranking member who has been so supportive, the 
gentleman from Wisconsin (Mr. Obey), all of the Members have made it 
clear that this is a floor, it is not a ceiling.
  I hope, Mr. Chairman, that although today it is tremendously 
disappointing to all of us that that commitment that is so needed now 
so we can rebuild, so we can plan, so we can make sure that New York 
regains its former glory, I would hope that in the days, not months 
ahead, we can somehow find the vehicle to keep that promise. There are 
an awful lot of people in New York who heard that promise, who heard it 
again and again who are counting on it, who understand that when the 
President of the United States speaks and the Congress of the United 
States speaks, that word, that word can be believed by everyone.
  Mr. Chairman, let us work together again in a bipartisan way to 
ensure that in the days and the weeks ahead we can keep that 
commitment. I am sorry that it cannot be done this evening, but I know 
that Members' hearts and thoughts are with us every day. Mr. Chairman, 
again I thank the entire New York delegation.
  Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from New York 
(Mr. Meeks).
  Mr. MEEKS of New York. Mr. Chairman, I believe this is a sad state of 
affairs. What took place on September 11 was not a New York tragedy; it 
was a national tragedy. As a result, we spoke with the President of the 
United States, and he pledged $20 billion to the City of New York.
  We all know that to repair the damage that took place to the United 
States of America that happened to be in the City of New York will cost 
far more than $20 billion. But the President pledged $20 billion. We 
negotiated and we thought we had agreed that we had at least $20 
billion in this appropriation, in this year, that the city could count 
on in rebuilding the World Trade Center area.
  And then to come back and to only receive $11 billion, not knowing 
when the $9 billion will come and having some promise in the future 
about when the $9 billion will come will not help restore what needs to 
be done in New York City.
  We need to make sure now, not just for New York City, but for our 
Nation, that we rebuild in that area. We need the $20 billion, not 
sometime in the future, but now, as promised. We heard the President 
say during the campaign, ``I mean what I say, and I say what I mean.'' 
We want the President to say what he means and let us have the $20 
billion now.
  Mr. YOUNG of Florida. Mr. Chairman, I yield myself such time as I may 
consume.
  Mr. Chairman, I do not disagree with almost anything I heard this 
afternoon. All I will say is that the commitment was made and it will 
be kept. The only question is one of timing. I take the President at 
his word that at the appropriate time the request will be made for the 
additional money for New York, and I will move that supplemental 
request just as quickly as I possibly can.


                             Point of Order

  Mr. YOUNG of Florida. Mr. Chairman, at this point, I would make a 
point of order against the amendment because it proposes to change 
existing law and constitutes legislation in an appropriation bill and 
therefore violates clause 2 of rule XXI. The rule states in pertinent 
part: ``An amendment to a general appropriations bill shall not be in 
order if changing existing law.''
  The amendment includes an emergency designation under section 251 of 
the Balanced Budget and Emergency Deficit Control Act of 1985; and as 
such constitutes legislation in violation of clause 2 of rule XXI. I 
ask for a ruling from the Chair.
  The CHAIRMAN. Does the gentlewoman from New York wish to be heard on 
the point of order?
  Mrs. LOWEY. Mr. Chairman, no, since I have no options available to 
me.
  The CHAIRMAN. The Chair is prepared to rule on the point of order.
  The Chair finds that this amendment includes new emergency 
designations under section 251(b)(2)(a) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. The amendment, therefore, 
constitutes legislation in violation of clause 2 of rule XXI.
  The point of order is sustained, and the amendment is not in order.


                   Amendment Offered by Mr. LoBiondo

  Mr. LoBIONDO. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. LoBiondo:
       Page 183, after line 18, insert the following:
       For an additional amount for such purpose, $60,235,000, to 
     remain available until expended: 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.

  Mr. LoBIONDO (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
New Jersey?
  There was no objection.
  Mr. YOUNG of Florida. Mr. Chairman, I reserve a point of order on the 
amendment.

[[Page 23264]]

  The CHAIRMAN. A point of order is reserved.
  Mr. OBEY. Mr. Chairman, I also reserve a point of order on the 
amendment.
  The CHAIRMAN. A point of order is reserved.
  Mr. YOUNG of Florida. Mr. Chairman, I ask unanimous consent that 
debate on this amendment and any amendments thereto be limited to 20 
minutes, to be equally divided and controlled by the proponent and 
myself.
  Mr. OBEY. Mr. Chairman, reserving the right to object, on the 
minority side, will we be yielded some time under that arrangement?
  Mr. YOUNG of Florida. Mr. Chairman, I would ask unanimous consent 
that of my 10 minutes, that 5 minutes be yielded to the gentleman from 
Wisconsin (Mr. Obey) for the purpose of control.
  Mr. OBEY. Mr. Chairman, I withdraw my reservation of objection.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Florida?
  There was no objection.

                              {time}  1930

  Mr. LoBIONDO. Mr. Chairman, I yield myself such time as I may 
consume.
  My amendment provides for full funding of the President's 
antiterrorism emergency supplemental spending request of $203 million 
for the Coast Guard to maintain its aggressive response to terrorist 
threats to our Nation's ports and waterways.
  I want to thank and commend Chairman Young for his very strong 
commitment and support to the Coast Guard over the years. Chairman 
Young has understood the needs of the Coast Guard, has attempted to 
work with us, and I hope that in the future we will be able to continue 
that. But the reality, Mr. Chairman, is that since September 11, the 
Coast Guard has increased its counterterrorism operations using 
existing personnel, vessels and aircraft, augmented by Reserves and 
auxiliary personnel. Without immediate additional resources from 
Congress, this posture is unsustainable.
  For this reason, I am shocked that the supplemental funding bill that 
we are considering today cuts nearly one-third of the President's 
request. Mr. Chairman, this is not my request. This is not a request of 
some other body or entity. This is a request of the President of the 
United States. The request for this Coast Guard supplemental funding is 
absolutely essential. The failure to include these funds for Coast 
Guard operations means that the President must choose between ensuring 
a safe counterterrorism posture for our ports and waterways and 
providing an adequate level of drug interdiction and other maritime law 
enforcement operations. This is an unacceptable choice.
  Earlier this year, the House voted 411-3 in support of the 
authorization bill that funded the President's request for the fiscal 
year 2002 to the tune of $5.4 billion. Mr. Chairman, at that time, 
almost every Member of Congress stood up, wanting to voice their 
support to vote for the Coast Guard, to make strong statements about 
the tremendous job that the Coast Guard has been doing, and we thought 
we were finally on a roll with people understanding that the Coast 
Guard has been doing an exceptional job.
  The President requested $203 million for the increased efforts of the 
Coast Guard in this supplemental. The amendment that I will offer would 
restore approximately $60 million in funding due to the emergency 
status that the Coast Guard has been operating under since September 
11.
  For the past several years, the Coast Guard has suffered from 
significant funding shortfalls. During fiscal years 2000 and 2001, the 
Coast Guard was forced to reduce law enforcement operations by up to 30 
percent due to insufficient funds. Without the President's request for 
supplemental funding, the Coast Guard will be forced to reduce 
operations immediately by 15 percent. I do not think that is acceptable 
to any of us, Mr. Chairman. To put this in real terms, cutting this 
funding would keep a number of cutters, helicopters, aircraft and 
patrol boats sitting idle for up to 6 months, unable to safeguard our 
ports, unable to save lives, unable to respond adequately to threats to 
America.
  Mr. Chairman, this means that the very successful program of drug 
interdiction that the Coast Guard has embarked upon would be forced to 
be set aside so that the Coast Guard could use its scarce assets to 
protect our ports. This is not a choice they should be forced to make.
  Congress acted to safeguard our airways recently. We listened to the 
debate about the economic impact that aviation has on our Nation's GNP. 
We must now act to safeguard our ports and waterways. Maritime 
industries contribute over $740 billion to the gross domestic product 
annually, and we cannot allow the guardian of this economic engine to 
go underfunded. We have thousands of containers that come into our 
ports. The Coast Guard is required to implement a program that they 
have been grossly underfunded to implement. It is time to recognize 
that.
  I want to commend the Coast Guard for their enormous efforts to 
safeguard the American people in the wake of the attacks of September 
11. All U.S. ports remain open to commerce with an increased security, 
and currently the Coast Guard enforces 110 maritime security zones. I 
was honored to again visit Coast Guard Group Air Station Atlantic City 
yesterday and to hear their comments about their increased missions. 
Mr. Chairman, I looked into the eyes of the young men and women who 
have been so motivated, so well trained, so ready for duty, I listened 
to how they have stepped forward in this time of need of their Nation, 
willing to put themselves in harm's way, no different than men and 
women who have traveled to Afghanistan with our Special Forces or 
Marines. I listened to how the Coast Guard has been asked to board 
ships to check manifests of cargo and crew to match up from foreign 
nations; a boarding party that does not know what they are running 
into, a boarding party that does not know what they are going to find. 
Yet these young men and women are willing to do it time and time again. 
How can we look into their eyes and tell them that their efforts are 
not recognized by resources necessary to keep up this mission?
  I was impressed by their can-do spirit and by their willingness to 
serve their country and do whatever is necessary. I am disappointed 
that this House is not providing the resources they need. Without 
increasing the available resources, the Coast Guard simply will be 
unable to protect these vessels and our port facilities, despite the 
tremendous efforts of these young Americans.
  The Commandant of the Coast Guard, Admiral Loy, said the following 
about the budget concerns of the service and I am quoting: ``Post-
September 11, our national interests require that all Coast Guard 
resources be operated at their historical level. The President's 
supplemental request of $203 million for the Coast Guard reflects the 
minimum funding required to meet these national security obligations.'' 
This is the gentleman that we have entrusted to lead our Coast Guard, 
to head our Coast Guard, who has made this statement.
  The $203 million in Coast Guard supplemental funding is imperative to 
ensure we are adequately protecting our 95,000 miles of waterways and 
coastlines. We must take a shared responsibility to assure that our 
ports and waterways are protected from terrorism and other security 
threats. The Coast Guard is doing their best to preserve our Nation, 
and they deserve nothing less than our best to make sure that they can 
do their job.
  Mr. Chairman, I reserve the balance of my time.
  Mr. OBEY. Mr. Chairman, I yield myself 2 minutes.
  Mr. Chairman, if I understand this correctly, this is what I refer to 
as a holy-picture amendment. The administration asked for 200-and-some 
million dollars for the Coast Guard. The bill before us cut it by $58 
million. I tried earlier today to defeat the rule under which this bill 
is being considered so that we could add not just the $60 million that 
the gentleman is asking to be

[[Page 23265]]

