[House Report 107-303]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-303

======================================================================



 
    PROVIDING FOR CONSIDERATION OF H.R. 3338, DEPARTMENT OF DEFENSE 
                        APPROPRIATIONS ACT, 2002

                                _______
                                

 November 27, 2001.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mrs. Myrick, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 296]

    The Committee on Rules, having had under consideration 
House Resolution 296, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                summary of provisions of the resolution

    The resolution provides for consideration of H.R. 3338, the 
Department of Defense Appropriations Act, 2002, under an open 
rule. The rule provides one hour of general debate divided 
equally between the chairman and ranking minority member of the 
Committee on Appropriations. The rule waives all points of 
order against consideration of the bill and provides that the 
bill shall be considered for amendment by paragraph.
    The rule provides that the amendment printed in this report 
shall be considered as adopted. The rule waives points of order 
against provisions in the bill, as amended, for failure to 
comply with clause 2 of rule XXI (prohibiting unauthorized or 
legislative provisions in a general appropriations bill or 
prohibiting reappropriations in a general appropriations bill), 
except as specified in the rule. The rule further waives points 
of order during consideration of the bill against amendments 
for failure to comply with clause 2(e) of rule XXI (prohibiting 
nonemergency designated amendments to be offered to an 
appropriations bill containing an emergency designation).
    The rule authorizes the Chairman of the Committee of the 
Whole to accord priority in recognition to Members who have 
preprinted their amendments in the Congressional Record. 
Finally, the rule provides one motion to recommit with or 
without instructions.
    The waiver of all points of order against consideration of 
the bill includes a waiver of clause 4(c) of rule XIII 
(requiring the three-day availability of printed hearings on a 
general appropriations bill), which is necessary because the 
printed hearings are not yet available and the bill may be 
considered on the floor as early as Wednesday, November 28, 
2001. The waiver also includes a waiver of section 306 of the 
Congressional Budget Act (prohibiting consideration of 
legislation within the Budget Committee's jurisdiction, unless 
reported by the Budget Committee) because the bill includes a 
provision that falls within the jurisdiction of the Budget 
Committee that has not be reported by that Committee.
    The waiver of clause 2 of rule XXI is necessary because 
there are several unauthorized and legislative provisions in 
the bill, which are listed in the report accompaying H.R. 3338 
(H. Rept. 107-298). The description of provisions relating to 
transfers of funds and descriptions of provisions constituting 
legislation on an appropriations bill and unauthorized 
provisions can also be found in the report.

                            committee votes

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 51

    Date: November 27, 2001.
    Measure: H.R. 3338.
    Motion by: Mr. Frost.
    Summary of motion: To make in order the amendment by 
Representative Frost to provide $6.548 billion in additional FY 
02 emergency anti-terrorism appropriations as follows: $2.001 
billion for intelligence upgrades; $817 million for chemical 
and biological defense capabilities; $755 million for Special 
Forces capabilities; $912 million for munitions/essential 
equipment replenishment; $966 million for force protection 
improvements; $602 million for essential aircraft upgrades; and 
$495 million for operational costs for Afghan operation. The 
amendment also provides that no funds are to be available 
unless the President designates these funds as ``emergency'' 
requirements pursuant to Budget Act procedures.
    Results: Defeated 2-8.
    Vote by Members: Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; 
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Reynolds--Nay; 
Frost--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 52

    Date: November 27, 2001.
    Measure: H.R. 3338.
    Motion by: Mr. Frost.
    Summary of motion: To make in order the amendment by 
Representative Obey to add $7.1 billion for homeland security, 
including $1.6 billion for protection against bio-terrorism; 
$500 million for postal security; $578 million for airport and 
airline security; $818 million for federal law enforcement 
activities; $1 billion to secure chemical, biological and 
nuclear weapons; $318 million for immigration and border 
security; $513 million for port security; $200 million for 
train and bus security; $414 million for food and water safety; 
$876 million to secure government facilities; $100 million for 
school and college security; and $210 million for other 
security measures, such as grants for first responders and 
foreign language training.
    Results: Defeated 2-8.
    Vote by Members: Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; 
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Reynolds--Nay; 
Frost--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 53

    Date: November 27, 2001.
    Measure: H.R. 3338.
    Motion by: Mr. Frost.
    Summary of motion: To make in order the amendment by 
Representatives Sweeney, Lowey, Nadler, Hinchey, and Serrano to 
add $10.4 billion in contingency emergency funds for New York 
and Virginia, which would not be released until the President 
declared an emergency need for the funds, at which point the 
money would become available.
    Results: Defeated 2-8.
    Vote by Members: Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; 
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Reynolds--Nay; 
Frost--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 54

    Date: November 27, 2001.
    Measure: H.R. 3338.
    Motion by: Mr. Frost.
    Summary of motion: To not waive points of order for section 
803, page 171, line 17 through page 173, line 3.
    Results: Defeated 2-8.
    Vote by Members: Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; 
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Reynolds--Nay; 
Frost--Yea; Hastings (FL)--Yea; Dreier--Nay.

Rules Committee record vote No. 55

    Date: November 27, 2001.
    Measure: H.R. 3338.
    Motion by: Mr. Hastings (FL).
    Summary of motion: To make in order the amendment by 
Representative Hastings (FL) to increase total funding provided 
to the Small Business Administration for the purpose of 
disaster loans to small businesses by $460 million to a total 
of $600 million. The amendment offsets this spending from the 
section under Title IX of the bill entitled ``Research, 
Development, Test and Evaluation, Ballistic Missile Defense 
Organization.''
    Results: Defeated 2-8.
    Vote by Members: Linder--Nay; Pryce--Nay; Diaz-Balart--Nay; 
Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; Reynolds--Nay; 
Frost--Yea; Hastings (FL)--Yea; Dreier--Nay.

            summary of amendment to be considered as adopted

    (Summary derived from information provided by amendment 
sponsor.)
    Strikes the provision in Chapter 7, Department of Labor, 
under the heading ``Employment and Training Administration, 
Training and Employment Services,'' which provided $1.5 billion 
for the new National Emergency Grant program; reduces the 
amount available for FEMA Disaster Relief in Chapter 12 by $555 
million; and creates a new Chapter 14 with the funds derived 
from the two aforementioned actions which would provide $12 
million for the CDC, $10.5 million for the National Institute 
of Environmental Health Sciences, $1.825 billion for additional 
Community Development Grants through HUD to assist rebuilding 
and retraining of businesses and other economic development 
activities specifically in that part of New York City impacted 
by the events of September 11th, $32.5 million for training and 
employment services to be provided through the Consortium for 
Worker Education, and $175 million for worker compensation 
processing and claims programs in the State of New York.

             text of amendment to be considered as adopted

  Page 162, strike line 21 and all that follows through page 
164, line 8.
  Page 192, line 5, strike ``$4,900,000,000'' and insert 
``$4,345,000,000''.
  Page 194, after line 5, insert the following new chapter:

                               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 United States, 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.

                                  
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