May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4387 Safety Act, which will prevent school per- Attention Deficit/Hyperactivity Disorder (ADHD) H. RES. 245 sonnel from requiring a child to obtain a pre- at increasingly younger ages, and to discuss Resolved, That at any time after the adop- scription for a medication in order to remain in the health implications of these drugs. tion of this resolution the Speaker may, pur- the classroom. Our investigation found that disorders, such suant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the I would first like to thank my colleague from as ADD and ADHD, are diagnosed by a Whole House on the state of the Union for Georgia, Representative MAX BURNS, for his checklist of behaviors, not medical science. consideration of the bill (H.R. 1588) to au- leadership in introducing this legislation to ad- According to the National Institutes of Health, thorize appropriations for fiscal year 2004 for dress this significant issue. I would also like to the behaviors, or ‘‘symptoms’’ used to diag- military activities of the Department of De- thank LYNN WOOLSEY for her help to improve nose these disorders are inattention, hyper- fense, to prescribe military personnel this legislation. I am please to support this bi- activity, and impulsivity. Based on these de- strengths for fiscal year 2004, and for other partisan legislation and am thankful for their scriptions, almost every child in the United purposes. The first reading of the bill shall be dispensed with. All points of order against efforts. States would be considered afflicted, and consideration of the bill are waived. General We have heard from numerous parents and under current law, be required to take psycho- debate shall be confined to the bill and the grandparents that have been coerced or pres- tropic medication to attend school. amendments made in order by this resolu- sured by school districts into placing their child Ritalin is perhaps the most prescribed psy- tion and shall not exceed two hours equally on medication in order for the child to attend chotropic drug used to control children with divided and controlled by the chairman and school or receive services. I recognize the dif- behavioral problems. It is estimated that four ranking minority member of the Committee ficulty that children with attention or behavior on Armed Services. After general debate the to six million children are taking this drug daily bill shall be considered for amendment under problems bring to school, but no one should in the United States, a 500 percent increase the five-minute rule. It shall be in order to react by automatically assuming that the child since 1990. consider as an original bill for the purpose of should be on drugs. And certainly an indi- Ritalin is classified as a Schedule II stimu- amendment under the five-minute rule the vidual without a medical license should not lant. This means that it has met three criteria: amendment in the nature of a substitute rec- presume to understand the severity of a prob- (1) it has a high potential for abuse; (2) it has ommended by the Committee on Armed lem and simply assume that the child would a currently accepted medical use in the treat- Services now printed in the bill. The com- mittee amendment in the nature of a sub- be better off with drugs. ment; and (3) it is shown that abuse may lead stitute shall be considered as read. All points I’m sure that in these situations school per- to severe psychological or physical depend- of order against the committee amendment sonnel think they are doing the child, and the ence. According to research published in the in the nature of a substitute are waived. No parents, a favor. But they are not. Instead they Journal of the American Medical Association, amendment to the committee amendment in create new problems, unintended problems, Ritalin was shown to be a more potent trans- the nature of a substitute shall be in order and add to the culture where a pill should port inhibitor than cocaine. In addition, the except those printed in the report of the magically solve all of the child’s problems. chronic use of Ritalin can lead to: aggression, Committee on Rules accompanying this res- olution and those made in order by a subse- Worse, the quick fix of a pill fails to account agitation, disruption of food intake, weight quent order of the House. Each amendment for the potentially harmful effects of these loss, and even death. printed in the report of the Committee on drugs when not properly administered. Schools should not be able to force parents Rules may be offered only in the order print- The diagnosis of a disability or emotional or to administer these psychotropic drugs to their ed in the report (except as specified in sec- behavioral problem requires the careful exam- children—not only are these disorders diag- tion 2 of this resolution), may be offered only ination and discussion with a licensed medical nosed without physiological testing, but they by a Member designated in the report, shall practitioner. This bill protects that dialogue and be considered as read, shall be debatable for can also lead these children to further drug- the time specified in the report equally di- ensures that parents are not forced to decide use and dependence, or even the worst of all vided and controlled by the proponent and an between their own preferences and a school scenarios . . . death. opponent, shall not be subject to amendment official who is acting inappropriately. Mr. Speaker, H.R. 1170 would protect our (except that the chairman and ranking mi- I think it is also important to point out that children from being required by schools to be- nority member of the Committee on Armed we have provided strong safeguards to protect come subject to psychotropic medications that Services each may offer one pro forma appropriate communication between the par- can lead to detrimental health effects as well amendment for the purpose of further debate ent and the teacher. Teachers will still be able on any pending amendment), and shall not as drug addiction based on unscientific diag- be subject to a demand for division of the to share their observations with parents about noses. I urge continued support from my col- question in the House or in the Committee of the child’s behavior in the classroom and the leagues on this important legislation. the Whole. All points of order against school. Teachers and parents will still be able The SPEAKER pro tempore (Mr. amendments printed in the report are to discuss the child’s academic performance. LAHOOD). The question is on the mo- waived. After disposition of the amendments This bill does not stifle appropriate commu- tion offered by the gentleman from printed in the report, the Committee of the nication. Georgia (Mr. BURNS) that the House Whole shall rise without motion. No further This bill has the clear and simple goal of suspend the rules and pass the bill, consideration of the bill shall be in order ex- cept by a subsequent order of the House. preventing school officials from requiring chil- H.R. 1170, as amended. SEC. 2. The Chairman of the Committee of dren to be medicated with a controlled sub- The question was taken. the Whole may recognize for consideration of stance in order to attend school. This is a goal The SPEAKER pro tempore. In the any amendment printed in the report of the we can and should all support. opinion of the Chair, two-thirds of Committee on Rules out of the order printed, H.R. 1170 is an important bill that will pro- those present have voted in the affirm- but not sooner than one hour after the chair- vide security and comfort to both teachers and ative. man of the Committee on Armed Services or parents to ensure that our children are pro- Mr. BURNS. Mr. Speaker, on that I a designee announces from the floor a re- quest to that effect. tected. I urge my colleagues to support this demand the yeas and nays. SEC. 3. During consideration of the bill bill. The yeas and nays were ordered. under this resolution or by a subsequent Mr. BURTON of Indiana. Mr. Speaker, I rise The SPEAKER pro tempore. Pursu- order of the House— to express my support for the ‘‘Child Medica- ant to clause 8 of rule XX and the (1) after a motion that the Committee rise tion Safety Act of 2003 (H.R. 1170),’’ which Chair’s prior announcement, further has been rejected on a legislative day, the would prohibit the required administration of proceedings on this motion will be Chairman of the Committee of the Whole psychotropic medications in order for children postponed. may entertain another such motion on that to attend school. day only if offered by the chairman of the f Committee on Armed Services or the Major- Like many Members, I believe that our chil- ity Leader or a designee; and dren are our future. We need to do our best PROVIDING FOR CONSIDERATION OF H.R. 1588, NATIONAL DEFENSE (2) after a motion to strike out the enact- to protect and improve the health and well- ing words of the bill (as described in clause being of our Nation’s children, including pro- AUTHORIZATION ACT FOR FIS- 9 of rule XVIII) has been rejected, the Chair- tecting them from medications that can poten- CAL YEAR 2004 man may not entertain another such motion. tially harm them. Mrs. MYRICK. Mr. Speaker, by direc- The SPEAKER pro tempore. The gen- While I was the Chairman of the Full Com- tion of the Committee on Rules, I call tlewoman from North Carolina (Mrs. mittee on Government Reform, I held a hear- up House Resolution 245 and ask for its MYRICK) is recognized for 1 hour. ing on September 26, 2002, to examine alle- immediate consideration. Mrs. MYRICK. Mr. Speaker, for pur- gations that too many children are being medi- The Clerk read the resolution, as fol- poses of debate only, I yield the cus- cated for Attention Deficit Disorder (ADD) and lows: tomary 30 minutes to the gentleman

VerDate Jan 31 2003 01:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.029 H21PT1 H4388 CONGRESSIONAL RECORD — HOUSE May 21, 2003 from Texas (Mr. FROST), pending which ments of stabilizing Iraq and the con- and preparing for war, thereby ensur- I yield myself such time as I may con- tinuing war on terrorism, it is now cru- ing victory. At this crucial time in our sume. During consideration of this res- cial to begin addressing existing short- history, this bill is most important. olution, all time yielded is for purposes falls. Mr. Speaker, I reserve the balance of of debate only. I commend my colleagues, the gen- my time. Mr. Speaker, the Committee on Rules tleman from California (Chairman Mr. FROST. Mr. Speaker, I yield my- met and granted a structured rule for HUNTER), and the ranking member, the self such time as I may consume. H.R. 1588, the National Defense Author- gentleman from Missouri (Mr. SKEL- (Mr. FROST asked and was given per- ization Act for Fiscal Year 2004. The TON), for crafting this legislation that mission to revise and extend his re- rule provides for 2 hours of general de- will strengthen America’s military. marks.) bate, equally divided between the Today, our forces must be able to re- Mr. FROST. Mr. Speaker, when it chairman and ranking minority mem- spond quickly to rapidly changing comes to supporting America’s troops, ber of the Committee on Armed Serv- threats. As such, nothing could be there is no partisan divide in this Con- ices. It waives all points of order more important to our military than gress. Democrats and Republicans join against consideration of the bill. its current state of readiness. The pace together in saluting the soldiers, sail- Finally, it allows that the chairman of current operations has placed huge ors, airmen, and Marines who serve of the Committee of the Whole may demands on personnel and equipment America. More importantly, we work recognize for consideration of any already suffering from a decade of to provide them with the resources amendment printed in the report of the underfunding. This legislation reduces they need to do their jobs that we have Committee on Rules out of the order non-warfighting spending and puts the asked them to do. So every year, printed, but not sooner than 1 hour money where it is of best use, training Democrats and Republicans work very after the chairman of the Committee for our service members, maintenance hard to put together a defense author- on Armed Services or a designee an- of equipment, and support for the cost ization bill that is as bipartisan as it is nounces from the floor a request to of operations. robust. that effect. I am pleased that H.R. 1588 author- There is much to be proud of in this This is a fair rule, it is the tradi- izes $35.2 million for 39 Knight family bill. Its core is a bipartisan product tional structured rule for defense au- systems to the Army National Guard. that provides more for national defense thorization, and it provides for a de- The Knight system is a high mobility than the President requested and more bate on a number of pertinent issues, multipurpose wheeled vehicle-mounted than this Republican Congress ap- including nuclear policy, border secu- system which incorporates a Bradley proved in its budget. As always, the rity, and an assessment of NATO head- fire support vehicle mission equipment gentleman from Missouri (Mr. SKEL- quarters in Brussels, Belgium. package of a laser rangefinder, thermal TON), the ranking member of the Com- H.R. 1588 is a good bill. It firmly sight, hand-held computer and global mittee on Armed Services, deserves a shows our commitment to restoring positioning systems. It is used to lo- lot of credit. He remains an unwaver- the strength of our Nation’s military. cate targets for laser-guided muni- ing advocate for the men and women in The Committee on Armed Services has tions. uniform who put their lives on the line recommended $400.5 billion be author- As the Department of Defense in- every day to defend the United States. ized for the Department of Defense and creases the use of precision-guided mu- As a longstanding supporter of the the national security programs of the nitions in combat, this money will help U.S. military, I am especially pleased Department of Energy in fiscal year North Carolina’s 30th Heavy Separate by the success of Democrats’ efforts to 2004. Brigade Armor use the Knight system include substantial quality-of-life im- I commend President Bush, Sec- to locate targets in support of these provements for America’s men and retary of Defense Rumsfeld, and our munitions. women in