CONGRESSIONAL RECORD—HOUSE December 19, 2001

27176 CONGRESSIONAL RECORD—HOUSE December 19, 2001 Service submits to the Committees on Appropria- 11, 2001, terrorist attacks; and (3) begin proc- and chemical threats to populations, for ‘‘State tions, the House Committee on Government Re- essing such applications: Provided further, That and tribal assistance grants’’, $5,000,000, to reform, and the Senate Committee on Govern- the corporation shall expeditiously respond to main available until expended, to be obligated mental Affairs an emergency preparedness plan any application from an individual, nonprofit from amounts made available in Public Law to combat the threat of biological and chemical or small business for economic losses under this 107–38. substances in the mail, including a plan for ex- heading: Provided further, that of the total The referenced statement of the managers penditure of funds in support of the emergency amount made available for the ‘‘Community De- under this heading in Public Law 107–73 is preparedness plan. velopment Fund’’, including amounts previously deemed to be amended by striking ‘‘Florida De- EXECUTIVE OFFICE OF THE PRESIDENT made available by transfer pursuant to the fifth partment of Environmental Protection’’ in ref- proviso of Public Law 107–38, no less than erence to item number 92, and inserting ‘‘South- OFFICE OF ADMINISTRATION $500,000,000 shall be made available for individ- west Florida Water Management District’’; and SALARIES AND EXPENSES uals, nonprofits or small businesses described in by striking ‘‘Southeast’’ in reference to item For emergency expenses to respond to the Sep- the prior three provisos, with a limit of $500,000 number 9, and inserting ‘‘Southwest’’. tember 11, 2001, terrorist attacks on the United per small business for economic losses: Provided The referenced statement of the managers States, for ‘‘Salaries and Expenses’’, further, That amounts made available in the under this heading in Public Law 106–377 is $126,512,000, to remain available until expended, previous proviso shall only be available for indi- deemed to be amended by striking ‘‘repairs to to be obligated from amounts made available in viduals, nonprofits or small businesses located water and sewer lines’’ in reference to item Public Law 107–38. in New York City in the area located on or number 171 and inserting ‘‘water and INDEPENDENT AGENCIES south of West 14th Street (west of its intersec- waterwater infrastructure improvements’’. GENERAL SERVICES ADMINISTRATION tion with 5th Avenue), or on or south of East FEDERAL EMERGENCY MANAGEMENT AGENCY 14th Street (east of its intersection with 5th REAL PROPERTY ACTIVITIES DISASTER RELIEF Street): Provided further, That, of the amount FEDERAL BUILDINGS FUND For emergency expenses to respond to the Sep- provided in this paragraph, $10,000,000 shall be tember 11, 2001, terrorist attacks on the United For emergency expenses to respond to the Sep- used for a program to aid the travel and tourism States, for ‘‘Disaster relief’’, $4,356,871,000, to tember 11, 2001, terrorist attacks on the United industry in New York City. remain available until expended, to be obligated States, for ‘‘Federal Buildings Fund’’, MANAGEMENT AND ADMINISTRATION from amounts made available in Public Law $126,512,000, to remain available until expended, 107–38. to be obligated from amounts made available in OFFICE OF INSPECTOR GENERAL Public Law 107–38. For emergency expenses to respond to the Sep- SALARIES AND EXPENSES tember 11, 2001, terrorist attacks on the United For emergency expenses to respond to the Sep- NATIONAL ARCHIVES AND RECORDS States, for ‘‘Office of Inspector General’’, tember 11, 2001, terrorist attacks on the United ADMINISTRATION $1,000,000, to remain available until expended, States, for ‘‘Salaries and expenses’’, $25,000,000 OPERATING EXPENSES to be obligated from amounts made available in to remain available until expended, to be obli- For emergency expenses to respond to the Sep- Public Law 107–38. gated from amounts made available in Public tember 11, 2001, terrorist attacks on the United INDEPENDENT AGENCIES Law 107–38 of which not less than $10,000,000 States, for ‘‘Operating Expenses’’, $1,600,000, to shall be used to enhance the capabilities of the DEPARTMENT OF HEALTH AND HUMAN remain available until expended, to be obligated National Security Division. SERVICES from amounts made available in Public Law EMERGENCY MANAGEMENT PLANNING AND 107–38. NATIONAL INSTITUTES OF HEALTH ASSISTANCE REPAIRS AND RESTORATION NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH (INCLUDING TRANSFER OF FUNDS) For emergency expenses to respond to the Sep- SCIENCES For emergency expenses to respond to the Sep- tember 11, 2001, terrorist attacks on the United For emergency expenses to respond to the Sep- tember 11, 2001, terrorist attacks on the United States, for ‘‘Repairs and Restoration’’, tember 11, 2001, terrorist attacks on the United States, for ‘‘Emergency management planning $1,000,000, to remain available until expended, States for ‘‘National Institute of Environmental and assistance’’, $10,000,000, to remain available to be obligated from amounts made available in Health Sciences’’ for carrying out under current until expended, to be obligated from amounts Public Law 107–38. authorities, worker training, research, and edu- made available in Public Law 107–38, which GENERAL PROVISION, THIS CHAPTER cation activities, $10,500,000, to remain available shall be available for support of the 2002 Winter until expended, to be obligated from amounts SEC. 1201. Section 652(c)(1) of Public Law 107– Olympics. made available in Public Law 107–38. 67 is amended by striking ‘‘Section 414(c)’’ and For an additional amount for emergency ex- Public Law 107–73 is amended under this inserting ‘‘Section 416(c)’’. penses to respond to the September 11, 2001, ter- heading by adding ‘‘and section 126(g) of the rorist attacks on the United States and to sup- CHAPTER 13 Superfund Amendments and Reauthorization port activities related to countering terrorism, DEPARTMENT OF VETERANS AFFAIRS Act of 1986,’’ after the words, ‘‘as amended,’’. for ‘‘Emergency management planning and as- DEPARTMENTAL ADMINISTRATION ENVIRONMENTAL PROTECTION AGENCY sistance’’, $210,000,000, to remain available until GENERAL OPERATING EXPENSES SCIENCE AND TECHNOLOGY September 30, 2003, for programs as authorized For emergency expenses to respond to the Sep- For emergency expenses to respond to the Sep- by section 33 of the Federal Fire Prevention and tember 11, 2001, terrorist attacks on the United tember 11, 2001, terrorist attacks on the United Control Act of 1974, as amended (15 U.S.C. 2201 States for ‘‘General operating expenses’’, States, and to support activities related to coun- et seq.), as in effect on December 7, 2001, to be $2,000,000, to remain available until expended, tering terrorism, for ‘‘Science and technology’’, obligated from amounts made available in Pub- to be obligated from amounts made available in $90,308,000, to remain available until expended, lic Law 107–38: Provided, That up to 5 percent Public Law 107–38. to be obligated from amounts made available in of this amount shall be transferred to ‘‘Salaries and expenses’’ for program administration. DEPARTMENT OF HOUSING AND URBAN Public Law 107–38. DEVELOPMENT ENVIRONMENTAL PROGRAMS AND MANAGEMENT NATIONAL AERONAUTICS AND SPACE ADMINISTRATION COMMUNITY PLANNING AND DEVELOPMENT For emergency expenses to respond to the Sep- HUMAN SPACE FLIGHT COMMUNITY DEVELOPMENT FUND tember 11, 2001, terrorist attacks on the United States, and to support activities related to coun- For emergency expenses to respond to the Sep- For emergency expenses to respond to the Sep- tering terrorism, for ‘‘Environmental programs tember 11, 2001, terrorist attacks on the United tember 11, 2001, terrorist attacks on the United and management’’, $39,000,000, to remain avail- States, for ‘‘Human space flight’’, $76,000,000, to States, for ‘‘Community Development Fund’’, able until expended, to be obligated from remain available until expended, to be obligated $2,000,000,000, to remain available until ex- amounts made available in Public Law 107–38. from amounts made available in Public Law pended, to be obligated from amounts made 107–38. available in Public Law 107–38: Provided, That HAZARDOUS SUBSTANCE SUPERFUND SCIENCE, AERONAUTICS AND TECHNOLOGY such funds shall be subject to the first through For emergency expenses to respond to the Sep- For emergency expenses to respond to the Sep- sixth provisos in section 434 of Public Law 107– tember 11, 2001, terrorist attacks on the United tember 11, 2001, terrorist attacks on the United 73: Provided further, That the State of New States, and to support activities related to coun- States, for ‘‘Science, aeronautics and tech- York, in conjunction with the City of New York, tering terrorism, for ‘‘Hazardous substance nology’’, $32,500,000, to remain available until shall, through the Lower Manhattan Redevelop- superfund’’, $41,292,000, to remain available expended, to be obligated from amounts made ment Corporation (‘‘the corporation’’): (1) dis- until expended, to be obligated from amounts available in Public Law 107–38. tribute the funds provided for the ‘‘Community made available in Public Law 107–38. Development Fund’’; (2) within 45 days of en- STATE AND TRIBAL ASSISTANCE GRANTS NATIONAL SCIENCE FOUNDATION actment of this Act, issue the initial criteria and For making grants for emergency expenses to RESEARCH AND RELATED ACTIVITIES requirements necessary to accept applications respond to the September 11, 2001, terrorist at- For emergency expenses to respond to the Sep- from individuals, nonprofits and small busi- tacks on the United States, and to support ac- tember 11, 2001, terrorist attacks on the United nesses for economic losses from the September tivities related to countering potential biological States, for ‘‘Research and related activities’’,

VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00177 Fmt 0688 Sfmt 6333 E:\BR01\H19DE1.006 H19DE1 December 19, 2001 CONGRESSIONAL RECORD—HOUSE 27177 $300,000 to remain available until expended, to and liquidation of obligations and deficiencies CHAPTER 14 be obligated from amounts made available in incurred in prior years in connection with the GENERAL PROVISIONS, THIS DIVISION Public Law 107–38. provision of technical assistance authorized SEC. 1401. Amounts which may be obligated GENERAL PROVISIONS, THIS CHAPTER under section 514 of the Multifamily Assisted pursuant to this division are subject to the terms SEC. 1301.(a) This section may be cited as the Housing Reform and Affordability Act of 1997 and conditions provided in Public Law 107–38. ‘‘Unity in the Spirit of America Act’’ or the (‘‘section 514’’), and notwithstanding any other SEC. 1402. No part of any appropriation con- ‘‘USA Act’’. provision of law, for new obligations for such tained in this division shall remain available for (b) The National and Community Service Act technical assistance: Provided, That of the obligation beyond the current fiscal year unless of 1990 (42 U.S.C. 12501 et seq.) is amended by $11,300,000 made available, up to $1,300,000 shall expressly so provided herein. inserting before title V the following: be for reimbursement of vouchers submitted by SEC. 1403. Notwithstanding any other provi- ‘‘TITLE IV—PROJECTS HONORING VICTIMS section 514 grantees as of October 15, 2001: Pro- sion of law, of the funds made available in this OF TERRORIST ATTACKS vided further, That of the total amount provided or any other Act, funds may be transferred to under the heading ‘‘Salaries and expenses’’ in the Department of Defense from an agency re- ‘‘SEC. 401. PROJECTS. title II of Public Law 107–73, $500,000 shall be ceiving National Guard services related to home- ‘‘(a) DEFINITION.—In this section, the term made available from salaries and expenses allo- land security to cover the costs of such services ‘Foundation’ means the Points of Light Foun- cated to the Office of General Counsel and that the agency incurred after the date of enact- dation funded under section 301, or another $1,000,000 shall be made available from salaries ment of this Act: Provided, That such authority nonprofit private organization, that enters into to transfer shall expire on April 30, 2002: Pro- an agreement with the Corporation to carry out and expenses allocated to the Office of Multi- vided further, That each agency receiving Na- this section. family Housing Assistance Restructuring in the tional Guard services related to homeland secu- ‘‘(b) IDENTIFICATION OF PROJECTS.— Department of Housing and Urban Development rity shall submit to the House and Senate Com- ‘‘(1) ESTIMATED NUMBER.—Not later than for new obligations for the provision of tech- mittees on Appropriations a detailed report of March 1, 2002, the Foundation, after obtaining nical assistance authorized under section 514: the National Guard’s homeland defense activi- the guidance of the heads of appropriate Fed- Provided further, That of the $11,300,000 pro- ties and expenses incurred after the date of en- eral agencies, such as the Director of the Office vided under this section, no more than actment of this Act and planned for the remain- of Homeland Security and the Attorney General, $10,000,000 shall be made available for new obli- der of fiscal year 2002 for that agency and any shall— gations for technical assistance under section proposed transfers fifteen days prior to such ‘‘(A) make an estimate of the number of vic- 514: Provided further, That from amounts made transfers pursuant to this authority. tims killed as a result of the terrorist attacks on available under this section, the Inspector Gen- This division may be cited as the ‘‘Emergency September 11, 2001 (referred to in this section as eral of the Department of Housing and Urban Supplemental Act, 2002’’. the ‘estimated number’); and Development (‘‘HUD Inspector General’’) shall ‘‘(B) compile a list that specifies, for each in- audit each provision of technical assistance ob- DIVISION C—SPENDING LIMITS AND BUDG- dividual that the Foundation determines to be ligated under the requirements of section 514 ETARY ALLOCATIONS FOR FISCAL YEAR 2002 such a victim, the name of the victim and the over the last 4 years: Provided further, That to State in which the victim resided. the extent the HUD Inspector General deter- SEC. 101. (a) DISCRETIONARY SPENDING LIM- ‘‘(2) IDENTIFIED PROJECTS.—The Foundation mines that the use of any funding for technical ITS.—Section 251(c)(6) of the Balanced Budget may identify approximately the estimated num- assistance does not meet the requirements of sec- and Emergency Deficit Control Act of 1985 is ber of community-based national and commu- tion 514, the Secretary of Housing and Urban amended— nity service projects that meet the requirements Development (‘‘Secretary’’) shall recapture any (1) by striking subparagraph (A) and inserting of subsection (d). The Foundation may name such funds: Provided further, That no funds ap- the following: projects in honor of victims described in sub- ‘‘(A) for the discretionary category: propriated under title II of Public Law 107–73 section (b)(1)(A), after obtaining the permission $681,441,000,000 in new budget authority and and subsequent appropriations acts for the De- of an appropriate member of the victim’s family $670,206,000,000 in outlays;’’; partment of Housing and Urban Development and the entity carrying out the project. (2) in subparagraph (C), by striking the sec- shall be made available for four years to any en- ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to ond ‘‘and’’ after the semicolon; and have a project named under this section, the entity (or any subsequent entity comprised of sig- (3) in subparagraph (D), by striking tity carrying out the project shall be a political nificantly the same officers) that has been iden- ‘‘$1,232,000,000’’ and inserting ‘‘$1,473,000,000’’. subdivision of a State, a business, a nonprofit tified as having violated the requirements of sec- (b) REVISED AGGREGATES AND ALLOCATIONS.— organization (which may be a religious organi- tion 514 by the HUD Inspector General: Pro- Upon the enactment of this section, the chair- zation), an Indian tribe, or an institution of vided further, That, notwithstanding any other man of the Committee on the Budget of the higher education. provision of law, no funding for technical as- House of Representatives and the chairman of ‘‘(d) PROJECTS.—The Foundation shall name, sistance shall be available for carryover from the Committee on the Budget of the Senate shall under this section, projects— any previous year: Provided further, That the each— ‘‘(1) that advance the goals of unity, and im- recordation and liquidation of obligations and (1) revise the aggregate levels of new budget proving the quality of life in communities; and deficiencies under this heading shall not pardon authority and outlays for fiscal year 2002 set in ‘‘(2) that will be planned, or for which imple- or release an officer or employee of the United sections 101(2) and 101(3) of the concurrent reso- mentation will begin, within a reasonable period States Government for an act or acts in viola- lution on the budget for fiscal year 2002 (H. after the date of enactment of the Unity in the tion of the Anti-deficiency Act (31 U.S.C. 1341): Con. Res. 83, 107th Congress), to the extent nec- Spirit of America Act, as determined by the Provided further, That the Secretary shall im- essary to reflect the revised limits on discre- Foundation. plement the provisions under this section in a tionary budget authority and outlays for fiscal ‘‘(e) WEBSITE AND DATABASE.—The Founda- manner that does not accelerate outlays. year 2002 provided in subsection (a); tion shall create and maintain websites and (2) revise allocations under section 302(a) of SEC. 1304. The referenced statement of the databases, to describe projects named under this the Congressional Budget Act of 1974 to the managers pertaining to economic development section and serve as appropriate vehicles for rec- Committee on Appropriations of their respective initiatives under the heading ‘‘Community De- ognizing the projects.’’. House as initially set forth in the joint explana- velopment Fund’’ in Public Law 107–73 is SEC. 1302. Within funds previously appro- tory statement of managers accompanying the priated as authorized under the Native Amer- deemed to be amended by striking ‘‘Willacacy conference report on that concurrent resolution, ican Housing and Self Determination Act of 1996 County Boys and Girls Club in Willacacy Coun- to the extent necessary to reflect the revised lim- (Pub. L. 104–330, § 1(a), 110 Stat. 4016) and made ty, Texas’’ in reference to an appropriation for its on discretionary budget authority and out- available to Cook Inlet Housing Authority, Cook the Willacy County Boys and Girls Club, and lays for fiscal year 2002 provided in subsection Inlet Housing Authority may use up to inserting ‘‘Willacy County Boys and Girls Club (a); and $9,500,000 of such funds to construct student in Willacy County, Texas’’; by striking ‘‘Acres (3) publish those revised aggregates and allo- housing for Native college students, including Home Community Development Corporation’’ in cations in the Congressional Record. an on-site computer lab and related study facili- reference to an appropriation in Houston, (c) REPEAL OF SECTION 203 OF BUDGET RESO- ties, and, notwithstanding any provision of Texas, and inserting ‘‘Old Acres Homes Citizens LUTION FOR FISCAL YEAR 2002.—Section 203 of such Act to the contrary, Cook Inlet Housing Council’’; and by striking ‘‘$250,000 to the Good the concurrent resolution on the budget for fis- Authority may use a portion of such funds to Shepard School in Braddock, Pennsylvania for cal year 2002 (H. Con. Res. 83, 107th Congress) establish a reserve fund and to provide for facility renovation;’’ in reference to an appro- is repealed. maintenance of the project. priation in Braddock, Pennsylvania, and insert- (d) ADJUSTMENTS.—If, for fiscal year 2002, the SEC. 1303. Of the amounts made available ing ‘‘$250,000 for facility renovation, of which amount of new budget authority provided in ap- under both the heading ‘‘Housing Certificate $50,000 is for the Good Shepard School in Brad- propriation Acts exceeds the discretionary Fund’’ and the heading ‘‘Salaries and ex- dock, Pennsylvania and $200,000 is for the spending limit on new budget authority for any penses’’ in title II of Public Law 107–73, not to Phipps Conservatory and Botanical Gardens in category due to technical estimates made by the exceed $11,300,000 shall be for the recordation Pittsburgh, Pennsylvania;’’. Director of the Office of Management and

VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00178 Fmt 0688 Sfmt 6333 E:\BR01\H19DE1.007 H19DE1 27178 CONGRESSIONAL RECORD—HOUSE December 19, 2001 Budget, the Director shall make an adjustment willing to donate the underground portion of (i) real property, mineral and oil and gas equal to the amount of the excess, but not to ex- the Mine and certain other real and personal rights, shafts, tunnels, structures, backfill, bro- ceed an amount equal to 0.12 percent of the sum property of substantial value at the Mine for ken rock, fixtures, facilities, and personal prop- of the adjusted discretionary limits on new use as the National Underground Science Lab- erty to be conveyed for establishment and oper- budget authority for all categories for fiscal oratory. ation of the laboratory, as agreed upon by year 2002. (10) Use of the Mine as the site for the labora- Homestake and the State; and SEC. 102. PAY-AS-YOU-GO ADJUSTMENT.—In tory, instead of other locations under consider- (ii) any water that flows into the Mine from preparing the final sequestration report for fis- ation, would result in a savings of millions of any source. cal year 2002 required by section 254(f)(3) of the dollars for the Federal Government. (C) EXCLUSIONS.—The term ‘‘Mine’’ does not Balanced Budget and Emergency Deficit Con- (11) If the Mine is selected as the site for the include— trol Act of 1985, the Director of the Office of laboratory, it is essential that closure of the (i) the feature known as the ‘‘Open Cut’’; Management and Budget shall change any bal- Mine not preclude the location of the laboratory (ii) any tailings or tailings storage facility ance of direct spending and receipts legislation at the Mine. (other than backfill in the portion of the Mine for fiscal years 2001 and 2002 under section 252 (12) Homestake is unwilling to donate, and described in subparagraph (A)); or of that Act to zero. the State is unwilling to accept, the property at (iii) any waste rock or any site used for the SEC. 103. When the President submits a budget the Mine for the laboratory if Homestake and dumping of waste rock (other than broken rock of the United States Government under section the State would continue to have potential li- in the portion of the Mine described in subpara- 1105(a) of title 31, United States Code, for fiscal ability with respect to the transferred property. graph (A)). year 2003, he shall submit a report to the Con- (13) To secure the use of the Mine as the loca- (10) PERSON.—The term ‘‘person’’ means— gress that identifies any emergency-designated tion for the laboratory and to realize the bene- (A) an individual; funding (pursuant to section 251(b)(2)(A) or sec- fits of the proposed laboratory it is necessary for (B) a trust, firm, joint stock company, cor- tion 252(e) of the Balanced Budget and Emer- the United States to— poration (including a government corporation), gency Deficit Control Act of 1985) in legislation (A) assume a portion of any potential future partnership, association, limited liability com- enacted after September 11, 2001, and before liability of Homestake concerning the Mine; and pany, or any other type of business entity; such submission in response to the events of (B) address potential liability associated with (C) a State or political subdivision of a State; (D) a foreign governmental entity; September 11, 2001, that is of an ongoing and re- the operation of the laboratory. (E) an Indian tribe; and curring nature. SEC. 103. DEFINITIONS. (F) any department, agency, or instrumen- SEC. 104. (a) Adjustments made to the section In this title: tality of the United States. 302(a) allocations pursuant to section 101(b) (1) ADMINISTRATOR.—The term ‘‘Adminis- (11) PROJECT SPONSOR.—The term ‘‘project shall be deemed to be allocations set forth in the trator’’ means the Administrator of the Environ- sponsor’’ means an entity that manages or pays joint explanatory statement of managers accom- mental Protection Agency. the costs of 1 or more projects that are carried panying the concurrent resolution on the budget (2) AFFILIATE.— out or proposed to be carried out at the labora- for fiscal year 2002 for all purposes under titles (A) IN GENERAL.—The term ‘‘affiliate’’ means tory. III and IV of the Congressional Budget Act of any corporation or other person that controls, is (12) SCIENTIFIC ADVISORY BOARD.—The term 1974. controlled by, or is under common control with ‘‘Scientific Advisory Board’’ means the entity (b) REPEALER.—Section 221(d)(2) of the con- Homestake. designated in the management plan of the lab- current resolution on the budget for fiscal year (B) INCLUSIONS.—The term ‘‘affiliate’’ in- oratory to provide scientific oversight for the op- 2002 (H. Con. Res. 83, 107th Congress, 1st ses- cludes a director, officer, or employee of an af- eration of the laboratory. sion) is repealed. filiate. (13) STATE.— DIVISION D—MISCELLANEOUS (3) CONVEYANCE.—The term ‘‘conveyance’’ (A) IN GENERAL.—The term ‘‘State’’ means the PROVISIONS means the conveyance of the Mine to the State State of South Dakota. TITLE I—CONVEYANCE OF HOMESTAKE under section 104(a). (B) INCLUSIONS.—The term ‘‘State’’ includes MINE (4) FUND.—The term ‘‘Fund’’ means the Envi- an institution, agency, officer, or employee of ronment and Project Trust Fund established the State. SEC. 101. SHORT TITLE. under section 108. SEC. 104. CONVEYANCE OF REAL PROPERTY. This title may be cited as the ‘‘Homestake (5) HOMESTAKE.— (a) IN GENERAL.— Mine Conveyance Act of 2001’’. (A) IN GENERAL.—The term ‘‘Homestake’’ (1) DELIVERY OF DOCUMENTS.—Subject to SEC. 102. FINDINGS. means the Homestake Mining Company of Cali- paragraph (2) and subsection (b) and notwith- Congress finds the following: fornia, a California corporation. standing any other provision of law, on the exe- (1) The United States is among the leading (B) INCLUSION.—The term ‘‘Homestake’’ in- cution and delivery by Homestake of 1 or more nations in the world in conducting basic sci- cludes— quitclaim deeds or bills of sale conveying to the entific research. (i) a director, officer, or employee of State all right, title, and interest of Homestake (2) That leadership position strengthens the Homestake; in and to the Mine, title to the Mine shall pass economy and national defense of the United (ii) an affiliate of Homestake; and from Homestake to the State. States and provides other important benefits. (iii) any successor of Homestake or successor (2) CONDITION OF MINE ON CONVEYANCE.—The (3) The Homestake Mine in Lead, South Da- to the interest of Homestake in the Mine. Mine shall be conveyed as is, with no represen- kota, owned by the Homestake Mining Company (6) INDEPENDENT ENTITY.—The term ‘‘inde- tations as to the condition of the property. of California, is approximately 8,000 feet deep pendent entity’’ means an independent entity (b) REQUIREMENTS FOR CONVEYANCE.— and is situated in a unique physical setting that selected jointly by Homestake, the South Dakota (1) IN GENERAL.—The Administrator’s accept- is ideal for carrying out certain types of particle Department of Environment and Natural Re- ance of the final report or certification of the physics and other research. sources, and the Administrator— independent entity under paragraph (4) is a (4) The Mine has been selected by the Na- (A) to conduct a due diligence inspection condition precedent of the conveyance and of tional Underground Science Laboratory Com- under section 104(b)(2)(A); and the assumption of liability by the United States mittee, an independent panel of distinguished (B) to determine the fair value of the Mine in accordance with this title. scientists, as the preferred site for the construc- under section 105(a). (2) DUE DILIGENCE INSPECTION.— tion of the National Underground Science Lab- (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (A) IN GENERAL.—As a condition precedent of oratory. has the meaning given the term in section 4 of conveyance and of Federal participation de- (5) Such a laboratory would be used to con- the Indian Self-Determination and Education scribed in this title, Homestake shall permit an duct scientific research that would be funded Assistance Act (25 U.S.C. 450b). independent entity to conduct a due diligence and recognized as significant by the United (8) LABORATORY.— inspection of the Mine to determine whether any States. (A) IN GENERAL.—The term ‘‘laboratory’’ condition of the Mine may present an imminent (6) The establishment of the laboratory is in means the national underground science labora- and substantial endangerment to public health the national interest and would substantially tory proposed to be established at the Mine after or the environment. improve the capability of the United States to the conveyance. (B) CONSULTATION.—As a condition precedent conduct important scientific research. (B) INCLUSION.—The term ‘‘laboratory’’ in- of the conduct of a due diligence inspection, the (7) For economic reasons, Homestake intends cludes operating and support facilities of the Administrator, in consultation with Homestake, to cease operations at the Mine in 2001. laboratory. the South Dakota Department of Environment (8) On cessation of operations of the Mine, (9) MINE.— and Natural Resources, and the independent en- Homestake intends to implement reclamation ac- (A) IN GENERAL.—The term ‘‘Mine’’ means the tity, shall define the methodology and standards tions that would preclude the establishment of a portion of the Homestake Mine in Lawrence to be used, and other factors to be considered, laboratory at the Mine. County, South Dakota, proposed to be conveyed by the independent entity in— (9) Homestake has advised the State that, to the State for the establishment and operation (i) the conduct of the due diligence inspection; after cessation of operations at the Mine, in- of the laboratory. (ii) the scope of the due diligence inspection; stead of closing the entire Mine, Homestake is (B) INCLUSIONS.—The term ‘‘Mine’’ includes— and

VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00179 Fmt 0688 Sfmt 6333 E:\BR01\H19DE1.007 H19DE1 December 19, 2001 CONGRESSIONAL RECORD—HOUSE 27179 (iii) the time and duration of the due diligence than to pay the costs of the long-term response (i) the Federal Water Pollution Control Act inspection. action, or the response action that will be com- (33 U.S.C. 1251 et seq.); (C) PARTICIPATION BY HOMESTAKE.—Nothing pleted as part of the final closure of the Mine, (ii) the Solid Waste Disposal Act (42 U.S.C. in this paragraph requires Homestake to partici- identified under that item. 6901 et seq.); pate in the conduct of the due diligence inspec- (ii) CONTRIBUTION BY HOMESTAKE.—The total (iii) the Comprehensive Environmental Re- tion. amount that Homestake may expend, pay, or de- sponse, Compensation, and Liability Act of 1980 (3) REPORT TO THE ADMINISTRATOR.— posit into the Fund under subclauses (I) and (42 U.S.C. 9601 et seq.); or (A) IN GENERAL.—The independent entity (II) of clause (i) shall not exceed— (iv) any other applicable Federal environ- shall submit to the Administrator a report that— (I) $75,000,000; less mental law, as determined by the Administrator. (i) describes the results of the due diligence in- (II) the fair value of the Mine as determined (b) LIABILITY PROTECTION.—On completion of spection under paragraph (2); and under section 105(a). the conveyance, neither Homestake nor the (ii) identifies any condition of or in the Mine (iii) CERTIFICATION.— State shall be liable to any person or the United that may present an imminent and substantial (I) IN GENERAL.—After any response actions States for injuries, costs, injunctive relief, rec- endangerment to public health or the environ- described in clause (i)(I) are carried out and lamation, damages (including damages to nat- ment. any required funds are deposited under clause ural resources or the environment), or expenses, (B) PROCEDURE.— (i)(II), the independent entity may certify to the or liable under any other claim (including (i) DRAFT REPORT.—Before finalizing the re- Administrator that the conditions for rejection claims for indemnification or contribution, port under this paragraph, the independent en- identified by the Administrator under subpara- claims by third parties for death, personal in- tity shall— graph (B) have been corrected. jury, illness, or loss of or damage to property, or (I) issue a draft report; (II) ACCEPTANCE OR REJECTION OF CERTIFI- claims for economic loss), under any law (in- (II) submit to the Administrator, Homestake, CATION.—Not later than 60 days after an inde- cluding a regulation) for any claim arising out and the State a copy of the draft report; pendent entity makes a certification under sub- of or in connection with contamination, pollu- (III) issue a public notice requesting comments clause (I), the Administrator shall accept or re- tion, or other condition, use, or closure of the on the draft report that requires all such com- ject the certification. Mine and laboratory, regardless of when a con- ments to be filed not later than 45 days after (c) REVIEW OF CONVEYANCE.—For the pur- dition giving rise to the liability originated or issuance of the public notice; and poses of the conveyance, the requirements of was discovered. (IV) during that 45-day public comment pe- this section shall be considered to be sufficient (c) INDEMNIFICATION.—Notwithstanding any riod, conduct at least 1 public hearing in Lead, to meet any requirement of the National Envi- other provision of law, on completion of the con- South Dakota, to receive comments on the draft ronmental Policy Act of 1969 (42 U.S.C. 4321 et veyance in accordance with this title, the report. seq.). United States shall indemnify, defend, and hold (ii) FINAL REPORT.—In the final report sub- SEC. 105. ASSESSMENT OF PROPERTY. harmless Homestake and the State from and mitted to the Administrator under this para- (a) VALUATION OF PROPERTY.—The inde- against— graph, the independent entity shall respond to, pendent entity shall assess the fair value of the (1) any and all liabilities and claims described and incorporate necessary changes suggested Mine. in subsection (a), without regard to any limita- by, the comments received on the draft report. (b) FAIR VALUE.—For the purposes of this section under subsection (a)(2); and (4) REVIEW AND APPROVAL BY ADMINIS- tion, the fair value of the Mine shall be the fair (2) any and all liabilities and claims described TRATOR.— market value as determined by an appraisal in in subsection (b). (A) IN GENERAL.—Not later than 60 days after conformance with the Uniform Appraisal Stand- (d) WAIVER OF SOVEREIGN IMMUNITY.—For receiving the final report under paragraph (3), ards for Federal Land Acquisition. To the extent purposes of this title, the United States waives the Administrator shall— appraised items only have value to the Federal any claim to sovereign immunity with respect to (i) review the report; and Government for the purpose of constructing the any claim of Homestake or the State under this (ii) notify the State in writing of acceptance laboratory, the appraiser shall also add to the title. or rejection of the final report. assessment of fair value the estimated cost of re- (e) TIMING FOR ASSUMPTION OF LIABILITY.—If (B) CONDITIONS FOR REJECTION.—The Admin- placing the shafts, winzes, hoists, tunnels, ven- the conveyance is effectuated by more than 1 istrator may reject the final report if the report tilation system and other equipment and im- legal transaction, the assumption of liability, li- discloses 1 or more conditions that— provements at the Mine that are expected to be ability protection, indemnification, and waiver (i) as determined by the Administrator, may used at, or that will be useful to, the laboratory. of sovereign immunity provided for under this present an imminent and substantial (c) REPORT.—Not later than the date on section shall apply to each legal transaction, as endangerment to the public health or the envi- which each report developed in accordance with of the date on which the transaction is com- ronment and require a response action; or section 104(b)(3) is submitted to the Adminis- pleted and with respect to such portion of the (ii) otherwise make the conveyance in section trator, the independent entity described in sub- Mine as is conveyed under that transaction. 104, or the assumption of liability, the release of section (a) shall submit to the State a report (f) EXCEPTIONS FOR CERTAIN CLAIMS.—Noth- liability, or the indemnification in section 106 that identifies the fair value assessed under sub- ing in this section constitutes an assumption of contrary to the public interest. section (a). liability by the United States, or relief of liabil- (C) RESPONSE ACTIONS AND CERTIFICATION.— SEC. 106. LIABILITY. ity of Homestake, for— (i) RESPONSE ACTIONS.— (a) ASSUMPTION OF LIABILITY.— (1) any unemployment, worker’s compensa- (I) IN GENERAL.—If the Administrator rejects (1) ASSUMPTION.—Subject to paragraph (2), tion, or other employment-related claim or cause the final report, Homestake may carry out or notwithstanding any other provision of law, on of action of an employee of Homestake that bear the cost of, or permit the State or another completion of the conveyance in accordance arose before the date of conveyance; person to carry out or bear the cost of, such re- with this title, the United States shall assume (2) any claim or cause of action that arose be- sponse actions as are necessary to correct any any and all liability relating to the Mine and fore the date of conveyance, other than claims condition identified by the Administrator under laboratory, including liability for— relating to environmental response costs or nat- subparagraph (B)(i) that may present an immi- (A) damages; ural resource damages; or nent and substantial endangerment to public (B) reclamation; (3) any violation of any provision of criminal health or the environment. (C) the costs of response to any hazardous law. (II) LONG-TERM RESPONSE ACTIONS.— substance (as defined in section 101 of the Com- (g) EXCEPTION FOR OFF-SITE ENVIRONMENTAL (aa) IN GENERAL.—In a case in which the Ad- prehensive Environmental Response, Compensa- CLAIMS.—Nothing in this title constitutes an as- ministrator determines that a condition identi- tion, and Liability Act of 1980 (42 U.S.C. 9601)), sumption of liability by the United States, relief fied by the Administrator under subparagraph contaminant, or other material on, under, or re- of liability for Homestake, or obligation to in- (B)(i) requires continuing response action, or relating to the Mine and laboratory; and demnify Homestake, for any claim, injury, dam- sponse action that can be completed only as (D) closure of the Mine and laboratory. age, liability, or reclamation or cleanup obliga- part of the final closure of the laboratory, it (2) CLAIMS AGAINST UNITED STATES.—In the tion with respect to any property or asset that shall be a condition of conveyance that case of any claim brought against the United is not conveyed under this title, except to the ex- Homestake, the State, or another person deposit States, the United States shall be liable for— tent that any such claim, injury, damage, liabil- into the Fund such amount as is estimated by (A) damages under paragraph (1)(A), only to ity, or reclamation or cleanup obligation is the independent entity, on a net present value the extent that an award of damages is made in based on activities or events at the Mine subse- basis and after taking into account estimated a civil action brought under chapter 171 of title quent to the date of conveyance. interest on that basis to be sufficient to pay the 28, United States Code, notwithstanding that SEC. 107. INSURANCE COVERAGE. costs of the long-term response action or the re- the act or omission giving rise to the claim was (a) PROPERTY AND LIABILITY INSURANCE.— sponse action that will be completed as part of not committed by an employee of the United (1) IN GENERAL.—To the extent property and the final closure of the laboratory. States; and liability insurance is available and subject to (bb) LIMITATION ON USE OF FUNDS.—None of (B) response costs under paragraph (1)(C), the requirements described in paragraph (2), the the funds deposited into the Fund under item only to the extent that an award of response State shall purchase property and liability in- (aa) shall be expended for any purpose other costs is made in a civil action brought under— surance for the Mine and the operation of the

VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00180 Fmt 0688 Sfmt 6333 E:\BR01\H19DE1.007 H19DE1 27180 CONGRESSIONAL RECORD—HOUSE December 19, 2001 laboratory to provide coverage against the li- SEC. 108. ENVIRONMENT AND PROJECT TRUST before disposing of any material quantity of lab- ability described in subsections (a) and (b) of FUND. oratory waste rock if— section 106. (a) ESTABLISHMENT.—On completion of the (1) the disposal site is on land not conveyed (2) REQUIREMENTS.—The requirements re- conveyance, the State shall establish, in an in- under this title; and ferred to in paragraph (1) are the following: terest-bearing account at an accredited finan- (2) the State determines that the disposal (A) TERMS OF INSURANCE.—In determining the cial institution located within the State, the En- could result in commingling of laboratory waste type, extent of coverage, and policy limits of in- vironment and Project Trust Fund. rock with waste rock disposed of by Homestake surance purchased under this subsection, the (b) AMOUNTS.—The Fund shall consist of— before the date of conveyance. State shall— (1) an annual deposit from the operation and SEC. 110. REQUIREMENTS FOR OPERATION OF (i) periodically consult with the Administrator maintenance funding provided for the labora- LABORATORY. and the Scientific Advisory Board; and tory in an amount to be determined— After the conveyance, nothing in this title ex- (ii) consider certain factors, including— (A) by the State, in consultation with the Ad- empts the laboratory from compliance with any (I) the nature of the projects and experiments ministrator and the Scientific Advisory Board; law (including a Federal environmental law). being conducted in the laboratory; and SEC. 111. CONTINGENCY. (II) the availability and cost of commercial in- (B) after taking into consideration— This title shall be effective contingent on ap- surance; and (i) the nature of the projects and experiments proval by the National Science Board and the (III) the amount of funding available to pur- being conducted at the laboratory; making of an award by the National Science chase commercial insurance. (ii) available amounts in the Fund; Foundation for the establishment of the labora- (B) ADDITIONAL TERMS.—The insurance pur- (iii) any pending costs or claims that may be tory at the Mine. required to be paid out of the Fund; and chased by the State under this subsection may SEC. 112. OBLIGATION IN THE EVENT OF NON- provide coverage that is— (iv) the amount of funding required for future CONVEYANCE. (i) secondary to the insurance purchased by actions associated with the closure of the facil- If the conveyance under this title does not project sponsors; and ity; occur, any obligation of Homestake relating to (2) an amount determined by the State, in (ii) in excess of amounts available in the Fund the Mine shall be limited to such reclamation or consultation with the Administrator and the to pay any claim. remediation as is required under any applicable Scientific Advisory Board, and to be paid by the (3) FINANCING OF INSURANCE PURCHASE.— law other than this title. (A) IN GENERAL.—Subject to section 108, the appropriate project sponsor, for each project to be conducted, which amount— SEC. 113. PAYMENT AND REIMBURSEMENT OF State may finance the purchase of insurance re- COSTS. (A) shall be used to pay— quired under this subsection by using— The United States may seek payment— (i) costs incurred in removing from the Mine (i) funds made available from the Fund; and (1) from the Fund, under section 108(d), to or laboratory equipment or other materials re- (ii) such other funds as are received by the pay or reimburse the United States for amounts lated to the project; State for the purchase of insurance for the Mine payable or liabilities incurred under this title; (ii) claims arising out of or in connection with and laboratory. and (B) NO REQUIREMENT TO USE STATE FUNDS.— the project; and (2) from available insurance, to pay or reim- Nothing in this title requires the State to use (iii) if any portion of the amount remains burse the United States and the Fund for State funds to purchase insurance required after paying the expenses described in clauses amounts payable or liabilities incurred under under this subsection. (i) and (ii), other costs described in subsection this title. (4) ADDITIONAL INSURED.—Any insurance pur- (c); and (B) may, at the discretion of the State, be as- SEC. 114. CONSENT DECREES. chased by the State under this subsection Nothing in this title affects any obligation of shall— sessed— (i) annually; or a party under— (A) name the United States as an additional (1) the 1990 Remedial Action Consent Decree insured; or (ii) in a lump sum as a prerequisite to the approval of the project; (Civ. No. 90–5101 D. S.D.); or (B) otherwise provide that the United States is (2) the 1999 Natural Resource Damage Con- a beneficiary of the insurance policy having the (3) interest earned on amounts in the Fund, which amount of interest shall be used only for sent Decree (Civ. Nos. 97–5078 and 97–5100, D. primary right to enforce all rights of the United S.D.). States under the policy. a purpose described in subsection (c); and SEC. 115. AUTHORIZATION OF APPROPRIATIONS. (5) TERMINATION OF OBLIGATION TO PURCHASE (4) all other funds received and designated by There are authorized to be appropriated such INSURANCE.—The obligation of the State to pur- the State for deposit in the Fund. sums as are necessary to carry out this title. chase insurance under this subsection shall ter- (c) EXPENDITURES FROM FUND.—Amounts in minate on the date on which— the Fund shall be used only for the purposes of SEC. 116. CONGRESSIONAL BUDGET ACT. (A) the Mine ceases to be used as a labora- funding— Notwithstanding Rule 3 of the Budget tory; or (1) waste and hazardous substance removal or Scorekeeping Guidelines set forth in the joint (B) sufficient funding ceases to be available remediation, or other environmental cleanup at explanatory statement of the committee of con- for the operation and maintenance of the Mine the Mine; ference accompanying Conference Report 105– or laboratory. (2) removal of equipment and material no 217, the provisions of this title that would have (b) PROJECT INSURANCE.— longer used, or necessary for use, in conjunction been estimated by the Office of Management (1) IN GENERAL.—The State, in consultation with a project conducted at the laboratory; and Budget as changing direct spending or re- with the Administrator and the Scientific Advi- (3) a claim arising out of or in connection ceipts under section 252 of the Balanced Budget sory Board, may require, as a condition of ap- with the conducting of such a project; and Emergency Deficit Control Act of 1985 were proval of a project for the laboratory, that a (4) purchases of insurance by the State as reit included in an Act other than an appropria- project sponsor provide property and liability quired under section 107; tions Act shall be treated as direct spending or insurance or other applicable coverage for po- (5) payments for and other costs relating to li- receipts legislation, as appropriate, under sec- tential liability associated with the project de- ability described in section 106; and tion 252 of the Balanced Budget and Emergency scribed in subsections (a) and (b) of section 106. (6) closure of the Mine and laboratory. Deficit Control Act of 1985, and by the Chair- (2) ADDITIONAL INSURED.—Any insurance ob- (d) FEDERAL PAYMENTS FROM FUND.—The men of the House and Senate Budget Commit- tained by the project sponsor under this section United States— tees, as appropriate, under the Congressional shall— (1) to the extent the United States assumes li- Budget act. (A) name the State and the United States as ability under section 106— TITLE II—GENERAL PROVISION, THIS additional insureds; or (A) shall be a beneficiary of the Fund; and DIVISION (B) may direct that amounts in the Fund be (B) otherwise provide that the State and the SEC. 201. TRUSTEES OF THE JOHN F. KENNEDY applied to pay amounts and costs described in United States are beneficiaries of the insurance CENTER FOR THE PERFORMING ARTS. (a) MEM- this section; and policy having the primary right to enforce all BERSHIP.—Section 2(a) of the John F. Kennedy rights under the policy. (2) may take action to enforce the right of the Center Act (20 U.S.C. 76h(a)) is amended— (c) STATE INSURANCE.— United States to receive 1 or more payments (1) by striking ‘‘There is hereby’’ and insert- (1) IN GENERAL.—To the extent required by from the Fund. ing the following: O EQUIREMENT OF EPOSIT OF UBLIC State law, the State shall purchase, with respect (e) N R D P ‘‘(1) IN GENERAL.—There is’’; and to the operation of the Mine and the labora- FUNDS.—Nothing in this section requires the (2) by striking the second sentence and insert- tory— State to deposit State funds as a condition of ing the following: (A) unemployment compensation insurance; the assumption by the United States of liability, ‘‘(2) MEMBERSHIP.—The Board shall be com- and or the relief of the State or Homestake from li- posed of— (B) worker’s compensation insurance. ability, under section 106. ‘‘(A) the Secretary of Health and Human (2) PROHIBITION ON USE OF FUNDS FROM SEC. 109. WASTE ROCK MIXING. Services; FUND.—A State shall not use funds from the After completion of the conveyance, the State ‘‘(B) the Librarian of Congress; Fund to carry out paragraph (1). shall obtain the approval of the Administrator ‘‘(C) the Secretary of State;

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‘‘(D) the Chairman of the Commission of Fine RANDY ‘‘DUKE’’ corporates some of the provisions of both the Arts; CUNNINGHAM, House and Senate versions of the bill. The ‘‘(E) the Mayor of the District of Columbia; RODNEY P. language and allocations set forth in House ‘‘(F) the Superintendent of Schools of the Dis- FRELINGHUYSEN, Report 107–298 and Senate Report 107–109 trict of Columbia; TODD TIAHRT, should be complied with unless specifically ‘‘(G) the Director of the National Park Serv- JOHN P. MURTHA, addressed in the accompanying bill and ice; NORMAN D. DICKS, statement of the managers to the contrary. ‘‘(H) the Secretary of Education; MARTIN OLAV SABO, Senate Amendment: The Senate deleted ‘‘(I) the Secretary of the Smithsonian Institu- PETER J. VISCLOSKY, the entire House bill after the enacting tion; JAMES P. MORAN, clause and inserted the Senate bill. The con- ‘‘(J)(i) the Speaker and the Minority Leader DAVID R. OBEY, ference agreement includes a revised bill. of the House of Representatives; (except for aircraft ‘‘(ii) the chairman and ranking minority mem- leasing), DEFINITION OF PROGRAM, PROJECT, AND ber of the Committee on Public Works and For consideration of all other matters of the ACTIVITY Transportation of the House of Representatives; House bill and other matters of the Senate and The conferees agree that for the purposes amendment, and modifications committed to of the Balanced Budget and Emergency Def- ‘‘(iii) 3 additional Members of the House of conference: Representatives appointed by the Speaker of the icit Control Act of 1985 (Public Law 99–177) as BILL YOUNG, House of Representatives; amended by the Balanced Budget and Emer- JERRY LEWIS, ‘‘(K)(i) the Majority Leader and the Minority gency Deficit Control Reaffirmation Act of DAVID OBEY, Leader of the Senate; 1987 (Public Law 100–119) and by the Budget Managers on the Part of the House. ‘‘(ii) the chairman and ranking minority mem- Enforcement Act of 1990 (Public Law 101–508), ber of the Committee on Environment and Pub- DANIEL K. INOUYE, the term program, project, and activity for lic Works of the Senate; and ERNEST F. HOLLINGS, appropriations contained in this Act shall be ‘‘(iii) 3 additional Members of the Senate ap- ROBERT C. BYRD, defined as the most specific level of budget pointed by the President of the Senate; and PATRICK J. LEAHY, items identified in the Department of De- ‘‘(L) 36 general trustees, who shall be citizens TOM HARKIN, fense Appropriations Act, 2002, the accom- of the United States, to be appointed in accord- BYRON L. DORGAN, panying House and Senate Committee re- ance with subsection (b).’’. RICHARD J. DURBIN, ports, the conference report and accom- (b) TERMS OF OFFICE FOR NEW GENERAL HARRY REID, panying joint explanatory statement of the TRUSTEES.—Section 2(b) of the John F. Kennedy DIANNE FEINSTEIN, managers of the Committee of Conference, Center Act (20 U.S.C. 76h(b)) shall apply to each HERB KOHL, the related classified annexes and reports, general trustee of the John F. Kennedy Center TED STEVENS, and the P–1 and R–1 budget justification doc- for the Performing Arts whose position is estab- THAD COCHRAN, uments as subsequently modified by Con- lished by the amendment made by subsection ARLEN SPECTOR, gressional action. The following exception to (a)(2) (referred to in this subsection as a ‘‘new PETE DOMENICI, the above definition shall apply: general trustee’’), except that the initial term of CHRISTOPHER BOND, For the Military Personnel and the Oper- office of each new general trustee shall— MITCH MCCONNEL, ation and Maintenance accounts, the term (1) commence on the date on which the new RICAHRD C. SHELBY, ‘‘program, project, and activity’’ is defined general trustee is appointed by the President; JUDD GREGG, as the appropriations accounts contained in and KAY BAILEY HUTCHISON, the Department of Defense Appropriations (2) terminate on September 1, 2007. Managers on the Part of Act. At the time the President submits his This Act may be cited as the ‘‘Department of the Senate. budget for fiscal year 2003, the conferees di- Defense and Emergency Supplemental Appro- JOINT EXPLANATORY STATEMENT rect the Department of Defense to transmit priations for Recovery from and Response to The managers on the part of the House and to the congressional defense committees Terrorist Attacks on the United States Act, the Senate at the conference on the dis- budget justification documents to be known 2002’’. agreeing votes of the two Houses on the as the ‘‘M–1’’ and ‘‘O–1’’ which shall identify, And the Senate agree to the same. amendment of the Senate to the bill (H.R. at the budget activity, activity group, and For consideration of Division A of the House 3338), making appropriations for the Depart- subactivity group level, the amount re- bill and Division A of the Senate amendment of Defense for the fiscal year ending quested by the President to be appropriated ment, and modifications committed to con- September 30, 2002, and for other purposes, to the Department of Defense for operation ference: submit the following joint statement to the and maintenance in any budget request, or JERRY LEWIS, House and the Senate in explanation of the amended budget request, for fiscal year 2003. BILL YOUNG, effect of the action agreed upon by the man- TITLE I—MILITARY PERSONNEL JOE SKEEN, agers and recommended in the accom- DAVE HOBSON, panying conference report. The conferees agree to the following HENRY BONILLA, The conference agreement on the Depart- amounts for the Military Personnel ac- GEORGE R. NETHERCUTT, Jr., ment of Defense Appropriations Act, 2002, in- counts: [In thousands of dollars]

Budget House Senate Conference

Active Personnel: Army ...... 23,626,684 23,336,884 23,446,734 23,752,384 Navy ...... 19,606,984 19,574,184 19,465,964 19,551,484 Marine Corps ...... 7,365,040 7,343,640 7,335,370 7,345,340 Air Force ...... 20,151,514 19,784,614 20,032,704 19,724,014 Reserve Personnel: Army ...... 2,604,197 2,629,197 2,670,197 2,670,197 Navy ...... 1,643,523 1,644,823 1,650,523 1,654,523 Marine Corps ...... 463,300 466,800 466,300 471,200 Air Force ...... 1,055,160 1,055,160 1,061,160 1,061,160 National Guard Personnel: Army ...... 4,014,135 4,004,225 4,052,695 4,041,695 Air Force ...... 1,776,744 1,777,654 1,783,744 1,784,654 Total, Military Personnel ...... 82,307,281 81,617,291 81,965,391 82,056,651

PERSONNEL UNDEREXECUTION SAVINGS mates that the active components will have tary Personnel accounts for permanent The conferees recommend a total reduc- fewer personnel on board to begin fiscal year change of station (PCS) moves. The con- tion of $313,200,000, instead of $324,200,000 as 2002, and as a result, the fiscal year 2002 pay ferees direct the Secretary of Defense to de- proposed by the House, to the Active Mili- and allowances requirements for personnel velop a comprehensive plan to reduce the tary Personnel accounts due to lower than are incorrect and the budgets overstated. quantity of PCS moves by 25 percent by the budgeted fiscal year 2001 end strengths, and PERMANENT CHANGE OF STATION MOVES end of fiscal year 2004, and to report to the differences in the actual grade mix of offi- The conferees recommend a total reduc- congressional defense committees on that cers and enlisted recommended in the budget tion of $180,000,000, instead of $317,000,000 as plan no later than May 1, 2002. request. The General Accounting Office esti- proposed by the Senate to the active Mili-

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ARMY REORGANIZATION lieve the Army also will benefit from a close- funds identified in the budget request. The The conferees commend the Secretary of out review by the CNA review team to com- conferees direct the Army to allocate no less the Army for undertaking a comprehensive ment on and validate the realignments. Sec- then $25,000,000 above the request for unuti- review of Army requirements generation, action 8149 calls for a final CNA review to un- lized plant capacity. Of these funds, $7,500,000 quisition, resource management, and Depart- dertake this activity. The conferees view shall be available for the Arsenal Support mental headquarters functions and systems. these management reforms as an important Initiative. step to improve the Army’s ability to deliver The Center for Naval Analyses study re- ROTC FACILITY REHABILITATION quired by the conferees in fiscal year 2001 its bold transformation plan in the time- frame articulated by Army leaders. The conferees provide an additional identified serious management issues that INNOVATIVE SAFETY MANAGEMENT PILOT $200,000 in Operation and Maintenance, Army merited careful review and analysis. The only for rehabilitation of the athletic facil- Army has taken several promising steps in The conferees recognize that there are initiatives underway in the private sector that ity used for the joint Husson College and response to this report to reduce duplication University of Maine ROTC program. and improve efficiency in the acquisition and dramatically reduce the incidence of work- headquarters management area, and the con- place injuries and their related costs. The ST. LOUIS ARMY AMMUNITION PLANT ferees are hopeful that the final Army plan conferees therefore direct the Secretary of The conferees direct that of the funds pro- will realize the full benefits identified in the the Army to adopt for use in the workplace vided in Operation and Maintenance, Army, CNA analysis. The conferees have included a of civilian employees of the Department of $5,000,000 shall be available only for St. Louis Provision (Sec. 8149) requiring the Secretary the Army such work safety models used by Army Ammunition Plant clean up and dis- of the Army to submit a final report to the employers in the private sector that the Sec- posal costs. congressional defense committees describing retary considers as being representative of the complete reorganization plan that he in- the best work safety practices in use by pri- OTHER PROGRAMS tends to implement by no later than April 15, vate sector employers. The conferees rec- The conferees agree to provide funds for 2002. This report shall describe the final re- ommend an additional $2,500,000 in Operation the Expert Radar Signature Solutions in the alignments contemplated for all functional and Maintenance, Army to begin this initia- appropriate Research, Development, Test areas, and identify the operational effi- tive in fiscal year 2002. and Evaluation account. ciencies, personnel realignments and cost UNUTILIZED PLANT CAPACITY The conferees agree that funds provided for savings to be derived from this comprehen- The conference agreement provides an ad- language training programs should be used sive reorganization on an annual basis ditional $17,500,000 for industrial prepared- to meet critical advanced language training through fiscal year 2008. The conferees be- ness, or unutilized plant capacity, above the requirements.

