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107TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 107–484

PROVIDING FOR CONSIDERATION OF H.R. 4775, 2002 SUPPLEMENTAL APPROPRIATIONS ACT FOR FURTHER RECOVERY FROM AND RESPONSE TO TERRORIST ATTACKS

ON THE UNITED STATES

MAY 22 (legislative day, MAY 21), 2002.—Referred to the House Calendar and

ordered to be printed

Mr. SESSIONS, from the Committee on Rules,

submitted the following

R E P O R T

[To accompany H. Res. 428]

The Committee on Rules, having had under consideration House

Resolution 428, by a record vote of 8 to 2, report the same to the

House with the recommendation that the resolution be adopted.

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 4775, the 2002

Supplemental Appropriations Act for Further Recovery from and

Response to Terrorist Attacks on the United States, under an open

rule. The rule provides one hour of general debate equally divided

and controlled by the chairman and ranking minority member of

the Committee on Appropriations. The rule waives all points of

order against consideration of the bill.

The rule provides that the amendments printed in this report

shall be considered as adopted in the House and in the Committee

of the Whole. The rule further waives points of order against provisions in the bill, except as specified in the resolution.

The rule allows the Chairman of the Committee of the Whole to

accord priority in recognition to Members who have pre-printed

their amendments in the Congressional Record. The rule waives

points of order during consideration of the bill against amendments

for failure to comply with clause 2(e) of rule XXI (prohibiting nonemergency designated amendments to be offered to an appropriation bill containing an emergency designation).

The rule provides one motion to recommit with or without instructions.

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Finally, the rule provides that House Concurrent Resolution 353,

as adopted by the House, shall have the force and effect as though

adopted by Congress.

The waiver of all points of order against consideration of the bill

includes a waiver of clause 2, rule XXI (prohibiting unauthorized

or legislative provisions in an appropriations bill), as the bill includes several legislative provisions.

COMMITTEE VOTES

Pursuant to clause 3(b) of House rule XIII the results of each

record vote on an amendment or motion to report, together with

the names of those voting for and against, are printed below:

Rules Committee Record Vote No. 120

Date: May 21, 2002.

Measure: H.R. 4775.

Motion by: Mr. McGovern.

Summary of motion: Motion to strike from the rule the language

that would self-execute the debt ceiling provisions.

Results: Defeated 2 to 8.

Vote by Members: Goss—Nay; Pryce—Nay; Diaz-Balart—Nay;

Hastings (WA)—Nay; Myrick—Nay; Sessions—Nay; Reynolds— Nay; McGovern—Yea; Hastings (FL)—Yea; Dreier—Nay.

Rules Committee Record Vote No. 121

Date: May 21, 2002.

Measure: H.R. 4775.

Motion by: Mr. McGovern.

Summary of motion: Motion to strike all the self-executing language from the rule.

Results: Defeated 2 to 8.

Vote by Members: Goss—Nay; Pryce—Nay; Diaz-Balart—Nay;

Hastings (WA)—Nay; Myrick—Nay; Sessions—Nay; Reynolds— Nay; McGovern—Yea; Hastings (FL)—Yea; Dreier—Nay.

Rules Committee Record Vote No. 122

Date: May 21, 2002.

Measure: H.R. 4775.

Motion by: Mr. Hastings of Florida.

Summary of motion: Motion to strike from the rule the language

that would self-execute the Medicare fix provisions for a few metropolitan areas in certain states.

Results: Defeated 2 to 8.

Vote by Members: Goss—Nay; Pryce—Nay; Diaz-Balart—Nay;

Hastings (WA)—Nay; Myrick—Nay; Sessions—Nay; Reynolds—

Nay; McGovern—Yea; Hastings (FL)—Yea; Dreier—Nay.

Rules Committee Record Vote No. 123

Date: May 21, 2002.

Measure: H.R. 4775.

Motion by: Mr. Hastings of Florida.

Summary of motion: Motion to make in order the amendment offered by Mr. Hastings of Florida that would add $200 million for

election reform.

Results: Defeated 2 to 8.

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Vote by Members: Goss—Nay; Pryce—Nay; Diaz-Balart—Nay;

Hastings (WA)—Nay; Myrick—Nay; Sessions—Nay; Reynolds—

Nay; McGovern—Yea; Hastings (FL)—Yea; Dreier—Nay.

Rules Committee Record Vote No. 124

Date: May 21, 2002.

Measure: H.R. 4775.

Motion by: Mr. Goss.

Summary of motion: Motion to report the rule.

Results: Adopted 8 to 2.

Vote by Members: Goss—Yea; Pryce—Yea; Diaz-Balart—Yea;

Hastings (WA)—Yea; Myrick—Yea; Sessions—Yea; Reynolds—Yea;

McGovern—Nay; Hastings (FL)—Nay; Dreier—Yea.

SUMMARY OF AMENDMENTS CONSIDERED AS ADOPTED

Sec. 1403—Provides statutory assurance that the United States

Government will take all steps necessary to guarantee the full faith

and credit of the Government.

Sec. 1404—Provides for Medicare reimbursement adjustments.