added to the Coast Guard's budget, but $223 million so that we could 
fully finance the increased pace of Coast Guard operations to combat 
terrorism for an entire year rather than the 6 months that is in the 
bill. I find it interesting that the gentleman voted against our 
efforts to in fact make in order the amendment which the House could 
under the rules have adopted, and yet is pursuing today an amendment 
which is clearly going to be ruled out of order. I find that effort 
enough to give inconsistency a bad name.
  Mr. Chairman, I reserve the balance of my time.
  Mr. ROGERS of Kentucky. Mr. Chairman, I continue to reserve the point 
of order, and I yield myself such time as I may consume.
  Mr. Chairman, I join the gentleman from New Jersey (Mr. LoBiondo) and 
the eloquent statement that he made about the valiant efforts of our 
men and women in the Coast Guard and the great work that they are doing 
and have done and will continue to do.
  This bill, as we all know, is to deal with the funding for activities 
directly responding to the terrorist attacks of September 11. That is 
why in the bill we have included almost $145 million for that purpose. 
Included in that figure, $110 million, new dollars, for Reserve 
activation, $31 million for increased homeland security capability, and 
$3.6 million for chemical, biological and radiological strike teams; 
all of those related, of course, to the activities responding to the 
terrorist attacks.
  However, the administration requested an additional $58 million which 
the committee bill does not include because, in discussions with the 
Coast Guard, the majority of these dollars were not for the purpose of 
responding to the terrorist attacks, but to restore moneys which the 
Coast Guard deleted itself from its fiscal year 2002 budget request, 
the regular expenses of the Coast Guard. Those moneys we can deal with 
in the regular appropriations bill or a supplemental if it should be 
necessary at a later time. But this bill funds the Coast Guard for the 
activities related to September 11, like the other provisions of this 
bill. It does not deal with the regular operating funds for fiscal year 
2002. That bill will be on the floor momentarily, this week I hope, 
which will include funds for the Coast Guard for fiscal year 2002. I 
believe that the gentleman from New Jersey will be pleased with that 
bill. I hope he is.
  We cannot find all the money that I would like to find for the Coast 
Guard, but in this bill I have to say that we have done, I think, well 
by the Coast Guard dealing with the aftermath of September 11. We can 
deal with the fiscal year 2002 moneys in another bill, hopefully this 
week.
  So I reluctantly rise to oppose the gentleman's amendment. It is well 
intentioned and well meant. I commend the gentleman for his enthusiasm 
for the Coast Guard and the mission that it has been assigned by us to 
do and which they are carrying out with great success.
  We salute the men and women of the Coast Guard. We thank them for the 
tremendous service they are giving our Nation. We want to see that they 
have the adequate funding that they desperately need. We will do that 
in the appropriate bills coming before the House in the appropriate 
order, rather than fund fiscal year 2002 needs in this emergency 
supplemental bill dealing with the aftermath of September 11.
  Mr. Chairman, I reserve the balance of my time.
  Mr. LoBIONDO. Mr. Chairman, I yield 1 minute to the gentleman from 
Indiana (Mr. Souder).
  Mr. SOUDER. Mr. Chairman, I appreciate the difficulty that the 
subcommittee chair and the full committee chair have with the moneys; I 
know these things are very difficult to balance, but it is clear we 
have an emergency in the Coast Guard. We have had to divert the Coast 
Guard to antiterrorism protection in New York Harbor, Boston Harbor, in 
Puget Sound, in the Great Lakes. We have pulled them off of their other 
resources in order to guard the nuclear power plants and other chemical 
facilities on the water.
  What it has done is it has pulled many of them out of the Caribbean 
where they were in the forefront of our antidrug effort, temporarily. 
They are moving back and forth. We have a shortage. We cannot do both 
things. Similarly on the California coast and in the Pacific, we have 
fisheries questions, we have safety questions, we have increasing 
immigration, water interception things coming through the Pacific 
Ocean. It is clear that we have an emergency as well.
  I encourage you strongly as we move towards the supplemental to 
address this. I understand that your budget is extremely tight, there 
is general sympathy for the difficulty, but we have to have more for 
the Coast Guard, our most neglected service, because they are being 
asked to do double and triple and quadruple duty.
  The events of September 11, 2001 have changed this Nation forever. So 
many people were affected, so many agencies and people have had to make 
sacrifices, and work so hard, to meet the national security needs of 
America these past 3 months, and they continue to do so. The Coast 
Guard is one of the foremost of these agencies, and the men and women 
who serve are some of those people, they have doubled and redoubled 
their efforts to tackle their normal multi-mission responsibilities, 
along with the massive increase in Homeland Security requirements that 
were placed on their shoulders as a result of this national crisis. In 
fact, the Coast Guard took on the responsibility of sweeping the 
Capitol and our office buildings in response to the Anthrax threat.
  As a multi-mission, maritime, and military service, the Coast Guard 
is a leader in America's maritime security. They array their ships, 
planes, and people against multiple National Security threats including 
drug smuggling, alien migration, protection of fish our fish stocks, 
and of course terrorism.
  Along with these law enforcement missions, they tackle their other 
traditional missions, of Search and Rescue, Maritime Safety, 
Recreational Boating Safety, Aids to Navigation, to name a few.
  Their motto, Semper Paratus, Always Ready, has been put to the test 
many, many times, and without fail, they have come through, it's now 
our turn to come through for them through adequate funding.
  They have worked around the clock since 11 September, increasing 
their presence to protect ports and maritime transportation 
infrastructure, boarding commercial vessels at sea, instituting a 
successful Sea Marshal program at many of their ports, escorting our 
Navy Ships entering and departing ports, and enforcing Security Zones 
in protection of critical infrastructure points along our shores.
  There was a dramatic mission shift for the Coast Guard come 11 
September, once again they proved to be very felxible, very can-do, 
these are their greatest strengths. They have met the current crisis, 
they continue to increase their effectiveness, they continue to say Aye 
Aye, but it has not come without a cost.
  The cost has been that their people, their equipment, have been 
pressed -071o their limit. The increase in their operational tempo, 
regardless of the mission emphasis, has drained their crews depleted 
their surge capacity. Some air stations and many of their other field 
commands are beginning to express concern about their Search and Rescue 
posture based on crew fatigue, lack of resource maintenance, and lost 
training opportunities in certain mission areas. Sustainability of 
their current operational pace is a growing service concern.
  The cost has also been their presence, or lack thereof, in other law 
enforcement mission areas due to their limited resourcing. Shifts in 
protecting ports and maritime transportation infrastructure yielded 
activity levels near zero in fisheries enforcement and Alien Migration 
Interdiction Operations. The Coast Guard is the designated lead agency 
for maritime drug interdiction and shares lead agency responsibility 
for air interdiction with the Customs Service, but is now down to less 
than half of the previous level of activity.
  This can not and should not continue. Declines in these mission areas 
are not in the long term national interest especially drug 
interdiction. Increased profits for illegal drug smuggling is channeled 
into the coffers of terrorist organizations thereby giving them 
additional resources to mount further strikes against our homeland.
  The Coast Guard has broad enforcement and regulatory civil 
authorities, military capabilities, and a coastal and offshore presence 
to bring to bear against Homeland Security requirements, they will 
protect our Nation's largest, and perhaps most vulnerable border a

[[Page 23266]]

95,000 mile coastline with hundreds of ports. But they are a multi-
mission service which can not possibly meet these new homeland security 
requirements as well as other mission requirements without significant 
increases in both people, assets and overall funding.
  Comparing the new security environment and the new demands it places 
on the Coast Guard, the Coast Guard mission requirements in other 
mission areas and the services current capability there are major gaps 
we need to assist * * * we need to do our best to help fill those gaps.
  In the House mark-up of the Emergency Supplemental appropriation, the 
Coast Guard's figure has been cut from $203M to $145M a $58M cut that 
will directly take away from the Coast Guard's ability to handle sorely 
needed depot level maintenance, much of the maintenance that was 
deferred as a result of the current crisis as well, this cut will not 
allow Coast Guard operational assets their cutters, small boats, and 
aircraft, to operate at their optimum levels. Now is not the time to be 
cutting the Coast Guard. We need them to be operating at their absolute 
maximum level in order for them to have any chance of meeting America's 
present and future needs.
  The Coast Guard has been Semper Paratus for America, day in and day 
out. In their time of need let's do our part to be Semper Paratus, 
Always Ready for them.
  Coast Guard's capability has been reduced due to chronic maintenance 
funding shortfalls; 15 percent operational reduction proposed in the FY 
2002 President's budget limits the Coast Guard's ability to operate at 
the levels necessary for the national interest; Cutters, boats, and 
aircraft are thoroughly involved in the Coast Guard's port safety and 
security missions and are a key component of the service's Homeland 
Security mission; The Coast Guard cannot take on the increased Homeland 
Security demands without first ensuring their assets are properly 
supported and maintained; and Overall operational level must be 
increased to ensure that the service can continue other missions 
critical to national security such as marine safety, alien migrant 
interdiction, living resources enforcement, and counter-drug 
operations, while maintaining a robust Homeland Security force.
  Mr. LoBIONDO. Mr. Chairman, I yield 1 minute to the gentleman from 
Connecticut (Mr. Simmons).
  Mr. SIMMONS. Mr. Chairman, I rise in support of the amendment and I 
rise in support of any effort to increase dollars to the Coast Guard. 
As the vice chairman of the Subcommittee on Coast Guard and Maritime 
Transportation, I have worked very closely with the gentleman from New 
Jersey, and I am intimately aware of the difficulties that the Coast 
Guard is facing under its current fiscal constraints. I also host the 
Coast Guard Academy in my district and have for many years been 
involved in those issues.
  Now more than ever, we need resources to defend our 95,000 miles of 
shoreline and our hundreds of ports. Also, for those of us who have 
nuclear power plants in our districts, along rivers and on the coastal 
waters, defense of those littoral shores is critically important, and 
that even as we speak and even as we have deployed over 30 percent of 
the Coast Guard Reserves, we cannot provide adequate security along 
those shorelines for those facilities.

                              {time}  1945

  So as I understand the conversations of the distinguished chairman, 
we are going to be addressing these issues in the future. I certainly 
hope so.
  Mr. LoBIONDO. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, I would like to thank the gentleman from Kentucky (Mr. 
Rogers) for his comments and his willingness to recognize that the 
Coast Guard desperately needs additional funding, if I heard the 
gentleman correctly. I would also like to apologize for any breach in 
communications that we obviously have experienced in the translation of 
the Coast Guard's needs to what the gentleman from Kentucky (Mr. 
Rogers) has understood them to be, and I express my willingness on 
behalf of our committee to work with the gentleman to try to eliminate 
those kinds of communication gaps in the future.
  I think we have all been able to come together, and this has been 
productive, in acknowledging that the Coast Guard is doing a tremendous 
job, and they do desperately need additional supplemental funds to keep 
going.
  So, with that, Mr. Chairman, I once again thank the gentleman from 
Kentucky (Mr. Rogers) for his acknowledgment of the situation.
  Mr. BARCIA. Mr. Chairman, I rise today in support of the LoBiondo 
amendment to restore critical Coast Guard funds which are stripped by 
this bill.
  It's no secret that there is a significant difference between what 
the Coast Guard needs to run its day-to-day operations and to make 
needed acquisitions and what they have received recently through the 
budget process.
  Earlier this year, the Administration put forth a budget that 
included a 15 percent reduction in Coast Guard Operations, but that was 
before September 11--before the Coast Guard shined in its role 
responding to the attacks of that day, even though it was already 
stretched so thin.
  The demands placed on the Coast Guard since September 11 forced the 
Administration to reconsider and agree to include $203 million in the 
its emergency supplemental request for the Coast Guard.
  But the bill currently before the House cuts that number by $60 
million. Without the full $203 million, the Coast Guard will literally 
not be able to meet its national security obligations.
  Can we really afford to have drastic operational cuts in an 
organization that is such an integral part of our national defense and 
plays such a critical role in our maritime safety, security, and 
mobility? As we all know, the answer is a resounding ``no.''
  With more than 600 miles of coastline in my District in Michigan, the 
Coast Guard's numerous missions-- from ice-breaking to search and 
rescue, from drug interdiction to marine environmental science--are 
critical to the health and safety of my constituents.
  More than that, the Coast Guard is critical to our nation's defense--
our homeland security. The cuts included in this bill are 
unconscionable because they are unsafe.
  Thanks to the impressive leadership on the Coast Guard Subcommittee 
and within the Coast Guard Caucus, I am hopeful that this problem will 
be rectified and the Coast Guard will be able to continue to provide 
the nation with the high level of services we have come to know and 
rely on so heavily.
  I urge all of my colleagues to support the LoBiondo amendment.
  Mr. LoBIONDO. Mr. Chairman, I ask unanimous consent to withdraw my 
amendment.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
New Jersey?
  Mr. OBEY. Mr. Chairman, reserving the right to object, I would simply 
note that the gentleman earlier today voted in such a way that made not 
only my amendment not in order, but it also made the very amendment 
that he is offering tonight not in order.
  Mr. Chairman, I withdraw my reservation of objection.
  The CHAIRMAN. Hearing no objection, the amendment is withdrawn.
  There was no objection.
  Mr. WATT of North Carolina. Mr. Chairman, I move to strike the last 
word.
  Mr. WATT of North Carolina. Mr. Chairman, today, as I rise in support 
of the Defense Appropriations bill, I want to draw my colleagues' 
attention to the strong cooperation and support the United States has 
received from the Republic of Kazakhstan.
  Kazakhstan is a former Soviet state celebrating their 10th 
anniversary of independence from the Soviet Union on December 16 of 
this year.
  Today's Defense Appropriations bill provides $403,000,000 to assist 
the republics of the former Soviet Union in the elemination and the 
safe and secure transportation and storage of nuclear, chemical and 
other weapons. Unfortunately, this level of funding is totally 
insufficient and is, in fact, much less than the President requested 
for this important purpose. It also helps fund programs to prevent the 
proliferation of weapons, weapons components and weapon-related 
technology and expertise. This money would aid Kazakhstan, which 
borders Russia and is located near Afghanistan. Kazakhstan is a 
strategic friend and business partner of the United States.
  On September 15, 2001, following the September 11 attacks on the 
United States, President Nursultan Nazarbayev of Kazakhstan said:
  In these tragic days for America, the people of Kazakhstan are 
grieving together with the American people about the death of thousands 
of innocent people.
  I am closely following the situation as it unfolds. We stand on the 
position that the terrorists must be punished, as well as those 
harboring the terrorists.

