Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 107 CONGRESS, SECOND SESSION

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E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, TUESDAY, JULY 23, 2002 No. 101—Part II House of Representatives b 1400 The SPEAKER pro tempore. Is there for the Defense Department, including objection to the request of the gen- additional funds for the call-up of the CONFERENCE REPORT ON H.R. 4775, tleman from Florida? 2002 SUPPLEMENTAL APPROPRIA- Guard and Reserves as they were called There was no objection. to active duty to respond to September TIONS ACT FOR FURTHER RE- Mr. YOUNG of Florida. Mr. Speaker, COVERY FROM AND RESPONSE 11; $6.7 billion is for homeland security I yield myself such time as I may con- requirements; $2.1 billion is for foreign TO TERRORIST ATTACKS ON THE sume. assistance and embassy security pro- UNITED STATES Mr. Speaker, I am pleased to bring to grams; and $5.5 billion is to further Mr. YOUNG of Florida. Mr. Speaker, the House the conference report on the pursuant to a previous order of the 2002 supplemental appropriations bill. support recovery in New York. House, I call up the conference report This is a war-time supplemental to add The bill also includes $1 billion in to accompany the bill (H.R. 4775) mak- further to our efforts to respond to the funds to avert the estimated shortfalls ing supplemental appropriations for terrorist attacks on September 11, to in the Pell Grant student aid program. further recovery from and response to provide necessary funding to pursue It includes $417 million for veterans’ terrorist attacks on the United States the al Qaeda, to secure America, and to medical care, $205 million for Amtrak, for the fiscal year ending September 30, support further recovery from the vi- $400 million for programs and activities 2002, and for other purposes. cious attack on September 11 of last to improve general election adminis- The Clerk read the title of the bill. year. tration in our country, and $100 million The SPEAKER pro tempore (Mr. On May 24, almost 2 months ago, the to begin to address the need to respond SIMPSON). Pursuant to the order of the House passed this version of this sup- to floods and the tremendous fires that House of Monday, July 22, 2002, the plemental by a vote of 280 to 138. Two our Nation has experienced and is still conference report is considered as hav- weeks later, the Senate passed its experiencing. ing been read. version of the bill. Over the past month (For conference report and state- and a half, we have worked diligently The committee has identified $3 bil- ment, see proceedings of the House of to address the differences in the House lion in offsets to help pay for much of July 19, 2002 at page H 4935.) and Senate bills. The agreement being the new spending contained in the bill. The SPEAKER pro tempore. The gen- presented here to the House today is a These offsets are real, they are actual tleman from Florida (Mr. YOUNG) and fair bill that provides the funding that offsets; they are not smoke and mir- the gentleman from Wisconsin (Mr. President Bush has requested as he rors. OBEY) each will control 30 minutes. leads our Nation against terrorism. The Chair recognizes the gentleman Mr. Speaker, this is a tremendously It is a good bill, and I hope we can from Florida (Mr. YOUNG). important bill, and I would again like get it to the President’s desk as soon GENERAL LEAVE to state that this is a wartime supple- as possible so that our soldiers, our Mr. YOUNG of Florida. Mr. Speaker, mental appropriations bill. It provides diplomats, our law enforcement, and I ask unanimous consent that all Mem- money for our troops, our intelligence our intelligence officers can have the bers may have 5 legislative days within community, our safety and security, resources they need to protect our which to revise and extend their re- the victims of New York, and to pro- country from future attacks. At this marks on the conference report accom- mote U.S. foreign policy. point in the RECORD I will insert a panying H.R. 4775, and that I may in- The bill totals $28.9 billion in discre- table identifying the details of the con- clude tabular and extraneous material. tionary spending; $15 billion of that is ference report.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Jul 19 2002 18:57 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.075 pfrm17 PsN: H23PT2 Insert offset folio 340/17 here EH2302.017 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5219 Mr. YOUNG of Florida. Mr. Speaker, have to, in fact, demobilize the Guard quested. I respectfully disagree. The I would like to extend a statement of and Reserve forces until they can be re- agency is so far behind in its own hir- appreciation to the gentleman from placed in sensitive areas by adequately ing goals, there should be little doubt Wisconsin (Mr. OBEY), who has worked trained personnel to deal with terrorist that fewer resources are needed to get along with us through these last sev- threats facing the country. them through fiscal year 2002. OMB eral months in trying to bring this con- Mr. Speaker, I reserve the balance of even offered up some of this money. ference report to conclusion. There my time. Maybe they know the agency has not were differences, as anyone might ex- Mr. YOUNG of Florida. Mr. Speaker, been the best steward of the monies we pect. We did finally work out those dif- I yield 41⁄2 minutes to the distinguished have already provided for this year, ferences. I expect we could find some gentleman from Kentucky (Mr. ROG- several billions of dollars, offering law controversy here in this bill; I think we ERS), the chairman of the Sub- enforcement personnel salaries that could find areas that I do not agree committee on Transportation. are higher than necessary, allowing ex- with and areas that the gentleman (Mr. ROGERS of Kentucky asked and cessive overhead charges on the exist- from Wisconsin (Mr. OBEY) does not was given permission to revise and ex- ing screener contracts, and not moni- agree with. But, nevertheless, this is a tend his remarks.) toring those charges and refusing to good work product as we dealt with the Mr. ROGERS of Kentucky. Mr. move out quickly on new technology, many different institutions and prin- Speaker, this bill contains $3.85 billion such as metal detectors, which would cipals who were involved in bringing to continue operations and activities of reduce the staffing need dramatically this bill to conclusion. the Transportation Security Adminis- at the check-out points at airports. Mr. Speaker, I reserve the balance of tration for the remainder of fiscal year Just this morning, the DOT Inspector my time. 2002. I am pleased to report that this is General testified that ‘‘Controls over Mr. OBEY. Mr. Speaker, I yield my- the same level as approved by the the existing security screener con- self 3 minutes. House in its version of the supple- tracts were lacking, and that improve- Mr. Speaker, I think there are a mental. The Senate wanted almost $1 ments were drastically needed.’’ number of items in this bill which billion more for this start-up agency Until they straighten out these prob- Members ought to know about. This compared to the House level, with no lems, they do not need more money. bill, for instance, has $13 million in the limit on staffing, and we held the line This bill provides adequate funding conference report for safety of im- against that proposal. Members should for TSA to get through the next 10 ported meat and poultry above the know that we have upheld the position weeks. It deletes unnecessary funds amount recommended by the Presi- of the House in this agreement, and it and encourages them to look much dent. We have $17 million above the is adequate. more carefully at how they are spend- amount recommended by the President The Department of Transportation ing our money. We will not give them for bioterrorism responsibilities of the has raised objections to specific secu- money for salaries that are outside the Food and Drug Administration. We rity items in this bill. What are they norm for similar Federal activities. We have $37 million above the President’s objecting to? will not give them money for wasteful request for the Marshals Service to They are objecting to funds for air- overhead charges on Federal contracts, safeguard U.S. Federal courts. We have port modifications to ensure the timely and we will not give them money to $165 million above the President’s re- installation of explosive detection sys- hire a standing army of almost 70,000 quest for the FBI to provide, among tems, an additional $225 million, for a people to take off your shoes, check other things, additional analysts to in- total of $738 million. This will lessen your briefcase three times, and perform crease the FBI’s ability to process and the likelihood of chaos later this year intensive checks of white-haired grand- disseminate counterterrorism informa- when bomb detection machines are de- mothers in wheelchairs and babes in tion. We have $78 million more for the livered and installed in airports. arms. If the Department of Transpor- Immigration and Naturalization Serv- They are objecting to grants to im- tation does not understand this by ice, including $25 million for analysis prove port security, an issue of great now, this bill should help them get to help find, arrest, and deport high- vulnerability, $125 million. that message. risk, undocumented immigrants in the They are objecting to systems for air Mr. OBEY. Mr. Speaker, I yield 11⁄2 United States. We doubled the Presi- marshals to communicate with the pi- minutes to the gentleman from New dent’s request for the Securities and lots and officials on the ground, $15 Jersey (Mr. PASCRELL). Exchange Commission, and we try to million. Mr. PASCRELL. Mr. Speaker, I want provide additional funds for staff and They are objecting to funds to ad- to congratulate the chairman and the pay parity in information technology, dress airport terminal security, a crit- ranking member for bringing us to- improvements for that agency so that ical issue, since the attack on El Al in gether on this supplemental. I support they can be more effective in dealing Los Angeles a few weeks ago, $17 mil- it. with some of the accusations of cor- lion. Today’s bill, Mr. Speaker, includes porate fraud that are now flooding the And they are objecting to funds for an additional $150 million for the as- country and ruining its markets. immediate replacement of the outdated sistance to the Firefighters Grant Pro- We have a number of other items in metal detectors at all commercial air- gram. This is part of homeland secu- the bill as well, which I would be happy ports, $23 million. rity, defending the homeland. This to comment on if any Members have With additions like these, we have brings the amount of money we will individual questions about it. improved upon the administration’s re- give to fire departments around the Let me simply say there is nothing in quest in modest ways, and provided the country up to $510 million for fiscal this bill that anyone is going to be means for TSA to work smarter. The year 2003. very thrilled about, because it is the bill also caps TSA’s full-time perma- This is personal for me, Mr. Speaker. product of a long compromise process, nent staffing to no more than 45,000 On May 9 of last year, Alberto Birado, but it is a reasonable package, and I people. My subcommittee’s review of a firefighter for the City of Passaic, think the most important thing we can the TSA plan points to well over 12,000 died in the line of duty during the pri- say about it is that we simply need to positions that should be reevaluated. mary search of a building on fire. He get on with it and get this down to the In fact, in a recent hearing, the head of died because his Self-Contained President. the agency gave me his commitment to Breathing Apparatus ran out of air. This bill also includes a fix of the eliminate many of these positions such Just last week, the Passaic Fire De- problem that we faced with respect to as ‘‘ticket checkers’’ and ‘‘customer partment was awarded a grant to pur- a dip in highway funding and support service representatives.’’ TSA is build- chase more SCBAs and spare air cyl- to States because of the anomaly in ing a huge bureaucracy, and this bill inders. Features of these additional the ISTEA highway distribution for- helps bring that process under control. cylinders will hopefully prevent all mula, and we provide sufficient money; The Secretary of Transportation tes- other unnecessary deaths. This is what unlike the White House, we provide tified earlier today that TSA needs the Firefighters Grant Program is all sufficient monies so that we do not every penny of the amount they re- about.

VerDate Jul 19 2002 18:57 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.076 pfrm17 PsN: H23PT2 H5220 CONGRESSIONAL RECORD — HOUSE July 23, 2002 The attacks on September 11 taught administration letters dated Sep- tions. Because there is no specific enumera- us many lessons. One of those is the tember 25, 2001, promising the adminis- tion in the Constitution of the President’s au- importance of firefighters to the public tration’s full support for enactment of thority to conduct foreign policy, this authority safety equation and, indeed, to home- this agreed language. I am pleased that is encompassed textually within the executive land security. We had to scrape and beg the conference report includes the lan- power vested in the President by article II, to get $100 million last year in the guage we agreed on last September section 1 of the Constitution. emergency spending bill. with only one nonsubstantive addition There are two sections of our legislation that The leadership told us they did not that I will describe in a few minutes. restrict United States interaction with the Inter- believe us when we said the fire serv- Mr. YOUNG of Florida. Mr. Speaker, national Criminal Court and which therefore, in ices needed the money desperately. In I note that one provision of this agreed the view of the Administration, could possibly one year, we have gone from $100 mil- language, which appears as section 2011 come into conflict with the exercise of the lion funding to half a billion dollars. of the conference report, is particularly President’s constitutional authority as Com- We still have a long way to go. There complicated. And I would hope that the mander in Chief and his authority to conduct are over 20,000 applications to FEMA in gentleman could draw on his back- foreign policy as chief executive. These sec- the second year of this program with ground as the former chairman of our tions appear as sections 2004 and 2006 of the requests totaling over $2.2 billion. Committee on the Judiciary, as well as conference report. Trust me. We will be hearing from all his current position as chairman of our To ensure that sections 2004 and 2006 will of these fire departments in Members’ Committee on International Relations, never operate to prohibit the President from districts around this country. The odds to explain to our colleagues the pur- taking an action that he is empowered under are that all of us have a few fire de- pose of section 2011. the Constitution to take and that Congress is partments at home that will not get a Mr. HYDE. I thank the chairman. I without power to prohibit, we developed the grant this year because there was not would be pleased to explain the purpose ‘‘exercise of constitutional authorities’’ excep- enough money to go around. of section 2011. tion set forth in section 2011 of the conference Mr. YOUNG of Florida. Mr. Speaker, report. b 1415 does the gentleman know if all other The Committee on International Relations I know our contribution to this wor- Members of Congress agree with the in- has approved a lot of legislation over the thy cause will continue to rise as each terpretation that he has provided of years containing presidential waiver provi- of us hears from our constituents. the language negotiated with the ad- sions. The ‘‘exercise of constitutional authori- Mr. YOUNG of Florida. Mr. Speaker, ministration? ties’’ exception contained in section 2011 is I yield 3 minutes to the very distin- Mr. HYDE. Mr. Speaker, obviously I very different from these other waiver provi- guished gentleman from Illinois (Mr. cannot read the minds of all of our col- sions. HYDE). leagues, but I do know that the gen- The other waiver provisions give the Presi- Mr. HYDE. Mr. Speaker, I rise to en- tleman from Texas (Mr. DELAY), Sen- dent, or some other official of the Executive gage in a colloquy with the chairman ator HELMS and I were the only three branch, the authority to ‘‘waive’’ an otherwise of the Committee on Appropriations. members actively involved in negoti- applicable prohibition or restriction. Typically, Mr. YOUNG of Florida. Mr. Speaker, ating the language of sections 2004, 2006 the President or other official must first deter- will the gentleman yield? and 2011 with the administration. I mine that a particular standard set forth in the Mr. HYDE. I yield to the gentleman have accurately described our under- waiver provision is satisfied. Common exam- from Florida. standing of how these sections would ples are requirements that he find that exer- Mr. YOUNG of Florida. Mr. Speaker, work together, what our intention was, cising the waiver is ‘‘in the national interest,’’ I am pleased that we were joined by the and what we understood the adminis- ‘‘important to the national interest,’’ or ‘‘vital to gentleman from Illinois (Mr. HYDE), tration’s understanding and intention the national interest.’’ Whatever the waiver chairman of the Committee on Inter- to be. I suppose that someone else standard, the idea is that the President or national Relations, which is the com- could try to project onto these sections other official is invited to sue his judgment, mittee of the House with legislative ju- a different intention, but they would be and if he judges that the facts permit him to risdiction over the American doing precisely that, projecting onto determine that the wavier standard is satisfied, Servicemembers’ Protection Act. This them a new meaning that was never in- he can then exercise the wavier, which has legislation appears as title II of this tended by those of us who were in- the effect of rendering the prohibition or re- conference report. I would like to ask volved in drafting and refining them. striction inapplicable with respect to the action the gentleman to explain the back- Mr. YOUNG of Florida. Mr. Speaker, that he wishes to take or direct. ground of this legislation and describe I want to thank the gentleman from Il- The ‘‘exercise of constitutional authorities’’ how some of its provisions are intended linois (Mr. HYDE) for providing clarity exception contained in section 2011 is very to work. to this rather complicated and impor- different. Section 2011 does not turn on fac- Mr. HYDE. I thank the gentleman. tant title of this conference report. tual judgments made by the President. Rather, The gentleman from Texas (Mr. Mr. HYDE. Mr. Speaker, my state- it turns on the parameters of the President’s DELAY) and I first introduced the ment on the American authority under the Constitution. What it says, American Servicemembers’ Protection Servicemembers’ Protection Act is as in effect, is that Congress has not prohibited Act as H.R. 4654 on June 14, 2000, and follows: anything under sections 2004 and 2006 that reintroduced it in the 107th Congress as When Congressman DELAY, Senator HELMS, Congress is without constitutional authority to H.R. 1794. On May 10, 2001, the House of and I sat down with representatives of the prohibit. Representatives adopted the text of our Bush Administration to discuss the American The intent of Congress in sections 2004 and legislation as a floor amendment to an- Servicemembers’ Protection Act, it quickly 2006 could not be clearer. Congress wishes to other bill, H.R. 1646. The gentleman emerged that the Administration’s principal prohibit any form of assistance to, or coopera- from Texas (Mr. DELAY) and I there- concern with the legislation was the belief that tion with, the International Criminal Court. We after entered into negotiations with a few of its restrictions on United States inter- wish to impose such a prohibition to the fullest representatives of the Bush adminis- action with the International Criminal Court extent of our ability under the Constitution to tration in an effort to agree on a could, in certain improbable circumstances, do so. To the extent that certain forms of inter- version of the American interfere with the exercise of authorities vested action with the International Criminal Court are Servicemembers’ Protection Act that in the President by the Constitution. The con- subject to the shared responsibility of Con- the Bush administration could support. stitutional authorities that they saw as possibly gress and the President under the Constitu- We were joined in these negotiations conflicting with the legislation were the presi- tion, Congress has the constitutional authority by Senator HELMS, the lead sponsor of dent’s authority as Commander in Chief of the to forbid those forms of interaction, and in sec- the Senate companion bill. Armed Forces of the United States under arti- tions 2004 and 2006 we exercise that author- After many months of detailed dis- cle II, section 2 of the Constitution, and the ity to forbid such interaction. However, we rec- cussions, we reached an agreement on President’s constitutional authority with respect ognize that there may be forms of interaction language last September, and Senator to the conduct of foreign policy, in particular that are the exclusive authority of the Presi- HELMS, the gentleman from Texas (Mr. his authority to exchange information with for- dent under the Constitution, which Congress DELAY) and I each received from the eign governments and international organiza- constitutionally is without authority to prohibit.

VerDate Jul 19 2002 18:57 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 9920 E:\CR\FM\K23JY7.079 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5221 Accordingly, with respect to those forms of tion of U.S. Government property. Subsections national Criminal Court, including by the interaction, section 2011 provides a mecha- (e) and (f) of section 2004 represent an exer- United States Armed Forces. But we recog- nism for ensuring that sections 2004 and 2006 cise of this plenary authority. The intention of nize that at a certain level this prohibition may do not constrain the President in ways that, as Congress is to prohibit any direct or indirect come into conflict with the President’s author- a matter of constitutional law, he may not be provision by the U.S. Government to the Inter- ity to command our Armed Forces, and in constrained by Congress. national Criminal Court of appropriated funds, such a case, section 2011 would ensure that To put the matter differently, it is the inten- U.S. Government property, or services pro- the President is not unconstitutionally con- tion of Congress that the ‘‘exercise of constitu- vided utilizing appropriated funds. There may strained. tional authorities’’ exception in this legislation be very limited circumstances in which the Another circumstance where the President shall only be available in those instances President may rely on section 2011 to direct may be able to rely on section 2011 concerns where the President’s lawyers could in good the provision of services to the International the provision of information controlled by the faith write a legal opinion concluding that ap- Criminal Court notwithstanding the prohibitions President to foreign governments and to inter- plication of the prohibitions of sections 2004 or of subsections (e) and (f) of section 2004, for national organizations, including the Inter- 2006 to a proposed action by the President example, services provided by the United national Criminal Court. To the degree the would be unconstitutional. It is not good States Armed Forces pursuant to an exercise President has inherent constitutional authority enough that the prohibitions of sections 2004 of the President’s authority as Commander in to provide such information to foreign govern- or 2006 conflict with what the President judges Chief. But in the absence of an exercise of a ments and international organizations, conflicts to be in the national interest, or that they inter- constitutional authority vested exclusively in could arise between this authority and the pro- fere with the foreign policy that he would like the President—such as the Commander in hibitions of section 2004(e) and section 2006. to conduct. The prohibitions must actually be Chief authority—the prohibitions of these sub- In the case of such a conflict, the President unconstitutional if applied to the proposed ac- sections prohibit the provision of the kinds of could rely on section 2011 to provide information. This is the meaning of the term ‘‘action support to which they apply, and the exception tion in the exercise of his constitutional author- . . . taken or directed by the President . . . in set forth in section 2011 is not available to ity without violating the letter of the statute. the exercise of the President’s authority as permit an action by the President in con- I am not aware of other circumstances Commander in Chief of the Armed Forces travention of these sections. where the President could rely on section . . . or in the exercise of the executive power A third category of prohibitions that cannot 2011 to take or direct actions otherwise pro- ...’’ The action by the President, in con- be overcome under section 2011 is those re- hibited under section 2004 and 2006, and we travention of the prohibitions set forth in sec- lating to the exercise of functions not vested in pressed the Administration very hard on this tions 2004 or 2006, must actually be an exer- the Executive branch of the United States point in our negotiations. These were only ex- cise by him of constitutional authority to take Government. The President has no inherent amples they gave us of situations where the an action that Congress is without authority to constitutional authority to direct or control the prohibitions of sections 2004 and 2006 could prohibit. operations of state and local governments. come into conflict with the President’s con- We understand that many, if not most, ac- Nor does he have any inherent constitutional stitutional prerogatives. In order to address tions by the President involve, to some degree authority to direct or control the operations of this concern, we developed the mechanism or another, an exercise of some constitutional the judicial branch of the federal government, contained in section 2011. Section 2011 is authority. But that is not the kind of constitu- much less the judicial functions of state and narrowly tailored to be available only in cases tional authority to which section 2011 refers. local governments. Accordingly, the President where there is such a conflict exists. In other Section 2011 refers to an exercise of the kind may not rely on section 2011 to direct state cases where the prohibitions of the legislation of constitutional authority necessary to over- and local governments. Accordingly, the Presi- are merely inconvenient, or in conflict with the come a statutory prohibition on the taking of a dent may not rely on section 2011 to direct President’s preferred foreign policy, section particular action. That kind of constitutional au- state and local governments to take actions 2011 is not available to permit the President to thority exists only with respect to statutory pro- prohibited under subsections (b), (d) and (e) of take or direct actions prohibited by section hibitions that Congress is without constitutional section 2004, or to authorize such govern- 2004 or 2006. authority to impose in the first place. ments to take such actions notwithstanding Another feature of section 2011 is that, by This means, as a practical matter, that most the prohibitions of these subsections. Simi- its terms, it can be invoked by the President of the prohibitions in section 2004 are beyond larly, the President may not rely on section only on a ‘‘case-by-case basis’’. In using this the reach of the exception set forth in section 2011 to direct federal, state, or local courts to term, we were mindful of the way that the ex- 2011. This is because most of them do not re- take actions prohibited under subsections (b), isting United Nations war crimes tribunals for strict the exercise of any authority vested ex- (d), (e) and (f) of section 2004, or to authorize Yugoslavia and Rwanda have gone about clusively in the President by the Constitution. such courts to take such actions notwith- their work. those tribunals have developed A clear example is section 2004(d), which standing the prohibitions of these subsections. separate cases against suspected war crimi- prohibits the extradition of any person from the The explanation is very simply. Because the nals. Usually these cases involve a single de- United States to the International Criminal exercise of functions by state and local gov- fendant, though sometimes a case will have Court. The Supreme Court ruled in the case of ernments and by federal, state, and local multiple defendants who were involved in the Valentine v. United States in 1936 that the courts is by design beyond the inherent con- same specific incident. we intend the term President has no inherent constitutional au- stitutional authority of the President, there is ‘‘case’’ in section 2011 to have the same thority to extradite persons to foreign jurisdic- no constitutional authority that the President meaning that it has in current usage at the tions. To the contrary, the Supreme Court can exercise under section 2011 to overcome Yugoslavia and Rwanda tribunals. Yugoslavia ruled that it is unconstitutional for the Presi- prohibitions that this legislation applies to such and Rwanda are not ‘‘cases’’ before those tri- dent to extradite persons in the absence of an governments and courts. bunals. Rather, the prosecutions of individual extradition treaty or a statute authorizing extra- This does not mean that section 2011 is of named persons are the ‘‘cases’’ pending be- dition to the foreign jurisdiction in question. no practical use to the President. In our nego- fore these tribunals. This can be verified by Because there is no treaty or statute author- tiations with the Administration we discussed a simply looking at the web sites of these two izing the extradition of persons to the Inter- number of circumstances where the President tribunals. national Criminal Court, the President could would be able to rely on section 2011 to direct Before closing, I wish to comment on the ef- not rely on section 2011 to extradite a person actions plainly prohibited in the first instance fect of the addition by the Senate to this legis- to the International Criminal Court in con- by the language of sections 2004 or 2006. lation of the language appearing as section travention of section 2004(d). This point is un- I have already mentioned one such cir- 2015. That section was not part of language derscored by section 2011(c), which makes cumstance, and that is actions by the United we negotiated with the Administration. But it clear that section 2011 grants no statutory au- States Armed Forces directed by the Presi- does not in any way vitiate the restrictions on thority to the President to take any action. dent in the exercise of his constitutional au- cooperation with the International Criminal Another category of prohibitions that cannot thority as Commander in Chief. An example Court set forth in sections 2004 and 2006. be overcome under section 2011 is those re- we discussed in our negotiations was a deci- Section 2015 simply reiterates that this legisla- lating to the provision by the U.S. Government sion by the President to facilitate the transfer tion does not apply to international efforts be- of funds, property, or services to the Inter- to the International Criminal Court of a foreign sides the International Criminal Court to bring national Criminal Court. Congress has plenary national wanted by that Court. Section 2004(e) to justice foreign national accused of geno- authority under the Constitution with respect to prohibits the United States Government from cide, war crimes, or crimes against humanity. the use of appropriated funds and the disposi- facilitating the transfer of persons to the Inter- Regarding application of this section to the

VerDate Jul 19 2002 18:57 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 9920 E:\CR\FM\A23JY7.032 pfrm17 PsN: H23PT2 H5222 CONGRESSIONAL RECORD — HOUSE July 23, 2002 International Criminal Court, however, ordinary our recovery with at least $20 billion in thority, the Palestine Authority, but cannons of statutory construction apply. The Federal funds. He has kept that prom- rather $50 million for humanitarian as- specific controls the general unless otherwise ise and no part of our government has sistance to Palestinians themselves. provided, and in the case of this legislation it wavered, not the House nor the Senate We believe this also is very important, is quite obvious that the legislation is very nor the conferees. given the fight that has been going on specific about what is to be allowed and what This bill contains an additional $5.5 over there. We need to express our sup- is to be forbidden when it comes to assisting billion which brings the total funding port for Israel’s fight against ter- the International Criminal Court. Had the Sen- available for New York’s recovery to rorism. We need to say to the Pales- ate wanted to vitiate the restrictions of sec- more than $21 billion. tinian people, we are there to support tions 2004 and 2006, it would have had to As a member of the committee of you when you are trying to rebuild amend them, strike them, or expressly conference, and as a New Yorker, I rise your country, when you are trying to notwithstand them. simply to thank President Bush, the provide for the well-being of your peo- The Senate debate during which the lan- gentleman from Florida (Mr. YOUNG) ple. We will not support the govern- guage of section 2015 was agreed to makes and the gentleman from Wisconsin (Mr. ment that you have in place now. clear that this language was understood at the OBEY) and my colleagues in this Con- I think the President has made clear time to make no substantive change to the gress for all the support provided to my that we have need to see a new govern- other provisions of the American city so far. The September 11 attacks ment, a new direction of that govern- Servicemembers’ Protection Act. The full text were truly attacks on America and ment before we can have serious nego- of sections 2004, 2006 and 2011, along with America has responded with grace and tiations with them. But I think this is other provisions of the American generosity. the right approach to it. Servicemembers’ Protection Act, was adopted Mr. Speaker, we are a grateful city The negotiations with the Senate on by the Senate as an amendment to another and we thank Congress for this sup- the assistance for Colombia were very bill on December 7, 2001, by a vote of 78–21. port. I urge my colleagues to support tough, but in the end the House language prevailed. It allows the adminis- When Senator WARNER offered these same this conference report. provisions as an amendment to this supple- Mr. YOUNG of Florida. Mr. Speaker, tration to expand its assistance to the mental appropriations bill, the Senate had es- I yield 4 minutes to the distinguished government of Colombia for the war sentially the same debate it had on December gentleman from Arizona (Mr. KOLBE), against terrorism and narco-traf- fickers. It includes some of the provi- 7th of last year. Neither the supporters nor the chairman of the Committee on Appro- sions that the Senate wanted to make opponents of the language that became sec- priations Subcommittee on Foreign sure that we are not going to be in- tion 2015 suggested that this language made Operations. Mr. KOLBE. Mr. Speaker, I thank the volved in combat operations. any change to the legislation that had pre- Regarding Afghanistan, we have viously passed the Senate, and the final vote gentleman for yielding me time, and I want to pay special tribute to the gen- added funding to both the House and in favor of the amendment, 75–19, was essen- the Senate bills to provide humani- tially the same as the vote last year. For these tleman from Florida (Mr. YOUNG) as well as the gentleman from Wisconsin tarian and reconstruction assistance reasons, Mr. DELAY and I agreed with the for Afghanistan. There is up to 384 mil- House conferees that there was no reason not (Mr. OBEY) for the leadership that they have provided in crafting this bill and lion that could be available under this to accept the Senate language. conference report to help rebuild in Af- Mr. OBEY. Mr. Speaker, I yield my- bringing it at long last to the floor for much-needed supplemental appropria- ghanistan. self 1 minute. Let me end on two final points here. tions to continue the war against ter- Mr. Speaker, I did not want to insert Regarding the United Nations’ Popu- myself in the colloquy that has just rorism, the enduring freedom fight. I want to address my remarks to that lation Funds, or UNPF, as it is called, preceded, but I would simply say that the conference work does not address part that addresses foreign operations while there may have been negotia- this issue. I am disappointed with the that are in this conference report. tions going on outside of the room with administration’s decision that has First, the numbers, the figures them- the administration, the negotiations come down since this conference report selves. The funding in this chapter in- that count were the negotiations be- was adopted, and I expect that in our cludes a spending level of $1,818,000,000. tween the four parties that produced 2003 appropriations bill we are going to But there are rescissions in there of this language. And I think that the un- address this issue and try to ensure $269 million, meaning there is a net derstandings discussed here are not that funding for this very important spending level in foreign operations of necessarily those that were reached be- organization is included. tween the gentleman from Florida (Mr. $1,549,000,000. That is $48.5 million Most of the funding in the chapter is YOUNG), myself, Mr. BYRD and Mr. STE- below where we were when we passed dedicated to assisting our allies in the VENS. this bill in the House, $3.5 million war on terrorism. At this last minute I think the language speaks for itself above where it was in the Senate. So the Office of Management and Budget without being maneuvered one way or much for the overall numbers. proposed removal of hundreds of mil- another by any after-the-fact col- A few of the specific things that are lions of dollars requested by the Presi- loquies that may or may not relate to in there. We have $200 million in here dent for assistance to our allies. I am the language involved. for the fight against HIV/AIDS, tuber- puzzled, I am disappointed that OMB Mr. Speaker, I yield 2 minutes to the culosis, and malaria around the world, made such a proposal, and I do not distinguished gentleman from New particularly in Africa and Eurasia. think they reflected what either the York (Mr. SERRANO). This has been in both the House and President or the Secretary of the State Mr. SERRANO. Mr. Speaker, I thank Senate bills. While this number was or the Secretary of Defense had in this the gentleman for yielding me time. not in the initial request to the Presi- regard. But I am pleased overall with Mr. Speaker, I rise in support of the dent, as I think everybody knows, the the bill that we have now, I think it is conference report. Mr. Speaker, no one President has endorsed this and spoken a good bill and, Mr. Speaker, I urge its can forget the shock and horror of Sep- specifically about the programs that he adoption. tember 11 when terrorists attacked the will use this money for. And I believe, Mr. OBEY. Mr. Speaker, I yield 2 United States, murdering nearly 3,000 as he does, that it is vitally important minutes to the distinguished gen- people, destroying the World Trade that we continue to make progress in tleman from Iowa (Mr. BOSWELL) who Center, damaging the Pentagon and combating the worldwide scourge has been very much focused on several threatening sites in Washington, D.C. against AIDS. aspects of this bill. New Yorkers in particular relive that In addition, there is another figure in (Mr. BOSWELL asked and was given every time we see the gap in our sky- there that was not in the President’s permission to revise and extend his re- line or mourn the missing in our fami- original request and that is $200 mil- marks.) lies and neighborhoods. But within lion for antiterrorism assistance for Mr. BOSWELL. Mr. Speaker, I thank days of the vicious attacks, the Presi- the state of Israel and $50 million for the gentleman for yielding me time dent met with Members of the New humanitarian assistance for the Pales- and I thank the gentleman from Flor- York delegation and pledged to support tinian people. Not to the PLA, the Au- ida (Mr. YOUNG) for his hard work.

VerDate Jul 19 2002 18:57 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.035 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5223 Today I can support this bill with en- thesize and interpret data and intel- The bill also includes authorization thusiasm. I was very sorry the last ligence collections from investigations. and funding for the closed circuit time we discussed it I could not, and I The funding will support technology transmission of the Moussaoui trial to want to thank the conference com- upgrades and allow the FBI to hire ad- victims of the September 11 attacks. mittee for their hard work. It kind of ditional cybercrime counterterrorism Finally, the bill includes $37 million signals a win to me for a concern that and counterintelligence analysts. The for the National Institute of Standards I have had for my State of Iowa in the bill also provides $81.3 million for the and Technology to develop an informa- area of Medicare reimbursements INS, including upgrades for the border tion technology security framework for rates. patrol agents and immigration inspec- the Federal Government. In May the Committee on Rules tions who are also on the frontline, and Lastly, these additional funds for fis- made an exception and put into this $25 million for an Absconder Initiative, cal year 2002 are vital for carrying out supplemental bill what I thought was to find and remove more aliens who our continued homeland security, an unfair fix for rates for a selected few have been ordered deported and who international and corporate oversight and leave out many. I appreciate this. have not followed those orders. responsibilities, and I urge my col- It has actually drawn attention to this b 1430 leagues to support it. ploy and helped to shed additional Mr. OBEY. Mr. Chairman, I yield 2 light on the discriminatory formulas I want to thank the gentleman from minutes to the distinguished gen- and the adverse consequences for sen- Arizona (Mr. KOLBE) for his good ef- tleman from Maryland (Mr. HOYER). iors, hospitals and health care profes- forts with this action and with regard sionals across Iowa and other similarly to this issue. Mr. HOYER. Mr. Speaker, I thank situated areas. As we all saw in the tragic events of the ranking member for yielding me Although our health care profes- September 11, we depend on our State the time, and I want to congratulate sionals are doing a great job with less, and local police, fire, EMS and our chairman, the gentleman from the fact remains, as we see here, and I HAZMAT people to respond to acts of Florida (Mr. YOUNG) who everybody will show you a chart one more time in terrorism. Their heroism and prepared- knows I feel very highly, about one of a moment, that there are places in the ness has saved many lives and will the fairest chairman I have ever served country where Medicare patients are likely save many more. The bill pro- under, and the gentleman from Wis- getting eyeglasses and they are getting vides $2.1 million for State and local consin (Mr. OBEY), one of the most able prescriptions. In fact, it is a double of first responder equipment, exercise and Members I have served with. what we were getting in Iowa, the training, and including $50 million to Mr. Speaker, I rise in support of the amount. It is a whole lot more than provide communities across the coun- conference report and want to high- what the gentleman from Wisconsin try with interoperable emergency com- light funding in two critical areas. (Mr. OBEY) was getting as well. They munications equipment. First, this supplemental appropriations are below the average as well, and I The SEC, the Securities and Ex- bill gives us $400 million reasons to know the gentleman knows that. This change Commission, requires an infu- complete our work on election reform is something we have been working on. sion of resources to strengthen over- as soon as possible. The gentleman Let us do something about this. I think sight and enforcement and preserve the from Florida (Mr. YOUNG), the gen- that perhaps we are making some integrity of the financial markets. This tleman from Illinois (Speaker progress, and I hope so. bill provides $40.2 million for the SEC, HASTERT), and the gentleman from On the Medicare reimbursement re- $20.2 million above the request, includ- Wisconsin (Mr. OBEY) were critically lief of last month, a few days ago there ing funds for the immediate addition of important in making sure this money was attention given and an additional 125 staff positions in enforcement and stayed in this bill. $120 million for Iowa over 3 years, and corporate oversight and key informa- Appropriators from both sides of the that is a big help, but we have a ways tion technology upgrades. This will aisle on both sides of the Capitol have to go. So I want you to again look at begin to provide the SEC with the re- done their job. They recognize that we this chart, and it will show you very sources they need to combat corporate must upgrade our election systems. clearly that there is a great disparity fraud and to protect the savings and re- They recognize that the disenfranchise- tirement investments of millions of across this country, and the citizens ment of an estimated 6 million voters American families. pay the same taxes for the same serv- in November 2000 offends our demo- ice. They pay the same. The conference report also includes $318.1 million for embassy security and cratic values, and they recognize that Look here. There are some States, real reform costs money. mine, but others are receiving less public diplomacy. The diplomatic staff is hard at work right now under very Now we must finish the job and pass than half of what the top is. Is that fair the election reform conference report for Americans? I do not think so. I do difficult and dangerous conditions in south Asia and elsewhere. This bill will that authorizes the expenditure of the not think there is one of you here that funding. Election reform conferees are would feel this way. So I do support provide for an expedited construction making progress in resolving the dif- this bill today and I appreciate it for of fully secured replacement embassy ferences between the House and the the whole country. I hope that our sen- facilities in Afghanistan and Senate bills, and I hope this supple- iors are considered of equal impor- Tajikistan. mental appropriation bill and the $400 tance, and I think they are. I thank the Recently, a lot of attention has been million it provides for election reform gentleman again for this time, and I do focused on improving our public diplo- adds urgency to our negotiations. We support the bill, and I support the fact macy’s efforts, including the gen- must not delay. that we have been talking about there tleman from Illinois’ (Mr. HYDE) legis- now. Let us talk about it some more. lation H.R. 3969, which passed the Secondly, I want to note the $150 mil- Mr. YOUNG of Florida. Mr. Speaker, House yesterday. We are not doing an lion that is provided for the Fire Grant I yield 3 minutes to the distinguished adequate job of telling America’s story, Program through FEMA, bringing the gentleman from Virginia (Mr. WOLF), and it is a great story to the world. To fiscal year 2002 total to $510 million. I chairman of the Subcommittee on improve this effort, the bill includes note that some $3 billion-plus had been Commerce, Justice, State and Judici- $40.1 million for information and ex- requested by local fire services and ary of the Committee on Appropria- change programs of the State Depart- emergency responders throughout the tions. ment, Radio Free Afghanistan and the Nation, but this is a significant step Mr. WOLF. Mr. Speaker, I want to Middle East Broadcasting Initiative. forward. Every day we ask our fire- commend the gentleman from Florida In addition, the bill includes $55 mil- fighters to risk their lives to protect (Mr. YOUNG) and the gentleman from lion for the enhanced security of the our homes, our businesses and our chil- Wisconsin (Mr. OBEY) for the great job Federal judiciary in response to ter- dren. With this additional funding, Mr. of this conference report, and I rise in rorist and other high threat trials, in- Speaker, we say to them we recognize strong support. cluding $10 million for the Supreme and appreciate their sacrifice and want The bill includes $175 million to im- Court building and $37.9 million for the to ensure they can do their jobs as prove the ability of the FBI to syn- U.S. Marshals Service. safely and effectively as possible.

VerDate Jul 19 2002 18:57 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.085 pfrm17 PsN: H23PT2 H5224 CONGRESSIONAL RECORD — HOUSE July 23, 2002 Mr. YOUNG of Florida. Mr. Speaker, time, and I thank the gentleman from State Departments of Transportation I would like to inquire as to the time Florida (Mr. YOUNG) for all the excel- utilize their full amount of contract remaining on both sides. lent work they have done on this bill. authority when they plan ahead for The SPEAKER pro tempore (Mr. It is an excellent bill. It contains aid projects in every Members’ district. HASTINGS of Washington). The gen- for New York City, contains aid for our It has an immediate effect, too. tleman from Florida has 12 minutes re- allies, but perhaps troubling, it also States have been given the flexibility maining. The gentleman from Wis- contains aid for our enemies. to move funds across programs. This consin has 19 minutes remaining. Quietly and without any floor debate, flexibility will be lessened in 2003 by Mr. YOUNG of Florida. Mr. Speaker, $50 million is included in this bill for this rescission. Therefore, some of the I yield 2 minutes to the gentleman aid to the West Bank in Gaza. This is transportation projects that were com- from California (Mr. CUNNINGHAM), a on top of more than $100 million that ing off the shelf in 2003 will be put back distinguished member of the Com- has gone to the Palestinians since 1999. on the shelf. mittee on Appropriations. In that same time period, 577 Israelis The rescission of the contract’s au- Mr. CUNNINGHAM. Mr. Speaker, I and dozens of American citizens have thority should not be used now or in thank the chairman of the Committee died in over 50 homicide attacks in the future to balance the spending of on Appropriations for yielding me the Israel. the Congress. I will submit for the time. I support foreign aid. Foreign aid ex- RECORD a State-by-State table showing This bill is critical to winning the ports are values. It buys cooperation the cuts to each state. overseas. It makes tense areas of our war on terrorism, New York City re- STATE-BY-STATE IMPACT OF $310 M RE- world more peaceful, but on every payment and recovery efforts, home- SCISSION OF HIGHWAY CONTRACT AU- land security, replenishment munitions level, Palestinian aid has failed in THORITY IN FY 2002 SUPPLEMENTAL in which the gentleman from Califor- those fundamental values. Rather than APPROPRIATIONS BILL (H.R. 4775) nia’s (Mr. HUNTER) been trying to do promoting our values, the people of State Contract Authority for years, and support ongoing intel- Nablus were cheering on September 11 Lost ligence. when captured by TV cameras. Rather Alabama ...... ¥$6,055,699 While I support this emergency than buying cooperation, money that Alaska ...... ¥1,531,493 spending, a bill to fight the war on ter- we have provided has found its way to Arizona ...... ¥5,103,144 be producing suicide belts, according to Arkansas ...... ¥4,186,819 rorism and aid continued recovery ef- ¥ some of the documents seized at the California ...... 31,502,078 forts, I must point out a section of this Colorado ...... ¥4,605,662 legislation that does not belong in this Ramallah compound. Rather than Connecticut ...... ¥3,984,645 bill. It is legislation on an appropria- making the world more peaceful, the Delaware ...... ¥1,205,967 tions bill, and that is section 3002 re- Palestinians have used the money to Dist. of Col...... ¥1,102,821 garding mail service to Alaska. import arms from Iran. Florida ...... ¥12,154,625 Section 3002, the Rural Service Im- I believe that we should vote yes on Georgia ...... ¥9,771,545 ¥ provement Act of 2002, was never sub- this bill. I believe we should vote yes Hawaii ...... 1,218,691 Idaho ...... ¥2,123,194 ject to any congressional hearings or on future foreign aid bills, but I also think it is time we had a debate on the Illinois ...... ¥11,964,461 other fact-finding events. We have got ¥ floor of this House with an up or down Indiana ...... 6,779,800 two opposing sides claiming problems Iowa ...... ¥4,608,642 on either side, and yet the chairman, a vote on whether or not we should con- Kansas ...... ¥4,570,334 Republican, from the other body, re- tinue to provide aid for the West Bank Kentucky ...... ¥5,375,294 fuses to even have a hearing on this and Gaza. Louisiana ...... ¥5,497,393 Mr. YOUNG of Florida. Mr. Speaker, Maine ...... ¥1,831,982 issue. ¥ These provisions specifically target I yield 2 minutes to the gentleman Maryland ...... 5,589,406 Massachusetts ...... ¥6,436,734 carriers that successfully and profit- from Alaska (Mr. YOUNG). (Mr. YOUNG of Alaska asked and was Michigan ...... ¥9,894,776 ably transported mail for the Postal given permission to revise and extend Minnesota ...... ¥5,204,170 Service within the State of Alaska for ¥ his remarks and include extraneous Mississippi ...... 4,349,567 many years. The Act’s stated goal is to Missouri ...... ¥8,309,367 material.) Montana ...... ¥2,647,739 reduce costs which then actually it will Mr. YOUNG of Alaska. Mr. Speaker, I increase costs from the Postal Service. Nebraska ...... ¥3,123,825 rise today in support of the bill H.R. ¥ Congressional approval of this legisla- Nevada ...... 2,183,077 4775, the Defense and Homeland Secu- New Hampshire ...... ¥1,496,695 tion, without any hearings, that elimi- rity Supplemental Appropriations Act New Jersey ...... ¥9,229,067 nates a single competitor from busi- Conference Report. I would like to New Mexico ...... ¥3,117,390 ness and protects incumbent carriers thank the gentleman from Florida (Mr. New York ...... ¥16,823,836 ¥ from competition is wrong. Matter of YOUNG), the chairman of the Com- North Carolina ...... 8,003,803 ¥ fact, in my opinion, it is an abuse of mittee on Appropriations, for including North Dakota ...... 2,344,956 power from a single Senator from the Ohio ...... ¥11,486,595 the restoration of highway funds that ¥ other body that is abusing his office by Oklahoma ...... 5,892,937 was agreed to by the Authorization Oregon ...... ¥4,346,259 legislating someone out of business. Committee and 410 Members of this Pennsylvania ...... ¥15,576,784 ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE House. It was the right thing to do, and Rhode Island ...... ¥1,702,512 The SPEAKER pro tempore. The it will benefit all the States for trans- South Carolina ...... ¥4,979,995 Chair would remind the Members to portation needs. South Dakota ...... ¥2,372,588 temper their remarks to avoid im- Although unfortunately, the Com- Tennessee ...... ¥6,974,601 proper references to Members of the mittee on Appropriations also re- Texas ...... ¥22,757,525 Utah ...... ¥2,889,990 other body. scinded $320 million in highway con- ¥ Mr. CUNNINGHAM. Mr. Speaker, I tract authority that was created in Vermont ...... 1,420,695 Virginia ...... ¥7,934,231 do not know how to temper an event TEA–21 and has already been appro- Washington ...... ¥6,528,778 when someone legislates someone out priated to every State, such a rescis- West Virginia ...... ¥2,886,042 of office and denies them going to sion is unprecedented, and it is abso- Wisconsin ...... ¥5,736,023 court. To me that is unconstitutional, lutely unacceptable to the Committee Wyoming ...... ¥2,585,746 and the legislative business that we on Transportation and Infrastructure. Total ...... ¥320,000,000 perform every day should not take up This $320 million will be taken from I again, though, thank the appropri- legislation like this on such an impor- the balance of the contract authority ators and realize they have to deal tant bill. that exceeded the obligation limita- with the other side of the aisle, but I Mr. OBEY. Mr. Speaker, I yield 11⁄2 tions that has been placed on the high- would also suggest respectfully in the minutes to the gentleman from New way program. So it is sometimes called future, be very careful about fooling York (Mr. WEINER). excess contract authority, but there around with the Committee on Trans- Mr. WEINER. Mr. Speaker, I thank will still be programmatic impacts re- portation and Infrastructure’s jurisdic- the gentleman for yielding me the sulting from this rescission. tion.

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.088 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5225

Mr. OBEY. Mr. Speaker, I yield 11⁄2 for the bonds. Local water-sewer rates Ms. LEE. Mr. Speaker, I thank the minutes to the gentleman from Massa- have exploded to cover the costs. ranking member for yielding me this chusetts (Mr. MCGOVERN). With the new commitment requiring time and also thank him for his hard Mr. MCGOVERN. Mr. Speaker, I that printing, dyeing and finishing re- work and the chairman’s hard work in thank the gentleman for yielding me main in the United States, these small bringing this bipartisan bill to the the time. towns will have available attractive fa- floor. Mr. Speaker, I rise in support of this cilities for economic development and However, I want to really express bill, and I want to thank the chairman taxable investment to pay for the bond today my disappointment and frustra- and the ranking member and the con- expense while enhancing employment tion, quite frankly, with the level of ferees for working so hard to develop a opportunities. AIDS funding that is in this bill. We bill that I think a majority on both I urge my colleagues to join me in have heard time and time again how voting for the conference report on side of the aisle can support. AIDS is killing millions of people in H.R. 4775. The small towns of North I would like, however, to speak about poor countries throughout the world. Carolina thank my colleagues. the provisions on Colombia that re- We know that AIDS is a complex dis- main in the bill. I believe the Colombia b 1445 ease that requires a comprehensive provisions in the conference report are Mr. OBEY. Mr. Speaker, I yield 2 strategy. a slight improvement from those in the minutes to the distinguished gentle- I want to thank the gentleman from House-passed bill. At least now Con- woman from California (Ms. WATERS). Minnesota (Mr. OBEY), our minority gress is asking for written commit- Ms. WATERS. Mr. Speaker, I rise in leader, the gentleman from Missouri ments from the newly elected Uribe ad- support of this very important piece of (Mr. GEPHARDT), the gentleman from ministration on how he will pursue the legislation. A supplemental appropria- Iowa (Mr. LEACH), the gentlewoman war in Colombia. tion is absolutely necessary to take from California (Ms. PELOSI), the gen- Still, I have gave reservations re- care of the very important needs of tlewoman from New York (Mrs. garding the wisdom and the con- this country and this world. It is abso- LOWEY), the Congressional Black Cau- sequences of expanding U.S. involve- lutely important that we fight this war cus, and all of those who have worked ment in Colombia’s grinding violence on terrorism and that we have the re- very hard to raise the level of funding and deepening civil war, a civil war sources to do so, and to establish for global AIDS programs in this bill. that has plagued Colombia for nearly homeland security. Last month, however, our efforts to do four decades. Beyond that, Mr. Speaker, I want to even more to increase global AIDS Mr. Speaker, I have little trust in thank the gentleman from Minnesota funding was derailed by the President. conditions. They are easily waived or (Mr. OBEY) and the gentleman from This was a total outrage, given the ad- Florida (Mr. YOUNG) and others for the distorted when viewed as getting in the ministration’s stated commitment to $200 million that they have appro- way of policy, and I believe that the lead in fighting this scourge. House will return to debate this matter priated for AIDS in Africa. This is extremely important. I know that it is I attended the 14th International again in September. Conference on AIDS in Barcelona and The House of Representatives should very difficult to satisfy everybody with heard from AIDS experts, activists, and think long and hard before it gives a a bill like this, but I think we have people living with AIDS who demanded green light to any policy that commits done some good things with this bill: treatment now. There are 28 million more of America’s precious resources money for Israel, money for Afghani- people in Africa living with HIV and to a hideously complex civil war in Co- stan, money for the Palestinians, and AIDS, but only 30,000, 30,000, who re- lombia. money for Africa. ceive treatment, in comparison to Mr. YOUNG of Florida. Mr. Speaker, If there is one request that I could nearly 100 percent of the people in the I yield 2 minutes to the very distin- have had in addition to all of this, it United States who need treatment and guished gentleman from North Caro- would have been to appropriate more receive it. lina (Mr. BALLENGER). money for the famine in southern Afri- Mr. BALLENGER. Mr. Speaker, I ca. We have about 13 million people At the conference, alarming statis- thank the gentleman for yielding me who are at risk of starvation. Unfortu- tics and forecasts indicated that HIV the time, and I congratulate the chair- nately, there has been a drought. Un- infections are not decreasing, nor are man for a job well done. fortunately, the grain silos are empty; they leveling off. They are growing. I want to thank the leadership, also, and there are people in villages who are This crisis will only continue to wors- for sticking with their commitment to going to die. Even with the food re- en. Today, there are over 40 million require printing and dyeing and fin- sources that we are trying to get there, people living with AIDS. By 2010, we it will not reach there and the rains ishing of textiles to remain in the will see more than 100 million new are going to set in in September or Oc- United States. I am speaking today in AIDS cases unless we step up to the tober. These people, whole families, ba- support of the Supplemental Appro- plate. China, Russia, and India are bies, children who are now eating dirt priations Act Conference Report, be- ticking time bombs. We must put at and bugs, are going to die. cause it is a victory for the textile in- least $1 billion into the trust fund, Mr. So if there was anything else I would Speaker. dustry and at no cost to the Govern- have done with this supplemental ap- Mr. OBEY. Mr. Speaker, I yield 11⁄2 ment. propriation, it would have been to try In the 1970s and 1980s, 13 small towns minutes to the gentleman from New and avert that famine that is taking York (Mr. NADLER). in Western North Carolina attracted place in six nations of southern Africa. (Mr. NADLER asked and was given printing, dyeing and finishing jobs to Having said that, I appreciate the permission to revise and extend his re- their communities. These towns sold work of this committee, and I appre- bonds to pay for the necessary water ciate the manner in which they tried to marks.) and sewer infrastructure, while textile take care of all of these very difficult Mr. NADLER. Mr. Speaker, I rise to companies built plants whose taxes problems. I am hopeful that that which support this conference report. This would pay for those bonds. Since this we were not able to do relative to conference report funds the war on ter- manufacturing method had a low labor southern Africa, perhaps we can do it rorism, but it also helps to make as content and high value added content, in the agricultural appropriations bill. whole as possible my district in New these firms expected to remain com- Perhaps there will be some room there York where the World Trade Center petitive. that we can find a way to get more stood before the attack last year. This All was well until the textile indus- money to those who are going to die of conference report fulfills the congres- try started leaving because of lower starvation unless we attend to it. sional part of the President’s pledge to labor costs around the world. The Mr. YOUNG of Florida. Mr. Speaker, appropriate $20 billion to help New printing and dyeing and finishing jobs I reserve the balance of my time. York recover from the attack. also started leaving, resulting in what Mr. OBEY. Mr. Speaker, I yield 11⁄2 We still have some problems with we call stranded bonds investment minutes to the distinguished gentle- FEMA doling out the money; but I without a manufacturing base to pay woman from California (Ms. LEE). want to commend the chairman of the

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.093 pfrm17 PsN: H23PT2 H5226 CONGRESSIONAL RECORD — HOUSE July 23, 2002 committee, the gentleman from Flor- ber gets here, there are several items we respond internationally and as we ida (Mr. YOUNG), and the ranking mem- that I think the membership ought to are trying to bring stability in regions ber, the gentleman from Minnesota know about that we have provided in of the country that we want to have (Mr. OBEY), and especially the New this bill above the administration re- stable commerce with. York members of the Committee on quest. And that is to recognize that in Appropriations who worked so hard to We have provided $225 million for southern parts of Africa there are ensure that New York would not be for- modification of airports. Those modi- countries where people are literally gotten and that we now have this $21.4 fications are needed in order to create starving today and that we could inter- billion appropriated. an actual place to install the explosive vene and make a difference. A little I want to also express my support for detection systems which are supposed money could be provided for food, and the $200 million in aid to Israel in- to be placed in those airports. It would those who are starving need not die cluded in this legislation. Israel is our be pretty difficult to meet the deadline from starvation and the starvation only true ally in the Middle East, and without that additional funding, which numbers need not increase. our only true friend in the fight the administration did not request. Just yesterday, the World Food Pro- against terrorism. It is only right that We also now have the situation in gram revised their numbers up that we support Israel in its fight against which air marshals at this point can- they expect will be affected if we did terrorism. not communicate with the ground ex- nothing, from 13 million to 14 million. I also want to say that the $200 mil- cept through the pilot. We think that It is so easy for us in our luxury, or in lion appropriated for fighting AIDS in is fairly unfortunate and risky, and so our secure areas not to see this as im- Africa is a good first step, but we must we provided $15 million to fix that mediate, because it is over there. Well, increase it because it does not meet the problem. their problems over there become our scale of the catastrophe in Africa, and We have also provided additional problems in terms of security. the United States should step up to the funding for port security grants, and I As we are now trying to bring sta- plate more. But this is a very good first think that is probably among the most bility to all regions, in particular de- step. important money in the bill. veloping countries, I would hope we So I want to congratulate the mem- We have taken a number of other ac- would see it in the Nation’s interest, bers of the Committee on Appropria- tions which I think will enhance over- our security interests, even if we do tions and the leadership of the Com- all security, even while we have not not see it in the humanitarian interest, mittee on Appropriations, and I sup- provided all of the funding that the of doing the right thing. So I want to port this bill. Transportation Security Administra- bring this to the attention of the ap- Mr. YOUNG of Florida. Mr. Speaker, tion asked for for other activities, in propriators. And I know it is not in I yield myself 3 minutes. large part because the Congress, on a this bill. I offered amendments when it Mr. Speaker, I want to thank the bipartisan basis, has so little con- came to the House before, and we were gentleman from New York for the com- fidence in the way that agency has ap- not given an opportunity; but I just ment that he just made. The conferees proached its job to date. want to use every moment and every have worked really hard with the dele- With that, Mr. Speaker, I will end my breath I have to raise the conscious- gation from New York, including the filibuster. ness and awareness that we can make a Senate and House Members; and we Mr. Speaker, I yield 1 minute to the difference. have all worked together very well. gentleman from Maryland (Mr. HOYER). Now, let me say parenthetically, This conference report continues to Mr. HOYER. Mr. Speaker, I thank Americans are making some difference recognize the tremendous human losses the ranking member for yielding me now. But because we are a very afflu- suffered by those businesses located in this time. I was not going to get into ent country, we cannot afford not to do the World Trade Center during the Sep- this, but I want to thank the chairman what is necessary. We need to have tember 11 attacks, and we have in- of the committee. that opportunity to make a difference. cluded this emergency appropriation As the chairman knows, I have great Mr. Speaker, 13 million could possibly for the purpose of assisting these busi- concern about LaPlata, Maryland, that die if we fail to act. We need those re- nesses. As stated in the joint explana- was struck by a tornado some months sources, and if not through this bill, tory statement of the Committee of ago, and literally two-thirds of the through some future bill. the Conference, the conferees added $33 town was obliterated, knocked down, 1500 million to the amount provided over along with almost a thousand homes b the initial request, and we did so ex- destroyed. Mr. OBEY. Mr. Speaker, I yield my- pecting that that additional money I was hopeful that there would be self 3 minutes. would be made available specifically some additional funds in this bill. That Mr. Speaker, Article I of the Con- for helping to assist those firms lo- was not possible. But I want to thank stitution indicates that it is Congress cated in New York City who, at the the chairman and the ranking member, which is given the power to determine time of the terrorist attacks, suffered a with whom I talked during the course the expenditure of taxpayer’s money. disproportionate loss of their work- of the conference, for their assurances Nowhere in the Constitution, in Article force and who intend to reestablish that during the course of the next I or any other article, do we have a their operations in New York City. weeks that we will address this prob- mention of the Office of Management I have discussed this issue on numer- lem. I want to be able to assure the and Budget. And yet I think as has ous occasions with Mr. Gargano, who folks of LaPlata that we have not for- been often the case, or has often been serves as Governor Pataki’s Chairman gotten them and we are going to assist made obvious, the present director of and CEO of New York’s Empire State them as soon as we possibly can; and I the Office of Management and Budget Development Corporation. It is our un- thank the chairman for his assurance seems to believe that the only role of derstanding that in cooperation with on that and working with me to accom- Congress in the appropriations process New York City and the Lower Manhat- plish that objective, and I thank the is to salute whatever whim seems to tan Development Corporation, the gentleman from Minnesota (Mr. OBEY) occupy OMB that day. It is not the State of New York will ensure that as well. first time in our Nation’s history OMB these funds will be available for the in- Mr. OBEY. Mr. Speaker, I yield 2 has had that attitude; but it is the tended purposes. minutes to the gentlewoman from most recent and, therefore, the most Mr. Speaker, I reserve the balance of North Carolina (Mrs. CLAYTON). annoying. my time. Mrs. CLAYTON. Mr. Speaker, I Let me simply say OMB and the Mr. OBEY. Mr. Speaker, I yield my- thank the gentleman for yielding me White House itself has on numerous oc- self 2 minutes to filibuster, in hopes this time, and I want to use this time casions chastised this Congress for the that the gentlewoman who wishes to as we consider the supplemental to decisions we have made on the supple- speak on this gets here. raise an issue that I think has tremen- mental, and they have also chastised Let me say that, given the fact that dous emergency potential, but it has the Congress for being somewhat tardy I am trying to stall until another Mem- great implications for us as a Nation as in getting this bill to the White House.

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.098 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5227 Let me point out that the White and put more pressure on each State’s year 2002 bills were marked up, and in- House did not send this bill to Congress highway next year if reauthorization of deed the best effort has been made to until late March. They could have sent TEA–21 is delayed. reflect those additional interests in it up in January. They did not. They Mr. Speaker, for those reasons I must this fiscal year 2002 supplemental. But could have sent it up when they sent up oppose the conference report. most of it, approximately half of it, is their budget in February, but they did Mr. OBEY. Mr. Speaker, I yield back money to fight the war on terrorism; not. They delayed until late March, the balance of my time. and we are coming together to further and then on three separate occasions Mr. YOUNG of Florida. Mr. Speaker, express our commitment on both sides after the conferees reached agreement I yield myself 30 seconds. of the aisle to make certain that we do on the content of this bill, OMB saw fit Mr. Speaker, I thank the members of whatever is necessary to see that we to blow up that agreement and ask for the conference committee and the staff win this war. a different cut of the cards. who worked very diligently for a num- America is not backing off from the Because of that history, it has taken ber of weeks to get us to the point challenge that is before us. Indeed, the the Congress more time than it other- where we are today to have this supple- people of the United States continue to wise would have taken. Nonetheless, mental on the floor. insist that we work together intently we now have a product which does not Our counterparts in the other body to make sure that America remains the suit everyone exactly, but it is a rea- worked with us very diligently. I sug- strongest Nation in the world carrying sonable product; and I believe it de- gest that they raised a number of very forward that battle to be successful in serves the support of the House. I do challenging issues. This is one of the the war on terrorism. not support every item in it; no Mem- more difficult conferences that I have Mr. BLUMENAUER. Mr. Speaker, I will sup- ber does. But it is a reasonable effort been involved with in a good many port this legislation. to reach a conclusion on this matter, years; but with the leadership of Sen- Its provision to provide funding fro Amtrak is and I personally intend to support it ator BYRD and Senator STEVENS, we especially critical to avoiding a shutdown of because of that fact. came to a good conclusion on a good our national passenger railroad system later Mr. Speaker, I yield 2 minutes to the supplemental conference report. this year. Congress has a special obligation to gentleman from Minnesota (Mr. OBER- Mr. Speaker, I yield the balance of fund Amtrak as part of the Amtrak Reform and STAR). my time to the gentleman from Cali- Accountability Act of 1997. The fiscal prob- Mr. OBERSTAR. Mr. Speaker, I fornia (Mr. LEWIS), the chairman of the lems facing Amtrak are not the responsibility thank the gentleman for yielding me Subcommittee on Appropriations, of the railroad alone, but also reflect the unre- this time. since this is primarily a national de- alistic and unattainable goals that we impose Mr. Speaker, I express my great ad- fense emergency supplemental bill. on Amtrak under that legislation and our fail- miration for the job that the gen- (Mr. LEWIS of California asked and ure in Congress to provide necessary capital tleman from Wisconsin (Mr. OBEY) and was given permission to revise and ex- funding. The $205 million provided in this bill the chairman of the Committee on Ap- tend his remarks.) is a stop gap measure to keep the railroad propriations have done together, but Mr. LEWIS of California. Mr. Speak- functioning as we look at opportunities next the conference report has some extra- er, I rise to express my deep apprecia- year during the Amtrak reauthorization to ad- neous provisions which the Committee tion to the gentleman from Florida dress larger fiscal and structural issues. on Transportation and Infrastructure (Chairman YOUNG) and to the gen- This conference report contains funding for has objected to on a bipartisan basis, tleman from Wisconsin (Mr. OBEY) for homeland security that is much needed in my including one provision that has noth- the very fine work they have done on district. It is essential that we provide our local ing to do with fighting the war on ter- this supplemental bill. This is, after governments and first responders with the re- rorism: a rescission of $320 million of all, the supplemental to provide addi- sources to provide training and acquire the highway contract authority. tional funds for the war on terrorism. equipment necessary to be prepared for po- That means if this stands, and appar- It was not quite a year ago that we tential terrorist attacks. ently it will, that every State’s high- met downstairs in this building to Our military has responded with great pro- way program will lose interstate main- mark up the fiscal year 2002 appropria- fessionalism to the unforeseen tragedies of tenance, national highway system tions bill for national security. As we September 11, but we need to utilize tools be- funding, surface transportation pro- were meeting that very morning, all of yond those of the military in reducing global gram, bridge, congestion mitigation, us had the experience of seeing those risks. I am disappointed that we had to add and air quality improvement funds. planes fly into those buildings in New military spending to this bill. The FY02 military California loses $31 million; Pennsyl- York, shortly thereafter learning about budget we adopted last fall was $351 billion, vania, $15 million; Illinois, $11 million; a plane flying into the Pentagon and a figure already exceeding the military spend- and Minnesota, $5.2 million. the President brought us all together ing of the next 25 nations combined. For the first time in the history of to discuss for the first time the war on Finally, the conference report appropriates the highway programs, these States terrorism. $134 million for reconstruction activities in Af- will have to return budget authority One of the most significant moments ghanistan. I am pleased that this total includes which has been apportioned to them. of my time in public affairs was to funding to repair houses damaged during mili- These cuts are over the express objec- share with Members in this House tary operations. The conference report appro- tions of both the House and the Senate when the President came to the House, priates some $3000 million for assistance to authorizing committees. Some will bringing us all together, both bodies of Afghanistan from various accounts. argue this has no effect because the the Congress, the Supreme Court, all of Afghanistan is believed to have one of the obligational authority is not reduced the members of the cabinet, in order to worst landmine and unexploded ordnance in fiscal year 2002, but I disagree. These talk about this new challenge that problems in the world, with 5–7 million still lit- rescissions will limit the States’ flexi- America was faced with. I will never tered about the country. In addition to Afghan bility to use their different categories quite forget that scene when the leader citizens, U.S. service personnel have also of funds. When we passed TEA–21, we of the other body, who was in the well been killed by these explosive remnants of expected that contract authority would of the House, came across the well of war. $4 million is included in this conference be greater than the annual obligation the House and we saw the President of report for humanitarian demining and cleanup limitation. This excess contract au- the United States and that leader in of other unexploded ordnance. thority has played a critical role in friendship and leadership and otherwise Representative LEACH and I led a request to funding the States’ need to set their hug each other expressing the public’s the Foreign Operations Appropriations Sub- own priorities for highway invest- view that we ought to be together as committee for assistance to unintended victims ments, and they have done exceedingly we go about fighting this war. of the Afghan war in its FY03 bill. A bipartisan well with it. Indeed, the gentleman from Wis- group of 38 Members joined us. This is an im- States will have to go through the consin (Mr. OBEY) has indicated that portant gesture for us to make to the Afghan process now of returning these funds this bill might have moved more quick- people to show them that our military cam- from each of the highway categories to ly. There are any number of interests paign is not against them; it is against Al- the Federal Highway Administration, that have come forward since the fiscal Qaeda. I hope we can build on the assistance

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 9920 E:\CR\FM\K23JY7.169 pfrm17 PsN: H23PT2 H5228 CONGRESSIONAL RECORD — HOUSE July 23, 2002 for housing repair that is in this conference re- ume about the threats facing Afghanistan A trade policy on such a narrow partisan port in the appropriation for FY03 funding today. Just as President Karzai is threatened basis is not viable as it is built on shifting when the House Foreign Operations Sub- by continuing insecurity, so is the entire sands of political expediency, instead of a committee marks up its bill following the Au- Afghani population. The bill before us today, strong, broad foundation. gust recess. and the Afghanistan Freedom and Recon- Mr. JEFF MILLER of Florida. Mr. Speaker, Mr. LANTOS. Mr. Speaker, today the House struction Act passed earlier this year, provides today I rise with reserved support for the FY is voting on H.R. 4775, the 2002 Supple- funding to help transform Afghanistan from a 02 supplemental Conference Report. This leg- mental Appropriations Act for Further Recov- land of repression and chaos into a safe and islation, billed as a wartime supplemental, has ery From and Response To Terrorist Attacks secure environment where freedom, human egregious spending proposals I cannot wholly on the United States. This legislation provides rights and democracy can grow, and terrorism support. However, with more than $14 billion key support to our military to conduct the on- and opium production will wither. However, going to support our men and women in uni- going struggle against the barbaric forces of none of this can be accomplished without se- form, I am unable to oppose the measure. international terrorism, additional support for curity. The United States is providing critical In my opinion, Mr. Speaker, this bill is the some key friends and allies in the war against assistance to create a new professional, multi- embodiment of resentment our constituents terrorism, and supports other critical programs. ethnic Afghan Army that can address Afghani- express in regular helpings. This process, of I fully support the conference report and urge stan’s long-term security needs. But some- using strong and vital proposals to shield what all my colleagues to support this critical legis- thing must be done now, whether it is the ex- is essentially pork, afford the hard working tax- lation. pansion of a multinational force or through payers in this country a valid complaint Mr. Speaker, I rise today to address a very some other mechanism, to stabilize the coun- against their government. important provision that is contained in this tryside. Neither we nor our Afghan friend have I have read and reread the bill, Mr. Speaker. legislation, section 603 of the Supplemental the luxury to wait until a future Afghan security I shook my head with disgust and held my Appropriations Act, relating to the dangerous force is fully trained and deployed. breath when casting my aye vote. My vote security situation on Afghanistan, which is Section 603 requires the Administration to supports our efforts to defend this great coun- jeopardizing U.S. efforts to stabilize and de- address this issue in a constructive way. It re- try and to protect our interests in other lands. mocratize that war-torn nation. On May 21, quires the Administration to formulate a strat- However, I know that this supplemental could 2002, I offered an amendment to H.R. 3969, egy to increase security in the country during have been better and I know for a fact that our the Afghanistan Freedom Support Act of 2002, the transaction to a fully functioning national constituents deserve better. which is substantially similar to section 603 army and police force. I fear that a failure to Mr. PETRI. Mr. Speaker, first the good news. I am pleased that this conference report and was adopted by vote of 407–4. My do address the security situation may lead to includes language that provides that adjust- amendment and section 603 require the Ad- a failed Afghanistan, reduced instead of in- ments in obligation authority for the federal ministration to submit a strategy for address- creased international assistance, delays in the highway program due to the Revenue Aligned ing this critical problem. Under section 603, accomplishment of U.S. military objectives and Budget Authority (RABA) calculation will be the Administration is required to submit a re- a far longer engagement for our military in the zero for fiscal year 2003. This will ensure that port on the strategy for meeting the immediate region. the obligation levels behind the budget firewall security needs, and a further report within 90 Mr. LEVIN. Mr. Speaker, I will support the for fiscal year 2003 will be at TEA 21 esti- days on the long term strategy for meeting conference report on the supplemental appro- mated levels for the year ($27.7 billion) and long term security needs in Afghanistan. priations bill when it comes to a vote this after- about $4.4 billion over what was included in Mr. Speaker, the United States and its coali- noon because of the funds provided for the the President’s budget. The lower budget tion partners have freed Afghanistan from the war on terrorism, homeland security, and as- number in the President’s budget was a result choke-hold of the al-Qaeda terrorists and the sistance to the city and state of New York. of adjustments made to correct previous over- repressive regime of the Taliban. With the That said, there are provisions in this bill estimates for 2001 revenues and lower esti- support of the international community, a new, that have nothing to do with these important mates for future revenues. interim authority is in place and the country is, objectives. One provision will undo a past trade commitment that the U.S. made in good However, it is important to note that there is uncertainly, on a path to peace and stability. faith to the countries of the Caribbean Basin no reason why Congress cannot provide fund- But that very peace and stability is being region. That commitment relates to the rules ing in addition to this ‘‘minimum’’ guaranteed threatened, and the new government of Af- of origin for apparel products under the CBI level of funding and, indeed, the Highway ghanistan, led by Chairman Hamid Karzai, is program. This bill includes changes to those Trust Fund can support additional funding. being undermined by lawlessness and insecu- rules of origin that make the program much This provision is identical to what was ap- rity. Afghanistan is in grave danger of relaps- more restrictive. proved by the House earlier this year when ing to the very conditions of violence and We all know why these provisions are being H.R. 3694, the Highway Funding Restoration warlordism that created the Taliban and at- included—it is to make good on a deal made Act, was passed by a vote of 410–5 and will tracted al-Qaeda to operate in Afghanistan. by House Republican leadership with a few provide for more stable highway funding for This is not the vision we had for Afghanistan Republican Members from textile states in the states. as we sought to help liberate it from the grasp order to secure those Members’ votes for a Now, the bad news. In an unprecedented of the terrorists and the Taliban. President fundamentally flawed fast track bill. move, the conferees have included a Senate Bush has pledged to help restore security and The CBI bill was crafted carefully on a bi- provision that rescinds $320 million in contract rebuild Afghanistan, and Secretary Rumsfeld partisan basis and it was an opportunistic, se- authority from the Highway Trust Fund that has himself noted on many occasions that serious mistake to undo the provisions in that has already been distributed to the states. In curity is fundamental to all other issues and bill. The irony is that it is most likely that the my more than 20 years here in the House, I objectives in Afghanistan. Mr. Speaker, if this promises in this bill will prove to be a pyrrhic cannot remember a time when states have was not clear on May 21, when I first raised victory. had to give back federal highway apportion- this issue, it certainly is now. A key member Provisions in the House bills on fast track ments. of the Karzai Government, Vice President Haji and Andean Trade Preferences would signifi- Mr. Speaker, this move is objectionable on Abdul Qadir, was assassinated on July 6, cantly expand imports of textiles and apparel many levels. 2002. The assassination of this key Pashtun products from various countries—to a much Contract authority from the Highway Trust leader highlighted the instability in Afghanistan larger degree than the trade at issue in this Fund is under the exclusive jurisdiction of the that threatens the U.S. mission there. And just dyeing and finishing provision. The House Re- Transportation and Infrastructure Committee. It this week, Secretary of Defense Rumsfeld an- publican leadership therefore has been giving is not the place of the Appropriations Com- nounced that U.S. soldiers, including U.S. spe- with one hand and taking away with the other. mittee to rescind contract authority. Under the cial forces, will protect President Karzai, per- In a way, this dyeing and finishing amend- Rules of the House, this is a violation and haps for several months, in order to protect ment encapsulates the trade policy of the cur- would be considered legislating on an appro- the nascent political process that is taking rent Administration. It is going back and forth, priations bill. It should be of grave concern to place. I could not agree with him more when with no direction. all those Members who are not on the Appro- he said that it is important that the political It is a reflection of the basic flaw of the priations Committee—which is about 85 per- process in that country ‘‘not be negated by vi- House Republican leadership to approach cent of us—to see the continued usurpation of olence.’’ trade policy as a purely political issue and authorizer’s authority and the long arm of the Mr. Speaker, the Bush Administration deci- thumb its nose at bipartisanship from the very appropriators reaching beyond their legitimate sion to protect President Karzai speaks vol- outset. powers and authorities.

