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But clearly we need more money, and I think that the gentleman from Washington (Mr. INSLEE) is right in requesting it. I thank the chairman for accepting it. But it should have been taken out of the trust fund. We should not be talking about expanding airports and doing all the other improvements until we make planes safer. I take some real exception to the deletion of this. I realize technically they were right in doing
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Mr. ROGERS of Kentucky. Mr. Chairman, will the gentleman yield?
Mr. SHAYS. I yield to the gentleman from Kentucky.
Mr. ROGERS of Kentucky. Does the gentleman understand that as a result of the moneys being stricken earlier this afternoon, coming out of the trust funds for the purpose of security, buying bomb detection machines, sky marshals, screeners and the like, because that money was stricken from the bill, this bill earlier today, that $466.5 million, adding back the $250 million that we are talking about with the Inslee amendment, will not get us back to where we were? We are still going to be short several hundred million dollars. And that the airport trust fund has funds in it right now that could be used for this purpose.
Mr. SHAYS. I am aware of it. I am very distressed by it. I hope it is worked out by the leaders and you as to how we deal with this. I think it was a clear mistake to take it out of the trust funds. I think in the end we endanger the public by doing it.
Mr. ROGERS of Kentucky. Does the gentleman mean it was a mistake to strike it?
Mr. SHAYS. Yes, it was a mistake to delete from the bill the use of the money from the trust funds; we should be using the trust funds for what they were intended, and that is for the flying safety of the American people.
Mr. ROGERS of Kentucky. I thank the gentleman for that statement.
The CHAIRMAN. The question is on the amendment offered by the gentleman from Washington (Mr. Inslee).
The amendment was agreed to.
AMENDMENT OFFERED BY MR. VISCLOSKY
Mr. VISCLOSKY. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Visclosky:
In the proposed division B (relating to emergency supplemental appropriations), insert the following new title:
TITLE __--STEEL INDUSTRY LEGACY RELIEF
FINDINGS
SEC. __1. The Congress finds the following:
(1) The United States steel industry has been severely harmed by a record surge of steel imports into the United States since 1998.
(2) This surge in imports has resulted in the loss of more than 26,000 steel worker jobs and is the imminent cause of 25 steel company bankruptcies.
(3) The import surge has also forced the United States steel industry into reduced volume, lower prices, and financial losses.
(4) On October 22, 2001, the International Trade Commission determined that the domestic steel industry has been severely injured by the import surge.
(5) The United States steel industry has massive retiree health care liabilities that total $13,000,000,000 and cost the steel industry almost $1,000,000,000 annually.
(6) These health care liabilities pose a significant barrier to steel industry consolidation and rationalization that could improve the financial condition of the industry and reduce the impact of foreign imports.
(7) Steel company bankruptcies, job losses, and financial losses are contributing to the Nation's current economic slowdown and are having serious negative effects on the tax base of cities, counties, and States, and on the essential health, education, and municipal services that these government entities provide to their citizens.
(8) A strong steel industry is necessary to a healthy economy and to the adequate defense preparedness of the United States.
TRADE ADJUSTMENT ASSISTANCE FOR STEEL
SEC. __2. (a) IN GENERAL.--Title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.) is amended by adding at the end the following:
``SEC. 291. DEFINITIONS.
``In this chapter:
``(1) QUALIFIED ANNUAL EXPENDITURE.--
``(A) IN GENERAL.--Subject to subparagraph (B), the term `qualified annual expenditure' means, for any calendar year in connection with a qualified steel company, the total of all expenditures made by such company during such calendar year to meet retiree health care liabilities under a covered retiree health plan established or maintained by such company. Such term includes--
``(i) any disbursement during such calendar year from a voluntary employees' beneficiary association trust organized by the company under 501(c)(9) of the Internal Revenue Code of 1986 to fund retiree health care liability, and
``(ii) any qualified transfer by the company during such calendar year of excess pension assets, described in section 420 of such Code, to fund retiree health care liability.
``(B) LIMITATION.--In any case in which an employee benefit plan is a covered retiree health plan as a successor to another covered retiree health plan, in determining so much of the qualified annual expenditure for any calendar year of the qualified steel company as is attributable to such successor plan, the Secretary shall disregard any expenditures made to meet retiree health care liabilities in excess of the present value of the amount of the retiree health care liabilities in existence on the date of the enactment of this chapter under the predecessor plan in effect on such date.
``(2) QUALIFIED STEEL COMPANY.--The term `qualified steel company' means any entity that is incorporated under the laws of any State and--
``(A) on January 1, 2000, was so incorporated and was engaged in--
``(i) the production or manufacture of a product identified by the American Iron and Steel Institute as a basic steel mill product, including ingots, slab and billets, plates, flat-rolled steel , sections and structural products, bars, rail type products, pipe and tube, and wire rod; or
``(ii) the mining of iron ore, or
``(B) is a successor to an entity described in subparagraph (A).