uniform and their families. military leaders for taking the fight to H.R. 1588 makes the preparation and Specifically, this bill includes a 4.1 those who would do us harm. We stand modernization of our National Guard a percent increase in basic pay for all committed to provide the resources to top priority. members of the Armed Forces, plus ensure our continued success. I also want to commend my col- targeted increases for midgrade and The Iraqi conflict and our continuing league, the gentleman from North senior noncommissioned officers and war on terrorism have brought a re- Carolina (Mr. HAYES), for his work on select warrant officers to enhance re- newed and proper focus on national de- strengthening the ‘‘Buy American’’ tention. It also builds on our efforts to fense. We owe much to our men and provisions included in this bill. His lan- support the National Guard and the Re- women in uniform. Their success in guage will ensure that all of the com- serves, who bear more and more of the Iraq and Afghanistan is a testament to ponents of DOD uniforms come from burden of defending America at home their bravery, training and equipment, American companies. The language and abroad. and their commitment to defend our specifically works to more adequately freedom. cover domestic textile and leather in- b 1200 With U.S. military personnel risking dustries. For instance, it ensures is that when their lives on the front lines of the war However, there is one amendment the they serve in areas where those on ac- on terrorism, H.R. 1588 is more than Committee on Rules made in order tive duty get hazardous duty pay, they just a signal to our soldiers, sailors, that I strongly oppose personally, the will also. airmen, and Marines that this Nation Sanchez amendment. It would allow Mr. Speaker, I want to particularly recognizes their sacrifices. It is the abortions on our military bases over- thank the Committee on Armed Serv- means by which we make our commit- seas. Military treatment centers, ices for including in this bill my legis- ment to providing them a decent qual- which are dedicated to nurturing and lation to make life easier for the Na- ity of life by providing an across-the- healing, should not be forced to facili- tional Guard and Reserves, both active board 4.1 percent pay increase for mili- tate the taking of the most innocent duty and retirees, and their families by tary personnel, so as to sustain the human life, the child in the womb. allowing them unlimited access to commitment and professionalism of For the past 6 years, the House has commissaries. They and their families America’s all-volunteer Armed Forces, voted to keep abortion-on-demand out are making great sacrifices for this Na- and the families that support them. of military facilities, and I urge my tion, and they deserve our support. Even before Operation Iraqi Freedom, colleagues to stay on this course and Additionally, this bill continues to the global war on terrorism and the vote against this amendment. invest in the wide range of weapons commitment to homeland security, the That said, this is a fair rule. So let us that ensure America’s military superi- Armed Forces had insufficient man- pass the rule and pass the underlying ority throughout the world. It includes power for existing wartime and peace- defense authorization bill. At the end $4.4 billion for the F–35 Joint Strike time requirements. A lesson learned is of the day, we will be making our Fighter, the next generation multi-role that with the likelihood of the open- homeland safer, supporting our sons fighter of the future for the Air Force, ended, long-term manpower require- and daughters serving in the military, the Navy and Marines. It includes $4.3

VerDate Jan 31 2003 01:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.033 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4389 billion for the F–22 Raptor aircraft, the Now the chairman of the Committee For that reason, I urge Members to high-technology air dominance fighter on Rules said last night that it was vote no on this rule so the Committee for the Air Force. It also includes over still possible for additional amend- on Rules can go back upstairs and start $1.6 billion for the V–22 Osprey aircraft. ments to be considered for inclusion in this process over. Maybe on the second Mr. Speaker, all of these important, the second rule on this bill to be con- try the Republican leaders will allow pro-defense provisions have strong bi- sidered by the committee later today. us to get it right. partisan support. They reflect the long- But I doubt any Members will be hold- Mr. Speaker, I reserve the balance of standing commitment of Democrats ing their breath. my time. and Republicans to work together to The fact is, the Republican leader- Mrs. MYRICK. Mr. Speaker, I yield ensure that the U.S. military has the ship would have done well to give this such time as he may consume to the resources it needs. House the opportunity to have a vote gentleman from California (Mr. Unfortunately, several provisions of on the Rahall-Dingell substitute, rath- HUNTER), the distinguished chairman of this bill are neither bipartisan nor nec- er than risking losing this rule by the Committee on Armed Services. essary to maintain the strength of the shutting out so many reasonable Mr. HUNTER. Mr. Speaker, I thank U.S. military. Indeed, some are nothing Democrats who support the bill. the gentlewoman for yielding me time. more than extremist, right-wing ide- Additionally, the House Republican Let me say to all my colleagues, this ology piggy-backed on an otherwise bi- leadership has chosen to tell the second is a great defense bill that is coming to partisan bill. ranking Democrat on the Committee the floor, and I hope everybody sup- For instance, does anyone really be- on Armed Services, the gentleman ports it. It does a lot of things for lieve that national security requires from South Carolina (Mr. SPRATT), a America’s troops. They have just fin- that we gut environmental protec- Member who has extensive expertise in ished this extraordinary operation tions? Of course not. the issue of nuclear threat reduction, where they pushed up through Iraq in But rolling back America’s environ- that his amendment is just too hot to very dangerous circumstances, engaged mental protections is practically the handle. The Spratt amendment sought in many conflicts at very close ranges Holy Grail of the Republican party. So to restore the President’s requests for and secured their objective and carried Republicans stuck into this bill provi- Cooperative Threat Reduction pro- out their mission with extraordinary sions that attack the Endangered Spe- grams. That is the President’s request talent and capable and courage. cies Act and Marine Mammal Protec- that he sought to restore. Yet the Re- Now it is our turn. It is our turn to tion Act. publican leadership has refused to support the troops. It is our turn to Similarly, Republicans are trying to make this amendment in order, in spite provide the readiness capability. It is use this bill to weaken the workplace of the fact that President Bush asked our turn to provide for modernization protections of the patriotic men and for this money. of old platforms, and it is our turn to women employed by the Pentagon. Again, the chairman of the Com- not only fix what we need to win now They even defeated a Democratic at- mittee on Rules told me last night that but to look beyond the horizon and fix tempt to preserve the current rules it might be possible to consider includ- and create and produce what we are prohibiting patronage at the Pentagon. ing the Spratt amendment in the sec- going to need tomorrow, and this bill Mr. Speaker, these anti-environ- ond rule, but, again, Members will not does this. mental riders and attacks on the men be holding their breath. It provides for many of the very im- and women who work at the Pentagon Such arrogance practically begs pro- portant enablers. And I call enablers are not about supporting the military. defense Members on this side of the things like tankers, tanker aircraft, There are about supporting the Repub- aisle to oppose this rule, and it ought that allow us to maintain that aircraft lican party idealogy, and they have no to give plenty of reason to oppose this bridge between the United States or a business in a bipartisan bill to provide rule to Republican Members who value base that we have overseas and a po- for the men and women of the United fair play and institutional integrity or tential point of conflict where we can States Armed Forces. President Bush’s national security pri- keep aircraft going back and forth, So Democrats have filed amendments orities. whether those aircraft are cargo air- with the Committee on Rules to free Mr. Speaker, serious Members on craft to supply the troops or strike air- this bipartisan bill of these partisan both sides of the aisle have filed many craft that are putting rounds on target. riders. Unfortunately, Mr. Speaker, the other substantive amendments. But And because of that we have got provi- House Republican leadership has cho- after seeing so many significant sions in this bill to provide for tankers. sen to make ideology of such para- amendments blocked in this first rule, We have a tanker fund that allows us mount importance that they have shut what do they have to look forward to to go forward on either a buy or a out two of the most important Demo- in the second rule? Will they be shut lease. We have got that provision in. cratic amendments. out again just as their colleagues have We have got provisions in for more of First, the Republican ideologues have today? our airlift with C–17 aircraft, these denied the House the opportunity to I, for instance, have submitted three great aircraft that are providing the even consider the amendment offered important amendments that address centerpiece of our airlift today along by the ranking members of the Com- defense issues I have pursued for some with our older C–5s and our in-theater mittee on Resources and the Com- time: helping immigrant soldiers earn C–130s. mittee on Energy and Commerce. The U.S. citizenship, providing tuition re- We worked on other so-called Rahall-Dingell amendment is a com- funds to reservists called to active enablers. We have ramped up this stock mon-sense and reasonable alternative duty, and tax fairness for civilian De- of precision-guided munitions we need, to the anti-environmental language re- fense Department employees serving in those munitions that allow you to go ported by the Committee on Resources combat zones. in and hit one strut on a bridge and and incorporated in the Committee on Mr. Speaker, I have repeatedly urged knock it down, instead of having to Armed Services bill relating to the En- the Republican leadership to honor the carpet bomb the entire bridge with dangered Species Act and the Marine long-standing tradition of allowing full hundreds of bombs. We have a so-called Mammal Protection Act. This rule in- consideration of substantive amend- deep strike package that allows us to stead makes in order an amendment of- ments like these on the defense author- spend $100 million on a new system to fered by the chairman of the Com- ization bill. That cooperative approach replace these bomber aircraft that we mittee on Armed Services. It claims to is fundamental to our efforts to keep are using today. And the newest B–52 fix the most egregious provisions in the partisan politics from polluting the was made in July of 1962, so it is more Committee on Resources bill. Armed Forces bill and, in fact, has than 40 years old. We have 21 B–1s, and The fact that the Republican leader- been followed in previous Congresses, we now have a small batch of 21 B–2 ship has chosen to shut out Democrats both when the Democrats were in aircraft, our stealth aircraft. We now in this manner gives many Members on charge and even when the Republicans have a very small fleet of B–1 aircraft, this side of the aisle more than ample have been in charge. But this first rule because we had pulled 23 B–1 aircraft reason to oppose this rule. has abandoned that cooperation. out of the fleet because we could not

VerDate Jan 31 2003 01:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.035 H21PT1 H4390 CONGRESSIONAL RECORD — HOUSE May 21, 2003 afford the spare parts to keep all of Now we have another restriction. from Missouri for his great leadership those aircraft running. We put those 23 These are the gnatcatcher restrictions. here, we had a vote of 58 to 2 in favor aircraft back in the fleets, or as many We found a small bird that is consid- of this bill. of them that can be retrieved, and we ered to be endangered; and because of b 1215 provide for the spare parts and the sus- that these huge areas and, remember, tainability to keep that part of our im- this is a 100,000-plus acre base, these So this bill has really good stuff in it portant deep strike fleet going. huge areas are now restricted. for the United States of America, and We provide for the 4.1 pay increase. Now we have another restriction at it balances some very important com- That is the average pay increase, and Camp Pendleton. Let us turn the third peting interests the American people we do target parts of that to various page over. This is the rare plants re- have. I do not think any American, if aspects of the service where we need striction. It looks to me approximately you stopped them on the street and you critical skills. another 10, 20,000 acres are now re- went over this diagram of how training We do a good job with respect to stricted from training activity. has been cut back further and further housing for our troops, for our families. Let us turn the next page. These are and further, at places like Camp Pen- Today you do not just bring a troop, a the riparian areas and the vernal pools dleton, where those Marines that went uniformed person into the services. which are now also restrictions. up the An Nasiriya Corridor trained, I You bring a family into the services, So my point is, the United States do not think any American would dis- and you have to provide for those fami- Marines came in and talked to the agree with the idea that you get to- lies. We do that in this bill. Committee on Armed Services and gether Fish and Wildlife and the Ma- This bill has many good things; and they said, we used to try to work rine Corps, you make an arrangement, our great subcommittee chairman and around these