[[Page 23267]]

  The United States and its Security Council have condemned the 
barbarian act of terrorism and called upon the world community to take 
resolute actions.
  Therefore, Kazakhstan is ready to support the measures undertaken by 
the United States to fight against terrorism, with all the means 
available.
  Kazakhstan has always been standing against terrorism and is ready to 
participate in creation of a real international coalition of countries 
to fight against the international terrorism.
  We proceed from the assumption that retaliation should not only be 
effective, but also should be just. This requires that the state should 
act with great deal of responsibility. And we rely upon the wisdom of 
the American leadership. We were pleased to learn that the United 
States wants to know for sure who has perpetrated these barbaric acts 
and helped the terrorists before taking actions.
  Today I sent a letter to U.S. President George Bush. I expressed 
Kazakhstan's support for the U.S. actions aimed at fighting against the 
international terrorism, the global evil that has developed metastases 
across the entire world.
  We hope the American people will be able to quickly cope with the 
heaviest psychological blow and remain committed to their great 
historical values.


          Amendment Offered by Mr. George Miller of California

  Mr. GEORGE MILLER of California. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. George Miller of California:
       At the end of the bill, add the following:

               DIVISION C--ADDITIONAL GENERAL PROVISIONS

       Sec. __. None of the funds made available under the heading 
     ``Community Development Fund'' in chapter 14 of division B 
     may be used to carry out the first proviso, or any activity 
     (except community development that provides public services 
     for employment and health as described in section 105 of the 
     Housing and Community Development Act of 1974 (42 U.S.C. 
     5305) that are wage supplements and health insurance 
     assistance to unemployed workers), under such heading.

  Mr. GEORGE MILLER of California (during the reading). Mr. Chairman, I 
ask unanimous consent that the amendment be considered as read and 
printed in the Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
California?
  There was no objection.
  Mr. ROGERS of Kentucky. Mr. Chairman, I ask unanimous consent that 
debate on this amendment and any amendments thereto be limited to 60 
minutes, to be equally divided and controlled by the proponent and an 
opponent.
  Mr. GEORGE MILLER of California. Mr. Chairman, reserving the right to 
object, I have a lot of people who said they want to speak. Could I ask 
that we do that after we have our opening statements. I think I will 
only take 3 or 4 minutes.
  Mr. ROGERS of Kentucky. Mr. Chairman, I think the agreement was for 
60 minutes.
  Mr. GEORGE MILLER of California. I understand that; 30 minutes a 
side, as I understand it. I would like to make my opening remarks, and 
then have the time limit take effect. If the gentleman wants to do the 
same on his side, we would have maybe 70 minutes. It may not be that 
long. I do not know if Members will come to the floor or not who said 
they want to speak.
  Mr. ROGERS of Kentucky. My understanding was the agreement was 60 
minutes total.
  Mr. GEORGE MILLER of California. I am asking if the gentleman would 
amend that to let the opening statements be made by myself and by the 
gentleman and then have the 60 minutes.
  Mr. ROGERS of Kentucky. Will the gentleman take approximately 5 
minutes?
  Mr. GEORGE MILLER of California. I think so.
  Mr. ROGERS of Kentucky. I would be willing to amend the unanimous 
consent request so that after the gentleman has a 5-minute opening 
statement, then the 60-minute clock would start to run.
  Mr. GEORGE MILLER of California. Mr. Chairman, I withdraw my 
reservation of objection.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Kentucky?
  There was no objection.
  The CHAIRMAN. The gentleman from California (Mr. George Miller) is 
recognized for 5 minutes.
  Mr. GEORGE MILLER of California. Mr. Chairman, I thank the gentleman 
for his agreement on the time, and I appreciate the additional time.
  Mr. Chairman, this is a very difficult amendment to offer, but it is 
a very essential amendment to offer for a number of reasons. First and 
foremost, those of us who represent States and localities that have 
suffered dramatic increases in unemployment, both before and since 
September 11, with people who are unemployed and were hoping to get a 
job, who had their chances of a job being secured greatly diminished 
because of the September 11 attacks, and those who were immediately 
unemployed after September 11, we have an obligation to those people to 
make sure that money will be available to help with extended 
unemployment benefits, unemployment benefits, COBRA benefits or health 
care supplements; and that is what this amendment does.
  What this amendment does is essentially try and reverse what the 
amendment of the gentleman from New York (Mr. Walsh) did that was made 
in order as part of the rule which gathered up unemployment funds from 
all across the country and then said we are going to give these to New 
York to use for whatever purposes they seek to do that through the 
Community Development Block Grant.
  This is also a very important amendment, because I think it helps to 
make a point, and that is that what happened in New York, what happened 
to the people of New York, to the State of New York, what happened in 
Virginia, what happened in Pennsylvania, was completely unanticipated, 
unknown by anybody and an emergency; and when the New York delegation 
from the Senate and the House asked for $20 billion, the President 
looked them in the eye and said, you have got it.
  Now we find out he said, you got it, sort of; and today we find out 
he said, you got it, but you got to go take it from all the unemployed 
people in the rest of the country.
  That is not what America expects us to do in response to the tragedy 
of New York. They expect us to deal with New York and to deal with the 
needs of this country. As they see more of their friends and neighbors 
becoming unemployed, they expect us to help those individuals, not 
steal their unemployment in the middle of the night and give it to New 
York.
  We want to help New York. We have all voted to help New York, and we 
are going to continue to vote to help New York. But what has happened 
with this amendment has put New York in a terrible position, because 
our friends and colleagues from New York who are desperately in need 
now finally have to look us in the face and say we have no alternative. 
We did not do this amendment. They took this money from you. They made 
this in order. This was not a matter of debate. They came around and 
picked it up.
  Now, let us understand what this amendment does. This amendment 
completely ignores what the Secretary of Labor told our committee when 
she came before our committee. Every issue that we asked her about, the 
unemployment crisis in this country, the decline in the economy, 
September 11, her answer was we have a block grant that we are going to 
give to the Governors, and the Governors can take care of health care, 
take care of unemployment. They can extend benefits. They can do 
everything.
  Now we find out that $1.8 billion has been taken out of that block 
grant. So if you are in California, where parts of our economy have 
been devastated because of the lack of travel, San Francisco, Los 
Angeles, Disneyland, Orange County, we lose $220 million. If you are 
from North Carolina, where people have been unemployed because of the 
problems with U.S. Air, the hospitality interests on the Outer Banks, 
they lose $54 million. The State of Washington, where the Boeing 
employees were hit immediately, were unemployed, what do we do in the 
State of Washington?

[[Page 23268]]

They lose $53 million. Hawaii, where almost instantaneously people were 
laid off because people stopped flying to Hawaii, people looking for 
jobs, low-wage jobs, people without a cushion, what did we do to 
Hawaii? We take 20 million of their dollars.
  It is simply not fair, and it is not right. It is not fair to New 
York to put the citizens of New York, the Representatives of New York 
and the victims of New York in this position, where they have to 
suggest that the only way they can be taken care of is to harm somebody 
else.
  These are people who have lost their jobs and continue to lose their 
jobs. The number of people who are running out of unemployment grew 
more than 60 percent in the third quarter over third quarter from year 
2000 to this year. In Michigan it is up 88 percent; Indiana, 91 
percent; North Carolina, 94 percent; Tennessee, 68 percent; Colorado, 
65 percent.
  So, as people who are going on unemployment at record rates, the 
demise in the economy, and people who are on unemployment but losing 
their benefits at record rates, the answer in this legislation is to 
take away the money that the Governors could use to try to help them 
pay for the health insurance, to extend their unemployment benefits, to 
provide them unemployment benefits if they do not qualify.
  That is the challenge of the Walsh amendment. That is the unfairness 
of the Walsh amendment. That is the unfairness of this bill, that we 
would take one group of Americans who may be in the process of losing 
their children's education, losing their car, losing their home, and we 
would say to them, rather than take care of you too, we are going to 
take what you desperately need, you desperately need for your family, 
and we are going to move that over to New York.
  Then to New York we say we are helping you, but we had to take it 
from millions of other Americans who are in desperate trouble; in many 
instances, Americans that are as in trouble, that lost their economic 
livelihood. Within days of this vicious attack on the World Trade 
Center, on the Pentagon, within days they became unemployed, because 
people realized that people were not going to get back on the 
airplanes.
  So what do we do with these people that were working at the airports, 
working at the hotels, working in the restaurant industry? We told them 
a couple of months ago, the Secretary of Labor said we are going to 
give the money necessary; the Governors are going to have it. But now 
what has happened in this bill with the acceptance of the Walsh 
amendment is we have gone out and gathered all of that money up.
  We cannot let that be the legacy of this Congress. We cannot help the 
victims of New York by creating victims in California, by creating 
victims in Hawaii, by creating victims in Wisconsin, by creating 
victims in Minnesota, where hundreds of thousands of people are now 
unemployed there because of the layoffs, with the layoffs of Northwest 
Airlines, the decline and cutbacks in the routes, with people in 
Minneapolis-St. Paul who do not have jobs. Do we really think that we 
can transfer their misery to New York and make New York whole? Of 
course we cannot. Of course we cannot.
  That is why the President, in the heat of the moment, in the emotion 
of the moment, when the New York Senators, Senator Schumer and Senator 
Clinton, asked him for the $20 billion in front of everybody in the 
Cabinet Room, said, you got it. Because he knew this was an 
extraordinary event in the history of this country; that there was the 
only way we could deal with it, and that was to take care of this 
problem.
  Did the President really mean you got it, but you got to get it from 
somebody who has been unemployed because of the same tragedy? You have 
got to get it from somebody who has lost their health care coverage 
because of the same tragedy? I do not think so. I do not think he meant 
to take $141 million from the State of Florida that would go to cover 
their health care, go to extend their unemployment benefits, a State 
that has been devastated, again, because of its reliance on tourism and 
hospitality. I do not think that is what the President meant. But that 
is the policy that is being carried out here.
  I would urge my colleagues to vote for this amendment. The money, the 
money for New York has been appropriated. It is available. It simply 
has been impounded. It has been impounded by this President and this 
administration until such time. And the answer to that impoundment is 
not to make the life of the unemployed more miserable to help New York; 
it is to take care of New York, and to take care of the unemployed and 
those without health insurance because they are unemployed in this 
country.
  Mr. Chairman, I reserve the balance of my time.
  Mr. WALSH. Mr. Chairman, I rise in opposition to the amendment.
  The CHAIRMAN. The gentleman from New York is recognized for 30 
minutes.
  Mr. WALSH. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I thank Members for this important debate about the 
future of our State and the great City of New York.
  The amendment that is being debated today, right now, that the 
gentleman from California has offered, would take approximately $1.8 
billion of the funds that were reallocated in an agreement we reached 
with the White House, take almost $2 billion out of the Community 
Development Block Grant program, away from New York, and spread it 
around to the rest of the country.
  It does not re-create the national emergency grants that the 
administration initially provided. This keeps it within the Community 
Development Block Grant program, but it also takes away the waivers 
that we had provided for New York so that those waivers would not be 
available either in New York or the rest of the country.
  Why is that important? Well, I think it is pretty obvious to all of 
us that we have a two-front war going on right now, Afghanistan and the 
United States.