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SHIP DEPOT MAINTENANCE FY03 and future years the Navy will imple- bishment, and $500,000 is to be used for Navy The conferees are aware that the ship ment the revised maintenance calculations Aviation MROD refurbishment. to properly align depot maintenance require- depot maintenance account has been under- POINT MOLATE funded in recent years. This underfunding ments and necessary funding. The conferees was caused by several factors, including a de- direct the Secretary of the Navy to provide In view of the public safety and historic ficient calculation that understated the re- with the FY03 budget submission a plan to preservation issues involved, the conferees quirement, underfunding of the requirement eliminate the maintenance backlog that has believe the Navy should continue the level of which was identified, and the added costs as- accumulated as a result of previous under- effort it provided in FY 2001 in carrying out sociated with high deployment levels. The funding. its joint caretaker responsibilities for the conferees applaud the Navy’s efforts to re- base at Point Molate while it is being pre- MANUAL REVERSE OSMOSIS DESALINATORS vise the maintenance calculation to more pared for conveyance. The conferees expect adequately reflect the real requirement, and The Committee has provided an additional the Naval Facilities Engineering Command to fully fund maintenance in the future. The $1,000,000 for the refurbishment of Manual and the City of Richmond, CA to operate conferees recognize, however, that the FY02 Reverse Osmosis Desalinators (MROD). Of under similar terms and conditions as agreed budget lacks the necessary funds to imple- the additional funds provided, $500,000 is to to in their Cooperative Agreement through ment them. The conferees expect that for be used for Navy surface fleet MROD refur- the balance of fiscal year 2002.

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CONTAMINANT AIR PROCESSING SYSTEMS INTERNATIONAL SUPPORT OTHER PROGRAMS The conferees are pleased with efforts and The conferees commend the Secretary of The conferees agree to reduce U–2 oper- progress made in programs funded in the Air the Air Force for standardizing mission crit- Force subactivity group for International ation and maintenance (O&M) funding by ical equipment that allows Air Force per- Support. The conferees are aware that these $3,000,000 due to availability of funds in the sonnel to be effectively processed after con- funds support U.S. Central Command’s mili- appropriate Research, Development, Test tact with biological, chemical or nuclear tary contacts with Central Asian States. The and Evaluation account and recommends agents. The conferees instruct the Secretary conferees encourage continued progress in that these funds be transferred to O&M to to use $1,000,000 within available funds to en- the Cooperative Defense Initiative that is offset this reduction. able installations to purchase contaminant underway to assess the ability of regional partners to respond to chemical or biological The conferees agree to provide an addi- air processing systems and related compo- attacks. Funding reductions in this line to tional $1,500,000 for the Threat Representa- nents to ensure all Air Force installations limit overall growth are not punitive in nation and Validation project and an addi- are standardized in this methodology and ture, and the Secretary of the Air Force is tional $2,500,000 for operation of the Eagle equipment. encouraged to support this worthy program. Vision System for the Air National Guard.

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BIOFUELS AND BIOBASED PRODUCTS fense Logistics Agency list of items approved making. A primary focus of this study With the heavy Department of Defense re- for DoD purchase. should be to complete the concept develop- liance on gasoline and diesel fuels derived DEFENSE THREAT REDUCTION AGENCY ment and associated operations and design from foreign oil production, the conferees Funding for the Operation and Mainte- requirements for a measurement and signa- agree that it is important for the Depart- nance activities of the Defense Threat Re- ture intelligence data archive to provide ment to investigate new ways to increase the duction Agency were provided for in Title IX back-up capability and enabling cross-dis- usage of alternative domestically produced of the House bill and report. These funds are ciplinary integration of distributed data. fuels, including biofuels and biobased prod- provided in Title II of the Conference Report. The study should consider all shortfalls in ucts. The conferees direct the Department to DLAMP MASINT capabilities and their integration. The conferees direct the Assistant Secretary submit a report to the congressional defense The conferees recommend a reduction to of Defense for Command, Control, Commu- committees by March 15, 2002 detailing its the Defense Leadership and Management nications, and Intelligence to provide to the best estimates of: (1) the total annual vol- Program for overhead costs and backfills. ume and cost of fuels of fuels by fuel type congressional defense committees an interim NATIONAL FOREIGN LANGUAGE SKILLS (gasoline, diesel, ethanol, biodiesel, meth- report containing an outline of the content REGISTRY anol, and other) used by the Department, and expected milestones this study no later and the country source of these fuels; (2) a The Conferees direct the Secretary of De- than 45 days after enactment of this Act and description of the procedures in place to pro- fense to establish an internet-based data reg- a final report no later than June 1, 2002. cure domestically produced alternative fuels; istry of United States citizens who state BASE COMMUNICATIONS SUSTAINMENT (3) a description of the procedures in place to that they are willing to be recruited in times encourage the procurement of flexible fuel of national emergency to assist the Depart- The conferees recommend a reduction in vehicles, such as those equipped with E–85 ment with translation and interpretation. base communications sustainment and reit- (85% ethanol) engines; (4) an explanation of The Secretary shall designate the foreign erate the Senate position that more focus changes to programs, plans, or procedures languages and levels of fluency deemed to be must be placed on funding deployable and under consideration by the Department to critical to the needs of the Department. The mobile communications requirements, rath- maximize the use of biofuels and biobased Director, Defense Manpower Data Center er than placing such items on unfunded lists. products in DoD operations; (5) a description shall maintain the registry. In implementing The conferees provide an additional $3,000,000 of practices and procedures to track the ac- this registry, the Director may collaborate for AN/PRC–148 Multi-band Intra/Inter Team tual DoD usage of biofuels; and (6) a descrip- with the National Foreign language Center Radios in Procurement, Defense Wide which tion of possible incentives the DoD could em- and the Defense Language Institute. is the number one unfunded requirement for ploy to increase the acquisition of alter- STUDY ON INTELLIGENCE CAPABILITIES AND Special Operations units in the field. native or variable fuel vehicles and encour- DATA RESOURCES INTEGRATION ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES age the use of such fuels as specified by the To enhance intelligence gathering capa- National Environmental Policy Act. The bilities and data resource integration fol- The conferees direct that of the funds pro- conferees also direct the Department to lowing the events of September 11, 2001, the vided in ‘‘Operation and Maintenance, De- work with the Office of Energy Policy and conferees recommend an increase of $5,000,000 fense-Wide’’ for the Impact Aid program, New Uses of the U.S. Department of Agri- for preparing a management action plan to $1,000,000 be available only for the purpose of culture to support independent testing of assess how measurement and signature intel- making payments to local educational agen- biofuels and biobased products. The Depart- ligence can be integrated with other intel- cies to assist them in adjusting to reductions ment should also cooperate with industry ligence activities and data. The goal of this in the number of military dependent stu- suppliers to facilitate inclusion of such plan should be to improve support for dents as a result of the closure or realign- biofuels and biobased products on the De- warfighter operations and policy decision- ment of military installations.

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ADJUSTMENTS TO BUDGET ACTIVITIES [In thousands of dollars] AIR FORCE RESERVE AIRLIFT PLANNING Budget Activity 1: Operating Adjustments to the budget activities are as Forces: The conferees support the creation of an follows: 24900 Primary Combat Forces/ Air Reserve Station or Stations for C–17’s Unjustified Program Growth ¥6,000 and provide $1,000,000 for planning and site Undistributed: assessment. 25670 C–17 Reserve Base Plan- ning and Design ...... 1,000

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CAMP MCCAIN, MISSISSIPPI shall be available for minor construction National Guard $2,000,000 be used only for The conferees agree to provide $2,200,000 for projects. National Guard education programs at the improvements to roads at or near the Camp CENTER FOR CIVIL-MILITARY RELATIONS Naval Postgraduate School’s Center for McCain training site. In addition, of the Civil-Military Relations. funds provided to the Army National Guard The conferees direct that of the funds pro- for operation and maintenance, $2,200,000, vided in Operation and Maintenance, Army

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VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00258 Fmt 0688 Sfmt 0634 E:\BR01\H19DE1.007 H19DE1 EH19DE01.073 27258 CONGRESSIONAL RECORD—HOUSE December 19, 2001

ADJUSTMENTS TO BUDGET ACTIVITIES nance accounts. Consistent with this deter- ENVIRONMENTAL RESTORATION, DEFENSE-WIDE Adjustments to the budget activities are as mination, the conferees are providing The conference agreement provides follows: $1,679,222,000 for Balkan operations within the operation and maintenance accounts $23,492,000 for Environmental Restoration, [In thousands of dollars] (Operation and Maintenance, Army Defense-Wide. Budget Activity 1: Operating $1,308,500,000; Operation and Maintenance, ENVIRONMENTAL RESTORATION, FORMERLY Forces: Navy $27,101,000; Operation and Maintenance, USED DEFENSE SITES 27650 Aircraft Operations/B–1B Marine Corps $2,000,000; Operation and Main- Operations ...... 100,000 tenance, Air Force $122,721,000; Operation 27750 Base Support/Eagle Vi- The conference agreement provides and Maintenance, Defense-Wide $192,900,000 sion ...... 8,500 $222,255,000 for Environmental Restoration, and Defense Health Program $26,000,000). Undistributed: Formerly Used Defense Sites. OCOTF funds for military personnel expenses 28240 National Guard State for Balkan operations ($464,900,000) have been OVERSEAS HUMANITARIAN, DISASTER, AND Partnership Program ...... 1,000 CIVIC AID 28250 Project Alert ...... 2,900 redistributed within service accounts of the active components as well (Military Per- 28255 Extended Cold Weather The conference agreement provides Clothing System ...... 2,500 sonnel, Army $399,800,000; Military Per- sonnel, Navy $28,500; Military Personnel, Ma- $49,700,000 for Overseas Humanitarian, Dis- 28310 Defense System Evalua- aster and Civic Aid. tion ...... 1,700 rine Corps $5,600,000; and Military Personnel, 28315 Bangor International Air Force $31,000,000). The conferees agree to provide $5,000,000 to Airport Runway Repairs ...... 5,000 The total amount recommended is a reduc- be available if matched by private funds, tion of $650,104,000 below the budget request. CONSOLIDATED INTERACTIVE VIRTUAL only for the acquisition, transportation and UNITED STATES COURT OF APPEALS FOR THE INFORMATION CENTER distribution of wheelchairs to victims of ARMED FORCES The conferees agree to provide $5,000,000 overseas conflicts, landmines and other dis- The conference agreement provides from within available funds in ‘‘Operation turbances. The Secretary of Defense should $9,096,000 for the United States Court of Ap- and Maintenance, Air National Guard’’ for work with appropriate non-government orga- peals for the Armed Forces. the Consolidated Interactive Virtual Infor- nizations, such as the Wheelchair Founda- mation Center of the National Guard. ENVIRONMENTAL RESTORATION, ARMY tion, to implement this initiative on a The conference agreement provides OVERSEAS CONTINGENCY OPERATIONS matching basis with private resources. The $389,800,000 for Environmental Restoration, TRANSFER FUND conferees expect special attention and em- Army. phasis to be made to respond to the need and The conferees agree to provide $50,000,000 ENVIRONMENTAL RESTORATION, NAVY for the Overseas Contingency Operations circumstances in Afghanistan as rapidly as Transfer Fund. This amount provides a cen- The conference agreement provides possible. tral response fund from which the Secretary $257,517,000 for Environmental Restoration, Navy. SUPPORT FOR INTERNATIONAL SPORTING of Defense can address unknown and unex- COMPETITIONS, DEFENSE pected overseas contingency costs. In the ENVIRONMENTAL RESTORATION, AIR FORCE budget request, the Department allocated The conference agreement provides The conference agreement provides the costs for ongoing operations in South- $385,437,000 for Environmental Restoration, $15,800,000 for the Support for International west Asia to service operation and mainte- Air Force. Sporting Competitions, Defense account.

VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00259 Fmt 0688 Sfmt 0634 E:\BR01\H19DE1.007 H19DE1 December 19, 2001 CONGRESSIONAL RECORD—HOUSE 27259

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TACTICAL UNMANNED AERIAL VEHICLE planned AEC assessment the Fall/Winter of the system’s viability should be validated 2001 and the Secretary of the Army certifies prior to procurement of additional units. The The House recommended $63,000,000 for the that the TUAV has been adequately tested conferees recommended $57,300,000 for the TUAV, a reduction of $21,000,000 from the and justifies the initiation of the LRIP III TUAV, a reduction of $27,000,000 from the budget request. The House included language prior to the completion of initial operational budget request. The conferees agree that the directing that funds provided for the low- test and evaluation. The Senate rec- rate initial production (LRIP) III of the ommended $48,500,000 for the TUAV, a reduc- language contained in both the House and TUAV may not be obligated or expended tion of $35,800,000 from the budget request. Senate reports conveys the same concerns until the TUAV successfully completes the The Senate included language stating that and should be implemented by the Army.

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SBIRS HIGH RADIATION HARDENED PARTS major program restructures, but it is also issues involved with this request but given considering whole new satellite approaches. the unclear status of the program, it is pre- The conferees are very troubled by recent The conferees are also aware of the issue of mature to make a definitive judgment with developments in the SBIRS High program. diminished manufacturing sources for se- respect to funding these parts. The conferees DoD and Air Force officials have provided lected radiation hardened parts in the cur- new indications that the previously reported rent SBIRS High design. The Air Force has encourage DoD, once it has determined how $2,000,000,000 shortfall and 2 year slip may, in requested that funds be retained in advance best to proceed with the program, to submit fact, understate the severity of the problems. procurement for a ‘‘lifetime buy’’ of these a reprogramming request to fund these parts Not only is DoD considering a variety of parts. The conferees are sympathetic to the as needed at that time.

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VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00345 Fmt 0688 Sfmt 0634 E:\BR01\H19DE1.007 H19DE1 Insert offset folio 838/1184 here EH19DE01.157 December 19, 2001 CONGRESSIONAL RECORD—HOUSE 27345

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VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00347 Fmt 0688 Sfmt 0634 E:\BR01\H19DE1.007 H19DE1 Insert offset folio 838/1186 here EH19DE01.159 December 19, 2001 CONGRESSIONAL RECORD—HOUSE 27347

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TELEPORTS PATRIOT ADVANCED CAPABILITY—3 tional missiles in fiscal year 2002 or for addi- The conferees provide $97,351,000 for The Conferees agree to provide $736,574,000 tional equipment for the production facility. teleports, however, only 429,200,000 of the for the PATRIOT Advanced Capability—3 The Conferees encourage the Department to funds provided are available for obligation (PAC–3), an increase of $60,000,000 to the pro- increase production of this missile in an effi- until (the service chiefs unanimously agree gram. The increase includes $15,000,000 for cient but prudent manner and direct the De- on a procurement plan. DISA shall not obli- the efficient purchase of hard to acquire partment to ensure that enough funds are in gate any amount of funds over $29,200,000 parts, eliminating the need for a near term the Future Years Defense Plan to begin pur- until the agreed upon plan is provided to the redesign of the missile. It also includes chasing at least 20 missiles a month as soon Congress. $45,000,000 available either to purchase addi- as possible.

VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00350 Fmt 0688 Sfmt 0634 E:\BR01\H19DE1.007 H19DE1 27350 CONGRESSIONAL RECORD—HOUSE December 19, 2001

VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00351 Fmt 0688 Sfmt 0634 E:\BR01\H19DE1.007 H19DE1 Insert offset folio 838/1191 here EH19DE01.162 December 19, 2001 CONGRESSIONAL RECORD—HOUSE 27351

VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00352 Fmt 0688 Sfmt 0634 E:\BR01\H19DE1.007 H19DE1 Insert offset folio 838/1192 here EH19DE01.163 27352 CONGRESSIONAL RECORD—HOUSE December 19, 2001

MISCELLANEOUS EQUIPMENT Program, Family of Medium Tactical Vehi- C–130J for the Air Force The conferees agree that each of the Chiefs cles, Commercial Construction Equipment, Reserve (1) ...... 71,300,000 of the Reserve and National Guard compo- Project ALERT, the Striker Advanced Gre- C–130J for the Air Force nents should exercise control of moderniza- nade Launcher, advanced display processor, National Guard, western tion funds provided in this account including and F–15 IFF for ANG NORAD alert mission states firefighting (2) ...... 148,430,000 aircraft and aircraft modernization. The con- aircraft. C–130J for the Air Force ferees further agree that separate submis- NATIONAL GUARD AND RESERVE AIRCRAFT National Guard (1) ...... 71,300,000 sions of a detailed assessment of its mod- The conferees agree to provide $436,030,000 ernization priorities by the component com- specifically for the acquisition and mod- DEFENSE PRODUCTION ACT manders is required to be submitted to the ernization of the following aircraft to sup- defense committees. The conferees expect The conferees agree to provide a total of port Reserve and National Guard missions: the component commanders to give priority $40,000,000 for the Defense Production Act, a consideration tot he following items: AN/ UH–60 Blackhawk for the decrease of $10,000,000 from the budget re- AAQ–24 directional Infrared Countermeasure Army Reserve (6) ...... $87,000,000 quest amount. Of this amount $2,000,000 is (DIRCM), C–130 Radar Modernization, Guard UH–60 Blackhawk for the only for a Processible Rigid-Rod Polymeric Net XXI, Integrated Training Management Army Guard (4) ...... 58,000,0900 Material Supplier Initiative.

VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00353 Fmt 0688 Sfmt 0634 E:\BR01\H19DE1.007 H19DE1 December 19, 2001 CONGRESSIONAL RECORD—HOUSE 27353

VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00354 Fmt 0688 Sfmt 0634 E:\BR01\H19DE1.007 H19DE1 Insert offset folio 838/1196 here EH19DE01.164 27354 CONGRESSIONAL RECORD—HOUSE December 19, 2001

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VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00361 Fmt 0688 Sfmt 0634 E:\BR01\H19DE1.007 H19DE1 Insert offset folio 838/1203 here EH19DE01.171 December 19, 2001 CONGRESSIONAL RECORD—HOUSE 27361

VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00362 Fmt 0688 Sfmt 0634 E:\BR01\H19DE1.007 H19DE1 Insert offset folio 838/1204 here EH19DE01.172 27362 CONGRESSIONAL RECORD—HOUSE December 19, 2001

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ARMY VENTURE CAPITAL SCIENCE AND Though the conferees are encouraged by ARMY HIGH PERFORMANCE COMPUTING TECHNOLOGY DEMONSTRATION recent developments in the area of hybrid RESEARCH CENTER (AHPCRC) electric drive, there is concern that the The conferees agree with the concept, as The conferees have added $10,500,000 for the Army has not performed adequate testing proposed in the House passed Department of activities of the Army High Performance and evaluation of hybrid electric technology Defense Appropriations bill for fiscal year Computing Research Center. Of these funds, in extreme temperature environments. In 2002, of establishing a Venture Capital fund $2,000,000 is only for basic research at the particular, the conferees are concerned that demonstration to enhance Army access to Center’s academic partner institutions; and the sources necessary to ensure stable, con- advances in science and technology. Accord- $8,500,000 is only for (1) the use, operation sistent and adequate power to the overall ingly, the conferees have included a general and maintenance of the Center’s high per- system have not been developed and tested provision, Sec., 8150 that provides $25,000,000 formance computing systems and networks; in extreme cold-weather environments. for the formation of such a corporation pur- (2) staff scientist services to support Army Therefore, the conferees recommend that the suant to authority of 10 U.S.C. 2371. research activities; (3) technology exchange Army conduct testing of hybrid electric HYBRID ELECTRIC DRIVE RESEARCH programs with Army laboratories, outreach technology, including the power sources as- The conferees agree to fully fund the and education programs; and (4) manage- sociated with the technology, in extreme Army’s request for Combat Hybrid Power ment activities of the research program and cold weather environments to ensure ade- Systems (PE 603005/441), an amount of center, including publications, seminars and quate power and performance to this critical $18,000,000. These funds should be used to ac- workshops. technology. celerate the development of critical hybrid DOMED HOUSING UNITS electric technology components and integra- STARSTREAK-STINGER OPERATIONAL TEST tion into FCS ground vehicles. These funds The conferees agree to provide an addi- From within funds made available in Re- also should be applied to development of hy- tional $13,600,000 for the Starstreak-Stinger search, Development, Test and Evaluation, brid electric architectures for combat vehi- operational test program. Of this amount, Army, the conferees direct that the Com- cles. The conferees direct the Secretary of $12,000,000 should be used to conduct the live- manding General of the Army Space and the Army to provide to the congressional de- fire, side-by-side operational test of the Missile Defense Command acquire and main- fense committees a report detailing the Starstreak and Stinger missile for the tain domed housing units for military per- Army’s plan for implementing this direction Apache helicopter. The remainder should be sonnel on Kwajalein Atoll and other island with the submission of the fiscal year 2003 made available to conduct test firing from locations in support of the mission of the Department of Defense budget request. the Apache against ground targets. command.

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VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00391 Fmt 0688 Sfmt 0634 E:\BR01\H19DE1.007 H19DE1 Insert offset folio 838/1238 here EH19DE01.200 December 19, 2001 CONGRESSIONAL RECORD—HOUSE 27391

VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00392 Fmt 0688 Sfmt 0634 E:\BR01\H19DE1.007 H19DE1 Insert offset folio 838/1239 here EH19DE01.201 27392 CONGRESSIONAL RECORD—HOUSE December 19, 2001 CCS–MK2 $15,000,000 to the budget request. The con- ational requirements and provide risk miti- The conferees agree that it is vital that ferees also direct the Secretary of Defense to gation for the Tactical Input Segment (TIS). provide a report to the Appropriations Com- the future development and evolution of In addition, the conferees direct the Navy mittees no later than May 15, 2002 which ex- combat control capabilities for the nation’s to continue to integrate the technologies de- submarine force takes place in a fully com- amines whether the Office of the Director, veloped in NAVIS into the TIS architecture petitive acquisition environment and that Force Transformation should assume respon- to ensure the best capabilities of both sys- the technical architecture of submarine sibility for the oversight and funding of the combat control systems utilizes open sys- direction, preparation, execution and assess- tems are delivered to the Fleet in time for tems compute processing standards. The con- ment of the U.S. Joint Forces Command the first F/A–18 SHARP deployment. The ferees therefore, direct the Department of Joint Experimentation program. conferees believe that combining such technologies will best serve the tactical precision the Navy to submit an acquisition plan for TACTICAL INPUT SEGMENT (TIS) AND NAVY the CCS–MK2 program to Congress no later INPUT STATION (NAVIS) strike requirements for the Navy now and in the future. than April 15th, 2002 which addresses these In an effort to assist the Navy in ensuring concerns to include potential options to an on-time delivery of a next generation SPRAY COOLING TECHNOLOGY compete the role of prime system integrator. real-time reconnaissance imagery receiving The conferees do not agree to House lan- and display system, the conferees rec- The Conferees are concerned to learn that guage restricting the use of funds for the ommend that within amounts appropriated despite appropriations in two prior years, ar- CCS–MK2 program. to the Office of Naval Research, up to rangements for the manufacture of spray JOINT EXPERIMENTATION $2,000,000 may be made available to build ad- cooling technology have yet to be finalized. The conferees agree to provide $103,802,000 ditional Navy Input Stations (NAVIS) The conferees direct the Marine Corps to act for Joint Experimentation, a decrease of ground stations that meet emergent oper- in an expedited manner to resolve this issue.

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BALLISTIC MISSILE DEFENSE to the request. This amount includes $38,000,000 provided in ‘‘Domestic Radiation The conferees agree to provide a total of $160,000,000 for the Block 2004 THAAD re- Hardened Electronics’’ in the Defense Pro- $7,766,999,000 for ballistic missile defense research and development program. The Block duction Act be used for the purpose described search and development and related procure- 2004 funds should be used to reduce risk in in the House report. ment activities. Coupled with increases for the THAAD research and development pro- MINIATURIZED WIRELESS SYSTEM new and expanded counter-terrorism program and acquire a sufficient number of test grams, the conference agreement provides a assets to ensure a robust testing profile. Fur- The conferees agree to provide $5,000,000 for combined total of $8,244,999,000 for ballistic ther, the conferees direct that none of the miniaturized wireless systems and agree that missile defense and increased counter-ter- funds provided be used to accelerate THAAD these funds be used only to initiate a univer- rorism activities. pre-production or deployment unless the sity-industry program to utilize advances in The Department of Defense is about to ini- Secretary of Defense certifies to the Con- three-dimensional chip scale packaging and tiate a radical restructuring of the ballistic gressional defense committees that threats high temperature superconducting trans- missile defense program management orga- to our national security or military forces ceiver performance, to reduce the size, nization. The conferees support the efforts of warrant otherwise. weight, power consumption and cost of ad- the Department to devise a management SATELLITE SENSOR TECHNOLOGY vanced wireless communication systems for structure that facilitates integration of the The conferees agree with House funding covert military and intelligence operations. various ballistic missile defense research and recommendations regarding SBIRS Low and development efforts. The Department, how- the Satellite Sensor Technology program. CHALLENGE PROGRAM FOR INNOVATIVE ever, is cautioned against implementing a This agreement is based, in part, on discus- TECHNOLOGY IN DEFENSE ACQUISITION management structure and related decision- sions with the Undersecretary of Defense The conferees support the actions taken by making process that limit adequate over- (AT&L) who indicated that the problems in the Department in response to section 818 of sight of the program by the Pentagon’s oper- the precursor SBIRS High program are so the Strom Thurmond National Defense Au- ational testing, financial, and programmatic significant as to make the current schedule thorization Act for Fiscal Year 1999 (Public review groups. Also, the conferees will con- for SBIRS Low unexecutable. The conference Law 105–261) and the initial improvements tinue to monitor this program’s manage- agreement allows BMDO to step off the ac- made in facilitating the rapid transition into ment activities to ensure Congressional quisition track to place greater emphasis on Defense acquisition programs of technologies oversight. risk reduction and maturation of new tech- developed in successful Small Business Inno- Within each program element, the con- nologies. These efforts, to be performed with- vative Research (SBIR) phase two projects. ferees have identified several special interest in the Satellite Sensor Technology program, The conferees provide $12,500,000 only for the projects for purposes of reprogramming and should proceed at a measured pace. The con- further development and rapid insertion of budget justification material. (The conferees ferees note that this agreement in no way innovative SBIR technologies as competitive agree with the House language regarding re- precludes continued technology efforts on alternatives to Defense acquisition program programming rules and budget justification the current SBIRS Low program. The con- technologies. The Secretary of Defense shall material for ballistic missile defense pro- ferees agree that the Secretary may obligate select from third phase SBIR proposals, grams.) The special interest projects are as the funding provided for the Satellite Sensor which will result in improvements in per- follows: Technology program as he determines nec- formance, affordability, manufacturability, Terminal Phase Systems: MEADS and essary for the SBIRS Low program. The con- or operational capability at the component, ARROW; ferees direct DoD to develop specific plans subsystem, or system level. The Secretary Midcourse Phase Systems: Ground-based for the Satellite Sensor Technology program shall report to the Defense Committees the Midcourse, Pacific Test Bed, and Sea-based for fiscal year 2002 and out and provide this technologies selected and the improvements Midcourse (Navy Theater Wide); plan to the congressional defense commit- expected by June 1, 2001. In addition, the Boost Phase Systems: Sea-based Boost, tees no later than May 15, 2002. The conferees conferees direct the Office of the Secretary Air-base Boost (Airborne Laser) and Space- further direct that the congressional defense of Defense to work with the congressional based Boost (Space based Laser); committees be notified of any funding re- defense committees to establish a more rig- Sensors: Satellite Sensor Technology and alignments regarding this program. orous management and oversight structure RAMOS. RADIATION HARDENED ELECTRONICS of the burgeoning number of rapid acquisi- THEATER HIGH ALTITUDE AREA DEFENSE The conferees support the House language tion programs within the Department. The The conferees agree to provide $872,481,000 regarding radiation hardened electronics, ex- conferees expect this management and over- for the Theater High Altitude Area Defense cept that they direct that not less than sight structure to be reflected in the fiscal (THAAD) program, a reduction of $50,000,000 $14,500,000 in program element 602715BR and year 2003 Defense budget request.