restrictions when we had you set some land aside for the birds, subcommittee ranking members and just a couple of them. Now we can no set some land aside for the Marines, my colleague, the gentleman from Mis- longer work around them. And, inci- and let them both go through their op- souri (Mr. SKELTON), my great partner dentally, there is a lawsuit pending erations. who himself is home to the B–2 fleet in right now and there is an injunction in So I want to thank the gentlewoman America, have done I think an excel- place for the Marines being able to for letting me get up and explain this lent job on putting a great package to- practice amphibious operations on the important aspect of the defense bill; gether. vast majority of this beach that we put and let me urge all Members, Repub- I want to speak to one aspect of this in place to allow them to practice Iwo lican and Democrat, to vote for this package that has been talked about a Jima for the United States of America. bill. little this morning because people have So we have to do something. The SPEAKER pro tempore (Mr. said, are you killing the environment? So what did we do? Did we do some- SIMPSON). Does the gentleman from Are you hurting the environment? Are thing radical? No, we did not do any- Massachusetts (Mr. MCGOVERN) seek to you revamping the environment? The thing radical. We simply said we want control the time of the gentleman from answer is no. to balance conservation requirements Texas (Mr. FROST)? What we are doing is providing for Mr. MCGOVERN. Yes, I do. freedom to train for our troops. What and training requirements. So what we are going to do is put to- The SPEAKER pro tempore. Without we have heard over the last many years gether a process. It is called an inramp, objection the gentleman is recognized. now is that our bases around the coun- which is a fancy term for saying if the There was no objection. try where these great troops that you Fish and Wildlife Department of the Mr. MCGOVERN. Mr. Speaker, I yield saw in Iraq have an opportunity to United States makes an agreement 3 minutes to the distinguished gen- train, whether they are hitting a with the U.S. Marine Corps or the U.S. tleman from Maryland (Mr. HOYER), beachhead or firing on a range or going Navy or the U.S. Army or the U.S. Air our minority whip. through some type of amphibious war- Force and they also make an agree- Mr. HOYER. Mr. Speaker, I thank fare, those troops need to have places ment with State Fish and Wildlife in the gentleman for yielding me this to train and those training grounds are the State, so if it is California, New time. Once again, once again, this Re- becoming more and more constricted Jersey, New York or whatever, every- publican majority shows no compunc- and more and more off-limits to our body gets together and you take an tion about turning even the most bi- troops because of application, and I area and you make a decision that al- partisan legislation into a vehicle of think wrongful application, of our en- lows you to balance these two impor- divisive and unnecessary partisanship. vironmental laws. The defense authorization tradition- Let me show you a case in point. tant priorities, conservation and train- This is a picture of the Marine base ing, and you say, for example, we will ally unites Members on both sides of at Camp Pendleton in California. There allow the rifle range to be here. We will the aisle. I have always voted for it. is some 17 miles of beach here, and this allow the gnatcatcher environment to The American people expect that. Our is the beach on which the United be here. And maybe if the gnatcatchers brave men and women in the service States Marine Corps practices Iwo migrate in the fall and they leave this deserve no less. However, today the Jima. That is where they practice area, we will let you have training in majority has purposefully loaded up going ashore under heavy fire, where this area until they come back. It al- this bill with extraneous and con- they know they will take substantial lows you to make a flexibility adjust- troversial provisions and forced the casualty for us, for freedom. And guess ment that takes care of both priorities, rule to deny our side of the aisle a fair what we have done with our environ- both conservation of endangered spe- opportunity to be heard. mental laws? We have closed them out cies and training. Now, the gentleman from California where they cannot practice. Once Fish and Wildlife and State (Mr. HUNTER), the distinguished chair- This is a 17-mile beach. This is a base Fish and Game and the military makes man of the committee, who is now that is in excess of 100,000 acres. And I this agreement, you cannot come on in speaking to the Committee on Rules want to show my colleagues the var- after the agreement is made and place chairman, just spent 10 minutes ex- ious overlays, how the environmental another critical habitat over the top of plaining how reasonable the provisions applications have crept in and closed it and paralyze the training operation. of the bill are. But they do not have down more and more of this critical That is what we do. the courage of that representation to training base, and then I want to relate I think it is a very reasonable thing. allow us to debate fully on the floor it to bases across this Nation. This was passed first out of Resources and present an alternative. Let us turn over to that first overlay. with a bipartisan vote, and we passed it My, my, my, how confident they This is your 100,000-acre base. Here is in the Committee on Armed Services. must be of the reasonableness of their the first overlay where training is now And the final vote on the Committee position. Again, the majority is trying locked out. It is called the estuarine on Armed Services, I might add, when to insulate sweeping policy changes sanctuary. So training is locked out at all the smoke cleared and all the dust from serious scrutiny by invoking the Camp Pendleton. No Marines can go in- settled and we had our final vote, I words ‘‘national security,’’ and casting side that estuarine sanctuary. want to thank my ranking member anyone who raises questions as, at

VerDate Jan 31 2003 01:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.037 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4391 best, an impediment to national secu- stated. But let me tell my colleagues Mr. HOYER. I am not going to regur- rity and, at worst, unpatriotic. The fur- what happened last night in the Com- gitate it, in terms of fairness. ther down that road we go, the less mittee on Rules. In our quest to try to But what my colleague is saying is democratic we will become. have as many proposals as possible that the dean of the House comes to Make no mistake, this bill contains considered, what happened? It is the your committee and wants to offer an many, many important provisions. It first time that I can remember, in this amendment, and your committee re- provides good pay, housing and train- number, that this has taken place. sponds, no, Dean, you have served here ing for our men and women in uniform, Three proposals were offered by our 40-plus years, but we know better than and funds important modernization Democratic colleagues to actually you do. priorities that will ensure that we have knock out consideration of amend- Mr. DREIER. Reclaiming my time, the most technologically advanced ments that are made in order under Mr. Speaker, the Committee on Rules military in the world. I support that. this rule; meaning that while we were has not said that. The Committee on Not only that, I have supported it for trying to provide an option of debate Rules acted on one of two rules last 23 years in this House. and then an up-or-down vote so we night when we passed out this rule However, the addition of controver- could in a bipartisan way address these granting 2 hours of general debate and sial measures that will gut the civil issues, the Democrats were trying to allowing for the consideration of nine service system and harm the environ- shut out Members from having the op- amendments, which we hope to proceed ment only subvert the democratic portunity to offer amendments. Now, I with in just a few minutes. process and demean this House. This do not want to say it is unprecedented, We will be meeting sometime mid- bill would exempt the Defense Depart- but I do not recall it happening on afternoon for consideration of a second ment from compliance with the Endan- three occasions as it did last night. rule which will allow for consideration gered Species Act and the Marine This should be, Mr. Speaker, a to- of other amendments when we proceed Mammal Protection Act, even though tally noncontroversial rule, because it with this tomorrow. So I think that it both laws currently allow case-by-case is the same process that we have gone is really incorrect for anyone to con- exemptions. And here is the crucial through. What we have done, Mr. clude that all of the action on the De- point: the Pentagon has never before Speaker, is we have said that we want partment of Defense authorization rule sought the exemptions that the major- to go with the two-rule procedure, has in fact been completed. It has not ity would bestow today. which the Democrats did regularly and been completed. Fairness. Fairness. The American which we Republicans have done regu- But I want to say that the issue of people expect fairness, and it dictates larly in consideration of this massive the environment is one that is very im- that the majority make the Rahall- Department of Defense authorization portant to me as a Californian. It is Dingell amendment in order. It was bill. one that is very important, I believe, not. The gentleman from West Virginia The great chairman of the Com- to a broad cross-section of the member- mittee on Armed Services, the gen- (Mr. RAHALL) and the gentleman from ship of this House, Democrats and Re- tleman from California (Mr. HUNTER), Michigan (Mr. DINGELL), who is the publicans. We also know that there was here and he has talked about the dean of the House, the senior Member have been requests made by this ad- fact that this is a $400 billion measure. in this House of Representatives, yet ministration to deal with the situation As was said so well by my friend, the the Committee on Rules refused to that was outlined so well by the chair- minority whip, the gentleman from allow him to offer an amendment. That man of the Committee on Armed Serv- Maryland (Mr. HOYER), I agree with the is unconscionable. Furthermore, the ices, where in fact we may be jeopard- fact that on an issue as important as process by which the civil service re- izing the lives of our men and women our national security we should pro- form measures have been rushed to this in uniform if we do not take some ac- ceed in a bipartisan way, and we want floor is nothing short of appalling. This tion. to do that. proposal was conceived by a handful of Now, we know that one of the issues So I understand this is going to be the President’s advisers. of concern, and that has gotten a great debated. This will be discussed. There Without doubt, there are some prob- deal of attention, is the environmental is no doubt about the fact that this will lems in the Federal personnel system, question. That was raised by the gen- be a topic of discussion when the reforms that I would support, but our amendment of the gentleman from tleman from California (Mr. HUNTER) military’s stunning success in Iraq when he made his presentation from California (Mr. HUNTER) comes up, and shows there is not a crisis. Mr. Speak- the well. And I want to say that we this will be a topic of discussion as we er, we ought to consider this thought- have been sensitive to that. I happen to consider this rule as it is right now, as fully, and we ought to allow amend- believe that the provision that is made well as the second rule which we plan ments to be offered on this floor which in order under what will be tanta- to report out tomorrow. would provide for full debate. We are mount to a manager’s amendment of- Let me just say that this should be a not doing that. fered by the gentleman from California noncontroversial rule, and I do not Vote against this rule. Vote against (Mr. HUNTER) does in fact move to- want to foreclose the opportunity to the previous question. wards addressing some of the concerns consider any proposals that were sub- Mrs. MYRICK. Mr. Speaker, I yield that have been raised by the members mitted to the Committee on Rules. We such time as he may consume to the of the minority. will, in fact, have an opportunity to do gentleman from California (Mr. I will acknowledge that there are that this afternoon, and then tomorrow DREIER), the distinguished chairman of some who would like to do more. But we will debate a second rule that will the Committee on Rules. we happen to believe that the step that allow for further consideration. (Mr. DREIER asked and was given is taken by addressing the issues that Mr. HOYER. Mr. Speaker, will the permission to revise and extend his re- were raised by our colleague, the gen- gentleman again yield? marks.) tleman from Colorado (Mr. HEFLEY), Mr. DREIER. Well, Mr. Speaker, I Mr. DREIER. Mr. Speaker, I rise in will in fact be able to be effectively ad- would be happy to yield further, but I strong support of this rule, and I really dressed. do not know how we stand time-wise. am somewhat perplexed to hear all of Mr. HOYER. Mr. Speaker, will the We are using up our time here. the criticism of our attempts to be bi- gentleman yield? Mr. MCGOVERN. It looks like you partisan on this legislation. Someone’s Mr. DREIER. I yield to the gen- have plenty of time. been shut out in this process? Let me tleman from Maryland. Mr. DREIER. Excuse me. I think it is explain this rule to our colleagues, Mr. Mr. HOYER. Mr. Speaker, I thank wonderful for the gentleman from Mas- Speaker. the gentleman, because I think this is sachusetts to come to that conclusion, It is a rule which makes in order 2 an important procedural issue. And I but let me just suggest we do this. I hours of general debate, and it makes have a quote of yours in my pocket, will yield back my time now to my in order nine amendments for consider- but I am not going to take it out. friend, and I am happy to stand here ation that had been submitted to the Mr. DREIER. I think I may have and field questions from the minority Committee on Rules by the deadline we heard it before. on their time.