                              {time}  2000

  In Afghanistan we have been seeing all the battlegrounds as the 
battle has progressed. In the United States, we all know what the 
battleground was; it was New York City and the Pentagon. The Pentagon 
is being rebuilt. We are working on a defense appropriations bill today 
that provides over $300 billion in the defense budget, and there are 
further funds within the supplemental to fight the war and to rebuild 
the Pentagon and to conduct our military action.
  New York City took a direct hit on September 11. Not only was the 
World Trade Center destroyed and thousands of people died, but hundreds 
of thousands of people have been affected in that immediate area. I 
talked with people in the last number of weeks who still do not have 
telephone service, who cannot get to their apartments or their 
businesses by public transportation. There is no one else in the 
country in that situation right now.
  What we did was we tried to attach funds that would otherwise have 
gone to the rest of the country in anticipation of serious unemployment 
dislocation. The stimulus package that is being discussed in the House 
and in the Senate deals directly with unemployment issues. We tried to 
add to this appropriations bill unemployment insurance benefits and 
COBRA benefits to provide for health care for those workers who were 
dislocated and lost their health care. It belongs in the stimulus 
package. That is where the debate has centered, and both the House and 
the Senate deal with that, with those issues, in the stimulus package. 
Indeed, these national emergency grants were authorized by that 
stimulus package bill. So the $1.5 billion or the total amount of 
funds, the $3 billion, is unauthorized.
  When we designated, redesignated these funds as community development 
block grant funds, we also redesignated about a half billion dollars in 
FEMA funds to provide New York City with $2.5 billion in community 
development block grant funds. Those funds are the

[[Page 23269]]

most flexible, the most readily available, and most important dollars 
that we could send to New York City at this time. Why? Because of the 
thousands of people who live in those neighborhoods and the thousands 
of businesses that conduct their business and employ people and put 
bread on the table, there is no other way to affect those decisions 
that are being made that the Federal Government can do right now.
  I think most people understand that CDBG funds are flexible; they can 
be applied to individual situations, for businesses, for residences; 
those funds can be used to build public infrastructure, to approve 
parks, to provide curbs and streets that were destroyed, to build water 
systems, public utilities. That is why we went after those funds. We 
have heard today, clearly, that New York City did not get all the funds 
that were promised and have not received all the funds that were 
promised. We had to take, I think, dramatic action to show the 
administration that these funds were needed and they were needed right 
now, and they agreed to this. And I think the administration was 
reticent about this, but they acceded to our desires.
  The key to this whole thing is putting New York City back together 
again as quickly as possible. There is no better way to do it than to 
utilize these funds, these community development block grant funds. If 
the Congress supports what the gentleman from California wants to do, 
which basically plays the entire country against New York, it will hurt 
New York very deeply for a second time. Because right now, people are 
beginning to understand what this action that we have taken 
accomplishes: that those businesses who want to stay in New York but 
need incentives, they need to help put their storefronts back together 
again, they need to get their communications systems redesigned; they 
need to buy new communications systems and new point-of-sale equipment 
for their stores; they need to help their employees to get back on 
their feet.
  Quite frankly, I say to my colleagues, this is about putting a 
neighborhood back together. No American could or should or would want 
to deny the people of New York, of lower Manhattan, of the 
neighborhoods of Chinatown and Soho and Chelsea and Battery Park, and 
that magnificent area which was really one of the real centers of the 
beginning of this country; that is where the island of Manhattan was 
first settled. We are trying to put that neighborhood back together. We 
have taken dramatic action to try to do that.
  I promise that if this amendment is defeated, and I hope that it will 
be and I believe that it will be, that I will work with my colleagues 
on both sides of the aisle, as I have thus far, to make sure that any 
workers who have been displaced or suffered a loss of a job because of 
that attack on September 11 will have the full force and strength of 
the Federal Government behind them in making sure that their 
unemployment insurance benefits, their health care benefits, their 
retraining, is supported by the Federal Government.
  Mr. Chairman, there is one aspect of this that the gentleman has not 
mentioned. There is $175 million of funds in here that would go towards 
reflushing the Workers' Compensation Fund. Why is that important? 
Because hundreds and hundreds of workers have been injured, were 
injured in the attack and have been injured in the subsequent rubble 
removal and in the search and rescue processes that took place. This is 
a dangerous place. There are still toxins in the area from that attack. 
Those funds, the workers' compensation funds and another $30 million or 
$40 million for worker retraining to help those workers dramatically 
and directly affected in New York, in no place have they been affected 
as they were in New York, to give those people a chance to learn a new 
job.
  So I say to my colleagues, I would implore them, please, please do 
not accept this amendment. Please reject it. New York has suffered 
enough. This gives us an opportunity to help, to show the people of 
lower Manhattan and the rest of that magnificent island the concern 
that the country has for them. Do not play America against New York. I 
think America is squarely behind New York. This is a divide-and-conquer 
strategy that the gentleman from California has offered. I strongly 
urge that we reject it. Stick with the bill as it stands. Let the bill 
go forward and let us try to work for the rest of the country's benefit 
as we go forward.
  Mr. Chairman, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself 30 
seconds just to say when the gentleman says that we are taking the 
money back that he took to New York out of all of the other 
unemployment funds and he says we did not do it in a technical way with 
the waivers, it is a little bit like a person who robbed my wallet and 
then when I took it back, he says I put it in the wrong pocket. No, it 
is my wallet. And these benefits go to the unemployed. This is not 
about divide and conquer. This is about this country meeting its 
obligation to New York and to unemployed Americans, and we can do both.
  Mr. Chairman, I yield 4 minutes to the gentleman from Washington (Mr. 
McDermott).
  Mr. McDERMOTT. Mr. Chairman, I thank the gentleman for the time.
  I hope the gentleman from New York will understand, but we do not 
accept his promise. The President promised $20 billion. The Speaker 
stood right over there and said that when we did the airline bailout 
bill, we would take care of the workers.
  Now, there are 8 million people in this country unemployed. There are 
137,000 in the transportation industry. What have we done for them? 
Nothing. There are 136,000 in the hospitality industry, nothing; 57,000 
in communications, 226,000 in manufacturing, 14,000 in retail, 44,000 
in the service industry, 30,000 Boeing employees are being laid off, 
and we cannot get any more out of this House than $12 billion out of 
$150 billion stimulus package out of the Committee on Ways and Means, 
not directed to any new money. We sent it over to the Senate and that 
stimulus bill is on life support. We have done nothing for workers in 
this country.
  Now, are we in trouble? The overall jobless rate jumped from 4.9 to 
5.4 percent in October, in one month. Washington State went from 5.1 
percent to 6.1 percent. That is a 20 percent jump in 30 days. New York, 
Illinois, West Virginia, Texas, do not even have money in their 
unemployment funds to pay 6 months' worth of benefits, and we have 19 
more States that do not have enough for an entire year. That does not 
reflect the real nature of the problem.
  Mr. Chairman, we had over the last 10 years such a good economy, we 
have eroded the funds in every State. Today, The New York Times says, 
30 States are looking at cutting their budgets in the next session, or 
doing it right now. Maine is $250,000, Connecticut just had a session 
for $300 million. So we are doing it all across the country. My State 
is looking at a $1.2 billion cut in the State budget.
  So the government puts the money out, the Governor reaches for it, 
and it is gone. It is gone in Washington State, it is gone in 
California. And then the height of this whole financial baloney is that 
stimulus package we put out of here.
  Now, the gentleman from New York says it is the only thing we could 
do. It was the only way we could handle this issue. You voted on the 
floor of this House to give $25 billion in AMT relief to companies that 
paid it back to 1986. That $25 billion in and of itself would deal with 
New York, if my colleagues were serious about New York. There is not a 
single one of us out here that is not in favor of doing something about 
New York, and I resent being made out to be me against New York because 
I argue for the State of Washington, or the gentleman from California 
(Mr. Miller) argues for California, or the gentleman from Hawaii (Mr. 
Abercrombie) argues for Hawaii.
  We are supportive of New York, and we had another way to do it, and 
my colleagues promised it, the President promised it, the Speaker 
promised it, and we have not done anything. Now we pass a bill and we 
say well, we are sorry, but we saw that money there

[[Page 23270]]

and it had not been spent yet because the Governors in the State 
legislatures had not figured out how to do it, so we are going to sneak 
it away before they know it is gone. And we promise you, we will come 
back and fix it.
  Nobody in here is going to hold their breath until that stimulus bill 
passes out of the House. Vote for the Miller amendment.
  Mr. WALSH. Mr. Chairman, I yield myself 30 seconds just to respond 
quickly. No New Yorker offered an amendment to take funds back from 
California when the Northridge earthquake hit, and no New Yorker 
offered an amendment to take back funds when the Mount Saint Helens 
disaster occurred. I think we have always been forthcoming in our 
support for the rest of the country. This is our difficult time.
  Mr. Chairman, I yield 5 minutes to the distinguished gentleman from 
New York (Mr. Serrano), a member of the Committee on Appropriations.
  Mr. SERRANO. Mr. Chairman, I thank the gentleman from upstate New 
York for his support.
  Let me first do what so many of my colleagues have done, and that is 
to thank the gentleman from New York (Mr. Walsh) for really being our 
leader and trying to get what was rightfully ours and to try to keep to 
the promise that was made from the White House. Somewhere along the way 
the gentleman from New York (Mr. Walsh) had to do what many people felt 
he had to do, which we disagreed with, some members of the delegation, 
which was to agree to this and present it to us.
  Let me also say that I understand the gentleman from California's 
statement. He is doing for his State no different than what I and the 
gentleman from New York (Mr. Walsh) have been trying to do for our 
State. He sees harm coming, and he is trying to stop it.
  But the gentleman from California (Mr. Miller) makes the point that I 
have been trying to make for the last 2 weeks, better perhaps than I 
have made it, and that is that the fight is already on between New York 
and other States based not only on this amount, but on the promise for 
all the money that is supposed to come in the spring. If my colleagues 
think this is going to be a difficult debate, imagine what it is going 
to be in April and in May when we try to take money, as I have said, 
out of the FBI and the INS and the Justice Department, and the State 
Department, and the war and defense, and all other departments and 
issues, to give to New York based on the promise that if we do not 
abide by the law now, the money will be coming in the spring.

                              {time}  2015

  Now, we have a couple of problems here. One of them is that we had 
allies in this fight. The allies have abandoned us.
  Now, we know that one of the most difficult things to do in politics 
or in government is to take on a popular person at the top of his 
popularity. Mayor Giuliani is riding a wave of popularity. But he was 
in this fight with us from the beginning, and he took a walk on us. He 
said, Guys, girls, do not pester the President. You will get the money 
in the spring.
  Number one, in the spring he is not going to be around to use the 
force of his popularity to get us the money. Michael Bloomberg will be 
around; and he will be trying to get this money, which will not be 
coming.
  Secondly, by saying that, he pulled the rug from under the floor of 
the gentleman from New York (Mr. Walsh) and the gentleman from New York 
(Mr. Sweeney), all the members of the New York delegation. That is part 
of our problem.
  Mr. Chairman, this is a difficult situation to be in. I spent all 
week telling Members how bad the Walsh agreement was; and now I am here 
telling Members, do not get rid of the Walsh agreement because it is 
the only thing we have.
  But at the same time, it continues to make the point that someone put 
us in this situation. Someone already pitted 49 States and some 
territories against New York, and this was not what it was all about. 
It was about one part of America getting hit as a symbol of what we 
were all about, and the enemy wanted to hit that part of America. It 
was about a situation where the President and the Committee on 
Appropriations said, Whatever it takes, and whatever it takes did not 
even come to be.
  Mr. Chairman, if we can only realize that the Walsh agreement is the 
only thing that we have. So I would beg my colleagues, do not hurt us 
anymore. We are not going to get the money in the spring. We have been 
done in. We have been lied to. In fact, if New York newspapers were not 
so supportive of the Republican Presidents, the 1970s headline could 
come back, ``Bush to New York City: Drop Dead,'' the way it is set 
forth to New York City. We were never going to see that, but that is 
where we are going.
  Mr. LEWIS of California. Mr. Chairman, will the gentleman yield?
  Mr. SERRANO. I yield to the gentleman from California.
  Mr. LEWIS of California. Mr. Chairman, I appreciate the gentleman 
yielding.
  I was going to follow on the gentleman's statement with one about 
California. In the past, we have had disasters. The fact that we have 
come together in the past without worrying about one State versus 
another, it seems to me we should operate with great care in disasters 
like this and help one another for the strength of the country.
  Mr. SERRANO. Reclaiming my time, it was not this side, with all due 
respect, that put us in this situation. It was the gentleman's 
administration that did not keep the promise. That is why we are here. 
That is why the gentleman from New York (Mr. Walsh) is in this 
situation and we have to find ourselves in this situation.
  So again, to the gentleman from California (Mr. George Miller), I 
understand what he is doing. We would do the same thing in New York if 
we were caught up. But sooner or later, people are going to realize 
that New York, as the gentleman from New York (Mr. Hinchey) has said, 
was the scene of the crime, but the attack was on America, and the 
people who died and were suffering and the economy that was devastated 
needs our help.
  This is a way to start getting some help, but the real help will 
probably never come. I ask Members to keep that in mind when they vote 
tonight.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to 
the gentleman from Wisconsin (Mr. Obey).
  Mr. OBEY. Mr. Chairman, what happened to New York was a terrible 
thing. When it happened, I was one of the four people in this Congress 
who helped negotiate a $20 billion what I thought was a rock hard 
commitment to New York to deal with the problems.
  Since then, the administration has tried to change the deal. Some 
people in the Congress have been trying to fix it.
  There is a right way and a wrong way to fix that problem. The wrong 
way is to try to fix it by stealing money from unemployed people in 
other States in the Union, which is what the arrangement was.
  What happened is that the administration's original $20 billion 
commitment has been chiseled down to $10 billion or so in this bill. 
Then, when there was a public eruption about that, the White House 
worked out a deal to take $2 billion, which had originally been 
requested by the President to help unemployed people in all 50 States 
in the Union, and instead, they moved that money only to help New York.
  That solved New York's problem only partially. It still leaves New 
York over $8 billion short. What it does to my State is take 
approximately $33 million away from unemployed people in my State. It 
does the same thing in Minnesota. That is on top of what the majority 
has already done to my State by their tax bill.
  My new Republican Governor in Wisconsin indicates that the actions of 
the Republican House tax bill will cost Wisconsin an extra $300 million 
on its State deficit. Now, how many times do they have to punch other 
States in the solar plexus in order to cover up the fact that they are 
welshing on the deal to New York? That is what they are doing, they are 
compounding the number of victims.