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IMPLEMENTING DSB RECOMMENDATIONS ommendations. While the Congress does not TITLE V—REVOLVING AND The President’s budget requests $1,000,000 oppose such an effort, resources should be MANAGEMENT FUNDS to implement Defense Science Board rec- found from within existing funds. The conference agreement is as follows: [In thousands of dollars]

Budget House Senate Conference

Defense Working Capital Funds ...... 1,951,986 1,826,986 1,826,986 1,312,986 Nation Defense Sealift Fund ...... 506,408 412,708 407,408 432,408 Total, Related Agencies ...... 2,458,394 1,937,694 2,234,394 1,745,394

DEFENSE WORKING CAPITAL FUNDS speed sealift ships to support the Navy’s rine barracks in Beirut. Instead of building The conferees agree to provide $1,312,986,000 global military sealift requirements. The vulnerable fixed barracks for United States for the Defense Working Capital Fund. conferees expect the Navy to work with forces deployed in highly dangerous loca- NATIONAL DEFENSE SEALIFT FUND other federal agencies using interagency tions, the conferees believe the Navy should agreements, economy act procedures, or give the highest consideration to acquiring The Conferees agree to provide to other mechanisms to provide loan guaran- mobile, deployable assets, which could pro- $432,408,000 for the National Defense Sealift tees to shipbuilders to meet this objective. vide additional ‘‘in situ’’ hospital, housing, Fund, a decrease of $74,000,000 from the budg- These funds may not be used for research MWR, or command and control capability. et request amount. This includes a reduction and development, or for defense-features on The conferees recommend that the Navy ex- of $99,000,000 originally requested for commercial sealift ships. peditiously pursue the possibility of capital- MARAD and an increase of $25,000,000 to fi- izing MARAD loan guarantees for up to two nance the cost of constructing additional MOBILE DEPLOYABLE ASSETS multipurpose passenger ships presently sealift capacity. In the wake of the tragic events of Sep- under construction in a United States ship- STRATEGIC SEALIFT CAPACITY tember 11, 2001, the conferees are concerned yard. The conference agreement reserves that future deployments of United States $25,000,000 of amounts appropriated to the forces may expose personnel to the risk of TITLE VI—OTHER DEPARTMENT OF National Defense Sealift Fund to accelerate terrorist attach similar to the bombing of DEFENSE PROGRAMS the introduction of next-generation high- Khobar Towers in Saudi Arabia and the Ma- The conference agreement is as follows: [In thousands of dollars]

Budget House Senate Conference

Defense Working Program ...... 17,898,969 18,277,403 18,376,404 18,391,194 Chemical Agents and Munitions Destruction, Army ...... 1,153,557 1,093,057 1,104,557 1,105,557 Drug Interdiction and Counter Drug Activities, Defense ...... 820,381 827,381 865,981 842,581 Office of the Inspector General ...... 152,021 152,021 152,021 152,021 Total, Other Department of Defense Programs ...... 20,024,928 20,349,862 20,498,963 20,491,353

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REPROGRAMMING The conferees agree to provide $50,000,000 for of ‘‘unbundling’’ healthcare and administra- The conferees share the concerns expressed this program, and recommend that the De- tive services and using different contractors in the report accompanying the House partment of Defense consider the following with different geographic coverage respon- version of the Department of Defense Appro- projects as candidates for study: Complex sibilities. While the conferees support DoD priations bill for fiscal year 2002 regarding rAD-Vector vaccine for MGBV; chemo-pre- efforts to improve and streamline the provi- the diversion of funds from the DoD military ventative approaches to smoking related ill- sion of healthcare services, the conferees medical facilities (MTFs) to pay for con- ness; childhood asthma; chiropractic care; note that the Department’s deliberations tractor-provided medical care. To limit such closed loop frozen blood processing systems; have caused great concern among health transfers within the Defense Health Program Counter Narcotics Tactical Operations Med- care providers and, if not managed carefully operation and maintenance account, the con- ical Support Program (CONTOMS); Dengue and thoughtfully, could reignite the insta- ferees agree that the Department of Defense Fever vaccine; high risk infectious disease; bility and confusion that has existed in the shall follow prior approval reprogramming medications for fungal and bacterial infec- past years as this program was being imple- procedures for transfers with a cumulative tions such as Fungi Free; metabolically en- mented. Accordingly, the conferees direct value in excess of $25,000,000, into the Private gineered tissue for trauma care; military nu- that before any proposals for significant Sector Care activity group. trition research; Padget’s disease; pre-clin- structural changes to the TRICARE man- In addition, the conferees agree that the ical & clinical activities of the Novonex/Ex- aged care contract are made public, that the Department of Defense shall provide budget Rad drugs; radiation protection; real-time Assistant Secretary of Defense (Health Af- execution data for all of the operation and heart rate variability; self test methods of fairs) solicit the views of the congressional maintenance budget activities as well as the screening for cervical cancer; smoking ces- defense committees. The conferees also di- procurement and research, development, test sation; social work research; Traumatic rect the Department to allow sufficient time and evaluation accounts of the Defense Brain injury; Volume Angio Cat (VAC) re- for full congressional review before any final Health Program. Such budget execution data search, and VRE research. decisions are made in this respect. shall be provided quarterly to the congres- TRICARE: NEXT GENERATION CONTRACTS sional defense committees through the DD– CHEMICAL AGENTS AND MUNITIONS The conferees are aware that the Depart- DESTRUCTION, ARMY COMP(M) 1002. ment of Defense is presently considering the PEER REVIEWED MEDICAL RESEARCH PROGRAM issuance of new requirements for future The conference agreement on items ad- The Senate recommended $50,000,000 for a TRICARE managed care contracts. A major dressed by either the House or the Senate is Peer Reviewed Medical Research program. revision under consideration is the prospect as follows:

CHEM AGENTS & MUNITIONS DESTRUCTION, ARMY: CHEM DEMILITARIZATION—O&M ...... 789,020 728,520 739,020 739,020 CHEM DEMILITARIZATION—PROC ...... 164,158 164,158 164,158 164,158 CHEM DEMILITARIZATION—RDTE ...... 200,379 200,379 201,379 202,379

TOTAL, CHEM AGENTS & MUNITIONS DESTRUCTION, ARMY ...... 1,153,557 1,093,057 1,104,557 1,105,557

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PROGRAM MANAGER FOR CHEMICAL cluding the January 15th report and the lan- cerning the commencement of destruction DEMILITARIZATION guage regarding incentive programs remains operations and critical safety matters, as The conferees support the guidance pro- as written. stated in the letter from the Under Sec- vided in the Senate report under this head- ANNISTON CHEMICAL DESTRUCTION FACILITY retary of Defense (AT&L) dated November 1, ing with two changes. The conferees agree The conferees share the Senate’s concern 2001. that for the quarterly report the Department regarding emergency preparedness measures DRUG INTERDICTION AND COUNTER- may use an existing report provided it in- at the Anniston Chemical Destruction Facil- DRUG ACTIVITIES, DEFENSE cludes the data requested and is available ity. In lieu of the language in the Senate re- within 14 days of the end of each quarter. In port, the conferees support the current The conference agreement on items ad- addition, there is no requirement for a re- agreement established by the Department, dressed by either the House or the Senate is structuring report. All other direction, in- FEMA, and state and local officials, con- as follows:

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NATIONAL GUARD ACTIVITIES crease the conferees do not agree with the this amount $150,221,000 shall be for oper- The conferees agree that adequate funding Senate proposed direction for a general ear- ation and maintenance and $1,800,000 shall be has not been provided to meet National mark of funds for the National Guard. for procurement. Guard counter-drug requirements and have OFFICE OF THE INSPECTOR GENERAL recommended an increase of $33,000,000 in TITLE VII—RELATED AGENCIES this account for a number of specific Na- The conferees agree to provide $152,021,000 The conference agreement is as follows: tional Guard activities. In view of this infor the Office of the Inspector General. Of [In thousands of dollars]

Budget House Senate Conference

Central Intelligence Agency Retirement & Disability System ...... 212,000 212,000 212,000 212,000 Intelligence Community Management Account ...... 152,776 144,929 144,776 160,429 Payment to Kaho’olawe Island Conveyance, Remediation, and Environmental Restoration Fund ...... 25,000 25,000 75,000 67,500 National Security Education Trust Fund ...... 8,000 8,000 8,000 8,000 Total, Related Agencies ...... 397,776 389,929 439,776 447,929

INTELLIGENCE COMMUNITY MANAGEMENT Fiscal Year 2001: Joint Ejection Seat ..... 10,000,000 ACCOUNT Aircraft Procurement, Research, Development, Details of the adjustments to this account Army: CH–47 Mods ...... 16,000,000 Test and Evaluation, are addressed in the classified annex accom- Procurement of Ammuni- Air Force: panying this report. tion, Army: RADAM .... 27,400,000 JSAF Termination ...... 13,450,000 Other Procurement, ERCM ...... 39,633,000 PAYMENT TO KAHO’OLAWE ISLAND CONVEY- Army: Joint Ejection Seat ..... 10,000,000 ANCE, REMEDIATION, AND ENVIRONMENTAL STAR–T Termination .. 9,900,000 JTCTS ...... 6,200,000 RESTORATION FUND Teleoperating Kits ...... 5,945,000 Research, Development, The conference agreement provides Joint Tactical Termi- Test and Evaluation, $67,500,000 for payment to the Kaho’olawe Is- nals ...... 10,000,000 Defense-Wide: land Conveyance, Remediation, and Environ- PEPS ...... 2,900,000 Passive RW Surviv- mental Restoration Fund. Aircraft Procurement, ability ...... 280,000 TITLE VIII—GENERAL PROVISIONS Navy: JTCTS ...... 8,600,000 NSW RIB ...... 500,000 Weapons Procurements, The conference agreement incorporated The conferees included a general provision Navy: JSOW ...... $20,000,000 (Section 8062) which amends Senate language general provisions of the House and Senate Other Procurement, versions of the bill which were not amended. earmaking $10,200,000 in ‘‘Operation and Navy: ...... Maintenance, Air Force’’ to Realign railroad Those general provisions that were amended Joint Tactical Termi- track on Elmendorf Air Force Base and Fort in conference follow: nals ...... 6,000,000 The conferees included a general provision Richardson. JTCTS ...... 1,600,000 The conferees included a general provision (Section 8005) which amends language which Procurement, Marine (Section 8087) which amends Senate language provides the Department of Defense with Corps: STAR–T Termi- appropriating $3,500,000 for the American Red transfer authority. nation ...... 1,000,000 Cross. The conferees included a general provision Aircraft Procurement, (Section 8008) which amends language pro- The conferees included a general provision Air Force: (Section 8092) which amends Senate language viding multiyear procurement authority. JTCTS ...... 1,300,000 which makes available funds in ‘‘Research, The conferees included a general provision F–15 ...... 18,000,000 Development, Test and Evaluation, Navy’’ (Section 8027) which amends Senate language C–135 ...... 36,000,000 earmarking funds in ‘‘Aircraft Procurement, RECON/DARP Support for a Maritime Fire Training Center at Bar- Air Force’’ for maintaining 18 B–52 attrition Equip.; JSAF Sensors 7,983,000 bers Point. reserve aircraft. Missile Procurement, Air The conferees included a general provision The conferees included a general provision Force: (Section 8095) which amends language reduc- (Section 8031) which amends language which JSOW ...... 25,200,000 ing military personnel and operation and earmarks funds for Civil Air Patrol oper- MMIIMODS ...... 33,250,000 maintenance accounts by $240,000,000 to re- ation and maintenance, and counterdrug pro- Procurement of Ammuni- flect savings from favorable foreign currency grams. tion, Air Force: JDAM 5,800,000 fluctuations. The conferees included a general provision Other Procurement, Air The conferees included a general provision (Section 8032) which amends language lim- Force: (Section 8102) which amends Senate language iting the number of staff years that may be MILSATCOM (GBS reducing by $262,000,000 the total amount ap- funded for Federally Funded Research and TIP) ...... 6,500,000 propriated in title II of this Act to reduce Development Centers and reduces funding for JTCTS ...... 3,700,000 cost growth in travel. that purpose. Procurement, Defense- The conferees included a general provision The conferees included a general provision Wide: (Section 8111) which amends language appro- (Section 8045) which amends language which DIRCM ...... 485,000 priating $8,500,000 for the United Service Or- extends the availability of funds for convert MH–53 SIM MATT Up- ganizations. actions and agent operations. grade ...... 3,982,000 The conferees included a general provision The conferees included a general provision Active RW Surviv- (Section 8112) which amends language mak- (Section 8054) which amends language recom- ability ...... 3,000,000 ing funds available for establishing an mending rescissions. The rescissions agreed Passive RW Surviv- ARROW production capability in the United to are: ability ...... 5,404,000 States and for adjusting the cost-sharing Riverine Craft ...... 5,800,000 agreement with the Israeli government. [Rescissions] INOD ...... 591,000 The conferees included a general provision Fiscal Year 2000: SOF Maritime Equip- (Section 8116) which amends Senate language Former Soviet Union ment ...... 1,400,000 appropriating $4,500,000 for the Fort Des Threat Reduction: Fos- ASDS Advanced Pro- Moines Memorial Park and Education Cen- sil Fuel Energy Plants $32,000,000 curement ...... 18,972,000 ter. Other Procurement, Shemya Radar (Long The conferees included a general provision Navy: lead items) ...... 73,800,000 (Section 8117) which amends language appro- Joint Tactical Termi- Research, Development, priating $4,250,000 for the National D-Day nals ...... 14,300,000 Test and Evaluation, Museum. Submarine Support Army: The conferees included a general provision Equipment ...... 1,000,000 STAR–T Termination .. 3,300,000 (Section 8119) which amends House language Aircraft Procurement, MPIM ...... 3,000,000 appropriating $1,700,000 for Fisher Houses. Air Force: JTCTS ...... 8,500,000 Research, Development, The conferees included a general provision Other Procurement, Air Test and Evaluation, (Section 8120) which amends Senate language Force: Joint Tactical Navy: which provides authority for the establish- Terminals ...... 20,000,000 JTCTS ...... 8,800,000 ment of a memorial to Dwight D. Eisenhower

VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00444 Fmt 0688 Sfmt 0634 E:\BR01\H19DE1.007 H19DE1 27444 CONGRESSIONAL RECORD—HOUSE December 19, 2001 and appropriates $2,600,000 for the Dwight D. preservation of the U.S.S. Alabama as a mu- language reducing funds available in ‘‘Oper- Eisenhower Memorial Commission. seum and memorial. ation and Maintenance, Army’’ by $5,000,000 The conferees included a general provision The conferees included a new general pro- to reflect efficiencies in Army acquisition (Section 8121) which amends House language vision (Section 8139) which amends House management. which provides $1,700,000 for transfer to the language which appropriates $4,250,000 for The conferees included a new general pro- Department of Energy for a proposed study ‘‘Operation and Maintenance, Navy’’ for the vision (Section 8150) which amends House to examine the feasibility of a zero emis- preservation of the U.S.S. Intrepid as a mu- language which earmarks $25,000,000 to es- sions, steam injection process. seum and memorial. tablish an Army Venture Capital Investment The conferees included a general provision The conferees included a new general pro- Corporation. vision (Section 8140) which amends House (Section 8122) which amends Senate language The conferees included a new general pro- language appropriating $4,200,000 for ‘‘Oper- appropriating $8,000,000 for the settlement of vision (Section 8154) which amends House ation and Maintenance, Air Force’’ for the claims associated with the Air Force con- language earmarking funds for payments of relocation of the Fairchild Air Force Base tract, Clear Radar Upgrade, at Clear Air expenses incurred by the Commission on the school within the boundary of Fairchild Air Force Station, Alaska. Future of the United States Aerospace In- The conferees included a general provision Force Base. The conferees included a new general pro- dustry. (Section 8125) which amends Senate language The conferees included a general provision establishing a new Regional Counter vision (Section 8141) which amends House language appropriating $3,500,000 for ‘‘Oper- (Section 8158) which amends Senate language terrorism Fellowship program to be adminis- appropriating $15,000,000 for the Citadel, tered by the Secretary of Defense. The con- ation and Maintenance, Navy’’ for the Cen- tral Kitsap School district in Washington Charleston, South Carolina. ferees expect the Department of Defense to The conferees included a new general pro- coordinate this program with the State De- State for a special needs learning center. The conferees included a new general provision (Section 8159) which amends Senate partment and specifically recommend that it vision (Section 8142) which amends House language to expand the Multiyear Aircraft keep the relevant United States Ambas- language appropriating $8,500,000 for the City Lease Pilot Program. sadors informed. of San Bernardino, California. The conferees included a new general pro- The conferees included a general provision The conferees do not include a new House vision (Section 8160) which amends Senate (Section 8126) which amends language to ad- general provision (Section 8137) which pro- language which earmarks funds for road re- just applicable years for negotiated settle- hibits the establishment of an independent pairs and safety improvements at Camp ment for a request for equitable adjustment operational test bed system and/or the trans- McCain, Mississippi. for the C–17 program. fer or certain UAVs from the Navy to the The conferees included a new general pro- The conferees included a general provision Joint Forces Command. The House agrees to (Section 8129) which amends language to vision (Section 8161) which amends Senate recede from this recommendation with the language which earmarks funds for the ren- fund prior year shipbuilding cost increases. understanding that the Navy will not trans- The conferees included a general provision ovation of the Broadway Armory. fer the Predator UAV assets. Instead, the The conferees included a new general pro- (Section 8130) which amends language which Secretary of the Navy shall ensure that the provides for the transfer of funds from ship- vision (Section 8163) which amends Senate Commander of Joint Forces Command re- language which provides funds for the Armed building and conversion programs. ceives priority in use of the Predator UAV The conferees included a new general pro- Forces Retirement Home. assets and associated equipment when need- The conferees included a general provision vision (Section 8135) which amends House ed to support the joint operational test bed language reducing funds available in oper- (Section 8165) which amends Senate language development and testing. directing that sufficient funds may remain ation and maintenance accounts by The conferees included a new general pro- available to sustain the Defense Leadership $105,000,000 to reflect fact of life changes in vision (Section 8145) which amends House and Management Program through fiscal utilities costs. language which extends the waiver of Oper- year 2002 and pay the fixed costs for the fa- The conferees included a new general pro- ation and Maintenance investment limita- cility in Southbridge, Massachusetts. vision (Section 8136) which amends House tions to activities funded in fiscal year 2000. language earmarking $2,100,000 from ‘‘Oper- The conferees included a new general pro- The conferees included a new general pro- ation and Maintenance, Air Force’’ for revision (Section 8146) which amends House vision (Section 8169) which amends Senate pair, restoration, and preservation of the La- language reducing funds available in oper- language which provides $3,500,000 for ‘‘Oper- fayette Escadrille Memorial. ation and maintenance accounts by ation and Maintenance, Defense-Wide’’ for The conferees included a new general pro- $100,000,000 to reflect savings attributed to impact aid for children with severe disabil- vision (Section 8137) which amends House improved scrutiny and supervision in using ities. language designating the World War I Memo- government purchase cards. The conferees included a new general pro- rial in the Mojave National Preserve as a na- The conferees included a new general provision (Section 8171) which amends Senate tional memorial. vision (Section 8147) which amends House language requiring a report on the progress The conferees included a new general pro- language appropriating $2,500,000 for a DoD/ toward implementation of comprehensive vision (Section 8138) which amends House VA Consolidation Study. nuclear threat reduction programs to safe- language which appropriates $4,200,000 for The conferees included a new general pro- guard Pakistani and Indian nuclear stock- ‘‘Operation and Maintenance, Navy’’ for the vision (Section 8149) which amends House piles and technology.

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UNCONVENTIONAL NUCLEAR THREAT Agricultural Research Service instead of proposed by the Senate, to modify the meth- These funds are to implement the rec- $5,635,000 as proposed by the House and od of reallocating WIC funds during fiscal ommendations of the Defense Science Board $70,000,000 as proposed by the Senate. The year 2002. Task Force on Unconventional Nuclear War- conferees direct that of this amount, no less DEPARTMENT OF HEALTH AND HUMAN fare Defense as directed in the House bill and than $21,700,000 shall be made available for SERVICES report. facility and operational security needs. FOOD AND DRUG ADMINISTRATION ARMED FORCES INSTITUTE OF PATHOLOGY BUILDINGS AND FACILITIES SALARIES AND EXPENSES (AFIP) The conference agreement includes The conference agreement includes These funds are for maintenance and re- $73,000,000 for Agricultural Research Service $151,100,000 for the Food and Drug Adminis- pairs of buildings, including building me- Buildings and Facilities as proposed by the tration instead of $104,350,000 as proposed by chanical systems, and repairs and upgrades Senate. The House had no similar provision. the House and $127,000,000 as proposed by the to laboratories and associated equipment at Of the total amount provided, $50,000,000 is Senate. Of this amount, $13,250,000 is for fa- AFIP. The lab upgrades are to include instal- for construction of an animal bio-contain- cility security, $40,750,000 is for enhanced lation of Biolevel 3 labs to increase the insti- ment facility at the National Animal Disease availability of drugs and vaccines and the tute’s ability to test biological agents such Laboratory at Ames, Iowa, and $23,000,000 is balance is for increased food safety activi- as anthrax and botulism. for planning and design at the Plum Island ties. Animal Disease Center for Plum Island, New The total $40,750,000 provided for non-food WEAPONS OF MASS DESTRUCTION CIVIL York. The conferees are award of an ongoing activities, including vaccines, human drugs SUPPORT TEAMS review of security issues at Plum Island and and devices, shall be allocated as follows: (1) The conference agreement provides other locations and direct that funds pro- $14,250,000 and 32 FTE for the Center for Drug $35,000,000 to fully equip and train 22 addi- vided for planning and design at Plum Island Evaluation and Research and related field tional highly specialized Army National not be obligated until the Secretary reports activities in the Office of Regulatory Affairs; Guard WMD–CST Teams. To date, a total of to the Appropriations Committees of the (2) $19,800,000 and 107 FTE for the Center for 32 teams have been authorized by the De- House and the Senate on the conclusions of Biologics Evaluation and Research and re- partment of Defense, although 22 of those that review. lated field activities in the Office of Regu- teams have unfunded equipment and training COOPERATIVE STATE RESEARCH, EDUCATION, latory Affairs; (3) $1,500,000 and 13 FTE for requirements necessary to bring them up to AND EXTENSION SERVICE the Center for Devices and Radiological fully certified status. These funds are pro- Health and related field activities in the Of- RESEARCH AND EDUCATION ACTIVITIES vided to fill those critical equipment and fice of Regulatory Affairs; (4) $4,800,000 and 8 training gaps as follows: The conference agreement does not provide FTE for the National Center for Toxi- $50,000,000 for Research and Education activi- 22 Mobile Analytical Lab- cological Research; and (5) $400,000 and 4 FTE ties of the Cooperation State Research, Edu- for the Office of Chief Counsel within Other oratory Systems (special cation, and Extension Service as proposed by purpose vehicles) ...... $18,500,000 Activities. The total $97,100,000 provided for the Senate. The House had not similar provi- food safety activities shall be allocated as Dismounted analytical sion. suites ...... 6,500,000 follows: (1) $92,550,000 and 630 FTE for the ANIMAL AND PLANT HEALTH INSPECTION Training and evaluation .... 10,000,000 Center for Food Safety and Applied Nutri- SERVICE tion and related field activities in the Office LOCAL EMERGENCY COMMUNICATIONS GEAR SALARIES AND EXPENSES of Regulatory Affairs; (2) $3,500,000 and 35 The conferees agree to provide these funds The conference agreement includes FTE for the Center for Veterinary Medicine to ensure reliable and interoperable commu- $105,000,000 for the Animal and Plant Health and related field activities in the Office of nications between elements of the Army and Inspection Service instead of $8,175,000 as Regulatory Affairs; (3) $1,000,000 for the Na- local emergency responders. proposed by the House and $95,000,000 as pro- tional Center for Toxicological Research; CHEMICAL-BIOLOGICAL MEDICAL TRAINING posed by the Senate. This amount includes and (4) $50,000 within Other Activities. The total $13,250,000 for physical security shall be The conferees agree to provide this funding up to $50,000,000 for the Agricultural Quar- allocated as follows: (1) $300,000 and 3 FTE to train Department of Defense personnel in antine Inspection user fee program, shall be for the Office of Facilities within the recognition and treatment of the health $20,000,000 for pest detection activities, and Other Activities; and (2) $12,950,000 for Rent effects caused by exposure to chemical or bi- $10,000,000 for animal health monitoring and and Rent-Related Activities. ological agents. surveillance. The balance of these funds is to be directed toward agency security needs, of INDEPENDENT AGENCY FORMER SOVIET UNION THREAT REDUCTION which no less than $21,800,000 shall be made COMMODITY FUTURES TRADING COMMISSION The conference agreement provides available for facility and operational secu- The conference agreement includes $403,000,000 for the Former Soviet Union rity needs, implementation of the agency’s $16,900,000 for the Commodity Futures Trad- Threat Reduction program. biosecurity program, and other operational ing Commission instead of $6,495,000 as pro- DIVISION B—TRANSFERS FROM EMER- needs of the agency. posed by the House and $10,000,000 as pro- GENCY RESPONSE FUND PURSUANT TO BUILDINGS AND FACILITIES posed by the Senate. These funds are to be PUBLIC LAW 107–38 The conference agreement includes used toward agency recovery from the events CHAPTER 1 $14,081,000 for APHIS buildings and facilities of September 11, 2001, and for other mitiga- DEPARTMENT OF AGRICULTURE as proposed by the House and the Senate. tion and preparedness needs for the agency. GENERAL PROVISIONS, THIS CHAPTER OFFICE OF THE SECRETARY This amount includes funding for the relocation of laboratories to the main National The conference agreement includes lan- The conference agreement includes Veterinary Services Laboratories campus guage (Sec. 101) as proposed by the Senate $80,919,000 for the Office of the Secretary as where a higher level of safety and security that amends a number under the Food and proposed by the Senate instead of $4,582,000 can be provided. In addition, the funding will Drug Administration account in P.L. 107–76. as proposed by the House. The conferees di- complete the physical security counter- The conference agreement includes lan- rect that these funds be used for upgrading measure installation, and will enhance secu- guage (Sec. 102) as proposed by the Senate USDA facility and operational security and rity guard service. that amends a provision in P.L. 107–76 re- for other unforeseen needs of the Depart- lated to payments to apple producers. ment related to counterterrorism and home- FOOD SAFETY AND INSPECTION SERVICE land security. The conference agreement includes CHAPTER 2 DEPARTMENT OF JUSTICE ARGICULTURE BUILDINGS AND FACILITIES AND $15,000,000 for the Food Safety and Inspection RENTAL PAYMENTS Service as proposed by the Senate instead of GENERAL ADMINISTRATION $9,800,000 as proposed by the House. This The conference agreement does not include USA PATRIOT ACT ACTIVITIES amount includes no less than $3,400,000 for The conference agreement includes a total $2,875,000 for Agriculture Buildings and Fa- facility and operational security needs. cilities and Rental Payments as proposed by of $5,000,000, instead of $25,000,000 as proposed the House. The Senate had no similar provi- FOOD AND NUTRITION SERVICE in the Senate bill. Of this amount, up to sion. Activities funded under this account by SPECIAL SUPPLEMENTAL NUTRITION PROGRAM $2,000,000 is available to conduct a feasibility the House are included in the amount avail- FOR WOMEN, INFANTS, AND CHILDREN (WIC) study as proposed by the Senate. The House able for the Office of the Secretary. The conference agreements includes did not address this matter. ADMINISTRATIVE REVIEW AND APPEALS AGRICULTURAL RESEARCH SERVICE $39,000,000 for the Special Supplemental Nu- trition Program for Women, Infants, and The conference agreement includes SALARIES AND EXPENSES Children program as proposed by the Senate. $3,500,000 for Administrative Review and Ap- The conference agreement includes The House had no similar provision. The con- peals, as proposed in both the House and $40,000,000 for salaries and expenses of the ference agreement also includes language, as Senate bills.