VerDate Jul 19 2002 01:37 Jul 25, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 9920 E:\CR\FM\A23JY7.129 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5229 In addition, this is a terrible precedent. For the utilities, I must say that I am very troubled This bill also withholds funding for critical decades, the Public Works and Transportation that this bill does not contain any funding to UN family planning efforts that are vital in Committee, as our Committee was known aid the New York City Board of Education with combating poverty and hunger throughout the back then, worked diligently in support of ef- its costs because of the September 11th ter- world. forts to take the Aviation and Highway Trust rorist attack. I do support a great deal of what is funded Funds off-budget. And it was just because of I, along with many members of the New in this bill. We must crack down on corporate budget games such as this that were played York Congressional Delegation, and especially fraud. We should make college more afford- with Trust Funds that spurred that effort. We my friend and colleague Representative JOHN able for all Americans by boosting Pell Grant made real progress in TEA 21 where, for the SWEENEY, who tried to include the aid in Com- funding. We need to do more to help the vic- first time, highway spending levels are linked mittee, have been working on this important tims of domestic violence and assist poor to revenues coming into the Trust Fund. If the issue since the Board came to us with their mothers and their children. We should assist Appropriators are able to use the Trust Fund concerns. Because of the attack, the Board local communities and first responders in their for budget gimmicks today, what is to stop has incurred costs such as making up for lost emergency preparedness efforts. We ought to them from doing so again in the future. Per- instructional time, clean up and repair of im- boost the security of our transportation sys- haps we should be thankful that the rescission pacted buildings, transportation for relocated tems and at our ports. in this bill is ‘‘only’’ $320 million, when, I un- students, and the loss of perishable food and America should also be a responsible force derstand, it could have been a lot more. But lunch revenues. Our goal simply has been to abroad as well by helping Afghanistan rebuild, we must stop manipulating the Trust Fund and obtain for the New York City schoolchildren giving needed humanitarian aid to refugees, the highway program for illusory budget rea- the same kind of aid that was made available and providing support to vital global health sons. to the Northridge schools following the 1994 care initiatives like the fight against HIV/AIDS. But perhaps most important is the impact on earthquake. FEMA indicated that it wanted to I support all of these important endeavors. state transportation plans and programs. help, but lacked the necessary authority. But, unfortunately, this bill is far too flawed to States receive contact authority each year in After months of correspondence with FEMA, gain my vote. I urge my Republican col- we believed that to provide the Board with this accordance with TEA 21 in the various high- leagues to think about what our priorities funding, language needed to be included in way program categories. They are able to tar- should be and consider the consequences this the Supplemental Appropriations bill directing get obligation authority (which is typically less bill imposes on our nation’s and the world’s fu- FEMA to reimburse the Board. However, even than contract authority) received each year ture. among the various programs to meet specific after the inclusion of such language by our Mr. YOUNG of Florida. Mr. Speaker, colleagues in the other body, FEMA and OMB transportation priorities and needs. This flexi- I yield back the balance of my time. have indicated that this language is not suffi- bility is needed by the states to properly man- The SPEAKER pro tempore (Mr. cient, and the FEMA still lacks the authority to age and plan to ensure the most efficient and HASTINGS of Washington). All time has reimburse the Board. I am very disappointed effective highway program. If suddenly a state expired. with FEMA’s inability to come to the aid of must give back contract authority (and I under- Without objection, the previous ques- New York City’s schoolchildren, who have stand DOT will require an across the board re- tion is ordered on the conference re- done nothing wrong and deserve to have the turn of contract authority from among the var- port. best possible educational experience. ious funding categories), states lose this vital There was no objection. flexibility. And some states may have large Mr. Speaker, the events of September 11th are unprecedented in our nation’s history. As The SPEAKER pro tempore. The amounts of contract authority in only a few question is on the conference report. categories, so that impact would be felt more a result, President Bush pledged that his administration would do whatever it takes to re- Pursuant to clause 10 of rule XX, the deeply in other programs. yeas and nays are ordered. I understand this rescission has been justi- build New York City. While we appreciate his Pursuant to clause 8 of rule XX, fur- fied on the basis of budget authority ‘‘savings’’ support and much of the good work that has ther proceedings on this question will that were necessary to meet target spending already occurred, the red tape that seems to be postponed. levels. It is distressing that the Transportation be tying up the aid for the New York City Committee offered up over $1 billion in sav- schools must be cut as soon as possible. I am f ings from the loan guarantee program under hopeful that we will be able to come to some GENERAL LEAVE resolution with FEMA so that the Board can the Air Transportation Safety and System Sta- Mr. ISTOOK. Mr. Speaker, I ask bilization Act of reducing the outstanding loan continue its preparations for the upcoming unanimous consent that all Members authority down to the value of all pending loan school year. may have 5 legislative days within applications. However, conferees did not avail Mr. STARK. Mr. Speaker, I rise today in op- which to revise and extend their re- themselves of this option and instead chose to position to the Supplemental Appropriations marks on H.R. 5120, and that I may in- focus on the highway program. bill for Fiscal Year 2002. The proper course of action to take would The Republicans have created a bill that clude tabular and extraneous material. be to restore this contract authority as we con- throws important priorities in with a laundry list The SPEAKER pro tempore. Is there tinue the appropriations process for fiscal year of poor choices. I can’t in good conscience objection to the request of the gen- 2003. I trust the appropriators and leadership vote for a bill that in one breath provides bil- tleman from Oklahoma? will work with us to ensure this correction is lions in new funding for defense while cutting There was no objection. made. a reasonable investment in America’s infra- f Mr. Speaker, we simply cannot begin to play structure and public housing. TREASURY AND GENERAL GOV- I can’t support a bill that authorizes spend- with the highway contract authority given to ERNMENT APPROPRIATIONS ACT, ing—to the tune of $29.8 billion—that the the states. We have never required them to 2003 ‘‘give back’’ contract authority already distrib- President already said he would veto. It is crit- uted. This is a very dangerous precedent and ical that we make funding for transportation The SPEAKER pro tempore (Mr. I trust we will go no further down this road in safety available as quickly as possible. But we LEWIS of California). Pursuant to the future. can’t be effective if we don’t provide the fund- House Resolution 488 and rule XVIII, Mrs. MALONEY of New York. Mr. Speaker, ing the Transportation Safety Administration the Chair declares the House in the I rise in support of this very important legisla- says it needs. The Secretary of Transportation Committee of the Whole House on the tion. says passage of this bill will delay the installa- State of the Union for the consider- I want to express my sincere thanks and tion of screening and detection systems need- ation of the bill, H.R. 5120. happiness that the funding for New York’s re- ed to keep weapons and explosives off our b 1510 covery has been included in this bill. airlines. I would like to also note that this legislation This bill opens the door for U.S. military in- IN THE COMMITTEE OF THE WHOLE includes $90 million for a longterm study that volvement in Colombia, moving us one step Accordingly, the House resolved will be conducted by Mt. Sinai hospital to track closer to being mired in a civil war there. I itself into the Committee of the Whole the health impact of 9/11 on the dedicated and cannot support this, just as I have always op- House on the State of the Union for the courageous response-and-recovery workers at posed the United States giving funding to consideration of the bill (H.R. 5120) the World Trade Center. other nations to purchase weapons that might making appropriations for the Treas- However, while I am pleased that this study be used to wage war or harm innocent civil- ury Department, the United States was included and that we are taking care of ians. Postal Service, the Executive Office of

VerDate Jul 19 2002 01:37 Jul 25, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.144 pfrm17 PsN: H23PT2 H5230 CONGRESSIONAL RECORD — HOUSE July 23, 2002 the President, and certain Independent cept for that which is necessary for Federal Government. That includes Agencies, for the fiscal year ending homeland security. Instead, it is be- site acquisition, design and/or con- September 30, 2003, and for other pur- cause we have a special provision in struction of some 11 courthouses, try- poses. this bill for $200 million in support of ing to take care of the overburden that The Chair designates the gentleman reforming election administration currently is being placed upon our judi- from California (Mr. DREIER) as the through the country to enable the pur- cial system. chairman of the Committee of the chasing of up-to-date, modern election The bill has major funding regarding Whole, and requests the gentleman equipment so we do not have the dif- information technology. A lot of that from Washington (Mr. HASTINGS) to as- ficulties in future Presidential elec- is related to trade and to homeland se- sume the Chair temporarily. tions that we saw happen in 2000. curity. The bill includes $439 million The Clerk read the title of the bill. Secondly, in the base operations for for the Customs automation program, The CHAIRMAN pro tempore. Pursu- the U.S. Customs Service, which is including a total of not less than $317 ant to the rule, the bill is considered as charged with overseeing some $8 billion million for modernizing the automated having been read the first time. worth of goods that come into the U.S. commercial system, the ACE program. Under the rule, the gentleman from each day and making sure those are Mr. Chairman, it is this modernization Oklahoma (Mr. ISTOOK) and the gen- not a conduit for bringing in a weapon program within Customs that I believe tleman from Maryland (Mr. HOYER) of mass destruction or for bringing in will ultimately form the information each will control 30 minutes. backbone for the forthcoming Depart- The Chair recognizes the gentleman someone else that might be a threat to our homeland, to fund those operations ment of Homeland Security, because from Oklahoma (Mr. ISTOOK). Mr. ISTOOK. Mr. Chairman, I yield and continue the level of increases in this database ties in not only Federal myself such time as I may consume. border security that this subcommittee law enforcement but some 58 Federal Mr. Chairman, I am pleased to has been proposing in the past, we have agencies, giving them the interfacing present to the House H.R. 5120. This is $250 million that the President wanted and the access to sharing information the fiscal year 2003 appropriations to have offset by fee increases. We are that we have seen is so sorely lacking measure for Treasury, Postal Service not increasing the fees that are gen- today among Federal agencies. Not and General Government. I believe we erated by the Customs Service, but we only is this an initiative our sub- have a good bill, Mr. Chairman, one are handling this increase by direct ap- committee has been accelerating, but that puts the proper focus on homeland propriation. it is something that has laid the groundwork for the forthcoming De- security and Federal law enforcement, b 1515 on securing the borders and protecting partment of Homeland Security. Again, that is the other key reason our homeland. In regard to information technology, I am pleased to say this bill has the why there are differences between our we also include $436 million for the support of the gentleman from Mary- numbers and those in the President’s business systems modernization of the land (Mr. HOYER), the ranking member. proposed budget. Internal Revenue Service, so taxpayers I know that the gentleman from Mary- As reported by the committee, this will no longer have the waiting game land (Mr. HOYER), as many of us, con- bill provides a total of $4.2 billion for and the wondering game that they tinues to have concerns about different securing our homeland. This includes sometimes have right now when trying provisions in this bill. That is common, not only funding for the Office of to get their complex tax situations and I am committed to resolving the Homeland Security, which is currently straightened out with the IRS. concerns of all Members as we wind our part of the Executive Office of the And we fund $5 million for the Presi- way through the legislative process. President, but it also includes funding dent’s e-government proposal as well. Briefly, I would like to explain some- for the U.S. Customs Service, for the In regard to legislative items, we thing about the overall numbers in this Secret Service and for the Federal Law have a number of historical provisions bill. We have received certainly a fair, Enforcement Training Center, which is that are a part of this bill. One of them a very good allocation from the chair- having to provide the training for the is maintaining the current law that man, the gentleman from Florida (Mr. increasing number of Federal law en- prohibits using funds to pay for abor- YOUNG), on our subcommittee’s portion forcement officials that we have need- tions through the Federal employees of this year’s appropriation. Our com- ed and been putting in place ever since health benefits plan which is the insur- mittee’s allocation is a total $18.5 bil- 9/11 and, indeed, which this sub- ance program for Federal workers. This lion in discretionary resources for fis- committee was increasing even before is a provision that has been a part of cal year 2003. In the charts that accom- 9/11. this bill for a number of years, as is the pany the report, some indicate that the This bill also includes a total of continued requirement that FEHBP level appears to be below the Presi- $246.4 million for the HIDTA program. providers include coverage for prescrip- dent’s request by some $207 million. Al- HIDTA is high intensity drug traf- tion contraceptive services under cer- though that certainly appears attrac- ficking areas. This is providing special tain circumstances and limitations. tive to fiscal conservatives such as my- funding for Federal, State and local co- We also have a number of other self, I would like to point out what ap- ordination to combat the scourge of il- measures in this bill that, frankly, Mr. pears to be a reduction is the con- legal drugs. The HIDTA money is an Chairman, will probably consume most sequence of scorekeeping adjustments increase of $20 million above the cur- of the debate time, even though they related to the fact that the President’s rent year’s funding. are not the focus of this bill. The focus proposal had some accrual accounting Although nominally the bill reduces of this bill is the Treasury Department, in his budget proposal for fiscal year funding for the national youth anti- the White House, the Executive Office 2003, accrual accounting that was not drug media campaign by $10 million, it of the President, Federal law enforce- included in the actual bill. actually increases the amount that is ment, almost half of which is funded Therefore, there is something like a going to be applied to the national through this bill, the Secret Service, $745 million difference caused by those campaign, the advertising campaign, to the Bureau of Alcohol, Tobacco and score-keeping adjustments. If we ex- discourage the use of illegal drugs by Firearms, and the Customs Service clude that accrual accounting and we our young people. What we have done with its significant role regarding bor- just compare apples to apples, pro- is to take the difference out of the bu- der security and homeland security. grams for fiscal year 2003 to fiscal year reaucracy that had been growing with- However, probably most of the debate 2002, we will find that when compared in the Office of National Drug Control time will be consumed in debate, such to last year’s fiscal year 2002 enacted Policy and mandate that they increase as travel to Cuba, which I know is a level, it is above the President’s re- the amount that is actually being ex- subject of interest to a great many quest, above fiscal year 2002 by $149 pended on actual advertising. Members. It is not the thrust of this million and above the President’s re- The bill also provides some $646 mil- bill, but it is probably a debate that we quest by $538 million. lion for the construction program of will get into, nevertheless. This is not the result of extra spend- the General Services Administration Because we have so many amend- ing that we wanted to accomplish ex- which, of course, is the landlord for the ments that Members wish to offer to

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VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.187 pfrm17 PsN: H23PT2 Insert offset folio 405/10 here EH23JY02.027 H5242 CONGRESSIONAL RECORD — HOUSE July 23, 2002 Mr. Chairman, I reserve the balance leaders, including Speaker HASTERT On balance, however, Mr. Chairman, of my time. and Chairman YOUNG, for their com- this bill is an improvement from the Mr. HOYER. Mr. Chairman, I yield mitment to include this important President’s request, and despite some myself such time as I may consume. funding. I would observe, however, Mr. disagreements with its contents, I ask I want to thank the gentleman from Chairman, that this funding, should my colleagues to support it in its cur- Oklahoma (Mr. ISTOOK), the chair of the authorization bill pass, will be very rent form. our subcommittee, for the leadership substantially inadequate, and I will be Mr. Chairman, I reserve the balance he has shown on this bill. I want to seeking supplemental funds in the of my time. thank our staff, particularly our staff event that the election reform author- Mr. ISTOOK. Mr. Chairman, I yield director, Ms. Michelle Mrdeza, Jeff ization bill passes prior to us com- such time as he may consume to the Ashford, Kurt Dodd, Walter Hearne, pleting conference or completing the gentleman from Indiana (Mr. SOUDER). Tammy Hughes and Randy Cogga, who final passage of this bill. Mr. SOUDER. Mr. Chairman, first I is a detailee working with us. I also The bill also includes several provi- would like to congratulate my friend want to thank my own staff, Mike Ma- sions that benefit Federal employees, and colleague from Oklahoma for an lone and Scott Nance, who have done including language that provides Fed- excellent job with this bill and I en- an outstanding job. I also want to eral employees with its comparability joyed working with him. thank Chairman YOUNG for his assist- adjustment comparable to that of the Mr. Chairman, I also would like to ance, and Ranking Member OBEY for military. This adjustment is 1.5 per- engage the gentleman in a brief col- providing an allocation that is work- cent higher than the President’s re- loquy with respect to the funding for able. And I want to thank Chairman quest. the drug-free communities program. Although most of this bill is support- ISTOOK, as I said earlier, for working One of the items authorized and appro- able, there are some issues in the bill with us. priated under that program is the Na- that I disagree with. For the first ac- Although we disagree on some of the tional Community Antidrug Coalition counts program, which attempts to funding levels and provisions included Institute. This is a new program which provide access to those who are in this bill, our views have generally was intended to be a grant to a private ‘‘unbanked’’ in this country, the bill been incorporated in the bill. The bill provides restrictive provisions that sector entity to help train local com- provides for $18.5 billion in discre- may ruin the program. I am hopeful munity antidrug coalitions. It is my tionary budget authority, $148 million that we will drop those in conference. understanding that the Federal grant higher than fiscal year 2002, a rel- Although the bill provides $4 million manager has expressed its intent to ex- atively modest number. This bill pro- for the program, $2 million above the ercise ‘‘substantial Federal involve- vides $3.128 billion for the Customs fiscal year 2002 level, these provisions ment’’ in the institute’s administra- Service, $127.3 million above the Presi- may severely limit the ability of the tion. This was not our intent in author- dent’s request. This will allow the Cus- Treasury Department to have a suc- izing this program. Is it the chairman’s toms Service to meet their homeland cessful program. These limitations intention that the appropriated fund- security needs as well as address other seem to have been developed without ing here is to be used exclusively for a issues such as modernization of their full information, in my opinion, about grant to a private sector entity and not antiquated import data system known their impact. for Federal administration or activi- as ACE. I am also concerned about the com- ties in connection with the institute The bill provides $185 million to the mittee’s elimination of the savings other than grant administration? Federal Law Enforcement Training bonds program’s $22 million marketing Mr. ISTOOK. Mr. Chairman, will the Center, $30 million above the Presi- budget. To have a program to sell sav- gentleman yield? dent’s request, in order to handle the ings bonds without the ability to mar- Mr. SOUDER. I yield to the gen- additional workload related to the ket them, in my opinion, does not seem tleman from Oklahoma. training of Transportation Security to make sense. Mr. ISTOOK. Mr. Chairman, I thank Agency personnel. I also continue to be concerned with the gentleman for yielding. The bill adds $32 million back to the lack of information received from The committee intention is, as stat- Treasury law enforcement agencies the Office of Homeland Security. This ed, to support the private sector and that was cut in the President’s budget bill includes $24.8 million for that of- not to fund the conduct or administra- for unspecified nonpay inflation costs. fice, despite our frustrations with the tion of this program by government I intend to work with the chairman to limited amount of information pro- employees other than issuing the grant add back funding to all Treasury agen- vided to this committee. Let me speak itself. cies that were forced to take this cut. to that for 1 minute, Mr. Chairman. I Mr. SOUDER. I thank the gentleman The bill provides close to the full asked the representative of the White for the colloquy. funding amount for the IRS which will House who testified on this budget Mr. ISTOOK. Mr. Chairman, I yield enable them, Mr. Chairman, to increase whether or not he could tell me how such time as he may consume to the compliance efforts and continue to this money was to be spent. He said he gentleman from Georgia (Mr. modernize their business systems. could not. I asked him had he put this CHAMBLISS). The bill, in addition, provides $246 money together and had he planned Mr. CHAMBLISS. Mr. Chairman, I million, $40 million above the request, this budget. He said he had not. I asked would first of all like to also congratu- for high intensity drug trafficking him had he discussed this matter with late Chairman ISTOOK on a fine bill areas, and $55.8 million, $15 million Governor Ridge as to how these funds that he and my friend, the gentleman above the request, for the counterdrug were to be spent. He said he had not. from Maryland (Mr. HOYER), have research and technology transfer pro- Notwithstanding that fact, Governor brought forth today. I would like to grams at the Office of National Drug Ridge refused to testify before our speak with him about an issue that is Control Policy. committee. I want to say in fairness to of particular importance to me, Mr. For the General Services Administra- Governor Ridge, I believe that was Chairman. tion, the bill includes $606.4 million for under the instructions of the White Last year as a part of the Floyd the construction of Federal buildings. I House and, furthermore, Governor Spence National Defense Authorization would like to point out that $177 mil- Ridge did make himself available to Act for Fiscal Year 2002, I reinstated lion is included to construct a new cen- the committee for discussions. But it the Monroney amendment for Federal sus building in Suitland, Maryland, and was an item that we should have had DOD employees. $45.5 million for the continued consoli- hearings on, we should have had testi- As the gentleman knows, the dation of FDA. mony on, and we did not. I continue to Monroney amendment provides that In addition to the $400 million in- believe that the director of that office, whenever there is a shortage of com- cluded in the fiscal year 2002 supple- Homeland Security, should testify parable occupations in private industry mental bill, this bill provides an addi- within the regular committee hearing in a given wage area, the wage survey tional $200 million for election reform process so that we can exercise our must use comparable pay data from the administration. I want to thank our constitutional right of oversight. nearest wage area that is determined

VerDate Jul 19 2002 01:37 Jul 25, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.109 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5243 to be similar in nature of its popu- letter to my constituents, boxes and Stating that, this community’s prob- lation, employment, manpower and in- boxes containing undelivered news- lems are just the tip of the iceberg. I dustry. Previously this amendment letters get sent back to my office for have heard of mail complaints in was not available to Federal DOD em- different reasons. Sometimes the Post Throggs Neck, Soundview and Co-Op ployees. Office says there is no such address, City, just to name a few places, mean- I would also like to stress the impor- but, most frustratingly, some get re- ing more must be done. tance of this because of the problems turned for insufficient postage. Some Again, I thank the gentleman from we are having in recruiting and retain- employees at the Post Office do not New York (Mr. SERRANO) for yielding ing a skilled workforce in our public seem to recognize the Congressional me this time, as well as the gentleman military depots. frank. from Oklahoma (Chairman ISTOOK) and I would particularly like to discuss I have repeatedly tried to work with the ranking member, the gentleman the pay limit that is unfairly limited the local postmaster, as well as re- from Maryland (Mr. HOYER) for their on blue collar Federal DOD employees gional postal service officials. I have actions to improve mail delivery for during the transition to one wage had a representative from the Post- my constituents. scale. These blue collar employees are master come to my Washington office I also want to recognize the great a key component to our national secu- to try to work out the problem. We work of City Councilwoman Madeline rity and to our warfighting capability. showed her the boxes and boxes that Provenzano, as well as members of the Recruitment and retention of these have been returned to my office. Unfor- Assembly, Kaufman, Klein and Rivera highly skilled workers is imperative. tunately, while much was promised at for bringing this issue to my attention. However, during this transition to a these many meetings, little was deliv- Mr. ISTOOK. Mr. Chairman, will the fair and equitable pay adjustment, a ered. gentleman yield? Mr. SERRANO. I yield to the gen- pay cap in the Treasury-Postal bill My good friend and colleague who shares part of the problems with me, tleman from Oklahoma. hinders that progress. Mr. ISTOOK. Mr. Chairman, to an- I ask the chairman that we discuss the gentleman from New York (Mr. CROWLEY) requested language included swer the questions posed by the gen- ways to overcome and work out the tleman from New York (Mr. SERRANO), hurdles that stand in the way of elimi- in your report to require a general study of the postal situation at Morris yes, I think we can definitely work to- nating this pay disparity. gether to address his concerns about Mr. ISTOOK. Mr. Chairman, will the Park and the Bronx with recommendations to be made to ameliorate the postal service in the Bronx. The gen- gentleman yield? tleman is correct that we have in- Mr. CHAMBLISS. I yield to the gen- problems. I salute his efforts. I would like to go further and work cluded report language at the request tleman from Oklahoma. with the chairman and ranking Demo- of the gentleman from New York (Mr. Mr. ISTOOK. I thank the gentleman crat to expand the study to the entire CROWLEY) concerning the Post Office in from Georgia for bringing these con- Bronx to send a strong message to the Morris Park. We have recommended cerns to our attention, and certainly I Postmaster General that the current that the Postal Service investigate this am open to working with him. I am situation in the Bronx is intolerable. situation and report recommendations compelled to add, however, that the Mr. Chairman, I would ask, would the for corrective action, reporting that to wage-grade issue is exceedingly com- chairman and ranking member work the committee. plex, and I would want to be very care- with me in putting an end to this long- When we go to conference with the ful about any proposals that may be term problem? Senate, we can and will work with the advanced. Mr. HOYER. Mr. Chairman will the gentleman from New York (Mr. b 1530 gentleman yield? SERRANO) to come up with additional Mr. SERRANO. I yield to the gen- report language to take care of the I should also add that the author- tleman from Maryland. issue regarding the Postal Service in izing committees have jurisdiction Mr. HOYER. Mr. Chairman, I cer- the Bronx, presuming, of course, that over this issue and, therefore, it is nec- tainly have every intention of working the distinguished ranking member of essary that they should be involved in with the gentleman. It is a significant the committee has no objections. any proposed reform that might in- and real problem that he brings up, and Mr. HOYER. Mr. Chairman will the volve this bill. we want to work with him on that. gentleman yield? Mr. CHAMBLISS. Mr. Chairman, re- Mr. CROWLEY. Mr. Chairman, will Mr. SERRANO. I yield to the gen- claiming my time, I thank the gen- the gentleman yield? tleman from Maryland. tleman from Oklahoma for his coopera- Mr. SERRANO. I yield to the gen- Mr. HOYER. Mr. Chairman, I echo tion and understanding of this matter, tleman from New York. the gentleman’s comments. Certainly I and I appreciate the beginning of a dia- Mr. CROWLEY. Mr. Chairman, I will indicate I have no objections, and logue on this issue. thank my colleague and good friend look forward to working with the Mr. HOYER. Mr. Chairman, I yield 3 from the Bronx for yielding during this chairman, with the gentleman from minutes to the gentleman from New colloquy to reiterate the statements New York (Mr. SERRANO) and with the York (Mr. SERRANO), for the purpose of made by him regarding the mail deliv- gentleman from New York (Mr. CROW- entering into a colloquy. ery problems we are experiencing in LEY) on these important issues that Mr. ISTOOK. Mr. Chairman, I yield 2 the Bronx in New York. they have raised. minutes to the gentleman from New Like the gentleman from New York Mr. SERRANO. I thank you both, and York. (Mr. SERRANO), I have heard from far I congratulate you on bringing a good The CHAIRMAN pro tempore (Mr. too many of my constituents about bill to the floor. HASTINGS of Washington). The gen- mail delays, misdelivered mail, lost Mr. ISTOOK. Mr. Chairman, I yield 3 tleman from New York (Mr. SERRANO) mail, late deliveries, 9 o’clock at night, minutes to the gentleman from New is recognized for 5 minutes. and even no mail delivery at all. One of York (Mr. SWEENEY), a member of our Mr. SERRANO. Mr. Chairman, I the most affected areas in the Bronx is subcommittee who has done excellent would like to engage the chairman and the Morris Park Post Office. work on this measure. ranking Democrat of the subcommittee I would like to express my deep grati- Mr. SWEENEY. Mr. Chairman, I in a colloquy. tude to the gentleman from Oklahoma thank the gentleman for yielding me Since before I was elected to Con- (Chairman ISTOOK) and the ranking time. gress, I have heard repeated requests member, the gentleman from Maryland Mr. Chairman, I just simply wanted from my constituents for assistance in (Mr. HOYER), for including report lan- to take some time to come down at the dealing with Bronx post offices. Con- guage that was mentioned by the gen- introduction of this bill at the begin- tinuing problems include lost mail, tleman from New York (Mr. SERRANO) ning of what will be a very long debate misdelivered mail, late night deliv- mandating that the New York Post Of- and long night on a number of issues eries. You name it, we have it. fice headquarters conduct a study and important to the Nation and important I have witnessed service problems implement recommendations to im- to the Nation’s security to congratu- firsthand. Whenever I send out a news- prove the mail delivery in Morris Park. late my good chairman, the gentleman

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.188 pfrm17 PsN: H23PT2 H5244 CONGRESSIONAL RECORD — HOUSE July 23, 2002 from Oklahoma (Mr. ISTOOK), for the and I appreciate her help and assist- percent pay increase adjustment for all tremendous work done and my friend ance. Federal employees. the ranking member, the gentleman Mrs. MEEK of Florida. Mr. Chair- The bill does have some problem from Maryland (Mr. HOYER), for really man, I want to thank my colleague and areas. As I previously discussed, South balancing some critical priorities in leader, the gentleman from Maryland Florida needs more Customs employees this process. (Mr. HOYER), for yielding me time. I at Miami International Airport and the This is one of those bills that every want to thank my chairman, the gen- Miami Seaport. We are very vulnerable year is critical to our homeland secu- tleman from Oklahoma (Mr. ISTOOK), in those two areas. rity, and I am very proud to be part of and the staff, both majority and minor- I remain very concerned about the a committee that, not only in a period ity staff members. level of Customs staffing in South of time of great economic concern were Also I want to thank the gentleman Florida and whether the overall level we able to balance those economic from Wisconsin (Mr. OBEY) and the of staffing at Customs is sufficient to needs and changing wants, but also, ob- gentleman from Florida (Mr. YOUNG) meet the many new challenges and viously, since September 11, it is a pe- for giving us the kind of 302(b) alloca- threats that we are asking Customs to riod of time in which our national se- tion that allowed our committee this meet. curity, our homeland security, are at time to fund the Customs Service pro- We do need a very strong Customs greater risk and greater sensitivity to gram without having to resort to an Service serving as our first line of all of us. additional fee increase on airline pas- homeland defense. It is more important This subcommittee had a perilous sengers. We did not really need that. now than ever. Customs projections task in balancing those priorities, and While we only got enough money for through its resource allocation model did so in such a responsible manner, in a down payment on correcting the have demonstrated a need for thou- protecting our borders from threats, problems that arose during the 2000 sands more staff, mostly inspectors and new and old, many of those threats presidential election, we needed more, special agents. I cannot underline this changing in unimaginable ways in the the gentleman from Maryland (Mr. need too strongly, Mr. Chairman. None past year. The bill provides critical HOYER) did an outstanding job of lead- of the Customs locations show a de- funding to protect our borders in a ing this effort. Of course, $650 million cline in workload or staff coverages, so time of heightened security. is in the bill for election reform. That reallocation of staff does not appear to The Subcommittee on Treasury, is a very good start. be a realistic option. We should not Postal Service and General Govern- Mr. Chairman, this is a good bill that have reallocated staff in that regard. ment was able to respond to the I intend to support. The bill before us We need to ensure that Customs re- changes we have faced. We have in- today is a big improvement over the ceives the resources it needs to do its cluded increases of over $24 million for President’s request. However, the bill job effectively. Customs Services’ salaries and ex- has a number of problem areas that Mr. Chairman, as I have noticed on penses, including over $21 million for still need to be addressed before the many occasions, there is also a percep- its Northern Border Staffing. I am process concludes, such as three ‘‘poi- tion among many of my constituents pleased with the response of the sub- son pill’’ restrictions on the First Ac- that the IRS and the Congress care committee in addressing the needs of counts Program and the unfortunate more about chasing tens and hundreds the facilities protecting our borders, in decision to limit the future marketing dollars from EITC claimants than col- particular, because close to my district of the savings bonds program. lecting thousands and, in some cases, in upstate New York the Port of Cham- This bill became worse when we millions of dollars from high income plain Border Crossing has been in need adopted a rule permitting a point of taxpayers. for a great many of years, and this bill order to be raised against the DeLauro In conclusion, Mr. Chairman, the includes $5 million for desperately language that restricts the award of First Accounts Program is a very im- needed updates and facility repairs. new Federal contracts to companies portant program, not only to me but to Not only does the bill provide the that have moved out of the United many of the unbanked people in this necessary funding to protect our bor- States and incorporated in tax-haven country. I do hope as this bill moves ders from newly exposed threats, it countries in order to avoid U.S. taxes. forward and goes into conference that also maintains support for local law Let me mention just a few of the the committee and the conference com- enforcement in fighting the war on items in the bill and report that I par- mittee will think of trying to return drugs. An additional $20 million is ap- ticularly like, and then turn to prob- banking privileges to these unbanked propriated for high-intensity drug traf- lem areas. I commend my committee people. ficking areas. Stopping drugs at our for restoring over $32 million of non- Mr. HOYER. Mr. Chairman will the borders and helping local law enforce- pay inflationary increases for Treasury gentleman yield? ment agencies is a critical function of law enforcement. That was needed, and Mrs. MEEK of Florida. I yield to the this committee. We were able to do I want to congratulate the committee gentleman from Maryland. that, maintain those basic commit- for doing so. MR. HOYER. Mr. Chairman, we will ments to programs that preceded Sep- The $316.9 million investment that is certainly support the gentlewoman’s tember 11, and indeed, adjust some of proposed for the ACE, the Customs efforts in that regard. I think she is ab- those priorities to address the new modernization project, is urgently solutely right. changing challenges. needed. This money will help the trade Mr. ISTOOK. Mr. Chairman, I yield 5 I want to, finally, thank and con- community and law enforcement tre- minutes to the gentleman from Florida gratulate the committee staff who do a mendously. It certainly is needed in (Mr. SHAW) for the purpose of engaging phenomenal job keeping Members in- Miami. Despite the President’s failure in a colloquy. formed. I remember the days imme- to request it, I commend the com- Mr. SHAW. Mr. Chairman, I rise to diately following the attacks of Sep- mittee and the gentleman from Okla- engage the distinguished chairman of tember 11 and the myriad of questions homa (Mr. ISTOOK) for providing an ad- the subcommittee and the distin- that were being asked by my constitu- ditional $30 million to the Federal Law guished ranking member in a colloquy ents and the people of America, and Enforcement Training Center for train- to discuss a matter of great concern to this committee was on top of each of ing Transportation Security Agency the gentleman from Florida (Mr. those. I want to spend this time to rec- personnel in response to the attacks of WEXLER) and to me and of great con- ognize them. September 11. cern also to our constituents. Mr. HOYER. Mr. Chairman, I yield 5 Finally, I am pleased that the bill minutes to the gentlewoman from continues several favorable and impor- b 1545 Florida (Mrs. MEEK), a very distin- tant provisions for Federal employees, As the chairman knows, the first and guished member of our subcommittee. such as contraceptive coverage under most severe anthrax attack occurred in The gentlewoman from Florida (Mrs. the Federal Health Benefits Program, Boca Raton, Florida. One man died and MEEK) is the next ranking Democrat on child care assistance for lower income many others were injured. The building our committee and does a great job, employees and pay parity through a 4.1 itself, 67,000 square feet in the middle

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.113 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5245 of the city, is now under quarantine. on this issue so that we can find a SHAW) and (Mr. WEXLER), who have The level of contamination is equal to timely and meaningful solution that worked tirelessly on this issue. I know that of the Daschle suite in the Hart satisfies the concerns of the gentleman the chairman and I have spent literally Senate Office Building. and the concerns of the local officials hours with each gentleman because of While we still do not know who is re- in Boca Raton. their deep concern over the public sponsible for the contamination in I do believe this is a public health health challenge that this causes the Boca Raton, we know the owners of the problem. I do believe the Federal Gov- people of South Florida. I want to as- buildings are the victims of a terrorist ernment has a responsibility, and I sure both of them that I know the attack resulting in a public health haz- want to see us help solve this problem chairman and I will spend a lot of time ard. The problems now facing the com- this year. on this and try to bring this matter to munity because of this attack are so Mr. WEXLER. Mr. Chairman, will the a successful resolution, and I thank the serious and unusual in nature that it gentleman yield? gentlemen for their work. Mr. SHAW. I yield to the gentleman is, in my opinion, necessary for the Mr. SHAW. Mr. Chairman, if the gen- from Florida. Federal Government to become en- tleman would yield just briefly, I Mr. WEXLER. Mr. Chairman, I rise gaged and provide a solution. thank the gentleman and the chairman Local leaders, including the mayor of to thank the chairman of the subcommittee, the gentleman from Okla- for giving so much of their time, and I Boca Raton, Steve Abrams, and the think the people of Boca Raton are homa (Mr. ISTOOK), and especially the city council, in addition to the owners very grateful, and we look forward to gentleman from Maryland (Mr. HOYER), of the building, have shown a willing- continuing to work with both of the ness to work with the government in my friend and ranking member, for their work on this issue, as well as the gentlemen. order to fix this problem. The solution gentleman from Florida (Mr. SHAW), Mr. HOYER. Mr. Chairman, I yield 2 that the gentleman from Florida (Mr. for his leadership as we continue this minutes to the distinguished gen- WEXLER) and I have proposed, along debate. tleman from Maryland (Mr. WYNN), my with other Members of the Florida del- Let me reiterate how important it is friend and colleague. egation, most notably the gentleman for the Federal Government to take an Mr. WYNN. Mr. Chairman, I rise in from Florida (Mr. MICA), (Mr. active role in finding a solution to the support of H.R. 5120, the Treasury- DEUTSCH), and (Mr. HASTINGS), has the cleanup of the anthrax contamination Postal appropriations bill. bipartisan support of the entire Palm at the American Media, Inc. building This bill includes $45 million in fund- Beach County, Boca Raton community. and what it means to the people of ing to build a much-needed, state-of- I understand that the chairman has South Florida and the rest of the Na- the-art laboratory for the Food and expressed some concern with our pro- tion. I want to make clear that this is Drug Administration’s Center for De- posal. I appreciate and respect those not our first attempt at requesting vices and Radiological Health. This concerns. Moreover, I greatly appre- Federal assistance for this cleanup. project is a critical component of the ciate the time and effort that the gen- Shortly after the October 1, 2001 an- overall consolidation of the Food and tleman and his staff have devoted to thrax attack on the AMI building in Drug Administration. this issue. I am hopeful, I would say to Boca Raton, Florida’s governor, Jeb I would like to, of course, thank the the chairman, that we can continue Bush, wrote to the Federal Emergency chairman, the gentleman from Penn- our dialogue, as this matter is of great Management Agency asking for dis- sylvania (Mr. ISTOOK), for his work and concern and urgency to the citizens of aster assistance to help the State deal single out for thanks and appreciation South Florida. with the biological attack and the to my Maryland colleague (Mr. HOYER) Again, I want to thank the chairman cleanup effort. The members of the who has been very active on behalf of and I want to thank also the ranking Florida congressional delegation fol- the consolidation of the Food and Drug Democrat member for their efforts on lowed with a letter to FEMA, but the Administration. behalf of our constituents. request was turned down. Mr. ISTOOK. Mr. Chairman, will the Currently, nearly 6,000 FDA Wash- We must not forget that this incident ington-area employees are housed in gentleman yield? in Florida was the first biological at- Mr. SHAW. I yield to the gentleman commercially leased space at approxi- tack in the United States. Although mately 39 different streetfront build- from Oklahoma. the anthrax attack on the AMI build- Mr. ISTOOK. Mr. Chairman, I want ings, many of which are vulnerable to ing occurred before the anthrax at- attack. This FDA consolidation would to thank the gentleman from Florida tacks here in the U.S. Capitol, the AMI transfer all 6,000 FDA employees to (Mr. SHAW) for his remarks. I do fully building is yet to be decontaminated. state-of-the-art laboratory and admin- appreciate the magnitude of the prob- Now, 9 months later, a potentially istrative facilities at the White Oak lem facing the citizens of his district, treacherous health hazard continues to campus in Silver Spring, Maryland, fa- and I realize both its magnitude and its threaten the people of South Florida. cilitating easier communications be- complexity. I hope that he and others We are now in the middle of hurricane tween the FDA employees and the var- understand that, therefore, we are try- season, and one can only imagine the ious centers. ing to move circumspectly to see if we potential for harm that exists each and might be able to resolve it. every day that the AMI building re- At a time when we are reorganizing The gentleman is correct in stating mains contaminated. the government for purposes of home- that I do have some concerns over the Let us not forget that this attack land security, the most important approach that he has proposed, al- killed Mr. Bob Stevens and severely thing we can do is actually secure though I recognize the need for a solu- sickened another person. Every Amer- something. We have that opportunity tion that is timely. I look forward to ican that is victimized by a terrorist to do that in this bill by providing a se- working together and continuing our attack should have confidence that the cure, fenced campus setting in White dialogue in hopes that the problem can Federal Government will come to their Oak, Maryland, formerly the Naval be resolved in an acceptable manner. aid. Right now, the people of South Surface Warfare Center. Mr. HOYER. Mr. Chairman, will the Florida do not have that assurance. By moving the FDA to a government- gentleman yield? Again, I would like to thank the gen- owned facility at White Oak, the con- Mr. SHAW. I yield to the gentleman tleman from Oklahoma (Mr. ISTOOK), solidation is expected to yield savings from Maryland. the gentleman from Maryland (Mr. of approximately $300 million in gov- Mr. HOYER. Mr. Chairman, I thank HOYER), and the gentleman from Flor- ernment lease costs over 10 years. The the gentleman for yielding. ida (Mr. SHAW), and I hope that we will $45 million included in this bill will be Mr. Chairman, I also want to con- be able to reach a positive resolution used to construct laboratories for the tinue to lend my support to the gentle- to this public health problem. Center for Devices and Radiological men from Florida (Mr. SHAW) and (Mr. Mr. HOYER. Mr. Chairman, I yield Health, which improves mammography WEXLER) and the others that have been myself 30 seconds. scanners, x-ray machinery, and irradia- mentioned. I, like the chairman, will Mr. Chairman, I want to congratu- tion devices used to kill bacteria in continue to work with the gentleman late both gentlemen from Florida, (Mr. food and in mail. Currently, several

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.123 pfrm17 PsN: H23PT2 H5246 CONGRESSIONAL RECORD — HOUSE July 23, 2002 such labs are housed in old, dilapi- The committee report goes on to rec- b 1600 dated, leased buildings scheduled for ommend that the Customs Service How can we justify that inconsist- demolition in 2004. ‘‘evaluate the feasibility of providing ency? The amendments that we will be Importantly, this funding in the fis- additional resources and staffing to in- offering will eliminate that hypocrisy cal year 2003 budget means the con- clude increased inspection services at and help create a democratic opening struction of these labs will likely be Sacramento International Airport.’’ in Cuba. I urge my colleagues to sup- finished by 2004, several months prior I appreciate the work the committee port these amendments and particu- to the expiration to the leases in three has done on behalf of Sacramento larly also when the amendment offered separate facilities. This means savings International Airport, and I look for- by the gentleman from Florida (Mr. of millions of dollars for the taxpayer ward to working with the committee to GOSS) comes forward, to vote ‘‘no.’’ in lease space and multiple moves. secure funding for permanent Customs Mr. HOYER. Mr. Chairman, I reserve Mr. Chairman, I believe this is an ex- staff. the balance of my time. cellent bill. I also note that it includes Mr. Chairman, this is a successful Mr. ISTOOK. Mr. Chairman, may I $177 million for the construction of a local, State, and Federal partnership inquire how much time remains. new Census facility in Suitland. I urge that has laid the groundwork for open- The CHAIRMAN pro tempore (Mr. my colleagues to support the Treasury- ing a whole new area of economic ac- HASTINGS of Washington). The gen- Postal appropriations bill. tivity in Sacramento. I urge my col- tleman from Oklahoma (Mr. ISTOOK) Mr. ISTOOK. Mr. Chairman, I yield 3 leagues to support this important leg- has 61⁄2 minutes remaining, and the minutes to the gentleman from Cali- islation. gentleman from Maryland (Mr. HOYER) fornia (Mr. OSE). Mr. HOYER. Mr. Chairman, I yield 3 has 11 minutes remaining. Mr. OSE. Mr. Chairman, I thank the minutes to the distinguished gen- Mr. ISTOOK. Mr. Chairman, I yield 2 gentleman for yielding me this time. tleman from Massachusetts (Mr. minutes to the gentleman from Geor- Mr. Chairman, I rise today in support DELAHUNT). gia (Mr. CHAMBLISS). of this important legislation. I want to Mr. DELAHUNT. Mr. Chairman, I Mr. CHAMBLISS. Mr. Chairman, I thank the chairman of the sub- thank the gentleman for yielding me thank the gentleman for yielding me committee for allowing me to speak this time. this time and again congratulate him today, and I also thank him for his and the gentleman from Maryland (Mr. There will be a series of amendments leadership in dedicating additional HOYER) on a very fine bill coming for- offered during the course of the debate funding for the U.S. Customs Service. ward today. on this bill by a bipartisan group of I stand before my colleagues to high- Mr. Chairman, the Federal Law En- Members, Republicans and Democrats, light the importance of Customs fund- forcement Training Center, or what is liberals and conservatives, who, after ing for the Sacramento International commonly known as FLETC, in 43 years, recognize that there can be no Airport. In 2001 the airport was granted Glynco, Georgia, provides critical doubt that our current Cuba policy has Port of Entry status, paving the way training for a range of Federal law en- failed. It has failed the Cuban people for international flights. On July 1 of forcement personnel as well as State, because it certainly has not brought this year, Mexicana Airlines com- local, foreign, and private sector secu- them freedom and political space, but menced scheduled international service rity personnel. from Sacramento to Mexico. I take it has also failed the American people, My Subcommittee on Terrorism and great pride in our ongoing efforts at not just because it has denied us com- Homeland Security of the House Per- the local, State, and Federal level to mercial opportunities but, more impor- manent Select Committee on Intel- expand this first class airport, includ- tantly, has unreasonably restricted one ligence just completed a study of the ing putting up $3.2 million of local of our fundamental constitutional intelligence deficiencies that left our money to construct the processing fa- rights, the right to travel. Nation vulnerable to attack. We know cility. New international service has Even Vice President CHENEY admit- that our intelligence agencies must do just begun and it, in fact, is just the ted during the campaign, and I am a better job of collecting and analyzing beginning. quoting him now, ‘‘restrictions, frank- producing intelligence information, In order to gain this international ly, have not worked very well in but that is only part of the solution. service, the Sacramento International Cuba.’’ We need to ensure that we have a ro- Airport signed an agreement to cover Well, furthermore, this policy opens bust law enforcement and security the cost of the Customs Service for this us to charges of hypocrisy. Americans force that can take that intelligence operation until the Customs Service can travel to North Korea and Iran; by and use it to stop future attacks. The could provide full-time personnel. The my reckoning, that is two-thirds of the critical security training by FLETC is cost to the airport is approximately axis of evil, but not to Cuba. That an integral part of protecting our Na- $475,000 per year. makes no sense, I would suggest. tion. Interestingly, according to an eco- We also helped pass the United Na- I strongly support allowing our pilots nomic analysis conducted on behalf of tions resolution that calls for virtually to be armed as an additional layer of the airport, Federal, State, and local unrestricted trade with Iraq, the crown aviation security. Since FLETC will governments will receive approxi- jewel of the troika of the axis of evil, train our air marshals, FLETC is an mately $1.5 million in new tax revenues yet we continue an embargo on Cuba. appropriate place to train our pilots because of this new international serv- Well, that makes no sense, either. with the same standards. I applaud the ice provided by Mexicana Airlines. If we do not approve of one-party efforts of the gentleman from Georgia These flights will generate approxi- states where elections are a sham, (Mr. KINGSTON), who has done an out- mately 360 direct and indirect jobs, where political and religious dissent is standing job of working with FLETC to with over 100 of these jobs in the vis- repressed, and the president names the address their needs. I am pleased that itor and tourism industry. In the Sac- editors in chief of the three largest under the gentleman from Oklahoma’s ramento area, personal income is esti- daily newspapers, why do we not re- (Mr. ISTOOK) leadership this bill in- mated to increase by over $9 million strict travel and impose an economic creases funding for this important fa- per year. embargo on Egypt, rather than sending cility. I thank the chairman for his In the Treasury-Postal Appropria- them a $2 billion check every year? support and for his commitment to en- tions Subcommittee report, which is Why do we not impose Cuba-like sanc- suring that significant resources have House Report 107–575 accompanying tions on Saudi Arabia, one of the most been provided to fully train Federal H.R. 5120, the committee directed ‘‘the oppressive regimes on earth, where law enforcement and security per- U.S. Customs Service to work closely women cannot thrive and our own sol- sonnel at the Federal Law Enforcement with international airport authorities diers are prohibited from leaving their Training Center. to ensure that Customs will meet the bases, and an adult American woman Mr. HOYER. Mr. Chairman, I yield 3 optimal staffing requirements at inter- born in Texas cannot leave to come minutes to the distinguished gentle- national airports in the United home to America because her husband woman from the District of Columbia States.’’ will not consent. (Ms. NORTON).

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.125 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5247 Ms. NORTON. Mr. Chairman, I thank time E Street was allowed to make the with me and oppose any amendments the gentleman for yielding me this contribution the founders intended it that lift travel restrictions or lift the time, and I rise to thank him for his to make to facilitate traffic across embargo and to remain committed to work and to thank the gentleman from town. We closed E Street in front of their support and the U.S. Govern- Oklahoma (Mr. ISTOOK) as well and to Pennsylvania in front of the White ment’s support for the Cuban people. support this appropriation. House. We must not close off E Street INTRODUCTION I want to talk about an important in back of the White House. Mr. NUSSLE. Mr. Chairman, I rise to speak matter and that is about an amend- Mr. HOYER. Mr. Chairman, I yield 3 on H.R. 5120, a bill providing appropriations ment that I intended to offer. It may or minutes to the distinguished gen- for the Department of Treasury and related may not have been in order, but I want tleman from northern New Jersey (Mr. agencies and to express my continuing con- to discuss it on the floor now. It is the PALLONE). cern with the path the House is currently tak- closing of E Street. It remains closed Mr. PALLONE. Mr. Chairman, I rise ing on appropriations. even though the Secret Service signed today in support of the bill and in op- off on a report recommending that it position to any amendments that pro- OVERALL LEVELS be open, a report of the National Cap- hibit funds from being used to admin- As reported, H.R. 5120 provides $18.5 bil- itol Planning Commission. There is no ister or enforce the ban on travel to lion in budget authority and $18.2 billion in safety or security issue. There is an Cuba or to enforce the U.S. embargo outlays for fiscal year 2003. It also exceeds 800-foot setback from the back of the against Cuba. the President’s request by $537 million. To put White House. It is closed for one and Mr. Chairman, I have said in the past this increase in perspective, appropriations for only one reason, and that is when the doing business with Cuba means doing the agencies covered by this bill have climbed Secret Service closes something, it business with Castro. So long as Castro by an average of 10.5 percent a year over the wants to always keep it closed. The Se- maintains his stranglehold on every as- last three years. cret Service wanted to keep National pect of Cuban life, lifting any aspect of The bill provides another $31 million for fis- Airport closed. Only because the entire the embargo or allowing Americans to cal year 2004 for free and reduced mail for the region fought back is National Airport travel to Cuba would mean subsidizing blind as well as mail for overseas voting. This open. The Secret Service wanted to Castro. is included in the list of permissible advance close Pennsylvania Avenue ever since Contrary to popular belief, increased appropriations pursuant to the House-passed the Eisenhower administration. It suc- tourist travel to the island would not budget resolution for fiscal year 2003 (H. Con. ceeded after Oklahoma City. We are increase purposeful contact with the Res. 353). not asking that Pennsylvania be re- Cuban people and instead contributes COMPLIANCE WITH BUDGET RESOLUTION opened, but we cannot afford to see E to unacceptable practices of slave labor It is only fair to point out that this bill, like Street remain closed; and I will say and racism. that of the Interior bill we considered last why in a few minutes. Canadians and Europeans have been week, is within the reporting Subcommittee’ First of all, E Street is one of the few traveling to Cuba for years, and yet 302(b) allocation. Hence, no budget-related streets in the District that was pre- there has been no measurable impact point of order lies against consideration of the pared for September 11 because after on or change in Castro’s control over bill. Oklahoma City, E Street had been wid- the people. To the Appropriations Committee’s credit, it ened in order to make sure that the Furthermore, 98 percent of Cuban was able to meet its 302(b) allocation without White House which has an 800-foot set- citizens are forbidden even entry into designating phony emergencies, which are ef- back was, in fact, safe. In fact, it the tourist areas, which is Fidel Cas- fectively exempt from any budgetary con- opened for a year after Oklahoma City tro’s way of denying foreigners the straints. Nor did it attempt to create the illusion and after 9–11 closed. Another study ability to gain a glimpse into the re- of fiscal restraint by offsetting spending in- done, that study shows that it can be ality of Cuban life. Those Cubans who creases with rescissions in funds that would opened. The Chair of the Sub- do work at the resorts are forbidden to never have been spent. committee on the District of Columbia engage in certain types of conversa- THE BIGGER PICTURE and I have sent letters. It is because we tions with foreigners, including any My concern is less with the bill than in the can get no response that I come to the mention of Cuba’s political situation, direction in which we are heading. Unless we floor to say if we do not get response the U.S. embargo, and other such exercise more restraint in the less controver- within the next few months, I will take issues. sial measures like this bill, we will be forced to action that I think will result in the Citizens who work at the resorts are find savings in the remaining appropriations opening of E Street. employed by a state employment agen- There is new urgency which above all cy run by the Castro regime. The for- bills or breach the limits that both the House sends me to the floor today because the eign resorts pay the workers’ wages to and the President agreed to earlier this year. entire region is implicated. There has the state agency in dollars, but the The real test will come when we consider been a recent Court of Appeals ruling workers receive only pesos. Therefore appropriations for VA–HUD and Labor-HHS, that this entire region is in ‘‘severe between 95 and 97 percent of a workers’ which the Leadership has agreed to bring to violation’’ of the Clean Air Act. What wages are kept by Castro. the floor before any other appropriations that means for the region, and the Mr. Chairman, most Cuban tourist measures are considered. For every dollar we ranking member is deeply implicated operations are run by the Cuban mili- increase spending in this bill above the Presi- here because he represents part of this tary and internal security services. dent’s request, we must find an equal amount region, is that this region very soon, These so-called companies funnel of savings from such agencies as Veterans’ unless we get at things that are caus- money directly into the regime, earn- Affairs, Health and Human Services and ing congestion like the closure of E ing them the hard currency necessary Housing and Urban Development. Street which has to take all of the traf- to perpetuate their repressive policies. I sincerely hope that both the Appropriations fic in Maryland, Virginia, and cross- Expanding tourism was the key to Cas- Committee and the Congress as a whole is up town traffic in D.C., if we are not able tro’s survival after the collapse of the to this task. to get ahold of matters like this, then Soviet Union. Tourism has helped to OTHER ISSUES this region will be able to build noth- feed the personal fortunes of the Castro On a lighter note, for the second year in a ing with transportation funds, no family and provide the necessary gov- row the bill includes a limitation that prohibits metro, no roads; and here we are just ernment revenues that Cuba’s deterio- appropriations from being used to pay the sal- caught up in this dilemma. rating sugar industry and failing state aries of any OMB staff who dare to compare E Street handles a lion’s share of the enterprises simply cannot. the President’s budget request with that of the traffic from the region, and of course it Mr. Chairman, by lifting these sanc- 13 appropriations bills. is a way that we get across town. It tions, with nothing in exchange from It still seems curious to me that while the in- makes a very large contribution to the Cuban Government, we would be dividual appropriations bills must be submitted traffic congestion and air pollution betraying the very people that these to the President to become law, the President that must be cleared up if we are to policies were designed to help. Mr. shouldn’t be allowed to suggest how much continue to build in this town. It is Chairman, I urge my colleagues to join should be spent on each bill.

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00047 Fmt 4634 Sfmt 9920 E:\CR\FM\K23JY7.193 pfrm17 PsN: H23PT2 H5248 CONGRESSIONAL RECORD — HOUSE July 23, 2002 CONCLUSION anchor for the $900 billion dollar mailing in- re-election as governor—there would not be In conclusion, I reluctantly support this bill dustry—which employs approximately 9 million much political risk to President Bush if he because it is within the limits that were estab- people. The mailing industry represents 8 per- were to get behind a softening of the embargo. lished for it by the House-passed budget reso- cent of the gross domestic product. When the lution. Postal Service gets a cold—the mailing indus- Economically, it would be good for the country. According to the U.S.-Cuba Trade At the same time, it continues the pattern of try gets pneumonia. We are almost at pneu- allowing appropriations for select agencies to and Economic Council, a non-partisan infor- monia crisis in the mailing industry. The uncer- mation organization, trade with Cuba last grow significantly beyond the levels requested tainty of the economy coupled with constant year amounted to about $103 million and is by the President. rate increased by the Postal Service to cover expected to rise to $165 million this year—all This will force us to exercise greater re- its budget shortfall could lead to lay offs and cash. That puts Cuba 57th among the 180 top straint than would have otherwise been re- cuts at big mailing operations like RR buyers of U.S. agricultural products. These quired for such agencies as Veteran’s Affairs, Donnelley & Sons, AOL Time Warner, Lands shipments originated in 30 states. Housing and Urban Development and Health End and others. A U.S. food and agribusiness fair, sched- and Human Services. The business industry needs and deserves uled for Havana in September, already has If we prove unable to meet that challenge, stability in terms of projected increases in attracted 120 American exhibitors, who are coming armed for business. Confirmed I will be forced to examine other remedies to rates. bring overall appropriations in line with the attendees so far include two Illinois dairy A number of companies could be in real cows plus two buffalo and a 200-pound pig budget resolution. jeopardy if the Postal Service is not provided Mr. MORAN of Kansas. Mr. Chairman, I rise from North Dakota. Approximately 20,000 the tools they need in order to be competitive. in opposition to a Congressional pay raise. I attendees are expected from both counties, A viable and competitive Postal Service pro- including the Bearded One, who has promised do not support this procedural motion, and I vides the stability that printers, mailers, em- to stop by every day. do not support the way this issue is being ployees and consumers can count on. The im- Unless President Bush changes course, he handled. Failure to allow an up or down vote pact of a weak Postal Service on our quality will find himself in the untenable position of on this issue only serves to increase cynicism of life and economy are enormous. It is my having to recite the tired old lines in support towards the political process and confirms the hope that we will continue to press the issue of the embargo even as Congress moves over- feelings of many voters that their representa- whelmingly to vote in favor of easing it, and for Postal Reform. tives are out of touch. This process needs to American business people—many of them no Ms. SCHAKOWSKY. Mr. Chairman. I rise in be reformed. Members of Congress should be doubt Republican—head for Havana to sell support of the Rangel, Moran,and Flake on record with the citizens of their districts as their products. amendments to the Treasury-Postal Appro- to whether they believe an increase to their Certainly, the administration has more im- priations bill. It is clear to me that the trade salary is justified. Given the opportunity, I portant foreign-policy issues on its agenda and travel embargo on Cuba must be lifted. I than maintaining an embargo fueled by Cold would vote ‘‘no.’’ commend the following Chicago Tribune arti- War rancor rather than economic or political Fiscal discipline must start with elected offi- reality. cials. At a time when farmers and ranchers cle on this subject to the attention of my col- and small businesses across Kansas are leagues, and I urge all members to vote to re- Mr. HOYER. Mr. Chairman, I have no struggling and rural hospitals and other health peal the current policy, which is outdated and further requests for time, and I yield care providers are curtailing services, there is unwise. Allowing trade and travel between the back the balance of my time. no place for a Congressional cost of living in- U.S. and Cuba will help the Cuban people and Mr. ISTOOK. Mr. Chairman, I remind crease, especially one born in a cloud of se- will help the America public. I urge all mem- Members that we appreciate their sup- crecy. bers to join me in supporting the efforts of the port of this important measure. Mr. DAVIS of Illinois. Mr. Chairman, I had Gentleman from New York, The Gentleman Mr. Chairman, I have no further re- planned to offer an amendment today that from Kansas, and the Gentleman from Ari- quests for time, and I yield back the would have linked any increase in postage zona. As the Tribune puts it, this is ‘‘a chance balance of my time. rates by the United States Postal Service to think fresh on Cuba’’. The CHAIRMAN pro tempore. All (USPS) to Postal Reform. However, I have de- A CHANCE TO THINK FRESH ON CUBA time for general debate has expired. With each passing day, the once-invincible cided against that. But I would like to share Pursuant to the rule, the bill shall be with my colleagues and the American people Washington lobby in favor of maintaining the U.S. economic embargo against Cuba considered for amendment under the 5- the crisis in our mail system and its likely im- minute rule. pact on our economy. looks as absurd and irrelevant as the Flat The USPS is hemorrhaging—universal serv- Earth Society. Unfortunately, and not as a The Chair shall accord priority in matter or principle but craven politics, recognition to the gentleman from ice is in real jeopardy. The Postal Service con- President Bush vows to stick with his sup- tinues to operate under laws passed in 1970. Florida (Mr. GOSS), or his designee, to port of the embargo to the point of vetoing offer the amendment printed in House They cannot raise rates to cover spikes in gas any congressional move to weaken it. prices. The 1970 laws did not take into consid- He must give this new thought. The next Report 107–585, which may be offered eration e-mail, e-commerce or the impact that few weeks will be as propitious a time as any only at the appropriate point in the other advances in technology would have on to shift course, be it from the perspective of reading of the bill, shall be considered first class mail. The USPS is an organization politics, economics or the national interest. read, and shall not be subject to Four amendments tot he Treasury and amendment. that comprises over 800,000 full and part-time Postal Service bill in the House seek to undo workers and plays a significant role in our various parts of the embargo. Rep. Charles Except as otherwise specified, during economy. Rangel (D–NY) wants to dismantle the em- the consideration of the bill for amend- The anthrax attacks on the Postal Service bargo altogether. Rep Jerry Moran (R–Kan- ment, the Chair may accord priority in have tragically taken the lives of two postal sas) proposes to lift restrictions on private recognition to a Member offering an workers and threatened thousands more. The financing of trade deals with Cuba. Finally, amendment that he has printed in a pipe-bomb attacks on rural mailboxes have Rep. Jeff Flake (R–Ariz.) has introduced two designated place in the CONGRESSIONAL stirred fear on many of our rural routes and amendments, one to effectively lift restric- RECORD. Those amendments will be put at risk rural letter carriers and residents. tions on private travel to Cuba and another considered read. to lift limits on remittances Cuban-Ameri- The attacks coupled with a lack of Postal Re- cans to their relatives still in the island. The Clerk will read. form have the Postal Service spiraling dan- The last three amendments have an excel- The Clerk read as follows: gerously close to bankruptcy. The Postal Serv- lent chance of passage. A similar amendment H.R. 5120 ice reports that in fiscal year 2002, mail vol- by Flake last year received 240 votes, but ume is down by six billion pieces—an unprec- was sidetracked in the Senate by the events Be it enacted by the Senate and House of Rep- edented decline. of Sept. 11. An even wider margin is expected resentatives of the United States of America in Last year, the Postal Service lost $1.68 bil- when it comes for a vote within the next few Congress assembled, That the following sums lion dollars, and this fiscal year they are pre- days. On Tuesday, the Senate Appropriation are appropriated, out of any money in the Committee unanimously passed an amend- Treasury not otherwise appropriated, for the dicting losses of $1.5 billion. No business in ment identical to Flake’s; full Senate ap- Treasury Department, the United States America can continue to function with these proval is expected by a wide margin. Postal Service, the Executive Office of the type of losses. Except for incurring the wrath of some President, and certain Independent Agencies, The Postal Service is unlike any other busi- Cuban hardliners in southern Florida—and for the fiscal year ending September 30, 2003, ness—unique in its mission and goal. It is the possibly harming his brother’s chances for and for other purposes, namely:

VerDate Jul 19 2002 01:37 Jul 25, 2002 Jkt 099060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.140 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5249 TITLE I—DEPARTMENT OF THE tablished by section 102 of the Air Transpor- the Department of the Treasury, including TREASURY tation Safety and System Stabilization Act materials and support costs of Federal law DEPARTMENTAL OFFICES (Public Law 107–42), $6,041,000, to remain enforcement basic training; purchase (not to available until expended. exceed 52 for police-type use, without regard SALARIES AND EXPENSES TREASURY BUILDING AND ANNEX REPAIR AND to the general purchase price limitation) and (INCLUDING TRANSFER OF FUNDS) RESTORATION hire of passenger motor vehicles; for ex- For necessary expenses of the Depart- penses for student athletic and related ac- mental Offices including operation and For the repair, alteration, and improvement of the Treasury Building and Annex, tivities; uniforms without regard to the gen- maintenance of the Treasury Building and eral purchase price limitation for the cur- Annex; hire of passenger motor vehicles; $32,932,000, to remain available until expended. rent fiscal year; the conducting of and par- maintenance, repairs, and improvements of, ticipating in firearms matches and presen- and purchase of commercial insurance poli- EXPANDED ACCESS TO FINANCIAL SERVICES tation of awards; for public awareness and cies for, real properties leased or owned over- (INCLUDING TRANSFER OF FUNDS) enhancing community support of law en- seas, when necessary for the performance of To develop and implement programs to ex- forcement training; not to exceed $11,500 for official business; not to exceed $3,500,000 for pand access to financial services for low- and official reception and representation ex- official travel expenses; not to exceed moderate-income individuals, $4,000,000, such penses; room and board for student interns; $3,813,000, to remain available until expended funds to become available upon authoriza- and services as authorized by 5 U.S.C. 3109, for information technology modernization tion of this program as provided by law and $152,951,000, of which $650,000 shall be avail- requirements; not to exceed $150,000 for offi- to remain available until expended: Provided, able for an interagency effort to establish cial reception and representation expenses; That of these funds, such sums as may be written standards on accreditation of Fed- not to exceed $258,000 for unforeseen emer- necessary may be transferred to accounts of eral law enforcement training; and of which gencies of a confidential nature, to be allo- the Department’s offices, bureaus, and other up to $24,266,000 for materials and support cated and expended under the direction of organizations: Provided further, That this costs of Federal law enforcement basic train- the Secretary of the Treasury and to be ac- transfer authority shall be in addition to any ing shall remain available until September counted for solely on his certificate, other transfer authority provided in this 30, 2005, and of which up to 20 percent of the $187,241,000: Provided, That of these amounts Act: Provided further, That none of the funds $24,266,000 also shall be available for travel, $2,900,000 is available for grants to State and shall be used to provide real property, auto- room and board costs for participating agen- local law enforcement groups to help fight mated teller machines or any other equip- cy basic training during the first quarter of money laundering: Provided further, That of ment for use by any financial institution: a fiscal year, subject to full reimbursement these amounts, $5,893,000 shall be for the Provided further, That none of the funds shall by the benefitting agency: Provided, That the Treasury-wide Financial Statement Audit be used to support any program or activity Center is authorized to accept and use gifts Program, of which such amounts as may be that incurs costs in excess of $100 for each of property, both real and personal, and to necessary may be transferred to accounts of participant who is expected to establish an accept services, for authorized purposes, in- the Department’s offices and bureaus to con- account: Provided further, That none of the cluding funding of a gift of intrinsic value duct audits: Provided further, That this trans- funds shall be used for any program or activ- which shall be awarded annually by the Di- fer authority shall be in addition to any ity that does not provide at least $0.50 in rector of the Center to the outstanding stu- other provided in this Act. non-Federal matching funds for each $1.00 re- dent who graduated from a basic training DEPARTMENT-WIDE SYSTEMS AND CAPITAL ceived from the Expanded Access to Finan- program at the Center during the previous INVESTMENTS PROGRAMS cial Services account. fiscal year, which shall be funded only by (INCLUDING TRANSFER OF FUNDS) COUNTERTERRORISM FUND gifts received through the Center’s gift authority: Provided further, That the Center is For development and acquisition of auto- For necessary expenses, as determined by authorized to accept detailees from other matic data processing equipment, software, the Secretary, $33,000,000, to remain avail- Federal agencies, on a non-reimbursable and services for the Department of the able until expended, to reimburse any De- basis, to staff the accreditation function: Treasury, $68,828,000, to remain available partment of the Treasury organization for Provided further, That notwithstanding any until expended: Provided, That these funds the costs of providing support to counter, in- other provision of law, students attending shall be transferred to accounts and in vestigate, or prosecute unexpected threats or training at any Center site shall reside in on- amounts as necessary to satisfy the require- acts of terrorism, including payment of re- Center or Center-provided housing, insofar as ments of the Department’s offices, bureaus, wards in connection with these activities: available and in accordance with Center pol- and other organizations: Provided further, Provided, That any Federal agency may be icy: Provided further, That funds appropriated That this transfer authority shall be in addi- reimbursed for costs of responding to the in this account shall be available, at the dis- tion to any other transfer authority provided United States Secret Service’s request to cretion of the Director, for the following: in this Act. provide security at National Special Secu- training United States Postal Service law OFFICE OF INSPECTOR GENERAL rity Events: Provided further, That any enforcement personnel and Postal police offi- amount provided under this heading shall be SALARIES AND EXPENSES cers; State and local government law en- available only after notice of its proposed For necessary expenses of the Office of In- forcement training on a space-available use has been transmitted to the Committees spector General in carrying out the provi- basis; training of foreign law enforcement of- on Appropriations in accordance with guide- sions of the Inspector General Act of 1978, ficials on a space-available basis with reim- lines for reprogramming and transfer of not to exceed $2,000,000 for official travel ex- bursement of actual costs to this appropria- funds and such amount has been apportioned penses, including hire of passenger motor ve- tion, except that reimbursement may be pursuant to 31 U.S.C. 1513. hicles; and not to exceed $100,000 for unfore- waived by the Secretary for law enforcement seen emergencies of a confidential nature, to FINANCIAL CRIMES ENFORCEMENT training activities in foreign countries unbe allocated and expended under the direc- NETWORK dertaken pursuant to section 801 of the tion of the Inspector General of the Treas- SALARIES AND EXPENSES Antiterrorism and Effective Death Penalty ury, $35,424,000. For necessary expenses of the Financial Act of 1996 (Public Law 104–32); training of INSPECTOR GENERAL FOR TAX ADMINISTRATION Crimes Enforcement Network, including hire private sector security officials on a space- SALARIES AND EXPENSES of passenger motor vehicles; travel expenses available basis with reimbursement of actual costs to this appropriation; and travel ex- For necessary expenses of the Treasury In- of non-Federal law enforcement personnel to penses of non-Federal personnel to attend spector General for Tax Administration in attend meetings concerned with financial in- course development meetings and training carrying out the Inspector General Act of telligence activities, law enforcement, and sponsored by the Center: Provided further, 1978, including purchase (not to exceed 150 financial regulation; not to exceed $14,000 for That the Center is authorized to obligate for replacement only for police-type use) and official reception and representation ex- funds in anticipation of reimbursements hire of passenger motor vehicles (31 U.S.C. penses; and for assistance to Federal law en- from agencies receiving training sponsored 1343(b)); services authorized by 5 U.S.C. 3109, forcement agencies, with or without reim- by the Center, except that total obligations at such rates as may be determined by the bursement, $51,444,000, of which not to exceed at the end of the fiscal year shall not exceed Inspector General for Tax Administration; $3,400,000 shall remain available until Sep- total budgetary resources available at the not to exceed $6,000,000 for official travel ex- tember 30, 2005; and of which $8,338,000 shall end of the fiscal year: Provided further, That penses; and not to exceed $500,000 for unfore- remain available until September 30, 2004: the Center is authorized to provide training seen emergencies of a confidential nature, to Provided, That funds appropriated in this ac- for the Gang Resistance Education and be allocated and expended under the direc- count may be used to procure personal serv- Training program to Federal and non-Fed- tion of the Inspector General for Tax Admin- ices contracts. eral personnel at any facility in partnership istration, $123,962,000. FEDERAL LAW ENFORCEMENT TRAINING with the Bureau of Alcohol, Tobacco and CENTER AIR TRANSPORTATION STABILIZATION Firearms: Provided further, That the Center PROGRAM ACCOUNT SALARIES AND EXPENSES is authorized to provide short-term medical For necessary expenses to administer the For necessary expenses of the Federal Law services for students undergoing training at Air Transportation Stabilization Board es- Enforcement Training Center, as a bureau of the Center.

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.106 pfrm17 PsN: H23PT2 H5250 CONGRESSIONAL RECORD — HOUSE July 23, 2002

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, other agencies or Departments in fiscal year In the item relating to ‘‘INTERNAL REVENUE AND RELATED EXPENSES 2003: Provided further, That no funds appro- SERVICE–PROCESSING, ASSISTANCE, AND MAN- For expansion of the Federal Law Enforce- priated herein shall be available for salaries AGEMENT’’, after the first dollar amount, in- ment Training Center, for acquisition of nec- or administrative expenses in connection sert ‘‘(reduced by $700,000)’’. essary additional real property and facili- with consolidating or centralizing, within Mr. ROGERS of Michigan. Mr. Chair- the Department of the Treasury, the records, ties, and for ongoing maintenance, facility man, I want to thank my colleagues, improvements, and related expenses, or any portion thereof, of acquisition and disposition of firearms maintained by Fed- and I will ask for their help because $31,800,000, to remain available until ex- Michigan today needs their help. pended. eral firearms licensees: Provided further, That no funds appropriated herein shall be In the Civil War we mustered 90,000 INTERAGENCY LAW ENFORCEMENT used to pay administrative expenses or the troops to defend the Union. We had the INTERAGENCY CRIME AND DRUG ENFORCEMENT compensation of any officer or employee of second most diverse crop of agriculture For expenses necessary to conduct inves- the United States to implement an amend- in the United States. We offer all the ment or amendments to 27 CFR 178.118 or to tigations and convict offenders involved in flavors of this great country to our fel- organized crime drug trafficking, including change the definition of ‘‘Curios or relics’’ in cooperative efforts with State and local law 27 CFR 178.11 or remove any item from ATF low States around. enforcement, as it relates to the Treasury Publication 5300.11 as it existed on January Michigan is responsible for creating Department law enforcement violations such 1, 1994: Provided further, That none of the the permanent middle class in America as money laundering, violent crime, and funds appropriated herein shall be available when Henry Ford decided to pay the smuggling, $110,594,000. to investigate or act upon applications for workers on the line $5 a day. We be- FINANCIAL MANAGEMENT SERVICE relief from Federal firearms disabilities came, in World War II, we converted all under 18 U.S.C. 925(c): Provided further, That SALARIES AND EXPENSES such funds shall be available to investigate of our automobile making capacity to For necessary expenses of the Financial and act upon applications filed by corpora- be the arsenal of democracy for the Management Service, $220,664,000, of which tions for relief from Federal firearms disabil- world. We did that for the United not to exceed $9,220,000 shall remain avail- ities under 18 U.S.C. 925(c): Provided further, States of America. We have 20 percent able until September 30, 2005, for information That no funds under this Act may be used to of the world’s fresh water right there systems modernization initiatives; and of electronically retrieve information gathered in Michigan, all of it worth defending. which not to exceed $2,500 shall be available pursuant to 18 U.S.C. 923(g)(4) by name or And I am here to tell you today that for official reception and representation ex- any personal identification code. penses. Michigan right now is under attack. UNITED STATES CUSTOMS SERVICE And I need every colleague in this BUREAU OF ALCOHOL, TOBACCO AND SALARIES AND EXPENSES FIREARMS House from Maine to California to For necessary expenses of the United Florida and everybody in between to SALARIES AND EXPENSES States Customs Service, including purchase and lease of up to 1,535 motor vehicles, of step up to the plate and say, We will For necessary expenses of the Bureau of stand beside you, those who have stood Alcohol, Tobacco and Firearms, including which 550 are for replacement only and of purchase of not to exceed 822 vehicles for po- which 1,500 are for police-type use and com- by America before. lice-type use, of which 650 shall be for re- mercial operations; hire of motor vehicles; In the year 2000, Canadians sent 4.2 placement only, and hire of passenger motor contracting with individuals for personal million cubic yards of waste to Michi- vehicles; hire of aircraft; services of expert services abroad; not to exceed $40,000 for offi- gan, nearly double from the year be- witnesses at such rates as may be deter- cial reception and representation expenses; fore. Canada is the second largest land and awards of compensation to informers, as mined by the Director; for payment of per mass country in the world, and yet diem and/or subsistence allowances to em- authorized by any Act enforced by the United States Customs Service, $2,496,165,000, they think they are unable to handle ployees where a major investigative assign- their own trash. This gets worse. ment requires an employee to work 16 hours of which such sums as become available in or more per day or to remain overnight at the Customs User Fee Account, except sums Toronto is scheduled to close its last his or her post of duty; not to exceed $20,000 subject to section 13031(f)(3) of the Consoli- landfill at the end of the year. Re- for official reception and representation ex- dated Omnibus Budget Reconciliation Act of cently, city workers in Toronto went penses; for training of State and local law 1985 (19 U.S.C. 58c(f)(3)), shall be derived from on strike. I want to point this out to enforcement agencies with or without reim- that Account; of the total, not to exceed you. This is the scene in Toronto just a $150,000 shall be available for payment for bursement, including training in connection few weeks ago: trash blocking road- with the training and acquisition of canines rental space in connection with preclearance operations; not to exceed $4,000,000 shall be ways. This is a park area they had to for explosives and fire accelerants detection; available until expended for research; not fill in with trash from Toronto. As you not to exceed $50,000 for cooperative research less than $100,000 shall be available to pro- and development programs for Laboratory can see, the residents were just throw- mote public awareness of the child pornog- Services and Fire Research Center activities; ing bags over the fence, piling up ev- raphy tipline; not to exceed $5,000,000 shall and provision of laboratory assistance to erywhere all across their city. be available until expended for conducting State and local agencies, with or without re- special operations pursuant to 19 U.S.C. 2081; b 1615 imbursement, $891,034,000; of which not to ex- not to exceed $8,000,000 shall be available ceed $1,000,000 shall be available for the pay- Here is the bad news about that. All until expended for the procurement of auto- ment of attorneys’ fees as provided by 18 mation infrastructure items, including hard- of that trash that my colleagues see U.S.C. 924(d)(2); of which up to $2,000,000 shall ware, software, and installation; and not to right here, absolutely unregulated as be available for the equipping of any vessel, exceed $5,000,000 shall be available until ex- to what is in its contents, is coming to vehicle, equipment, or aircraft available for pended for repairs to Customs facilities: Pro- the great State of Michigan. Let me official use by a State or local law enforce- vided, That uniforms may be purchased with- just quote for my colleagues from ment agency if the conveyance will be used out regard to the general purchase price lim- in joint law enforcement operations with the someone from Toronto, when they set- itation for the current fiscal year: Provided tled the strike and said it is all over, Bureau of Alcohol, Tobacco and Firearms further, That notwithstanding any other pro- and for the payment of overtime salaries in- vision of law, the fiscal year aggregate over- she was quoted as saying ‘‘I’m relieved cluding Social Security and Medicare, trav- time limitation prescribed in subsection that it’s on its way. It was polluted, el, fuel, training, equipment, supplies, and 5(c)(1) of the Act of February 13, 1911 (19 smelly and germy.’’ other similar costs of State and local law en- U.S.C. 261 and 267) shall be $30,000. One hundred sixty trucks a day of forcement personnel, including sworn offi- AMENDMENT NO. 13 OFFERED BY MR. ROGERS OF polluted, smelly and germy Toronto cers and support personnel, that are incurred MICHIGAN in joint operations with the Bureau of Alco- trash coming to pollute the great State hol, Tobacco and Firearms; of which Mr. ROGERS of Michigan. Mr. Chair- of Michigan, and at the end of this $13,000,000, to remain available until ex- man, I offer an amendment. year, when their landfill closes, that is pended, shall be available for disbursements The CHAIRMAN pro tempore. The going to go to nearly 250 trucks every through grants, cooperative agreements or Clerk will designate the amendment. day of this trash in our landfills. contracts to local governments for Gang Re- The text of the amendment is as fol- Michigan has had a long-term vision of sistance Education and Training; and of lows: this. Just with Canadian trash alone, it which $3,200,000 for new headquarters shall Amendment No. 13 offered by Mr. ROGERS cuts our landfill capacity from 20 years remain available until September 30, 2004: of Michigan: to 10 years, and getting smaller every Provided, That no funds made available by In the item relating to ‘‘UNITED STATES this or any other Act may be used to transfer CUSTOMS SERVICE–SALARIES AND EXPENSES’’, day. the functions, missions, or activities of the after the second dollar amount, insert ‘‘(in- In the one landfill that we found that Bureau of Alcohol, Tobacco and Firearms to creased by $700,000)’’. accepted Canadian trash, PCBs, soil

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.106 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5251 coffin waste, I do not know what that Mr. BARCIA. Mr. Chairman, I rise in support goods; the provision of support to Customs is, scares me to find out, the needle of the amendment offered by my friend and and other Federal, State, and local agencies program in Toronto coming to a land- colleague from Michigan, Mr. Rogers, who has in the enforcement or administration of laws fill near the great citizens of Michigan. enforced by the Customs Service; and, at the been a leader on this issue of waste importa- discretion of the Commissioner of Customs, This amendment is important today. tion since coming to Congress. the provision of assistance to Federal, State, There is a lot of work we need to do on In 2000, Canadians sent 4.2 million cubic and local agencies in other law enforcement this issue to stop it, but before we do yards of waste to Michigan—nearly double and emergency humanitarian efforts, that, we ought to be able to have the from the year before, and that staggering fig- $190,000,000, which shall remain available courage today to stand with our fellow ure is only going to increase as Toronto is until expended: Provided, That no aircraft or Michiganders and say we are going to scheduled to close its last landfill at the end of other related equipment, with the exception give them at least the hope to protect this year. of aircraft which is one of a kind and has their environment in the great State of been identified as excess to Customs require- Every day, more than 150 trucks carrying ments and aircraft which has been damaged Michigan. solid waste from Canada come across just two beyond repair, shall be transferred to any The purpose is to hire six Customs bridges into my home state of Michigan, head- other Federal agency, department, or office agents to be stationed 24 hours a day ed for nearby landfills, another number sure to outside of the Department of the Treasury, on the Ambassador Bridge and the De- increase as landfills in Ontario shut down. during fiscal year 2003 without the prior ap- troit Windsor Tunnel, whose sole re- What the importation of trash from Canada proval of the Committees on Appropriations. sponsibility is to inspect Canadian has done is to cut Michigan’s landfill capacity AUTOMATION MODERNIZATION trash coming into Michigan. The in half, but what’s worse, the trash often con- For expenses not otherwise provided for money includes equipment, training tains PCB’s and other harmful waste which Customs automated systems, $439,332,000, to remain available until expended, of which and benefits. does not meet existing environmental and Now, the only way that we are going not less than $316,900,000 shall be for the de- health regulations in this country. to stop this trash, whatever is in that velopment of the Automated Commercial That leaves Michiganders suffering a variety bag that that Torontan is sending to Environment: Provided, That none of the of medical ailments and American taxpayers funds appropriated under this heading may us, is to get our hands dirty and crawl footing much of the bill for their treatment. And be obligated for the Automated Commercial around in it and inspect it and find out for what? So that we can dispense of Cana- Environment until the United States Cus- where the PCBs are coming from, dian trash. toms Service prepares and submits to the where the soil coffin waste is coming The amendment currently before the House Committees on Appropriations a plan for ex- from, where their bottles, which they penditure that: (1) meets the capital plan- takes less than 2 percent of the $3.8 billion in refuse to have a deposit program like ning and investment control review require- funding allocated by the bill for IRS Proc- Michigan does, is coming from. ments established by the Office of Manage- This is the right and decent thing to essing, Assistance and Management and uses ment and Budget, including OMB Circular A– do to let us in Michigan defend our bor- it to hire six new customs agents to be sta- 11, part 3; (2) complies with the United tioned at two U.S. entry points in Michigan States Customs Service’s Enterprise Infor- ders as we have stood with the rest of mation Systems Architecture; (3) complies this country to defend their borders. whose sole job it is to inspect the trash coming across our borders every day. with the acquisition rules, requirements, I am going to ask my colleagues guidelines, and systems acquisition manage- again today, please strongly support These customs agents will protect American ment practices of the Federal Government; this amendment. We want to make citizens—and not only those in Michigan—by (4) is reviewed and approved by the Customs sure that every trash container coming preventing harmful waste from entering our Investment Review Board, the Department into Michigan meets existing environ- country and our communities at the border. of the Treasury, and the Office of Manage- mental and health regulations. Today, The importation of solid waste from Canada ment and Budget; and (5) is reviewed by the we have no idea if that is happening. will still be a problem to communities across General Accounting Office: Provided further, Michigan even if this amendment passes and That none of the funds appropriated under Today, we have no idea if there is this heading may be obligated for the Auto- leeching from this material, ruining this legislation is signed into law. But at least mated Commercial Environment until such our lakes, our streams, ruining the the people living in these communities will be expenditure plan has been approved by the great land of Michigan. able to sleep easy knowing that their health is Committees on Appropriations. Instead of spending a little more no longer at risk from this trash. UNITED STATES MINT money going after grandma who owes This amendment is very simple, very UNITED STATES MINT PUBLIC ENTERPRISE the IRS 12 bucks, we are going to say straightforward, and very cost effective, and I FUND please spend just a little bit less of urge it’s adoption. Pursuant to section 5136 of title 31, United that $4 billion that we are reducing to The CHAIRMAN pro tempore (Mr. States Code, the United States Mint is pro- protect the health and environment of HASTINGS of Washington). The question vided funding through the United States my home State, the great State of is on the amendment offered by the Mint Public Enterprise Fund for costs asso- Michigan, and I challenge all of my gentleman from Michigan (Mr. ROG- ciated with the production of circulating coins, numismatic coins, and protective ERS). colleagues to please support this issue. services, including both operating expenses Stand loudly with us as we tell the Ca- The amendment was agreed to. and capital investments. The aggregate nadians to please handle their own The CHAIRMAN pro tempore. The amount of new liabilities and obligations in- trash and leave the littering to those Clerk will read. curred during fiscal year 2003 under such sec- who get a ticket. The Clerk read as follows: tion 5136 for circulating coinage and protec- Mr. ISTOOK. Mr. Chairman, I move HARBOR MAINTENANCE FEE COLLECTION tive service capital investments of the United States Mint shall not exceed to strike the last word. (INCLUDING TRANSFER OF FUNDS) Mr. Chairman, I will not consume the $34,900,000. For administrative expenses related to the BUREAU OF THE PUBLIC DEBT 5 minutes. I certainly appreciate the collection of the Harbor Maintenance Fee, ADMINISTERING THE PUBLIC DEBT passion of the gentleman from Michi- pursuant to Public Law 103–182, $3,000,000, to gan (Mr. ROGERS). It certainly is a sig- be derived from the Harbor Maintenance For necessary expenses connected with any nificant problem. I am not quite sure Trust Fund and to be transferred to and public-debt issues of the United States, what it will take to resolve it totally, merged with the Customs ‘‘Salaries and Ex- $173,073,000, of which not to exceed $2,500 penses’’ account for such purposes. shall be available for official reception and but at this point anyway, we certainly representation expenses, and of which not to would be willing to accept the amend- OPERATION, MAINTENANCE AND PROCUREMENT, exceed $2,000,000 shall remain available until ment. AIR AND MARINE INTERDICTION PROGRAMS expended for systems modernization: Pro- Mr. HOYER. Mr. Chairman, I move to For expenses, not otherwise provided for, vided, That the sum appropriated herein strike the requisite number of words. necessary for the operation and maintenance from the General Fund for fiscal year 2003 Mr. Chairman, I agree with the gen- of marine vessels, aircraft, and other related shall be reduced by not more than $4,400,000 tleman from Oklahoma (Mr. ISTOOK). I equipment of the Air and Marine Programs, as definitive security issue fees and Treasury know that the gentleman from Michi- including operational training and mission- Direct Investor Account Maintenance fees related travel, and rental payments for fa- are collected, so as to result in a final fiscal gan has worked very hard on this, cilities occupied by the air or marine inter- year 2003 appropriation from the General other Members in Michigan, and we diction and demand reduction programs, the Fund estimated at $168,673,000. In addition, will have no objection to this amend- operations of which include the following: $40,000, to be derived from the Oil Spill Li- ment. the interdiction of narcotics and other ability Trust Fund to reimburse the Bureau

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.132 pfrm17 PsN: H23PT2 H5252 CONGRESSIONAL RECORD — HOUSE July 23, 2002 for administrative and personnel expenses and (6) complies with the acquisition rules, able, at the discretion of the Director, for for financial management of the Fund, as au- requirements, guidelines, and systems acqui- the following: training United States Postal thorized by section 1012 of Public Law 101– sition management practices of the Federal Service law enforcement personnel and Post- 380. Government. al police officers, training Federal law en- INTERNAL REVENUE SERVICE ADMINISTRATIVE PROVISIONS—INTERNAL forcement officers, training State and local government law enforcement officers on a PROCESSING, ASSISTANCE, AND MANAGEMENT REVENUE SERVICE space-available basis with or without reim- For necessary expenses of the Internal SEC. 101. Not to exceed 5 percent of any ap- bursement of actual costs to this appropria- Revenue Service for pre-filing taxpayer as- propriation made available in this Act to the tion, training private sector security offi- sistance and education, filing and account Internal Revenue Service may be transferred cials on a space-available basis with reim- services, shared services support, general to any other Internal Revenue Service appro- bursement of actual costs to this appropria- management and administration; and serv- priation upon the advance approval of the tion, and training foreign law enforcement ices as authorized by 5 U.S.C. 3109, at such Committees on Appropriations. officers on a space-available basis with reim- rates as may be determined by the Commis- SEC. 102. The Internal Revenue Service bursement of actual costs to this appropria- sioner, $3,955,777,000, of which up to $3,950,000 shall maintain a training program to ensure tion: Provided further, That the United States shall be for the Tax Counseling for the Elder- that Internal Revenue Service employees are Secret Service is authorized to obligate ly Program, of which $9,000,000 shall be avail- trained in taxpayers’ rights, in dealing cour- funds in anticipation of reimbursements able for low-income taxpayer clinic grants, teously with the taxpayers, and in cross-cul- from agencies and entities receiving training and of which not to exceed $25,000 shall be for tural relations. sponsored by the James J. Rowley Training official reception and representation ex- SEC. 103. The Internal Revenue Service Center, except that total obligations at the penses. shall institute and enforce policies and pro- end of the fiscal year shall not exceed total TAX LAW ENFORCEMENT cedures that will safeguard the confiden- budgetary resources available at the end of tiality of taxpayer information. For necessary expenses of the Internal the fiscal year: Provided further, That the SEC. 104. Funds made available by this or Revenue Service for determining and estab- James J. Rowley Training Center is author- any other Act to the Internal Revenue Serv- lishing tax liabilities; providing litigation ized to provide short-term medical services ice shall be available for improved facilities support; conducting criminal investigation for students undergoing training at the Cen- and increased manpower to provide suffi- and enforcement activities; securing unfiled ter. cient and effective 1–800 help line service for tax returns; collecting unpaid accounts; con- ACQUISITION, CONSTRUCTION, IMPROVEMENTS, taxpayers. The Commissioner shall continue ducting a document matching program; re- AND RELATED EXPENSES to make the improvement of the Internal solving taxpayer problems through prompt For necessary expenses of construction, re- Revenue Service 1–800 help line service a pri- identification, referral and settlement; com- pair, alteration, and improvement of facili- ority and allocate resources necessary to in- piling statistics of income and conducting ties, $3,519,000, to remain available until ex- crease phone lines and staff to improve the compliance research; purchase (for police- pended. Internal Revenue Service 1–800 help line type use, not to exceed 850) and hire of pas- service. GENERAL PROVISIONS—DEPARTMENT senger motor vehicles (31 U.S.C. 1343(b)); and OF THE TREASURY UNITED STATES SECRET SERVICE services as authorized by 5 U.S.C. 3109, at SEC. 110. Any obligation or expenditure by such rates as may be determined by the SALARIES AND EXPENSES the Secretary of the Treasury in connection Commissioner, $3,729,072,000 of which not to For necessary expenses of the United with law enforcement activities of a Federal exceed $1,000,000 shall remain available until States Secret Service, including purchase of agency or a Department of the Treasury law September 30, 2005, for research. not to exceed 610 vehicles for police-type use enforcement organization in accordance with EARNED INCOME TAX CREDIT COMPLIANCE for replacement only, and hire of passenger 31 U.S.C. 9703(g)(4)(B) from unobligated bal- INITIATIVE motor vehicles; purchase of American-made ances remaining in the Fund on September For funding essential earned income tax side-car compatible motorcycles; hire of air- 30, 2003, shall be made in compliance with re- credit compliance and error reduction initia- craft; services of expert witnesses at such programming guidelines. tives, $146,000,000, of which not to exceed rates as may be determined by the Director; SEC. 111. Appropriations to the Department $10,000,000 may be used to reimburse the So- rental of buildings in the District of Colum- of the Treasury in this Act shall be available cial Security Administration for the costs of bia, and fencing, lighting, guard booths, and for uniforms or allowances therefor, as au- implementing section 1090 of the Taxpayer other facilities on private or other property thorized by law (5 U.S.C. 5901), including Relief Act of 1997. not in Government ownership or control, as maintenance, repairs, and cleaning; purchase of insurance for official motor vehicles oper- INFORMATION SYSTEMS may be necessary to perform protective functions; for payment of per diem andor ated in foreign countries; purchase of motor For necessary expenses of the Internal subsistence allowances to employees where a vehicles without regard to the general pur- Revenue Service for information systems protective assignment during the actual day chase price limitations for vehicles pur- and telecommunications support, including or days of the visit of a protectee require an chased and used overseas for the current fis- developmental information systems and employee to work 16 hours per day or to re- cal year; entering into contracts with the operational information systems; the hire of main overnight at his or her post of duty; Department of State for the furnishing of passenger motor vehicles (31 U.S.C. 1343(b)); the conducting of and participating in fire- health and medical services to employees and services as authorized by 5 U.S.C. 3109, at arms matches; presentation of awards; for and their dependents serving in foreign coun- such rates as may be determined by the travel of Secret Service employees on pro- tries; and services authorized by 5 U.S.C. Commissioner, $1,632,444,000, which shall re- tective missions without regard to the limi- 3109. SEC. 112. The funds provided to the Bureau main available until September 30, 2004. tations on such expenditures in this or any of Alcohol, Tobacco and Firearms for fiscal BUSINESS SYSTEMS MODERNIZATION other Act if approval is obtained in advance year 2003 in this Act for the enforcement of For necessary expenses of the Internal from the Committees on Appropriations; for the Federal Alcohol Administration Act Revenue Service, $436,000,000, to remain research and development; for making grants shall be expended in a manner so as not to available until September 30, 2005, for the to conduct behavioral research in support of diminish enforcement efforts with respect to capital asset acquisition of information protective research and operations; not to section 105 of the Federal Alcohol Adminis- technology systems, including management exceed $25,000 for official reception and rep- tration Act. and related contractual costs of said acquisi- resentation expenses; not to exceed $100,000 SEC. 113. Not to exceed 2 percent of any ap- tions, including contractual costs associated to provide technical assistance and equip- propriations in this Act made available to with operations authorized by 5 U.S.C. 3109: ment to foreign law enforcement organiza- the Federal Law Enforcement Training Cen- Provided, That none of these funds may be tions in counterfeit investigations; for pay- ter, Financial Crimes Enforcement Network, obligated until the Internal Revenue Service ment in advance for commercial accom- Bureau of Alcohol, Tobacco and Firearms, submits to the Committees on Appropria- modations as may be necessary to perform United States Customs Service, Interagency tions, and such Committees approve, a plan protective functions; and for uniforms with- Crime and Drug Enforcement, and United for expenditure that: (1) meets the capital out regard to the general purchase price lim- States Secret Service may be transferred be- planning and investment control review re- itation for the current fiscal year, tween such appropriations upon the advance quirements established by the Office of Man- $1,017,892,000, of which $1,633,000 shall be approval of the Committees on Appropria- agement and Budget, including Circular A–11 available for forensic and related support of tions. No transfer may increase or decrease part 3; (2) complies with the Internal Rev- investigations of missing and exploited chil- any such appropriation by more than 2 per- enue Service’s enterprise architecture, in- dren, and of which $4,000,000 shall be avail- cent. cluding the modernization blueprint; (3) con- able as a grant for activities related to the Mr. ISTOOK. Mr. Chairman, I ask forms with the Internal Revenue Service’s investigations of exploited children and shall unanimous consent that the remainder enterprise life cycle methodology; (4) is ap- remain available until expended: Provided, proved by the Internal Revenue Service, the That up to $18,000,000 provided for protective of the bill through page 44, line 12, be Department of the Treasury, and the Office travel shall remain available until Sep- considered as read, printed in the of Management and Budget; (5) has been re- tember 30, 2004; Provided further, That funds RECORD and open to amendment at any viewed by the General Accounting Office; appropriated in this account shall be avail- point.

