[House Report 107-303]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-303
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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
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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.