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LEGAL ACTIVITIES analysis; $20,622,000 is for Computer Analysis funding for the Office of Domestic Prepared- SALARIES AND EXPENSES, GENERAL LEGAL Response Teams; $9,218,000 is for Intelligence ness (ODP) within the Office of Justice Pro- ACTIVITIES Production; $12,241,000 is for audio intercep- grams will enhance the preparedness and re- The conference agreement includes tion technology; $5,606,000 is for the forensic sponse capabilities of State and local enti- $12,500,000 for General Legal Activities, as and audio/video/image analysis program; ties with responsibility for responding to ter- proposed in the House bill, and instead of $7,700,000 is for a transfer to the Drug En- rorist attacks. Within the funding provided $21,250,000 as proposed in the Senate bill. Of forcement Administration for the Special for Formula Grants, up to $5,000,000 shall be the amount provided, $4,800,000 is for the Operations Division; $12,818,000 is for classi- made available for the continued support of Criminal Division and $7,700,000 is for admin- fied projects; $6,461,000 is for Title III wire- the Domestic Preparedness Equipment Tech- istrative expenses associated with the Office taps; $1,392,000 is for Evidence Response nical Assistance Program, a partnership be- of the Special Master. the conferees note Teams collection and training needs; and tween the ODP and the Pine Bluff Arsenal. that $7,090,000 was provided in P.L. 107–77 for $50,000,000 is for counterterrorism equipment The conferees are aware that the September the Computer Crime and Intellectual Prop- and supplies. 11, 2001, terrorist attacks also impacted Con- erty Section under General Legal Activities The conferees are aware that terrorist or- necticut. Accordingly, the conferees encour- for cyber security activities. ganizations exploit the Internet to plan, co- age ODP to work with Connecticut to expe- ordinate, and initiate terrorist acts, finance dite the release of any grant funds that may SALARIES AND EXPENSES, UNITED STATES terrorist activities, and recruit terrorists. To be warranted. The distribution of funding is ATTORNEYS enable the FBI to continue its efforts to as follows: The conference agreement includes work with businesses and Federal State gov- Justice assistance $56,370,000 for the United States Attorneys, ernments to fight cybercrime, $61,000,000 is instead of $68,450,000 as proposed in the provided for the National Infrastructure Pro- [Dollars in Thousands] House bill and $74,600,000 as proposed in the tection center, including not less than Office of Justice Programs, Senate bill. The recommendation includes $12,000,000 for the Special Technologies and Justice Assistance: $45,000,000 to establish joint terrorism task Applications Unit, and $7,202,000 is provided Aircraft for NYC for forces; $2,000,000 for victims’ assistance; and for regional computer forensic labs. This counterterrorism and for New York city, $1,850,000 for crisis re- funding is in addition to funding provided other required activi- sponse equipment, $5,042,000 for immediate elsewhere in this bill to fight cybercrime. ties ...... 9,800 prosecutorial needs, and $2,478,000 for renova- IMMIGRATION AND NATURALIZATION SERVICE Capital Wireless Inte- tions to the Church Street office. grated Network in the SALARIES AND EXPENSES SALARIES AND EXPENSES, UNITED STATES Washington Metropoli- MARSHALS SERVICE ENFORCEMENT AND BORDER AFFAIRS tan area ...... 20,000 The conference agreement includes The conference agreement includes Training Programs: $10,200,000 for the United States Marshals $449,800,000 for the salaries and expenses of Center for Domestic Pre- Service, instead of $11,100,000 as proposed in the Immigration and Naturalization Service paredness, Ft. McClel- the House bill and $26,100,000 as proposed in (INS), as proposed in the Senate bill, instead lan, Alabama ...... 17,000 the Senate bill. Of this amount, $4,000,000 is of $409,600,000 as proposed in the House bill. Nat’l Energetic Materials provided for additional protection of the Of this amount, $10,000,000 is for additional Research and Testing Federal Judiciary in New York City involved border patrol agents along the Southwest Center, New Mexico ..... 11,500 in the World Trade Center bombing the Em- Border; $55,800,000 is for additional inspectors Nat’l Emergency Re- bassy bombing trials; $1,200,000 is for Foley and support staff on the Northern Border; sponse and Rescue Square and Brooklyn Federal courthouse se- and $23,900,000 shall be for transfer of an ad- Training Ctr, Texas curity expenses; and $5,000,000 is for court- ditional border patrol agents and support A&M ...... 11,500 house security equipment. Within the total staff on the Northern Border. Also included Nat’l Exercise, Test, and funding available, the U.S. Marshals Service in the amount provided is $13,300,000 for the Training Center, Ne- is expected to provide up to $200,000 for addi- entry/exit system; $10,555,000 for border vada Test Site ...... 11,500 tional security needs at the Federal Court- crossing card and green card readers; Nat’l Center for Bio-Med house in Alexandria, Virginia. $18,000,000 for the lease acquisition program; Research, Training, Louisiana State Uni- CONSTRUCTION $25,600,000 for 16 single engine helicopters; $54,000,000 for ISIS; $5,000,000 for infrared versity ...... 11,500 The conference agreement includes scopes; $2,500,000 for border checkpoint im- Training Grants and Sup- $9,125,000 for U.S. Marshals Service Construc- provements and canine teams; $8,157,000 for port ...... 16,000 tion, instead of $35,000,000 as proposed in the ENFORCE/IDENT data communications, bio- Exercises: Senate bill. The House did not address this metrics redundancy equipment, and the Exercise Grants/Support matter. The Marshals Service is directed to booking module; $39,100,000 for information to States/Exercise apply this funding to the highest priority lo- technology connectivity, enterprise informa- Mgmt ...... 33,900 cations. tion and information assurance; $5,000,000 for TOPOFF II ...... 4,000 FEDERAL BUREAU OF INVESTIGATION the ENFORCE detention and removals mod- Program Evaluation/ SALARIES AND EXPENSES ule; $36,800,000 for SEVIS; $23,454,000 for the After Action Analysis 5,000 The conference agreement includes forensic document lab equipment and staff- Technical Assistance ...... 8,000 $745,000,000 for the salaries and expenses of ing; $5,300,000 for fugitive operations deten- Management and Adminis- the Federal Bureau of Investigation (FBI), tion and removal; $5,885,000 for ADNET/EN- tration ...... 8,000 instead of $538,500,000 as proposed in the FORCE integration of databases; $5,904,000 Formula Grants ...... 212,300 House bill and $654,500,000 as proposed in the for ENFORCE investigations and intel- Prepositioned Equipment 20,000 Senate bill. Of this amount, $237,000,000 is for ligence modules; $10,200,000 for joint ter- continued implementation of Trilogy. The rorism task forces; $5,000,000 for border pa- Total, Justice Assist- Committees will entertain a reprogramming trol planning and design; $8,800,000 for phys- ance ...... 400,000 for other information technology needs ical security and guards; $5,400,000 for attor- STATE AND LOCAL LAW ENFORCEMENT should the FBI not need the full amount pro- neys; and $72,145,000 for unfunded immediate ASSISTANCE vided for Trilogy. Also within the total fund- response needs. The conference agreement includes ing amount provided, $184,147,000 is for im- CONSTRUCTION $251,100,000 for Byrne Discretionary grants mediate unfunded response needs; $1,641,000 The conference agreement includes under the State and Local Law Enforcement is for data network interception. In addition, $99,600,000 for INS construction as proposed Assistance programs within the Office of $56,764,000 is for the information assurance in the Senate bill. The House bill did not ad- Justice Programs. Funding provided shall be and data digitizing, and the conferees direct dress this matter. The conferees direct the available only for allocation to State and that the FBI submit a spending plan, subject INS to submit a proposed distribution to the local public safety entities for expenses for to section 605 reprogramming requirements Committees prior to obligating any of these emergency preparedness equipment, train- of P.L. 107–77, prior to obligating any fund- funds. ing, and other public safety purposes in their ing for these activities. Also within the total jurisdictions. The distribution of funding is OFFICE OF JUSTICE PROGRAMS funding amount, $7,404,000 is for foreign lan- as follows: guage translation needs; $43,762,000 is for JUSTICE ASSISTANCE State and local law enforcement assistance headquarters and field office The conference agreement includes counterterrorism investigation support; $400,000,000 for Office of Justice Programs, [Dollars in Thousands] $8,744,000 is for the wireless intercept pro- Justice Assistance programs, as proposed in Virginia: gram; $11,278,000 is for DNA systems and both the House and the Senate bills. This Fairfax County ...... $12,000

VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00453 Fmt 0688 Sfmt 0655 E:\BR01\H19DE1.007 H19DE1 December 19, 2001 CONGRESSIONAL RECORD—HOUSE 27453 State and local law enforcement assistance— State and local law enforcement assistance— bill. The House bill did not include funding Continued Continued under this heading. City of Alexandria ...... 8,000 CyberSecurity Initiative ... 5,000 NATIONAL OCEANIC AND ATMOSPHERIC City of Fairfax ...... 1,500 Utah Olympics Public ADMINISTRATION City of Falls Church ...... 500 Safety Command ...... 17,100 OPERATIONS, RESEARCH, AND FACILITIES Loudoun County ...... 4,300 The conference agreement includes $750,000 City of Manassas ...... 1,500 Total, State and Local for licensing and enforcement of commercial Manassas Park ...... 500 Law Enforcement As- satellite remote sensing, as proposed in both Virginia State Police for sistance ...... 251,100 counterterrorism meas- the House and Senate bills. In addition, ures ...... 13,900 CRIME VICTIMS FUND $2,000,000 is included for increased security Arlington County ...... 16,000 The conference agreement includes measures at U.S. satellite control facilities, Prince William County ... 4,300 $68,100,000 for the Office for Victims of as proposed in the Senate bill. Crime, as proposed in both the House and The conferees agree that in the Statement Subtotal for Virginia ... 62,500 Senate bills. These funds will provide grants of Managers accompanying the Conference to counseling programs for the victims of the Report on H.R. 2500, under the heading ‘‘Na- New Jersey: September 11, 2001, terrorist attacks, as well tional Oceanic and Atmospheric Administra- New Jersey State Police as their families and crisis responders. tion, Operations, Research, and Facilities, Radio System ...... 30,000 Grants will go to government and private or- Program Support’’, ‘‘McArthur,’’ shall be Jersey City Police for ganizations providing services to victims re- stricken and ‘‘Townsend Cromwell’’ inserted, modernization for a siding in New York, New Jersey, Virginia, and in the chart under ‘‘NWS, NWSTG’’, communications sys- and other States as needed. ‘‘CIP’’ shall be stricken and ‘‘Mt. Weather’’ tem ...... 10,700 DEPARTMENT OF COMMERCE inserted. Newark, New Jersey Po- DEPARTMENT MANAGEMENT lice Department for se- INTERNATIONAL TRADE ADMINISTRATION curity equipment ...... 5,000 OPERATIONS AND ADMINISTRATION SALARIES AND EXPENSES City of Newark, New Jer- The conference agreement includes The conference agreement includes sey ...... 5,000 $1,000,000 for additional security enhance- $4,776,000, instead of $881,000 as provided in ments for 45 overseas posts not collocated in the Senate bill, and $8,636,000 as provided in Subtotal for New Jer- embassies or chanceries, instead of $750,000 the House bill. This amount includes sey ...... 50,700 as proposed in the House bill and $1,500,000 as $3,291,000 for increased contract guard serv- proposed in the Senate bill. No funding is in- ices at the Herbert C. Hoover Building and Maryland: cluded for a security survey of domestic of- Other Department of Commerce facilities, Interoperability of com- fices. $485,000 for security equipment, and $1,000,000 munications, IT sys- XPORT ADMINISTRATION for Voice-over Internet Protocols. tems ...... 7,020 E Upgrades to the tech- OPERATIONS AND ADMINISTRATION THE JUDICIARY nology infrastructure The conference agreement includes SUPREME COURT OF THE UNITED STATES and coordination be- $1,756,000 for overseas export enforcement at- CARE OF THE BUILDING AND GROUNDS tween the Federal, taches and a project matrix, as proposed in The conference agreement includes State and local law en- both the House and Senate bills. $30,000,000 for the Supreme Court ‘‘Care of forcement and public NATIONAL TELECOMMUNICATIONS AND the Building and Grounds’’ account for secu- health agencies to pre- INFORMATION ADMINISTRATION rity enhancements as provided in the Senate vent and respond to a PUBLIC TELECOMMUNICATIONS FACILITIES, bill, instead of $10,000,000 as provided in the biochemical attack on House bill. the Washington, DC re- PLANNING AND CONSTRUCTION gion ...... 10,573 The conference agreement includes COURTS OF APPEALS, DISTRICT COURTS, AND Add and equip with ro- $8,250,000 for emergency grants to assist pub- OTHER JUDICIAL SERVICES bots four additional lic broadcasters in restoring broadcasting fa- SALARIES AND EXPENSES bomb squad units and cilities and capabilities that were destroyed The conference agreement includes provide for the rapid in the collapse of the World Trade Center $5,000,000 for Courts of Appeals District response of those units 3,468 towers, as proposed in both the House and Courts, and Other Judicial Services for emer- Crime laboratory equip- Senate bills. In addition, language is in- gency communications equipment as pro- ment and training ...... 9 cluded providing a waiver of matching re- vided in the Senate bill. Police field operations quirements, as proposed in the House bill. equipment ...... 508 The Senate bill did not include similar lan- COURT SECURITY Baltimore Washington guage. The conference agreement includes $57,521,000 for security requirements of the Airport bomb and ca- UNITED STATES PATENT AND TRADEMARK Federal Judiciary as provided in the Senate nine teams ...... 986 OFFICE Prince George’s County, bill, instead of $21,500,000 as provided in the MD for disaster pre- SALARIES AND EXPENSES House bill. The conference agreement includes paredness ...... 7,885 ADMINSTRATIVE OFFICE OF THE UNITED Montgomery County, MD $1,500,000 for security upgrades for the U.S. STATES COURTS for major incident pre- Patent and Trademark Office, instead of paredness ...... 8,551 $3,360,000 as proposed in the Senate bill. The SALARIES AND EXPENSES House bill did not include funding under this The conference agreement includes Subtotal for Maryland 39,000 heading. $2,879,000 for the Administrative Office of the NATIONAL INSTITUTE OF STANDARDS AND United States Courts to enhance security at New York: TECHNOLOGY the Thurgood Marshall Federal Judiciary New York City for Building as provided in the Senate bill. The Counterrorism Pre- SCIENTIFIC AND TECHNICAL RESEARCH AND House bill did not include funding under this paredness Training and SERVICES heading. The conference agreement includes Equipment ...... 28,680 DEPARTMENT OF STATE AND RELATED AGENCY New York City Law En- $5,000,000 for a new program to develop and forcement Tele- implement cyber-intrusion and detection RELATED AGENCY communications and technologies as part of a cyber security ini- ROADCASTING BOARD OF GOVERNORS Computers ...... 9,560 tiative, instead of $10,400,000 as proposed in INTERNATIONAL BROADCASTING OPERATIONS the Senate bill. The House bill did not in- New York City Security The conference agreement includes clude funding under this heading. No funds Enhancements ...... 9,560 $9,200,000 for International Broadcasting Op- New York Statewide are provided under this heading for addi- erations for operational costs of surrogate Wireless Network ...... 24,000 tional perimeter security. radio broadcasting by Radio Free Europe/ CONSTRUCTION OF RESEARCH FACILITIES Subtotal for New York 71,800 Radio Liberty to the people of Afghanistan The conference agreement includes in languages spoken in Afghanistan as pro- $1,225,000 for increased security upgrades to posed in the House bill. The Senate bill did Pennsylvania: Major inci- NIST facilities, as proposed in the Senate not include funding under this heading. dent preparedness ...... 5,000

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BROADCASTING CAPITAL IMPROVEMENTS Sec. 208—The conference agreement in- Category/Program Amount The conference agreement includes cludes Section 208, proposed as Section 105 of Relocation Costs and other $10,000,000 for Broadcasting Capital Improve- Division D of the Senate bill, making a tech- purposes ...... 164,500,000 ments for capital requirements associated nical correction to Section 626 of Public Law Pentagon Relocation with surrogate radio broadcasting by Radio 107–77. The language included in Section Costs ...... (33,000,000) Advance Identification Free Europe/Radio Liberty to the people of 626(c) of Public Law 107–77 quashed the De- Friend or Foe for ANG (35,000,000) Afghanistan in languages spoken in Afghani- partment of State’s motion to vacate the Transportation Multi- stan as proposed in the House bill. The Sen- judgment obtained by plaintiffs in Case Platform Gateway for ate bill did not include funding under this Number 1:00CV03110(EGS) and reaffirmed the validity of this claim and its retroactive ap- AWACS ...... (20,000,000) heading. National Infrastructure plication. Nevertheless, the Department of RELATED AGENCIES Simulation Analysis State continued to argue that the judgment EQUAL EMPLOYMENT OPPORTUNITY Center ...... (20,000,000) obtained in Case Number 1:00CV03110(EGS) COMMISSION DDR&E Quick reaction should be vacated after Public Law 107–77 SALARIES AND EXPENSES munitions research ...... (15,000,000) was enacted. The provision included in Sec- Lynx Synthetic Aperture The conference agreement includes tion 626(c) of Public Law 107–77 acknowledges Radar ...... (15,000,000) $1,301,000 for response and recovery needs for that, notwithstanding any other authority, Olympics Support ...... (15,000,000) the Commission’s New York City office as the American citizens who were taken hos- COTS Blast Visualization proposed in both the House and Senate bills. tage by the Islamic Republic of Iran in 1979 Research ...... (5,000,000) SECURITIES AND EXCHANGE COMMISSION have a claim against Iran under the COTS Blast Mitigation SALARIES AND EXPENSES Antiterrorism Act of 1996 and the provision Research ...... (5,000,000) The conference agreement includes specifically allows the judgment to stand for USAMRIID Feasibility/ $20,705,000 for disaster recovery needs for the purposes of award damages consistent with Infrastructure Study ... (1,000,000) Commission’s New York regional office, as Section 2002 of the Victims of Terrorism Act National Remembrance proposed in both the House and Senate bills. of 2000 (Public Law 106–386, 114 Stat. 1541). Memorial ...... (500,000) The conference agreement does not include Additional Allocations of SMALL BUSINESS ADMINISTRATION language proposed in the Senate bill regard- Funds Derived By Trans- BUSINESS LOANS PROGRAM ACCOUNT ing the HUBZone program of the Small Busi- fer ...... 130,000,000 The conference agreement includes ness Administration (SBA). Instead, the con- FSUTR Biological Weap- $75,000,000 for business loan subsidies related ferees direct the SBA to allocate an amount ons Stockpile Reduc- to the terrorist acts in New York, Virginia, not to exceed $2,000,000 within the level pro- tion ...... 30,000,000 and Pennsylvania, on September 11, 2001, as vided for non-credit programs under the DoD Military and proposed in the Senate bill, with a technical ‘‘Salaries and Expenses’’ account in the De- Logistical Support modification. The House bill did not include partments of Commerce, Justice, and State, (Section 304) ...... (100,000,000) funding under this heading. The conferees the Judiciary, and Related Agencies Appro- The conferees designate these specific take particular note of the devasting effects priations Act, 2002 (Public Law 107–77) for funding allocations as items of congressional that the tragic events of September 11, 2001, the HUBZone program, subject to the re- interest, for purposes of complying with es- have had upon the software/information programming requirements in section 605 of tablished procedures regarding transfers and technology industry in and around New York Public Law 107–77. In addition, the Adminis- proposed reprogramming of funds. City and other affected areas. The conferees trator of the SBA shall make quarterly re- CLASSIFIED PROGRAMS encourage the SBA to work with these com- ports to the Committees on Appropriations The conferees’ recommendations regarding panies, as appropriate, in the administration of the House and Senate regarding all ac- classified programs are addressed in a classi- of programs funded in this Act. tions taken by the SBA to address the defi- fied annex accompanying this report. DISASTER LOANS PROGRAM ACCOUNT ciencies in the HUBZone program identified PENTAGON RECONSTRUCTION The conference agreement includes by the General Accounting Office in report Section 305 of the conference agreement $75,000,000 for disaster loan subsidies as pro- number GAO–02–57 of October 26, 2001. appropriates $475,000,000 to continue recon- posed in the Senate bill, with a technical CHAPTER 3 struction of the Pentagon Reservation to re- modification, instead of $140,000,000 as pro- DEPARTMENT OF DEFENSE—MILITARY pair damage inflicted as a result of the at- posed in the House bill. OPERATION AND MAINTENANCE tack on September 11, 2001. The conferees GENERAL PROVISIONS—THIS CHAPTER DEFENSE EMERGENCY RESPONSE FUND commend the hard work and dedication of The conference agreement includes the fol- Chapter 3 of the conference agreement pro- the workers and managers responsible for lowing general provisions: vides a total of $3,395,600,000 in new budget this reconstruction effort, and endorse ef- Sec. 201.—The conference agreement in- authority for the Department of Defense, in- forts to complete this endeavor in record cludes Section 201, waiving certain author- stead of $7,242,911,000 as proposed by the time. ization requirements, as proposed in the House and $1,525,000,000 as proposed by the The conference agreement also includes a House bill Senate. provision (section 305(b)), transferring an ad- Sec. 202.—The conference agreement in- Specific allocations of funds agreed to by ditional $300,000,000 from unobligated and un- cludes Section 202, regarding Small Business the conferees, pursuant to new appropria- committed funds appropriated to the Presi- Administration disaster loans in response to tions provided in this chapter as well as dent in Public Law 107–38 to finance the si- the September 11, 2001, terrorist attacks, transfers of other funds, include the fol- multaneous construction and hardening of proposed as Section 201 in the Senate bill. lowing: military command centers at the Pentagon. Sec. 203.—The conference agreement in- Prior to September 11 the Pentagon renova- cludes Section 203, regarding Small Business Category/Program Amount Situational Awareness ...... $850,000,000 tion plan included above ground and Administration disaster and business loans unhardened military command centers. The in response to the September 11, 2001, ter- Increased World-wide Pos- ture ...... 1,495,000,000 conferees concur that it is now only prudent rorist attacks, proposed as Section 202 in the for security purposes that these critical com- Senate bill. OPTEMPO ...... (1,495,000,000) Offensive Counterterrorism 372,000,000 mand centers be relocated below ground and Sec. 204—The conference agreement in- Munitions ...... (230,000,000) hardened against catastrophic attack at the cludes Section 204, regarding a report on the JDAM ...... (130,000,000) earliest opportunity. This change in plan United States-People’s Republic of China Laser Guided Bomb must be made now before overall Pentagon Science and Technology Agreement of 1979, Kits ...... (100,000,000) reconstruction design, construction, and proposed as Section 203 in the Senate bill. Special Operations Com- budgetary decisions are set in place. It is ex- Sec. 205.—The conference agreement in- mand ...... (142,000,000) pected that this change will accelerate com- cludes Section 205, regarding an Alaska fish- Pentagon Renovation ...... pletion of the entire renovation project from ing capacity reduction program, proposed as Appropriations in this 2014 to 2010, at an estimated additional cost Section 204 in the Senate bill. Act ...... 475,000,000 Sec. 206.—The conference agreement in- of $800,000,000. The conferees believe this ac- Additional appropria- celeration is important for the national se- cludes Section 206, proposed as Section 102 of tions by transfer (Sec- Division D of the Senate bill, making a tech- curity and for the safety of the 25,000 men tion 305): ...... 300,000,000 and women who work in the Pentagon com- nical correction to Public Law 107–77. Initial Crisis Response ...... 39,100,000 Sec. 207—The conference agreement in- Port Security ...... (31,000,000) plex. cludes Section 207, proposed as Section 103 of CBIRF deployment and FORMER SOVIET UNION THREAT REDUCTION Division D of the Senate bill, making a tech- other: DoD support to The conference agreement includes lan- nical correction to Public Law 107–77. the Capitol ...... (8,100,000) guage transferring $30,000,000 of unobligated

VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00455 Fmt 0688 Sfmt 0634 E:\BR01\H19DE1.007 H19DE1 December 19, 2001 CONGRESSIONAL RECORD—HOUSE 27455 balances from the ‘‘Former Soviet Union location of all appropriations for defense and tember 30, 2003 as proposed by the Senate in- Threat Reduction’’ appropriation to the De- intelligence activities (including obligations stead of $1,032,342 to remain available until partment of State, in support of the Biologi- up to that point, and forecasted expendi- expended as proposed by the House. cal Weapons Redirect and Science and Tech- tures) made available from Public Law 107– FEDERAL PAYMENT TO THE DISTRICT OF CO- nology Centers programs. The conferees en- 38. Similar reports shall be submitted quar- LUMBIA FOR CHEMICAL AND BIOLOGICAL dorse the use of these funds as proposed in terly during fiscal year 2002 following sub- WEAPONS PREPAREDNESS the House report, including the redirection mission of the first report. of former Soviet biological production facili- GENERAL PROVISIONS—THIS CHAPTER The conference agreement appropriates ties to vaccine production, and efforts to en- The conference agreement includes a gen- $10,355,000 to remain available until Sep- gage former Soviet biological weapons sci- eral provision (Section 301) which retains a tember 30, 2003 as proposed by the Senate in- entists in collaborative research with U.S. provision proposed in the supplemental re- stead of $10,354,415 to remain available until corporations to develop new vaccine and quest, and amended in the House bill, which expended as proposed by the House. drug therapies for highly infectious diseases. establishes the terms and conditions under FEDERAL PAYMENT TO THE DISTRICT OF CO- QUICK REACTION ACTIVITIES which funds appropriated under the heading LUMBIA FOR PHARMACEUTICALS FOR RE- The conferees recommend $15,000,000 only ‘‘Defense Emergency Response Fund’’ may SPONDERS be used, provides transfer authority for these for quick reaction capabilities to develop The conference agreement appropriates funds, and includes a number of reporting re- and deploy promising new weapons and other $2,100,000 to remain available until Sep- quirements. counter-terrorism and counter-WMD capa- tember 30, 2003 as proposed by the Senate in- The conference agreement includes a gen- bilities that are recommended by the Depart- stead of $2,100,000 to remain available until eral provision (Section 302) which amends a ment of Defense Combating Terrorism Tech- expended as proposed by the House. nology Task Force. similar provision proposed in the supplemental request, and in the House and Senate FEDERAL PAYMENT TO THE DISTRICT OF CO- BLAST MODELING—VISUALIZATION AND bills, which allows funds in the appropria- LUMBIA FOR RESPONSE AND COMMUNICATIONS MITIGATION tions account ‘‘Support for International CAPABILITY The conferees recommend $5,000,000 only Sporting Competitions, Defense’’ to be used The conference agreement appropriates for the conversion of current CIA/OTI tech- to reimburse members of the National Guard nology for use by the USAF Force Protec- $14,960,000 to remain available until Sep- while performing State active duty or full- tember 30, 2003 as proposed by the Senate. tion Battlelab, to accelerate efforts to quick- time National Guard duty, and temporarily ly produce accurate blast models for specific The House bill contained no similar appro- waives the requirement to obtain certifi- priation. or unique structures and to assist in choos- cation from the Attorney General for the De- ing specific deployment and billeting loca- partment’s assistance to the 2002 Winter FEDERAL PAYMENT TO THE DISTRICT OF CO- tions. An additional $5,000,000 is provided Olympic Games in order to meet safety and LUMBIA FOR SEARCH, RESCUE AND OTHER only for Blast Mitigation Research, involv- security needs. EMERGENCY EQUIPMENT AND SUPPORT ing field testing of explosives tests against The conference agreement includes a gen- structures. The conference agreement appropriates eral provision (Section 303) which provides $8,850,000 to remain available until Sep- U.S. ARMY MEDICAL RESEARCH INSTITUTE FOR that funds appropriated by this Act, or made tember 30, 2003 as proposed by the Senate. INFECTIOUS DISEASES available by the transfer of funds in this Act, The House bill contained no similar appro- Due to the terrorist acts of September 11, for intelligence activities are deemed to be priation. 2001 and the anthrax incidents that followed, specifically authorized by the Congress for the DoD is developing an expanded role for purposes of section 504 of the National Secu- FEDERAL PAYMENT TO THE DISTRICT OF CO- the United States Army Medical Research rity Act of 1947 (50 U.S.C. 414). LUMBIA FOR EQUIPMENT, SUPPLIES AND VE- Institute for Infectious Diseases The conference agreement includes a gen- HICLES FOR THE OFFICE OF THE CHIEF MED- (USAMRIID), the lead DoD laboratory for eral provision (Section 304) identified by Ad- ICAL EXAMINER medical aspects of biological warfare de- ministration officials, which provides that The conference agreement appropriates fense. The conferees provide $1,000,000 to the not to exceed $100,000,000 of funds in the De- $1,780,000 to remain available until Sep- Army, only for the purpose of conducting a fense Emergency Response Fund may be tember 30, 2003 as proposed by the Senate. feasibility study to finalize the mission of made available for payments to Pakistan The House bill contained no similar appro- USAMRIID and determine the infrastructure and Jordan for support in connection with priation. requirements and associated costs needed to Operation Enduring Freedom. The conferees accommodate USAMRIID’s expanded role. direct that funds subject to this provision do FEDERAL PAYMENT TO THE DISTRICT OF CO- The conferees direct the Secretary of Army not include funds in this Act, and are limited LUMBIA FOR HOSPITAL CONTAINMENT FACILI- to submit a report on the results of this only to those funds previously made avail- TIES FOR THE DEPARTMENT OF HEALTH study and plans for including a facility ex- able in Public Law 107–38 and formally allo- The conference agreement appropriates pansion in the Future Years Defense Plan cated to the Department of Defense con- $8,000,000 to remain available until Sep- (FYDP) to the congressional defense com- sistent with that Act’s notifications by the tember 30, 2003 as proposed by the Senate. mittees no later than March 15, 2002. President to the Congress. The House bill contained no similar appro- The conference agreement includes a gen- FUTURE REQUESTS FOR SUPPLEMENTAL priation. eral provision (Section 305) regarding the re- APPROPRIATIONS construction of the Pentagon, as discussed FEDERAL PAYMENT TO THE DISTRICT OF CO- The conferees agree with direction in the earlier in this statement. LUMBIA FOR THE OFFICE OF THE CHIEF TECH- House report which directs that future sup- The conference agreement includes a gen- NOLOGY OFFICER plemental appropriations requests for de- eral provision (Section 306) providing addi- The conference agreement appropriates fense and intelligence activities in response tional transfer authority to the Operation $45,494,000 to remain available until Sep- to the attacks of September 11, 2001, as well and Maintenance accounts of the Depart- tember 30, 2003 instead of $43,994,000 to re- as any other supplemental requests for the ment of Defense, if required to meet costs in- main available until September 30, 2003 as Department of Defense and the Intelligence curred in support of Operations Enduring proposed by the Senate. The conference Community, be submitted using the tradi- Freedom and Noble Anvil. agreement also includes language as pro- tional appropriations account format and de- CHAPTER 4 posed by the Senate requiring that a plan for tailed supporting and justification mate- integrating the communications systems of rials. DISTRICT OF COLUMBIA FEDERAL FUNDS local, regional and Federal law enforcement DEFENSE EMERGENCY RESPONSE FUND REPORT agencies be submitted to the Committees on FEDERAL PAYMENT TO THE DISTRICT OF CO- In light of the adjustments recommended Appropriations of the Senate and the House LUMBIA FOR PROTECTIVE CLOTHING AND by the conferees to the supplemental re- of Representatives no later than June 15, BREATHING APPARATUS quest, and other guidance regarding the use 2002. The House bill contained no similar ap- The conference agreement appropriates of previously allocated defense and intel- propriation or language. ligence funds from Public Law 107–38, the $7,144,000 to remain available until Sep- EDERAL PAYMENT TO THE DISTRICT OF CO- conferees direct that not later than 45 days tember 30, 2003 as proposed by the Senate in- F LUMBIA FOR EMERGENCY TRAFFIC MANAGE- following enactment of this Act the Sec- stead of $12,144,209 to remain available until retary of Defense and the Director of Central expended as proposed by the House. MENT Intelligence, in consultation with OMB, pro- FEDERAL PAYMENT TO THE DISTRICT OF CO- The conference agreement appropriates vide the House and Senate Committees on LUMBIA FOR SPECIALIZED HAZARDOUS MATE- $20,700,000 to remain available until Sep- Appropriations with a revised, comprehen- RIALS EQUIPMENT tember 30, 2003 as proposed by the Senate. sive and detailed report, using the guidelines The conference agreement appropriates The House bill contained no similar appro- in the House report, regarding the overall al- $1,032,000 to remain available under Sep- priation.