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.108 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5253 The CHAIRMAN pro tempore. Is $60,014,000, of which $31,014,000 shall not be sums as may be necessary: Provided, That all there objection to the request of the available for obligation until October 1, 2003: reimbursable operating expenses of the Exec- gentleman from Oklahoma? Provided, That mail for overseas voting and utive Residence shall be made in accordance There was no objection. mail for the blind shall continue to be free: with the provisions of this paragraph: Pro- Provided further, That 6-day delivery and vided further, That, notwithstanding any The text of the bill from page 26, line rural delivery of mail shall continue at not other provision of law, such amount for re- 13, to page 44, line 12, is, as follows: less than the 1983 level: Provided further, imbursable operating expenses shall be the SEC. 114. Not to exceed 2 percent of any ap- That none of the funds made available to the exclusive authority of the Executive Resi- propriations in this Act made available to Postal Service by this Act shall be used to dence to incur obligations and to receive off- the Departmental Office—Salaries and Ex- implement any rule, regulation, or policy of setting collections, for such expenses: Pro- penses, Office of Inspector General, Treasury charging any officer or employee of any vided further, That the Executive Residence Inspector General for Tax Administration, State or local child support enforcement shall require each person sponsoring a reim- Financial Management Service, and Bureau agency, or any individual participating in a bursable political event to pay in advance an of the Public Debt, may be transferred be- State or local program of child support en- amount equal to the estimated cost of the tween such appropriations upon the advance forcement, a fee for information requested or event, and all such advance payments shall approval of the Committees on Appropria- provided concerning an address of a postal be credited to this account and remain avail- tions. No transfer may increase or decrease customer: Provided further, That none of the able until expended: Provided further, That any such appropriation by more than 2 per- funds provided in this Act shall be used to the Executive Residence shall require the na- cent. consolidate or close small rural and other tional committee of the political party of SEC. 115. Not to exceed 2 percent of any ap- small post offices in fiscal year 2003. the President to maintain on deposit $25,000, propriation made available in this Act to the This title may be cited as the ‘‘Postal to be separately accounted for and available Internal Revenue Service may be transferred Service Appropriations Act, 2003’’. for expenses relating to reimbursable polit- to the Treasury Inspector General for Tax TITLE III—EXECUTIVE OFFICE OF THE ical events sponsored by such committee Administration’s appropriation upon the ad- PRESIDENT AND FUNDS APPRO- during such fiscal year: Provided further, vance approval of the Committees on Appro- PRIATED TO THE PRESIDENT That the Executive Residence shall ensure priations. No transfer may increase or de- that a written notice of any amount owed for crease any such appropriation by more than COMPENSATION OF THE PRESIDENT AND THE WHITE HOUSE OFFICE a reimbursable operating expense under this 2 percent. paragraph is submitted to the person owing SEC. 116. Of the funds available for the pur- COMPENSATION OF THE PRESIDENT such amount within 60 days after such ex- chase of law enforcement vehicles, no funds For compensation of the President, includ- pense is incurred, and that such amount is may be obligated until the Secretary of the ing an expense allowance at the rate of collected within 30 days after the submission Treasury certifies that the purchase by the $50,000 per annum as authorized by 3 U.S.C. of such notice: Provided further, That the Ex- respective Treasury bureau is consistent 102, $450,000: Provided, That none of the funds ecutive Residence shall charge interest and with Departmental vehicle management made available for official expenses shall be assess penalties and other charges on any principles: Provided, That the Secretary may expended for any other purpose and any un- such amount that is not reimbursed within delegate this authority to the Assistant Sec- used amount shall revert to the Treasury such 30 days, in accordance with the interest retary for Management. pursuant to section 1552 of title 31, United and penalty provisions applicable to an out- SEC. 117. None of the funds appropriated in States Code: Provided further, That none of standing debt on a United States Govern- this Act or otherwise available to the De- the funds made available for official ex- ment claim under section 3717 of title 31, partment of the Treasury or the Bureau of penses shall be considered as taxable to the United States Code: Provided further, That Engraving and Printing may be used to rede- President. each such amount that is reimbursed, and sign the $1 Federal Reserve note. SALARIES AND EXPENSES any accompanying interest and charges, SEC. 118. The Secretary of the Treasury shall be deposited in the Treasury as mis- may transfer funds from ‘‘Salaries and Ex- For necessary expenses for the White House as authorized by law, including not to cellaneous receipts: Provided further, That penses’’, Financial Management Service, to the Executive Residence shall prepare and the Debt Services Account as necessary to exceed $3,850,000 for services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence ex- submit to the Committees on Appropria- cover the costs of debt collection: Provided, tions, by not later than 90 days after the end That such amounts shall be reimbursed to penses as authorized by 3 U.S.C. 105, which shall be expended and accounted for as proof the fiscal year covered by this Act, a re- such Salaries and Expenses account from port setting forth the reimbursable oper- debt collections received in the Debt Serv- vided in that section; hire of passenger motor vehicles, newspapers, periodicals, tele- ating expenses of the Executive Residence ices Account. during the preceding fiscal year, including SEC. 119. Section 122(g)(1) of Public Law type news service, and travel (not to exceed $100,000 to be expended and accounted for as the total amount of such expenses, the 105–119 (5 U.S.C. 3104 note), is further amend- amount of such total that consists of reim- ed by striking ‘‘4 years’’ and inserting ‘‘5 provided by 3 U.S.C. 103); and not to exceed $19,000 for official entertainment expenses, to bursable official and ceremonial events, the years’’. amount of such total that consists of reim- SEC. 120. None of the funds appropriated or be available for allocation within the Execu- tive Office of the President, $50,715,000: Pro- bursable political events, and the portion of otherwise made available by this or any each such amount that has been reimbursed other Act may be used by the United States vided, That $8,650,000 of the funds appropriated shall be available for reimburse- as of the date of the report: Provided further, Mint to construct or operate any museum That the Executive Residence shall maintain without the explicit approval of the House ments to the White House Communications Agency. a system for the tracking of expenses related Committee on Financial Services and the to reimbursable events within the Executive Senate Committee on Banking, Housing, and OFFICE OF HOMELAND SECURITY Residence that includes a standard for the Urban Affairs. SALARIES AND EXPENSES classification of any such expense as polit- EC. 121. None of the funds appropriated or S For necessary expenses of the Office of ical or nonpolitical: Provided further, That no made available by this Act may be used for Homeland Security, pursuant to Executive provision of this paragraph may be construed the production of Customs Declarations that Order 13288, $24,061,000: Provided, That the Of- to exempt the Executive Residence from any do not inquire whether the passenger had fice of Homeland Security shall submit a re- other applicable requirement of subchapter I been in the proximity of livestock. port identifying estimated obligations for or II of chapter 37 of title 31, United States SEC. 122. The Federal Law Enforcement each function assigned to this Office pursu- Code. Training Center is directed to establish an ant to Executive Order 13288 to the House accrediting body that will include represent- WHITE HOUSE REPAIR AND RESTORATION Committee on Appropriations no later than atives from the Federal law enforcement For the repair, alteration, and improve- November 1, 2002. community, as well as non-Federal accredi- ment of the Executive Residence at the tation experts involved in law enforcement EXECUTIVE RESIDENCE AT THE WHITE White House, $1,200,000, to remain available training. The purpose of this body will be to HOUSE until expended, for projects for required establish standards for measuring and as- OPERATING EXPENSES maintenance, safety and health issues, and sessing the quality and effectiveness of Fed- For the care, maintenance, repair and al- continued preventative maintenance. eral law enforcement training programs, fa- teration, refurnishing, improvement, heat- SPECIAL ASSISTANCE TO THE cilities, and instructors. ing, and lighting, including electric power PRESIDENT AND This title may be cited as the ‘‘Treasury and fixtures, of the Executive Residence at THE OFFICIAL RESIDENCE OF THE VICE Department Appropriations Act, 2003’’. the White House and official entertainment PRESIDENT TITLE II—POSTAL SERVICE expenses of the President, $12,228,000, to be SALARIES AND EXPENSES expended and accounted for as provided by 3 PAYMENT TO THE POSTAL SERVICE FUND For necessary expenses to enable the Vice U.S.C. 105, 109, 110, and 112–114. For payment to the Postal Service Fund President to provide assistance to the Presi- for revenue forgone on free and reduced rate REIMBURSABLE EXPENSES dent in connection with specially assigned mail, pursuant to subsections (c) and (d) of For the reimbursable expenses of the Exec- functions; services as authorized by 5 U.S.C. section 2401 of title 39, United States Code, utive Residence at the White House, such 3109 and 3 U.S.C. 106, including subsistence

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.134 pfrm17 PsN: H23PT2 H5254 CONGRESSIONAL RECORD — HOUSE July 23, 2002 expenses as authorized by 3 U.S.C. 106, which That none of the funds made available for obtaining the optical scan or electronic vot- shall be expended and accounted for as pro- the Office of Management and Budget by this ing equipment used to administer the most vided in that section; and hire of passenger Act may be expended for the altering of the recent regularly scheduled general election motor vehicles, $3,160,000. transcript of actual testimony of witnesses, for Federal office in the State, except that in OPERATING EXPENSES except for testimony of officials of the Office no case may the amount of the payment ex- of Management and Budget, before the Com- ceed $6,000 per voting precinct in the State (INCLUDING TRANSFER OF FUNDS) mittees on Appropriations or the Commit- at the time of the election: Provided further, For the care, operation, refurnishing, im- tees on Veterans’ Affairs or their sub- That total payments made under the pro- provement, heating and lighting, including committees: Provided further, That the pre- gram under the sixth proviso shall not ex- electric power and fixtures, of the official ceding shall not apply to printed hearings re- ceed $23,000,000. residence of the Vice President; the hire of leased by the Committees on Appropriations OFFICE OF NATIONAL DRUG CONTROL passenger motor vehicles; and not to exceed or the Committees on Veterans’ Affairs: Pro- POLICY $90,000 for official entertainment expenses of vided further, That none of the funds appro- SALARIES AND EXPENSES the Vice President, to be accounted for sole- priated in this Act may be available to pay ly on his certificate, $324,000: Provided, That the salary or expenses of any employee of (INCLUDING TRANSFER OF FUNDS) advances or repayments or transfers from the Office of Management and Budget who, For necessary expenses of the Office of Na- this appropriation may be made to any de- after February 15, 2003, calculates, prepares, tional Drug Control Policy; for research ac- partment or agency for expenses of carrying or approves any tabular or other material tivities pursuant to the Office of National out such activities. that proposes the sub-allocation of budget Drug Control Policy Reauthorization Act of COUNCIL OF ECONOMIC ADVISERS authority or outlays by the Committees on 1998 (21 U.S.C. 1701 et seq.); not to exceed SALARIES AND EXPENSES Appropriations among their subcommittees. $10,000 for official reception and representa- ELECTRONIC GOVERNMENT FUND tion expenses; and for participation in joint For necessary expenses of the Council of projects or in the provision of services on Economic Advisors in carrying out its func- (INCLUDING TRANSFER OF FUNDS) matters of mutual interest with nonprofit, tions under the Employment Act of 1946 (15 For necessary expenses in support of inter- research, or public organizations or agencies, U.S.C. 1021), $3,763,000. agency projects that enable the Federal Gov- with or without reimbursement, $24,458,000; OFFICE OF POLICY DEVELOPMENT ernment to expand its ability to conduct ac- of which $2,350,000 shall remain available SALARIES AND EXPENSES tivities electronically, through the develop- until expended, consisting of $1,350,000 for ment and implementation of innovative uses For necessary expenses of the Office of Pol- policy research and evaluation, and $1,000,000 of the Internet and other electronic methods icy Development, including services as au- for the National Alliance for Model State $5,000,000 to remain available until expended: thorized by 5 U.S.C. 3109 and 3 U.S.C. 107, Drug Laws: Provided, That the Office is au- Provided, That these funds may be trans- $3,251,000. thorized to accept, hold, administer, and uti- ferred to Federal agencies to carry out the lize gifts, both real and personal, public and NATIONAL SECURITY COUNCIL purposes of the Fund: Provided further, That private, without fiscal year limitation, for SALARIES AND EXPENSES this transfer authority shall be in addition the purpose of aiding or facilitating the work For necessary expenses of the National Se- to any other transfer authority provided in of the Office: Provided further, That $5,000,000 curity Council, including services as author- this Act: Provided further, That such trans- of these funds shall not be obligated until ized by 5 U.S.C. 3109, $7,803,000. fers may not be made until 10 days after a the Director submits performance measures proposed spending plan and justification for OFFICE OF ADMINISTRATION of effectiveness for the High Intensity Drug each project to be undertaken has been sub- Trafficking Areas program to the House SALARIES AND EXPENSES mitted to the Committees on Appropria- Committee on Appropriations: Provided fur- For necessary expenses of the Office of Ad- tions. ther, That none of the funds appropriated ministration, including services as author- ELECTION ADMINISTRATION REFORM shall be used to submit a fiscal year 2004 ized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire AND RELATED EXPENSES budget request that is not supported by per- of passenger motor vehicles, $92,681,000, of (INCLUDING TRANSFER OF FUNDS) formance measures of effectiveness data, in- which $17,495,000 shall remain available until cluding supporting justifications for each For necessary expenses for the implemen- expended for the Capital Investment Plan for High Intensity Drug Trafficking Area and an tation of election administration reform, continued modernization of the information optimal spending allocation based on the and related expenses, $200,000,000, to remain technology infrastructure within the Execu- same measures. tive Office of the President: Provided, That available until expended: Provided, That such COUNTERDRUG TECHNOLOGY ASSESSMENT the Executive Office of the President shall amount shall not be available for obligation CENTER submit a report to the House Committee on until the enactment of legislation that es- Appropriations that includes a current de- tablishes programs for improving the admin- (INCLUDING TRANSFER OF FUNDS) scription of: (1) the Enterprise Architecture, istration of elections: Provided further, That, For necessary expenses for the as defined in OMB Circular A–130 and the upon the enactment of such legislation, the Counterdrug Technology Assessment Center Federal Chief Information Officers Council Director of the Office of Management and for research activities pursuant to the Office guidance; (2) the Information Technology Budget shall transfer the specific amounts of National Drug Control Policy Reauthor- (IT) Human Capital Plan; (3) the capital in- authorized, for the purposes designated, to ization Act of 1998 (21 U.S.C. 1701 et seq.), vestment plan for implementing the Enter- the Federal entities specified by such legisla- $55,800,000, which shall remain available prise Architecture; and (4) the IT capital tion, and according to the provisions estab- until expended, consisting of $26,064,000 for planning and investment control process: lished in H.R. 3295, as passed by the House of counternarcotics research and development Provided further, That this report shall be re- Representatives on December 12, 2001: Pro- projects, and $29,736,000 for the continued op- viewed and approved by the Office of Man- vided further, That, within 15 days of such eration of the technology transfer program: agement and Budget, and reviewed by the transfers, the Director of the Office of Man- Provided, That the $26,064,000 for counter- General Accounting Office. agement and Budget shall notify the Con- narcotics research and development projects gress of the amounts transferred to each au- OFFICE OF MANAGEMENT AND BUDGET shall be available for transfer to other Fed- thorized Federal entity: Provided further, eral departments or agencies. SALARIES AND EXPENSES That the entities to which the amounts are FEDERAL DRUG CONTROL PROGRAMS For necessary expenses of the Office of transferred shall use the amounts to carry Management and Budget, including hire of out the applicable provisions of such legisla- HIGH INTENSITY DRUG TRAFFICKING AREAS passenger motor vehicles and services as au- tion: Provided further, That the transfer au- PROGRAM thorized by 5 U.S.C. 3109, $61,492,000, of which thority provided in this paragraph shall be in (INCLUDING TRANSFER OF FUNDS) not to exceed $5,000,000 shall be available to addition to any other transfer authority pro- For necessary expenses of the Office of Na- carry out the provisions of chapter 35 of title vided in this or any other Act: Provided fur- tional Drug Control Policy’s High Intensity 44, United States Code, and of which not to ther, That the Federal entities referred to in Drug Trafficking Areas Program, $246,350,000, exceed $3,000 shall be available for official the second proviso shall establish a program for drug control activities consistent with representation expenses: Provided, That, as under which the entity shall make a one- the approved strategy for each of the des- provided in 31 U.S.C. 1301(a), appropriations time payment to the chief election authority ignated High Intensity Drug Trafficking shall be applied only to the objects for which of each State which, on a Statewide basis, Areas, of which no less than 51 percent shall appropriations were made except as other- obtained optical scan or electronic voting be transferred to State and local entities for wise provided by law: Provided further, That equipment for the administration of elec- drug control activities, which shall be obli- none of the funds appropriated in this Act tions for Federal office in the State prior to gated within 120 days of the date of the en- for the Office of Management and Budget the regularly scheduled general election for actment of this Act: Provided, That up to 49 may be used for the purpose of reviewing any Federal office held in November 2000: Pro- percent, to remain available until September agricultural marketing orders or any activi- vided further, That the amount of the pay- 30, 2004, may be transferred to Federal agen- ties or regulations under the provisions of ment made with respect to a State under the cies and departments at a rate to be deter- the Agricultural Marketing Agreement Act program under the previous proviso shall be mined by the Director, of which not less of 1937 (7 U.S.C. 601 et seq.): Provided further, equal to the costs incurred by the State in than $2,100,000 shall be used for auditing

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.084 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5255 services and associated activities, and at ity, pursuant to Reorganization Plan Num- Montgomery County, FDA consolidation, least $500,000 of the $2,100,000 shall be used to bered 2 of 1978, and the Civil Service Reform $45,500,000 develop and implement a data collection sys- Act of 1978, including services authorized by Suitland, National Oceanic and Atmos- tem to measure the performance of the High 5 U.S.C. 3109, and including hire of experts pheric Administration II, $9,461,000 Intensity Drug Trafficking Areas Program: and consultants, hire of passenger motor ve- Suitland, United States Census Bureau, Provided further, That High Intensity Drug hicles, and rental of conference rooms in the $176,919,000 Trafficking Areas Programs designated as of District of Columbia and elsewhere, Mississippi: September 30, 2002, shall be funded at no less $28,677,000: Provided, That public members of Jackson, United States Courthouse, than fiscal year 2002 levels unless the Direc- the Federal Service Impasses Panel may be $7,276,000 tor submits to the Committees on Appropria- paid travel expenses and per diem in lieu of Missouri: tions, and the Committees approve, justifica- subsistence as authorized by law (5 U.S.C. Cape Girardeau, United States Courthouse, tion for changes in those levels based on 5703) for persons employed intermittently in $49,311,000 clearly articulated priorities for the High In- the Government service, and compensation Montana: tensity Drug Trafficking Areas Programs, as as authorized by 5 U.S.C. 3109: Provided fur- Raymond, Border Station, $7,753,000 well as published Office of National Drug ther, That notwithstanding 31 U.S.C. 3302, New York: Control Policy performance measures of ef- funds received from fees charged to non-Fed- Brooklyn, United States Courthouse fectiveness. eral participants at labor-management rela- Annex—GPO, $39,500,000 SPECIAL FORFEITURE FUND tions conferences shall be credited to and Champlain, Border Station, $5,000,000 merged with this account, to be available Massena, Border Station, $1,646,000 (INCLUDING TRANSFER OF FUNDS) without further appropriation for the costs New York, U.S. Mission to the United Na- For activities to support a national anti- of carrying out these conferences. tions, $57,053,000 drug campaign for youth, and for other pur- GENERAL SERVICES ADMINISTRATION North Dakota: poses, authorized by the Office of National REAL PROPERTY ACTIVITIES Portal, Border Station, $2,201,000 Drug Control Policy Reauthorization Act of Oregon: 1998 (21 U.S.C. 1701 et seq.), $240,800,000, to re- FEDERAL BUILDINGS FUND Eugene, United States Courthouse, main available until expended, of which the LIMITATIONS ON AVAILABILITY OF REVENUE $77,374,000 following amounts are available as follows: (INCLUDING TRANSFER OF FUNDS) Tennessee: $170,000,000 to support a national media cam- For an additional amount to be deposited Nashville, United States Courthouse, paign, as authorized by the Drug-Free Media in, and to be used for the purposes of, the $7,095,000 Campaign Act of 1998, including no less than Fund established pursuant to section 210(f) of Texas: $150,000,000 for media buys; $60,000,000 for a the Federal Property and Administrative Austin, United States Courthouse, program of assistance and matching grants Services Act of 1949 (40 U.S.C. 490(f)), $13,809,000 to local coalitions and other activities, as $325,711,000. The revenues and collections de- Utah: authorized in chapter 2 of the National Nar- posited into the Fund shall be available for Salt Lake City, United States Courthouse, cotic Leadership Act of 1988; $6,000,000 for the necessary expenses of real property manage- $6,018,000 Counterdrug Intelligence Executive Secre- ment and related activities not otherwise Washington: tariat; $2,000,000 for evaluations and research provided for, including operation, mainte- Oroville, Border Station, $6,572,000 related to National Drug Control Program nance, and protection of federally owned and Nationwide: performance measures; $1,000,000 for the Na- leased buildings; rental of buildings in the Judgment Fund Repayment, $3,012,000 tional Drug Court Institute; $1,000,000 for the District of Columbia; restoration of leased Nonprospectus Construction, $6,253,000: United States Anti-Doping Agency for anti- premises; moving governmental agencies (in- Provided, That funding for any project identi- doping activities; and $800,000 for the United cluding space adjustments and telecommuni- fied above may be exceeded to the extent States membership dues to the World Anti- cations relocation expenses) in connection that savings are effected in other such Doping Agency: Provided, That such funds with the assignment, allocation and transfer projects, but not to exceed 10 percent of the may be transferred to other Federal depart- of space; contractual services incident to amounts included in an approved prospectus, ments and agencies to carry out such activi- cleaning or servicing buildings, and moving; if required, unless advance approval is ob- ties. repair and alteration of federally owned tained from the Committees on Appropria- UNANTICIPATED NEEDS buildings including grounds, approaches and tions of a greater amount: Provided further, For expenses necessary to enable the Presi- appurtenances; care and safeguarding of That all funds for direct construction dent to meet unanticipated needs, in further- sites; maintenance, preservation, demoli- projects shall expire on September 30, 2004, ance of the national interest, security, or de- tion, and equipment; acquisition of buildings and remain in the Federal Buildings Fund fense which may arise at home or abroad and sites by purchase, condemnation, or as except for funds for projects as to which during the current fiscal year, as authorized otherwise authorized by law; acquisition of funds for design or other funds have been ob- by 3 U.S.C. 108, $1,000,000. options to purchase buildings and sites; con- ligated in whole or in part prior to such date; This title may be cited as the ‘‘Executive version and extension of federally owned (2) $978,529,000 shall remain available until Office Appropriations Act, 2003’’. buildings; preliminary planning and design expended for repairs and alterations which The CHAIRMAN pro tempore. Are of projects by contract or otherwise; con- includes associated design and construction there any amendments to that portion struction of new buildings (including equip- services: Provided further, That funds in the of the bill? ment for such buildings); and payment of Federal Buildings Fund for Repairs and Al- If not, the Clerk will read. principal, interest, and any other obligations terations shall, for prospectus projects, be The Clerk read as follows: for public buildings acquired by installment limited to the amount by project, as follows, purchase and purchase contract; in the ag- except each project may be increased by an TITLE IV—INDEPENDENT AGENCIES gregate amount of $6,961,930,000, of which: (1) amount not to exceed 10 percent unless ad- COMMITTEE FOR PURCHASE FROM PEO- $646,385,000 shall remain available until ex- vance approval is obtained from the Commit- PLE WHO ARE BLIND OR SEVERELY pended for construction (including funds for tees on Appropriations of a greater amount: DISABLED sites and expenses and associated design and Repairs and Alterations: SALARIES AND EXPENSES construction services) of additional projects California: at the following locations: Los Angeles, Federal Building, 300 North For necessary expenses of the Committee New Construction: Los Angeles Street, $93,166,000 for Purchase From People Who Are Blind or Arkansas: San Francisco, Appraisers Building, Severely Disabled established by Public Law Little Rock, United States Courthouse $20,283,000 92–28, $4,629,000. Annex, $77,154,000 Tecate, Tecate U.S. Border Station, FEDERAL ELECTION COMMISSION California: $5,709,000 SALARIES AND EXPENSES San Diego, United States Courthouse Connecticut: For necessary expenses to carry out the Annex, $23,901,000 New Haven, Robert N. Gaimo Federal provisions of the Federal Election Campaign District of Columbia: Building, $18,507,000 Act of 1971, $49,426,000, of which no less than Washington, Southeast Federal Center Site District of Columbia: $5,866,700 shall be available for internal auto- Remediation, $6,472,000 Federal Office Building 10A Garage, mated data processing systems, and of which Florida: $5,454,000 not to exceed $5,000 shall be available for re- Fort Pierce, United States Courthouse, Harry S Truman Building (State), ception and representation expenses. $2,744,000 $29,443,000 Iowa: Illinois: FEDERAL LABOR RELATIONS Cedar Rapids, United States Courthouse, Chicago, U.S. Custom House, $9,000,000 AUTHORITY $5,167,000 Iowa: SALARIES AND EXPENSES Maine: Davenport, Federal Building and U.S. For necessary expenses to carry out func- Jackman, Border Station, $9,194,000 Courthouse, $12,586,000 tions of the Federal Labor Relations Author- Maryland: Maryland:

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.084 pfrm17 PsN: H23PT2 H5256 CONGRESSIONAL RECORD — HOUSE July 23, 2002 Baltimore, Metro West, $6,162,000 except that necessary funds may be expended GENERAL SERVICES ADMINISTRATION— Woodlawn, Operations Building, $96,905,000 for each project for required expenses for the GENERAL PROVISIONS Massachusetts: development of a proposed prospectus: Pro- SEC. 401. The appropriate appropriation or Boston, John F. Kennedy Federal Building vided further, That funds available in the fund available to the General Services Ad- Plaza, $3,271,000 Federal Buildings Fund may be expended for ministration shall be credited with the cost Missouri: emergency repairs when advance approval is of operation, protection, maintenance, up- Kansas City, Bannister Federal Complex, obtained from the Committees on Appropria- keep, repair, and improvement, included as Building 1, $16,130,000 tions: Provided further, That amounts nec- part of rentals received from Government Kansas City, Bannister Federal Complex, essary to provide reimbursable special serv- corporations pursuant to law (40 U.S.C. 129). Building 2, $3,148,000 ices to other agencies under section 210(f)(6) SEC. 402. Funds available to the General New Hampshire: of the Federal Property and Administrative Services Administration shall be available Manchester, Norris Cotton Federal Build- Services Act of 1949 (40 U.S.C. 490(f)(6)) and for the hire of passenger motor vehicles. ing, $17,668,000 amounts to provide such reimbursable fenc- SEC. 403. Funds in the Federal Buildings Portsmouth, Thomas J. McIntyre Federal ing, lighting, guard booths, and other facili- Fund made available for fiscal year 2003 for Building, $11,149,000 ties on private or other property not in Gov- Federal Buildings Fund activities may be New York: ernment ownership or control as may be ap- transferred between such activities only to New York, Jacob K. Javits Federal Build- propriate to enable the United States Secret the extent necessary to meet program re- ing, $7,568,000 Service to perform its protective functions quirements: Provided, That any proposed Ohio: pursuant to 18 U.S.C. 3056, shall be available transfers shall be approved in advance by the Cleveland, Howard M. Metzenbaum U.S. from such revenues and collections: Provided Committees on Appropriations. Courthouse, $15,212,000 further, That revenues and collections and SEC. 404. No funds made available by this Pennsylvania: any other sums accruing to this Fund during Act shall be used to transmit a fiscal year Pittsburgh, William S. Moorhead Federal fiscal year 2003, excluding reimbursements 2004 request for United States Courthouse Building, $68,793,000 under section 210(f)(6) of the Federal Prop- construction that: (1) does not meet the de- Texas: erty and Administrative Services Act of 1949 sign guide standards for construction as es- Dallas, Earle Cabell Federal Building— (40 U.S.C. 490(f)(6)) in excess of $6,961,930,000 tablished and approved by the General Serv- Courthouse and Santa Fe Federal Building, shall remain in the Fund and shall not be ices Administration, the Judicial Conference $16,394,000 available for expenditure except as author- of the United States, and the Office of Man- Fort Worth, Fritz Garland Lanham Federal ized in appropriations Acts. agement and Budget; and (2) does not reflect Building, $15,249,000 GENERAL ACTIVITIES the priorities of the Judicial Conference of Washington: POLICY AND CITIZEN SERVICES the United States as set out in its approved Seattle, Henry M. Jackson Federal Build- 5-year construction plan: Provided, That the ing, $26,832,000 For expenses authorized by law, not otherwise provided for, for Government-wide pol- fiscal year 2004 request must be accompanied Nationwide: by a standardized courtroom utilization Chlorofluorocarbons Program, $8,000,000 icy and evaluation activities associated with the management of real and personal prop- study of each facility to be constructed, re- Design Program, $45,027,000 placed, or expanded. Elevator Program, $21,533,000 erty assets and certain administrative services; Government-wide policy support re- SEC. 405. None of the funds provided in this Energy Program, $8,000,000 Act may be used to increase the amount of Glass Fragmentation Program, $20,000,000 sponsibilities relating to acquisition, telecommunications, information technology occupiable square feet, provide cleaning Terrorism, $10,000,000 services, security enhancements, or any Basic Repairs and Alterations, $367,340,000: management, and related technology activities; providing Internet access to Federal in- other service usually provided through the Provided further, That additional projects for Federal Buildings Fund, to any agency that which prospectuses have been fully approved formation and services; and services as authorized by 5 U.S.C. 3109, $65,995,000. does not pay the rate per square foot assess- may be funded under this category only if ment for space and services as determined by advance approval is obtained from the Com- OPERATING EXPENSES the General Services Administration in committees on Appropriations: Provided further, For expenses authorized by law, not other- pliance with the Public Buildings Amend- That the amounts provided in this or any wise provided for, for Government-wide ac- ments Act of 1972 (Public Law 92–313). prior Act for ‘‘Repairs and Alterations’’ may tivities associated with utilization and dona- SEC. 406. Funds provided to other Govern- be used to fund costs associated with imple- tion of surplus personal property; disposal of ment agencies by the Information Tech- menting security improvements to buildings real property; telecommunications, informa- nology Fund, General Services Administra- necessary to meet the minimum standards tion technology management, and related tion, under section 110 of the Federal Prop- for security in accordance with current law technology activities; agency-wide policy di- erty and Administrative Services Act of 1949 and in compliance with the reprogramming rection and management, and Board of Con- guidelines of the appropriate Committees of (40 U.S.C. 757) and sections 5124(b) and 5128 of tract Appeals; accounting, records manage- the House and Senate: Provided further, That the Clinger-Cohen Act of 1996 (40 U.S.C. ment, and other support services incident to the difference between the funds appro- 1424(b) and 1428), for performance of pilot in- adjudication of Indian Tribal Claims by the priated and expended on any projects in this formation technology projects which have United States Court of Federal Claims; serv- or any prior Act, under the heading ‘‘Repairs potential for Government-wide benefits and ices as authorized by 5 U.S.C. 3109; and not to and Alterations’’, may be transferred to savings, may be repaid to this Fund from exceed $7,500 for official reception and rep- Basic Repairs and Alterations or used to any savings actually incurred by these resentation expenses, $77,904,000, of which fund authorized increases in prospectus projects or other funding, to the extent fea- $17,463,000 shall remain available until ex- projects: Provided further, That all funds for sible. pended. repairs and alterations prospectus projects SEC. 407. From funds made available under shall expire on September 30, 2004, and re- OFFICE OF INSPECTOR GENERAL the heading ‘‘Federal Buildings Fund, Limi- main in the Federal Buildings Fund except For necessary expenses of the Office of In- tations on Availability of Revenue’’, claims funds for projects as to which funds for de- spector General and services authorized by 5 against the Government of less than $250,000 sign or other funds have been obligated in U.S.C. 3109, $37,617,000: Provided, That not to arising from direct construction projects and whole or in part prior to such date: Provided exceed $15,000 shall be available for payment acquisition of buildings may be liquidated further, That the amount provided in this or for information and detection of fraud from savings effected in other construction any prior Act for Basic Repairs and Alter- against the Government, including payment projects with prior notification to the Com- ations may be used to pay claims against the for recovery of stolen Government property: mittees on Appropriations. Government arising from any projects under Provided further, That not to exceed $2,500 MERIT SYSTEMS PROTECTION BOARD the heading ‘‘Repairs and Alterations’’ or shall be available for awards to employees of SALARIES AND EXPENSES used to fund authorized increases in pro- other Federal agencies and private citizens (INCLUDING TRANSFER OF FUNDS) spectus projects; (3) $178,960,000 for install- in recognition of efforts and initiatives re- ment acquisition payments including pay- sulting in enhanced Office of Inspector Gen- For necessary expenses to carry out func- ments on purchase contracts which shall re- eral effectiveness. tions of the Merit Systems Protection Board main available until expended; (4) pursuant to Reorganization Plan Numbered 2 ALLOWANCES AND OFFICE STAFF FOR FORMER $3,153,211,000 for rental of space which shall of 1978 and the Civil Service Reform Act of PRESIDENTS remain available until expended; and (5) 1978, including services as authorized by 5 $1,925,160,000 for building operations which (INCLUDING TRANSFER OF FUNDS) U.S.C. 3109, rental of conference rooms in the shall remain available until expended: Pro- For carrying out the provisions of the Act District of Columbia and elsewhere, hire of vided further, That funds available to the of August 25, 1958 (3 U.S.C. 102 note), and passenger motor vehicles, and direct pro- General Services Administration shall not be Public Law 95–138, $3,339,000: Provided, That curement of survey printing, $31,788,000 to- available for expenses of any construction, the Administrator of General Services shall gether with not to exceed $2,594,000 for ad- repair, alteration and acquisition project for transfer to the Secretary of the Treasury ministrative expenses to adjudicate retire- which a prospectus, if required by the Public such sums as may be necessary to carry out ment appeals to be transferred from the Civil Buildings Act of 1959, has not been approved, the provisions of such Acts. Service Retirement and Disability Fund in

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.110 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5257 amounts determined by the Merit Systems tional Archive and Records Adminis- outstanding leader on behalf of the rec- Protection Board. tration to microfilm the records, cre- ognition of the contributions of Afri- MORRIS K. UDALL SCHOLARSHIP AND ate a surname and locality index and can Americans to the history of this EXCELLENCE IN NATIONAL ENVIRON- to put this index on-line for access by country. MENTAL the public. This amendment will provide $600,000 POLICY FOUNDATION These efforts are intended to preserve to be spent on records administration MORRIS K. UDALL SCHOLARSHIP AND EXCEL- an important piece of American his- for the Freedmen’s Bureau. She has LENCE IN NATIONAL ENVIRONMENTAL POLICY tory for future generations. There are well outlined the contributions of the TRUST FUND many historians, genealogists and fam- Freedmen’s Bureau and the historical For payment to the Morris K. Udall Schol- ily researchers interested in exploring importance of maintaining the records arship and Excellence in National Environ- the vast context and content of these of the Freedmen’s Bureau. This was ar- mental Policy Trust Fund, pursuant to the guably one of the most significant Morris K. Udall Scholarship and Excellence records. As ship manifests are the vital in National Environmental and Native link between European Americans and times in the history of African Ameri- American Public Policy Act of 1992 (20 U.S.C. their European ancestors, the Freed- cans; and as a result, the retaining of 5601 et seq.), $1,996,000 to remain available men’s Bureau Records are the link for those records, the ensuring that those until expended: Provided, That up to 60 per- African Americans to their slave his- records are not only preserved but are cent of such funds may be transferred by the tory. available for researchers, for aca- Morris K. Udall Scholarship and Excellence For historians and genealogists, demics, and for the general public, is in National Environmental Policy Founda- these records provide the critical link very, very important. So I commend tion for the necessary expenses of the Native between the Civil War and the 1870 cen- her on her leadership on this. Nations Institute. sus, the first to list African Americans The records of the Freedmen’s Bu- ENVIRONMENTAL DISPUTE RESOLUTION FUND by name. Former slaves, recognized reau are quite extensive, Mr. Chair- For payment to the Environmental Dis- earlier in government census records man, according to the NARA. The in- pute Resolution Fund to carry out activities only by sex, age and color, were named ventory of the records of the bureau authorized in the Environmental Policy and headquarters includes about 240 record Conflict Resolution Act of 1998, $1,309,000, to in the Bureau records as individuals in remain available until expended. marriages, government rations lists, ‘‘series’’ and much more voluminous records, more than 4,400 ‘‘series’’ of the NATIONAL ARCHIVES AND RECORDS lists of colored people, labor contracts, ADMINISTRATION indentured contracts for minors, med- field offices of the State assistant com- missioners and their subordinate offi- OPERATING EXPENSES ical and school records and as victims cers. Many of the latter series contain For necessary expenses in connection with of violence. the administration of the National Archives So far in fiscal year 2002, the Na- unique data about the freedmen. And I (including the Information Security Over- tional Archives has completed filming might add that freedmen, of course, sight Office) and archived Federal records the records of the Freedmen’s Bureau also means freed women. and related activities, as provided by law, field offices in Florida, approximately In fiscal year 2002, the committee and for expenses necessary for the review 15,000 images, and Alabama, approxi- provided $600,000 for preservation and and declassification of documents, and for mately 35 images. Copies of the result- access activities associated with the the hire of passenger motor vehicles, ing film are being shipped to all 15 of records of the Freedmen’s Bureau. This $249,731,000: Provided, That the Archivist of the microfilm reading rooms managed was an increase, I might add, of $450,000 the United States is authorized to use any over the President’s request. The excess funds available from the amount bor- by the National Archives throughout rowed for construction of the National Ar- the country, with two locations in amendment of the gentlewoman from chives facility, for expenses necessary to California. California (Ms. MILLENDER-MCDONALD) provide adequate storage for holdings: Pro- Filming of approximately 23,000 im- will ensure that that same $600,000 will vided further, That of the funds made avail- ages of Arkansas field office records is be spent this year to ensure that this able, $11,837,000 is for the electronic records currently underway. Also, the National effort is continued and enhanced. These archive, $10,137,000 of which shall be avail- Archives has microfilmed approxi- funds will be used to help microfilm able until September 30, 2005. mately 5,000 images of marriage the records, assist researchers in using AMENDMENT NO. 19 OFFERED BY MS. records included among Freedmen’s related documents, provide better ac- MILLENDER-MCDONALD Bureau’s records at the headquarters cess to record inventories, and create Ms. MILLENDER-MCDONALD. Mr. level. partnerships for developing indexes. Chairman, I offer an amendment. The agency has provided copies of the Mr. Chairman, I think this amend- The CHAIRMAN pro tempore. The Florida field office film and the mar- ment is a very, very important amend- Clerk will designate the amendment. riage records film to Howard Univer- ment and will, as I say, help NARA in The text of the amendment is as fol- sity for use in testing indexing tech- pursuing this project. I might add, on lows: niques. behalf of the leadership of NARA, they Amendment No. 19 offered by Ms. Fiscal year 2003 funding will help to are very enthusiastic about pursuing MILLENDER-MCDONALD: continue the National Archives work this, and this will help them do that; Page 61, line 12, insert before the period and it will certainly justify the fact the following: to complete the next phase of micro- filming and begin the process of plac- that they spend the resources nec- : Provided further, That, of the funds provided ing the index on-line in partnership essary to effect the ends that the gen- in this paragraph, $600,000 shall be for the tlewoman from California seeks and preservation of the records of the Freed- with historically black colleges and men’s Bureau, as required by section 2910 of universities. that we all seek in making sure that title 44, United States Code, and as author- This investment in preserving the we know this history, which was so ized by section 3 of the Freedmen’s Bureau records of our past is also an important critically important as this country Records Preservation Act of 2000 (Pub. L. investment in our future as these moved from a country that articulated 106–444) records provide a unique insight into a premise that all men and women Ms. MILLENDER-MCDONALD. Mr. American history. were created equal and endowed by Chairman, I would like to thank the Mr. Chairman, I urge the House to their creator with certain inalienable chairman and the ranking member for pass this measure to preserve and pro- rights. their support and leadership on this tect this unique chronicle of our coun- Unfortunately, as Martin Luther issue. try’s past. King so dramatically and powerfully As we began to deliberate and con- intoned, we were not living up to that sider fiscal year 2003 Treasury Postal b 1630 promise, and the Emancipation Procla- appropriations, I am pleased to offer an Mr. HOYER. Mr. Chairman, I move to mation started us on that road. We are amendment to include continued fund- strike the last word, and I rise in very still not at the end of that road, and ing for the Freedmen’s Bureau Preser- strong support of this amendment perhaps we will never get to the end of vation Act of 2000. This legislation that sponsored by the gentlewoman from that road; but we can learn from this became public law authorized $3 mil- California, who chairs the Congres- period of our history, and we can ex- lion over a 5-year period for the Na- sional Black Caucus and has been an pand upon the promise that it made.

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.110 pfrm17 PsN: H23PT2 H5258 CONGRESSIONAL RECORD — HOUSE July 23, 2002 Mr. ISTOOK. Mr. Chairman, I move U.S.C. 3109; medical examinations performed title 5, United States Code, such sums as to strike the requisite number of for veterans by private physicians on a fee may be necessary. words, and I rise in response to the mo- basis; rental of conference rooms in the Dis- PAYMENT TO CIVIL SERVICE RETIREMENT AND tion of the gentlewoman from Cali- trict of Columbia and elsewhere; hire of pas- DISABILITY FUND senger motor vehicles; not to exceed $2,500 fornia (Ms. MILLENDER-MCDONALD). For financing the unfunded liability of new for official reception and representation ex- and increased annuity benefits becoming ef- I want to say that certainly I propose penses; advances for reimbursements to ap- accepting the amendment. We had a fective on or after October 20, 1969, as au- plicable funds of the Office of Personnel thorized by 5 U.S.C. 8348, and annuities under line item in the bill last year regarding Management and the Federal Bureau of In- special Acts to be credited to the Civil Serv- the Freedmen’s Bureau, and I realize vestigation for expenses incurred under Ex- ice Retirement and Disability Fund, such the preservation of the records and the ecutive Order No. 10422 of January 9, 1953; sums as may be necessary: Provided, That an- history is very important to preserve and payment of per diem and/or subsistence nuities authorized by the Act of May 29, 1944, the heritage of this country and par- allowances to employees where Voting and the Act of August 19, 1950 (33 U.S.C. 771– Rights Act activities require an employee to ticularly of the group of people that 775), may hereafter be paid out of the Civil remain overnight at his or her post of duty, Service Retirement and Disability Fund. were involved in the former institu- $128,986,000, of which $24,000,000 shall remain OFFICE OF SPECIAL COUNSEL tions of slavery and being freed from it. available until expended for the cost of the So I believe that this is something government-wide human resources data net- SALARIES AND EXPENSES that would have been funded by the Na- work project, and $2,500,000 shall remain For necessary expenses to carry out func- tional Archives and Records Adminis- available until expended for the cost of lead- tions of the Office of Special Counsel pursu- tration with or without the amend- ing the government-wide initiative to mod- ant to Reorganization Plan Numbered 2 of ment. We have had enough conversa- ernize Federal payroll systems and service 1978, the Civil Service Reform Act of 1978 delivery; and in addition $120,791,000 for ad- (Public Law 95–454), the Whistleblower Pro- tions with them, but I appreciate the ministrative expenses, to be transferred from tection Act of 1989 (Public Law 101–12), Pub- gentlewoman’s desiring to be certain the appropriate trust funds of the Office of lic Law 103–424, and the Uniformed Services on this, and I support her desire for Personnel Management without regard to Employment and Reemployment Act of 1994 that certainty; and I certainly support other statutes, including direct procurement (Public Law 103–353), including services as and accept the amendment. of printed materials, for the retirement and authorized by 5 U.S.C. 3109, payment of fees The CHAIRMAN. The question is on insurance programs, of which $27,640,000 shall and expenses for witnesses, rental of con- the amendment offered by the gentle- remain available until expended for the cost ference rooms in the District of Columbia woman from California (Ms. of automating the retirement recordkeeping and elsewhere, and hire of passenger motor systems: Provided, That the provisions of vehicles; $12,432,000. MILLENDER-MCDONALD). this appropriation shall not affect the au- UNITED STATES TAX COURT The amendment was agreed to. thority to use applicable trust funds as pro- SALARIES AND EXPENSES Mr. ISTOOK. Mr. Chairman, I ask vided by sections 8348(a)(1)(B), 8909(g), and For necessary expenses, including contract unanimous consent that the remainder 9004(f)(1)(A) and (2)(A) of title 5, United reporting and other services as authorized by of the bill, through page 67, line 21, be States Code: Provided further, That no part of 5 U.S.C. 3109, $37,305,000: Provided, That trav- this appropriation shall be available for sala- considered as read, printed in the el expenses of the judges shall be paid upon ries and expenses of the Legal Examining RECORD, and open to amendment at the written certificate of the judge. any point. Unit of the Office of Personnel Management established pursuant to Executive Order No. WHITE HOUSE COMMISSION ON THE The CHAIRMAN. Is there objection 9358 of July 1, 1943, or any successor unit of NATIONAL MOMENT OF REMEMBRANCE to the request of the gentleman from like purpose: Provided further, That the For necessary expenses of the White House Oklahoma? President’s Commission on White House Fel- Commission on the National Moment of Re- There was no objection. lows, established by Executive Order No. membrance, as authorized by Public Law The text of the bill from page 61, line 11183 of October 3, 1964, may, during fiscal 106–579, $250,000. 13, through page 67, line 21, is as fol- year 2003, accept donations of money, prop- This title may be cited as the ‘‘Inde- lows: erty, and personal services in connection pendent Agencies Appropriations Act, 2003’’. with the development of a publicity brochure TITLE V—GENERAL PROVISIONS REPAIRS AND RESTORATION to provide information about the White THIS ACT For the repair, alteration, and improve- House Fellows, except that no such dona- SEC. 501. No part of any appropriation con- ment of archives facilities, and to provide tions shall be accepted for travel or reim- tained in this Act shall remain available for adequate storage for holdings, $10,458,000, to bursement of travel expenses, or for the sala- obligation beyond the current fiscal year un- remain available until expended, of which ries of employees of such Commission. $1,250,000 is for the Military Personnel less expressly so provided herein. OFFICE OF INSPECTOR GENERAL Records Center preliminary design studies, SEC. 502. The expenditure of any appropria- SALARIES AND EXPENSES and $3,250,000 is for repairs to the Lyndon tion under this Act for any consulting serv- Baines Johnson Presidental Library Plaza. (INCLUDING TRANSFER OF TRUST FUNDS) ice through procurement contract, pursuant For necessary expenses of the Office of In- to 5 U.S.C. 3109, shall be limited to those NATIONAL HISTORICAL PUBLICATIONS AND spector General in carrying out the provi- contracts where such expenditures are a RECORDS COMMISSION sions of the Inspector General Act, including matter of public record and available for GRANTS PROGRAM services as authorized by 5 U.S.C. 3109, hire public inspection, except where otherwise For necessary expenses for allocations and of passenger motor vehicles, $1,498,000; and in provided under existing law, or under exist- grants for historical publications and records addition, not to exceed $10,766,000 for admin- ing Executive order issued pursuant to exist- as authorized by 44 U.S.C. 2504, $7,000,000, to istrative expenses to audit, investigate, and ing law. remain available until expended. provide other oversight of the Office of Per- SEC. 503. None of the funds made available OFFICE OF GOVERNMENT ETHICS sonnel Management’s retirement and insur- by this Act shall be available for any activ- ance programs, to be transferred from the ity or for paying the salary of any Govern- SALARIES AND EXPENSES appropriate trust funds of the Office of Per- ment employee where funding an activity or For necessary expenses to carry out func- sonnel Management, as determined by the paying a salary to a Government employee tions of the Office of Government Ethics pur- Inspector General: Provided, That the Inspec- would result in a decision, determination, suant to the Ethics in Government Act of tor General is authorized to rent conference rule, regulation, or policy that would pro- 1978 and the Ethics Reform Act of 1989, in- rooms in the District of Columbia and else- hibit the enforcement of section 307 of the cluding services as authorized by 5 U.S.C. where. Tariff Act of 1930. 3109, rental of conference rooms in the Dis- GOVERNMENT PAYMENT FOR ANNUITANTS, The CHAIRMAN. Are there any trict of Columbia and elsewhere, hire of pas- EMPLOYEES HEALTH BENEFITS amendments to that portion of the senger motor vehicles, and not to exceed For payment of Government contributions bill? $1,500 for official reception and representa- If not, the Clerk will read. tion expenses, $10,486,000. with respect to retired employees, as authorized by chapter 89 of title 5, United States The Clerk read as follows: OFFICE OF PERSONNEL MANAGEMENT Code, and the Retired Federal Employees SEC. 504. None of the funds made available SALARIES AND EXPENSES Health Benefits Act (74 Stat. 849), such sums by this Act shall be available for the purpose (INCLUDING TRANSFER OF TRUST FUNDS) as may be necessary. of transferring control over the Federal Law For necessary expenses to carry out func- GOVERNMENT PAYMENT FOR ANNUITANTS, Enforcement Training Center located at tions of the Office of Personnel Management EMPLOYEE LIFE INSURANCE Glynco, Georgia, and Artesia, New Mexico, pursuant to Reorganization Plan Numbered 2 For payment of Government contributions out of the Department of the Treasury. of 1978 and the Civil Service Reform Act of with respect to employees retiring after De- Mr. SMITH of Texas. Mr. Chairman, I 1978, including services as authorized by 5 cember 31, 1989, as required by chapter 87 of move to strike the last word.

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.191 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5259 Mr. Chairman, I would like to engage tice, based on the lack of information the gentleman from Texas, for pointing in a colloquy with the gentleman from to make such a move; and I wanted to that out. We do, of course, want to Oklahoma, the chairman of the sub- express that to the chairman. keep the physical plant, the jobs, and committee, about a provision in the Mr. ISTOOK. Mr. Chairman, will the all the related benefits in Brunswick, underlying bill. gentleman yield? Georgia, as part of it; but also I want First of all, I wish to express my con- Mr. KINGSTON. I yield to the gen- to say it is not just that. It is that in- cern about a provision in the under- tleman from Oklahoma. side of FLETC there is a lot of angst lying bill that prevents the transfer of Mr. ISTOOK. Mr. Chairman, let me and concern about moving it from the the Federal Law Enforcement Training say that I believe that the interest of Department of Treasury to the Depart- Center from the Treasury Department the gentleman from Georgia and mine ment of Justice, and we have not seen to another Department of the execu- in this situation are very akin to each any justification for doing that right tive branch. I know, for example, that other. What I wanted to do in the col- now. So it is not purely provincial that the Department of Justice and the Se- loquy I just had with the gentleman I am pushing this. lect Committee on Homeland Security from Texas (Mr. SMITH) was, frankly, Mr. SMITH of Texas. Mr. Chairman, would at least like to have the option avoid trying to unnecessarily get into if the gentleman will continue to yield, of perhaps transferring that Federal a debate today, since we have so many we can continue the debate later, as Law Enforcement Training Center out other things that are going to be con- the gentleman from Oklahoma sug- of the Treasury Department. suming debate time on the floor. gested. But when we have the Depart- Mr. Chairman, could the gentleman Although I believe that the Federal ment of Justice and the Select Com- give me some reassurance that that Law Enforcement Training Center mittee on Homeland Security wanting proposed transfer, if in fact it occurs should not, under current proposals, be to transfer it, let us have that debate and is a part of the recommendation of transferred to the Department of Jus- another time; but let us not dismiss tice, nevertheless, I do not think it the select committee, will not be the equities of that argument. serves any purpose to try to engage in blocked by the underlying language in Mr. KINGSTON. Once again, reclaim- a debate on that today. Of the 21,000 the bill? ing my time, Mr. Chairman, I agree Mr. ISTOOK. Mr. Chairman, will the students and 223 student-weeks of with my friend and thank him for his gentleman yield? training that are currently conducted openness and look forward to the dis- Mr. SMITH of Texas. I yield to the at FLETC, the Federal Law Enforce- cussion with him and the chairman. gentleman from Oklahoma. ment Training Center, only about 5 Mr. HEFLEY. Mr. Chairman, I move Mr. ISTOOK. Mr. Chairman, the pro- percent of that training involves agen- to strike the last word. vision the gentleman refers to, section cies that, under the proposal that will Mr. Chairman, I was in a defense con- 504 of the bill, is one that was crafted, be on the House this week, would be ference with the Senate and missed my I believe, prior to the recommendation under the Department of Justice. I do opportunity to offer this amendment for the Department of Homeland Secu- not think it would make sense to have on page 57. We have barely passed it. I rity being formed. FLETC be under the Department of do not think the committee is going to It is certainly my intent, and I will Justice when only 5 percent of the accept it, but I would at least like the endeavor to make sure our bill is con- work of FLETC is under the Depart- opportunity to offer it. If they would sistent with this, that whatever is ulti- ment of Justice. grant me unanimous consent to do so, Now, I do not know if, under what we mately adopted by this body and by the I would appreciate that. do later, things might remain in the other body, what is ultimately adopted The CHAIRMAN. The gentleman asks Department of the Treasury or if they by Congress regarding where the Fed- unanimous consent that we go to page might go to the Department of Home- eral Law Enforcement Training Center 56 in the bill. Is there objection to the land Security; and those probably request of the gentleman from Colo- should be situated, whether it be in the would give us some idea of what is the Department of Justice, the Department rado? best solution. But I do not think that Mr. ISTOOK. Mr. Chairman, reserv- of the Treasury, the Department of we need to have that debate today. We ing the right to object, as I understand Homeland Security or elsewhere, what- are going to be having debate on that, it, this has to do with funding of the ever ultimately is the enactment as far and similar things, later this week. Office of Former Presidents, which, as the Department of Homeland Secu- And I think what we want to do is to frankly, could open a time-consuming rity, is something that I will make make sure that ultimately we take a debate on this. Is the gentleman aware sure that we have language consistent consistent position; that what comes that it may be possible for him to offer with that in the ultimate House-Senate out of our appropriations bill will ulti- his amendment at a later stage in the version of the Treasury, Postal appro- mately be consistent with whatever bill? priation. the entire Congress and the President Mr. HEFLEY. Mr. Chairman, will the Mr. SMITH of Texas. Mr. Chairman, adopt regarding the Office of Homeland gentleman yield? reclaiming my time, I thank the gen- Security. Mr. ISTOOK. I yield to the gentleman from Oklahoma for his reassur- So, therefore, we had the colloquy tleman from Colorado. ance. rather than engaging in a debate on Mr. HEFLEY. Mr. Chairman, I am Mr. KINGSTON. Mr. Chairman, I the amendment over this issue today. aware we could do a reach-back amend- move to strike the last word, and I Mr. SMITH of Texas. Mr. Chairman, ment and do it later. However, I would wanted to say to the chairman and the will the gentleman yield? rather do it now, when it is closer to gentleman from Texas that in terms of Mr. KINGSTON. I yield to the gen- the actual subject matter, than trying moving the Federal Law Enforcement tleman from Texas. to amend it into the total of the over- Training Center out of the Department Mr. SMITH of Texas. Mr. Chairman, I all bill. This would relate directly to of the Treasury and into the Depart- thank my friend from Georgia for what I am trying to get at rather than ment of Justice, as somebody who rep- yielding, and I also want to suggest to the total figures at the end of the bill. resents a significant portion of the him that his concerns may be unjusti- And I do not plan to take much time Federal Law Enforcement Training fied or unfounded, simply because, even with it, if the gentleman does not. Center, the first I learned about that if the training center were moved to was actually this morning. And while another agency or another Depart- b 1645 there have been rumors about the De- ment, that does not mean it is going to Mr. ISTOOK. Mr. Chairman, although partment of Justice’s interest in leave the State of Georgia. I wish to accommodate the gentleman, FLETC, I have not seen any case made So I do not think the gentleman lest we set a precedent that would keep to make that transfer possible. needs to necessarily be concerned us from considering other amendments So I would certainly oppose moving about losing that training center, even that come before us and having to con- the Federal Law Enforcement Training if it were to be transferred to another stantly reach back in the bill, I object, Center out of the Department of the agency. although I would certainly cooperate Treasury and strongly be opposed to it Mr. KINGSTON. Mr. Chairman, re- with the gentleman in the mechanics moving into the Department of Jus- claiming my time, I thank my friend, where he can do it later in the bill.

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.141 pfrm17 PsN: H23PT2 H5260 CONGRESSIONAL RECORD — HOUSE July 23, 2002 The CHAIRMAN. Objection is heard. request and during the same presidential ad- administration opposes section 513 The Clerk will read. ministration; or which would continue the 1-year mora- The Clerk read as follows: (2) such request is required due to extraor- torium on the application of cost ac- dinary circumstances involving national se- SEC. 505. No part of any appropriation con- counting standards under the FEHBP. curity. tained in this Act shall be available to pay SEC. 513. The cost accounting standards A statutory moratorium is not re- the salary for any person filling a position, promulgated under section 26 of the Office of quired as existing law provides for an other than a temporary position, formerly Federal Procurement Policy Act (Public Law administration process which allows held by an employee who has left to enter 93–400; 41 U.S.C. 422) shall not apply with re- the CASB to exempt contracts from the Armed Forces of the United States and spect to a contract under the Federal Em- any or all CAS requirements.’’ has satisfactorily completed his period of ac- ployees Health Benefits Program established tive military or naval service, and has with- There is no reason that FEHBP con- under chapter 89 of title 5, United States tractors should get a special pass in 90 days after his release from such service Code. or from hospitalization continuing after dis- around the board. Congress created the AMENDMENT NO. 17 OFFERED BY MR. KUCINICH charge for a period of not more than 1 year, Cost Accounting Standards Board spe- Mr. KUCINICH. Mr. Chairman, I offer made application for restoration to his cifically to deal with such issues. By an amendment. former position and has been certified by the allowing this waiver, it places insur- The CHAIRMAN. The Clerk will des- Office of Personnel Management as still ance carriers of the FEHBP above the ignate the amendment. qualified to perform the duties of his former law. These carriers report charges an- position and has not been restored thereto. The text of the amendment is as fol- SEC. 506. No funds appropriated pursuant to lows: nually to the FEHBP of billions of dollars, and when they do so, they report this Act may be expended by an entity un- Amendment No. 17 offered by Mr. KUCINICH: less the entity agrees that in expending the Page 71, beginning on line 1, strike section them in the manner of their own choos- assistance the entity will comply with sec- 513 (relating to applicability of cost accounting and design. When they report their tions 2 through 4 of the Buy American Act ing standards to Federal Employees Health costs go up 10 or 15 or 20 percent, or (41 U.S.C. 10a–10c). Benefits Program). even more, Congress has no way of ef- SEC. 507. (a) PURCHASE OF AMERICAN-MADE Mr. KUCINICH. Mr. Chairman, this fectively verifying those claims, or EQUIPMENT AND PRODUCTS.—In the case of any equipment or products that may be au- Congress has spoken at long length on whether they may be losing millions of thorized to be purchased with financial as- the floor of the House about corporate dollars to fraudulent claims. sistance provided under this Act, it is the accountability. If there is one thing In the current climate when health sense of the Congress that entities receiving that we have learned, it is that we care costs continue to increase, it such assistance should, in expending the as- must have standards and the compa- makes the exemption for FEHBP sistance, purchase only American-made nies must abide by them. Why then in health plans even more egregious. The equipment and products. this bill are health insurance compa- second largest participant in the plan, (b) NOTICE TO RECIPIENTS OF ASSISTANCE.— nies in the Federal Employees Health First Health, opposes this exemption. In providing financial assistance under this Act, the Secretary of the Treasury shall pro- Benefits Program exempted from cost First Health, which has been in FEHBP vide to each recipient of the assistance a no- accounting standards? Has Congress for over 20 years and includes 1 million tice describing the statement made in sub- not learned from Enron, not learned participants, recently wrote to the gen- section (a) by the Congress. from WorldCom? tleman from Wisconsin (Mr. OBEY), ‘‘I SEC. 508. If it has been finally determined My amendment would strike section urge the Committee on Appropriations by a court or Federal agency that any person 513 in this bill, which is the section to not include language prohibiting the intentionally affixed a label bearing a ‘‘Made which grants a waiver from complying imposition of cost accounting stand- in America’’ inscription, or any inscription with governmentwide cost accounting ards to the FEHBP in the fiscal year with the same meaning, to any product sold in or shipped to the United States that is not standards. This is a special exemption 2003 Treasury-Postal appropriations made in the United States, such person shall from Federal accounting standards. By bill.’’ be ineligible to receive any contract or sub- granting this waiver, it exposes the Clearly even the companies who ben- contract made with funds provided pursuant government to increased risks from efit from the exemption understand the to this Act, pursuant to the debarment, sus- fraud and abuse. Federal employees, importance of abiding by government pension, and ineligibility procedures de- unions, the administration, and even cost accounting standards. Now is not scribed in sections 9.400 through 9.409 of title some of the insurance carriers them- the time to be exempting companies 48, Code of Federal Regulations. selves have opposed this special exemp- from accounting standards. Enron and SEC. 509. No funds appropriated by this Act WorldCom have done enough. Other in- shall be available to pay for an abortion, or tion. the administrative expenses in connection Given the public’s lack of confidence dustries do not need Congress to give with any health plan under the Federal em- in corporate accounting standards, it them a hand. Support the Kucinich ployees health benefit program which pro- makes no sense for Congress to give an amendment to strike section 513. vides any benefits or coverage for abortions. exemption for accounting standards to Mr. ISTOOK. Mr. Chairman, I move SEC. 510. The provision of section 509 shall contractors participating in its own to strike the last word. not apply where the life of the mother would health care program, especially when Mr. Chairman, I rise in opposition to be endangered if the fetus were carried to these same accounting standards apply the amendment offered by the gen- term, or the pregnancy is the result of an act to every other Federal contractor. Cost tleman from Ohio (Mr. KUCINICH). I rec- of rape or incest. ognize that cost accounting standards SEC. 511. Except as otherwise specifically accounting standards are designed to provided by law, not to exceed 50 percent of prevent fraud, overcharging and abuse. and accounting propriety is something unobligated balances remaining available at They serve as an important safeguard that we all support and seek and we the end of fiscal year 2002 from appropria- to save taxpayer money. They allow want to make sure that it is done. The tions made available for salaries and ex- the government to track the cost of difficulty, of course, is that this par- penses for fiscal year 2002 in this Act, shall goods and services provided under spe- ticular provision has been carried in remain available through September 30, 2003, cialized contracts when there is no this bill since 1998 at the request of the for each such account for the purposes au- authorizing committee, namely the thorized: Provided, That a request shall be market price available. submitted to the Committees on Appropria- These accounting standards apply Committee on Government Reform. tions for approval prior to the expenditure of when Federal contractors charge the Why? Because, as the Office of Per- such funds: Provided further, That these re- government based on negotiated cost- sonnel Management has told us, the ac- quests shall be made in compliance with re- based pricing arrangements, and ensure counting standards that through the programming guidelines. that costs are properly calculated. If CAS are sought to be applied to insur- SEC. 512. None of the funds made available an exemption is truly needed and war- ance carriers through the Federal Em- in this Act may be used by the Executive Of- ranted, there is a process that Congress ployees Health Benefits Plan, as OPM fice of the President to request from the Fed- established in case such a situation told us, are in ‘‘incompatible conflict’’ eral Bureau of Investigation any official background investigation report on any indi- arose. The Cost Accounting Standards with the accounting standards that are vidual, except when— Board, CASB, includes accounting ex- used within the insurance industry. (1) such individual has given his or her experts for this very purpose. I think that the Chairman, as well as press written consent for such request not Last year the statement of adminis- many Members, are aware that there more than 6 months prior to the date of such tration policy on this bill stated, ‘‘The are accounting differences depending

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.144 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5261 on the type of business, whether it is a was brought up to us in the sub- that they need, and OPM has testified publicly held corporation, whether it is committee, and the gentleman from to us that they do not need this and a partnership or small business, wheth- Oklahoma (Mr. ISTOOK) mentioned that that it is going to provide no addi- er it is a public utility, or in this case the authorizing committee opposes this tional information. whether we are talking about an insur- amendment and supports the exemp- We are all for good, solid, especially ance company. tion, I am the chairman of that com- in this climate, good, solid accounting The concern is this: If we adopt this mittee and this exemption was ini- standards; but the agency in the Fed- amendment, we may force out of the tially put in place by the gentleman eral Government, the Office of Per- market insurance carriers that provide from Florida (Mr. MICA) and continued sonnel Management, is telling us they coverage to hundreds of thousands of by the gentleman from Florida (Mr. have all the insight they need; they Federal workers by arbitrarily and im- SCARBOROUGH), and it has been contin- have more than enough insight. So the mediately cutting them off. I do not ued by myself. net effect of all this may be, even if want to see hundreds of thousands of The central issue here is we are try- you did apply it to Blue Cross/Blue people lose their insurance benefits or ing to take cost accounting standards Shield, no new information, and the be told now they have to shop around that were developed for defense con- net effect may be that millions of Fed- and find a different carrier under the tractors, and we are trying to apply eral employees and retirees may actu- FEHBP just because we made a quick them to the health care insurance in- ally ultimately withdraw. and not fully informed decision on the dustry. I would encourage a ‘‘no’’ vote on the floor of the House that we wanted to Now the real issue here is Blue Cross/ gentleman’s amendment. I know his take some regulation that was meant Blue Shield, and that is really what we heart is in the right place, but having to apply to other types of companies are talking about. Blue Cross/Blue studied this through the sub- and apply them to insurance carriers Shield insures 80 million Americans, committee, I believe this exception under the FEHBP. That is my concern and 4 million of those Americans are should be kept in the current law. I with the gentleman’s amendment. Federal employees. A lot of those Fed- strongly urge a ‘‘no’’ vote on the gen- His desire to make sure that we have eral employees live in many of the af- tleman’s amendment. accounting propriety is well taken; but filiated States within the Blue Cross/ Mr. OBEY. Mr. Chairman, I move to let us make sure that we do that in a Blue Shield system. Nationwide it is 5 strike the requisite number of words. reasoned way. Let us make sure that percent, 4 percent of the entire Blue Mr. Chairman, I think the previous we go back to the authorizers, the Cross/Blue Shield workforce, but in speaker has raised many legitimate Committee on Government Reform some States it is even less than that, points, but out of courtesy I yield to that originally asked for this provision and they are not going to want to par- the gentleman from Ohio. to be carried in this bill several years ticipate. Mr. KUCINICH. I thank the gen- ago, ask them to look at it, look at it The way I understand this works tleman for yielding. With all due re- in proper depth and with correct under- under the law within FEHBP, it is an spect to my good friend, the gentleman standing of the accounting differences all-or-none situation. It cannot be like from Florida (Mr. WELDON), I do not for different types of businesses. Blue Cross/Blue Shield will stay in the think we need to worry about Blue I have been informed that more than system here in Washington, D.C. where Cross/Blue Shield withdrawing because half of all Federal employees could they might have several hundred thou- of the imposition of government cost have their insurance coverage put at sand employees, and let all of the af- accounting standards, because, in ef- risk if we adopt the amendment of the filiates in Oklahoma and Iowa with- fect, Members should know that Blue gentleman from Ohio (Mr. KUCINICH). draw. They have to participate nation- Cross/Blue Shield is already complying Members may agree or disagree that ally. with government accounting standards that is the case, but I for one do not Now some of the other insurance car- in Medicare and also the Tricare pro- want to take the chance without hav- riers, I think maybe virtually all of gram which serves our veterans. ing a much more informed under- them, have complied with the stand- Furthermore, for my friends who in- standing of this situation. ards. But as I understand it, for all of dicate that a statutory moratorium It is a very technical amendment. It them, they only do business with would be required, the statement of ad- is a technical circumstance. The gen- FEHBP. Blue Cross/Blue Shield is in a ministration policy has indicated that tleman has excellent motives, but I very unique position. What I have been a statutory moratorium is not re- think it is also an excellent motive to told is essentially that they will with- quired, as existing law provides for an protect the insurance coverage of half draw, that it will be too much of a bur- administrative process to exempt or or more of the Federal workers that we den on them to convert their entire waive classes or categories of contracts have in the United States. system over to comply, to meet the re- from any or all CAS requirements. So So I oppose this amendment, but I quirements for this relatively small you do not need to go to the author- look forward to working with the gen- percentage of their business, and that izing committee. tleman from Ohio (Mr. KUCINICH) to they will withdraw. My friends who indicate that govern- make sure that whether it be through ment cost accounting standards are b 1700 FEHBP or through any other person or not appropriate for FEHBP health entity that does business with the Fed- I guess we are going to try to call plans should know that cost account- eral Government or with the tax- their bluff and see if they really will ing standards are certainly appropriate payers, we have proper, reliable ac- withdraw. But if they do withdraw, 4 for such plans if not more so than any counting standards applied. million people are currently within the other Federal contractors. The cost of Mr. WELDON of Florida. Mr. Chair- Blue Cross/Blue Shield FEHBP plan. health care is increasing, which makes man, I move to strike the requisite Many of them are current Federal em- it even more important for health care number of words. ployees. Many of them are retirees. plans to account for the cost increases. Mr. Chairman, I rise to speak in op- Some of them have been in Blue Cross/ Hewitt Health Care Resources reported position to the gentleman’s amend- Blue Shield. And the important point I last June that HMO premiums may in- ment. The gentleman from Ohio (Mr. want to stress in all this is that OPM crease 22 percent in 2003 and Congress KUCINICH) is a Member whom I enjoy has testified to us that they have copi- should not be allowing health care working with on a host of issues, and I ous amounts of data, that they do not plans a waiver from accounting for fully understand the gentleman’s pas- need more data. They did not say they these types of dramatic increases. sion for establishing good cost account- had adequate levels of information. Finally, where my friends indicate ing standards. They said they have all the informa- that government cost accounting The cost accounting standard that tion they needed to verify that Blue standards are incompatible with the al- we are trying to apply to the FEHBP Cross/Blue Shield within FEHBP is not ready existing accounting system used program is a cost accounting standard skimming money away, that they are by the health care industry, they that was essentially developed for de- not engaging in any fraudulent behav- should know that any other govern- fense contractors, and the issue that ior, that they have all of the insight ment contractor faces the same issue

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.192 pfrm17 PsN: H23PT2 H5262 CONGRESSIONAL RECORD — HOUSE July 23, 2002 whether it has government as well as owned subsidiary and for some of these Mr. WAXMAN. Mr. Chairman, I move commercial clients, that this argument FEHBP plans, they have provider net- to strike the requisite number of is not unique to health plans. More- works and they overlap with the prod- words. over, health plans have had more than ucts that they are offering employers Mr. Chairman, I rise in strong sup- 3 years to make the necessary changes in the region and it is not really an en- port of the Kucinich amendment which in order to abide by the government tirely separate system. would strike section 513 of the bill. cost accounting standards which, I This is the problem that you get into That provision contains a waiver from might add, Mr. Chairman, is plenty of specifically with the Blues as it relates cost accounting standards for the in- time. So if cost accounting standards to FEHBP. They are taking on a Fed- surance companies participating in the are truly a legitimate problem, Con- eral employee, and they are taking on Federal Employees Health Benefit Pro- gress has already established a cost ac- somebody who works in industry; they gram. In today’s environment, the Fed- counting standards board to determine are offering the same product, and real- eral Government should be setting an if a waiver is appropriate. This board is ly what you are essentially asking the example by holding its own contractors staffed by experts who have knowledge Blues to do with your amendment is to accounting standards in a consistent and expertise to make that determina- adopt this new standard nationwide for manner, not granting legislative waiv- tion. Allowing a blanket exemption by all of their 80 million customers in ers at the behest of insurance compa- statute puts the FEHBP health plans order to keep this 4 million people nies. above the law. within their system. It would be very The accounting standards involved Mr. HOYER. Mr. Chairman, I move to costly for them to develop a separate here are important. They ensure that strike the requisite number of words. standard for the 4 million people in the government is not overcharged for The ranking member of our com- FEHBP. labor and materials, and not charged at mittee indicated, and I agree with him, Frankly, I think what you are doing all for certain unallowable costs like that the gentleman from Florida (Mr. is essentially saying to them, are you travel and entertainment. They also WELDON) raised some very legitimate going to do it? Are you going to with- ensure that the government pays only and good points. The good news is that draw? its fair share of things like deprecia- we have time to, I think, develop this Mr. HOYER. Reclaiming my time, I tion of equipment and pension costs. issue further between now and the time want to say, as I said before, and I Some insurers, like Blue Cross/Blue of conference. I am pretty confident think the gentleman raises obviously Shield, argue that these cost account- that the Senate will include similar the problem that Blue Cross raises. On ing standards are burdensome and will language in their bill, so this will be a the other hand, it is interesting that cost them too much money to adopt. conferenceable item if it is not in the OPM, I guess, through the administra- That is really a very strange conten- tion, the administration opposes this bill. tion, given that Blue Cross/Blue Shield Clearly what the gentleman from provision. So the gentleman from Ohio already complies with cost accounting Ohio seeks to do is to raise the issue of (Mr. KUCINICH) essentially is offering standards for their contracts with the whether or not there ought to be a con- the position of the administration on military’s Tricare health program. And sistency in reporting costs so that this amendment if you read the state- even if they did not already comply, OPM on behalf of Federal employees ment of administration policy. the expenses related to implementing Mr. KUCINICH. Mr. Chairman, will and Federal employees, generally, can the accounting standards is an allow- the gentleman yield? make an assessment as to the costs Mr. HOYER. I yield to the gentleman able cost which could be billed to the that are being incurred by the insurers from Ohio. FEHBP. So I am afraid that this argu- and, determining the cost, then what Mr. KUCINICH. I want to say what a ment just does not hold water. ought to be the appropriate level of pleasure it is to be able to do that on There is widespread opposition to premiums for the insurance that is got- behalf of the administration. this waiver. The administration op- ten. Mr. HOYER. Reclaiming my time, I poses this waiver because the standards I think this is particularly cogent in know the gentleman’s happiness at the ensure consistent reporting of costs on a time when health care costs and pre- present position he finds himself in. Federal contracts. Federal employees miums in particular for Federal em- But the point I want to make is, this oppose the waiver because they are ployees and for all employees are start- is clearly not a partisan issue. This is rightly concerned that overcharges will ing to rise very, very substantially. So an issue of judgment as to clearly we result in unjustifiably high premiums I understand what the gentleman from want to keep the Blues in the program. for their members. And even some of Ohio is saying. I think the gentleman Some years ago we lost Aetna. We do the insurance carriers, such as First from Florida (Mr. WELDON), who chairs not want to lose competitors in the Health, oppose the waiver because they the relevant subcommittee, makes program that will adversely affect Fed- do not want to be associated with waiv- some very good points; but I think ei- eral employees and adversely affect ers from accounting standards in the ther way what the gentleman from taxpayers who participate, as you current climate. Oklahoma (Mr. ISTOOK) is saying, we know, in 70 percent of the average cost The taxpayers’ money is at stake need to look at this very carefully, and of the FEHBP. So clearly I think we all here. Granting a waiver from these I am convinced that the gentleman want to get to the same place, but I standards exposes the government to from Oklahoma and I and the sub- think there is some question here, and waste and fraud. According to the Con- committee, whatever happens on this I tried to contact OPM today to follow gressional Budget Office, the failure to amendment, are going to look very up on this without success after I found apply these standards has already cost carefully at this between now and the out that the administration was for es- the taxpayers millions. There is an old markup. sentially the Kucinich amendment. adage: ‘‘A good example is the best ser- Mr. WELDON of Florida. Mr. Chair- They did not mention that amend- mon.’’ There has been a lot of sermon- man, will the gentleman yield? ment. They simply mentioned that izing lately in Washington on the topic Mr. HOYER. I yield to the gentleman they were in favor of this provision of corporate and governmental ac- from Florida. being dropped. But clearly I want to as- countability. Today we have a chance Mr. WELDON of Florida. Mr. Chair- sure the gentleman from Florida, and I to set a good example by adopting the man, I just want to raise a couple of know that having talked to the gen- Kucinich amendment. points in response to some of the state- tleman from Oklahoma (Mr. ISTOOK), I urge a ‘‘yes’’ vote on this important ments my friend from Ohio made but the chairman of our committee, about amendment. really just one in particular and, that this, whatever happens on this amend- Mrs. MINK of Hawaii. Mr. Chairman, I rise in is, as it relates to the Blue Cross/Blue ment, we are going to look very care- support of Congressman KUCINICH’s amend- Shield systems complying with the fully at it; and we are not going to ment to strike the section of the Treasury- cost accounting standards within the allow anything to happen which will Postal FY 2003 Appropriations bill that ex- Medicare plan, those are very distinct adversely affect the Federal employees empts companies in the Federal Employees plans. In many cases the Medicare op- and which will unfairly affect Blue Health Benefits Program (FEHBP) from fol- eration is actually housed in a wholly Cross/Blue Shield. lowing Cost Accounting Standards (CAS).

