September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7851 Jenkins Nunes Shays Watson Weiner Wu The Clerk read the title of the bill. Jones (NC) Nussle Sherwood Watt Wexler Wynn The CHAIRMAN pro tempore. Pursu- Keller Osborne Shimkus NOT VOTING—49 Kelly Ose Shuster ant to the rule, the bill is considered as Kennedy (MN) Otter Simmons Andrews Graves Pascrell having been read the first time. King (IA) Oxley Simpson Ballenger Greenwood Payne Under the rule, the gentleman from King (NY) Paul Bereuter Hinchey Smith (MI) Pickering Oklahoma (Mr. ISTOOK) and the gen- Kingston Pearce Smith (NJ) Berman Houghton Pombo Kirk Pence Smith (TX) Boehner Hyde Rangel tleman from Massachusetts (Mr. Kline Peterson (MN) Stearns Burton (IN) Janklow Regula OLVER) each will control 30 minutes. Knollenberg Peterson (PA) Sullivan Camp John Rodriguez The Chair recognizes the gentleman Kolbe Petri Sweeney Carter Johnson (CT) Roybal-Allard LaHood Pitts Deal (GA) Johnson, Sam from Oklahoma (Mr. ISTOOK). Tancredo Ryun (KS) Latham Platts DeGette Jones (OH) Mr. ISTOOK. Mr. Chairman, I yield Tauzin Souder Leach Porter Delahunt Kucinich myself such time as I may consume. Taylor (NC) Stark Lewis (CA) Portman Terry DeMint LaTourette Mr. Chairman, I am pleased to Lewis (KY) Pryce (OH) Dooley (CA) McCarthy (NY) Van Hollen Thomas Linder Putnam Emerson Miller, George Waxman present the Departments of Transpor- Thornberry LoBiondo Quinn Engel Myrick Woolsey tation, Treasury, and independent Tiahrt Lucas (OK) Radanovich Fattah Nadler Young (AK) Tiberi agencies appropriations bill for fiscal Lynch Rahall Gephardt Norwood Toomey year 2004. Because of the reorganiza- Manzullo Ramstad McCotter Rehberg Turner (OH) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tion of the Committee on Appropria- McCrery Renzi Udall (CO) The SPEAKER pro tempore (Mr. tions, this is an entirely new arrange- Upton McHugh Reynolds SIMPSON) (during the vote). Members ment for the form in which these agen- McInnis Rogers (AL) Vitter McKeon Rogers (KY) Walden (OR) are advised 2 minutes remain in this cies are presented to the House. In this Mica Rogers (MI) Walsh vote. bill, many of the historical programs Wamp Miller (FL) Rohrabacher b 1201 that were part of the Transportation Miller (MI) Ros-Lehtinen Weldon (FL) Department and the Treasury Depart- Miller, Gary Royce Weldon (PA) Messrs. COBLE, DICKS, FRANK of Weller ment were merged with the new De- Moran (KS) Ryan (WI) Massachusetts, RUSH, SPRATT, Ms. Murphy Saxton Whitfield partment of Homeland Security, and Musgrave Schrock Wicker WATERS, and Mr. WYNN changed then the remaining programs have now Nethercutt Sensenbrenner Wilson (NM) their vote from ‘‘aye’’ to ‘‘no.’’ Neugebauer Sessions Wilson (SC) been combined in this legislative pack- Messrs. LEWIS of California, age with the appropriations for agen- Ney Shadegg Wolf SAXTON, TANCREDO, THOMAS, and Northup Shaw Young (FL) cies such as the General Services Ad- WALDEN of Oregon changed their vote ministration, the Office of Personnel NOES—180 from ‘‘no’’ to ‘‘aye.’’ Management, the White House, the Ex- So the motion to table was agreed to. Abercrombie Gonzalez Michaud ecutive Office of the President, the Of- Ackerman Gordon Millender- The result of the vote was announced fice of Management and Budget and Alexander Green (TX) McDonald as above recorded. Allen Grijalva Miller (NC) Stated for: other critical agencies which are, at Baca Gutierrez Mollohan Mr. BEREUTER. Mr. Speaker, on Sep- times, dissimilar in their functions, Baird Hall Moore however. Baldwin Harman Moran (VA) tember 4, 2003, this Member unavoidably As a result, in putting together this Ballance Hastings (FL) Murtha missed rollcall vote No. 465. Because this was Becerra Hill Napolitano bill we have made budget trade-offs a 5-minute vote, in contrast to the normal Bell Hinojosa Neal (MA) that previously were not made by this practice of 15 minutes employed on the floor Berkley Hoeffel Oberstar particular subcommittee. We have Berry Holden Obey when votes are not predicted, this Member re- merged Members of Congress and com- Bishop (GA) Holt Olver turned to Committee and was unaware that Bishop (NY) Honda Ortiz mittee staff from two former sub- the normal practice was not pursued. Several Blumenauer Hooley (OR) Owens committees, and accomplishing the Boswell Hoyer Pallone other Members were in the same position. production of a $90 billion bill only a Boucher Inslee Pastor Had this Member been present, this Member Boyd Israel Pelosi few months into that task has been a would have voted ‘‘aye’’ on this procedural Brady (PA) Jackson (IL) Pomeroy Herculean task. Fortunately, we have vote to table the motion to reconsider the pre- Brown (OH) Jackson-Lee Price (NC) been blessed with good people, good Brown, Corrine (TX) Reyes vious vote. Capps Jefferson Ross Members, such as the ranking member, Capuano Johnson (IL) Rothman f the gentleman from Massachusetts Cardin Johnson, E. B. Ruppersberger TRANSPORTATION, TREASURY, (Mr. OLVER), Mr. ETHERIDGE and other Cardoza Kanjorski Rush Carson (IN) Kaptur Ryan (OH) AND INDEPENDENT AGENCIES staff that I will recognize later for Carson (OK) Kennedy (RI) Sabo APPROPRIATIONS ACT, 2004 their role in this bill. Case Kildee Sanchez, Linda The SPEAKER pro tempore. Pursu- But I believe we have produced a Clay Kilpatrick T. good product for the House. We have Clyburn Kind Sanchez, Loretta ant to House Resolution 351 and rule Coble Kleczka Sanders XVIII, the Chair declares the House in had a lot of learning, many hearings, Conyers Lampson Sandlin the Committee of the Whole House on and the members of the subcommittee Cooper Langevin Schakowsky have shown enormous dedication to Costello Lantos Schiff the State of the Union for the consider- Cramer Larsen (WA) Scott (GA) ation of the bill, H.R. 2989. produce this bill. I believe this is a Crowley Larson (CT) Scott (VA) The Chair designates the gentleman very good and solid bill. In most re- Cummings Lee Serrano from California (Mr. DREIER) as Chair- spects, it matches the budget request Davis (AL) Levin Sherman and the priorities of the President, and Davis (CA) Lewis (GA) Skelton man of the Committee of the Whole, Davis (FL) Lipinski Slaughter and requests the gentleman from Vir- makes some significant improvements Davis (IL) Lofgren Smith (WA) ginia (Mr. GOODLATTE) to assume the along the way. Davis (TN) Lowey Snyder chair temporarily. In particular, I am pleased that by DeFazio Lucas (KY) Solis exercising great discipline in a number DeLauro Majette Spratt b 1202 Deutsch Maloney Stenholm of areas, we are able to do more than Dicks Markey Strickland IN THE COMMITTEE OF THE WHOLE the President anticipated for investing Dingell Marshall Stupak Accordingly, the House resolved in the Nation’s highways. The budget, Doggett Matheson Tanner Doyle Matsui Tauscher itself into the Committee of the Whole unfortunately, due to downward move- Edwards McCarthy (MO) Taylor (MS) House on the State of the Union for the ment in the Highway Trust Fund rev- Emanuel McCollum Thompson (CA) consideration of the bill (H.R. 2989) enue, proposed an 8 percent reduction Eshoo McDermott Thompson (MS) Etheridge McGovern Tierney making appropriations for the Depart- in funding for Federal aid to highways. Evans McIntyre Towns ments of Transportation and Treasury, Thanks to the discipline we have exer- Farr McNulty Turner (TX) and independent agencies for the fiscal cised in other areas, this bill instead Filner Meehan Udall (NM) year ending September 30, 2004, and for provides a 7 percent increase. So it is Ford Meek (FL) Velazquez Frank (MA) Meeks (NY) Visclosky other purposes, with Mr. GOODLATTE $4.5 billion more than the President’s Frost Menendez Waters (Chairman pro tempore) in the chair. request expected we would be able to

VerDate jul 14 2003 02:15 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.005 H04PT1 H7852 CONGRESSIONAL RECORD — HOUSE September 4, 2003 do, and some $2.2 billion more than money to do. It would be nice, but we rail systems, not by Amtrak. Amtrak Federal aid to highways during the do not have the luxury of doing things is not synonymous with the railroads current fiscal year. that we could in times of rising reve- of America. Amtrak is not synonymous That money is excellent and signifi- nues. with rail passenger service. cant news for America’s economy, be- While increasing funds for highway Reform legislation is pending before cause each $1 billion of highway invest- investment, we had to hold down other the Congress with Amtrak, but it has ment creates some 40,000 jobs. So com- increases. For the Department of the not been acted on by the authorizing pared to the current year’s funding, Treasury, the FAA, the Federal Avia- committees. Until that happens, I be- this bill will add another 88,000 jobs tion Administration, the Office of Per- lieve it would be folly to provide huge across the country in highway con- sonnel Management, we, by necessity, increases for this railroad that has not struction alone. Compared to what we have provided cost-of-living increases kept up its commitments, that has not expected we would be able to produce and other mandatory expenses that are been honest with the American people. this year, this bill will add some 200,000 about 4 to 5 percent increases for those We should not be swayed by their jobs across the country. agencies, but the Executive Office of claims that they would go out of busi- That is good news also for the mil- the President and others have only a 1 ness unless they receive another $1.8 lions of motorists that are stuck in percent increase. We are exercising the billion. They have tried to make that traffic congestion. According to the fiscal restraint which is necessary. case by adopting poison-pill policies U.S. Department of Transportation, I do want to express special apprecia- saying, oh, we have all these hundreds America has unprecedented and wors- tion, of course, to everyone that has of millions of dollars in severance pay ening levels of highway congestion. In made it possible in making these tough that we have agreed to to make it a urban areas, the largest urban areas decisions. The gentleman from Massa- poison pill, to keep people from mak- that have 3 million people or more, 40 chusetts (Mr. OLVER) I have singled out ing the serious decisions that need to percent of the travel every day is under previously. He has been tough, but fair, be made for Amtrak. congested conditions. It costs the econ- in presenting his priorities. His input Even they admit that most of their omy billions of dollars with lost pro- and advice have been invaluable, and request is not needed for next year’s ductivity because of workers that are our work is the better for his contribu- operating bills. They want taxpayer stuck in traffic. The backlog of high- tion. money for their long-term capital in- way and bridge deficiencies continues I want to thank the chairman of the vestments because they have handled to rise. There is now over $325 billion, full committee, the gentleman from their system so poorly they find it dif- according to the Federal Highway Ad- Florida (Mr. YOUNG), for his fair and ficult to attract private dollars. We ministration, and some $400 billion, ac- generous allotment to our sub- should not accept their ‘‘sky is falling, cording to other Department of Trans- committee. Chicken Little’’ arguments. This bill is portation sources, in unaddressed high- Let me make sure that I also address more than fair to Amtrak and would be way construction needs in the United a couple of areas that I know will be sufficient, more than sufficient, to States of America. part of the debate on this bill. Let us meet the really important parts of We have to get America to work and look at Amtrak. their operating needs. move goods to market, and this bill The bill includes $900 million for Am- Let me also address what will be an- seeks to do that. No other form of trak. Some will say that is not enough. other part of the debate on this bill, transportation offers the flexibility Well, that is because Amtrak says they Mr. Chairman, the Federal Highway and the ability to move large numbers wanted twice as much. But, keep in Transportation Enhancements Pro- that our road network offers. Well over mind, Amtrak is not a Federal agency. gram. Several Members expressed con- 90 percent of the vehicle miles traveled They are in a special status, a special cern about the program and, because of in the United States today take place private situation. They can ask for that, the approach that was taken by on the highway. That is the way we whatever they want, but their requests the full Committee on Appropriations move, that is the way that goods get to have not gone through the same budget is to say that transportation enhance- market, it is the way emergency vehi- and vetting process as has been the ments are a program that States are cles and public safety vehicles are able case with the other agencies that have permitted to spend money on with to move. requested money. their allocation of Federal highway We have to address the critical prob- Amtrak’s request did not go through dollars, but we will no longer force lem of highway infrastructure to get the Office of Management and Budget. them to spend money on bike paths or America moving again. This bill seeks It was not balanced against other pedestrian paths if they have higher to do that in a very significant way, transportation priorities. It was a re- priorities for their bridges that are un- but without any increases in taxes or quest of what they said they want. safe, as thousands of bridges are, or in revenue. Their desires are transmitted directly their roads that are unsafe, as thou- While the needs go up, Mr. Chairman, to the Congress. But the administra- sands of miles of roads are, or their our ability to respond to them has been tion does not support the large request congestion problems. threatened by the tightness of the that came from Amtrak, and neither budget. There has been a dramatic de- do I. b 1215 cline in highway gasoline tax revenues. As the Secretary of Transportation, This is a decision affecting some $600 Gas tax receipts put into the highway Mr. Mineta, stated in a letter that he million a year, Mr. Chairman. I trust account of the trust funds went down wrote to me recently, and I quote the the States to make their decision. Is it almost $6 billion between 1999 and 2002. Secretary, ‘‘The problems at Amtrak of greater importance to the people in We do not expect them to return to the simply will not go away with a more their State and in their community to 1999 level until the year 2008. That is liberal application of dollars.’’ move a small number of people, to why the tough decisions that we have We are at a defining moment in the make a pedestrian path available or to made and the priorities we have set in Amtrak history, where we can go down move a large number of people and en- this bill are so important to work on the road of binding them to reform and hance their workforce and economic that backlog in a time of limited re- making tough decisions on where it development and productivity by re- sources. makes sense for Amtrak to operate and lieving congestion where they find it? I At the same time, there are increas- where it does not, or we can just throw trust States to make that decision. ing pressures on the general fund due money at the problem, money that we The bill permits them to offer an to Homeland Security and national de- do not have and that will move mil- amendment I know will be offered to fense priorities. We are trying to be fis- lions more people if that money is ap- try to say no, they must spend 10 per- cally responsible and use this money plied elsewhere. cent of their surface transportation more wisely and set tough priorities We should understand that of all the dollars which comes from highway among many competing demands. We rail passengers in the country, only 5 users, which comes from gasoline will hear many Members talk about percent or less are moved by Amtrak. taxes; but they must spend it on things things that they wish we had the Most of them are moved by commuter that do not help move the traffic and

VerDate jul 14 2003 00:26 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.027 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7853 do not help do the work and the busi- Mr. OLVER. Mr. Chairman, I do. Hayworth McInnis Ryan (WI) Hefley McKeon Ryun (KS) ness of America. The Transportation The CHAIRMAN pro tempore. The Hensarling McNulty Sanchez, Loretta Enhancement Program funds transpor- question is on the motion to rise of- Herger Meek (FL) Saxton tation museums, for example, at the fered by the gentleman from Wisconsin Hobson Menendez Schiff Hoeffel Michaud Schrock expense of the thousands of unsafe (Mr. OBEY). Hoekstra Miller (FL) Scott (GA) bridges that each of us have a portion The question was taken; and the Holden Miller (MI) Scott (VA) of in our district. Chairman pro tempore announced that Honda Miller, Gary Sensenbrenner So I look forward to what I hope will the noes appeared to have it. Hostettler Mollohan Serrano be a fair and honest and elucidating de- Houghton Moore Sessions bate on that particular topic. And it RECORDED VOTE Hulshof Moran (KS) Shadegg Mr. OBEY. Mr. Chairman, I demand a Hunter Murphy Shaw will be of interest, Mr. Chairman, to Inslee Murtha Shays know how many Members who tell me recorded vote. Isakson Musgrave Sherman sometimes, oh, I need money for a A recorded vote was ordered. Israel Myrick Sherwood The vote was taken by electronic de- Issa Nethercutt Shimkus highway project in my district, but if Istook Neugebauer Shuster they vote today to say no it is more vice, and there were—ayes 100, noes 298, Jackson (IL) Ney Simmons important to me to take money out of not voting 36, as follows: Jackson-Lee Northup Simpson my highways and put into things that (TX) Norwood Skelton [Roll No. 466] Jenkins Nunes Smith (MI) do not relieve the congestion and meet AYES—100 Johnson (CT) Nussle Smith (NJ) the transportation needs of the coun- Johnson (IL) Osborne Smith (TX) Ackerman Hill Nadler Johnson, Sam Ose Souder tries, then I will understand what their Alexander Hinchey Napolitano Jones (NC) Otter Stearns true priorities are. We need to make Andrews Hinojosa Neal (MA) Kanjorski Owens Strickland Baca Holt Oberstar those important decisions. Keller Oxley Sullivan Baird Hooley (OR) Obey There is one final area of the bill Kelly Pascrell Sweeney Baldwin Hoyer Olver Kennedy (MN) Pastor Tancredo that I want to make clear because I Becerra Jefferson Pallone King (IA) Paul Tauscher have talked mostly about transpor- Bell Johnson, E. B. Pelosi King (NY) Pearce Tauzin Berkley Kaptur Pomeroy tation. The Department of Treasury is Kingston Pence Taylor (MS) Berry Kennedy (RI) Ross in this bill. It provides critical con- Kirk Peterson (MN) Taylor (NC) Bishop (GA) Kildee Rothman Kline Peterson (PA) Terry tributions to the war on terrorism. It is Bishop (NY) Kilpatrick Ryan (OH) Knollenberg Petri Thomas Brown (OH) Kind Sabo more than just the agency that houses Kolbe Pitts Thompson (CA) Capuano Kleczka Sanchez, Linda the Internal Revenue Service. For ex- LaHood Platts Thornberry Carson (IN) Lampson T. Latham Pombo Tiahrt ample, the bill provides several million Carson (OK) Langevin Sandlin Leach Porter Tiberi dollars above the President’s request Case Lantos Schakowsky Levin Portman Toomey Clay Larsen (WA) Snyder for stronger involvement on the Treas- Lewis (CA) Price (NC) Turner (OH) Clyburn Larson (CT) Solis ury Department and international af- Lewis (KY) Pryce (OH) Turner (TX) Conyers Lee Spratt Linder Putnam Udall (NM) fairs, including technical advisors for Cooper Lewis (GA) Stark LoBiondo Quinn Upton rebuilding the currency bank and fi- Crowley Lipinski Stenholm Lofgren Radanovich Visclosky Cummings Majette Stupak nancial systems in Iraq. The Treasury Lowey Rahall Vitter DeLauro Maloney Tanner Department has a crucial role, which Lucas (KY) Ramstad Walden (OR) Deutsch Markey Thompson (MS) Lucas (OK) Rehberg Walsh we fund under this bill, to stop the Doggett McGovern Tierney Lynch Renzi Wamp Evans McIntyre Towns money trafficking that is funding ter- Manzullo Reyes Weiner Farr Meehan Udall (CO) rorist activity around the globe. It in- Marshall Reynolds Weldon (FL) Filner Meeks (NY) Van Hollen Matheson Rogers (AL) Weldon (PA) cludes $2.3 million more for the new of- Frank (MA) Millender- Velazquez Matsui Rogers (KY) Weller fice of terrorist financing and financial Frost McDonald Waters McCarthy (MO) Rogers (MI) Whitfield Grijalva Miller (NC) Watson crimes, another $5.3 million for the IRS McCarthy (NY) Rohrabacher Wicker Hall Miller, George Watt for counterterrorism activities, and 21, McCollum Ros-Lehtinen Wilson (NM) Hastings (FL) Moran (VA) Wynn almost 22, million dollars for the Office McCotter Royce Wilson (SC) of Foreign Assets Control, which is re- NOES—298 McCrery Ruppersberger Wolf McDermott Rush Wu sponsible for freezing the assets of ter- Abercrombie Buyer Edwards rorist organizations, and some $57 mil- Aderholt Calvert Ehlers NOT VOTING—36 Akin Camp Emanuel Brown, Corrine Graves Rangel lion for the financial crimes enforce- Allen Cantor Emerson ment network. Cannon Hyde Regula Bachus Capito English Deal (GA) Janklow Rodriguez All of these are important elements Baker Capps Eshoo DeGette John Roybal-Allard of the war on terrorism. We fund each Ballance Cardin Etheridge Delahunt Jones (OH) Sanders of them at or above the administra- Ballenger Cardoza Everett DeLay Kucinich Slaughter Barrett (SC) Carter Feeney tion’s request in our bill. DeMint LaTourette Smith (WA) Bartlett (MD) Castle Ferguson Dooley (CA) McHugh Waxman In conclusion, Mr. Chairman, I be- Barton (TX) Chabot Flake Engel Mica Wexler lieve this bill is fair and it is balanced. Bass Chocola Fletcher Fattah Ortiz Woolsey It provides for the major needs for the Beauprez Coble Foley Gephardt Payne Young (AK) Bereuter Cole Forbes Gonzalez Pickering Young (FL) Departments of Transportation and Berman Collins Ford Treasury and the other independent Biggert Costello Fossella b 1240 agencies, such as the GSA, all within Bilirakis Cox Franks (AZ) Bishop (UT) Cramer Frelinghuysen Messrs. FLAKE, GALLEGLY, the tight constraints of our budget. We Blackburn Crane Gallegly THOMPSON of California and have developed the bill in consultation Blumenauer Crenshaw Garrett (NJ) GINGREY changed their vote from with the minority and with each of the Blunt Cubin Gerlach ‘‘aye’’ to ‘‘no.’’ staffs involved. I support the bill Boehlert Culberson Gibbons Boehner Cunningham Gilchrest Mr. HOYER changed his vote from wholeheartedly, and I ask for the sup- Bonilla Davis (AL) Gillmor ‘‘no’’ to ‘‘aye.’’ port of each Member. Bonner Davis (CA) Gingrey So the motion was rejected. Mr. Chairman, I reserve the balance Bono Davis (FL) Goode The result of the vote was announced of my time. Boozman Davis (IL) Goodlatte as above recorded. Boswell Davis (TN) Gordon Mr. OLVER. Mr. Chairman, I yield 10 Boucher Davis, Jo Ann Goss Mr. OLVER. Mr. Chairman, I yield seconds to the gentleman from Wis- Boyd Davis, Tom Granger myself such time as I may consume. consin (Mr. OBEY). Bradley (NH) DeFazio Green (TX) Mr. Chairman, I want to thank the Brady (PA) Diaz-Balart, L. Green (WI) PREFERENTIAL MOTION OFFERED BY MR. OBEY gentleman from Oklahoma (Chairman Brady (TX) Diaz-Balart, M. Greenwood Mr. OBEY. Mr. Chairman, I move the Brown (SC) Dicks Gutierrez ISTOOK) for working so hard to get this Committee do now rise. Brown-Waite, Dingell Gutknecht bill to the floor. I think it has been a The CHAIRMAN pro tempore (Mr. Ginny Doolittle Harman more difficult task than many of us be- GOODLATTE). Does the gentleman from Burgess Doyle Harris lieve, but I also want to take a moment Burns Dreier Hart Massachusetts (Mr. OLVER) yield for Burr Duncan Hastings (WA) to thank the staff on both sides of the that purpose? Burton (IN) Dunn Hayes aisle for their hard work on this bill.

VerDate jul 14 2003 00:26 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.029 H04PT1 H7854 CONGRESSIONAL RECORD — HOUSE September 4, 2003 On the majority side, I want to rec- The bill only provides $900 million for and a proud graduate of Pittsfield High School ognize our clerk, Rich Efford, and Amtrak, pushing them to the brink of and then the University of Massachusetts at Cheryle Tucker, Leigha Shaw, Kurt a shutdown, despite the fact that 220 Amherst, Bob has been real home-grown suc- Dodd, Walter Hearne and Bill Nichol- Members of this body sent a letter to cess story and an invaluable staffer in my or- son. the Committee on Appropriations sup- ganization. The opportunity presented by the On the minority side, I particularly porting Amtrak’s request for $1.8 bil- Mansfield fellowship, however, is a great one, want to thank Mike Malone and Bev- lion. I also will offer an amendment to and I know Bob will represent our Nation in erly Pheto from the committee staff restore funding for Amtrak. outstanding fashion. and Bob Letteney and Rob Gatehouse Transit programs are still woefully Bob, thank you for your years of hard work from my personal staff. underfunded. The New Starts transit in my office, and I wish you the best of luck I want to pay a special recognition account is still $300 million below the in Japan and beyond. and thanks to my legislative director, President’s request for the New Starts Mr. Chairman, I reserve the balance Bob Letteney, who has been a member program. of my time. of my staff since 1997. He has handled Job access and reverse commute Mr. ISTOOK. Mr. Chairman, I yield transportation appropriations issues on grants are cut by $64 million from last myself such time as I may consume to my personal staff for the last several year’s enacted bill. These funds help engage in a colloquy with the gen- years, but Bob is one of a handful of low-income families in rural and urban tleman from Virginia (Mr. CANTOR). Federal employees selected this year as areas get rides to work, school and Mr. CANTOR. Mr. Chairman, will the a Mike Mansfield fellow, and that health care appointments. gentleman yield? Mr. ISTOOK. I yield to the gen- unique program named for the former For the FAA, funds are not provided tleman from Virginia. Senate majority leader and Ambas- as requested by the President to begin sador to Japan places Federal workers Mr. CANTOR. Mr. Chairman, I rise to hiring additional air traffic controllers engage in a colloquy with Chairman in targeted Japanese Government in advance of an imminent wave of re- ISTOOK regarding the Transportation/ agencies where an exchange of knowl- tirements. edge would be beneficial to both coun- Treasury appropriation bill about the And on the Treasury side of the bill, importance of funding the Richmond tries. It is an honor to be chosen for a $100 million is included to implement Mansfield fellowship, and the program Federal courthouse. This courthouse an earned income tax credit project is very important to my con- directors could not have selected a bet- precertification program that would ter candidate than Bob Letteney. So I stituents and will be critical to the subject four million working poor to economic revitalization of downtown thank Bob for his years of hard work in additional burdens each year and drive my office, and I wish him the best of Richmond. many of them away from the program The Richmond courthouse project luck in Japan and beyond. which former President Ronald Reagan Mr. Chairman, as I said, this has been has received a very high ranking from called our most effective program to the Administrative Office of the Courts a long road to get this bill to the floor, reduce poverty. and I appreciate the chairman working and is number two on its list of court- This bill also contains no funding for house construction projects. with us to make substantial changes to Federal courthouse construction at a the original subcommittee mark. Mr. ISTOOK. Mr. Chairman, reclaim- time when we already face a signifi- ing my time, I appreciate the oppor- Among other things, during full com- cant backlog of construction and ren- mittee, money was added back for tunity to share my thoughts on the ovation needs, and this will certainly rural communities that rely on essen- matter with the gentleman from Vir- make the situation worse. ginia (Mr. CANTOR). I am very much tial air service programs. On the floor today and in conference, In full committee we also increased aware of the need to fund the Rich- I hope we will be able to rectify some funding for new starts transit projects mond Federal courthouse. I am con- of these problems and have strong bi- and added some money, though not cerned, of course, about the funding nearly enough, to the Amtrak pro- partisan support for the end product of needs for all of the Nation’s court- gram. those deliberations. houses. The bill also obligates over $33 bil- I want to pay special recognition and thanks As the gentleman is aware, due to lion, of course this is a major nut of to my Legislative Director, Bob Letteney, who budget limitations, we have not pro- funding in this appropriations bill, for has been a member of my Washington staff vided funding for any new courthouse the Nation’s highway program, and since 1997. construction in this bill, but I would that is the largest, obviously, piece in Bob started with me as a Staff Assistant like to be helpful to him and to his this whole legislation. Each billion will and worked his way all the way up to Legisla- constituents, and I am looking for the create some 45,000 new jobs. Yet we tive Director. He has handled transportation necessary funds to finance courthouse still have a long way to go to get what appropriations issues on my personal staff for construction projects, including the I would consider a balanced Transpor- the last several years. Richmond Federal courthouse. I under- tation Treasury bill. Bob is one of a handful of federal employ- stand the importance of it to the Fed- The bill cripples the enhancement ees selected this year as a Mike Mansfield fel- eral Judiciary and that it is a critical program by eliminating the minimum low. element of the revitalization of down- authorized guarantee for enhancements This unique program, named for the former town Richmond. that has been in effect for the 12 years Senate Majority Leader and Ambassador to Mr. CANTOR. Mr. Chairman, if the of the ISTEA and TEA–21 authoriza- Japan, places federal workers in targeted Jap- gentleman will continue to yield, I tions that were established by over- anese government agencies where an ex- want to thank him for his continued whelming votes of this Congress. change of knowledge would be beneficial to commitment to addressing the funding both countries. The federal workers selected of the Federal courthouse in Rich- b 1245 as fellows study Japanese language and cul- mond. The Federal courthouse will re- Enhancements include bike trails, tural intensively for the first year of a two-year vitalize downtown Richmond and pro- pedestrian walkways, and money for program, and after that are placed in a Tokyo vide a critical link between the con- historic preservation. They are vital agency appropriate for their background and vention center area and Capital components of the transportation sys- professional interests. Square. tem and enhance the fabric of our local It’s an honor to be chosen for a Mansfield I have heard from many leaders in communities. The chairman of the fellowship, and the program directors couldn’t the City of Richmond about the neces- Subcommittee on Highways and Tran- have selected a better candidate than Bob sity for funding this project, and I sit and Pipelines of the Committee on Letteney. I understand Bob wants to be placed agree construction of the Federal Transportation and Infrastructure, the in a rail transportation agency, and this is courthouse is long overdue. gentleman from Wisconsin (Mr. PETRI), clearly a critical area for the U.S. over the next Again, I want to thank the chairman along with me and a large bipartisan decade. for his leadership and look forward to group of Members, will have an amend- So it will be with mixed emotions that I say working with him on this program. ment to preserve that enhancement ‘‘goodbye’’ to Bob on his last day in my office Mr. HOYER. Mr. Chairman, will the program. next week. A Pittsfield, Massachusetts native gentleman yield?

VerDate jul 14 2003 00:26 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.032 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7855 Mr. ISTOOK. I yield to the gen- Miller, George Rothman Stark Sherwood Tauscher Walden (OR) tleman from Maryland. Moran (VA) Rush Stenholm Shimkus Tauzin Walsh Nadler Ryan (OH) Stupak Shuster Taylor (MS) Wamp Mr. HOYER. Mr. Chairman, I thank Napolitano Sabo Tanner Simmons Taylor (NC) Watt the gentleman from Oklahoma for Neal (MA) Sanchez, Loretta Thompson (MS) Simpson Terry Weiner yielding to me, and I want to say that Oberstar Sanders Tierney Skelton Thomas Weldon (FL) Obey Sandlin Towns Smith (MI) Thompson (CA) I agree with the gentleman’s comments Weldon (PA) Olver Schakowsky Udall (CO) Smith (NJ) Thornberry Weller Smith (TX) Tiahrt with respect to the Richmond court- Pallone Scott (GA) Van Hollen Whitfield Pascrell Slaughter Velazquez Smith (WA) Tiberi house. Wicker Pelosi Snyder Waters Souder Toomey Wilson (NM) I might add, however, and I think the Pomeroy Solis Watson Spratt Turner (OH) chairman hopefully shares this view, Stearns Turner (TX) Wilson (SC) that the Los Angeles courthouse and NOES—302 Strickland Udall (NM) Wolf Wu others are on the priority list. As the Sullivan Upton Abercrombie Eshoo Lucas (KY) Sweeney Visclosky Wynn gentleman knows, this committee has Aderholt Etheridge Lucas (OK) Tancredo Vitter Young (FL) followed not a political agenda with re- Akin Everett Lynch Allen Fattah Majette ANSWERED ‘‘PRESENT’’—1 spect to the funding of courthouses, Baca Feeney Maloney DeFazio but the court’s determination of the Bachus Ferguson Manzullo most-needed facilities, of which Rich- Baker Flake Marshall NOT VOTING—42 Ballance Fletcher Matheson mond, as the gentleman pointed out, Andrews Gonzalez Nussle Ballenger Foley McCarthy (MO) Boucher Graves Ortiz comes very high. Barrett (SC) Forbes McCarthy (NY) Brown, Corrine Gutierrez Oxley Bartlett (MD) Ford McCollum I would hope the gentleman would Camp Honda Payne Barton (TX) Fossella McCotter join in urging the administration and Carson (OK) Hunter Pickering Bass Franks (AZ) McCrery Clay Hyde Rangel urging the Congress to again start Beauprez Frelinghuysen McInnis Conyers Janklow Regula funding courthouses. If we do not, we Bell Gallegly McIntyre DeGette John Reynolds Bereuter Garrett (NJ) McKeon are going to see the administration of DeMint Johnson, Sam Rodriguez Berman Gerlach Meek (FL) Dingell Kucinich Roybal-Allard justice put at risk in many of the high- Biggert Gibbons Menendez Dooley (CA) LaTourette Waxman est demand areas in the country. So I Bilirakis Gilchrest Mica Doyle Matsui Wexler Bishop (UT) Gillmor Michaud appreciate the gentleman’s comments Engel McHugh Woolsey Blackburn Gingrey Miller (FL) about Richmond, but it applies as well Gephardt Meeks (NY) Young (AK) Blumenauer Goode Miller (MI) to many other jurisdictions. Blunt Goodlatte Miller, Gary b 1312 Mr. ISTOOK. Reclaiming my time, Boehlert Gordon Mollohan Mr. Chairman, I thank the gentleman Boehner Goss Moore Messrs. GALLEGLY, SWEENEY, Bonilla Granger Moran (KS) KINGSTON and Mrs. EMERSON for his comments. Bonner Green (TX) Murphy Mr. Chairman, I reserve the balance Bono Green (WI) Murtha changed their vote from ‘‘aye’’ to ‘‘no.’’ of my time. Boozman Greenwood Musgrave So the motion was rejected. Mr. OLVER. Mr. Chairman, I yield 10 Boswell Gutknecht Myrick The result of the vote was announced Boyd Hall Nethercutt as above recorded. seconds to the gentleman from Wis- Bradley (NH) Harman Neugebauer consin (Mr. OBEY). Brady (PA) Harris Ney Mr. ISTOOK. Mr. Chairman, I yield Brady (TX) Hart Northup myself such time as I may consume for PREFERENTIAL MOTION OFFERED BY MR. OBEY Brown (SC) Hastings (WA) Norwood the purpose of a colloquy with the gen- Mr. OBEY. Mr. Chairman, I move Brown-Waite, Hayes Nunes tleman from Florida (Mr. GOSS). that the Committee do now rise. Ginny Hayworth Osborne Burgess Hefley Ose Mr. GOSS. Mr. Chairman, will the The CHAIRMAN. Does the gentleman Burns Hensarling Otter gentleman yield? from Massachusetts (Mr. OLVER) yield Burr Herger Owens Mr. ISTOOK. I yield to the gen- to the gentleman from Wisconsin for Burton (IN) Hill Pastor tleman from Florida. that purpose? Buyer Hinchey Paul Calvert Hobson Pearce Mr. GOSS. Mr. Chairman, I thank the Mr. OLVER. I do. Cannon Hoeffel Pence gentleman for an opportunity to speak The CHAIRMAN. The question is on Cantor Hoekstra Peterson (MN) on behalf of a project very important the motion offered by the gentleman Capito Holden Peterson (PA) Capps Hooley (OR) Petri to motorists, to commerce, and to the from Wisconsin (Mr. OBEY) that the Cardin Hostettler Pitts well-being of millions of residents and Committee do now rise. Cardoza Houghton Platts visitors to southwest Florida. The question was taken; and the Carter Hulshof Pombo Case Inslee Porter As a great number of my colleagues Chairman announced that the noes ap- Castle Isakson Portman and their families know, there has been peared to have it. Chabot Israel Price (NC) a steady and dramatic increase in the Chocola Issa Pryce (OH) RECORDED VOTE population in the southwest Florida Coble Istook Putnam Mr. OBEY. Mr. Chairman, I demand a Cole Jackson-Lee Quinn area. recorded vote. Collins (TX) Radanovich b 1315 A recorded vote was ordered. Costello Jefferson Rahall Cox Jenkins Ramstad The vote was taken by electronic de- This growth is indeed welcome. It is Cramer Johnson (CT) Rehberg reflective of a robust economy and a vice, and there were—ayes 89, noes 302, Crane Johnson (IL) Renzi answered ‘‘present’’ 1, not voting 42, as Crenshaw Jones (NC) Reyes wonderful quality of life, but it has follows: Cubin Kanjorski Rogers (AL) contributed to the serious congestion Culberson Keller Rogers (KY) of our only interstate, I–75. [Roll No. 467] Cummings Kelly Rogers (MI) Cunningham Kennedy (MN) Rohrabacher We have requested funds that would AYES—89 Davis (AL) Kildee Ros-Lehtinen widen the forgotten section of I–75, as Ackerman Deutsch Kilpatrick Davis (CA) King (IA) Ross we refer to it. It is a section that Alexander Doggett Kind Davis (FL) King (NY) Royce Baird Emanuel Kleczka Davis (IL) Kingston Ruppersberger serves our State university and our Baldwin Evans Lampson Davis, Jo Ann Kirk Ryan (WI) international airport, to say nothing of Becerra Farr Langevin Davis, Tom Kline Ryun (KS) the daily traffic of commuters and visi- Berkley Filner Larsen (WA) Deal (GA) Knollenberg Sanchez, Linda tors. Berry Frank (MA) Larson (CT) DeLay Kolbe T. Bishop (GA) Frost Lee Diaz-Balart, L. LaHood Saxton The current level of project funding Bishop (NY) Grijalva Lewis (GA) Diaz-Balart, M. Lantos Schiff contained in this act is very helpful Brown (OH) Hastings (FL) Lofgren Dicks Latham Schrock and we are grateful, but it does not Capuano Hinojosa Markey Doolittle Leach Scott (VA) Carson (IN) Holt McDermott Dreier Levin Sensenbrenner allow for the full solution to our con- Clyburn Hoyer McGovern Duncan Lewis (CA) Serrano gestion problem. Cooper Jackson (IL) McNulty Dunn Lewis (KY) Sessions It is for this reason that I respect- Crowley Johnson, E. B. Meehan Edwards Linder Shadegg fully ask the chairman that this issue Davis (TN) Jones (OH) Millender- Ehlers Lipinski Shaw Delahunt Kaptur McDonald Emerson LoBiondo Shays be revisited during the conference com- DeLauro Kennedy (RI) Miller (NC) English Lowey Sherman mittee for this legislation.

VerDate jul 14 2003 02:15 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.040 H04PT1 H7856 CONGRESSIONAL RECORD — HOUSE September 4, 2003 Mr. ISTOOK. Mr. Chairman, I appre- for his chairmanship in having gone [Roll No. 468] ciate the gentleman’s comments and through our budget for the first time, AYES—87 his support for his State and its needs, as well as our ranking member, the Alexander Grijalva Oberstar but financial resources, as the gen- gentleman from Massachusetts (Mr. Andrews Hastings (FL) Obey tleman knows, are indeed tight. OLVER), for his first time. Baca Holt Olver The committee, hopefully, may con- I do believe that we have a balanced Baird Hooley (OR) Pallone sider additional appropriations for this budget before us. It is a good budget Baldwin Hoyer Pelosi Ballance Jackson (IL) Pomeroy project in the conference committee with some modification as we go Becerra Jefferson Rothman should additional funds be made avail- through the amendments today. Bell Johnson, E. B. Ryan (OH) able to us at this time because I know I first want to bring to the Members’ Berry Jones (OH) Sabo of the great growth in his State and attention the earned income tax credit Bishop (GA) Kaptur Sanchez, Linda Bishop (NY) Kennedy (RI) T. the significance of this project. I appre- which in this bill allows $100 million Brown (OH) Kilpatrick Sanders Brown, Corrine Lampson ciate the gentleman bringing this to for 45,000 people to be looked at to see Sandlin Capuano Langevin my attention and will continue to if they are in compliance in order to re- Schakowsky Carson (IN) Larsen (WA) Scott (GA) work with him on it. ceive the EITC. Carson (OK) Larson (CT) Mr. GOSS. Mr. Chairman, if the gen- We believe, and we will be offering an Clyburn Lee Snyder tleman will continue to yield, I would amendment later today to reduce that Conyers Lewis (GA) Stenholm Stupak like to thank him for that, for the op- to 25,000 people and to use 50 million of Cooper Markey Crowley McDermott Tanner portunity to speak today and for the those tax dollars to look at corpora- Cummings McGovern Thompson (MS) extraordinary good work he is doing to tions and other high-wagers to see if DeLauro McNulty Tierney get this bill moving. they are in compliance. Doggett Meehan Towns Mr. ISTOOK. I thank the gentleman The earned income tax credit assists Emanuel Millender- Udall (CO) Evans McDonald Van Hollen from Florida. moderate and low-income families. It Farr Miller (NC) Velazquez Mr. Chairman, I yield 2 minutes to provides for them revenues and monies Filner Miller, George Visclosky the gentleman from Florida (Mr. they need for college educations and Frank (MA) Moran (VA) Waters WELDON). other things that this budget does not Frost Napolitano Watson Mr. WELDON of Florida. Mr. Chair- apply. So we hope that that $50 million Gonzalez Neal (MA) Watt man, I thank the gentleman for yield- will be adequate for the pilot program, NOES—305 ing time, and I commend him for pro- and we will hear more on that as we go Abercrombie Culberson Hobson ducing what I think is a fair and bal- on throughout the day. Ackerman Cunningham Hoeffel anced bill. Another is the Buy American provi- Aderholt Davis (AL) Hoekstra I know every area of the Nation is ex- sion that I have offered in this bill. In Akin Davis (CA) Holden Allen Davis (FL) Hostettler periencing significant problems with my home State of Michigan over 400,000 Bachus Davis (IL) Houghton its transportation needs and that we people are out of work. Many of the Baker Davis (TN) Hulshof would all like to see more funds for manufacturing jobs have gone offshore. Ballenger Davis, Tom Hunter Barrett (SC) Deal (GA) Hyde transportation purposes. Wrestling I am told now that many of the service Bartlett (MD) DeLay Inslee with the realities that we have with jobs are going offshore and we have to Barton (TX) Deutsch Isakson this recession and the war on terror, I do something about that. This budget Bass Diaz-Balart, L. Israel think the chairman needs to be very can do that and it can do better. We Beauprez Diaz-Balart, M. Issa Bereuter Dicks Istook seriously commended. need the Buy American language, and I Berkley Dingell Jackson-Lee I want to particularly single out and hope that we can retain it in this budg- Berman Dreier (TX) thank him for including some funding et. Biggert Duncan Jenkins for the Pineda Extension. This project Lastly, I think it is very important Bilirakis Dunn Johnson (CT) Bishop (UT) Edwards Johnson (IL) is very, very important for the proper that we talk about Amtrak and save Blackburn Ehlers Johnson, Sam evacuation in the event of hurricanes its funding. Amtrak does a wonderful Blumenauer Emerson Jones (NC) for many of our coastal communities in service in our country, the eastern cor- Blunt Engel Kanjorski Boehlert Eshoo Keller the congressional district that I rep- ridor, and across this country. I do not Boehner Etheridge Kelly resent. personally have the Amtrak service I Bonilla Everett Kennedy (MN) As we all can remember, Hurricane want in my district. I would like to see Bonner Feeney Kildee Floyd when it threatened the coast of it expanded. The number here for Am- Bono Ferguson Kind Boozman Flake King (IA) Florida, the east coast of Florida, pre- trak is sorely underfunded. With those Boswell Fletcher King (NY) cipitated one of the largest, if not the provisions as we address our amend- Boucher Foley Kingston largest, human evacuations in history ments, we hope that we can make it a Boyd Forbes Kirk Bradley (NH) Ford Kline where literally millions of people had better bill. Brady (PA) Fossella Knollenberg to migrate off the coast of Florida and Mr. OLVER. Mr. Chairman, I yield 10 Brady (TX) Franks (AZ) Kolbe move inland. And one of the things seconds to the gentleman from Wis- Brown (SC) Frelinghuysen LaHood that was recognized in that challenge consin (Mr. OBEY). Brown-Waite, Gallegly Lantos Ginny Garrett (NJ) Latham was that the State did not have enough PREFERENTIAL MOTION OFFERED BY MR. OBEY Burgess Gerlach LaTourette east-west access corridors. Mr. OBEY. Mr. Chairman, I move Burns Gibbons Leach This important addition to the bill that the Committee do now rise. Burr Gilchrest Levin will help us in the State of Florida ad- The CHAIRMAN. Does the gentleman Burton (IN) Gillmor Lewis (CA) Buyer Gingrey Lewis (KY) dress that need in a very, very critical from Massachusetts yield to the gen- Calvert Goode Linder area. I again want to thank the chair- tleman from Wisconsin for that pur- Camp Goodlatte Lipinski man. pose? Cannon Gordon LoBiondo Mr. ISTOOK. Mr. Chairman, I would Mr. OLVER. I do. Cantor Goss Lofgren Capito Granger Lowey inquire how much time remains on ei- The CHAIRMAN. The question is on Capps Green (TX) Lucas (KY) ther side. the motion to rise offered by the gen- Cardin Green (WI) Lucas (OK) The CHAIRMAN. The gentleman tleman from Wisconsin (Mr. OBEY). Cardoza Greenwood Lynch from Oklahoma has 9 minutes remain- The question was taken; and the Carter Gutierrez Maloney Case Gutknecht Manzullo ing, and the gentleman from Massachu- Chairman announced that the noes ap- Castle Hall Marshall setts has 241⁄2 minutes remaining. peared to have it. Chabot Harman Matheson Mr. ISTOOK. Mr. Chairman, I reserve RECORDED VOTE Chocola Harris McCarthy (MO) the balance of my time. Mr. OBEY. Mr. Chairman, I demand a Coble Hart McCarthy (NY) Cole Hastings (WA) McCollum Mr. OLVER. Mr. Chairman, I yield 3 recorded vote. Collins Hayes McCrery minutes to the gentlewoman from A recorded vote was ordered. Costello Hayworth McHugh Michigan (Ms. KILPATRICK), who is a The vote was taken by electronic de- Cox Hefley McInnis vice, and there were—ayes 87, noes 305, Cramer Hensarling McIntyre member of the subcommittee. Crane Herger McKeon Ms. KILPATRICK. Mr. Chairman, I answered ‘‘present’’ 1, not voting 41, as Crenshaw Hill Meek (FL) thank the gentleman from Oklahoma follows: Cubin Hinchey Meeks (NY)