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FEDERAL PAYMENT TO THE DISTRICT OF ernment to obligate and spend the Federal rity configuration vulnerabilities through- COLUMBIA FOR TRAINING AND PLANNING payments appropriated earlier in this chap- out the nuclear weapons complex; $30,000,000 The conference agreement appropriates ter to the District government’s general is to accelerate deployment of near-term $9,949,000 to remain available until Sep- fund. cyber security measures at all nuclear weap- tember 30, 2003 instead of $11,449,000 to re- GENERAL PROVISIONS—THIS CHAPTER ons complex sites; and $25,000,000 is to provide additional resources for secure transpor- main available until September 30, 2003 as The conference agreement includes lan- tation asset safeguards system operations in- proposed by the Senate. The House bill con- guage in section 401 that authorizes the cluding $1,000,000 for program direction ac- tained no similar appropriation. The reduc- Chief Financial Officer of the District of Co- tivities. tion of $1,500,000 from the Emergency Man- lumbia to transfer up to 5 percent of the The conferees strongly urge the National agement Agency reflects the fact that fund- funds appropriated to the District in this Nuclear Security Administration to use a ing for the Agency for training and planning chapter after advance written notification to portion of the resources provided to develop was provided in the District of Columbia Ap- the Committees on Appropriations. its extensive capabilities in security and propriations Act, 2002 (H.R. 2944). The conference agreement includes lan- counter-terrorism technologies and make FEDERAL PAYMENT TO THE DISTRICT OF guage in section 402 that requires the chief them available to other government agencies COLUMBIA FOR INCREASED FACILITY SECURITY financial officers of the District of Columbia as appropriate. The conference agreement appropriates government and the Metropolitan Wash- $25,536,000 to remain available until Sep- ington Area Transit Authority and the Exec- DEFENSE NUCLEAR NONPROLIFERATION tember 30, 2003 as proposed by the Senate. utive Director of the Metropolitan Wash- The conference agreement includes The House bill contained no similar appro- ington Council of Governments to provide $226,000,000 for Defense Nuclear Nonprolifera- priation. quarterly reports beginning no later than tion as proposed by the Senate instead of FEDERAL PAYMENT TO THE WASHINGTON March 15, 2002. $18,000,000 as proposed by the House. Funding METROPOLITAN AREA TRANSIT AUTHORITY The conference agreement includes lan- of $78,000,000 is provided for nonproliferation and verification research and development, The conference agreement appropriates guage in a new section 403 that requires all including $18,000,000 for development activi- $39,100,000 to remain available until Sep- funds in this chapter to be apportioned quar- ties to automate more of the processes and tember 30, 2003 and includes $2,200,000 for terly by the Office of Management and Budg- increase the number of agents that can be completion of the fiber optic network project et. The conference agreement also inserts a detected with the Biological Aerosol Sentry and $15,000,000 for a chemical emergency sen- proviso that requires all funds in this chap- and Information System (BASIS), a proto- sor program instead of $39,100,000 to remain ter to be made available no later than Sep- type biological detection system to provide available until September 30, 2003 which in- tember 30, 2002. civilian public health systems with early cluded $17,200,000 for completion of the fiber The conference agreement includes lan- warning of airborne biological agents. From optic network project and an automatic ve- guage in a new section 404 that makes a within available funds for research and de- hicle locator system as proposed by the Sen- technical correction to the District of Co- velopment, research is to be conducted with ate. The conference agreement shifts lumbia Appropriations Act, 2002 (H.R. 2944). respect to radiological dispersion devices $15,000,000 included in the $17,200,000 for the CHAPTER 5 known as ‘‘dirty bombs’’. automatic vehicle locator system to a chem- DEPARTMENT OF DEFENSE—CIVIL Funding of $120,000,000 is provided for the ical and biological detection initiative to DEPARTMENT OF THE ARMY International Materials Protection, Control protect transit facilities. The automatic ve- CORPS OF ENGINEERS—CIVIL and Accounting program to secure nuclear hicle locator system will be funded from materials at sites in Russia and the Newly OPERATION AND MAINTENANCE, GENERAL other Federal funds received by the Author- Independent States. ity for security improvements. The conference agreement includes An additional $15,000,000 has been provided FEDERAL PAYMENTS TO THE METROPOLITAN $139,000,000 to support increased security at to the Russian Transition Initiatives pro- WASHINGTON COUNCIL OF GOVERNMENTS Corps of Engineers owned and operated infra- gram for the Nuclear Cities Initiative and The conference agreement appropriates structure facilities as proposed by the House the Initiatives for Proliferation Prevention $5,000,000 to remain available until Sep- and the Senate. program. tember 30, 2003 as proposed by the Senate to DEPARTMENT OF THE INTERIOR Additional funding of $10,000,000 is provided for the International Nuclear Safety Pro- enhance regional emergency preparedness, BUREAU OF RECLAMATION coordination and response and to develop a gram to improve the safety of Soviet-de- comprehensive regional emergency prepared- WATER AND RELATED RESOURCES signed nuclear reactors, and an additional ness, coordination and response plan. The The conference agreement includes $3,000,000 is provided for the program direc- House bill contained no similar appropria- $30,259,000 to support increased security at tion account. tion. The conferees request an interim report Bureau of Reclamation owned and operated Within available fiscal year 2002 funds, the on the status of the comprehensive regional infrastructure facilities as proposed by the Department is directed, in conjunction with plan by September 30, 2002, and a final report House and the Senate. other Federal agencies and departments, to by September 30, 2003. DEPARTMENT OF ENERGY accelerate the development and deployment of the PROTECT program, a chemical agent FAMILY COURT ACT OF 2001 (H.R. 2657) ENERGY PROGRAMS defensive system to cover multiple stations The conferees agree that the Joint Com- ENERGY SUPPLY and tunnels in a high-threat section of the mittee on Judicial Administration of the The conferees agree that the amount ap- Washington Metropolitan Area Transit Au- District of Columbia Courts may use oper- propriated by Title III of the Energy and thority subway system and to expand the ating funds as necessary to implement the Water Development Appropriations Act, 2002 program to include one Boston transit sta- District of Columbia Family Court Act of (Public Law 107–66) under the Energy Supply tion. 2001 (H.R. 2657). The conferees on the District account for ‘‘Renewable Energy Resources’’, of Columbia Appropriations Act, 2002 (H.R. ENVIRONMENTAL AND OTHER DEFENSE subaccount ‘‘Electric energy systems and 2944) intended that the District of Columbia ACTIVITIES storage’’, is increased by $10,000,000, with a Courts would use funds provided under the DEFENSE ENVIRONMENTAL RESTORATION AND corresponding general reduction of $10,000,000 heading ‘‘Federal Payment for Family Court WASTE MANAGEMENT applied to the total ‘‘Renewable Energy Re- Act’’ for any expenses related to imple- sources’’ account. Such general reduction is The conference agreement provides menting family court reform. The conferees to be applied on a pro rata basis to all pro- $8,200,000 for Defense Environmental Res- did not intend or expect the District of Co- grams, projects, and activities under the toration and Waste Management as proposed lumbia Courts to be penalized for expendi- ‘‘Renewable Energy Resources’’ account and by the House and the Senate. Of this funding, tures or reimbursements of operating ex- in accordance with guidance previously pro- $3,300,000 is for the Hanford site in Wash- penses when legitimate family court reform vided in the Energy and Water Development ington and $4,900,000 is for the Savannah expenses were incurred. Appropriations Act, 2002. River Site in South Carolina to provide addi- The conferees request the Joint committee tional safeguards and security measures. ATOMIC ENERGY DEFENSE ACTIVITIES to maintain a separate accounting of those OTHER DEFENSE ACTIVITIES expenses that are attributable to family NATIONAL NUCLEAR SECURITY The conference agreement provides court reform and those general operating ex- ADMINISTRATION $3,500,000 for Other Defense Activities as pro- penses that are unrelated to family court re- WEAPONS ACTIVITIES posed by the House and the Senate. Of these form. The conference agreement provides funds, $2,500,000 is to expand the protective DISTRICT OF COLUMBIA FUNDS $131,000,000 for Weapons activities as pro- forces, replace outdated alarm and radio sys- DIVISION OF EXPENSES posed by the Senate instead of $88,000,000 as tems, and install public address systems at Language is included under ‘‘District of proposed by the House. Of these funds, the Department of Energy’s Washington, Columbia Funds’’ to allow the District gov- $76,000,000 is to address safeguards and secu- D.C., facilities. Funding of $1,000,000 will be

VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00457 Fmt 0688 Sfmt 0634 E:\BR01\H19DE1.007 H19DE1 December 19, 2001 CONGRESSIONAL RECORD—HOUSE 27457 used to purchase and accelerate deployment System as proposed by both the House and the Senate for the Consortium for Worker of distributed air sampling units for the de- the Senate. Education, established by the New York City tection of biological agents using the proto- UNITED STATES PARK POLICE Central Labor Council and the New York type Biological Aerosol Sentry and Informa- The conference agreement provides City Partnership, for an emergency employ- tion System. $25,295,000 for the United States Park Police ment clearinghouse. INDEPENDENT AGENCY as proposed by both the House and the Sen- STATE UNEMPLOYMENT INSURANCE AND NUCLEAR REGULATORY COMMISSION ate. EMPLOYMENT SERVICE OPERATIONS SALARIES AND EXPENSES CONSTRUCTION The conference agreement provides The conference agreement includes The conference agreement provides $4,100,000 as proposed by both the House and $36,000,000 for salaries and expenses at the $21,624,000 for Construction as proposed by the Senate for State unemployment insur- Nuclear Regulatory Commission as proposed both the House and the Senate. The agree- ance and employment service operations. by the Senate. These additional resources ment also includes language permitting the WORKERS COMPENSATION PROGRAMS are to be used: re-analyze the vulnerabilities National Park Service to issue single pro- and physical protection requirements for The conference agreement provides curements for the full scope of each con- $175,000,000 as proposed by both the House NRC-licensed facilities and for radioactive struction project for security improvements materials in transit; re-analyze the design and the Senate for workers compensation at the Washington Monument, the Lincoln programs. Included in this amount is basis threats which are used to design safe- Memorial, and the Jefferson Memorial. guards systems to protect against acts of ra- $125,000,000 for payment to the New York DEPARTMENTAL OFFICES diological sabotage and to prevent the theft State Workers Compensation Review Board, of nuclear materials; strengthen the proc- DEPARTMENTAL MANAGEMENT $25,000,000 for payment to the New York esses used to authorize access to NRC-li- SALARIES AND EXPENSES State Uninsured Employers Fund for reim- censed facilities; upgrade NRC’s emergency The conference agreement provides bursement of claims related to the terrorist preparedness and incident response pro- $2,205,000 for Salaries and Expenses as pro- attacks and $25,000,000 for payment to the grams; and strengthen NRC’s infrastructure posed by both the House and the Senate. New York State Uninsured Employers Fund and communications capabilities. The con- RELATED AGENCIES for reimbursement of claims related to first ferees direct the Commission to utilize the response emergency services personnel who SMITHSONIAN INSTITUTION resources of the National Infrastructure were injured, were disabled, or died due to Simulation and Analysis Center in these ef- SALARIES AND EXPENSES the terrorist attacks. The conference agreement provides forts. The conferees intend that these funds PENSION AND WELFARE BENEFITS $21,707,000 for Salaries and Expenses as pro- shall be excluded from license fee revenues. ADMINISTRATION posed by both the House and the Senate. GENERAL PROVISIONS—THIS CHAPTER SALARIES AND EXPENSES Sec. 501. The conference agreement in- NATIONAL GALLERY OF ART SALARIES AND EXPENSES The conference agreement provides cludes a provision proposed by the Senate $1,600,000 as proposed by both the House and The conference agreement provides which provides that up to $500,000 may be the Senate for pension and welfare benefits available to the Secretary of Energy for safe- $2,148,000 for Salaries and Expenses as pro- administration, salaries and expenses. ty improvements to roads along the shipping posed by both the House and the Senate. OCCUPATIONAL SAFETY AND HEALTH route to the Waste Isolation Pilot Plant site. JOHN F. KENNEDY CENTER FOR THE PERFORMING ADMINISTRATION These funds are to be made available from ARTS funds provided to the Carlsbad Office. OPERATIONS AND MAINTENANCE SALARIES AND EXPENSES Sec. 502. The conference agreement in- The conference agreement provides The conference agreement provides cludes a technical correction proposed by the $4,310,000 for Operations and Maintenance as $1,000,000 as proposed by both the House and Senate to provide $400,000 to initiate con- proposed by both the House and the Senate. the Senate for occupational safety and struction on Nutwood Levee, Illinois, health administration, salaries and expenses. project. This project was improperly de- NATIONAL CAPITAL PLANNING COMMISSION scribed in the Energy and Water Develop- SALARIES AND EXPENSES DEPARTMENTAL MANAGEMENT ment Appropriations Act, 2002. The conference agreement provides $758,000 SALARIES AND EXPENSES Sec. 503. The conference agreement infor Salaries and Expenses as proposed by The conference agreement provides cludes a provision proposed by the Senate both the House and the Senate. The agree- $5,880,000 as proposed by both the House and amending the Reclamation Safety of Dams ment makes these funds available for fiscal the Senate for departmental management, Act of 1978. year 2002 only as proposed by the House. The salaries and expenses. Sec. 504. The conference agreement in- Senate had proposed to make the funds DEPARTMENT OF HEALTH AND HUMAN cludes a technical correction proposed by the available until expended. Senate relating to the Jicarilla, New Mexico, SERVICES GENERAL PROVISIONS, THIS CHAPTER municipal water system. This project was in- CENTERS FOR DISEASE CONTROL AND cluded under the wrong account in the En- Section 701 retains the text of section 601 PREVENTION authorizing the Smithsonian Institution to ergy and Water Development Appropriations DISEASE CONTROL, RESEARCH, AND TRAINING Act, 2002. collect and preserve in the National Museum Sec. 505. The conference agreement in- of American History artifacts relating to the The conference agreement provides cludes a provision proposed by the House re- September 11, 2001 attacks on the World $12,000,000 as proposed by both the House and lating to the Occoquan Creek, Virginia, Trade Center and the Pentagon as proposed the Senate for baseline safety screening for project. by the Senate. The House had no similar pro- emergency services personnel and rescue and recovery personnel. CHAPTER 6 vision. Section 702 retains the text of section 602 OFFICE OF THE SECRETARY FUNDS APPROPRIATED TO THE clarifying the treatment of Federal procure- PUBLIC HEALTH AND SOCIAL SERVICES PRESIDENT ment programs for tribes and Alaska Native EMERGENCY FUND AGENCY FOR INTERNATIONAL DEVELOPMENT Corporations with respect to minority and INTERNATIONAL DISASTER ASSISTANCE disadvantaged business contracting as pro- The conference agreement provides The conference agreement provides an ad- posed by the Senate. The House had no simi- $140,000,000 for Grants for Immediate Re- ditional $50,000,000 for ‘‘International Dis- lar provision. sponse as proposed by the Senate. The House aster Assistance’’, to be obligated from The conference agreement does not include bill contained no similar provision. These amounts made available in Public Law 107– section 603, as proposed by the Senate, ex- funds shall be distributed as grants to help 38, for reconstruction and humanitarian ac- panding the number of Trustees of the John pay for healthcare-related costs incurred by tivities in Afghanistan. The managers direct F. Kennedy Center for the Performing Arts. organizations as a result of the September the United States Agency for International The text of a similar provision, originally 11, 2001 terrorist attacks. These funds are to Development to consult with the committees proposed by the Senate in Division E, Title be allocated based upon the most current prior to the obligation of funds for humani- II, section 201, is included in Division D of data available, with priority and without tarian and reconstruction activities in Af- the conference agreement. The House had no caps, to applicants that, by virtue of their ghanistan. similar provision. proximity to an attack zone, the number of CHAPTER 7 CHAPTER 8 patients served, or the provision of specialized services such as trauma care, partici- DEPARTMENT OF THE INTERIOR DEPARTMENT OF LABOR pated most directly in disaster response ef- NATIONAL PARK SERVICE EMPLOYMENT AND TRAINING ADMINISTRATION forts. These funds are not available for costs OPERATION OF THE NATIONAL PARK SYSTEM TRAINING AND EMPLOYMENT SERVICES that have otherwise been reimbursed or are The conference agreement provides The conference agreement provides eligible for reimbursement from other $10,098,000 for Operation of the National Park $32,500,000 as proposed by both the House and sources.

VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00458 Fmt 0688 Sfmt 0634 E:\BR01\H19DE1.007 H19DE1 27458 CONGRESSIONAL RECORD—HOUSE December 19, 2001 The conference agreement also provides The conferees understand that CDC is pres- tween categories subject to normal re- $2,504,314,000 for emergency expenses to re- ently utilizing microbial characterization programming procedures as proposed by the spond to the September 11, 2001 terrorist at- technology that provides an automated ge- Senate. The House bill contained no similar tacks and for other expenses necessary to netic fingerprint of any bacterium, has the provision. support activities related to countering po- capacity to process a large volume of sam- DEPARTMENT OF EDUCATION tential biological, disease, and chemical ples in a short time frame, and can electroni- SCHOOL IMPROVEMENT PROGRAMS threats to civilian populations. This is cally communicate identified bacterial $1,013,714,000 above the request. ribotypes from multiple laboratory locations The conference agreement provides The agreement includes $865,000,000 for up- for centralized identification. This diag- $10,000,000 as proposed by both the House and grading State and local capacity instead of nostic technology could assist in redressing the Senate for the Project School Emergency $423,000,000 as proposed by the House and laboratory processing backlogs and improv- Response to Violence program. $1,000,000,000 as proposed by the Senate. The ing disease surveillance, including rapid de- RELATED AGENCIES conferees concur with language in the House tection of a multiple-location bioagent re- NATIONAL LABOR RELATIONS BOARD report recommending that a portion of this lease. The conferee surge CDC to accelerate SALARIES AND EXPENSES funding be provided under the authority of evaluation of this technology. The conference agreement provides $180,000 sections 319B, 319C, and 319F of the Public The agreement includes $85,000,000 for as proposed by both the House and the Sen- Health Service Act, as amended. bioterriorism-related research, including ate for the National Labor Relations Board, The conferees believe that a portion of this next-generation vaccine research at the Na- Salaries and Expenses. funding should be available immediately to tional Institute of Allergy and Infectious meet the needs of State and local health de- Diseases (NIAID). The conferees encourage SOCIAL SECURITY ADMINISTRATION partments as a result of the September 11, NIAID to conduct research on safer alter- LIMITATION ON ADMINISTRATIVE EXPENSES 2001 attacks and other subsequent events re- natives to the existing smallpox vaccine, The conference agreement provides lated to terrorism. The conferees also believe such as a vaccine using an inactivated small- $7,500,000 as proposed by both the House and that a portion of this funding should be pox virus. the Senate for the Social Security Adminis- granted under the authority of the Public The agreement also provides $70,000,000 for tration, Limitation on Administrative Ex- Health Threats and Emergencies Act, which the construction of a level-4 biosafety lab- penses. calls for assessments of public health needs, oratory and related infrastructure costs at CHAPTER 9 provides grants to State and local public NIAID. In addition, $71,000,000 is included for LEGISLATIVE BRANCH health agencies to address core public health improving laboratory security at CDC and capacity needs, and provides assistance to the National Institutes of Health. This is in JOINT ITEMS State and local health agencies to enable addition to the $250,000,000 provided in the (INCLUDING TRANSFER OF FUNDS) them to respond effectively to bioterrorist CDC’s appropriation for buildings and facili- The conferees approve $256,081,000 for the attacks. The Secretary is requested to pro- ties in the Departments of Labor, Health and Legislative Branch to ensure the continu- vide the House and Senate Committees on Human Services, and Education and Related ance of government; to enhance the safety Appropriations with a plan to distribute this Agencies Appropriations Act for fiscal year and security of legislative branch offices, funding within 15 days of enactment of this 2002. The conferees understand that the De- systems and employees; and to meet the Act. The conferees concur with language partment has under review recommendations needs arising from the recent anthrax-re- contained in the House report directing the to expand the number of facilities in the lated events. Of this amount, $34,500,000 is to Secretary to provide a report on the State of country to work with infectious agents and be transferred to the Senate, $41,712,000 to the Nation’s public health and medical pre- pathogens that pose significant risk to the the House, $350,000 to the Capitol Guide Serv- paredness for bioterrorism. population. The conferees concur that addi- ice and Special Services Office, $31,000,000 to The conferees further believe that the peer tional facilities are needed. The conferees the Capitol Police Board, $106,304,000 to the review of competitive grants required under are aware of a proposal to improve and mod- Architect of the Capitol, $29,615,000 to the Li- 319C, while desirable under normal cir- ernize existing facilities and to complete brary of Congress, $4,000,000 to the Govern- cumstances, should be waived, at the discre- construction of a new level-3 biosafety lab- ment Printing Office, $7,600,000 to the Gen- tion of the Secretary, to expedite funding to oratory at Colorado State University in Fort eral Accounting Office, and $1,000,000 as a address gaps in public health preparedness. Collins, Colorado. The conferees strongly grant to the United States Capitol Historical In administering assistance for enhancing urge the Secretary to support this proposal. Society. The conferees direct that none of laboratory capacity, the conferees request The agreement includes $593,000,000 for the the funds provided to the Legislative Branch CDC to ensure that funds are made available, National Pharmaceutical Stockpile and agencies (excluding the House of Representa- to the greatest extent possible, to all labora- $512,000,000 for the purchase of the smallpox tives and the Senate) are to be obligated tories participating in the Laboratory Re- vaccine. The conferees note that if we suffer without prior approval of an obligation plan sponse Network and in need of capacity up- a major biological terror attack, such as in- submitted to the Committees on Appropria- grades, as well as to labs in need of upgrades troduction of smallpox into multiple regions tions of the House and Senate. in order to be brought into the network. of the country, we will need to vaccinate The conferees direct the General Account- The agreement includes $135,000,000 for large numbers of Americans very quickly. ing Office to review and report on the actual grants to hospitals and other entities to as- the conferees are aware that technology ex- and planned obligation of funds transferred sist hospitals and emergency departments in ists and has been employed by the military to the entities of the Legislative Branch (ex- preparing for, and responding to, incidents to more rapidly inoculate large groups. The cluding the House of Representatives and the requiring mass immunization and treatment. conferees urge CDC to consider employing Senate) pursuant to the Emergency Re- This funding would allow State and regional this technology so that it is available in sponse Fund established by Public law 107–38 planning with local hospitals, including com- large cities and other areas where the need is and to submit quarterly status reports on all munity health centers. It would also allow greatest. expenditures to the Committees on Appro- some communities to move beyond the plan- The agreement includes $55,814,000 for the priations of the House of Representatives ning phase and begin implementation of Office of the Secretary. These funds are for and the Senate. their plans. The conferees urge the Secretary improving disaster medical assistance Significant costs have been incurred by the to ensure that plans and activities supported teams, national disaster medical system Legislative Branch to respond to the an- with these funds are integrated and coordi- readiness, and other activities related to the thrax-related events at the Capitol Complex; nated with State and local plans. coordination of the Department’s activities approximately $23,000,000 has been included The agreement includes $100,000,000 for up- concerning bioterrorism preparedness and in this chapter for the United States Capitol grading capacity at CDC. The agreement pro- response. Police, the Architect of the Capitol, the vides that up to $10,000,000 of these funds The agreement includes $10,000,000 for the House of Representatives, the Senate, the Li- shall be for the tracking and control of bio- Substance Abuse and Mental Health Services brary of Congress, and the General Account- logical pathogens. Funds are also included to Administration for grants pursuant to sec- ing Office. The conferees note that funds to update and enhance existing laboratory pro- tion 582 of the Public Health Service Act to reimburse the Environmental Protection tocols for use by State and local health lab- develop programs focusing on the behavioral Agency and the Department of Defense are oratories, to increase CDC’s capacity to han- and biological aspects of psychological trau- included in other chapters of Division B. The dle additional laboratory samples from ma response and for developing knowledge conferees recognize that these costs are con- States, to enhance epidemic intelligence with regard to evidence-based practices for tinually being assembled and will ensure service/disaster response teams, to develop treating psychiatric disorders of children adequate funding is provided to properly re- rapid toxic screening and other activities. and youth resulting from witnessing or expe- spond to this unfortunate incident. The agreement also includes $7,500,000 for en- riencing a traumatic event. The conferees recognize that several ac- vironmental hazard control activities con- The agreement includes language to allow tivities of the United States Capitol Histor- ducted by CDC. the Secretary to transfer these amounts be- ical Society have been crippled due to loss of

VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00459 Fmt 0688 Sfmt 0634 E:\BR01\H19DE1.007 H19DE1 December 19, 2001 CONGRESSIONAL RECORD—HOUSE 27459 tourism to the Capitol since September 11, until 2005. The conferees would support most effective method for providing funds 2001. The conferees are concerned over the fi- FORA requesting an early transfer of this for military construction projects when re- nancial situation facing the Society and property, which would hasten the clean up of sponding to an emergency. Consequently, the have included a $1,000,000 grant in order for the property and therefore the conveyance of conferees direct the Department and OMB to the organization to maintain its operations the property for these purposes. analyze military construction requirements during the coming year. The conferees direct United States Army South Headquarters.— in future defense emergencies so they are that the United States Capitol Historical So- The conferees understand that the Army has properly included as part of any overall DOD/ ciety submit a detailed spending plan and a completed a study regarding a potential OMB submission to Congress rather than plan for future self sufficiency to the Com- move of the United States Army South separate form any other defense emergency mittees on Appropriations of the House of Headquarters from Fort Buchanan, Puerto requirements. Representatives and the Senate prior to Feb- Rico to Army bases in the continental Under the existing authority of section ruary 15, 2002. United States. The conferees direct that any 2808 of title 10, a process exists for transfer- The view of the critical need to increase proposed relocation must be consistent with ring prior year appropriations to supplement the U.S. Capitol Police Force the conferees the mission and geographic orientation of the DERF account for military construction authorize an additional 195 FTEs, for a total the U.S. Army South and in accordance with required due to the terrorist acts of Sep- of 1454 officers for fiscal year 2002. In addi- and Army decision brief reviewing the var- tember 11, 2001. The conferees direct DOD to tion, 74 civilian FTEs are authorized, for a ious site alternatives and recommending the use unobligated balances from fiscal years total of 296 civilian FTEs for fiscal year 2002. preferred site. The conferees further direct prior to fiscal year 2002 for these purposes. These additional civilian positions are to es- that the Army provide the House and Senate Then, if insufficient unobligated funds are tablish an Office of Emergency Management Appropriations Committees the results of available, fiscal year 2002 appropriations and a Chem-Bio Strike Team. that study and any further updates. may be transferred. Additionally, DOD is di- ADMINISTRATIVE PROVISIONS—THIS CHAPTER The conferees further direct the Army to rected to notify Congress 15 days prior to The conferees have included administra- report to the committee no later than Feb- any such transfer, to submit an accom- tive positions that: authorizes the Senate ruary 28, 2002, the following concerning this panying Form 1391, and to consult, as is the Sergeant at Arms to acquire buildings and relocation: the number of military and civil- current practice, about the source of funds facilities to respond to an emergency situa- ian personnel to be moved; the estimated from which the transfer is derived. tion and enter into a memorandum of under- cost; selection criteria and analysis of alter- To date, DOD has used section 2808 author- standing with an Executive Agency during natives; and, any changes to the current ity on several occasions, transferring emergencies; authorizes the House Chief Ad- plan. $68,900,000 from authorized and appropriated ministrative Officer to acquire buildings and MILITARY CONSTRUCTION, NAVY military construction projects to unauthor- ized projects needed to effectively fight the facilities to respond to an emergency situa- The conference agreement provides war on terrorism and to provide security in tion and enter into a memorandum of under- $2,000,000 for a perimeter road at Thurmont the United States. The conferees agree that standing with an Executive Agency during Naval Support Facility in Maryland as pro- these projects are extremely important to emergencies; relates to the operations of the posed by the House. The Senate did not in- adequately respond to the terrorist acts of House of Representatives; authorizes any an- clude a similar provision. thrax-contaminated mail delivered by the September 11, 2001, and note that prior to in- MILITARY CONSTRUCTION, AIR FORCE U.S. Postal Service to the House of Rep- voking section 2808, the President must de- resentatives to be destroyed or otherwise The conference agreement provides clare war or a state of emergency. However, disposed of; to increases the salaries of the $46,700,000 for Military Construction, Air the conferees direct DOD to reimburse ac- Chief and Assistant Chief of the Capitol Po- Force, instead of $47,700,000 as proposed by counts that were used as a source of funds lice; provides for recruitment and retention the House. This amount will provide for any project executed under section 2808 incentives for the United States Capitol Po- $20,000,000 for planning and design of a classi- authority. lice; authorizes the Capitol Police to accept fied project. The additional $26,700,000 is for Yet, using unobligated balances from pre- contributions of incidental items and serv- construction of two classified overseas viously appropriated projects effectively in- ices in response to emergencies; provides as- projects. The Senate did not include a simi- creases the $40,000,000,000 in supplemental ap- sistance to the Capitol Police by Executive lar provision. propriations provided for this purpose with- Branch Departments and Agencies; author- MILITARY CONSTRUCTION, DEFENSE-WIDE out a new appropriation. This action is being taken despite the fact that OMB continues izes the Chief of Police, to deputize members (INCLUDING TRANSFER OF FUNDS) of the D.C. National Guard and duly sworn to publicly assert that the $40,000,000,000 pro- The conference agreement provides vided under the Supplemental is more than law enforcement personnel; authorizes the $35,000,000 for Military Construction, De- U.S. Capitol Preservation Commission to sufficient to effectively prosecute the war ef- fense-wide, to provide additional security en- fort. Clearly, using section 2808 authority be- transfer funds from the Capitol Preservation hancements at four sites where stockpiles of Fund to the Architect of the Capitol for the lies this contention. weapons of mass destruction are located. The Section 1002 amends section 138 of Public Capitol Visitors Center; authorizes salary House proposed funding this project in the adjustments for four positions within the Ar- Law 106–246 by inserting a new amount for ‘‘Military Construction, Army’’ account. The completion of the Cadet Physical Develop- chitect of the Capitol; and various technical Senate did not include a similar provision. adjustments related to Public Law 107–68. ment Center at the Military Academy, West GENERAL PROVISIONS—THIS CHAPTER Point, New York. The Army intends to pay CHAPTER 10 The conference agreement includes three for additional costs with savings from prior DEPARTMENT OF DEFENSE general provisions. appropriations. The conferees remain con- MILITARY CONSTRUCTION Section 1001 provides the Department of cerned about cost overruns associated with MILITARY CONSTRUCTION, ARMY Defense (DOD) with authority to use funds this project and direct the Army to complete The conference agreement provides from the Defense Emergency Response Fund the project as expeditiously as possible with- $20,700,000 for Military Construction, Army, (DERF) for military construction projects. in the current authorization. instead of $55,700,000 as proposed by the The Department is required to provide Con- Section 1003 amends section 2202(a) of the House. This funding will provide $4,600,000 for gress with information describing the project National Defense Authorization Act for Fis- a classified overseas project as requested by and its costs 15 days before obligating the cal Year 2002 by making a technical correc- the President. The additional funding will amounts. tion. provide $7,000,000 for a classified project in Despite Congressional intent that the CHAPTER 11 Utah, and $9,100,000 for three anti-terrorism/ $40,000,000,000 provided in P.L. 107–38 be used DEPARTMENT OF TRANSPORTATION force projection projects at Fort Detrick in for purposes necessitated by the events of OFFICE OF THE SECRETARY Maryland. The Senate did not include a simi- September 11, 2001, the Office of Management lar provision. and Budget (OMB) and DOD unintentionally TRANSPORTATION SECURITY ADMINISTRATION California: Fort Ord.—The conferees are created a legal barrier for the funds to be The conference agreement includes aware that the Army will convey two parcels used for military construction projects by $94,800,000 for the new Transportation Secu- of land the former Fort Ord, California, to depositing funds into the DERF account. As rity Administration instead of $15,000,000 as the Fort Ord Reuse Authority (FORA) in the a result, projects vital to the war effort and proposed by the House. The Senate provided future. The City of Seaside, which is a mem- to homeland security have been stalled while no similar appropriation. Within this total, ber of FORA, will receive these parcels and the Department worked through the com- $1,500,000 shall be for intelligence and secu- could use the land to provide recreational plexities of section 2808 of title 10. Exercising rity activities and $93,300,000 shall be for port opportunities to disadvantaged youth. Unfor- the authority provided in this general provi- security grants. tunately, a feasibility study that will deter- sion overcomes these obstacles. Port security.—There are 361 public ports in mine the environmental remediation needed However, the conferees remain concerned the United States and they conduct over 95 on the site is not scheduled for completion that the recent process has not been the percent of United States overseas trade. The

VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00460 Fmt 0688 Sfmt 0634 E:\BR01\H19DE1.007 H19DE1 27460 CONGRESSIONAL RECORD—HOUSE December 19, 2001 Interagency Commission on Crime and Secu- two teams to exclusively serve those port two-way secure communications capability. rity in U.S. seaports reported in the fall of areas presenting the greatest port security The conferees direct that these demonstra- 2000 that the state of security in U.S. sea- challenges, especially those ports with a sub- tions shall leverage significant industry ports generally ranges from poor to fair and stantial concentration of critical Depart- cost-sharing efforts. The remaining funds are that control of access to the seaport or sen- ment of Defense facilities and a shortage of for short-duration demonstrations and pilot sitive areas within the seaport is often lack- alternative floating assets. The Senate bill projects for airports and airlines involving ing. The Commission found that criminal or- included funds for two area-wide teams and potential new security technologies and con- ganizations are exploiting weak security in four teams for specific ports. The conferees cepts, including $2,000,000 for a demonstra- ports to commit a wide range of cargo crimes have no objection to the Commandant co-lo- tion of 100 percent positive passenger bag and that the vulnerability of American ports cating the area-wide teams with the port match technology at Reagan Washington Na- to potential terrorist attacks is high. The specific teams if he believes that economies tional Airport in Virginia, as proposed by Commission recommended minimum secu- of scale and programmatic benefits will re- the House. rity guidelines for U.S. seaports and imple- sult. GRANTS-IN-AID FOR AIRPORTS mentation of a five-year crime and security FEDERAL AVIATION ADMINISTRATION (AIRPORT AND AIRWAY TRUST FUND) technology plan. OPERATIONS The conference agreement includes The conference agreement includes $93,300,000 for grants to U.S. seaports for se- (AIRPORT AND AIRWAY TRUST FUND) $175,000,000 instead of $200,000,000 as proposed curity assessments and enhancements. The The conference agreement includes by the Senate, to be derived from the airport funds provided in the conference agreement $200,000,000 instead of $291,500,000 as proposed and airway trust fund and to remain avail- can be used for security assessments and for by the House and $251,000,000 as proposed by able until expended, for reimbursement to implementation of measures once assess- the Senate. Funds are available until Sep- airports of direct costs associated with addi- ments have been performed. The conferees do tember 30, 2003 as proposed by the Senate in- tional or revised security requirements since not intend this grant funding to be used to stead of available until expended as proposed the September 11th terrorist attacks. The displace current security funding and activi- by the House. Funds are derived from the House bill contained no similar appropria- ties either provided by the ports or by fed- airport and airway trust fund as proposed by tion. The conferees note that the funding eral agencies. The funding provided in the the Senate instead of from the general fund provided is available for security improve- conference agreement is to be used for addi- as proposed by the House. The conference ments and other assistance at Ronald tional security activities not now being per- agreement distributes funds as follows: Reagan Washington National Airport in Vir- formed at the ports. In developing and ad- Item Amount ginia and the Johnstown Airport Authority ministering this grant program, the Under Cockpit door modifications $100,000,000 in Pennsylvania in response to the terrorist Secretary of Transportation for Security is Sky marshals ...... 65,000,000 attacks of September 11, 2001. expected to work in cooperation with local Security experts ...... 20,000,000 FEDERAL HIGHWAY ADMINISTRATION Training facilities ...... 15,000,000 port authorities and other affected federal MISCELLANEOUS APPROPRIATIONS agencies, including the Coast Guard and Total ...... 200,000,000 Maritime Administration. (HIGHWAY TRUST FUND) The conference agreement provides PAYMENTS TO AIR CARRIERS Cockpit door modifications.—The conference agreement provides $100,000,000 for new or $100,000,000 for miscellaneous highway-re- (AIRPORT AND AIRWAY TRUST FUND) modified cockpit doors on commercial air- lated appropriations instead of $110,000,000 as The conference agreement includes craft to improve security of the flight deck. proposed by the Senate. Funds shall be de- $50,000,000 for the payments to air carriers The conferees understand that, under cur- rived from the highway trust fund, and shall (essential air service program) instead of rent plans, this is the maximum amount be for the critical expansion of interstate $57,000,000 as proposed by the Senate. The likely to be obligated during fiscal year 2002. ferry service necessitated by the attacks of House provided no similar appropriation. Sky marshals.—The conferees agree to pro- September 11th. Prior to those attacks, These additional funds will bring the total vide $65,000,000 in this bill for additional sky 67,000 daily commuters utilized the PATH program level to $113,000,000 in fiscal year marshals, and direct that, of the funds pro- transit service between New Jersey and the 2002. This amount should be sufficient to vided to the Transportation Security Admin- World Trade Center. The conference agree- maintain commercial air service to all eligi- istration in the Department of Transpor- ment directs that these funds be made avail- ble communities. For new points with sig- tation and Related Agencies Appropriations able to expand critical ferry services to serve nificant enplanement levels that may be- Act, 2002 from security user fees, $55,000,000 PATH commuters traveling from New Jersey come eligible under the essential air service shall be reserved and used in fiscal year 2002 to Manhattan. A total of $10,000,000 for traf- program in fiscal year 2002 that currently for the hire of additional sky marshals. The fic controls and detours in New York City have three flights per day, the conferees di- House bill included $233,000,000 in this bill for and for the repair and reconstruction of non- rect that this level of service continue. the sky marshal program; the Senate bill Federal-aid highways destroyed or damaged COAST GUARD provided no funds. by the collapse of the World Trade Center OPERATING EXPENSES FACILITIES AND EQUIPMENT buildings is provided under the Federal Emergency Management Agency as proposed The conference agreement includes (AIRPORT AND AIRWAY TRUST FUND) by the House, instead of under this head as $209,150,000 instead of $144,913,000 as proposed The conference agreement includes proposed by the Senate. by the House and $285,350,000 as proposed by $108,500,000 instead of $175,000,000 as proposed the Senate. Funds are available until Sep- by the House and no funds as proposed by the FEDERAL-AID HIGHWAYS tember 30, 2003 as proposed by the Senate in- Senate. Funds are to be derived from the air- EMERGENCY RELIEF PROGRAM stead of available until expended as proposed port and airway trust fund as proposed by (HIGHWAY TRUST FUND) by the House. The conference agreement dis- the House, and available until September 30, The conference agreement provides tributes funds as follows: 2004 instead of available until expended as $75,000,000, to be derived from the highway Item Amount proposed by the House. As requested by the trust fund and to remain available until ex- Reserve activation ...... $110,000,000 administration, these funds are to be used pended, for emergency relief as proposed by Restoration of fiscal year for the procurement and installation of ex- both the House and Senate. plosive detection systems. 2002 reductions ...... 33,507,000 FEDERAL RAILROAD ADMINISTRATION Anti-terrorism activities, RESEARCH, ENGINEERING, AND DEVELOPMENT SAFETY AND OPERATIONS including Marine safety (AIRPORT AND AIRWAY TRUST FUND) The conference agreement provides and security teams ...... 41,293,000 The conference agreement includes $6,000,000 for safety and operations of the Chemical/biological strike $50,000,000, to be derived from the airport and Federal Railroad Administration, as pro- teams ...... 2,500,000 airway trust fund, as proposed by the Senate. posed by both the House and the Senate. National Defense Author- Funds are to remain available until Sep- Funding shall be used for additional expenses ization Act entitlements 21,850,000 tember 30, 2003 instead of September 30, 2002, related to overtime and the hiring of police as proposed by the Senate. The House bill Total ...... 209,150,000 and security officers; increased inspections contained no similar appropriation. Of the of rail infrastructure; additional security Marine safety and security teams.—The con- funds provided, not less than $25,000,000 is for personnel; additional inspector travel; and ferees agree that funding for marine safety proof of concept demonstrations as described other security measures. and security teams is for establishment of in the Senate report accompanying the bill, 348 full-time permanent positions for four incorporating a global satellite-based com- CAPITAL GRANTS TO THE NATIONAL RAILROAD new teams, including two teams with area- munications, navigation and surveillance ar- PASSENGER CORPORATION wide operating responsibility (one each for chitecture; a highly integrated, secure com- The conference agreement provides the Atlantic and Pacific operating areas) and mon information network; and a broadband $100,000,000 for capital improvements of the

VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00461 Fmt 0688 Sfmt 0634 E:\BR01\H19DE1.007 H19DE1 December 19, 2001 CONGRESSIONAL RECORD—HOUSE 27461 National Railroad Passenger Corporation OIG has been given several new responsibil- and Related Agencies Appropriations Act, (Amtrak) as proposed by the Senate. The ities associated with the Transportation Se- 2002. This provision specifies that funds ap- House provided no similar appropriation. curity Act as well as border security initia- propriated to the Research and Special Pro- These funds shall be used solely to enhance tives, which may be addressed with these grams Administration, including funds de- the safety and security of the aged Amtrak- funds. The Secretary of Transportation and rived from the pipeline safety fund, in the owned rail tunnels under the East and Hud- the Director of the Office of Management Department of Transportation and Related son Rivers. Funding shall remain available and Budget should carefully monitor the Agencies Appropriations Act, 2002 shall re- until expended. needs of this office an all the new require- main available until September 30, 2004. The FEDERAL TRANSIT ADMINISTRATION ments placed upon it to assure the adequacy House bill proposed no similar provision. The conference agreement includes the FORMULA GRANTS of funding for this office. Funding shall be available until September 30, 2003. Senate provision that makes a technical cor- The conference agreement includes RELATED AGENCY rection to the department of Transportation $23,500,000 for formula grants as proposed by and Related Agencies Appropriations Act, NATIONAL TRANSPORTATION SAFETY BOARD both the House and the Senate. These sup- 2002. This provision amends item 1497 of the plemental funds will finance the replacement SALARIES AND EXPENSES table contained in section 1602 of Public Law of buses and transit kiosks destroyed by the The conference agreement includes $650,000 105–178 pertaining to capital improvements collapse of the World Trade Center; provide instead of $465,000 as proposed by the House to intermodal marine freight and passenger technical assistance for transit agencies to and $836,000 as proposed by the Senate. Fund- facilities in Anchorage, Alaska. The House refine and develop security and emergency ing is available until September 30, 2003. proposed no similar provision. response plans; accelerate and expand the GENERAL PROVISIONS—THIS CHAPTER The conference agreement makes technical PROTECT program aimed at detecting The conference agreement includes the corrections to the Department of Transpor- chemical and biological agents in transit tation and Related Agencies Appropriations stations; conduct emergency response drills Senate provision that amends section 5117(b)(3) of the Transportation Equity Act Act, 2002. This provision increases the sur- with transit agencies and local first response face transportation projects appropriation agencies; and provide security training for for the 21st Century relating to the contract for follow-on deployment of an intelligent under section 330 by $4,300,000, and reduces transit operators. Funding shall remain section 349 by an equivalent amount. Of the available until expended. transportation system project. The House proposed no similar provision. The conferees funds provided, $300,000 is for the US–61 Dulles corridor transit project.—To facilitate Woodville widening project in Mississippi the extension of rail service to Washington note that, while this provision allows the Secretary to allocated these funds through a and $4,000,000 is for the City of Renton/Port Dulles International Airport, the Adminis- Quendall interstate maintenance project in trator of the Federal Transit Administration sole source procurement, the provision does not mandate such an action. The decision to Washington. The Senate proposed making shall work with the Commonwealth of Vir- these technical corrections by funding these ginia, Northern Virginia municipalities, the distribute this funding on a non-competitive basis is left entirely to the Secretary. projects within the Federal Highway Admin- Metropolitan Washington Airports Author- istration’s obligation limitation. The House ity, and the Washington Metropolitan Area The conference agreement includes the Senate provision that prohibits the use of proposed no similar provision. Transit Authority to develop and implement The conference agreement amends bill lan- appropriated funds, or revenues generated by a financing plan for the Dulles Corridor rapid guage contained in the Department of Trans- the National Railroad Passenger Corporation transit project. portation and Related Agencies Appropria- (Amtrak), to implement section 204(c)(2) of tions Act, 2002 for the salaries and expenses CAPITAL INVESTMENT GRANTS Public Law 105–134, relating to development of political and Presidential appointees and The conference agreement provides of an action plan, until enactment of an Am- prohibits funding for certain positions. $100,000,000 for capital investment grants as trak reauthorization act. The House pro- The conference agreement includes a pro- proposed by the Senate. The House bill con- posed no similar provision. vision that relates to the participation of the tained no similar appropriation. These funds The conference agreement modifies the state of Texas in the state infrastructure shall be used to accelerate transit improve- Senate provision making technical correc- bank pilot program. ments already underway by the Port Author- tions to the Department of Transportation ity of New York and New Jersey and New The conference agreement deletes the pro- and Related Agencies Appropriations Act, vision in title II of division E of the Senate Jersey Transit, to improve access to the 2002. The provision specifies that of the funds PATH and New Jersey Transit systems, and bill which would have required certain proce- authorized under section 110 of title 23, dures regarding labor integration issues re- to initiate transit improvements that are United States Code, and provided for in the necessary to better accommodate new com- lating to the combination of commercial air Department of Transportation and Related carriers. muting patterns in the region as a result of Agencies Appropriations Act, 2002, that no CHAPTER 12 the terrorist attack on September 11th. None funds shall be available for the program au- of these funds should be made available to thorized under section 1101(a)(11) of Public DEPARTMENT OF THE TREASURY the Washington Metropolitan Area Transit Law 105–178; $29,542,304 shall be set aside for DEPARTMENTAL OFFICES Authority (WMATA), as their security needs the Woodrow Wilson bridge project; $5,896,000 TREASURY INSPECTOR GENERAL FOR TAX are addressed elsewhere in the bill. of the $23,896,000 provided for the national ADMINISTRATION RESEARCH AND SPECIAL PROGRAMS motor carrier safety program is for state SALARIES AND EXPENSES ADMINISTRATION commercial driver’s license program im- The conferees agree to provide $2,032,000 as RESEARCH AND SPECIAL PROGRAMS provements; and up to $2,300,000 of the proposed by both the House and the Senate. $56,300,000 available for border infrastructure The conference agreement appropriates a FINANCIAL CRIMES ENFORCEMENT NETWORK improvements may be transferred by the total of $2,500,000 for research and special SALARIES AND EXPENSES programs as proposed by the House instead Secretary of Transportation to the General Services Administration for construction of The conferees agree to provide $1,700,000 as of $6,000,000 as proposed by the Senate. Fund- proposed by both the House and the Senate. ing is provided specifically to address secu- transportation infrastructure for law en- FEDERAL LAW ENFORCEMENT TRAINING rity-related problems the agency encoun- forcement purposes in the border states. The CENTER tered during the September 11th crisis. This conference agreement includes a provision includes $1,000,000 for equipment and con- that allows funds for environmental stream- SALARIES AND EXPENSES tractor support related to information dis- lining to be used for non-administrative The conferees agree to provide $23,000,000 semination in the crisis management center; costs, including grants, cooperative agree- instead of $23,231,000 as proposed by the $800,000 to purchase and install dedicated ments, and other transactions. The House House and $22,846,000 as proposed by the Sen- communication cables for the continuity of proposed no similar provisions. The con- ate. Of this amount, $9,154,000 is provided for operations site; and $700,000 for equipment ferees are very concerned at the lack of training costs associated with new hiring by and contractor support to allow the crisis progress the Department had made in issuing law enforcement agencies. management center to send and receive clas- the rural consultation provision of the state- ACQUISITION, CONSTRUCTION, IMPROVEMENTS sified information. wide planning regulations. After three years AND RELATED EXPENSES and a clear Congressional mandate under the The conferees agree to provide $8,500,000 as OFFICE OF INSPECTOR GENERAL Transportation Equity Act for the 21st Cen- proposed by the House instead of no funding SALARIES AND EXPENSES tury, rural local elected officials continue to as proposed by the Senate. The conference agreement includes be left out of statewide planning discussions. $1,300,000 for salaries and expenses of the Of- The conferees fully expect this rule to be FINANCIAL MANAGEMENT SERVICE fice of Inspector General instead of $2,000,000 promulgated no later than February 1, 2002. SALARIES AND EXPENSES as proposed by the Senate. The House bill The conference agreement includes the The conferees agree to provide no funding contained no similar appropriation. Fol- Senate provision making technical correc- as proposed by the House instead of $600,000 lowing the attacks of September 11th, the tions to the Department of Transportation as proposed by the Senate.