VerDate Jan 31 2003 01:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.094 H21PT1 H4392 CONGRESSIONAL RECORD — HOUSE May 21, 2003 Mr. MCGOVERN. I just have a ques- stance, it is not only unacceptable; the procurement moratorium of the tion that requires a one-word answer. but, quite honestly, it is outrageous. mid-1990s and are seeing the results of The SPEAKER pro tempore. The gen- b 1230 a restoration of national security fund- tleman from California has yielded ing in our victories in Iraq and Afghan- back his time. The Chair recognizes the This is not the full debate that this istan. gentleman from Massachusetts (Mr. House deserves on major policy I believe we must continue to provide MCGOVERN). changes. It is not right to cram adequate funding for our Nation’s mili- Mr. DREIER. Mr. Speaker, the gen- changes to our environmental laws tary. President Kennedy spent 9 per- tleman does not wish to yield to me? into technical amendments. It is not cent of our gross domestic product on Mr. MCGOVERN. Unfortunately, we right to not make in order a major national defense. President Ronald have a lot of people who are outraged Democrat amendment on the environ- Reagan 6 percent. The legislation by this unfair rule. mental provisions, the Dingell-Rahall today spends only 3.4 but is inching up- Mr. DREIER. We have a lot of people amendment, and not give us the full wards; and with the security threats we who wish to speak on this issue as well. time and full debate. Ten minutes, that face today, I believe we must continue Mr. MCGOVERN. Mr. Speaker, I yield is all we are given. moving upward with our defense allo- 4 minutes to the distinguished gen- I certainly hope, Mr. Speaker, that in cations. tleman from Missouri (Mr. SKELTON), the second look, the second rule, that I would like to highlight two issues the ranking member on the Committee the Committee on Rules must come the National Defense Authorization on Armed Services. forward with it, it will allow us to Act addresses which are of particular Mr. SKELTON. Mr. Speaker, I thank more fully debate and fully discuss all concern to me. The first is domestic vi- the gentleman for yielding me this the issues that I have put forward to olence. time and for giving me the opportunity them in my testimony yesterday. Last year, in the wake of several to rise in strong, but reluctant, opposi- Mrs. MYRICK. Mr. Speaker, I yield 3 murders involving soldiers stationed at tion to this rule. minutes to the gentleman from North Fort Bragg, I requested the Committee By and large this is a good bill. It Carolina (Mr. HAYES), my neighbor and on Armed Services to conduct a series puts forward the opportunity for the a member of the Committee on Armed of fact-finding meetings at Fort Bragg United States military to continue re- Services. and in the Fayetteville community to search and development, procurement, (Mr. HAYES asked and was given examine the problem of domestic vio- training, attracting the bright young permission to revise and extend his re- lence in the military. Working close men and women who serve, and to con- marks.) with the community and the Defense tinue to educate them along the way to Mr. HAYES. Mr. Speaker, I thank Task Force on Domestic Violence, we think strategically, operationally, and the gentlewoman for yielding me this have made progress in implementing tactically. Yet I find that this par- time. their recommendations. ticular rule is shutting out some Mr. Speaker, today I rise in support The bill before us provides a provi- amendments that I thoroughly believe of the rule that will allow for consider- sion that allows chaplains to work should be made in order. I hope that ation of H.R. 1588, the National Defense more closely with military families the Committee on Rules, on the second Authorization Act for Fiscal Year 2004. and gives them the maximum flexi- look, in the second rule that it will The legislation we have crafted in bility to work with all family members adopt, will hear our recommendations the Committee on Armed Services is to prevent potentially tragic situa- from the committee hearing yesterday targeted at two of the most critical tions. It also provides funding for trav- el and transportation for military de- and take us quite seriously. areas crucial to maintaining a healthy Let me further state, though, that it and robust military quality of life and pendents who are relocating for rea- is a pleasure working with the chair- readiness. For the soldiers and airmen sons of personal safety. It provides tra- man of the Committee on Armed Serv- in my district at Fort Bragg and Pope ditional compensation for victims and additional measures for implementa- ices, the gentleman from California Air Force Base respectively, the ability tion of the task force recommenda- (Mr. HUNTER). And I thank him for his to adequately care for their families and train for the mission for which tions. hard work, for his dedication, for his I commend the gentleman from Cali- strong feeling for the military, and for they are called are the two issues sec- fornia (Mr. HUNTER), the gentleman his sincerity. I think that we should let ond to none. from Missouri (Mr. SKELTON), the gen- it be known that he is a strong advo- I believe this legislation makes sig- tleman from New York (Mr. MCHUGH), nificant progress in these areas and cate for our national security. and the subcommittee for their leader- will enable our men and women in uni- This is a big bill, Mr. Speaker. It au- ship and attention to this matter and form to continue prosecuting the war thorizes almost $400 billion for the De- look forward to continuing their work partment of Defense and energy. This on terrorism. A recent trip to Iraq to put an end to domestic violence. bill is over 600 pages long. The Con- served to strongly reinforce my exist- The National Defense Authorization gress has a constitutional duty, as you ing pride in our Nation’s war fighters. Act addresses another critical issue, know, to raise and defend the military These brave men and women served that of fortifying the defense industrial in law. I had highlighted three major with honor and distinction as they lib- base, ensuring that the DOD purchases issues when I testified before the Com- erated a nation. Troops from the products that are made in America. My mittee on Rules. The first are the Eighth Congressional District of North two top priorities are national and eco- changes in the civil service system. Carolina have been at the very tip of nomic security. There is seldom, if That has not been ruled upon yet. Re- the spear that ended the dark reign of ever, a reason that these two goals vising our environmental laws. That Saddam Hussein and continue to lead should be considered mutually exclu- has been addressed in a manager’s the way in post-conflict resolution in sive. amendment here, as I understand it. Iraq and Afghanistan. These men and I have vowed to always work to pro- And our nuclear weapons policy has women deserve our support for this tect and promote the U.S. manufac- not been fully faced in this first rule. rule and the underlying bill. turing industry, and this is a perfect On the face, amendments made in This legislation takes care of our opportunity to do so. Strengthening order by this first rule seem most vital asset, our people. It provides the ‘‘Buy American’’ provisions is the uncontroversial. However, I do take every service member with an average right thing to do for our workers and issue with amendment No. 73. This is a 4.1 percent pay raise. It also boosts soldiers. Protecting national security mere 10-minute alleged technical military special pay and extends en- is important; economic security is im- amendment that literally corrects listed and reenlistment bonuses. It portant as well. spelling errors. But tacked on to that funds programs to improve living and Mr. Speaker, we debated this bill for is the amendment that changes the En- working facilities on military installa- 25 hours, and we had a good debate. It dangered Species Act and the Marine tions. is time to support this rule in the un- Mammal Protection Act. Regardless The bill under consideration indi- derlying rule that supports our men how Members might feel about the sub- cates we have come a long way since and women in uniform.

VerDate Jan 31 2003 01:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.041 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4393 Mr. Speaker, today I rise in support ommendations. The bill before us today of the process by the Committee on of the rule that will allow for consider- contains a provision that allows chap- Rules last night. ation of H.R. 1588, the National Defense lains to work more closely with mili- (Mr. DINGELL asked and was given Authorization Bill for Fiscal Year 2004. tary families and gives them the max- permission to revise and extend his re- The legislation that we have crafted in imum flexibility to work with all fam- marks.) the Armed Services Committee is tar- ily members to prevent potentially Mr. DINGELL. Mr. Speaker, this is a geted at two of the most critical areas tragic situations. It also provides fund- bad rule. It should be defeated. My Re- crucial to maintaining a healthy and ing for travel and transportation for publican colleagues have done the robust military—quality of life and military dependents who are relocating same thing that they usually do. They readiness. For the soldiers and airmen for reasons of personal safety. It pro- have gagged the minority. They have in my district at Fort Bragg and Pope vides transitional compensation for denied us a right to discuss important Air Force Base respectively, the ability victims and additional measures for questions, and they refuse to give us to adequately care for their families implementation of the Task Force rec- the right to offer amendments. and train for the mission for which ommendations. I commend Chairmen The chairman of the Committee on they are called are the two issues that HUNTER and MCHUGH and the staff of Rules appears in the well of the House are second to none. I believe this legis- the Total Force Subcommittee for and tells us what a wonderful job they lation makes significant progress in their leadership and attention to this have done at being fair. If they were these areas and will enable our men matter and look forward to continuing fair, they should have had the courage and women in uniform to continue to work with them to end domestic vio- and decency on that side of the aisle to prosecuting the war on terrorism. My lence. let us offer the amendments that recent trip to Iraq served to strongly The National Defense Authorization should be offered to allow matters to reinforce my pride in our Nation’s war Act for 2004 also addresses another crit- be properly discussed. fighters. These brave men and women ical issue, that of fortifying the defense This is the language of the Endan- served with honor and distinction as industrial base, ensuring that the De- gered Species Act. There is no need for they liberated a nation. Troops from partment of Defense purchases prod- them to take away the right of the the 8th District of North Carolina have ucts that are made in America. My top government to properly protect our na- been at the very tip of the spear that two priorities are national security and tional symbol, the bald eagle, and other endangered species. There is no ended the dark reign of Saddam Hus- economic security. There is seldom, if reason for the other side to afford the sein and continue to lead the way in ever, a reason that these two goals authorities that the leadership in the post conflict resolution in Iraq and Af- should be considered mutually exclu- Department of Defense have sought. In- ghanistan. These men and women de- sive. I have vowed to always work to deed, the members of the agency itself, serve our support for this rule and the protect and promote the U.S. manufac- the fighting soldiers have not asked for underlying bill. turing industry and this is a perfect op- This legislation first and foremost portunity to do so. Strengthening the and do not want it. It is interesting to note that they not takes care of our most vital asset of ‘‘Buy American’’ provisions is the right only amend the environmental laws, our military, our people. It provides thing to do for our workers and our sol- but they have amended many more, every service member with an average diers. Protecting our national security and they again foreclose the oppor- 4.1 percent pay raise. It also boosts is important but it’s just as important tunity for amendments. military special pay and extends en- to protect our economic security here Now the chairman of the Committee listed and reenlistment bonuses. Fur- at home. I have worked hard with on Rules comes down and says we are thermore, it funds programs to im- Chairman HUNTER to mandate more ac- going to have more opportunities. We prove living and working facilities on countability on the specialty metals are going to be considering it again. military installations. used in all of the components used in Well, if we have to consider it again, The bill under consideration today DoD projects, ensure that all of the why did they not offer us a fair rule in also indicates that we have come a parts of DoD uniforms come from do- the first place? Why do they have to do long way since the procurement mora- mestic sources, and require the Sec- it this way? They have basically a torium of the mid-1990s, and we are see- retary of Defense to notify Congress in sound bill, but they have sought to ing results of the restoration of na- writing of the factors that would ever change all manner of environmental tional security funding in our victories lead to a decision to waive the domes- laws, and they will put more on the in Iraq and Afghanistan. I believe that tic sourcing requirement. I am hopeful floor if they are permitted to do so. we must continue to provide adaqaate that our colleagues in the other body Indeed, one of the remarkable things funding for our Nation’s military. will recognize the need to protect U.S. that my Republican colleagues have President John F. Kennedy spent 9 per- jobs and work with us through the con- sought to do is to change the Civil cent of American’s gross domestic ference process. Service laws and to repeal, amongst product on defense. President Reagan Mr. Speaker, it is a gross injustice other things, the laws against nepo- spent six. The legislation in front of us and misfortune that it took the trag- tism. Perhaps there is a little Cheney today spends 3.4 percent and is inching edy on September 11th, 2001 to focus or a little Bush in the woods some- upward. With the national security the public eye on the need for a more where that needs a job, or perhaps a threats we face today, I believe we robust defense budget. But I feel that little Wolfowitz. There might even be a must continue moving upward in de- the legislation in front of us today will relative of the membership on that side fense spending. help our troops accomplish their mis- of the aisle who happens to need em- I would also like to take this oppor- sion and the Rule that provides for its ployment. tunity to highlight two issues the Na- consideration is fair and effective. We We should address these issues prop- tional Defense Authorization Act for are establishing a clear and strong erly. This is the People’s House. We are FY04 addresses that are of particular course to rebuild our Nation’s defenses. supposed to discuss great national concern to me. The first is domestic vi- I urge my colleagues to send a message issues. We are supposed to, under the olence. Last year, in the wake of sev- loud and clear to our soldiers, sailors, traditions and the practices of this eral murders involving soldiers sta- airmen and marines—that we will body, to have the ability to discuss tioned at Fort Bragg, I requested that strongly support you and give you the matters which the public thinks are the Armed Services Committee con- resources necessary to perform the important. Certainly the protection of duct a series of fact-finding meetings mission at hand. I urge my colleagues conservation values, certainly the pro- at Fort Bragg and in the Fayetteville to vote in favor of the rule and in favor tection of Civil Service laws, certainly community to examine the problem of of H.R. 1588, the National Defense Au- the protection of the values that all of domestic violence in the military. thorization Bill for Fiscal Year 2004. us think are important enough to be Working closely with folks in the com- Mr. MCGOVERN. Mr. Speaker, I yield discussed in this body and not stran- munity and the Defense Task Force on 2 minutes to the gentleman from gled by the Committee on Rules when Domestic Violence, we have made Michigan (Mr. DINGELL), the dean of the chairman comes down and says, oh, progress in implementing their rec- our House, who it appears was shut out we have been fair.