VerDate jul 14 2003 00:26 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.042 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7857 Menendez Putnam Solis have had a devastating effect on the trict, but in the State of Maryland. We Mica Quinn Souder people of northern New Jersey. The have done some of those. There is cur- Michaud Rahall Spratt Miller (FL) Ramstad Stearns Port Authority of New York and New rently in the plan a project for $48 mil- Miller (MI) Rehberg Strickland Jersey, a bipartisan agency, the bipar- lion. I have reason to believe the Sen- Miller, Gary Renzi Sullivan tisan elected officials in New Jersey ate might include that. Mollohan Reyes Sweeney and all the people of my region were Mr. Chairman, I am very hopeful that Moore Reynolds Tancredo Moran (KS) Rogers (AL) Tauscher adamant that Washington should not we will be able to include that in the Murphy Rogers (KY) Tauzin force a solution that was wrong for us conference report. I am not going to Murtha Rogers (MI) Musgrave Rohrabacher Taylor (MS) on them, and the chairman and his offer an amendment on that in the Myrick Ros-Lehtinen Taylor (NC) staff bent over backwards along with committee, but I really do believe that Nethercutt Ross Terry the ranking member to accommodate a it is a very cost-conscious effort to Thomas Neugebauer Royce reasonable commonsense solution to continue this project to completion, Ney Ruppersberger Thompson (CA) Northup Rush Tiahrt that problem, and I am extremely because, as I say, it is not a partisan Norwood Ryan (WI) Tiberi grateful to the chairman and the rank- difference. As a matter of fact, the pro- Nunes Sanchez, Loretta Toomey ing member for accommodating the in- posal was made, as the gentleman Nussle Saxton Turner (OH) terests of the hundreds of thousands of Ortiz Schiff Udall (NM) knows, by the Reagan administration Osborne Schrock Upton people who would otherwise have been and a Republican director of the FDA. Ose Scott (VA) Vitter negatively affected. But it is one that I think is very im- Otter Sensenbrenner Walden (OR) I intend to support this bill. It is not portant. Pascrell Serrano Walsh perfect. I hope Amtrak gets plussed-up Pastor Sessions Wamp In addition, I am concerned, Mr. Paul in the conference, but by and large this Shadegg Weiner Chairman, that we have not included in Pearce Shaw Weldon (FL) is a bill that we can all be proud of, and this legislation not only some of the Pence Shays Weller I thank my chairman again and my Peterson (MN) Sherman money that has been talked about in Peterson (PA) Sherwood Wexler ranking member for all their kindness terms of Amtrak and transportation, Whitfield Petri Shimkus and courtesies. but in particular the election reform Pitts Shuster Wicker Platts Simmons Wilson (NM) b 1345 legislation that we passed. It was one Wilson (SC) of the few pieces of legislation that we Pombo Simpson Mr. OLVER. Mr. Chairman, I yield 4 Porter Skelton Wolf passed in an overwhelmingly bipartisan minutes to the gentleman from Mary- Portman Smith (MI) Wu fashion. The Speaker was very proud of Price (NC) Smith (NJ) Wynn land (Mr. HOYER), the minority whip that. On our side of the aisle we were Pryce (OH) Smith (TX) Young (FL) and a member of the subcommittee. proud of it. The President in signing ANSWERED ‘‘PRESENT’’—1 Mr. HOYER. Mr. Chairman, Mr. the bill indicated it was a bipartisan Chairman of the subcommittee and the DeFazio success. gentleman from Massachusetts (Mr. NOT VOTING—41 We pledged to fund that effort, and OLVER), first of all let me congratulate Clay Janklow Regula the gentleman from Massachusetts we imposed deadlines on the States to Davis, Jo Ann John Rodriguez accomplish certain things that were re- DeGette Kleczka Roybal-Allard (Mr. OLVER) on his taking the respon- Delahunt Kucinich Ryun (KS) sibilities of ranking member. He is quired to ensure access and accuracy of DeMint Majette Slaughter voting in elections. The deadline for Dooley (CA) Matsui doing an outstanding job in that capac- Smith (WA) ity. the accomplishment of those objectives Doolittle McCotter Stark is 2006. Doyle Nadler Thornberry Mr. Chairman, I want to make a few English Owens Turner (TX) general comments. I will have some The gentleman from Florida (Chair- Fattah Oxley Waxman man YOUNG) has been extraordinarily Gephardt Payne possible amendments, which may be Weldon (PA) Graves Pickering withdrawn, some of which may be helpful and was a critical player in our Hinojosa Radanovich Woolsey initial funding. As the chairman Young (AK) pressed. But I want to thank the com- Honda Rangel mittee and I want to thank the chair- knows, the bill would authorize $1.5 bil- ANNOUNCEMENT BY THE CHAIRMAN man for pursuing what the Republican lion additional. We are $1 billion be- The CHAIRMAN (during the vote). majority budget provided for with re- hind. There is $500 million in this bill. Members are informed that there are 2 spect to pay parity. I think that was I appreciate the chairman’s including minutes remaining on this vote. appropriate and consistent with our that. I know he has been supportive of this effort. b 1341 past policies. We have a lot of folks But I will be working with the ad- Mr. TAUZIN changed his vote from who are on the front lines who we will recognize. ministration again. There is going to ‘‘aye’’ to ‘‘no.’’ be an amendment offered by the gen- So the motion was rejected. However, I want to raise some con- tleman from Florida (Mr. HASTINGS). I The result of the vote was announced cerns. As the chairman knows, the will speak on that. I am not sure that as above recorded. Reagan administration, the Bush ad- Mr. OLVER. Mr. Chairman, I yield 2 ministration, the Clinton administra- the gentleman from Florida (Mr. minutes to the gentleman from New tion, and now the present Bush admin- HASTINGS) will press that. The problem, of course, is where you take money Jersey (Mr. ROTHMAN), who is a mem- istration, as I understand it, is for the ber of the subcommittee. project, although has not funded it. We from to get money for this objective. I Mr. ROTHMAN. Mr. Chairman, I have been pursuing the creation of a think the chairman has a very real thank my distinguished gentleman campus for the Food and Drug Admin- problem in that regard. from Massachusetts (Mr. OLVER) the istration which, of course, now has I am pressing the administration, very kind and distinguished ranking even more challenges dealing with the and I have talked to the gentleman member, for yielding me this time. I integrity of the food and drug supply in from Florida (Chairman YOUNG) about also want to thank my chairman for all light of terrorist threats. But we have this, to seek emergency funds from the of his cooperation and friendship and been trying to construct this campus, administration so that this project can going out of his way to help me and the which will save the Federal Govern- be accomplished by the 2006 deadline. I people of my district on a number of ment money. would hope we could work on that. different issues, along with, of course, The reason it will save the Federal Mr. ISTOOK. Mr. Chairman, I yield 5 my ranking member, the staffs of my Government money is now the FDA is minutes to the gentleman from Florida chairman and the ranking member. By located around the Washington metro- (Mr. YOUNG), the distinguished chair- the way, I have so many things to talk politan area in 19 different leased fa- man of the full committee, for the pur- about, but I am only using 2 minutes in cilities, and, of course, they are for the pose of a colloquy with the gentleman the interest of the group; so I will cut most part very old facilities and they from New York (Mr. SWEENEY). to the chase. are expensive facilities. GSA tells us it Mr. YOUNG of Florida. Mr. Chair- There was an issue involved in a one- would be cheaper to build at the site man, I thank the gentleman very much size-fits-all FAA regulation that would that has been agreed to, not in my dis- for yielding me time.

VerDate jul 14 2003 05:35 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.008 H04PT1 H7858 CONGRESSIONAL RECORD — HOUSE September 4, 2003 Mr. SWEENEY. Mr. Chairman, will Mr. SWEENEY. Mr. Chairman, I going to be able to talk about the prob- the gentleman yield? thank the gentleman. I will continue lems with Amtrak which are going to Mr. YOUNG of Florida. I yield to the to monitor the GSA’s actions in this be ruled out of order when offered. gentleman from New York. area as the Treasury-Transportation I find it sad. There are some who dis- Mr. SWEENEY. Mr. Chairman, I measure moves to conference. If there pute the notion that we should be the thank the chairman for yielding, and I is any backsliding by the agency, I am only industrialized Nation in the world want to thank him for participating in confident the committee will be able to without a backbone of a national rail this colloquy with me today to address respond. transportation system. We have lavish a significant issue which was raised Mr. TOM DAVIS of Virginia. Mr. subsidies for the airline industry, during the committee consideration of Chairman, will the gentleman yield? which in its history of passenger trans- this bill. Mr. YOUNG of Florida. I yield to the port has produced a net profit of zero, As the gentleman knows, when the gentleman from Virginia. zero; yet somehow, providing a little committee marked up the Treasury- Mr. TOM DAVIS of Virginia. Mr. support for Amtrak is deemed theo- Transportation bill in July, we di- Chairman, I hope the chairman recog- logically unacceptable. rected the General Services Adminis- nizes the authorizers’ role in over- Well, Mr. Chairman, much of the tration to complete its review of MCI seeing GSA in this and the appropri- blame for the problems of Amtrak is WorldCom’s fitness to serve as a Fed- ators’ role in this and will keep us in that this Congress has refused to ap- eral contractor. This directive resulted the loop, and will not try to authorize propriate the money that Congress from revelations that the company had without consultation with the author- itself has authorized. Yet Congress has overstated its profits by $11 billion and izers. interfered with the management deci- lacked adequate internal controls. Am I correct on this, or am I being sions of Amtrak, and, much like the Mr. Chairman, as you are aware, the rolled on this? mythical educational performance in GSA announced the proposed debar- Mr. YOUNG of Florida. Mr. Chair- Houston, where they sort of in schools ment of MCI WorldCom on July 31. Al- man, I did not really hear the question. ‘‘will’’ children to stay in school so though the process took longer than Mr. TOM DAVIS of Virginia. Mr. they are not dropped out, that they hoped and the committee was forced to Chairman, my question is although the somehow are all going on to college, take action to get GSA to do its job, Committee on Appropriations has ap- people have tried to will Amtrak to a the GSA has now prohibited MCI propriations oversight, I would hope we different type of performance than WorldCom from receiving any new Fed- would work with the authorizing com- they are willing to pay for. mittee on GSA, which is the Com- eral contracts. GSA has reached the Luckily, there is broad bipartisan mittee on Government Reform, which I only responsible conclusion possible. support in this country and in this Mr. Chairman, it is my strong belief chair, as we work towards language on Congress to overrule this ill-conceived that the Federal Government must this. cutback in Amtrak. I am convinced condemn corporate malfeasance and We have spent a lot of time on these that ultimately through the process we provide strict oversight of Federal con- issues as well. The language of the gen- will succeed. I hope we can fix what we tracting. GSA’s proposed action to tleman from New York was worked out can on the floor to preserve the critical debar MCI from Federal contracting is and shared with us. I hope this is not enhancements program, and fight for a a step in the right direction, and I ap- an attempt on the part of the appropri- bill that the country deserves to pre- plaud their efforts. ators to once again override author- serve the potential for a comprehensive With the leadership of the gentleman izing committees and try to accom- rail transportation system. from Florida (Chairman YOUNG), this plish what they could not accomplish committee has ensured GSA performs on the floor. Mr. OLVER. Mr. Chairman, I yield 3 its due diligence and has protected the Mr. YOUNG of Florida. Mr. Chair- minutes to the gentleman from Massa- American taxpayers from a fraudulent man, reclaiming my time, I would say chusetts (Mr. NEAL). company. I would like to personally to my friend, the gentleman from Vir- Mr. NEAL of Massachusetts. Mr. thank the gentleman for his support ginia (Mr. TOM DAVIS), that he is abso- Chairman, once again the Committee and assistance. lutely right. It is essential that the on Appropriations, in the light of day, Mr. YOUNG of Florida. Mr. Chair- Committee on Appropriations and the has voted to prohibit corporate expa- man, reclaiming my time, I want to authorizing committees work together triates from enjoying more than $1 bil- thank the gentleman from New York as we deal with issues of this type. The lion a year in Federal Government con- (Mr. SWEENEY) for bringing this impor- gentleman is exactly right. tracts, and, once again, Mr. Chairman, tant matter to the committee’s atten- Mr. OLVER. Mr. Chairman, I yield 3 in the dark of night, the Committee on tion. As overseers of GSA’s budget, I minutes to the gentleman from Oregon Rules, has cobbled together a rule believe the committee acted in a re- (Mr. BLUMENAUER). which rewards those corporations who sponsible way and responded to this Mr. BLUMENAUER. Mr. Chairman, I run off to Bermuda to avoid paying issue appropriately. appreciate the gentleman’s courtesy in United States income taxes. Mr. SWEENEY. Mr. Chairman, if the permitting me to speak on this debate. The American taxpayer has said tax gentleman will yield further, I thank Mr. Chairman, I find a certain fairness and tax equity matter, but ap- the gentleman. As this process con- amount of irony as we return to unnec- parently not in this Congress. Cor- tinues, GSA must remain responsive essary controversy on one of the most porate expatriates will drain $5 billion and should provide regular detailed re- important bills that this Congress will from our Federal Treasury, and yet, in ports to the committee on the status of consider this year. The chairman of the return, corporate expatriates will win, the case. subcommittee is concerned about con- time and again, lucrative Federal con- Would the gentleman agree to work gestion around the Nation, and well he tracts to build our nuclear facilities, with me during the conference to clar- should be. Yet the bill would cut back guard our government buildings, pro- ify the report language, if necessary, so on people’s alternatives to reduce con- vide health care to our veterans, land- that the committee can continue its gestion by further squeezing Amtrak scape the national parks, and even oversight of GSA actions on the MCI and gutting the popular important bi- money appropriated in this bill today, WorldCom debarment proceedings and partisan support for the enhancements believe it or not, a multimillion-dollar further Federal contracting actions? program. contract to help the IRS collect taxes. Mr. YOUNG of Florida. Mr. Chair- People need choices. I am going to We stay here and we pay our taxes man, I look forward to working with speak later in the debate on the en- while these corporations run off to Ber- the gentleman from New York (Mr. hancements program in support of the muda to avoid them. They then turn SWEENEY) as we move towards a final amendment offered by the gentleman around and get paid to help collect resolution of this issue, and will cer- from Massachusetts (Mr. OLVER) and money from us. If it was not Sep- tainly work to clarify the report lan- the gentleman from Wisconsin (Mr. tember, most of us would come to be- guage during conference as events dic- PETRI), a bipartisan amendment to try lieve based upon this issue it was April tate. to fix it. Unfortunately, we are not Fool’s Day.

VerDate jul 14 2003 03:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.063 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7859 Try, as an individual taxpayer an- floor: the chief clerk of our sub- Since 1995, the IRS has issued revenue rul- nouncing that your address is in Ber- committee, Rich Efford, and the other ings, revenue procedures and over 80 private muda and avoiding your share of per- clerks on the committee, Cheryle letter rulings that detail the processes that sonal income taxes, to find what the Tucker, Kurt Dodd, Leigha Shaw, Wal- qualify for producing synthetic fuel and the result will be. I am astounded that ter Hearne, Ben Nicholson, and from tests taxpayers should utilize to demonstrate after months and months of discussing my office Kurt Conrad. that the synthetic fuel they produced qualify this issue, when we were promised a I do not want their efforts to go for the tax credit. vote on the floor, we are no closer to unnoted and unappreciated, and I Taxpayers and recognized scientific experts doing that now than we were before. wanted to make sure that they appear met repeatedly with the IRS as it developed Instead, the Committee on Appropria- in the RECORD next to the work prod- the revenue rulings, revenue procedures and tions does what they are supposed to uct that they have worked so dili- private letter rulings. Taxpayers explained the do, and the Committee on Rules de- gently on. We could not accomplish processes they intended to use to produce cides not to let the issue come to the these things without them. synthetic fuel and the tests that they would floor. This is a good bill. I ask every Mem- use to demonstrate that synthetic fuel qualified If they are confident in their posi- ber of the House to support it. for the tax credit. After full opportunity to re- tion, let the matter come to the floor Mr. WELLER. Mr. Chairman, I rise today in view the processes and the tests, the IRS for an up-or-down vote. I guarantee strong opposition to the language weakening issued private letter rulings telling taxpayers you if it came to the floor, there would the United States’ Cuban embargo policy by that these processes and these tests qualified. be 300 votes to affirm what I have said allowing travel to Cuba and urge my col- Since 1995, taxpayers have been investing in the last couple of minutes. leagues also to oppose allowing travel to in synthetic fuel production facilities designed Cuba. to meet the tests that the IRS agreed dem- b 1400 The regime of Fidel Castro continues to onstrated that the synthetic fuel produced I hope that during this debate there prove to have no respect for dissidents, for qualified for the tax credit. In June of this year, will be others who continue to bring human rights, and cannot be trusted. This past the IRS decided that it was not sure that the this matter before us, and I hope that March, Castro carried out a sweeping crack- tests it had approved over the years were ac- all of you on the other side will stop down on dissident leaders, rounding up 75 ceptable. The IRS told taxpayers that it ques- protecting many of these financial and providing harsh prison sentences after tioned the test results it had previously ap- traitors. charades of trials. Further, Castro resumed proved because a single scientist the IRS Mr. ISTOOK. Mr. Chairman, I yield executions with the execution of three men by hired attempted to perform the tests using dif- myself 1 minute. official firing squad. For those dissidents mere- ferent methodologies. However, the IRS re- Mr. Chairman, I certainly appreciate ly attempting to exercise basic freedoms, pun- fuses to tell taxpayers what test it is using and the passion of the gentleman who just ishments include forced exile, interrogations, how it is different from the tests it has ap- spoke and everyone else, but, of course, house arrest and searches, intimidation and proved in 80 private letter rulings. we have followed the normal protocol. aggression, telephone bugging, eviction and In short, the IRS changed the test it told tax- This is what is considered in this House loss of employment. payers to use and refuses to tell taxpayers an open rule to give people the oppor- The fact remains: Cuba under the dictator- how it changed the test. Taxpayers no longer tunity to bring up issues. But as the ship of Fidel Castro is a terrorist state, ruled know whether their synthetic fuel, including Chairman and everyone else in this by fear, and grossly violating the human rights fuels produced in prior years, qualifies for the body knows, just because a bill is on of dissidents. The Cuban regime remains on tax credit. As a result, hundreds of millions of the floor, it does not mean that every the Department of State list of seven terrorist- dollars of investments are at risk. Many public topic can be offered on that bill. We sponsoring nations. United States policy and private companies in all sectors of the have to break our work into pieces. should never bend against the tide of oppres- economy are facing huge potential economic And some of the issues the gentleman sion in Cuba or any country—we must main- losses. Some companies are facing bank- is talking about should properly be tain a firm line. Our victory in the Cold War ruptcy because the IRS is changing the rules raised on other pieces of legislation, was due to holding firmly to our core demo- after they made their investments. not this one. cratic values and principles and being strong, Taxpayers worked in good faith with the IRS The Committee on Rules and its lead- not bending to communist ideology, torture, to design tests that demonstrated that their fa- ership has provided a very good, very and oppression. cilities produced a qualified synthetic fuel. Tax- solid, open rule that provides Members The House of Representatives should not payers invested in reliance on the rulings the the opportunity to make fair com- vote to reward a terrorist state with unre- IRS provided approving those tests. The IRS ments and make fair amendments upon stricted travel—providing resources needed to should publish an announcement that it will the proper topics of this bill. And I sustain the Castro regime. I urge my col- honor the rules under which taxpayers in- would certainly hope that the gen- leagues to vote no on this amendment to vested in synthetic fuels facilities and that it tleman would work with the commit- weaken the embargo against Cuba by allow- will follow the rules the IRS published in Rev- tees of proper jurisdiction for the ing travel to Cuba. enue Procedures 2001–30 and 2001–34. The changes that he wants to make. But I Mr. CRAMER. Mr. Chairman, as we debate IRS must abide by the rules it laid down for do very much appreciate, Mr. Chair- the FY04 Transportation, Treasury Appropria- taxpayers. man, the efforts of the Committee on tions bill, I rise to express my concern for re- Mr. CUMMINGS. Mr. Chairman, today I rise Rules in helping us to make the cent actions undertaken by the Internal Rev- in strong support of the amendment offered by progress and helping to make sure that enue Service. my colleague Chairman QUINN. From its incep- we have a controlled and proper debate It is a fundamental tenet of fair tax adminis- tion, Amtrak was expected to pursue con- on the issues that are the proper sub- tration that taxpayers can rely on guidance flicting goals. It was to provide a national rail ject of this bill. and rules issued by the Internal Revenue passenger service while simultaneously oper- Mr. Chairman, I reserve the balance Service. Unfortunately, in its administration of ating as a commercial enterprise. Although, at of my time. the tax credit for coal-based synthetic fuels, this point I think that it is a foregone conclu- The CHAIRMAN. The Chair appre- the IRS has breached this fundamental rule. sion that no one expects Amtrak will be profit- ciates the gentleman’s very thoughtful Congress enacted section 29 of the Internal able. statement. Revenue Code to provide a tax credit for the As mandated in the Amtrak Reform and Ac- Mr. OLVER. Mr. Chairman, I have no production of synthetic fuel. This tax credit countability Act of 1997, which required Am- additional speakers on general debate, was created to encourage domestic energy trak to achieve self-sufficiency by December and I yield back the balance my time. production and it works. In my home state, 2002, the rail system has received reduced Mr. ISTOOK. Mr. Chairman, I yield and coal producing states throughout the appropriations funding each year. However, myself such time as I may consume. Southeast, the credit has increased domestic due to inflation and a poor economy, operating Mr. Chairman, just by way of brief coal production and kept open thin seam costs continue to rise. Many important infra- closing, I indicated that I wanted to ex- mines. The coal-based synthetic fuels in- structure and equipment improvements have press appreciation for the members of creases combustion efficiency and reduce fuel been delayed or postponed due to the lack of our staff that have worked so dili- costs for electricity consumers throughout the funding. Rising operating costs—declining rev- gently to bring this legislation to the United States. enue—this is a formula for failure.

VerDate jul 14 2003 03:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\K04SE7.047 H04PT1 H7860 CONGRESSIONAL RECORD — HOUSE September 4, 2003 We are now faced with the challenge of sal- tional runway capacity expected to be online Notably, every year in New Jersey, nearly 4 vaging a vital link in our national transportation at Bush Intercontinental in spring 2004. million passengers ride Amtrak trains. Each system. To quote the Secretary of Transpor- Expedited construction of the new TRACON day, 109 Amtrak trains operate in New Jersey. tation Norm Mineta: ‘‘Intercity passenger rail is necessary to realize the 36 percent capacity In addition, Amtrak provides all of the mainte- service is an important part of the nation’s increase identified in the FAA Operational nance and locomotive power for the 250 daily transportation system.’’ Some critics of Amtrak Evolution Plan (OEP). The current state of the commuter trains that are operated by New insist that reforming Amtrak will save it. I dis- Houston TRACON does not fit its place as a Jersey Transit for hundreds of thousands of agree. Until necessary improvements are major hub in a modern air traffic control sys- daily rail commuters in my home state, which made on the infrastructure and equipment, the tem. is so densely populated and depends so much system cannot function efficiently. The $20 million included in this legislation is on trains and buses to minimize traffic conges- We need to provide Amtrak with adequate an important first step that will help create a tion and air pollution. funding. new facility in a timely manner. This funding By sharing the same tracks and tunnels In some areas the rail infrastructure is over will help resolve an urgent air traffic control fa- within the Northeast Corridor with Amtrak, 100 years old. Repairing existing infrastructure cility problem for the greater Houston, Texas New Jersey has a strong interest in seeing a to good condition and upgrading equipment area. stable and continuing Amtrak operation, with will ultimately lead to reduced operational I am also happy to see that, on top of the increased funding! That said, the Chairman costs. But, as with most endeavors of this East End Rail Task Force study on rail and and the Congress have every right to demand magnitude we cannot expect overnight results. mobility conditions completed in February necessary reforms of Amtrak management, The process will take time. 2003 and the Harris County/Port of Houston’s strict accountability, and reasonable labor Looking to the states that rely on rail service $600,000 ongoing county-wide study, there is agreements. to stabilize Amtrak is not the answer. My state $1 million in the House Transportation Appro- To be clear, I feel it is absolutely essential of Maryland has been a strong supporter of priations bill for a Freight Rail Transportation that we do more to support Amtrak while mak- Amtrak as it is a critical part of the overall Corridor and Urban Mobility Program for Har- ing sure that it follows the committee’s direc- transportation solution—especially in the con- ris County. tion to carry out much needed reforms. gested Northeast corridor. The MARC trains in I worked with my Texas colleague TOM I want to again thank the Chairman for in- Baltimore are operated under a contract with DELAY on this issue, and am glad that the ap- creasing Amtrak’s funding from its original Amtrak. Many Maryland communters depend propriators saw fit to include this important mark. on MARC service. But, we are not asking for project. In the transportation world, the issue of a free ride. Since 1990, Maryland has invested The goal is to expand the work of the East safety and its importance can never be over over $124 million in state and federal funds to End study to the entire rail network of Harris emphasized. Thus, the more than $77 million improve Amtrak owned facilities. I’m sure that County in order to initiate a comprehensive included for the National Safety Transportation Maryland does not stand alone when we say approach to rail system rationalization, ad- Board, is well directed dollars. that we cannot afford to pay for the substantial dressing the regional issues associated with On the Treasury side, this bill takes impor- needs of Amtrak. train routing, rail traffic levels, yard operations, tant steps in our nation’s continued war on ter- Maintaining a sound, efficient rail system is and through-traffic versus local service to rorism. H.R. 2989 includes critical dollars a national concern. We are ever vigilant in our quantify the safety and mobility impact they ($57.5 million) for the Financial Crimes En- efforts to get people to leave their cars at have on residents. Researchers on this project forcement Network. Included in this funding home and use mass transit in order to each will work with a public-private partnership to are dollars for the establishment of the Office congestion and lower emissions. Since 1971, oversee the direction and scope of work. The of Terrorist Financing and Financial Crimes, Amtrak has sought to balance competing pub- partnership will include public officials, the Port which will help root out the financial infrastruc- lic service and commercial objectives without of Houston, residents, and representatives of tures that support terrorist organizations and the benefit of adequate resources to fully de- Union Pacific and Burlington Northern Santa their murderous ways. liver either. The government must provide the Fe Railroads. H.R. 2989 also includes more than $228 necessary funding and oversight that is essen- A consensus approach is needed because a million for the Financial Management Service, tial for a national passenger rail system. major freight rail and mobility plan will take which is responsible for the management of We’ve come a long way in transportation significant amounts of federal, local, and pri- Federal finances. technology since Amtrak began its service in vate sources of investment to complete. Such For all these reasons and more, I support 1971. However, because of the condition of freight rail reorganization plans have been the Chairman ISTOOK’s Fiscal Year 2004 current rail infrastructure and stock this successfully done for LA-Long Beach, CA, Transportation and Treasury Appropriations progress is far from evident. I think that it is Reno, NV, and one was recently announced bill, and urge my colleagues to do the same. time for Congress to ‘‘step up to the plate.’’ for Chicago, IL. Mr. KING. Mr. Chairman, I would have We need and deserve a national passenger Again, Mr. Chairman, these are important amended H.R. 2989, the Transportation, rail system. projects for my area, and I am glad to see that Treasury and Independent Agencies Appro- We must provide adequate funding for Am- they were included in this important bill. I’d like priations Act of 2004, to address concerns trak. to thank the Chairman and the Ranking Mem- about an unfunded mandate and ensure integ- Mr. GREEN of Wisconsin. Mr. Chairman, I ber of this committee for their hard work. rity in our voting system. However, this rise today in support of H.R. 2989, the Trans- Mr. FRELINGHUYSEN. Mr. Chairman, amendment was not in order. My amendment portation-Treasury-Independent Agencies Ap- today, I rise in strong support of H.R. 2989, would have given States a waiver from compli- propriations Act for FY 2004. Chairman ISTOOK’s Fiscal Year 2004 Trans- ance with the Help America Vote Act until it is First, I would like to thank the Chairman and portation and Treasury Appropriations bill. fully funded at the authorized level. States the Ranking Member for including $20 million Chairman ISTOOK has worked within the should not have to comply with an unfunded for the Terminal Radar Approach Control framework he was provided to put forward a mandate in 2006. Many of our states are fac- (TRACON) facility in Houston, Texas. fair and balanced approach to fund the De- ing serious budget crises, and worry that if Houston’s four million residents are served partments of Transportation and Treasury and they are not first in line to receive the federal by Bush Intercontinental Airport, Houston other Independent Agencies. matching funds the money will run out. If this Hobby Airport, and Ellington Field. Together The Chairman’s bill makes a strong commit- happens, the local taxpayers will be left hold- they form one of North America’s largest pub- ment to our nation’s highway improvements by ing the bill for compliance with the unfunded lic airport systems and position Houston as providing $33.8 billion, which is $6.1 billion HAVA mandate in 2006. My amendment the international gateway to the south central above last year’s level. would not require states to comply with the United States. Equally as important to New Jersey is Fed- HAVA mandate until it is fully funded at the Unfortunately, the current TRACON facility eral support for transit operations. As such, I level authorized. was constructed in the late 1960’s and is inad- commend the Chairman for including $7.23 The Help America Vote Act of 2002 re- equate to meet the needs at these three air- billion for transit program spending, which is quires, among other things, that each precinct ports. $52 million above last year’s level. I am espe- have at least one Direct Recording Electronic The facility is in a low lying area which cially thankful that this bill provides full funding voting system, or DRE. However, currently floods often, disrupting air traffic, and cannot for New Jersey’s top two transit priorities, the these machines do not have a permanent, be expanded to provide the airspace capacity Newark Elizabeth Rail Link and the Hudson auditable and individually verifiable trail. Ques- needed to achieve the full benefits of the addi- Bergen Light Rail projects. tions remain about whether electronic voting

VerDate jul 14 2003 03:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 9920 E:\CR\FM\A04SE7.018 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7861 system software could be hacked into and Board of Contract Appeals; not to exceed NEW HEADQUARTERS BUILDING election results tampered with. Until DRE ma- $1,268,000 shall be available for the Office of For necessary expenses of the Department chines have a verifiable audit trail, we should Small and Disadvantaged Business Utiliza- of Transportation’s new headquarters build- tion; not to exceed $16,565,000 shall be avail- not spend federal tax dollars on unreliable ma- ing and related services, $45,000,000, to re- able for the Office of the Chief Information main available until expended. chines. The Help America Vote Act was moti- Officer; and not to exceed $225,000 shall be FEDERAL AVIATION ADMINISTRATION vated by electoral integrity—we must insure available for the Office of Intelligence and OPERATIONS that the DRE machines meet that goal before Security: Provided, That the Secretary of For necessary expenses of the Federal spending millions of dollars on them and re- Transportation is authorized to transfer Aviation Administration, not otherwise pro- funds appropriated for any office of the Of- quiring states to use them in every precinct. At vided for, including operations and research fice of the Secretary to any other office of a cost of $4,000 to 5,000 per DRE, we can’t activities related to commercial space trans- the Office of the Secretary: Provided further, afford to be wrong. portation, administrative expenses for re- That no appropriation for any office shall be In fact, at a cost of thousands of dollars per search and development, establishment of increased or decreased by more than 5 per- air navigation facilities, the operation (in- machine, many rural precincts will have only cent by all such transfers: Provided further, cluding leasing) and maintenance of aircraft, one voting machine available for voters, and it That any change in funding greater than 5 subsidizing the cost of aeronautical charts will have to be a DRE according to the re- percent shall be submitted for approval to and maps sold to the public, lease or pur- quirements of the Help America Vote Act. If the House and Senate Committees on Appro- chase of passenger motor vehicles for re- sparsely populated rural voters are forced to priations: Provided further, That not to ex- placement only, in addition to amounts vote on DRE machines that are susceptible to ceed $60,000 shall be for allocation within the made available by Public Law 104–264, fraud, we risk mass disenfranchisement of Department for official reception and rep- $7,532,000,000, of which $6,000,000,000 shall be rural voters in small precincts. This disenfran- resentation expenses as the Secretary may derived from the Airport and Airway Trust determine: Provided further, That notwith- Fund, of which not to exceed $6,076,724,000 chisement will extend to disabled voters who standing any other provision of law, exclud- use a DRE to vote, which was hardly the in- shall be available for air traffic services pro- ing fees authorized in Public Law 107–71, gram activities; not to exceed $870,505,000 tent behind the voting reform legislation. there may be credited to this appropriation shall be available for aviation regulation and Ensuring electoral integrity and preventing up to $2,500,000 in funds received in user fees: certification program activities; not to ex- vote fraud is a high priority for me. Although Provided further, That none of the funds pro- ceed $218,481,000 shall be available for re- I was not able to offer my amendment today, vided in this Act shall be available for the search and acquisition program activities; I intend to continue to work towards solutions position of Assistant Secretary for Public not to exceed $11,776,000 shall be available for to these problems. Affairs. commercial space transportation program Mr. ISTOOK. Mr. Chairman, I yield OFFICE OF CIVIL RIGHTS activities; not to exceed $49,783,000 shall be back the balance of my time. For necessary expenses of the Office of available for financial services program ac- The CHAIRMAN. All time for general Civil Rights, $8,569,000. tivities; not to exceed $75,367,000 shall be available for human resources program ac- TRANSPORTATION PLANNING, RESEARCH, AND debate has expired. tivities; not to exceed $87,749,000 shall be DEVELOPMENT Pursuant to the rule, the bill shall be available for regional coordination program considered for amendment under the 5- For necessary expenses for conducting activities; not to exceed $140,429,000 shall be minute rule. transportation planning, research, systems available for staff offices; and not to exceed During consideration of the bill for development, development activities, and $29,681,000 shall be available for information making grants, to remain available until ex- services: Provided, That none of the funds in amendment, the Chair may accord pri- pended, $8,336,000. ority in recognition to a Member offer- this Act shall be available for the Federal WORKING CAPITAL FUND ing an amendment that he has printed Aviation Administration to finalize or im- Necessary expenses for operating costs and plement any regulation that would promul- in the designated place in the CONGRES- capital outlays of the Working Capital Fund, gate new aviation user fees not specifically SIONAL RECORD. Those amendments not to exceed $116,715,000, shall be paid from authorized by law after the date of the en- will be considered as read. appropriations made available to the Depart- actment of this Act: Provided further, That The Clerk will read. ment of Transportation: Provided, That such there may be credited to this appropriation The Clerk read as follows: services shall be provided on a competitive funds received from States, counties, mu- basis to entities within the Department of nicipalities, foreign authorities, other public H.R. 2989 Transportation: Provided further, That the authorities, and private sources, for expenses Be it enacted by the Senate and House of Rep- above limitation on operating expenses shall incurred in the provision of agency services, resentatives of the United States of America in not apply to non-DOT entities: Provided fur- including receipts for the maintenance and Congress assembled, That the following sums ther, That no funds appropriated in this Act operation of air navigation facilities, and for are appropriated, out of any money in the to an agency of the Department shall be issuance, renewal or modification of certifi- Treasury not otherwise appropriated, for the transferred to the Working Capital Fund cates, including airman, aircraft, and repair Departments of Transportation and Treasury without the approval of the agency modal station certificates, or for tests related and independent agencies for the fiscal year administrator: Provided further, That no as- thereto, or for processing major repair or al- ending September 30, 2004, and for other pur- sessments may be levied against any pro- teration forms: Provided further, That of the poses, namely: gram, budget activity, subactivity or project funds appropriated under this heading, not TITLE I funded by this Act unless notice of such as- less than $7,500,000 shall be for the contract DEPARTMENT OF TRANSPORTATION sessments and the basis therefor are pre- tower cost-sharing program: Provided further, That funds may be used to enter into a grant OFFICE OF THE SECRETARY sented to the House and Senate Committees on Appropriations and are approved by such agreement with a nonprofit standard-setting SALARIES AND EXPENSES Committees. organization to assist in the development of For necessary expenses of the Office of the MINORITY BUSINESS RESOURCE CENTER aviation safety standards: Provided further, Secretary, $93,577,000, of which not to exceed PROGRAM That none of the funds in this Act shall be $2,212,000 shall be available for the imme- available for new applicants for the second For the cost of guaranteed loans, $500,000, diate Office of the Secretary; not to exceed career training program: Provided further, as authorized by 49 U.S.C. 332: Provided, That $841,000 shall be available for the immediate That none of the funds in this Act shall be such costs, including the cost of modifying Office of the Deputy Secretary; not to exceed available for paying premium pay under 5 such loans, shall be as defined in section 502 $15,560,000 shall be available for the Office of U.S.C. 5546(a) to any Federal Aviation Ad- of the Congressional Budget Act of 1974: Pro- the General Counsel; not to exceed $12,717,000 ministration employee unless such employee vided further, That these funds are available shall be available for the Office of the Under actually performed work during the time to subsidize total loan principal, any part of Secretary of Transportation for Policy; not corresponding to such premium pay: Provided which is to be guaranteed, not to exceed to exceed $8,630,000 shall be available for the further, That none of the funds in this Act $18,367,000. In addition, for administrative ex- Office of the Assistant Secretary for Budget may be obligated or expended to operate a penses to carry out the guaranteed loan pro- and Programs; not to exceed $2,518,000 shall manned auxiliary flight service station in gram, $400,000. be available for the Office of the Assistant the contiguous United States: Provided fur- Secretary for Governmental Affairs; not to MINORITY BUSINESS OUTREACH ther, That none of the funds in this Act for exceed $28,882,000 shall be available for the For necessary expenses of Minority Busi- aeronautical charting and cartography are Office of the Assistant Secretary for Admin- ness Resource Center outreach activities, available for activities conducted by, or co- istration; not to exceed $1,982,000 shall be $3,000,000, to remain available until Sep- ordinated through, the Working Capital available for the Office of Public Affairs; not tember 30, 2005: Provided, That notwith- Fund: Provided further, That of the amount to exceed $1,447,000 shall be available for the standing 49 U.S.C. 332, these funds may be appropriated under this heading, not to ex- Office of the Executive Secretariat; not to used for business opportunities related to ceed $50,000 may be transferred to the Air- exceed $730,000 shall be available for the any mode of transportation. craft Loan Purchase Guarantee Program:

VerDate jul 14 2003 05:35 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.021 H04PT1 H7862 CONGRESSIONAL RECORD — HOUSE September 4, 2003

Provided further, That not later than March heading, $20,000,000 is available only for the SEC. 104. None of the funds in this Act shall 1, 2004, the Secretary of Transportation, in Houston Area Air Traffic System: Provided be used to pursue or adopt guidelines or reg- consultation with the Administrator of the further, That none of the funds in this Act ulations requiring airport sponsors to pro- Federal Aviation Administration, shall issue may be obligated or expended to implement vide to the Federal Aviation Administration final regulations, pursuant to 5 U.S.C. 8335, section 106 of H.R. 2115, as passed the House without cost building construction, mainte- establishing an exemption process allowing of Representatives on June 12, 2003. nance, utilities and expenses, or space in air- individual air traffic controllers to delay RESEARCH, ENGINEERING, AND DEVELOPMENT port sponsor-owned buildings for services re- mandatory retirement until the employee (AIRPORT AND AIRWAY TRUST FUND) lating to air traffic control, air navigation, reaches no later than 61 years of age: Pro- For necessary expenses, not otherwise pro- or weather reporting: Provided, That the pro- vided further, That of the funds provided vided for, for research, engineering, and de- hibition of funds in this section does not under this heading, $4,000,000 is available velopment, as authorized under part A of apply to negotiations between the agency only for recruitment, personnel compensa- subtitle VII of title 49, United States Code, and airport sponsors to achieve agreement tion and benefits, and related costs to raise including construction of experimental fa- on ‘‘below-market’’ rates for these items or the level of operational air traffic control su- cilities and acquisition of necessary sites by to grant assurances that require airport pervisors to the level of 1,726: Provided fur- lease or grant, $108,000,000, to be derived from sponsors to provide land without cost to the ther, That none of the funds in this Act may the Airport and Airway Trust Fund and to FAA for air traffic control facilities. SEC. 105. For an airport project that the be obligated or expended to execute or con- remain available until September 30, 2006: Administrator of the Federal Aviation Ad- tinue to implement a memorandum of under- Provided, That there may be credited to this ministration (FAA) determines will add crit- standing or memorandum of agreement (or appropriation funds received from States, ical airport capacity to the national air any revisions thereto) with representatives counties, municipalities, other public au- transportation system, the Administrator is of any FAA bargaining unit unless such doc- thorities, and private sources, for expenses authorized to accept funds from an airport ument is filed in a central registry and incurred for research, engineering, and de- sponsor, including entitlement funds pro- catalogued in an automated, searchable velopment. database under the executive direction of ap- vided under the ‘‘Grants-in-Aid for Airports’’ GRANTS-IN-AID FOR AIRPORTS propriate management representatives at program, for the FAA to hire additional staff FAA headquarters: Provided further, That (LIQUIDATION OF CONTRACT AUTHORIZATION) or obtain the services of consultants: Pro- none of the funds in this Act may be obli- (LIMITATION ON OBLIGATIONS) vided, That the Administrator is authorized gated or expended for an employee of the (AIRPORT AND AIRWAY TRUST FUND) to accept and utilize such funds only for the Federal Aviation Administration to purchase For liquidation of obligations incurred for purpose of facilitating the timely processing, a store gift card or gift certificate through grants-in-aid for airport planning and devel- review, and completion of environmental ac- use of a government-issued credit card. opment, and noise compatibility planning tivities associated with such project. PAYMENTS TO AIR CARRIERS and programs as authorized under sub- SEC. 106. None of the funds appropriated or limited by this Act may be used to change (AIRPORT AND AIRWAY TRUST FUND) chapter I of chapter 471 and subchapter I of chapter 475 of title 49, United States Code, weight restrictions or prior permission rules For necessary expenses to carry out the es- and under other law authorizing such obliga- at Teterboro Airport in Teterboro, New Jer- sential air service program pursuant to 49 tions; for procurement, installation, and sey. U.S.C. 41742(a), $63,000,000, to be derived from commissioning of runway incursion preven- SEC. 107. Notwithstanding any other provi- the airport and airway trust fund and to be tion devices and systems at airports of such sion of law, funds appropriated for official available until expended. title; for implementation of section 203 of travel by Federal departments and agencies FACILITIES AND EQUIPMENT Public Law 106–181; and for inspection activi- may be used by such departments and agen- (AIRPORT AND AIRWAY TRUST FUND) ties and administration of airport safety pro- cies, if consistent with Office of Management For necessary expenses, not otherwise pro- grams, including those related to airport op- and Budget circular A–126 regarding official vided for, for acquisition, establishment, erating certificates under 49 U.S.C. 44706, travel for Government personnel, to partici- technical support services, improvement by $3,425,000,000, to be derived from the Airport pate in the fractional aircraft ownership contract or purchase, and hire of air naviga- and Airway Trust Fund and to remain avail- pilot program. tion and experimental facilities and equip- able until expended: Provided, That none of FEDERAL HIGHWAY ADMINISTRATION ment, as authorized under part A of subtitle the funds under this heading shall be avail- LIMITATION ON ADMINISTRATIVE EXPENSES VII of title 49, United States Code, including able for the planning or execution of pro- Necessary expenses for administration and initial acquisition of necessary sites by lease grams the obligations for which are in excess operation of the Federal Highway Adminis- or grant; engineering and service testing, in- of $3,425,000,000 in fiscal year 2004, notwith- tration, not to exceed $359,458,000, shall be cluding construction of test facilities and ac- standing 49 U.S.C. 47117(g): Provided further, paid in accordance with law from appropria- quisition of necessary sites by lease or grant; That notwithstanding any other provision of tions made available by this Act to the Fed- construction and furnishing of quarters and law, not more than $64,904,000 of funds lim- eral Highway Administration together with related accommodations for officers and em- ited under this heading shall be obligated for advances and reimbursements received by ployees of the Federal Aviation Administra- administration and not less than $20,000,000 the Federal Highway Administration. tion stationed at remote localities where shall be for the Small Community Air Serv- FEDERAL-AID HIGHWAYS such accommodations are not available; and ice Development Pilot Program. the purchase, lease, or transfer of aircraft GENERAL PROVISIONS—FEDERAL AVIATION (LIMITATION ON OBLIGATIONS) from funds available under this heading; to ADMINISTRATION (HIGHWAY TRUST FUND) be derived from the Airport and Airway SEC. 101. Notwithstanding any other provi- None of the funds in this Act shall be Trust Fund, $2,900,000,000, of which sion of law, airports may transfer, without available for the implementation or execu- $2,479,158,800 shall remain available until consideration, to the Federal Aviation Ad- tion of programs, the obligations for which September 30, 2006, and of which $420,841,200 ministration (FAA) instrument landing sys- are in excess of $33,385,000,000 for Federal-aid shall remain available until September 30, tems (along with associated approach light- highways and highway safety construction 2004: Provided, That there may be credited to ing equipment and runway visual range programs for fiscal year 2004: Provided, That this appropriation funds received from equipment) which conform to FAA design within the $33,385,000,000 obligation limita- States, counties, municipalities, other public and performance specifications, the purchase tion on Federal-aid highways and highway authorities, and private sources, for expenses of which was assisted by a Federal airport- safety construction programs, not more than incurred in the establishment and mod- aid program, airport development aid pro- $462,500,000 shall be available for the imple- ernization of air navigation facilities: Pro- gram or airport improvement program grant: mentation or execution of programs for vided further, That upon initial submission to Provided, That, the Federal Aviation Admin- transportation research (sections 502, 503, the Congress of the fiscal year 2005 Presi- istration shall accept such equipment, which 504, 506, 507, and 508 of title 23, United States dent’s budget, the Secretary of Transpor- shall thereafter be operated and maintained Code, as amended; section 5505 of title 49, tation shall transmit to the Congress a com- by FAA in accordance with agency criteria. United States Code, as amended; and sec- prehensive capital investment plan for the SEC. 102. None of the funds in this Act may tions 5112 and 5204–5209 of Public Law 105–178) Federal Aviation Administration which in- be used to compensate in excess of 350 tech- for fiscal year 2004: Provided further, That cludes funding for each budget line item for nical staff-years under the federally funded this limitation on transportation research fiscal years 2005 through 2009, with total research and development center contract programs shall not apply to any authority funding for each year of the plan constrained between the Federal Aviation Administra- previously made available for obligation. to the funding targets for those years as esti- tion and the Center for Advanced Aviation FEDERAL-AID HIGHWAYS mated and approved by the Office of Manage- Systems Development during fiscal year (LIQUIDATION OF CONTRACT AUTHORIZATION) ment and Budget: Provided further, That of 2004. the funds provided for ‘‘In-plant NAS con- SEC. 103. None of the funds made available (HIGHWAY TRUST FUND) tract support services’’, $7,000,000 is only for in this Act may be used for engineering work For carrying out the provisions of title 23, contract audit services provided by the De- related to an additional runway at Louis United States Code, that are attributable to fense Contract Audit Agency: Provided fur- Armstrong New Orleans International Air- Federal-aid highways, including the Na- ther, That of the funds provided under this port. tional Scenic and Recreational Highway as