[[Page 23271]]

  In the end, they are not solving New York's problem, and all they are 
doing is making the problems of the rest of the States worse. Shame on 
people who do things like that. In this town and in this body, one's 
word is supposed to be one's bond. I think we ought to return to that 
understanding.
  Mr. WALSH. Mr. Chairman, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield 3 minutes to 
the gentlewoman from Connecticut (Ms. DeLauro).
  Ms. DeLAURO. Mr. Chairman, I believe that every single Member, and if 
not every single Member, almost every Member of this body went to visit 
Ground Zero. We stood there with our hard hats, maybe some were 
photographed. We were in shock and disbelief. We pledged our support to 
New York. We said we felt New York's pain and that we would make good.
  Feeling New York's pain and not doing what we need to do about it, 
which is what this administration has done, is a classic bait and 
switch.
  At Ground Zero, surrounded by firefighters and police officers, the 
President promised to make funding available to assist families, 
workers, and businesses whose lives were permanently damaged by the 
events of September 11. This amendment would return funding back to 
State unemployment and health programs that was taken away in a 
disingenuous effort to help New York in its greatest hour of need.
  I sat in a room with the members of the Committee on Appropriations, 
along with New York, along with Connecticut and New Jersey and 
Pennsylvania, to talk about how in fact we were united in helping the 
New York situation and the individuals who lost everything on September 
11. We pledged to work at that.
  So this is not directed at my colleagues in New York, to take their 
money away. This is a sham, what has been done here tonight. What we 
find out is that the money comes out of funds that were supposed to go 
to the other 49 States.
  I will tell the Members, this is nothing new, because in the economic 
stimulus package that was proposed by the majority, the health care 
money that is proposed to go to people who are unemployed and who have 
lost their health care benefits, that money is coming from the 
Children's Health Insurance Program, Mr. Chairman. We are taking 
children's health insurance money from the States; and we are saying, 
take that money and pay for the health care of workers who are out of 
work.
  Mr. Chairman, this is another bait and switch, nothing new by this 
majority. These funds would have helped American families hit by the 
post-September 11 recession, helped to restore them some security they 
have lost. It comes out of unemployment; it comes out of health care.
  We are charged with the responsibility to help each and every 
American, to heal the wounds of September 11 and return security to all 
parts of their lives. We must rebuild the confidence of the American 
people. Together, we are obligated to make this happen.
  We provided today that opportunity not to make this happen. We said, 
take the money from all 49 States and give it to New York, and the 
rest, go figure it out. Mr. Chairman, I ask Members to support this 
amendment and please turn this sham around.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to 
the gentleman from Massachusetts (Mr. Frank).
  Mr. FRANK. Mr. Chairman, the gentleman from New York has said that he 
is unhappy to some extent that money must come from money set aside for 
pressing social needs in other States, but there is no alternative. 
Harry Houdini had a trick. He would have other people tie him in knots, 
and his trick was to get out of the knots.
  What we sometimes see in the legislature is the reverse Houdini. That 
is the process by which one ties oneself in knots and says, gee, I am 
sorry, I have to do this because I am all tied up in knots.
  The people who voted for this rule pulled a reverse Houdini. They 
tied themselves in knots. They prevented the House from being able to 
vote a genuine, honest meaning of the commitment.
  People say, well, do other States not want to give to New York? Yes, 
I have people in Massachusetts who want to give to New York, but they 
are not the unemployed. This is not a case of one State to another. 
This is a case of going to the very poorest people, the people who have 
also been hurt. This is victimology, comparative victimology.
  They want to help New York, I want to help New York, so how about 
helping New York, instead of helping IBM by repealing the corporate 
minimum tax for $1.4 billion? We could help New York just with one 
piece of the giveaway tax bill.
  First they vote to reduce taxes on the wealthiest people in the 
country, without any incentive to invest. Then they vote for a rule 
which allows the President to get out from under his promise.
  I am not defending Massachusetts. I do not believe in State 
sovereignty. I am not one of those five Members of the Supreme Court 
who is trying to rewrite the Constitution to dismantle the Union. I am 
not here defending a corporate State called Massachusetts. I am here 
talking about people who may have lost their health care in 
Massachusetts, Wyoming or anywhere else. I am talking about people who 
have been thrown out of work.
  They are the ones, those who voted for this rule, and I know, they 
went through the dance, they voted present for a while, and, great 
suspense, the members of the Committee on Appropriations voted present. 
We held our breath, the world wondered what would happen; and surprise, 
surprise, they caved in.
  And having caved in and having helped denude New York of the money 
the President had promised, they then say, hey, let us all be generous 
and go after people who have been unemployed, people who have lost 
their health care, and let us feel good about the fact that we are 
taking it from them.
  We have to understand, that is what it is, that it is easy to be 
charitable with other people's money. It is easy to be charitable with 
the money of the poor. I understand New York is now in need, and in 
need not through its fault; but it is kind of liking walking down the 
street and there is somebody who has lost his job, he is homeless, he 
asks for some money. What do we do? Go over to some other poor old lady 
and take 5 bucks off her and give it to him and we feel generous.
  That is what they have done here, reduced taxes on people who make $1 
billion a year, give profitable corporations billions and billions of 
dollars in aid; and then, when they are stuck because they have an 
administration that is unwilling to live up to its own promise, when 
they are stuck with trying to give New York, and by the way, we are not 
the ones who want to give New York 10 percent of what they are 
promised. When they are stuck with that, they say hey, we have a great 
idea. You know those unemployed people in other States, those people 
who do not have any health care? Let us give them a chance to feel 
good.
  I suppose the theory is that these poor people are hurt economically, 
they do not have jobs or health care; but they will do them a good big 
favor, they will let them feel noble. They will single them out for an 
involuntary charitable deduction.
  Mr. WALSH. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, oh, to have the prestidigitation skills of Houdini, or 
the rhetorical skills of the gentleman from Massachusetts (Mr. Frank).
  But the fact of the matter is, Mr. Chairman, if Members support this 
amendment, they will hurt New York. If Members listen to the Members of 
the New York delegation, they will tell us that this amendment clearly 
will hurt New York, and no State nor any American city has suffered as 
New York has.
  Mr. Chairman, this is a hurtful debate for New York. We are very 
concerned, quite frankly, about what happens down the road, as my 
colleague, the gentleman from New York (Mr.

[[Page 23272]]

Serrano), mentioned. We will have to come back to the Congress for 
additional help, clearly. Just as the country came back to the Congress 
and the Congress developed I believe it was seven or eight 
supplementals after the Pearl Harbor attack, we will have to come back 
for additional supplementals.
  This debate that I see here today tells me it is going to be very 
difficult for New York to gather its strength and its support from 
across the Nation to continue the help that we need.

                              {time}  2030

  But need it we will. And here we will come. And we will ask our 
colleagues from California and Washington and Massachusetts and 
Wisconsin and the rest of the States around this great country to help 
us.
  We are not doing anything to hurt the rest of the country. These 
issues will be dealt with in a stimulus package. If they are not dealt 
with in a stimulus package, they will be dealt with in subsequent 
supplementals also. Please, if Members want to help New York, oppose 
this amendment. Stay with the New York delegation, the bipartisan New 
York delegation, and oppose this amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chairman, may I inquire how much 
time is remaining?
  The CHAIRMAN. Each side has 13\1/2\ minutes remaining.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to 
the gentlewoman from California (Ms. Woolsey).
  Ms. WOOLSEY. Mr. Chairman, we must restore funding for all unemployed 
workers across our Nation. We have to provide income assistance and 
health premiums. It absolutely dumbfounds me that we would take away 
this aid for all unemployed workers to make up for a failed promise by 
our President to New York.
  We are all sympathetic. This is not about taking away something from 
New York. This is about making the promise to New York for $20 billion, 
but not robbing Peter to pay Paul. Instead of New York's $20 million 
commitment being failed, we should pay for that and fulfill President 
Bush's original promise to provide for community block grants so we can 
expand unemployment benefits, pay for health insurance premiums, or 
otherwise help families displaced by recession-related impacts across 
this Nation, impacts created across the Nation due too September 11 and 
before that.
  Without the Miller amendment, my State of California will lose about 
$220 million that is needed to extend unemployment insurance. Yet 
California's economy is also suffering from the economic effects of the 
11th of September.
  Mr. Chairman, I urge my colleagues, stand up for all unemployed 
Americans and their families. All of them deserve your help. All of 
them deserve unemployment assistance and health care benefits and we 
can do that by voting for the Miller amendment.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to 
the gentleman from New Jersey (Mr. Andrews).
  Mr. ANDREWS. Mr. Chairman, I thank my friend for yielding me time.
  I rise not to in any way be unfair to the people of New York. I rise 
to support this amendment to be fair to people throughout this country. 
If we stand in Jersey City, New Jersey, we can look across the river 
and see Lower Manhattan. It is about a 5-minute boat ride from Jersey 
City to Lower Manhattan.
  The absurdity of the underlying bill if we do not pass the Miller 
amendment is this: a worker who lives in Jersey City who lost her job 
or his job on September 11 because their business was destroyed in the 
attack, will get no additional unemployment benefits or health 
benefits. But a worker on the other side of the river who happens to 
live in Lower Manhattan, would be entitled to get additional 
unemployment or health benefits if the money is used for that purpose.
  A river should not divide us. This bill should not divide us. We 
should not have to choose between honoring our promise to the people of 
New York City and honoring our obligation to unemployed people all 
across this country.
  The rule for this bill should have permitted us to address both of 
those concerns. It did not. Fairness dictates, however, that we address 
the concerns of unemployed Americans across the Hudson River and around 
the country and adopt the Miller amendment so that unemployed Americans 
everywhere can receive fair treatment from this Congress tonight. I 
urge a vote in favor of the Miller amendment.
  Mr. WALSH. Mr. Chairman, I yield myself such time as I may consume.
  Just to respond to my good friend and colleague, the gentleman from 
New Jersey (Mr. Andrews), I just want to be clear that under the 
structure that we are discussing, either under the Miller amendment or 
the existing structure of the bill, the workers in New York and New 
Jersey will be treated equally. There is no difference. There is no 
additional money in the amendment that I offered that was made whole in 
the rule that would treat New Yorkers any better than those in New 
Jersey or Connecticut. So I think we really need to make that clear to 
everyone, and hopefully they will consider that when they consider 
voting against the amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield 3 minutes to 
the gentleman from Hawaii (Mr. Abercrombie).
  Mr. ABERCROMBIE. Mr. Chairman, our good friend, the gentleman from 
New York (Mr. Walsh), has a lot of good things said about him. How fast 
it goes, does it not?
  Just a few minutes ago we were over here talking in the Committee on 
Appropriations how we were trying to work this out, and now the 
gentleman finds himself in this position. You notice how lonely he is 
over there. Notice how people are not rushing down here to defend this 
position.
  Now we can understand that. We are all legislators here. But let us 
go over what is taking place here. There is a victory for the forces 
that attacked us if we are able to be divided this way.
  I am here to state that this is politics. We need to vote this 
amendment for the reason that these folks brought up over here and that 
they are valiantly defending over here.
  Supplementals. If we can handle it by supplementals, and the 
gentleman from New York (Mr. Walsh) is reduced to the position of 
saying, look, we are not trying to hurt anybody else, even though that 
is what the result is going to be. Let us do it by supplemental. Let us 
deal with that because the revenues are going down all over the 
country, and it does not matter whether you are Republican or you are a 
Democrat. But I will state this, if this Miller amendment fails, it 
will be a bell ringer in the arguments that are going to be made in the 
next fall in the elections. And some of the people that have been 
supporting folks on the other side of the aisle, believe me, are going 
to find themselves in a very difficult political position. And that 
position will be how is it possible that a promise could be made that 
all of us are supposed to pull together, Democrat and Republican, but 
we are hurting the very people at the grassroots that are supporting 
this war effort.
  These are unemployed. I am taking this from the preliminary monthly 
report of the Bureau of Labor Statistics. And the people of New York 
are going to get hurt in the sense that they get $60 million, but the 
people in New Jersey or Hawaii, my people, and I note in passing 
December 7 was brought up here. I ought to know about that. And we 
dealt with that with supplementals. How is it possible for us to attack 
the unemployed in order to pay for a political strategy over here with 
respect to the supplemental budget that we are supposed to put forward, 
the stimulus?
  How is it possible that we could attack our own people? We are 
eviscerating ourselves. We are devouring ourselves in order to get 
behind a political strategy that is going to be a loser for my 
colleagues. I guarantee my colleagues this, there is not a person on 
that side of the aisle that supports the position of trying to defeat 
the Miller

[[Page 23273]]

amendment that could stand up to anybody in any neighborhood board 
meeting, in any community meeting and defend that position.
  Let us vote for the Miller amendment if my colleagues want to be here 
next year and they want to be here defending the interests of the 
American people rather than the interests of American corporations that 
are trying to take advantage of us.