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00062 Fmt 4634 Sfmt 9920 E:\CR\FM\K23JY7.148 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5263 These accounting standards are written by SEC. 602. No department, agency, or instru- jority of the stock of which is owned by the an independent board within the Office of mentality of the United States receiving ap- Government of the United States) whose Management and Budget. The standards were propriated funds under this or any other Act post of duty is in the continental United for fiscal year 2003 shall obligate or expend States unless such person: (1) is a citizen of created due to concerns about the pricing and any such funds, unless such department, the United States; (2) is a person in the serv- accounting practices of defense contractors. agency, or instrumentality has in place, and ice of the United States on the date of the Before the creation of the CAS, there was no will continue to administer in good faith, a enactment of this Act who, being eligible for consistency within and between contractors’ written policy designed to ensure that all of citizenship, has filed a declaration of inten- cost accounting practices. Auditors could not its workplaces are free from the illegal use, tion to become a citizen of the United States conduct reviews, and the public had no assur- possession, or distribution of controlled sub- prior to such date and is actually residing in ance that the government was purchasing the stances (as defined in the Controlled Sub- the United States; (3) is a person who owes best value for their tax dollars. stances Act) by the officers and employees of allegiance to the United States; (4) is an These standards are not an onerous set of such department, agency, or instrumen- alien from Cuba, Poland, South Vietnam, the tality. countries of the former Soviet Union, or the accounts rules and regulations. The committee SEC. 603. Unless otherwise specifically pro- Baltic countries lawfully admitted to the that creates the standards generally gives vided, the maximum amount allowable dur- United States for permanent residence; (5) is companies numerous cost accounting options ing the current fiscal year in accordance a South Vietnamese, Cambodian, or Laotian for each regulation. with section 16 of the Act of August 2, 1946 refugee paroled in the United States after The CAS are needed to make sure greedy (60 Stat. 810), for the purchase of any pas- January 1, 1975; or (6) is a national of the corporations do not defraud the government. senger motor vehicle (exclusive of buses, am- People’s Republic of China who qualifies for They help ensure the accuracy of the charges bulances, law enforcement, and undercover adjustment of status pursuant to the Chinese surveillance vehicles), is hereby fixed at submitted to the federal government. Yet, due Student Protection Act of 1992: Provided, $8,100 except station wagons for which the That for the purpose of this section, an affi- to the hard work of a small group of health maximum shall be $9,100: Provided, That davit signed by any such person shall be con- care providers, the CAS have never been ap- these limits may be exceeded by not to ex- sidered prima facie evidence that the replied to the FEHBP. Congress has waived ceed $3,700 for police-type vehicles, and by quirements of this section with respect to these accounting standards in every Treasury- not to exceed $4,000 for special heavy-duty his or her status have been complied with: Postal Appropriations bill since FY 1999. vehicles: Provided further, That the limits set Provided further, That any person making a The exemption simply does not make any forth in this section may not be exceeded by false affidavit shall be guilty of a felony, sense. The FEHBP covers nearly nine million more than 5 percent for electric or hybrid ve- and, upon conviction, shall be fined no more active and retired federal employees, and it is hicles purchased for demonstration under than $4,000 or imprisoned for not more than the provisions of the Electric and Hybrid Ve- 1 year, or both: Provided further, That the the nation’s largest employer-sponsored health hicle Research, Development, and Dem- above penal clause shall be in addition to, insurance plan. Every year the government onstration Act of 1976: Provided further, That and not in substitution for, any other provi- pays more than $20 billion to the health care the limits set forth in this section may be sions of existing law: Provided further, That providers in the plan. What corporation in exceeded by the incremental cost of clean al- any payment made to any officer or em- America would pay this much money without ternative fuels vehicles acquired pursuant to ployee contrary to the provisions of this sec- having any way to rationally examine their ex- Public Law 101–549 over the cost of com- tion shall be recoverable in action by the penses? parable conventionally fueled vehicles. Federal Government. This section shall not SEC. 604. Appropriations of the executive With daily stories of new scandals in the apply to citizens of Ireland, Israel, or the Re- departments and independent establishments public of the Philippines, or to nationals of corporate world, now is not the time to exempt for the current fiscal year available for ex- those countries allied with the United States companies from basic accounting standards. penses of travel, or for the expenses of the in a current defense effort, or to inter- Congress must remove this special exemption activity concerned, are hereby made avail- national broadcasters employed by the for the health insurance companies in the able for quarters allowances and cost-of-liv- United States Information Agency, or to FEHBP. ing allowances, in accordance with 5 U.S.C. temporary employment of translators, or to I urge my colleagues to improve the ac- 5922–5924. temporary employment in the field service countability of FEHBP health insurance pro- b 1715 (not to exceed 60 days) as a result of emer- viders by supporting the Kucinich amendment. gencies. POINT OF ORDER The CHAIRMAN pro tempore (Mr. SEC. 606. Appropriations available to any Mr. SMITH of Texas. Mr. Speaker, I department or agency during the current fis- SIMPSON). The question is on the make a point of order against the lan- cal year for necessary expenses, including amendment offered by the gentleman guage beginning with ‘‘Provided’’ on maintenance or operating expenses, shall from Ohio (Mr. KUCINICH). page 74, line 15, through the word also be available for payment to the General The amendment was agreed to. ‘‘law’’ on line 25. These provisos, which Services Administration for charges for The CHAIRMAN pro tempore. The space and services and those expenses of ren- affect federal criminal rules of evi- Clerk will read. ovation and alteration of buildings and fa- dence and criminal laws, constitute The Clerk read as follows: cilities which constitute public improve- legislation on an appropriations bill in ments performed in accordance with the SEC. 514. For the purpose of resolving liti- violation of clause 2(b) of rule XXI of Public Buildings Act of 1959 (73 Stat. 749), gation and implementing any settlement the Public Buildings Amendments of 1972 (87 agreements regarding the nonforeign area the House of Representatives. Stat. 216), or other applicable law. cost-of-living allowance program, the Office The CHAIRMAN. Does any Member of Personnel Management may accept and wish to be heard on the point of order? SEC. 607. In addition to funds provided in utilize (without regard to any restriction on Mr. ISTOOK. Mr. Chairman, we con- this or any other Act, all Federal agencies unanticipated travel expenses imposed in an cede the point of order. are authorized to receive and use funds re- appropriations Act) funds made available to The CHAIRMAN. The point of order sulting from the sale of materials, including the Office pursuant to court approval. Federal records disposed of pursuant to a is conceded and sustained. records schedule recovered through recycling SEC. 515. No funds appropriated or other- Mr. ISTOOK. Mr. Chairman, I ask wise made available under this Act shall be or waste prevention programs. Such funds unanimous consent that the remainder shall be available until expended for the fol- made available to any person or entity that of the bill through page 103, line 10, be has been convicted of violating the Buy lowing purposes: American Act (41 U.S.C. 10a–10c). considered as read, printed in the (1) Acquisition, waste reduction and pre- SEC. 516. None of the funds made available RECORD and open to amendment at any vention, and recycling programs as described in this Act may be transferred to any depart- point. in Executive Order No. 13101 (September 14, ment, agency, or instrumentality of the The CHAIRMAN. Is there objection 1998), including any such programs adopted United States Government, except pursuant to the request of the gentleman from prior to the effective date of the Executive to a transfer made by, or transfer authority order. Oklahoma? (2) Other Federal agency environmental provided in, this Act or any other appropria- There was no objection. tions Act. management programs, including, but not The text of the remainder of the bill limited to, the development and implemen- TITLE VI—GENERAL PROVISIONS through page 103, line 10, is as follows: tation of hazardous waste management and DEPARTMENTS, AGENCIES, AND CORPORATIONS SEC. 605. Unless otherwise specified during pollution prevention programs. SEC. 601. Funds appropriated in this or any the current fiscal year, no part of any appro- (3) Other employee programs as authorized other Act may be used to pay travel to the priation contained in this or any other Act by law or as deemed appropriate by the head United States for the immediate family of shall be used to pay the compensation of any of the Federal agency. employees serving abroad in cases of death officer or employee of the Government of the SEC. 608. Funds made available by this or or life threatening illness of said employee. United States (including any agency the ma- any other Act for administrative expenses in

VerDate Jul 19 2002 02:16 Jul 25, 2002 Jkt 099060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.138 pfrm17 PsN: H23PT2 H5264 CONGRESSIONAL RECORD — HOUSE July 23, 2002 the current fiscal year of the corporations parability payments taking effect in fiscal this Act, funds made available for the cur- and agencies subject to chapter 91 of title 31, year 2003 under section 5304 of such title rent fiscal year by this or any other Act United States Code, shall be available, in ad- (whether by adjustment or otherwise), and shall be available for the interagency fund- dition to objects for which such funds are the overall average percentage of such paying of national security and emergency pre- otherwise available, for rent in the District ments which was effective in fiscal year 2002 paredness telecommunications initiatives of Columbia; services in accordance with 5 under such section. which benefit multiple Federal departments, U.S.C. 3109; and the objects specified under (b) Notwithstanding any other provision of agencies, or entities, as provided by Execu- this head, all the provisions of which shall be law, no prevailing rate employee described in tive Order No. 12472 (April 3, 1984). applicable to the expenditure of such funds subparagraph (B) or (C) of section 5342(a)(2) SEC. 617. (a) None of the funds appropriated unless otherwise specified in the Act by of title 5, United States Code, and no em- by this or any other Act may be obligated or which they are made available: Provided, ployee covered by section 5348 of such title, expended by any Federal department, agen- That in the event any functions budgeted as may be paid during the periods for which cy, or other instrumentality for the salaries administrative expenses are subsequently subsection (a) is in effect at a rate that ex- or expenses of any employee appointed to a transferred to or paid from other funds, the ceeds the rates that would be payable under position of a confidential or policy-deter- limitations on administrative expenses shall subsection (a) were subsection (a) applicable mining character excepted from the competi- be correspondingly reduced. to such employee. tive service pursuant to section 3302 of title SEC. 609. No part of any appropriation for (c) For the purposes of this section, the 5, United States Code, without a certifi- the current fiscal year contained in this or rates payable to an employee who is covered cation to the Office of Personnel Manage- any other Act shall be paid to any person for by this section and who is paid from a sched- ment from the head of the Federal depart- the filling of any position for which he or she ule not in existence on September 30, 2002, ment, agency, or other instrumentality em- has been nominated after the Senate has shall be determined under regulations pre- ploying the Schedule C appointee that the voted not to approve the nomination of said scribed by the Office of Personnel Manage- Schedule C position was not created solely or person. ment. primarily in order to detail the employee to SEC. 610. No part of any appropriation con- (d) Notwithstanding any other provision of the White House. tained in this or any other Act shall be law, rates of premium pay for employees sub- (b) The provisions of this section shall not available for interagency financing of boards ject to this section may not be changed from apply to Federal employees or members of (except Federal Executive Boards), commis- the rates in effect on September 30, 2002, ex- the armed services detailed to or from— sions, councils, committees, or similar cept to the extent determined by the Office (1) the Central Intelligence Agency; groups (whether or not they are interagency of Personnel Management to be consistent (2) the National Security Agency; entities) which do not have a prior and spe- with the purpose of this section. (3) the Defense Intelligence Agency; cific statutory approval to receive financial (e) This section shall apply with respect to (4) the offices within the Department of support from more than one agency or in- pay for service performed after September Defense for the collection of specialized na- strumentality. 30, 2002. tional foreign intelligence through recon- SEC. 611. Funds made available by this or (f) For the purpose of administering any naissance programs; any other Act to the Postal Service Fund (39 provision of law (including any rule or regu- U.S.C. 2003) shall be available for employ- (5) the Bureau of Intelligence and Research lation that provides premium pay, retire- of the Department of State; ment of guards for all buildings and areas ment, life insurance, or any other employee owned or occupied by the Postal Service and (6) any agency, office, or unit of the Army, benefit) that requires any deduction or con- Navy, Air Force, and Marine Corps, the Fed- under the charge and control of the Postal tribution, or that imposes any requirement Service, and such guards shall have, with re- eral Bureau of Investigation and the Drug or limitation on the basis of a rate of salary Enforcement Administration of the Depart- spect to such property, the powers of special or basic pay, the rate of salary or basic pay policemen provided by the first section of ment of Justice, the Department of Trans- payable after the application of this section portation, the Department of the Treasury, the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. shall be treated as the rate of salary or basic and the Department of Energy performing 318), and, as to property owned or occupied pay. intelligence functions; and by the Postal Service, the Postmaster Gen- (g) Nothing in this section shall be consid- eral may take the same actions as the Ad- ered to permit or require the payment to any (7) the Director of Central Intelligence. SEC. 618. No department, agency, or instru- ministrator of General Services may take employee covered by this section at a rate in mentality of the United States receiving ap- under the provisions of sections 2 and 3 of excess of the rate that would be payable were propriated funds under this or any other Act the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. this section not in effect. 318a and 318b), attaching thereto penal con- (h) The Office of Personnel Management for the current fiscal year shall obligate or sequences under the authority and within may provide for exceptions to the limita- expend any such funds, unless such depart- the limits provided in section 4 of the Act of tions imposed by this section if the Office de- ment, agency, or instrumentality has in June 1, 1948 (62 Stat. 281; 40 U.S.C. 318c). termines that such exceptions are necessary place, and will continue to administer in SEC. 612. None of the funds made available to ensure the recruitment or retention of good faith, a written policy designed to en- pursuant to the provisions of this Act shall qualified employees. sure that all of its workplaces are free from be used to implement, administer, or enforce SEC. 614. During the period in which the discrimination and sexual harassment and any regulation which has been disapproved head of any department or agency, or any that all of its workplaces are not in violation pursuant to a resolution of disapproval duly other officer or civilian employee of the Gov- of title VII of the Civil Rights Act of 1964, as adopted in accordance with the applicable ernment appointed by the President of the amended, the Age Discrimination in Employ- law of the United States. United States, holds office, no funds may be ment Act of 1967, and the Rehabilitation Act SEC. 613. (a) Notwithstanding any other obligated or expended in excess of $5,000 to of 1973. provision of law, and except as otherwise furnish or redecorate the office of such de- SEC. 619. None of the funds made available provided in this section, no part of any of the partment head, agency head, officer, or em- in this Act for the United States Customs funds appropriated for fiscal year 2003, by ployee, or to purchase furniture or make im- Service may be used to allow— this or any other Act, may be used to pay provements for any such office, unless ad- (1) the importation into the United States any prevailing rate employee described in vance notice of such furnishing or redecora- of any good, ware, article, or merchandise section 5342(a)(2)(A) of title 5, United States tion is expressly approved by the Commit- mined, produced, or manufactured by forced Code— tees on Appropriations. For the purposes of or indentured child labor, as determined pur- (1) during the period from the date of expi- this section, the term ‘‘office’’ shall include suant to section 307 of the Tariff Act of 1930 ration of the limitation imposed by section the entire suite of offices assigned to the in- (19 U.S.C. 1307); or 613 of the Treasury and General Government dividual, as well as any other space used pri- (2) the release into the United States of Appropriations Act, 2002, until the normal marily by the individual or the use of which any good, ware, article, or merchandise on effective date of the applicable wage survey is directly controlled by the individual. which the United States Customs Service adjustment that is to take effect in fiscal SEC. 615. Notwithstanding any other provi- has in effect a detention order, pursuant to year 2003, in an amount that exceeds the rate sion of law, no executive branch agency shall such section 307, on the basis that the good, payable for the applicable grade and step of purchase, construct, and/or lease any addi- ware, article, or merchandise may have been the applicable wage schedule in accordance tional facilities, except within or contiguous mined, produced, or manufactured by forced with such section 613; and to existing locations, to be used for the pur- or indentured child labor. (2) during the period consisting of the re- pose of conducting Federal law enforcement SEC. 620. No part of any appropriation con- mainder of fiscal year 2003, in an amount training without the advance approval of the tained in this or any other Act shall be that exceeds, as a result of a wage survey ad- Committees on Appropriations, except that available for the payment of the salary of justment, the rate payable under paragraph the Federal Law Enforcement Training Cen- any officer or employee of the Federal Gov- (1) by more than the sum of— ter is authorized to obtain the temporary use ernment, who— (A) the percentage adjustment taking ef- of additional facilities by lease, contract, or (1) prohibits or prevents, or attempts or fect in fiscal year 2003 under section 5303 of other agreement for training which cannot threatens to prohibit or prevent, any other title 5, United States Code, in the rates of be accommodated in existing Center facili- officer or employee of the Federal Govern- pay under the General Schedule; and ties. ment from having any direct oral or written (B) the difference between the overall aver- SEC. 616. Notwithstanding section 1346 of communication or contact with any Member, age percentage of the locality-based com- title 31, United States Code, or section 610 of committee, or subcommittee of the Congress

VerDate Jul 19 2002 02:16 Jul 25, 2002 Jkt 099060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.077 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5265 in connection with any matter pertaining to standing the preceding paragraph, a non- eral Services Administration, with the ap- the employment of such other officer or em- disclosure policy form or agreement that is proval of the Director of the Office of Man- ployee or pertaining to the department or to be executed by a person connected with agement and Budget, funds made available agency of such other officer or employee in the conduct of an intelligence or intel- for the current fiscal year by this or any any way, irrespective of whether such com- ligence-related activity, other than an em- other Act, including rebates from charge munication or contact is at the initiative of ployee or officer of the United States Gov- card and other contracts. These funds shall such other officer or employee or in response ernment, may contain provisions appropriate be administered by the Administrator of to the request or inquiry of such Member, to the particular activity for which such doc- General Services to support Government- committee, or subcommittee; or ument is to be used. Such form or agreement wide financial, information technology, pro- (2) removes, suspends from duty without shall, at a minimum, require that the person curement, and other management innova- pay, demotes, reduces in rank, seniority, sta- will not disclose any classified information tions, initiatives, and activities, as approved tus, pay, or performance of efficiency rating, received in the course of such activity unless by the Director of the Office of Management denies promotion to, relocates, reassigns, specifically authorized to do so by the and Budget, in consultation with the appro- transfers, disciplines, or discriminates in re- United States Government. Such nondisclo- priate interagency groups designated by the gard to any employment right, entitlement, sure forms shall also make it clear that they Director (including the Chief Financial Offi- or benefit, or any term or condition of em- do not bar disclosures to Congress or to an cers Council and the Joint Financial Man- ployment of, any other officer or employee authorized official of an executive agency or agement Improvement Program for financial of the Federal Government, or attempts or the Department of Justice that are essential management initiatives, the Chief Informa- threatens to commit any of the foregoing ac- to reporting a substantial violation of law. tion Officers Council for information tech- tions with respect to such other officer or SEC. 623. No part of any funds appropriated nology initiatives, and the Procurement Ex- employee, by reason of any communication in this or any other Act shall be used by an ecutives Council for procurement initia- or contact of such other officer or employee agency of the executive branch, other than tives). The total funds transferred or reim- with any Member, committee, or sub- for normal and recognized executive-legisla- bursed shall not exceed $17,000,000. Such committee of the Congress as described in tive relationships, for publicity or propa- transfers or reimbursements may only be paragraph (1). ganda purposes, and for the preparation, dis- made 15 days following notification of the SEC. 621. (a) None of the funds made avail- tribution or use of any kit, pamphlet, book- Committees on Appropriations by the Direc- able in this or any other Act may be obli- let, publication, radio, television or film tor of the Office of Management and Budget. gated or expended for any employee training presentation designed to support or defeat SEC. 630. Notwithstanding any other provi- that— legislation pending before the Congress, ex- sion of law, a woman may breastfeed her (1) does not meet identified needs for cept in presentation to the Congress itself. child at any location in a Federal building or knowledge, skills, and abilities bearing di- SEC. 624. None of the funds appropriated by on Federal property, if the woman and her rectly upon the performance of official du- this or any other Act may be used by an child are otherwise authorized to be present ties; agency to provide a Federal employee’s at the location. (2) contains elements likely to induce high home address to any labor organization ex- SEC. 631. Nothwithstanding section 1346 of levels of emotional response or psychological cept when the employee has authorized such title 31, United States Code, or section 610 of stress in some participants; disclosure or when such disclosure has been this Act, funds made available for the cur- (3) does not require prior employee notifi- ordered by a court of competent jurisdiction. rent fiscal year by this or any other Act cation of the content and methods to be used SEC. 625. None of the funds made available shall be available for the interagency fund- in the training and written end of course in this Act or any other Act may be used to ing of specific projects, workshops, studies, evaluation; provide any non-public information such as and similar efforts to carry out the purposes (4) contains any methods or content associ- mailing or telephone lists to any person or of the National Science and Technology ated with religious or quasi-religious belief any organization outside of the Federal Gov- Council (authorized by Executive Order No. systems or ‘‘new age’’ belief systems as de- ernment without the approval of the Com- 12881), which benefit multiple Federal defined in Equal Employment Opportunity mittees on Appropriations. partments, agencies, or entities: Provided, Commission Notice N–915.022, dated Sep- SEC. 626. No part of any appropriation con- That the Office of Management and Budget tember 2, 1988; or tained in this or any other Act shall be used shall provide a report describing the budget (5) is offensive to, or designed to change, for publicity or propaganda purposes within of and resources connected with the National participants’ personal values or lifestyle out- the United States not heretofore authorized Science and Technology Council to the Com- side the workplace. by the Congress. mittees on Appropriations, the House Com- (b) Nothing in this section shall prohibit, SEC. 627. (a) In this section the term ‘‘agen- mittee on Science; and the Senate Com- restrict, or otherwise preclude an agency cy’’— mittee on Commerce, Science, and Transpor- from conducting training bearing directly (1) means an Executive agency as defined tation 90 days after enactment of this Act. upon the performance of official duties. under section 105 of title 5, United States SEC. 632. Any request for proposals, solici- SEC. 622. No funds appropriated in this or Code; tation, grant application, form, notification, any other Act may be used to implement or (2) includes a military department as de- press release, or other publications involving enforce the agreements in Standard Forms fined under section 102 of such title, the the distribution of Federal funds shall indi- 312 and 4414 of the Government or any other Postal Service, and the Postal Rate Commis- cate the agency providing the funds and the nondisclosure policy, form, or agreement if sion; and amount provided. This provision shall apply such policy, form, or agreement does not (3) shall not include the General Account- to direct payments, formula funds, and contain the following provisions: ‘‘These re- ing Office. grants received by a State receiving Federal strictions are consistent with and do not su- (b) Unless authorized in accordance with funds. persede, conflict with, or otherwise alter the law or regulations to use such time for other SEC. 633. Section 403(f) of Public Law 103– employee obligations, rights, or liabilities purposes, an employee of an agency shall use 356 (31 U.S.C. 501 note) is amended by strik- created by Executive Order No. 12958; section official time in an honest effort to perform ing ‘‘October 1, 2002’’ and inserting ‘‘October 7211 of title 5, United States Code (governing official duties. An employee not under a 1, 2003’’. disclosures to Congress); section 1034 of title leave system, including a Presidential ap- SEC. 634. (a) PROHIBITION OF FEDERAL AGEN- 10, United States Code, as amended by the pointee exempted under section 6301(2) of CY MONITORING OF PERSONAL INFORMATION ON Military Whistleblower Protection Act (gov- title 5, United States Code, has an obligation USE OF INTERNET.—None of the funds made erning disclosure to Congress by members of to expend an honest effort and a reasonable available in this or any other Act may be the military); section 2302(b)(8) of title 5, proportion of such employee’s time in the used by any Federal agency— United States Code, as amended by the Whis- performance of official duties. (1) to collect, review, or create any aggre- tleblower Protection Act (governing disclo- SEC. 628. Notwithstanding 31 U.S.C. 1346 gate list, derived from any means, that insures of illegality, waste, fraud, abuse or and section 610 of this Act, funds made avail- cludes the collection of any personally iden- public health or safety threats); the Intel- able for the current fiscal year by this or any tifiable information relating to an individ- ligence Identities Protection Act of 1982 (50 other Act to any department or agency, ual’s access to or use of any Federal Govern- U.S.C. 421 et seq.) (governing disclosures that which is a member of the Joint Financial ment Internet site of the agency; or could expose confidential Government Management Improvement Program (2) to enter into any agreement with a agents); and the statutes which protect (JFMIP), shall be available to finance an ap- third party (including another government against disclosure that may compromise the propriate share of JFMIP administrative agency) to collect, review, or obtain any ag- national security, including sections 641, 793, costs, as determined by the JFMIP, but not gregate list, derived from any means, that 794, 798, and 952 of title 18, United States to exceed a total of $800,000 including the sal- includes the collection of any personally Code, and section 4(b) of the Subversive Ac- ary of the Executive Director and staff sup- identifiable information relating to an indi- tivities Act of 1950 (50 U.S.C. 783(b)). The port. vidual’s access to or use of any nongovern- definitions, requirements, obligations, SEC. 629. Notwithstanding 31 U.S.C. 1346 mental Internet site. rights, sanctions, and liabilities created by and section 610 of this Act, the head of each (b) EXCEPTIONS.—The limitations estab- said Executive order and listed statutes are Executive department and agency is hereby lished in subsection (a) shall not apply to— incorporated into this agreement and are authorized to transfer to or reimburse the (1) any record of aggregate data that does controlling.’’: Provided, That notwith- ‘‘Policy and Citizen Services’’ account, Gen- not identify particular persons;

VerDate Jul 19 2002 02:16 Jul 25, 2002 Jkt 099060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.077 pfrm17 PsN: H23PT2 H5266 CONGRESSIONAL RECORD — HOUSE July 23, 2002 (2) any voluntary submission of personally ‘‘(E) the dollar value of the office space, submissions for fiscal years after fiscal year identifiable information; equipment, telephone use, and supplies pro- 2003. (3) any action taken for law enforcement, vided to employees using official time for (f) GUIDANCE BY THE OFFICE OF MANAGE- regulatory, or supervisory purposes, in ac- labor organization activities; and MENT AND BUDGET.—The Director of the Of- cordance with applicable law; or ‘‘(F) the benefits and disadvantages of fice of Management and Budget shall pre- (4) any action described in subsection (a)(1) using official time for labor organization ac- scribe guidance to implement the require- that is a system security action taken by the tivities.’’. ments of this section. operator of an Internet site and is nec- SEC. 639. (a) ANNUAL IDENTIFICATION OF SEC. 640. (a) Notwithstanding paragraph essarily incident to the rendition of the SUSCEPTIBLE PROGRAMS AND ACTIVITIES SUS- (17) of subsection (a) of the Policemen and Internet site services or to the protection of CEPTIBLE TO IMPROPER PAYMENTS.—The head Firemen’s Retirement and Disability Act the rights or property of the provider of the of each agency shall, in accordance with (sec. 5–701(17), D.C. Official Code) or any Internet site. guidance prescribed by the Director of the other provision of such Act to the contrary, (c) DEFINITIONS.—For the purposes of this Office of Management and Budget, annually for purposes of determining the amount of section: review all programs and activities that it ad- any annuity required to be paid under such (1) The term ‘‘regulatory’’ means agency ministers and identify all such programs and Act with respect to an officer or member of actions to implement, interpret or enforce activities that may be susceptible to signifi- the United States Secret Service who retired authorities provided in law. cant improper payments. during fiscal year 1995, the officer’s or mem- (2) The term ‘‘supervisory’’ means exami- (b) ESTIMATION OF IMPROPER PAYMENTS.— ber’s average pay shall be the officer’s or nations of the agency’s supervised institu- With respect to each program and activity member’s basic salary at the time of retire- tions, including assessing safety and sound- identified under subsection (a), the head of ment. ness, overall financial condition, manage- the agency concerned shall— (b) Subsection (a) shall apply with respect ment practices and policies and compliance (1) estimate the annual amount of im- to any annuity paid— with applicable standards as provided in law. proper payments; and (1) during fiscal year 1995 or any suc- SEC. 635. (a) None of the funds appropriated (2) include that estimate in its annual ceeding fiscal year, in the case of a sur- by this Act may be used to enter into or budget submission. vivor’s annuity paid with respect to an offi- renew a contract which includes a provision (c) REPORTS ON ACTIONS TO REDUCE IM- cer or member of the United States Secret providing prescription drug coverage, except PROPER PAYMENTS.—With respect to any pro- Service described in such subsection; or where the contract also includes a provision gram or activity of an agency with esti- (2) during fiscal year 2003 or any suc- for contraceptive coverage. mated improper payments under subsection ceeding fiscal year, in the case of any other (b) Nothing in this section shall apply to a (b) that exceed 1 percent of the total pro- annuity paid with respect to an officer or contract with— gram or activity budget or $1,000,000 annu- member of the United States Secret Service (1) any of the following religious plans: ally (whichever is less), the head of the agen- described in such subsection. (A) Personal Care’s HMO; and cy shall provide with the estimate under sub- SEC. 641. Section 902(b) of the Law Enforce- (B) OSF Health Plans, Inc.; and section (b) a report on what actions the ment Pay Equity Act of 2000 (as enacted into (2) any existing or future plan, if the car- agency is taking to reduce the improper pay- law by Public Law 106–554), shall cease to be rier for the plan objects to such coverage on ments, including— effective on January 1, 2003. SEC. 642. No funds appropriated under this the basis of religious beliefs. (1) a statement of whether the agency has Act or any other Act with respect to any fis- (c) In implementing this section, any plan the information systems and other infra- cal year shall be available to take any action that enters into or renews a contract under structure it needs in order to reduce im- based upon any provision of 5 U.S.C. 552 with this section may not subject any individual proper payments to minimal cost-effective respect to records collected or maintained by to discrimination on the basis that the indi- levels; the Secretary of the Treasury or his delegate vidual refuses to prescribe or otherwise pro- (2) if the agency does not have such sys- pursuant to 18 U.S.C. 846(b), 923(g)(3) or vide for contraceptives because such activi- tems and infrastructure, a description of the 923(g)(7), or obtained by the Secretary or del- ties would be contrary to the individual’s re- resources the agency has requested in its budget submission to obtain the necessary egate from Federal, State, local, or foreign ligious beliefs or moral convictions. law enforcement agencies in connection with (d) Nothing in this section shall be con- information systems and infrastructure; and arson or explosives incidents or the tracing strued to require coverage of abortion or (3) a description of the steps the agency of a firearm, except that the Secretary or abortion-related services. has taken to ensure that agency managers delegate may continue to disclose such SEC. 636. The Congress of the United States (including the agency head) are held ac- records to the extent and in the manner that recognizes the United States Anti-Doping countable for reducing improper payments. records so collected, maintained, or obtained Agency (USADA) as the official anti-doping (d) DEFINITIONS.—For the purposes of this have been disclosed by the Secretary or dele- agency for Olympic, Pan American, and section: gate under 5 U.S.C. 552 prior to the date of Paralympic sport in the United States. (1) AGENCY.—The term ‘‘agency’’ means an the enactment of this Act. SEC. 637. Not later than 6 months after the executive agency, as that term is defined in SEC. 643. (a) The adjustment in rates of date of enactment of this Act, the Inspector section 102 of title 31, United States Code. basic pay for the statutory pay systems that General of each applicable department or (2) IMPROPER PAYMENT.—The term ‘‘improper payment’’— takes effect in fiscal year 2003 under sections agency shall submit to the Committee on 5303 and 5304 of title 5, United States Code, (A) means any payment that should not Appropriations a report detailing what poli- shall be an increase of 4.1 percent. have been made or that was made in an in- cies and procedures are in place for each de- (b) Funds used to carry out this section partment or agency to give first priority to correct amount (including overpayments and shall be paid from appropriations which are the location of new offices and other facili- underpayments) under statutory, contrac- made to each applicable department or agen- ties in rural areas, as directed by the Rural tual, administrative, or other legally appli- cy for salaries and expenses for fiscal year Development Act of 1972. cable requirements; and 2003. SEC. 638. Section 7131 of title 5, United (B) includes any payment to an ineligible SEC. 644. (a) Section 9505(d) of title 5, States Code, is amended by adding at the end recipient, any payment for an ineligible United States Code, is amended by striking the following: service, any duplicate payment, payments the second sentence and inserting the fol- ‘‘(e)(1) Each agency shall submit to each for services not received, and any payment lowing: ‘‘Such amount may not exceed the House of the Congress, the Office of Per- that does not account for credit for applica- maximum amount which would be allowable sonnel Management, and the Office of Man- ble discounts. under paragraph (3) of section 5384(b) if such agement and Budget, at the time the budget (3) PAYMENT.—The term ‘‘payment’’ means paragraph were applied by substituting ‘the is submitted by the President to the Con- any payment (including a commitment for Internal Revenue Service’ for ‘an agency’. ’’. gress in each calendar year, a report on the future payment, such as a loan guarantee) (b) The amendment made by subsection (a) use of official time within such agency dur- that is— shall apply with respect to fiscal years being the fiscal year last ending before the (A) made by a Federal agency, a Federal ginning after September 30, 2002. date of the report’s submission. contractor, or a governmental or other orga- SEC. 645. None of the funds made available ‘‘(2) Each such report shall include, with nization administering a Federal program or in this Act may be used to finalize, imple- respect to the fiscal year to which it per- activity; and ment, administer, or enforce— tains— (B) derived from Federal funds or other (1) the proposed rule relating to the deter- ‘‘(A) the number of hours of official time Federal resources or that will be reimbursed mination that real estate brokerage is an ac- that employees spent on labor organization from Federal funds or other Federal re- tivity that is financial in nature or inci- activities; sources. dental to a financial activity published in ‘‘(B) the number of employees who used of- (e) APPLICATION.—This section— the Federal Register on January 3, 2001 (66 ficial time for labor organization activities; (1) applies with respect to the administra- Fed. Reg. 307 et seq.); or ‘‘(C) the number of employees who spent tion of programs, and improper payments (2) the revision proposed in such rule to 100 percent of their time on labor organiza- under programs, in fiscal years after fiscal section 1501.2 of title 12 of the Code of Fed- tion activities; year 2002; and eral Regulations. ‘‘(D) the dollar value of the official time (2) requires the inclusion of estimates SEC. 646. CORPORATE EXPATRIATES. (a) LIMI- spent on labor organization activities; under subsection (b)(2) only in annual budget TATION.—None of the funds made available in

VerDate Jul 19 2002 02:16 Jul 25, 2002 Jkt 099060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.077 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5267 this Act may be obligated for payment on atrocities going on in our hemisphere people of Cuba. We all want a better any new contract to a subsidiary of a pub- now, IRA leaders, possibly even Iranian life for our innocent neighbors that licly traded corporation if the corporation is agents and others. have long suffered off our shores. How- incorporated in a tax haven country but the This nation’s dictator has failed to ever, in our rush to help the oppressed United States is the principal market for the public trading of the corporation’s stock. share any useful intelligence informa- people of Cuba, let us ensure we are not (b) DEFINITION.—For purposes of subsection tion with us since 9/11, and calls our strengthening a regime that is now (a), the term ‘‘tax haven country’’ means military response in Afghanistan not running a terrorist comfort station. each of the following: Barbados, Bermuda, ‘‘a war on terrorism,’’ but ‘‘a war for Our job is to look out for the na- British Virgin Islands, Cayman Islands, Com- terrorism.’’ The state, of course, I am tional security of the United States of monwealth of the Bahamas, Cyprus, Gibral- referring to is Cuba, a nation only 90 America and Americans at home and tar, Isle of Man, the Principality of Liech- miles from the southern boundaries of abroad. This is a simple amendment to tenstein, the Principality of Monaco, and the the United States of America. give us an extra measure of assurance Republic of the Seychelles. in that area. Should the administra- (c) WAIVER.—The President may waive sub- Coming from a south Florida district, section (a) with respect to any specific con- Mr. Chairman, I have long heard the tion determine that the Cuban-Castro tract if the President certifies to the Appro- arguments from both sides about the regime passes the test, then there is no priations Committees that the waiver is re- Cuban embargo and travel ban. Usually problem with those who object to this quired in the interest of national security. this debate evokes emotional issues on amendment. If he does not pass the The CHAIRMAN. Are there any other topics like human rights and free test, then there is every reason why points of order? trade. I have not come to the floor this amendment should pass. POINT OF ORDER today to rehash the old fights on those Mr. MCGOVERN. Mr. Chairman, I Mr. DAVIS of Virginia. Mr. Chair- scores, because while these concerns move to strike the last word. man, I make a point of order under are certainly still valid and will cer- The CHAIRMAN. Without objection, clause 2(b), rule XXI, legislating on an tainly be debated, I think the center of the gentlman from Massachusetts is appropriations bill, against section 646, gravity in this discussion has shifted recognized for 5 minutes. There was no objection. beginning at page 102, line 19, through very dramatically since 9/11. Mr. MCGOVERN. Mr. Chairman, I page 103, line 10. There is no doubt that Cuba has rise in very strong opposition to the The CHAIRMAN. Do other Members sponsored terrorist activity in the amendment offered by the gentleman wish to be heard on the point of order? past. That is not arguable or debatable. If not, the Chair finds that this provi- from Florida. It is fact. Whether it is a terrorist I have the utmost respect for the sion includes language requiring a new sponsor today remains a difficult, open chairman of the Permanent Select determination by a certification. The question and one which of our execu- Committee on Intelligence and my col- provision, therefore, constitutes legis- tive agencies are working on, and one league on the Committee on Rules, but lation, in violation of clause 2, rule we do not want to have answered the I am disappointed that he would offer XXI. wrong way or the hard way. this amendment, which further re- The point of order is sustained, and I do not see how, in good conscience, stricts the ability of U.S. citizens to the provision is stricken from the bill. we can do business with Cuba’s current travel to Cuba. And let us be clear, Are there any other points of order? regime when its activities are veiled by that is the only thing the Goss amend- If not, are there any amendments? a closed society. How can we tell the ments would do, keep Americans from AMENDMENT OFFERED BY MR. GOSS world we will not tolerate terrorism, traveling to Cuba. Mr. GOSS. Mr. Chairman, I offer an but, at the same time, open our eco- If Members are seriously alarmed amendment. nomic door and all the benefits that about bioweapons being developed or The CHAIRMAN. The Clerk will des- that implies to a clearinghouse for exported by Cuba, then serious action ignate the amendment. those who harm innocent civilians? is required, not this. The United States The text of the amendment is as fol- Castro’s coffers should not be en- should present to our allies and the lows: riched by the bounty of American trav- international community information Amendment offered by Mr. GOSS: Amend- el dollars if he is aiding and abetting backing up these claims. But we have ment printed in House Report 107–585: brutal criminals. Our tireless enemies not done so. Page 103, insert after line 10 the following are disciplined, they are persistent, and The United States should call upon new section: they are adaptable, as we have found SEC. 647. Any limitation in this Act on the the United Nations and the OAS to use of funds to administer or enforce regula- out to our regret. They leave us few form a reputable inspection team, send tions restricting travel to Cuba or trans- physical targets to attack and they are it to Cuba, investigate these allega- actions related to travel to Cuba shall apply difficult to track. tions and determine whether or not only after the President has certified to the However, they are vulnerable. Ter- they have merit. We are not doing that Congress that the Cuban Government— rorists, like any other organization, either. (1) does not possess and is not developing a need residence, they need logistic sup- Officials from the Bush Administra- biological weapons program that threatens port, they need travel aid, they need tion should be informing all relevant the homeland security of the United States; money, they need safe harbor. Without committees, Members of Congress and (2) is not providing to terrorist states or terrorist organizations technology that these, they are little more than bitter the press of the documentation they could be used to produce, develop, or deliver outlaws. have to back up their claims. But that biological weapons; and Back in September, President Bush is not happening either. (3) is not providing support or sanctuary to drew a clear line for all nations of the Instead, high officials of the Bush international terrorists. world when he declared, ‘‘You are ei- Administration have deliberately Mr. GOSS. Mr. Chairman, there ex- ther with us, or you are with the ter- distanced themselves from the one in- ists a nation that for over 40 years has rorists.’’ It is essential that groups like dividual, Under Secretary of State repeatedly declared its hostile inten- al Qaeda never again find a safe haven John Bolton, who made such claims in tions towards the United States of from which to rebuild, especially a a May 6 speech at the Heritage Founda- America and American citizens. It has place so near our nation. tion. consistently allied itself with our en- For this reason, I bring this amend- Following Mr. Bolton’s remarks, Sec- emies, it has sought nuclear weapons ment to ask that the President certify retary of Defense Donald Rumsfeld was on its soil, and abused its own citizens. a clean bill of health for Cuba before asked about the matter. He replied It has violated human rights in an travel is allowed. The amendment spe- that he had not seen the intelligence to egregious way. This nation today is on cifically asks the President to certify back up such charges. Secretary of the State Department list for spon- that Cuba is not developing biological State Powell, the U.S. has always stat- soring terrorism, and in the past it has weapons and that it is not providing ed that Cuba has the capacity to de- provided funds and shelter for terrorist technology, shelter or assistance to velop such bioweapons, but there was groups, groups such as the ETA, the terrorists. no information that Cuba had devel- Basque Nationalists, Colombian guer- I strongly support President Bush’s oped offer was exporting bioweapons rillas, committing some of the great efforts to bring real democracy to the technology.

VerDate Jul 19 2002 02:16 Jul 25, 2002 Jkt 099060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.077 pfrm17 PsN: H23PT2 H5268 CONGRESSIONAL RECORD — HOUSE July 23, 2002 In hearings in the other body, not The CHAIRMAN. Without objection, are afraid for Americans to travel to only did the State Department refuse the gentlewoman from Missouri is rec- Cuba. In my opinion, it would only help to allow the Under Secretary of State ognized for 5 minutes. the Cuban people in the long run. Bolton to testify on this matter, but There was no objection. Mr. BALLENGER. Mr. Chairman, I the person they did send, Assistant Mrs. EMERSON. Mr. Chairman, I rise move to strike the last word. Secretary of State for Intelligence and in opposition to the Goss amendment The CHAIRMAN. Without objection, Research Carl Ford, Jr., stated that he for one primary reason, and that is be- the gentleman from North Carolina is had no evidence to back up the sugges- cause its purpose is to undo what our recognized for 5 minutes. tion that Cuba was working on the de- colleague, the gentleman from Arizona There was no objection. velopment of biological weapons or (Mr. FLAKE) will offer following this, Mr. BALLENGER. Mr. Chairman, I passing that technology on to rogue and that is an amendment to end the rise in support of the amendment of- states. He concluded that the State De- travel ban to Cuba. First of all, I just fered by the gentleman from Florida partment ‘‘never tried to suggest that want to go through a few points about (Mr. GOSS). The chairman of the Per- we had a smoking gun.’’ this. manent Select Committee on Intel- The possession, development or ex- Number one, a main premise, if we ligence is raising a reasonable point. In port of such bioweapons by Cuba or any all remember, of American policy to- his amendment he is asking that before other weapon of mass destruction has ward the former Soviet bloc that was we lift the Treasury Department re- not been cited in any CIA, Pentagon or enshrined in the 1975 Helsinki Accords strictions on travelers spending money State Department report issued over was that travel restrictions should be in Cuba without a license, we should the past decade, including those wholly ended. From the American perspective, get some answers to some critical researched, written and issued by the the purpose was to expose closed soci- home security questions: Does Cuba Bush Administration. eties to western influence. have an offensive biological weapons The State Department’s own May If, in fact, that was the premise then, capability? Is Cuba sharing dual use 2002 report on global terrorism issued 3 it should be the premise today, and biotechnology with rogue states? Does weeks after Bolton’s charges made no anything that would stop us, as the Cuba harbor and support terrorists? mention, not even a hint, of bio- Goss amendment would do, would, in Our administration has released weapons in Cuba. The July 11 letter fact, not allow us to spread our values, statements approved by our intel- sent by Secretaries Powell and O’Neill our democratic society, to those people ligence community that say that our to the Committee on Appropriations who desperately need it, those people government believes the answer to the chairman, the gentleman from Florida in Cuba. first two questions is yes. As for the (Mr. YOUNG), does not mention Cuba Like many people, and any people third question, Cuba is on the State developing bioweapons. And the July who have lived under communism, Cu- Department’s list of state-sponsored 18th statement of the administration bans want contact with the rest of the terrorism. policy issued by the White House, also world and not isolation from it, and b 1730 no mention of bioweapons development they do benefit materially from foreign in Cuba. We need to take a closer look at visitors. Contact with foreigners brings these potential threats to our citizens. Certainly, Mr. Speaker, Cuba has the information, news and foreign influ- capability to develop and manufacture That is what the Goss amendment ence. It erodes the information monop- does. It says to the President, look into such weapons. But, then again, so does oly that the government and the com- every single country in the world that this and certify to Congress whether munist party attempt to maintain. these things are true. There are also produces aspirin. In spite of what anyone will say, and The President has stated clearly that some commonsense questions about having been on two occasions to Cuba, he wants no changes in the restrictions Cuba’s possible motives for developing tourist dollars do reach the people di- on Cuba; he supports the status quo. He biological weapons that we ought to be rectly. Think of Cuba’s artisan mar- has absolutely no incentive to certify, asking. Why is it that the government kets, the bicycle taxies, the private no incentive to prove or disprove the of this poor nation has poured many, charges made against Cuba. taxies, the private restaurateurs, the many millions of dollars into devel- The gentleman from Florida has thousands of Cubans who rent their oping a biotech industry? Can we really crafted an amendment that he knows rooms to tourists, this is the 4 percent accept at face value Cuban claims that the administration has no intention of of the Cuban workforce that is em- they are only pursuing medical re- ever pursuing, let alone certifying. The ployed as private licensed entre- search? Cuba has on numerous occa- amendment, if approved, overrides preneurs. sions over the years falsely accused the every other measure passed by Con- No, it is not nearly enough, but it is United States of deploying biological gress to lift the restrictions on travel a beginning. They live largely on the agents against Cuba. Could such para- to Cuba. Even if the Flake amendment money tourists spend when visiting noia motivate the regime in Havana to once again passes overwhelmingly, it Cuba. develop biological weapons? Since the would not be able to go into effect. Then there are the hotel and res- Cuban regime says it fears a U.S. inva- I wish the gentleman would have taurant employees, who do earn tips, sion, is it possible that such a per- simply opposed the Flake amendment some directly, some because all em- ceived threat would motivate the Cu- and let the chips fall where they may, ployees in a hotel pool the tips and di- bans to develop offensive biological because if you are serious about fight- vide them. They get dollar wages, they weapons? ing terrorism, you do not go about it get dollar bonus, but, most of all, they I urge my colleagues to support the by adding more restrictions on the do get the money that Germans, Span- Goss amendment so Congress could get right of American to travel freely to iards and French and all the other the answer to these questions. Cuba. tourists to Cuba give them, perhaps Ms. ROS-LEHTINEN. Mr. Chairman, This amendment trivializes the war under the table, but they do have this I move to strike the last word. on terrorism. It accomplishes nothing. to supplement their income. The CHAIRMAN. Without objection, It is just the latest effort in a series of Finally, tourist spending has a sec- the gentlewoman from Florida is rec- efforts to thwart the overwhelming ondary impact. Cuba’s farmer’s mar- ognized for 5 minutes. will of the majority in both bodies to kets and the private farmers who sup- There was no objection. lift the restrictions that prohibit U.S. ply them, and all the small entre- Ms. ROS-LEHTINEN. Mr. Chairman, citizens from traveling to Cuba. preneurs prosper when tourism is up I rise to lend my strong and unequivo- This is not a debate, Mr. Chairman, and artists, restaurateurs, taxi drivers, cal support to the amendment offered about trusting Castro, it is about trust- bellhops and chambermaids have dis- by the distinguished gentleman from ing the American people. I urge my col- posable income. American tourism Florida (Mr. GOSS), chairman of the leagues in the strongest possible terms would make this entire Cuban private House Permanent Select Committee on to oppose the Goss amendment. sector boom. Intelligence. Mrs. EMERSON. Mr. Chairman, I I, quite frankly, do not understand This is an amendment which seeks to move to strike the last word. what anybody is afraid of, why people protect our citizens from the imminent

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.155 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5269 threats emanating from a state sponsor which could be used to produce lethal State Troopers Werner Foerster and of terrorism, a declared enemy of the agents like anthrax. James Harper pulled over Joanne United States in our own backyard. On The concerns are not new nor are Chesimard and two of her companions Tuesday of just this week, President they limited to the statements by in a routine traffic stop. A shoot-out Bush presented his national strategy Under Secretary John Bolton earlier began and Trooper Foerster, who had for homeland security, and in it he out- this year. In 1997 a Defense Intelligence served on the force for less than 3 lined what is the beginning of a long Agency report raised concerns about years, was shot and killed. Trooper and difficult struggle to protect our Cuba’s potential for a biological weap- Harper was wounded. Nation from the threat of terrorism. It ons program. This is a very real possi- A jury here in the United States of establishes a foundation upon which to bility and one which the Goss amend- America, a jury found that Trooper organize our efforts and it provides ini- ment seeks to address. The Goss Foerster had been shot in the back of tial guidance to prioritize the work amendment is crucial to reducing our his head, execution style, at point- ahead, and two of the most important vulnerability to the threats posed by blank range. The jury convicted Jo- objectives include preventing terrorist Cuba’s terrorist regime, by requiring a anne Chesimard of murder and sen- attacks within the United States and presidential certification that the re- tenced her to life in prison. But she es- reducing America’s vulnerability to gime is not facilitating nor engaging in caped in 1979 with the help of four ac- terrorism. The Goss amendment before any of the following three fronts crit- complices when they took a prison us, Mr. Chairman, accomplishes just ical to our homeland security efforts. guard hostage, a prison van was driven, that. It requires proof that the Castro re- and she was permitted to escape. She The Castro dictatorship, a totali- gime first does not possess and is not lived underground in America for 4 tarian regime long known to be a safe developing biological weapons. years until she found sanctuary in Cas- haven for terrorists and a nerve center Do we not want that assertion that it tro’s Cuba where she lives today, free, for international espionage, is a con- does not provide terrorist states tech- enjoying the protection of the Castro tinuing and growing threat to our na- nology that could be used to produce, government. tional security that we cannot afford develop, or deliver biological weapons, In addition to Joanne Chesimard, a to underestimate. We must be acutely do we not want such proof? convicted U.S. cop killer living in Cas- aware of the reality that the closest And, lastly, the regime must state tro’s Cuba under his protection today, foreign staging ground friendly to ter- and the President must certify that it there are 73 other fugitives living rorist elements is a mere 90 miles from does not provide support or sanctuary under Castro’s protection in Cuba, in- our borders. to international terrorists. cluding Victor Manuel Gerena, an The Goss amendment recognizes the Mr. Chairman, following the deplor- armed robber and a member of a ter- inherent danger posed by this dictator- able acts of September 11, President rorist group who has carried out bomb- ship whose maniacal leader has pledged Bush divided the world into two camps ings of U.S. military and civilian tar- to ‘‘bring America to its knees,’’ a re- with a basic guiding principle, ‘‘Either gets and is a member of the FBI’s 10 gime which along with other pariah you are with us or you are with the ter- Most Wanted List, as well as Michael states plays a critical role in abetting rorists.’’ Ironically enough, today the Robert Finney and Charles Hill, who and facilitating terrorist operations, a United States is facing the same ques- are wanted for the murder of New Mex- regime with an expansive network of tion and that is what the Goss amend- ico State Police Officer Robert spies, equipment, and facilities that ment seeks to address today, and I urge Rosenblum. are targeting military, political, and my colleagues to adopt the Goss Mr. Chairman, the United States of economic information from and about amendment. America should not allow Fidel Castro, the United States only so that they can Mr. ROTHMAN. Mr. Chairman, I Cuba’s dictator for the last 43 years, to share it with other terrorist nations. move to strike the last word. enjoy the financial benefits of Amer- Without the provisions by rogue states The CHAIRMAN. Without objection, ica’s tourism until he returns Joanne such as Cuba of training facilities, the gentleman from New Jersey is rec- Chesimard, the convicted cop killer, sanctuary, financial support, safe ha- ognized for 5 minutes. and until he returns the other 73 fugi- vens and other passive forms of sup- There was no objection. tives from American justice. port, many terrorist groups would find Mr. ROTHMAN. Mr. Chairman, first It is only fair, it is only right. What it far more difficult to continue to op- let me thank the distinguished and do we say to the widow of Werner erate. honorable gentleman from Oklahoma Foerster and his child? What do we say To reiterate, the Goss amendment (Mr. ISTOOK) and the gentleman from to all of the other victims of terror, acknowledges this reality and it imple- Maryland (Mr. HOYER), the ranking American victims of terror and their ments steps to help us counter the member, for all their work in crafting children and their relatives if we do threats stemming from a nation so a bill that deserves all of our support. not seek justice for the fugitives given close to our own. Further, it estab- I am proud to serve with them on the sanctuary by Castro today in Cuba? lishes a mechanism to address and pro- Subcommittee on Treasury, Postal If we simply remove the travel ban tect our great Nation from a new wave Service and General Government, and I without any regard to these fugitives of terrorism, one potentially involving thank them for their leadership. now under Castro’s control, we say to the world’s most destructive weapons. I come here this evening, however, to any terrorist who would kill a United Our enemies are working to obtain wholeheartedly support and endorse, States trooper, State trooper or any chemical, biological, radiological, and and I ask my colleagues to support, the other first responder, we would say to nuclear weapons for the purposes of Goss amendment. In my opinion, the those terrorists, those murderers, it is wreaking unprecedented damage on United States should not lift the travel okay, you can escape American justice, America. The Castro regime is no dif- ban to Cuba until several important even if you are caught and convicted ferent, Mr. Chairman. Dr. Ken Alibek, conditions are met. Foremost on this by a U.S. jury, if you can escape to the former head of the Soviet Biologi- list of conditions is the requirement Cuba. That is wrong, I say to my col- cal Weapons program, has referenced in that Cuba return convicted American leagues. We should not allow travel to congressional testimony the existence fugitives now living in Cuba who have Cuba until Castro returns the 74 fugi- of a center close to Havana involved in been given sanctuary in Cuba by the tives from American justice. military biological technology. He as- Castro government. Mr. Chairman, I support the Goss serts that the Castro regime has the My passion for this particular condi- amendment, and I ask all of my col- capacity and the desire to develop such tion is rooted in the 74 cases of Amer- leagues to do so. biological weapons. And the former di- ican fugitives from justice now living Mr. MCGOVERN. Mr. Chairman, will rector of research and development at under Castro’s protection in Cuba. the gentleman yield? Cuba’s Center for Genetic Engineering Let me tell my colleagues about one Mr. ROTHMAN. I yield to the gen- and Biotechnology, Dr. Jose de la of these fugitives from American jus- tleman from Massachusetts. Fuente, has detailed the Castro re- tice. Joanne Chesimard, a convicted Mr. MCGOVERN. Mr. Chairman, I gime’s sales of technology to Iran cop killer. On May 2, 1973, New Jersey would simply say to the gentleman

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.157 pfrm17 PsN: H23PT2 H5270 CONGRESSIONAL RECORD — HOUSE July 23, 2002 that I agree with him that we need to Senior State Department officials not about terrorism. It is about trying bring fugitives who have committed have discussed publicly the threat of to destroy the amendment that the crimes in this country to justice, not Cuba’s bioterrorism program. gentleman from Arizona (Mr. FLAKE) only in Cuba, but in other countries, b 1745 will offer that will allow Americans to including some of our allies who we do travel to Cuba. Yes, this amendment not have extradition treaties with. Per- As we rush to protect our citizens coats itself in words about terrorism, haps the gentleman would urge the from small pox and anthrax, Castro is but if it were serious you would not United States to try to negotiate an diverting the resources of his des- allow Canada to send all of their people extradition treaty with Cuba in order perately poor economy to offensive bio- to Cuba because of terrorism; you logical warfare research and develop- to get those fugitives back to the would not allow the European allies ment. And he is selling bio-technology United States where they can stand that are helping us send all of their to other rogue states. Even more than trial, rather than deny U.S. citizens folks to Cuba. In fact, what this with al Qaeda terrorists based in Af- freedom. amendments says is that travel to ghanistan, Pakistan, or Somalia, Cuba shall apply only after the Presi- Mr. ROTHMAN. Mr. Chairman, re- Cuba’s geographic proximity to the claiming my time, I would do what the dent has certified to Congress that the United States offers Castro’s agents op- Cuban Government does not possess gentleman suggests, but I am not going portunities to gain access to U.S. terri- to before that allow Castro to have the and is not developing a biological tory and to our critical infrastructure. weapons programs that threatens the benefits of tourism from the United In this connection, the current regu- States until he returns these cop-kill- homeland security of the United lations on U.S.-Cuba travel are a cru- States. ers and 74 fugitives back to the United cial tool for law enforcement to pre- States. The President cannot certify that vent the use of bio-weapons against the about our own country. Where did the Mr. COX. Mr. Chairman, I move to American people. anthrax come from? strike the last word, and I rise in Today we will vote on legislation to We allow our tourists to go to China. strong support of the Goss amendment. lift aspects of the embargo on Cuba. We could not certify these things about The CHAIRMAN. Without objection, The Goss amendment will only take ef- China. We allow our tourists to go to the gentleman from California is recog- fect if this Chamber votes to do so. It North Korea, and we could not certify nized for 5 minutes. requires a Presidential precertification these things about North Korea. We There was no objection. to Congress before such a new law allow our own tourists to go to Iran, Mr. COX. Mr. Chairman, very short- would take effect of three things: first, and we certainly could not certify ly, we will see the anniversary of Sep- that Cuba does not possess and is not these things about Iran. This is an tember 11. At this point, reflecting developing biological weapons that issue to kill the Flake amendment. back on the events of last year, we can threaten the homeland security of the The only wise thing to do if you real- take comfort that the entire civilized United States; second, that Cuba is not ly want the ability of Americans to sell world has joined us in condemning the providing to terrorist states or ter- the American message, to sell what it acts of terrorism committed here in rorist organizations technology that is about America that we love and pos- Washington, in New York, and in Penn- could be used to produce, develop or de- sess is to allow Americans travel to a sylvania. Nowhere has this support for liver biological weapons; and, third, tiny little island with 11 million peo- our war on terrorism been stronger that Cuba is not providing support or ple. than in our own hemisphere where the sanctuary to international terrorists. We are asking the question in the leaders of every nation have joined in These are exceedingly reasonable and Middle East, Why do they hate us? our fight; all, that is, except one, be- vitally important questions to have an- What do you think the Cuban people cause the Castro regime does not sup- swered. And if President Bush cannot are asking? Why do the Americans hate port the war on terrorism. give Cuba a clean bill of health on us so much that they will not allow President Bush asked the leaders of these three questions, then, lifting any their own people to come here to our the civilized world to declare them- aspect of the embargo must be depend- country? selves with us or against us, but the ent upon Castro’s beginning to change If we want to prohibit Americans Castro regime has made it very clear these practices. from traveling to Cuba, then we ought that they oppose the war on terrorism. The embargo and the promise of lift- to support the Goss amendment. But if According to Secretary of State ing it provides the necessary leverage you really think after 40 years of failed Colin Powell and Secretary of the for the President to achieve our policy we ought to try something dif- Treasury Paul O’Neill, in an extraor- antiterror objectives. If Congress were ferent, then you ought to join me in de- dinary joint letter to Congress: ‘‘The to give the Castro regime the trade and feating the Goss amendment. Mr. CUNNINGHAM. Mr. Chairman, I Cuban government has refused to co- tourism dollars they now seek without any reform in exchange, we would si- move to strike the last word. operate with the global coalition’s ef- The CHAIRMAN. Without objection, forts to combat terrorism, refusing to multaneously undermine U.S. policy and subsidize our hemisphere’s most the gentleman from California is recog- provide information about al Qaeda.’’ nized for 5 minutes. ‘‘On June 8, 2002,’’ and I am still notorious state sponsor of terrorism. Castro, for his part, would use any eas- There was no objection. quoting from this letter from the Sec- Mr. CUNNINGHAM. Mr. Chairman, I ing of the embargo to redouble his ef- retary of State and the Secretary of rise in strong support of the Goss forts to undermine America and to the Treasury, in an extraordinary joint amendment. The sanctions on Cuba re- tighten his grip over the Cuban people, letter to Congress, ‘‘On June 8, 2002, mind me of the people that want to lift Castro compared the U.S. campaign but we must not give him that chance. As we continue to wage the war on those sanctions as the turtle and the against terrorism with Hitler’s Third terrorism, now is the time to fully sup- snake story. A snake came up to the Reich. Castro said, ’What is the dif- port President Bush by giving him the river and could not swim across it. So ference between America’s tools he needs to win. I urge my col- he asked the turtle, Please let me antiterrorism philosophy and those of climb on your back and take me cross leagues to vote ‘‘aye’’ on the Goss the Nazis?’″ the river. And the turtle said, I cannot amendment. It does not end there. Cuba is work- Mr. FARR of California. Mr. Chair- do that because when I get on the other ing with the government of Iran and man, I move to strike the last word. side, you will sink your fangs into me Ayatollah Ali Khamenei to undermine The CHAIRMAN. Without objection, put venom into me and kill me. The America. In a meeting with Khamenei the gentleman from California is recog- snake said, Trust me. I will not do last year, Castro said that in coopera- nized for 5 minutes. that. So the turtle says, Hop on my tion with each other, Iran and Cuba There was no objection. back. And the turtle takes the snake can destroy America. He added that, Mr. FARR of California. Mr. Chair- across and just as they get to the other ‘‘The United States regime is very man, I appreciate being recognized. side, the snake sink his fangs into the weak and we are witnessing this weak- Let me ask Members to consider turtle and envenomates him. The tur- ness from close up.’’ what this amendment is about. It is tle said, But you gave me your word

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.158 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5271 that you would not bite me, you would the world who have had terrorist ten- is something of a pretext here to frus- not kill me. And the snake turned to dencies, terrorist records, we only need trate the Flake amendment and think the turtle and said, I do not know what look to the places like the Soviet carefully about the future relationship. you are complaining about, you knew Union and China with which we nor- Think carefully about whether we are it was in my nature. malized relations, an opening of a rela- harming the potential future relation- This is in Castro’s nature. Have we tionship, an opening years and years ship for helping it, as we look at the 11 forgot about Che Guevara? Have we ago that led to a relationship of civil- million people who are in Cuba who forgot about Angola? Have we forgot ity and some respect mutually, some yearn to be free, I would argue. And I about the MIAs and the prisoners of relationship, in fact, rather than isola- think only by opening your relation- war that died under his henchmen, his tion. ship, having communication, letting interrogators in Vietnam? I remember That is why I urge my colleagues them understand that America should that. And until those people are today to think carefully about this not be the scape goat of Fidel Castro. brought to justice, the 74 people that issue of this Goss amendment. The gen- It is a convenient scape goat for him, Castro is harboring that are cop kill- tleman from Florida (Mr. GOSS) is a this embargo. He must love it because ers, and we are even conceiving of lift- strong figure in this House of Rep- it allows him to rail against the United ing the embargo on Castro. It is amaz- resentatives. I have great respect for States when, in fact, probably his ing. him. I also feel the same way about the worst nightmare would be if we lifted There is documented evidence that gentleman from Arizona (Mr. FLAKE), the opportunity to travel and flooded Castro works with terrorist organiza- whose approach to change this policy the people of Cuba with exposure to de- tions and groups. Iran, with a recent in his amendment really, it seems to mocracy and freedom. That would be visit, biological warfare; and we are me, is being thwarted by a secondary his worst nightmare. considering raising these sanctions? amendment that has a purpose that So I would just say to my friends, Remember the Bay of Pigs? You do not should not be the one we focus on this is a highly emotional debate for a think he would not put missiles there today. The focus ought to be, in my lot of people. People feel very strongly and use them on us? judgment, the relationship between the about this issue, but I would urge we Think who Castro is. Look at the his- United States and Cuba post-Castro. reject the Goss amendment and sup- tory of this man and you want to allow I will stand with everyone here in port the Flake amendment. the snake to climb on the United condemning the regime of Fidel Castro, b 1800 States’ back and trust him? I cannot but I will stand with a lot of people in Mr. DELAHUNT. Mr. Chairman, I do that. It is wrong. this Chamber who support the 11 mil- move to strike the last word. I look at Elian Gonzalez. Maybe if lion people and the potential relation- The CHAIRMAN. Without objection, you are Janet Reno this would be okay; ship we could have with them if we the gentleman from Massachusetts but to me and those who have fought have a change in policy. (Mr. DELAHUNT) is recognized for 5 min- for this country, to allow someone that This policy has not worked. Castro utes. in every case in every place, when I has not yielded to the embargo that There was no objection. was in the United States Navy when we has existed for all these years. And so Mr. DELAHUNT. Mr. Chairman, I would go when Cuba was getting my sense is that as we open the door to know some of my friends on the other money from Russia, we would have trade, the door to a relationship side are concerned about or they have Cuban advisors there, Cubans in Viet- through food and medicine which oc- expressed their fears about bioweapons nam, Cubans in Angola, Cubans in curred here a couple of years ago with and bioterrorism, but I think I should every place that the United States broad bipartisan support, that has point out that General Gary Spear who were going to go, ready to kill Ameri- opened the door to a future relation- is the commander of the U.S. Southern cans, and you want to lift the embar- ship which I think has merit, not as it Command said just recently in a New go? It is beyond comprehension. relates to Castro certainly, but as it re- York Times article that he knows of no I guess the best thing is the Presi- lates to the Cuban people. evidence that Cuba is producing bio- dent will veto it. Maybe you are trying When we engaged with the Soviet logical weapons from biomedical re- to make a political issue, but the Union years and years ago, it led to a search programs. President is going to veto this if it goes relationship that has been one of mu- Then, of course, we have the indi- in. But Cuba is the only nation in the tual discussion and consideration, not vidual who should know, the Assistant hemisphere where political activity of isolation. We never in all the years of Secretary of State for Intelligence and all kinds is a crime. Take a look at Soviet Union ownership of weaponry, Research who testified recently before what this man is. And you are trying of terrorist activity, of spying, of all of a Senate committee, Mr. Ford, Sec- to raise those sanctions? Do not let those things that we object to in a free retary Ford. In a response to a ques- him on our backs. I support the Goss society, we never restricted the travel tion from a Senator, he said, ‘‘Do I go amendment. there. home every night and worry about it? Mr. NETHERCUTT. Mr. Chairman, I In China, people travel there regu- No.’’ He also said that Cuba is far from move to strike the last word. larly now. There are 13 categories of the number one concern of the people The CHAIRMAN. Without objection, travel that exist today for people of the in our government who monitor chem- the gentleman from Washington is rec- United States to go to Cuba. And most ical and biological weapon threats. ognized for 5 minutes. of the proponents of the restrictive So I would hope that their fears There was no objection. amendment, I would argue, have never would be somewhat alleviated, but we Mr. NETHERCUTT. Mr. Chairman, I been to Cuba, have never had a chance have an amendment before us that have listened to part of this debate to talk with any of the people there on would, in effect, continue to subvert today and find it interesting. This sub- that soil and get a sense of what the fu- the constitutional right of Americans ject is fascinating to me, and I have ture potential is for a relationship. to travel by requiring a brand new great respect for people on both sides I want to let my colleagues know presidential certification that applies of the issue. that the American Farm Bureau Fed- to no other country but Cuba. What strikes me in this amendment eration strongly supports the Flake For example, it would not apply to is that we are debating not the future amendment, strongly opposes the Goss China, where just recently nine Chi- of the United States’ relationship with amendment for reasons that our Amer- nese companies, presumably owned by Cuba, but we are trying, it seems to me ican agriculture sector has a huge po- the People’s Army, sold goods and by this amendment, to restrict that fu- tential, I believe, to do business with technology to Iran, where they were ture and the potential for it. It is Cuba, that is, take Castro’s money, used for conventional and chemical couched in terms of bio-terrorism and take the government of Cuba’s money weapons programs, but no need for cer- chemical warfare, but it is an incon- and provide food and medicine for the tification when it comes to China. In sistent argument because if you look people of Cuba, to assist them. fact, recent reports indicate that the at the history of the United States and So I urge us to think beyond just the United States is contemplating an ex- its relations with other countries of issue of terrorism that I happen to feel pansion of our military ties with that

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.171 pfrm17 PsN: H23PT2 H5272 CONGRESSIONAL RECORD — HOUSE July 23, 2002 Communist government, but certifi- Mr. HYDE. Mr. Chairman, I listened that must change its policy. He could cation of Cuba, of course. to the speeches, impassioned on both do that if he wanted to. He is an enemy Some might suggest that not only is sides, and they are very instructive. and he should be isolated as one. The this inconsistent but hypocritical. Someone mentioned 11 million Cubans gentleman from Florida (Mr. GOSS) While on the subject of Iran, I think it yearning to be free. The only advice I knows what he is talking about. He is was the gentleman from California would give them is do not get in a boat chairman of the Permanent Select (Mr. COX) that talked about Iran, and and try to get out into the ocean be- Committee on Intelligence, and I put remember, that is one of the originals cause they will get shot alive. my trust in him. in the axis of evil, but no need for cer- I have heard comparisons of our atti- Mr. BLUMENAUER. Mr. Chairman, I tification there either. tude toward China and my colleagues move to strike the last word. This amendment does not mention are perfectly right. It is very incon- The CHAIRMAN. Without objection, Iran, and in case my colleagues did not sistent. China is so big, it is like when the gentleman from Oregon (Mr. know, Americans can travel to Iran banks go bankrupt. It is too big to fail. BLUMENAUER) is recognized for 5 min- today without a license. Supposedly we Our attitude towards China is one that utes. are worried about Iran and its support I have difficulty supporting because of There was no objection. for terrorist organizations like Hamas their human rights, but that does not, Mr. BLUMENAUER. Mr. Chairman, and Hezbollah. In fact, our own State in any way, diminish the offensiveness this afternoon’s debate is not about Department recently announced that of the Castro regime. American security or about support for Iran remained the most active State A friend of mine, he is deceased now, Castro’s regime. It is not even about sponsor of terrorism in 2001, but there Vernon Walters, had a great descrip- business opportunities that may avail is no certification for Iran in this tion of Cuba. He said it is the biggest should we change our failed policy. amendment. country in the world. Its administra- This afternoon’s debate is about an at- Again, some might suggest that this tion is in Havana, but its government tempt to continue to extend this failed is hypocrisy, and then what about is in Moscow; its army is in Africa; and policy from the last 42 years. North Korea, the other in the troika of its population is in Miami. That is not We have heard people come forward the axis of evil. Surely one would be- true anymore, but it is a good line, and already this afternoon, making the lieve that this amendment would in- I would like to revisit it. point that it is really hard to argue clude North Korea in its certification On this bill, a country that cannot that Cuba is a serious threat to United requirements, especially since there is recognize its enemy is in great dif- States security. It has not been named no U.S. policy prohibiting travel to ficulty, and Cuba, under the Castro re- as a state that possesses biological or North Korea if an American citizen gime, is certainly our enemy. What chemical weapons. It was not men- wants to exercise his or her constitu- does this simple amendment do? It says tioned in the State Department’s 2000 tional right. Furthermore, we have an the President has to certify that Cuba report of the worrisome states pur- agreement with North Korea where we is not developing biological weapons. suing or possessing biological or chem- give them hundreds of millions of dol- Does anyone think it is a healthy state ical weapons. lars of aid annually for not pursuing a to have an avowed Marxist enemy of Despite all the recent hoopla regard- nuclear weapons effort. I bet the Cu- the United States developing biological ing Under Secretary of State John bans would love that deal. The North weapons; is not providing state spon- Bolton’s notion of Cuba being a bioter- Koreans are not included in this sors of terrorism or terrorist organiza- rorist threat, the State Department’s amendment. Inconsistent, hypocritical, tions with technology to create bio- been sort of backing away from that I do not know. ever since. No, even if that were, in Then, of course, one might expect logical weapons, and is not providing fact, the case, Mr. Chairman, what we that there would be a certification re- sanctuary of international terrorists? have before us here this evening is that quirement in this amendment for Saudi Listen, he is the last Communist dic- there is really no cause and effect be- Arabia, since 15 of the 19 hijackers who tator in our hemisphere, one of the few tween what is purported in terms of were responsible for the death of more left in the world, including China, and terrorism and what is before us to vote than 3,000 Americans on September 11 he is an outlaw. He ought to be treated upon. were Saudi citizens. Of course, there as an outlaw. As has been mentioned, we allow appears to be compelling evidence that Earlier this year, the State Depart- Americans to travel to China, to Viet- Saudi money went to support the ex- ment publicly released unclassified in- nam, to the axis of evil in Iran and tremist religious schools, the so-called formation cleared by our intelligence North Korea, which I think many peo- madrassas that are a breeding nest for community, and let me quote it. ‘‘The ple feel do pose real threats, but we are terrorists, but no, they are not in- United States believes that Cuba has at not coming forward with that. In fact, cluded either, despite being one of the least a limited, developmental, offen- we would be coming forward with a cer- most oppressive regimes on the planet. sive biological warfare research and de- tification process that cannot be done Maybe, just maybe, if Cuba had a few velopment effort. Cuba has provided as has been referenced by my colleague massive oil reserves, this amendment dual use biotechnology to rogue states. from California for this country, as would not be before us. We are concerned that such technology Again, I think it opens us to charges could support biological warfare pro- well as many other countries where we of inconsistency at best and hypocrisy grams in those States.’’ permit travel. It is very likely to be an at worst. We could discuss other na- The State Department has repeatedly intensely political decision given the tions, Syria, Sudan, both of which Sec- designated Cuba as a State sponsor of nature of domestic politics. retary Bolton said may be pursuing bi- terrorism. Cuba harbors fugitives from Mr. Chairman, it is time to free ological weapons, but I think my col- the Basque terrorist group ETA. Cuba America from the shackles of this leagues get the picture. also harbors fugitives from U.S. jus- failed policy, but most important, it is This amendment makes no sense. It tice, including people who have mur- not about trying to have Americans does not pass the smell test. It is not dered American police officers. Cuba there to change practices in Cuba. Al- about terrorism or foreign policy. It is harbors members of the FALN- though, I truly believe that by having about domestic politics, and it deserves Macheteros terrorist organization. the free flow of people in and out of to be defeated. They are not a friendly country. Cuba, that it will hasten the day that Mr. HYDE. Mr. Chairman, I move to They hate America and there is no rea- there is a change in the Cuban regime. strike the last word. son for us to embrace them and to have People here on this floor ought to be The CHAIRMAN. Without objection, them point and say, well, we outlasted outraged with the interference with the gentleman from Illinois (Mr. HYDE) you, you are out of breath and so you the American’s constitutional right to is recognized for 5 minutes. are surrendering. travel. Former Supreme Court Justice There was no objection. I think Mr. Castro deserves to be Douglas said the ‘‘freedom of move- (Mr. HYDE asked and was given per- treated as an outcast. We are treating ment is the very essence of our free so- mission to revise and extend his re- him as such, and if we just persist, ciety, setting us apart. It often makes marks.) sooner or later he will leave. It is Cuba all other rights meaningful.’’