``(3) RETIREE HEALTH CARE LIABILITY.--The term `retiree health care liability' means, in connection with a qualified steel company, an obligation of such company under an employee benefit plan to pay post-retirement health benefits to participants and beneficiaries or to contribute to such a plan providing such benefits.
``(4) COVERED RETIREE HEALTH PLAN.--The term `covered retiree health plan' of a qualified steel company means an employee benefit plan--
``(A) established or maintained by such company for its employees, or
``(B) established or maintained pursuant to a collective bargaining agreement between one or more employers including such company and one or more employee organizations,
under which, as of the date of the enactment of this chapter, such company has retiree health care liability. Such term includes a successor employee benefit plan established or maintained as described in subparagraph (A) or (B).
``(5) EMPLOYEE BENEFIT PLAN AND RELATED TERMS.--The terms `employee benefit plan', `participant', `beneficiary', and `employee organization' have the meanings provided such terms, respectively, under section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002).
``(6) SECRETARY.--The term `Secretary' means the Secretary of Labor.
``SEC. 292. ESTABLISHMENT OF GRANT PROGRAM.
``(a) AUTHORIZATION.--The Secretary of Labor is authorized to provide grants to any qualified steel company for the purpose of assisting such company in making the qualified annual expenditure for the calendar year for which assistance is requested.
``(b) APPLICATION.--
``(1) IN GENERAL.--A qualified steel company may, not later than December 1 of the year prior to the calendar year for which assistance is requested, submit to the Secretary an application for a grant under this section.
``(2) CONTENTS.--An application for a grant under this section shall contain--
``(A) appropriate documentation of the company's qualified annual expenditure for the calendar year for which assistance is requested; and
``(B) such other information as the Secretary may require.
``(3) REVIEW AND APPROVAL.--Not later than 30 days after the receipt of an application under paragraph (1), the Secretary--
``(A) shall review the application and determine whether or not the application meets the requirements of paragraph (2); and
``(B) if the Secretary makes an affirmative determination under subparagraph (A), shall approve the application.
``(c) AMOUNT OF GRANT.--The amount of a grant provided to a qualified steel company under subsection (a) for a calendar year shall be equal to 80 percent of the qualified annual expenditure of the company for the calendar year..
``(d) MONTHLY PAYMENTS UNDER THE GRANT.--The Secretary shall make assistance payments on a monthly basis to an eligible company that provides in a form satisfactory to the Secretary documentation of so much of a qualified annual expenditure as is attributable to the previous month. Proper adjustments shall be made in amounts subsequently paid to the extent prior payments were in excess of or were less than the proper amount.
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``(e) DIRECT ASSISTANCE TO PARTICIPANTS AND BENEFICIARIES.--In the case of a qualified steel company that ceases operations as of any date on or after January 1, 2000, and that has retiree health care liability with respect to participants and beneficiaries under a covered retiree health plan at the time the company ceases operations, each such participant or beneficiary shall be eligible to receive assistance under this chapter to compensate for the inability of the company to satisfy such liability with respect to such participant or beneficiary. Such assistance shall be equal to the actuarial present value of such liability with respect to such participant or beneficiary as of the date the company ceases operations. The Secretary shall by regulation provide for the administration of such assistance, except that, to the extent that funds available under this chapter for providing assistance pursuant to this subsection are insufficient to provide for such assistance in full to all eligible participants and beneficiaries, the Secretary shall allocate such funds on a pro rata basis.
``SEC. 293. RECORDS.
``(a) IN GENERAL.--Each recipient of assistance under this chapter shall keep records which fully disclose the amount and disposition by such recipient of the assistance received which will facilitate an effective audit. The recipient shall also keep other records as the Secretary may prescribe.
``(b) ACCESS.--The Secretary and the Comptroller General of the United States shall have access for the purposes of audit and examination to any books, documents, papers, and records of the recipient pertaining to assistance received under this chapter.
``SEC. 294. PENALTIES.
``Whoever makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, or whoever willfully overvalues any obligation, for the purpose of obtaining money, property, or anything of value under this chapter, shall be fined not more than $5,000 or imprisoned for not more than 2 years, or both.
``SEC. 295. CIVIL ACTIONS.
``In providing financial assistance under this chapter the Secretary may sue and be sued in any court of record of a State having general jurisdiction or in any United States district court, and such jurisdiction is conferred upon such district court to determine such controversies without regard to the amount in controversy, but no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Secretary or Secretary's property. Nothing in this section shall be construed to except the activities pursuant to this chapter from the application of sections 516, 547, and 2679 of title 28 of the United States Code.