VerDate jul 14 2003 03:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.010 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7863 authorized by 23 U.S.C. 148, not otherwise (5) distribute the obligation limitation pro- United States Code, and highway-related provided, including reimbursement for sums vided for Federal-aid Highways less the ag- programs under chapter 4 of title 23, United expended pursuant to the provisions of 23 gregate amounts not distributed under para- States Code; and (2) that the Secretary de- U.S.C. 308, $34,000,000,000 or so much thereof graphs (1) and (2) and amounts distributed termines will not be allocated to the States, as may be available in and derived from the under paragraph (4) for each of the programs and will not be available for obligation, in Highway Trust Fund, to remain available that are allocated by the Secretary under such fiscal year due to the imposition of any until expended. title 23, United States Code (other than ac- obligation limitation for such fiscal year. (RESCISSION) tivities to which paragraph (1) applies and Such distribution to the States shall be Of the unobligated balances of funds appor- programs to which paragraph (4) applies) by made in the same ratio as the distribution of tioned to each state under the program au- multiplying the ratio determined under obligation authority under subsection (a)(6). thorized under sections 1101(a)(1), 1101(a)(2), paragraph (3) by the sums authorized to be The funds so distributed shall be available and 1101(a)(3), 1101(a)(4), and 1101(a)(5) of Pub- appropriated for such program for such fiscal for any purposes described in section 133(b) lic Law 105–178, as amended, $137,000,000 are year; and of title 23, United States Code. rescinded. (6) distribute the obligation limitation pro- (f) Obligation limitation distributed for a vided for Federal-aid Highways less the ag- fiscal year under subsection (a)(4) of this sec- FEDERAL-AID HIGHWAYS gregate amounts not distributed under para- tion for a section set forth in subsection (HIGHWAY TRUST FUND) graphs (1) and (2) and amounts distributed (a)(4) shall remain available until used and For an additional amount for Federal-aid under paragraphs (4) and (5) for Federal-aid shall be in addition to the amount of any highways and highway safety construction highways and highway safety construction limitation imposed on obligations for Fed- programs pursuant to title 23, United States programs (other than the minimum guar- eral-aid highway and highway safety con- Code, $400,000,000, to be derived from the antee program, but only to the extent that struction programs for future fiscal years. Highway Trust Fund (other than the Mass amounts apportioned for the minimum guar- SEC. 111. Notwithstanding any other provi- Transit Account) and to remain available antee program for such fiscal year exceed sion of law, whenever an allocation is made until expended: Provided, That amounts $2,639,000,000, and the Appalachian develop- of the sums authorized to be appropriated for under this heading shall be distributed in the ment highway system program) that are ap- expenditure on the Federal lands highway same manner as if made available under 23 portioned by the Secretary under title 23, program, and whenever an apportionment is U.S.C. 110: Provided further, That the United States Code, in the ratio that— made of the sums authorized to be appro- amounts under this heading shall not be sub- (A) sums authorized to be appropriated for priated for expenditure on the surface trans- ject to, or computed against, any obligation such programs that are apportioned to each portation program, the congestion mitiga- limitation or contract authority set forth in State for such fiscal year, bear to tion and air quality improvement program, this Act or any other Act: Provided further, (B) the total of the sums authorized to be the National Highway System, the Inter- That, before such allocation and distribution appropriated for such programs that are ap- state maintenance program, the bridge pro- are made, $133,450,000 shall be retained for portioned to all States for such fiscal year. gram, the Appalachian development highway surface transportation projects. (b) The obligation limitation for Federal- system, and the minimum guarantee pro- GENERAL PROVISIONS—FEDERAL HIGHWAY aid Highways shall not apply to obligations: gram, the Secretary of Transportation shall ADMINISTRATION (1) under section 125 of title 23, United States deduct a sum in such amount not to exceed Code; (2) under section 147 of the Surface SEC. 110. (a) For fiscal year 2004, the Sec- 1.35 percent of all sums so made available, as retary of Transportation shall— Transportation Assistance Act of 1978; (3) the Secretary determines necessary to ad- (1) not distribute from the obligation limi- under section 9 of the Federal-Aid Highway minister the provisions of law to be financed tation for Federal-aid Highways amounts au- Act of 1981; (4) under sections 131(b) and 131(j) from appropriations for the programs au- thorized for administrative expenses and pro- of the Surface Transportation Assistance thorized under chapters 1 and 2 of title 23, Act of 1982; (5) under sections 149(b) and grams funded from the administrative take- United States Code, and to make transfers in 149(c) of the Surface Transportation and Uni- down authorized by section 104(a)(1)(A) of accordance with section 104(a)(1)(A)(ii) of form Relocation Assistance Act of 1987; (6) title 23, United States Code, for the highway title 23, United States Code: Provided, That under sections 1103 through 1108 of the Inter- use tax evasion program, and for the Bureau any deduction by the Secretary of Transpor- modal Surface Transportation Efficiency Act of Transportation Statistics; tation in accordance with this subsection of 1991; (7) under section 157 of title 23, (2) not distribute an amount from the obli- shall be deemed to be a deduction under sec- United States Code, as in effect on the day gation limitation for Federal-aid Highways tion 104(a)(1)(A) of title 23, United States before the date of the enactment of the that is equal to the unobligated balance of Code, and the sum so deducted shall remain Transportation Equity Act for the 21st Cen- amounts made available from the Highway available until expended. tury; and (8) under section 105 of title 23, SEC. 112. Notwithstanding 31 U.S.C. 3302, Trust Fund (other than the Mass Transit Ac- United States Code (but, only in an amount funds received by the Bureau of Transpor- count) for Federal-aid highways and highway equal to $639,000,000 for such fiscal year). safety programs for the previous fiscal year (c) Notwithstanding subsection (a), the tation Statistics from the sale of data prod- the funds for which are allocated by the Sec- Secretary shall after August 1 for such fiscal ucts, for necessary expenses incurred pursu- retary; year revise a distribution of the obligation ant to 49 U.S.C. 111 may be credited to the (3) determine the ratio that— limitation made available under subsection Federal-aid highways account for the pur- (A) the obligation limitation for Federal- (a) if a State will not obligate the amount pose of reimbursing the Bureau for such ex- aid Highways less the aggregate of amounts distributed during that fiscal year and redis- penses: Provided, That such funds shall be not distributed under paragraphs (1) and (2), tribute sufficient amounts to those States subject to the obligation limitation for Fed- bears to able to obligate amounts in addition to those eral-aid highways and highway safety con- (B) the total of the sums authorized to be previously distributed during that fiscal year struction. appropriated for Federal-aid highways and giving priority to those States having large SEC. 113. Notwithstanding any other provi- highway safety construction programs (other unobligated balances of funds apportioned sion of law: than sums authorized to be appropriated for under sections 104 and 144 of title 23, United (1) Section 1105(c) of the Intermodal Sur- sections set forth in paragraphs (1) through States Code, section 160 (as in effect on the face Transportation Efficiency Act of 1991 (7) of subsection (b) and sums authorized to day before the enactment of the Transpor- (105 Stat. 2032; 112 Stat. 191; 115 Stat. 871) is be appropriated for section 105 of title 23, tation Equity Act for the 21st Century) of amended— United States Code, equal to the amount re- title 23, United States Code, and under sec- (A) in paragraph (42), by striking ‘‘Fulton, ferred to in subsection (b)(8)) for such fiscal tion 1015 of the Intermodal Surface Trans- Mississippi,’’ the first time that it appears year less the aggregate of the amounts not portation Efficiency Act of 1991 (105 Stat. and all that follows to the end of the para- distributed under paragraph (1) of this sub- 1943–1945). graph and inserting ‘‘Fulton, Mississippi.’’; section; (d) The obligation limitation shall apply to and (4) distribute the obligation limitation for transportation research programs carried (B) by adding at the end the following: Federal-aid Highways less the aggregate out under chapter 5 of title 23, United States ‘‘(45) The United States Route 78 Corridor amounts not distributed under paragraphs Code, except that obligation authority made from Memphis, Tennessee, to Corridor X of (1) and (2) for section 201 of the Appalachian available for such programs under such limi- the Appalachian development highway sys- Regional Development Act of 1965, and tation shall remain available for a period of tem near Fulton, Mississippi, and Corridor X $2,000,000,000 for such fiscal year under sec- 3 fiscal years. of the Appalachian development highway tion 105 of title 23, United States Code (relat- (e) Not later than 30 days after the date of system extending from near Fulton, Mis- ing to minimum guarantee) so that the the distribution of obligation limitation sissippi, to near Birmingham, Alabama.’’. amount of obligation authority available for under subsection (a), the Secretary shall dis- (2) Section 1105(e)(5) of the Intermodal Sur- each of such sections is equal to the amount tribute to the States any funds: (1) that are face Transportation Efficiency Act of 1991 determined by multiplying the ratio deter- authorized to be appropriated for such fiscal (105 Stat. 2032; 115 Stat. 872) is amended— mined under paragraph (3) by the sums au- year for Federal-aid highways programs (A) in subparagraph (A) by striking ‘‘(A) IN thorized to be appropriated for such section (other than the program under section 160 of GENERAL.—The portions’’ and all that follows (except in the case of section 105, title 23, United States Code) and for carrying through the end of the first sentence and in- $2,000,000,000) for such fiscal year; out subchapter I of chapter 311 of title 49, serting:

VerDate jul 14 2003 03:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.010 H04PT1 H7864 CONGRESSIONAL RECORD — HOUSE September 4, 2003

‘‘(A) IN GENERAL.—The portions of the gible under section 184 of title 23, United under section 350 of the Department of routes referred to in subsection (c)(1), sub- States Code, and shall be funded under sec- Transportation and Related Agencies Appro- section (c)(3) (relating solely to the Ken- tion 188 of title 23, United States Code: Pro- priations Act, 2002, $47,000,000, to be derived tucky Corridor), clauses (i), (ii), and (except vided further, That the Secretary may revise from the Highway Trust Fund (other than with respect to Georgetown County) (iii) of the interest rate or modify other terms of the Mass Transit Account) and to remain subsection (c)(5)(B), subsection (c)(9), sub- the existing loan agreement to the extent available until expended. sections (c)(18) and (c)(20), subsection (c)(36), that the marginal budgetary costs, if any, of GENERAL PROVISIONS—FEDERAL MOTOR subsection (c)(37), subsection (c)(40), sub- such modifications do not exceed $80,000,000 CARRIER SAFETY ADMINISTRATION section (c)(42), and subsection (c)(45) that are and are funded under section 188 of title 23, SEC. 130. Notwithstanding any other provi- not a part of the Interstate System are des- United States Code. sion of law, whenever an allocation is made ignated as future parts of the Interstate Sys- SEC. 119. (a) IN GENERAL.—As soon as prac- of the sums authorized to be appropriated for tem.’’; and ticable after the date of enactment of this expenditure on the Federal lands highway (B) by adding the following at the end of Act, the Secretary of Transportation shall program, and whenever an apportionment is subparagraph (B)(i): ‘‘The route referred to enter into an agreement with the State of made of the sums authorized to be appro- in subsection (c)(45) is designated as Inter- Nevada, the State of Arizona, or both, to pro- priated for expenditure on the surface trans- state Route I–22.’’. vide a method of funding for construction of portation program, the congestion mitiga- SEC. 114. None of the funds limited or made a Hoover Dam Bypass Bridge from funds al- tion and air quality improvement program, available in this Act shall be available to located for the Federal Lands Highway Pro- the National Highway System, the Inter- carry out 23 U.S.C. 133(d)(2). gram under section 202(b) of title 23, United state maintenance program, the bridge pro- SEC. 115. Notwithstanding any other provi- States Code. gram, the Appalachian development highway sion of law, in section 1602 of the Transpor- (b) METHODS OF FUNDING.— system, and the minimum guarantee pro- tation Equity Act for the 21st Century— (1) The agreement entered into under sub- gram, the Secretary of Transportation shall (1) item number 230 is amended by striking section (a) shall provide for funding in a deduct a sum in such amount not to exceed ‘‘Monroe County transportation improve- manner consistent with the advance con- .90 percent of all sums so made available, as ments on Long Pond Road, Pattonwood struction and debt instrument financing pro- the Secretary determines necessary, to ad- Road, and Lyell road’’ and inserting ‘‘Route cedures for Federal-aid highways set forth in minister the provisions of law to be financed 531/Brockport-Rochester Corridor in Monroe section 115 and 122 of title 23, except that the from appropriations for motor carrier safety County, New York’’. funding source may include funds made programs and motor carrier safety research: (2) Item number 1149 is amended by strik- available under the Federal Lands Highway Provided, That any deduction by the Sec- ing ‘‘Traffic Mitigation Project on William Program. retary of Transportation in accordance with Street and Losson Road in Cheektowaga’’ (2) Eligibility for funding under this sub- this subsection shall be deemed to be a de- and inserting ‘‘Study and implement mitiga- section shall not be construed as a commit- duction under section 104(a)(1)(B) of title 23, tion and diversion options for William Street ment, guarantee, or obligation on the part of United States Code, and the sum so deducted and Broadway Street in Cheektowaga, I–90 the United States to provide for payment of shall remain available until expended. Corridor Study; Interchange 53 to Inter- principal or interest of an eligible debt fi- SEC. 131. None of the funds appropriated, change 49, PIN 552830 and Cheektowaga Rails nancing instrument as so defined in section limited, or made available in this Act shall be used to implement or enforce any provi- to Trails, PIN 575508’’. 122, nor create a right of a third party sion of the Final Rule issued on April 16, 2003 (3) Item number 476 is amended by striking against the United States for payment under (Docket No. FMCSA–97–2350) as it applies to ‘‘Expand Perkins Road in Baton Rouge’’ and an eligible debt financing instrument. The operators of utility service vehicles as de- inserting ‘‘Feasibility study, design, and agreement entered into pursuant to sub- fined in 49 CFR section 395.2. construction of a connector between Lou- section (a) shall make specific reference to SEC. 132. Funds appropriated or limited in isiana Highway 1026 and I–12 in Livingston this provision of law. this Act shall be subject to the terms and Parish’’. (3) The provisions of this section do not conditions stipulated in section 350 of Public (4) Item 4 of the table contained in section limit the use of other available funds for Law 107–87, including that the Secretary sub- 1602 of the Transportation Equity Act for the which the project referenced in subsection mit a report to the House and Senate Appro- 21st Century, relating to construction of a (a) is eligible. priations Committees annually on the safety bike path in Michigan, is amended by strik- FEDERAL MOTOR CARRIER SAFETY and security of transportation into the ing ‘‘between Mount Clemens and New Balti- ADMINISTRATION United States by Mexico-domiciled motor more’’ and inserting ‘‘for the Macomb Or- MOTOR CARRIER SAFETY carriers. chard Trail in Macomb County’’. NATIONAL HIGHWAY TRAFFIC SAFETY SEC. 116. Intelligent Transportation Sys- (LIMITATION ON ADMINISTRATIVE EXPENSES) ADMINISTRATION tems appropriations made to the State of (HIGHWAY TRUST FUND) OPERATIONS AND RESEARCH Wisconsin in Public Law 105–277, Public Law For necessary expenses for administration 106–69, and Public Law 107–87 shall not be of motor carrier safety programs and motor For expenses necessary to discharge the subject to the limitations of Public Law 105– carrier safety research, pursuant to section functions of the Secretary, with respect to 178, sec. 5208(d), 23 U.S.C. sec. 502 (Notes). 104(a)(1)(B) of title 23, United States Code, traffic and highway safety under chapter 301 SEC. 117. Notwithstanding Public Law 105– not to exceed $236,753,000 shall be paid in ac- of title 49, United States Code, and part C of 178, sec. 5208(d), Intelligent Transportation cordance with law from appropriations made subtitle VI of title 49, United States Code, Systems appropriations for— available by this Act and from any available $206,178,000, of which $171,110,000 shall remain available until September 30, 2006: Provided, (1) Wausau-Stevens Point-Wisconsin Rap- take-down balances to the Federal Motor That none of the funds appropriated by this ids, Wisconsin, in Public Law 105–277 and Carrier Safety Administration, together Act may be obligated or expended to plan, fi- Public Law 106–69 shall be available for use with advances and reimbursements received nalize, or implement any rulemaking to add in the counties of Ashland, Barron, Bayfield, by the Federal Motor Carrier Safety Admin- to section 575.104 of title 49 of the Code of Burnett, Chippewa, Douglas, Iron, Lincoln, istration: Provided, That such amounts shall Federal Regulations any requirement per- Marathon, Polk, Portage, Price, Rusk, Saw- be available to carry out the functions and taining to a grading standard that is dif- yer, Taylor, Washburn, Wood, Clark, operations of the Federal Motor Carrier ferent from the three grading standards Langlade, and Oneida; and Safety Administration. (2) the City of Superior and Douglas Coun- (treadwear, traction, and temperature resist- NATIONAL MOTOR CARRIER SAFETY PROGRAM ty, Wisconsin, in Public Law 106–69 shall be ance) already in effect. available for use in the City of Superior and (LIQUIDATION OF CONTRACT AUTHORIZATION) OPERATIONS AND RESEARCH northern Wisconsin. (LIMITATION ON OBLIGATIONS) (LIQUIDATION OF CONTRACT AUTHORIZATION) SEC. 118. Notwithstanding any other provi- (HIGHWAY TRUST FUND) (LIMITATION ON OBLIGATIONS) sion of law, for the purpose of assisting in Notwithstanding any other provision of (HIGHWAY TRUST FUND) the development, construction and financing law, for payment of obligations incurred in of additional improvements to the Alameda For payment of obligations incurred in carrying out 49 U.S.C. 31102, 31106 and 31309, carrying out the provisions of 23 U.S.C. 403, Corridor, including construction of a truck $190,000,000, to be derived from the Highway expressway or other enhancements, the Sec- to remain available until expended, Trust Fund and to remain available until ex- $72,000,000, to be derived from the Highway retary of Transportation shall modify the pended: Provided, That none of the funds in loan agreement entered into with the Ala- Trust Fund: Provided, That none of the funds this Act shall be available for the implemen- in this Act shall be available for the plan- meda Corridor Transportation Authority tation or execution of programs the obliga- pursuant to Public Law 104–208 to revise the ning or execution of programs the total obli- tions for which are in excess of $190,000,000 interest rate to equal the average yield, as of gations for which, in fiscal year 2004, are in for ‘‘Motor Carrier Safety Grants’’ and ‘‘In- the date of modification of the loan agree- excess of $72,000,000 for programs authorized formation Systems’’. under 23 U.S.C. 403. ment, on marketable Treasury securities of similar maturity to the expected remaining BORDER ENFORCEMENT PROGRAM NATIONAL DRIVER REGISTER average life of the loan: Provided, That not- (HIGHWAY TRUST FUND) (HIGHWAY TRUST FUND) withstanding any other provision of law, For necessary expenses to continue the For expenses necessary to discharge the such modification shall be deemed to be eli- Border Enforcement Program authorized functions of the Secretary with respect to

VerDate jul 14 2003 03:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.010 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7865 the National Driver Register under chapter Traffic Safety Administration in accordance shall submit to the Secretary of Transpor- 303 of title 49, United States Code, $3,600,000, with section 30166(m) of title 49, United tation and the House and Senate Committees to be derived from the Highway Trust Fund, States Code, with respect to trailers rated at on Appropriations a supplemental report re- and to remain available until expended. 26,000 pounds or less gross vehicle weight. garding the business plan, which shall de- HIGHWAY TRAFFIC SAFETY GRANTS FEDERAL RAILROAD ADMINISTRATION scribe the work completed to date, any changes to the business plan, and the reasons (LIQUIDATION OF CONTRACT AUTHORIZATION) SAFETY AND OPERATIONS for such changes: Provided further, That none (LIMITATION ON OBLIGATIONS) For necessary expenses of the Federal Rail- of the funds in this Act may be used for oper- (HIGHWAY TRUST FUND) road Administration, not otherwise provided ating expenses and capital projects not ap- Notwithstanding any other provision of for, $130,922,000, of which $11,712,000 shall re- proved by the Secretary of Transportation law, for payment of obligations incurred in main available until expended. nor on the National Railroad Passenger Cor- carrying out the provisions of 23 U.S.C. 402, RAILROAD RESEARCH AND DEVELOPMENT poration’s fiscal year 2004 business plan: Pro- 405, and 410, to remain available until ex- For necessary expenses for railroad re- vided further, That none of the funds under pended, $225,000,000, to be derived from the search and development, $28,225,000, to re- this heading may be obligated or expended Highway Trust Fund: Provided, That none of main available until expended. until the National Railroad Passenger Cor- poration agrees to continue abiding by the the funds in this Act shall be available for RAILROAD REHABILITATION AND IMPROVEMENT provisions of paragraphs 1, 2, 3, 5, 9, and 11 of the planning or execution of programs the PROGRAM total obligations for which, in fiscal year the summary of conditions for the direct (LIMITATION ON DIRECT LOANS AND LOAN 2004, are in excess of $225,000,000 for programs loan agreement of June 28, 2002, in the same GUARANTEES) authorized under 23 U.S.C. 402, 405, and 410, of manner as in effect on the date of enactment which $165,000,000 shall be for ‘‘Highway The Secretary of Transportation is author- of this Act. ized to issue to the Secretary of the Treas- Safety Programs’’ under 23 U.S.C. 402, GENERAL PROVISIONS—FEDERAL RAILROAD ury notes or other obligations pursuant to $20,000,000 shall be for ‘‘Occupant Protection ADMINISTRATION section 512 of the Railroad Revitalization Incentive Grants’’ under 23 U.S.C. 405, and SEC. 150. To authorize the Surface Trans- and Regulatory Reform Act of 1976 (Public $40,000,000 shall be for ‘‘Alcohol-Impaired portation Board to direct the continued op- Law 94–210), as amended, in such amounts Driving Countermeasures Grants’’ under 23 eration of certain commuter rail passenger and at such times as may be necessary to U.S.C. 410: Provided further, That none of transportation operations in emergency situ- pay any amounts required pursuant to the these funds shall be used for construction, ations, and for other purposes: guarantee of the principal amount of obliga- rehabilitation, or remodeling costs, or for of- (a) Section 11123 of title 49, United States tions under sections 511 through 513 of such fice furnishings and fixtures for State, local, Code, is amended— Act, such authority to exist as long as any or private buildings or structures: Provided (1) in subsection (a)— such guaranteed obligation is outstanding: further, That not to exceed $8,150,000 of the (A) by inserting ‘‘failure of existing com- That pursuant to section 502 of funds made available for section 402, not to Provided, muter rail passenger transportation oper- such Act, as amended, no new direct loans or exceed $1,000,000 of the funds made available ations caused by a cessation of service by the loan guarantee commitments shall be made for section 405, and not to exceed $2,000,000 of National Railroad Passenger Corporation,’’ using Federal funds for the credit risk pre- the funds made available for section 410 shall after ‘‘cessation of operations,’’; mium during fiscal year 2004. be available to NHTSA for administering (B) by striking ‘‘or’’ at the end of para- highway safety grants under chapter 4 of NEXT GENERATION HIGH-SPEED RAIL graph (3); title 23, United States Code: Provided further, For necessary expenses for the Next Gen- (C) by striking the period at the end of That not to exceed $2,600,000 of the funds eration High-Speed Rail program as author- paragraph (4)(C) and inserting ‘‘; or’’; and made available for section 157, and $2,600,000 ized under 49 U.S.C. 26101 and 26102, (D) by adding at the end the following new of the funds made available for section 163, $28,250,000, to remain available until ex- paragraph: shall be available to NHTSA for admin- pended. ‘‘(5) in the case of a failure of existing istering highway safety grants under chapter GRANTS TO THE NATIONAL RAILROAD freight or commuter rail passenger transpor- 1 of title 23, United States Code: Provided fur- PASSENGER CORPORATION tation operations caused by a cessation of service by the National Railroad Passenger ther, That not to exceed $500,000 of the funds To enable the Secretary of Transportation Corporation, direct the continuation of the made available for section 410 ‘‘Alcohol-Im- to make grants to the National Railroad operations and dispatching, maintenance, paired Driving Countermeasures Grants’’ Passenger Corporation, $900,000,000, to re- and other necessary infrastructure functions shall be available for technical assistance to main available until September 30, 2004, in- related to the operations.’’; the States. cluding $400,000,000 for quarterly grants for (2) in subsection (b)(3)— GENERAL PROVISIONS—NATIONAL HIGHWAY operating expenses, $373,000,000 for quarterly (A) by striking ‘‘When’’ and inserting ‘‘(A) TRAFFIC SAFETY ADMINISTRATION grants for capital expenses along the North- Except as provided in subparagraph (B), east Corridor Mainline, and $127,000,000 for SEC. 140. Notwithstanding any other provi- when’’; and quarterly grants for general capital improve- sion of law, States may use funds provided in (B) by adding at the end the following new ments: Provided, That the Secretary of this Act under section 402 of title 23, United subparagraph: States Code, to produce and place highway Transportation shall approve funding to ‘‘(B) In the case of a failure of existing safety public service messages in television, cover operating losses and a long-distance freight or commuter rail passenger transpor- radio, cinema, and print media, and on the train of the National Railroad Passenger tation operations caused by a cessation of Internet in accordance with guidance issued Corporation only after receiving and review- service by the National Railroad Passenger by the Secretary of Transportation: Provided, ing a grant request for each specific train Corporation, the Board shall provide funding That any state that uses funds for such pub- route: Provided further, That each such grant to fully reimburse the directed service pro- lic service messages shall submit to the Sec- request shall be accompanied by a detailed vider for its costs associated with the activi- retary and the House and Senate Commit- financial analysis and revenue projection ties directed under subsection (a), including tees on Appropriations a report describing justifying the federal support to the Sec- the payment of increased insurance pre- and assessing the effectiveness of the mes- retary’s satisfaction: Provided further, That miums. The Board shall order complete in- sages: Provided further, That $10,000,000 of the the Secretary of Transportation and the Am- demnification against any and all claims as- funds allocated for innovative seat belt trak Board of Directors shall ensure that, of sociated with the provision of service to projects under section 157 of title 23, United the amount made available under this head- which the directed rail carrier may be ex- States Code, and $12,000,000 of funds allo- ing, sufficient sums are reserved to satisfy posed.’’; cated under section 163 of title 23, United the contractual obligations of the National (3) by adding the following new paragraph States Code, shall be used as directed by the Railroad Passenger Corporation for com- at the end of subsection (c): National Highway Traffic Safety Adminis- muter and intercity passenger rail service: ‘‘(4) In the case of a failure of existing trator, to purchase advertising in broadcast Provided further, That within 60 days of en- freight or commuter rail passenger transpor- media to support the national mobilizations actment of this Act but not later than Octo- tation operations caused by cessation of conducted in all fifty states, aimed at in- ber 1, 2003, Amtrak shall transmit to the service by the National Railroad Passenger creasing seat belt use and reducing impaired Secretary of Transportation and the House Corporation, the Board may not direct a rail driving: Provided further, That up to $2,000,000 and Senate Committees on Appropriations a carrier to undertake activities under sub- of the funds allocated under section 163 of business plan for operating and capital im- section (a) to continue such operations un- title 23, United States Code, shall be used by provements to be funded in fiscal year 2004 less— the Administrator to evaluate the effective- under section 24104(a) of title 49, United ‘‘(A) the Board first affirmatively finds ness of alcohol-impaired driving programs States Code: Provided further, That the busi- that the rail carrier is operationally capable that purchase advertising as provided by this ness plan shall include a description of the of conducting the directed service in a safe section. work to be funded, along with cost estimates and efficient manner; and SEC. 141. None of the funds made available and an estimated timetable for completion ‘‘(B) the funding for such directed service by this Act may be used for the purpose of of the projects covered by this business plan: required by subparagraph (B) of subsection enforcing compliance with 49 CFR section Provided further, That not later than October (b)(3) is provided in advance in appropria- 579.24, promulgated by the National Highway 1, 2003 and each month thereafter, Amtrak tions Acts.’’; and

VerDate jul 14 2003 03:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.010 H04PT1 H7866 CONGRESSIONAL RECORD — HOUSE September 4, 2003 (4) by adding at the end the following new until expended: Provided, That no more than East Side Access Project, NY, Phase I, subsections: $6,000,000 of budget authority shall be avail- $70,000,000; ‘‘(e) For purposes of this section, the Na- able for these purposes. Ft. Lauderdale, FL, Tri-Rail Commuter tional Railroad Passenger Corporation and TRANSIT PLANNING AND RESEARCH Project, $18,410,000; any entity providing commuter rail pas- Las Vegas, NV, Resort Corridor Fixed For necessary expenses to carry out 49 senger transportation shall be considered Guideway, $15,000,000; U.S.C. 5303, 5304, 5305, 5311(b)(2), 5312, 5313(a), rail carriers subject to the Board’s jurisdic- Los Angeles, CA, Eastside Light Rail Tran- 5314, 5315, and 5322, $24,200,000, to remain tion. sit System, $10,000,000; available until expended: Provided, That no ‘‘(f) For purposes of this section, the term Memphis, TN, Medical Center Rail Exten- more than $122,000,000 of budget authority ‘commuter rail passenger transportation’ sion, $9,247,588; shall be available for these purposes: Pro- has the meaning given that term in section Minneapolis, MN, Hiawatha Corridor Light vided further, That $5,250,000 is available to 24102(4).’’. Rail Transit (LRT), $74,980,000; provide rural transportation assistance (49 (b) Section 24301(c) of title 49, United New Orleans, LA, Canal Street Streetcar U.S.C. 5311(b)(2)), $4,000,000 is available to States Code, is amended by inserting Project, $23,921,373; carry out programs under the National Tran- ‘‘11123,’’ after ‘‘except for sections’’. New York, Second Avenue Subway, sit Institute (49 U.S.C. 5315), $8,250,000 is FEDERAL TRANSIT ADMINISTRATION $3,000,000; available to carry out transit cooperative re- Newark, NJ, Rail Link (NERL) MOS1, ADMINISTRATIVE EXPENSES search programs (49 U.S.C. 5313(a)), $60,385,600 $22,566,022; For necessary administrative expenses of is available for metropolitan planning (49 Northern, NJ, Hudson-Bergen Light Rail the Federal Transit Administration’s pro- U.S.C. 5303, 5304, and 5305), $12,614,400 is avail- (MOS2), $100,000,000; grams, $14,500,000: Provided, That no more able for State planning (49 U.S.C. 5313(b)); Phoenix, AZ, Central Phoenix/East Valley than $72,500,000 of budget authority shall be and $31,500,000 is available for the national Light Rail Transit Project, $13,000,000; available for these purposes: Provided further, planning and research program (49 U.S.C. Pittsburgh, PA, Stage II Light Rail Tran- That of the funds available not to exceed 5314). $948,000 shall be available for the Office of sit Reconstruction, $32,243,422; TRUST FUND SHARE OF EXPENSES the Administrator; not to exceed $6,126,000 Portland, OR, Interstate MAX Light Rail shall be available for the Office of Adminis- (LIQUIDATION OF CONTRACT AUTHORIZATION) Extension, $77,500,000; tration; not to exceed $3,848,000 shall be (HIGHWAY TRUST FUND) Raleigh, NC, Triangle Transit Authority Regional Rail Project, $3,000,000; available for the Office of the Chief Counsel; Notwithstanding any other provision of Salt Lake City, UT, Medical Center LRT not to exceed $1,067,000 shall be available for law, for payment of obligations incurred in Extension, $30,663,361; the Office of Communication and Congres- carrying out 49 U.S.C. 5303–5308, 5310–5315, San Diego, CA, Mission Valley East Light sional Affairs; not to exceed $7,303,000 shall 5317(b), 5322, 5327, 5334, 5505, and sections 3037 Rail Transit Extension, $65,000,000; be available for the Office of Program Man- and 3038 of Public Law 105–178, $5,807,020,000 San Diego, CA, Oceanside-Escondido Rail agement; not to exceed $6,027,000 shall be to remain available until expended, and to be Project, $48,000,000; available for the Office of Budget and Policy; derived from the Mass Transit Account of San Juan, PR, Tren Urbano Rapid Transit not to exceed $4,328,000 shall be available for the Highway Trust Fund: Provided, That System, $43,540,000; the Office of Demonstration and Innovation; $3,071,200,000 shall be paid to the Federal Seattle, WA, Sound Transit Central Link not to exceed $2,657,000 shall be available for Transit Administration’s formula grants ac- Initial Segment, $15,000,000; the Office of Civil Rights; not to exceed count: Provided further, That $97,800,000 shall Washington, DC/MD, Largo Extension, $3,732,000 shall be available for the Office of be paid to the Federal Transit Administra- $65,000,000; Planning; not to exceed $17,697,000 shall be tion’s transit planning and research account: Washington, DC/VA, Dulles Corridor Rapid available for regional offices; and not to ex- Provided further, That $58,000,000 shall be paid Transit Project, $25,000,000; ceed $16,567,000 shall be available for the cen- to the Federal Transit Administration’s ad- Hawaii and Alaska Ferry Boats, $10,296,000; tral account: Provided further, That the Ad- ministrative expenses account: Provided fur- Oversight set-aside, $12,144,000; and ministrator is authorized to transfer funds ther, That $4,800,000 shall be paid to the Fed- San Francisco, CA, Muni Third Street appropriated for an office of the Federal eral Transit Administration’s university Light Rail Project, $10,000,000; Transit Administration: Provided further, transportation research account: Provided That no appropriation for an office shall be further, That $64,000,000 shall be paid to the Provided further, That notwithstanding any increased or decreased by more than 3 per- Federal Transit Administration’s job access other provision of law, for the purpose of cal- cent by all such transfers: Provided further, and reverse commute grants program: Pro- culating the non-New Starts share of the That any change in funding greater than 3 vided further, That $2,507,220,000 shall be paid total project cost of both phases of San percent shall be submitted for approval to to the Federal Transit Administration’s cap- Francisco Muni’s Third Street Light Rail the House and Senate Committees on Appro- ital investment grants account. Transit project for fiscal year 2004, the Sec- priations: Provided further, That not to ex- retary of Transportation shall include all CAPITAL INVESTMENT GRANTS ceed $1,000,000 shall be available for travel non-New Starts contributions made towards expenses: Provided further, That of the funds (INCLUDING TRANSFER OF FUNDS) Phase 1 of the two-phase project for engi- in this Act available for the execution of For necessary expenses to carry out 49 neering, final design and construction, and contracts under section 5327(c) of title 49, U.S.C. 5308, 5309, 5318, and 5327, $599,280,000, to also shall allow non-New Starts funds ex- United States Code, $2,000,000 shall be reim- remain available until expended: Provided, pended on one element or phase of the bursed to the Department of Transpor- That no more than $3,106,500,000 of budget project to be used to meet the non-New tation’s Office of Inspector General for costs authority shall be available for these pur- Starts share requirement of any element or associated with audits and investigations of poses: Provided further, That there shall be phase of the project: Provided further, That transit-related issues, including reviews of available for fixed guideway modernization, none of the funds provided in this Act for the new fixed guideway systems: Provided fur- $1,214,400,000; there shall be available for the San Francisco Muni’s Third Street Light ther, That not to exceed $2,200,000 for the Na- replacement, rehabilitation, and purchase of Rail Transit Project shall be obligated if the tional transit database shall remain avail- buses and related equipment and the con- Federal Transit Administration determines able until expended. struction of bus-related facilities, that the project is found to be ‘‘not rec- FORMULA GRANTS $677,700,000; and there shall be available for ommended’’ after evaluation and computa- new fixed guideway systems $1,214,400,000, to tion of revised transportation system user (INCLUDING TRANSFER OF FUNDS) be available as follows: benefit data. For necessary expenses to carry out 49 Baltimore, MD, Central Light Rail Double Mr. ISTOOK (during the reading). Mr. U.S.C. 5307, 5308, 5310, 5311, 5327, and section Track Project, $40,000,000; Chairman, I ask unanimous consent 3038 of Public Law 105–178, $767,800,000, to re- BART San Francisco Airport (SFO), CA, main available until expended: Provided, that the remainder of the bill through Extension Project, $100,000,000; page 51, line 10 be considered as read, That no more than $3,839,000,000 of budget Boston, MA, Silver Line Phase III, authority shall be available for these pur- $3,000,000; printed in the RECORD, and open to poses: Provided further, That notwithstanding Charlotte, NC, South Corridor Light Rail amendment at any point. section 3008 of Public Law 105–178, $50,000,000 Project, $4,000,000; The CHAIRMAN. Is there objection of the funds to carry out 49 U.S.C. 5308 shall Chicago Transit Authority, IL, Douglas to the request of the gentleman from be transferred to and merged with funding Branch Reconstruction, $85,000,000; Oklahoma? provided for the replacement, rehabilitation, Chicago, IL, Metra Commuter Rail Expan- There was no objection. and purchase of buses and related equipment sions and Extensions, $52,000,000; and the construction of bus-related facilities The CHAIRMAN. Are there points of Chicago, IL, Ravenswood Reconstruction, order? under ‘‘Federal Transit Administration, Cap- $45,000,000; POINTS OF ORDER ital investment grants’’. Dallas, TX, North Central Light Rail Ex- UNIVERSITY TRANSPORTATION RESEARCH tension, $30,161,283; Mr. MICA. Mr. Chairman, I have For necessary expenses to carry out 49 Denver, CO, Southeast Corridor LRT (T- three points of order, and I would like U.S.C. 5505, $1,200,000, to remain available REX), $80,000,000; to take them one at a time.