VerDate Jan 31 2003 01:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.009 H21PT1 H4394 CONGRESSIONAL RECORD — HOUSE May 21, 2003 Well, if the gentleman from Cali- to marine mammals, any nonmilitary, It is my understanding that the bill fornia has been fair, why in the name nongovernmental activity also would before the House contains three sec- of common sense does he not have the be covered by the weakened standards tions that are largely based upon H.R. goodness to allow us to have an oppor- of this bill. 2122, the Project BioShield Act which tunity simply to offer the amendment? Let me be clear, H.R. 1588 goes far be- the Committee on Energy and Com- Is it because my Republican colleagues yond what even the military requested. merce ordered reported just last week; are scared to death and afraid to per- As far as what DOD requested for is that correct? mit an honest discussion, to have an itself, we have had two recent GAO re- Mr. HUNTER. Mr. Speaker, will the honest application of the rules of the ports which found that the Pentagon gentleman yield? House with regard to the offering of has failed miserably to provide any Mr. TAUZIN. I yield to the gen- amendments? Why are they so afraid compelling examples to verify their al- tleman from California. on the other side of the aisle to have legation that the ESA and the MMPA Mr. HUNTER. Mr. Speaker, the gen- the truth brought forth and to offer a are undermining the training and read- tleman’s understanding is correct. fair procedure? iness of our fighting forces. In Iraq, we Mr. TAUZIN. The Committee on En- Mrs. MYRICK. Mr. Speaker, I yield 1 watched on live television the over- ergy and Commerce worked in a bipar- minute to the gentleman from Illinois whelming strength and bravery of our tisan fashion at the request of the (Mr. KIRK). Armed Forces. We salute them for a job President to report a strong BioShield Mr. KIRK. Mr. Speaker, I rise in sup- well done. There is no doubt they were bill. We expect the bill to be on the port of this rule because it makes a well-prepared for battle, and they did it floor very shortly. However, just this needed change. By including the Hefley under existing law. week I learned similar DOD provisions amendment in the manager’s amend- Further, we know that existing law have been incorporated in the bill that ment, we make a change narrowing the already provides exemptions to all laws may not be wholly consistent with our application of this DOD authorization when national security is at stake. Yet efforts in this area. bill on the environment just to DOD the military has not even availed b 1245 events alone. I think that is what the themselves of those exemptions in cur- committee wanted to do originally. It rent law. We accomplished many of the gentle- is what the chairman of the Sub- However, the gentleman from Michi- man’s objectives in our bill. Because committee on Readiness and the rank- gan (Mr. DINGELL) and myself are rea- my committee will not have a chance ing member of the Subcommittee on sonable people. We are strong sup- to work its will on the gentleman’s Readiness support. porters of our military. We on this side BioShield provisions, may I have his For those of us who are very strong of the aisle, just as strongly as any- assurance that he will work with me as supporters of the environment, we body in this Chamber, support our the bill heads to conference to ensure wanted this change made at the full troops. We are proud of the great sac- that any provisions agreed to there are committee, but because of jurisdic- rifice our fighting men and women properly drafted and not inconsistent tional reasons it was not made. By the have made to protect our Nation. with the President’s proposed program? As such, we submitted to the Com- manager’s amendment including this, I Mr. HUNTER. Let me just say to my mittee on Rules an amendment which think a change that the Committee on good colleague and the chairman of the would have, first, limited the proposed Armed Services wanted to have happen Committee on Energy and Commerce revisions to the ESA and the MMPA has happened. Now we are making the and a guy who has a great dedication contained in this legislation strictly to to the Armed Forces, we appreciate all necessary modifications to the Endan- military activities. Second, we would gered Species Act and the Marine his support and all of the hard work have ensured that those revisions, that his committee has done in this Mammal Protection Act, as narrowly while providing the military with some applied, to support the Department of area. He has my assurance that we will compliance flexibility, would not have work with him as this bill walks down Defense but not with broad application. diminished the letter and intent of the To make this early in the process in through the process. ESA and the MMPA. Mr. TAUZIN. I thank the chairman the manager’s amendment is the right This reasonable amendment was not and look forward to working with him decision by the Committee on Rules, made in order. Instead, buried within and the administration in ensuring and I urge adoption of the rule and the text of what was supposed to be a that we properly implement the Bio- commend the committee for making technical manager’s amendment by the Shield program and congratulate him that decision. chairman of the Committee on Armed and the committee for, again, a great Mr. MCGOVERN. Mr. Speaker, I yield Services, we find a sleight-of-hand 4 minutes to the gentleman from West trick is being played. effort in this bill to help secure our Virginia (Mr. RAHALL). Yes, the Hunter amendment revises country and protect her. Mr. RAHALL. Mr. Speaker, I cer- the broad ESA and MMPA exemptions Mr. MCGOVERN. Mr. Speaker, I yield tainly associate myself with the com- contained in H.R. 1588. It limits these 2 minutes to the gentleman from South ments the distinguished dean of the changes to the military, but it does not Carolina (Mr. SPRATT). House, the gentleman from Michigan do so in the prudent, protective man- (Mr. SPRATT asked and was given (Mr. DINGELL). Therefore, I also rise ner that was part and parcel of the Ra- permission to revise and extend his re- against this rule. hall-Dingell amendment. marks.) As many Members know, the under- Mr. Speaker, I suggest to my col- Mr. SPRATT. Mr. Speaker, there lying bill contains broad exemptions leagues that we not be lulled into be- were 99 amendments filed to the de- from the Endangered Species Act and lieving that the Hunter amendment fense authorization bill. Nine were the Marine Mammal Protection Act would have accomplished what the Ra- made in order: six for Republicans, which go far beyond what the military hall-Dingell amendment would have. three for Democrats. Among those not requested. For those of who found that On process and substance, the Hunter made in order was an amendment that the DOD has provided little in the way amendment should be rejected. There- I offered along with the gentleman of justification for its own proposals, fore, I urge a no vote on the previous from California (Mr. SCHIFF) which these broad exemptions were extremely question; and if that fails, I urge a no would simply have restored this bill so troublesome. vote on the rule. that the President’s request for cooper- In fact, under the guise of maintain- Mrs. MYRICK. Mr. Speaker, I yield ative threat reduction, our efforts bet- ing national security and military such time as he may consume to the ter known as Nunn-Lugar to get rid of readiness, H.R. 1588 would weaken the gentleman from Louisiana (Mr. TAU- Russian nuclear materials, chemical ESA to allow critical habitat designa- ZIN) for the purpose of a colloquy. weapons and biological weapons, could tions which are necessary for the re- Mr. TAUZIN. Mr. Speaker, I rise to be fully funded and fully expressed, covery of imperiled species to be done enter into a colloquy with the chair- freed of some encumbrances entered on a discretionary basis and to do so in man of the Committee on Armed Serv- into the bill in the committee mark all instances, not just as it may apply ices, the gentleman from California and allowed to go forward basically and to the military. In fact, when it came (Mr. HUNTER). only as the President has requested.