                DISTRIBUTION OF $1.5 BILLION IN NATIONAL EMERGENCY GRANT FUNDS BASED ON STATE SHARE OF INCREASED UNEMPLOYMENT SINCE 9/11
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                          Allocation of
                                                                                                                           Percent of     $1.5 b. of NEG
                                                                      Average number     Number of       Increase in     total increase  grants based on
                                                                      of unemployed    unemployed for     number of      in unemployed       share of
                                                                       for Aug/Sept       October         unemployed     (among States       increase
                                                                                                                         with increase)     unemployed
--------------------------------------------------------------------------------------------------------------------------------------------------------
California.........................................................        1,214,800        1,284,400           69,600             14.7     $220,742,150
Florida............................................................          340,250          384,900           44,650              9.4      141,611,164
Texas..............................................................          530,800          555,800           25,000              5.3       79,289,565
Virginia...........................................................          114,150          136,400           22,250              4.7       70,567,713
Arizona............................................................          108,550          128,300           19,750              4.2       62,638,757
New York...........................................................          644,850          664,000           19,150              4.0       60,735,807
Indiana............................................................          130,550          148,800           18,250              3.9       57,881,383
North Carolina.....................................................          206,150          223,300           17,150              3.6       54,392,642
Washington.........................................................          183,150          200,100           16,950              3.6       53,758,325
New Jersey.........................................................          187,050          203,300           16,250              3.4       51,538,218
Nevada.............................................................           49,850           66,100           16,250              3.4       51,538,218
Colorado...........................................................           85,250           99,300           14,050              3.0       44,560,736
Pennsylvania.......................................................          287,650          301,300           13,650              2.9       43,292,103
Georgia............................................................          158,350          171,000           12,650              2.7       40,120,520
Maryland...........................................................          115,400          127,700           12,300              2.6       39,010,466
Tennessee..........................................................          116,750          128,700           11,950              2.5       37,900,412
Louisiana..........................................................          103,300          115,000           11,700              2.5       37,107,517
Michigan...........................................................          267,550          278,900           11,350              2.4       35,997,463
Missouri...........................................................          121,500          132,200           10,700              2.3       33,935,934
Wisconsin..........................................................          126,650          137,200           10,550              2.2       33,460,197
Massachusetts......................................................          131,100          140,100            9,000              1.9       28,544,244
Alabama............................................................          105,100          114,000            8,900              1.9       28,227,085
Ohio...............................................................          254,550          262,300            7,750              1.6       24,579,765
Minnesota..........................................................           97,100          103,700            6,600              1.4       20,932,445
South Carolina.....................................................          104,600          111,000            6,400              1.4       20,298,129
Hawaii.............................................................           26,150           32,500            6,350              1.3       20,139,550
Oklahoma...........................................................           56,550           62,600            6,050              1.3       19,188,075
Oregon.............................................................          114,900          118,900            4,000              0.8       12,686,330
Illinois...........................................................          350,150          353,700            3,550              0.8       11,259,118
Iowa...............................................................           50,750           54,300            3,550              0.8       11,259,118
Kansas.............................................................           54,450           57,900            3,450              0.7       10,941,960
Mississippi........................................................           66,750           70,100            3,350              0.7       10,624,802
Kentucky...........................................................           98,050          101,100            3,050              0.6        9,673,327
Utah...............................................................           46,000           48,400            2,400              0.5        7,611,798
New Mexico.........................................................           47,850           49,500            1,650              0.3        5,233,111
Maine..............................................................           28,550           29,600            1,050              0.2        3,330,162
Idaho..............................................................           32,500           33,400              900              0.2        2,854,424
South Dakota.......................................................           11,900           12,700              800              0.2        2,537,266
                                                                    ------------------------------------------------------------------------------------
      Total........................................................        6,769,550        7,242,500          472,950            100.0    1,500,000,000
--------------------------------------------------------------------------------------------------------------------------------------------------------

  Mr. WALSH. Mr. Chairman, I reserve my time.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield 2 minutes to 
the gentleman from North Carolina (Mr. Watt).
  Mr. WATT of North Carolina. Mr. Chairman, in North Carolina our State 
legislature is still in legislative session in the longest legislative 
session in the history of North Carolina. It started the year with a 
budget deficit of over $300 million and a constitutional requirement of 
a balanced budget. After September 11, and after the State legislature 
had found a way to balance the budget, September 11 hit and they had to 
face another set of projections that threw the budget out of balance 
again. They are still there trying to solve this problem.
  Now we are told that the poor people, the unemployed people of North 
Carolina, are going to be taxed an additional $54 million out of their 
unemployment benefits for the purposes of New York. The people of North 
Carolina do not mind supporting the people of New York. People who have 
income would readily do that. I talk to them all the time, but it is 
patently unfair to ask unemployed people to give $54 million from North 
Carolina, unemployed people in North Carolina, when we have suffered 
the same impact from the same set of events.
  U.S. Air has a hub in Charlotte. It flies out of Reagan National to 
Charlotte. It laid off thousands of people after September 11. Those 
people need the unemployment benefits just like New York needs these 
funds. We should adopt the Miller amendment.
  Mr. GEORGE MILLER of California. Mr. Chairman, may I inquire how much 
time I have.
  The CHAIRMAN. The gentleman from California (Mr. George Miller) has 
4\1/2\ minutes remaining. The gentleman from New York (Mr. Walsh) has 
13 minutes remaining.
  Mr. GEORGE MILLER of California. Mr. Chairman, if I might inquire, I 
am the only speaker left.
  Mr. WALSH. Mr. Chairman, no one else has requested time.
  Mr. GEORGE MILLER of California. I will go ahead and the gentleman 
from New York (Mr. Walsh) will close; is that correct?
  The CHAIRMAN. The gentleman from New York (Mr. Walsh) has the right 
to close.
  Mr. WALSH. Mr. Chairman, I will reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself the 
remainder of my time.
  The events of September 11 were uniquely cruel, were uniquely cruel 
against the victims, people who chose to do nothing more than get up 
and go to work in the morning, and by the thousands they were 
slaughtered, unique in their cruelness, in the history of this country 
and the history of the world.
  From the moment after September 11 and even as it was unfolding, we 
saw something uniquely American, and to the wonder of the rest of the 
world, we erased all of the boundaries, all of the characteristics, all 
of the identities, and we pulled together. People drove across country 
so they could put in a 12-hour shift; children sent money; people were 
out on the streets asking for help for New York. People raised billions 
of dollars. Uniquely American.
  That is what Robert Frost wrote about, about our boldness, our 
greatness, our strengths, about our broad shoulders, about our 
integrity. That is what America saw. It saw strength and it saw 
compassion. It saw a sharing like we have never witnessed in this 
country, in this generation of those of us who are alive now. It saw 
people who said I will do anything to help those people in New York. 
People went to enlist to help the fight overseas. People gave blood. 
They stood in line here at the Cannon Building, stood in line to give 
blood, more blood than they needed. What a tribute to our country.
  Now we have got to finish the job, but we have got to finish it as 
the

[[Page 23274]]

United States of America, as the American people. When we had 
hurricanes in Florida, we did not say to the earthquake victims in 
California that they must contribute, and only victims. We did not say 
to the victims of the floods in Texas that the people devastated by the 
ice storms in Maine could only contribute. We did not say to the people 
in the tornadoes in Kansas, in Tennessee and Arkansas that they would 
have to get their help from the victims of the hurricanes. No. We came 
and said this is an American problem, this is a natural disaster, it is 
an act of God and America will take care of this problem. We will all 
join together.
  We got emergency funding for the floods in Texas, if my colleagues 
will remember the gentleman from Texas (Mr. DeLay) holding up the bill 
until it happened. Californians put their shoulders to the wheel to 
help the victims of Florida after Andrew. That is America.

                              {time}  2045

  It is not about making your neighbor poor. It is not about collecting 
only from the poorest people in the country, those who are already 
unemployed, who are every much a victim as the unemployed of New York 
due to that event. That cannot be the trust fund from which we are 
going to rebuild New York. No.
  That is why this Congress went to the President of the United States 
and asked for $20 billion. That is why this Committee on Appropriations 
has struggled with the issues of homeland defense. We are not going to 
get there by thinking we are going to move money between accounts, my 
colleagues.
  And Americans have overwhelmingly said that they are willing to pay 
to rebuild this country and restore this country and to erase this scar 
on our landscape. They did not assign that to the unemployed. They 
assigned that to every American in this country. Every American in this 
country. That is who America assigned it to.
  The gentleman from New York (Mr. Walsh) is in an untenable position. 
An untenable position. Why? We know the struggles that our colleagues 
on the Committee on Appropriations have gone through, our colleagues 
from New York, trying to meet these demands. We heard from the Coast 
Guard earlier. This is going to cost a lot of money, my colleagues, but 
it is about the integrity of this country. It is about the future of 
our families. It is about the security of our Nation.
  Can we not rise to that occasion without creating new victims? Can we 
not rise to that occasion and defend this country and defend its 
families and try to provide them some income security, a little bit of 
health care while they are being devastated? I think we can. I think we 
can do this as a Congress.
  I think it is important that our colleagues from New York join us in 
this and turn our back on this beggar-thy-neighbor policy; that somehow 
we can make New York whole by bringing down the unemployed in Florida 
or the unemployed in California. That is not the way a great Nation 
addresses its great problems. That is not the response we have to 
terrorism.
  This is about our Nation, united in one step together to rebuild this 
country and to secure this country. And we are not going to do it on 
the backs of the unemployed. We should repudiate this.
  Mr. WALSH. Mr. Chairman, I yield myself the balance of my time, and I 
wish to just clarify one point that has been made by several of the 
proponents of this amendment, which I think quite clearly is wrong, and 
that is that this amendment or that the arrangement under the current 
structure of the bill takes unemployment insurance benefits away. In 
fact, people will continue to receive their unemployment benefits.
  So anyone out there who has lost their job, this bill will not take 
away any of their unemployment benefits. I hope people understand that. 
In fact, the stimulus package will extend extended unemployment 
insurance benefits and extend making COBRA payments to all Americans 
who have lost their jobs since the attack on September 11.
  Mr. Chairman, I think the debate has been divisive enough, so I would 
like to try to end on as positive a note as I could.
  I think the gentleman from California spoke about the integrity of 
America, the broad-shouldered approach to this disaster on the part of 
Americans, the sharing spirit of Americans, and I would ask my 
colleagues from States throughout this Nation to continue that. We need 
their help. We are in a difficult spot. The legislative process is 
unwieldy. We cannot always make things work exactly the way we want to. 
Sometimes we do get tied up in knots. But it is all for the right 
reasons, Mr. Chairman. It is all to help a city that has been hit and 
hit hard. As our Governor said, we have been bloodied but we are not 
bowed.
  This is a difficult time. This is a difficult bill. But I would ask 
my colleagues to stay with us just this one more time. We will stand 
with you to make sure that your constituents, the people in your States 
that have lost their jobs, get the support that they deserve from the 
United States, from this government.
  So Mr. Chairman, in conclusion, I would ask that we reject this 
amendment. I think it is a divisive amendment. Let us reject it. 
Support the bill and move this bill over to the Senate for its 
consideration.
  Mr. GEORGE MILLER of California. Mr. Chairman, I yield back the 
balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from California (Mr. George Miller).
  The question was taken; and the Chairman announced that the ayes 
appeared to have it.
  Mr. WALSH. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from California (Mr. George 
Miller) will be postponed.
  Are there any other amendments?