VerDate jul 14 2003 03:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.010 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7867 The CHAIRMAN. The gentleman will Mr. Chairman, I make a point of If not, the point of order is conceded state his points of order. order against all of section 105 which and sustained, and that paragraph is Mr. MICA. Mr. Chairman, I make a begins on page 14, line 16 through page stricken from the bill. point of order against the provision 15, line 2. That section authorizes the Mr. PETRI. Mr. Chairman, I make a found on page 9 beginning on line 14 Federal Aviation Administration to ac- point of order against section 110 which and ending on line 15. The phrase ‘‘to cept funds from an airport sponsor to begins on page 18 and ends on page 23, be derived from the Airport and Airway expedite the environmental review line 15. Section 110 specifies the dis- Trust Fund and.’’ This is an unauthor- process for airport projects that would tribution of funds for the Federal-aid ized appropriations from the Airport add critical airport capacity to the Na- Highways Program. I expect that this and Airway Trust Fund in violation of tional Air Transportation System. The Congress will extend the existing high- clause 2 of rule XXI. conference report on H.R. 15 contains a way program for a period of time. If we Mr. YOUNG of Florida. Mr. Chair- provision that is similar but, in fact, do so, this provision will create confu- man, I am disappointed that my col- broader in scope. The language in H.R. sion and conflict and is unnecessary. league from Florida made this point of 15 will allow the FAA to accept funds This entire section is legislative in na- order, but in the event that he did, I from an airport sponsor in order to fa- ture, in violation of clause 2 of rule must insist that the point of order be cilitate the timely processing, review XXI. applied to the entire paragraph and not and completion of environmental ac- The CHAIRMAN. Does any Member only to provisions within the para- tivities associated with any airport de- wish to be heard on the point of order? graph to which the gentleman from the velopment project. Mr. ISTOOK. Mr. Chairman, although authorizing committee objects. To avoid the confusion that could the effect of this point of order would The CHAIRMAN. The point of order arise from the enactment of two incon- be to remove the distribution formula is extended to the entire paragraph. sistent provisions, I object to section and leave us in limbo, which we hope to 105 on the grounds that it is legislative Does any other Member wish to be ultimately correct, nevertheless, we in nature and in violation of clause 2, heard on the point of order? must concede the point of order. rule XXI. Mr. ISTOOK. Mr. Chairman, we The CHAIRMAN. Anyone wishing to The CHAIRMAN. Does any Member would concede the point of order as ex- wish to be heard on the point of order? be heard? tended as the Chair has stated to the Mr. ISTOOK. Mr. Chairman, we If not, the point of order is conceded entire paragraph. would concede this point of order. and sustained, and section 110 is strick- The CHAIRMAN. The point of order The CHAIRMAN. The point of order en from the bill. is conceded and sustained. That para- is conceded and sustained, and section Mr. PETRI. Mr. Chairman, I make a graph is stricken from the bill. 105 is stricken from the bill. point of order against section 111 which Mr. MICA. Mr. Chairman, I have a Mr. PETRI. Mr. Chairman, I have 15 begins on page 23, line 16 and ends on second point of order. points of order to the bill. page 24, line 12. Section 111 increases Mr. Chairman, I make a point of The CHAIRMAN. The gentleman will the Federal Highway administrative order against the provision found on state his point of order. takedown authorized in 23 USC 104(a) page 12 beginning with the word ‘‘for’’ Mr. PETRI. Mr. Chairman, on behalf from one and one-sixth percent to 1.35 on line 12 through ‘‘49 USC 44706’’ on of the Committee on Transportation percent. It would also waive existing line 16 and again on page 12, line 22 be- and Infrastructure, I make a point of law. This is legislative in nature, in ginning with the words ‘‘provided fur- order against the provision found on violation of clause 2 of rule XXI. ther’’ through page 13, line 2. This page 17, lines 6 through 11. This provi- Mr. ISTOOK. Mr. Chairman, we un- would fund administrative expenses of sion would rescind $137 million in unob- fortunately must concede the point of the Airport Improvement Program, ligated balances of Highway Contract order. AIP, and the cost of the Small Commu- Authority. The CHAIRMAN. The point of order nity Air Service Development Pilot Under this provision, each State De- is conceded and sustained, and section Program from contract authority that partment of Transportation would lose 111 is stricken from the bill. is authorized only for airport grants, funds from the Surface Transportation Mr. PETRI. Mr. Chairman, I make a not administrative expenses or other Program, the Congestion Mitigation point of order against the last two pro- programs. It would also waive existing Air Quality Program, the National visos of section 118 on page 28, line 19 law. Both the proviso and this related Highway System Program, the Inter- beginning with ‘‘provided’’ and through language are legislative in nature and, state Maintenance Program, and the page 29, line 3. therefore, in violation of clause 2 of Bridge Program. This will reduce each Section 118 directs the Secretary of rule XXI. State’s ability to move funds from one Transportation to modify a specific Mr. YOUNG of Florida. Mr. Chair- category to another within its obliga- loan agreement and to have the pro- man, again, I must insist that the tion limitation and will be particularly posed loan modification funded under harmful given that States may soon point of order be applied to the entire the Transportation and Infrastructure need to use their unobligated balances paragraph and not only to provisions Finance and Innovation Act Program. to continue their programs pending en- within the paragraph to which the gen- By statute, eligibility for federally actment of a long term reauthorization tleman from the authorizing com- guaranteed loans under the TIFIA pro- of surface transportation programs. gram is determined by the Secretary of mittee objects. The creation and recision of contract The CHAIRMAN. Does any Member Transportation in accordance with rig- authority is the exclusive jurisdiction wish to be heard on the point of order? of the Committee on Transportation orous and selective criteria. It also Mr. ISTOOK. Mr. Chairman, to the and Infrastructure. This decision is leg- waives existing law. Waiving existing extent that it applies to the entire islative in nature and in violation of law is legislative in nature and violates paragraph, namely, from line 1 on page clause 2 of rule XXI. clause 2 of House rule XXI. 12 through line 2 on page 13, to that ex- The CHAIRMAN. Does any Member The CHAIRMAN. Does any Member tent, applying to that entirety, we wish to be heard on the point of order? wish to be heard? would concede the point of order, but Mr. ISTOOK. Mr. Chairman, although Mr. ISTOOK. Mr. Chairman, I feel the only to that extent. the effect of the amendment, unfortu- need to speak a little bit in greater The CHAIRMAN. Does anyone else nately, is to add $137 million which we length because of the consequences of wish to be heard on the point of order? do not have in the budget authority to this point of order. If not, the point of order is conceded the underlying bill, thereby compli- This point of order would strike the and sustained and the paragraph is cating the efforts to ultimately final two provisos in section 218 but stricken from the bill. achieve a successful conference with leave intact the remainder of that sec- Mr. MICA. Mr. Chairman, I have a the Senate, nevertheless, we must con- tion. Those provisos that would be third and final point of order I would cede that the point of order is correct. stricken would ensure that the loan re- like to offer on behalf of myself and The CHAIRMAN. Does any other financing of the Alameda Corridor the Committee on Transportation and Member wish to be heard on the point Transportation Authority are sub- Infrastructure. of order? sumed, that is, contained within the

VerDate jul 14 2003 03:57 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.060 H04PT1 H7868 CONGRESSIONAL RECORD — HOUSE September 4, 2003 Transportation Infrastructure Finance the rules of the House of Representa- Mr. ISTOOK. Mr. Chairman, despite Innovation Act and thereby would tives. the negative consequences, we believe limit the overall expense of this refi- The CHAIRMAN. Is there any Mem- we must concede this point of order. nancing to $80 million. ber wishing to be heard on the point of The CHAIRMAN. The point of order The effect of the amendment is to in- order? is conceded and sustained, and those crease, again, the cost of our bill by up- Mr. YOUNG of Florida. Mr. Chair- two provisos are stricken from the bill. wards of $160 to $170 million in budget man, again, I must insist that the Mr. PETRI. Mr. Chairman, I make a authority and a similar number in out- point of order be applied to the entire point of order against the proviso that lays. paragraph and not just to the provision begins at the end of line 16 on page 45 The reason the committee included within the paragraph to which the gen- through line 23. This proviso purports section 118 as written is to ensure that tleman from the authorizing com- to transfer $50 million provided by TEA the refinancing of the Alameda Cor- mittee objects. for the clean fuels bus formula grant ridor Transportation Authority can be The CHAIRMAN. Is there any other program to the transit bus discre- funded through the Transportation In- Member wishing to be heard? tionary grant program, where it is dis- frastructure Finance and Innovation Mr. ISTOOK. Mr. Chairman, to the tributed not by the statutory formula Act Program and that the cost of that extent that the point of order is cor- envisioned in TEA but rather by ear- refinancing to the Federal Government rectly applied against the entire para- marks in report language. It also will not exceed $80 million. graph, namely, the text from page 31, waives existing law. This proviso is leg- If the point of order is sustained, the lines 14 through lines 21 to its entirety islative in nature in violation of rule refinancing costs will no longer be lim- and not just to a portion thereof, to XXI. ited and it cannot be paid for from the that extent and only that extent we The CHAIRMAN. Is there any Mem- TIFIA program. The effect of the elimi- would concede the point of order. ber wishing to be heard on the point of nation of these provisos may cause the The CHAIRMAN. Are there any other order? Congressional Budget Office to in- Members wishing to be heard on the Mr. ISTOOK. Mr. Chairman, we con- crease their scoring of the bill by the point of order? The point of order is cede this point of order. $160 to $170 million. That would put the conceded and sustained, and the para- The CHAIRMAN. The point of order bill well over our 302(b) allocation. graph is stricken from the bill. is conceded and sustained, and that Mr. PETRI. Mr. Chairman, I make a proviso is stricken from the bill. b 1415 point of order against all of section 130 Mr. PETRI. Mr. Chairman, I make a We have already had another point of which begins on page 31, line 24. This point of order against the phrase ‘‘Not- order that pushed us above that alloca- section authorizes an administrative withstanding any other provision of tion. We cannot afford this change. The takedown that exceeds the one-third of law’’ found on page 46, line 25. This lan- effect of sustaining the point of order 1 percent administrative takedown au- guage clearly constitutes legislation could be to make it impossible to do thorized by section 104(a)(1)(B) of Title on an appropriations bill in violation of this refinancing that is crucial in the 23. It also violates existing law. This clause 2 of rule XXI of the rules of the Alameda corridor. So I would ask the increase is legislative in nature in vio- House of Representatives. gentleman to consider the serious fi- lation of rule XXI. The CHAIRMAN. Does any Member nancial effect of his point of order and The CHAIRMAN. Is there any Mem- wish to be heard on the point of order? Mr. ISTOOK. Mr. Chairman, we con- consider withdrawing the point of ber wishing to be heard? cede this point of order. order. Mr. ISTOOK. Mr. Chairman, we con- The CHAIRMAN. The point of order The CHAIRMAN. Do any other Mem- cede this point of order against this is conceded and sustained, and that bers wish to be heard on the point of section. order? If not, the Chair finds that this language is stricken from the bill. The CHAIRMAN. The point of order Mr. PETRI. I have additional points provision explicitly supersedes existing is conceded and sustained, and section of order, but they are starting on page law. The provision, therefore, con- 130 is stricken from the bill. 51 which would that be in order at this stitutes legislation in violation of Mr. PETRI. Mr. Chairman, I make a point? clause 2 of rule XXI. The point of order point of order against the phrase ‘‘Not- The CHAIRMAN. Does the gentleman is sustained, and section 118 is stricken withstanding any other provision of seek to raise a point of order on page from the bill. law’’ found on page 34, line 24. This lan- 50? Mr. PETRI. Mr. Chairman, I make a guage clearly constitutes legislation Mr. PETRI. No. Page 51, line 12 is my point of order against the phrase ‘‘Not- on an appropriations bill in violation of next point of order. withstanding any other provision of clause 2 of rule XXI of the rules of the The CHAIRMAN. The bill is read law’’ found on page 31, line 5. This lan- House of Representatives. only through line 10 on page 51. Are guage clearly constitutes legislation The CHAIRMAN. Is there any Mem- there any other points of order against on an appropriations bill in violation of ber wishing to be heard on the point of provisions in his portion of the bill? If clause 2 of rule XXI of the rules of the order? not, are there any amendments? House of Representatives. Mr. ISTOOK. Mr. Chairman, we con- AMENDMENT OFFERED BY MR. ISTOOK The CHAIRMAN. Does any Member cede this point of order. Mr. ISTOOK. Mr. Chairman, I offer wish to be heard on the gentleman’s The CHAIRMAN. The point of order an amendment. point of order? is conceded and sustained, and that The Clerk read as follows: Mr. ISTOOK. Mr. Chairman, we con- language is stricken from the bill. Amendment offered by Mr. ISTOOK: cede this point of order. Mr. PETRI. Mr. Chairman, I make a On page 6, line 9 of the bill, delete The CHAIRMAN. The point of order point of order against the two provisos ‘‘$6,000,000,000’’ and insert in lieu thereof is conceded and sustained, and that which begin on page 36, line 17 starting ‘‘$4,043,000,000’’. language is stricken from the bill. with the words ‘‘provided further’’ Mr. ISTOOK. Mr. Chairman, this is a Mr. PETRI. Mr. Chairman, I make a through page 37, line 5. These provisos very simple and straightforward point of order against the phrase ‘‘to be of section 104 earmark the manner in amendment. It lowers the amount for derived from the Highway Trust Fund which certain safety-related grants are the Federal Aviation Administration’s (other than the Mass Transit Ac- to be used by the States. These unau- operating budget that would be coming count)’’ on page 31, lines 19 through the thorized earmarks reduce both the from the Aviation Trust Fund, chang- word ‘‘account’’ on line 21. This section amount of funding available to the ing the amount that comes from the appropriates $47 million from the High- States and the States’ discretion in the Aviation Trust Fund from $6 billion to way Trust Fund for the border enforce- use of these funds. I object to these $4.043 billion. The remainder, however, ment program. There is no current au- earmarks on the grounds that they are would remain appropriated, but from thorization of a border enforcement unauthorized, in violation of rule XXI. general revenue. program. This language clearly con- The CHAIRMAN. Is there any Mem- The amended figure is the amount stitutes an unauthorized appropriation ber wishing to be heard on this point of that would be allowed under the cur- in violation of clause 2 of rule XXI of order? rent aviation authorization if it were

VerDate jul 14 2003 04:06 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.061 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7869 to be extended until fiscal year 2004. These are private sector. This is not What we are asking for is a pittance The amount originally under the bill, public. These are private sector entre- compared to what the losses have been. the $6 billion, was the amount proposed preneurs, businessmen and -women who Originally I think the amendment was by the administration in the Presi- have invested their dollars in the oper- $15 million. It is now $8.2 million. dent’s budget. ations of these general aviation air- I do want to indicate that these air- The effect is that the funding in the ports. In fact, the only airports in the ports I think are three small ones, in bill for this purpose will remain the country that are closed or severely re- Maryland, perhaps Virginia, and there same. It will remain $6 billion of over- stricted to incoming and outgoing gen- is, of course, the larger one here in the all funding. It is just that the source eral aviation are Reagan National Air- District. They said whatever regula- will be slightly over $4 billion from the port and the three D.C. general avia- tions, in fact, that we come forward Aviation Trust Fund and slightly tion airports. with they will meet. Instead they have under $2 billion in general revenue I might say that I offer this amend- been closed. At the very least what we fund. ment on behalf of the gentleman from have got here is close to a taking. We The Committee on Transportation Virginia (Mr. TOM DAVIS) and others ought to compensate them somewhat and Infrastructure had raised an objec- and the gentleman from Virginia (Mr. for what they have done. We com- tion to the higher Aviation Trust Fund TOM DAVIS) is here. He can speak for pensated all the other airlines. There is figure. They had suggested a potential himself. As a result, these small air- no other commercial aviation in the point of order might lie against it as an ports, specifically College Park Air- United States, indeed in the world, unauthorized appropriation. So we port, Potomac Airfield, Washington that is closed today except in this re- worked this out with the authorizers, Executive, and National, National is gion. We ask for forbearance and for some and I know of no objection to it. not on the brink of financial collapse, compensation. That is all it would be, This does not add funding to the bill. obviously, because it is associated with some compensation. This does not take funding from the a large public airport. The other three Mr. HOYER. Mr. Chairman, I thank bill. It only changes the mix of general airports, however, are not in that situ- the gentlewoman for her work and her fund and trust fund dollars used to fi- ation. They survive or fail solely on cosponsorship of this amendment and nance the FAA. the revenues from their general avia- her comments. I ask for adoption of the amendment. tion, and they are in dire straits. These Mr. TOM DAVIS of Virginia. Mr. The CHAIRMAN. Is there any Mem- airports have been forced to nearly Chairman, will the gentleman yield? ber seeking time in opposition to the cease their operations, effectively en- Mr. HOYER. I yield to the gentleman amendment? dangering the livelihood of their em- from Virginia. If not, the question is on the amend- ployees who have lost income and jobs Mr. TOM DAVIS of Virginia. Mr. ment offered by the gentleman from and airport owners who have lost long- Chairman, I appreciate my friend from Oklahoma (Mr. ISTOOK). time customers and almost all of their Maryland for taking leadership on this, The amendment was agreed to. revenue. and my colleague from the District. I The CHAIRMAN. Are there further There is no doubt that we must stem have asked the chairman of the sub- amendments? the tide of economic decline for general committee, I know he is interested in AMENDMENT NO. 10 OFFERED BY MR. HOYER aviation. This industry is a proven in- this as well. Mr. HOYER. Mr. Chairman, I offer an tegral part of the Nation’s economy, This is something that 9/11 shut these amendment. providing vital service and economic airports down. They are actually very, The CHAIRMAN. The Clerk will des- stability to individual families, very important to the Nation’s secu- ignate the amendment. churches, hospitals, colleges, industry, rity here in terms of ingress and The text of the amendment is as fol- small businesses and communities. egress, and we have, I think, a national lows: Aviation transportation in Maryland interest in preserving these. As was Amendment No. 10 offered by Mr. HOYER: is a $1.3 billion industry. My amend- stated before, it is just a pittance, but Page 2, line 8, after the first dollar amount ment is, therefore, very simple. It will it is important to keep them economi- insert the following: ‘‘(increased by reimburse these general aviation air- cally viable. $8,268,000)’’. ports for the security costs incurred Let me ask the chairman of the com- Page 5, line 21, after the dollar amount in- and revenue foregone because of gov- mittee can he work with us to make sert the following: ‘‘(reduced by $8,268,000)’’. ernment restriction. sure that in conference this money is Mr. HOYER. Mr. Chairman, the effect Let me say, I have had discussions included if he is not comfortable with of this amendment will be to transfer with Sean O’Keefe, who is now the ad- where this money is coming from at $8.2 million from the construction fund ministrator of NASA, but who was the this point. for the transportation building which deputy administrator of OMB. He be- b 1430 we have cleared cannot be spent this lieves this is fair. Secretary Mineta Mr. ISTOOK. Mr. Chairman, will the year in 2004. It will be spent in 2006, and testified before our subcommittee that gentleman yield? we did not want to damage that build- this was their proposal that this be Mr. HOYER. I yield to the gentleman ing because we are very strong sup- done, and there is legislation pending from Oklahoma. porters of that building, and put $8.26 to accomplish that, but obviously it Mr. ISTOOK. Mr. Chairman, I very million for the general aviation air- needs an appropriation. much appreciate the comments of each ports into the Washington metropoli- Mr. Chairman, I want to yield to the of the gentlemen. As I believe everyone tan area. I would like to speak about it gentlewoman from the District of Co- is aware, originally my mark as chair- and then have a little discussion with lumbia (Ms. NORTON) who represents man included funds for this purpose the chairman and then perhaps take the District of Columbia and National when it came out of the subcommittee. some action and we can work on this Airport. Unfortunately, when other extremely later. Ms. NORTON. Mr. Chairman, will the large demands were imposed upon the In the aftermath, Mr. Chairman, of gentleman yield? bill, including demand for Amtrak and the September 11 terrorist attacks, the Mr. HOYER. I yield to the gentle- other things, this and many other Federal Aviation Administration woman from the District of Columbia. worthwhile things had to be dropped issued temporary flight restrictions on Ms. NORTON. Mr. Chairman, I sim- out of the bill in full committee in that the small aircraft of general aviation ply want to thank the gentleman for process. Nevertheless, the underlying as part of its efforts to make commer- the leadership he has given to this equities, I think, are very much as the cial air travel safer. Unfortunately, issue to mitigate some of the almost gentleman has stated. while those restrictions were lifted for total losses of the airports in this dis- The CHAIRMAN. The time of the general aviation in the entire rest of trict which handle charter flights and gentleman from Maryland (Mr. HOYER) the country, small airports in the commercial flights. This is the Na- has expired. Washington metropolitan area have tion’s Capital. One can imagine a (By unanimous consent, Mr. HOYER continued to languish under binding re- major business destination without was allowed to proceed for 3 additional strictions of their operations. any charter flights for almost 2 years. minutes.)

VerDate jul 14 2003 04:06 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.074 H04PT1 H7870 CONGRESSIONAL RECORD — HOUSE September 4, 2003 Mr. HOYER. Mr. Chairman, I con- The CHAIRMAN. Is there objection provision in the Aviation Reauthoriza- tinue to yield to the chairman of the to the request of the gentleman from tion Act that authorizes funds to help subcommittee Maryland? general aviation activities that have Mr. ISTOOK. I thank the gentleman, There was no objection. been hurt by these security restric- Mr. Chairman. Mr. MORAN of Virginia. Mr. Chair- tions. With the adoption of the Hoyer As I was mentioning, this and many man, I move to strike the last word. amendment, we would be able to fulfill other meritorious things, unfortu- Mr. Chairman, I rise in support of the legislation’s intent and actually nately, had to be dropped out in full this amendment offered by my good provide some very needed relief to committee not because they lacked friend, the gentleman from Maryland, those businesses that are suffering merit but simply because of the fund- as well as the gentleman from Virginia through no fault of their own. ing restrictions. (Mr. TOM DAVIS), the gentleman from This is a Federal responsibility. We As I have certainly told the gen- Virginia (Mr. WOLF); and I know sev- really ought to fund the Hoyer amend- tleman from Maryland, the gentleman eral of the Senators in this area are ment. We ought to get these businesses from Virginia, and the gentlewoman supporting this as well. This is terribly back on their feet. They have a right to from the District of Columbia, I remain important to our economy in the Wash- recover from 9–11 too. committed to addressing this. I believe ington region, but also to the Nation’s Mr. HOYER. Mr. Chairman, will the the equities are there. Frankly, I be- economy. gentleman yield? lieve the government is open to an in- We have pretty much recovered on Mr. MORAN of Virginia. I yield to verse condemnation litigation that the surface of things from 9–11, at least the gentleman from Maryland. Mr. HOYER. Mr. Chairman, I just would cost us even more. So it is some- we have rebuilt the Pentagon, we are want to thank the gentleman for his now functioning as well as we can at thing I do hope we can accomplish in leadership in this effort as well. He and National Airport in terms of commer- the conference process with the Senate. I have worked very closely on this cial jets and we are responding to na- I stated that previously, and origi- issue and he has been very focused on nally had that intent and put that in tional and international challenges. National and the other three airports. my original chairman’s mark. So while But general aviation is in the same sit- It is certainly ironic that we are I remain committed to that objective, uation it was when it was closed as a making efforts, I think appropriate ef- it is just that we had to balance this result of the tragedy of September 11, forts, to fund infrastructure in Iraq; with the overall figures in the ultimate 2001. This is unfair. It is wrong. We but we cannot compensate business House-Senate conference. But I most have to do something about it. people who were damaged by 9–11 and definitely am committed to working Outside the infrequent use of official who are almost driven out of business with my colleagues towards the same government planes, general aviation at a very, as the chairman said, at a goal. operations at National Airport are pro- relatively nominal sum. So I hope with Mr. HOYER. Reclaiming my time, hibited. There were more than 60,000 the chairman’s leadership we will be Mr. Chairman, I thank the chairman business aviation flights a year at Na- able to do this in conference. for his comments and would remind my tional Airport. It was not the kind of Mr. MORAN of Virginia. Mr. Chair- colleagues that we have given billions mom and pop Cessnas and Piper Cubs man, reclaiming my time, I thank the of dollars to the airlines, these are bil- that were bringing visitors to Wash- gentleman very much and would add lion dollar corporations, as a result of ington to tour the Capitol and the mu- one last word. This is not a security 9–11. These three little airports, plus seums; it was business executives, top threat. We know everybody that is on National Airport, are the only private government officials, and CEOs who these planes, and they are the last peo- business people so situated in the air- need their own aircraft and need the ef- ple that would engage in any kind of line industry who have not received ficiency of an airport close to the city terrorism. It is a much safer passenger compensation. And they, unlike the to do their business. list, I have to say, than the normal airlines per se, are losing their entire This is hurting Washington’s econ- population that gets on a commercial investments because of their inability omy, and it is devastating a company airline flight. We don’t really know to operate these airlines. like Signature Flight Support, which is much about them except what they I appreciate the chairman’s observa- the sole provider of general aviation might be carrying in their shoes or tions with respect to the equities of the services at National Airport. They something. claim here. I also appreciate the obser- were generating revenues of $20 million This is not a security issue; it is an vation of the chairman and the gentle- a year. They had hundreds of employ- economic issue and an issue of fairness. woman from the District of Columbia ees. Those people are out of a job. Sig- General aviation needs to be opened. that we may be subject to a lawsuit nature Flight Support has lost about $3 AMENDMENT OFFERED BY MR. PETRI which we would lose because this is in million, $1 million a year, and it is Mr. PETRI. Mr. Chairman, I offer an fact an effective taking of their prop- hemorrhaging money every single day. amendment. erty without due process. None of these Under the terms of its lease, it is re- The Clerk read as follows: folks want to damage the security of quired to staff and operate National Amendment Offered by Mr. PETRI: this region or the White House or the Airport 24 hours a day, 7 days a week Strike section 114 of the bill and redesig- nate subsequent sections of the bill accord- Capitol. They understand our concern. regardless of whether there is any de- ingly. But we certainly need to compensate mand for its services. For 8 months, Mr. PETRI. Mr. Chairman, I am them. the Department of Transportation joined by the gentleman from Massa- In light of the fact the chairman has worked with them. They said that they chusetts (Mr. OLVER) and several other indicated his willingness to work with were going to be able to open the air- Members in offering an amendment us to try to ensure the funding, I be- port, and it encouraged Signature to that would strike section 114 of the lieve $8.2 million which we have in here stay in business. But then on July 19 of bill. is the approximate amount for Na- 2002, Secretary Mineta informed air- This provision, as described in the tional, a larger sum, and then a much port officials that general aviation committee report, ‘‘discontinues the smaller sum for the other three; and I would remain closed indefinitely for se- mandatory 10 percent set-aside from believe that the sum from which we curity reasons. They have lost too the surface transportation program for have taken it will not in any way ad- much money. They have had to lay off the transportation enhancement pro- versely affect the Transportation De- too many people, and it is not fair to gram.’’ partment’s building going forward be- expect them to maintain Federal Gov- Mr. Chairman, this is wrong on many cause of the scheduling of those ex- ernment planes when that is not their levels, and the provision should be penditures; but because the chairman job. Their job is to service all of gen- stricken from the bill. Over the last 12 has made that representation, I will eral aviation, and we shouldn’t be pre- years, enhancements have become an withdraw the amendment. venting them from doing their job. appreciated and important part of our Mr. Chairman, I ask unanimous con- This has not gone unnoticed by the transportation program. Though indi- sent to withdraw the amendment at House, and I want to thank those on vidual projects are not costly, enhance- this time. the authorizing committee. There is a ments nevertheless pack a big punch in

VerDate jul 14 2003 05:35 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.101 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7871 terms of promoting economic growth what we are talking about here. We are mandment. That is what the amend- and tourism. They fund bike paths that talking about money that comes from ment is about. The bill gives them a are enjoyed by families on a Saturday the fuel taxes. When we drive a car or choice. The amendment says States do morning. They complete street-scape we drive a truck, we pay a fuel tax. not have a say, they must take the projects that revitalize the neighbor- Where does that money go? Right now, money paid by drivers and put it into hood. They improve our quality of life for every $6 in fuel taxes paid, $1 never things that do not move as many peo- and have become important to commu- even goes back to highways because it ple and do not move the goods and do nities across our country. All of them goes to mass transit funding. not relieve the congestion and do not have a transportation-related purpose. That is one of the reasons that we improve safety. They are definitely It has been said that we need to give have a $400 billion backlog in road nice things to have, but when we have State transportation departments the needs in this country. That is one of limited money, we have to make tough flexibility to decide how to spend their the reasons we have tens of thousands decisions. We are tying to make the money. Well, the American Association of unsafe bridges. It is one of the rea- tough decisions. of State Highway and Transportation sons we have tens of thousands of miles I hope that every Member that Officials, which is known by the phrase of roads that need improvement, that thinks they have roads that are impor- AASHTO, support the amendment. need to be safer, that need wider shoul- tant in their community will remem- They have come to value the contribu- ders or better dividing. It is one of the ber whether they voted to say our com- tions of this program. reasons we lose billions of dollars each munities should be able to address In reference to diversions, I would year in productivity because we do not those needs, or Washington is dictating like to point out that nonhighway rec- necessarily pick our priorities right. and saying they have no say in the reational users contribute, according It is not a question of whether it is matter, States are compelled to take 10 to the estimate of the Treasury De- nice and whether people say, yes, we percent of their surface transportation partment and the Transportation De- would like to have a program to build dollars and take them away from the partment, up to $268 million a year in more bike trails and pedestrian ways, people who paid at the pump for roads. gas taxes to the highway trust fund. I and what has not been mentioned is And do not tell me we need to adjust trust that in the last several decades that this money also goes for things fuel taxes upward if we are not using recreational users still have contrib- like transportation museums and so the money rightly that we get right uted more than they have received forth. Of course people want that now. If we are not using the money for since we created this program. money. But if we ask them what is the intended purpose, if we are not It has been said that we need to more important to them, is it more im- honoring a trust fund principle and eliminate the enhancements program portant to have the enhancements or using user fees properly, for goodness because we are billions short for cov- to take care of the basics, this bill says sake, do not be asking to raise the fuel ering our basic highway and bridge that rather than having to take 10 per- tax. There is some money paid by rec- needs. I am glad there is recognition of cent, as the current standard requires, reational people. We have $50 million the need to invest in our transpor- 10 percent of the surface transportation in an off-road fund already to pay for tation systems, but I daresay that dollars and put them into the transpor- trails. We have millions more in other eliminating this $600 million program tation enhancements, the pedestrian provisions in this bill to pay for rails- is not the answer to our funding needs. ways, the bike ways, the museums, to-trails, to pay for pedestrian ways, to Finally, Members should be aware that they must, they must do it right now, pay for bikeways. We have some of the President’s reauthorization pro- we say let them have a choice. Let those projects in this bill. There are posal, which was just recently sub- them work on improving safety first, if some with merit; but we should not be mitted, continues to dedicate funding they say that is the highest priority. dictating to the States what they do for 10 enhancement programs. For goodness sake, put the money with the money their taxpayers pay, While this amendment should pass on where the priority is the highest. Not and it is coming back to them with a the merits of the program alone, I just because people say, sure, I like mandate to divert it. I ask for the de- must also say that it is wrong to use this program, but is it the most impor- feat of the amendment. the appropriations process to, in es- tant thing in a Nation with a $400 bil- Mr. BOEHLERT. Mr. Chairman, I sence, rewrite the transportation pro- lion backlog because the highway trust move to strike the last word. gram and allow funds now dedicated for fund has been decreasing. Mr. Chairman, as a member of the enhancements to be used for other pur- Every year this program is taking Committee on Transportation and In- poses. This is more appropriately the $600 million paid for by drivers and put- frastructure and the conference com- function of the authorizing committee. ting it into everything but roads mittee for both ISTEA and TEA–21, I In short, Mr. Chairman, State De- through this transportation enhance- was totally immersed in developing the partments of Transportation through ment program. transportation enhancements program their organizations support this and ensuring its long-term viability. amendment; counties support the b 1445 As authorizers, we were very specific amendment; cities support this amend- Let the States have a choice. Let about the 10 percent mandatory set- ment; environmental groups support them decide for themselves where their aside and feel that section 114 of the the amendment; AARP supports it; priorities are highest. I ask Members, fiscal year 2004 Transportation, Treas- bike, architects, conservation and his- they come to me and they say they ury and Independent Agencies Appro- toric conservation groups support it. need funding for a road. If Members priations Act changes the laws that Recreation and travel groups support vote that they do not think roads are this House created. This constitutes a it. Even various health groups and the their highest priority, do not ask for major legislative change in the high- Paralyzed Veterans of America have money for roads if Members want to di- way bill and is without question the expressed support. And the list goes on. vert that money. wrong way to go. It is not a State’s rights issue. The This provision is about options, let- The transportation enhancement pro- States have spoken. They want to re- ting people make priority decisions. gram accounts for a mere 2 percent of tain dedicated funding for transpor- We should not try to dictate to the the overall funding of the highway pro- tation enhancements. States from Washington, D.C. that gram. Many people do not realize this Mr. Chairman, let us follow the lead they cannot spend the money that because while the funding amount may of our President and continue dedi- drivers pay to relieve the congestion be small, the benefits local commu- cated funding for transportation en- drivers are experiencing, and they have nities receive make a tremendous im- hancements by passing this amend- to spend it on other things. We should pact on the character and vitality of ment. not be doing that. towns and villages across America. Mr. ISTOOK. Mr. Chairman, I move We have spent billions of dollars al- Transportation enhancements have to strike the last word. ready that our roads needed that were improved the health and environment Mr. Chairman, I think it is important mandated for these things. It is time to as well as the economic well-being of that we understand more correctly give communities a choice, not a com- our communities by funding more than

VerDate jul 14 2003 04:06 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.057 H04PT1 H7872 CONGRESSIONAL RECORD — HOUSE September 4, 2003 17,000 projects. These projects have tation and Infrastructure or the Com- Kansas, Mountain Bay Trail in Wis- ranged from restoring streetscapes on mittee on Appropriations. This is truly consin, Riverfront Trail in Georgia, the local main streets to preserving land- a bipartisan amendment. Salk Trail in Illinois, the Toledo Wa- mark roads and bridges to revitalizing I urge my colleagues to support this terfront Redevelopment in Ohio, the old transportation facilities. amendment to strike section 114 to pre- Anacostia Riverwalk in the District of Transportation enhancements create serve the enhancement program as it Columbia, and the list goes on and on. an environment where cyclists and pe- has been authorized and in law for the They include projects that have major destrians can safely coexist with mo- last 12 years. social and economic benefits and pro- torists while also improving the land- Make no mistake, a vote against this vide jobs, like the Union Station reha- scape of a community. Nationwide amendment would cripple the ex- bilitation project in Meridian, Mis- communities have enhancement tremely popular enhancement pro- sissippi, funded by enhancements that projects that they are very proud of. gram. The transportation enhancement spurred $10 million of private invest- Whether a trail or a bike lane or a program created in 1991 in the ISTEA ment in the Depot District, and the streetscape enhancement or a pedes- bill was designed to help communities Kentucky Cabinet for Economic Devel- trian bridge, these small projects are expand transportation choices. En- opment has estimated that the River oftentimes how a community identifies hancement funds are used to create al- Heritage Museum, funded by enhance- itself and takes great pride in these ternative means of transportation such ments, will bring in $20 million to the projects with tourists and visitors, and as bicycle trails and pedestrian walk- Paducah area over 5 years. that produces economic vitality. These ways which are directly associated We should continue more than a dec- projects also help to decrease conges- with roadways. Enhancements also in- ade of success and bipartisan support tion and improve the quality of the air clude the renovation of streetscapes, for this very popular enhancement pro- we breathe, further adding to the qual- scenic roads, beautifications, and pres- gram. If Members support the enhance- ity of our life. ervation and investment in the reuse of ment program and believe in a bal- I could go on and on listing various historic transportation infrastructure anced transportation bill, they will groups that support transportation en- that creates both jobs and community vote for the Petri amendment that so hancements and benefit from them. amenities. many other names have been associ- They range from mayors and Gov- Congress in both ISTEA and the ated with, including my own, and I ernors and park directors to hikers and TEA–21 bill, and now the administra- urge an aye vote on the amendment. bikers and farmers. My own State De- tion in its transportation reauthoriza- Mr. LEWIS of Kentucky. Mr. Chair- partment of Transportation has re- tion proposal, determined that a small man, I move to strike the requisite quested us to make the set aside man- portion, about 2 percent of our $30-plus number of words. datory because of the tremendous bene- billion every year that goes into the Mr. Chairman, I rise today to voice fits derived from the program. To ap- highway program, should be used for my support for the Petri-Olver amend- preciate the value of the transpor- these kinds of projects. From 1998 to ment. I support this amendment be- tation enhancements program, one 2003, a total of $4 billion was provided cause nearly every community in the needs only to imagine the pathways to the States for these enhancements, Second Congressional District of Ken- teaming with strollers and of which almost $3 billion had been ob- tucky has benefited from enhancement rollerbladers and people biking to ligated by the middle of this year. program funding. work. Picture the historic transpor- But there is a more telling statistic: During the August recess, I spoke tation structures that have breathed From 1971 to 1991, the 20 years before with people who know the importance life and vitality into declining down- there was an authorized and over- of this funding. Everything from town areas. whelmingly voted and agreed to set- streetscaping to structural rehabilita- Mr. Chairman, I included for the aside for enhancements, only $40 mil- tion to historic preservation has been RECORD the remainder of my state- lion was spent nationwide on bike and helped due to the availability of these ment, and urge strong support of the pedestrian paths, by far the largest funds. By keeping the mandatory 10 Petri-Olver enhancement amendment. component of the enhancement pro- percent set-aside, Kentuckians will see The enhancement program has encouraged gram. Yet under the authorized ISTEA an enhanced quality of life and our Na- communities to come together and craft a vi- and TEA–21 legislation, in those 12 tion’s heritage will stay alive for this sion for revitalizing their downtown areas, for years from 1991 until now, over $2.2 bil- and future generations. constructing networks of pathways along lion out of a total of almost $300 billion Mr. RAHALL. Mr. Chairman, I move creeks and rivers, and for preserving the for highway programs, only that small to strike the requisite number of transportation history of this country. amount has actually been allocated words. This process builds support from a broad and directed in this manner for such Mr. Chairman, I rise in support of the swath of interests, including elected officials, bike and pedestrian paths. This oc- amendment. The issue at hand is rel- business owners, walkers, bicyclists, fans of curred largely because of the guaran- atively simple. The transportation en- historic preservation and neighbors. The En- teed funding designated for enhance- hancement program is about our com- hancement program serves as a catalyst, ments over those two authorization munities and the enhancement and the leveraging more local investment, as one bills which, as I point out again, have empowerment of localities. project builds support for the next. Our invest- been voted for, established by the Con- As a Member who has served on the ment in the Transportation Enhancement pro- gress and voted for by overwhelming Committee on Transportation and In- gram is modest, but the rewards are immeas- numbers. frastructure for going on 27 years now, urable. I urge strong support of the Petri/Olver Without the guaranteed authorized and a former chairman as well as rank- amendment. set-aside, the program will perish. The ing member of the Subcommittee on Mr. OLVER. Mr. Chairman, I move to fact is Congress has set-asides for Highways, I can recall that this was strike the requisite number of words. many transportation activities. We somewhat of a radical proposal when Mr. Chairman, let me start by com- have them for safety, for interstate we adopted it back in 1991. mending the gentleman from Wis- maintenance, for bridges and many Prior to that, Federal highway legis- consin (Mr. PETRI) for his leadership in other areas. These enhancements lation was largely viewed as the bas- presenting this amendment. I want to should be no different. tion of the States, highway contrac- point out and remind Members that Enhancements are popular and a tors, asphalt, cement and steel manu- this amendment has been cosponsored needed component of a balanced trans- facturers. The enhancement program by a bipartisan group from both sides portation policy. Hundreds of Members transcended those interests and of the aisle, including myself on the in this body requested money for en- brought a relatively small portion of a Committee on Appropriations, several hancements, and a good many of those State’s annual Federal highway appor- members from the Committee on projects are included in this very bill. tionment directly to local commu- Transportation and Infrastructure, and In fact, the list includes such things as nities for local community projects. As several Members who have no connec- a Hot Springs Bike Trail in Arkansas, I have said, a somewhat radical pro- tion with the Committee on Transpor- Independence Biking Road Access in posal perhaps in 1991, but certainly not

VerDate jul 14 2003 04:06 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.058 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7873 today, which is why after this program There are national surveys that indi- program and make sure that our com- has worked so well over these past 12 cate, in fact, over half the American munities are more livable and make years, it is odd that it is suddenly public would put more money into bike our families safe, healthy, and more under attack. and pedestrian activities even if it economically secure. Every Member of this body has a meant less money for roads. The fact Mr. MORAN of Virginia. Mr. Chair- community where the lifestyle of its is, under the bill that has been offered man, I move to strike the requisite people have been enhanced by this pro- up, we do not have this either/or situa- number of words. gram, where people have been drawn tion. All we have to do in striking sec- Mr. Chairman, I also rise in very closer together and the old-fashioned tion 114 is maintain the status quo and strong support of this amendment. The American values are again flourishing the integrity of the enhancements pro- interstate highway system was estab- as a result of enhancement projects. gram. This is the single most popular lished in the 1950s, and it has served In Princeton, West Virginia, for ex- Federal aid highway program for the this country very well. The Congress is ample, the community is being revital- Federal Government. very proud of what it has done. But ized, partly as a result of a railroad As chair of the Bikes Caucus, I can transportation has evolved. We have museum partially funded under this tell my colleagues that the bicycle in- other responsibilities. We need to be program. In Milton, West Virginia, a terests are a vital part of each and concerned about the traffic congestion historic covered bridge, cherished by every one of your communities. There that we are generating, the deterio- rating air quality, the loss of open the community, was rehabilitated are over 50 million American bicycle space, and, as some other of our col- under this program. And throughout customers that have 100 million bikes. leagues have said, an obesity epidemic the State, rails-to-trails, bike and pe- These have 80 million people employed among our youth. This Enhancement destrian facilities, safety projects, and in this industry in every one of our dis- Program is one of the most popular as- scenic beautification initiatives are en- tricts. They epitomize small town, pects of our entire transportation pro- small business ownership. hancing the quality of life. gram, because it encourages commu- But it speaks also to pedestrians, to b 1500 nities and individuals to be creative, to handicapped. I am not at all dismissive take initiative, to convert old, aban- I am sure as we have already heard of issues of parks and museums and doned rail lines to trails. that all Members of this body have historic preservation. Each Member similar projects in their districts, Rails to Trails is exciting. It has has received an outstanding memo- given people other opportunities when projects that serve local communities, randum from the National Trust for provide for families and children and they might spend much of their week- Historic Preservation that points out end in an automobile to go bicycling, which deliver so much in the way of that this is the single largest area for benefits for relatively small cost. jogging, walking along trails. It has funding historic preservation-related done so much across the country. And I say let us stay the course. Vote for activities. It has been invaluable in the Petri-Olver amendment. If changes it is transportation oriented. But most mitigating the damage that transpor- importantly, it is community oriented. are really needed to be made in this tation projects can do to historic program, let us consider them in the That is key. That is really what this is places. about. Communities have an oppor- normal legislative process as part of Since I have been in Congress, I have tunity to have some input into how the the TEA–21 reauthorization rather been privileged to visit over 100 com- billions of dollars in road projects are than going through the back door ap- munities dealing with issues of things used, to enhance their quality of life. proach taken by the pending legisla- that make those communities more At one point, 90 percent of our Na- tion. livable. Every place we go, people focus tion’s schoolchildren walked to school. So I urge support of the pending in on the programs that deal with the Today, less than 10 percent do. Many amendment. enhancements program. have to take buses or rely on their Mr. BLUMENAUER. Mr. Chairman, I It would be a tragedy at a time when families or friends to drive, primarily move to strike the requisite number of the media is filled with reports of the because there are no sidewalks or safe words. obesity epidemic among our children, ways to get to school. Building side- Mr. Chairman, I find no small when we have an energy crisis, when walks is one of the many eligible ac- amount of irony. Yesterday, we were we found just last week medical studies tivities for this Transportation En- celebrating the accomplishments of that talked about communities that hancement Program. If we take away that great American Lance Armstrong have the facilities that the enhance- this component, we are going to weak- for his prodigious bicycle accomplish- ment program gives are six pounds on en the ability of local communities and ments, and today we are moving to gut average lighter and have lower blood neighborhoods to address their prior- the enhancements program that ex- pressure, that this Congress in its first ities. I also think that we are going to tends the benefits of cycling to mil- full day back after Labor Day would lose an awful lot of important opportu- lions of Americans. vote to cut it. nities to beautify our transportation I heard the distinguished chairman of This last few days there has been a corridors, rehabilitate train stations the subcommittee speak to a couple of marvelous coalition quietly moving on and other transportation assets, pro- points. One, he talked about choice in Capitol Hill. Sadly, I think they have vide safe wildlife crossings, and protect transportation. Well, the fact is today, been almost too quiet because they our historic, our scenic, our natural re- under the enhancement programs, represent millions of Americans who sources. We can do this all for about 11⁄2 there is choice that is available. States care about historic preservation, who cents per surface transportation dollar. have the opportunity of flexing money care about fitness, who care about the It is important. It is a critical element in and out of the enhancements pro- revitalization of central cities, retro- of a transportation program that is gram if that is their priority. fitting sprawling suburbs, helping our also concerned about congestion, air The fact is that this is a priority for children get to school safely, fighting quality, loss of open space. people if they have the focus of an en- the obesity epidemic. Just one last thing. Many Members hancement program. The gentleman They have visited every office, pro- live in northern Virginia, Alexandria talked about safety. There is less than vided critical information about how and Arlington, for example. If we pro- 1 percent of the money spent on 7 per- the enhancements funding has made a vided highways to accommodate every- cent of the trips that are cycling and difference in every State of the Union. body that wants to drive from outside pedestrian, and they account for 13 per- This enhancements program was the Beltway to the inner city of D.C., it cent of the fatalities. born under a Republican administra- would be all asphalt. There would not If the gentleman was concerned tion and a Democratic caucus. It has be any neighborhoods. There would be about safety, I would suggest that enjoyed broad bipartisan support ever no grass. What we have to do is to find maybe we would increase the funding since. ways for public transportation to re- in these enhancement programs. These I strongly urge my colleagues to sup- lieve our highways to give people an in- are programs where people have indi- port the Petri-Olver amendment to re- centive to ride a bicycle, to find what- cated they want choices. tain the integrity of the enhancements ever way they can get to work in a way

VerDate jul 14 2003 04:06 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.059 H04PT1 H7874 CONGRESSIONAL RECORD — HOUSE September 4, 2003 that is healthy, that reduces the whole issue of obesity. There has been cling is highly valued by mid-life and older amount of congestion, and that en- more written about obesity in the last persons. In a recent AARP survey, 58 percent hances our quality of life and the 6 months or so or last year. If we really of persons age 45 and older rated having strength of our communities. This pro- want Americans to be fit and healthy walking or bike trails nearby to be an impor- tant community characteristic. Sidewalks gram does all that. That is why the and get in good shape, the way to do it and paths designed for safe walking can help Petri-Olver amendment should pass. It is to allow for the enhancement pro- address the disproportionate safety risk ex- has many other sponsors, the gen- gram that has worked so well, that al- perienced by older pedestrians. In 2001, per- tleman from Oregon (Mr. BLUMENAUER) lows people to get outdoors, to ride sons age 70 and older were nine percent of has done a great job on this. It is bipar- their bikes, to jog, to walk. What bet- the population, but accounted for 18 percent tisan. It is important. Let us make ter way to bring people in a commu- of all pedestrian fatalities. sure it continues as part of our trans- nity together. This program has been a AARP also seeks to encourage older Amer- portation program. marvelous program. We should not icans to be physically active because of the many health benefits exercise promotes, in- Mr. LAHOOD. Mr. Chairman, I move change it. It is a program that works. cluding helping to maintain independence in to strike the requisite number of It is not broke. I encourage Members to later years. Research has shown that persons words. support the amendment and continue living in communities with sidewalks are 28 (Mr. LAHOOD asked and was given the fine program we have had. percent more likely to be engaged in regular permission to revise and extend his re- Mr. PETRI. Mr. Chairman, I submit physical activity than those in communities marks.) for the RECORD letters in support of the without sidewalks. Mr. LAHOOD. Mr. Chairman, I am a amendment from the American Asso- We appreciate that the Subcommittee on member of the Committee on Appro- ciation of State Highway and Trans- Transportation, Treasury and Independent priations, and I think I am one of two portation Officials; the American Asso- Agencies allocation for FY 2004 will require members on our side who voted to sup- ciation of Retired People; the National many difficult funding decisions. Nonethe- less, we respectfully urge you to restore the port this effort to restore this program Association of Counties, the National the way that it has existed for several 10 percent set aside from the Surface Trans- League of Cities, the U.S. Conference of portation Program to fund Transportation years. I know it is probably not fash- Mayors; and the Transportation En- Enhancements. ionable for me to be up here talking in hancements Coalition. If you have any questions, please feel free favor of this amendment, but I feel AMERICAN ASSOCIATION OF STATE to contact me or have your staff call Tim strongly about it. I am a jogger. I have HIGHWAY AND TRANSPORTATION Gearan of our Federal Affairs staff at 202– been a jogger for almost 30 years. I OFFICIALS, 434–3800. have taken full advantage of the Rails Washington, DC, September 3, 2003. Sincerely, to Trails Program that exists in my DEAR CONGRESSMAN: I am writing on behalf MICHAEL W. NAYLOR, congressional district and other parts of the American Association of State High- Director of Advocacy. of Illinois. I think it is a marvelous way and Transportation Officials (AASHTO) to urge your support for an amendment program. We have promoted around NATIONAL ASSOCIATION OF COUN- sponsored by Congressmen Thomas Petri and TIES, NATIONAL LEAGUE OF CITIES, here a new caucus that has been John Olver to strike language in H.R. 2989, U.S. CONFERENCE OF MAYORS, formed by the Members to get Members the FY 2004 Transportation, Treasury, and September 3, 2003. to exercise more, to get Members to Independent Agencies Appropriations bill, DEAR REPRESENTATIVE: On behalf of the stay in shape. Part of the way that that eliminates funding specifically dedi- nation’s local elected officials, we urge you some of us do it is disembark from the cated for transportation enhancements. The to support Representative Petri’s amend- Rayburn Building and jog down the Petri-Olver amendment would strike Section ment to fully restore dedicated funding for Mall. It is not really a Rails to Trails, 114 from the bill, restoring the Transpor- the Transportation Enhancements (TE) pro- tation Enhancements (TE) Program set-aside gram, during consideration of the FY2004 but it is a marvelous place to jog. first established in 1991 in the Intermodal You see people jogging all over this Transportation and Treasury appropriations Surface Transportation Efficiency Act bill. part of the country. You see people jog- (ISTEA). The Transportation Enhancements pro- ging along the parkway from Old Town The TE Program is one of the most popular gram has been very important to local gov- all the way down to where George of the federal transportation programs with ernments by allowing them to undertake al- Washington once lived. These are Rails over 17,000 projects in communities located ternatives beyond the traditional highway to Trails. These are opportunities for in almost every congressional district across construction projects. Over 17,000 local people that would not have existed the country. Projects ranging from pedes- transportation projects have been initiated trian, bike and trail facilities to historic without this program. The last thing I as part of the TE program, and the results bridges and rehabilitated train stations have have been significant, both in terms of in- want to do is to turn this program over significantly contributed to the quality of to the Governor of my State. Every creased mobility and the economic develop- life in these communities. AASHTO, which ment generated by the construction of these State in the country has a deficit. I represents transportation agencies in the facilities. TE projects have contributed to guarantee you what these Governors fifty States, the District of Columbia and decreased congestion and improvements in will do is not turn this money into Puerto Rico, supports continuation of this air quality in our nation’s cities and coun- Rails to Trails or other amenities or popular and worthy program. ties. Both ISTEA and TEA–21 were very spe- other enhancements. They will use it Sincerely yours, cific concerning the Transportation En- JAMES C. CODELL, III, hancements program set aside and local gov- to fund other things. President We have got a $5 billion debt in Illi- ernments have been pleased to carry out the nois. We have got a Governor who has intent of Congress concerning this program AARP, over the past 12 years. been in office now 6 months, a new Washington, DC, September 2, 2003. Thank you for your consideration in this Governor, who has not been able to fig- Hon. ERNEST ISTOOK, Jr., matter. ure out how to do that. But I guarantee Chairman, Subcommittee on Transportation, Sincerely, Treasury and Independent Agencies, Com- you that if you hand him a bag of LARRY NAAKE, money from the enhancements, from mittee on Appropriations, House of Rep- Executive Director. resentatives, Rayburn House Office Build- the Rails to Trails, he will find other DONALD J. BORUT, ing, Washington, DC. Executive Director. uses for it. As we are encouraging peo- DEAR MR. CHAIRMAN: We urge you to re- TOM COCHRAN, ple all over the country to exercise, to store the 10 percent set aside from the Sur- Executive Director. be fit, to eat right, to exercise and to face Transportation Program to fund Trans- do things that will continue to make portation Enhancements. Transportation en- TRANSPORTATION people healthy, there is no better way hancement projects help meet the mobility, health, and recreational needs of mid-life ENHANCEMENTS COALITION, to do it than to have this program. I Washington, DC, September 2, 2003. am encouraging Members to support and older persons. AARP supports the development of pedes- Re Thursday, September 4 Vote—H.R. 2989. this amendment. This is a good pro- trian and bicycle infrastructure as part of a DEAR MEMBER OF CONGRESS: On behalf of a gram. It is a program that works. It is balanced transportation system. Walking is broad partnership of national organizations, not broke. the most common mode of travel for older we are writing to urge your support for the I want to, too, mention what the gen- persons after the private vehicle. Commu- restoration of dedicated funding for Trans- tleman from Oregon talked about, the nity design that promotes walking and bicy- portation Enhancements (TE) during House