Sec. 1405—Clarifies fabric origin requirements for regional trade

preference agreements.

Sec. 1406—Ensures that the conference can permit the Postal

Service to continue to use the bypass mail system in Alaska on

mainline routes and in the Alaskan bush country. Bypass mail

should be an incentive to improve the level of passenger service

and enhance safety in Alaska.

TEXT OF AMENDMENTS CONSIDERED AS ADOPTED

Add at the end of chapter 14:

SEC. 1403. Section 3101 of title 31, United States Code, is

amended by adding at the end the following new subsection:

‘‘(d) The United States Government shall take all steps necessary

to guarantee the full faith and credit of the Government.’’.

SEC. 1404. TREATMENT OF CERTAIN COUNTIES FOR PURPOSES OF REIMBURSEMENT UNDER THE MEDICARE PROGRAM.

(a) RECLASSIFICATION OF CERTAIN PENNSYLVANIA COUNTIES.—

(1) IN GENERAL.—Notwithstanding any other provision of

law, effective for discharges occurring during fiscal year 2003,

for purposes of making payments under subsections (d) and (j)

of section 1886 of the Social Security Act (42 U.S.C. 1395ww)

to hospitals (including rehabilitation hospitals and rehabilitation units under such subsection (j))—

(A) in Lackawanna, Luzerne, Wyoming, Lycoming, and

Columbia Counties, Pennsylvania, such counties are

deemed to be located in the Newburgh, New York-PA Metropolitan Statistical Area; and

(B) in Mercer County, Pennsylvania, such county is

deemed to be located in Youngston-Warren, Ohio Metropolitan Statistical Area.

(2) RULES.—The reclassifications made under paragraph (1)

with respect to a subsection (d) hospital shall be treated as a

decision of the Medicare Geographic Classification Review

Board under paragraph (10) of section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)).

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(b) LARGE URBAN AREA OF NEW YORK.—Notwithstanding any

other provision of law, effective for discharges occurring on or after

October 1, 2002, and before October 1, 2005, for purposes of making payments under section 1886(d) of the Social Security Act (42

U.S.C. 1395ww(d)) the large urban area of New York, New York is

deemed to include Orange County, New York, and Dutchess County, New York.

SEC. 1405. AMENDMENTS TO THE CARIBBEAN BASIN ECONOMIC RECOVERY ACT.

Section 213(b)(2)(A) of the Caribbean Basin Economic Recovery

Act (title II of Public Law 98–67; 19 U.S.C. 2703(b)(2)(A)) is

amended—

(1) in clause (i), by adding at the end the following:

‘‘Apparel articles shall qualify under the preceding

sentence only if all dyeing, printing, and finishing of

the fabrics from which the articles are assembled, if

the fabrics are knit fabrics, is carried out in the

United States. Apparel articles shall qualify under the

first sentence of this clause only if all dyeing, printing,

and finishing of the fabrics from which the articles are

assembled, if the fabrics are woven fabrics, is carried

out in the United States.’’; and

(2) in clause (ii), by adding at the end the following:

‘‘Apparel articles shall qualify under the preceding

sentence only if all dyeing, printing, and finishing of

the fabrics from which the articles are assembled, if

the fabrics are knit fabrics, is carried out in the

United States. Apparel articles shall qualify under the

first sentence of this clause only if all dyeing, printing,

and finishing of the fabrics from which the articles are

assembled, if the fabrics are woven fabrics, is carried

out in the United States.’’.

(b) ANDEAN TRADE PREFERENCE ACT.—Any duty-free or other

preferential treatment provided under the Andean Trade Preference Act to apparel articles assembled from fabric formed in the

United States shall apply to such articles only if all dyeing, printing, and finishing of the fabrics from which the articles are assembled if the fabrics are knit fabrics, is carried out in the United

States. Any duty-free or other preferential treatment provided

under the Andean Trade Preference Act to apparel articles assembled from fabric formed in the United States shall apply to such

articles only if all dyeing, printing, and finishing of the fabrics from

which the articles are assembled, if the fabrics are woven fabrics,

is carried out in the United States.

(c) EFFECTIVE DATE.—Subsection (b) and the amendments made

by subsection (a) shall take effect— (1) 90 days after the date of the enactment of this Act, or

(2) September 1, 2002,

whichever occurs first.

SEC. 1406

Congress shall take all steps necessary to ensure that section

5402 of Title 39, United States Code is amended to allow the

United States Postal Service to tender non-priority bypass mail to

mainline carriers who carry mainline non-priority bypass mail.

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Congress shall take all steps necessary to ensure that section

5402 of Title 39, United States Code is further amended to allow

the United States Postal Service to tender non-priority bypass mail

to bush carriers, on a route not served by a mainline carriers or

between two bush points. Carriers are encouraged to upgrade their

operating certificates and increase passenger service. Carriers who

make these changes may be tendered a greater percentage of nonpriority bypass mail.

Congress shall take all steps necessary to ensure that The Secretary of the Department of Transportation sets non-priority bypass mail rate as is deemed necessary to continue the bypass mail

service.

The requirements of these provisions will only be in effect in the

State of Alaska.

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