                     Amendment Offered by Mr. Hyde

  Mr. HYDE. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Hyde:
       At the end of the bill, add the following:

               DIVISION C--ADDITIONAL GENERAL PROVISIONS

       Sec. __. None of the funds made available in Division A of 
     this Act may be used to provide support or other assistance 
     to the International Criminal Court or to any criminal 
     investigation or other prosecutorial activity of the 
     International Criminal Court.

  Mr. HYDE (during the reading). Mr Chairman, I ask unanimous consent 
that the amendment be considered as read and printed in the Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Illinois?
  There was no objection.
  Mr. YOUNG of Florida. Mr. Chairman, I ask unanimous consent that 
debate on this amendment and any amendments thereto be limited to 10 
minutes, to be equally divided and controlled by the proponent and 
myself.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Florida?
  There was no objection.
  Mr. HYDE. Mr. Chairman, I yield myself such time as I may consume.
  Mr. HYDE. Mr. Chairman, this amendment is intended to protect the men 
and women of our Armed Forces from the risk of criminal prosecution by 
the U.N. International Criminal Court.
  This is a new court. It has not yet come into existence, but it 
predictably will, because it is getting ratification from the 60 
countries that is necessary, so we should face the fact that this is 
going to be a reality. Now, once this court is operating, it will claim 
jurisdiction to prosecute the men and women of our Armed Forces, as 
well as officials of our government, for alleged war crimes, crimes 
against humanity, et cetera, even though our country has not and will 
not ratify the treaty establishing the court.
  The court is a threat to the sovereignty of our Nation. Its claim of 
criminal jurisdiction over our citizens

[[Page 23275]]

directly conflicts with the supremacy clause of our Constitution, and 
any Americans prosecuted by this court will be without the protections 
guaranteed them by our Bill of Rights, beginning with the right to 
trial by jury.
  For those of us who are committed to protecting our Constitution, and 
we have heard many such voices during our debate on the terrorism bill 
just a few weeks ago, the first place to begin is with the 
International Criminal Court.
  Terrorists, like the suicide bombers who attacked our Nation on 
September 11, will not be deterred by the threat that if caught and 
successfully prosecuted they may be sentenced to life imprisonment, 
because that is the highest penalty the international court can impose. 
But U.S. military personnel and their civilian and military commanders 
will have to worry a great deal about the threat of criminal 
prosecution by the court.
  As a result, if the court were in existence today, the U.S. military 
operations currently underway in Afghanistan would have to be 
reconfigured in order to avoid the risk of criminal prosecution by the 
court. It is imperative that we in Congress do everything within our 
power to ensure that our Nation's ability to respond to terrorists and 
others who threaten us is not circumscribed by the U.N. court operating 
in conflict with the Constitution.
  The purpose of my amendment prohibits the use of funds appropriated 
in this act to support or assist any activity of the International 
Criminal Court. I wish the Rules of the House permitted me to offer a 
broader amendment, because I think it is important to permanently 
prohibit any form of U.S. support to or cooperation with the 
International Criminal Court, not just support or cooperation by the 
Department of Defense, but any government agency in the United States.
  On September 25, the administration informed us it supports a revised 
version of the American Servicemembers' Protection Act that a number of 
us negotiated with the administration. That revised language was based 
on a bill, H.R. 1794, that was introduced on May 10 of this year by the 
gentleman from Texas (Mr. DeLay), the gentleman from Pennsylvania (Mr. 
Murtha) and myself. The text of that bill was approved by the House as 
a floor amendment on May 10 by a vote of 282 to 137.
  I hope that in conference the agreed language that we have worked out 
with the administration can be submitted with the text of my amendment, 
because I believe that our agreed language will better protect military 
personnel from the threat of prosecution by the International Criminal 
Court.
  Mr. Chairman, the Constitution protects Americans. To put Americans 
outside the protection of the Constitution in a court that does not 
permit jury trials is an abandonment of one of the core indicia of 
citizenship. It is not a good idea, and I hope my amendment is adopted.
  Mr. Chairman, I yield back the balance of my time.
  Mr. YOUNG of Florida. Mr. Chairman, I yield 1 minute to the gentleman 
from California (Mr. Cunningham).
  Mr. CUNNINGHAM. Mr. Chairman, I ask my colleagues to think seriously. 
Generally, we say, ``Let Hyde be your guide.''
  The United Nations votes against the United States at least 90 
percent of the time, even though we pay the lion's share of funding for 
the United Nations. On many of the key votes, we are vetoed out of the 
process.
  I do not think any of us wants our men and women that we ask to go in 
harm's way in our military, or our intelligence agencies and their 
members, to be tried in a kangaroo court without the proper 
jurisdiction.
  I rise in strong support of the Hyde amendment. I think it is a good 
amendment and it is good for our men and women both in the service and 
in our intelligence agencies.
  Mr. YOUNG of Florida. Mr. Chairman, I yield myself the balance of my 
time.
  I simply rise to thank the gentleman from Illinois for offering this 
amendment. I think it is something that we should have considered, and 
we are considering. We are prepared to accept this amendment.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Illinois (Mr. Hyde).
  The amendment was agreed to.


             Amendment Offered by Mr. Tom Davis of Virginia

  Mr. TOM DAVIS of Virginia. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Mr. Tom Davis of Virginia:
       At the end of the bill, add the following:

               DIVISION C--ADDITIONAL GENERAL PROVISIONS

       Sec. __. (a) Occoquan River, Virginia.--The project for 
     navigation, Occoquan Creek, Virginia, authorized by the first 
     section of the Act entitled ``An Act making appropriations 
     for the construction, repair, and preservation of certain 
     public works on rivers and harbors, and for other purposes'', 
     approved September 19, 1890 (26 Stat. 440), is modified to 
     direct the Secretary of the Army--
       (1) to deepen the project to a depth of 9 feet; and
       (2) to widen the project between Channel Marker Number 2 
     and the bridge at United States Route 1 to a width of 200 
     feet.
       (b) Availability of Funds.--Amounts appropriated to carry 
     out the project referred to in subsection (a) by the Energy 
     and Water Development Appropriations Act, 2001 (as enacted 
     into law by Public Law 106-377), shall be made available to 
     carry out the modifications to the project under subsection 
     (a).
       (c) Project Redesignation.--
       (1) In general.--The project referred to in subsection (a) 
     shall be known and designated as the ``project for 
     navigation, Occoquan River, Virginia''.
       (2) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     project referred to in subsection (a) shall be deemed to be a 
     reference to the ``project for navigation, Occoquan River, 
     Virginia''.

  Mr. TOM DAVIS of Virginia (during the reading). Mr. Chairman, I ask 
unanimous consent that the amendment be considered as read and printed 
in the Record.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
Virginia?
  There was no objection.
  Mr. OBEY. Mr. Chairman, I reserve a point of order against the 
amendment.
  The CHAIRMAN. The gentleman from Wisconsin reserves a point of order.
  Mr. DAVIS of Virginia. Mr. Chairman, this is a simple amendment that 
will cost the Federal Government no additional money and will provide 
an absolutely critical service to the people of the northern Prince 
William County, Virginia.
  Over the past 3 years, I have been working with the Army Corps of 
Engineers, the Prince William County Board of Supervisors, the mayor of 
the town of Occoquan, several commercial interests, and recreational 
boaters, all in an attempt to make the navigation of the Occoquan River 
safer for everyone who uses it.
  Last year, this Congress appropriated $1 million from the Corps of 
Engineers to conduct maintenance dredging of the federally mandated 
channel. My amendment will alleviate the problem of maintaining the 
channel without costing the Federal Government any additional dollars.

                              {time}  2100

  First, it establishes deeper and wider channels that will accommodate 
the increased traffic on the river. Second, it redirects the funds 
already appropriated for maintenance dredging for this purpose. This is 
a project of supreme importance to the people of eastern Prince William 
County, Virginia. We can improve access to the Occoquan River without 
spending any new Federal money. I urge my colleagues to support this 
amendment.
  Mr. OBEY. Mr. Chairman, I continue to reserve my point of order, and 
I move to strike the last word.
  Mr. Chairman, I think the gentleman in the well is a very 
constructive Member, and I consider him to be a good friend of mine. I 
do not want to in any way prejudge this project because I do not know 
anything about it.
  But in light of some of the things that have happened today, I want 
to make some observations about this project. This project was brought 
before the Subcommittee on Energy and

[[Page 23276]]

Water. That subcommittee is controlled 7 to 4 by the majority party. 
The subcommittee looked at it and chose not to approve it.
  Now we are being asked to approve an energy and water project on a 
Department of Defense appropriations bill. It is what is traditionally 
called by some people pork because it is an individual project for an 
individual Member. I make no judgment about whether that is good or 
bad. I am not offended by pork if it is responsible. I think it is just 
as reasonable for Congress to designate projects as it is for the 
Secretary of any agency.
  But I want to note that for the last 2 weeks I have been begging this 
House to review objectively and support a crucial amendment that would 
have addressed many of the crucial homeland security issues facing this 
country. The White House attacked that amendment for being laden with 
pork, although there was not a single pork item in it; and I defy 
anyone to show me one.
  The Republican leadership in this House peddled the same 
misinformation to the press, that the amendment we were seeking to 
provide as a matter of urgent safety, they kept trying to imply to the 
press that it was laden with pork when in fact it had not a single pork 
item. They used that argument to block our ability to provide 
additional border security, additional port security, more help for the 
FBI, and a variety of other actions, including added protection against 
weapons-grade nuclear material.
  Mr. Chairman, that is one of the reasons that it was hard for at 
least a week to get the press to pay attention to what was actually in 
our package because of the misinformation being spread about it, all 
under the rubric of the term ``pork.''
  Now we are being asked to provide for a Member of the Republican 
leadership as an add-on to this bill an item that can only be called 
pork. I could object to this under the rules of the House, the very 
rules that denied our security amendment an opportunity to have a vote. 
I am not going to do that because I respect the gentleman in the well 
and I do not consider myself, without further study, qualified to judge 
the merits of this project. It is probably legitimate. I do not know.
  All I know is that there is a very different standard being applied 
by the House leadership on this issue in comparison to the standard 
that was misapplied in order to make it more difficult to communicate 
to Members the content of our own security-related bill.
  I will not, Mr. Chairman, raise the point of order that I could raise 
against this project. If the majority has enough chutzpah to proceed 
after they have pummeled us with mislabels for the past 2 weeks on an 
important matter of national security, so be it.
  Again, I want to emphasize, I do not criticize the gentleman. He is 
doing for his district what he thinks is legitimate, and all of us have 
a right to do that and I do not condemn that project until I know more 
about it. But I do condemn a process that enables people to smear a 
legitimate amendment like ours for over 2 weeks by mislabeling it as 
pork when in fact we had not a single item in that amendment that in 
any way could be called an item of pork. Mr. Chairman, with that I 
withdraw my reservation of a point of order.
  The CHAIRMAN. The gentleman from Wisconsin (Mr. Obey) withdraws his 
point of order.
  The question is on the amendment offered by the gentleman from 
Virginia (Mr. Tom Davis).
  The amendment was agreed to.
  Mr. YOUNG of Florida. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I would like to yield to my colleague from North 
Carolina for a colloquy.
  Mr. BURR of North Carolina. Mr. Chairman, will the gentleman yield?
  Mr. YOUNG of Florida. I yield to the gentleman from North Carolina.
  Mr. BURR of North Carolina. Mr. Chairman, the bill we are debating 
today allows $8.25 million to help replace the public broadcasting 
facilities that were destroyed atop the World Trade Center during the 
devastation of September 11 of this year.
  No one disagrees that the stations in New York, both commercial and 
noncommercial, need to get back to the business of serving the people 
of the city as soon as possible. To date, however, no alternative site 
for the replacement broadcast towers has been located. Unfortunately, 
plans to build the new tower have been stalled, and it is unclear when 
a site will be located. Until then, it is obviously impossible for 
broadcasters to begin projects to rebuild the broadcast facilities and 
get back to reaching the full broadcast area that was served prior to 
September 11.
  For this reason, I think it is only appropriate that NTIA refrain 
from granting this money to the designated stations until a proper site 
is secured to construct a replacement tower. I urge the NTIA to use its 
expertise and planning resources to help New York broadcasters with any 
engineering and technical decisions about the placement of the new 
tower. However, any actual grant of these monies should occur only 
after such a tower is located.
  Mr. YOUNG of Florida. Mr. Chairman, reclaiming my time, I agree with 
the gentleman from North Carolina that the funding in this bill is for 
the purpose of reinstituting full broadcast service to the people of 
New York City. The NTIA will make the funding available to the stations 
as soon as the most appropriate location of the replacement tower is 
secured.
  Mr. Chairman, I yield to my colleague from Alabama for a brief 
statement.
  Mr. ADERHOLT. Mr. Chairman, will the gentleman yield?
  Mr. YOUNG of Florida. I yield to the gentleman from Alabama.
  Mr. ADERHOLT. Mr. Chairman, Johnny Michael Spann, the world found out 
today, is the first American known to have died in combat in 
Afghanistan. Having grown up in Winfield, Alabama, he served in the 
United States Marine Corps, and was a Central Intelligence Agency 
officer when he was killed during the prison riot at Mazar-e Sharif.
  Winfield, Alabama, is in the congressional district I represent, and 
only a few miles from my hometown. I am currently preparing a 
resolution to honor Mr. Spann in his service for his country. He was 32 
years old and a father of three, and I extend my condolences to his 
family, and ask that all Americans keep his family in their prayers in 
the days to come.
  Mr. YOUNG of Florida. Mr. Chairman, I join in the statement of the 
gentleman from Alabama, and extend the condolences and the sympathies 
from this Member in the death of this heroic young American.