VerDate jul 14 2003 05:35 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.065 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7875 action on H.R. 2989, the FY04 transportation Executive Director, Bikes Belong Coa- enhancement projects play in our com- and treasury appropriations bill. Specifi- lition; Rich Stolz, Coordinator, Trans- munity. cally, Section 114 of the committee-passed portation Equity Network, Center for Unfortunately, there are some in this bill eliminates the funding set-aside for TE— Community Change; Jacky Grimshaw, Congress, in the State transportation a modest and very successful program estab- Vice President for Policy, Center for lished in the 1991 Federal surface transpor- Neighborhood Technology; Dr. Margo bureaucracies, and some of the trade tation law. We respectfully ask you to sup- Wootan, Director, Nutrition Policy, associations and lobby groups who port the bipartisan effort, led by Reps. Tom Center for Science in the Public Inter- think if it is not asphalt or buying Petri, John Olver and others, that would est; Daniel Swartz, Executive Director, something to put asphalt on it is mere- strike Section 114 and restore the Enhance- Children’s Environmental Health Net- ly a transportation frill. In central ments program when H.R. 2989 is considered work; Jim Campi, Policy and Commu- Texas, we certainly know that this is by the full House of Representatives. nications Director, Civil War Preserva- Established in ‘‘ISTEA’’ and reauthorized not true. Transportation enhancement tion Trust; projects are, as the very name sug- with minor adjustments in ‘‘TEA–21,’’ TE en- Robert Dewey, Vice President for Gov- sures that a small percentage of our Federal ernment Relations, Defenders of Wild- gests, designed to enhance economic gas tax dollars are reserved for small-scale, life; John Balbus, Director, Environ- development and to enhance the qual- community-initiated, locally selected trans- mental Health, Environmental De- ity of our lives. In our community, portation projects. TE is the largest source fense; David Hirsch, Director, Econom- they have done both of those despite of Federal funding for pedestrian, bicycle ics for the Earth Program, Friends of significant intransigence and disin- and trail facilities. The program also beau- the Earth; David M. Feehan, President, terest by the Texas Department of tifies our transportation corridors, rehabili- International Downtown Association; tates train stations and other transportation Transportation, which has put one Kalinda Mathis, Executive Director, roadblock after another in front of our assets, provides safe wildlife crossings, and International Inline Skating Associa- protects our historic, scenic, and natural re- tion; Tim Blumenthal, Executive Di- local enhancement proposals. sources. We achieve all this for about one rector, International Mountain Bicy- In Austin, Texas, for example, we and a half cents per surface transportation cling Association; Mele Williams, Di- have Plaza Saltillo, which would not dollar. rector of Government Relations, exist were it not for enhancement fund- TE projects are essential—they have been League of American Bicyclists; Judy ing. shown to promote health, safety, economic Corbett, Executive Director, Local development, tourism, energy conservation, Government Commission; Jonathan b 1515 and community pride, all within the context Katz, President, National Assembly of Many of us will gather there soon for of our surface transportation system. Our State Arts Agencies; Nation has benefited from over 17,000 local the Diez y Seis celebration. This has Patrick M. Libbey, Executive Director, transportation projects, in every congres- been an economic development mag- National Association of County and sional district in the country. For countless net. It has had a multiplier effect for City Health Officials; Ross Capon, Ex- communities, TE remains the most popular ecutive Director, National Association small Hispanic businesses in the area, program of the Nation’s surface transpor- of Railroad Passengers; Michael W. and now we are seeing a number of de- tation law. Duplechain, Director, Government Re- velopers, Hispanic and non-Hispanic, The attached materials provide additional lations, National Association of Serv- develop a wide range of residential details on how TE has benefited your state ice and Conservation Corps; Bill and district: a pie chart summarizing how housing in this transportation cor- Wilkinson, Executive Director, Na- your State has divided its TE funds across ridor. This enhancement project not tional Center for Bicycling and Walk- the program’s 12 eligible activities; a similar only improves the quality of life for all ing; Karen Silberman, Executive Direc- pie chart for the entire country; and a list of in the neighborhoods who celebrate tor, National Coalition for Promoting every TE project in your State, sorted by Physical Activity; Nancy Schamu, Ex- this important Hispanic holiday, but it county. ecutive Director, National Conference has proven to be a key factor in the In places large and small, Americans are economic development of the East Aus- working to address challenges such as grow- of State Historic Preservation Officers; ing traffic congestion, deteriorating air qual- Laura Loomis, Director, Visitor Expe- tin community. ity, loss of open space and an obesity epi- rience Program, National Parks Con- It is certainly true in terms of the demic among our youth. TE provides some of servation Association; Barry Tindall, quality of our cycling and pedestrian the solutions, and allows local communities Director of Public Policy, National trails throughout central Texas. These the opportunity to make transportation in- Recreation and Park Association; John trails enhance the quality of life. They vestment decisions that will greatly enhance Kostyack, Senior Legislative Counsel, National Wildlife Federation; have also become, thanks originally to their quality of life. the work of Lady Bird Johnson and The record of success in this program is Deron Lovaas, Deputy Director of Smart clear and substantial—a small investment Growth and Transportation, Natural now supplemented around Town Lake, that produces considerable results. Please Resources Defense Council; Susan West the center of Austin where people are support the bipartisan effort to preserve the Montgomery, President, Preservation coming to host conferences, conven- Transportation Enhancements program Action; Meg Maguire, President, Scenic tions, and business meetings. A real when H.R. 2989 is considered on the House America; Don Chen, Executive Direc- factor for many of our tech companies floor. tor, Smart Growth America; Lynne Se- moving downtown is the fact that we Sincerely, bastian, President, Society for Amer- ican Archaeology; Kevin McCarty, Sen- have trails people can enjoy jogging Marianne Fowler, Sr. Vice President of and cycling on, and can bring their Programs, Rails-to-Trails Conservancy, ior Director of Federal Policy, Surface Co-chair; Dan Costello, Senior Program Transportation Policy Project; Randy families to. Some of these trails, frank- Associate, National Trust for Historic Neufeld, Chair, Thunderhead Alliance; ly, have become on the weekends, and Preservation, Co-chair; Bill Sawyer, William S. Norman, President and at key times in the early morning and Executive Director, Adventure Cycling CEO, Travel Industry Association of late afternoon, almost as congested as Association; Martha Roskowski, Cam- America; Allen Front, Sr. Vice Presi- some of our highways. paign Manager, America Bikes; Edward dent for Federal Affairs, Trust for Pub- We do not have enough of these H. Able, Jr., President and CEO, Amer- lic Land. projects to meet the needs of a growing ican Association of Museums; Tobey Mr. DOGGETT. Mr. Chairman, I community in terms of enhancing the Williamson, Federal Policy Program move to strike the requisite number of quality of life or enhancing economic Manager, American Farmland Trust; words. Celina Montorfano, Director of Con- development, and we need more. We servation Programs, American Hiking Mr. Chairman, I rise also in support have had resistance at the State level Society; Paul Farmer, Executive Direc- of this bipartisan initiative and com- already. If we turn it over entirely to tor, American Planning Association; mend the gentleman from Wisconsin the States, there will not be a dime William W. Millar, President, Amer- (Mr. PETRI) for offering it. He came coming to provide this key enhance- ican Public Transportation Associa- personally, at the invitation of the ment factor. tion; gentleman from Texas (Mr. SMITH), to Looking at the data about transpor- Cara Woodson Welch, Director, Govern- central Texas last December and saw tation, there has been a significant ment Affairs, American Society of Landscape Architects; Pam Gluck, Ex- firsthand a variety of our pressing amount of work on the revision of ecutive Director, American Trails; transportation needs with highways TEA–21 focusing on fairness and parity. Robert L. Lynch, President and CEO, and public transportation, but also had The data suggests that about 7 percent Americans for the Arts; Richard Olken, a chance to see the important role that of the trips made in this country are

VerDate jul 14 2003 05:35 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.014 H04PT1 H7876 CONGRESSIONAL RECORD — HOUSE September 4, 2003 not by car or public transportation, but transportation enhancement funds are ing highway trust fund, I think it is by people on two wheels, on a bicycle, cut, there will be virtually no incen- only prudent to give the States the op- or walking. Yet, less than 1 percent of tives for States and communities to tion to choose how they will spend this our transportation dollars are being continue to create balanced integrated 10 percent of these highway trust funds committed to trail-type projects for transportation systems. For more than on hike and bike trails, as they may cyclists and pedestrians. Now, that 1 20 years through the transportation en- choose to do in the State of Oregon; or percent will not be assured unless this hancement program, communities some other State may choose to decide Petri amendment is adopted. We know across the Nation have developed and to take some of that 10 percent and in- employers can provide parking spaces, implemented alternative forms of vest more of it into any other type of and that many progressive employers transportation that promote livability, transportation project that they be- are providing public transportation or connectivity, and a better quality of lieve will help move people and reduce metro passes. However, for cyclists life. The vast majority of these travel time and reduce congestion. these days the only incentive is strong projects are locally selected and are of The bottom line is, I think, Mr. legs and maybe a pat on the back. For tremendous value to the communities. Chairman, this language that is in the a clean form of transportation, we need We need substantial highway funding; bill will allow every State to make to maintain this bare minimum but more importantly, we need a bal- those decisions on their own through amount of funding under the enhance- anced transportation system. their State legislatures, through their ment program for cyclists to have a I encourage my colleagues to support State highway commissions. I think safe lane or trail to travel. this amendment and restore funding that the genius of our system of gov- Our colleague from Oregon men- for enhancements that contribute to a ernment is that it is built around the tioned my constituent Lance Arm- higher quality of life, personal health concept of letting each State make strong, and we were so pleased to honor and livability in all of our commu- local decisions on their own, and this him yesterday with a resolution. In his nities. language in the bill does that. I strong- book he writes: ‘‘I’ve spent my life rac- Mr. CULBERSON. Mr. Chairman, I ly urge Members to vote against the ing my bike, from the back roads of move to strike the requisite number of amendment and support the gentleman Austin, Texas to the Champs-Elysees, words. from Oklahoma (Chairman ISTOOK) in and I always figured if I died an un- Mr. Chairman, I would like to speak voting ‘‘no’’ on the amendment and al- timely death, it would be because some in favor of the language in the bill and lowing Texans to run Texas and each rancher in his Dodge 4x4 rammed me against the amendment. I point out to State to make these decisions on their head first into a ditch . . . Cyclists the Members that the Inspector Gen- own. fight an ongoing war with guys in big eral for the Department of Transpor- Ms. LEE. Mr. Chairman, I move to trucks, and so many vehicles have hit tation, Kenneth Mead, testified to our strike the requisite number of words. me so many times, I’ve lost count . . . Subcommittee on Transportation, (Ms. LEE asked and was given per- One minute you’re pedaling along a Treasury and Independent Agencies ap- mission to revise and extend her re- highway, and the next minute you’re propriations that the highway trust marks.) face down in the dirt.’’ fund has shown a decline in revenues of Ms. LEE. Mr. Chairman, today I rise For Lance Armstrong, for the leader- about $18 billion less this year than in strong support of the amendment of- ship of the Downtown Austin Alliance projections that were made originally fered by the gentleman from Wisconsin and many people who have commu- in April of 2001, and as a result of the (Mr. PETRI) and the gentleman from nicated from central Texas, let us declining revenue coming into the Massachusetts (Mr. OLVER) to restore adopt the Petri amendment. highway trust fund that highway and guaranteed funding for the transpor- Ms. EDDIE BERNICE JOHNSON of transit programs will see continuing tation enhancements program. With Texas. Mr. Chairman, I move to strike constraints on their ability to improve over 15,000 projects receiving funding the requisite number of words. mobility, safety, and economic growth nationwide, it is very clear that the I rise in strong support of this unless taxes are raised, a greater por- benefits of this program have not been amendment to strike section 114 from tion of the financing burden is shared confined to any one district, State, or the fiscal year 2004 transportation ap- by State and local governments, or region. These projects are very critical propriations bill, and I want to thank greater reliance is placed upon the gen- in establishing and in maintaining liv- the gentleman from Wisconsin (Mr. eral fund to supplement highway trust able communities. PETRI), my committee leader, for offer- fund receipts. In my district alone the transpor- ing it, along with the gentleman from I strongly support the gentleman tation enhancements program has Massachusetts (Mr. OLVER). from Oklahoma’s (Chairman ISTOOK) funded nearly 30 projects over the last This is obesity USA right now. And language in this bill because this sim- 12 years at a cost of about $22.5 million, in Texas along with obesity, we have ply allows Texans to run Texas. Gov- and these projects have provided a very air pollution; and I believe that the en- ernor George W. Bush, when he ran for big improvement to the quality of life hancements funding, although small Governor originally, I had the privilege for many of my constituents and the compared to the highway funding, con- of serving longer under Governor Bush residents of the Bay Area as a whole, tributes in a major way to building a than any other Governor I served under not to mention the thousands of tour- healthy, active and community-based in the 14 years I served in the Texas ists who come through our region society. In the Dallas-Fort Worth re- legislature, and Governor Bush was every month. The program has funded gion, we see families and kids out elected Governor of Texas to let Tex- projects ranging for something as sim- riding, walking, skating on the Katy ans run Texas. The language in the bill ple as a bike locker at local BART sta- Trail every weekend and often during simply allows each State to choose on tions to pedestrian and streetscape im- the week. We see people riding bicycles their own how to spend that revenue. provements throughout Berkeley, Oak- to the park and ride areas to get on the The Nation today faces an ever-grow- land, San Leandro, and Fruitvale, to DART area transportation system. The ing national debt that has now exceed- construction of the Oakland section of types of trails build a sense of commu- ed $7 trillion, which is absolutely inex- the very ambitious 400-mile San Fran- nity. They promote physical fitness cusable. We must pay it off. We face a cisco Bay Trail project that links 47 and increase property values. growing national Federal deficit that cities and nine Bay Area counties to- Enhancements also promote safe we must balance. We simply must bal- gether. ways for kids to get to school. Studies ance our Federal budget. I strongly Other projects include the acquisi- show many more kids want to ride or support the gentleman from Okla- tion of scenic shoreline in Oakland for walk to school, but there is insufficient homa’s (Chairman ISTOOK) constitu- beautification and recreational pur- money to promote safe routes to tional amendment to require a bal- poses, the berthing and preservation of school. And we see overwhelming obe- anced budget. several historic ships, the construction sity in our young people now which In light of our deficits at the State and upgrade of the Berkeley train stop, leads us to have to spend a great deal and local level, in light of deficits at the construction of bicycle underpasses more money for health care later. If the Federal level, in light of a declin- along the very busy I–80 freeway, as

VerDate jul 14 2003 04:06 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.068 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7877 well as a number of other landscaping tation was chair of the Surface Trans- We can cite the thousands of and beautification projects throughout portation Subcommittee in 1991 when projects, but what really counts is my district. we fashioned the enhancements provi- those decisions that were made in each Mr. Chairman, our constituents real- sions of ISTEA. And what we did in and every community to take a piece ly value each and every one of these 1991 was landmark legislation. We had of that Highway Trust Fund and invest projects, not only in my district but come to the end of the interstate era, it in the future of America, in the qual- throughout our country, as I men- and now the debate focused on the fu- ity of life in America, to enhance the tioned earlier, which the transpor- ture of transportation in America. life of those who come after us. And tation enhancement program has real- that is what enhancements does. That b 1530 ly helped to pay for. And let me tell is what this program does. It is a citi- the Members that ever since word got What would be the face of transpor- zens’ bottoms-up investment in the out that this House was considering re- tation in the post-interstate era? How quality of life of our transportation moving the dedicated funding for this would we best invest our dollars? program. program, I do not think that a day has We assessed the quality of transpor- It is not enough just to roll over the gone by where I have not received a tation and the quality of life in Amer- highways and roll over the bridges. It phone call, e-mail, fax, or letter from ica in a long series of hearings, some of is more important to enhance the life constituents which criticize this move. which I conducted as Chair of the Over- of every community in America, and So we must make this bill right. We sight Investigations Committee, as that is what the enhancements pro- must pass this amendment so that we Chairman Mineta did in the surface gram has given us the opportunity to can continue to fund the construction subcommittee, as the gentleman from do. of pedestrian and bicycle facilities, Wisconsin participated in, now the Without the set-aside, it would not Rail to Trail conversions, the acquisi- Chair of that subcommittee. And what have happened. In the 20 years before tion and preservation of historic land, we found was that Americans wanted ISTEA we invested only $40 million in and a host of other projects that have more out of their transportation expe- building bicycle facilities across Amer- all contributed to the quality of life in rience than simply getting from point ica. Since then we have invested $3.8 our neighborhoods and really for the A to point B. They wanted to use the billion and enhanced the quality of life increased safety which people so de- interstate system to get to their des- in America. Pass the Petri amendment. serve. tination, but then to enjoy a quality of Mr. Chairman, I rise in support of the Petri/ Once again, as I said earlier, these life, to enjoy more of America’s his- Olver amendment to strike Section 114 from projects are so critical in establishing toric, archeological, cultural and sce- the bill. Section 114 is nothing more than a back- livable communities. nic treasures, and the way to do that Mr. RADANOVICH. Mr. Chairman, I was to open a new vista within our door attempt to kill the Transportation En- hancements Program initiated in 1991 under move to strike the requisite number of transportation program, to use some of ISTEA and continued in 1998 under TEA 21. words. their dollars that those very travelers Mr. Chairman, I rise today in support and visitors have invested in the High- This boldfaced attempt to kill one of the most of the Petri-Olver amendment which way Trust Fund to improve and en- popular Department of Transportation pro- would strike language in this bill that hance the quality of life, projects that grams ever enacted is reckless and mis- guided, and should be soundly defeated. eliminates dedicated funding for trans- would initiate from the community, Section 114 would eliminate the mandatory portation enhancements. Transpor- from the grassroots up, projects that had been proposed and undertaken, but requirement that each State use up to 10 per- tation enhancement funds may be used cent of its Surface Transportation Program for fundamental economic development frustrated because the dollars were not there to do them over a period of the funding for the Transportation Enhancement in tourist-dependent communities, to program. Under existing law, States must use previous series of transportation pro- ensure preservation of vital historic re- that 10 percent of STP funds for alternative sources. These resources then become a grams. But those are highway programs. transportation projects such as bike and pe- draw to the visiting public. While destrian trails, streetscape renovations, rail-to- What we fashioned was a transpor- many enhancement projects are small rail conversions, and other surface transpor- tation concept; not only highways and in size, they achieve enormous benefits tation-related activities that contribute to the not only bridges, but transportation. in terms of promoting economic revitalization of communities and local and re- Part of that transportation experience growth and development and devel- gional economies. oping historic tourism. The President is scenic America, the quality of life, Continuation of the existing Transportation has initiated a program called Preserve the issues the gentleman from Illinois Enhancements Program, as enacted in ISTEA America to encourage historic tourism. spoke about, of jogging and hiking, and and continued in TEA 21, is supported by This program is dependent on transpor- bicycling, as the gentleman from Or- more than 70 national organizations that make tation enhancement funds. egon spoke to, and things that I enjoy up the Transportation Enhancements Coali- The Advisory Council on Historic as a cyclist. tion. These include: The American Association Preservation, headed by my good friend But those issues come from the peo- of State Highway and Transportation Officials; John Nau from Texas, has advised that ple. The choice of how to invest those National League of Cities; U.S. Conference of we restore these funds in order to en- transportation dollars come from the Mayors, Institute of Transportation Engineers; sure the goals of Preserve America. A people themselves, from all throughout League of American Bicyclists; Rails to Trails ‘‘yes’’ vote on the Petri-Olver amend- America. And you can see the Conservancy; and a wide variety of other envi- ment would help us do just that. So we upwelling of spirit that has followed ronmental, preservation and recreational orga- are looking to preserve America. the issuance of this transportation ap- nizations. Mr. OBERSTAR. Mr. Chairman, I propriations bill, when the enhance- Transportation, like all human activity, af- move to strike the requisite number of ments community, a wide spectrum of fects our communities and the environment. words. Americans, rose up and said, please, do The Transportation Enhancements Program (Mr. OBESTAR asked and was given not make this change. enables us to balance transportation improve- permission to revise and extend his re- There is a compact here between the ments with the need to protect the environ- marks.) citizens of America, between the people ment and the character of our communities. Mr. OBERSTAR. Mr. Chairman, I rise who use our highways, our transit Although Section 114 does not make en- in support of the Petri-Olver amend- ways, our enhancement ways, and our hancements ineligible for funding, it removes ment. We are here today to discuss one Federal Government and the States. the requirement that 10 percent of STP funds of the cornerstones of ISTEA and TEA– State governments now have opted must be used for these purposes. It is clear 21 of our current transportation pro- into this program. They have become that without the set-aside, many State High- gram, a cornerstone that our current partners. Citizens have taken control way Departments would shift money now Secretary of Transportation not only of their destiny and the quality of life going to enhancements to larger traditional supports, the administration supports that they want to see in America. En- projects. it, the bill to extend the life of TEA–21, hancement programs makes that pos- Before a set-aside was established in but our current Secretary of Transpor- sible. ISTEA in 1991, enhancements were eligible

VerDate jul 14 2003 05:35 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 9920 E:\CR\FM\K04SE7.070 H04PT1 H7878 CONGRESSIONAL RECORD — HOUSE September 4, 2003 for funding, but States did not fund them. In struct river paths, renovate town parks, refur- The Clerk read as follows: the 20 years before 1991, only $40 million bish scenic promenades, preserve historic Amendment offered by Mr. LEWIS of Cali- was spent on bicycle and pedestrian projects. sites, and improve pedestrian safety. Between fornia: From 1991 through 2002, however, with the 2001 and 2003, only 16 percent of the 74 eli- Under the heading ‘‘Office of the Sec- set-aside in place, over $2.2 billion was spent gible mid-Hudson projects received funding, a retary, Salaries and Expenses,’’ strike ‘‘not on bicycle and pedestrian projects, with 75 testament to both the program’s popularity and to exceed $225,000 shall be available for the Office of Intelligence and Security’’ and in- percent of the funds coming from the Trans- current funding constraints. sert ‘‘not to exceed $2,000,000 shall be avail- portation Enhancements Program. The total The benefits of the program are many and able for the Office of Intelligence and Secu- amount of funds for bicycle and pedestrian well known, but I would like to mention a few: rity’’ and under the heading ‘‘Office of the projects jumps to $3.8 billion for 8,526 projects (1) Quality-of-life. Over the past several dec- Chief Information Officer,’’ strike nationwide when projects in the pipeline, as ades, the car has become the preferred meth- ‘‘$16,565,000’’ and insert, ‘‘14,565,000’’. well as completed projects, are included in the od of movement, even for short distances. The Mr. LEWIS of California (during the totals. For all types of transportation enhance- resulting congestion has made everything from reading). Mr. Chairman, I ask unani- ment projects nationwide, the grand total pro- commuting to work to picking up groceries, mous consent that the amendment be grammed since 1991 is an impressive $8.4 bil- genuine headaches. Multi-lane arterials now considered as read and printed in the lion for 17,920 projects, less than $500,000 zig-zag through formerly quiet neighborhoods, RECORD. per project nationwide. Clearly, these kinds of exposing residents to noise pollution and The CHAIRMAN pro tempore. Is results could not have been achieved in the threatening our children’s safety. By financing there objection to the request of the absence of a dedicated Transportation En- construction of bicycle and pedestrian paths, gentleman from California? hancements Program. the Transportation Enhancements program There was no objection. The enhancement program requires less has provided individuals with serious transpor- Mr. LEWIS of California. Mr. Chair- than 2 percent of the entire program for sur- tation alternatives that can cut traffic, reduce man, the amendment at the desk is an face transportation. This is a modest amount accidents with cyclists and pedestrians, pro- amendment that comes from the Sec- to spend on these projects, which bring sub- tect green spaces an create truly livable com- retary, Mr. Mineta. He essentially is stantial transportation benefits and are sup- munities. urging the House to move a $2 million (2) Environment. Our reliance on cars, ported by a wide constituency. amount from the administrative funds which produce acid rain and smog-forming Any Member who doubts the importance of to that piece of the work done in the chemicals, has harmed our environment and the Transportation Enhancements Program Department of Transportation that in- needlessly compromised public health. Trans- need only look at the projects completed in his volves intelligence and security mat- portation is responsible for 50 percent of all or her congressional district. If Section 114 is ters. the air emissions that cause smog, which de- enacted, future enhancement projects in your There is willingness to accept this creases lung capacity and triggers asthma at- congressional district will clearly be placed at amendment on the part of the major- tacks. Over one million New Yorkers have risk. None of us should take that risk. I urge ity, as I understand it, and the minor- asthma and over 14 million State residents Members to vote for the Petri/Olver amend- ity. I will take no more of our time if live in areas where smog levels exceed the ment to strike Section 114. that is the case. Federal Government’s health standard. Full Mrs. LOWEY. Mr. Chairman, I rise in strong Mr. ISTOOK. Mr. Chairman, if the funding of the Transportation Enhancements support of the Petri-Olver amendment, which gentleman will yield, I am willing to program would help to bring into compliance would restore the set-aside for the transpor- accept the amendment. the many New York metro areas that fail to tation enhancements program. Mr. OLVER. Mr. Chairman, if the Passed over a decade ago, when Congress meet ozone standards. (3) Obesity. Finally, the Centers for Disease gentleman will yield, I am happy to ac- recognized a serious shortcoming in the Na- Control recently identified obesity, particularly cept the amendment as well. tion’s transportation system, the Transpor- among children, as a top national health risk. The CHAIRMAN pro tempore. The tation Enhancements program has ensured The absence of walking and bicycling opportu- question is on the amendment offered consistent funding for pedestrian- and bicycle- nities has played a major role in sky-rocketing by the gentleman from California (Mr. friendly transportation projects. Large Federal obesity rates, which, according to the CDC, LEWIS). highway budgets over the past several dec- equal or exceed 20 percent in 30 states. Obe- The amendment was agreed to. ades were instrumental in creating an inte- sity, which can lead to heart disease, high AMENDMENT NO. 12 OFFERED BY MR. LOBIONDO grated transportation network. The absence of blood pressure, and stroke, not only carries a Mr. LOBIONDO. Mr. Chairman, I offer serious intercity transportation alternatives, tremendous health toll but also steep eco- an amendment. however, increased reliance on cars, resulting nomic consequences. In 2001, indirect and di- The CHAIRMAN. The Clerk will des- in gridlock, longer travel times, additional pol- rect economic costs were estimated at $117 ignate the amendment. lution, and reduced quality of life. Federal billion. So, it is vital that opportunities to walk The text of the amendment is as fol- transportation planners’ preoccupation with and bicycle grow rather than diminish. Restor- lows: interstate highway construction and seeming ing the funding guarantee for the Transpor- Amendment No. 12 offered by Mr. neglect of local challenges frustrated many tation Enhancements program is critical to LOBIONDO: mayors, especially in my area. making this happen. Page 10, line 8, after the first dollar This is why the Transportation Enhance- Once again, I appreciate Congressman amount, insert the following: ‘‘(reduced by $2,000,000) (increased by $2,000,000)’’. ments program, which guaranteed a portion of OLVER and Congressman PETRI’s leadership Federal highway aid would go to multi-use on this issue and encourage my colleagues to Mr. LO BIONDO. Mr. Chairman, I rise paths, sidewalks, and bicycle lanes, is so im- support this amendment. today to offer this amendment to in- portant, and why the decision to eliminate the The CHAIRMAN pro tempore (Mr. crease funding for the Federal Aviation guaranteed funding component of this pro- HASTINGS of Washington). The question Administration William J. Hughes gram in this year’s transportation appropria- is on the amendment offered by the Technical Center located in Pomona, tions bill disappointed transportation analysts, gentleman from Wisconsin (Mr. PETRI). New Jersey. I understand that the com- environmental and public health advocates, The question was taken; and the mittee chairman, the gentleman from and state and local leaders. Chairman pro tempore announced that Oklahoma (Mr. ISTOOK) is prepared to New York needs this funding. Although the the ayes appeared to have it. accept the amendment. I would like to State has spent $300 million on transportation Mr. ISTOOK. Mr. Chairman, I de- see if that is still the case. enhancements since 1991, many of its needs mand a recorded vote. Mr. ISTOOK. Mr. Chairman will the remain unmet. Indeed, New York could afford The CHAIRMAN pro tempore. Pursu- gentleman yield? to fund less than 30 percent of proposals re- ant to clause 6 of rule XVIII, further Mr. LO BIONDO. I yield to the gen- ceived in the past 3 years, ultimately opting to proceedings on the amendment offered tleman from Oklahoma. use other Surface Transportation Program by the gentleman from Wisconsin (Mr. Mr. ISTOOK. Mr. Chairman, I am funds to pay for projects. PETRI) will be postponed. willing to accept the amendment. My own constituents are especially worried. AMENDMENT OFFERED BY MR. LEWIS OF Mr. LO BIONDO. Mr. Chairman, re- Since the creation of the Transportation En- CALIFORNIA claiming my time, I would like to hancements program, over $13 million has Mr. LEWIS of California. Mr. Chair- thank the chairman very much. The flowed to municipalities in my district to con- man, I offer an amendment. Tech Center engages in matters of

VerDate jul 14 2003 05:35 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.024 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7879 aviation safety and security that im- in facility. The details of this proposal We should not allow politicians to ex- pact the entire system. and the environmental impact report pand airports, to create construction Mr. Chairman, I had a second amend- were released on July 9, 2003, and are projects. We should not allow politi- ment that I had planned to offer today now open for public comment. There is cians to do this without the benefit of which I will not be offering. This sec- a strong coalition in the district op- the kind of review that will go even be- ond amendment would have restored posed to this plan. yond what FAA has been doing in the funding for research and development. Supporters of the proposed project to past and would include the consider- I have had conversations with the construct a remote passenger check-in ations of Homeland Security. Why did chairman about this. I know that there facility claim that the facility is nec- we develop a whole Department on are tremendous pressures from the essary to improve the safety and secu- Homeland Security if we cannot in- Aviation Trust Fund downturn as far rity of LAX, and, they claim, to pre- clude in it the review of these proposed as how these dollars would be distrib- vent terrorist attacks at LAX. How- projects for reconfiguration and expan- uted, but I would like to ask the chair- ever, it is even more likely that the sion by elected officials and politicians man to please do everything he can in concentration of passengers in a re- in all of these local areas? conference. This affects the Oklahoma mote passenger check-in facility could I know that my colleague on the Technical Center as well as the one in actually reduce the safety and security other side of the aisle has reserved a Pomona, New Jersey. These are dollars of LAX. point of order, and I respect that; but I which would go to aviation safety and The Rand Corporation conducted a would just ask my colleagues to find security. security study of the proposed remote some way to work with me, to take a Mr. Chairman, I hope the gentleman passenger check-in facility which was look at these kinds of expansion or re- will work to help restore those dollars released May 14, 2003. The study con- configuration projects. Mine may be in conference. cluded that the proposed project would the one that is being brought to you Mr. ISTOOK. Mr. Chairman, if the not significantly improve the security today, but this is going to happen all gentleman will yield further, we will of LAX. The study also suggested that over the country. What are these local certainly work together in conference concentrating passengers in the remote city councils, what are the mayors, to do everything that it is possible to passenger check-in facility would make what are the Governors, what are they do within the funds available. this facility the likely target of a ter- doing? Are they expanding construc- Mr. LOBIONDO. Mr. Chairman, re- rorist attack. The study even sug- tion in the name of politics, looking to- claiming my time, I thank the chair- gested that concentrating passengers wards the next election, or do we have man very much. in a remote passenger check-in facility really security factors built in to these The CHAIRMAN pro tempore. The would exacerbate the effects of such an kinds of projects? I would ask you to question is on the amendment offered attack. find a way to work with me on this. by the gentleman from New Jersey Mr. Chairman, this idea is not only POINT OF ORDER (Mr. LOBIONDO). opposed by many of the homeowner Mr. ISTOOK. Mr. Chairman, I make a The amendment was agreed to. groups in the area, it is basically op- point of order. AMENDMENT NO. 26 OFFERED BY MS. WATERS posed by the coalition throughout The CHAIRMAN pro tempore. The Ms. WATERS. Mr. Chairman, I offer southern California who is trying to gentleman will state his point of order. an amendment. get LAX to move to a regional response Mr. ISTOOK. Mr. Chairman, first, of The CHAIRMAN. The Clerk will des- to passenger increase. The Rand study course, the amendment is not germane ignate the amendment. did conclude that limiting the capacity to the bill. It relates to the Secretary The text of the amendment is as fol- of the airport would reduce the overall of Homeland Security, which is not lows: vulnerability of LAX to terrorist at- within the jurisdiction of this legisla- Amendment offered by Ms. WATERS: tacks. However, this could be accom- tion. Page 15, after line 13, insert the following: plished by maintaining LAX at its ex- Further, the amendment proposes to SEC. 108. (a) REVIEW.—The Secretary of isting capacity with no additional air- change existing law and constitutes Homeland Security shall conduct a review of port construction projects. legislation in an appropriations bill the proposed project for construction of a re- My amendment would require the and therefore violates clause 2 of rule mote passenger check-in facility at Los An- Secretary of Homeland Security to re- XXI, which states in pertinent part geles International Airport to determine view the proposed project to construct that an amendment to a general appro- whether the project as designed will protect a remote passenger check-in facility at priation bill shall not be in order if the safety and security of air passengers and the general public. LAX to determine whether the project, changing existing law. This amend- (b) REPORT.—Upon completion of the re- as designed, will protect the safety and ment gives affirmative direction, in ef- view, the Secretary shall transmit to Con- security of air passengers and the gen- fect, and I ask for a ruling from the gress and the Administrator of the Federal eral public. The amendment would also Chair accordingly. Aviation Administration a report containing prohibit the construction of this b 1545 the results of the review. project until such time as the Sec- (c) PROHIBITION.—The Administrator shall retary of Homeland Security has com- The CHAIRMAN pro tempore (Mr. not allow construction of the proposed pleted the review and determined that HASTINGS of Washington). Does any project until such time, if any, as the Sec- Member wish to be heard on the point retary has completed the review and deter- the project will improve protection of the safety and security of air pas- of order? mined that the proposed project as designed If not, the Chair is prepared to rule. will protect the safety and security of air sengers and the general public. The Chair finds that this amendment We cannot afford to experiment with passengers and the general public and will directly amends existing law. The offer greater protection than is currently the safety and security of the Amer- amendment, therefore, constitutes leg- available at the exiting facilities of Los An- ican people. geles International Airport. Mr. Chairman, we have gone through islation in violation of clause 2 of rule Mr. ISTOOK. Mr. Chairman, I reserve 9/11 and we have created Homeland Se- XXI. The point of order is sustained, a point of order against the amend- curity, and it seems to me that Home- and the amendment is not in order. ment. land Security cannot be excluded from AMENDMENT NO. 25 OFFERED BY MR. TANCREDO Ms. WATERS. Mr. Chairman, Los An- the review of these so-called expansion Mr. TANCREDO. Mr. Chairman, I geles International Airport, which is projects or reconfiguration projects, offer an amendment. located in my congressional district, is whatever name they come under, in the The CHAIRMAN pro tempore. The the third largest airport in the United many airports in this country, if in Clerk will designate the amendment. The text of the amendment is as fol- States, with capacity to serve 78 mil- fact we are concerned about the secu- lows: lion air passengers per year. The oper- rity of airports, and I know that we ator of LAX has proposed a rather con- are, and I am certainly concerned Amendment No. 25 offered by Mr. TANCREDO: troversial airport modernization about LAX. It has been said more than Page 17, line 16, after the dollar amount, project that would include the con- once that LAX is a target and that it is insert the following: ‘‘(increased by struction of a remote passenger check- at risk. $320,000,000)’’.

VerDate jul 14 2003 04:06 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.078 H04PT1 H7880 CONGRESSIONAL RECORD — HOUSE September 4, 2003 Page 39, line 1, after the dollar amount, in- come to an end sometime. We must the people, think. Just like the reau- sert the following: ‘‘(reduced by shut off the spigot of Federal funds and thorization of TEA–21, which would im- $320,000,000)’’. require the States, communities and prove our crumbling transportation in- Page 39, line 2, after the dollar amount, in- organizations that purport to need Am- frastructure and put millions of people sert the following: ‘‘(reduced by $120,000,000)’’. trak services, to foot a larger share of back to work, the issue concerning Page 39, line 3, after the dollar amount, in- the bill. Amtrak brings up a fundamental ques- sert the following: ‘‘(reduced by Remember also that during the tion as to where this Nation stands on $100,000,000)’’. chairman’s opening remarks and then public transportation. Page 39, line 5, after the dollar amount, in- subsequently through several re- We have an opportunity to improve a sert the following: ‘‘(reduced by sponses, he has had two amendments system that serves our need for pas- $100,000,000)’’. that have been offered, he has reiter- senger rail service, or we can let it fall Mr. TANCREDO. Mr. Chairman, my ated the need for more funding for our apart and leave this country’s travel- amendment would transfer $320 million highways. In fact, I think the figure he lers and business with absolutely no al- from Amtrak to the Federal Aid High- last used was a $400 billion deficit. We ternative forms of public transpor- way Program, reducing Amtrak’s total are $400 billion shy of what we need to tation. appropriation to $580 million for this maintain our highway systems and our We could fund this Nation’s entire year. This amount, by the way, is the bridges, $400 billion dollars. Now, I sug- passenger rail system for a year with original amount that the Transpor- gest that this is a relatively easy deci- the money that we spend in just one tation Appropriations bill called for sion for Members to make. What is week in Iraq. Let me repeat that. We prior to the adoption of an amendment more important to their constituents? could fund this Nation’s entire pas- in full committee. Now, I recognize fully well that many senger rail system for a year with the Mr. Chairman, Amtrak has posted Members here have worked for a long money we spend in just one week in staggering losses in recent years, de- time to bring home a chunk of money Iraq. But I guess the House leadership spite their continued promises to be- to their constituents to keep this rail and the Republican administration come self-sufficient. Time and time service subsidized, and I can say to have decided it is more important to again, however, those promises have them they have done a wonderful job, fund the needs of the Iraqi people than been broken as Amtrak continues to $30 billion over 20 years. They have the citizens right here in America. We hemorrhage money and continues to brought home plenty of pork. It is not continue to subsidize highways and come back to this body with out- a matter that we should be worried aviation, but when it comes to our pas- stretched hands. about whether or not more is nec- senger rail system, we refuse to provide Ironically, Mr. Chairman, Amtrak essary. I think they can be proud of the the money Amtrak needs to survive. Last year alone, we provided $18 bil- was originally established in 1971 as a, fact that they have been able to do as lion in direct funding to the airline in- believe it or not, for-profit corporation well as they have done over the last 20 dustry. Let me repeat that. Last year by Congress. Over the last 30 years years, but really this has to come to a alone, we provided $18 billion in direct though, Amtrak has never once turned stop. And when we have such pressing funding to the airline industry. a profit. It has, however, racked up needs as the chairman has laid out for nearly $30 billion in operating losses On November 12, 2001, I was in New us in the area of highways and road York when American Airlines flight 587 and even managed to receive a $2 bil- construction and bridge repair, it lion tax credit in 1997. That is despite crashed shortly after taking off from seems to me to be a fairly easy decision JFK Airport, creating a national panic the fact that the rail provider has for us to make, to transfer the amount never paid a penny in income tax. and shutting down the entire city. For- of money, the $320 million from Am- tunately for me and many Members of Now, some of my friends who oppose trak to Federal aid for highways. this amendment will tell you that the Congress who ended up at Penn Station Again, I want to reiterate the fact that day, Amtrak was still running and service provided by this inefficient mo- that what we are doing here is simply nopoly is invaluable to the traveling returned us safely to Washington to taking the appropriation down to the deal with this latest tragedy. I real- public, but the statistics do not bear same level that the Committee on Ap- that out. According to the American ized, once again, just how important propriations, that the Transportation Amtrak is to the American people and Association of State Highway and Appropriations bill called for origi- how important it is for this Nation to Transportation Officials, for example, nally, and then it got plussed up when have alternative modes of transpor- the percentage of Americans who walk it got to the full committee. But I tation. to work every day is roughly equal to think that the original amount was This issue is bigger than just trans- the number that ride the train, about 5 being very generous to this entity, to portation. This is about safety and na- percent. Amtrak, a private corporation, after tional security. Not only should we be In light of these statistics, one won- all, that has simply had never had the giving Amtrak the money it needs to ders as one political commentator ability to live up to the promises that continue to provide services, we should noted, if it makes as much sense for have been made. be providing security money to up- Congress to subsidize Nike sneakers as We are in tight financial times. grade their tracks and improve safety it does for them to subsidize rail serv- There are not dollars flowing into the and security measures in the entire ice. coffers of the government that can be rail system. Subsidies on some of the longest distributed so liberally. So I ask when Some people think the solution to routes are so high, reaching about $250 that time occurs to make a decision the problem is to privatize the system. per passenger in some cases, that many about what is more needy, vote for If we privatize, we would see the same times it would actually be cheaper for your highways and bridges and not for thing we saw when we deregulated the the Federal Government to purchase the Amtrak subsidy. I ask for an ‘‘aye’’ airlines. Only the lucrative routes will plane tickets for passengers than to vote on the amendment. be maintained, and routes in rural lo- subsidize the purchase of their train Ms. CORRINE BROWN of Florida. cations will be expensive and few. ticket. Mr. Chairman, I move to strike the last Once again, we see the Bush adminis- Not surprisingly, Amtrak is back word. tration’s ‘‘too little too late policy.’’ I again asking Congress to bail them out Mr. Chairman, first of all, I want to am surprised they have not suggested a with yet one more $1 billion appropria- speak against that amendment, and I tax cut to solve this problem. Instead, tion. And this is after the beleaguered want to begin by thanking the gen- they are trying to take the money rail carrier promised Congress finan- tleman from New York (Mr. QUINN) and from the hard working Amtrak em- cial solvency just a short time ago. the other 220 Members of the House of ployees, who day and night work to Mr. Chairman, the unhealthy rela- Representatives that sent a letter to provide top quality service to their tionship between Amtrak and the Con- the Committee on Appropriations seek- passengers. These folks are trying to gress has become a seemingly endless ing full funding for Amtrak. But the make a living for their families, and cycle of empty promises and bottom- Republican leadership and this Bush they do not deserve the shabby treat- less government subsidies. This has to administration do not care what we, ment from the President. It is time for