``SEC. 296. REGULATIONS.
``The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this chapter.
``SEC. 297. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to the Secretary to carry out this chapter $2,400,000,000 for the fiscal year 2002, of which--
``(1) $800,000,000 is authorized to be expended in calendar year 2002;
``(2) $800,000,000 is authorized to be expended in calendar year 2003; and
``(3) $800,000,000 is authorized to be expended in calendar year 2004.''.
(b) CONFORMING AMENDMENT.--The table of contents for title II of the Trade Act of 1974 is amended by inserting after the items relating to chapter 5 the following:
``Chapter 6--ADJUSTMENT ASSISTANCE FOR STEEL COMPANIES
``Sec..291..Definitions.
``Sec..292..Establishment of grant program.
``Sec..293..Records.
``Sec..294..Penalties.
``Sec..295..Civil actions.
``Sec..296..Regulations.
``Sec..297..Authorization of appropriations.''.
APPROPRIATION
SEC. __3. The following sums are appropriated out of any money in the Treasury not otherwise appopriated, for the Department of Labor, for the period comprising fiscal years 2002, 2003, 2004, and 2005, for purposes of carrying out the preceding provisions of this title (including the amendments made thereby), including the provision of adjustment assistance to qualified steel companies to meet qualified annual expenditures, the following: $2,400,000,000, of which $800,000,000 is available for obligation solely for calendar year 2002; of which $800,000,000 is available for obligation solely for calendar year 2003; and of which $800,000,000 is available for obligation solely for calendar year 2004: Provided, That of the amount made available for calendar year 2002, $5,000,000 shall be available for necessary expenses to administer this Act, to remain available for calendar years 2003 and 2004 until expended: Provided further, That the amounts appropriated under this section are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That such amounts shall be available only to the extent that an official budget request, that includes designation of the entire amount of the request as an emergency requirement as defined in the Balanced Budget and Emergency Deficit Control Act of 1985, is transmitted by the President to the Congress.
Mr. VISCLOSKY (during the reading). Mr. Chairman, I ask unanimous consent that the amendment be considered as read and printed in the RECORD.
The CHAIRMAN. Is there objection to the request of the gentleman from Indiana?
There was no objection.
Mr. ROGERS of Kentucky. Mr. Chairman, I reserve a point of order on the amendment.
The CHAIRMAN. The gentleman from Kentucky reserves a point of order.
Mr. ROGERS of Kentucky. Mr. Chairman, I ask unanimous consent that debate on this amendment and any amendments thereto be limited to 30 minutes, to be equally divided and controlled by the proponent and myself, the opponent.
The CHAIRMAN. Is there objection to the request of the gentleman from Kentucky?
Mr. VISCLOSKY. Mr. Chairman, reserving the right to object, I have no objection, but our preference is to have the gentleman from Pennsylvania (Mr. MURTHA), the ranking Democrat on the Subcommittee on Defense and former chairman of the Steel Caucus, control time on our side of the aisle on behalf of the amendment.
Mr. Chairman, I withdraw my reservation of objection.
The CHAIRMAN. Is there objection to the request of the gentleman from Kentucky?
Without objection, the gentleman from Pennsylvania (Mr. MURTHA) and the gentleman from Kentucky (Mr. ROGERS) each will control 15 minutes.
There was no objection.
Mr. MURTHA. Mr. Chairman, I yield 5 minutes to the gentleman from Indiana (Mr. VISCLOSKY).
Mr. VISCLOSKY. I thank the gentleman from Pennsylvania (Mr. MURTHA) for controlling time on this amendment.
Mr. Chairman, the amendment that I have before the House is the same amendment I offered in full committee 2 weeks ago and, that is, to provide $800 million a year for 3 years to provide assistance on the so-called legacy costs to the domestic steel industry to assist the industry in solving their problems as far as pension costs and health care for retirees, to allow the industry to save itself, to consolidate and to continue to melt steel in the United States of America.
Why am I and others offering this amendment today to this bill? Because it is a matter of utmost national defense. On August 26 of this year, President George Bush said, ``If you're worried about the security of the country and you become overreliant upon foreign sources of steel , it can easily affect the capacity of our military to be well supplied. Steel is an important jobs issue. It is also an important national security issue.''
But why should we today ask the American taxpayer to help a specific industry in this country? It is because they have been injured through no fault of their own by foreign interests. On June 22 of this year, Trade Ambassador Zoellick on behalf of President Bush initiated a section 201 investigation by the International Trade Commission into allegations that serious injury has occurred to the domestic steel industry because of illegally traded steel over the last some years. I would point out to my colleagues that this is the first presidentially initiated 201 investigation in the last 16 years.
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