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.172 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5273 Americans have the right to travel mand and passed on information lead- the United States Postal Service, the the world, to make their own judg- ing to the downing of a Brothers to the Executive Office of the President, and ments, whether it is in Burma, in Rescue plane with Cuban migs. certain Independent Agencies, for the China, Iran or North Korea. It is high Despite U.S. appeals, Cuba has done fiscal year ending September 30, 2003, time that we stop the tyranny of do- nothing to cooperate in the war and for other purposes, had come to no mestic policy that is interfering with against terrorism. The State Depart- resolution thereon. the rights of Americans to be able to ment reports that Cuba has not turned f travel to Cuba as they see fit, to make over a single piece of useful informa- their own judgments and, incidentally, tion on al Qaeda and the terrorism net- ANNOUNCEMENT BY THE SPEAKER hasten the demise of that regime. works. Castro and Cuban officials fre- PRO TEMPORE I strongly urge the rejection of this quently attack the war on terror as The SPEAKER pro tempore. Pursu- amendment, and as we have the pro- American aggression. On June 8, just ant to clause 8 of rule XX, the Chair posals that come forward later in the last month, Castro asked, ‘‘What is the announces that he will postpone fur- evening from the gentleman from Ari- difference between the American war ther proceedings today on the motion zona (Mr. FLAKE), that would move us on terror’s philosophy and methods, to suspend the rules on which a re- incrementally towards a sense of ra- and those of the Nazis?’’ corded vote or the yeas and nays are tionality, I strongly urge support for We know that Cuba has been working ordered, or on which the vote is ob- them as well. to develop weapons of mass destruction jected to under clause 6 of rule XX. b 1815 for years. Under Secretary of State Any record vote on the postponed John Bolton recently testified that the question will be taken later. Mr. DELAY. Mr. Chairman, I move to United States believes that Cuba has at strike the last word. f least a limited developmental biologi- The CHAIRMAN. Without objection, PIPELINE INFRASTRUCTURE PRO- cal warfare research and development the gentleman from Texas is recog- TECTION TO ENHANCE SECURITY effort. nized for 5 minutes. AND SAFETY ACT There was no objection. The Goss amendment protects our Mr. YOUNG of Alaska. Mr. Speaker, I Mr. DELAY. Mr. Chairman, while national security by shielding funding Members may disagree about the im- for travel ban enforcement unless the move to suspend the rules and pass the pact that increased trade and unre- President first certifies that the Cuban bill (H.R. 3609) to amend title 49, stricted tourism could potentially play Government does not threaten our United States Code, to enhance the se- in reforming Castro’s ruling regime, homeland security. Specifically, the curity and safety of pipelines, as there is overwhelming opposition to President must make three very crit- amended. any action that would compromise the ical determinations that make good The Clerk read as follows: war against terror. common sense: H.R. 3609 We have ample reason to suspect that First, Cuba does not possess and is Be it enacted by the Senate and House of Rep- Castro is developing weapons of mass not developing a biological weapons resentatives of the United States of America in destruction. America cannot allow a program; second, Cuba is not providing Congress assembled, hostile regime just 90 miles from our terrorist states or terrorist organiza- SECTION 1. SHORT TITLE; AMENDMENT OF TITLE tions with the technology to build or 49, UNITED STATES CODE; TABLE OF shores to develop the world’s most dan- CONTENTS. use bioweapons; and, third, Cuba is not gerous weapons. That is the difference (a) SHORT TITLE.—This Act may be cited as between Cuba and China. That is the providing support for our or sanctuary the ‘‘Pipeline Infrastructure Protection to difference between Cuba and North to international terrorists. Very sim- Enhance Security and Safety Act’’. Korea. Ninety miles. For that reason, ple, straightforward commonsense ap- (b) AMENDMENT OF TITLE 49, UNITED STATES we must completely be confident that proaches. CODE.—Except as otherwise expressly pro- Castro’s regime is not either producing Two generations ago, President Ken- vided, whenever in this Act an amendment biological weapons or supporting ter- nedy called Castro’s Cuba ‘‘the un- or repeal is expressed in terms of an amendment to, or a repeal of, a section or other rorist organizations before any steps to happy island.’’ Four decades later, life for the Cuban people has only gotten provision, the reference shall be considered relax the embargo are contemplated. to be made to a section or other provision of Castro’s Cuba has a long track record worse under Fidel Castro’s brutality. title 49, United States Code. of hostility towards the United States, They are stripped of basic human (c) TABLE OF CONTENTS.— and freedom in general. Castro has long rights, they are denied political rights, Sec. 1. Short title; amendment of title 49, given refuge to terrorists and violent and they are deprived of the hope to United States Code; table of fugitives, and the Goss amendment improve their lives because Cuba still contents. raises a firewall between American has not joined the 21st century. Sec. 2. One-call notification programs. tourism and Cuban biological weapons We should never stop working to Sec. 3. One-call notification of pipeline oper- development and support for terrorist bring freedom to Cuba. But until we ators. Sec. 4. Protection of employees providing organizations. can be certain that Cuba poses no threat to our national security, Con- pipeline safety information. Castro’s regime is a threat to our na- Sec. 5. Safety orders. tional security and a source of daily gress should take no step that inad- Sec. 6. Penalties. oppression to the Cuban people. Cuba vertently strengthens the Castro re- Sec. 7. Pipeline safety information grants to has sponsored, trained, and directed gime and compromises our campaign communities. terrorist groups operating in our hemi- against terror. Members should support Sec. 8. Population encroachment. sphere. History proves it. Cuban offi- the Goss amendment because it will en- Sec. 9. Pipeline integrity research, develop- cials regularly collaborate with other sure that the price of Cuban tourism ment, and demonstration. state sponsors of terrorism. Just last will not eventually be measured in Sec. 10. Pipeline qualification programs. Sec. 11. Additional gas pipeline protections. year, Castro visited Libya, Syria and American lives. Sec. 12. Security of pipeline facilities. Iran, saying in Tehran, ‘‘Iran and Cuba, Mr. YOUNG of Florida. Mr. Chair- Sec. 13. National pipeline mapping system. in cooperation with each other, can man, I move that the Committee do Sec. 14. Coordination of environmental re- bring America to its knees.’’ now rise. views. Cuban intelligence seeks to penetrate The motion was agreed to. Sec. 15. Nationwide toll-free number system. our Defense Department. A Cuban spy Accordingly, the Committee rose; Sec. 16. Recommendations and responses. in the Defense Intelligence Agency, and the Speaker pro tempore (Mr. WAL- Sec. 17. Miscellaneous amendments. Sec. 18. Technical amendments. just discovered after September 11, DEN of Oregon) having assumed the Sec. 19. Authorization of appropriations. could have passed valuable information chair, Mr. DREIER, Chairman of the Sec. 20. Inspections by direct assessment. on American tactics and methods to Committee of the Whole House on the Sec. 21. Pipeline bridge risk study. hostile regimes through Castro’s gov- State of the Union, reported that that Sec. 22. State oversight role. ernment and endangered our soldiers. Committee, having had under consider- SEC. 2. ONE-CALL NOTIFICATION PROGRAMS. A Cuban spy cell, the so-called ‘‘Wasp ation the bill (H.R. 5120) making appro- (a) MINIMUM STANDARDS.—Section 6103 is Network,’’ targeted our southern com- priations for the Treasury Department, amended—

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.173 pfrm17 PsN: H23PT2 H5274 CONGRESSIONAL RECORD — HOUSE July 23, 2002 (1) in subsection (a)— (1) in the matter preceding paragraph (1) complaint, of the allegations contained in (A) in paragraph (1) by inserting ‘‘, includ- by striking ‘‘knowingly and willfully’’; the complaint, of the substance of evidence ing all government operators’’ before the (2) in paragraph (1) by inserting ‘‘know- supporting the complaint, and of the oppor- semicolon at the end; and ingly and willfully’’ before ‘‘engages’’; tunities that will be afforded to such person (B) in paragraph (2) by inserting ‘‘, includ- (3) by striking paragraph (2)(B) and insert- or persons under paragraph (2). ing all government and contract excavators’’ ing the following: ‘‘(2) INVESTIGATION; PRELIMINARY ORDER.— before the semicolon at the end; and ‘‘(B) a pipeline facility, and knows or has ‘‘(A) IN GENERAL.—Not later than 60 days (2) in subsection (c) by striking ‘‘provide reason to know of the damage, but does not after the date of receipt of a complaint filed for’’ and inserting ‘‘provide for and docu- report the damage promptly to the operator under paragraph (1) and after affording the ment’’. of the pipeline facility and to other appro- person or persons named in the complaint an (b) COMPLIANCE WITH MINIMUM STAND- priate authorities; or’’; and opportunity to submit to the Secretary of ARDS.—Section 6104(d) is amended by strik- (4) by adding after paragraph (2) the fol- Labor a written response to the complaint ing ‘‘Within 3 years after the date of the en- lowing: and an opportunity to meet with a represent- actment of this chapter, the Secretary shall ‘‘Penalties under this subsection may be re- ative of the Secretary of Labor to present begin to’’ and inserting ‘‘The Secretary duced in the case of a violation that is statements from witnesses, the Secretary of shall’’. promptly reported by the violator.’’. Labor shall conduct an investigation and de- (c) IMPLEMENTATION OF BEST PRACTICES SEC. 4. PROTECTION OF EMPLOYEES PROVIDING termine whether there is reasonable cause to GUIDELINES.— PIPELINE SAFETY INFORMATION. believe that the complaint has merit and no- (1) IN GENERAL.—Section 6105 is amended to (a) IN GENERAL.—Chapter 601 is amended tify in writing the complainant and the per- read as follows: by adding at the end the following: son or persons alleged to have committed a violation of subsection (a) of the Secretary ‘‘§ 6105. Implementation of best practices ‘‘§ 60129. Protection of employees providing of Labor’s findings. If the Secretary of Labor guidelines pipeline safety information concludes that there is reasonable cause to ‘‘(a) ADOPTION OF BEST PRACTICES.—The ‘‘(a) DISCRIMINATION AGAINST EMPLOYEE.— believe that a violation of subsection (a) has Secretary of Transportation shall encourage (1) No employer may discharge any employee occurred, the Secretary of Labor shall in- States, operators of one-call notification or otherwise discriminate against any em- clude with the Secretary of Labor’s findings programs, excavators (including all govern- ployee with respect to his compensation, with a preliminary order providing the relief ment and contract excavators), and under- terms, conditions, or privileges of employ- prescribed by paragraph (3)(B). Not later ground facility operators to adopt and implement because the employee (or any person than 60 days after the date of notification of ment practices identified in the best prac- acting pursuant to a request of the em- findings under this subparagraph, any person tices report entitled ‘Common Ground’, as ployee)— alleged to have committed a violation or the periodically updated. ‘‘(A) provided, caused to be provided, or is complainant may file objections to the find- ‘‘(b) TECHNICAL ASSISTANCE.—The Sec- about to provide or cause to be provided, to ings or preliminary order, or both, and re- retary shall provide technical assistance to the employer or the Federal Government in- quest a hearing on the record. The filing of and participate in programs sponsored by a formation relating to any violation or al- such objections shall not operate to stay any non-profit organization specifically estab- leged violation of any order, regulation, or reinstatement remedy contained in the pre- lished for the purpose of reducing construc- standard under this chapter or any other liminary order. Such hearings shall be con- tion-related damage to underground facili- Federal law relating to pipeline safety; ducted expeditiously. If a hearing is not re- ties. ‘‘(B) refused to engage in any practice quested in such 60-day period, the prelimi- ‘‘(c) GRANTS.— made unlawful by this chapter or any other nary order shall be deemed a final order that ‘‘(1) IN GENERAL.—The Secretary may make Federal law relating to pipeline safety, if the is not subject to judicial review. grants to a non-profit organization described employee has identified the alleged illegality ‘‘(B) REQUIREMENTS.— in subsection (b). to the employer; ‘‘(i) REQUIRED SHOWING BY COMPLAINANT.— ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—In ‘‘(C) provided, caused to be provided, or is The Secretary of Labor shall dismiss a com- addition to amounts authorized under sec- about to provide or cause to be provided, tes- plaint filed under this subsection and shall tion 6107, there is authorized to be appro- timony before Congress or at any Federal or not conduct an investigation otherwise re- priated for making grants under this sub- State proceeding regarding any provision (or quired under subparagraph (A) unless the section $500,000 for each of fiscal years 2002 proposed provision) of this chapter or any complainant makes a prima facie showing through 2005. Such sums shall remain avail- other Federal law relating to pipeline safety; that any behavior described in paragraphs (1) able until expended. ‘‘(D) commenced, caused to be commenced, through (4) of subsection (a) was a contrib- ‘‘(3) GENERAL REVENUE FUNDING.—Any sums or is about to commence or cause to be com- uting factor in the unfavorable personnel ac- appropriated under this subsection shall be menced a proceeding under this chapter or tion alleged in the complaint. derived from general revenues and may not any other Federal law relating to pipeline ‘‘(ii) SHOWING BY EMPLOYER.—Notwith- be derived from amounts collected under sec- safety, or a proceeding for the administra- standing a finding by the Secretary of Labor tion 60301.’’. tion or enforcement of any requirement im- that the complainant has made the showing (2) CONFORMING AMENDMENT.—The analysis posed under this chapter or any other Fed- required under clause (i), no investigation for chapter 61 is amended by striking the eral law relating to pipeline safety; otherwise required under subparagraph (A) item relating to section 6105 and inserting ‘‘(E) provided, caused to be provided, or is shall be conducted if the employer dem- the following: about to provide or cause to be provided, tes- onstrates, by clear and convincing evidence, ‘‘6105. Implementation of best practices timony in any proceeding described in sub- that the employer would have taken the guidelines.’’. paragraph (D); or same unfavorable personnel action in the ab- (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(F) assisted or participated or is about to sence of that behavior. (1) FOR GRANTS FOR STATES.—Section assist or participate in any manner in such a ‘‘(iii) CRITERIA FOR DETERMINATION BY SEC- 6107(a) is amended by striking ‘‘$1,000,000 for proceeding or in any other manner in such a RETARY.—The Secretary of Labor may deter- fiscal year 2000’’ and all that follows before proceeding or in any other action to carry mine that a violation of subsection (a) has the period at the end of the first sentence out the purposes of this chapter or any other occurred only if the complainant dem- and inserting ‘‘$1,000,000 for each of fiscal Federal law relating to pipeline safety. onstrates that any behavior described in years 2003 through 2006’’. ‘‘(2) For purposes of this section, the term paragraphs (1) through (4) of subsection (a) (2) FOR ADMINISTRATION.—Section 6107(b) is ‘employer’ means— was a contributing factor in the unfavorable amended by striking ‘‘for fiscal years 1999, ‘‘(A) a person owning or operating a pipe- personnel action alleged in the complaint. 2000, and 2001’’ and inserting ‘‘for fiscal years line facility; or ‘‘(iv) PROHIBITION.—Relief may not be or- 2003 through 2006’’. ‘‘(B) a contractor or subcontractor of such dered under subparagraph (A) if the em- SEC. 3. ONE-CALL NOTIFICATION OF PIPELINE a person. ployer demonstrates by clear and convincing OPERATORS. ‘‘(b) DEPARTMENT OF LABOR COMPLAINT evidence that the employer would have (a) LIMITATION ON PREEMPTION.—Section PROCEDURE.— taken the same unfavorable personnel action 60104(c) is amended by adding at the end the ‘‘(1) FILING AND NOTIFICATION.—A person in the absence of that behavior. following: ‘‘Notwithstanding the preceding who believes that he or she has been dis- ‘‘(3) FINAL ORDER.— sentence, a State authority may enforce a charged or otherwise discriminated against ‘‘(A) DEADLINE FOR ISSUANCE; SETTLEMENT requirement of a one-call notification pro- by any person in violation of subsection (a) AGREEMENTS.—Not later than 90 days after gram of the State if the program meets the may, not later than 180 days after the date the date of conclusion of a hearing under requirements for one-call notification pro- on which such violation occurs, file (or have paragraph (2), the Secretary of Labor shall grams under this chapter or chapter 61.’’. any person file on his or her behalf) a com- issue a final order providing the relief pre- (b) MINIMUM REQUIREMENTS.—Section plaint with the Secretary of Labor alleging scribed by this paragraph or denying the 60114(a)(2) is amended by inserting ‘‘, includ- such discharge or discrimination. Upon re- complaint. At any time before issuance of a ing a government employee or contractor,’’ ceipt of such a complaint, the Secretary of final order, a proceeding under this sub- after ‘‘person’’. Labor shall notify, in writing, the person or section may be terminated on the basis of a (c) CRIMINAL PENALTIES.—Section 60123(d) persons named in the complaint and the Sec- settlement agreement entered into by the is amended— retary of Transportation of the filing of the Secretary of Labor, the complainant, and the

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person or persons alleged to have committed forceable in a mandamus proceeding brought ‘‘(a) CIVIL ACTIONS.— the violation. under section 1361 of title 28, United States ‘‘(1) CIVIL ACTIONS TO ENFORCE THIS CHAP- ‘‘(B) REMEDY.—If, in response to a com- Code. TER.—At the request of the Secretary of plaint filed under paragraph (1), the Sec- ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIO- Transportation, the Attorney General may retary of Labor determines that a violation LATIONS.—Subsection (a) shall not apply with bring a civil action in an appropriate district of subsection (a) has occurred, the Secretary respect to an action of an employee of an court of the United States to enforce this of Labor shall order the person or persons employer who, acting without direction from chapter, including section 60112, or a regula- who committed such violation to— the employer (or such employer’s agent), de- tion prescribed or order issued under this ‘‘(i) take affirmative action to abate the liberately causes a violation of any require- chapter. The court may award appropriate violation; ment relating to pipeline safety under this relief, including a temporary or permanent ‘‘(ii) reinstate the complainant to his or chapter or any other law of the United injunction, punitive damages, and assess- her former position together with the com- States.’’. ment of civil penalties, considering the same (b) CIVIL PENALTY.—Section 60122(a) is pensation (including back pay) and restore factors as prescribed for the Secretary in an amended by adding at the end the following: the terms, conditions, and privileges associ- administrative case under section 60122. ated with his or her employment; and ‘‘(3) A person violating section 60129, or an order issued thereunder, is liable to the Gov- ‘‘(2) CIVIL ACTIONS TO REQUIRE COMPLIANCE ‘‘(iii) provide compensatory damages to WITH SUBPOENAS OR ALLOW FOR INSPECTIONS.— the complainant. ernment for a civil penalty of not more than $1,000 for each violation. The penalties pro- At the request’’; and If such an order is issued under this para- vided by paragraph (1) do not apply to a vio- (B) by aligning the remainder of the text of graph, the Secretary of Labor, at the request lation of section 60129 or an order issued paragraph (2) with the text of paragraph (1). of the complainant, shall assess against the thereunder.’’. SEC. 7. PIPELINE SAFETY INFORMATION GRANTS person or persons against whom the order is (c) CONFORMING AMENDMENT.—The chapter TO COMMUNITIES. issued a sum equal to the aggregate amount analysis for chapter 601 is amended by add- (a) GRANT AUTHORITY.—(1) The Secretary of all costs and expenses (including attor- ing at the end the following: ney’s and expert witness fees) reasonably in- of Transportation may make grants for tech- curred, as determined by the Secretary of ‘‘60129. Protection of employees providing nical assistance to local communities and Labor, by the complainant for, or in connec- pipeline safety information.’’. groups of individuals (not including for-prof- tion with, the bringing the complaint upon SEC. 5. SAFETY ORDERS. it entities) relating to the safety of pipelines which the order was issued. Section 60117 is amended by adding at the in local communities. The Secretary shall ‘‘(C) FRIVOLOUS COMPLAINTS.—If the Sec- end the following: establish competitive procedures for award- retary of Labor finds that a complaint under ‘‘(l) SAFETY ORDERS.—If the Secretary de- ing grants under this section, and criteria cides that a pipeline facility has a poten- paragraph (1) is frivolous or has been for selection of grant recipients. The amount tially unsafe condition, the Secretary may brought in bad faith, the Secretary of Labor of any grant under this section may not ex- order the operator of the facility to take may award to the prevailing employer a rea- ceed $50,000 for a single grant recipient. The necessary corrective action, including phys- sonable attorney’s fee not exceeding $1,000. Secretary shall establish appropriate proce- ical inspection, testing, repair, replacement, ‘‘(4) REVIEW.— dures to ensure the proper use of funds pro- or other appropriate action to remedy the ‘‘(A) APPEAL TO COURT OF APPEALS.—Any vided under this section. unsafe condition.’’. person adversely affected or aggrieved by an (2) For purposes of this subsection, the order issued under paragraph (3) may obtain SEC. 6. PENALTIES. term ‘‘technical assistance’’ means engineer- (a) PIPELINE FACILITIES HAZARDOUS TO LIFE review of the order in the United States ing and other scientific analysis of pipeline AND PROPERTY.— Court of Appeals for the circuit in which the safety issues, including the promotion of (1) GENERAL AUTHORITY.—Section 60112(a) violation, with respect to which the order public participation in Department of Trans- is amended to read as follows: was issued, allegedly occurred or the circuit portation and other official processes, com- ‘‘(a) GENERAL AUTHORITY.—After notice in which the complainant resided on the date and an opportunity for a hearing, the Sec- menting on Department of Transportation of such violation. The petition for review retary of Transportation may decide that a proposals, and participating in official Fed- must be filed not later than 60 days after the pipeline facility is hazardous if the Sec- eral standard setting processes. date of issuance of the final order of the Sec- retary decides that— (b) PROHIBITED USES.—Funds provided retary of Labor. Review shall conform to ‘‘(1) operation of the facility is or would be under this section may not be used for lob- chapter 7 of title 5, United States Code. The hazardous to life, property, or the environ- bying or in direct support of litigation. commencement of proceedings under this ment; or (c) AUTHORIZATION OF APPROPRIATIONS.— subparagraph shall not, unless ordered by ‘‘(2) the facility is or would be constructed There are authorized to be appropriated to the court, operate as a stay of the order. or operated, or a component of the facility is the Secretary of Transportation for carrying ‘‘(B) LIMITATION ON COLLATERAL ATTACK.— or would be constructed or operated, with out this section $1,000,000 for each of the fis- An order of the Secretary of Labor with re- equipment, material, or a technique that the cal years 2003 through 2006. Such amounts spect to which review could have been ob- Secretary decides is hazardous to life, prop- shall not be derived from user fees collected tained under subparagraph (A) shall not be erty, or the environment.’’. under section 60301. subject to judicial review in any criminal or (2) CORRECTIVE ACTION ORDERS.—Section SEC. 8. POPULATION ENCROACHMENT. other civil proceeding. 60112(d) is amended by striking ‘‘is haz- ‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY ardous’’ and inserting ‘‘is or would be haz- Section 60127 is amended to read as follows: OF LABOR.—Whenever any person has failed ardous’’. ‘‘§ 60127. Population encroachment to comply with an order issued under para- (b) ENFORCEMENT.—(1) Section 60122(a)(1) is ‘‘(a) STUDY.—The Secretary of Transpor- graph (3), the Secretary of Labor may file a amended— tation, in conjunction with the Federal En- civil action in the United States district (A) by striking ‘‘$25,000’’ and inserting ergy Regulatory Commission and in con- court for the district in which the violation ‘‘$100,000’’; and sultation with appropriate Federal agencies was found to occur to enforce such order. In (B) by striking ‘‘$500,000’’ and inserting and State and local governments, shall un- actions brought under this paragraph, the ‘‘$1,000,000’’. district courts shall have jurisdiction to (2) Section 60122(b) is amended by striking dertake a study of land use practices and grant all appropriate relief, including, but ‘‘under this section’’ and all that follows zoning ordinances with regard to pipeline not to be limited to, injunctive relief and through paragraph (4) and inserting ‘‘under rights-of-way. compensatory damages. this section— ‘‘(b) PURPOSE OF STUDY.—The purpose of ‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.— ‘‘(1) the Secretary shall consider— the study shall be to gather information on ‘‘(A) COMMENCEMENT OF ACTION.—A person ‘‘(A) the nature, circumstances, and grav- land use practices and zoning ordinances— on whose behalf an order was issued under ity of the violation, including adverse im- ‘‘(1) to determine effective practices to paragraph (3) may commence a civil action pact on the environment; limit encroachment on existing pipeline against the person or persons to whom such ‘‘(B) with respect to the violator, the de- rights-of-way; order was issued to require compliance with gree of culpability, any history of prior vio- ‘‘(2) to address and prevent the hazards and such order. The appropriate United States lations, the ability to pay, and any effect on risks to the public, pipeline workers, and the district court shall have jurisdiction, with- ability to continue doing business; and environment associated with encroachment out regard to the amount in controversy or ‘‘(C) good faith in attempting to comply; on pipeline rights-of-way; and the citizenship of the parties, to enforce such and ‘‘(3) to raise the awareness of the risks and order. ‘‘(2) the Secretary may consider— hazards of encroachment on pipeline rights- ‘‘(B) ATTORNEY FEES.—The court, in issuing ‘‘(A) the economic benefit gained from the of-way. any final order under this paragraph, may violation without any reduction because of ‘‘(c) CONSIDERATIONS.—In conducting the award costs of litigation (including reason- subsequent damages; and study, the Secretary shall consider, at a able attorney and expert witness fees) to any ‘‘(B) other matters that justice requires.’’. minimum, the following: party whenever the court determines such (3) Section 60120(a) is amended— ‘‘(1) The legal authority of Federal agen- award costs is appropriate. (A) by striking ‘‘(a) CIVIL ACTIONS.—(1)’’ cies and State and local governments in con- ‘‘(c) MANDAMUS.—Any nondiscretionary and all that follows through ‘‘(2) At the re- trolling land use and the limitations on such duty imposed by this section shall be en- quest’’ and inserting the following: authority.

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‘‘(2) The current practices of Federal agen- (1) IN GENERAL.—Not later than 1 year after tion of the program plan prepared under sub- cies and State and local governments in ad- the date of the enactment of this Act, the section (b). dressing land use issues involving a pipeline participating agencies shall prepare and (e) MEMORANDUM OF UNDERSTANDING.—Not easement. transmit to Congress a 5-year program plan later than 120 days after the date of the en- ‘‘(3) The most effective way to encourage to guide activities under this section. Such actment of this Act, the participating agen- Federal agencies and State and local govern- program plan shall be submitted to the Pipe- cies shall enter into a memorandum of un- ments to monitor and reduce encroachment line Integrity Technical Advisory Com- derstanding detailing their respective re- upon pipeline rights-of-way. mittee established under subsection (c) for sponsibilities under this Act, consistent with ‘‘(d) REPORT.— review, and the report to Congress shall in- the activities and capabilities identified ‘‘(1) IN GENERAL.—Not later than 1 year clude the comments of the Advisory Com- under subsection (a)(3). Each of the partici- after the date of enactment of this sub- mittee. The 5-year program plan shall take pating agencies shall have the primary re- section, the Secretary shall publish a report into account related activities of Federal sponsibility for ensuring that the elements identifying practices, laws, and ordinances agencies that are not participating agencies. of the program plan within its jurisdiction are implemented in accordance with this sec- that are most successful in addressing issues (2) CONSULTATION.—In preparing the proof encroachment on pipeline rights-of-way so gram plan, the participating agencies shall tion. The Department of Transportation’s responsibilities shall reflect its expertise in as to more effectively protect public safety, consult with appropriate representatives of pipeline inspection and information systems pipeline workers, and the environment. State and local government and the private surety. The Department of Energy’s respon- ‘‘(2) DISTRIBUTION OF REPORT.—The Sec- sector, including companies owning energy sibilities shall reflect its expertise in low- retary shall provide a copy of the report to— pipelines and developers of next-generation ‘‘(A) Congress and appropriate Federal volume leak detection and surveillance tech- pipelines, to help establish program prior- nologies. The National Institute of Stand- agencies; and ities. ‘‘(B) States for further distribution to ap- ards and Technology’s responsibilities shall (3) ADVICE FROM OTHER ENTITIES.—In pre- reflect its expertise in standards and mate- propriate local authorities. paring the program plan, the participating ‘‘(3) ADOPTION OF PRACTICES, LAWS, AND OR- rials research. agencies shall also seek the advice of other UTHORIZATION OF PPROPRIATIONS DINANCES.—The Secretary shall encourage (f) A A .— Federal agencies, utilities, manufacturers, There are authorized to be appropriated— Federal agencies and State and local govern- institutions of higher learning, pipeline re- ments to adopt and implement appropriate (1) to the Secretary of Energy $10,000,000; search institutions, national laboratories, (2) to the Secretary of Transportation practices, laws, and ordinances, as identified environmental organizations, pipeline safety in the report, to address the risks and haz- $5,000,000; and advocates, professional and technical soci- ards associated with encroachment upon (3) to the National Institute of Standards eties, and any other appropriate entities. pipeline rights-of-way.’’. and Technology $5,000,000, (c) PIPELINE INTEGRITY TECHNICAL ADVI- for each of the fiscal years 2003 through 2007 SEC. 9. PIPELINE INTEGRITY RESEARCH, DEVEL- for carrying out this section. OPMENT, AND DEMONSTRATION. SORY COMMITTEE.— (g) DEFINITIONS.—For purposes of this sec- (a) ESTABLISHMENT OF COOPERATIVE PRO- (1) ESTABLISHMENT.—The participating tion— GRAM.— agencies shall establish and manage a Pipe- (1) the term ‘‘energy pipeline’’ means a (1) IN GENERAL.—The heads of the partici- line Integrity Technical Advisory Com- pipeline system used in the transmission or pating agencies shall develop and implement mittee (in this subsection referred to as the local distribution of natural gas (including a program of research, development, dem- ‘‘Advisory Committee’’). The Advisory Com- liquefied natural gas), crude oil, or refined onstration, and standardization to ensure mittee shall be established not later than 6 petroleum products; the integrity of energy pipelines and next- months after the date of the enactment of (2) the term ‘‘next-generation pipeline’’ generation pipelines. this Act. means a transmission or local distribution (2) ELEMENTS.—The program shall include (2) DUTIES.—The Advisory Committee pipeline system designed to transmit energy research, development, demonstration, and shall— or energy-related products, in liquid or gas- standardization activities related to— (A) advise the participating agencies on eous form, other than energy pipelines; (A) materials inspection; the development and implementation of the (3) the term ‘‘participating agencies’’ (B) stress and fracture analysis, detection program plan prepared under subsection (b); means the Department of Energy, the De- of cracks, corrosion, abrasion, and other ab- and partment of Transportation, and the Na- normalities inside pipelines that lead to (B) have a continuing role in evaluating tional Institute of Standards and Tech- pipeline failure, and development of new the progress and results of research, develop- nology; and equipment or technologies that are inserted ment, demonstration, and standardization (4) the term ‘‘pipeline’’ means an energy into pipelines to detect anomalies; activities carried out under this section. pipeline or a next-generation pipeline. (C) internal inspection and leak detection (3) MEMBERSHIP.— technologies, including detection of leaks at (A) APPOINTMENT.—The Advisory Com- SEC. 10. PIPELINE QUALIFICATION PROGRAMS. very low volumes; mittee shall be composed of— (a) VERIFICATION PROGRAM.— (D) methods of analyzing content of pipe- (i) 3 members appointed by the Secretary (1) IN GENERAL.—Chapter 601 is further line throughput; of Energy; amended by adding at the end the following: (E) pipeline security, including improving (ii) 3 members appointed by the Secretary ‘‘§ 60130. Verification of pipeline qualification the real-time surveillance of pipeline rights- of Transportation; and programs (iii) 3 members appointed by the Director of-way, developing tools for evaluating and ‘‘(a) IN GENERAL.—Subject to the require- enhancing pipeline security and infrastruc- of the National Institute of Standards and ments of this section, the Secretary of ture, reducing natural, technological, and Technology. Transportation shall require the operator of terrorist threats, and protecting first re- In making appointments, the participating a pipeline facility to develop and adopt a sponse units and persons near an incident; agencies shall seek recommendations from qualification program to ensure that the in- (F) risk assessment methodology, includ- the National Academy of Sciences. dividuals who perform covered tasks are ing vulnerability assessment and reduction (B) QUALIFICATIONS.—Members appointed qualified to conduct such tasks. of third-party damage; to the Advisory Committee shall have expe- ‘‘(b) STANDARDS AND CRITERIA.— (G) communication, control, and informa- rience or be technically qualified, by train- ‘‘(1) DEVELOPMENT.—Not later than 1 year tion systems surety; ing or knowledge, in the operations of the after the date of enactment of this section, (H) fire safety of pipelines; pipeline industry, and have experience in the the Secretary shall ensure that the Depart- (I) improved excavation, construction, and research and development of pipeline or re- ment of Transportation has in place stand- repair technologies; and lated technologies. ards and criteria for qualification programs (J) other elements the heads of the partici- (C) COMPENSATION.—The members of the referred to in subsection (a). pating agencies consider appropriate. Advisory Committee shall serve without ‘‘(2) CONTENTS.—The standards and criteria (3) ACTIVITIES AND CAPABILITIES REPORT.— compensation, but shall receive travel ex- shall include the following: Not later than 6 months after the date of the penses, including per diem in lieu of subsist- ‘‘(A) The establishment of methods for enactment of this Act, the participating ence, in accordance with sections 5702 and evaluating the acceptability of the qualifica- agencies shall transmit to the Congress a re- 5703 of title 5, United States Code. tions of individuals described in subsection port on the existing activities and capabili- (4) MEETINGS.—The Advisory Committee (a). ties of the participating agencies, including shall meet at least 4 times each year. ‘‘(B) A requirement that pipeline operators the national laboratories. The report shall (5) TERMINATION.—The Advisory Com- develop and implement written plans and include the results of a survey by the partici- mittee shall terminate 5 years after its es- procedures to qualify individuals described pating agencies of any activities of other tablishment. in subsection (a) to a level found acceptable Federal agencies that are relevant to or (d) REPORTS TO CONGRESS.—Not later than using the methods established under sub- could supplement existing research, develop- 1 year after the date of the enactment of this paragraph (A) and evaluate the abilities of ment, demonstration, and standardization Act, and annually thereafter, the partici- individuals described in subsection (a) ac- activities under the program created under pating agencies shall each transmit to the cording to such methods. this section. Congress a report on the status and results ‘‘(C) A requirement that the plans and pro- (b) PROGRAM PLAN.— to date of the implementation of their por- cedures adopted by a pipeline operator under

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subparagraph (B) be reviewed and verified ‘‘(2) with respect to a hazardous liquid ‘‘(3) MINIMUM REQUIREMENTS OF INTEGRITY under subsection (e). pipeline facility, has the meaning such term MANAGEMENT PROGRAMS.—An integrity man- ‘‘(c) DEVELOPMENT OF QUALIFICATION PRO- has under section 195.501 of such title, as in agement program required under paragraph GRAMS BY PIPELINE OPERATORS.—Not later effect on the date of enactment of this sec- (1) shall include, at a minimum, the fol- than 2 years after the date of the enactment tion. lowing requirements: of this section, the Secretary shall require a ‘‘(g) REPORT.—Not later than 5 years after ‘‘(A) A baseline integrity assessment of pipeline operator to develop and adopt a the date of enactment of this section, the each of the operator’s facilities in areas qualification program that complies with Secretary shall transmit to Congress a re- identified pursuant to subsection (a)(1), to be the standards and criteria described in sub- port on the status and results to date of the completed not later than 10 years after the section (b). personnel qualification regulations issued date of the adoption of the integrity manage- ‘‘(d) ELEMENTS OF QUALIFICATION PRO- under this chapter.’’. ment program, by internal inspection device, GRAMS.—A qualification program adopted by (2) CONFORMING AMENDMENT.—The analysis pressure testing, direct assessment, or an alan operator under subsection (a) shall infor chapter 601 is amended by adding at end ternative method that the Secretary deter- clude, at a minimum, the following ele- the following: mines would provide an equal or greater ments: ‘‘60130. Verification of pipeline qualification level of safety. ‘‘(1) A method for examining or testing the programs.’’. ‘‘(B) Subject to paragraph (4), periodic re- qualifications of individuals described in (b) PILOT PROGRAM FOR CERTIFICATION OF assessment of the facility, at a minimum of subsection (a). Such method may not be lim- CERTAIN PIPELINE WORKERS.— once every 7 years, using methods described ited to observation of on-the-job perform- (1) IN GENERAL.—Not later than 36 months in subparagraph (A). ance, except with respect to tasks for which after the date of enactment of this Act, the ‘‘(C) Clearly defined criteria for evaluating the Secretary has determined that such ob- Secretary of Transportation shall— the results of reassessments conducted under servation is the best method of examining or (A) develop tests and other requirements subparagraph (B) and for taking actions testing qualifications. The Secretary shall for certifying the qualifications of individ- based on such results. ensure that the results of any such observa- uals who operate computer-based systems for ‘‘(D) A method for conducting an analysis tions are documented in writing. controlling the operations of pipelines; and on a continuing basis that integrates all ‘‘(2) A requirement that the operator com- (B) establish and carry out a pilot program available information about the integrity of plete the qualification of all individuals de- for 3 pipeline facilities under which the indi- the facility and the consequences of releases scribed in subsection (a) not later than 18 viduals operating computer-based systems from the facility. months after the date of adoption of the for controlling the operations of pipelines at ‘‘(E) A description of actions to be taken qualification program. such facilities are required to be certified by the operator to promptly address any in- ‘‘(3) A periodic requalification component under the process established under subpara- tegrity issue raised by an evaluation con- that provides for examination or testing of graph (A). ducted under subparagraph (C) or the anal- individuals in accordance with paragraph (1). (2) REPORT.—The Secretary shall include in ysis conducted under subparagraph (D). ‘‘(4) A program to provide training, as ap- the report required under section 60130(g), as ‘‘(F) A description of measures to prevent propriate, to ensure that individuals per- added by subsection (a) of this section, the and mitigate the consequences of releases forming covered tasks have the necessary results of the pilot program. The report shall from the facility. knowledge and skills to perform the tasks in include— ‘‘(G) A method for monitoring cathodic a manner that ensures the safe operation of (A) a description of the pilot program and protection systems throughout the pipeline pipeline facilities. implementation of the pilot program at each system of the operator to the extent not ad- ‘‘(e) REVIEW AND VERIFICATION OF PRO- of the 3 pipeline facilities; dressed by other regulations. GRAMS.— (B) an evaluation of the pilot program, in- ‘‘(H) If the Secretary raises a safety con- ‘‘(1) IN GENERAL.—The Secretary shall re- cluding the effectiveness of the process for cern relating to the facility, a description of view the qualification program of each pipe- certifying individuals who operate computer- the actions to be taken by the operator to line operator and verify its compliance with based systems for controlling the operations address the safety concern, including issues the standards and criteria described in sub- of pipelines; raised with the Secretary by States and local section (b) and includes the elements de- (C) any recommendations of the Secretary authorities under an agreement entered into scribed in paragraphs (1) through (3) of sub- for requiring the certification of all individ- section (d). The Secretary shall record the uals who operate computer-based systems for under section 60106. results of that review for use in the next re- controlling the operations of pipelines; and ‘‘(4) WAIVERS AND MODIFICATIONS.—In ac- view of an operator’s program. (D) an assessment of the ramifications of cordance with section 60118(c), the Secretary may waive or modify any requirement for re- ‘‘(2) DEADLINE FOR COMPLETION.—Reviews requiring the certification of other individ- and verifications under this subsection shall uals performing safety-sensitive functions assessment of a facility under paragraph be completed not later than 3 years after the for a pipeline facility. (3)(B) for reasons that may include the need date of the enactment of this section. (3) DEFINITION.—For purposes of this sub- to maintain local product supply or the lack ‘‘(3) INADEQUATE PROGRAMS.—If the Sec- section, the term ‘‘computer-based systems’’ of internal inspection devices if the Sec- retary decides that a qualification program means supervisory control and data acquisi- retary determines that such waiver is not in- is inadequate for the safe operation of a pipe- tion systems (SCADA). consistent with pipeline safety. ‘‘(5) STANDARDS.—The standards prescribed line facility, the Secretary shall act as under SEC. 11. ADDITIONAL GAS PIPELINE PROTEC- section 60108(a)(2) to require the operator to TIONS. by the Secretary under paragraph (2) shall revise the qualification program. (a) RISK ANALYSIS AND INTEGRITY MANAGE- address each of the following factors: ‘‘(4) PROGRAM MODIFICATIONS.—If the oper- MENT PROGRAMS.—Section 60109 is amended ‘‘(A) The minimum requirements described ator of a pipeline facility seeks to modify by adding at the end the following: in paragraph (3). significantly a program that has been ‘‘(c) RISK ANALYSIS AND INTEGRITY MAN- ‘‘(B) The type or frequency of inspections verified under this subsection, the operator AGEMENT PROGRAMS.— or testing of pipeline facilities, in addition shall submit the modifications to the Sec- ‘‘(1) REQUIREMENT.—Each operator of a gas to the minimum requirements of paragraph retary for review and verification. pipeline facility shall conduct an analysis of (3)(B). ‘‘(5) WAIVERS AND MODIFICATIONS.—In ac- the risks to each facility of the operator in ‘‘(C) The manner in which the inspections cordance with section 60118(c), the Secretary an area identified pursuant to subsection or testing are conducted. may waive or modify any requirement of this (a)(1), and shall adopt and implement a writ- ‘‘(D) The criteria used in analyzing results section. ten integrity management program for such of the inspections or testing. ‘‘(6) INACTION BY THE SECRETARY.—Notwith- facility to reduce the risks. ‘‘(E) The types of information sources that standing any failure of the Secretary to pre- ‘‘(2) REGULATIONS.—Not later than 18 must be integrated in assessing the integrity scribe standards and criteria as described in months after the date of the enactment of of a pipeline facility as well as the manner of subsection (b), an operator of a pipeline fa- this subsection, the Secretary shall issue integration. cility shall develop and adopt a qualification regulations prescribing standards to direct ‘‘(F) The nature and timing of actions se- program that complies with the requirement an operator’s conduct of a risk analysis and lected to address the integrity of a pipeline of subsection (b)(2)(B) and includes the ele- adoption and implementation of an integrity facility. ments described in paragraphs (1) through (3) management program under this subsection. ‘‘(G) Such other factors as the Secretary of subsection (d) not later than 2 years after The regulations shall require the conduct of determines appropriate to ensure that the the date of enactment of this section. the risk analysis and adoption of the integ- integrity of a pipeline facility is addressed ‘‘(f) COVERED TASK DEFINED.—In this sec- rity management program to occur within a and that appropriate mitigative measures tion, the term ‘covered task’— time period prescribed by the Secretary, not are adopted to protect areas identified under ‘‘(1) with respect to a gas pipeline facility, to exceed 1 year after the issuance of such subsection (a)(1). has the meaning such term has under section regulations. The Secretary may satisfy the In prescribing those standards, the Secretary 192.801 of title 49, Code of Federal Regula- requirements of this paragraph through the shall ensure that all inspections required are tions, as in effect on the date of enactment issuance of regulations under this paragraph conducted in a manner that minimizes envi- of this section; and or under other authority of law. ronmental and safety risks, and shall take

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.116 pfrm17 PsN: H23PT2 H5278 CONGRESSIONAL RECORD — HOUSE July 23, 2002 into account the applicable level of protec- quirements for the implementation of integ- tested at least once every 2 years through tion established by national consensus rity management programs contained in the the use of force-on-force exercises to deter- standards organizations. standards prescribed as described in sub- mine whether the threat factors identified in ‘‘(6) ADDITIONAL OPTIONAL STANDARDS.—The section (c)(2).’’. regulations issued under subsection (a) have Secretary may also prescribe standards re- (c) CONFORMING AMENDMENT.—Section been adequately addressed. quiring an operator of a pipeline facility to 60118(a) is amended— ‘‘(2) Facilities subject to testing under include in an integrity management program (1) by striking ‘‘and’’ at the end of para- paragraph (1) include waterfront liquefied under this subsection— graph (2); natural gas plants, capable of receiving liq- ‘‘(A) changes to valves or the establish- (2) by striking the period at the end of uefied natural gas tankers, located in or ment or modification of systems that mon- paragraph (3) and inserting ‘‘; and’’; and within 1 mile of a densely populated urban itor pressure and detect leaks based on the (3) by adding at the end the following: area, and associated support facilities and operator’s risk analysis; and ‘‘(4) conduct a risk analysis, and adopt and equipment. ‘‘(B) the use of emergency flow restricting implement an integrity management pro- ‘‘(e) REVIEW AND REVISION.—Regulations devices. gram, for pipeline facilities as required issued under subsection (a) shall be reviewed ‘‘(7) INACTION BY THE SECRETARY.—Notwith- under section 60109(c).’’. and revised as appropriate at least once standing any failure of the Secretary to pre- (d) STUDY OF REASSESSMENT INTERVALS.— every 5 years. scribe standards as described in paragraph (1) STUDY.—The Secretary of Transpor- ‘‘(f) DEFINITIONS.—For purposes of this sec- (2), an operator of a pipeline facility shall tation shall conduct a study to evaluate the tion, the term ‘densely populated urban area’ conduct a risk analysis and adopt and imple- 7-year reassessment interval required by sec- means an area with a population density of ment an integrity management program tion 60109(c)(3)(B) of title 49, United States more than 10,000 people per square mile.’’. under paragraph (1) not later than 30 months Code, as added by subsection (a) of this sec- (b) CONFORMING AMENDMENT.—The analysis after the date of the enactment of this sub- tion. for chapter 601 is amended by adding at the section. (2) REPORT.—Not later than 5 years after end the following: ‘‘(8) REVIEW OF INTEGRITY MANAGEMENT the date of the enactment of this Act, the ‘‘60131. Security of pipeline facilities.’’. PROGRAMS.— Secretary shall transmit to Congress a re- SEC. 13. NATIONAL PIPELINE MAPPING SYSTEM. ‘‘(A) REVIEW OF PROGRAMS.— port on the results of the study conducted (a) IN GENERAL.—Chapter 601 is further ‘‘(i) IN GENERAL.—The Secretary shall re- under paragraph (1). amended by adding at the end the following: view a risk analysis and integrity manage- SEC. 12. SECURITY OF PIPELINE FACILITIES. ‘‘§ 60132. National pipeline mapping system ment program under paragraph (1) and (a) IN GENERAL.—Chapter 601 is further ‘‘(a) INFORMATION TO BE PROVIDED.—Not record the results of that review for use in amended by adding at the end the following: later than 6 months after the date of enact- the next review of an operator’s program. ‘‘§ 60131. Security of pipeline facilities ment of this section, the operator of a pipe- ‘‘(ii) CONTEXT OF REVIEW.—The Secretary line facility (except distribution lines and may conduct a review under clause (i) as an ‘‘(a) RULEMAKING REQUIREMENT.—The Sec- gathering lines) shall provide to the Sec- element of the Secretary’s inspection of an retary of Transportation, not later than 60 retary of Transportation the following infor- operator. days after the date of the enactment of this mation with respect to the facility: ‘‘(iii) INADEQUATE PROGRAMS.—If the Sec- section, after consultation with any appro- ‘‘(1) Geospatial data appropriate for use in retary determines that a risk analysis or in- priate Federal, State, or nongovernmental the National Pipeline Mapping System or tegrity management program does not com- entities, shall commence a rulemaking to re- data in a format that can be readily con- ply with the requirements of this subsection quire effective security measures which the verted to geospatial data. or regulations issued as described in para- Secretary determines are necessary to be ‘‘(2) The name and address of the person graph (2), or is inadequate for the safe oper- adopted against acts of terrorism or sabo- with primary operational control to be iden- ation of a pipeline facility, the Secretary tage directed against waterfront liquefied tified as its operator for purposes of this shall act under section 60108(a)(2) to require natural gas plants, capable of receiving liq- chapter. the operator to revise the risk analysis or in- uefied natural gas tankers, located in or ‘‘(3) A means for a member of the public to tegrity management program. within 1 mile of a densely populated urban contact the operator for additional informa- ‘‘(B) AMENDMENTS TO PROGRAMS.—In order area. Within 1 year after the date of the en- tion about the pipeline facilities it operates. to facilitate reviews under this paragraph, actment of this section, the Secretary of ‘‘(b) UPDATES.—A person providing infor- an operator of a pipeline facility shall notify Transportation shall issue a final rule. ‘‘(b) FACTORS TO BE CONSIDERED.—Regula- mation under subsection (a) shall provide to the Secretary of any amendment made to the Secretary updates of the information to the operator’s integrity management pro- tions issued under subsection (a) shall take into account— reflect changes in the pipeline facility owned gram not later than 30 days after the date of or operated by the person and as otherwise adoption of the amendment. ‘‘(1) the events of September 11, 2001; ‘‘(2) the potential for attack on facilities required by the Secretary. ‘‘(C) TRANSMITTAL OF PROGRAMS TO STATE ‘‘(c) TECHNICAL ASSISTANCE TO IMPROVE by multiple coordinated teams totaling in AUTHORITIES.—The Secretary shall provide a LOCAL RESPONSE CAPABILITIES.—The Sec- the aggregate a significant number of indi- copy of each risk analysis and integrity retary may provide technical assistance to viduals; management program reviewed by the Sec- State and local officials to improve local re- ‘‘(3) the potential for assistance in an at- retary under this paragraph to any appro- sponse capabilities for pipeline emergencies tack from several persons employed at the priate State authority with which the Sec- by adapting information available through facility; retary has entered into an agreement under the National Pipeline Mapping System to ‘‘(4) the potential for suicide attacks; section 60106. software used by emergency response per- ‘‘(5) water-based and air-based threats; ‘‘(9) STATE REVIEW OF INTEGRITY MANAGE- sonnel responding to pipeline emergencies.’’. ‘‘(6) the potential use of explosive devices MENT PLANS.—A State authority that enters (b) CONFORMING AMENDMENT.—The analysis of considerable size and other modern weap- into an agreement pursuant to section 60106, for chapter 601 is amended by adding at the onry; permitting the State authority to review the end the following: ‘‘(7) the potential for attacks by persons risk analysis and integrity management pro- ‘‘60132. National pipeline mapping system.’’. gram pursuant to paragraph (8), may provide with a sophisticated knowledge of facility operations; SEC. 14. COORDINATION OF ENVIRONMENTAL the Secretary with a written assessment of REVIEWS. the risk analysis and integrity management ‘‘(8) the threat of fires and large explo- sions; and (a) IN GENERAL.—Chapter 601 is further program, make recommendations, as appro- amended by adding at the end the following: priate, to address safety concerns not ade- ‘‘(9) special threats and vulnerabilities af- ‘‘§ 60133. Coordination of environmental re- quately addressed by the operator’s risk fecting facilities located in or within 1 mile views analysis or integrity management program, of a densely populated urban area. and submit documentation explaining the ‘‘(c) REQUIREMENTS.—Regulations issued ‘‘(a) INTERAGENCY COMMITTEE.— State-proposed revisions. The Secretary under subsection (a) shall establish require- ‘‘(1) ESTABLISHMENT AND PURPOSE.—Not shall consider carefully the State’s proposals ments for waterfront liquefied natural gas later than 30 days after the date of enact- and work in consultation with the States plants, capable of receiving liquefied natural ment of this section, the President shall es- and operators to address safety concerns. gas tankers, relating to construction, oper- tablish an Interagency Committee to develop and ensure implementation of a coordinated ‘‘(10) APPLICATION OF STANDARDS.—Section ation, security procedures, and emergency 60104(b) shall not apply to this section.’’. response, and shall require conforming environmental review and permitting proc- (b) INTEGRITY MANAGEMENT REGULA- amendments to applicable standards and ess in order to enable pipeline operators to TIONS.—Section 60109 is further amended by rules. commence and complete all activities nec- adding at the end the following: ‘‘(d) OPERATIONAL SECURITY RESPONSE essary to carry out pipeline repairs within ‘‘(d) EVALUATION OF INTEGRITY MANAGE- EVALUATION.—(1) Regulations issued under any time periods specified by rule by the MENT REGULATIONS.—Not later than 5 years subsection (a) shall include the establish- Secretary. after the date of enactment of this sub- ment of policies and procedures by the Sec- ‘‘(2) MEMBERSHIP.—The Chairman of the section, the Secretary shall complete an as- retary of Transportation, which shall ensure Council on Environmental Quality (or a des- sessment and evaluation of the effects on that the operational security response of ignee of the Chairman) shall chair the Inter- public safety and the environment of the re- each facility described in paragraph (2) is agency Committee, which shall consist of

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representatives of Federal agencies with re- ‘‘(c) SAVINGS PROVISIONS; NO PREEMP- ‘‘(2) to carry out procedures to adopt a part sponsibilities relating to pipeline repair TION.—Nothing in this section shall be con- of the recommendations; or projects, including each of the following per- strued— ‘‘(3) to refuse to carry out procedures to sons (or a designee thereof): ‘‘(1) to require a pipeline operator to ob- adopt the recommendations. ‘‘(A) The Secretary of Transportation. tain a Federal permit, if no Federal permit ‘‘(b) TIMETABLE FOR COMPLETING PROCE- ‘‘(B) The Administrator of the Environ- would otherwise have been required under DURES AND REASONS FOR REFUSALS.—A re- mental Protection Agency. Federal law; or sponse under subsection (a)(1) or (2) shall in- ‘‘(C) The Director of the United States ‘‘(2) to preempt applicable Federal, State, clude a copy of a proposed timetable for Fish and Wildlife Service. or local environmental law. completing the procedures. A response under ‘‘(D) The Assistant Administrator for Fish- ‘‘(d) INTERIM OPERATIONAL ALTER- subsection (a)(2) shall detail the reasons for eries of the National Oceanic and Atmos- NATIVES.— the refusal to carry out procedures on the re- pheric Administration. ‘‘(1) IN GENERAL.—Not later than 30 days mainder of the recommendations. A response ‘‘(E) The Director of the Bureau of Land after the date of enactment of this section, under subsection (a)(3) shall detail the rea- Management. and subject to the limitations in paragraph sons for the refusal to carry out procedures ‘‘(F) The Director of the Minerals Manage- (2), the Secretary of Transportation shall re- to adopt the recommendations. ment Service. vise the regulations of the Department, to ‘‘(c) PUBLIC AVAILABILITY.—The Office ‘‘(G) The Assistant Secretary of the Army the extent necessary, to permit a pipeline shall make a copy of each recommendation for Civil Works. operator subject to time periods for repair and response available to the public, includ- ‘‘(H) The Chairman of the Federal Energy specified by rule by the Secretary to imple- ing in electronic form. Regulatory Commission. ment alternative mitigation measures until ‘‘(d) REPORTS TO CONGRESS.—The Office ‘‘(3) EVALUATION.—The Interagency Com- all applicable permits have been granted. shall submit to Congress on January 1 of mittee shall evaluate Federal permitting re- ‘‘(2) LIMITATIONS.—The regulations issued each year a report describing each rec- quirements to which access, excavation, and by the Secretary pursuant to this subsection ommendation on pipeline safety made by the restoration activities in connection with shall not allow an operator to implement al- National Transportation Safety Board to the pipeline repairs described in paragraph (1) ternative mitigation measures pursuant to Office during the prior year and the Office’s may be subject. As part of its evaluation, the paragraph (1) unless— response to each recommendation.’’. Interagency Committee shall examine the ‘‘(A) allowing the operator to implement (b) CONFORMING AMENDMENT.—The analysis access, excavation, and restoration practices such measures would be consistent with the for chapter 601 is amended by adding at the of the pipeline industry in connection with protection of human health, public safety, end the following: such pipeline repairs, and may develop a and the environment; ‘‘60134. Recommendations and responses.’’. compendium of best practices used by the in- ‘‘(B) the operator, with respect to a par- SEC. 17. MISCELLANEOUS AMENDMENTS. dustry to access, excavate, and restore the ticular repair project, has applied for and is (a) PROTECTION OF PUBLIC HEALTH, WEL- site of a pipeline repair. pursuing diligently and in good faith all re- FARE, AND THE ENVIRONMENT.—Section ‘‘(4) MEMORANDUM OF UNDERSTANDING.— quired Federal, State, and local permits to 60102(a)(1) is amended by inserting ‘‘in order Based upon the evaluation required under carry out the project; and to protect public health and welfare and the paragraph (3) and not later than 1 year after ‘‘(C) the proposed alternative mitigation environment from reasonably anticipated the date of enactment of this section, the measures are not incompatible with pipeline threats that could be posed by such transpor- members of the Interagency Committee shall safety. tation and facilities’’ after ‘‘and for pipeline enter into a memorandum of understanding ‘‘(e) OMBUDSMAN.—The Secretary shall des- facilities’’. ignate an ombudsman to assist in expediting to provide for a coordinated and expedited (b) CONFLICTS OF INTEREST.—Section pipeline repairs and resolving disagreements pipeline repair permit review process to 60115(b)(4) is amended by adding at the end between Federal, State, and local permitting carry out the purpose set forth in paragraph the following new subparagraph: agencies and the pipeline operator during (1). The Interagency Committee shall include ‘‘(D) None of the individuals selected for a agency review of any pipeline repair activ- committee under paragraph (3)(C) may have provisions in the memorandum of under- ity, consistent with protection of human a significant financial interest in the pipe- standing identifying those repairs or cat- health, public safety, and the environment. line, petroleum, or gas industry.’’. egories of repairs described in paragraph (1) ‘‘(f) STATE AND LOCAL PERMITTING PROC- for which the best practices identified under ESSES.—The Secretary shall encourage SEC. 18. TECHNICAL AMENDMENTS. paragraph (3), when properly employed by a States and local governments to consolidate Chapter 601 is amended— pipeline operator, would result in no more their respective permitting processes for (1) in section 60102(a)— than minimal adverse effects on the environ- pipeline repair projects subject to any time (A) by striking ‘‘(a)(1)’’ and all that follows ment and for which discretionary adminis- periods for repair specified by rule by the through ‘‘The Secretary of Transportation’’ trative reviews may therefore be minimized Secretary. The Secretary may request other and inserting the following: or eliminated. With respect to pipeline re- relevant Federal agencies to provide tech- ‘‘(a) MINIMUM SAFETY STANDARDS.— pairs described in paragraph (1) to which the nical assistance to States and local govern- ‘‘(1) IN GENERAL.—The Secretary of Trans- preceding sentence would not be applicable, ments for the purpose of encouraging such portation’’; the Interagency Committee shall include consolidation.’’. (B) by moving the remainder of the text of provisions to enable pipeline operators to (b) CONFORMING AMENDMENT.—The analysis paragraph (1), including subparagraphs (A) commence and complete all activities nec- for chapter 601 is amended by adding at the and (B) but excluding subparagraph (C), 2 essary to carry out pipeline repairs within end the following: ems to the right; and any time periods specified by rule by the ‘‘60133. Coordination of environmental re- (C) in paragraph (2) by inserting ‘‘QUALI- Secretary. The Interagency Committee shall views.’’. FICATIONS OF PIPELINE OPERATORS.—’’ before include in the memorandum of under- SEC. 15. NATIONWIDE TOLL-FREE NUMBER SYS- ‘‘The qualifications’’; standing criteria under which permits re- TEM. (2) in section 60110(b) by striking ‘‘cir- quired for such pipeline repair activities Within 1 year after the date of the enact- cumstances’’ and all that follows through should be prioritized over other less urgent ment of this Act, the Secretary of Transpor- ‘‘operator’’ and inserting the following: ‘‘cir- agency permit application reviews. The tation shall, in conjunction with the Federal cumstances, if any, under which an oper- Interagency Committee shall not enter into Communications Commission, facility opera- ator’’; a memorandum of understanding under this tors, excavators, and one-call notification (3) in section 60114 by redesignating subparagraph except by unanimous agreement system operators, provide for the establish- section (d) as subsection (c); of the members of the Interagency Com- ment of a 3-digit nationwide toll-free tele- (4) in section 60122(a)(1) by striking ‘‘sec- mittee. phone number system to be used by State tion 60114(c)’’ and inserting ‘‘section ‘‘(5) STATE AND LOCAL CONSULTATION.—In one-call notification systems. 60114(b)’’; and carrying out this subsection, the Inter- SEC. 16. RECOMMENDATIONS AND RESPONSES. (5) in section 60123(a) by striking ‘‘60114(c)’’ agency Committee shall consult with appro- (a) IN GENERAL.—Chapter 601 is amended and inserting ‘‘60114(b)’’. priate State and local environmental, pipe- by adding at the end the following: SEC. 19. AUTHORIZATION OF APPROPRIATIONS. line safety, and emergency response officials, ‘‘§ 60134. Recommendations and responses (a) GAS AND HAZARDOUS LIQUID.—Section and such other officials as the Interagency ‘‘(a) RESPONSE REQUIREMENT.—Whenever 60125(a) is amended to read as follows: Committee considers appropriate. the Office of Pipeline Safety has received ‘‘(a) GAS AND HAZARDOUS LIQUID.—To carry ‘‘(b) IMPLEMENTATION.—Not later than 180 recommendations from the National Trans- out this chapter (except for section 60107) re- days after the completion of the memo- portation Safety Board regarding pipeline lated to gas and hazardous liquid, the fol- safety, it shall submit a formal written re- lowing amounts are authorized to be appro- randum of understanding required under sub- sponse to each such recommendation within priated to the Department of Transpor- section (a)(4), each agency represented on 90 days after receiving the recommendation. tation: the Interagency Committee shall revise its The response shall indicate whether the Of- ‘‘(1) $45,800,000 for fiscal year 2003, of which regulations as necessary to implement the fice intends— $31,900,000 is to be derived from user fees for provisions of the memorandum of under- ‘‘(1) to carry out procedures to adopt the fiscal year 2003 collected under section 60301 standing. complete recommendations; of this title.

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‘‘(2) $46,800,000 for fiscal year 2004, of which Act, the Secretary shall complete the study ‘‘(e) ENDING AGREEMENTS.— $35,700,000 is to be derived from user fees for and transmit to Congress a report detailing ‘‘(1) PERMISSIVE TERMINATION.—The Sec- fiscal year 2004 collected under section 60301 the results of the study. retary may end an agreement under this sec- of this title. SEC. 22. STATE OVERSIGHT ROLE. tion when the Secretary finds that the State ‘‘(3) $47,100,000 for fiscal year 2005, of which (a) STATE AGREEMENTS WITH CERTIFI- authority has not complied with any provi- $41,100,000 is to be derived from user fees for CATION.—Section 60106 is amended— sion of the agreement. fiscal year 2005 collected under section 60301 (1) in subsection (a) by striking ‘‘GENERAL ‘‘(2) MANDATORY TERMINATION OF AGREE- of this title. AUTHORITY.—’’ and inserting ‘‘AGREEMENTS MENT.—The Secretary shall end an agree- ‘‘(4) $50,000,000 for fiscal year 2006, of which WITHOUT CERTIFICATION.—’’; ment for the oversight of interstate pipeline $45,000,000 is to be derived from user fees for (2) by redesignating subsections (b), (c), transportation if the Secretary finds that— fiscal year 2006 collected under section 60301 and (d) as subsections (c), (d), and (e), respec- ‘‘(A) implementation of such agreement of this title.’’. tively; and has resulted in a gap in the oversight respon- (b) STATE GRANTS.—Section 60125 is amend- (3) by inserting after subsection (a) the fol- sibilities of intrastate pipeline transpor- ed— lowing: tation by the State authority; (1) by striking subsections (b), (d), and (f) ‘‘(b) AGREEMENTS WITH CERTIFICATION.— ‘‘(B) the State actions under the agree- and redesignating subsections (c) and (e) as ‘‘(1) IN GENERAL.—If the Secretary accepts ment have failed to meet the requirements subsections (b) and (c), respectively; and a certification under section 60105 and makes under subsection (b); or (2) in subsection (b)(1) (as so redesignated) the determination required under this sub- ‘‘(C) continued participation by the State by striking subparagraphs (A) through (H) section, the Secretary may make an agree- authority in the oversight of interstate pipe- and inserting the following: ment with a State authority authorizing it line transportation would not promote pipe- ‘‘(A) $19,800,000 for fiscal year 2003, of which to participate in the oversight of interstate line safety. $14,800,000 is to be derived from user fees for pipeline transportation. Each such agree- ‘‘(3) PROCEDURAL REQUIREMENTS.—The Sec- fiscal year 2003 collected under section 60301 ment shall include a plan for the State au- retary shall give notice and an opportunity of this title. thority to participate in special investiga- for a hearing to a State authority before ‘‘(B) $21,700,000 for fiscal year 2004, of which tions involving incidents or new construc- ending an agreement under this section. The $16,700,000 is to be derived from user fees for tion and allow the State authority to par- Secretary may provide a State an oppor- fiscal year 2004 collected under section 60301 ticipate in other activities overseeing inter- tunity to correct any deficiencies before end- of this title. state pipeline transportation or to assume ing an agreement. The finding and decision ‘‘(C) $24,600,000 for fiscal year 2005, of which additional inspection or investigatory du- to end the agreement shall be published in $19,600,000 is to be derived from user fees for ties. Nothing in this section modifies section the Federal Register and may not become ef- fiscal year 2005 collected under section 60301 60104(c) or authorizes the Secretary to dele- fective for at least 15 days after the date of of this title. gate the enforcement of safety standards publication unless the Secretary finds that prescribed under this chapter to a State au- ‘‘(D) $26,500,000 for fiscal year 2006, of which continuation of an agreement poses an immi- thority. $21,500,000 is to be derived from user fees for nent hazard.’’. ‘‘(2) DETERMINATIONS REQUIRED.—The Sec- fiscal year 2006 collected under section 60301 (c) SECRETARY’S RESPONSE TO STATE NO- retary may not enter into an agreement of this title.’’. TICES OF VIOLATIONS.—Subsection (c) of sec- under this subsection, unless the Secretary (c) EMERGENCY RESPONSE GRANTS.—Section tion 60106 (as redesignated by subsection determines in writing that— 60125 is amended by adding after subsection (a)(2) of this section) is amended— ‘‘(A) the agreement allowing participation (c) (as redesignated by subsection (b)(1) of (1) by striking ‘‘Each agreement’’ and in- of the State authority is consistent with the this section) the following: serting the following: Secretary’s program for inspection and con- ‘‘(d) EMERGENCY RESPONSE GRANTS.— ‘‘(1) IN GENERAL.—Each agreement’’; sistent with the safety policies and provi- ‘‘(1) IN GENERAL.—The Secretary may es- (2) by adding at the end the following: sions provided under this chapter; tablish a program for making grants to ‘‘(2) RESPONSE BY SECRETARY.—If a State ‘‘(B) the interstate participation agree- State, county, and local governments in high authority notifies the Secretary under para- ment would not adversely affect the over- consequence areas, as defined by the Sec- graph (1) of a violation or probable violation sight responsibilities of intrastate pipeline retary, for emergency response management, of an applicable safety standard, the Sec- transportation by the State authority; training, and technical assistance. retary, not later than 60 days after the date ‘‘(C) the State is carrying out a program ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— of receipt of the notification, shall— demonstrated to promote preparedness and There are authorized to be appropriated ‘‘(A) issue an order under section 60118(b) risk prevention activities that enable com- $6,000,000 for each of fiscal years 2003, 2004, or take other appropriate enforcement ac- munities to live safely with pipelines; and 2005 to carry out this subsection.’’. tions to ensure compliance with this chap- ‘‘(D) the State meets the minimum stand- (d) CONFORMING AMENDMENT.—Section ter; or 60125(c) (as redesignated by subsection (b)(1) ards for State one-call notification set forth ‘‘(B) provide the State authority with a of this section) is amended by striking ‘‘or in chapter 61; and written explanation as to why the Secretary (b) of this section’’. ‘‘(E) the actions planned under the agree- has determined not to take such actions.’’; ment would not impede interstate commerce SEC. 20. INSPECTIONS BY DIRECT ASSESSMENT. and or jeopardize public safety. Section 60102, as amended by this Act, is (3) by aligning the text of paragraph (1) (as ‘‘(3) EXISTING AGREEMENTS.—If requested further amended by adding at the end the designated by this subsection) with para- following new subsection: by the State authority, the Secretary shall graph (2) (as added by this subsection). ‘‘(m) INSPECTIONS BY DIRECT ASSESSMENT.— authorize a State authority which had an Not later than 1 year after the date of the interstate agreement in effect after January The SPEAKER pro tempore. Pursu- enactment of this subsection, the Secretary 31, 1999, to oversee interstate pipeline trans- ant to the rule, the gentleman from shall issue regulations prescribing standards portation pursuant to the terms of that Alaska (Mr. YOUNG) and the gentleman for inspection of a pipeline facility by direct agreement until the Secretary determines from Minnesota (Mr. OBERSTAR) each assessment.’’. that the State meets the requirements of will control 20 minutes. SEC. 21. PIPELINE BRIDGE RISK STUDY. paragraph (2) and executes a new agreement, The Chair recognizes the gentleman (a) INITIATION.—Within 90 days after the or until December 31, 2003, whichever is soon- from Alaska (Mr. YOUNG). date of enactment of this Act, the Secretary er. Nothing in this paragraph shall prevent of Transportation shall initiate a study to the Secretary, after affording the State no- GENERAL LEAVE determine whether cable-suspension pipeline tice, hearing, and an opportunity to correct Mr. YOUNG of Alaska. Mr. Speaker, I bridges pose structural or other risks war- any alleged deficiencies, from terminating ask unanimous consent that all Mem- ranting particularized attention in connec- an agreement that was in effect before enact- bers may have 5 legislative days within tion with pipeline operators risk assessment ment of the Pipeline Infrastructure Protec- which to revise and extend their re- programs and whether particularized inspection to Enhance Security and Safety Act if— marks and include extraneous material tion standards need to be developed by the ‘‘(A) the State authority fails to comply on the subject matter of this bill, H.R. Department of Transportation to recognize with the terms of the agreement; the peculiar risks posed by such bridges. ‘‘(B) implementation of the agreement has 3609. (b) PUBLIC PARTICIPATION AND COMMENTS.— resulted in a gap in the oversight respon- The SPEAKER pro tempore. Is there In conducting the study, the Secretary shall sibilities of intrastate pipeline transpor- objection to the request of the gen- provide, to the maximum extent practicable, tation by the State authority; or tleman from Alaska? for public participation and comment and ‘‘(C) continued participation by the State There was no objection. shall solicit views and comments from the authority in the oversight of interstate pipe- Mr. YOUNG of Alaska. Mr. Speaker, I public and interested persons, including par- line transportation has had an adverse im- yield myself such time as I may con- ticipants in the pipeline industry with pact on pipeline safety.’’. sume. knowledge and experience in inspection of (b) ENDING AGREEMENTS.—Subsection (e) of pipeline facilities. section 60106 (as redesignated by subsection (Mr. YOUNG of Alaska asked and was (c) COMPLETION AND REPORT.—Within 2 (a)(2) of this section) is amended to read as given permission to revise and extend years after the date of enactment of this follows: his remarks.)

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.116 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5281 Mr. YOUNG of Alaska. Mr. Speaker, necessary training. It did not have fact that we have reached agreement first, I would like to thank the gen- funding for assistance to groups of con- on that issue is significant in moving tleman from Minnesota (Mr. OBERSTAR) cerned citizens who had played an im- this legislation forward. For that, I ex- for his cooperation in reaching this portant role in pipeline safety, some- press my great appreciation to the compromise on H.R. 3609, the Pipeline thing I have come to appreciate over chairman of our committee, the gen- Infrastructure Protection and En- the years, and unprecedented authority tleman from Alaska; and to the chair- hancement Security and Safety Act. I for the Department of Transportation man of the Committee on Energy and also would like to thank my good to terminate jurisdiction of agencies Commerce, the gentleman from Lou- friend and hunting partner, the gen- with environmental responsibilities for isiana; and also the gentleman from tleman from Louisiana (Mr. TAUZIN), pipelines. Those were widely discussed Michigan, the ranking member on that and the gentleman from Michigan (Mr. issues and widely reported in news re- committee. DINGELL) for their hard work in ports on this legislation. Two years ago, Mr. Speaker, we de- crafting a bill that both our commit- I think that the bill we have before feated a weak bill, believing that no tees can agree to. us now adequately addresses those bill was better than a weak bill. It was H.R. 3609 improves safety and pro- problems, and I can support this legis- the right thing to do then. Today’s ac- tects workers and residents who live lation in partnership with the gen- tion proves that we were right. With near pipelines. H.R. 3609 will strength- tleman from Alaska and the gentleman time, with effort, with imagination, en the training procedures of pipeline from Louisiana and the gentleman with good will to achieve a good result, workers, and implement a tough in- from Michigan and the gentleman from we could do better. And today we do spection and rigorous inspection sched- Virginia. better. ule of pipelines. The bill requires that all natural gas Mr. Speaker, I reserve the balance of The bill will improve the permitting transmission pipelines serving high- my time. procedures that allow operators to consequence areas be inspected within b 1830 make the repairs that will be required 10 years and reinspected no later than under rules currently being developed every 7 years thereafter. It requires Mr. YOUNG of Alaska. Mr. Speaker, I at the Department of Transportation. pipeline operators to provide training do agree with the gentleman’s words The bill will improve the enforce- to ensure that individuals have the and I insert into the RECORD at this ment of statutes and regulations that necessary knowledge and skills to do point an exchange of letters between cover pipeline and operators at facili- their tasks in a safe manner. It makes myself and the gentleman from New ties. clear that it is not enough to rely on York (Mr. BOEHLERT) regarding H.R. Mr. Speaker, this is a good piece of observing an employee’s on-the-job 3609. legislation, and I urge my colleagues to performance to determine if he or she HOUSE OF REPRESENTATIVES, COM- support the legislation. is qualified. MITTEE ON TRANSPORTATION AND Mr. Speaker, I reserve the balance of INFRASTRUCTURE, I have been to pipeline operational Washington, DC, July 23, 2002. my time. facilities to observe these cir- Hon. SHERWOOD L. BOEHLERT, Mr. OBERSTAR. Mr. Speaker, I yield cumstances firsthand. I am quite con- Chairman, Committee on Science, Rayburn myself 51⁄2 minutes. vinced that the language we have now Building, Washington, DC. Today, we are finally going to be able is going to address that issue. DEAR MR. CHAIRMAN: Thank you for your to vote on pipeline safety legislation The bill includes a pilot program to letter of July 23, 2002, regarding H.R. 3609, worthy of the name. It is regrettable it determine whether persons operating the Pipeline Infrastructure Protection to En- has taken us 3 years to get here, but computer-based systems for control- hance Safety and Security Act, and for your the bill before the House is a good bill. willingness to waive consideration of provi- ling pipelines should be certified. It sions in the bill that fall within your Com- It is the result of long, intense, con- raises civil penalties for violations mittee’s jurisdiction under House Rules. structive negotiations among the par- from $25,000 to $100,000, and the max- I agree that your waiving consideration of ties to this process, including our Re- imum civil penalty from $500,000 to $1 section 9 of H.R. 3609 does not waive your publican leadership on our committee, million. Committee’s jurisdiction over the bill. I also the gentleman from Alaska (Mr. The bill allows the Secretary of acknowledge your right to seek conferees on YOUNG), and his staff, the gentleman Transportation to ask the Attorney any provisions that are under your Commit- from Louisiana (Mr. TAUZIN) and his General to bring civil actions in Fed- tee’s jurisdiction during any House-Senate staff, the gentleman from Michigan eral District Court to enforce pipeline conference on H.R. 3609 or similar legislation, and will support your request for con- (Mr. DINGELL) and his staff, rep- safety regulations. It has a program of ferees on such provisions. resented here today by the gentleman grants for local organizations to obtain As you request, your letter and this re- from Virginia (Mr. BOUCHER). technical assistance to participate ef- sponse will be included in the Congressional This is a compromise in the best fectively in pipeline safety proceedings Record during consideration on the House sense of that word. We have all yielded and limitations on those groups Floor. some and accepted some. It is one that against lobbying, against political ac- Thank you for your cooperation in moving will promote pipeline safety and legis- tivities with these funds. this important legislation. lation that should be widely supported. The bill requires an interagency com- Sincerely, DON YOUNG, We were very far apart at the outset of mittee to coordinate environmental re- Chairman. this process. I had serious reservations views, chaired by the chairman of the about the bill, H.R. 3609, as introduced, Council on Environmental Quality and HOUSE OF REPRESENTATIVES, because I believed very strongly that consisting of Federal environmental COMMITTEE ON SCIENCE, the introduced bill failed to respond permitting agencies to develop a Washington, DC, July 23, 2002. adequately to a number of important memorandum of understanding to co- Hon. DON YOUNG, safety concerns, many of which date ordinate environmental reviews for Chairman, Committee on Transportation and back to the mid-1980s when I chaired pipeline repair projects. It ensures that Infrastructure, House of Representatives, Washington, DC. the Subcommittee on Oversight and In- this coordination process will respect DEAR MR. CHAIRMAN: The Committee on vestigations and held hearings on pipe- existing environmental laws. It will ad- Transportation and Infrastructure has had line safety in the aftermath of several dress the appropriate roles of the per- under consideration H.R. 3609, the Pipeline tragedies throughout the United mitting agencies and respect those Infrastructure Protection to Enhance Secu- States, including one very serious fatal roles. The bill requires the affected rity and Safety Act. Section 9 of that bill pipeline blast in Minnesota that killed agencies to reach union agreement on falls under the jurisdiction of the Committee people in the northern suburbs of the the memorandum, and specifically on Science. Twin Cities. states that the provision does not pre- By waiving consideration of H.R. 3609 the Committee on Science does not waive any of The introduced bill, in my view, did empt any Federal, State, or local envi- its jurisdictional rights and prerogatives. little to ensure that pipeline employees ronmental law. I ask that you would support our request with safety responsibilities would be That is a critical issue. It has taken for conferees on H.R. 3609 or similar legisla- qualified or that they would get the a long time to get to that point. The tion if a conference should be convened with

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.175 pfrm17 PsN: H23PT2 H5282 CONGRESSIONAL RECORD — HOUSE July 23, 2002 the Senate. I also ask that our exchange of pute between the House and Senate, following 7 years. The measure will letters be included in the Congressional getting an agreement on pipeline safe- also require operators to develop and Record. ty will be one of the first orders of implement written programs to ensure I look forward to working with you on this and other important pieces of legislation. business that we will take up this that all individual pipeline operators Sincerely, Thursday when the conference meets. are qualified to perform their jobs and SHERWOOD BOEHLERT, So again I want to thank all the will establish a pilot program within Chairman. chairmen and ranking members, and I the Department of Transportation for Mr. Speaker, I yield whatever time lastly want to pay particular thanks the certification of pipeline employees. he may consume to the gentleman and attention to the chairman of the In addition, the measure establishes from Louisiana (Mr. TAUZIN), chairman subcommittee and the gentleman from a technical assistance grant program of the very powerful Committee on En- Virginia (Mr. BOUCHER) for doing such to enhance the knowledge of individ- ergy and Commerce, a good friend. a great job at the subcommittee level uals who reside or conduct businesses Mr. TAUZIN. Mr. Speaker, I cer- of the Committee on Energy and Com- in the general vicinity of pipelines. tainly want to thank the gentleman merce in producing this bill. We some- We worked very closely with the gen- from Alaska (Mr. YOUNG), my friend times forget how important the work tleman from Alaska (Chairman YOUNG) and the chairman of the tremendously of our subcommittees is in framing a of the Committee on Transportation important Committee on Transpor- bill that we can together work out in and Infrastructure to ensure that the tation and Infrastructure, whom we all final detail for the floor, and the gen- establishment of these grants is per- depend upon for our transportation tleman from Texas (Chairman BARTON) formed in such a way as to accommo- needs and whom I consider my dearest and the gentleman from Virginia (Mr. date the concern of all stakeholders. In friend, whenever I have those needs in BOUCHER) as in their usual fashion have addition, the measure will improve the particular. I do want to seriously worked in extraordinarily close fashion Office of Pipeline Safety’s ability to thank the gentleman from Alaska (Mr. to make sure we have that opportunity enforce safety laws by increasing the YOUNG) for the extraordinary degree of at the Committee on Energy and Com- cap on penalties. The bill will also im- cooperation between his committee merce level. And again I want to thank prove existing one-call notification and his staff and the staff of the Com- them for their hard work and the work programs and develop a national pipe- mittee on Energy and Commerce, as of the staffs that went behind it. Again line mapping system. These are all well as the staffs of the gentleman this is a good day for both our commit- very helpful steps that, taken together, from Minnesota (Mr. OBERSTAR) and tees. I commend this legislation to the will ensure greater pipeline safety for the gentleman from Michigan (Mr. DIN- House floor. GELL), representing the minority of our Mr. OBERSTAR. Mr. Speaker, I yield the Nation going forward. two committees for the extraordinary 3 minutes to the gentleman from Vir- I again want to commend all of the work that has been done on this bill. ginia (Mr. BOUCHER) representing the Members who on a bipartisan basis This is not just a multi-year bill, this Democrats on the Committee on En- have worked diligently to achieve the is a multi-Congress bill. This has been ergy and Commerce. consensus that has embodied this a work in progress for years through (Mr. BOUCHER asked and was given measure. And, Mr. Speaker, it is my several Congresses, and we have permission to revise and extend his re- pleasure to urge approval of this bill by reached the point today where we now marks.) the House. I thank the gentleman from have concurrence not only between our Mr. BOUCHER. Mr. Speaker, I thank Minnesota. two committees but in a bipartisan the gentleman from Minnesota (Mr. Mr. YOUNG of Alaska. Mr. Speaker, I fashion we can bring pipeline safety to OBERSTAR) for yielding me this time. yield 5 minutes to the gentleman from the floor for a vote, and most impor- Mr. Speaker, I am pleased to rise in Texas (Mr. BARTON), one of the great tantly we can bring it to the floor for support of H.R. 3609 and to urge its ap- subcommittee chairmen of the Com- a vote with the support of the Office of proval by the House. The pipeline safe- mittee on Energy and Commerce. ty measure now before the House re- Pipeline Safety, with the pipeline in- (Mr. BARTON of Texas asked and sults from bipartisan discussions industry itself, with the support of the was given permission to revise and ex- volving two committees and I want to environmental community and the sup- tend his remarks.) port of organized labor. This is a bill commend the gentleman from Lou- literally that meets all those tests si- isiana (Chairman TAUZIN) of our full Mr. BARTON of Texas. Mr. Speaker, multaneously and it is a great example Committee on Energy and Commerce; I also want to rise in strong support of of the way this House can work the gentleman from Michigan (Mr. DIN- H.R. 3609, the Pipeline Infrastructure through our committee system to- GELL), ranking committee member; the Protection to Enhance Security and gether in a bipartisan fashion to do the gentleman from Texas (Mr. BARTON), Safety Act. It is comprehensive, bipar- right thing for our country. the chairman of the Subcommittee on tisan, multi-committee, and widely It also addresses, by the way, State Energy and Air Quality, with whom I supported. It will reauthorize our pipe- participation in the pipeline safety reg- have been pleased to cooperate on this line safety laws through 2006 which, in ulatory regime, again recognizing the measure; and the gentleman from Alas- my opinion, is a tremendous accom- dual role in the Federal and the State ka (Chairman YOUNG) and the gen- plishment. governments in protecting our citizens tleman from Minnesota (Mr. OBERSTAR) I want to add my commendations to in terms of pipeline safety, and, per- of the Committee on Transportation my full committee chairman, the gen- haps most importantly, this bill be- and Infrastructure for all of the efforts tleman from Louisiana (Mr. TAUZIN), comes the House position on pipeline of these Members in achieving the con- and the ranking member, the gen- safety as we are now engaged in the sensus measure that is before the tleman from Michigan (Mr. DINGELL). I Conference on Energy with the Senate House today. compliment the gentleman from Alas- where we hope to produce a comprehen- The authorization for appropriations ka (Mr. YOUNG), the chairman of the sive energy package for the House and for the Federal pipeline safety program Committee on Transportation and In- Senate to vote on sometime before we expired during the year 2000. The bill frastructure, along with the gentleman leave session in October. which we are considering today will from Minnesota (Mr. OBERSTAR). I This bipartisan position that is now take the necessary steps to reauthorize would also thank the subcommittee supported, I hope, by this whole House the program. The measure makes a chairman, the gentleman from Wis- will be the frame by which the House number of improvements to existing consin (Mr. PETRI), the gentleman from makes an offer to the Senate now and pipeline safety requirements. It will di- Pennsylvania (Mr. BORSKI), the rank- hopefully resolves this issue in the con- rect the Department of Transportation ing member, and the gentleman from text of the much larger energy bill. to promulgate a rule requiring opera- Virginia (Mr. BOUCHER), the ranking And I want to thank my friends from tors to develop integrity management member on my subcommittee. We all both sides of the aisle for making that plans which will include a pipeline worked very hard to make it possible possible. As we move toward consider- safety inspection within 10 years of en- to come out and pat each other on the ation of the most serious issues in dis- actment and a reinspection within the back this evening.