VerDate Jan 31 2003 02:42 May 22, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.095 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4395 That is all we sought to do. But this This is a dangerous door that we are both the strong U.S. Navy and a strong is critically important because it ad- opening. We are clearing the way to al- orca whale population. dresses a particular facility in Russia lowing political and personal favor- In the Columbia River system, we are called Schuch’ye which has maybe 75 itism to enter our civilian workforce, now allowing potential leachate from percent of the deadliest chemical weap- which is precisely what our Civil Serv- radioactive materials being buried in ons, sarin and VX and other nerve ice system is designed to prevent. This unlined trenches, and the majority has agents, contained in Russia. We are is wrong. denied us an amendment to solve that right now at the threshold of beginning I am sick and tired of those on the problem to keep radioactive waste out a project that would destroy those other side of the aisle messing around of the Columbia River system. weapons, and this bill as now written with the lives of American workers. The State of Washington says we without my amendment would ham- The Republican leadership’s arrogance ought to have a strong Navy, a strong string and hinder the undertaking of and insensitivity to working Ameri- orca whale and a strong Columbia that project. cans is astonishing. The Cooper/Van River; and this rule does not allow any Mr. Speaker, I have served in the Hollen amendment would fix these of- of those to take place. Congress for 21 years, and all these fensive provisions and would reinstate Mr. MCGOVERN. Mr. Speaker, I yield years I have served on the House the most basic worker rights and pro- 1 minute to the gentleman from Ohio Armed Services Committee. I am the tections. We do not want our civil serv- (Mr. KUCINICH). second ranking Democrat on the com- ants to look like some corrupt Third Mr. KUCINICH. Mr. Speaker, this budget is 13 percent higher than Cold mittee. I do not suggest that time World dictatorship. War levels, with money for a missile served or rank necessarily entitles a Chairman DREIER last night declared Member to be heard on the floor, but that he would prefer that the Demo- defense system which does not work, when a Member has a serious and sub- crats offer a different amendment. money for previously prohibited re- search on low-yield nukes and $626 mil- stantive provision, there should surely Well, that is not how this process is be some deference, some comity. We lion for a space-based laser. From Star supposed to work. If Chairman DREIER Wars to fear wars, this administration have always extended it in the past. In believes so strongly in a different led this Nation into a war based on a the 20 years I have served there, it has amendment, then he should go and been done. I think it has been under- pretext that Iraq was an imminent offer it. But the gentleman from Ten- stood in the past if we are to have good threat, which it was not. The Secretary nessee (Mr. COOPER) and the gentleman policy, we have to have good debate on of State presented pictures to the from Maryland (Mr. VAN HOLLEN) fol- the House floor. And when you stiff- world he said was proof. Today, despite lowed the procedures set by the Com- arm good proposals, worthy ideas, having total control in Iraq, none of mittee on Rules. They have a good when you shut us out, you do not just the very serious claims made to this amendment, and it deserves a vote up diminish me, the individual Member Congress, this Nation and the world or down. who would offer the amendment, you have been substantiated. We are sick and tired of being shut diminish the House of Representatives. Where are the weapons of mass de- out of this debate in this House. The That is exactly what you are doing struction? Indeed, what was the basis minority has rights, and we expect the here. for the war? We spent $400 billion for My amendment is not as important Republican leadership to honor them. defense. Will we spend a minute to de- as Nunn-Lugar, as the other amend- The Committee on Rules could do the fend truth? The truth is that this ad- ments which have been addressed here, right thing when it meets later today ministration led America into a war but it is important. We should have a by making the Cooper/Van Hollen with such great urgency and still is re- right to be heard on this amendment, amendment in order for tomorrow’s de- fusing to account to the American peo- and we are diminishing the House. bate. ple for the false and misleading state- Every Member who respects this insti- This is not a trivial matter. This is ments which brought America into tution and has any sense of comity and an amendment on one of the most sig- war. The American people gave up fair play should vote against the pre- nificant provisions in the defense bill. their health care, education and vet- vious question and against this rule. Anyone who wants to vote against it erans benefits for this war. And for Mr. MCGOVERN. Mr. Speaker, I yield can vote against it, but it deserves gen- what? Answer the questions, Mr. Presi- myself 2 minutes. uine debate. We deserve to have our dent. Mr. Speaker, this is a very important voices heard, and we deserve a vote on Mr. MCGOVERN. Mr. Speaker, I yield bill that we are debating here today. this amendment. 1 minute to the gentleman from New Every Member of this body deserves to Mrs. MYRICK. Mr. Speaker, I reserve Jersey (Mr. ANDREWS). be heard. In the Committee on Rules the balance of my time. (Mr. ANDREWS asked and was given yesterday, I urged that we have a free Mr. MCGOVERN. Mr. Speaker, I yield permission to revise and extend his re- and open debate and that at a min- 1 minute to the gentleman from Wash- marks.) imum on important issues like the en- ington (Mr. INSLEE). Mr. ANDREWS. Mr. Speaker, I thank vironmental rollbacks and our worker (Mr. INSLEE asked and was given my friend for yielding me this time. protections and rights and our nuclear permission to revise and extend his re- This is a strong and good bill on weapons that we have an opportunity marks.) which there are points of serious dis- to deliberate and offer amendments. Mr. INSLEE. Mr. Speaker, this rule agreement. One of those points of dis- Instead, the Republican leadership ap- is not in the finest traditions of this agreement is the extent to which envi- pears to be shutting the door on an House. As it applies to Washington ronmental protection laws should be open debate and it appears has denied State, we have three icons in Wash- rolled back in the case of military op- outright amendments from distin- ington State: the United States Navy, erations. Many of us on our side and guished Members like the gentleman orca whales in the Puget Sound, and some on the other believe they should from South Carolina (Mr. SPRATT), the the Columbia River. All of them can not be rolled back as much. There are gentleman from Michigan (Mr. DIN- live in perfect cohabitation if we come those on the majority side who believe GELL) and the gentleman from West up with a rule that respects the values that this is the right way to go. What Virginia (Mr. RAHALL). of all three. This rule does not allow we are asking for is a chance to debate The majority has an opportunity to this House to do that, because it seri- that question and take a vote. try to repair some of the damage, and ously weakens the protections of the In this bill, there is a serious dis- they can start with the Cooper/Van orca whales in the waters of the State agreement about the rollback of the Hollen amendment. There are almost of Washington. That is wrong. It is un- civil protective rights of civilian work- 700,000 civilian employees at the De- necessary. The bill that we will be con- ers in the Department of Defense. We partment of Defense who serve this sidering without allowing an amend- believe it goes far too far. Many on the country proudly and patriotically. But ment proposed by Democrats would se- other side believe it is the right thing with the stroke of a pen this bill will riously strip the protection of orca to do. All we are asking for is the right strip them of their most basic rights whales in a way that is not necessary. to debate that question and take a and protections. We have proposed a way to protect vote.

VerDate Jan 31 2003 01:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.050 H21PT1 H4396 CONGRESSIONAL RECORD — HOUSE May 21, 2003 It is the supreme and bitter irony ment and extraneous materials imme- SEC. 318. MILITARY READINESS AND MARINE that the world’s greatest fighting force diately prior to the vote on the pre- MAMMAL PROTECTION. that defends democracy around the vious question. Again, vote ‘‘no’’ on the (a) DEFINITION OF HARASSMENT FOR MILI- TARY READINESS ACTIVITIES.—Section 3(18) of world with great skill and in whom we previous question. the Marine Mammal Protection Act of 1972 take great pride, that the bill that The SPEAKER pro tempore (Mr. (16 U.S.C. 1362(18)) is amended by adding at funds that fighting force is not being SIMPSON). Is there objection to the re- the end the following new subparagraph: pursued under basic democratic prin- quest of the gentleman from Massachu- ‘‘(D) In the case of a military readiness ac- ciples. Our military force defends de- setts? tivity, the term ‘harassment’ means— mocracy around the world, but we do There was no objection. ‘‘(i) any act that has the potential to in- not have democracy on the floor of the The material previously referred to jure a marine mammal or marine mammal House of Representatives. by Mr. MCGOVERN is as follows: stock in the wild; or ‘‘(ii) has the potential to disturb a marine Vote ‘‘no’’ on this rule. PREVIOUS QUESTION FOR H. RES. 245—RULE ON mammal or marine mammal stock in the Mr. MCGOVERN. Mr. Speaker, I yield H.R. 1588, NATIONAL DEFENSE AUTHORIZA- wild by causing meaningful disruption of TION ACT FOR FISCAL YEAR 2004 myself the balance of my time. biologically significant activities, including, Mr. Speaker, I will call for a vote on AMENDMENT TO H. RES. 245 OFFERED BY ll but not limited to, migration, breeding, care the previous question, and I am going At the end of the resolution, add the fol- of young, predator avoidance or defense, and to urge Members to vote ‘‘no’’ on the lowing: feeding.’’. previous question. If the previous ques- ‘‘SEC. 4. Notwithstanding any other provi- (b) EXEMPTION OF ACTIONS DURING WAR OR tion is defeated, I will offer an amend- sion of this resolution, the amendment speci- DECLARED NATIONAL EMERGENCY.