VerDate jul 14 2003 04:06 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.029 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7881 the Bush administration to step up to was changed in order to bring it to the every other single country in the the plate and make a decision about full Committee on Appropriations in world. If we look at our rail systems in Amtrak based on what is best for the order to have enough votes to get that the United States of America, we will traveling public and not what is best bill out of the full Committee on Ap- find we are behind almost every highly for the right wing of the Republican propriations to bring it back to the civilized country in the world, the Eu- party and the bean counters at OMB. $900 million level that the President ropean countries, Japan and a lot of This is not about fiscal policy. This had asked for. In fact, I should remind others. is about providing a safe and reliable Members that 220 Members of the We have for years and years and public transportation system that the House of Representatives had peti- years not funded rail to the extent that citizens of this Nation need and de- tioned the Committee on Appropria- it is needed, and it is true that we fund serve. Let us stop this crisis now before tions asking that the full funding re- it and it is true that it is so-called sub- it is too late. quested by Amtrak should be provided sidized, but the bottom line is that we Mr. QUINN. Mr. Chairman, I move to for Amtrak and that was double what are dealing with tunnels going into strike the requisite number of words. is already here. Baltimore, built right after the Civil Mr. Chairman, I am not going to be- So this is replowing the old ground War, into New York City, or most close labor the point here or take extended that we in the Committee on Appro- to that, and we are simply not making amounts of time, but I feel compelled priations had to go through to bring the improvements we have to make to to rise and respond to my friend from this bill to the floor in the first place get the speeds up to attract the rider- Colorado in this amendment because in and would be reversing that movement. ship. just two speakers, after the gentleman I think that is distinctly a wrong thing In spite of that, we have more people from Florida (Mr. HASTINGS), I will be to do. Let me also point out that in re- riding the rails now from New York offering an amendment to increase the gard to the $900 million appropriation City to Washington than are taking aid for Amtrak. which is included in the bill before us, airlines from New York City to Wash- While we have an opportunity to dis- and I am interested in the comment ington. We pour tremendous money cuss this, I would like to point out that that my good friend, the gentleman into our other infrastructure and into when we talk about money for rail pas- from New York (Mr. QUINN) stated, the the upkeep costs of other forms of senger systems in this country, many chairman of the Subcommittee on transportation. of us do not consider that to be pork, Railroads of the Committee on Trans- Look at the air industry, for exam- no matter what kind of money we have portation and Infrastructure has made ple. We pay, often locally and by brought back, to what kind of district, about providing Amtrak just enough so States, we pay for the airports, a huge for what kind of rail transportation, we that it would fail, when Ken Mead, the expense which is out there, and the do not consider that pork. When people Department of Transportation’s In- FAA, we pay for the comptrollers. The depend on that to get to work, to get to spector General was asked by me as to Transportation Security Agency pri- where they need to be, how much what would be the result of the appro- marily is aimed at that. It cost billions money over any number of years is not priations of $900 million, and I intend of dollars to do all these things, much considered pork to many of us? So I to support the idea of increasing that more than we are trying to put into need to disagree with the gentleman appropriation farther down the road, rail, far more than we have ever put from Colorado (Mr. TANCREDO) a little but he sent a letter back to me, and I into rail before. bit. will quote from that letter. He sent a The infrastructure is absolutely I think we have given Amtrak, I have letter on July 10 in response to those needed. Obviously we put a lot of said this so many times, just enough questions about the impact of various money into the concrete of our roads. money each year to make certain it funding levels. In regard to the $900 We do get a return as far as gas money fails, so that friends like the gen- million level which the gentleman is concerned. I drive from Wilmington, tleman and others want to know why it from Colorado’s (Mr. TANCREDO) Delaware to here from time to time. It does not work, because we have not amendment would reduce substan- is incredible how crowded those roads funded it properly. The new president, tially, he said, ‘‘Because there would are, but it is also incredible to see how David Gunn, has made significant not be any funds remaining for other crowded the trains are and how we changes at Amtrak. He has talked with capital investments, operational reli- could use more trains. us on the Subcommittee on Railroads. ability likely would suffer. None of the So I will be the first to agree there He has talked with the chairman of the backlog of capital needs could be ad- need to be more efficiencies. subcommittee for Appropriations, and I dressed at that funding level.’’ I would just say this to my good think it would be in our best interest friend, the gentleman from Colorado. I not to take money away but to give b 1600 hope he will talk to David Gunn. I do Mr. Gunn and others the tools they So that puts us a step backward on not know if he talked to him or not. He need to get the job done correctly. the process of funding Amtrak at a is the new CEO, relatively new, in the So I respectfully will oppose the gen- level that would allow it to continue last couple of years at Amtrak. He tleman’s amendment, and in a few and continue safely as a provider of really has some good ideas. He really short minutes offer an amendment to passenger rail service for this Nation. has some good strategies in terms of increase the funding. So I would urge Members to oppose how to make Amtrak, and I am not Mr. OLVER. Mr. Chairman, I move to this amendment by the gentleman going to call it profitable because I am strike the requisite number of words. from Colorado (Mr. TANCREDO). not sure that is right, but to reduce the Mr. Chairman, I rise in opposition to Mr. CASTLE. Mr. Chairman, I move subsidies which are necessary to pro- the amendment that has been offered to strike the requisite number of vide this very important form of trans- because this is ground that we have al- words. portation for at least portions of the ready been over. The bill that is before Mr. Chairman, I too oppose this United States of America, obviously us provides $900 million for fiscal 2004 amendment, and I concur with those the eastern seaboard, the region for Amtrak, and that, it turns out, is speakers who have spoken to that, and around Los Angeles and around Chi- exactly what the President had rec- I will certainly support the amendment cago and various other areas. I am not ommended for Amtrak for fiscal year of the distinguished gentleman from suggesting we need to go across the 2004. New York State (Mr. QUINN). country and go for 4 days, whatever it In fact, we are covering old ground We have really in this country the may be, but the bottom line is this is because this was settled at an earlier time has come to start looking at our an extraordinarily important mode of point. The Transportation Sub- transportation systems. If we look at transportation, and I think we need to committee had in fact made a rec- our airlines, if we look at our airports sit down and recognize that and do all ommendation to full committee for the and the entire air systems, if we look that we can. number which the gentleman from Col- at our roads, if we look at our ports, we I implore the White House, this com- orado (Mr. TANCREDO) has asked for. are going to find that America is at mittee, the Senate and everybody to And it was one of those provisions that least competitive, if not ahead, of try to do this. The Senate has spoken

VerDate jul 14 2003 04:06 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.085 H04PT1 H7882 CONGRESSIONAL RECORD — HOUSE September 4, 2003 to this, at least to a degree. They have us ably and importantly and critically AMENDMENT NO. 4 OFFERED BY MR. HASTINGS raised their amount in subcommittee at a time when the airline industry OF FLORIDA which is looking at it to $1.34 billion; could not. It has served us in the past Mr. HASTINGS of Florida. Mr. Chair- 218 Members, that is a majority of this when other means of transportation man, I offer an amendment. House, have signed a letter requesting could not. The CHAIRMAN pro tempore. The the $1.8 billion. There are many people I want to go to the core of the Am- Clerk will designate the amendment. The text of the amendment is as fol- who recognize what we have to do. trak question, and that is the north- lows: I am, like everybody else, if there is east corridor, and say simply that it fat there, sure, we want to squeeze that faces imminent threat in terms of its Amendment No. 4 offered by Mr. HASTINGS out and we want an efficient system, of Florida: reliability and utility, because as the Page 5, line 21, after ‘‘$45,000,000’’ insert but we need a good rail system in gentleman from New York (Mr. QUINN) ‘‘(decreased by $45,000,000)’’. America, and we cannot continue to points out, I believe this Congress has Page 68, line 11, after ‘‘$1,628,739,000’’ insert underfund it so badly that we cannot undertaken a methodology in which we ‘‘(decreased by $165,000,000)’’. make the capital improvements and do simply ensure its failure rather than Page 91, line 1, after ‘‘$495,000,000’’ insert the other things which are necessary to ‘‘(increased by $232,000,000)’’. its success if we continue to defer in- Page 108, line 23, after ‘‘$35,914,000’’ insert keep it up. So I implore all of us to do vestment, and we risk losing service ‘‘(decreased by $22,000,000)’’. this. between Boston and Washington, which Mr. HASTINGS of Florida. Mr. Chair- I do not know where these amend- is at the hub of that core of service, if ments are going, but obviously at some man, I rise today to offer an amend- any service disruptions in Amtrak are ment to H.R. 2989. This amendment in- point this is going to be in conference, experienced. creases the amount of funding provided and very important decisions are going The northeast corridor is critical to in this bill for election reform. to be made about the future of rail in our Nation and it is the heaviest trav- When the 107th Congress overwhelm- America, and I hope when that happens eled railroad in North America. It is ingly passed the Help America Vote that we put together a good plan that not a simple luxury for many people. In Act, it made a commitment to the really works, we listen to Mr. QUINN fact, 1,700 trains operate over some por- American public that we would restore and others who are vitally interested tion of the Washington-to-Boston route reliability to America’s elections sys- in that. each day in this Nation, providing peo- tem. Last year, Congress grossly un- I would encourage the defeat of the ple the opportunity to work, providing derfunded its authorized commitment. amendment. I would encourage support people the opportunity to carry on the Again, today, we are considering a bill of the Quinn amendment, and hopefully business of this Nation and go to the that provides less than 50 percent of when we get to conference we will real- places they need to go. the amount authorized. The Help ly get the job done on rail in the As the gentleman from Delaware (Mr. America Vote Act authorized more United States of America. CASTLE) pointed out, the northeast cor- than $1 billion in funding for fiscal Mr. SWEENEY. Mr. Chairman, I ridor carries more from New York to year 2004. Yet this bill appropriates move to strike the requisite number of Washington each day than both air- only $500 million. words. lines in providing their shuttle service, In less than 6 months, Mr. Chairman, I thank the chairman for recognizing combined, do. Pretty critical service Americans will begin traveling to the me and want to rise in opposition to that it provides. It carries more than polls to vote in the Presidential pri- my good friend and classmate the gen- 35,000 people a day, the entire corridor, maries. The unfortunate reality is that tleman from Colorado’s (Mr. and the Northeast is the only area in they will be returning, in many re- TANCREDO) amendment and preemp- which Amtrak runs trains and owns spects, to the same system that failed tively rise in support of my other good tracks and I think provides us the them in many respects 3 years ago, friend and State mate the gentleman greatest opportunity to build from simply because Congress has not fol- from New York’s (Mr. QUINN) amend- within that railroad’s experience. lowed through with its financial com- ment that he will offer later on restor- mitment to States, counties, and local ing full funding to the Amtrak system. As it relates to the notion that this is somehow pork, I want to point out to governments. In doing so, I want to point out that The amendment I am offering today we have had this debate in Congress for my good friend and others that this Congress has not been hesitant to sub- increases funding in the bill for the im- a decade at least, that it is almost un- plementation of the Help America Vote reasonable to expect that this trans- sidize private entities like airlines, has not been hesitant, as the gentleman Act by $232 million. This extra money portation appropriation bill is going to for election reform funding today will from Delaware (Mr. CASTLE) pointed be the bill, the vehicle in which we are improve local election systems while out, to provide other infrastructure going to be able to solve the many offsetting the increase with funds that subsidies throughout the system, and problems that we have in Amtrak; but might not be used for well over 2 years. that to decide arbitrarily or subjec- in doing so, I want to recognize the This body has an opportunity to say to tively that while Amtrak may not diligence of my chairman, the gen- Americans across the country that we serve portions of the Nation, it is tleman from Oklahoma (Mr. ISTOOK) are committed to election reform. My therefore not in the national interest, who worked and strove diligently amendment makes this commitment is simply wrong. throughout this process. As we marked clear and takes us one step closer to a I want to again thank my friend, the up the bill in the subcommittee, the day when Americans will walk away gentleman from New York (Mr. QUINN), ranking member, the gentleman from from the polls knowing that their vote and involve my support for his amend- Massachusetts (Mr. OLVER), pointed will not only be counted but will actu- ment. out that a number of us voted to sup- ally count. I would urge my colleagues port this bill so we could push it along The CHAIRMAN pro tempore (Mr. to vote yes on this amendment. the process and get it into the full HASTINGS of Washington). The question I would also like to take a point of committee and now on to the floor to is on the amendment offered by the personal privilege to thank the gen- talk about the intricacies and the gentleman from Colorado (Mr. tleman from Maryland (Mr. HOYER), many problems facing Amtrak today. TANCREDO). the gentleman from Ohio (Mr. NEY) and I support the notion that we restored The question was taken; and the the many Members who have supported to $900 million a portion of the White Chairman pro tempore announced that the Help America Vote Act in its House’s recommended portion of the the noes appeared to have it. present form, and assuredly all of us funding but recognize that we are woe- Mr. TANCREDO. Mr. Chairman, I de- should bring ourselves to want to do fully short and recognize that this is a mand a recorded vote. what is right by all of our constituents vital national interest with which we The CHAIRMAN pro tempore. Pursu- as it pertains to voting. must soon address its needs, and in ant to clause 6 of rule XVIII, further Mr. ISTOOK. Mr. Chairman, I move failing to do so, we further put at risk proceedings on the amendment offered to strike the last word. the viability of a system that, as was by the gentleman from Colorado (Mr. Mr. Chairman, I rise in opposition to pointed out by a speaker before, served TANCREDO) will be postponed. the gentleman from Florida’s (Mr.

VerDate jul 14 2003 04:06 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.087 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7883 HASTINGS) amendment. I understand critical to every taxpayer in the coun- The CHAIRMAN pro tempore. The his concern with having more Federal try. Clerk will designate the amendment. funds for voter reform and voting sys- So I appreciate the gentleman’s ef- The text of the amendment is as fol- tems reform in the country. We have fort, but I do oppose his amendment. lows: Mr. CUMMINGS. Mr. Chairman, I rise today the money of course in the bill, which Amendment No. 16 offered by Mr. QUINN: frankly we have treated as inviolate. to ask my colleagues to support the Hastings amendment that will provide much needed Page 39, line 1, strike ‘‘$900,000,000’’ and in- We have not sought to diminish the sert ‘‘$1,712,000,000’’. money for election reform grants to states, amount or invade the election reform Page 39, line 2, strike ‘‘$400,000,000’’ and in- dollars for the purpose of transpor- which are to be used to update state election sert ‘‘$668,000,000’’. tation or any other function. However, systems and replace obsolete voting equip- Page 39, lines 3 through 6, strike if we open up that Pandora’s box, I ment. ‘‘$373,000,000 for quarterly grants for capital think we would find a great many After the 2000 presidential election cycle, expenses along the Northeast Corridor Main- Members who would be interested in many Americans felt disenfranchised or even line, and $127,000,000 for quarterly grants for saying we need transportation more worse that their vote was not counted. These general capital improvements: Provided’’ and lingering problems mostly affected minority insert ‘‘$1,044,000,000 for quarterly grants for than we need to be subsidizing some and poor neighborhoods. In response to the capital improvements: Provided, That the States that have not reformed their national outcry for reform, Congress over- Secretary shall not obligate more than system on their own. whelmingly passed the Help America Vote Act $544,000,000 for quarterly grants for general The gentleman’s amendment opens (HAVA) establishing minimum federal stand- capital improvements before October 1, 2004: up that box. I am not trying to take ards for federal elections that include upgrad- Provided further, That no payments of prin- cipal or interest shall be collected during fis- the money we have in the bill for elec- ing voting machines and registration proc- tion reform and move it out elsewhere, cal year 2004 for the direct loan made to the esses. Passage of the bill provided an oppor- National Railroad Passenger Corporation but I think the money we have in the tunity to reform outdated systems and show bill for the modernization of the IRS, under section 502 of the Railroad Revitaliza- the American people and the world that fair tion and Regulatory Reform Act of 1976 (45 for Department of Transportation, and and just elections are important and possible. U.S.C. 822): Provided further’’. for the National Archives should not be The HAVA authorized more than $3 billion Page 157, after line 2, insert the following invaded to put money into the election over five years to improve our election sys- new section: reform pot to be sent around to States. tems, which includes improving voting tech- SEC. 742. Each amount appropriated or oth- With the funding provided in the bill nology. However, the bill before us today only erwise made available by this Act for the De- already, Congress will have appro- appropriates $500 million, leaving states with- partment of the Treasury that is not re- priated $2 billion to date for reforming out resources to make critical systems up- quired to be appropriated or otherwise made the election system in this country. I dates for the upcoming elections this year and available by a provision of law is hereby re- am well aware it is not the same as the in 2004. States deserve the resources to duced by 4 percent. authorized level, but $2 billion is still make a real change. The amendment offered Mr. ISTOOK. Mr. Chairman, I wish to an enormous amount of money. Nearly by the gentleman from Florida, Mr. HASTINGS reserve a point of order. 99 percent of that money has gone or goes a long way to make true election reform The CHAIRMAN pro tempore. The will be going directly to the States for a reality. gentleman from Oklahoma reserves a the improvement of voting systems, in- The Hastings amendment increase funding point of order. cluding the purchase of up-to-date, re- for the implementation of HAVA by $232 mil- Mr. QUINN. Mr. Chairman, I want to liable ballot equipment; $650 million of lion, which will be offset in accounts that do begin this discussion by commending that money has already been obligated. not need the money, this fiscal year. This subcommittee Chairman ISTOOK for his The gentleman, though, wants to ac- money will help restore confidence in this diligence for bringing this bill to the celerate that process. In doing so, it country’s election system. floor today. He and his committee have Mr. Chairman, one of the reasons given for eliminates the $45 million for the De- done their level best with obviously going to war in Iraq was to bring democracy partment of Transportation head- limited resources that he was given to to Iraq. We also must do all we can in this quarters, reduces by $165 million the meet tremendous transportation needs country to preserve the right to vote and pro- critical and already long-overdue re- and infrastructure needs throughout form of the IRS information systems vide the necessary funds to update voting pro- cedures in the United States. Voting is not just the country. accounts so taxpayers can get honest, We need to build roads; there is no accurate, timely, reliable information a right but also a privilege. We must ensure that the voting mechanisms in America are fair question about that. We need to repair about their tax status in this country, bridges. We need to expand the capac- and the $22 million that he wants to and just. The Hastings amendment will help put us ity of our airports, but I do not believe pull out of the National Archives with on the correct path. The world will closely that we can forget about our other their important preservation of the watch the next election to make sure our ac- major mode of transportation and that heritage of the country. tions speak louder than our words. Let this is passenger rail service. The Committee on Appropriations body act with integrity and support the Unfortunately, Mr. Chairman, there has decided to fund these programs at Hastings amendment and renew our commit- is not enough money to go around. In the levels which we have after very ment to establishing federal standards for fed- order to provide safe, efficient, and re- careful consideration and working eral elections and voting an outlined in HAVA. liable passenger rail service, Amtrak closely with the authorizers. As such, I urge all of my colleagues to sup- president David Gunn has said the b 1615 port this worthwhile amendment. company needs $1.8 billion next fiscal The CHAIRMAN pro tempore (Mr. We have funded at the level that was year. This bill appropriates only half of HASTINGS of Washington). The question that. mutually agreed upon. I have not is on the amendment offered by the In my opinion, this will simply con- sought to invade that for transpor- gentleman from Florida (Mr. tinue to do what we have done before, tation needs. Similarly, I would not HASTINGS). want to invade the other portions of The question was taken; and the and I said it earlier this afternoon, we this bill for the election reform. I do Chairman pro tempore announced that will provide Amtrak with just enough not want that carefully crafted com- the noes appeared to have it. money to make sure that it fails. In promise to fall apart, as I believe the Mr. HASTINGS of Florida. Mr. Chair- this case, Mr. Chairman, I think with gentleman’s amendment would cause it man, I demand a recorded vote. even worse results. to do. The CHAIRMAN pro tempore. Pursu- Our railroad subcommittee and the I know that the gentleman offers the ant to clause 6 of rule XVIII, further full Committee on Transportation and amendment in good faith in an honest proceedings on the amendment offered Infrastructure earlier this year passed desire to improve more rapidly the by the gentleman from Florida (Mr. an authorization of $2 billion. Fol- election reform systems in the coun- HASTINGS) will be postponed. lowing that, I organized and sent a let- try, but we should not be hampering AMENDMENT NO. 16 OFFERED BY MR. QUINN ter with over 220 signatures to the ap- the modernization efforts of the other Mr. QUINN. Mr. Chairman, I offer an propriators asking for this same parts of government which are equally amendment. amount of money.

VerDate jul 14 2003 04:33 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.104 H04PT1 H7884 CONGRESSIONAL RECORD — HOUSE September 4, 2003 That bill coupled with our bonding tional points. Obviously I agree with Mr. QUINN. Mr. Chairman, I ask proposal to develop high-speed rail cor- the amendment of the gentleman from unanimous consent to strike the last ridors would create the type of pas- New York (Mr. QUINN). We are not word. senger rail network that this country going to win this point. I understood The CHAIRMAN pro tempore. With- needs and has to have. the point of order of the gentleman out objection, the gentleman from New My amendment this afternoon would from Oklahoma (Mr. ISTOOK) and notice York is recognized. raise the level of funding for Amtrak to he is a good friend and a good chairman There was no objection. $1.7 billion and forgive them the $100 and is doing the best job he can with Mr. QUINN. Mr. Chairman, I want to million loan that they received from this particular bill, which is difficult. thank the gentleman from Delaware the Department of Transportation 2 I just have to go back to what we are (Mr. CASTLE) for his remarks, and I years ago. It would provide Amtrak doing in transportation and just ask deeply appreciate the position of the with the necessary capital and funding everybody in leadership and everybody gentleman from Oklahoma (Mr. to make those improvements along that is going to be involved in the ulti- ISTOOK). I realize that this is not the this popular northeast corridor that we mate conference on this to really pay place for this discussion, not only have talked about today as well as attention to what is happening to rail where the discussion should take place track and bridge repairs throughout its service in the United States of America but the decision made. entire system, not just the northeast and to other services in general. Mr. BACA. Mr. Chairman, I rise in support of corridor. I have already indicated in our air- the Quinn Amendment to the Transportation The Senate Transportation Appro- ports, for example, that we have the Appropriations bill for fiscal year 2004. priations Subcommittee just yesterday comptrollers, we have the TSA, and we If we do not pass this amendment, Amtrak passed their version of this bill and in- have billions of dollars of expenses; we is guaranteed to close because of lack of cluded $1.3 billion for Amtrak. While put $15 billion, $15 billion, after 9–11 funding. Amtrak is a valuable resource to this this is a step in the right direction, I into stabilization for our airline indus- nation and to my home state of California. It believe even more needs to be done. try in this country. The request here is carries millions of passengers every year and Mr. Chairman, I am a firm believer $1.8 billion for a significant industry to employes thousands of workers. This nation is that a national passenger rail system allow them to do the infrastructure not in the position to lose such a valuable re- has to be in place. I intend to work which they would have to do in order source. We must continue to fund Amtrak and with the gentleman from Oklahoma to be able to carry out a proper trans- fund it 100 percent. Last year Amtrak shut down because of lack (Chairman ISTOOK) and the full com- portation system. mittee chairman, the gentleman from Let us look at what we have: not a of funding. This bill is certain to close Amtrak’s doors once again this year because it simply Florida (Chairman YOUNG), to increase single passenger rail system in the provides $900 million in funding. That is not the funding for Amtrak in the con- world which operates in a profitable enough to keep Amtrak operating. Amtrak ference negotiations with the Senate. way. Countries with well-developed rail Mr. Chairman, if these numbers hold systems with much smaller popu- needs $1.8 billion in survive. Amtrak is a company that has not been fully that we see today, I will predict disas- lations, such as Germany and Japan, funded since its creation in 1970. We have trous consequences for passenger rail invest $3 billion to $4 billion, while we never given this company the full resources service next year as we know it. are asking for $1.8 billion, $3 billion to that it needs to survive and it is time to Mr. Chairman, I would just like to $4 billion annually on passenger rail, change this. ask a hypothetical question of Mem- which is over 20 percent of their total Amtrak provides a valuable resource to bers on my side of the aisle that next transportation spending. commuters and travelers all over this nation, What happens to the roads there? August when the meeting is held in and yet it only absorbs 1 percent of the fed- The roads free up and people go with New York City I want to know who is eral transportation budget. 1 percent! going to answer the questions when the rail systems. That is what we want Amtrak last year covered nearly 65 percent there is no Amtrak service provided to to do here in the United States of of its own operating costs. No rail system in get to the city and from the city and America. I honestly believe if we give the world is that self funded! It is a good pro- around the city. this a long-term approach, with the gram and it must continue to keep its doors POINT OF ORDER capital improvements, with the main- open. Mr. ISTOOK. Mr. Chairman, I do tenance which is necessary running the We need more job creation right now, not make my point of order against the systems where it should, and with the job elimination. Amtrak employs over 20,000 amendment because it proposes to decisions for efficiency where it is workers. If we allow it to close, what will hap- change existing law and constitutes needed, that we will have a system of pen to these families? How will these families legislation in an appropriation bill, rail in this country for which we can replace the loss of income and the loss of therefore violating clause 2 of rule always be proud. But frankly, if we benefits? Our economy simply isn’t in the po- XXI. continue to try to keep nickel and sition to keep closing doors on workers. That rule states in pertinent part, diming this operation by giving them, In California, 3.5 million people used Amtrak ‘‘An amendment to a general appro- say, $900 million when indeed they need last year. That is 16 percent of its total rider- priation bill shall not be in order if twice that amount of money to run ship! changing existing law.’’ The amend- this, unfortunately we will never get to Amtrak employs over 4000 people in my ment gives affirmative direction in ef- that point. state and represents over $100 million dollars fect, and I ask for a ruling from the We are not going to rescue this in salaries. My state simply cannot afford to Chair. today. Unfortunately, we do not have a see anymore job loss and it cannot afford to Mr. CASTLE. Mr. Chairman, if he large enough body of votes here to be see any more families lose their benefits. would yield to let me speak to this for able to do that necessarily. But the We must think about the consequences of a couple of minutes. bottom line is that at some point this our actions today. We must think about what The CHAIRMAN pro tempore. The Congress and this administration need the abandonment of our national rail system gentleman from Oklahoma may con- to sit down and make that decision, will do to commuters, workers, and families in tinue to reserve his point of order. and hopefully it will be a firm decision this nation. At a time when other nations are Mr. ISTOOK. As long as my point of to make sure that rail is elevated so expanding their intercity passengers rail sys- order is reserved, I have no objection if that it is at the point where it is abso- tems, we should not guarantee the shutdown the gentleman from Delaware (Mr. lutely competitive with other coun- of ours. At a time when Americans are trav- CASTLE) would like to strike the last tries and other transportation systems eling more than ever, we cannot turnour backs word. in the United States of America. I do on affordable transportation. I urge my col- The CHAIRMAN pro tempore. Point hope that we will be able to do that, leagues to support this amendment. of order is reserved. and I would suggest that we would be Mr. QUINN. Mr. Chairman, I ask Mr. CASTLE. Mr. Chairman, I move best served if we did it, and the sooner unanimous consent to withdraw the to strike the last word. I do not want the better. amendment. to wear out my welcome. So I am in support of the amend- The CHAIRMAN pro tempore. Is I did speak to this just a few minutes ment, but also I am in support of mak- there objection to the request of the ago, but there are a couple of addi- ing sure we resolve this problem. gentleman from New York?

VerDate jul 14 2003 04:33 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.092 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7885 There was no objection. Finally, the study should determine Ms. HOOLEY of Oregon. Mr. Chair- AMENDMENT NO. 9 OFFERED BY MS. HOOLEY OF the approximate cost for States to ini- man, I demand a recorded vote. OREGON tiate these security features so we can The CHAIRMAN pro tempore. Pursu- Ms. HOOLEY of Oregon. Mr. Chair- determine the impact this would have ant to clause 6 of rule XVIII, further man, I offer an amendment. on State budgets and the feasibility of proceedings on the amendment offered The CHAIRMAN pro tempore. The various approaches from a cost per- by the gentlewoman from Oregon (Ms. Clerk will designate the amendment. spective. HOOLEY) will be postponed. The text of the amendment is as fol- As a matter of national security, we AMENDMENT OFFERED BY MR. KENNEDY OF lows: must take steps to protect our primary MINNESOTA Amendment No. 9 offered by Ms. HOOLEY: source of identification both to protect Mr. KENNEDY of Minnesota. Mr. Page 2, line 8, after the first dollar amount our homeland from terrorist threats Chairman, I offer an amendment. insert the following: ‘‘(increased by and to stem the growing tide of iden- $500,000)’’. The Clerk read as follows: tity theft. This amendment would pro- Page 83, line 7, after the first dollar Amendment offered by Mr. KENNEDY of amount insert the following: ‘‘(reduced by vide the necessary knowledge to ac- Minnesota: $500,000)’’. complish this mission. The additional Page 39, line 1, after the dollar amount, in- Ms. HOOLEY of Oregon. Mr. Chair- funding for the study is offset by a re- sert the following: ‘‘(reduced by man, this amendment is simple and duction of $500,000 out of the adminis- $320,000,000)’’. could go a long ways towards increas- trative account of the Office of Man- Page 39, line 2, after the dollar amount, in- agement and Budget. The CPO has sert the following: ‘‘(reduced by $40,000,000)’’. ing the security of our States’ drivers Page 39, line 3, after the dollar amount, in- licenses, which are the primary means scored this amendment as revenue neu- tral. sert the following: ‘‘(reduced by of photo identification in this country. $273,000,000)’’. These documents are too easily forged, Again, this bill deals with drivers li- Page 39, line 5, after the dollar amount, in- counterfeited, stolen, or improperly censes. It looks at the best practices sert the following: ‘‘(reduced by $7,000,000)’’. distributed. In fact, the Inspector Gen- States can use to secure those drivers Page 61, line 9, after the first dollar eral for the Department of Transpor- licenses, it looks at how we encourage amount, insert the following: ‘‘(increased by tation recently stated that a Maryland States to put this in place, and it de- $2,285,000)’’. DMV employee had pleaded guilty to termines a cost. This is an Page 67, line 3, after the dollar amount, in- antiterrorist amendment. This is an sert the following: ‘‘(increased by falsifying driver licenses for 10 people. $12,250,000)’’. How many of these could have ended up anti-identity theft amendment. I urge my colleagues to protect our citizens Page 67, line 4, after the dollar amount, in- in the hands of terrorists or criminals sert the following: ‘‘(increased by seeking to steal the identity of law- and our national security by sup- $4,250,000)’’. abiding citizens? porting this important amendment. Page 67, line 5, after the dollar amount, in- Drivers licenses are literally the keys Mr. ISTOOK. Mr. Chairman, I rise in sert the following: ‘‘(increased by to the country’s security. With a driv- opposition to the amendment. I cer- $8,000,000)’’. er’s license, when you show your iden- tainly appreciate the good intentions Page 84, line 20, after the dollar amount, of the gentlewoman from Oregon; how- insert the following: ‘‘(increased by tity, you can write a check. When you ever, I cannot support the amendment. $28,790,000)’’. show your driver’s license, you can get We already have, through the Na- Page 85, line 21, after the dollar amount, on a plane; when you show your driv- tional Highway Safety program, a insert the following: ‘‘(increased by er’s license, you can take a tour of the great number of efforts with States re- $276,675,000)’’. White House. In Oregon, a local woman garding their drivers license programs. b 1630 is serving an 11-year sentence in prison There is funding already there. We do Mr. KENNEDY of Minnesota. Mr. because she was finally caught pro- not need another $500,000 study. In fact, ducing counterfeit drivers licenses Chairman, my amendment is simple. It a number of States have already adopt- increases funding for some incredibly right out of her home. ed provisions. For example, my State State DMVs must do a better job of important programs within this bill. of Oklahoma has moved to biometric securing our primary piece of identity, The amendment doubles funding for identifiers, fingerprints, on that. Other the Office of Terrorist Financing and and this $500,000 in funding will allow States have acted through their legis- the Secretary to direct the Department Financial Crimes, the tax counseling latures. for the elderly programs, low-income of Transportation to study and present I think we would be behind the curve tax clinics, and the Office of National recommendations on how we can better if we spent $500,000 of Federal money Drug Control Policy. It also increases secure these crucial documents. I be- on another study at this point. States funding for the high-intensity drug lieve this study should have three are already doing this. We already have trafficking areas program. These in- major goals. money working with the States creases are offset by restoring funding Number one, the study should deter- through appropriations in this bill on mine the best practices that States can their drivers license improvement pro- for Amtrak to the level originally ap- use to secure their drivers licenses grams. And furthermore, we should not proved by the committee. from fraud and theft. Our government take money from the Office of Manage- We have heard a lot about Amtrak has already conducted a great deal of ment and Budget, which has already today, and I support intercity rail research on security measures such as been cut by $14 million in this bill from transit where it can be viable. The gen- biometrics and digital watermarks and the fiscal year 2003 level. tleman from New York (Mr. SWEENEY) other technology that could increase So I think, frankly, that the amend- said that the core of Amtrak was in the the security of state-issued photo iden- ment is behind what is already going northeast corridor, and I am confident tification. In fact, we think the tech- on in the country. It is good, but a with regional support that northeast nology is already there. study is not going to make things hap- corridor can continue to thrive and be Second, the study should determine pen any faster than they are already successful whatever we do at the na- how best to encourage the States to happening in the States, and it will tional level. And where we have even put these measures into place. I under- cost $500,000 of Federal money we do close to the population density of Eu- stand the issuance of license and photo not need to be spending. So I appre- rope that makes sense, but there are identification is the responsibility of ciate the efforts of the gentlewoman too many lines where we are pouring the State, and I do not want to infringe but rise in opposition to the amend- money in as fast as we can in areas on that right. However, given the in- ment. that will never be viable. Given the creasing reliance on all levels of gov- The CHAIRMAN pro tempore. The scarcity of our dollars, we should be fo- ernment and businesses on these docu- question is on the amendment offered cusing on things like high-speed rail or ments, I believe we must act to ensure by the gentlewoman from Oregon (Ms. roads or other forms of transportation that false documents are not used by HOOLEY). which make more sense. terrorists, criminals, or others who The question was taken; and the The simple fact is that Federal sub- would normally be unable to obtain Chairman pro tempore announced that sidies to Amtrak are a poor investment these credentials. the noes appeared to have it. that offer little return. Having done

VerDate jul 14 2003 04:33 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.095 H04PT1 H7886 CONGRESSIONAL RECORD — HOUSE September 4, 2003 some research, if we look at the Sunset many of my colleagues know and re- trak has received an average of $1.1 bil- Limited line from Orlando to Los An- spect. From Houston to Los Angeles to lion each year, and at that level of geles, that costs $347; and I found 11 the Appalachian region, from Hawaii to funding they have not been able to different flights that cost less than the New England and throughout the Mid- keep up with capital needs. They have average per passenger loss that the west, this program has helped State had to defer important capital invest- Federal Government subsidizes for that and local official tailor highly special- ments. They have a backlog of $3.8 bil- route. One of those flights was $232, so ized solutions to unique areas of need. lion on infrastructure, $1.1 billion for this means that the Federal Govern- Drug use is a national problem, and we fleet, and $900 million for stations and ment would save $115 per passenger if it need to fund national programs like facilities, so such a level would make it bought every Sunset passenger a the high-intensity drug trafficking pro- impossible to do anything of signifi- round-trip plane ticket as opposed to gram to fight it. My amendment will cance in capital needs. Again, the in- subsidizing the long-haul route one deliver those resources. spector general has estimated that Am- way. Mr. Chairman, the programs funded trak would need $1.5 billion annually We can say the same about the Penn- by my amendment will help the poor for capital needs alone throughout the sylvanian which has a $292 loss per pas- and the elderly with the confusing task system. senger to go from Philadelphia to Chi- of filling out their taxes, will help The president of Amtrak, David cago; a plane ticket would cost $135. We States battle illegal drug use, and help Gunn, the new President and CEO, has would save $157 per passenger. The list law enforcement officials cut off the fi- cut waste, reduced expenses, increased goes on and on. nancial resources terrorists need before revenues, improved Amtrak’s oper- Members do not need to be a CPA to they can act. These are broad, bipar- ations, and he has said that he would understand that when Amtrak’s rate of tisan programs and ones that every need $1.4 billion to $1.8 billion each return is twice that to pay for Amtrak Member should support. I urge my col- year to stabilize the system over the as competing services, which would get leagues to vote for my amendment and next 5 years. That includes the funding people there quicker, this is not where fund these vital national priorities at for upgrading track and bridges and we ought to be prioritizing Federal dol- the highest level possible. tunnels in the northeast corridor, lars. Mr. OLVER. Mr. Chairman, I rise in which is one piece of it which carries a If we look at the areas I am spending opposition to the amendment. huge number of passengers, and runs it in under my proposal, as indicated Mr. Chairman, the whipping boy somewhere fairly close to break even, during debate on the rule and general today seems to be Amtrak on the part except for capital expenditures. debates, the Office of Terrorist Financ- of one group; and there is another The fact here is the amendment is in- ing and Financial Crimes is a new enti- group that feels that the number that tended to terminate the idea of a pas- ty within the Department of Treasury. is there for Amtrak is totally inad- senger rail system in this country. I Its purpose is to provide support to our equate. I am more a part of that group. hope we would not adopt this amend- efforts to combat the funding of ter- The amendment which has been of- ment. I urge a no vote on this amend- rorism and other crimes committed fered by the gentleman from Minnesota ment. within the U.S. and abroad. We know (Mr. KENNEDY) again reverses the ac- Mr. MICA. Mr. Chairman, I move to that terrorism does not work unless tion taken by the Committee on Appro- strike the last word. the terrorists have money, and so it is priations in full committee to provide Mr. Chairman, I came to join the important that we do more to deny the level of funding that the President Amtrak debate. We have a great those who wish to do us harm the had asked for for Amtrak. I happen to amendment before us, proposed by the means to carry out their intentions. believe that is quite inadequate. The gentleman from Minnesota (Mr. KEN- My amendment would also double number that has been proposed now NEDY). I think he is well-intended. It funding for two programs which pro- will strangle, and, by the way, is spe- shows the depth we have sort of sunk vide critical assistance to low-income cifically intended to strangle the very into when the debate on our national and elderly Americans when they pay idea of a national passenger rail sys- rail passenger service has a Member their taxes. The Federal Tax Code is tem for America. I hope that will not come forward and say we are sub- made up of four huge volumes that are be the direction that we take here sidizing $350 a ticket on a losing route, each thicker than the Bible. In fact, today. which serves my area, and it would be the Tax Code is over 7 million words The proposals for increases of fund- better to put the money on a drug re- long. These programs help people with ing where $320 million are used, there habilitation program, for which I prob- a task that is far too burdensome and are 6 of them, I guess, and each one has ably concur. they need more resources. arguments that can be made in favor of I did not come to speak in favor of My amendment also increases fund- it, but the cost of doing that is to re- the amendment, but I think there is a ing for the Office of National Drug Con- duce the funding for Amtrak to the lot of logic if we are going to throw trol Policy and the high-intensity drug point where it absolutely goes belly up. money away on a losing proposition on trafficking program, two vital ele- It is the very end, and is intended to Amtrak the way it is currently con- ments in our Nation’s war on drugs. strangle the passenger rail system. stituted, it would be better to put it on The principal purpose of the Office of As I have pointed out before, the the proposal the gentleman from Min- National Drug Control Policy is to es- level of $900 million is what the Presi- nesota (Mr. KENNEDY) has brought tablish policies, priorities, and objec- dent requested. And even at that level, forth. tives to reduce the illicit drug trade, it is clear that it is not possible to First, let me say I am not an oppo- drug-related crime and drug-related make any inroads in the years of de- nent to national passenger rail service health consequences. From enforce- ferred maintenance and inadequate and increasing actually good service. ment of our drug laws to treatment of capital investment at Amtrak. The In- What we have now is a Soviet-style individuals by the tragic effects of sub- spector General for Transportation had partial government operation of our stance abuse, this program plays a crit- pointed that at that $900 million level, national passenger rail service. We ical role in helping our country fight none of the backlog of capital needs have had reports for as long as I have this terrible problem. As a father of could be addressed at that funding served on the Committee on Transpor- four, I believe the importance of this level. tation and Infrastructure and the Sub- work cannot be understated. We have already heard that 220 Mem- committee on Railroads, for some 11 Finally, we need to do more to help bers of this House of Representatives years, we have got to reform Amtrak. States fight and win their local war on had written the Committee on Appro- The problem is not Amtrak. The drugs. In Minnesota, police have been priations asking for a higher number problem is right here: Congress. Con- battling the devastating problem of than the $900 million level. In fact, the gress has failed to authorize a program methamphetamine production and use. number was $1.8 billion which Amtrak under which we can provide good na- They are in desperate need of assist- asked for, which the new president of tional passenger long-distance service, ance. Amtrak had asked for. a program under which we can provide The high-intensity drug trafficking I just have to point out and remind and catch up with the rest of the world program is a Federal program that Members that over the last 5 years Am- in high-speed service.

VerDate jul 14 2003 04:33 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.098 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7887 b 1645 I have listened to this debate now for proceedings on the amendment offered Yes, we need to put the money into more than an hour. I have certainly by the gentleman from Minnesota (Mr. it. But do we want to put the money come to the conclusion that the fact of KENNEDY) will be postponed. into a losing proposition that we would the matter is that the Transportation, The point of no quorum is considered be better off putting it into a drug pro- Treasury and Independent Agencies withdrawn. gram? I heard the gentleman from New Appropriations Act for fiscal year 2004 AMENDMENT OFFERED BY MR. HOLT York (Mr. QUINN). He is very well in- does not adequately fund the National Mr. HOLT. Mr. Chairman, I offer an tended, and he wants to up the amount Railroad Passenger Corporation that amendment. to $1.8 billion. We just heard from the we call Amtrak. As a matter of fact, The Clerk read as follows: ranking member of the subcommittee this bill provides $900 billion for con- Amendment offered by Mr. HOLT: tinued assistance to Amtrak. Page 43, line 22, after the dollar amount, that they have been losing $1.1 billion. insert the following: ‘‘(reduced by The facts are that Amtrak has lost, as Last year, Congress provided just over $1 billion to keep Amtrak running $2,000,000)’’. we heard, $1.1 billion in need of that Page 43, line 23, after the dollar amount, subsidy in addition, but below that through fiscal year 2003. Amtrak now insert the following: ‘‘(reduced by their debt now exceeds $5 billion each estimates that it will need $1.8 billion $2,000,000)’’. year for the past 4 or 5 years. They to maintain existing operations in fis- Page 46, line 9, after the dollar amount, in- have gone into debt, they have hocked cal year 2004. The present bill before us sert the following: ‘‘(increased by $2,000,000)’’. the whole system and even their real is not sufficient to meet Amtrak’s con- tractual obligations for commuter and Page 46, line 10, after the dollar amount, estate assets. So that the debt and the insert the following: ‘‘(increased by depth of problems with Amtrak is far intercity passenger rail service. If Am- $2,000,000)’’. trak is unable to continue its existing greater than what is brought here Mr. HOLT (during the reading). Mr. operations, many commuter railroads today. Chairman, I ask unanimous consent that are dependent upon Amtrak oper- Mr. Gunn is a great administrator, that the amendment be considered as ations would be unable to continue to but he has to administrate the law that read and printed in the RECORD. Congress passed some 30 years ago to provide quality and reliable services to The CHAIRMAN pro tempore. Is do everything as far as passenger serv- their customers. there objection to the request of the Amtrak is a major part of the econ- ice and high-speed service and other gentleman from New Jersey? activities that Amtrak is involved in omy of the city where I live. I live in There was no objection. and nothing gets done well. So you can the city of Chicago, which we call the Mr. HOLT. Mr. Chairman, today I am have the best manager and if Congress transportation capital of the Nation. offering an amendment that would help does not make the changes necessary, Amtrak operates more than 50 trains ensure adequate winter access to Yel- it will not run. He came to us at our into and out of the city of Chicago each lowstone and Grand Teton National subcommittee and said he needed $2 and every day. These include an exten- Parks. billion, first for 5 years, a total of $10 sive network of long-distance trains Yellowstone, America’s premier that provide service to the east and billion. Then he came back and he said park, is being loved to death, and there west coasts, the Gulf of Mexico and he needed $2 billion for 3 years, a total are many Members here who are con- Canada. Amtrak also operates dozens of $6 billion. The maintenance backlog cerned about the effect of vehicular of regional corridor trains to most of Amtrak alone exceeds $6 billion. So pollution, traffic, on Yellowstone Park. major cities in the Midwest. Last year, if you think you are fixing Amtrak by In fact, precisely half of the Members Amtrak carried two million passengers throwing more money at the problem, here recently voted to ban snow ma- to or from Chicago. Nearly 600,000 more you are wrong. It will not solve it be- chines. This amendment, that I have boarded Amtrak trains at other sta- cause they are losing more than $2 bil- before the body at the moment, would tions within Illinois. lion a year if you add in the debt. Just do nothing with the number or type of Amtrak employs 2,075 individuals in snowmobiles allowed in the park. It is their debt payment is a quarter of a Chicago. And of those employees, 897 not unrelated. As I point out, half of billion dollars a year. Plus, they have a were actually Chicago residents. In cal- the House voted to ban snowmobiles, retirement fund obligation which ex- endar year 2002, the total wages of Am- and all of those Members should sup- ceeds $7 billion. trak employees living in the city of port this amendment. Some, who voted What we need to do is reorganize Am- Chicago were approximately $37.7 mil- otherwise because there was insuffi- trak, and Congress needs to organize it lion. Should Amtrak not be able to cient alternative transportation avail- so we have high-speed service and long- continue its operations, imagine the distance service. And we do it right, we able, should also support this. negative impact this would have on the Since that discussion a few weeks just do not throw money at the prob- people of Chicago and the people who ago, there is new information. The En- lem. I would favor $60 billion towards live in that region, the people who vironmental Protection Agency, hav- national passenger rail service and work for Amtrak, and the thousands of ing done tests shows that the new gen- high-speed, or $100 billion, because we people all over the country who look eration of snowmobiles approved for need that alternative. And in the end, to, expect and need Amtrak as their use in Yellowstone Park after being it is cost effective to concrete and ce- primary mode of transportation, even promoted as cleaner and quieter, in ment and roads and other alternatives to and from work every day. that we are faced with. So it is cost ef- I oppose this amendment because I fact, emit more pollution. Said a fective, but who wants to give Amtrak think it goes in the wrong direction, spokesman for Yellowstone Park, ‘‘We more responsibility for high-speed and I would certainly support the Olver started all this in good faith. We based service? amendment to increase Amtrak fund- our decision on the fact that the ma- The Acela program, we gave them ing by $500 million rather than cut it in chines would continue to be cleaner billions, billions of dollars, and they any way, shape, form or fashion. and quieter and the industry would blew it. The contract is in litigation. The CHAIRMAN pro tempore (Mr. work toward that end.’’ In fact, none of They bought equipment that does not HASTINGS of Washington). The question the new machines tested by the EPA fit the chassis, and it runs 82 to 83 is on the amendment offered by the meet the park’s standards. They are miles per hour. Is that high-speed serv- gentleman from Minnesota (Mr. KEN- dirtier than before. ice? Even under our national definition NEDY). What I am trying to do is to see that of high-speed rail, it does not meet The question was taken; and the we have adequate access to Yellow- that criteria. Let us reform Amtrak Chairman pro tempore announced that stone Park whether my colleagues sup- and let us solve the problem. Let us the ayes appeared to have it. port snowmobiles or not. There exists not throw money at the problem. Mr. OLVER. Mr. Chairman, I demand now some multipassenger vehicles for Mr. DAVIS of Illinois. Mr. Chairman, a recorded vote, and pending that, I access in the snow, over the snow, into I move to strike the requisite number make the point of order that a quorum the park. They range from the old-fash- of words. is not present. ioned, and I would say classy, red Bom- Mr. Chairman, I rise in opposition to The CHAIRMAN pro tempore. Pursu- bardier vehicles to the newer models the Kennedy of Minnesota amendment. ant to clause 6 of rule XVIII, further adapted from Ford Econoline vans.