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.128 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5283 The bill before us is an agreement their homes, schools and communities b 1845 that we have worked on in both com- are sitting on top of millions of miles We have worked on this bill ever mittees. Both of our committees re- of pipelines. With this bill, Congress since. Three years of work to put to- ported a pipeline safety bill earlier this seeks to ensure that proper regulations gether a bill that would be appropriate, year. It has a new landmark section on are backed up by strong enforcement a bill where we could release some in- integrity management for natural gas policies to ensure their safety. formation but be very aware that if transmission lines. It has a baseline in- Despite the Office of Pipeline Safety terrorists are looking for a way to en- tegrity assessment of 7 years and peri- requests for mapping information more danger our communities, we have to be odic reinspections every 10 years. We than 3 years ago, and the importance of somewhat careful on how we phrase the have a tough but very manageable re- a national repository of pipeline maps public information portion of this. quirement for pipeline infrastructure. for national security purposes, hun- I want to summarize a few of the ele- This balance requirement, in my opin- dreds of operators have not submitted ments that are in this legislation that ion, appears to be a much more appro- the requested maps. Under the bill, make it much better than anything we priate inspection regime than is cur- OPS will finally have the maps of pipe- have ever had before in protecting our rently in the bill which passed the line systems it needs to regulate effec- neighbors and our neighborhoods from other body. tively. any explosion or any kind of emission The pipeline infrastructure for deliv- Furthermore, the compromise legis- of toxic substances into the environ- ering natural gas and liquid petroleum lation includes important employee ment. is more important than ever for our training provisions and whistleblower The legislation tonight talks about great Nation. The demand for natural protections. Those on the front lines inspection of gas pipelines every 5 gas and gasoline will likely continue to must feel free to inform the proper au- years. It will be mandated. There is rise, and our pipelines will have a more thorities if there is a safety or security flexibility left so that we can do it in and more important role each day in risk not being addressed. Also included the proper way, so it will not be a huge supplying those commodities. Pipeline is funding for grants to community new expense to the companies but will transportation is among the cheapest groups to allow them to obtain tech- also perform the program that we are and safest methods of transport. We nical expertise for participation in interested in, which is to make sure need to make sure that our pipelines pipeline regulatory proceedings. those pipelines are not corroded, are are safe and managed well. We also The House will finally be on record not broken, and will not result in a want States and our local communities endorsing real pipeline safety legisla- horrible explosion like the one that the to be comfortable that future pipelines tion, requiring pipeline operators to parents of those children in Bellingham which will be needed are good things adopt integrity management programs had to live with 3 years ago. for their region, and that they are op- with periodic inspections. Enron has It also establishes a program to cer- erated as safely as possible. shown us that we cannot put our faith tify that critical pipeline employees Today’s agreement includes changes in the industry to do the thing. are qualified to do their jobs. This has to the one-call notification programs, a We cannot afford to lose any more never been required before, Mr. Speak- new national toll-free number sug- lives, Mr. Speaker. In the face of poten- er. I think this bill puts out there in gested by the gentleman from Lou- tially severe consequences, symbolic print what we expect from the compa- isiana (Mr. JOHN), a member of my sub- legislation cannot suffice. This is our nies who are engaged in operating pipe- committee. It has an important integ- opportunity to fix a broken system. lines. It also increases penalties for rity research and development program Mr. Speaker, I am confident that we pipeline safety violations. Why is this which was authored by the gentleman are doing the right thing by passing important? It is important, Mr. Speak- from Texas (Mr. HALL) who is also the strong pipeline legislation today. er, because we want those companies to ranking member of the Committee on Mr. YOUNG of Alaska. Mr. Speaker, I take very seriously the requirements Science. It includes important coordi- yield 5 minutes to the gentlewoman we have handed to them. Sometimes nation of environmental reviews by from Washington (Ms. DUNN). money tells the story. To penalize Federal agencies to streamline the Ms. DUNN. Mr. Speaker, I thank the them in a monetary way we think is process for permitting repairs. gentleman for yielding me this time. very important. It also provides for in- Finally, I commend all of the staffs Mr. Speaker, I think special kudos creased State oversight of pipelines. for their hard work on this bill, espe- should go to the gentleman from Alas- We want the States involved. We would cially from our committee, Bill Cooper ka (Mr. YOUNG) and the gentleman like to have community advisory and Andy Black of the majority, and from Louisiana (Mr. TAUZIN) because boards. We are going to increase the Rick Kessler of the minority for their they put so much leadership and com- amount of personal activity done to hard work. The bill is supported by en- mitment into bringing this bill to the keep these pipelines safe by allowing vironmental groups, labor groups and floor. This debate has gone on for a the communities and the neighbors to industry associations and many local long time. The first bill that we voted advise the companies that come up community groups. It has the support on during this debate was 2 years ago, with good ideas that we may have of the majority and the minority of and we could not get the votes then. missed, that might have fallen through every committee involved in the dis- We have worked on this bill consist- the cracks on this legislation. cussions. I hope that we will pass this ently with the help of a lot of our I think it is also very important that by unanimous consent in the very near neighbors in Washington State and a communities be given access to infor- future. lot of members from the Committee on mation about the pipelines that run Mr. OBERSTAR. Mr. Speaker, I yield Transportation and Infrastructure. I underneath their schools, underneath 2 minutes to the gentleman from New commend the gentleman from Lou- their homes, underneath their neigh- Jersey (Mr. PASCRELL). isiana (Mr. TAUZIN) and the gentleman borhoods. Everybody in the process Mr. PASCRELL. Mr. Speaker, I from Alaska (Mr. YOUNG) for putting agrees that this information ought to would like to begin by complimenting together a good bill. be out there. We have not yet agreed the work of the gentleman from Min- In Washington State 3 years ago, how this information should be avail- nesota (Mr. OBERSTAR) and the gen- there was a pipeline explosion in the able. I hope this information can be ad- tleman from Michigan (Mr. DINGELL), area of Bellingham. It is the area that dressed as this bill moves forward as the gentleman from Alaska (Mr. the gentleman from Washington (Mr. we go through the conference com- YOUNG) and the gentleman from Lou- LARSEN) now represents, and at that mittee with a good strong House bill isiana (Mr. TAUZIN). It is amazing what time Congressman Metcalf represented. that will be debated by Members of the can be done when all sides resign them- Both gentlemen were very involved in Senate and the House so that we will selves to work together. this debate. They had a problem to come up with something really strong. Although not a perfect bill, this is a solve for the neighbors who lived in The answer to this particular public bipartisan bill. It is an effort the Amer- their communities, and success has fi- access question may be part of home- ican people can be proud of. Unbe- nally greeted us here on the floor of land security. It may have to be a com- knownst to millions of Americans, the House tonight. promise. What I want, Mr. Speaker, my

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.180 pfrm17 PsN: H23PT2 H5284 CONGRESSIONAL RECORD — HOUSE July 23, 2002 mayors to be able to walk in and see dents like we have had in Washington ing to do and have the safest pipelines the most up-to-date maps that outline State and New Mexico. in the United States. Twenty-two mil- these pipeline directions so that they This is a great bill. I am proud to be lion miles of pipeline exist in the will be able to instruct people who are a cosponsor. United States. This will be the first digging trenches for water mains or Mr. Speaker, as one of the Democratic co- time where we know they will be in- digging trenches for the construction sponsors to this legislation, I rise in strong spected in a period of time, they will be of foundations of homes or schools. I support of H.R. 3609. Our pipeline infrastruc- repaired under the system of this bill want them to know, these commu- ture is the invisible backbone of this country on time, we will not have the acci- nities, where these pipelines run and through which the vast majority of our gasoline dents, hopefully, that have been hap- we all appreciate that. In an era which and natural gas flows through. pening in the past, and we will be able is different since 9–11, where terrorists This bill will greatly enhance the safety of all to deliver that product to the homes can get control fairly easily of infor- pipelines by requiring more frequent inspec- that they so badly need to live their mation, we have to massage this. But I tions, additional operator training, greater fines lives. think each of us appreciates the fact for safety violations, and better measures to Again, I thank the staff for the work that this information must be made protect against terrorist attacks. they have done on both sides of the available. All these additional enhancements were aisle. Mr. Speaker, for 3 years we have reached on a bipartisan basis between mem- Mr. Speaker, I reserve the balance of tried to pass this bill. We have tried to bers of the Transportation and Infrastructure my time. put this bill together in a way that Committee and the Energy & Commerce Mr. OBERSTAR. Mr. Speaker, the would protect our communities. This Committee. chairman’s patience is legendary. bill moves closer to that objective than Mr. Speaker, protecting the lives of my folks Mr. Speaker, I yield 1 minute to the anything I have seen so far. It is a com- in Houston who happen to live around the gentleman from Texas (Mr. HALL). promise, but I think it provides us the many pipelines is my first priority. (Mr. HALL of Texas asked and was basis for a good, strong community ap- The vast majority of the pipelines scheduled given permission to revise and extend proach that will allow us to provide to be inspected first are those with high popu- his remarks.) that protection for our communities lation density surrounding them. Mr. HALL of Texas. Mr. Speaker, I that we worked so hard to do. This common senses approach will imme- want to thank the chairman and rank- Mr. Speaker, as we move closer to diately bring the greatest safety margin to the ing member of the Committees on En- our objective, as we get a good bill out largest number of people. ergy and Commerce and Transpor- of the House, I urge our colleagues to In addition, all pipelines will be inspected tation and Infrastructure for working support this. It is a fine bill. My con- more frequently under this legislation with the Committee on Science and for gratulations to everybody who has Because of the increased inspections man- allowing us to work with them to in- been in the process. dated under this bill, pipeline inspection equip- clude the research and development Mr. OBERSTAR. Mr. Speaker, I yield ment and the personnel needed to man them language that is contained in section 9 1 minute to the gentleman from Texas should increase at a rapid pace. of the bill that is before us today. Sec- (Mr. GREEN). This will in turn lead to even better inspection 9 is also the product of a very (Mr. GREEN of Texas asked and was tions and less accidents like we saw in Wash- close collaboration on both sides of the given permission to revise and extend ington State and New Mexico. aisle in the Committee on Science, his remarks.) Mr. Speaker, this is a good bill and I want which reported these provisions as H.R. Mr. GREEN of Texas. Mr. Speaker, as to commend both Chairmen and Ranking 3929 last spring. one of the Democratic cosponsors, I Members for working to better protect the Section 9 will be of immense value to rise in strong support of H.R. 3609. Our American people. this Nation in ensuring that the nat- pipeline infrastructure is the invisible Mr. YOUNG of Alaska. Mr. Speaker, I ural gas, crude oil, and refined prod- backbone of this country through yield myself such time as I may con- ucts pipelines of this country are safer which the vast majority of our gasoline sume. and more secure as we move into the and natural gas flows. This bill greatly It is rare that I do this as the chair- 21st century. enhances the safety of all the pipelines man of two committees over the period The result will be a much stronger by requiring more frequent inspections, of the last 8 years, but I would like to focus on the development of tech- additional operator training, greater acknowledge at this time the work nologies necessary to make the pipe- fines for safety violations, and better that has been mentioned by other line infrastructure of this country measures to protect against terrorist Members that have spoken, the work of safer and more secure. attacks. the staff. This has been a long, trying Mr. Speaker. I want to thank the Chairman All these additional enhancements period of time. I want to compliment and Ranking Minority members of the Energy are reached on a bipartisan basis, not the staff on the minority side but I and Commerce and Transportation and Infra- only by the Committee on Energy and also, because I pay their bills, would structure Committees for working with the Commerce but also by my good friends like to compliment Graham Hill, espe- Science Committee to include the research and colleagues on the Committee on cially, for his work and his outstanding and development language contained in Sec- Transportation and Infrastructure. Mr. dedication and perseverance; Levon tion 9 of the bill before us today. Section 9 is Speaker, protecting the lives of the Boyagian, who has been with me now also the product of a close collaboration on folks whom I represent in Houston, as the counsel for the Committee on both sides of the aisle in the Science Com- Texas, who have lived and worked Transportation and Infrastructure; mittee, which reported these provisions as along pipelines all their lives, is our Mike Henry from the Committee on H.R. 3929 last spring. first priority, even around the country. Transportation and Infrastructure; Section 9 will be of immense value to this The vast majority of the pipelines Frank Mulvey; David Heymsfeld; Ward nation in ensuring that the natural gas, crude scheduled to be inspected first are McCarragher; and, of course, Liz oil, and refined products pipelines of this coun- those with high population density sur- Megginson, who is my chief counsel. try are safer and more secure as we move rounding them. This commonsense ap- I rarely do this because I know they into the 21st Century. And we are taking the proach will immediately bring the are doing what they love to do, but this first steps toward addressing the development greatest margin of safety to the largest has been a very complex issue; it takes of what we call the next-generation pipelines— number of people. In addition, all pipe- a lot of work, a lot of discussion, some those that will carry hydrogen, CO2 and per- lines will be inspected more frequently which I do not have the patience for, haps other substances that will be part of the under this legislation. and I will be the first one to admit energy infrastructure of the future. Because of the increased inspections that; but we worked together as a These pipelines are an essential part of the mandated under the bill, pipeline in- group collectively and fought out the nation’s energy infrastructure. They are so af- spection equipment and the personnel battles and discussed it. fected with the public interest that special ef- needed to man them should increase at I can truthfully say I believe that forts need to be taken now to make certain a rapid pace. This will in turn lead to this piece of legislation is a great step that new technologies are developed or exist- even better inspections and less acci- forward to accomplish what I am seeking technologies adapted to make certain that

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00084 Fmt 4634 Sfmt 9920 E:\CR\FM\K23JY7.195 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5285 these facilities are as safe and secure as they Whatcom Creek, and a plume of smoke thou- H.R. 3609 includes whistleblower pro- can be—and so soon as they can be. sands of feet into the sky. Over 1100 days visions to protect employees who re- Section 9 of the bill brings the considerable later, the House of Representatives is on the port problems that may endanger the capabilities of the Department of Energy verge of finally passing pipeline safety legisla- lives of fellow workers and those living (DOE) and its National Laboratories and the tion to respond to this tragedy. near the facilities. Finally, the bill will National Institute of Standards and Tech- Since I came to this chamber, I have require every pipeline operator to de- nology (NIST) to bear in a much more promi- worked to see that the type of tragedy my velop and to implement a terrorism se- nent way to provide solutions to the safety and constituents suffered never happens again by curity program approved by the Sec- security needs of the nation’s pipelines. It pro- laboring to see that meaningful pipeline safety retary. vides considerable flexibility to the partici- legislation passes the House of Representa- Mr. Speaker, this is a bill that will pating agencies, the Department of Transpor- tives. Our friends in the Senate have acted increase the safety and security of our tation, DOE and NIST, to develop a research three times. It is now time for us to act. Nation’s pipelines. I urge its adoption. plan—one that will be reviewed by a Technical The bill before us today is a strong pipeline Mr. OBERSTAR. Mr. Speaker, I yield Advisory Committee to ensure that the work safety bill. It strengthens pipeline safety by en- 1 minute to the distinguished gen- being done is relevant and appropriate. suring operators enhance training and evalua- tleman from Washington (Mr. INSLEE). The result will be a much stronger focus on tion of pipeline employees, requires pipeline Mr. INSLEE. Mr. Speaker, for 3 years the development of technologies necessary to inspection programs be adopted and enacted the parents of the three boys who died make the pipeline infrastructure of this country every ten years, with follow-up inspections on June 10, 1999, in Bellingham, Wash- more safe and secure. every seven years, strengthens the oversight ington, have been unstinting and Mr. YOUNG of Alaska. Mr. Speaker, I role of state governments and citizens, and unyielding in their insistence that this yield myself such time as I may con- mandates substantially increased civil pen- Chamber adopt a requirement that sume. alties. pipeline companies inspect their pipe- I urge all Members to vote for this With that said, I think it important to point lines. Today it is their efforts that bill. For the committee, we expect to out that the bill is missing critical community- truly ought to be honored to fully and have a vote on this legislation probably right-to-know provisions that are vital if we fairly require that for the American later on this evening. I urge all Mem- truly intend to improve the safety of the pipe- people. bers to vote for the passage of this leg- lines that weave in and out of our commu- I want to note the efforts of Frank islation. nities. If we do not direct pipeline operators and Mary King, Marlene Robinson and Mr. Speaker, I reserve the balance of maintain continuous liaison with emergency Katherine Dalen, because they have my time. responders, or require them to provide maps been insistent that we not leave this Mr. OBERSTAR. Mr. Speaker, I yield of their pipelines to municipalities, we are not House until we require in statute the 1 minute to the distinguished gen- doing all we can to ensure that another trag- inspection of these pipelines. This has been difficult for them. It has been dif- tleman from Washington (Mr. LARSEN), edy like that in Bellingham or Carlsbad, New whose district was tragically the site Mexico never happens again. As this process ficult because the last time we had this of a pipeline tragedy. moves forward into a Conference Committee, provision on this Chamber, on this (Mr. LARSEN of Washington asked I urge my colleagues in the strongest possible floor, we did not have such an inspec- and was given permission to revise and terms to recede to the Senate’s community- tion. But they were unyielding and extend his remarks.) right-to-know provisions. unstinting. I want to thank them for Mr. LARSEN of Washington. Mr. In conclusion, Mr. Speaker, allow me to their courage in such difficult cir- Speaker, I rise in support of H.R. 3609. thank the leadership of the Transportation and cumstances to hold our feet to the fire, I have a full statement, but I just want Infrastructure and Energy and Commerce to go through a multiple-year effort to to make a quick note about what hap- Committees. Chairman YOUNG and TAUZIN, as get this inspection requirement. Their pened 3 years ago on June 10, 1999, in well as Ranking Members OBERSTAR and DIN- decision not to allow anything less Bellingham, Washington, and remem- GELL have done a good job of shepherding than that in the last Congress today has proven the right decision. ber why we are here today, to remem- this critical piece of legislation through the Mr. OBERSTAR. Mr. Speaker, I yield ber 10-year-old Wade King, 10-year-old House of Representatives. As one who has seen firsthand the danger posed by unsafe 2 minutes to the distinguished gen- Stephen Tsiorvas, and 18-year-old Liam pipelines, I thank them, and all Members who tleman from Michigan (Mr. DINGELL), Wood, who were killed when nearly have worked on this bill, and urge my col- the ranking member of the Committee 300,000 gallons of gasoline from a near- leagues to support this bill. on Energy and Commerce, whose years by pipeline rupture leaked into Mr. YOUNG of Alaska. Mr. Speaker, I of endeavor in the vineyard have prov- Whatcom Creek and were ignited and yield 3 minutes to the gentleman from en fruitful. exploded. 1,100 days later, the House of Wisconsin (Mr. PETRI), the chairman of (Mr. DINGELL asked and was given Representatives is on the verge of fi- the subcommittee that handled this permission to revise and extend his re- nally passing strong pipeline safety issue. marks.) legislation to respond to this tragedy. Mr. PETRI. Mr. Speaker, I rise in Mr. DINGELL. Mr. Speaker, I rise in On behalf of their families, I want to support of the bill before us and urge strong support of H.R. 3609. I am thank the House for doing so. I want to my colleagues to vote in favor of this pleased to be here to mark an impor- thank Chairman YOUNG, Chairman worthwhile legislation. I would like to tant event. We are on the verge of mov- TAUZIN, Ranking Member OBERSTAR take a minute to commend the leader- ing forward with pipeline safety legis- and Ranking Member DINGELL and the ship of the Committee on Transpor- lation that will enhance the real safety staffs from the majority and minority tation and Infrastructure and of the of our Nation’s pipelines. I want to side for all the hard work that they Committee on Energy and Commerce commend the distinguished gentleman have put into this issue over the last 3 for reaching this agreement, particu- from Louisiana (Mr. TAUZIN), our years to make this a reality, to re- larly the gentleman from Alaska (Mr. chairman, and also the distinguished spond to the communities, to respond YOUNG), the gentleman from Minnesota gentleman from Alaska (Mr. YOUNG), to their concerns about safety; and (Mr. OBERSTAR), the gentleman from chairman of the Committee on Trans- again to remember Wade King, Stephen Louisiana (Mr. TAUZIN), and the gen- portation and Infrastructure, and my Tsiorvas and Liam Wood for the lives tleman from Michigan (Mr. DINGELL). distinguished friend, the gentleman that they lost, but hopefully with ac- The bill will require a more frequent from Minnesota (Mr. OBERSTAR), the tion by the House today we are doing inspection and reinspection schedule ranking member of the Committee on our best to prevent losing lives in the for pipelines, in particular problem Transportation and Infrastructure, for future. pipelines. It will ensure that individ- making this possible. On June 10, 1999 in Bellingham, Wash- uals who work on pipelines are prop- ington, two ten-year old boys, Wade King and erly trained. The bill also includes a b 1900 Stephen Tsiorvas, and an 18 year-old man, permanent streamlining provision that Mr. Speaker, there is a mounting Liam Wood, were killed when nearly 300,000 will enable pipeline operators to make body of evidence that our system of gallons of gasoline from a nearby pipeline rup- repairs within the time limits set forth pipeline safety regulation is wholly in- ture ignited, sending a fireball roaring down by the Department of Transportation. adequate. As of now, the Congress has

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.153 pfrm17 PsN: H23PT2 H5286 CONGRESSIONAL RECORD — HOUSE July 23, 2002 failed to move on meaningful reforms. Things, however, were very different this porting energy materials to needed des- We do so in this legislation. year in our Committee, and Chairmen TAUZIN tinations. It is equally important that I want to, again, commend my col- and BARTON deserve the thanks of this body the American public have faith in its leagues for the work, efforts and lead- for working as partners with us to develop leg- safety. ership which they have given, and also, islation that moves the ball forward on pro- I support this legislation and encour- again, the gentleman from Louisiana tecting the public and the environment from age my colleagues to vote in favor of (Mr. TAUZIN) and the gentleman from the dangers of unsafe pipelines. The Energy this bill, which improves public con- Texas (Mr. BARTON) for having worked and Commerce Committee bill was supported fidence in our Nation’s pipeline system with us to develop this legislation. by all stakeholders—including the gas pipeline and allows continued quality service to The legislation we are considering industry, the oil pipeline industry, labor, and the many Americans who depend upon today is comprised of the unanimously the environmental community. the products that pipelines provide. approved Committee on Energy and The legislation we are considering today is Mr. OBERSTAR. Madam Speaker, I Commerce bill plus important and val- comprised of the unanimously approved—En- yield 1 minute to the distinguished uable additions drawn from the Com- ergy and Commerce bill plus some very im- gentleman from Texas (Mr. DOGGETT). mittee on Transportation and Infra- portant and useful additions drawn from the Mr. DOGGETT. Madam Speaker, I structure product. Transportation and Infrastructure Committee thank the gentleman for yielding me As a result of good faith working to- product. It is the result of a good faith, sincere time. Madam Speaker, I surely hope that gether, we have presented the House effort to do what is doable for the sake of the bill before us is a good one, and with a bill which deserves the support safety, rather than hold out for everything that there is reason for hope, since it is in- of all of my colleagues and which will every stakeholder ever wanted. I know it is not conceivable that our current pipeline contribute significantly to the protec- a perfect product, but I believe that the effort safety regulation could get much tion of the environment and the pro- has been successful. worse. tection of the American public. I commend Members who have worked with I want to commend our good friend, When it comes to pipeline safety, us to address specific matters in the bill. ‘‘oversight’’ has usually meant ‘‘over- the gentleman from Virginia (Mr. BOU- These include Chairman BARTON and Rep- look.’’ When it comes to the Office of CHER), the ranking member of the sub- resentative JOHN—as well as Representative Pipeline Safety, it has found itself in committee, for his efforts on the tech- PALLONE—for their work on the provision to alliance with groups such as the Long- nical assistance grants and hazardous establish a national 3-digit, one-call number. I horn Pipeline that have posed such pipeline enforcement provisions. The also want to commend Ranking Member BOU- dangers to my community in Central gentleman from Texas (Mr. HALL) and CHER for his efforts on the technical assistance Texas, and how South Austinites have the gentleman from Pennsylvania (Mr. grants and hazardous pipeline enforcement rightly shouted that they have every- DOYLE) again deserve significant rec- provisions. Representatives HALL and DOYLE thing to lose and nothing to be gained ognition for their fine efforts on the re- deserve recognition for their efforts on the re- by being forced to be a Longhorn part- search provisions which largely reflect search provisions that largely reflect Mr. ner because of the tragic intrusion on the legislation of the gentleman from HALL’s legislation that was reported over- our community by Longhorn Pipeline. Texas (Mr. HALL) that was reported whelmingly by the Committee on Science. I The City of Austin has a lot resting on overwhelmingly by the Committee on also want to specifically thank Representative the protections offered by this bill. Science. MARKEY for his work and cooperation on the With an understanding of our experi- I also want to thank the gentleman provisions relating to the National Transpor- ence with Longhorn Pipeline and the from Massachusetts (Mr. MARKEY) for tation Safety Board and the security of liquified lack of protection from the Office of his work and cooperation on the provi- natural gas and other pipeline facilities. Pipeline Safety, the city submitted sions relating to the National Trans- Finally, I express my appreciation to those testimony expressing its concern about portation Safety Board and the secu- in the environmental community and organized current Federal statutes that restrict rity of liquefied natural gas and other labor who have worked with me over the municipalities in protecting their citi- pipeline facilities. years on these matters. They, along with the zens from pipeline dangers. It is essen- Finally, I express my appreciation to industry stakeholders who have chosen to tial that the Office of Pipeline Safety those in the environmental community play a constructive role in this process, de- and other Federal agencies give thor- and in organized labor who have serve to be recognized for helping us make it ough consideration to the issues faced worked with me for so many years on possible to go forward with the support of by those exposed to hazardous pipe- these matters. They, along with indus- every Member of our Committee and hopefully lines. Hopefully, that will be accom- try stakeholders who have chosen to today with support of the entire House of Rep- plished by the modest steps in this bill. play a constructive role in this process, resentatives. Mr. OBERSTAR. Madam Speaker, I deserve great credit. They all deserve Mr. Chairman, I urge swift adoption of the yield myself such time as I may con- to be thanked. amendment in the nature of a substitute and sume. Mr. Speaker, I urge the swift and passage of the bill. Madam Speaker, I wish to express my speedy adoption of this legislation. Mr. YOUNG of Alaska. Mr. Speaker, I great appreciation for the cooperation Mr. Speaker, I rise in strong support of H.R. reserve my time. of all the members on the Democratic 3609. I am truly pleased to be here to mark Mr. OBERSTAR. Mr. Speaker, I yield side on the Committee on Transpor- a very important event: for the first time in a 1 minute to the distinguished gen- tation and Infrastructure. We had decade, we are on the verge of moving for- tleman from Oklahoma (Mr. CARSON). many, many meetings and discussions ward on pipeline safety legislation that would Mr. CARSON of Oklahoma. Mr. to iron out differences, to reach agree- actually enhance the safety of our Nation’s Speaker, I rise today to express my ments, to reach consensus on matters, pipelines. I want to commend Chairman TAU- support for this compromise version of that compromise that we have offered ZIN, along with Chairman YOUNG and Ranking H.R. 3609, which improves pipeline safe- to the majority in our committee. In Member OBERSTAR for making this possible. ty. I am an original cosponsor of this particular, the gentleman from New There is a mounting body of evidence that legislation, which has undergone sig- Jersey (Mr. PASCRELL) has been an ab- our system of pipeline safety regulation is nificant changes since it was first in- solute champion on pipeline safety; the wholly inadequate. Unfortunately, until now, troduced. gentleman from Washington (Mr. Congress has failed to move on any meaning- This legislation importantly accom- LARSON), who has been a vigorous advo- ful reforms. during the last Congress, the plishes various improvements in pipe- cate stemming from the tragedies that House considered legislation that was more line safety, while recognizing the reali- resulted in his own district; the gen- about public relations than public safety. Be- ties of pipeline operation and its, tleman from Oklahoma (Mr. CARSON), cause that legislation did little more than re- unacknowledged often, importance to who, likewise, has been a vigorous ad- state existing law and provide cover for main- many communities and businesses vocate and a staunch supporter of taining the deadly status quo, Mr. OBERSTAR across the country. strong pipeline safety legislation; and and I—along with many of our colleagues— Pipelines are a critical mode of many others on our committee who successfully opposed enactment of that legis- transportation for our Nation and by have contributed long hours in the dis- lation. far one of the safest modes of trans- cussion and debate internally.

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.210 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5287 But especially my appreciation goes safety, including the possibility of terrorist at- pany would fight the Department’s proposed to the chairman of our committee, tacks. The Coast Guard works with the City of fine. While I have had some positive recent whose patience, as I said a moment Boston, and police and fire departments of communications with U.S.-based representa- ago, is legendary. Sometimes that fuse Everett, Malden and Medford to establish pro- tives of the company following the Commit- is maybe a quarter of an inch long, but cedures for protecting the tanker ships and tee’s adoption of my amendment, only time he is always willing to come back preparing for any emergency response. will tell whether the situation on the ground in again and to discuss and to revisit However, after the LNG tankers have Everett will change and whether the compa- issues on which it seems that there is docked at the facility, the Coast Guard’s job is nies’ European corporate parents will provide no agreement and to find common done. Security then, is left to the private secu- the funding and support to allow a ‘‘security ground. We have found common rity guards hired by Distrigas and the Everett first’’ philosophy to truly take hold at Distrigas. Police Department. Of course, the Everett Po- ground, and I am very appreciative. My amendment, which appears as Section lice Department has all of the responsibilities I especially am grateful to our com- 12 of the bill, is aimed at assuring that this fa- of an urban police force, and cannot devote mittee staff, David Heymsfeld and cility, or any future LNG terminal that is sited the resources to maintaining a large police Frank Mulvey, who have labored inten- in a densely populated urban area, it fully pro- presence at this facility at all times. For this sively on crafting this legislation and tected against terrorist threats. What it does is reason, we have to rely primarily on the LNG Ward McCarragher, whose many, many very simple: hours combined have produced this plant operator, Distrigas, to put in place ade- splendid piece of legislation which we quate security systems. It directs the Secretary of Transportation to can now support. Unfortunately, I have found that security at undertake a rulemaking to develop new secu- Madam Speaker, I yield back the bal- this facility is sorely inadequate. Both from rity rules for the Everett facility, and to issue ance of my time. whistleblower reports and from direct first a final rule within one year ‘‘to require effective Mr. YOUNG of Alaska. Madam hand observation, I have seen a facility where security measures which the Secretary deter- Speaker, I yield myself such time as I security is either nonexistent or woefully lack- mines are necessary to be adopted against may consume. ing. I have written to Homeland Security Direc- acts of terrorism or sabotage . . .’’ The Madam Speaker, that everybody is tor Tom Ridge on two occasions last fall and amendment identifies nine specific factors the thanking everybody means this is a last winter to ask him to look into this matter Secretary shall take into account in this rule- good day, and I would suggest we espe- and work with the Department of Transpor- making, and it provides that any rules issued cially thank again the gentleman from tation, the Coast Guard, and with the State by the Secretary shall establish requirements and Local governments to help rectify this situ- for security procedures and emergency re- Michigan (Mr. DINGELL), the ranking member on the Committee on Energy ation, and he responded several weeks ago to sponse at the facility, including effective test- and Commerce, the gentleman from tell me that he had misplaced my letters and ing of the security forces at the plant. would have to get back to me later. So I Louisiana (Mr. TAUZIN), the gentleman Let me make it clear, the provision would guess you could say that I have had direct from Minnesota (Mr. OBERSTAR) and only cover this one facility, located in Everett, firsthand experience that demonstrates that the work he has done, the gentleman Massachusetts, in my District, which faces Governor Ridge needs the additional re- from Washington (Mr. LARSON) and the what may be some unique security challenges sources and authorities that President Bush gentleman from Oklahoma (Mr. CAR- and some severe public safety consequences called upon the Congress to give him. SON). in the event of a successful terrorist attack. Of I also raised this issue with the Transpor- course, the amendment is drafted to be ge- Everybody has worked together and tation Department during the Subcommittee’s neric in application, so that if there is some fu- we have got what I think is a good hearing on the pending legislation. The re- ture facility that meets the statutory definition, piece of legislation. sponses I received were not satisfactory. The it would be similarly afforded the protections Mr. MARKEY. Madam Speaker, I rise in Department noted, for example, that it had provided by the security measures mandated support of H.R. 3609. found in November that the Everett plant’s under the Section. The principle underlying the I am pleased that the bill we are considering contract security guards ‘‘needed additional Section 12 is the LNG facility that receive LNG today contains a provision I authored (Section training regarding existing Distrigas security tanker ships, and are located in or near 12 of the bill) which deals with a special situa- procedures’’. And these were the security pro- densely populated urban areas, must comply tion that we are facing in Everett, Massachu- cedures established before September 11th. setts, in my Congressional District. The Department subsequently announced with enhanced security rules and security The Distrigas LNG facility in Everett is that it was imposing a $220,000 civil fine on force testing procedures. We are focused on owned by Tractebel, a Belgian-based energy Distrigas for violations of DOT security re- this class of facilities, because the adverse affiliate of the French conglomerate, Suez. quirements and safety rules. In so doing the consequences of a security breach at a LNG This facility is unlike any other waterfront LNG Department announced that the Department’s facility in an urban area could be quite severe plant in the nation that receives LNG tankers. ‘‘Inspectors found Distrigas had failed to train in terms of loss of life or destruction of prop- It is located in the middle of the City of Ever- their contract security personnel in security erty. ett, a city of 38,000 people that has a popu- procedures established prior to Sept. 11, I would not that the rulemaking required lation density of 11,241 people per square 2001. Morever, a follow-up inspection found under Section 12 applies only to a ‘‘waterfront mile. The facility is a mile and a half from my that even as late as April 2002, not all contract liquefied natural gas plants capable of receiv- hometown of Malden (a city of 56,000 people), security employees had been trained in secu- ing liquefied natural gas tankers’’ that is ‘‘lo- it is two and a half miles from the City of Med- rity procedures.’’ cated in or within one mile of a densely popu- ford (also population 56,000) where my District In other words, the Transportation Depart- lated urban area.’’ The term ‘‘waterfront lique- Office is located. The facility also is right ment essentially said that Distrigas has fied natural gas plant’’ is derived from a term across the Mystic River from downtown Bos- flunked what is basically an elementary which appears in the U.S. Code of Federal ton—population 590,000. school-level security test. However, what they Regulations, and refers to ‘‘an LNG plant with LNG tankers that dock at the Distrigas facil- may really need to be prepared for is a col- docks, wharves, piers, or other structures in, ity must enter the Boston Harbor and sail lege level exam. We need to upgrade the se- on, or immediately adjacent to the navigable through a narrow ship channel that passes by curity standards affecting this type of facility, waters of the United States or Puerto Rico Logan airport, under the Tobin Bridge, and so that we can get access to the LNG needed and any shore area immediately adjacent to right by the central financial and commercial to provide energy for our region, while also those waters to which vessels may be secured district of the City of Boston. For this reason, protecting our communities from a terrorist ac- and at which LNG cargo operations may be when LNG tankers approach Boston, the tion that could threaten public safety. conducted.’’ The term ‘‘densely populated Coast Guard has established special proce- While Distrigas says it is improving its secu- urban area’’ is specifically defined in the dures to help protect the public health and rity procedures, it has also said that the com- amendment as ‘‘an area with a population

VerDate Jul 19 2002 02:14 Jul 25, 2002 Jkt 099060 PO 00000 Frm 00087 Fmt 4634 Sfmt 9920 E:\CR\FM\K23JY7.200 pfrm17 PsN: H23PT2 H5288 CONGRESSIONAL RECORD — HOUSE July 23, 2002 density of more than 10,000 people per The yeas and nays were ordered. Gibbons Lynch Ross Gilchrest Maloney (CT) Roukema square mile.’’ The SPEAKER pro tempore. Pursu- Gilman Maloney (NY) Roybal-Allard Section 12 therefore currently would exclude ant to clause 8 of rule XX and the Gonzalez Manzullo Rush the Lake Charles, Louisiana LNG facility, the Chair’s prior announcement, further Gordon Markey Ryan (WI) Elba Island, Georgia LNG facility, and the proceedings on this motion will be Granger Mascara Sanchez Graves Matheson Sanders soon-to-be reactivated Cove Point, Maryland postponed. Green (TX) Matsui Sandlin LNG facility from coverage, as none of those Green (WI) McCarthy (NY) Sawyer facilities are located in areas with a population f Greenwood McCollum Saxton area of more than 10,000 people per square Grucci McCrery Schakowsky ANNOUNCEMENT BY THE SPEAKER Gutierrez McDermott Schrock mile. For example, the population density of PRO TEMPORE Hall (OH) McGovern Serrano Lake Charles (home of the CMS Trunkline Fa- Hansen McHugh Sessions cility) is 1786 people per square mile. There is The SPEAKER pro tempore. Pursu- Hart McInnis Shadegg one other LNG Terminal currently operating, ant to clause 8, rule XX, and the Hastert McIntyre Shaw Chair’s prior announcement, the Chair Hastings (FL) McKeon Shays which is located at Elba Island, Georgia, near Hastings (WA) McNulty Sherwood Savannah, Georgia (which has a population of will now put three of the questions on Hayes Meehan Shimkus 1759.5 people per square mile). It was reac- which further proceedings were post- Hayworth Meeks (NY) Shuster tivated in December. The Cove Point facility, poned earlier today. Herger Menendez Simmons Hill Mica Simpson in Maryland is not yet reopened, but it is lo- Votes will be taken in the following Hinchey Millender- Skeen cated in a rural area that is even less densely order: Hinojosa McDonald Skelton populated. H.R. 3479, by the yeas and nays; Hobson Miller, Dan Slaughter Section 12 also excludes an LNG facility Hoeffel Miller, Gary Smith (MI) H.R. 4775, by the yeas and nays; and Hoekstra Miller, George Smith (NJ) that is not used to dock or receive LNG tank- House Joint Resolution 101, by the Holden Mink Smith (TX) ers. We are focused narrowly on LNG termi- yeas and nays. Holt Mollohan Solis nals in this amendment since these are facili- The Chair will reduce to 5 minutes Honda Moore Souder ties that may receive ocean-going tankers Hooley Moran (KS) Spratt the time for the second and third elec- Hoyer Murtha Stark from Middle Eastern countries like Algeria, tronic vote in this series. Hulshof Myrick Stenholm where there may be active terrorist cells oper- Inslee Nadler Strickland ating, or from other foreign nations, where f Isakson Napolitano Stupak there may not be adequate screening of ship’s Israel Neal Sullivan NATIONAL AVIATION CAPACITY Issa Nethercutt Sweeney crews or adequate systems in place to assure Istook Ney Tanner ship security. The section is intended to sup- EXPANSION ACT OF 2002 Jackson-Lee Northup Tauscher plement the other measures undertaken to en- The SPEAKER pro tempore. The (TX) Norwood Tauzin sure the security of such LNG terminals, in- Jefferson Nussle Taylor (MS) pending business is the question of sus- John Oberstar Taylor (NC) cluded those taken by the Coast Guard in ad- pending the rules and passing the bill, Johnson (CT) Olver Terry dressing the security of LNG tankers and H.R. 3479, as amended. Johnson (IL) Ortiz Thomas screen their crews as they enter U.S. waters The Clerk read the title of the bill. Johnson, E. B. Osborne Thompson (CA) and travel through U.S. harbors to their des- Johnson, Sam Ose Thompson (MS) The SPEAKER pro tempore. The Kanjorski Otter Thornberry tinations. In the past, I have seen at the Ever- question is on the motion offered by Kaptur Owens Thune ett facility that while the Coast Guard does a the gentleman from Florida (Mr. MICA) Keller Oxley Tiahrt reasonably good job of addressing security at Kelly Pallone Tiberi that the House suspend the rules and Kennedy (MN) Pascrell Tierney the water side of the plant, there simply has pass the bill, H.R. 3479, as amended, on Kildee Pastor Towns not been enough attention focused on what which the yeas and nays are ordered. Kind (WI) Pelosi Turner could happen on the land side, or the potential The vote was taken by electronic de- King (NY) Peterson (MN) Udall (CO) for a coordinated attack that might involve in- Kingston Peterson (PA) Udall (NM) vice, and there were—yeas 343, nays 87, Kirk Petri Upton siders. Section 12 gives the Department the not voting 5, as follows: Kleczka Phelps Velazquez tools needed to address this. [Roll No. 327] Knollenberg Pickering Visclosky I appreciate the cooperation of the Chair- Kolbe Pitts Vitter man of the Energy and Commerce Committee YEAS—343 LaFalce Platts Walden Lampson Pombo Walsh and his staff, who have offered some helpful Abercrombie Brady (PA) DeLauro Ackerman Brady (TX) DeLay Langevin Pomeroy Wamp suggestions on how to tighten the language of Allen Brown (SC) DeMint Lantos Portman Watkins (OK) the amendment, as well as the Ranking Mem- Andrews Bryant Deutsch Larsen (WA) Price (NC) Watson (CA) ber, who have been helpful in assuring that Armey Burr Diaz-Balart Larson (CT) Pryce (OH) Watts (OK) Baca Callahan Dicks Latham Putnam Waxman the amendment touched only this facility, and Bachus Camp Doggett LaTourette Quinn Weiner did not inadvertently affect other facilities Baird Cannon Dooley Leach Rahall Weldon (PA) where the security problems may not be as Baker Cantor Doolittle Levin Ramstad Weller Baldacci Capito Doyle Lewis (CA) Rangel Wexler serious, or the consequences of a successful Baldwin Capps Dreier Lewis (KY) Regula Whitfield terrorist attack so potentially devastating. Barcia Capuano Duncan Linder Rehberg Wicker I urge adoption of the legislation. Barrett Cardin Dunn Lipinski Reyes Wilson (NM) Barton Carson (IN) Edwards LoBiondo Reynolds Wilson (SC) Mr. YOUNG of Alaska. Madam Bass Carson (OK) Ehlers Lofgren Rodriguez Woolsey Speaker, I yield back the balance of Becerra Castle Ehrlich Lowey Roemer Wu my time. Bentsen Chambliss Emerson Bereuter Clay Engel Lucas (KY) Rogers (KY) Wynn The SPEAKER pro tempore (Mrs. Berkley Clayton English Lucas (OK) Rogers (MI) Young (AK) BIGGERT). The question is on the mo- Berman Clement Eshoo Luther Ros-Lehtinen Young (FL) tion offered by the gentleman from Berry Clyburn Etheridge Biggert Combest Evans NAYS—87 Alaska (Mr. YOUNG) that the House Bishop Cooksey Everett Aderholt Collins Flake Blagojevich Costello Ferguson suspend the rules and pass the bill, Akin Condit Gallegly Blumenauer Cox Filner H.R. 3609, as amended. Ballenger Conyers Gillmor Blunt Coyne Fletcher Barr Crane Goode The question was taken. Boehlert Cramer Foley Bartlett Cubin Goodlatte The SPEAKER pro tempore. In the Boehner Crenshaw Forbes Bilirakis Cummings Graham Bonilla Crowley Ford opinion of the Chair, two-thirds of Brown (FL) Cunningham Gutknecht Bonior Culberson Fossella Brown (OH) Davis, Jo Ann Hall (TX) those present have voted in the affirm- Bono Davis (CA) Frank Burton Deal Harman ative. Boozman Davis (FL) Frelinghuysen Buyer Delahunt Hefley Borski Davis (IL) Frost Mr. YOUNG of Alaska. Madam Calvert Dingell Hilleary Boswell Davis, Tom Ganske Chabot Farr Hilliard Speaker, on that I demand the yeas Boucher DeFazio Gekas Coble Fattah Horn and nays. Boyd DeGette Gephardt

VerDate Jul 19 2002 02:14 Jul 25, 2002 Jkt 099060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.157 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5289 Hostettler Miller, Jeff Schiff Bilirakis Gilchrest Matheson Sessions Sullivan Vitter Houghton Moran (VA) Scott Bishop Gillmor Matsui Shadegg Sununu Walden Hunter Morella Sensenbrenner Blagojevich Gilman McCarthy (MO) Shaw Sweeney Walsh Hyde Obey Sherman Blumenauer Gonzalez McCarthy (NY) Shays Tanner Wamp Jackson (IL) Paul Shows Blunt Goodlatte McCollum Sherman Tauscher Waters Jenkins Payne Smith (WA) Boehlert Gordon McCrery Sherwood Tauzin Watkins (OK) Jones (NC) Pence Snyder Boehner Graham McGovern Shimkus Taylor (MS) Watson (CA) Kennedy (RI) Radanovich Stump Bonilla Granger McHugh Shows Taylor (NC) Watt (NC) Kerns Riley Sununu Bonior Graves McInnis Shuster Thomas Watts (OK) Kilpatrick Rivers Tancredo Bono Green (TX) McIntyre Simmons Thompson (CA) Waxman Kucinich Rohrabacher Thurman Boozman Greenwood McKeon Simpson Thompson (MS) Weiner LaHood Rothman Toomey Boswell Grucci McNulty Skeen Thornberry Weldon (FL) Lee Royce Waters Boucher Gutierrez Meehan Skelton Thune Weldon (PA) McCarthy (MO) Ryun (KS) Watt (NC) Boyd Gutknecht Meek (FL) Slaughter Thurman Weller McKinney Sabo Weldon (FL) Brady (PA) Hall (OH) Meeks (NY) Smith (MI) Tiahrt Wexler Meek (FL) Schaffer Wolf Brady (TX) Hall (TX) Menendez Smith (NJ) Tiberi Whitfield Smith (TX) Tierney Wicker NOT VOTING—5 Brown (FL) Hansen Mica Brown (OH) Harman Millender- Snyder Toomey Wilson (NM) Goss Lewis (GA) Traficant Brown (SC) Hart McDonald Solis Towns Wilson (SC) Jones (OH) Stearns Bryant Hastings (FL) Miller, Dan Souder Turner Wolf Burr Hastings (WA) Miller, Gary Spratt Udall (CO) Woolsey b 1930 Burton Hayes Miller, George Stenholm Udall (NM) Wu Buyer Hayworth Miller, Jeff Strickland Upton Wynn Mr. PENCE and Mr. RILEY changed Callahan Hefley Mink Stump Velazquez Young (AK) their vote from ‘‘yea’’ to ‘‘nay.’’ Calvert Herger Mollohan Stupak Visclosky Young (FL) So (two-thirds having voted in favor Camp Hill Moore NAYS—32 thereof) the rules were suspended and Cannon Hilleary Moran (KS) Cantor Hilliard Moran (VA) Borski Goode Oberstar the bill, as amended, was passed. Capito Hinchey Morella Capuano Green (WI) Paul The result of the vote was announced Capps Hinojosa Murtha Chabot Issa Petri as above recorded. Cardin Hobson Myrick Collins Johnson, E. B. Royce Cubin Kerns The title of the bill was amended so Carson (IN) Hoeffel Nadler Ryan (WI) Carson (OK) Hoekstra Napolitano Deal Kind (WI) Sensenbrenner as to read: ‘‘To expand aviation capac- Castle Holden Neal Delahunt Kucinich Smith (WA) ity.’’. Chambliss Holt Nethercutt Doggett Manzullo Stark Duncan McDermott Clay Honda Ney Tancredo A motion to reconsider was laid on Flake McKinney the table. Clayton Hooley Northup Terry Clement Horn Nussle Frank Norwood Stated for: Clyburn Hostettler Obey NOT VOTING—5 Mr. GOSS. Madam Speaker, on rollcall No. Coble Houghton Olver 327, I was inadvertently detained. Combest Hoyer Ortiz Goss Lewis (GA) Traficant Condit Hulshof Osborne Jones (OH) Stearns Had I been present, I would have voted Conyers Hunter Ose ‘‘yea.’’ Cooksey Hyde Otter b 1940 Costello Inslee Owens f Ms. EDDIE BERNICE JOHNSON of Cox Isakson Oxley Texas changed her vote from ‘‘yea’’ to ANNOUNCEMENT BY THE SPEAKER Coyne Israel Pallone Cramer Istook Pascrell ‘‘nay.’’ PRO TEMPORE Crane Jackson (IL) Pastor Mr. OTTER changed his vote from The SPEAKER pro tempore (Mrs. Crenshaw Jackson-Lee Payne ‘‘nay’’ to ‘‘yea.’’ Crowley (TX) Pelosi BIGGERT). Pursuant to clause 8 of rule Culberson Jefferson Pence So the conference report was agreed XX, the Chair will reduce to 5 minutes Cummings Jenkins Peterson (MN) to. the minimum time for electronic vot- Cunningham John Peterson (PA) The result of the vote was announced Davis (CA) Johnson (CT) Phelps ing on each question on which the Davis (FL) Johnson (IL) Pickering as above recorded. Chair has postponed further pro- Davis (IL) Johnson, Sam Pitts A motion to reconsider was laid on ceedings. Davis, Jo Ann Jones (NC) Platts the table. Davis, Tom Kanjorski Pombo Stated for: f DeFazio Kaptur Pomeroy DeGette Keller Portman Mr. GOSS. Madam Speaker, on rollcall No. CONFERENCE REPORT ON H.R. 4775, DeLauro Kelly Price (NC) 328, I was inadvertently detained. 2002 SUPPLEMENTAL APPROPRIA- DeLay Kennedy (MN) Pryce (OH) Had I been present, I would have voted TIONS ACT FOR FURTHER RE- DeMint Kennedy (RI) Putnam Deutsch Kildee Quinn ‘‘yea’’. COVERY FROM AND RESPONSE Diaz-Balart Kilpatrick Radanovich f TO TERRORIST ATTACKS ON THE Dicks King (NY) Rahall UNITED STATES Dingell Kingston Ramstad DISAPPROVAL OF NORMAL TRADE Dooley Kirk Rangel The SPEAKER pro tempore. The Doolittle Kleczka Regula RELATIONS TREATMENT TO pending business is the question of Doyle Knollenberg Rehberg PRODUCTS OF VIETNAM Dreier Kolbe Reyes agreeing to the conference report on Dunn LaFalce Reynolds The SPEAKER pro tempore. The the bill, H.R. 4775, on which the yeas Edwards LaHood Riley pending business is the question of pas- and nays are ordered. Ehlers Lampson Rivers sage of the joint resolution, H.J. Res. The Clerk read the title of the bill. Ehrlich Langevin Rodriguez 101, on which the yeas and nays were Emerson Lantos Roemer The SPEAKER pro tempore. The Engel Larsen (WA) Rogers (KY) ordered. question is on the conference report. English Larson (CT) Rogers (MI) The Clerk read the title of the joint Pursuant to clause 10 of rule XX, the Eshoo Latham Rohrabacher resolution. Etheridge LaTourette Ros-Lehtinen yeas and nays are ordered. Evans Leach Ross The SPEAKER pro tempore. The This will be a 5-minute vote. Everett Lee Rothman question is on the passage of the joint The vote was taken by electronic de- Farr Levin Roukema resolution. vice, and there were—yeas 397, nays 32, Fattah Lewis (CA) Roybal-Allard This is a 5-minute vote. Ferguson Lewis (KY) Rush not voting 5, as follows: Filner Linder Ryun (KS) The vote was taken by electronic de- [Roll No. 328] Fletcher Lipinski Sabo vice, and there were—yeas 91, nays 338, Foley LoBiondo Sanchez not voting 5, as follows: YEAS—397 Forbes Lofgren Sanders Abercrombie Baird Barton Ford Lowey Sandlin [Roll No. 329] Ackerman Baker Bass Fossella Lucas (KY) Sawyer YEAS—91 Aderholt Baldacci Becerra Frelinghuysen Lucas (OK) Saxton Aderholt Bonilla Chabot Akin Baldwin Bentsen Frost Luther Schaffer Andrews Bonior Coble Allen Ballenger Bereuter Gallegly Lynch Schakowsky Ballenger Brown (OH) Collins Andrews Barcia Berkley Ganske Maloney (CT) Schiff Barr Brown (SC) Cox Armey Barr Berman Gekas Maloney (NY) Schrock Bartlett Burton Culberson Baca Barrett Berry Gephardt Markey Scott Berry Buyer Cunningham Bachus Bartlett Biggert Gibbons Mascara Serrano

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.159 pfrm17 PsN: H23PT2 H5290 CONGRESSIONAL RECORD — HOUSE July 23, 2002 Davis, Jo Ann Jackson-Lee Rohrabacher Morella Reynolds Sununu birth-abortion, which was referred to Davis, Tom (TX) Ros-Lehtinen Murtha Rodriguez Sweeney the House Calendar and ordered to be Deal Jenkins Ross Myrick Roemer Tanner Diaz-Balart Johnson, Sam Rothman Nadler Rogers (KY) Tauscher printed. Doolittle Jones (NC) Royce Napolitano Roukema Tauzin f Duncan Kelly Sanchez Neal Roybal-Allard Terry Ehrlich Kennedy (RI) Sanders Nethercutt Rush Thomas NOTICE OF INTENTION TO OFFER Everett Kingston Schaffer Ney Ryan (WI) Thompson (CA) RESOLUTION ON QUESTION OF Flake Kucinich Shows Northup Ryun (KS) Thompson (MS) Nussle Sabo Thornberry PRIVILEGES OF THE HOUSE Frank Lantos Slaughter Gibbons Lewis (CA) Oberstar Sandlin Thune Smith (NJ) Ms. SANCHEZ. Mr. Speaker, pursu- Gilman LoBiondo Olver Sawyer Thurman Souder ant to rule IX, I hereby notify the Goode Lofgren Ortiz Saxton Tiahrt Strickland Graham McIntyre Osborne Schakowsky Tiberi House of my intention to offer a resolu- Stump Green (TX) McNulty Ose Schiff Tierney tion as a question of the privileges of Tancredo Green (WI) Miller, Jeff Otter Schrock Toomey the House. The text of my resolution is Gutknecht Norwood Taylor (MS) Owens Scott Towns Hall (TX) Obey Taylor (NC) Oxley Sensenbrenner Turner identical to the resolution reported by Hayes Paul Visclosky Pallone Serrano Udall (CO) the Ethics Committee and reads as fol- Hayworth Payne Wamp Pascrell Sessions Udall (NM) lows. Hefley Pickering Watson (CA) Pastor Shadegg Upton In the matter of JAMES A. TRAFI- Hilleary Pombo Weldon (FL) Pence Shaw Velazquez CANT Honda Riley Wicker Peterson (MN) Shays Vitter , Jr., resolved that pursuant to ar- Houghton Rivers Wolf Peterson (PA) Sherman Walden ticle 1, section 5, clause 2 of the United Hunter Rogers (MI) Young (FL) Petri Sherwood Walsh States Constitution, Representative Phelps Shimkus Waters JAMES A. TRAFICANT, Jr., be, and he NAYS—338 Pitts Shuster Watkins (OK) Platts Simmons Watt (NC) hereby is, expelled from the House of Abercrombie DeGette Issa Pomeroy Simpson Watts (OK) Representatives. Ackerman Delahunt Istook Portman Skeen Waxman The SPEAKER pro tempore (Mr. Akin DeLauro Jackson (IL) Price (NC) Skelton Weiner SIMPSON). Under rule IX, a resolution Allen DeLay Jefferson Pryce (OH) Smith (MI) Weldon (PA) Armey DeMint John Putnam Smith (TX) Weller offered from the floor by a Member Baca Deutsch Johnson (CT) Quinn Smith (WA) Wexler other than the majority leader or the Bachus Dicks Johnson (IL) Radanovich Snyder Whitfield minority leader as a question of the Baird Dingell Johnson, E. B. Rahall Solis Wilson (NM) Baker Doggett Kanjorski Ramstad Spratt Wilson (SC) privileges of the House has immediate Baldacci Dooley Kaptur Rangel Stark Woolsey precedence only at a time designated Baldwin Doyle Keller Regula Stenholm Wu by the Chair within 2 legislative days Barcia Dreier Kennedy (MN) Rehberg Stupak Wynn after the resolution is properly noticed. Barrett Dunn Kerns Reyes Sullivan Young (AK) Barton Edwards Kildee Pending that designation, the form of Bass Ehlers Kilpatrick NOT VOTING—5 the resolution noticed by the gentle- Becerra Emerson Kind (WI) Jones (OH) Pelosi Traficant woman from California will appear in Bentsen Engel King (NY) Lewis (GA) Stearns Bereuter English Kirk the RECORD at this point. Berkley Eshoo Kleczka b 2003 The Chair will not, at this point, de- Berman Etheridge Knollenberg termine whether the resolution con- Mrs. BIGGERT changed her vote Biggert Evans Kolbe stitutes a question of privilege. That Bilirakis Farr LaFalce from ‘‘yea’’ to ‘‘nay.’’ determination will be made at the time Bishop Fattah LaHood Mr. HAYES changed his vote from Blagojevich Ferguson Lampson designated for consideration of the res- ‘‘nay’’ to ‘‘yea.’’ Blumenauer Filner Langevin olution. Blunt Fletcher Larsen (WA) So the joint resolution was not Boehlert Foley Larson (CT) passed. f Boehner Forbes Latham Bono Ford LaTourette The result of the vote was announced LIMITATION ON DEBATE ON CER- Boozman Fossella Leach as above recorded. TAIN AMENDMENTS DURING Borski Frelinghuysen Lee f FURTHER CONSIDERATION IN Boswell Frost Levin THE COMMITTEE OF THE WHOLE Boucher Gallegly Lewis (KY) REPORT ON RESOLUTION PRO- OF H.R. 5120, TREASURY AND Boyd Ganske Linder VIDING FOR CONSIDERATION OF Brady (PA) Gekas Lipinski GENERAL GOVERNMENT APPRO- H.R. 4628, INTELLIGENCE AU- Brady (TX) Gephardt Lowey PRIATIONS ACT, 2003 Brown (FL) Gilchrest Lucas (KY) THORIZATION ACT FOR FISCAL Bryant Gillmor Lucas (OK) YEAR 2003 Mr. ISTOOK. Mr. Speaker, I ask Burr Gonzalez Luther unanimous consent that during further Callahan Goodlatte Lynch Mrs. MYRICK, from the Committee on Calvert Gordon Maloney (CT) consideration of H.R. 5120 in the Com- Rules, submitted a privileged report mittee of the Whole pursuant to House Camp Goss Maloney (NY) (Rept. No. 107–607) on the resolution (H. Cannon Granger Manzullo Resolution 488, debate on the following Cantor Graves Markey Res. 497) providing for consideration of amendments, and any amendments Capito Greenwood Mascara the bill (H.R. 4628) to authorize appro- thereto, be limited to the time speci- Capps Grucci Matheson priations for fiscal year 2003 for intel- Capuano Gutierrez Matsui fied equally divided and controlled by Cardin Hall (OH) McCarthy (MO) ligence and intelligence-related activi- the proponent and an opponent as fol- Carson (IN) Hansen McCarthy (NY) ties of the United States Government, lows: Carson (OK) Harman McCollum the Community Management Account, Castle Hart McCrery The amendment printed in the House Chambliss Hastings (FL) McDermott and the Central Intelligence Agency Report 107–585 shall be debatable for 12 Clay Hastings (WA) McGovern Retirement and Disability System, and additional minutes. Clayton Herger McHugh for other purposes, which was referred The amendment printed in the CON- Clement Hill McInnis to the House Calendar and ordered to Clyburn Hilliard McKeon GRESSIONAL RECORD and numbered 1 Combest Hinchey McKinney be printed. shall be debatable for 30 minutes. Condit Hinojosa Meehan f The amendment printed in the CON- Conyers Hobson Meek (FL) GRESSIONAL RECORD and numbered 5 Cooksey Hoeffel Meeks (NY) REPORT ON RESOLUTION PRO- Costello Hoekstra Menendez VIDING FOR CONSIDERATION OF shall be debatable for 20 minutes. The amendments printed in the CON- Coyne Holden Mica H.R. 4965, PARTIAL-BIRTH ABOR- Cramer Holt Millender- GRESSIONAL RECORD and numbered 9 TION BAN ACT OF 2002 Crane Hooley McDonald and 20 each shall be debatable for 10 Crenshaw Horn Miller, Dan Crowley Hostettler Miller, Gary Mrs. MYRICK, from the Committee on minutes. Cubin Hoyer Miller, George Rules, submitted a privileged report The SPEAKER pro tempore. Is there Cummings Hulshof Mink (Rept. No. 107–608) on the resolution (H. objection to the request of the gen- Davis (CA) Hyde Mollohan Res. 498) providing for consideration of Davis (FL) Inslee Moore tleman from Oklahoma? Davis (IL) Isakson Moran (KS) the bill (H.R. 4965) to prohibit the pro- Mr. MENENDEZ. Mr. Speaker, re- DeFazio Israel Moran (VA) cedure commonly known as partial- serving the right to object, and it is

VerDate Jul 19 2002 01:37 Jul 25, 2002 Jkt 099060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.160 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5291 not my intention to object but to clar- The CHAIRMAN pro tempore. When Does any Member rise in opposition to ify, the gentleman’s proposition here, the Committee of the Whole rose ear- the amendment? on unanimous consent, is that the 12 lier today, pending was the amendment Mr. ROEMER. Madam Chairman, I minutes on the Goss amendment are to printed in House Report 107–585 by the rise in opposition to the Goss amend- be divided 6 apiece. gentleman from Florida (Mr. GOSS), ment. Mr. ISTOOK. Mr. Speaker, will the and the bill was open from page 75, line The CHAIRMAN pro tempore. The gentleman yield? 11, through page 103, line 10. gentleman from Indiana (Mr. ROEMER) Mr. MENENDEZ. I yield to the gen- Pursuant to the order of the House of will control 6 minutes. tleman from Oklahoma under my res- today, debate on the following amend- Mr. ROEMER. I thank the Chairman. ervation of objection. ments, and any amendments thereto, Mr. DIAZ-BALART. Madam Chair- Mr. ISTOOK. The gentleman’s under- will be limited to the time specified, man, as the designee of the proponent standing is correct. equally divided and controlled by the of the amendment, am I correct that I Mr. MENENDEZ. Mr. Speaker, it is proponent and an opponent as follows: will, as the person controlling the 6 my further understanding that of those The amendment printed in House Re- minutes, have the right to close? 6 minutes, the Chair is going to be in- port 107–58 offered by the gentleman The CHAIRMAN pro tempore. In the structed as to how those 6 minutes are from Florida (Mr. GOSS) shall be de- absence of a committee Member in op- going to be divided. bated for 12 additional minutes; position; that is correct. Mr. ISTOOK. Mr. Speaker, if the gen- the amendment printed in the CON- Mr. DIAZ-BALART. As the designee tleman will continue to yield, the UC GRESSIONAL RECORD and numbered 1 of the proponent of the amendment, do request specifies divided equally be- shall be debatable for 30 minutes; I have the right to close? tween an opponent and a proponent of the amendment printed in the CON- The CHAIRMAN pro tempore. With- it. The UC request does not identify GRESSIONAL RECORD and numbered 5 out objection, the gentleman from specific Members who would claim that shall be debatable for 20 minutes; and Florida (Mr. DIAZ-BALART) will control time. the amendments printed in the CON- 6 minutes as the designee of the pro- Mr. MENENDEZ. Mr. Speaker, con- GRESSIONAL RECORD and numbered 9 ponent of the amendment. tinuing under my reservation of objec- and 20 each will be debated for 10 min- Mr. HOYER. Reserving the right to tion, let me ask an inquiry of the utes. object, Madam Chairman, I want to Chair. How will the Chair recognize in- Pursuant to the order of the House of make clear that a unanimous consent dividuals for those time frames on each today, the gentleman from Florida (Mr. has been propounded, which I think is side? GOSS) and a Member opposed, the gen- a fair one, and what that does, it gives It is my understanding that of the 6 tleman from Maryland (Mr. HOYER) one Democrat a proponent of the Goss minutes to each side, I was to receive 3 each will control 6 minutes on the Goss amendment and one Democrat who is of those 6, and I just want to make sure amendment. an opponent 3 minutes apiece; and on that that in fact take place. Mr. HOYER. Madam Chairman, I the other side, one Republican who is a Mr. HOYER. Mr. Speaker, will the want to clarify, because it is not fair proponent gets 3 minutes and one Re- gentleman yield? for me to claim all 6 minutes in opposi- publican who is an opponent gets 3 Mr. MENENDEZ. I yield under my tion, A, because I am not in opposition. minutes. reservation of objection to the gen- Madam Chairman, because the gen- I am not going to seek any time. I tleman from Maryland. tleman from New Jersey (Mr. MENEN- am for the proposed unanimous con- Mr. HOYER. Mr. Speaker, it is my DEZ) was concerned under the unani- sent irrespective of who closes or not. presumption that, as the ranking mem- mous consent that he might not get The proponent of the amendment, I ber, I would be recognized, and I would the time to speak, and he is not a presume, under the rules, would have tell the gentleman that I will yield him member of the Committee on Appro- the right to close. the 3 minutes. priations, in fairness, my under- Mr. DIAZ-BALART. Madam Chair- Mr. MENENDEZ. Reclaiming my standing with the gentleman from man, will the gentleman yield? time, Mr. Speaker, based upon that, I Oklahoma (Mr. ISTOOK), and I think Mr. HOYER. Madam Chairman, under withdraw my reservation of objection. everybody’s understanding, was that my reservation of objection, I yield to The SPEAKER pro tempore. Is there the proponents would have 6 minutes the gentleman from Florida. objection to the request of the gen- and the opponents would have 6 min- Mr. DIAZ-BALART. I am still trying tleman from Oklahoma? utes, so that my only intent, Madam to get an answer as to whether the pro- There was no objection. Chairman, is to ensure that the gen- ponent of the amendment has the right tleman from New Jersey (Mr. MENEN- to close. That is the first question I f DEZ) get his 3 minutes. I also want to would like answered. As the proponent TREASURY AND GENERAL GOV- ensure that the gentleman from Indi- of the amendment, do I get the right to ERNMENT APPROPRIATIONS ACT, ana (Mr. ROEMER) gets his 3 minutes. close? 2003 So I am not claiming the time. The CHAIRMAN pro tempore. Mem- The SPEAKER pro tempore. Pursu- Mr. ROEMER. Madam Chairman, we bers will suspend for a moment. ant to House Resolution 488 and rule need a clarification. I think the gen- Mr. HOYER. Madam Chairman, it is XVIII, the Chair declares the House in tleman from Maryland rose to claim my perception there is not opposition the Committee of the Whole House on the time in opposition to yield 3 of the to the unanimous consent request, but the State of the Union for the further 6 minutes to the gentleman from (Mr. I may be wrong. consideration of the bill, H.R. 5120. MENENDEZ). The CHAIRMAN pro tempore. The The gentleman from New Jersey (Mr. Chair will state her current under- b 2008 MENENDEZ) is a proponent of Goss and standing. The 6 minutes in opposition IN THE COMMITTEE OF THE WHOLE not in opposition to Goss. So we may will be controlled by the gentleman Accordingly, the House resolved need a unanimous consent agreement from Indiana (Mr. ROEMER), the 6 min- itself into the Committee of the Whole here to agree that the gentleman from utes for the proponent will be con- House on the State of the Union for the New Jersey (Mr. MENENDEZ) gets 3 min- trolled by the gentleman from Florida further consideration of the bill (H.R. utes; that the gentleman from Florida (Mr. DIAZ-BALART). The gentleman 5120) making appropriations for the (Mr. DIAZ-BALART) gets 3 minutes in from Florida (Mr. DIAZ-BALART) will Treasury Department, the United supporting the Goss amendment; that have the right to close. States Postal Service, the Executive the gentleman from Arizona (Mr. The Chair recognizes the gentleman Office of the President, and certain FLAKE) and the gentleman from Indi- from Florida (Mr. DIAZ-BALART). Independent Agencies, for the fiscal ana (Mr. ROEMER) get 3 minutes each in Mr. HOYER. Madam Chairman, as I year ending September 30, 2003, and for opposition to the Goss amendment. understand, there was a unanimous other purposes, with Mrs. BIGGERT The CHAIRMAN pro tempore. The consent request propounded subsequent (Chairman pro tempore) in the chair. Chair mistook the attitude of the gen- to the first unanimous consent, and The Clerk read the title of the bill. tleman from Maryland (Mr. HOYER). that unanimous consent was of the

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.214 pfrm17 PsN: H23PT2 H5292 CONGRESSIONAL RECORD — HOUSE July 23, 2002 gentleman from Indiana (Mr. ROEMER) she had as a senior analyst on the Mr. Castro, who I have no respect for suggesting that there be in effect, an United States, and she was specifically and want to see out of power, he has amendment to the first unanimous instructed to discredit Cuban defectors’ been in power for 42 years. What is the consent and that that amendment reports of Cuba’s biological weapons best way to get rid of him? The best would be that the gentleman from development. way is to have American travel go, and Florida (Mr. DIAZ-BALART) has 3 min- Then we saw the Cuban spy ring in students and business leaders and utes and controls that, that the gen- the south of Florida. These are all American ideas get to Cuba. Those tleman from New Jersey (Mr. MENEN- agents of the Castro regime, who has ideas, those beliefs, that American free DEZ) has 3 minutes, that the gentleman enough money to put all of these peo- enterprise system, students from col- from Indiana (Mr. ROEMER) have 3 min- ple here in Cuba and to have them be leges, farmers to help the Cubans open utes in opposition, and that the gen- able to create these operations; how- up their newly announced 300 freely tleman from Arizona (Mr. FLAKE) have ever, does not have enough food to put priced farmers’ markets, new micro- 3 minutes in opposition. on the plates of Cuban families back in enterprises open around Cuba, that is It seems to me that we all here, I Cuba, including that of my family. the way to open up that government think, agree that that would be the dis- What did this spy ring, when they came and change it. tribution of time. before the judge and pleaded in some Now it may not topple Castro, but 42 cases, say? That they sent detailed in- years of failed policy is not going to do b 2015 formation. On what, on the United it, either. Let us try something new. The CHAIRMAN pro tempore (Mrs. States Postal System to Cuba. What a Let us move our ideas forward. Let us BIGGERT). The Chair has allocated time boring issue, the United States Postal not let Castro stay in power any to two Members, one as proponent and System. But we add Castro’s visit to longer. Church groups, students, Amer- one as opponent, and those gentlemen Iran right before September and May, ican beliefs, American tourists going may yield to other Members who re- add the Defense Intelligence spy giving into taxicabs and hotels, spending our quest time. all of our sensitive information and time and our ideas down there, that is Mr. DIAZ-BALART. Madam Chair- giving us all of the wrong information the American tradition to change this man, the Chair has stated that the op- about Cuba, look at the pleas that took policy. Vote against the Goss amend- position to the amendment has 6 min- place in the Southern District of Flor- ment and for the Flake amendment. utes and the proponents of the amend- ida and the statements made there, and Mr. Chairman, I yield 3 minutes to ment have 6 minutes, and we have the we have more than enough to be con- the gentleman from Arizona (Mr. right to close. cerned about this benign regime that FLAKE), since the gentleman from Flor- There is 6 minutes in opposition to some would paint here on the floor. ida (Mr. DIAZ-BALART) has the right to the Goss amendment, and I will yield 3 Vote for the Goss amendment for a close. minutes to the gentleman from New whole host of reasons. Mr. FLAKE. Mr. Chairman, I rise in Jersey (Mr. MENENDEZ), and then I will Mr. ROEMER. Mr. Chairman, I yield strong opposition to the Goss amend- close. 20 seconds to the gentleman from ment. This debate is all about consist- The CHAIRMAN pro tempore. The Michigan (Mr. SMITH). ency, and it is interesting that we have Mr. SMITH of Michigan. Mr. Chair- gentleman from Florida (Mr. DIAZ- been debating for the past 10 minutes man, the Goss amendment means that BALART) controls 6 minutes, and is rec- who gets what amount of time to argue we continue what has not worked for ognized. what position. If we think about it, the the last 41 years. Mr. DIAZ-BALART. Madam Chair- other side of this debate has had 42 man, I yield 3 minutes to the gen- One of the certifications that the President has to make is that Cuba is years to make this debate, to make tleman from New Jersey (Mr. MENEN- not providing technology that could be their side of the debate. Forty-two DEZ). used to produce, develop, or deliver bi- years. Forty-two years we have had the Mr. MENENDEZ. Madam Chairman, ological weapons, and the President same failed policy. Castro is still every after 10 years in the House, and as the could not even make this certification bit the thug he was 42 years ago. He is ranking Democrat on the Sub- for the United States. still very much in power, and the ques- committee on the Western Hemisphere, Mr. ROEMER. Mr. Chairman, I yield tion occurs after 42 years, it is about it is amazing on an issue that is vital myself 2 minutes, 40 seconds. time that we decide maybe we need a to my district and my constituency Mr. Chairman, this whole debate change here. Maybe we ought to be how I have to fight for time on the started several months ago when the consistent with what we are doing in floor, but I appreciate the gentleman Under Secretary of State said, ‘‘The the rest of the world. yielding me this time. United States believes that Cuba has at We not only allow, we encourage President Bush came to this Chamber least a limited offensive biological war- tourists and others to travel to China, and said of countries who support ter- fare research and development effort.’’ even though China is very much en- rorism, you are either with us or you Now, one of the first people I would gaged in shipping arms, and who are against us. It is amazing to me how go to if I heard that kind of accusation knows, maybe biological weapons. I have heard some of my colleagues about a country 90 miles from our They certainly have the capacity. If come to the floor and begin to equivo- shore would be the Secretary of De- Cuba does, they do. So does Albania, cate. I remember the standing ovation fense, Mr. Rumsfeld, a very respected for that matter. Iran very much has the President received when he said individual. At a press conference he the capacity. If we believe the other that, about whether some terrorists said this on May 29 in the St. Peters- side, they got it from Cuba. Are we are okay and others are not. burg Times about that statement in saying that we should not travel to For the purposes of this amendment, the State Department. ‘‘I haven’t seen Iran? No. We are saying Americans are let me just put Cuba under Castro in the intelligence that apparently led our best ambassadors all over the context. On May 10, 2001, Castro visited Under Secretary Bolton to make those world, yet we say not to Cuba. It is Iran and he said, ‘‘Iran and Cuba in co- remarks.’’ time for that policy to change. operation with each other can bring If the Secretary of Defense, fighting The other side will say this is all America to its knees. The United a war against terrorism, saying you are about terrorism. Last year 240 Mem- States regime is very weak, and we are with us or against us, does not have bers of this body said we need a change. witnessing this weakness from up that, where does it come from? The We need a change. At that point the close.’’ Secretary of State said when he heard other side stood up and said it is about Then we found out that Ana Montes, that quote, and here is another quote, political prisoners. That was the killer who was a senior analyst for our De- ‘‘We did not say Cuba actually had amendment to the Flake amendment fense Intelligence Agency of the United such weapons, but it has the capability last year. Terrorism was not the chic States, was a Cuban spy. She gave us and capacity to conduct some re- issue it is this year; it was political all of the wrong information and anal- search.’’ prisoners. That was brought up and ysis on Cuba, and gave the Cubans and Mr. Chairman, let us talk about the said, well, Castro has to release polit- Castro all of the sensitive information facts here. The facts are that Cuba and ical prisoners. This year, is political

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.215 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5293 prisoners in the Goss amendment? No. forth. This guy, this gentleman here, not enjoy any of the rights common to free It is terrorism. who happens to be in prison, his name people. Are they saying we should allow is Padilla, because he was preparing a The Cuban government is sensitive to its tourism just as long as there is no ter- dirty bomb that he wanted to throw citizens contacting foreigners, in particular rorism, even though Castro has not re- here in Washington, and let us say that human-rights activists. During President leased political prisoners? No. This is he is able to get out of prison and he Carter’ visit, Castro put up a show for the ben- simply a killer amendment; let us take wants to go where there are already efit of foreign audiences by allowing Mr. Carter it for what it is. thousands of other terrorists given safe to meet with a number of prominent rights ac- If we are concerned about terrorism, harbor by the only terrorist regime in tivists. However, as soon as the former Presi- I would submit that the best thing to this hemisphere. Under the Flake dent left the Island, the Cuban regime put in do is defeat the Goss amendment and amendment if Goss does not pass and motion a massive effort to neutralize the approve the Flake amendment. We the President is out of the picture, this ephemeral achievement of the activists. have to realize that the Office of For- man, or any other man, cannot be li- Presently Castro is trying to amend the eign Assets Control at the Treasury censed, cannot be checked, cannot be Cuban constitution, so that the authoritarian Department spends between 10 and 20 reviewed, suitcases cannot be opened; system will become forever entrenched not percent of its resources tracking down he gets to go to the only terrorist state only de facto, but also in the law. grandmothers from Iowa who happen 90 miles from here without our Treas- Mr. Chairman, it is my opinion that this is to go on a bicycling trip to Cuba. ury Department, where we are spend- certainly not the time to soften American poli- Last year a man from the State of ing 40 percent of the money of the Fed- cies towards Cuba. Indeed, a policy of accom- Washington went to Cuba for 24 hours eral Government for security on this modation towards Castro will also encourage to spread his parents’ ashes at the bill. Not one cent can be spent to check him and other dictators. It will also discourage church they built in the 1950s. That him or any other terrorist that wants fragile democracies that happen to be bur- man returned to a $7,500 fine from the to go to the only terrorist state in this dened by economic downturns, or political up- Office of Foreign Assets Control. Now hemisphere. That is what the Flake heavals. the Office of Foreign Assets Control’s amendment would do if Goss does not Peoples and governments around the world job is to shut down the international pass. are watching our policies towards Cuba as a terrorist network. How can they do What does Goss say? That the Presi- bench mark to our commitment to the spread that if they are spending all of their dent has to be in the mix, that the of democracy. Let’s not discourage those time chasing down tourists or others President has the authority, has to seeking freedom on the Cuban island and in who are going to Cuba for innocent rea- have the authority in this war on ter- other places. Let’s stay fast and send the sons? It is time to defeat the Goss rorism to check this man and to check message that a long as there is no hope af- amendment. his suitcase and to license him. forded to the people of Cuba by its present re- Mr. DIAZ-BALART. Mr. Chairman, I It is not illegal to go to Cuba. A num- gime, the United States will not change its yield myself 3 minutes. ber of colleagues went to Cuba. Here is policies. Mr. Chairman, what is new is that the gentleman from Massachusetts The question is on the amendment some hijackers smashed into the World (Mr. MCGOVERN). Here is the gentleman offered by the gentleman from Florida Trade Center killing thousands of peo- from Arizona (Mr. FLAKE). They love to (Mr. GOSS). ple and killed some heroes also in the go to Cuba. They love the mojitos on The question was taken; and the Pentagon. What is new is that the ad- the beach where the Cubans cannot go. Chairman announced that the ayes ap- ministration has made public for the But this man, this man, this man—— peared to have it. first time something that the intel- Mr. OBEY. Mr. Chairman, I demand Mr. FLAKE. Mr. Chairman, I demand ligence community came to the conclu- that the gentleman’s words be taken a recorded vote. sion about in 1999, and that is there is down. The CHAIRMAN. Pursuant to clause a biological weapons program in Cas- Mr. DIAZ-BALART. You know it is 6 of rule XVIII, further proceedings on tro’s Cuba. That is what is new. true. You know it is true. the amendment offered by the gen- It is not a fetish, I think that is word Mr. OBEY. I want the rules enforced. tleman from Florida (Mr. GOSS) will be of the gentleman from Arizona (Mr. The CHAIRMAN. The gentleman postponed. FLAKE), or fad, when we are talking from Florida will be seated. AMENDMENT NO. 1 OFFERED BY MR. FLAKE about protecting American citizens. If The Clerk will report the words. Mr. FLAKE. Mr. Chairman, I offer an the Flake amendment passes without amendment. b 2041 the Goss amendment, it is not going to The CHAIRMAN. The Clerk will des- be a SCUD missile. Let us say that Cas- The CHAIRMAN. The Chair recog- ignate the amendment. tro happens to be wrong and that his nizes the gentleman from Florida (Mr. The text of the amendment is as fol- denial of the fact that he has biological DIAZ-BALART). lows: weapons is a lie, like he denied 40 years Mr. DIAZ-BALART. Mr. Chairman, I Amendment No. 1 offered by Mr. FLAKE: ago that he had another kind of weap- understand I was not out of order. I At the end of the bill, insert after the last section (preceding the short title) the fol- on. I think it was a nuclear weapon, he certainly meant no offense. Does the gentleman from Wisconsin lowing new section: was denying that. Happened to be SEC. . (a) None of the funds made avail- wrong. (Mr. OBEY) insist on his demand? able in this Act may be sued to administer or Mr. OBEY. Mr. Chairman, it is not b 2030 enforce part 515 of title 31, Code of Federal worth it. Regulations (the Cuban Assets Control Regu- Let us say that he happens to be The CHAIRMAN. The gentleman lations) with respect to any travel or travel- wrong again and that he does have bio- withdraws his demand. related transaction. logical weapons, as our intelligence Mr. GILMAN. Mr. Chairman, in recent years (b) The limitation established in sub- community says so and has said so re- there has been a growing body of second- section (a) shall not apply to the issuance of peatedly, not just Mr. Bolton, Mr. guessing about the adequacy of the policies of general or specific licenses for travel or travel-related transactions, and shall not apply Ford, the head of the State Depart- the United States toward Cuba. to transactions in relation to any business ment intelligence department, the in- However, President Bush made it clear in a travel covered by section 515.560(g) of such telligence community. By the way, recent speech why there is no real justification part 515. they have both said that there is a lot for a change of policy by his Administration. The CHAIRMAN. Pursuant to the more that the intelligence community Unfortunately, the Castro regime continues order of the House of today, the gen- does not let them say. There is a lot to engage in severe human rights abuses. Cu- tleman from Arizona (Mr. FLAKE) and a more that we know. bans are deprived from the basic right of Member opposed each will control 15 Let us say that Castro does have bio- choosing their government by free elections. minutes. logical weapons. Let us just say. It is Political prisoners are maltreated, to the extent The Chair recognizes the gentleman not a fad now. Let us just say. He is that some die in detention as a result of the from Arizona (Mr. FLAKE). not going to use Scud missiles. He has physical abuse and the lack of subsequent re- Mr. FLAKE. Mr. Chairman, I yield got a lot of travelers going back and quired medical attention. Citizens in Cuba do myself such time as I may consume.