—Section ment to the rule that will make in fied in section 5 shall be in order as though 101 of the Marine Mammal Protection Act of order the Rahall/Dingell amendment printed after the amendment numbered 1 in 1972 (16 U.S.C. 1371) is amended by inserting that was offered in the Committee on the report of the Committee on Rules if of- after subsection (e) the following: fered by Representative Rahall of West Vir- ‘‘(f) EXEMPTION OF ACTIONS DURING WAR OR Rules last night and defeated on a ginia or a designee. That amendment shall DECLARED NATIONAL EMERGENCY.—(1) The straight party line vote. be debatable for one hour equally divided and President, during time of war or a declared Mr. Speaker, I am absolutely amazed controlled by the proponent and an oppo- national emergency, may exempt any action that today the Republican leadership is nent. Section 2 shall not apply to the amend- undertaken by the Department of Defense throwing away the long-standing tradi- ment numbered 1 or the amendment speci- and its components from compliance with tion of bipartisan cooperation in shap- fied in section 5. any requirement of this Act if the Secretary ing our national defense policies. It is a SEC. 5. The amendment referred to in sec- of Defense determines that such an exemp- very sad day indeed when something as tion 4 is as follows: tion is necessary for reasons of national se- Strike section 317 (page 59, line 16, through curity. important as defending our Nation page 60, line 24) and insert the following new takes a back seat to partisan politics. ‘‘(2) An exemption granted under this sub- section: section shall be effective for a period of not In fact, it is more than a sad day. It is SEC. 317. MILITARY READINESS AND CONSERVA- more than two years. Additional exemptions shameful, and it is wrong. TION OF PROTECTED SPECIES. for periods not to exceed two years each may This bill is supposed to be about pro- (a) LIMITATION ON DESIGNATION OF CRITICAL be granted for the same action upon the Sec- tecting our Nation and providing the HABITAT.—Section 4(a)(3) of the Endangered retary of Defense making a new determina- very best policies and tools to help our Species Act of 1973 (16 U.S.C. 1533(a)(3)) is tion that the exemption is necessary for rea- brave servicemen and women defend amended— sons of national security. However, exemp- this great land. Instead, it is a vehicle (1) by redesignating subparagraphs (A) and tions granted under this subsection shall ter- for fulfilling ideological agendas, agen- (B) as clauses (i) and (ii), respectively; minate not more than 180 days after the end (2) by inserting ‘‘(A)’’ after ‘‘(3)’’; and das that have no place in this critical of the war or declared national emergency. (3) by adding at the end the following: ‘‘(3) The President shall submit to the Con- debate. ‘‘(B)(i) The Secretary shall not designate gress, during the period of the war or na- I urge every Member of this House to as critical habitat any lands or other geo- tional emergency, an annual report on all ex- vote ‘‘no’’ on the previous question. graphical areas owned or controlled by the emptions granted under this subsection, to- This vote is a matter of fair play. Department of Defense, or designated for its gether with the reasons for granting such ex- Whether or not a Member supports the use, that are subject to an integrated nat- emptions.’’. Rahall/Dingell substitute, Members of ural resources management plan prepared Strike section 319 (page 64, line 8, through this body should support the right of under section 101 of the Sikes Act (16 U.S.C. page 65, line 15). other Members to be heard. There is no 670a), if the Secretary determines in writing Mr. MCGOVERN. Mr. Speaker, I yield that— rational reason why any Member of back the balance of my time. ‘‘(I) the management activities identified Mrs. MYRICK. Mr. Speaker, I yield this body should be denied the right to in the plan, for the term of the plan, are register his or her opinion on the alter- likely to provide conservation benefits for back the balance of my time, and I native position advocated by the gen- the species within the lands or areas covered move the previous question on the res- tleman from West Virginia (Mr. RA- by the plan; olution. HALL) and the gentleman from Michi- ‘‘(II) the plan provides assurances that ade- The SPEAKER pro tempore. The gan (Mr. DINGELL) and many, many, quate funding will be provided for the man- question is on ordering the previous many Members of this body. agement activities identified in the plan for question. I want to point out that a ‘‘no’’ vote the term of the plan; and The question was taken; and the will not stop the House taking up the ‘‘(III) the biological goals and objectives, Speaker pro tempore announced that monitoring provisions, and reporting re- the ayes appeared to have it. Department of Defense authorization. quirements provide reasonable certainty However, voting ‘‘yes’’ is a vote to shut that the implementation of the plan will be Mr. MCGOVERN. Mr. Speaker, I ob- out alternative points of view, a point effective to achieve the identified conserva- ject to the vote on the ground that a of view that happens to represent the tion benefits. quorum is not present and make the views of millions of Americans. I stand ‘‘(ii) Nothing in this paragraph affects the point of order that a quorum is not firmly in my belief that ensuring a requirement to consult under section 7(a)(2) present. strong national defense is one of the with respect to an agency action (as that The SPEAKER pro tempore. Evi- term is defined in that section). dently a quorum is not present. most important duties I have as a ‘‘(iii) Nothing in this paragraph affects the Member of Congress. But I also stand obligation of the Department of Defense to The Sergeant at Arms will notify ab- firmly in my belief that the United comply with section 9, including the prohibi- sent Members. States House of Representatives is sup- tion preventing extinction and taking of en- Pursuant to rule XX, this 15-minute posed to be a representative body. It is dangered species and threatened species.’’. vote on ordering the previous question not supposed to be an institution where (c) CONSIDERATION OF EFFECTS OF DESIGNA- on House Resolution 245 will be fol- the minority rights get shut out. Join TION OF CRITICAL HABITAT.—Section 4(b)(2) of lowed by 5-minute votes on adopting with me to bring back some democracy the Endangered Species Act of 1973 (16 U.S.C. the resolution, if ordered, and on ques- in this institution by allowing the 1533(b)(2)) is amended by inserting ‘‘the im- tions previously postponed with re- pact on national security,’’ after ‘‘the eco- House to debate and vote on the Ra- nomic impact,’’. spect to H.R. 1170 and H.R. 1911. hall/Dingell substitute. Strike section 318 (page 61, line 1, through The vote was taken by electronic de- Mr. Speaker, I ask unanimous con- page 64, line 7) and insert the following new vice, and there were—yeas 225, nays sent to insert the text of the amend- section: 203, not voting 6, as follows:

VerDate Jan 31 2003 02:42 May 22, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K21MY7.052 H21PT1 May 21, 2003 CONGRESSIONAL RECORD — HOUSE H4397 [Roll No. 201] Engel Lipinski Ross Blunt Graves Oxley Eshoo Lofgren Rothman Boehlert Green (WI) Paul YEAS—225 Etheridge Lowey Roybal-Allard Boehner Greenwood Pearce Aderholt Gerlach Osborne Evans Lucas (KY) Ruppersberger Bonilla Gutknecht Pence Akin Gibbons Ose Farr Lynch Rush Bonner Hall Petri Bachus Gilchrest Otter Fattah Majette Ryan (OH) Bono Harris Pickering Baker Gillmor Oxley Filner Maloney Sabo Boozman Hart Pitts Ballenger Gingrey Paul Ford Markey Sanchez, Linda Bradley (NH) Hastings (WA) Platts Frank (MA) Barrett (SC) Goode Pearce Marshall T. Brady (TX) Hayes Pombo Frost Matheson Bartlett (MD) Goodlatte Pence Sanchez, Loretta Brown (SC) Hayworth Porter Gonzalez Matsui Brown-Waite, Barton (TX) Goss Peterson (PA) Sanders Hensarling Portman Gordon McCarthy (MO) Ginny Herger Bass Granger Petri Sandlin Pryce (OH) Green (TX) McCarthy (NY) Burgess Hobson Putnam Beauprez Graves Pickering Schakowsky Grijalva McCollum Burns Hoekstra Quinn Bereuter Green (WI) Pitts Schiff Gutierrez McDermott Burr Hostettler Radanovich Biggert Greenwood Platts Scott (GA) Hall McGovern Burton (IN) Houghton Ramstad Bilirakis Gutknecht Pombo Scott (VA) Harman McIntyre Buyer Hulshof Regula Bishop (UT) Harris Porter Serrano Hastings (FL) McNulty Calvert Hunter Rehberg Blackburn Hart Portman Sherman Blunt Hill Meehan Camp Hyde Renzi Hastings (WA) Pryce (OH) Skelton Boehlert Hayes Hinchey Meek (FL) Cannon Isakson Reynolds Putnam Slaughter Boehner Hayworth Hinojosa Meeks (NY) Cantor Issa Rogers (AL) Quinn Smith (WA) Bonilla Hefley Hoeffel Menendez Capito Istook Rogers (KY) Radanovich Snyder Bonner Hensarling Holden Michaud Carter Janklow Rogers (MI) Ramstad Solis Bono Herger Holt Millender- Castle Jenkins Rohrabacher Regula Spratt Boozman Hobson Honda McDonald Chabot Johnson (CT) Ros-Lehtinen Rehberg Hooley (OR) Miller (NC) Stark Chocola Johnson (IL) Royce Bradley (NH) Hoekstra Stenholm Brady (TX) Hostettler Renzi Hoyer Miller, George Coble Johnson, Sam Ryan (WI) Reynolds Inslee Mollohan Strickland Cole Jones (NC) Ryun (KS) Brown (SC) Houghton Stupak Brown-Waite, Hulshof Rogers (AL) Israel Moore Collins Keller Saxton Tanner Ginny Hunter Rogers (KY) Jackson (IL) Moran (VA) Cox Kelly Schrock Tauscher Burgess Hyde Rogers (MI) Jackson-Lee Murtha Crane Kennedy (MN) Sensenbrenner Taylor (MS) Burns Isakson Rohrabacher (TX) Nadler Crenshaw King (IA) Sessions Thompson (CA) Burr Issa Ros-Lehtinen Jefferson Napolitano Cubin King (NY) Shadegg Thompson (MS) Burton (IN) Istook Royce John Neal (MA) Culberson Kingston Shaw Tierney Buyer Janklow Ryan (WI) Johnson, E. B. Oberstar Cunningham Kirk Shays Towns Calvert Jenkins Ryun (KS) Jones (OH) Obey Davis, Jo Ann Kline Shimkus Turner (TX) Camp Johnson (CT) Saxton Kanjorski Olver Davis, Tom Knollenberg Shuster Udall (CO) Cannon Johnson (IL) Schrock Kaptur Ortiz Deal (GA) Kolbe Simpson Udall (NM) Cantor Johnson, Sam Sensenbrenner Kennedy (RI) Owens DeLay LaHood Smith (MI) Van Hollen Capito Jones (NC) Sessions Kildee Pallone DeMint Latham Smith (NJ) Velazquez Carter Keller Shadegg Kilpatrick Pascrell Diaz-Balart, L. LaTourette Smith (TX) Visclosky Castle Kelly Shaw Kind Pastor Diaz-Balart, M. Leach Souder Waters Chabot Kennedy (MN) Shays Kleczka Payne Doolittle Lewis (CA) Stearns Watson Chocola King (IA) Shimkus Kucinich Pelosi Dreier Lewis (KY) Sullivan Watt Coble King (NY) Shuster Lampson Peterson (MN) Duncan Linder Sweeney Langevin Pomeroy Waxman Cole Kingston Simpson Dunn LoBiondo Tancredo Lantos Price (NC) Weiner Collins Kirk Smith (MI) Ehlers Lucas (OK) Tauzin Larsen (WA) Rahall Wexler Emerson Manzullo Combest Kline Smith (NJ) Taylor (NC) Larson (CT) Rangel Woolsey English McCotter Terry Crane Knollenberg Smith (TX) Lee Reyes Wu Everett McCrery Thomas Crenshaw Kolbe Souder Lewis (GA) Rodriguez Wynn Feeney McHugh Thornberry Cubin LaHood Stearns Ferguson McInnis Tiahrt Culberson Latham Sullivan NOT VOTING—6 Flake McKeon Tiberi Cunningham LaTourette Sweeney Becerra Gephardt Sherwood Fletcher Mica Toomey Davis, Jo Ann Leach Tancredo Cox Levin Simmons Foley Miller (FL) Turner (OH) Davis, Tom Lewis (CA) Tauzin Deal (GA) Lewis (KY) Forbes Miller (MI) Upton Taylor (NC) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE DeLay Linder Fossella Miller, Gary Vitter Terry DeMint LoBiondo The SPEAKER pro tempore (Mr. Franks (AZ) Moran (KS) Walden (OR) Thomas Diaz-Balart, L. Lucas (OK) Frelinghuysen Murphy Walsh Thornberry SWEENEY) (during the vote). The Chair Diaz-Balart, M. Manzullo Gallegly Musgrave Wamp Tiahrt Doolittle McCotter would inform Members that they have Garrett (NJ) Myrick Weldon (FL) Dreier McCrery Tiberi 2 minutes remaining. Gerlach Nethercutt Weldon (PA) Duncan McHugh Toomey Gibbons Ney Weller Dunn McInnis Turner (OH) Gilchrest Northup Whitfield Ehlers McKeon Upton b 1317 Gillmor Norwood Wicker Vitter Emerson Mica Messrs. JEFFERSON, ALEXANDER Gingrey Nunes Wilson (NM) English Miller (FL) Walden (OR) Goode Nussle Wilson (SC) Everett Miller (MI) Walsh and POMEROY changed their vote Goodlatte Osborne Wolf Feeney Miller, Gary Wamp from ‘‘yea’’ to ‘‘nay.’’ Goss Ose Young (AK) Ferguson Moran (KS) Weldon (FL) So the previous question was ordered. Granger Otter Young (FL) Flake Murphy Weldon (PA) Fletcher Musgrave Weller The result of the vote was announced NOES—200 Whitfield as above recorded. Foley Myrick Abercrombie Carson (OK) Eshoo Wicker Forbes Nethercutt The SPEAKER pro tempore. The Ackerman Case Etheridge Wilson (NM) Fossella Ney question is on the resolution. Alexander Clay Evans Wilson (SC) Franks (AZ) Northup Allen Clyburn Farr Wolf The question was taken; and the Frelinghuysen Norwood Andrews Cooper Fattah Young (AK) Gallegly Nunes Speaker pro tempore announced that Baca Costello Filner Young (FL) Garrett (NJ) Nussle the ayes appeared to have it. Baird Cramer Ford RECORDED VOTE Baldwin Crowley Frank (MA) NAYS—203 Ballance Cummings Frost Abercrombie Boyd Cummings Mr. MCGOVERN. Mr. Speaker, I de- Bell Davis (AL) Gonzalez Ackerman Brady (PA) Davis (AL) mand a recorded vote. Berkley Davis (CA) Gordon Alexander Brown (OH) Davis (CA) A recorded vote was ordered. Berman Davis (FL) Green (TX) Allen Brown, Corrine Davis (FL) Berry Davis (IL) Grijalva Andrews Capps Davis (IL) The SPEAKER pro tempore. This Bishop (GA) Davis (TN) Gutierrez Baca Capuano Davis (TN) will be a 5-minute vote. Bishop (NY) DeFazio Harman Baird Cardin DeFazio The vote was taken by electronic de- Blumenauer DeGette Hastings (FL) Baldwin Cardoza DeGette vice, and there were—ayes 224, noes 200, Boswell Delahunt Hill Ballance Carson (IN) Delahunt Boucher DeLauro Hinchey Bell Carson (OK) DeLauro not voting 10, as follows: Boyd Deutsch Hinojosa Berkley Case Deutsch [Roll No. 202] Brady (PA) Dicks Hoeffel Berman Clay Dicks Brown (OH) Dingell Holden Berry Clyburn Dingell AYES—224 Brown, Corrine Doggett Holt Bishop (GA) Conyers Doggett Aderholt Barrett (SC) Bereuter Capps Dooley (CA) Honda Bishop (NY) Cooper Dooley (CA) Akin Bartlett (MD) Biggert Capuano Doyle Hooley (OR) Blumenauer Costello Doyle Bachus Barton (TX) Bilirakis Cardin Edwards Hoyer Boswell Cramer Edwards Baker Bass Bishop (UT) Cardoza Emanuel Inslee Boucher Crowley Emanuel Ballenger Beauprez Blackburn Carson (IN) Engel Israel

VerDate Jan 31 2003 01:23 May 22, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A21MY7.007 H21PT1 H4398 CONGRESSIONAL RECORD — HOUSE May 21, 2003 Jackson (IL) Meek (FL) Sanchez, Loretta Biggert Farr Lampson Rahall Serrano Tiahrt Jackson-Lee Meeks (NY) Sanders Bilirakis Fattah Langevin Ramstad Sessions Tiberi (TX) Menendez Sandlin Bishop (GA) Feeney Lantos Rangel Shadegg Tierney Jefferson Michaud Schakowsky Bishop (NY) Ferguson Larsen (WA) Regula Shaw Toomey John Millender- Schiff Bishop (UT) Filner Larson (CT) Rehberg Shays Towns Johnson, E. B. McDonald Scott (GA) Blackburn Flake Latham Renzi Sherman Turner (OH) Jones (OH) Miller (NC) Scott (VA) Blumenauer Fletcher LaTourette Reyes Sherwood Turner (TX) Kanjorski Miller, George Serrano Blunt Foley Leach Reynolds Shimkus Udall (CO) Kaptur Mollohan Sherman Boehlert Forbes Lee Rodriguez Shuster Udall (NM) Kennedy (RI) Moore Skelton Boehner Ford Lewis (CA) Rogers (AL) Simpson Upton Kildee Moran (VA) Slaughter Bonilla Fossella Lewis (GA) Rogers (KY) Skelton Van Hollen Kilpatrick Murtha Smith (WA) Bonner Frank (MA) Lewis (KY) Rogers (MI) Slaughter Velazquez Kind Nadler Snyder Bono Franks (AZ) Linder Rohrabacher Smith (MI) Visclosky Kleczka Napolitano Solis Boozman Frelinghuysen Lipinski Ros-Lehtinen Smith (TX) Vitter Kucinich Neal (MA) Spratt Boswell Frost LoBiondo Ross Smith (WA) Walden (OR) Lampson Oberstar Stark Boucher Gallegly Lofgren Rothman Snyder Walsh Langevin Obey Roybal-Allard Solis Wamp Stenholm Boyd Garrett (NJ) Lowey Lantos Olver Royce Souder Waters Strickland Bradley (NH) Gerlach Lucas (KY) Larsen (WA) Ortiz Ruppersberger Stark Watson Stupak Brady (PA) Gibbons Lucas (OK) Larson (CT) Owens Rush Stearns Watt Tanner Brady (TX) Gilchrest Lynch Lee Pallone Ryan (OH) Stenholm Waxman Tauscher Brown (OH) Gillmor Majette Lewis (GA) Pascrell Brown (SC) Gingrey Maloney Ryan (WI) Strickland Weiner Lipinski Pastor Taylor (MS) Ryun (KS) Stupak Weldon (FL) Thompson (CA) Brown, Corrine Gonzalez Manzullo Lofgren Payne Brown-Waite, Goode Markey Sabo Sullivan Weldon (PA) Lowey Pelosi Thompson (MS) Sanchez, Linda Sweeney Weller Tierney Ginny Goodlatte Marshall Lucas (KY) Peterson (MN) Burgess Gordon Matheson T. Tancredo Wexler Lynch Pomeroy Towns Sanchez, Loretta Tanner Whitfield Turner (TX) Burns Goss Matsui Majette Price (NC) Burr Granger McCarthy (MO) Sanders Tauscher Wicker Maloney Rahall Udall (CO) Sandlin Tauzin Wilson (NM) Udall (NM) Burton (IN) Graves McCarthy (NY) Markey Rangel Buyer Saxton Taylor (MS) Wilson (SC) Van Hollen Green (TX) McCollum Marshall Reyes Calvert Green (WI) McCotter Schakowsky Taylor (NC) Wolf Matheson Velazquez Rodriguez Camp Greenwood McCrery Schiff Terry Woolsey Matsui Ross Visclosky Schrock Thomas Cannon Grijalva McDermott Wu McCarthy (MO) Rothman Waters Scott (GA) Thompson (CA) Wynn Cantor Gutierrez McGovern McCarthy (NY) Roybal-Allard Watt Scott (VA) Thompson (MS) Young (AK) Capito Gutknecht McHugh McCollum Ruppersberger Waxman Sensenbrenner Thornberry Young (FL) Capps Hall McIntyre McDermott Rush Weiner Capuano Harman McKeon McGovern Ryan (OH) Wexler NAYS—1 Cardin Harris McNulty McIntyre Sabo Woolsey Cardoza Hart Meehan Davis (CA) McNulty Sanchez, Linda Wu Carson (IN) Hastings (FL) Meek (FL) Meehan T. Wynn NOT VOTING—8 Carson (OK) Hastings (WA) Meeks (NY) NOT VOTING—10 Carter Hayes Menendez Becerra McInnis Smith (NJ) Case Hayworth Mica Gephardt Peterson (PA) Spratt Becerra Hefley Simmons Castle Hefley Michaud Levin Simmons Combest Levin Watson Chabot Hensarling Millender- Conyers Peterson (PA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Chocola Herger McDonald Gephardt Sherwood Clay Hill Miller (FL) The SPEAKER pro tempore (Mr. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Clyburn Hinchey Miller (MI) SWEENEY) (during the vote). The Chair Coble Hinojosa Miller (NC) wishes to inform Members they have The SPEAKER pro tempore (during Cole Hobson Miller, Gary the vote). Members are advised there Collins Hoeffel Miller, George less than 2 minutes remaining on this are 2 minutes remaining to vote. Combest Hoekstra Mollohan vote. Conyers Holden Moore b 1324 Cooper Holt Moran (KS) b 1331 Costello Honda Moran (VA) So the resolution was agreed to. Cox Hooley (OR) Murphy So (two-thirds having voted in favor The result of the vote was announced Cramer Hostettler Murtha thereof) the rules were suspended and Crane Houghton Musgrave the bill, as amended, was passed. as above recorded. Crenshaw Hoyer Myrick A motion to reconsider was laid on Crowley Hulshof Nadler The result of the vote was announced the table. Cubin Hunter Napolitano as above recorded. Culberson Hyde Neal (MA) The title was amended so as to read: f Cummings Inslee Nethercutt ‘‘A bill to protect children and their par- Cunningham Isakson Ney ents from being coerced into administering a CHILD MEDICATION SAFETY ACT Davis (AL) Israel Northup Davis (FL) Issa Norwood controlled substance in order to attend OF 2003 Davis (IL) Istook Nunes school, and for other purposes.’’. The SPEAKER pro tempore. The Davis (TN) Jackson (IL) Nussle A motion to reconsider was laid on Davis, Jo Ann Jackson-Lee Oberstar pending business is the question of sus- Davis, Tom (TX) Obey the table. pending the rules and passing the bill, Deal (GA) Janklow Olver H.R. 1170, as amended. DeFazio Jefferson Ortiz f The Clerk read the title of the bill. DeGette Jenkins Osborne Delahunt John Ose ENHANCING COOPERATION AND The SPEAKER pro tempore. The DeLauro Johnson (CT) Otter SHARING OF RESOURCES BE- DeLay Johnson (IL) Owens question is on the motion offered by TWEEN DEPARTMENT OF VET- the gentleman from Georgia (Mr. DeMint Johnson, E. B. Oxley Deutsch Johnson, Sam Pallone ERANS AFFAIRS AND DEPART- BURNS) that the House suspend the Diaz-Balart, L. Jones (NC) Pascrell MENT OF DEFENSE rules and pass the bill, H.R. 1170, as Diaz-Balart, M. Jones (OH) Pastor amended, on which the yeas and nays Dicks Kanjorski Paul The SPEAKER pro tempore. The Dingell Kaptur Payne pending business is the question of sus- are ordered. Doggett Keller Pearce This will be a 5-minute vote. Dooley (CA) Kelly Pelosi pending the rules and passing the bill, The vote was taken by electronic de- Doolittle Kennedy (MN) Pence H.R. 1911. vice, and there were—yeas 425, nays 1, Doyle Kennedy (RI) Peterson (MN) The Clerk read the title of the bill. Dreier Kildee Petri The SPEAKER pro tempore. The not voting 8, as follows: Duncan Kilpatrick Pickering [Roll No. 203] Dunn Kind Pitts question is on the motion offered by Edwards King (IA) Platts the gentleman from Arkansas (Mr. YEAS—425 Ehlers King (NY) Pombo BOOZMAN) that the House suspend the Abercrombie Bachus Barton (TX) Emanuel Kingston Pomeroy Ackerman Baird Bass Emerson Kirk Porter rules and pass the bill, H.R. 1911, on Aderholt Baker Beauprez Engel Kleczka Portman which the yeas and nays are ordered. Akin Baldwin Bell English Kline Price (NC) This is a 5-minute vote. Alexander Ballance Bereuter Eshoo Knollenberg Pryce (OH) The vote was taken by electronic de- Allen Ballenger Berkley Etheridge Kolbe Putnam Andrews Barrett (SC) Berman Evans Kucinich Quinn vice, and there were—yeas 426, nays 0, Baca Bartlett (MD) Berry Everett LaHood Radanovich not voting 8, as follows:

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