             Amendment Offered by Ms. Jackson-Lee of Texas

  Ms. JACKSON-LEE of Texas. Mr. Chairman, I offer an amendment.
  The Clerk read as follows:

       Amendment offered by Ms. Jackson-Lee of Texas:
       Page 142, line 23, strike the period at the end and insert 
     ``, of which $5,000,000 is for enforcement of section 
     212(a)(1) of the Immigration and Nationality Act.''.

  Ms. JACKSON-LEE of Texas. Mr. Chairman, first of all, as I said 
earlier today, I appreciate the work of both the chairman and the 
ranking member of this committee, and appreciate how difficult a task 
this is.
  I would have hoped that the Sweeney-Lowey amendment would have been 
made in order to help our fellow New Yorkers and fellow Americans. I 
would have hoped that the Obey amendment that dealt specifically with 
homeland security would have been made in order, and we would have had 
an opportunity to confront security within our Nation head on.
  We find ourselves debating now with unfinished work. I mentioned 
earlier that our task is to be proactive. This amendment simply 
reinforces my commitment to being proactive. It deals with the 
enforcement of health conditions at our border, and specifically in 
enforcement of section 212(a)(1) of the Immigration and Nationality 
Act. This amendment would have provided extra dollars for health 
inspectors and others who would help us assist with individuals who 
might be crossing our border

[[Page 23277]]

with contagious diseases. But more particularly, it would assist us in 
the detection of individuals who would do harm by bringing across 
infectious diseases such as smallpox.
  We have offered to say to the American public that we must go on with 
our lives and live as we lived before September 11. We must fly in 
airplanes and visit our relatives, and I agree with that. But as we 
fight the evilness of terrorism, it is important that we are proactive.
  Mr. Chairman, this is a simple amendment. It simply would have taken 
the dollars and isolated them or targeted them specifically to help 
enforce or provide extra staff to enforce this provision which will be 
able to detect those individuals traveling across the border with 
infectious diseases.
  I only realized in the course of this bill that this particular 
aspect of it needs to be part of a larger picture. I am going to 
withdraw this amendment hoping that we can move homeland security 
legislation forward in this House as quickly as possible, that these 
issues dealing with the securing of our border, these issues dealing 
with health inspectors at our borders, will be a first priority or a 
high priority in securing the homeland.
  Likewise, Mr. Chairman, I hope that we will not find ourselves 
borrowing from Peter to pay Paul, taking money from other resources in 
order to move forward with homeland security. I believe this is an 
emergency and that these dollars should be separately set aside in 
order to provide the security that we need while funding our hospitals 
and public clinics and providing more dollars for law enforcement, and 
helping to support the new airport security legislation. We need 
emergency-added dollars. More particularly, we need to act now.
  This amendment, I believe, was a good amendment to ensure that those 
who would come across the border with infectious diseases to do wrong 
would be detected at the border. We are lacking in the resources to do 
that. But if we are not going to act today, I hope that we will act 
extremely quickly, and I will say to the ranking member and the 
chairman, I hope that they will consider this amendment and consider 
the need for this amendment and the resources, and provide the extra 
staffing at our borders to be able to protect those within our borders, 
and fight terrorism proactively and to move now on behalf of the 
American people.
  The terrorist attacks of September 11, 2001, have challenged Congress 
to assess and protect against the many risks that this Nation faces. 
But one of the greatest and least understood risks is the biological 
threat at our Nation's borders.
  America is ill-equipped to deal with terrorist who, infected with 
deadly biological agents, attempt to pass through our borders. Once 
such agents pass into the United States, undetected by our border 
security as it currently exists, they may proceed to launch a terrorist 
attack against unsuspecting Americans by spreading the disease at an 
alarming and epidemic rate.
  For example, one of the most deadly biological threats known to 
science is smallpox. Although smallpox was ``eliminated'' from the 
world in 1977, stockpiles still exist in secure facilities in the 
United States, and in more loosely secured facilities in Russia.
  According to the American Medical Association and information 
available for the U.S. Army Medical Research Institute of Infectious 
Diseases, ``Because financial support in laboratories in Russia has 
sharply declined in recent years, there are increasing concerns that 
existing expertise and equipment (e.g., smallpox) might fall into non-
Russian hands.''
  While it is not clear whether this disease has been obtained by 
terrorist cells, such an incident could lead to a terrorist attack that 
would have national and global ramifications.
  In the case of smallpox, the incubation period is about 12 days. 
During this period, there is minimal visual indication of the disease, 
allowing a person infected to easily pass through border security 
undetected.
  Even at later stages of the disease, where a characteristic rash, 
flat red lesions and scabs are apparent, there are few medical 
professionals at our borders to properly identify and diagnose the 
disease. Undetected, smallpox may spread from one person to another by 
infected saliva droplets that expose a susceptible person having face-
to-face contact with the ill person.
  According to the Centers for Disease Control, infection results in 
death in up to 30 percent of cases. According to the American Medical 
Association ``In a now highly susceptible, mobile population, smallpox 
would be able to spread widely and rapidly throughout this country and 
the world.'' Clearly, these threats are real and must be addressed.
  My amendment provides $5,000,000.00 for the creation of a Border 
Health Inspectors program, under the Immigration and Nationalization 
Service, in order to identify and thwart human biological threats to 
national security at our borders. As the American Medical Association 
warns ``The discovery of a single suspected case of smallpox must be 
treated as an international health emergency and be brought to the 
attention of national health officials.'' My amendment ensures that 
such national health officials are at our borders and that they have 
the tools they need to protect us all.
  I urge my colleagues to support it.
  Mr. Chairman, I ask unanimous consent to withdraw this amendment.
  The CHAIRMAN. Is there objection to the request of the gentlewoman 
from Texas?
  There was no objection.
  The CHAIRMAN. Are there any further amendments?


          Amendment Offered by Mr. George Miller of California

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentleman from California (Mr. George 
Miller) on which further proceedings were postponed and on which the 
ayes prevailed by voice vote.
  The Clerk will designate the amendment.
  The Clerk designated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 201, 
noes 220, not voting 11, as follows:

                             [Roll No. 457]

                               AYES--201

     Abercrombie
     Allen
     Andrews
     Baca
     Baird
     Baldacci
     Baldwin
     Barrett
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berman
     Berry
     Bilirakis
     Bishop
     Blagojevich
     Blumenauer
     Bonior
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capito
     Capps
     Capuano
     Cardin
     Carson (OK)
     Clay
     Clayton
     Clement
     Clyburn
     Coble
     Condit
     Conyers
     Costello
     Coyne
     Cramer
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Jo Ann
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Dingell
     Doggett
     Dooley
     Doyle
     Dunn
     Edwards
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Frank
     Frost
     Gephardt
     Gonzalez
     Gordon
     Green (TX)
     Gutierrez
     Hall (OH)
     Hall (TX)
     Harman
     Hart
     Hastings (FL)
     Hefley
     Hill
     Hilliard
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Kucinich
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     LaTourette
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren
     Lucas (KY)
     Luther
     Lynch
     Maloney (CT)
     Markey
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCollum
     McDermott
     McGovern
     McIntyre
     McKinney
     Meehan
     Meek (FL)
     Menendez
     Millender-McDonald
     Miller, George
     Mink
     Mollohan
     Moore
     Moran (VA)
     Murtha
     Napolitano
     Neal
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pelosi
     Peterson (MN)
     Phelps
     Pomeroy
     Price (NC)
     Rahall
     Reyes
     Rivers
     Rodriguez
     Roemer
     Ross
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Sawyer
     Schaffer
     Schakowsky
     Schiff
     Scott
     Sherman
     Shows
     Skelton
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Toomey
     Traficant
     Turner
     Udall (CO)
     Udall (NM)
     Visclosky
     Waters
     Watson (CA)
     Watt (NC)
     Waxman
     Wilson
     Woolsey
     Wu
     Wynn

                               NOES--220

     Ackerman
     Aderholt
     Akin
     Armey
     Bachus
     Baker
     Ballenger
     Barcia
     Barr
     Bartlett
     Barton
     Bass
     Biggert
     Blunt
     Boehlert

[[Page 23278]]


     Bonilla
     Bono
     Brady (TX)
     Brown (SC)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Castle
     Chabot
     Collins
     Combest
     Cooksey
     Cox
     Crane
     Crenshaw
     Crowley
     Culberson
     Cunningham
     Davis, Tom
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Doolittle
     Dreier
     Duncan
     Ehlers
     Ehrlich
     Emerson
     Engel
     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
     Hastings (WA)
     Hayes
     Hayworth
     Herger
     Hilleary
     Hinchey
     Hobson
     Hoekstra
     Horn
     Hostettler
     Houghton
     Hulshof
     Hunter
     Hyde
     Isakson
     Israel
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kerns
     King (NY)
     Kingston
     Kirk
     Knollenberg
     Kolbe
     LaFalce
     LaHood
     Largent
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lowey
     Lucas (OK)
     Maloney (NY)
     Manzullo
     McCarthy (NY)
     McCrery
     McHugh
     McInnis
     McKeon
     McNulty
     Meeks (NY)
     Mica
     Miller, Dan
     Miller, Gary
     Miller, Jeff
     Moran (KS)
     Morella
     Myrick
     Nadler
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Osborne
     Ose
     Otter
     Owens
     Oxley
     Pence
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Portman
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Rangel
     Regula
     Rehberg
     Reynolds
     Riley
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roukema
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schrock
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skeen
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Stump
     Sununu
     Sweeney
     Tancredo
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Tiberi
     Towns
     Upton
     Velazquez
     Vitter
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watts (OK)
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--11

     Boehner
     Carson (IN)
     Chambliss
     Cubin
     DeFazio
     Ford
     Latham
     Peterson (PA)
     Quinn
     Rothman
     Wexler

                              {time}  2136

  Messrs. TERRY, BUYER, BARTON of Texas, EVERETT, RANGEL, BARCIA, NEY 
and HOSTETTLER changed their vote from ``aye'' to ``no.''
  Mr. MEEHAN and Ms. HART changed their vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  The CHAIRMAN. The Clerk will read the last two lines of the bill.
  The Clerk read as follows:

       This division may be cited as the ``Emergency Supplemental 
     Act, 2002''.

  The CHAIRMAN. There being no further amendments, under the rule, the 
Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Simpson) having assumed the chair, Mr. Camp, Chairman of the Committee 
of the Whole House on the State of the Union, reported that that 
Committee, having had under consideration the bill (H.R. 3338) making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2002, and for other purposes, pursuant to House 
Resolution 296, he reported the bill, as amended pursuant to that rule, 
back to the House with further sundry amendments adopted by the 
Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment? If not, the Chair will 
put them en gros.
  The amendments were agreed to.
  The SPEAKER pro tempore. The question is on engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  Under clause 10 of rule XX, the yeas and nays are ordered.
  The vote was taken by electronic device, and there were--yeas 406, 
nays 20, not voting 7, as follows:

                             [Roll No. 458]

                               YEAS--406

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

[[Page 23279]]



                                NAYS--20

     Blumenauer
     Brown (OH)
     Conyers
     Delahunt
     Eshoo
     Filner
     Hinchey
     Jackson (IL)
     Lee
     Lewis (GA)
     McDermott
     McKinney
     Miller, George
     Nadler
     Owens
     Paul
     Payne
     Serrano
     Stark
     Velazquez

                             NOT VOTING--7

     Carson (IN)
     Cubin
     DeFazio
     Ford
     Quinn
     Rothman
     Wexler

                              {time}  2154

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________