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.218 pfrm17 PsN: H23PT2 H5294 CONGRESSIONAL RECORD — HOUSE July 23, 2002 Mr. Chairman, may I just state for we go to China and Russia and Viet- engage. But this is different. We have the record for the folks at home, I am nam, must be ended. information that should gravely con- Mormon and I do not drink mojitos, or With that, Mr. Chairman, I call for a cern us. whatever they are. yes vote on the Flake amendment. I Let me tell you why I have changed Mr. Chairman, I appreciate this op- encourage Members to vote for the my position: Because I would rather be portunity to stand in support of the Flake amendment. safe than sorry. I would rather be safe Flake amendment. What the Flake The CHAIRMAN. Does any Member than sorry. I do not want to come back amendment simply says is that this is oppose the amendment? to this floor because somebody from all about freedom. Our government Ms. ROS-LEHTINEN. Mr. Chairman, Cuba was involved in a terrorist action should not tell us where we can and I claim the time in opposition. in this country and we promoted open cannot travel. It is a fundamental right The CHAIRMAN. The gentlewoman travel between the U.S. and Cuba. I am of every American to travel. Every one from Florida (Ms. ROS-LEHTINEN) is changing because I am better informed, of us ought to have the right to go to recognized for 15 minutes. and the world has changed. Cuba to see what a mess Fidel Castro Ms. ROS-LEHTINEN. Mr. Chairman, Mr. FLAKE. Mr. Chairman, I yield has made of that island. We should I yield 3 minutes to our friend, the gen- myself such time as I may consume. have that right firsthand. tleman from Tennessee (Mr. WAMP), to Mr. Chairman, I just want to point That is what this amendment is all speak in opposition to the Flake out, it was said you cannot travel to about. When you strip away everything amendment, an amendment which runs Syria. You can travel to Syria. You else, should you be allowed the right to contrary to the spirit and letter of our can travel to Iran. You can travel to travel to Cuba, or anywhere else you U.S. anti-terrorism policy. North Korea. You can travel to China. want, or should your government tell Mr. WAMP. Mr. Chairman, I thank So that is not the issue. The issue is you where you can and cannot travel? the gentlewoman for yielding me time. consistency here. Mr. Chairman, I yield 2 minutes to Mr. Chairman, I want to say I have Mr. Chairman, I yield 2 minutes to the gentleman from Wisconsin (Mr. the greatest respect for the gentleman the gentleman from Arkansas (Mr. RYAN). from Arizona. He is as solid as a rock SNYDER). Mr. RYAN of Wisconsin. Mr. Chair- and totally believes in his position Mr. SNYDER. Mr. Chairman, I thank man, I thank the gentleman for yield- here. In previous years, I have actually the gentleman for yielding me time. ing me time. supported him and Mr. Sanford before Mr. Chairman, the point bears re- Mr. Chairman, the greatest antidote him on opening up travel. I supported peating that we are talking about hav- to totalitarianism is an informed mind. the gentleman from Washington (Mr. ing a foreign policy that makes sense I would like to read a quick passage NETHERCUTT) at the Committee on Ap- and has made sense in the past and will from an independent journalist, a dis- propriations with regard to food and in the future. We have decided that na- sident in Cuba, Oscar Espinosa Chepe: medicine. tions with whom we disagree, who have ‘‘The passage of the House amendment But I have to tell you, the question foreign policies with whom we dis- last year to end the travel ban reflects was asked earlier what has changed, agree, what should be our policy to- a public opinion that every day under- and I rarely have changed my position ward them with regard to Americans stands more clearly that the effort to on any issue over the last 8 years, but traveling to those nations? isolate Cuba has only increased the suf- today I am going to change my posi- We have disagreed with Syria very fering of the Cuban people and tion on this issue after careful research vigorously, yet we have said Americans strengthened the positions of the most because the world has changed. It can travel there. We have disagreed recalcitrant elements in the Havana re- changed September 11, and we have to and continue to disagree very vigor- gime. Experience demonstrates that listen to our intelligence community ously with Iran and their support of isolationism breathes life into totali- and make informed decisions. terrorist groups, but we have said tarianism. It helps it exercise control Why should we be concerned? Well, Americans can travel there. We have over citizens subjected to its power and the President has said those nations had problems with China and Russia to reinforce its monopoly over their that harbor terrorists are terrorists and their support through equipment minds. On the other hand, contact be- and should be treated as such. A gen- and materials to countries we think tween peoples free individuals from tleman just compared China, Vietnam should not get those materials because falsehoods and from the lies without or other countries such as that, to of the weapons systems they might be dignity to which they are obliged to Cuba. There are no allegations that I used for. But we say, Americans, you lead.’’ know of of those nations harboring ter- can travel to China; Americans, you Mr. Chairman, it has been the Amer- rorists. We have concerns in our intel- can travel to Russia. ican policy from Republican presidents ligence community about Cuba har- The one country that we have this and Democrat presidents that we en- boring terrorists. policy with is Cuba. So we are now see- gage; it has been in the American pol- What about the proliferation, producing this bogeyman created, that some- icy that we engage the Soviet Union, tion, of biological weapons? We have how September 11 is related to the last that we engage China, that we, just a information in our intelligence com- 43 years of a failed policy. few minutes ago, voted to engage Viet- munity that Cuba is up to no good. Well, in my view, what this debate nam. Somebody said that we should try should be about tonight is what in- We should do the same with Cuba. something new after 42 years. Mr. creases the chances of the people of The simple reason is that it has been a Chairman, this is not the time to try Cuba growing up in freedom and grow- bedrock principle of American policy something new. This is the most seri- ing up in democracy and knowing a that travel is a device that opens ous time in the history of our country. market economy. I was in Cuba the closed societies. American travelers We have got to be extremely careful. first week of January with several are our best ambassadors. They carry This is not a trade issue where you do members of Congress. I took this pic- the idea of freedom to people from want to promote travel and open up ture at a church in Cuba. It is the same communist countries. There is no rea- markets. This is a national security town where Elian Gonzales now lives. son to make this exception for Cuba. issue and should than treated as such. To me, this is the future of Cuba. We want Americans to go down and We need to treat Cuba like Syria, not What increases their opportunity to exchange ideas, to show them the taste like Mexico. There is a huge difference. grow up in freedom? Is their oppor- of freedom, to know what kind of bru- I am going to listen to the gentleman tunity for freedom increased by having tal totalitarian regime they are living from Florida (Mr. GOSS) and our intel- Americans never see them, by having under. A people cannot rise up and ask ligence community, not Fidel Castro Americans never come to their church for alternatives if they are not ac- and his propaganda. and visit with them and talk about quainted with those alternatives. Mr. Chairman, I agree in principle America? Is that what increases their We are simply saying this 42-year with the issues that bring those pro- chances of freedom, of knowing what practice of turning our backs, of look- ponents of this amendment to the floor freedom is about, of hearing them talk, ing inward, of being hypocrites while today on opening markets and how to as we did, with people in Cuba about

VerDate Jul 19 2002 01:37 Jul 25, 2002 Jkt 099060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.223 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5295 what it means to have freedom of the weapons to probably be used to ‘‘bring the Bush administration said they will press? Why is The New York Times not America to its knees.’’ Why do we want veto this bill, or at least they are like- available? Why do not you let people to be the first one to blink? ly to, and I will give the specific lan- have open newspapers? That is what this is about. Why are guage in a second, but that they are I think that what will increase their we blinking first? Castro is on his way likely to veto this appropriations bill if chances for freedom is what we do to- out. I think the amendment of the gen- the language comes through that lim- night. Vote no on the Goss amendment tleman from Washington (Mr. its the embargo. and for the Flake amendment. NETHERCUTT) last year probably has A statement from the administration Ms. ROS-LEHTINEN. Mr. Chairman, done some humanitarian good, al- said that the administration under- I yield 3 minutes to the gentleman though it is hard to say, because I stands that an amendment may be of- from Georgia (Mr. KINGSTON). know when we go over there, we get fil- fered on the House floor that would Mr. KINGSTON. Mr. Chairman, I tered information. weaken current sanctions against the thank the gentlewoman for yielding me Cuban government. The administration b 2055 time. believes it is vitally important to I think in so many ways this debate But why do we want to start giving maintain these sanctions. is about our government versus their him a money train called tourism? I The function of the travel sanctions government, and our government is know about the tourism game. I rep- is to prevent unlicensed tourism to about democracy. It is about a repub- resent coastal Georgia. It is our num- Cuba that provides economic resources lic. Their government is about really ber one industry from Savannah to to the Castro regime, while doing noth- one guy basically, Fidel Castro. Saint Simons to the Sea Islands, all ing to help the Cuban people, and these What is wrong with him? Well, let us over. Tourism is a money train. Why sanctions should not be removed. It just start with the fact that he came do we want to give it to Fidel Castro? goes on to say, as noted in the July 11 into power by hoodwinking people, by Mr. Chairman, I reluctantly oppose a letter from Secretaries Powell and stealing hotels, properties, and in friend, but I do urge my colleagues to O’Neill, the President’s senior advisor many cases, breaking up families and enthusiastically vote ‘‘no’’ on the recommended he veto a bill that con- executing many of them. He is pro- Flake amendment. tains such changes. communism, he is anti-American, and Mr. FLAKE. Mr. Chairman, I yield 1 This bill, the Treasury-Postal bill is, the other thing is he is bankrupt. minute to the gentleman from Massa- for 2003, a homeland security bill. The In Cuba right now, their debt is $11 chusetts (Mr. MCGOVERN). committee provides over $4 billion in billion. Venezuela, one of their strong- Mr. MCGOVERN. Mr. Chairman, I support of the homeland security ef- est allies, suspended oil shipments rise in very strong support of the Flake fort. It establishes a separate appro- based on the fact that Cuba owes them amendment, quite simply because I priation for the Office of Homeland Se- $63 million. Right now, Cuba owes Rus- firmly believe it is the right of all curity. This bill is our bill for home- sia $20 billion. Now, when you get in a Americans to be able to travel wher- land security. The President and the position like this and you are not ex- ever they wish. administration make the point that actly a Sunday school teacher from I support this amendment because I this weakens the bill. Cuba is a known next door, you are liable to cut some believe the current sanctions on travel harborer of international terrorists, deals with some unsatisfactory char- to Cuba go against the very traditions has strong ties to other terrorist acters. and democratic values that make the states. That is what this is about. This is United States so respected in the eyes Castro said in a meeting last year not about your good constituents or of the world community. with the Iranian leader that Iran and my good constituents going to Cuba. I trust the people of America. They Cuba, in cooperation with each other, Indeed, last year alone 156,000 Ameri- are not fools. They should be able to can destroy America. Quote: ‘‘The cans went to Cuba. This is about people see firsthand, freely and whenever they United States regime is very weak and that you want to keep track on that choose, both the good and bad about we are witnessing this weakness from might be going over there to hide, just today’s Cuba. They do not need the close up,’’ end the Castro quote there. like an old outlaw post. Federal Government to censor what Ending the embargo would assist ter- Here is a quote from Castro that they see or how they might experience rorists in using Cuba as a forward oper- gives his sentiments. This, by the way, Cuba. ating base miles off our shore. Accord- is from May 10, 2001, just on the eve of I believe that increased travel by ing to Secretary of State Powell and 9/11. ‘‘Iran and Cuba, in cooperation Americans and others would make Secretary of the Treasury O’Neill in a with each other, can bring America to Cuba less insular and more exposed to recent letter to the chairman of the its knees. The U.S. regime is very weak American ideas. Committee on Appropriations, the gen- and we are witnessing this weakness I believe Cuban Americans should tleman from Florida (Mr. YOUNG), they from close-up.’’ have the right to visit their relatives said that the Cuban government has re- Why would you say that if you are as often as they wish, without seeking fused to cooperate with the global coa- pro-American? What interest that the approval of the U.S. Government. lition’s efforts to combat terrorism, re- would be pro-American that would say This is not a debate about whether fusing to provide information about al you would bring America to its knees? U.S. citizens should travel to an un- Qaeda. On November 13, 2002, the Cuban That is a statement of war. It is a democratic or repressive country. If Foreign Minister delivered a speech at statement of antagonism. that were true, then Americans would the United Nations in which he accused Let us add on these statements. Here not be able to travel to China, Viet- the United States of war atrocities in is something from John Bolton, the nam, Burma, Sudan, Syria, Iran, and Afghanistan. And on June 8, Castro Under Secretary for Arms Control. North Korea. But Americans travel compared President Bush’s terrorism ‘‘Cuba has at least a limited offensive freely to these countries, as is their policies to Nazi Germany’s efforts to biological warfare research and devel- right. Why then do we continue to pro- assert world hegemony, suggesting opment effort. Cuba has provided dual- hibit the travel to Cuba? that the administration permitted the use biotechnology to other rogue Vote ‘‘yes’’ on the Flake amendment. 9/11 attacks in order to ‘‘reshape the States like Iran, probably Iraq, prob- Ms. ROS-LEHTINEN. Mr. Chairman, world as they wish.’’ ably Syria, probably a dozen others I yield 3 minutes to the gentleman This is not a regime to send money that we do not know about. We are from Missouri (Mr. BLUNT). to. This is not a regime to open the concerned that such technology could Mr. BLUNT. Mr. Chairman, I thank sanctions up with. It is clear at this support bioweapons programs in those the gentlewoman for yielding me this time where our administration thinks States.’’ time. I appreciate my good friend, the we need to be in this regard. This is not So you have got a guy who is a one- gentleman from Arizona (Mr. FLAKE), a time to reevaluate this policy, and I man dictatorship, a guy who is bank- and the amendment he has brought to urge that we defeat the amendment. rupt, a guy who is anti-American, and the floor, but I rise to disagree with Mr. FLAKE. Mr. Chairman, I yield a guy who is developing biological the amendment and to point out that myself 15 seconds.

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.224 pfrm17 PsN: H23PT2 H5296 CONGRESSIONAL RECORD — HOUSE July 23, 2002 Mr. Chairman, I would like to point Cuba. There has been no mitigation of Miami this week to have a press con- out that Secretary O’Neill, in testi- the human rights abuse. It has gotten ference where he was awarded with mony before the Senate just a few worse in Cuba over this last several some medals for his bravery, which he months ago, stated that if it were up to years. It is Pollyannaish, I would say truly deserved, but it was also to point him, he would basically agree to my to my colleagues who think otherwise. a finger, if you will, at the person that amendment. He would not enforce the There is also another dark side. The he suspected of being the Cuban inter- travel ban because it takes away Protection Project just recently came rogator and torturer in Vietnam. money from terrorism. out with a report again about human Well, as it turns out, it was a very in- Mr. FLAKE. Mr. Chairman, I yield 1 trafficking and sexual exploitation. I teresting article, and after he was minute to the gentlewoman from Cali- am the prime sponsor of landmark awarded these pins, the colonel fornia (Ms. SOLIS). human trafficking law, and we have stunned everybody in the room by say- Ms. SOLIS. Mr. Chairman, I rise in seen an increase in sexual tourism in ing, you know, let me say something. strong support of the Flake amend- Cuba. Here is what the Protection The best way to topple communism ment. I had the opportunity on two oc- Project says. Canadian sex tourism is and I quote, in today’s Cuba, he said, casions to visit Cuba, and I went there largely responsible for the revival of ‘‘is by establishing relations with Fidel out of curiosity to also see what many child prostitution. So there is a dark Castro. Communism collapsed in East- of my constituents have come to tell side to this seeming panacea of travel. ern Europe because we showed them me, and that is that there are some op- Let me also point out to my col- how we live. I have to believe the same portunities there, cultural exchange, leagues that Cuba continues to share thing will happen with Cuba.’’ educational opportunities. the dubious distinction of being named That is Retired Air Force Colonel Ed When I came back from my first trip, a terrorist state by the Department of Hubbard, a POW, tortured in Vietnam I noticed that on the plane coming State. They join the infamous and the by a Cuban, who very strongly believes back, there were 20 students from Mt. cruel, six other rogue nations: Iran, that we should open the door with San Antonio College that were playing Iraq, Libya, North Korea, Sudan and Cuba. I think that says it all. in athletic games with students in Syria. Mr. FLAKE. Mr. Chairman, I yield 2 Cuba, and I asked them, what was your I think in this stage of the debate, it minutes to the gentleman from Massa- curiosity? What did you think about is worth reiterating that the Goss chusetts (Mr. LYNCH). the Cuban government? What did you amendment would merely require that Mr. LYNCH. Mr. Chairman, I thank think about the people there? Many of before we provide the means for Castro the gentleman for yielding me this them said that they were very sup- to obtain millions of dollars in reve- time. portive and felt that they were a part nues for his dictatorship, that three The starting point for this debate of a student group there that they mutually reinforcing homeland secu- this evening should be that Americans could work on different issues and rity criteria are met: That the Cuban have a constitutional right to travel, learn about each other and break down government does not process and is not and history shows us that the Framers those barriers that we hear about every developing biological weapons that of the Constitution and the signers to single day here by some of the rhetoric threaten the U.S.; that Cuba is not pro- the Declaration of Independence that we are even hearing here tonight. viding terrorist states or terrorist or- thought it was an inalienable right and I met with students, medical stu- ganizations technology that could be one that came from natural law and dents from California, from Boston, used to produce, develop, or deliver bi- that governments were given a duty to from New York, who are there because ological weapons; and that Cuba is not protect. they cannot get into medical schools providing support or sanctuary for here, who are learning about how to be- international terrorists. These are ex- I have heard three arguments from come professionals in the health career ceedingly important criteria. the opponents of lifting this travel ban. field. That is one of the reasons why I I would say to my colleagues, if you The first is that because we disagree went. do not think they are relevant, vote for with the policies of Castro that we Trade promotion also needs to be a the Flake amendment. If you think should prevent our citizens from trav- part of this discussion. they are relevant, I would ask you to eling to Cuba; yet, if we look across the Ms. ROS-LEHTINEN. Mr. Chairman, vote for the Goss amendment and globe, there are many, many regimes I yield 3 minutes to the gentleman against the Flake amendment. If you that we disagree with on policy rea- from New Jersey (Mr. SMITH). think that the Cuban dictatorship is sons: China, for one, Iran for another; Mr. SMITH of New Jersey. Mr. Chair- clean, you should also vote for the Goss but on a daily basis, our citizens are al- man, first, so the record is clear, Paul amendment. What is there to hide? Let lowed to travel there. So that is not O’Neill, the Secretary of the Treasury, the scrutiny begin. Let a full-scale, one that holds up. has cosigned a letter with Secretary presidential review and determination Secondly, we have heard that history Colin Powell to the gentleman from be made to ensure whether or not bio- precludes it, as in the Bay of Pigs, I Florida (Mr. YOUNG) saying that we logical weapons in Cuba are real. If you had heard that referred to earlier. Well, would recommend that the President think, as I do, that the dictatorship we just debated earlier this evening a veto such legislation if it reaches his poses very serious threats to the safety bill that would establish trade with desk with the Flake amendment or any and well-being of Americans, then I Vietnam, our citizens are allowed to go language that weakens current policy. would urge my colleagues to vote for there. And what about Vietnam? We So let us be very clear about that. the Goss amendment. lost 48,000 American boys in a war with Let me also point out to my col- Mr. Chairman, let us not forget, that country, and yet we allow our leagues that travel to Cuba by Ameri- Fidel Castro is a dictator, a mass tor- citizens to go there. So it is not history cans is permitted, providing it is with turer, and he is a terrorist. Just look that precludes it. a purpose. There are 13 broad cat- at the country’s human rights prac- Lastly, probably the thinnest argu- egories for which travel may be author- tices. It is unconscionable. The recent ment is that argument around ter- ized. Something on the order of 200,000 State Department Report makes it rorism. I just want to remind people people visited Cuba last year, so travel very clear people are routinely beaten that when we rounded up the Taliban, does take place, but it has to have a for their beliefs. when Secretary of Defense Rumsfeld purpose. Vote ‘‘yes’’ on Goss. rounded up the al Qaeda suspects in Af- There is a dark side to Cuba travel as Mr. FLAKE. Mr. Chairman, I yield ghanistan at the Battle of Kandahar, well. Some of my colleagues think the 11⁄2 minutes to the gentlewoman from where did they send them? They sent travel is a panacea if we just have un- Missouri (Mrs. EMERSON). them to Guantanamo Bay in Cuba. If fettered travel, somehow human rights Mrs. EMERSON. Mr. Chairman, I there was any chance of Cuba being a abuses will be ameliorated and we will read an interesting article in today’s hotbed of terrorist activity, that never see some changes. That has not hap- Washington Times about a retired Air would have happened. pened with the Canadians, with Euro- Force colonel, Ed Hubbard, a former Mr. Chairman, I ask Members to sup- peans and others who routinely go to POW in Vietnam, who traveled down to port the Flake amendment.

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.227 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5297 Mr. FLAKE. Mr. Chairman, I yield ror, agents like Fidel Castro. To deny, age it. Yet, in Cuba, we say we will go 11⁄2 minutes to the gentleman from impair and expose. That is precisely a different route. We will isolate. Washington (Mr. NETHERCUTT). what our current U.S./Cuba policy Well, we have the verdict: 42 years, Mr. NETHERCUTT. Mr. Chairman, I does. nothing has changed. Nothing has thank the gentleman for yielding me Why are we discussing an amendment changed. this time. that would instead provide funds to the Let me read you a quote: As I have listened to this debate to- Castro dictatorship, a country which I have called for lifting economic sanctions night, I think it has been a good de- every recent administration, Democrat generally, unilateral sanctions, because I be- bate. What strikes me about the argu- or Republican, has repeatedly labeled lieve they do not work. Well, Cuba is a tough ment of the opponents to the Flake as a state sponsor of terrorism. As has case and admittedly a difficult one because amendment is that there seems to be been pointed out on the floor, Paul we have had sanctions there over the years. this fear of Fidel Castro, a tiny dic- O’Neill, Secretary of the Treasury, They have not worked either. Sanctions, frankly, have not worked very well in Cuba. tator in a country 90 miles from us who Colin Powell, Secretary of the State re- is, by all reasonable accounts, I would cently stated that this country has an You might think that was the gen- argue to my colleagues, not a threat to implacable hostility to the United tleman from Massachusetts (Mr. this country. Even in the days of the States. MCGOVERN) or the gentleman from In- gravest threat when the Soviet Union I would point my colleagues to a diana (Mr. ROEMER) or the gentleman was at its greatest power, we still al- news report that just came out hours from Massachusetts (Mr. DELAHUNT) or lowed our American citizens to travel ago in a meeting between Iraq’s Sad- others who made that statement or there. We allow families of Cubans who dam Hussein and Rodrigo Alvarez even me. It was not. It was Vice Presi- are still in Cuba to travel there, 90 Cambras, special envoy of Cuban dic- dent CHENEY. miles off our shore, once a year. We tator Fidel Castro. Cambras empha- As I mentioned before, Secretary allow Cuban families to give money to sized the Castro regime’s ‘‘support for O’Neill in testimony before the Senate their relatives in Cuba. Iraq against the threats from the just months ago said that if it were up United States.’’ And he reiterated their to him he would not enforce the Cuba b 2112 firm commitment of both these ter- travel ban because he knows that if we The Pope has gone to Cuba. Many rorist states to expand their bilateral are concerned about terrorism, then Americans under certain restrictions cooperation, two sworn enemies of the the last thing we want to do is expend have gone to Cuba. My suggestion to United States working together moti- resources from OFAC, or the Office of my colleagues is why are we afraid to vated by their hatred of our country. Foreign Assets Control, tracking down allow Americans to go there and spread I ask my colleagues tonight to not tourists, tracking down innocent democracy, to make the arguments and help the enemy, to support freedom, to grandmothers from Iowa, when we be examples to the people of that coun- support our U.S. anti-terrorism efforts, could instead be tracking down real try, 11 million people that we are a to vote ‘‘no’’ on the Flake amendment, terrorists and those who are perpe- good country, that we are not a coun- vote ‘‘yes’’ on the Goss amendment. trating the terrorism war against the try that Fidel Castro says we are, but Mr. Chairman, I yield the remainder United States. when we are his scape goats we some- of my time to the gentleman from Cali- I would urge my colleagues to re- how fall into that trap. I urge support fornia (Mr. CUNNINGHAM). member what this is all about. The of the Flake amendment. Mr. CUNNINGHAM. Mr. Chairman, I Flake amendment says that we should Ms. ROS-LEHTINEN. Mr. Chairman, tell my colleague, a POW was men- be free, we should be free as Americans I yield myself the remainder of my tioned by the gentlewoman from Mis- to travel where we want to. The Goss time. souri. There was a POW that cannot amendment says no. Vote ‘‘yes’’ on the Just to answer the points made by say that. He spit in the face of one of Flake amendment. my good friend, the gentleman from the Cuban interrogators while he was Mr. DAVIS of Illinois. Mr. Chairman, I rise Washington (Mr. NETHERCUTT), if Cas- being tortured. The Cuban took out his today in strong support of the proposed legis- tro poses no threat to the United pistol and blew his brains out. lation to lift the ban prohibiting Americans from States, I would like the gentleman to I go to the POW meetings every sin- traveling to Cuba. I would like to thank my col- place a call to the parents of Carlos gle year, and I will tell my colleagues league, the Gentleman from Arizona, for his Costa, Armando Alejandre, Mario de la that is not, that is not their policy, to leadership in regard to this amendment, and Pena and Pablo Morales, and four open up Cuba. for drawing the attention of Congress to this young men, three of whom were United Mr. FLAKE. Mr. Chairman, I yield very important issue. States citizens, one of whom was a myself the remainder of my time. Mr. Chairman, for four decades, American United States resident, one was a deco- Mr. Chairman, I appreciate the de- citizens have been unable to travel to Cuba, rated Vietnam veteran, who were bate. And let me say, both sides of this be it to visit family or to conduct business. As killed by Fidel Castro’s air force when debate want the same thing. We want a lawmakers for a democratic nation, I do not they were in international air space. free, democratic, and prosperous Cuba. see how we can limit our own people from Apparently he poses a threat to some The question is how do we get there? contact with a nation that can benefit so ex- United States citizens. Should we go the same route that we tensively from the influence of the strongest The gentleman is right. The Pope did have gone for the past 42 years that has ambassadors of freedom in the world—Amer- go to Cuba. Jimmy Carter did go to ended in utter failure? Fidel Castro is ican citizens. After all, what speaks more Cuba. And what happened? The great- still around. He is still a thug. He is strongly for the power of democracy, than citi- est crackdown on dissidents yet after still very much a bad guy. We will all zens who enjoy the liberties to earn income Jimmy Carter’s visit and every inter- stipulate that. The question is how do and to travel? national human rights organization we best remove him? How did we make Mr. Chairman, free American travel to Cuba, will tell you, the greatest crackdown in sure that he does not have the only in addition to reforming the Cuban political Cuban history since Castro took power megaphone in Cuba? system, increasing rights enjoyed by Cuban after the visit of the Pope, after the Currently we silence Americans who citizens, and improving Cuba’s economic con- visit of Jimmy Carter and after the would like very much to go to Cuba, to dition, sends a powerful message of freedom. visit of 500,000 American visitors to the see the situation there, to explain to We must emphasize the value of personal island of Cuba. their Cuban brethren that we have a freedom, as it applies to American citizens, by And as repeatedly articulated by better way and to see what 40 years of lifting this ban against American travel to President Bush, one of the pillars of socialism have wrought on that island. Cuba. our efforts to eradicate this cancer of We prevent them from doing so, and we Mr. FARR of California. Mr. Chairman, I rise global terrorism, and to secure the se- allow Fidel Castro to have the micro- in strong support of the Flake Amendment to curity and domestic tranquility of our phone, the only one they hear. We rec- end funding of the travel ban to Cuba. I heart- country is to deny, impair, and expose ognize the rest of the world, in China, ily agree with the American Society of Travel the financial infrastructure which pro- Vietnam, North Korea, Iran, you name Agents (ASTA) which stated in a recent letter vides a lifeline to these agents of ter- it. We not only allow travel; we encour- to Congress that ‘‘the right to travel is among

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00097 Fmt 4634 Sfmt 9920 E:\CR\FM\K23JY7.229 pfrm17 PsN: H23PT2 H5298 CONGRESSIONAL RECORD — HOUSE July 23, 2002 those rights that our Nation’s founding docu- The CHAIRMAN. Pursuant to the 5 minutes in opposition to the Flake ments refer to as ‘inalienable’.’’ order of the House of today, the gen- amendment. The gentleman from Ari- Recently, we Americans have been asking tleman from Arizona (Mr. FLAKE) and zona (Mr. FLAKE) has consumed 21⁄2 ourselves: ‘‘Why do they hate us? Why do the gentleman from California (Mr. minutes of the 5 minutes. other nations hate Americans, when they ROHRABACHER) each will control 5 min- Mr. ROHRABACHER. Mr. Chairman, know so little about us?’’ utes. I yield myself 3 minutes. Many Cubans must be asking themselves The Chair recognizes the gentleman Let us take a look at what is really the same question: ‘‘Why do they hate us? from Arizona (Mr. FLAKE). going on in the world today. Why are Why does the American government continue Mr. FLAKE. Mr. Chairman, I yield we concerned about Fidel Castro? Yes, to support a forty-year embargo of our coun- 21⁄2 minutes to the gentleman from he is a petty little thug down in Cuba. try, which has contributed to the collapse of Massachusetts (Mr. DELAHUNT). They say how weak he is. Fidel Castro the economy, and has done nothing to in- Mr. DELAHUNT. Mr. Chairman, I is demonstrably stronger than Saddam crease personal and political freedoms?’’ thank the gentleman for yielding me Hussein in terms of his ability to hurt Cubans must think: ‘‘if Americans only knew time. the United States of America. But Sad- us—if they knew our culture, our language, Current U.S. policy prohibits Ameri- dam Hussein and Fidel Castro both our music—they would develop policies which cans from sending more than $1,200 a share something. They share a blood would support exchange and abandon the year to family members in Cuba. Un- grudge against the United States of failed policy of isolation.’’ derstand, again, that this applies only America. And you might have some Isn’t that what Americans think? If countries to Cuba. No other country has this cap. weak guy like bin Laden over there around the world opened their borders to And if you dare exceed this limit, be who looks very weak; but both of those American visitors, opened their markets to careful, the remittance police are fellows, both Saddam Hussein and American goods, and increased people-to- watching and the penalties are severe. Fidel Castro, have a blood grudge and You can get 10 years in jail and a people exchanges through programs such as can kill thousands, if not millions, of $55,000 fine. But, the law is actually the Peace Corps, hostility towards our country Americans in this day and age in which rarely enforced. There has never been, and our people will be reduced. we live. It behooves us to do everything in fact, a single prosecution. But that Americans and Cubans are both right. It is we can to get rid of Fidel Castro and is going to change, because one year only through greater openness and exchange get rid of the Saddam Husseins of this ago this week, President Bush person- that peoples of the world connect to each world before they decide to kill thou- ally directed the Department of Treas- other—through personal bonds, commerce, sands, if not tens of thousands, of ury to expand its capability to enforce and for mutual political benefit—and break Americans. down barriers in their own countries and limits on remittances to the fullest ex- They have a blood grudge, and no one across borders. tent of the law. should ignore that. You ignore it and if The White House, in other words, has Ending the travel ban not only follows the something happens, we are having to made the enforcement of the Cuban re- spirit of the Constitution, it will be economically take the responsibility for not acting mittance limits a national priority. beneficially to the United States. According to on this. the recent Brattle Group study, opening travel While I oppose both the embargo and What is this all about? $1,200? Fidel with Cuba will bring $415 million annually to the travel ban, let me suggest that the Castro is broke. And by taking off all the ailing airline industry; increase U.S. eco- cap on remittances is truly the cru- of these restrictions on the remit- nomic input by $1.6 billion; and create over elest aspect of our policy towards Ha- tances, by just taking off the lid on the 23,000 jobs in the American economy. vana. $1,250 in remittances, we will be bailing It restricts American freedoms. It Vote for the Flake amendment. Vote to up- out Castro, just at a time when Castro limits family charity and denies hopes hold Americans’ Constitutional right to travel as we have seen over and over again as for tens of thousands of Cubans, and at whenever and wherever they want. Vote for was demonstrate earlier by what was the same time it breeds disrespect for lifting the travel ban to Cuba, and tear down presented to us, his regime is almost in our law because we all know that this wall that separates our two countries once collapse. Cuban-Americans are doing the right and for all. This has nothing to do with the well- thing and are circumventing this pol- The CHAIRMAN. The question is on being of the Cuban people. If it would, the amendment offered by the gen- icy. This policy does not punish Fidel the Cuban-Americans in this body tleman from Arizona (Mr. FLAKE). would be rising up and saying, my The question was taken; and the Castro. Instead, it punishes American citizens and their relatives in Cuba. goodness, you are doing something to Chairman announced that the noes ap- hurt the Cuban people. What we are peared to have it. Let us be clear, none of this money comes from the United States Govern- doing here is to limit the power and Mr. FLAKE. Mr. Chairman, I demand strength of the Saddam Husseins and a recorded vote. ment. None of this money goes to the Cuban Government and Fidel Castro. It Fidel Castros of this world to hurt the The CHAIRMAN. Pursuant to clause United States of America. Our Presi- 6 of rule XVIII, further proceedings on is direct aid from ordinary people who care to ordinary people who need. And dent knows that. the amendment offered by the gen- When those buildings went down in it is the official policy of the United tleman from Arizona (Mr. FLAKE) will New York, who would have guessed States that you should only do just so be postponed. that some weakling named bin Laden much. This policy would be silly. It is It is now in order to consider the sec- would have been able to do that? a real tarnish on the golden rule. But it ond amendment offered by the gen- Fidel Castro has a much greater tleman from Arizona (Mr. FLAKE). is tragic. And it is un-American. Tonight, if we support this amend- grudge than bin Laden had against the AMENDMENT NO. 20 OFFERED BY MR. FLAKE ment, we can end this policy, end this United States of America. He has from Mr. FLAKE. Mr. Chairman, I offer an cruel aspect of our policy to Cuba. his very first moments put Robert amendment. Mr. HOYER. Mr. Chairman, will the Vesco in a position to organize the The CHAIRMAN. The Clerk will des- gentleman yield? drug trade throughout this hemisphere. ignate the amendment. Mr. DELAHUNT. I yield to the gen- He has over his 43 years of power had The text of the amendment is as fol- tleman from Maryland. one of the worst repressive regimes and lows: Mr. HOYER. Mr. Chairman, is the anti-American regimes in the world. Amendment No. 20 offered by Mr. FLAKE: gentleman saying essentially that it is And when we talked about POWs in At the end of the bill, insert after the last their money, these Americans, and Vietnam, this man hates the United section (preceding the short title) the fol- they know what to do with it? States so badly that he sent torturers lowing new section: Mr. DELAHUNT. That is what I am over to Vietnam to torture our POWs. SEC. ll. None of the funds made available in this Act may be used to enforce any re- saying. Mr. DELAHUNT. Mr. Chairman, will striction on remittances to nationals of Cuba Mr. ROHRABACHER. Mr. Chairman, the gentleman yield? covered by section 515.570(a)(1)(i), (a)(2), how much time remains? Mr. ROHRABACHER. Mr. Chairman, (b)(1)(i), or (b)(2) of title 31, Code of Federal The CHAIRMAN. The gentleman regular order. I would ask for an addi- Regulations. from California (Mr. ROHRABACHER) has tional 30 seconds for being interrupted.

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.149 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5299 The CHAIRMAN. The gentleman’s We have nothing against the people with that statement, not that they are time has expired. of Cuba. The people of Cuba are won- different. Tourism, I believe, is subver- Mr. ROHRABACHER. Mr. Chairman, derful people. In fact, if we are doing sive as well, but if remittances are sub- I would ask for an additional 30 seconds something against the people of Cuba’s versive, then let us do a lot more based on the interruptions. well-being, we have Cuban Americans subversing, I say, if that is a word. Let Mr. DELAHUNT. Mr. Chairman, I ask with us who would be jumping up in us be a lot more subversive. Let us unanimous consent to give the gen- order to protect their interests. allow families to send whatever they tleman an additional minute. No, the people of Cuba are our would like to their families in Cuba. The CHAIRMAN. The gentleman will friends, just like the people of Com- That is not what this country is about, suspend. munist China are our friends, but what limiting family charity. The gentleman from California (Mr. we have to do is make sure we weaken That is all this amendment says. At ROHRABACHER) controls 5 minutes. The the stranglehold these gangster re- the current time, families are allowed gentleman from Arizona (Mr. FLAKE) gimes have on those people, and it is $1,200 a year. Currently, the State De- controls 5 minutes for consideration of especially important for us to weaken partment estimates that a lot more this debate. that stranglehold on these regimes goes to Cuba. It goes in violation or it Mr. ROHRABACHER. Point of in- that are headed by monsters, Franken- goes illegally. We should not make quiry. stein monsters, who have a blood criminals out of families for wanting to The CHAIRMAN. The gentleman will grudge against the United States of help their families in Cuba. suspend. America. Nowhere is that more demon- Let us support this amendment. We have taken into consideration the strable than in Fidel Castro. Mr. ROHRABACHER. Mr. Chairman, interruption that took place in the Bin Laden hates us, but I will tell my I would ask unanimous consent to give gentleman’s time. The gentleman has colleagues that Fidel Castro’s hatred of the gentleman an extra 30 seconds. consumed 3 minutes, and if the gen- the United States is as equal to that of Mr. FLAKE. Mr. Chairman, if I can tleman wishes to yield himself an addi- bin Laden, and there are countless take it. tional 2 minutes, he is certainly wel- quotes to suggest that. The CHAIRMAN. We have a unani- come to do that. No, we do not want this man’s regime mous consent agreement under which Mr. ROHRABACHER. Mr. Chairman, to be maintained. We do not want to we are operating here. I yield myself an additional 30 seconds. bail him out at the end just as his The question is on the amendment Fidel Castro sent torturers to torture economy is about to collapse. We want offered by the gentleman from Arizona American POWs half way around the to keep the pressure on. He has had 40 (Mr. FLAKE). world because he hates the United years of tyranny, 40 years of tyranny. The question was taken; and the States of America. Everyone who has If we were to let up on the Soviet Chairman announced that the ayes ap- ever got into serious conversations Union after 40 years of tyranny and peared to have it. with this man over his 40 years of rules started letting them become part of Mr. ROHRABACHER. Mr. Chairman, has come away understanding this man the economy of the world, Communism I demand a recorded vote. has a visceral hatred for the United would still be in power in the Soviet The CHAIRMAN. Pursuant to clause States of America. Union today and the Cold War would 6 of rule XVIII, further proceedings on At this time when we are threatened still be on. the amendment offered by the gen- by international terrorism, we should No, we want to keep a stranglehold tleman from Arizona (Mr. FLAKE) will not be doing anything to strengthen on the Castro regime while reaching be postponed. his regime, whether it is permitting out to the people of Cuba. AMENDMENT NO. 9 OFFERED BY MR. MORAN OF millions of people to go down there and By the way, all of these restrictions KANSAS spend money and bail him out or can be eliminated just by the stroke of Mr. MORAN of Kansas. Mr. Chair- whether it is increasing the amount of a pen. All Castro has to do is to permit man, I offer an amendment. money that Americans can send to free elections, permit opposition par- The CHAIRMAN. The Clerk will des- Cuba. ties, permit the democratization of so- ignate the amendment. Mr. FLAKE. Mr. Chairman, I reserve ciety. Then we will have all of these be The text of the amendment is as fol- the right to close and would inquire eliminated. lows: does the opposition have an additional Mr. FLAKE. Mr. Chairman, I yield Amendment No. 9 offered by Mr. MORAN of speaker. myself such time as I may consume. Kansas: At the end of the bill, insert after the last Mr. ROHRABACHER. If the gen- I appreciate this debate. I appreciate the good words of my colleague from section (preceding the short title) the fol- tleman will be closing now, I guess I lowing new section: should take my extra 11⁄2 minutes. California. I cannot say that I disagree SEC. ll. None of the funds made available Mr. FLAKE. It is my intent to close. with any of them. Fidel Castro is a in this Act may be used to implement any Mr. Chairman, I yield the gentleman thug. We have said it again and again sanction imposed by the United States on from California (Mr. ROHRABACHER) 30 and again. What this debate is about is private commercial sales of agricultural seconds. the best way to topple him, to make commodities (as defined in section 402 of the The CHAIRMAN. The gentleman sure that he does not remain there Agriculture Trade Developments and Assist- ance Act of 1954) or medicine or medical sup- from Arizona (Mr. FLAKE) will have 2 longer than the 42 years that he has been in power. Let us get back to what plies (within the meaning of section 1705(c) minutes to close debate and the gen- of the Cuban Democracy Act of 1992) to Cuba tleman from California (Mr. ROHR- this amendment really does. (other than a sanction imposed pursuant to ABACHER) will have 2 minutes to close. Currently, Cuban American families agreement with one or more other coun- Mr. ROHRABACHER. Mr. Chairman, who live here in the United States are tries). let me use 30 seconds to praise my told by their government that they can The CHAIRMAN. Pursuant to the friend for being so courteous, and I be charitable but only so charitable. order of the House of today, the gen- thank the gentleman for that thought. They are told that they can only send tleman from Kansas (Mr. MORAN) and a up to $100 a month to their family Member opposed each will control 5 2128 b members in Cuba. I do not think that minutes. I think this is a vital discussion. Who our government ought to be in the The Chair recognizes the gentleman would ever have thought that we would business of telling families how chari- from Kansas (Mr. MORAN). be living in this world 2 years ago. We table they can be. This money is going Mr. MORAN of Kansas. Mr. Chair- live in a world where 3,000 Americans directly to Cuban families. man, I yield myself such time as I may have been slaughtered before our eyes. I asked someone who does not agree consume. We live in a world where we understand with my position on allowing tourists For the Members of this House who that the bin Ladens are little kooks and others to go to Cuba, I asked him were Members in July of 2000, this over there halfway around the world, why he supported remittances, and the amendment will sound awfully famil- living in a dictatorship like with the answer was, remittances are different. iar. Two years ago this month, I of- Taliban, can do us horrendous harm. Remittances are subversive. I agree fered a similar amendment, in fact,

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.234 pfrm17 PsN: H23PT2 H5300 CONGRESSIONAL RECORD — HOUSE July 23, 2002 nearly identical amendment, to the one In fact, number one, the Euromoney natory and uncertain trading environ- I offer this evening to the Treasury Country Risk Rating lists Cuba as one ment of the Castro regime. Do we want Postal appropriations bill. of the top five riskiest countries to in- to subject American investors to loss This amendment would ban the im- vest in out of the 185 that they sur- of contracts, confiscation of machin- plementation, the enforcement of the veyed. Fact: Cuba is rated by Dunn and ery, equipment and financial invest- sanctions against the export of food, Bradstreet as one of the riskiest econo- ments or even jail time? This is not an agriculture, commodities and medicine mies in the world. Fact: The Wall exaggeration. These are well-docu- to the country of Cuba. The history of Street Journal’s Index of Economic mented tactics employed by the Castro this amendment is such that this Freedom ranks Cuba as the most risky regime to retaliate against investors amendment passed 301 to 116 two years investment and as having the least free who voice dissatisfaction with the dic- ago this month. A majority of Repub- economy of the 156 countries surveyed. tatorship’s policies. lican Members of Congress, a majority Fact: Cuba is already in default on $8.2 Mr. Chairman, as the saying goes, of Democrat Members of Congress sup- billion of its $11 billion debt. ‘‘an ounce of prevention is worth a ported this amendment. In April of this year, Mr. Chairman, pound of cure.’’ Thus to prevent the Ultimately, through efforts of the three Chilean fish exporters stopped victimization of our farmers and inves- leadership of this House, along with shipments to Cuba after Cuba failed to tors at the hands of Castro’s erratic the gentleman from Washington (Mr. make an installment payment of $3.7 and failed economic policies, we must NETHERCUTT) and the gentlewoman million on the $20 million deal. uphold existing U.S. law. from Missouri (Mrs. EMERSON), the Also in April of this year, a South Af- I ask my colleagues to champion the Trades Sanction Reform Act of 2000 rican company stopped shipments of its cause of hard-working Americans was signed into law as part of the agri- diesel engines to Cuba after the dicta- throughout this great Nation and pre- cultural appropriations bill and trade torship failed to make the required vent their from being used as experi- on agricultural products, food and med- payments on a 1997 contract. mental subjects to test Cuba’s debt- icine was authorized in a limited fash- Even Venezuela has stopped oil ship- filled waters. I ask for a no on the ion. ments to Cuba because Cuba has ac- Moran amendment. Beginning last Thanksgiving, Cuba crued with them a $63 million debt, Mr. Chairman, I reserve the balance has purchased more than $100 million missing payment after payment on of my time. worth of U.S. commodities. Thirty below-market sales of petroleum. Mr. MORAN of Kansas. Mr. Chair- States have sourced 650,000 metric tons It is imperative, Mr. Chairman, to man, I yield 45 seconds to the gen- of food to Cuba. Given the opportunity, maintain the precautions and the safe- tleman from Nebraska (Mr. OSBORNE). Mr. Chairman, had the Committee on guards currently in place as part of Mr. OSBORNE. Mr. Chairman, it Rules allowed me to have a waiver of a U.S.-Cuba policy. The protection, Mr. seems to me that 42 years of trade em- point of order, I would have offered an Chairman, afforded by existing U.S. re- bargoes with Cuba have not changed amendment to clear up a number of strictions on trade with the Castro re- Cuban Government policies, have not problems that have arisen, not in cre- gime is a reality reaffirmed by the U.S. changed North Korea, Sudan, Libya, or ating problems for the country of Cuba International Trade Commission. The Syria. but creating problems for our farmers, ITC stated in its report that, existing Forty years ago U.S. controlled most our ranchers and our companies that U.S. laws, because they prohibit U.S. of the ag commodities in the world. seek to export agriculture commod- financial institutions’ dealings with The embargo might have had some im- ities, food and medicine. Cuba, ensured that there was no U.S. pact at that time. Today we have a We have a myriad of restrictions re- exposure to Cuba’s foreign debt mora- lated to the license, shipping, financing global economy. Countries simply buy torium. that, in my opinion, create only handi- elsewhere if we have an embargo. It The ITC report added that extending caps for us, not creating any kind of costs us market share. credits and financing to a bankrupt pressure on the country of Cuba, and so A 2002 Texas A&M study showed that Castro regime would expose taxpayers this amendment tonight is an attempt Cuba trade restrictions costs U.S. agri- to footing the bill once Cuba defaulted to again reaffirm our support as a Con- culture $1.24 billion annually and $5 on its payments. We certainly do not gress, as a House of Representatives for billion for ag and ag-related business. want that. Reaching back into my somewhat trade with the country of Cuba. Mr. Chairman, I reserve the balance We as Members of Congress, Mr. vague and sordid past, it seems to me of my time. Chairman, elected to represent and de- that if someone ran the same play for The CHAIRMAN. Who rises in opposi- fend the interests of our constituents, 43 years and it did not work, maybe tion to the amendment? cannot and must not support an they would try something different. So Mr. SMITH of New Jersey. Mr. Chair- amendment which would essentially I would suggest that we might try that. man, I rise in opposition to the amend- force the American taxpayer to absorb Not asking to trade weapons, computer ment. such losses. chips, petroleum or plutonium. We are The CHAIRMAN. The gentleman is And there is already cause for U.S. simply saying that food and medicine recognized for 5 minutes. concern. Under the compromise lan- does not jeopardize national security. Mr. SMITH of New Jersey. Mr. Chair- guage in the Trade Sanctions Reform It helps our country and our ag. man, I yield myself such time as I may Act, ag sales to Cuba have occurred. Mr. SMITH of New Jersey. Mr. Chair- consume. Yet despite repeated congressional in- man, we reserve the balance of our As we debate this amendment, it is quiries, there has not been an inde- time. How much time remains? imperative we focus and base our argu- pendent or Government confirmation The CHAIRMAN. The gentleman ments on the facts and the reality of that payments have been received from from New Jersey (Mr. SMITH) has 30 trading with the terrorist regime just Cuba. seconds remaining and the gentleman 90 miles off the U.S. shores. Not only is Before we support the unrestricted from Kansas (Mr. MORAN) has 2 min- the Castro regime a tyrannical one and and unsupervised sales called for in the utes remaining. one of the worst violators of the world, Moran amendment, would my col- Mr. SMITH of New Jersey. Mr. Chair- not only does the dictatorship use leagues not agree that it would be pru- man, we reserve the balance of our slave labor, not only does it force chil- dent to examine whether current regu- time. dren to work in the farming sector as lations are being fully complied with? Mr. MORAN of Kansas. Mr. Chair- stated in the State Department human We should also pause, look to the expe- man, I yield 45 seconds to the gen- rights report, it has also proven to be riences of others and learn from them tleman from Washington (Mr. an unworthy economic partner. in order to protect the American peo- NETHERCUTT). Here are the facts which clearly show ple. Mr. NETHERCUTT. Mr. Chairman, I that Cuba is not, nor will it ever be, a For example, the European Union re- thank the gentleman for yielding me panacea for American farmers and in- cently wrote a 15-page letter of com- this time. I rise in support of the vestors so long as the current regime is plaint to Cuba’s so-called finance min- amendment by the gentleman from in place. ister, Carlos Lage, citing the discrimi- Kansas (Mr. MORAN). He has been a

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00100 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.238 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5301 very strong leader in this House in sup- change the policy. They might as well Cuba than the Communists that they porting agriculture and not restricting be spending their cash on behalf of have in North Korea or the Com- the transfer of food and medicine to American agriculture, on behalf of the munists that they have in North Viet- countries like Cuba, the sale of food farmers and ranchers of this country. nam or the Communists that they have and medicine by American farmers. He And as we have seen, they have the in Communist China? is part of the Cuba Working Group, a ability to do so: $100 million in cash My colleagues, this has nothing to do bipartisan group of 23 Republicans, 23 payments coming to the United States with trade policy. It has nothing to do Democrats who have worked very hard to pay for agricultural products. The with foreign policy. There is no former to change this policy and bring a sen- market is estimated to be $1 billion. high ranking State Department official sible policy to this country. And for those who had concerns that will tell us that this embargo is Mr. ROEMER. Mr. Chairman, will the about the farm bill, help us export our against everything that our great gentleman yield? agriculture commodities. Help us cre- country believes in. So what is it Mr. NETHERCUTT. I yield to the ate markets for the farmers and ranch- about? gentleman from Indiana. ers of this country. It is about the State of Florida. It is Mr. ROEMER. Mr. Chairman, I thank The CHAIRMAN. The question is on about the sovereign State of Florida. It my good friend and teammate on the the amendment offered by the gen- is about the politics of Florida. The Cuba Working Group. We have heard tleman from Kansas (Mr. MORAN). President understands that. The Gov- mention many times today committees The amendment was agreed to. ernor of Florida understands that. And and communism and changing foreign AMENDMENT NO. 5 OFFERED BY MR. RANGEL I do not have a problem with anyone policy. Months ago 23 Democrats and 23 Mr. RANGEL. Mr. Chairman, I offer that comes from the State of Florida. Republicans came together, formu- an amendment. They do what they have to do. But do lating ideas, bringing them forward The CHAIRMAN. The Clerk will des- not do it to my country. Do not allow through amendments and bills, having ignate the amendment. local politics to influence what is in meetings and working in a bipartisan The text of the amendment is as fol- our national interests. way to try to accomplish some things. lows: If trade is good enough to break the Tonight is the cumulation of that. I Amendment No. 5 offered by Mr. RANGEL: barriers between people who do not un- thank the gentleman for yielding. At the end of the bill, insert after the last derstand the value of capitalism, if Mr. MORAN of Kansas. Mr. Chair- section (preceding the short title) the fol- trade is what we want for people to be man, I reserve the balance of my time. lowing new section: able to buy our wares and that we can Mr. SMITH of New Jersey. Mr. Chair- SEC. . None of the funds made available in buy theirs, if it is good enough for man, I yield myself such time as I may this Act may be used to implement, admin- China, for the former Soviet Union, for consume. ister, or enforce the economic embargo of communism around the world, tell me Cuba, as defined in section 4(7) of the Cuban I want to reiterate to my colleagues why not share it with the people of that in a letter dated July 11, 2002, Sec- Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Public Law 104–114), Cuba? retary of State, Colin Powell; and Paul If my colleagues want to bring down O’Neill, Secretary of the Treasury, except those provisions that relate to the denial of foreign tax credits or to the imple- the Castro regime, let the people in have made it very clear that, and I mentation of the Harmonized Tariff Sched- Cuba smell democracy. Let us go there quote them. ‘‘We are writing to reit- ule of the United States. and speak to the people in Cuba. Let erate the administration’s strong oppo- The CHAIRMAN. Pursuant to the any American that wants to travel in sition to any legislative efforts that order of the House of today, the gen- Cuba be able to travel without any weaken the United States’ current tleman from New York (Mr. RANGEL) fear. Cuba policy by permitting U.S. citizens and a Member opposed to the amend- The CHAIRMAN. Does the gentleman to finance the Cuban purchase of Amer- ment each will control 10 minutes. from Florida seek to control the time ican agriculture commodities or by The Chair recognizes the gentleman in opposition to the Rangel amend- changing the restrictions on travel.’’ from New York (Mr. RANGEL). ment? b 2145 Mr. RANGEL. Mr. Chairman, I yield Mr. DIAZ-BALART. I do, Mr. Chair- myself 3 minutes. They would recommend a veto if the man. My colleagues, when the terrorists legislation reaches his desk with those The CHAIRMAN. The gentleman is struck New York City, many of us rec- changes. recognized for 10 minutes. I urge a ‘‘no’’ vote on the Moran ognized that the problems that we had Mr. DIAZ-BALART. Mr. Chairman, I amendment. I certainly respect my as Republicans and Democrats, as yield myself 6 minutes. good friend and colleague, but I urge a blacks and whites, as Jew and gentile, We have a policy goal, and it is a pol- ‘‘no’’ vote, nevertheless. was not nearly as important as work- icy that has been set not only by the Mr. MORAN of Kansas. Mr. Chair- ing together as a city in order to show President but by the Congress and man, may I inquire of the time remain- our defense against the people who codified into law and clearly espoused ing? struck against us. And so it was no sur- by President Bush in repeated state- The CHAIRMAN. The gentleman prise when we came to Congress to see ments: A free Cuba, achieved through a from Kansas has 11⁄4 minutes to close. that our President had thought that democratic transition, with the release Mr. MORAN of Kansas. Mr. Chair- that would be the best thing for our of all political prisoners, the legaliza- man, I yield myself the balance of my Nation to do. tion of all political parties, the press time, and I again reiterate that this is So we joined hands with Afghanistan and labor unions, and the scheduling of a vote this body has taken. Because of and Pakistan and many other coun- free internationally supervised elec- the efforts of the gentleman from tries that we had serious differences tions. Washington and the gentlewoman from with, but, at the same time, when they Now that free Cuba will not oppress Missouri, we have changed policy in re- declared that they were going to be our its people and it will not threaten its gard to agricultural trade with Cuba. partners in the war against terrorism, neighbors. The intelligence commu- But this House needs to reaffirm its po- we took their hands and we thought it nity, as I stated before, has said that sition one more time. would be better to fight the big war ever since 1999 it has come to the con- Every impediment that can be placed than to highlight our differences. clusion that there is an offensive bio- in the way of our farmers and ranchers How in God’s name, at a time like logical weapons program being devel- and the businesses that deal in agri- this, can we really say that Castro and oped by the Cuban regime. That has culture commodities in the trade with the Cubans, 90 miles from our shore, been made public now by the intel- Cuba, every impediment has been represent a threat to our national secu- ligence community, but the conclusion placed in their way. It is not disad- rity when we know that they, too, have was reached as of 1999. vantageous to Cuba, it is disadvanta- joined in this great war against ter- Now, the director of the Soviet bio- geous to Americans. rorism? And how could it possibly be logical weapons program, Dr. Alibek, As the gentleman from Nebraska that we are prepared to say that they has written in his book that by 1990, said, for 42 years we have tried to have different kinds of Communists in the Soviets were absolutely convinced

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00101 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.239 pfrm17 PsN: H23PT2 H5302 CONGRESSIONAL RECORD — HOUSE July 23, 2002 that Castro had an offensive biological be free, just like in country after coun- night on Vietnam which was so lop- weapons program. But we are led to be- try after country colleagues have come sided to make the point that we cannot lieve by the people who are arguing to to this floor asking for solidarity with continue just to single out Cuba. open up all the trades and open up all those people? But, no, in the case of Now, the gentleman from New York the credits and the tourism for the Cas- Cuba, it is different. In the case of (Mr. RANGEL) is correct, and I do not tro dictatorship that not only our in- Cuba, it is 43 years of dictatorship and want to be repetitious of his com- telligence community is lying, not of oppression, and the efforts are to get ments, but this is about the State of only is our intelligence community more trade and more dollars and more Florida. I do not feel bad about that. I now not telling the truth, but the di- oxygen to that regime, instead of talk- wish I had that kind of power for one rector of the Soviet program, who de- ing about the torture and the political county in one State to control foreign fected and who our experts say has pro- prisoners. That is the reality. policy on one issue. I wish the Bronx vided more information on Soviet bio- But the reality of the matter is that had that kind of power, but we do not. logical and chemical weapons programs only in this hemisphere, Mr. Chairman, The fact of life is that this Rangel/ than any other defector, that he is is there an international law requiring Serrano amendment sends the message lying as well. So all of those people are representative democracy. We always that it is time to change this policy. lying and we should make that leap of talk about examples from other hemi- We no longer have any moral justifica- faith and proceed to provide billions of spheres. There are multiple differences tion for keeping an embargo on Cuba dollars in trade and credit to the dicta- from the decentralization that has ex- while we deal with China, Vietnam, torship. isted in other dictatorships in other Korea, and every other country in the Now, the denial of the U.S. market to hemispheres to the fact that in this world. Well, my God, our allies in the the Cuban regime and the conditioning hemisphere, and only in this hemi- war on terrorism are people who, in so of democratic reforms for the end of sphere, does international law require many ways, have behaved towards this the embargo constitutes the most im- representative democracy. country 10 times worse than anything portant leverage that exists for the I want to point out one other thing, Cuba or Castro have ever said about us, democratic transition to take place. In and that is as follows, and I never and we still deal with them. a totally personalized dictatorship, thought I would come to this floor b 2200 like the Cuban one, when the dictator quoting the editorial board of The is gone from the scene, when he dies, or Washington Post, but I guess Ronald Now some of the facts will come out however he is gone from the scene, that Reagan used to say never say never. in the next few weeks because we do situation invariably will change. It is Well, The Washington Post has, in a not have the time here tonight. Castro like when Franco disappeared from the very dignified manner, has focused in offered to help us with on the war on scene in Spain, or Oliveira, after 50 on the efforts of the Cuban dissidents terrorism, and we refused it. AP re- years of dictatorship in Portugal. In- over the last year to call for reforms ported that. The Washington Post re- evitably, those regimes were faced with internally. Now, they have been very ported that. The New York Times re- a different dynamic. mild reforms that the dissidents have ported that. We refused the help. But in each of those cases where called for, and despite that the regime Cuba has sent to us three individuals there was a democratic transition, has answered with, if you will, a in the last year who were wanted in there was some form of external pres- Maoist-style cultural revolution. this country. They have asked in re- sure, some form of solidarity with The Washington Post has said that if turn, not as a quid pro quo, for us to re- those people demanding, requesting, Castro, as he has been, is unwilling to turn a couple of hijackers that we have encouraging, incentivizing a demo- permit more political and economic had here for over 20 years from Cuba, cratic transition. If we give the dicta- freedom, then loosening the embargo and we have not done it. No one men- torship the trade and tourism dollars it risks strengthening and enriching Mr. tions that tonight. No one mentions it seeks now, Mr. Chairman, unilaterally, Castro and the apparatchiks who sur- is a one-sided issue all of the time. in exchange for no democratic reform, round him, while accomplishing little This is not about Fidel Castro and like the people proposing this amend- else. communism, this is about a stupid out- ment are saying, that we should unilat- And with regard to that dissident pe- dated policy that says in the Caribbean erally, without getting any sort of tition, in which Castro answered with we are going to single out this island, democratic reform for the Cuban peo- his Maoist-style cultural revolution, and in the rest of the world, we will ple in exchange, if we do that, Mr. The Washington Post said, until it is not. And it is across the board. I asked Chairman, we risk making that regime granted, and obviously it has not been my favorite President a couple of years permanent. We risk the possibility of granted, no further easing of the em- ago, Bill Clinton, why China and not that regime outliving the dictator. bargo should be considered. Cuba. He said China is big. I under- Now, in addition, it is important to Now this is a good-faith editorial stand that. Cuba is small. But children realize that the U.S. embargo has had board. And I would wish that some peo- in Cuba are no less important than collateral successes. The denial of re- ple would realize that times have children in Vietnam or China. Let us sources for the dictatorship has made changed and that the Cuban people de- treat them all equally. We have no jus- it much more difficult for the dictator- serve, like The Washington Post edi- tification for this. ship to cooperate with terrorist organi- torial board has said, solidarity. We can lift the embargo and who zations or to develop biological weap- Mr. RANGEL. Mr. Chairman, I am knows, that governor in Florida may ons. The denial of resources, the limi- pleased to yield 3 minutes to the gen- still get reelected, so there is no need tation of resources to the dictatorship tleman from New York (Mr. SERRANO), to play Florida politics tonight. Let us has helped. But, in addition to that, the cosponsor of this amendment. do what is right. and the most important aspect, is the Mr. SERRANO. Mr. Chairman, I Mr. RANGEL. Mr. Chairman, I yield leverage that must be retained for a thank the gentleman from New York 2 minutes to the gentlewoman from democratic transition. for yielding me this time. California (Ms. LEE). Just like Europe insisted on democ- We have heard a lot of accusations Ms. LEE. Mr. Chairman, I first thank racy in Spain or Portugal, before Spain tonight about Cuba and Castro. In fact, the gentleman from New York (Mr. and Portugal could become part of if I may just make a comment, the RANGEL) for offering this very com- what was then the European Economic only things Cuba and Castro have not monsense amendment, and I urge Mem- Community, today we are saying lib- been blamed for are the Chicago fire, bers to support this amendment which erate the political prisoners, legalize the San Francisco earthquake, the really would cut funds to continue to political parties, labor unions and the stock market crash of 1929, or the one aid the United States embargo on press, and hold an election. that is coming soon, if we are not care- Cuba. Now, why is the issue not the Cuban ful. It is long overdue that the United people’s right to be free like everyone The point here is my colleagues could States lift its 40-year embargo against else in the hemisphere? Why is the spend all the time they want telling us this small island nation. We have seen issue not the Cuban people deserving to how bad Cuba is, but we took a vote to- that this embargo has done more harm

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00102 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.243 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5303 than good. It is a grave injustice to the in the DIA has recently been appre- and dissidents are going to be harassed, people of the United States and to the hended and has been a long-time spy prosecuted and persecuted. That is people in Cuba. for Fidel Castro’s Cuba. These are not Fidel Castro’s policy. I have participated in many fact- friendly motives. These are harmful to The embargo is not what drives a po- finding delegations to Cuba and have the national security. Those are the lice officer to beat unconscious a polit- seen firsthand the devastation and the kinds of things that we are worried ical prisoner who is on a hunger strike. suffering that the embargo has created about. That is Fidel Castro’s policy. That is on that island nation only 90 miles Mr. RANGEL. Mr. Chairman, I yield not U.S. policy. Our policy does not from our shore. One vivid image which 1 minute to the gentlewoman from mandate the summary execution of haunts me is of a child in need of dialy- Texas (Ms. JACKSON-LEE). independent journalists and conscien- sis treatment, struggling to stay alive, (Ms. JACKSON-LEE of Texas asked tious objectors. That is Fidel Castro’s his future was uncertain because of his and was given permission to revise and policy. inability to acquire a replacement part extend her remarks.) Do not confuse the issue. Do not be for the sole dialysis machine in his Ms. JACKSON-LEE of Texas. Mr. part of Jeanne Kirkpatrick’s ‘‘blame town. The embargo prevented a United Chairman, I think the most important America first’’ crowd. It is Fidel Castro States-made part from reaching this part of this discussion tonight is trying that is at fault, not the U.S. embargo. innocent child. to get the United States of America Mr. DIAZ-BALART. Mr. Chairman, I The American people and the United consistent in its foreign policy, and to yield myself the balance of my time. States Congress have voiced their sup- recognize that the amendment offered Mr. Chairman, by hearing the other port for lifting this archaic and anti- by the two gentlemen from New York side on this issue, we would seem to be- quated embargo. Even the majority of makes a lot of sense to provide the lieve that they were talking with Costa the dissidents in Cuba believe that the kind of security that we are seeking as Rica or Panama or some other country where there is a functioning democracy embargo should end. They understand we debate homeland security this where there is no state sponsorship of that the way to democracy in Cuba can week. terrorism. The reality is that Fidel be accomplished through a policy of Ninety miles away from the United Castro is the only world leader who has engagement with the people of Cuba States lies the island of Cuba. People ever called for a nuclear first strike rather than the current policy which there have viewed the United States more as an adversary rather than a against the United States. isolates the small island nation which He is the only world leader who has friend. But when we speak directly to just happens to be an Afro-Hispanic ever called for a first strike against the the Cuban people, they want to engage country. United States, but they may say he is with the United States. As I stand here By maintaining the embargo against a kindly old grandfather now. He is a tonight, I have constituents in Cuba Cuba, the United States is limiting im- good guy, so let us reward him. That is who are involved in cultural exchange portant trade opportunities, which we what the Rangel amendment is seeking and who are being trained to be med- have heard tonight, including food and to do. medicine sales. ical physicians, the same as Cuba has But wait a minute, 2 days ago in In addition, we have severely limited done to send these physicians all over Greece, the head terrorist that was ar- the ability of Americans to travel to the world to help those in need. rested there, Alexandros Yiotopoulos, Cuba, and this is just basically down- As I stand here today, it is important for bombing numerous people in Greece right wrong. to note that there is a strong religious and throughout that part of the world, Economists have verified that if the community in Cuba, but yet the United where was he trained? He was trained embargo toward Cuba were lifted, the States, its foreign policy, will ensure by Fidel Castro’s Cuba. And the Jewish U.S. economy would gain $1.24 billion friendship with China and Vietnam, community center bombed in Argen- in agricultural exports and $3.6 billion but it opposes the friendship with tina in 1994 by the Iranians, where did in related economic output. In addi- Cuba. they assemble? They assembled in tion, we would create thousands of jobs Mr. DIAZ-BALART. Mr. Chairman, I Cuba, flew to Paraguay, crossed the 1 in our country from the tourism sec- yield 1 ⁄2 minutes to the gentlewoman border with fake passports, and fled tor. from Florida (Ms. ROS-LEHTINEN). back to Cuba after the attack. The I am convinced that we must build a Ms. ROS-LEHTINEN. Mr. Chairman, bombers hid in Cuba for several months bridge in our own struggle for human I ask Members tonight to not be part of after the attack, and still have rights and equality which happens to what Ambassador Jeanne Kirkpatrick impugnity. be a country 90 miles away. Let us lift calls the ‘‘blame America first’’ crowd, And the kindly old grandfather goes this embargo. and that is what we have in front of us further. In 2001, the IRA terrorists ar- Mr. DIAZ-BALART. Mr. Chairman, I in the Rangel amendment. rested in Colombia for training the yield 1 minute to the gentleman from The sole mastermind behind Castro’s FARC terrorists there in sophisticated Florida (Mr. GOSS). degrading treatment of its own citizens urban bomb warfare, where were they Mr. GOSS. Mr. Chairman, I have fol- is himself. Fidel Castro. Yet this based? In Cuba. Reward Castro for tor- lowed the debate with great interest amendment says if we lift the embargo, turing the Cuban people and oppressing tonight, and have heard my amend- all will be swell in Cuba. That means the Cuban people and being the only ment seriously mischaracterized. I U.S. policy is to blame for all of the state sponsor of terrorism in this hemi- would like to point out that the misery in Cuba that we have discussed sphere, vote no on the Rangel amend- amendment merely is a safeguard for tonight. But our policy does not create ment. Vote yes on Goss, no on the America and American national secu- the lack of due process. other amendments. rity. If everything is all right and the Our policy does not say that inde- Mr. RANGEL. Mr. Chairman, I yield President certifies everything is all pendent journalists and independent li- the balance of my time to the gentle- right, then there is no problem. But if braries are banned in Cuba. That is woman from California (Ms. WATERS) everything is not all right, then there Fidel Castro’s policy. Our policy does for the purpose of closing. is a problem. I think Members would not maintain a system of remote and Ms. WATERS. Mr. Chairman, it is agree that national security for the unmonitored gulags for prisoners of time to lift the embargo and stop the United States of America and Ameri- conscience. That is Fidel Castro’s pol- blockade. The Castro-haters took this cans is our first priority. icy. Our policy does not forbid inde- floor tonight to talk about limiting I want to point out that the nation of pendent labor unions. That is Fidel travel. But Members of Congress go to Cuba has been about the most aggres- Castro’s policy. Our policy is not the Cuba whenever they want to go. People sive spying on the United States of cause of systematic mistreatment of are going to Cuba from all over Amer- America. We have now convicted 17 religious believers. That is Fidel Cas- ica. Jimmy Carter was there, the Pope spies in the past year or two. I do not tro’s policy. Our policy is not to punish was there. Let the other American peo- know the exact number, but that is nonviolent opposition movement lead- ple go who want to go. close. Certainly the highest-ranking ers. That is Fidel Castro’s policy. We People talked about limiting the re- analyst at the Department of Defense do not say that community activists mittances, but Members of Congress go

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00103 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.244 pfrm17 PsN: H23PT2 H5304 CONGRESSIONAL RECORD — HOUSE July 23, 2002 to Cuba and they take the money to which further proceedings were post- Cooksey Kanjorski Peterson (PA) Costello Kaptur Phelps their families, all of the money that poned and on which the ayes prevailed Coyne Kildee Pomeroy they want to give to them. Let us be by voice vote. Cramer Kilpatrick Price (NC) fair to all of the families in Cuba. Let The Clerk will redesignate the Crowley Kind (WI) Rahall us stop strangling the trade. Cuba amendment. Cummings Kleczka Ramstad Davis (CA) Kolbe Rangel wants to trade. Trade is the corner- The Clerk redesignated the amend- Davis (FL) Kucinich Rehberg stone of capitalism. Members say that ment. Davis (IL) LaFalce Reyes Delahunt LaHood Rivers is what they want. That is what Fidel RECORDED VOTE DeLauro Lampson Rodriguez Castro wants. The CHAIRMAN. A recorded vote has Dicks Langevin Roemer It is time to allow our agricultural been demanded. Dingell Lantos Ross products and our medical products to A recorded vote was ordered. Doggett Larsen (WA) Roybal-Allard be sold. China is there. Canada is there. Dooley Larson (CT) Rush The vote was taken by electronic de- Doyle Latham Ryan (WI) Germany is there. American business vice, and there were—ayes 182, noes 247, Ehlers Leach Sabo people need the opportunity to be not voting 5, as follows: Emerson Lee Sanchez Eshoo Levin Sanders there. What is all of this fear? We do [Roll No. 330] not really fear Fidel Castro. Lift the Evans Lewis (GA) Sandlin AYES—182 Everett Lofgren Sawyer embargo. Farr Lowey Saxton Ackerman Gilman Pickering Mr. DAVIS of Illinois. Mr. Speaker, I rise Fattah Luther Schaffer Aderholt Goode Pitts Filner Lynch Schakowsky today in support of the amendment offered by Andrews Goodlatte Platts Flake Maloney (CT) Schiff Armey Goss my colleague, Mr. RANGEL of New York, which Pombo Ford Maloney (NY) Scott Bachus Graham bans all funding to the Treasury Department Portman Frank Manzullo Serrano Baker Granger Pryce (OH) Frost Markey Shays for enforcement of the embargo against Cuba. Ballenger Green (TX) Putnam Ganske Mascara Sherman Forty years ago, the world order was strik- Bartlett Green (WI) Quinn Gilchrest Matheson Sherwood Barton Grucci ingly different than today. We were in the Radanovich Gonzalez Matsui Shimkus Bass Gutknecht midst of the Cold War, fighting communism Regula Gordon McCarthy (MO) Simmons Berkley Hart Reynolds Graves McCarthy (NY) Simpson from spreading its tentacles around the world. Bilirakis Hastings (WA) Riley Greenwood McCollum Slaughter Blagojevich Hayes With Cuba so close to our shores, it was good Rogers (KY) Gutierrez McDermott Smith (MI) Blunt Hayworth public policy THEN to impose an embargo. Rogers (MI) Hall (OH) McGovern Smith (WA) Boehner Hefley Rohrabacher Hall (TX) McKinney Snyder However, I am reminded of the song ‘‘The Bonilla Hilleary Ros-Lehtinen Hansen McNulty Solis Times They are A-Changin’’—and they have. Brown (SC) Hobson Rothman Harman Meehan Spratt Bryant Hulshof The embargo has not achieved its goals. Roukema Hastings (FL) Meeks (NY) Stark Burr Hunter The same regime rules Cuba now as ruled Royce Herger Millender- Stenholm Burton Hyde Ryun (KS) Hill McDonald Strickland four decades ago; the Cubans do not have Buyer Isakson Schrock Hilliard Miller, George Stupak human or civil rights; American citizens are Calvert Istook Sensenbrenner Hinchey Mink Tanner Cannon Jenkins denied their right to travel; and the economic Sessions Hinojosa Mollohan Tauscher Cantor Johnson, Sam consequences to American farmers and the Shadegg Hoeffel Moore Taylor (MS) Capito Keller Shaw Hoekstra Moran (KS) Thompson (CA) travel industry are significant. Chabot Kelly Shows Holden Moran (VA) Thompson (MS) Let’s lift the embargo and move toward nor- Chambliss Kennedy (MN) Shuster Holt Morella Thune Coble Kennedy (RI) mal commercial and diplomatic relations with Skeen Honda Murtha Tiberi Cox Kerns Skelton Hooley Nadler Tierney Cuba. Let the Cuban people see what democ- Crane King (NY) Horn Napolitano Toomey racy’s all about. Crenshaw Kingston Smith (NJ) Hostettler Neal Towns Cubin Kirk Smith (TX) The CHAIRMAN. The question is on Houghton Nethercutt Turner Culberson Knollenberg Souder the amendment offered by the gen- Hoyer Ney Udall (CO) Cunningham LaTourette Stump Inslee Nussle Udall (NM) tleman from New York (Mr. RANGEL). Davis, Jo Ann Lewis (CA) Sullivan Israel Oberstar Upton The question was taken; and the Davis, Tom Lewis (KY) Sununu Issa Obey Velazquez Deal Linder Sweeney Chairman announced that the noes ap- Jackson (IL) Olver Visclosky DeLay Lipinski Tancredo peared to have it. Jackson-Lee Osborne Waters DeMint LoBiondo Tauzin (TX) Otter Watson (CA) Mr. RANGEL. Mr. Chairman, I de- Deutsch Lucas (KY) Taylor (NC) Jefferson Owens Watt (NC) mand a recorded vote. Diaz-Balart Lucas (OK) Terry John Pastor Waxman Doolittle McCrery Thomas The CHAIRMAN. Pursuant to clause Johnson (CT) Paul Weiner Dreier McHugh Thornberry 6 of rule XVIII, further proceedings on Johnson (IL) Payne Weldon (PA) Duncan McInnis Thurman Johnson, E. B. Pelosi Whitfield the amendment offered by the gen- Dunn McIntyre Tiahrt Jones (NC) Pence Woolsey tleman from New York (Mr. RANGEL) Edwards McKeon Vitter Jones (OH) Peterson (MN) Wynn will be postponed. Ehrlich Meek (FL) Walden Engel Menendez Walsh NOT VOTING—5 SEQUENTIAL VOTES POSTPONED IN COMMITTEE English Mica Wamp Bonior DeGette Traficant OF THE WHOLE Etheridge Miller, Dan Watkins (OK) DeFazio Stearns The CHAIRMAN. Pursuant to clause Ferguson Miller, Gary Watts (OK) 6 of rule XVIII, proceedings will now Fletcher Miller, Jeff Weldon (FL) b 1037 Foley Myrick Weller resume on those amendments on which Forbes Northup Wexler Mr. SAXTON changed his vote from further proceedings were postponed in Fossella Norwood Wicker ‘‘aye’’ to ‘‘no.’’ the following order: The amendment Frelinghuysen Ortiz Wilson (NM) Messrs. LUCAS of Kentucky, printed in House Report 107–585 by the Gallegly Ose Wilson (SC) Gekas Oxley Wolf ENGLISH, GARY B. MILLER of Cali- gentleman from Florida (Mr. GOSS); Gephardt Pallone Wu fornia, SWEENEY, FORBES and RYUN amendment No. 1 by the gentleman Gibbons Pascrell Young (AK) of Kansas changed their vote from from Arizona (Mr. FLAKE); amendment Gillmor Petri Young (FL) ‘‘no’’ to ‘‘aye.’’ No. 20 by the gentleman from Arizona NOES—247 So the amendment was rejected. (Mr. FLAKE); and amendment No. 5 by Abercrombie Biggert Camp The result of the vote was announced the gentleman from New York (Mr. Akin Bishop Capps as above recorded. Allen Blumenauer Capuano RANGEL). AMENDMENT NO. 1 OFFERED BY MR. FLAKE Baca Boehlert Cardin The Chair will reduce to 5 minutes Baird Bono Carson (IN) The CHAIRMAN. The pending busi- the time for any electronic vote after Baldacci Boozman Carson (OK) ness is the demand for a recorded vote the first vote in this series. Baldwin Borski Castle on the amendment offered by the gen- Barcia Boswell Clay AMENDMENT OFFERED BY MR. GOSS Barr Boucher Clayton tleman from Arizona (Mr. FLAKE) on The CHAIRMAN. The pending busi- Barrett Boyd Clement which further proceedings were post- ness is the demand for a recorded vote Becerra Brady (PA) Clyburn poned and on which the noes prevailed on the amendment printed in House Bentsen Brady (TX) Collins by voice vote. Bereuter Brown (FL) Combest Report 107–585 offered by the gen- Berman Brown (OH) Condit The Clerk will redesignate the tleman from Florida (Mr. GOSS) on Berry Callahan Conyers amendment.