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BUREAU OF ALCOHOL, TOBACCO AND FIREARMS tion effort that is underway. The conferees limitations in cost estimates for various SALARIES AND EXPENSES expect the backup system to be completely projects. Although the conferees are aware The conferees agree to provide $31,431,000 compatible with all new computer systems. that many of the cost estimates were pre- as proposed by both the House and the Sen- UNITED STATES SECRET SERVICE pared in rapid response to the events of Sep- tember 11, 2001, the conferees are concerned ate. SALARIES AND EXPENSES that estimates for some projects may have UNITED STATES CUSTOMS SERVICE The conferees agree to provide $104,769,000 changed by as much as 250 percent. For in- SALARIES AND EXPENSES as proposed by both the House and the Sen- stance, while original estimates for building ate. The conferees agree to provide $392,603,000 modifications and communication installa- instead of $301,759,000 as proposed by the POSTAL SERVICE tion activities for the Office of Homeland Se- House and $292,603,000 as proposed by the PAYMENT TO THE POSTAL SERVICE FUND curity were $2,000,000, the conferees under- Senate. This fully funds the President’s re- The conferees agree to provide $500,000,000 stand that the cost of this project may now quest, and includes additional funding as fol- for emergency expenses of the Postal Service be closer to $7,000,000. The conferees have lows: $245,503,000 for staffing and inspection instead of $600,000,000 as proposed by the Sen- fully funded the President’s request for and investigate technology for borders and ate and no funding as proposed by the House. emergency expenses of the Office of Adminis- critical seaports of entry, to include not less The conferees agree that these funds shall be tration, for the specific projects, and in the than $10,000,000 for the Southwest Border; obligated for the purpose of protecting postal specific amounts requested, as follows: $18,300,000 for a commercial backup data fa- employees and postal customers from expo- EOP estimated obligations cility; and $21,300,000 to support overseas ini- sure to biohazards material, to sanitize and [Dollars in thousands] tiatives to counter money laundering such as screen mail, and to replace or repair Postal that used to finance terrorist or criminal ac- Service facilities and destroyed or damaged Move Related (less IT): tivity. in New Your City as a result of the Sep- Sensitive Compartmen- This funding addresses shortages in crit- tember 11, 2001, terrorist attacks, The con- talized Information Fa- ical law enforcement staffing and technology ferees note that the Postal Service has not cility ...... 3,500 investments. To ensure the optimum impact received a direct appropriation for oper- Telecommunciations on current vulnerabilities, the conferees di- ations for nearly two decades. Nonetheless, Costs ...... 3,000 Move and Facilities Cost 2,500 rect that the $245,503,000 for border and sea- the conferees acknowledge the extraordinary Systems Furniture ...... 2,500 port security shall not be available until 15 circumstances surrounding biohazardous ma- Office Rent ...... 1,903 days after the Customs Service submits to terial in the mail and have provided this Additional 20 FTE ...... 1,325 the Committees on Appropriations and the emergency supplemental appropriation to Secretary of the Treasury a financial plan Space Renovation ...... 1,000 address these specific security concerns. In Second Print Shop ...... 1,000 based upon a comprehensive assessment of providing these emergency funds, the con- Overtime ...... 500 the most effective uses of the Service’s re- ferees do not intend to set a precedent for Additional Copiers and sources, including the funds provided in this operational subsidies of the Postal Service. Fax Machines (includ- Act, for protection along the Northern Bor- The conferees continue to support current ing maintenance) ...... 110 der, Southwest Border, and at critical sea- law requirements that the Postal Service op- Additional Safes and ports. The Secretary is directed to review erate on a self-sustaining basis. Shredders ...... 75 the plan and, within 15 days of its receipt, The conferees are aware that the recent in- notify the Committees of his findings. cidents of anthrax in the mail pose both Subtotal—Move Re- The conferees direct that this detailed plan technology-based and process-based chal- lated ...... 17,413 address the use of Customs Service resources lenges for the Postal Service, the conferees for the Northern Border, Southwest Border, commend the Postal Service for its on-going critical seaports, and other ports of entry Information Technology: efforts and are pleased with the progress Enhance Information that present a potential security risk. The fi- made to date. The conferees further believe nancial plan shall include a revised breakout Technology Reliability 15,000 that additional actions taken by the Postal Additional IT Intrusion of fiscal year 2002 funding by object class, Service should be based on a comprehensive Security ...... 3,000 and by programmatic category, to reflect the emergency preparedness plan and, of the EOP-Wide Teleconfer- application of funding provided through this funds provided, have withheld from obliga- encing Capability ...... 3,000 Act, and should be consistent with the mate- tion funds for sanitizing and screening the Information Security ..... 700 rials submitted with the President’s fiscal mail until the Postal Service submits such a Anti-Hacking Software .. 400 year 2003 budget request. Any changes in plan to the Committees on Appropriations, Dedicated Technician funding levels that exceed the thresholds for the House Committee on Government Re- Support ...... 350 reprogramming set forth in the fiscal year form and the Senate Committee on Govern- Network Components ..... 61 2002 Appropriations Act for the Department mental Affairs. of the Treasury will require advance ap- As part of its emergency preparedness Subtotal—Information proval by the Committees, as set forth in the plan, the conferees expect the Postal Service Technology ...... 22,511 reprogramming guidelines. to include an assessment of threats to the OPERATION, MAINTENANCE AND PROCUREMENT, health and safety of employees and cus- Emergency Response: AIR AND MARINE INTERDICTION PROGRAMS tomers of the Postal Service and the integ- Air Quality, Building The conferees agree to provide $6,700,000 as rity of the mail; testing and evaluating the Modifications and proposed by both the House and the Senate. options for detecting and/or addressing those Communications In- threats, including both technology-based and INTERNAL REVENUE SERVICE stalls, Backup Power, process-based options; a comparison of the and Voice Announcers 8,019 PROCESSING, ASSISTANCE, AND MANAGEMENT costs and benefits of options under consider- The conferees agree to provide $12,990,000 ation; an evaluation of the strengths and Subtotal—Emergency instead of no funding as proposed by the weaknesses of the technologies under consid- Response ...... 8,019 House and $16,658,000 as proposed by the Sen- eration for mail sanitization, including an ate. These funds are to address the highest analysis of risks to human health and safety Uncategorized Misc.: priority security and response needs of the and to mail products associated with each of Enhance Telecommuni- program. those technologies; and a timetable for im- cations ...... 1,000 plementing the options selected. TAX LAW ENFORCEMENT Additional White House The conferees agree to provide $4,544,000 as EXECUTIVE OFFICE OF THE PRESIDENT Operators (10) ...... 600 proposed by both the House and the Senate. OFFICE OF ADMINISTRATION Reorganization of RDS INFORMATION SYSTEMS SALARIES AND EXPENSES Warehouse ...... 250 The conferees agree to provide $15,991,000 The conferees agree to provide $50,040,000 Temporary Data Entry as proposed by the Senate instead of no fund- for emergency expenses of the Office of Ad- Personnel in WHO Cor- ing as proposed by the House. The conferees ministration, as proposed by the Senate in- respondence ...... 164 Paper ...... 44 acknowledge the need to adequately provide stead of no funding as proposed by the House. Catridges and Copier backup for the recovery of IRS computer The conferees are concerned by the lack of Supplies ...... 20 systems and include a provision to ensure detail and background submitted by the Of- General Office Supplies .. 20 that the design and construction of the fice of Administration in support of emer- backup system to closely coordinated with gency appropriations for the Executive Of- Subtotal— the major IRS business systems moderniza- fice of President and, more specifically, by Uncategorized Misc ..... 2,098

VerDate Aug 04 2004 09:15 Jun 15, 2005 Jkt 089102 PO 00000 Frm 00463 Fmt 0688 Sfmt 0655 E:\BR01\H19DE1.007 H19DE1 December 19, 2001 CONGRESSIONAL RECORD—HOUSE 27463 In the event that there are deviations from House for a comprehensive security evalua- INDEPENDENT AGENCIES these line items, the conferees direct the Of- tion of the VA which should include and con- DEPARTMENT OF HEALTH AND HUMAN fice of Administration to follow the appro- sider security actions and recommendations SERVICES priate reprogramming and transfer guide- implemented by other Federal, State and NATIONAL INSTITUTES OF HEALTH lines, as included in the joint explanatory local government agencies. The Senate in- statement accompanying the fiscal year 2002 cluded funds for similar purposes under con- NATIONAL INSTITUTE OF ENVIRONMENTAL conference report for the Treasury and Gen- struction, major projects. HEALTH SCIENCES eral Government Appropriations Act, 2002. In None of these funds may be used to create Provides $10,500,000 for the National Insti- particular, the conferees note the require- an new Office of Operations and Prepared- tute of Environmental Health Sciences ment that a reprogramming request must be ness as the Department has not provided spe- (NIEHS) as proposed by the House and the submitted for any action where funds ear- cific information on the creation of such of- Senate. Bill language has been adopted by marked for a specific activity are proposed fice. the conferees which clarifies that funds may be used for all NIEHS research and worker to be used for a different activity. Finally, CONSTRUCTION, MAJOR PROJECTS training programs as authorized by law. Bill the conferees expect the Office of Adminis- The conferees have not provided funds in language has also been included amending tration to fully coordinate the implementa- this account for security evaluations as pro- Public Law 107–73 to clarify the intent of tion of these, and any future, security posed by the Senate but instead included Congress with respect to funds provided for changes with the General Services Adminis- funding under general operating expenses as NIEHS for fiscal year 2002. tration, the Secret Service, the White House proposed by the House. ENVIRONMENTAL PROTECTION AGENCY Military Office, and other Executive Office of DEPARTMENT OF HOUSING AND URBAN the President offices and agencies. DEVELOPMENT SCIENCE TECHNOLOGY INDEPENDENT AGENCIES COMMUNITY PLANNING AND DEVELOPMENT Provides $90,308,000 for science and technology instead of $10,000,000 as proposed by GENERAL SERVICES ADMINISTRATION COMMUNITY DEVELOPMENT FUND the House and $41,514,000 as proposed by the REAL PROPERTY ACTIVITIES The conference agreement includes Senate. Funds are intended to be used to as- FEDERAL BUILDINGS FUND $2,000,000 from funds appropriated in Public sess and improve building security at EPA The conferees agree to provide $126,512,000, Law 107–38 for economic recovery assistance laboratory sites as well as perform drinking instead of $126,500,000 as proposed by the Sen- for affected areas in New York City as pro- water vulnerability assessments, and an- ate and $87,360,000 as proposed by the House. posed by the Senate, instead of $1,875,000,000 thrax decontamination activities. Within this amount, full funding is provided as proposed by the House. The conference agreement includes lan- ENVIRONEMENTAL PROGRAMS AND for the requested replacement space costs MANAGEMENT and security costs in New York and Wash- guage designating $10,000,000 for a program Provides $39,000,000 for environmental pro- ington, D.C. The conferees understand that to aid the travel and tourism industry in gram and management instead of $140,360,000 sufficient funding has been provided else- New York City as proposed by the House. Modified language is included, similar to as proposed by the House and $38,194,000 as where for relocation costs in Washington, language proposed by the Senate, requiring proposed by the Senate. The conferees have D.C., and do not include any funding for that the Lower Manhattan Redevelopment Cor- provided funds necessary to assess and im- purpose in this account. The conferees poration to develop criteria and process approve building security at EPA sites, pay for strongly encourage the General Services Ad- plications for the distribution of funds mad the temporary relocation and other costs for ministration to allocate that portion of the available under Community Development EPA’s Region 2 office, provide technical ma- funds provided to meet nationwide security Fund from funds provided in Public Law 107– terials and contingency planning manuals needs in a way that addresses the greatest 38. Modified language is also included, simi- for wastewater treatment plants, pay for an- threats, risks, and vulnerabilities on a na- lar to language proposed by the Senate, re- thrax decontamination activities, and as- tional basis regardless of regional bound- quiring the corporation to process expedi- sume additional personnel costs associated aries. tiously applications for assistance. The con- with EPA’s increased responsibilities in NATIONAL ARCHIVES AND RECORDS ferees expect the corporation to make every criminal investations and enforcement ac- ADMINISTRATION effort to respond to applications from indi- tions related to bioterrorism and other OPERATING EXPENSES viduals, nonprofit and small businesses for counterterriorism activities. The conferees The conferees agree to provide $1,600,000 in- economic losses within 45 days of submission recognize and acknowledge that the hiring of stead of no funding as proposed by the House of an application. additional employees will increase the Agen- and $4,818,000 as proposed by the Senate. Modified language is also included, similar cy-wide FTE level. The conferees also recog- Within this amount the conferees have pro- to language proposed by the Senate, desig- nize that additional Agency-wide require- vided full funding for the requested increases nating not less than $500,000,000 of the ments to respond to the terrorist attacks of in security operating expenses at Archives I $2,700,000,000 made available for the Commu- September 11, 2001 as well as subsequent and Archives II and direct that the balance nity Development Fund from amounts pro- counterterrorism activities will result in in- of the funds be used to address the greatest vided in Public Law 107–38 for assistance to creased travel costs of the Agency. In this security concerns of the Presidential librar- individuals, nonprofits and small businesses regard, the conferees agree that the travel ies. located on or south of 14th Street, with a ceiling assumed as part of the fiscal year 2002 limitation of $500,000 per small businesses. appropriation is no longer valid, and re- REPAIRS AND RESTORATION The conferees adopt the language included quests the Agency to provide a quarterly let- The conferees agree to provide $1,000,000 in- in the Senate report related to semi-annual ter detailing the variance in travel relative stead of no funding as proposed by the House audits by the Inspector General of the De- to the 2002 budget submission. and $2,180,000 as proposed by the Senate. partment of Housing and Urban Develop- HAZARDOUS SUBSTANCE SUPERFUND Within this amount the conferees have pro- ment. In lieu of the requirement in the Sen- Provides $41,292,000 for hazardous sub- vided full funding for the requested increases ate report related to reports related to dis- stance superfund as proposed by the Senate in security repairs and restoration expenses position of claims, the conferees instead di- instead of $5,800,000 as proposed by the at Archives I and Archives II and direct that rect the Department of Housing and Urban House. The conferees agree that funds will the balance of the funds be used to address Development to provide quarterly reports to provide fro a new West Coast ‘‘Immediate the greatest security concerns of the Presi- the Committees on Appropriations on the ob- Response Team’’, pay for the temporary relo- dential libraries. ligation and expenditure of these funds. cation and other costs for EPA’s Region 2 of- The conferees recognize the unique bene- GENERAL PROVISION, THIS CHAPTER fice, pay for anthrax decontamination activi- fits the New York board of trade (NYBOT) The conferees agree not to include Section ties, and provides for personnel, training, beings to the economy of the City of New 1101 as proposed by the Senate regarding equipment, and planning related to increased York, as well as to the country. In this re- telecommunications access. responsibilities in responding to terrorism gard, the conferees strongly encourage the Sec. 1201. The conferees agree to include a and counterterrorism activities. The con- Corporation to consider the needs of the technical amendment to the ‘‘9/11 Heroes ferees note that in addition to funds provided NYBOT as it allocates assistance provided Stamp Act of 2001’’, as proposed by the Sen- for future such activities by EPA, funds pro- from the Community Development Fund. ate in Division D. vided herein are also intended to reimburse CHAPTER 13 MANAGEMENT AND ADMINISTRATION expenses of the Agency incurred while assist- DEPARTMENT OF VETERANS AFFAIRS OFFICE OF INSPECTOR GENERAL ing anthrax investigations and cleanup ac- The conference agreement includes tions at the United States Capitol and Con- DEPARTMENTAL ADMINISTRATION $1,000,000 from funds appropriated in Public gressional office building complex, the GENERAL OPERATING EXPENSES Law 107–38 to replace office and investigative Brentwood and other United States Post Of- The conferees recommend $2,000,000 in gen- equipment damaged in the terrorist attacks, fice locations, and other such work per- eral operating expenses as proposed by the as proposed by both the House and Senate. formed prior to enactment of this Act.

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STATE AND TRIBAL ASSISTANCE GRANTS for enhancement of FEMA’s ability to sup- concerning NASA information technology Provides $5,000,000 for state and tribal as- port the 2002 Winter Olympics. networks as it pertains to cyber-based sistance grants as proposed by the House and Within 90 days of enactment of this Act, threats to NASA. the Senate. Funds are provided for State the Director of the Federal Emergency Man- OFFICE OF INSPECTOR GENERAL grants for counterterrorism coordinators to agement Agency (FEMA) shall submit to the The conferees have not included any addi- work with EPA and drinking water utilities Director of the Office of Homeland Security tional funding for the Office of Inspector in assessing drinking water safety. and to the Congress a report which shall in- General. The House had proposed an increase Bill language has been included making clude: of $3,000,000 and the Senate had proposed no (1) a complete accounting of all emergency technical corrections for two targeted water additional funding. and terrorism preparedness training courses and wastewater grants provided in previous NATIONAL SCIENCE FOUNDATION appropriations Acts. offered by FEMA and all departments and RESEARCH AND RELATED ACTIVITIES The conferees note that the cost-share re- agencies of the federal government; (2) a discussion of the effectiveness of those quirement for a National Community Decen- Provides $300,000 for research and related courses, the possible consolidation of all fed- tralized Demonstration project in Missouri, activities as proposed by the House and the eral emergency and terrorism preparedness provided under this heading in Public Law Senate. Funds are provided for additional se- training courses, the adequacy of federal 107–73 (item number 173), should be the same curity measures at NSF research facilities. training courses in the area of chemical and as that required for the previous six such GENERAL PROVISIONS, THIS CHAPTER biological weapons, and training models used demonstration projects approved in fiscal Retains language proposed by the Senate in the private sector that the Director con- years 1999 and 2000. authorizing the Points of Light Foundation siders as being representative of the best to name community service projects after FEDERAL EMERGENCY MANAGEMENT AGENCY safety and security practices, particularly individual victims of the September 11, 2001 DISASTER RELIEF relating to the aftermath of a chemical or attacks and create a website and database to biological attack. The conferees agree to provide $4,356,871,000 catalogue such projects. No federal funds are for disaster relief to fund additional efforts NATIONAL AERONAUTICS AND SPACE to be used for these activities. The House did in response to the September 11, 2001 ter- ADMINISTRATION not include a similar provision. rorist attacks. The amount provided includes HUMAN SPACE FLIGHT Retains language proposed by the Senate $10,000,000 for expenses related to traffic con- The conferees have agreed to provide authorizing the Cook Inlet Housing Author- trol and detours in New York City and for $76,000,000 for human space flight instead of ity to use the previously appropriated funds the repair and reconstruction of non-Fed- $81,000,000 as proposed by the House and for a tribal student housing project. The eral-aid-eligible highways destroyed or dam- $64,500,000 as proposed by the Senate. The House did not include a similar provision. aged by the collapse of the World Trade Cen- amount provided includes $8,000,000 for infor- The conference agreement includes modi- ter buildings. mation security, $60,000,000 for security and fied language, similar to language proposed The conferees are concerned that there counterintelligence, and $5,000,000 for com- by the Senate, making available up to may be some gaps in assistance to those af- munications capabilities. An additional $11,300,000 for obligations under section 514 of fected by the terrorist attacks on September $3,000,000 is provided for enhanced radar ca- the Multifamily Assisted Housing Reform 11, 2001. The conferees have been informed by pability (TPS–75 mobile radar system) to and Affordability Act (MAHRAA). Of this FEMA that all firefighters, law enforcement provide low-altitude coverage for security amount, up to $1,300,000 in fiscal year 2002 personnel, emergency medical personnel, and needs at the Kennedy Space Center. funds is authorized to be used to reimburse victims of this incident will be compensated SCIENCE, AERONAUTICS AND TECHNOLOGY vouchers submitted by section 514 grantees through FEMA or other federal programs. through October 15, 2001 for prior year com- The conferees agree to provide $32,500,000 FEMA has indicated in writing that they are mitments which were probable violations of for science, aeronautics and technology, in- unaware of any gaps in assistance with re- the Anti-Deficiency Act (ADA). The con- stead of $36,500,000 as proposed by the House spect to the terrorism attacks. FEMA is ex- ferees note that the Department of Housing and $28,600,000 as proposed by the Senate. pected to provide funding for all eligible re- and Urban Development has yet to provide The amount provided includes $12,000,000 for cipients in an expeditious manner. sufficient information to the Committees on information security, $15,000,000 for security Appropriations related to violations of the SALARIES AND EXPENSES and counterintelligence and $5,500,000 for ADA related to section 514 grants. The con- Provides $25,000,000 for salaries and ex- communications capability. ferees expect the Department to investigate penses instead of $30,000,000 as proposed by OFFICE OF SECURITY the House and $20,000,000 as proposed by the fully this matter and provide the necessary In August 2001, NASA established the Of- Senate. The amount provided includes notifications to the President and the Con- fice of Security Management and Safeguards $10,000,000 for the national security division. gress in accordance with the requirements under the direction of an Associate Adminis- The conferees are concerned about the con- set forth in the Anti-Deficiency Act and Of- trator reporting directly to the NASA Ad- tinuing lack of information regarding a new fice of Management and Budget Circular A– ministrator. The Associate Administrator Office of National Preparedness within 34. Pending conclusion of the investigation for Security Management and Safeguards is FEMA and agree, that while a portion of the and notification requirements, the Depart- the senior security and counterintelligence funding provided by this appropriation may ment is authorized to use a portion of the advisor to the NASA Administrator, with ul- be used to establish the Office, FEMA must $10,000,000 provided in fiscal year 2002 for new timate authority for NASA-wide security inform the Congress of the structure, respon- grant awards to reimburse grantees for ac- and counterintelligence operations, proc- sibilities, and roles of this new Office, with tivities completed pursuant to prior year esses, functions, and activities, as well as ad- particular emphasis on its relationships to grant agreements. Should the Department ministrative authority over NASA security the Office of Homeland Security and the De- use funds for this purpose, the amount made funds. The conferees support the establish- partment of Justice. Therefore, the conferees available for new grant awards shall be re- ment of the Office of Security Management direct FEMA to report to the Committees on duced accordingly. The conferees direct the and Safeguards, and the full authority of Appropriations by February 15, 2002 on the Secretary of the Department of Housing and this Office over Agency-wide security and structure of the Office of National Prepared- Urban Development to provide bimonthly re- counterintelligence activities and funding. ness, including a staffing plan, and its duties ports to the Committees on Appropriations Furthermore, the conferees agree with direc- and functions in relation to other agencies on the status of technical assistance funds tion included in the Senate Report that involved in Homeland security. spent under section 514 of MAHRAA, includ- NASA shall identify funding from within ing the status of the investigation of prob- EMERGENCY MANAGEMENT PLANNING AND available Agency resources to provide for ap- able ADA violations, a spending plan for the ASSISTANCE proximately 35 additional FTE to staff the $11,300,000 made available under this section, Provides $220,000,000 for emergency plan- Office of Security Management and Safe- and the status and findings of audits con- ning and assistance, instead of $290,000,000 as guards at NASA Headquarters and at NASA’s ducted by the Inspector General, with the proposed by the Senate and $35,000,000 as pro- field Centers. The conferees also agree that first report due no later than January 15, posed by the House. Of the amount provided, responsibilities of the NASA Office of Secu- 2002. $21,000,000 shall be used to carry out the fire rity Management and Safeguards shall in no Modified language is also included ear- grants program as authorized by the Federal way prevent the Office of Inspector General marking $1,500,000 from funds provided to the Fire Prevention and Control Act of 1974, as from conducting its lawful investigative ac- Office of General Counsel and the Office of amended by Public Law 106–398. The con- tivities, including investigations into cyber Multifamily Housing Assistance Restruc- ferees have included bill language which pro- crime. Further, the conferees expect that the turing to be used for section 514 technical as- vides that up to 5 percent of the funds may Office of Security Management and Safe- sistance grants, similar to language proposed be transferred to salaries and expenses for guards and the Office of the Inspector Gen- by the Senate. administrative costs associated with this eral will continue to share counter-intel- New language is included clarifying that program. In addition $10,000,000 is to be used ligence and intelligence threat information the authorization to use funds to rectify a

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violation of the Anti-Deficiency Act in no Conference agreement CHRISTOPHER BOND, way releases an officer or employees from compared with: MITCH MCCONNELL, the requirements set forth pursuant to the New budget RICHARD C. SHELBY, Act. (obligational) author- JUDD GREGG, Inserts language making several technical ity, fiscal year 2001 ...... +19,108,593 KAY BAILEY HUTCHISON, corrections to economic development initia- Budget estimates of new Managers on the Part of the Senate. tives under the heading ‘‘Community Devel- (obligational) author- f opment Fund’’ in Public Law 107–73. ity, fiscal year 2002 ...... ¥1,923,369 House bill, fiscal year PROVIDING FOR CONSIDERATION CHAPTER 14 2002 ...... ¥342 OF H.R. 3525, ECONOMIC SECU- GENERAL PROVISIONS Senate bill, fiscal year RITY AND WORKER ASSISTANCE The conference agreement includes section 2002 ...... +264 ACT OF 2001 1401, as proposed by the Senate, which states DIVISION B that amounts obligated pursuant to this di- Mr. REYNOLDS. Mr. Speaker, by the vision are subject to the terms and condi- The total new budget (obligational) au- direction of the Committee on Rules, I tions provided in Public Law 107–38. The thority for the fiscal year 2002 recommended call up House Resolution 320 and ask House had no similar provision. by the committee of conference, with com- for its immediate consideration. The conference agreement includes section parisons to the fiscal year 2002 budget esti- The Clerk read the resolution, as fol- 1402, as proposed by the House and the Sen- mates, and the House and Senate bills for lows: 2002 follow: ate, concerning availability of funds appro- H. RES. 320 priated within this division. [In thousands of dollars] Resolved, That upon the adoption of this The conference agreement includes section Budget estimates of new resolution it shall be in order without inter- 1403 concerning transfer authority for na- (obligational) authority, vention of any point of order to consider in tional guard expenses for services related to fiscal year 2002 ...... 20,000,000 the House the bill (H.R. 3529) to provide tax homeland security. Each request for transfer House bill, fiscal year 2002 20,000,000 incentives for economic recovery and assist- shall include a declaration that, as of the Senate bill, fiscal year 2002 20,000,000 ance to displaced workers. The bill shall be date of the request, none of the funds pro- Conference agreement, fis- considered as read for amendment. The pre- posed for transfer have been obligated, and cal year 2002 ...... 20,000,000 vious question shall be considered as ordered none will be obligated, until the Committees Conference agreement on the bill to final passage without inter- on Appropriations have approved the re- compared with: vening motion except: (1) two hours of de- quest. Budget estimates of new bate on the bill equally divided and con- (obligational) author- DIVISION C—SPENDING LIMITS AND trolled by the chairman and ranking minority, fiscal year 2002 ...... ity member of the Committee on Ways and BUDGETARY ALLOCATIONS FOR FIS- House bill, fiscal year Means; and (2) one motion to recommit. The CAL YEAR 2002 2002 ...... yeas and nays shall be considered as ordered The conference agreement includes, as di- Senate bill, fiscal year on the question of passage. Clause 5(b) of vision C, budgetary provisions that are nec- 2002 ...... rule XXI shall not apply to the bill or essary to conform existing budget law with amendments thereto. For consideration of Division A of the House final appropriations agreements. Sections The SPEAKER pro tempore (Mr. 101 adjusts the fiscal year 2002 discretionary bill and Division A of the Senate amend- LATOURETTE). The gentleman from caps in the Balanced Budget and Emergency ment, and modifications committed to con- Deficit Control Act of 1985 to levels conference: New York (Mr. REYNOLDS) is recognized sistent with final appropriations action. This JERRY LEWIS, for 1 hour. section also provides for conforming adjust- BILL YOUNG, Mr. REYNOLDS. Mr. Speaker, for the ments to the fiscal year 2002 budget resolu- JOE SKEEN, purposes of debate only, I yield the cus- tion, and includes a small budget authority DAVE HOBSON, tomary 30 minutes to the gentleman allowance for technical scoring differences HENRY BONILLA, from Texas (Mr. FROST), the ranking that may exist between the Office of Man- GEORGE R. NETHERCUTT, member of the Committee on Rules, agement and Budget and the Congressional Jr., pending which I yield myself such time RANDY ‘‘DUKE’’ Budget Office. Section 102 resets the Pay-As- as I may consume. During consider- You-Go scorecard to zero. CUNNINGHAM, RODNEY P. ation of this resolution, all time yield- DIVISION D—MISCELLANEOUS FRELINGHUYSEN, ed is for the purpose of debate only. PROVISIONS TODD TIAHRT, Mr. Speaker, House Resolution 320 is The conference agreement modifies a pro- JOHN P. MURTHA, a closed rule providing for consider- vision, proposed by the Senate in Division E, NORMAN D. DICKS, ation of H.R. 3529, the Economic Secu- related to certain real property in South Da- MARTIN OLAV SABO, rity and Worker Assistance Act of 2001, kota. The House bill contained no similar PETER J. VISCLOSKY, with 2 hours of debate in the House, provision. JAMES P. MORAN, equally divided and controlled by the The conference agreement includes the DAVID R. OBEY chairman and ranking minority mem- text of a provision, proposed by the Senate (except for aircraft ber of the Committee on Ways and in Division E, Title II, section 201, which ex- leasing), pands the number of Trustees of the John F. For consideration of all other matters of the Means. The rule waives all points of Kennedy Center for the Performing Arts. House bill and other matters of the Senate order against consideration of the bill, The House had no similar provision. amendment, and modifications committed to and it provides for one motion to re- DIVISION A conference: commit, with or without instructions. BILL YOUNG, Mr. Speaker, while the images of The total new budget (obligational) au- JERRY LEWIS, September 11’s terrorist attacks will thority for the fiscal year 2002 recommended DAVID OBEY, last forever in the minds of the Amer- by the Committee of Conference, with com- Managers on the Part of the House. parisons to the fiscal year 2001 amount, the ican people, the fact is that the full im- 2002 budget estimates, and the House and DANIEL K. INOUYE, pact of that day goes beyond that Senate bills for 2002 follow: ERNEST F. HOLLINGS, which we could conceive in the piles of ROBERT C. BYRD, [In thousands of dollars] rubble and twisted metal. While eco- PATRICK J. LEAHY, nomic indicators show this Nation’s New budget (obligational) TOM HARKIN, economic downturn began in Sep- authority, fiscal year BYRON L. DORGAN, 2001 ...... 298,515,154 tember of 2000, a full year before the RICHARD J. DURBIN, attacks of September 11, that vicious Budget estimates of new HARRY REID, assault on our Nation and its people (obligational) authority, DIANNE FEINSTEIN, fiscal year 2002 ...... 319,547,116 HERB KOHL, only exacerbated an already fragile sit- House bill, fiscal year 2002 317,624,089 TED STEVENS, uation. Senate bill, fiscal year 2002 317,623,483 THAD COCHRAN, Months before the latest crisis, this Conference agreement, fis- ARLEN SPECTER, Congress showed the leadership, the bi- cal year 2002 ...... 317,623,747 PETE DOMENICI, partisanship, and sense of purpose

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