VerDate jul 14 2003 04:33 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.107 H04PT1 H7888 CONGRESSIONAL RECORD — HOUSE September 4, 2003 Just this year, the new prototype of But I do not know the ramifications of poses to add $500 million or nearly that snow coaches has been unveiled. These it all, and I certainly would not want sum of money, in my case exactly $500 new vehicles are environmentally to be shifting around within a bill that million, to this legislation for Amtrak friendly and can run on diesel, gas, has such tight funding as we have, $2 and would bring their total funding to compressed natural gas or ethanol. And million to go out of the general trans- $1.4 billion. The amendment does this they include big windows and a fabric portation purposes and into a specialty by reducing the size of the tax cut for top that folds back so passengers can use in Yellowstone National Park, al- those earning more than $1 million of get a good look around. What is more, though I think that is a good question taxable income by less than 3 percent, the vehicles can be lowered to accom- for the Interior Committee. from an average of $88,000 to an aver- modate disabled individuals. This But I am interested in learning more, age of $85,500 or about $2,500 on aver- means that people who could not enjoy working with the gentleman, and I age, which represents less than 3 per- Yellowstone Park’s winter beauty be- think the whole House needs to con- cent of the size of that tax reduction. fore can now fully experience these na- sider his interest. But I cannot agree to The chairman has already reserved a tional treasures. support the amendment, unfortu- point of order, and I would like to just The Federal Transit Administration, nately. point out that I would have supported in a private-public partnership along Mr. HOLT. Mr. Chairman, will the the amendment being offered by the with the Heart Corporation of Michi- gentleman yield? gentleman from New York, who is the gan, Idaho National Engineering and Mr. ISTOOK. I yield to the gen- chairman of the Railroads Sub- Environmental Laboratory, the U.S. tleman from New Jersey. committee of the Committee on Trans- Department of Energy and the Na- Mr. HOLT. It is precisely because portation and Infrastructure, had it tional Park Service have designed and those single-passenger and dual-pas- not been for the way the offsets come. developed this new prototype. My senger vehicles to which the chairman So here we are with a substantial amendment is intended to provide $2 refers do not meet the environmental number of people, and it probably million for the Park Service to use 12 guidelines of the National Park Service comes to all of those 220 Members, both new coaches of this type. that the Transit Administration and Republicans and Democrats, a good As I said, this amendment, I believe, others have developed these multipas- smattering of both parties, who sent a should be acceptable to everyone. Any- senger vehicles which do emit less pol- letter to appropriators asking for sup- one here in this body who voted to ban lution per passenger, per recreation en- port for requests of $1.8 billion for Am- snowmobiles from Yellowstone should thusiast. So, in fact, they would be a trak; and the gentleman from New support this. Anyone here who voted substitute. York (Mr. QUINN) and I in two different against the ban on snowmobiles should With regard to the point that this ways have offsets that neither he could also support this because it provides al- would be used in Yellowstone Park, support mine nor could I support his, ternative means of travel. yes, indeed they would. In fact, all but it goes to show that there is a sub- Mr. Chairman, I would ask that the mass transit is used somewhere, where stantial number of people who really committee consider approving this people are, where people want to trav- do believe in the concept of a national transfer of funds within the Federal el, and that is an appropriate use of, I passenger rail system, and that is not Transit Administration for this impor- think, the Transit funds. But with the what we are going to have in the direc- tant purpose in our major, premier na- chairman’s assurance that we can con- tion that we are going. tional park. tinue this discussion, I would be I just want to comment also that the Mr. ISTOOK. Mr. Chairman, I move pleased to withdraw my amendment at gentleman from Florida (Chairman to strike the last word. this time. MICA) of the Subcommittee on Avia- Mr. Chairman, I certainly appreciate Mr. ISTOOK. I thank the gentleman. tion has indicated, and I think this is the efforts of the gentleman from New The CHAIRMAN pro tempore. With- what I heard, that he thinks it would Jersey and his focus on this issue. I re- out objection, the amendment is with- be appropriate to do perhaps as much gret that I cannot agree to the amend- drawn. as a $90 billion program on high-speed ment, because I know he has devoted a There was no objection. rail, and I am a supporter of high-speed lot of time to it, but for a couple of AMENDMENT OFFERED BY MR. OLVER rail as well and will probably if we get reasons. One, of course, is that the Na- Mr. OLVER. Mr. Chairman, I offer an the opportunity vote for that because tional Park Service customarily has its amendment. high-speed rail in appropriate places is appropriations through the Interior The Clerk read as follows: something that might well be done. Department Appropriation bill. As Amendment offered by Mr. OLVER: But high-speed rail is never going to be much as some people may consider it Page 39, line 10, insert before the colon the a substitute for a national passenger mass transit in Yellowstone, I do not following: rail system. That is not possible under think that fits the normal definition of : Provided further, That, in addition to the amounts otherwise provided under this head- high-speed rail, and I would point out the work of the Federal Transit Ad- ing, for grants to the National Railroad Pas- that if we are talking about doing $90 ministration. But I look forward to senger Corporation, $500,000,000: Provided fur- billion in capital funding for a high- working with the gentleman to learn ther, That, in the case of taxpayers with ad- speed rail system, which under cir- more about the issue and see what we justed gross income in excess of $1,000,000 for cumstances I certainly will support, we might be able to improve on it and con- the tax year beginning in 2003, the amount of are now talking about instead being sider his request in whatever is the ap- tax reduction resulting from enactment of unable to provide merely the $1.5 bil- propriate committee. the Jobs and Growth Tax Relief Reconcili- lion per year which the transportation I also feel compelled to point out, it ation Act of 2003 (Pub. L. 108–27) shall be re- duced by 2.8 percent. IG, Ken Mead, says is necessary to has come to my attention, an article make our present effort at a national reported today through the Los Ange- b 1700 passenger rail system function. les Times News Service, and I will just Mr. OLVER (during the reading). Mr. So we have to keep in mind that we read the first sentence of that par- Chairman, I ask unanimous consent are talking about a huge sum of money ticular article, which says, ‘‘A new that the amendment be considered as for doing some high-speed rail when we generation of snowmobiles approved read and printed in the RECORD. cannot even figure out how to do a na- for use in Yellowstone National Park The CHAIRMAN pro tempore (Mr. tional passenger rail system which after being promoted as cleaner and HASTINGS of Washington). Is there ob- would on a per-year basis cost no more quieter, emit more pollution than mod- jection to the request of the gentleman than 10 percent of what is being pro- els produced 2 years ago, according to from Massachusetts? posed for a high-speed rail program, a test data from the Environmental Pro- There was no objection. set of initiatives that will not come tection Agency.’’ I do not know on the Mr. ISTOOK. Mr. Chairman, I wish to anywhere close to providing for such a particular vehicles that the gentleman reserve a point of order against the national passenger rail system. is promoting whether they are actually amendment. My amendment, with the increase to covered by this particular study or not, Mr. OLVER. Mr. Chairman, my $1.4 billion a year, would provide maybe they are, maybe they are not. amendment is one of those that pro- money so that Amtrak can begin to

VerDate jul 14 2003 05:35 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.109 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7889 tackle the years of deferred mainte- add it up. Their deferred maintenance it is localized, it is controlled by local nance and inadequate capital invest- is over $5 billion. What are we going to entities. But Amtrak happens to be a ment that has been the history of Am- do in this, a couple hundred million system that travels interstate. I can- trak for quite a number of years, and I dollars at most? Their debt is a quarter not imagine, on the basis of jobs, on would just point out that no large pri- of a billion, plus they have been hock- the basis of transportation, and on the vate or public intercity passenger rail ing the family jewels to keep this thing basis of security that we would not system in the world has been profitable operating. So the problem is us. want to be responsible in funding Am- or been able to survive without sub- I do not mind a high-speed corridor trak. stantial public subsidy. When national that makes sense. Honest to goodness, I realize that these are difficult ques- governors no longer want to support and I know a lot of people here are law- tions. I will be on the floor shortly such intercity rail service, the rail yers and we have got politicians and with a very difficult question. But the service disappears; and Amtrak was they cannot figure it out, but a route question should be answered in favor of created because private companies from Washington to New York that the people. I believe my amendment were unable to make a profit on pas- truly went high speed, 125 miles an should be answered in favor of the peo- senger rail. And if we believe in a na- hour as defined by law or whatever we ple who have voiced their opinions. tional passenger rail system, then we have, that got people there in less than Amtrak has a constituency that in are going to have to start by dealing 2 hours, my goodness, even the people many instances cannot do without it. with a national passenger rail system. from Wall Street have said that is a I happen to be some distance away Mr. MICA. Mr. Chairman, I move to winner. That will make money. They from the eastern corridor, but I can as- strike the last word. cannot figure that out in Washington. sure the Members that in Texas, the I had not planned to talk, but since They want subsidization of a Soviet- Texas 21 organization that has any my name was brought up in the debate style passenger service and impose it in number of Texas transit organizations in some comments about my com- a high-speed corridor. Does that make involved happens to have a very favor- ments, I thought it was important to sense? able position on Amtrak and the need respond. Yes, these projects can make sense if for passenger travel. In fact, in Texas, First, again, I view myself as a we look at them from a business stand- where we are very far away in our dif- strong advocate of national passenger point or a taxpayer standpoint as to ferent cities and hamlets and counties rail system; but we need a system that how we are spending the money. So let because we are a very big State, some- makes sense, a system that serves us take a deep breath. We are not going times rail travel may be the only vehi- areas that need to be served and re- to solve Amtrak’s problem with $1.1 cle. It does not mean in any way that quire the service, and if we want to billion, with $1.4 billion, or with $2.4 we intend to diminish our very able have losing routes across the country, billion; and I guarantee the Members, intra, which is now interstate, airlines there is no problem. We subsidize avia- and I have got all the reports from the or locally based airlines. tion. We subsidize roads. We subsidize last several years, we will be back here I happen to think the world of South- every form of transportation. Let us again with the same debate no matter west Airlines that was based initially have a transparent subsidization. Let how much money we give them today if on travel within our State, but I be- us subsidize the transportation at the we do not solve the basic fundamental lieve they could be complementary to lowest possible cost to the taxpayer, organizational, administrative prob- the extent that we can find an effective and let us also bring in partners from lems and service problems that Amtrak and efficient way to ensure that Am- those areas who want the service. If is facing. So that is the story, the long trak uses Federal dollars correctly but they want service and they want to and the short of it. that we do not sacrifice the needs of subsidize it $350 a ticket, God bless Ms. JACKSON-LEE of Texas. Mr. the public because we are not willing them. They should have that service, Chairman, I move to strike the req- to participate in our responsibility. and if they are willing to pay for part uisite number of words. I think this is a reasonable approach. of that, maybe we will pay part of it Mr. Chairman, I rise to support the This is where we should be debating too. gentleman’s amendment, and it follows this question. The resources are re- But we have to look at, for one thing, the discussion and my support for pre- sources that we can find, Mr. Chair- the taxpayers’ pocketbook here. The serving dedicated funding for transpor- man, simply by repealing the Presi- fact is, again, I do not know how to tation enhancements with goals to en- dent’s tax cut and investing in the in- make this any clearer to my col- suring that community-based projects frastructure of this country. We al- leagues, Amtrak was given by Congress are supported at the local level. And ready realize that infrastructure is the mandate to run national passenger the reason why I tie the two together crumbling, as evidenced by the very se- service. They have had that mandate. in our support for Amtrak is that all rious blackout that we had just a cou- They have gotten into high-speed serv- these projects point to the public re- ple of weeks ago. That is infrastruc- ice. Can we tell the finances of Am- sponsibility for transportation. We ture. Public transit is infrastructure. trak? I would venture to say if we know that on the floor of the House And it would make a lot of sense to re- looked at the Enron report and Enron today we are not debating the involve- invest in infrastructure. loss-of-investor money, we are talking ment of the public sector. We want to I support this amendment, and I about losses of taxpayers’ billions of be efficient. We want to be responsible would hope my colleagues would find a dollars, five point X billion dollars in as it relates to Federal dollars; but way to err on the side of supporting the last 5, 6 years that they have lost, when we discuss matters on the floor of passenger travel by rail. we cannot tell the finances. This com- the House, we are suggesting what the mittee cannot tell us the finances. I public and Federal roles should be. b 1715 just asked the staff for information It is well known that transportation Ms. DELAURO. Mr. Chairman, I move about the finances of Amtrak. itself is a public entity and responsi- to strike the requisite number of So I have identified the problem. The bility, whether it goes to fixing our words. problem is Congress, because we have freeways and highways and bypasses Mr. Chairman, I rise in strong sup- failed to put together a plan to provide and bridges, which we all realize is an port of the Olver amendment. Let me national passenger service that makes important component of now the Com- talk about my home State of Con- sense. We have failed to put together mittee on Homeland Security, a com- necticut, where Amtrak service is a corridors for high-speed service. mittee on which I serve. Then we can- vital component of daily life, as it is to The question comes to us should we not doubt the fact that all aspects of thousands of cities and towns. The give Amtrak more money, and if we transportation, whether it is trucking same is true all along the East Coast. give them $1.4 billion, can they do the or when it is utilization of our high- Over 1 million Connecticut citizens job? If we give them $1.8 billion, can ways and freeways by cars, of individ- rely on Amtrak annually; 411,000 in my they do the job? Two billion dollars, uals who travel over Federal roadways, hometown of New Haven. People rely can they do the job? It is ‘‘no,’’ by any whether or not it is the airlines or on Amtrak to commute to work to New stretch of financial accounting. Just whether or not it is the train system, if York City. They rely on Amtrak to

VerDate jul 14 2003 04:33 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.112 H04PT1 H7890 CONGRESSIONAL RECORD — HOUSE September 4, 2003 bring commerce and tourism into cit- putting in the dollars needed for rail languish with coming up with a high- ies without a commuter airline service. travel and its maintenance. way bill, a major transportation bill, In the Northeast, people travel Am- Support Amtrak and vote for the the toll that the lack of such rail pas- trak because it quite simply is the Olver amendment. senger service would have on our high- most convenient and time-efficient Mr. MENENDEZ. Mr. Chairman, I ways, on our bridges, on our roads. The method of traveling from city to city, move to strike the requisite number of consequences would be enormous. That alleviating heavy rush-hour traffic words. is not factored into the value that Am- which is faced by so many commuters Mr. Chairman, I rise to support the trak provides us; the commerce that today. In doing so, it is a major con- distinguished ranking member’s takes place by those who travel tributor in reducing emissions that amendment for a critical part of the through passenger rail, to be able to contribute to respiratory illnesses like Nation’s transportation infrastructure. conduct commerce and research and asthma, and it helps to keep the air There are so many ways in which one development as those companies along clean and our children healthy. could look at the preservation of Am- the northeast corridor participate If you have ever been on the I–95 cor- trak in terms of national interests. I throughout the corridor and visit and ridor, you will know that it does not would like to talk first about one of do business; for those in the financial make any difference what time of day those, and that is on security. services community; and the con- you are traveling that road by car, it is After September 11, we learned very sequence on the environment as well always jammed. For us, being able to clearly on that fateful day, and my dis- from adding all of those other forms of alleviate some of that problem by put- trict sits right across from midtown transportation that would have to take ting people on trains would be well Manhattan, that it was the redundancy the place of passenger rail, the more worth an investment. of different transportation modes when cars, and that which is produced Amtrak means jobs as well. Nearly everything else was shut down that ul- through Amtrak that may in fact have 700 employees are in Connecticut. Am- timately allowed people to escape from to be carried by trucking. trak owns and operates a rail yard in that tragedy, because we had a redun- So, ultimately, this has a series of ef- New Haven, Connecticut where mainte- dancy of transportation modes. fects on the Nation’s economy, on the nance and equipment repair take place. We saw that again very recently Nation’s security, on the environment Given the continual underfunding of again in the blackout; that but for the and the quality of life for people who Amtrak, over 100 cars in the fleet re- redundancy of transportation modes, are served by Amtrak. main sidelined waiting for repair due people would not have been able to get Mr. Chairman, we have those Mem- to inadequate capital. home and to be safe. bers who just simply do not understand Deferred maintenance on all Amtrak So, at a time in which corporate that this is as crucial as subsidies are locomotives and passenger cars has re- America looks to have redundancy in to agricultural parts of the country, as duced reliability, revenue, and raised their corporate headquarters and oper- dams may be to some parts of the costs, further hindering overall finan- ations, we as a government should be country. This is crucial to significant cial performance. looking at how do we have a redun- elements of the country for its secu- I speak from experience as a dedi- dancy of transportation modes in order rity, for its transportation needs, for cated Amtrak traveler. For 13 years I to ensure the vitality of our country its commerce, for its environment. have frequently commuted between and the safety of its citizens. Amtrak That is why the gentleman’s amend- Connecticut and Washington, D.C. Am- is one of those elements of that vital- ment makes eminent sense. He moves trak represents the best of what public ity and of that redundancy, and we an amount just sufficient to keep Am- transportation has to offer: conven- need to ensure that it is preserved. trak alive in doing so, and he does so ience, comfort and efficiency. Now, under the appropriations bill by taking from those who already have Sadly, though, for over 3 decades, that is before the House, if it were to so much and who were given so much funding for America’s passenger rail- become law, in essence that would re- more, taking a small amount to ensure road has barely been enough to keep sult in the immediate shutdown of Am- that the many who need this transpor- the system operating on a year-to-year trak, which would be catastrophic for tation service can achieve it. basis, which prevents it from meeting rail passengers that rely on Amtrak’s I urge a ‘‘yes’’ vote on the amend- its longer-term public service mission, operation in the northeast corridor, as ment. not to mention its capital obligations. well as those passengers who use Am- Mr. CULBERSON. Mr. Chairman, I Mr. Chairman, this country and its trak for long-distance intercity travel. move to strike the requisite number of transportation system was created and The Nation faced that prospect during words. its vision was a bold and daring vision, the summer of 2002, and it was nar- Mr. MICA. Mr. Chairman, will the where people invested in infrastructure rowly averted by a Federal loan and gentleman yield? and made it possible for people to go supplemental appropriation. We do not Mr. CULBERSON. I yield to the gen- from coast to coast, from city to city, need to suffer such a needless transpor- tleman from Florida. by rail, to transmit goods by rail, and tation crisis again. Mr. MICA. Mr. Chairman, I just want it was visionary on the part of those The long-term effects of Amtrak’s to put into the RECORD, since we are who invested in that effort. demise would be just as severe. The having this Amtrak debate, a couple of That needs to happen with this insti- States and municipalities who benefit, facts relating to the service of Amtrak, tution. It needs to be visionary in un- for example, the northeast corridor and I will be very brief. derstanding what the infrastructure service, would have to scramble to re- Amtrak’s long-distance service needs are with regard to rail travel. place it at a time when those States record, just one example: From Boston Pruning or eliminating the long-dis- are in fiscal distress. The communities to Albany, in 1936 the B&M Minute- tance network will not make Amtrak only served by Amtrak’s long-distance man, it took 4 hours 50 minutes to go profitable. Failure to provide the nec- trains would lose service altogether, from Boston to Albany. That is before essary funds will not only mean the with no realistic chance of that serv- Amtrak. In 2003, Amtrak Lakeshore suspension of Amtrak service in the ice’s restoration. Limited goes from Boston to Albany in busy northeast corridor, but the likely Put simply, the shutdown of Amtrak 5 hours. permanent loss of its long-distance is something that cannot be allowed to Then I just wanted to also make cer- trains. It will not only strand thou- happen, and the way that this bill tain that we have in this debate, we sands of commuters around the Nation, funds Amtrak clearly would lead to talked about subsidizing the losses. it will also mean the loss of produc- that reality if it became law with this This is the Amtrak Reform Council, tion, the loss of millions of dollars for appropriation. which we put in place in 1997 I believe communities and companies in the Now, in addition to security and hav- it was, to look at reforming Amtrak, areas it services. That simply is unac- ing different modes of transportation coming up with a proposal, which has ceptable. It should be unacceptable. We to get people to their destinations in a so far been ignored, for restructuring need to embark on that bold vision time of heightened security concerns, the five routes with the most losses that those folks of yesteryear had in we also look at, as we are trying to and the amount estimated per rider

VerDate jul 14 2003 04:33 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.115 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7891 loss: From Los Angeles to Chicago is a Bell Graves Miller (MI) Velazquez Watson Whitfield Bereuter Green (TX) Miller (NC) Visclosky Watt Wilson (NM) $236.76 subsidy, a loss; from Chicago to Berkley Green (WI) Miller, Gary Walden (OR) Weiner Wolf New York we lose $244.69 per passenger; Berman Greenwood Miller, George Walsh Weldon (PA) Wu from San Antonio to Chicago, we lose Berry Grijalva Moore Wamp Weller Wynn $258.25; from Chicago to Philadelphia, Biggert Gutierrez Moran (KS) Waters Wexler Young (FL) Bilirakis Gutknecht Moran (VA) we only lost $292.34 cents; and from Los Bishop (GA) Hall Murtha NOES—90 Angeles to Orlando, to serve my area, Bishop (NY) Harman Nadler Aderholt Everett Oxley we only lose $347.45. Blumenauer Harris Napolitano Akin Feeney Paul I thought that would be appropriate Boehlert Hastings (FL) Neal (MA) Ballenger Flake Pearce Bonner Hayes Nethercutt Barrett (SC) Franks (AZ) to read into the RECORD at this time. Pombo Bono Hefley Ney Barton (TX) Garrett (NJ) Putnam POINT OF ORDER Boozman Hill Norwood Bishop (UT) Goss Rehberg Boswell Hinchey Oberstar Blackburn Hart Rogers (KY) The CHAIRMAN. Does the gentleman Boucher Hinojosa Obey Blunt Hastings (WA) Rohrabacher from Oklahoma insist on his point of Boyd Hoeffel Olver Boehner Hayworth Ros-Lehtinen Bradley (NH) Hoekstra Ortiz Bonilla Hensarling order? Royce Brady (PA) Holden Osborne Brady (TX) Herger Mr. ISTOOK. Mr. Chairman, I do in- Ryun (KS) Brown (OH) Holt Owens Brown-Waite, Hobson sist upon my point of order, because Brown (SC) Honda Pallone Ginny Istook Sensenbrenner the amendment proposes to change ex- Brown, Corrine Hooley (OR) Pascrell Burton (IN) Johnson, Sam Sessions isting law and constitutes legislation Burgess Hostettler Pastor Cannon Jones (NC) Shadegg Smith (MI) in an appropriation bill, therefore vio- Burns Houghton Pelosi Cantor King (IA) Burr Hoyer Pence Chabot Kingston Smith (TX) lating clause 2 of rule XXI. The amend- Buyer Hulshof Peterson (MN) Coble Kline Sweeney ment modifies existing powers and du- Calvert Hunter Peterson (PA) Cole Kolbe Tancredo ties. Camp Hyde Petri Collins Lewis (CA) Tauzin Capito Inslee Pitts Cox Manzullo Taylor (NC) I ask for a ruling from the Chair. Capps Isakson Platts Crenshaw McKeon Thornberry The CHAIRMAN. Does any other Capuano Israel Pomeroy Culberson Miller (FL) Tiahrt Member wish to speak on the point of Cardin Issa Porter Davis, Jo Ann Murphy Tiberi order? Cardoza Jackson (IL) Portman Davis, Tom Musgrave Toomey Carson (IN) Jackson-Lee Price (NC) DeLay Neugebauer Turner (OH) If not, the Chair is prepared to rule. DeMint Carson (OK) (TX) Pryce (OH) Northup Vitter Doolittle Nunes The Chair finds that this amendment Carter Jefferson Quinn Weldon (FL) Dreier Nussle Case Jenkins Radanovich Wicker indirectly amends existing law. The Dunn Ose Castle Johnson (CT) Rahall Wilson (SC) amendment therefore constitutes legis- Chocola Johnson (IL) Ramstad Emerson Otter lation in violation of clause 2 of rule Clay Johnson, E. B. Renzi NOT VOTING—17 XXI. Clyburn Jones (OH) Reyes The point of order is sustained and Conyers Kanjorski Reynolds DeGette Mollohan Rodriguez Cooper Kaptur Rogers (AL) Gephardt Myrick Roybal-Allard the amendment is not in order. Costello Keller Rogers (MI) Janklow Payne Waxman SEQUENTIAL VOTES POSTPONED IN COMMITTEE Cramer Kelly Ross John Pickering Woolsey OF THE WHOLE Crane Kennedy (MN) Rothman Kucinich Rangel Young (AK) Crowley Kennedy (RI) Ruppersberger Linder Regula The CHAIRMAN. Pursuant to clause Cubin Kildee Rush 6 of rule XVIII, proceedings will now Cummings Kilpatrick Ryan (OH) resume on those amendments on which Cunningham Kind Ryan (WI) b 1749 further proceedings were postponed in Davis (AL) King (NY) Sabo Davis (CA) Kirk Sanchez, Linda Mr. BONILLA, Mrs. EMERSON, and the following order: The amendment Davis (FL) Kleczka T. Messrs. MURPHY, COX, and BURTON offered by Mr. PETRI of Wisconsin; Davis (IL) Knollenberg Sanchez, Loretta of Indiana changed their vote from Amendment No. 25 offered by Mr. Davis (TN) LaHood Sanders ‘‘aye’’ to ‘‘no.’’ Deal (GA) Lampson Sandlin ANCREDO T of Colorado; Amendment No. DeFazio Langevin Saxton Messrs. GIBBONS, FORBES, ALEX- 4 offered by Mr. HASTINGS of Florida; Delahunt Lantos Schakowsky ANDER, BURR, and BALLANCE Amendment No. 9 offered by Ms. DeLauro Larsen (WA) Schiff changed their vote from ‘‘no’’ to ‘‘aye.’’ HOOLEY of Oregon; and the amendment Deutsch Larson (CT) Schrock Diaz-Balart, L. Latham Scott (GA) So the amendment was agreed to. offered by Mr. KENNEDY of Minnesota. Diaz-Balart, M. LaTourette Scott (VA) The result of the vote was announced The Chair will reduce to 5 minutes Dicks Leach Serrano as above recorded. the time for any electronic vote after Dingell Lee Shaw the first vote in this series. Doggett Levin Shays ANNOUNCEMENT BY THE CHAIRMAN Dooley (CA) Lewis (GA) Sherman The CHAIRMAN. Pursuant to clause AMENDMENT OFFERED BY MR. PETRI Doyle Lewis (KY) Sherwood 6 of rule XVIII, the remainder of this The CHAIRMAN. The pending busi- Duncan Lipinski Shimkus Edwards LoBiondo Shuster series will be conducted as 5-minute ness is the demand for a recorded vote Ehlers Lofgren Simmons votes. on the amendment offered by the gen- Emanuel Lowey Simpson tleman from Wisconsin (Mr. PETRI) on Engel Lucas (KY) Skelton AMENDMENT NO. 25 OFFERED BY MR. TANCREDO English Lucas (OK) Slaughter The CHAIRMAN. The pending busi- which further proceedings were post- Eshoo Lynch Smith (NJ) poned and on which the ayes prevailed Etheridge Majette Smith (WA) ness is the demand for a recorded vote by voice vote. Evans Maloney Snyder on amendment No. 25 offered by the The Clerk will designate the amend- Farr Markey Solis gentleman from Colorado (Mr. Fattah Marshall Souder ment. Ferguson Matheson Spratt TANCREDO) on which further pro- The Clerk designated the amend- Filner Matsui Stark ceedings were postponed and on which ment. Fletcher McCarthy (MO) Stearns the noes prevailed by voice vote. Foley McCarthy (NY) Stenholm RECORDED VOTE Forbes McCollum Strickland The Clerk will designate the amend- The CHAIRMAN. A recorded vote has Ford McCotter Stupak ment. been demanded. Fossella McCrery Sullivan The Clerk designated the amend- Frank (MA) McDermott Tanner A recorded vote was ordered. Frelinghuysen McGovern Tauscher ment. The vote was taken by electronic de- Frost McHugh Taylor (MS) RECORDED VOTE vice, and there were—ayes 327, noes 90, Gallegly McInnis Terry Gerlach McIntyre Thomas The CHAIRMAN. A recorded vote has not voting 17, as follows: Gibbons McNulty Thompson (CA) been demanded. [Roll No. 469] Gilchrest Meehan Thompson (MS) A recorded vote was ordered. Gillmor Meek (FL) Tierney AYES—327 Gingrey Meeks (NY) Towns The CHAIRMAN. This will be a 5- Abercrombie Baca Ballance Gonzalez Menendez Turner (TX) minute vote. Ackerman Bachus Bartlett (MD) Goode Mica Udall (CO) The vote was taken by electronic de- Alexander Baird Bass Goodlatte Michaud Udall (NM) Allen Baker Beauprez Gordon Millender- Upton vice, and there were—ayes 90, noes 322, Andrews Baldwin Becerra Granger McDonald Van Hollen not voting 22, as follows:

VerDate jul 14 2003 04:33 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.117 H04PT1 H7892 CONGRESSIONAL RECORD — HOUSE September 4, 2003 [Roll No. 470] McHugh Portman Solis The vote was taken by electronic de- McIntyre Price (NC) Souder vice, and there were—ayes 186, noes 228, AYES—90 McKeon Pryce (OH) Spratt Aderholt Flake Miller, Gary McNulty Putnam Stark not voting 20, as follows: Akin Franks (AZ) Musgrave Meehan Quinn Stearns [Roll No. 471] Baker Gingrey Neugebauer Meek (FL) Rahall Stenholm Barrett (SC) Goss Northup Meeks (NY) Rehberg Strickland AYES—186 Bartlett (MD) Graves Otter Menendez Renzi Stupak Abercrombie Grijalva Michaud Barton (TX) Green (WI) Paul Mica Reyes Sweeney Ackerman Gutierrez Millender- Beauprez Gutknecht Pearce Michaud Reynolds Tanner Alexander Gutknecht McDonald Bilirakis Hastings (WA) Pence Millender- Rogers (AL) Tauscher Allen Hall Miller (MI) Bishop (UT) Hayworth Peterson (PA) McDonald Rogers (KY) Tauzin Andrews Harman Miller (NC) Blackburn Hefley Petri Miller (MI) Rogers (MI) Taylor (MS) Baca Harris Miller, George Blunt Hensarling Pombo Miller (NC) Ros-Lehtinen Taylor (NC) Baird Hastings (FL) Murtha Brady (TX) Herger Radanovich Miller, George Ross Thomas Baldwin Hill Nadler Moore Rothman Burgess Hostettler Ramstad Thompson (CA) Ballance Hinchey Napolitano Moran (KS) Ruppersberger Cannon Hunter Rohrabacher Thompson (MS) Beauprez Hinojosa Neal (MA) Moran (VA) Rush Cantor Isakson Royce Tiberi Becerra Hoeffel Owens Murphy Ryan (OH) Carter Istook Ryan (WI) Tierney Bell Holt Pallone Murtha Sabo Chabot Jenkins Ryun (KS) Towns Berkley Honda Pascrell Nadler Sanchez, Linda Chocola Johnson, Sam Sensenbrenner Turner (OH) Berry Hooley (OR) Paul Coble Jones (NC) Shadegg Napolitano T. Bishop (GA) Houghton Pelosi Neal (MA) Sanchez, Loretta Turner (TX) Collins Keller Smith (MI) Udall (CO) Bishop (NY) Inslee Peterson (MN) Cox Kennedy (MN) Smith (TX) Nethercutt Sanders Blumenauer Israel Rahall Ney Sandlin Udall (NM) Crane King (IA) Sullivan Upton Boswell Jackson (IL) Ramstad Cubin Kingston Tancredo Norwood Saxton Van Hollen Boyd Jackson-Lee Ros-Lehtinen Culberson Kline Terry Nunes Schakowsky Velazquez Brady (PA) (TX) Ross Cunningham Lewis (KY) Thornberry Nussle Schiff Visclosky Brown (OH) Jefferson Ruppersberger DeLay Linder Toomey Oberstar Schrock Walden (OR) Brown, Corrine Johnson, E. B. Rush DeMint McCotter Vitter Obey Scott (GA) Walsh Capps Jones (OH) Ryan (OH) Diaz-Balart, M. McCrery Wamp Olver Scott (VA) Waters Cardoza Kanjorski Sanchez, Linda Duncan McInnis Wicker Ortiz Serrano Watson Carson (IN) Kaptur T. Everett Miller (FL) Wilson (SC) Osborne Shaw Watt Carson (OK) Kennedy (MN) Sanchez, Loretta Ose Shays Case Kennedy (RI) Sanders Weiner NOES—322 Owens Sherman Clay Kildee Sandlin Weldon (FL) Oxley Sherwood Clyburn Kilpatrick Schakowsky Abercrombie Davis (CA) Hobson Weldon (PA) Pallone Shimkus Conyers Kind Schiff Ackerman Davis (FL) Hoeffel Weller Pascrell Shuster Cooper Kleczka Scott (GA) Alexander Davis (IL) Hoekstra Wexler Pastor Simmons Crowley Kline Scott (VA) Allen Davis (TN) Holden Whitfield Pelosi Simpson Cummings LaHood Shaw Andrews Davis, Jo Ann Holt Wilson (NM) Peterson (MN) Skelton Davis (AL) Lampson Sherman Baca Davis, Tom Honda Wolf Pitts Slaughter Davis (CA) Langevin Skelton Bachus Deal (GA) Hooley (OR) Wu Platts Smith (NJ) Davis (FL) Lantos Slaughter Baird DeFazio Houghton Wynn Pomeroy Smith (WA) Davis (IL) Larsen (WA) Smith (WA) Baldwin Delahunt Hoyer Porter Snyder Young (FL) Ballance DeLauro Hulshof Davis (TN) Leach Snyder Ballenger Deutsch Hyde NOT VOTING—22 DeFazio Lee Solis Bass Delahunt Levin Stark Diaz-Balart, L. Inslee DeGette Lynch Roybal-Allard Becerra Dicks Israel Deutsch Lewis (GA) Stenholm Eshoo Mollohan Sessions Bell Dingell Issa Diaz-Balart, L. Lofgren Strickland Feeney Myrick Tiahrt Dingell Lowey Stupak Bereuter Doggett Jackson (IL) Gephardt Payne Berkley Dooley (CA) Jackson-Lee Waxman Doggett Lucas (KY) Tanner Janklow Pickering Woolsey Dooley (CA) Lynch Tauscher Berman Doolittle (TX) John Rangel Berry Doyle Jefferson Young (AK) Doyle Majette Terry Kucinich Regula Duncan Maloney Thompson (CA) Biggert Dreier Johnson (CT) Lipinski Rodriguez Bishop (GA) Dunn Johnson (IL) Edwards Markey Thompson (MS) Emanuel Marshall Tierney Bishop (NY) Edwards Johnson, E. B. ANNOUNCEMENT BY THE CHAIRMAN Blumenauer Ehlers Jones (OH) Engel Matheson Towns Boehlert Emanuel Kanjorski The CHAIRMAN (during the vote). Eshoo Matsui Turner (TX) Boehner Emerson Kaptur Members are advised there are 2 min- Etheridge McCarthy (MO) Udall (CO) Bonilla Engel Kelly utes remaining in this vote. Evans McCarthy (NY) Udall (NM) Bonner English Kennedy (RI) Fattah McCollum Upton Bono Etheridge Kildee b 1757 Filner McDermott Van Hollen Boozman Evans Kilpatrick Foley McGovern Velazquez Boswell Farr Kind Mr. GINGREY changed his vote from Frank (MA) McHugh Visclosky Boucher Fattah King (NY) ‘‘no’’ to ‘‘aye.’’ Frost McIntyre Waters Gillmor McNulty Watt Boyd Ferguson Kirk So the amendment was rejected. Bradley (NH) Filner Kleczka Gonzalez Meehan Weiner Brady (PA) Fletcher Knollenberg The result of the vote was announced Goodlatte Meek (FL) Wexler Brown (OH) Foley Kolbe as above recorded. Gordon Meeks (NY) Wu Brown (SC) Forbes LaHood Stated against: Green (TX) Menendez Wynn Brown, Corrine Ford Lampson Brown-Waite, Fossella Langevin Mr. LYNCH. Mr. Chairman, on rollcall No. NOES—228 Ginny Frank (MA) Lantos 470 had I been present, I would have voted Aderholt Burgess Davis, Tom Burns Frelinghuysen Larsen (WA) ‘‘no.’’ Akin Burns Deal (GA) Burr Frost Larson (CT) Bachus Burr DeLauro Burton (IN) Gallegly Latham AMENDMENT NO. 4 OFFERED BY MR. HASTINGS Baker Burton (IN) DeLay Buyer Garrett (NJ) LaTourette OF FLORIDA Ballenger Buyer DeMint Calvert Gerlach Leach The CHAIRMAN. The pending busi- Barrett (SC) Calvert Diaz-Balart, M. Camp Gibbons Lee ness is the demand for a recorded vote Bartlett (MD) Camp Dicks Capito Gilchrest Levin Barton (TX) Cantor Doolittle Capps Gillmor Lewis (CA) on the amendment offered by the gen- Bass Capito Dreier Capuano Gonzalez Lewis (GA) tleman from Florida (Mr. HASTINGS) on Bereuter Capuano Dunn Cardin Goode LoBiondo which further proceedings were post- Biggert Cardin Ehlers Cardoza Goodlatte Lofgren Bilirakis Carter Emerson Carson (IN) Gordon Lowey poned and on which the noes prevailed Bishop (UT) Castle English Carson (OK) Granger Lucas (KY) by voice vote. Blackburn Chabot Everett Case Green (TX) Lucas (OK) The Clerk will redesignate the Blunt Chocola Farr Castle Greenwood Majette amendment. Boehlert Coble Feeney Clay Grijalva Maloney Boehner Cole Ferguson Clyburn Gutierrez Manzullo The Clerk redesignated the amend- Bonilla Collins Flake Cole Hall Markey ment. Bonner Costello Fletcher Conyers Harman Marshall Bono Cox Forbes RECORDED VOTE Cooper Harris Matheson Boozman Cramer Fossella Costello Hart Matsui The CHAIRMAN. A recorded vote has Boucher Crane Franks (AZ) Cramer Hastings (FL) McCarthy (MO) been demanded. Bradley (NH) Crenshaw Frelinghuysen Crenshaw Hayes McCarthy (NY) A recorded vote was ordered. Brady (TX) Cubin Gallegly Crowley Hill McCollum Brown (SC) Culberson Garrett (NJ) Cummings Hinchey McDermott The CHAIRMAN. This will be a 5- Brown-Waite, Cunningham Gerlach Davis (AL) Hinojosa McGovern minute vote. Ginny Davis, Jo Ann Gibbons

VerDate jul 14 2003 04:33 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.050 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7893 Gilchrest McCrery Rothman The vote was taken by electronic de- Doolittle Johnson, Sam Putnam Gingrey McInnis Royce vice, and there were—ayes 213, noes 203, Dreier Keller Quinn Goode McKeon Ryan (WI) Duncan Kennedy (MN) Radanovich Goss Mica Ryun (KS) not voting 18, as follows: Dunn King (IA) Ramstad Granger Miller (FL) Sabo [Roll No. 472] Ehlers King (NY) Rehberg Graves Miller, Gary Saxton Emerson Kingston Reynolds Green (WI) Moore Schrock AYES—213 English Kirk Rogers (AL) Greenwood Moran (KS) Everett Kline Sensenbrenner Abercrombie Harman Neal (MA) Rogers (KY) Hart Moran (VA) Feeney Knollenberg Serrano Ackerman Hastings (FL) Ney Rogers (MI) Hastings (WA) Murphy Ferguson Kolbe Sessions Alexander Hill Oberstar Rohrabacher Hayes Musgrave Flake LaHood Shadegg Allen Hinchey Obey Ros-Lehtinen Hayworth Nethercutt Fletcher Latham Ryan (WI) Shays Andrews Hinojosa Olver Hefley Neugebauer Foley Leach Ryun (KS) Sherwood Baca Hoeffel Ortiz Hensarling Ney Forbes Lewis (CA) Saxton Shimkus Bachus Holden Owens Herger Northup Fossella Lewis (KY) Baird Holt Pallone Schrock Hobson Norwood Shuster Franks (AZ) Linder Baldwin Honda Pascrell Sensenbrenner Hoekstra Nunes Simmons Frelinghuysen LoBiondo Ballance Hooley (OR) Pastor Sessions Holden Nussle Simpson Gallegly Lucas (OK) Becerra Hoyer Pelosi Shadegg Hostettler Oberstar Smith (MI) Garrett (NJ) Manzullo Bell Hulshof Peterson (MN) Shays Hoyer Obey Smith (NJ) Gerlach McCotter Berkley Hunter Pomeroy Sherwood Hulshof Olver Smith (TX) Gibbons McCrery Berry Inslee Porter Shimkus Hunter Ortiz Souder Gilchrest McInnis Bishop (GA) Israel Price (NC) Shuster Hyde Osborne Spratt Gillmor McKeon Bishop (NY) Jackson (IL) Rahall Simmons Isakson Ose Stearns Gingrey Mica Blumenauer Jackson-Lee Renzi Simpson Issa Otter Sullivan Goode Miller (FL) Boswell (TX) Reyes Smith (MI) Istook Oxley Goodlatte Miller (MI) Sweeney Boucher Jefferson Ross Smith (NJ) Jenkins Pastor Goss Miller, Gary Tancredo Brady (PA) Johnson, E. B. Rothman Smith (TX) Johnson (CT) Pearce Granger Moran (KS) Tauzin Brown (OH) Jones (NC) Royce Souder Johnson (IL) Pence Graves Murphy Taylor (MS) Brown, Corrine Jones (OH) Ruppersberger Sullivan Johnson, Sam Peterson (PA) Greenwood Musgrave Taylor (NC) Capps Kanjorski Rush Sweeney Jones (NC) Petri Gutknecht Nethercutt Thomas Capuano Kaptur Ryan (OH) Tauzin Keller Pitts Harris Neugebauer Thornberry Cardin Kelly Sabo Taylor (NC) Kelly Platts Hart Northup Tiahrt Cardoza Kennedy (RI) Sanchez, Linda Terry King (IA) Pombo Hastings (WA) Norwood Tiberi Carson (IN) Kildee T. Thomas King (NY) Pomeroy Hayes Nunes Toomey Carson (OK) Kilpatrick Sanchez, Loretta Thornberry Kingston Porter Hayworth Nussle Tiahrt Turner (OH) Carter Kind Sanders Kirk Portman Hefley Osborne Tiberi Vitter Case Kleczka Sandlin Knollenberg Price (NC) Hensarling Ose Turner (OH) Walden (OR) Clay Lampson Schakowsky Kolbe Pryce (OH) Herger Otter Clyburn Langevin Schiff Upton Larson (CT) Putnam Walsh Hobson Oxley Conyers Lantos Scott (GA) Vitter Latham Quinn Wamp Hoekstra Paul Cooper Larsen (WA) Scott (VA) Walsh LaTourette Radanovich Weldon (FL) Hostettler Pearce Costello Larson (CT) Serrano Wamp Lewis (CA) Rehberg Weldon (PA) Houghton Pence Cox LaTourette Shaw Weldon (FL) Lewis (KY) Renzi Weller Hyde Peterson (PA) Cramer Lee Sherman Weller Linder Reyes Whitfield Isakson Petri Crowley Levin Skelton Whitfield Lipinski Reynolds Wicker Issa Pitts Cummings Lewis (GA) Slaughter Wicker LoBiondo Rogers (AL) Wilson (NM) Istook Platts Davis (AL) Lipinski Smith (WA) Wilson (NM) Lucas (OK) Rogers (KY) Wilson (SC) Jenkins Pombo Davis (CA) Lofgren Snyder Wilson (SC) Manzullo Rogers (MI) Wolf Johnson (CT) Portman Davis (FL) Lowey Solis Wolf McCotter Rohrabacher Young (FL) Johnson (IL) Pryce (OH) Davis (IL) Lucas (KY) Spratt Young (FL) NOT VOTING—20 Davis (TN) Lynch Stark NOT VOTING—18 DeFazio Majette Stearns Berman Kucinich Rodriguez Delahunt Maloney Stenholm Berman Kucinich Regula Cannon Mollohan Roybal-Allard DeLauro Markey Strickland Cannon Mollohan Rodriguez DeGette Myrick Watson Deutsch Marshall Stupak DeGette Myrick Roybal-Allard Ford Payne Waxman Dicks Matheson Tancredo Gephardt Payne Waxman Gephardt Pickering Woolsey Dingell Matsui Tanner Janklow Pickering Woolsey Janklow Rangel Young (AK) Doggett McCarthy (MO) Tauscher John Rangel Young (AK) John Regula Dooley (CA) McCarthy (NY) Taylor (MS) ANNOUNCEMENT BY THE CHAIRMAN Doyle McCollum Thompson (CA) ANNOUNCEMENT BY THE CHAIRMAN The CHAIRMAN (during the vote). The CHAIRMAN (during the vote). Edwards McDermott Thompson (MS) Emanuel McGovern Tierney There are 2 minutes remaining in this There are 2 minutes remaining on this Engel McHugh Toomey vote. vote. Eshoo McIntyre Towns Etheridge McNulty Turner (TX) b 1813 b 1805 Evans Meehan Udall (CO) Mr. DUNCAN changed his vote from Mr. LARSON of Connecticut changed Farr Meek (FL) Udall (NM) Fattah Meeks (NY) Van Hollen ‘‘aye’’ to ‘‘no.’’ his vote from ‘‘aye’’ to ‘‘no.’’ Filner Menendez Velazquez Mr. TANCREDO and Mr. ROYCE Mr. DOGGETT changed his vote from Ford Michaud Visclosky changed their vote from ‘‘no’’ to ‘‘aye.’’ ‘‘no’’ to ‘‘aye.’’ Frank (MA) Millender- Walden (OR) Frost McDonald Waters So the amendment was agreed to. So the amendment was rejected. Gonzalez Miller (NC) Watson The result of the vote was announced The result of the vote was announced Gordon Miller, George Watt as above recorded. as above recorded. Green (TX) Moore Weiner AMENDMENT OFFERED BY MR. KENNEDY OF AMENDMENT NO. 9 OFFERED BY MS. HOOLEY OF Green (WI) Moran (VA) Weldon (PA) Grijalva Murtha Wexler MINNESOTA OREGON Gutierrez Nadler Wu The CHAIRMAN. The pending busi- The CHAIRMAN. The pending busi- Hall Napolitano Wynn ness is the demand for a recorded vote ness is the demand for a recorded vote on the amendment offered by the gen- NOES—203 on the amendment offered by the gen- tlewoman from Oregon (Ms. HOOLEY) Aderholt Bonner Castle tleman from Minnesota (Mr. KENNEDY) Akin Bono Chabot on which further proceedings were on which further proceedings were Baker Boozman Chocola postponed and on which the noes pre- Ballenger Boyd Coble postponed and on which the ayes pre- vailed by voice vote. Barrett (SC) Bradley (NH) Cole vailed by voice vote. The Clerk will redesignate the Bartlett (MD) Brady (TX) Collins The Clerk will designate the amend- Barton (TX) Brown (SC) Crane ment. amendment. Bass Brown-Waite, Crenshaw The Clerk redesignated the amend- Beauprez Ginny Cubin The Clerk designated the amend- ment. Bereuter Burgess Culberson ment. Biggert Burns Cunningham RECORDED VOTE RECORDED VOTE Bilirakis Burr Davis, Jo Ann The CHAIRMAN. A recorded vote has Bishop (UT) Burton (IN) Davis, Tom The CHAIRMAN. A recorded vote has been demanded. Blackburn Buyer Deal (GA) been demanded. A recorded vote was A recorded vote was ordered. Blunt Calvert DeLay ordered. Boehlert Camp DeMint The CHAIRMAN. This is a 5-minute Boehner Cantor Diaz-Balart, L. The CHAIRMAN. This is a 5-minute vote. Bonilla Capito Diaz-Balart, M. vote.

VerDate jul 14 2003 04:33 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\A04SE7.051 H04PT1 H7894 CONGRESSIONAL RECORD — HOUSE September 4, 2003 The vote was taken by electronic de- LoBiondo Pallone Simmons The CHAIRMAN. The gentleman will vice, and there were—ayes 89, noes 325, Lofgren Pascrell Simpson state his point of order. Lowey Pastor Skelton not voting 20, as follows: Lucas (KY) Paul Slaughter Mr. MICA. Mr. Chairman, I make a [Roll No. 473] Lucas (OK) Pearce Smith (NJ) point of order against the phrase, in Lynch Pelosi Smith (WA) quotes, Notwithstanding section AYES—89 Majette Peterson (MN) Snyder 3037(l)(3) of Public Law 105–178, as Akin Green (WI) Osborne Maloney Pitts Solis Manzullo Platts amended, end quotes, beginning on Barrett (SC) Gutknecht Ose Spratt Markey Pomeroy Bartlett (MD) Hastings (WA) Otter Stark page 51, line 12. This phrase waives the Marshall Porter Barton (TX) Hayworth Pence Stenholm statutory distribution of funds speci- Matheson Portman Beauprez Hefley Peterson (PA) Strickland fied in TEA–21 for the job access and Blackburn Hensarling Matsui Price (NC) Stupak Petri McCarthy (MO) Pryce (OH) reverse commute grants program. In Brady (TX) Herger Pombo Sweeney Burgess Hostettler McCarthy (NY) Putnam Tanner doing so it makes possible report lan- Ramstad McCollum Quinn Burr Hunter Tauscher Ros-Lehtinen McDermott Radanovich guage earmarking of projects that Cantor Isakson Royce Tauzin under section 3037(g) of TEA–21 must be Carter Istook McGovern Rahall Ryan (WI) Taylor (NC) Chabot Jenkins McHugh Rehberg selected on a competitive basis. Ryun (KS) Thomas Chocola Johnson, Sam McInnis Renzi Sensenbrenner Thompson (CA) In addition, it negates the formula Coble Jones (NC) McKeon Reyes Sessions McNulty Reynolds Thompson (MS) allocation of the program based on Collins Keller Tiberi Cox Kennedy (MN) Shadegg Meehan Rogers (AL) community size as is required by sec- Smith (MI) Meek (FL) Rogers (KY) Tierney Crane King (IA) Toomey tion 3037(l)(3) of TEA–21. This blanket Smith (TX) Meeks (NY) Rogers (MI) Cubin Kline Towns waiver is legislative in nature and in Souder Menendez Rohrabacher Culberson Lewis (KY) Turner (OH) Stearns Michaud Ross violation of rule XXI. DeLay Linder Turner (TX) Sullivan Millender- Rothman The CHAIRMAN. Do any Members DeMint McCotter Udall (CO) Tancredo McDonald Ruppersberger Diaz-Balart, L. McCrery Udall (NM) wish to be heard on the point of order? Taylor (MS) Miller (NC) Rush Diaz-Balart, M. McIntyre Upton Mr. ISTOOK. Mr. Chairman, we Terry Miller, George Ryan (OH) Doolittle Mica Van Hollen Thornberry Moore Sabo would concede the point of order. Everett Miller (FL) Velazquez Tiahrt Moran (KS) Sanchez, Linda The CHAIRMAN. The point of order Flake Miller (MI) Visclosky Wamp Moran (VA) T. Fletcher Miller, Gary Vitter is conceded and sustained. The cited Franks (AZ) Musgrave Weldon (FL) Murphy Sanchez, Loretta Murtha Sanders Walden (OR) language is stricken from the bill. Gingrey Neugebauer Wicker Walsh Graves Northup Wilson (SC) Nadler Sandlin The Clerk will read. Napolitano Saxton Waters The Clerk read as follows: NOES—325 Neal (MA) Schakowsky Watson Nethercutt Schiff Watt GENERAL PROVISIONS—FEDERAL TRANSIT Abercrombie Cooper Grijalva Ney Schrock Weiner AUTHORITY Ackerman Costello Gutierrez Norwood Scott (GA) Weldon (PA) SEC. 160. The limitations on obligations for Aderholt Cramer Hall Nunes Scott (VA) Weller Alexander Crenshaw Harman Nussle Serrano Wexler the programs of the Federal Transit Admin- Allen Crowley Harris Oberstar Shaw Whitfield istration shall not apply to any authority Andrews Cummings Hart Obey Shays Wilson (NM) under 49 U.S.C. 5338, previously made avail- Baca Cunningham Hastings (FL) Olver Sherman Wolf able for obligation, or to any other authority Bachus Davis (AL) Hayes Ortiz Sherwood Wu previously made available for obligation. Baird Davis (CA) Hill Owens Shimkus Wynn SEC. 161. Notwithstanding any other provi- Baker Davis (FL) Hinchey Oxley Shuster Young (FL) Baldwin Davis (IL) Hinojosa sion of law, and except for fixed guideway Ballance Davis (TN) Hobson NOT VOTING—20 modernization projects, funds made avail- Ballenger Davis, Jo Ann Hoeffel Berman John Regula able by this Act under ‘‘Federal Transit Ad- Bass Davis, Tom Hoekstra Cannon Kucinich Rodriguez ministration, Capital investment grants’’ for Becerra Deal (GA) Holden DeGette Mollohan Roybal-Allard projects specified in this Act or identified in Bell DeFazio Holt Gephardt Myrick Waxman reports accompanying this Act not obligated Bereuter Delahunt Honda Gordon Payne Woolsey Berkley DeLauro Hooley (OR) by September 30, 2006, and other recoveries, Granger Pickering Young (AK) shall be made available for other projects Berry Deutsch Houghton Janklow Rangel Biggert Dicks Hoyer under 49 U.S.C. 5309. Bilirakis Dingell Hulshof ANNOUNCEMENT BY THE CHAIRMAN SEC. 162. Notwithstanding any other provi- Bishop (GA) Doggett Hyde The CHAIRMAN (during the vote). sion of law, any funds appropriated before Bishop (NY) Dooley (CA) Inslee Members are advised there are 2 min- October 1, 2003, under any section of chapter Bishop (UT) Doyle Israel 53 of title 49, United States Code, that re- Blumenauer Dreier Issa utes remaining in this vote. Blunt Duncan Jackson (IL) main available for expenditure may be trans- Boehlert Dunn Jackson-Lee b 1821 ferred to and administered under the most Boehner Edwards (TX) So the amendment was rejected. recent appropriation heading for any such Bonilla Ehlers Jefferson The result of the vote was announced section. Bonner Emanuel Johnson (CT) SEC. 163. None of the funds in this Act shall Bono Emerson Johnson (IL) as above recorded. The CHAIRMAN. There being no fur- be made available for the design, construc- Boozman Engel Johnson, E. B. tion, or maintenance of any segment of a Boswell English Jones (OH) ther amendments to this portion of the light rail system in Houston that has not Boucher Eshoo Kanjorski bill, the Clerk will read. Boyd Etheridge Kaptur been specifically approved by a majority of Bradley (NH) Evans Kelly The Clerk read as follows: the participating voters in the Houston Met- Brady (PA) Farr Kennedy (RI) JOB ACCESS AND REVERSE COMMUTE GRANTS ropolitan Transit Authority service area in a Brown (OH) Fattah Kildee referendum. Brown (SC) Feeney Kilpatrick Notwithstanding section 3037(l)(3) of Public Brown, Corrine Ferguson Kind Law 105–178, as amended, for necessary ex- AMENDMENT OFFERED BY MS. JACKSON-LEE OF Brown-Waite, Filner King (NY) penses to carry out section 3037 of the Fed- TEXAS Ginny Foley Kingston eral Transit Act of 1998, $17,000,000, to remain Ms. JACKSON-LEE of Texas. Mr. Burns Forbes Kirk available until expended: Provided, That no Chairman, I offer an amendment. Burton (IN) Ford Kleczka more than $85,000,000 of budget authority The Clerk read as follows: Buyer Fossella Knollenberg shall be available for these purposes: Pro- Calvert Frank (MA) Kolbe Amendment offered by Ms. JACKSON-LEE of vided further, That up to $200,000 of the funds Camp Frelinghuysen LaHood Texas. provided under this heading may be used by Capito Frost Lampson Beginning on page 52, strike line 22 and all the Federal Transit Administration for tech- Capps Gallegly Langevin that follows through page 53, line 2. Capuano Garrett (NJ) Lantos nical assistance and support and perform- Cardin Gerlach Larsen (WA) ance reviews of the Job Access and Reverse Ms. JACKSON-LEE of Texas. Mr. Cardoza Gibbons Larson (CT) Commute Grants program. Chairman, I thank my colleagues for Carson (IN) Gilchrest Latham Carson (OK) Gillmor LaTourette POINT OF ORDER indulging us on what I believe is a Case Gonzalez Leach The CHAIRMAN. For what purpose point that can be embraced by all of Castle Goode Lee does the gentleman from Florida (Mr. my friends and colleagues and Mem- Clay Goodlatte Levin MICA) rise? bers of this body on both sides of the Clyburn Goss Lewis (CA) Cole Green (TX) Lewis (GA) Mr. MICA. Mr. Chairman, I wish to aisle. It is a simple point, Mr. Chair- Conyers Greenwood Lipinski raise a point of order on this section. man, that we are asking for, and I

VerDate jul 14 2003 05:07 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.127 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7895 might in this very costly bill which I All I am asking my colleagues to do is Mr. Chairman, I rise in opposition to happen to support, let me suggest to to eliminate the redundant language in this amendment. I understand why the my colleagues that I am not asking for this legislation, section 163, that has proponent of the amendment has of- any money nor am I asking for any no basis in purpose. It is not instruc- fered it. Most of the proposed rail in Member to intrude in local matters. tive because we have already agreed by Houston would be built in her district In fact, this has to do with the Hous- board authority, by ordinance, the re- to the exclusion of most of the suburbs ton rail system that many Members quirement to have a referendum. All and the rest of the region participating who have been here for a period of this does is confuse both Members of in the rail system. So this is a very years have had the pleasure of hearing Congress and agencies that will ulti- controversial issue, and this bill tries debated over a long, extended time mately have to interpret this language to make sure that the people on the frame. and try to understand what they were local level will have a voice in what I could have come to the floor of the saying in Houston, Texas. Are we di- will be proposed and ultimately will House of Representatives and offered vided, are we confused, and that is not ask for Federal funds. an amendment to change the frame- the case. The voters of Houston/Harris Section 163 of this bill actually pro- work which has been established in the County in the State of Texas will have hibits Houston Metro from using funds local community. Right now we have a the authority of going forward at that to build a light rail system until a spe- plan that will be put on a November 4, time. cific plan is approved in a local ref- 2003 ballot, an election plan, that indi- There was a point made at one of the erendum. After all, the city’s people cates that the first stage of building a board meetings, Mr. Chairman, where will bear the brunt of the multi-billion- rail in Houston would be 22 miles. there was an issue regarding when the dollar price tag, so they should have a I could have offered an amendment to referendum would be held, whether say in whether the project moves for- suggest to instruct my local authority there was a rush to have a referendum. ward. to have it be 39 miles. But I prefer, Mr. It was responded to by the very pro- This is a huge financial burden for Chairman, to go to my local authority ponent that there is no Federal re- the people of the Houston area, many and engage in debate and discourse and quirement causing Metro to rush to- of whom I represent. The project’s ulti- work it through the community. Why ward a referendum. By the very same mate usefulness is still uncertain. That is that? Because the local Metro board token, there is no Federal requirement is why the Transportation Appropria- has proceeded through the community for language to be in this appropria- tions bills for each of the last 4 years, and engaged all of the voters on a very tions bill dealing with a local issue which this amendment’s author voted simple question, the question of wheth- such as the Houston Metro plan. There for, have included similar provisions to er or not we will have rail in Houston, is no Federal requirement to have lan- guarantee affected residents the right Texas, and whether or not we will se- guage instructing us to have a ref- to have their voice heard in this mat- cure or attempt to secure Federal fund- erendum when we have already decided ter. It is also why the gentleman from ing. to do so. Again, my colleagues, I have Texas (Mr. CULBERSON) and I worked closely with officials at Houston Metro b 1830 come not to ask for more money. I hope that we will get in a posture to do when we were writing this provision to All of what has occurred over the last so. I have come not to implode the de- give Metro flexibility should the voters year should be a compliment and a cisions of the local community because approve the light rail project. tribute to local involvement. The I will choose, as many of my colleagues The referendum that we are talking Houston Metro Board, chaired by Ar- will choose to do, to work locally with about is scheduled for this November, thur Schecter, has held a number of the mayor, the county government, the and the current proposal on the ballot hearings throughout the community. Metro Board and the business commu- begs many questions. For instance, if, They have held a number of board nity on that issue as well as the citi- as studies conclude, new jobs and peo- meetings of which they have voted on a zens of that area. ple are moving in droves to the Hous- 72-mile program for the Houston/Harris I would simply say that I would ask ton suburbs, why would we spend bil- County area. my amendment to be accepted by my lions of dollars on a centralized, down- Again, let me emphasize to my col- colleagues because of the necessity of town rail system? Is a multi-billion- leagues, I ask you for nothing but to this legislation. dollar light rail system the best use of remove the language that is a limita- Mr. ISTOOK. Mr. Chairman, I move our resources when studies conclude tion that suggests that no action can to strike the last word. that new roads, highway lanes and bus- be taken unless Houston/Harris County Mr. Chairman, I appreciate the gen- ing systems have been less costly and has a referendum. Mr. Chairman, we tlewoman from Houston and her argu- more effective than light rail around have already agreed to have a ref- ments. However, I rise in opposition to the country? With an ever-sprawling erendum. There is a time certain and a the amendment. If a referendum is population, will light rail be conven- date certain upon which that ref- scheduled in Harris County, then if the ient enough to attract commuters? erendum will be held, November 4, 2003. voters in Harris County approve it, And finally, an important question The chairman of the committee, Mr. they have satisfied the requirements of Metro has not answered yet, how does Chairman, Chairman Schecter, said the the language in the bill. However, if we a massively expensive light rail sys- entire community must address this remove the language in the bill and the tem, accounting for a small fraction of issue now, that is transit. The commu- voters say no, then they are not pro- area trips, fit into Houston’s long-term nity can no longer afford to be divided. tected from anyone seeking to do an 100 percent mobility plan? Chairman Schecter stated that other end run. The language in the bill mere- I do not have all the answers, but areas in the Nation are making signifi- ly assures that the will of the voters neither does the author of the amend- cant strides in transit development and will prevail. If the voters have a ref- ment. Patience has been our policy for we must do the same. He noted that by erendum and the referendum says yes, 4 years, and I think it makes sense for the way of a resolution, 99–105, the they have satisfied the conditions in another 2 months. Metro Board adopted a 21st century, the bill, and there is no limitation. Vote ‘‘no’’ on the amendment and high-capacity transit vision which pro- However, if the voters have a ref- make sure that the people of Houston vided a conceptual framework of devel- erendum and they say no, then all that have their voices heard. opment of high-capacity transit in our the language in the bill does is to give Mr. BELL. Mr. Chairman, I move to major travel corridors. meaning to what the voters said and to strike the requisite number of words. In addition, we will have a specific give assurance that the will of the peo- Mr. Chairman, I rise to ask what I and direct ballot issue on the Novem- ple will prevail. think is a very fair question. Why is ber election. I would also like to say I oppose the amendment by the gen- the Federal Government telling the that the Houston Partnership, our tlewoman from Texas and ask that it city of Houston that it has to have yet chamber has just yesterday agreed to be defeated. another referendum on rail in order to be supportive of this effort and reiter- Mr. DELAY. Mr. Chairman, I move to get Federal rail funding that has been ated that we will have a referendum. strike the requisite number of words. offered without any type of election to

VerDate jul 14 2003 05:07 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.132 H04PT1 H7896 CONGRESSIONAL RECORD — HOUSE September 4, 2003 every other major American city? We resolution, a very expansive, if you Ms. JACKSON-LEE of Texas. Mr. have already had one referendum in will, effort by our community. Chairman, will the gentleman yield? Houston on rail, and we are going to I think this impacts all of us and the Mr. CULBERSON. I yield to the gen- have another in November as mandated decision should be left to those of tlewoman from Texas. by Texas State law. There is simply no whom will be impacted. Ms. JACKSON-LEE of Texas. Mr. need whatsoever to have similar lan- Mr. BELL. Mr. Chairman, the gentle- Chairman, the gentleman made a point guage included in this Transportation woman is absolutely correct. It is all of cost and made a point that this Appropriations bill we are considering about local control. If we are going to amendment would strike the ref- here today. So I am rising in support of be serious about being in favor of local erendum. Let me correct the record. this amendment which strikes that control, then this amendment defi- The community board, Metro Board, language. nitely deserves a ‘‘yes’’ vote. has voted to have a duly authorized Why is it necessary to continue to Mr. CULBERSON. Mr. Chairman, I election and referendum on November single out the city of Houston on rail move to strike the requisite number of 4, 2003. This is redundant and unneces- funding issues in Federal legislation? It words. sary, and we have collaborated in makes absolutely no sense. I think it is Mr. Chairman, I rise to join the Houston, as my good colleague and a travesty that anyone would go out of chairman and our majority leader in friend knows, where we have even gen- his way to add language to the Appro- opposition to this amendment because erated the support of the Partnership, priations bill that specifically targets the language in the Appropriations we have given the voters a chance to Houston and try once again to deny our bill, which this amendment would make their own decision, and I invite community the Federal funding it des- strike, simply guarantees the people of my friends on the other side of the perately needs to break the gridlock. Houston the opportunity not only to aisle to vote for local emphasis and What happened to the concept of local vote and approve any rail system in local impact and local decision. control that we hear the Republicans Houston, but this language also assures Mr. CULBERSON. If I could, reclaim- so often trumpet as their greatest the people of Houston that they will be ing my time, this is not the place to cause in life? told on the ballot where specifically debate the merits of this plan. Would In the end, this amendment is not the rail lines would be built. the gentlewoman debate me in Houston about whether or not you support rail. I worked this language, developed on the merits of this plan? It is about local control. Let us give and wrote this language in careful co- Ms. JACKSON-LEE of Texas. I think the city of Houston the local control it operation with the Metro authorities. that we will have that opportunity as deserves to determine its own course Metro’s representative here in Wash- the election proceeds. just as we give every other city in the ington signed off and approved of this Mr. CULBERSON. I look forward to United States that right. The language language. They were comfortable with that opportunity. in this bill is unnecessary and solely it. I did it in careful consultation with Ms. JACKSON-LEE of Texas. I will designed to impede the enormous ef- them. Indeed, State law in Texas does be happy to debate in the course of the forts made by Houston community require an election for bonding author- election, in the forums of my choosing. leaders to get light rail working for the ity, but State law in Texas has no re- Mr. CULBERSON. Reclaiming my city of Houston. Enough is enough. The quirements, there are no guidelines in time, this language was worked out referendum is on the November ballot, Texas law on what the ballot should with the assistance and cooperation of and I believe it will pass. It is time to look like. So this Federal language is Metro. I urge my colleagues to vote stop playing games with the very real an essential part of the equation in ‘‘no’’ against the amendment to guar- problems of one of our country’s larg- Houston for voters in Houston to have antee Houston voters the right to ap- est cities and let Houston get on with a good, clear understanding of not only prove this plan. how much this rail line is going to cost business, unencumbered by Federal in- b 1845 terference. us as taxpayers, but, more impor- Mr. Chairman, as we pass this Trans- tantly, where it is going to be built. Mr. LAMPSON. Mr. Chairman, I portation Appropriations bill, let us be The language in the bill is very rea- move to strike the requisite number of serious about local control. Let us be sonable, and as the gentleman from words. serious about allowing American cities Oklahoma (Mr. ISTOOK) has said, it is Mr. Chairman, I too rise in support of like Houston to find real transpor- an essential, we think, first step for, this amendment that has been put tation solutions. Stand up for local frankly, any transit system anywhere forth by the gentlewoman from Texas control of our cities and vote for this in the country to be able to move for- (Ms. JACKSON-LEE). This amendment important amendment. ward with a plan that would cost bil- would provide the citizens of Houston Ms. JACKSON-LEE of Texas. Mr. lions of dollars. In fact, this rail sys- the opportunity to decide their fate re- Chairman, will the gentleman yield? tem in Houston will ultimately cost, if garding the construction of light rail. Mr. BELL. I yield to the gentle- the voters approve it this November, This is something that is local. It is woman from Texas. $5.8 billion. That would make this rail something that makes a difference to Ms. JACKSON-LEE of Texas. Mr. system in Houston the Nation’s second Houston. We ought to be making those Chairman, I appreciate the gentleman’s most expensive transportation project, decisions for ourselves. For far too long comment. I might share with his point second only to the Big Dig, the tunnel this Congress has arbitrarily revoked of view on local control to reemphasize project in Boston. the rights of Houstonians to make sig- that this is not a plan that is district- The amendment would seek to strike nificant infrastructure decisions. Quite based. It is a plan that crosses a mul- language which would give the tax- frequently I have heard many of my titude of congressional districts, payers of Houston the right to approve colleagues on both sides of the aisle though we are not the prime arbiter of by majority vote this rail project. The rise in support of allowing significant how the plan is to be designed. This amendment would strike the right of decisions which affect localities to be goes into counties beyond Harris Coun- the people of Houston to see where, made at the local level. Communities ty. It includes Fort Bend. The small specifically, the rail lines are going to should have the opportunity to deter- city representatives on the board were be built. I would urge, as the majority mine what is in their best interests. enthusiastic about the 72.8-mile plan leader and the chairman have done, the Houston is a city which is rapidly and as well the Greater Houston Part- Members to vote against the amend- growing. It is spliting at the seams be- nership, which is our chamber, voted ment. This is not the place to debate cause of lack of necessary infrastruc- on September 3, 2003, to acknowledge the merits of this rail line. ture. The citizens of Houston have at- that the plan that will be on the ballot I note that the author of the amend- tempted for years to build light rail, includes local and express bus service, ment, the gentlewoman from Texas, but they have been stymied at almost buses, new transit centers, additional has expressed her support for this rail every attempt. And as a member of the park and rides and other bus-related fa- line. I would welcome an opportunity Committee on Transportation and In- cilities and 72.8 miles of rail projects as and, in fact, invite her to debate me in frastructure, I certainly recognize the delineated on a map attached to the Houston on the merits of this rail plan. importance of having multiple modes

VerDate jul 14 2003 05:07 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.134 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7897 of transportation available to metro- Federal planning funds that are in the law. But under this amendment today, politan areas. transportation authorization this last what we will tell Houston voters is, if Houston now suffers some of the time, and I expect there is a good they approve light rail, it can go for- worst highway congestion in the Na- chance they will be in there again. But ward. If they reject light rail, it can go tion. The average commute for this would be the kind of precedent forward as well. We have made this ref- Houstonians is over an hour. Mr. Chair- that could restrict people who want erendum meaningless. On the eve of man, Congress should not and must not public transportation who do not agree this election to attempt to nullify or be in the business of micromanaging with these right wing ideologues and dismiss this very healthy public ref- the politics of localities. The city of extremists that are against all public erendum it will have the effect of Houston has asked for and they should transportation. This would be a prece- disenfranchising tens of thousands of receive the same treatment as any dent where they could come in and Houston area voters who simply wish other metropolitan areas that have interfere with the people in my dis- to have their voices heard. Let us trust been granted access to Federal funds trict. the voters. We certainly have the for light rail. Let us do what is right Mr. LAMPSON. Mr. Chairman, we choice of who should represent them in for Houston. Interestingly enough, truly do not want to restrict the rights Congress. We need to let the ref- they have reached across party lines; or interests of a community to be able erendum go forward and let it matter. they have reached out across ideolog- to choose for themselves what they The voters deserve no less. ical lines. They came together in a want, and in this case Houston has said Mr. GREEN of Texas. Mr. Chairman, compromise that is putting this issue let us bring it to the people on Novem- I move to strike the requisite number on the ballot on November 4. They ber 4. They have the referendum set. of words. First of all, let me say to all of our have done an extraordinary effort to do They are going to speak. They want to colleagues, we are almost going to hear do for themselves what they can do and what is right for themselves, and all we from every Member who represents a are asking for is that we leave them then reach out to the Federal Govern- section of Harris County and the city alone and let them make the decisions ment for the assistance that is there of Houston. As we can tell, there is dif- for Houston. Let us do what is right for for other communities. We do not want ference of opinion, but there is also Houston. And I do urge a ‘‘yes’’ vote for the kind of precedent that the gen- some misinformation. Let me correct this amendment offered by the gentle- tleman is speaking about set. what has been said. There is a ref- woman from Texas (Ms. JACKSON-LEE). Mr. DOGGETT. Mr. Chairman, if I erendum on the ballot for November. Mr. DOGGETT. Mr. Chairman, will understand the history of this, this No matter what we do today, there will the gentleman yield? would not be the first time that a Fed- be a referendum on the ballot. The bal- Mr. LAMPSON. I yield to the gen- eral-elected official had interfered in lot language may be changed in a cou- tleman from Texas. the desire of the people of Houston, the ple of weeks, but the issue of bonds Mr. DOGGETT. Mr. Chairman, I un- support of the business community in under State law is what our local derstand Houston is a very special Houston to get public transportation; Metro board has to do. They have to place, but is there some reason why it but it would be the first time that in- have a referendum. And that ref- is so special that it is apparently the stead of just one individual going down erendum will be about a plan, at least only city in the entire 50 States, in the and interfering in it, it was written the first installment, we hope, of a plan entire United States, that has been sin- into Federal law where the full force that will really bring more light rail to gled out for this special treatment? and effect of Federal law would inter- Houston. Mr. LAMPSON. Mr. Chairman, that fere with the will of the people of Hous- It will serve more than what is al- is what we understand. We also under- ton. ready planned. We already have a 7.5 stand it is the single largest city that Mr. LAMPSON. Mr. Chairman, we do mile segment that is built with local does not have this kind of infrastruc- not want any Federal officials impact- money because of the original amend- ture that the citizens themselves have ing. We want to reach out and make ment in this bill that serves from chosen to put into place and definitely sure the people of Houston have their downtown out to our football stadium want to have. own say in this matter. and the Astrodome and serves the med- Mr. DOGGETT. Mr. Chairman, there Mr. BRADY of Texas. Mr. Chairman, ical center and Rice University and is a group down, I think, in San Anto- I move to strike the requisite number lots of areas in between; but to serve nio but they are just against all public of words. areas in my district, we have to have a transportation. They have an ideolog- Mr. Chairman, I understand my col- referendum. To serve northside and ical commitment that they do not be- league from Houston’s strong advocacy east end of Houston, we have to have a lieve in public anything, I think; but for light rail, but I am afraid that at referendum, and that is why we do not they certainly do not believe in public this late date this amendment is at need this language in the bill. transportation or public rail transpor- best immaterial and perhaps, I think, It is important that Houston is the tation. They are just against it as a undermines the voices of the voters in only city in the country that has been matter of principle. If we had one of our Houston region. Today on the held to this higher standard. Granted, these extremist groups come in, could House floor we are rehashing a delega- the amendment that is in the bill by they use this as a precedent to apply to tion disagreement about the need for a the gentleman from Texas (Mr. Beaumont and to Austin and to other referendum that has been really ren- CULBERSON) is better than the original cities across Texas and across the dered moot. As we speak, a referendum language, but we are still spelling out United States? on light rail is being held, scheduled that they have to put the projects in Mr. LAMPSON. Mr. Chairman, I for just a few weeks from now. For the referendum. We do not do that for imagine when a precedent is set, it more than a year, the community has any other city, in fact, cities that are could be used in other places. It would undergone and continues a detailed and much smaller than the fourth largest be the wrong direction for us to go in highly public debate about the scope city in the country. That is why it is for this. and the merits of light rail for the unfair to do this. I was an opponent of Mr. DOGGETT. Mr. Chairman, we Houston region. Seemingly every cor- heavy rail because I think in Houston have had a referendum in the city of ner in every neighborhood and every we are so geographically diverse, and Austin; and by about a percentage party interested in this issue has of- for years as a legislator I opposed it; point, a 1 percent point, the idea of a fered input, and soon an informed elec- but I watched how other cities in the light rail system was defeated, and I torate will head to the polls to make country have used light rail, and it am actually interested in seeing what their voices known about this issue. hurts me as a Houstonian to say that the citizens of Austin think if this Who in our region would dispute that even the city of Dallas is successfully issue comes up again; but we do not this has been a healthy debate on an using light rail and Federal dollars to have any Federal law requirement tell- important issue that will impact the expand without jumping through the ing us if we do not approve it again region for decades to come? It has been hoops that we would require them to that we will never be eligible for Fed- a welcomed debate based solely be- do if the original language in this bill eral funds, and in fact, we have some cause of existing language in Federal is done.

VerDate jul 14 2003 05:07 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.136 H04PT1 H7898 CONGRESSIONAL RECORD — HOUSE September 4, 2003 That is why I rise in support of the the small city representatives on the should be left to the States and local gentlewoman from Texas’s (Ms. JACK- board that represent the Fort Bend communities. That is all we are asking SON-LEE) amendment. Again, two of area, for example, are enthusiastic to do, is simply strike this language. those lines that are on the ballot that about a rail system that would come to Ms. MILLENDER-MCDONALD. Mr. will be approved come to my area. a city like Sugarland. But the point is Chairman, I move to strike the req- They are not all in district 18. They that the board did vote to have a ref- uisite number of words. serve an area near east end. erendum, and it is not necessary to be Mr. Chairman, as a former elected of- I represent a district that is very in this bill. ficial at the local level and knowing urban and also suburban; so I realize Mr. OLVER. Mr. Chairman, I move to the importance of joint powers of au- we need light rail along with lots of strike the requisite number of words. thority, I rise to support the Jackson- highway construction; and for years it Mr. Chairman, I rise in strong sup- Lee amendment. have been known that I love to build port of the gentlewoman’s amendment. I cannot understand why Houston highways, but I also know we cannot Mr. Chairman, I think this Congress should be held to a higher standard build them fast enough in Houston to really should leave local decisions with than any other city in this Nation. As solve the problems of transit any more local communities. We really should a senior member on the Committee on than Dallas could, any more than any not try to run Houston as if we were Transportation and Infrastructure, I other part of the country, any other the City Council for Houston or the am cognizant of the fact that light rail urban area in the country can do it. Houston Metro Authority. That would is the driving force in cities across this That is why we need to take all the put Houston in the same unenviable country. It is important that light rail language out of the bill and let the position that our own capital city becomes part of the Houston inter- Houstonians and the people who are in where this body sits is in, and that modal transportation because of the that metro area pass this bond election would be inappropriate. rapid increase in population in Hous- in November and expand the light rail The Texas Metro Board has already ton. with Federal funding like many cities held the public hearings that are nec- So we should not leave the fate of the that are much smaller than us. essary under the law. Furthermore, the Houston light rail system to the Unfortunately, this legislation pro- referendum required by the language of Houstonians and the stakeholders of hibits the use of Federal funds for plan- section 163 has already been scheduled Harris County? The people of Houston ning, designing and building this light for November 4. So section 163 is clear- have been fighting for years to develop rail unless it is itemized in there. And ly unnecessary. The referendum is al- a light rail system that will help to re- as much as I would like to see my two ready scheduled for the entire Houston duce traffic congestion. We know the projects in my area itemized, the city area. I would urge an ‘‘aye’’ vote on the importance of reducing congestion of Houston or any city does not list in Jackson-Lee amendment. now, and this is one of the reasons in their bond what water projects they Ms. JACKSON-LEE of Texas. Mr. the Committee on Transportation and are going to do. They are going to do as Chairman, will the gentleman yield? Infrastructure we are fighting to try to many as they can because they need to Mr. OLVER. I yield to the gentle- bring about light rail, because of the have that local flexibility. But I will woman from Texas. congestion and to maximize regional tell the Members what, if Metro does Ms. JACKSON-LEE of Texas. Mr. mobility and ensure adequate funding not do the plan that they have, I would Chairman, first of all, I want to thank for transportation improvements to be the first one back up here to say the ranking member very much for his maintain Houston’s status as an at- wait a minute, they fooled the voters ability to dissect the language. And I tractive place to live. of Houston and they will be punished want to make the point that this is It is important that we look at cities for that. They should not do that. not, though it may seem, likely a dis- like Houston in trying to move the Do not hold the city of Houston and cussion of those who are for or against congestion by bringing on light rail. my constituents to a higher standard rail. This is why the Texas Metro Board has than we hold Dallas, than we hold any held public hearings to obtain the b 1900 other city in the country, including input of the voting public of Harris many that are much smaller. We have That is not the debate here. I would County in Houston, Texas. A ref- a referendum plan. The voters will not draw my colleagues into that kind erendum will be held on November 4, make that decision this November, and of personalized debate. 2004, to cover the entire Houston Met- let us let the voters make that decision The test is simply, as the gentleman ropolitan Transit Authority service with their Federal tax dollars to help from Massachusetts (Mr. OLVER) has area. with light rail, and that is why I sup- indicated: The local governing authori- Mr. Chairman, it is just absolutely port the Jackson-Lee amendment. ties, including Harris County, the City unconscionable that one would try to Ms. JACKSON-LEE of Texas. Mr. of Houston, led by Mayor Lee P. circumvent Houston local authorities Chairman, will the gentleman yield? Brown, our civic community, the part- from having the authority to control Mr. GREEN of Texas. I yield to the nership, the actual Metro board that their own fate in terms of light rail. I gentlewoman from Texas. has representatives of county govern- am adamant about this particular Ms. JACKSON-LEE of Texas. Mr. ment, city government, and small sur- amendment, trying to be hijacked. I Chairman, I thank the gentleman, hav- rounding cities, have already acted, support the Jackson-Lee amendment. ing been a former State senator, for and their act is that we will have a ref- Ms. JACKSON-LEE of Texas. Mr. the clarification of State law. I think erendum on November 4, 2003, and sub- Chairman, will the gentlewoman yield? that is extremely important. And I sequently will have other referendums Ms. MILLENDER-MCDONALD. I want to just hold up for my colleagues as the light rail would be expanded, if yield to the gentlewoman from Texas. the minutes of Metro board over the approved by the voters. Ms. JACKSON-LEE of Texas. Mr. last 30 days which affirm the very What we are suggesting, as my good Chairman, may I inquire of the gentle- points that the gentleman from Texas friend from Austin said, we are the woman, and I appreciate very much, (Mr. GREEN) has made. They voted an only city in this Nation where this in- having come from local government, overall plan that is 72.8 miles. Ulti- trusive language, this really restrictive her leadership in local government; as mately, the segments will have to be language that has no basis in fact or a local elected official, has she had the bonded. That requires an election. substance, it is redundant, repetitious experience of having the long arm of Those miles will be designed to go into and unnecessary, what we are sug- the Federal Government intrude upon urban and suburban and even some- gesting to my friends and colleagues, I decisions made by either her local what rural areas because that is the cannot imagine why both ends of the boards, if these decisions, of course, configuration and the geography of the spectrum could not support elimi- were with the input and the impact of Houston/Harris County metroplex area. nating this language, particularly a local community? Is that the way My good friends that are here will have when we all have some respect for the that local government chooses to oper- the opportunity to have light rail in 10th amendment, which really suggests ate, by having the long arm of the Fed- their respective communities. In fact, that there are certain items that eral Government instruct how to be

VerDate jul 14 2003 05:07 Sep 05, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K04SE7.137 H04PT1 September 4, 2003 CONGRESSIONAL RECORD — HOUSE H7899 constructive and positive in maybe The question was taken; and the the amendment printed in the CON- transit issues or water issues or what- Chairman announced that the noes ap- GRESSIONAL RECORD and numbered 2, ever issues might be relevant at that peared to have it. which shall be debatable for 15 min- time? Ms. JACKSON-LEE of Texas. Mr. utes; the amendment printed in the Ms. MILLENDER-MCDONALD. Mr. Chairman, I demand a recorded vote. CONGRESSIONAL RECORD and numbered Chairman, reclaiming my time, to the The CHAIRMAN. Pursuant to clause 15, which shall be debatable for 20 min- contrary, local governments have tried 6 of rule XVIII, further proceedings on utes; an amendment by Mr. HASTINGS to ensure and to maintain their local the amendment offered by the gentle- of Florida regarding OMB Circular A– control, thereby not asking the Federal woman from Texas (Ms. JACKSON-LEE) 76, which shall be debatable for 30 min- Government to intrude at all. In my will be postponed. utes; one proper amendment by Mr. experience as a mayor of a city, I know Mr. ISTOOK. Mr. Chairman, I move SANDERS regarding a district court firsthand how joint powers of authority that the Committee do now rise. memorandum and order addressing work independent of Federal Govern- The motion was agreed to. IBM’s pension plan, which shall be de- ment, and this is the way it should be Accordingly, the Committee rose; batable for 1 hour; an amendment by in Houston, as it is in other cities and the Speaker pro tempore (Mr. Ms. KAPTUR regarding the Help Amer- around the country. HAYES) having assumed the chair, Mr. ica Vote Act; an amendment by Mr. Ms. JACKSON-LEE of Texas. Mr. DREIER, Chairman of the Committee of VAN HOLLEN regarding OMB Circular Chairman, if the gentlewoman would the Whole House on the State of the A–76, which shall be debatable for 30 yield further, I hope this amendment Union, reported that that Committee, minutes; one proper amendment by Mr. will be supported by my colleagues on having had under consideration the bill FLAKE regarding Cuba travel, which both sides of the aisle, because I re- (H.R. 2989) making appropriations for shall be debatable for 1 hour; an state the fact that I have come to do the Departments of Transportation and amendment by Mr. HONDA regarding nothing more than to strike language. Treasury, and independent agencies for San Jose light rail; an amendment by I am not asking for money, I am not the fiscal year ending September 30, Mr. COOPER, Ms. DELAURO, or Ms. KIL- asking to add any language. 2004, and for other purposes, had come PATRICK regarding tax law enforce- I could have come here with an to no resolution thereon. ment, which shall be debatable for 1 amendment responding to neighbor- f hour; an amendment by Mr. DAVIS of hoods crying for light rail. Why is not Florida regarding educational ex- Acres Home not more expanded with MESSAGE FROM THE SENATE changes with Cuba; an amendment by the light rail? Why is it not more in A message from the Senate by Mr. Mr. MICA regarding the National Rail- our rural areas or suburban areas at Monahan, one of its clerks, announced road Passenger Corporation; an amend- this point, because it is geared to going that the Senate has passed with an ment by Mr. FARR regarding locality there? Why is Northeast not included amendment in which the concurrence pay; an amendment by Mr. MORAN of at this time? What is the status of Har- of the House is requested a bill of the Kansas regarding essential air service risburg? House of the following title: program. All of those issues we are going to H.R. 6. An Act to enhance energy conserva- Each amendment may be offered only work on locally. I do not intend to give tion and research and development, to pro- by the Member designated or a des- up on them, but I believe we will do vide for security and diversity in the energy ignee, or the Member who caused it to that locally with Members of Congress, supply for the American people, and for other purposes. be printed, or a designee; shall be con- county governments, city government, sidered as read; shall not be subject to The message also announced that the the business community and, of course, amendment; and shall not be subject to Senate insists upon its amendment to the voters. a demand for a division of the question the bill (H.R. 6) ‘‘An Act to enhance en- My point here, listening to the gen- in the House or in the Committee of ergy conservation and research and de- tlewoman, appears to be reinforced, the Whole. Except as specified, each velopment, to provide for security and that what we are doing with this lan- amendment shall be debatable for 10 diversity in the energy supply for the guage, the only city in the Nation, is minutes, equally divided and con- American people, and for other pur- undermining what the local officials trolled by the proponent and an oppo- poses’’ and requests a conference with have done. And as I understand what nent. An amendment shall be consid- the House on the disagreeing votes of the gentlewoman has just suggested, ered to fit the description stated in the two Houses thereon, and appoints that is clearly an intrusion that is not this request if it addresses in whole or under authority of the order of July 31, welcomed by local government that in part the object described. 2003, Mr. DOMENICI, Mr. NICKLES, Mr. works so very hard. The SPEAKER pro tempore. Is there I thank the gentlewoman for yield- CRAIG, Mr. CAMPBELL, Mr. THOMAS, Mr. objection to the request of the gen- ing. I hope that out of her, if you will, GRASSLEY, Mr. LOTT, Mr. BINGAMAN, tleman from Oklahoma? solicitation, that we will be able to Mr. DORGAN, Mr. GRAHAM of Florida, Mr. OBEY. Mr. Speaker, reserving have our colleagues supporting us on Mr. WYDEN, Mr. JOHNSON, and Mr. BAU- the right to object, under my reserva- both sides of the aisle. The Committee CUS, to be the conferees on the part of on Transportation and Infrastructure the Senate. tion I would ask the gentleman if this agreement is entered into, what would has been very, very receptive and warm f to our needs in Houston, and the Com- be the schedule for the remainder of LIMITATION ON AMENDMENTS mittee on Appropriations. The gen- the day and tomorrow? DURING FURTHER CONSIDER- tleman from Massachusetts (Mr. Mr. ISTOOK. Mr. Speaker, will the ATION OF H.R. 2989, TRANSPOR- gentleman yield? OLVER) and, of course, the chairman, have been very welcoming to the mo- TATION, TREASURY, AND INDE- Mr. OBEY. I yield to the gentleman bility needs we have had. PENDENT AGENCIES APPROPRIA- from Oklahoma. I would simply say, being supportive TIONS ACT, 2004 Mr. ISTOOK. Mr. Speaker, as I under- of local needs, I have supported roads Mr. ISTOOK. Mr. Speaker, I ask stand the intent, we will proceed to- and toll roads, as have my other col- unanimous consent that during further night for approximately 1 hour further, leagues. But yet when it comes to light consideration of H.R. 2989 in the Com- after which time any votes that have rail, we allow this to be so divisive. mittee of the Whole, pursuant to House been rolled will be held. After that This language should be stricken, we Resolution 351, no amendment to the time consideration of this bill would should never see it again, and we bill may be offered except pro forma cease until next Tuesday, when we should stop this decisive debate on the amendments by the chairman or rank- would complete consideration of the floor of the House when the community ing minority member of the Committee bill under the unanimous consent has actually come together. on Appropriations or their designees agreement. The CHAIRMAN. The question is on for the purpose of debate; the amend- Mr. OBEY. And tomorrow? the amendment offered by the gentle- ments printed in the CONGRESSIONAL Mr. ISTOOK. Tomorrow, not being in woman from Texas (Ms. JACKSON-LEE). RECORD and numbered 1, 6, 11, 14 and 24; charge of the schedule, I can only tell

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