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00104 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.246 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5305 The Clerk redesignated the amend- Thune Udall (CO) Waxman The CHAIRMAN. This will be a 5- Thurman Udall (NM) Weiner ment. Tiahrt Upton Weldon (PA) minute vote. RECORDED VOTE Tiberi Velazquez Whitfield The vote was taken by electronic de- The CHAIRMAN. A recorded vote has Tierney Visclosky Wilson (NM) vice, and there were—ayes 251, noes 177, Toomey Waters Woolsey not voting 6, as follows: been demanded. Towns Watson (CA) Wu A recorded vote was ordered. Turner Watt (NC) Wynn [Roll No. 332] The CHAIRMAN. This will be a 5- NOES—167 AYES—251 minute vote. Ackerman Goss Petri Abercrombie Hall (TX) Oberstar The vote was taken by electronic de- Akin Graham Pickering Aderholt Harman Obey Andrews Granger Pitts Allen Hill Olver vice, and there were—ayes 262, noes 167, Baca Hilliard Armey Green (TX) Pombo Ortiz Baird Hinchey answered ‘‘present’’ 1, not voting 4, as Bachus Green (WI) Portman Osborne Baldacci Hinojosa follows: Baker Gutknecht Pryce (OH) Otter Baldwin Hoeffel Ballenger Hansen Putnam Owens [Roll No. 331] Barcia Holden Barr Hart Quinn Pastor Barrett Holt AYES—262 Barton Hastings (FL) Radanovich Paul Berkley Hastings (WA) Bartlett Honda Payne Abercrombie Gallegly Meehan Regula Bass Hooley Bilirakis Hayes Reynolds Pelosi Aderholt Ganske Meeks (NY) Blunt Hayworth Becerra Horn Peterson (MN) Allen Gilchrest Millender- Riley Bentsen Hostettler Boehner Hefley Rogers (MI) Peterson (PA) Baca Gonzalez McDonald Bonilla Hilleary Bereuter Houghton Phelps Baird Gordon Miller, George Rohrabacher Berman Hoyer Bryant Hobson Ros-Lehtinen Platts Baldacci Graves Mink Burr Hulshof Berry Inslee Rothman Pomeroy Baldwin Greenwood Mollohan Burton Hunter Biggert Israel Roukema Price (NC) Barcia Grucci Moore Buyer Hyde Bishop Issa Royce Rahall Barrett Gutierrez Moran (KS) Calvert Istook Blagojevich Jackson (IL) Ryun (KS) Ramstad Bartlett Hall (OH) Moran (VA) Cannon Jenkins Blumenauer Jackson-Lee Saxton Rangel Bass Hall (TX) Morella Cantor Johnson, Sam Boehlert (TX) Schaffer Rehberg Becerra Harman Murtha Capito Jones (NC) Bono Jefferson Schrock Reyes Bentsen Herger Nadler Chabot Keller Boozman John Sensenbrenner Rivers Bereuter Hill Napolitano Chambliss Kelly Borski Johnson (CT) Berman Hilliard Neal Sessions Boswell Johnson (IL) Rodriguez Coble Kennedy (MN) Roemer Berry Hinchey Nethercutt Crane Kennedy (RI) Shadegg Boucher Johnson, E. B. Biggert Hinojosa Ney Shaw Boyd Jones (OH) Ross Crenshaw Kerns Roybal-Allard Bishop Hoeffel Nussle Cubin King (NY) Sherwood Brady (PA) Kanjorski Rush Blagojevich Hoekstra Oberstar Culberson Kingston Shuster Brady (TX) Kaptur Ryan (WI) Blumenauer Holden Obey Cunningham Kirk Simpson Brown (FL) Kildee Sabo Boehlert Holt Olver Davis (FL) Knollenberg Skeen Brown (OH) Kilpatrick Sanchez Bono Honda Ortiz Davis, Jo Ann Lewis (CA) Skelton Brown (SC) Kind (WI) Sanders Boozman Hooley Osborne Davis, Tom Lewis (KY) Smith (NJ) Camp Kirk Borski Horn Otter Deal Linder Smith (TX) Capps Kleczka Sandlin Boswell Hostettler Owens DeLay Lipinski Souder Capuano Kolbe Sawyer Boucher Houghton Pastor Deutsch LoBiondo Stump Cardin Kucinich Schakowsky Boyd Hoyer Paul Diaz-Balart Lucas (KY) Sullivan Carson (IN) LaFalce Schiff Brady (PA) Inslee Payne Doolittle Lucas (OK) Sweeney Carson (OK) LaHood Scott Brady (TX) Isakson Pelosi Dreier McCrery Tancredo Castle Lampson Serrano Brown (OH) Israel Peterson (MN) Duncan McHugh Tauzin Clay Langevin Shays Brown (SC) Issa Peterson (PA) Dunn McInnis Taylor (NC) Clayton Lantos Sherman Callahan Jackson (IL) Phelps Ehrlich McKeon Thomas Clement Larsen (WA) Shimkus Camp Jackson-Lee Platts Engel Meek (FL) Vitter Clyburn Larson (CT) Shows Capps (TX) Pomeroy Ferguson Menendez Walden Combest Latham Simmons Capuano Jefferson Price (NC) Fletcher Mica Walsh Condit Leach Slaughter Cardin John Rahall Foley Miller, Dan Wamp Conyers Lee Smith (MI) Carson (IN) Johnson (CT) Ramstad Forbes Miller, Gary Watkins (OK) Cooksey Levin Smith (WA) Carson (OK) Johnson (IL) Rangel Fossella Miller, Jeff Watts (OK) Costello Lewis (GA) Snyder Castle Johnson, E. B. Rehberg Frelinghuysen Myrick Weldon (FL) Coyne Lofgren Solis Clay Jones (OH) Reyes Gekas Northup Weller Cramer Lowey Spratt Clayton Kanjorski Rivers Gephardt Norwood Wexler Crowley Luther Stark Clement Kaptur Cummings Lynch Rodriguez Gibbons Ose Wicker Stenholm Clyburn Kildee Roemer Davis (CA) Maloney (NY) Gillmor Oxley Wilson (SC) Strickland Collins Kilpatrick Rogers (KY) Davis (FL) Manzullo Gilman Pallone Wolf Stupak Combest Kind (WI) Ross Davis (IL) Markey Goode Pascrell Young (AK) Sununu Condit Kleczka Roybal-Allard DeGette Mascara Goodlatte Pence Young (FL) Tanner Conyers Kolbe Rush Delahunt Matheson Tauscher Cooksey Kucinich Ryan (WI) ANSWERED ‘‘PRESENT’’—1 DeLauro Matsui Taylor (MS) Costello LaFalce Sabo Brown (FL) Dicks McCarthy (MO) Cox LaHood Sanchez Doggett McCarthy (NY) Terry Coyne Lampson Sanders NOT VOTING—4 Dooley McCollum Thompson (CA) Cramer Langevin Sandlin Doyle McDermott Thompson (MS) Bonior Stearns Crowley Lantos Sawyer Edwards McGovern Thornberry DeFazio Traficant Cummings Larsen (WA) Schakowsky Ehlers McHugh Thune Davis (CA) Larson (CT) Schiff b 1046 Emerson McIntyre Thurman Davis (IL) Latham Scott English McKinney Tiahrt DeGette LaTourette Serrano So the amendment was agreed to. Eshoo McNulty Tiberi Delahunt Leach Shays The result of the vote was announced Etheridge Meehan Tierney DeLauro Lee Sherman as above recorded. Evans Meeks (NY) Towns DeMint Levin Shimkus Farr Millender- Turner Dicks Lewis (GA) Shows AMENDMENT NO. 20 OFFERED BY MR. FLAKE Fattah McDonald Udall (CO) Dingell Lofgren Simmons The CHAIRMAN. The pending busi- Filner Miller, George Udall (NM) Doggett Lowey Slaughter ness is the demand for a recorded vote Flake Mink Upton Dooley Luther Smith (MI) Ford Mollohan Velazquez Doyle Lynch Smith (WA) on the amendment offered by the gen- Frank Moore Visclosky Edwards Maloney (CT) Snyder tleman from Arizona (Mr. FLAKE) on Frost Moran (KS) Waters Ehlers Maloney (NY) Solis which further proceedings were post- Ganske Moran (VA) Watson (CA) Emerson Manzullo Spratt poned and on which the ayes prevailed Gilchrest Morella Watt (NC) English Markey Stark Gonzalez Murtha Waxman Eshoo Mascara Stenholm by voice vote. Gordon Nadler Weiner Etheridge Matheson Strickland The Clerk will redesignate the Graves Napolitano Weldon (PA) Evans Matsui Stupak amendment. Greenwood Neal Weller Everett McCarthy (MO) Sununu The Clerk redesignated the amend- Grucci Nethercutt Whitfield Farr McCarthy (NY) Tanner Gutierrez Ney Woolsey Fattah McCollum Tauscher ment. Hall (OH) Nussle Wynn Filner McDermott Taylor (MS) RECORDED VOTE NOES—177 Flake McGovern Terry The CHAIRMAN. A recorded vote has Ford McIntyre Thompson (CA) Ackerman Andrews Bachus Frank McKinney Thompson (MS) been demanded. Akin Armey Baker Frost McNulty Thornberry A recorded vote was ordered.

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00105 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.249 pfrm17 PsN: H23PT2 H5306 CONGRESSIONAL RECORD — HOUSE July 23, 2002 Ballenger Granger Pickering The vote was taken by electronic de- Etheridge Kingston Roukema Barr Green (TX) Pitts vice, and there were—ayes 204, noes 226, Everett Kirk Royce Barton Green (WI) Pombo Ferguson Knollenberg Ryun (KS) Berkley Gutknecht Portman not voting 4, as follows: Fletcher Kolbe Saxton Bilirakis Hart Pryce (OH) [Roll No. 333] Foley LaTourette Schaffer Blunt Hastings (FL) Putnam Forbes Lewis (CA) Schiff Boehner Hastings (WA) Quinn AYES—204 Fossella Lewis (KY) Schrock Bonilla Hayes Radanovich Frelinghuysen Linder Abercrombie Hinchey Oberstar Sensenbrenner Bryant Hayworth Regula Gallegly Lipinski Allen Hinojosa Obey Sessions Burr Hefley Reynolds Gekas LoBiondo Baca Hoeffel Olver Shadegg Burton Herger Riley Gephardt Lucas (KY) Baird Holt Osborne Shaw Buyer Hilleary Rogers (KY) Gibbons Lucas (OK) Baldacci Honda Otter Sherman Callahan Hobson Rogers (MI) Gilchrest Maloney (CT) Baldwin Hooley Owens Sherwood Calvert Hoekstra Rohrabacher Gillmor McCrery Barcia Horn Pastor Shuster Cannon Hulshof Gilman Ros-Lehtinen Barrett Hoyer McHugh Cantor Hunter Paul Goode Simmons Rothman Becerra Inslee McInnis Capito Hyde Payne Goodlatte Simpson Roukema Bentsen Israel McIntyre Chabot Isakson Pelosi Goss Skeen Royce Berman Jackson (IL) McKeon Chambliss Istook Peterson (MN) Graham Skelton Ryun (KS) Berry Jackson-Lee Meek (FL) Coble Jenkins Peterson (PA) Granger Smith (MI) Saxton Biggert (TX) Menendez Collins Johnson, Sam Phelps Green (TX) Smith (NJ) Schaffer Bishop Jefferson Mica Cox Jones (NC) Pomeroy Green (WI) Smith (TX) Schrock Blumenauer John Miller, Dan Crane Keller Price (NC) Greenwood Souder Sensenbrenner Bono Johnson (CT) Miller, Gary Crenshaw Kelly Rahall Grucci Spratt Sessions Boozman Johnson (IL) Miller, Jeff Cubin Kennedy (MN) Ramstad Gutierrez Stump Shadegg Borski Johnson, E. B. Murtha Culberson Kennedy (RI) Rangel Gutknecht Shaw Boswell Jones (OH) Myrick Sullivan Cunningham Kerns Rehberg Hansen Sherwood Boucher Kaptur Nethercutt Sununu Davis, Jo Ann King (NY) Rivers Hart Shuster Boyd Kildee Ney Sweeney Davis, Tom Kingston Rodriguez Hastings (FL) Simpson Brady (PA) Kilpatrick Northup Tancredo Deal Knollenberg Roemer Hastings (WA) Skeen Brown (OH) Kind (WI) Norwood Tauzin DeLay LaTourette Ross Hayes Skelton Capps Kleczka Ortiz Taylor (NC) DeMint Lewis (CA) Roybal-Allard Hayworth Smith (NJ) Capuano Kucinich Ose Terry Deutsch Lewis (KY) Rush Hefley Smith (TX) Carson (IN) LaFalce Oxley Thomas Diaz-Balart Linder Ryan (WI) Hilleary Souder Carson (OK) LaHood Pallone Thornberry Dingell Lipinski Sabo Hobson Stump Clay Lampson Pascrell Tiahrt Doolittle LoBiondo Sullivan Sanchez Hoekstra Pence Clayton Langevin Toomey Dreier Lucas (KY) Sweeney Sanders Holden Petri Clement Lantos Vitter Duncan Lucas (OK) Tancredo Sandlin Hostettler Pickering Clyburn Larsen (WA) Walden Dunn Maloney (CT) Sawyer Houghton Tauzin Condit Larson (CT) Pitts Ehrlich McCrery Schakowsky Hulshof Walsh Taylor (NC) Conyers Latham Platts Engel McInnis Scott Hunter Wamp Thomas Costello Leach Pombo Everett McKeon Serrano Hyde Watkins (OK) Toomey Coyne Lee Portman Ferguson Meek (FL) Shays Isakson Watts (OK) Vitter Cramer Levin Pryce (OH) Fletcher Menendez Shimkus Issa Weldon (FL) Walden Crowley Lewis (GA) Putnam Foley Mica Shows Istook Weldon (PA) Walsh Cummings Lofgren Quinn Forbes Miller, Dan Slaughter Jenkins Weller Wamp Davis (CA) Lowey Radanovich Fossella Miller, Gary Johnson, Sam Wexler Watkins (OK) Davis (IL) Luther Smith (WA) Regula Frelinghuysen Miller, Jeff Jones (NC) Whitfield Watts (OK) DeGette Lynch Snyder Reyes Gallegly Myrick Kanjorski Wicker Weldon (FL) Delahunt Maloney (NY) Solis Reynolds Gekas Northup Keller Wilson (NM) Wexler DeLauro Manzullo Stark Riley Gephardt Norwood Kelly Wilson (SC) Wicker Dicks Markey Stenholm Rogers (KY) Gibbons Ose Kennedy (MN) Wolf Wilson (NM) Dingell Mascara Strickland Rogers (MI) Gillmor Oxley Kennedy (RI) Wu Wilson (SC) Doggett Matheson Stupak Rohrabacher Gilman Pallone Kerns Young (AK) Wolf Dooley Matsui Tanner Ros-Lehtinen Goode Pascrell King (NY) Wu Doyle McCarthy (MO) Tauscher Rothman Young (FL) Goss Pence Young (AK) Edwards McCarthy (NY) Taylor (MS) Graham Petri NOT VOTING—4 Young (FL) Emerson McCollum Thompson (CA) Bonior Stearns NOT VOTING—6 Eshoo McDermott Thompson (MS) Evans McGovern Thune DeFazio Traficant Bonior Goodlatte Stearns Thurman Farr McKinney b 2301 DeFazio Hansen Traficant Fattah McNulty Tiberi Tierney b 2254 Filner Meehan So the amendment was rejected. Flake Meeks (NY) Towns The result of the vote was announced Mr. WELLER changed his vote from Ford Millender- Turner as above recorded. ‘‘no’’ to ‘‘aye.’’ Frank McDonald Udall (CO) Frost Miller, George Udall (NM) Mr. ISTOOK. Mr. Chairman, I move So the amendment was agreed to. Ganske Mink Upton that the Committee do now rise. The result of the vote was announced Gonzalez Mollohan Velazquez The motion was agreed to. as above recorded. Gordon Moore Visclosky Waters Accordingly, the Committee rose; Stated against: Graves Moran (KS) Hall (OH) Moran (VA) Watson (CA) and the Speaker pro tempore (Mr. Mr. GOODLATTE. Mr. Chairman, on rollcall Watt (NC) Hall (TX) Morella TERRY) having assumed the chair, Mr. No. 332, I was unavoidably detained. Harman Nadler Waxman DREIER, Chairman of the Committee of Had I been present, I would have voted Herger Napolitano Weiner Hill Neal Woolsey the Whole House on the State of the ‘‘no.’’ Hilliard Nussle Wynn Union, reported that that Committee, AMENDMENT NO. 5 OFFERED BY MR. RANGEL NOES—226 having had under consideration the bill The CHAIRMAN. The pending busi- (H.R. 5120) making appropriations for ness is the demand for a recorded vote Ackerman Brown (FL) Crane Aderholt Brown (SC) Crenshaw the Treasury Department, the United on amendment No. 5 offered by the gen- Akin Bryant Cubin States Postal Service, the Executive tleman from New York (Mr. RANGEL) Andrews Burr Culberson Office of the President, and certain on which further proceedings were Armey Burton Cunningham Bachus Buyer Davis (FL) Independent Agencies, for the fiscal postponed and on which the noes pre- Baker Callahan Davis, Jo Ann year ending September 30, 2003, and for vailed by voice vote. Ballenger Calvert Davis, Tom other purposes, had come to no resolu- The Clerk will redesignate the Barr Camp Deal tion thereon. amendment. Bartlett Cannon DeLay Barton Cantor DeMint f The Clerk redesignated the amend- Bass Capito Deutsch ment. Bereuter Cardin Diaz-Balart PIPELINE INFRASTRUCTURE PRO- Berkley Castle Doolittle RECORDED VOTE TECTION TO ENHANCE SECURITY Bilirakis Chabot Dreier AND SAFETY ACT The CHAIRMAN. A recorded vote has Blagojevich Chambliss Duncan been demanded. Blunt Coble Dunn The SPEAKER pro tempore. The A recorded vote was ordered. Boehlert Collins Ehlers pending business is the question of sus- Boehner Combest Ehrlich The CHAIRMAN. This will be a 5- Bonilla Cooksey Engel pending the rules and passing the bill, minute vote. Brady (TX) Cox English H.R. 3609, as amended.

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.169 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5307 The Clerk read the title of the bill. McCrery Price (NC) Solis The SPEAKER pro tempore (Mr. McDermott Pryce (OH) Souder TERRY). Is there objection to the re- The SPEAKER pro tempore. The McGovern Putnam Spratt question is on the motion offered by McHugh Quinn Stark quest of the gentleman from Texas? the gentleman from Alaska (Mr. McInnis Radanovich Stenholm There was no objection. YOUNG) that the House suspend the McIntyre Rahall Strickland f McKeon Ramstad Stump rules and pass the bill, H.R. 3609, as McKinney Rangel Stupak LIMITATION ON AMENDMENTS amended, on which the yeas and nays McNulty Regula Sullivan DURING FURTHER CONSIDER- are ordered. Meehan Rehberg Sununu Meek (FL) Reyes ATION OF H.R. 5120, TREASURY The vote was taken by electronic de- Sweeney Meeks (NY) Reynolds Tancredo AND GENERAL GOVERNMENT AP- vice, and there were—yeas 423, nays 4, Menendez Riley Tanner PROPRIATIONS ACT, 2003 not voting 7, as follows: Mica Rivers Tauscher Millender- Rodriguez Mr. ISTOOK. Mr. Speaker, I ask [Roll No. 334] Tauzin McDonald Roemer Taylor (MS) unanimous consent that during consid- YEAS—423 Miller, Dan Rogers (KY) Taylor (NC) eration of H.R. 5120 in the Committee Miller, Gary Rogers (MI) Terry Abercrombie Cummings Hinojosa Miller, George Rohrabacher of the Whole, pursuant to House Reso- Thomas Ackerman Cunningham Hobson Mink Ros-Lehtinen Thompson (CA) lution 488, no further amendment to Aderholt Davis (CA) Hoeffel Mollohan Ross Thompson (MS) the bill may be offered except as fol- Akin Davis (FL) Hoekstra Moore Rothman Thornberry Allen Davis (IL) Holden Moran (KS) Roukema lows: Thune Andrews Davis, Jo Ann Holt Moran (VA) Roybal-Allard Pro forma amendments offered by Thurman Armey Davis, Tom Honda Morella Royce Tiahrt the chairman or ranking minority Baca Deal Hooley Murtha Rush Tiberi member of the Committee on Appro- Bachus DeGette Horn Myrick Ryan (WI) Tierney Baird Delahunt Hostettler Nadler Ryun (KS) priations or their designees for the pur- Toomey Baker DeLauro Houghton Napolitano Sabo pose of debate; Baldacci DeLay Hoyer Neal Sanchez Towns Amendments numbered 2, 8, 12, and Baldwin DeMint Hulshof Turner Nethercutt Sanders 18, as printed in the CONGRESSIONAL Ballenger Deutsch Hunter Ney Sandlin Udall (CO) Barcia Diaz-Balart Hyde Northup Sawyer Udall (NM) RECORD, which shall be debatable for 5 Barr Dicks Inslee Norwood Saxton Upton minutes each; Barrett Dingell Isakson Nussle Schaffer Velazquez An amendment offered by the gen- Bartlett Doggett Israel Visclosky Oberstar Schakowsky tleman from Georgia (Mr. BARR) re- Barton Dooley Issa Obey Schiff Vitter Bass Doolittle Istook Olver Schrock Walden garding a national media campaign, Becerra Doyle Jackson (IL) Ortiz Scott Walsh and an amendment offered by the gen- Bentsen Dreier Jackson-Lee Wamp Osborne Sensenbrenner tleman from California (Mr. GEORGE Bereuter Duncan (TX) Ose Serrano Watkins (OK) Berkley Dunn Jefferson Otter Sessions Watson (CA) MILLER) regarding Federal Acquisition Berman Edwards Jenkins Owens Shadegg Watt (NC) Regulation, which shall each be debat- Berry Ehlers John Oxley Shaw Watts (OK) able for 20 minutes each; Biggert Ehrlich Johnson (CT) Pallone Shays Waxman Amendment numbered 16, as printed Bilirakis Emerson Johnson (IL) Pascrell Sherman Weiner Bishop Engel Johnson, E. B. Pastor Sherwood Weldon (FL) in the CONGRESSIONAL RECORD, an Blagojevich English Johnson, Sam Payne Shimkus Weldon (PA) amendment offered by the gentleman Blumenauer Eshoo Jones (NC) Pelosi Shows Weller from Maryland (Mr. HOYER) regarding Blunt Etheridge Jones (OH) Pence Shuster Wexler High Sea Repairs, and the amendment Boehlert Evans Kanjorski Peterson (MN) Simmons Whitfield Boehner Everett Kaptur Peterson (PA) Simpson Wicker offered by the gentleman from Colo- Bonilla Farr Keller Petri Skeen Wilson (NM) rado (Mr. HEFLEY) that I have placed at Bono Fattah Kelly Phelps Skelton Wilson (SC) the desk, which shall be debatable for Boozman Ferguson Kennedy (MN) Pickering Slaughter Wolf Borski Filner Kennedy (RI) Pitts Smith (MI) Woolsey 10 minutes each; Boswell Fletcher Kerns Platts Smith (NJ) Wu Amendment numbered 21 in the CON- Boucher Foley Kildee Pombo Smith (TX) Wynn GRESSIONAL RECORD, which shall be de- Boyd Forbes Kilpatrick Pomeroy Smith (WA) Young (AK) batable for 40 minutes; Brady (PA) Ford Kind (WI) Portman Snyder Young (FL) Brady (TX) Fossella King (NY) And an amendment offered by the Brown (FL) Frank Kingston NAYS—4 gentleman from Vermont (Mr. SAND- Brown (OH) Frelinghuysen Kirk Flake Paul ERS) regarding taxation of pension Brown (SC) Frost Knollenberg Miller, Jeff Waters Bryant Gallegly Kolbe plans, which shall be debatable for 30 Burr Ganske Kucinich NOT VOTING—7 minutes. Burton Gekas LaFalce Bonior Hill Traficant Each such amendment may be offered Buyer Gephardt LaHood Clay Kleczka only by the Member designated in this Callahan Gibbons Lampson DeFazio Stearns Calvert Gilchrest Langevin unanimous consent request, or a des- Camp Gillmor Lantos b 2319 ignee, or the Member who caused it to Cannon Gilman Larsen (WA) So (two-thirds having voted in favor be printed, or a designee, shall be con- Cantor Gonzalez Larson (CT) sidered as read, shall be debatable for Capito Goode Latham thereof) the rules were suspended and Capps Goodlatte LaTourette the bill, as amended, was passed. the time specified equally divided and Capuano Gordon Leach The result of the vote was announced controlled by the proponent and an op- Cardin Goss Lee ponent, shall not be subject to amend- Carson (IN) Graham Levin as above recorded. Carson (OK) Granger Lewis (CA) A motion to reconsider was laid on ment, and shall not be subject to a de- Castle Graves Lewis (GA) the table. mand for a division of the question in Chabot Green (TX) Lewis (KY) the House or in the Committee of the Chambliss Green (WI) Linder f Clayton Greenwood Lipinski Whole. Clement Grucci LoBiondo b 2320 Mr. KUCINICH. Mr. Speaker, reserv- Clyburn Gutierrez Lofgren PERMISSION FOR SELECT COM- ing the right to object, if the gen- Coble Gutknecht Lowey MITTEE ON HOMELAND SECU- tleman would yield for a question. Collins Hall (OH) Lucas (KY) Mr. ISTOOK. Certainly. Combest Hall (TX) Lucas (OK) RITY TO HAVE UNTIL 3 A.M. ON Mr. KUCINICH. Would the gentleman Condit Hansen Luther WEDNESDAY, JULY 24, 2002, TO Conyers Harman Lynch recount the title of amendment No. 8. Cooksey Hart Maloney (CT) FILE REPORT ON H.R. 5005, Mr. ISTOOK. If the gentleman will Costello Hastings (FL) Maloney (NY) HOMELAND SECURITY ACT OF yield, amendment No. 8 is in a group- Cox Hastings (WA) Manzullo 2002 Coyne Hayes Markey ing with amendments numbered 2, 8, 12, Cramer Hayworth Mascara Mr. ARMEY. Mr. Speaker, I ask and 18, as printed in the CONGRES- Crane Hefley Matheson unanimous consent that the Select SIONAL RECORD, which shall be debat- Crenshaw Herger Matsui Committee on Homeland Security have Crowley Hilleary McCarthy (MO) able for 5 minutes each. Cubin Hilliard McCarthy (NY) until 3 a.m. on Wednesday, July 24, to Mr. HOYER. Mr. Speaker, will the Culberson Hinchey McCollum file a report to accompany H.R. 5005. gentleman yield?

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00107 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.255 pfrm17 PsN: H23PT2 H5308 CONGRESSIONAL RECORD — HOUSE July 23, 2002 Mr. KUCINICH. Mr. Speaker, under SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the Department of Defense for fiscal year 2003 my reservation of objection, I yield to (a) SHORT TITLE.—This Act may be cited as the amount of $3,544,682,000, to be available the gentleman from Maryland. the ‘‘Cost of War Against Terrorism Authoriza- only for operations in accordance with the pur- Mr. HOYER. Mr. Speaker, I do not in- tion Act of 2002’’. poses stated in section 2 for Operation Noble (b) TABLE OF CONTENTS.—The table of con- tend to object, but I just want to make Eagle and Operation Enduring Freedom. Funds tents of this Act is as follows: authorized in the preceding sentence may only sure that the amendment of the gentle- Sec. 1. Short title; table of contents. be used as provided in subsection (b). woman from Texas (Ms. JACKSON-LEE) Sec. 2. Amounts authorized for the War on Ter- (b) TRANSFER AUTHORITY.—Subject to section is in there. We have talked about that; rorism. 103, the Secretary of Defense may, in the Sec- No. 12. Sec. 3. Additional authorizations retary’s discretion, transfer amounts authorized Mr. ISTOOK. If the gentleman from TITLE I—AUTHORIZATION OF in subsection (a) to any fiscal year 2003 military Ohio will continue to yield. APPROPRIATIONS personnel or operation and maintenance ac- Mr. KUCINICH. I yield to the gen- Subtitle A—Authorizations to Transfer Accounts count of the Department of Defense for the purposes stated in that subsection. tleman from Oklahoma. Sec. 101. War on Terrorism Operations Fund. Mr. ISTOOK. Mr. Speaker, I am told Sec. 102. War on Terrorism Equipment Replace- SEC. 102. WAR ON TERRORISM EQUIPMENT RE- PLACEMENT AND ENHANCEMENT it is. I am not sure of the number. Oh, ment and Enhancement Fund. FUND. Sec. 103. General provisions applicable to trans- No. 12. It is in there, yes. (a) AUTHORIZATION OF APPROPRIATIONS.— Mr. HOYER. I thank the gentleman. fers. There is hereby authorized to be appropriated to Mr. KUCINICH. Reclaiming my time Subtitle B—Authorizations to Specified the Department of Defense for fiscal year 2003 under my reservation of objection, Accounts the amount of $1,000,000,000, to be available could the gentleman again give the Sec. 111. Army procurement. only in accordance with the purposes stated in title of amendment No. 18 at this point, Sec. 112. Navy and Marine Corps procurement. section 2 and to be used only as provided in sub- then. Sec. 113. Air Force procurement. section (b). Sec. 114. Defense-wide activities procurement. (b) TRANSFER AUTHORITY.—Subject to section Mr. ISTOOK. If the gentleman will Sec. 115. Research, development, test, and eval- once again yield, No. 18 is included in 103, the Secretary of Defense may, in the Sec- uation, defense-wide. retary’s discretion, transfer amounts authorized the request and is debatable for 5 min- Sec. 116. Classified activities. in subsection (a) to any fiscal year 2003 procure- utes. Sec. 117. Global Information Grid system. ment or research, development, test, and evalua- Mr. KUCINICH. And which one is Sec. 118. Operation and maintenance. tion account of the Department of Defense for that? Sec. 119. Military personnel. the purpose of— Mr. ISTOOK. I understand that that Subtitle C—Military Construction (1) emergency replacement of equipment and is the amendment that the gentleman Authorizations munitions lost or expended in operations con- from Ohio has filed. Sec. 131. Authorized military construction and ducted as part of Operation Noble Eagle or Op- Mr. KUCINICH. Mr. Speaker, I with- land acquisition projects. eration Enduring Freedom; or draw my reservation of objection. TITLE II—WARTIME PAY AND ALLOWANCE (2) enhancement of critical military capabili- INCREASES ties necessary to carry out operations pursuant The SPEAKER pro tempore. The to Public Law 107-40. Clerk will report the amendment of- Sec. 201. Increase in rate for family separation allowance. SEC. 103. GENERAL PROVISIONS APPLICABLE TO fered by the gentleman from Colorado TRANSFERS. Sec. 202. Increase in rates for various haz- (Mr. HEFLEY). (a) IN GENERAL.—Amounts transferred pursu- The Clerk read as follows: ardous duty incentive pays. Sec. 203. Increase in rate for diving duty special ant to section 101(b) or 102(b) shall be merged Amendment Offered by Mr. HEFLEY: pay. with, and available for the same purposes and Page 103, after line 10, insert the following Sec. 204. Increase in rate for imminent danger the same time period as, the account to which new section: pay. transferred. SEC. . The amount otherwise provided by Sec. 205. Increase in rate for career enlisted (b) CONGRESSIONAL NOTICE-AND-WAIT RE- this Act under the heading ‘‘Allowances and flyer incentive pay. QUIREMENT.—A transfer may not be made under Office Staff for Former Presidents’’ is hereby Sec. 206. Increase in amount of death gratuity. section 101(b) or 102(b) until the Secretary of reduced by $339,000. Sec. 207. Effective date. Defense has submitted a notice in writing to the The SPEAKER pro tempore. Is there Committees on Armed Services and the Commit- TITLE III—ADDITIONAL PROVISIONS objection to the request of the gen- tees on Appropriations of the Senate and House Sec. 301. Establishment of at least one Weapons of Representatives of the proposed transfer and tleman from Oklahoma? of Mass Destruction Civil Support There was no objection. a period of 15 days has elapsed after the date Team in each State. such notice is received. Any such notice shall f Sec. 302. Authority for joint task forces to pro- include specification of the amount of the pro- ANNOUNCEMENT BY THE SPEAKER vide support to law enforcement posed transfer, the account to which the trans- agencies conducting counter-ter- PRO TEMPORE fer is to be made, and the purpose of the trans- rorism activities. fer. The SPEAKER pro tempore. Pursu- Sec. 303. Sense of Congress on assistance to first (c) TRANSFER AUTHORITY CUMULATIVE.—The ant to clause 8 of rule XX, the Chair responders. transfer authority provided by this subtitle is in announces that he will postpone fur- SEC. 2. AMOUNTS AUTHORIZED FOR THE WAR ON addition to any other transfer authority avail- ther proceedings today on the motion TERRORISM. able to the Secretary of Defense under this Act The amounts authorized to be appropriated in or any other Act. to suspend the rules on which a re- this Act, totalling $10,000,000,000, are authorized corded vote or the yeas and nays are for the conduct of operations in continuation of Subtitle B—Authorizations to Specified ordered, or on which the vote is ob- the war on terrorism in accordance with the Au- Accounts jected to under clause 6 of rule XX. thorization for Use of Military Force (Public SEC. 111. ARMY PROCUREMENT. Any record vote on the postponed Law 107–40; 50 U.S.C. 1541 note) and, to the ex- Funds are hereby authorized to be appro- question will be taken tomorrow. tent appropriations are made pursuant to such priated for fiscal year 2003 for procurement ac- authorizations, shall only be expended in a counts of the Army in amounts as follows: f manner consistent with the purposes stated in (1) For ammunition, $94,000,000. COST OF WAR AGAINST TER- section 2(a) thereof. (2) For other procurement, $10,700,000. RORISM AUTHORIZATION ACT OF SEC. 3. ADDITIONAL AUTHORIZATIONS SEC. 112. NAVY AND MARINE CORPS PROCURE- 2002 The amounts authorized to be appropriated by MENT. (a) NAVY.—Funds are hereby authorized to be Mr. HUNTER. Mr. Speaker, I move to this Act are in addition to amounts authorized to be appropriated for military functions of the appropriated for fiscal year 2003 for procure- suspend the rules and pass the bill Department of Defense for fiscal year 2003 in the ment accounts for the Navy in amounts as fol- (H.R. 4547) to authorize appropriations National Defense Authorization Act for Fiscal lows: for fiscal year 2003 for military activi- Year 2003 or any other Act. (1) For aircraft, $106,000,000. (2) For weapons, including missiles and tor- ties of the Department of Defense and TITLE I—AUTHORIZATION OF to prescribe military personnel pedoes, $633,000,000. APPROPRIATIONS (b) MARINE CORPS.—Funds are hereby author- strengths for fiscal year 2003. Subtitle A—Authorizations to Transfer ized to be appropriated for fiscal year 2003 for The Clerk read as follows: Accounts the procurement account for the Marine Corps H.R. 4547 SEC. 101. WAR ON TERRORISM OPERATIONS in the amount of $25,200,000. Be it enacted by the Senate and House of Rep- FUND. (c) NAVY AND MARINE CORPS AMMUNITION.— resentatives of the United States of America in (a) AUTHORIZATION OF APPROPRIATIONS.— Funds are hereby authorized to be appropriated Congress assembled, There is hereby authorized to be appropriated to for fiscal year 2003 for the procurement account

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00108 Fmt 4634 Sfmt 6333 E:\CR\FM\K23JY7.257 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5309 for ammunition for the Navy and the Marine year 2003 for unspecified intelligence and classi- Armed Forces for expenses, not otherwise pro- Corps in the amount of $120,600,000. fied activities in the amount of $1,980,674,000, of vided for, for operation and maintenance, in SEC. 113. AIR FORCE PROCUREMENT. which— amounts as follows: Funds are hereby authorized to be appro- (1) $1,618,874,000 is authorized to be appro- (1) For the Army, $14,270,000. priated for fiscal year 2003 for procurement ac- priated to procurement accounts; (2) For the Navy, $5,252,500. (2) $301,600,000 is authorized to be appro- counts for the Air Force in amounts as follows: priated to operation and maintenance accounts; (3) For the Marine Corps, $11,396,000. (1) For aircraft, $214,550,000. and (4) For the Air Force, $517,285,000. (2) For ammunition, $157,900,000. (3) $60,200,000 is authorized to be appropriated SEC. 119. MILITARY PERSONNEL. (3) For other procurement, $10,800,000. to research, development, test, and evaluation There is hereby authorized to be appropriated SEC. 114. DEFENSE-WIDE ACTIVITIES PROCURE- accounts. MENT. to the Department of Defense for military per- SEC. 117. GLOBAL INFORMATION GRID SYSTEM. sonnel accounts for fiscal year 2003 a total of Funds are hereby authorized to be appro- None of the funds authorized to be appro- $503,100,000. priated for fiscal year 2003 for the procurement priated by this Act for the Department of De- account for Defense-wide procurement in the fense system known as the Global Information Subtitle C—Military Construction amount of $620,414,000. Grid may be obligated until the Secretary of De- Authorizations SEC. 115. RESEARCH, DEVELOPMENT, TEST, AND fense submits to the Committees on Armed Serv- SEC. 131. AUTHORIZED MILITARY CONSTRUCTION EVALUATION, DEFENSE-WIDE. ices and the Committees on Appropriations of AND LAND ACQUISITION PROJECTS. Funds are hereby authorized to be appro- the Senate and House of Representatives the (a) PROJECTS AUTHORIZED.—Using amounts priated for fiscal year 2003 for the research, de- Secretary’s certification that the end-to-end sys- appropriated pursuant to the authorization of velopment, test, and evaluation account for De- tem is secure and protected from unauthorized appropriations in subsection (b), the Secretary fense-wide activities in the amount of access to the information transmitted through of the military department concerned may ac- $390,100,000. the system. quire real property and carry out military con- SEC. 116. CLASSIFIED ACTIVITIES. SEC. 118. OPERATION AND MAINTENANCE. struction projects for the installations and loca- Funds are hereby authorized to be appro- Funds are hereby authorized to be appro- tions, and in the amounts, set forth in the fol- priated for the Department of Defense for fiscal priated for fiscal year 2003 for the use of the lowing table:

Projects Authorized

Military Department Installation or location Amount

Department of the Army ...... Qatar ...... $8,600,000 Department of the Navy ...... Naval Station, Guantanamo Bay, Cuba ...... $4,280,000 Naval Station, Rota, Spain ...... $18,700,000 Department of the Air Force ...... Bolling Air Force Base, District of Columbia ...... $3,500,000

Total ...... $35,080,000

(b) AUTHORIZATION OF APPROPRIATIONS.— (d) REMOVAL OF AIR WEAPONS CONTROLLER son covered by section 1475 or 1476 of title 10, Funds are hereby authorized to be appropriated CREW MEMBERS FROM LIST OF HAZARDOUS DU- United States Code, whose date of death occurs for fiscal year 2003 for the military construction TIES.—Such section is further amended— on or after the later of the following: projects authorized by subsection (a) in the total (1) in subsection (a)— (1) The date of the enactment of this Act. amount of $35,080,000. (A) by striking paragraph (12); (2) October 1, 2002. TITLE II—WARTIME PAY AND ALLOWANCE (B) in paragraph (11), by striking ‘‘; or’’ and TITLE III—ADDITIONAL PROVISIONS INCREASES inserting a period; and (C) in paragraph (10), by inserting ‘‘or’’ after SEC. 301. ESTABLISHMENT OF AT LEAST ONE WEAPONS OF MASS DESTRUCTION SEC. 201. INCREASE IN RATE FOR FAMILY SEPA- the semicolon; and RATION ALLOWANCE. CIVIL SUPPORT TEAM IN EACH (2) in subsection (c), as amended by sub- Section 427(a)(1) of title 37, United States STATE. sections (b) and (c) of this section— Code, is amended by striking ‘‘$100’’ and insert- (a) FINDINGS.—Congress makes the following (A) by striking ‘‘(1)’’; and findings: ing ‘‘$125’’. (B) by striking paragraph (2). SEC. 202. INCREASE IN RATES FOR VARIOUS HAZ- (1) Weapons of Mass Destruction Civil Sup- SEC. 203. INCREASE IN RATE FOR DIVING DUTY ARDOUS DUTY INCENTIVE PAYS. port Teams are strategic assets, stationed at the SPECIAL PAY. operational level, as an immediate response ca- (a) FLIGHT PAY FOR CREW MEMBERS.—Sub- Section 304(b) of title 37, United States Code, section (b) of section 301 of title 37, United pability to assist local responders in the event of is amended— an emergency within the United States involv- States Code, is amended by striking the table (1) by striking ‘‘$240’’ and inserting ‘‘$290’’; ing use or potential use of weapons of mass de- and inserting the following new table: and struction. ‘‘Pay grade: Monthly Rate (2) by striking ‘‘$340’’ and inserting ‘‘$390’’. O–10 ...... $200 (2) Since September 11 2001, Civil Support SEC. 204. INCREASE IN RATE FOR IMMINENT DAN- Teams have responded to more than 200 requests O–9 ...... $200 GER PAY. for support from civil authorities for actual or O–8 ...... $200 Section 310(a) of title 37, United States Code, O–7 ...... $200 potential weapons of mass destruction incidents is amended by striking ‘‘$150’’ and inserting O–6 ...... $300 and have supported various national events, in- ‘‘$250’’. O–5 ...... $300 cluding the World Series, the Super Bowl, and O–4 ...... $275 SEC. 205. INCREASE IN RATE FOR CAREER EN- the 2002 Winter Olympics. O–3 ...... $225 LISTED FLYER INCENTIVE PAY. (3) To enhance homeland security as the Na- O–2 ...... $200 The table in section 320(d) of title 37, United tion fights the war against terrorism, each State O–1 ...... $200 States Code, is amended to read as follows: and territory must have a Weapons of Mass De- W–5 ...... $300 ‘‘Years of aviation Monthly rate struction Civil Support Team to respond to po- W–4 ...... $300 service tential weapons of mass destruction incidents. W–3 ...... $225 4 or less ...... $200 (4) In section 1026 of the Bob Stump National W–2 ...... $200 Over 4 ...... $275 W–1 ...... $200 Defense Authorization Act for Fiscal Year 2003 Over 8 ...... $400 as passed the House of Representatives on May E–9 ...... $290 Over 14 ...... $450.’’. E–8 ...... $290 10, 2002 (H.R. 4546 of the 107th Congress), the E–7 ...... $290 SEC. 206. INCREASE IN AMOUNT OF DEATH GRA- House of Representatives has already taken ac- E–6 ...... $265 TUITY. tion to that end by expressing the sense of Con- E–5 ...... $240 Section 1478(a) of title 10, United States Code, gress that the Secretary of Defense should estab- E–4 ...... $215 is amended by striking ‘‘$6,000’’ and inserting lish 23 additional Weapons of Mass Destruction E–3 ...... $200 ‘‘$12,000’’. Civil Support Teams in order to provide at least E–2 ...... $200 SEC. 207. EFFECTIVE DATE. one such team in each State and territory. E–1 ...... $200’’. (a) IN GENERAL.—Except as provided in sub- (5) According to a September 2001 report of the (b) INCENTIVE PAY FOR PARACHUTE JUMPING section (b), the amendments made by this title Comptroller General entitled ‘‘Combating Ter- WITHOUT STATIC LINE.—Subsection (c)(1) of shall take effect on the later of the following: rorism’’, the Department of Defense plans that such section is amended by striking ‘‘$225’’ and (1) The first day of the first month beginning there eventually should be a Weapons of Mass inserting ‘‘$275’’. on or after the date of the enactment of this Act. Destruction Civil Support Teams in each State, (c) OTHER HAZARDOUS DUTIES.—Subsection (2) October 1, 2002. territory, and the District of Columbia. (c)(1) of such section is amended by striking (b) DEATH GRATUITY.—The amendment made (b) REQUIREMENT.—From funds authorized to ‘‘$150’’ and inserting ‘‘$200’’. by section 206 shall apply with respect to a per- be appropriated in section 101, the Secretary of

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00109 Fmt 4634 Sfmt 6333 E:\CR\FM\A23JY7.173 pfrm17 PsN: H23PT2 H5310 CONGRESSIONAL RECORD — HOUSE July 23, 2002 Defense shall ensure that there is established at that I have of 20 minutes, that half of having acted on the totality of the de- least one Weapons of Mass Destruction Civil that be designated to the gentleman fense budget for fiscal year 2003. Support Team in each State. from Missouri (Mr. SKELTON) for pur- H.R. 4547, as amended by the Com- (c) DEFINITIONS.—For purposes of this section: poses of control. mittee on Armed Services, represents a (1) The term ‘‘Weapons of Mass Destruction Civil Support Team’’ means a team of members The SPEAKER pro tempore. Is there compromise of sorts. It authorizes spe- of the reserve components of the armed forces objection to the request of the gen- cific activities where we have received that is established under section 12310(c) of title tleman from California? specific detail on how the Pentagon in- 10, United States Code, in support of emergency There was no objection. tends to execute war-related activities preparedness programs to prepare for or to re- Mr. HUNTER. Mr. Speaker, I yield and it grants the administration flexi- spond to any emergency involving the use of a myself such time as I may consume. bility for these accounts that tradi- weapon of mass destruction. Mr. Speaker, on July 18, the House tionally are nearly impossible to define (2) The term ‘‘State’’ includes the District of Committee on Armed Services reported in such a situation. Columbia, Puerto Rico, the Virgin Islands, and out the bill presently before the House, This bill accomplishes a number of Guam. H.R. 4547, on a near unanimous vote of (d) DEADLINE FOR IMPLEMENTATION.—The objectives: First, it preserves the ac- Secretary of Defense shall ensure that sub- 50 to 1. To understand what this bill tion already taken by the committee section (b) is fully implemented not later than does, allow me to first provide a bit of by fulfilling our commitment to au- September 30, 2003. background. thorize the $3.5 billion worth of war-re- SEC. 302. AUTHORITY FOR JOINT TASK FORCES The President’s budget request for lated items we deferred earlier in May. TO PROVIDE SUPPORT TO LAW EN- fiscal year 2003 contained an unprece- Second, it would keep intact all major FORCEMENT AGENCIES CON- dented request for the Congress to es- DUCTING COUNTER-TERRORISM AC- elements of the budget request and au- TIVITIES. tablish a $10 billion war contingency thorize those amounts for which the (a) AUTHORITY.—A joint task force of the De- fund that would allow the Department administration has identified a specific partment of Defense that provides support to of Defense maximum flexibility in ex- purpose. Third, it provides the Depart- law enforcement agencies conducting counter- panding these funds to prosecute the ment of Defense significant flexibility drug activities may also provide, consistent with war on terrorism. In response, the by creating two transfer accounts that all applicable laws and regulations, support to House adopted a budget resolution in the Secretary can use to move money law enforcement agencies conducting counter- March that set aside $10 billion of the around and to meet the needs of the terrorism activities. defense budget in a special reserve fund (b) CONDITIONS.—Any support provided under war as they emerge. for this purpose. subsection (a) may only be provided in the geo- b 2330 graphic area of responsibility of the joint task The operative language of the budget force. resolution establishing the procedure Finally, it fully and specifically com- (c) FUNDS.—Funds are hereby authorized to by which the House would be able to plies with the terms of the budget reso- be appropriated for fiscal year 2003 in the consider authorizing or appropriating lution by ensuring that all activities amount of $5,000,000 to provide support for the $10 billion fund requires that only funded by this bill are directly for the counter-terrorism activities in accordance with legislation that provides new budget prosecution of the war on terrorism. I subsections (a) and (b). authority for operations of the Depart- would repeat that to my colleagues, SEC. 303. SENSE OF CONGRESS ON ASSISTANCE ment of Defense to prosecute the war that all the dollars that are expended TO FIRST RESPONDERS. on terrorism will qualify to use this in this bill must be compliant with the It is the sense of Congress that the Secretary of Defense should, to the extent the Secretary fund. resolution that this House passed on determines appropriate, use funds provided in On July 3, the President submitted to September 14, 2001. this Act to assist, train, and equip local fire and Congress a request to amend his budget Mr. Speaker, we are moving this bill police departments that would be a first re- to provide a bit more detail on how through the House tonight on an expe- sponder to a domestic terrorist incident that DOD proposes to expend these funds dited schedule for a good reason. The may come about in connection with the contin- but would still essentially remain one President has asked the Congress to ued fight to prosecute the war on terrorism. large $10 billion contingency fund. send him first those bills that he needs The SPEAKER pro tempore. Pursu- When the committee and the House to ensure that we continue to prevail ant to the rule, the gentleman from acted on the defense authorization bill in our war against terrorism. California (Mr. HUNTER) and the gen- earlier this year, we recognized that The House has done everything pos- tleman from Missouri (Mr. SKELTON) this approach would require that we sible to comply with this important re- each will control 20 minutes. split the defense authorization bill into quest, and tonight’s expedited consid- Mr. KUCINICH. Mr. Speaker, I rise to two pieces. One would involve the re- eration of this war funding bill is a claim time in opposition. quested defense program minus the $10 continuation of this commitment to The SPEAKER pro tempore. Is the billion, and the other would be the $10 properly support our men and women gentleman from Missouri (Mr. SKEL- billion which would follow at some who are on the front lines of this chal- TON) opposed to the motion? later point. lenge. Mr. SKELTON. No, Mr. Speaker. In passing the base defense bill, we In closing, I thank committee mem- The SPEAKER pro tempore. Under also took preliminary action on the $10 bers on both sides of the aisle who the clause 1(c) of rule XV, the Chair billion bill by authorizing about $3.5 worked so cooperatively to move this recognizes the gentleman from Ohio billion worth of programs that we process forward with the gentleman (Mr. KUCINICH) to control the time in judged to be more appropriately con- from Arizona (Mr. STUMP) and the gen- opposition to the motion. Each side sidered as part of the so-called ‘‘cost of tleman from Missouri (Mr. SKELTON), will control 20 minutes. war’’ fund. Since then, the Senate has the ranking member. The Chair recognizes the gentleman passed its version of the defense au- Mr. Speaker, this bill was developed from California (Mr. HUNTER). thorization bill and chose to include on a bipartisan basis with the mutual GENERAL LEAVE the $10 billion, unlike the House. So at objective of striking a balance between Mr. HUNTER. Mr. Speaker, I ask this point, we are disconnected with congressional prerogatives and the unanimous consent that all Members the Senate over the $10 billion as we need to provide the department with may have 5 legislative days within prepare to go to conference. some flexibility in financing this un- which to revise and extend their re- All this background brings us to precedented global war on terrorism. marks on the bill under consideration, today. The objectives of this bill are The bill represents a very reasonable H.R. 4547. twofold: First, to preserve the preroga- approach that accomplishes all these The SPEAKER pro tempore. Is there tive of the Congress and the author- goals. I urge Members to give it their objection to the request of the gen- izing process by considering and very strong support. tleman from California? issuing our recommendation on this re- Mr. Speaker, I reserve the balance of There was no objection. maining piece of the defense budget; my time. Mr. HUNTER. Mr. Speaker, I ask and, second, to move this bill through Mr. KUCINICH. Mr. Speaker, I yield unanimous consent that half the time the process so that we can go to con- 11⁄2 minutes to the gentleman from Ar- in support of the bill, that is the time ference with the Senate with both sides kansas (Mr. Synder).

VerDate Jul 19 2002 01:37 Jul 25, 2002 Jkt 099060 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\CR\FM\A23JY7.173 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5311 Mr. SNYDER. Mr. Speaker, let me Although the committee’s approach such nations, organizations or per- just say I am a member of the Com- may not provide the Department of De- sons.’’ mittee on Armed Services and the com- fense with complete discretion and use Therefore, it is clear that the committee considered this bill last week of the $10 billion, I believe it provides mittee intends that funds authorized in and I voted for it coming out of com- sufficient flexibility for the depart- this bill are only to be used for mili- mittee, but this is a very, very poor ment. tary operations against entities re- process. I also want to indicate my support sponsible for the September 11 attacks, Members got the Blackberry a week for the premise of this bill that the or entities that harbor those respon- or two after September 11, and we get funds we authorize today are tied to sible. notice when bills are going to be con- the resolution passed by Congress on Likewise, I believe funds in this bill sidered. I believe it was 8:47 this September 14, 2001, that authorizes the cannot be used to expand the war on evening I got a message that said that use of force against those who attacked terrorism to other nations absent clear we were going to finish with the Cuban our great Nation on September 11. The and compelling evidence that a nation amendments on Treasury-Postal appro- effort here today is to provide the ad- was responsible for the September 11 priations and go home. ministration funding for activities that attacks or is actively and willingly At 9:12 another message comes over are directly related to prosecuting the harboring those responsible unless sub- it and says through this expedited war against terrorism. sequently authorized for such a pur- process, we are going to consider a $10 Mr. DOGGETT. Mr. Speaker, will the pose by Congress. billion bill, and we are going to give 20 gentleman yield? Mr. SKELTON. Mr. Speaker, I re- minutes on each side. The Chamber is Mr. SKELTON. I yield to the gen- serve the balance of my time. empty. Do not kid anyone, Members tleman from Texas. b 2340 are not sitting in their offices watching Mr. DOGGETT. Mr. Speaker, so do I the debate tonight. This is a time of understand that this in no way author- Mr. KUCINICH. Mr. Speaker, I yield war, a time when our country expects izes the expenditure of monies for any myself such time as I may consume. us to be paying attention to these attack on the nation of Iraq? I want to congratulate the gentleman kinds of bills, and we are not expe- Mr. SKELTON. Mr. Speaker, by its from Maine (Mr. ALLEN) and the com- diting the process, we are expediting verbiage, this is limited to the resolu- mittee for focusing in on that point be- the denial of democracy. tion that passed Congress on Sep- cause certainly it was not the intent of I wanted to do an amendment on this tember 14, 2001. that committee to have that used for bill. This process means there are no Mr. DOGGETT. Which is a very nar- anything other than what is in the res- amendments. I had help with my row resolution tying it to the events of olution of September 14 which, Mr. amendment by the gentleman from Ne- September 11? Speaker, I voted for. braska (Mr. BEREUTER), a well-re- Mr. SKELTON. Absolutely. I want to say that while I know that spected Republican subcommittee Mr. DOGGETT. Mr. Speaker, I thank is the intention of the committee, I chairman, and the gentleman from Illi- the gentleman. would be very concerned about people nois (Mr. HYDE), the chairman of the Mr. SKELTON. Mr. Speaker, the in the administration who may inter- Committee on International Relations, funds authorized and the increases to pret it to say, as it reads, that the were joining me on an amendment that pay and allowances included in this bill President is authorized to use all nec- we were going to go to the Committee are critical to the Department of De- essary and appropriate force against on Rules to try to put on this bill. fense’s ability to continue to fight the those nations, organizations or persons This process denies the right of any war. he determines planned, authorized, Member to bring an amendment on a Mr. Speaker, I yield 2 minutes to the committed or aided the terrorist at- $10 billion bill. I think it is a very, very gentleman from Maine (Mr. ALLEN). tacks. poor way to do a process at any time, Mr. ALLEN. Mr. Speaker, I thank It is no secret when we look at the particularly at 11:30 at night when the gentleman for yielding me this events of the last few weeks, we see Members have gone home. time. headlines such as: Mr. SKELTON. Mr. Speaker, I yield Mr. Speaker, I congratulate both the ‘‘Bush to Formalize a Defense Policy myself such time as I may consume. ranking member, the gentleman from of Hitting First,’’ New York Times, Mr. Speaker, the bill being consid- Missouri (Mr. SKELTON), and the chair- June 17. ered this evening will complete the man, the gentleman from California ‘‘U.S. Plans Massive Invasion of House’s consideration of the second (Mr. HUNTER), for bringing this legisla- Iraq,’’ UPI, July 10. piece of fiscal year 2003 National De- tion before us. I rise in support of the ‘‘U.S. Capable of Quick Iraq Strike,’’ fense Authorization Act. The bill legislation. I particularly appreciate Associated Press, July 10. passed the Committee on Armed Serv- the language that the committee has ‘‘We could have a situation where on ices with broad bipartisan support. included in section 2 pertaining to the Monday it first looks like there will be Passing this bill will allow the House scope of the authorization in the bill. a war, on Friday troops are in Kuwait, to quickly proceed to conference with Section 2 states that the $10 billion au- and by the next Thursday they are in the Senate on both pieces of the authorized in this legislation ‘‘are au- Baghdad.’’ John Pike, Defense Analyst. thorization bill, thereby providing our thorized for the conduct of operations Associated Press, July 10. men and women in uniform with all the in continuation of the war on terrorism ‘‘U.S. Says Iraq Would Target tools they need to fight the global war in accordance with the Authorization Troops,’’ Associated Press, July 13. and to protect the American people. for Use of Military Force (Public Law ‘‘According to officials who spoke to The bill as passed by the Committee 107–40; 50 USC 1541 note) and, to the ex- UPI, three dates are being discussed as on Armed Services reflects a balanced tent appropriations are made pursuant possible times to launch the attack. approach to authorizing the $10 billion to such authorizations, shall only be The first would be before the November war reserve fund requested by the ad- expended in a manner consistent with elections.’’ UPI, July 10. ministration. The amendment carries the purposes in section 2(a) thereof.’’ ‘‘U.S. Worries Iraq’s Chemical and forward the specific authorizations Section 2(a) of the Use of Force reso- Biological Weapons Would Target In- made by the committee when it first lution authorizes the President ‘‘to use vading American Troops, Israel.’’ Asso- considered the bill earlier this year. It all necessary and appropriate force ciated Press, July 13. includes the wartime pay and allow- against those nations, organizations, One of the things that concerns me, ances increases from that earlier con- or persons he determines planned, au- Mr. Speaker, is notwithstanding the sideration, and includes two new, oper- thorized, committed, or aided the ter- assumption which the honorable gen- ationally oriented transfer funds that rorist attacks that occurred on Sep- tlemen have here about how this should enable the Department of De- tember 11, 2001, or harbored such orga- money is going to be spent, I have here fense to meet operational expenses as- nizations or persons, in order to pre- the House markup with the actual sociated with prosecuting the war vent any future acts of international breakdown of the amount of moneys against terrorism. terrorism against the United States by that are going to be used per category

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.261 pfrm17 PsN: H23PT2 H5312 CONGRESSIONAL RECORD — HOUSE July 23, 2002 in the cost of the war. I think it is the fine work of our committee, we cumstance where the President, con- more than interesting that we see for a have had people connected to the ad- sistent with his constitutional author- war supposedly in Afghanistan an ministration as well as our own Mem- ity, could act to defend the country. amount of almost a half a billion dol- bers of Congress state openly that this This bill in no way limits, nor should it lars is going to be used for chemical resolution of September 14 already limit, that prerogative. and biological defense. An amount of gives the President the authority he The second circumstance that the nearly $600 million would be used for needs to do what he may want to do present law contemplates is a cir- conversion of Tomahawk missiles. An and has said he wants to do in Iraq. I cumstance where there is clear and amount of $3.5 billion would be used for know what the bill says and I con- compelling evidence of a connection an operations fund. An amount of over gratulate our fine members for doing between any other state or organiza- a half a billion dollars would be used that work, its due diligence, but I feel tion and the events of September 11 in for combat air patrols. I think that is that this is an appropriate time to kind fostering, harboring, planning, aiding interesting because when you take that of stop the music and focus on this, be- and abetting the actions of September in the context of a New York Times re- cause all around this country, people 11. Under those circumstances, under port of a preliminary Pentagon plan- are expecting this Congress to step up the law, the President is already au- ning document in an article written by to its responsibilities under article 1, thorized to take steps to defend the Eric Schmitt, it suggests, according to section 8 of the Constitution with re- country and this bill leaves that in- the Times, that the military brass is spect to Congress’ war-making author- tact. considering a large scale air and ity. I voted for the resolution on Sep- The third circumstance con- ground assault involving as many as tember 14. But it was my intention in templated by the law would be a cir- 250,000 American troops. Indeed, that voting for that to see a focused re- cumstance that is not emergency, has been the reportage that we have sponse and now we hear our good chair- where there is not a demonstration of a seen. This report goes on to say in an man and ranking member speak in clear and compelling link between the editorial that such a Pentagon plan for terms of a global war against terrorism actions of another state and the activi- an invasion of Iraq would be backed by but yet on one hand if it is a global war ties of September 11, and it is con- hundreds of warplanes. It goes on to against terrorism, then it would appear templated that under those cir- say that Saddam Hussein may not be that the administration would then be cumstances the President, consistent as easily deterred from using his hid- authorized to go beyond Afghanistan. with the Constitution, would be re- den stocks of anthrax, botulinum, Yet if it is only Afghanistan, then we quired to come to the House and to the toxin and VX nerve gas. ought to be very certain in our inter- Senate and seek authority to further So when you put this document to- pretation that that is exactly what it prosecute activities in defense of the gether with the report of the prelimi- is going to be. But as I stand here at a country. nary Pentagon planning document, I quarter to 12 on this evening, I can say think this is one of those cases where that based on information that we have b 2350 one plus one equals an invasion of Iraq, had from the New York Times and in- notwithstanding the September 14 lan- formation that we have from our That is the law, and that is the bal- guage or the fine work of our com- breakdown from the Congressional Re- ance that is struck, and this bill leaves mittee. I want to express that as a con- search Service, I have real concern that balance intact. For that and for cern because there is some symmetry that the administration could take this many other reasons, I would urge both here on the issue of congressional over- money and will take this money and Republican and Democratic Members sight. Members of our Committee on use it to prosecute a war against Iraq. to vote in favor of this very necessary Armed Forces fought very hard to as- Mr. Speaker, I reserve the balance of funding to continue to prosecute our sure there would be congressional over- my time. very successful efforts in this field. sight. Yet we have a fund of about $10 Mr. SKELTON. Mr. Speaker, I yield Mr. KUCINICH. Mr. Speaker, I yield 2 billion which is largely going to be be- myself such time as I may consume. minutes to the gentleman from Texas yond congressional control. The admin- Let me reiterate, according to the lan- (Mr. DOGGETT). istration has repeatedly been trying to guage of this bill, that it is limited to Mr. DOGGETT. Mr. Speaker, we ap- escape congressional oversight. That, the verbiage attached to the September proach the midnight hour here in Mr. Speaker, has really been the tenor 14 resolution. Let me also add it is my Washington, in our Nation’s Capital. of the debate we have had over the considered opinion, Mr. Speaker, that This bill was first noticed for consider- homeland security bill itself. I spent 15 should there be contemplated action ation by the House less than 3 hours hours in our government oversight against the country of Iraq by the ago. One hour ago copies of the bill committee. Much of the discussion had United States of America that this were not available for Members to re- to do with the authority of Congress to Congress has the duty to pass upon view, and, in the time since then, there have oversight over budgetary items such authorization as we have done so are fewer Members present here to- and to have oversight over other areas in the past. night than there are members of the which involve Congress’ constitutional Mr. Speaker, I yield 2 minutes to the National Security Committee. responsibility. gentleman from New Jersey (Mr. AN- Any bill that authorizes the expendi- I rise here because when I look at DREWS). ture of $10 billion of taxpayer money this report that is from the Congres- (Mr. ANDREWS asked and was given for any purpose, no matter how worthy sional Research Service, we see an in- permission to revise and extend his re- or important to the Nation, deserves crease from the original May 1 markup marks.) better consideration than this. It is to the July 18 markup of almost a total Mr. ANDREWS. I thank my friend for outrageous to be taking up such a mat- of $6 billion. I think that the facts that yielding me this time. ter under these conditions. we are here late at night, it is a quar- Mr. Speaker, I rise in strong support Seldom has a day in recent weeks ter to midnight, and most Members of of this bill, in part because I believe it gone by without some administration Congress are on their way home or are strikes a proper balance between the official or commentator suggesting already asleep, we really need to have flexibility needed in the executive that the salvation for our Nation’s se- the kind of full-fledged debate about branch and the due prerogatives of curity lies in expanding use of nuclear this, because when you see the admin- those of us in the Congress on this very weapons, or that our Nation should istration moving in a direction towards important issue of the future prosecu- alter its traditions by launching a sur- war with Iraq and certainly not being tion of the war against terrorism. prise attack, or just a simple but dan- able to finance that war unless they This bill leaves intact the law that gerous cry, ‘‘on to Baghdad.’’ brought a resolution specifically to do exists as of today with respect to the Each of these alternatives would do that before this Congress, the fact that future prosecution of the global war more to undermine the security of this amount of money is available against terrorism. That law con- American families than to assure that ought to be of concern to all Members templates three circumstances. The security. We need a full and complete of Congress, because notwithstanding first would be an emergency urgent cir- debate about such a major change in

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.264 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5313 our national defense policy. No admin- ghanistan, that the half a billion dol- identified three specific areas where a istration official has been able to con- lars listed in this report for combat air President could proceed, and his com- nect a regime in Iraq, that all of us de- patrols would in fact be used in Af- ments were, frankly, quite in line with spise, to the terrorism of September 11. ghanistan. the assessments of other Members of If they could, they surely would have I would like to call to the attention Congress, not precluding the possi- done so by now. of this House recent news accounts bility of the use of these funds for I am pleased that no one here tonight that indicate that hundreds and hun- something other than Afghanistan, speaking in support of this bill claims dreds of innocent civilians of Afghani- notwithstanding the fine work of our that this bill is anything more than stan have been killed accidentally in committee. what I would term an attempt to put bombings by U.S. warplanes. I say that I think it is noteworthy, at a time some limits, however modest they may in an appeal to the administration to when an administration is essentially be, on what otherwise would have been stop the bombing, because we have no abandoning multilateralists and ar- a $10 billion slush fund that the admin- quarrel with the Afghan people. The ticulating a first-strike approach in Af- istration requested. If the administra- Taliban are overthrown, al Qaeda has ghanistan, I think it is noteworthy tion wishes to make the case that it fled, bin Laden has vanished, and yet, that this Congress has yet to have the should invade Iraq, or any other coun- with this document, we see that the kind of full debate that Members of try, for that matter, not connected to bombs will continue to drop indiscrimi- both Houses of Congress are beginning the events directly of September 11, it nately. to call for. I think it is important that needs to come to this Congress and Is there any American who has not when we see this cavalcade of headlines come to this country and make its been shaken at the mere thought of the talking about massive invasions, a case, not at midnight, but in the full horrors of U.S. warplanes bombing a quarter of a million troops, policies of light of day. wedding celebration in the village of hitting first, anticipating that Iraq Mr. KUCINICH. Mr. Speaker, I yield 1 Bal Khel killing dozens of innocent ci- would target our troops; well, if there minute to the gentlewoman from Texas vilians? Whatever moral authority our is an anticipation of that, then we are (Ms. JACKSON-LEE). Nation had at the beginning of the con- talking about an invasion and, above Ms. JACKSON-LEE of Texas. Mr. flict is being lost in such bombings. all that, doing this before the Novem- Speaker, I was on the floor to pay trib- These types of acts do not represent ber elections. ute to a fallen hero in our community, America. Democracy does not wed ter- In previous legislation tonight, this Judge Carl Walker, but I realize that ror. These acts must not be cloaked in House took action on a conference re- the time will not allow us to do that the irresponsible and inhuman euphe- port on Defense and Homeland Secu- tribute this evening. mism of collateral damage. rity Supplemental Appropriations in I want to acknowledge the concern I appeal to the administration to providing an additional $14.5 billion in that I have, but expressing as well the stop the bombing, let an international funding related to the U.S. military. support I have for the ranking mem- police force continue in Afghanistan, Now, I think that the people of this ber’s explanation about the limitation and let the humble people of Afghani- country have a right to know if the ad- on this allocation. I think it would be stan be spared the friendly fire from ministration is, in fact, planning to go important to enunciate the fears of the the skies. Enough of bombing the vil- into Iraq, and this Congress has a right American people and the responsibility lages to save the villages. Stop the to know and a right to participate fully of the United States Congress as re- bombing, I appeal to the administra- in a full-fledged debate. As a matter of lates to the oversight over the deter- tion. fact, even though myself and our es- mination of a country going to war. Mr. Speaker, I took this floor this teemed ranking member may have a I would hope as this legislation evening so that questions which need difference of opinion on that, whether moves through the House that we to be asked in this House are in fact or not we should do it, I think we agree make it very clear that there can be no asked at a time when an administra- that certainly Congress has a role. precipitous attack on Iraq without the tion is widely publicized to be pre- Essentially, I would say to the chair- oversight, the Constitutional over- paring for a preemptive strike in Iraq. man that is what I am here to affirm, sight, of the United States Congress. The administration sought and re- that Congress does have a role to play. There are three branches of govern- ceived an amount of money that is a Of course, I am opposed to any such in- ment, the executive, the Congress and virtual blank check to spend $10 billion vasion for reasons I do not need to get as well the judiciary. A venture or ad- any way they see fit. into right now. But even more impor- vance, if you will, into Iraq, without b 2400 tant is that this Congress affirms its any participation by this Congress I be- position with respect to its power to lieve would be an illegal act and would Now, this idea, of course, has met re- send men and women from our country cause devastation in our relations with sistance from members of the com- into combat against Iraq or any other our allies around the world. mittee, and I will acknowledge that, country. This is not the direction to take, and ever since it was proposed. Legislators I would hope this funding does not have said that they did not want to So I want to thank the distinguished point us in that direction. give the administration a blank check. chairman and ranking member for Mr. SKELTON. Mr. Speaker, I yield But everyone who has looked at this their diligence on this bill, but I also myself such time as I may consume. knows that the administration request want to express my reservations, seri- Mr. Speaker, I thank the gentleman has been vague and, yet, with the ous reservations about the symmetry from California and thank the gen- breakdown that we have here, money between the contents of this bill and tleman from Ohio for their thoughtful for combat air patrols, money for the planning document which The New presentation this evening. I think this chemical and biological defense, money York Times covered in full detail. is a very important bill that we should for the conversion of Tomahawk mis- Mr. Speaker, I yield back the balance pass. It received very thorough discus- siles, in truth, this does not sound of my time. sion in the Committee on Armed Serv- much like Afghanistan; it begins to Mr. HUNTER. Mr. Speaker, I yield ices and passed by a nearly unanimous sound like Iraq. myself such time as I may consume. vote out of that committee. When we take that in the context of I want to address just one point from Mr. Speaker, I urge the House to pass the New York Times’ discovery of the my friend from Ohio, and that is that this bill. Pentagon preliminary planning docu- the combat air patrols that are listed Mr. Speaker, I yield back the balance ment which talks about a large-scale in the bill and in the report are listed of my time. invasion, my concern, Mr. Speaker, is as Operation Noble Eagle, which is Mr. KUCINICH. Mr. Speaker, I yield that notwithstanding the fine work of combat air patrols over the United myself such time as I may consume. the men and women of our committee, States, over American cities, which Mr. Speaker, let us suppose for a mo- that it is quite possible this adminis- have been ongoing, and I believe there ment that these funds that were we are tration will go in that direction. In- are some $500-plus-million in the bill appropriating tonight are only for Af- deed, the gentleman from New Jersey for that.

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.266 pfrm17 PsN: H23PT2 H5314 CONGRESSIONAL RECORD — HOUSE July 23, 2002 I would further say that this bill to speak, and until tonight, we only go of the House, that I have been served with a came up in two pieces, which is ex- to conference with 383; that is, the grand jury subpoena for testimony issued by tremely unusual for our system. One budget less the $10 billion piece. the Superior Court of the District of Colum- bia. reason it came up in two pieces was be- So it was important for us to act After consultation with the Office of Gen- cause we were undertaking continuing quickly. We just got the details on this eral Counsel, I have determined that compli- military operations and, because of plan several weeks ago, we marked it ance with the subpoena is consistent with that, the chairman of the full com- up in the Committee on Armed Serv- the precedents and privileges of the House. mittee, the gentleman from Arizona ices in a bipartisan way, and it was im- Sincerely, (Mr. STUMP), at whose direction I am portant to get this second piece in ROGAN KELLY, acting today, worked with the gen- place to be able to go to conference and Legislative Correspondent. tleman from Missouri (Mr. SKELTON), do an effective job. f and we put together a bipartisan bill So I want to thank all of the Mem- OMISSION FROM THE CONGRES- that did give some direction to where bers that participated in the debate. SIONAL RECORD OF JULY 22, 2002 some of this money went. Mr. HUNTER. Mr. Speaker, I yield AT PAGE H5027 Let me just describe for the Members back the balance of my time. A portion of the following concurrent where some of the money went. Some The SPEAKER pro tempore (Mr. resolution was inadvertently omitted of it went to what is known as combat TERRY). The question is on the motion from the RECORD: pay enhancements. That includes in- offered by the gentleman from Cali- creasing family separation allowance, fornia (Mr. HUNTER) that the House f increasing flight pay for crew mem- suspend the rules and pass the bill, HONORING CORINNE ‘‘LINDY’’ bers, increasing the death gratuity H.R. 4547, as amended. CLAIBORNE BOGGS ON OCCASION given to survivors, increasing career The question was taken. OF 25TH ANNIVERSARY OF enlistment flying incentive, increasing The SPEAKER pro tempore. In the FOUNDING OF CONGRESSIONAL diving pay, increasing hazardous duty opinion of the Chair, two-thirds of WOMEN’S CAUCUS pay. those present have voted in the affirm- We also put in a number of required Mr. LINDER. Mr. Speaker, I move to ative. suspend the rules and agree to the con- items that, in fact, the administration Mr. KUCINICH. Mr. Speaker, on that had requested that had been early on in current resolution (H. Con. Res. 439) I demand the yeas and nays. honoring Corinne ‘‘Lindy’’ Claiborne the base bill. They include the chem- The yeas and nays were ordered. ical and biological antiterrorism pro- Boggs on the occasion of the 25th anni- The SPEAKER pro tempore. Pursu- versary of the founding of the Congres- gram for homeland defense, $480 mil- ant to clause 8 of rule XX and the lion; command and control, computers sional Women’s Caucus. Chair’s prior announcement, further The Clerk read as follows: and intelligence, KC–135 tanker air- proceedings on this motion will be Honoring Corinne ‘‘Lindy’’ Claiborne craft, linguists, military construction, postponed. Boggs on the occasion of the 25th anniver- war pay, and the list goes on. sary of the founding of the Congressional f So we did leave some flexibility with Women’s Caucus. the administration and we did give b 0010 Whereas in 1977, Lindy Boggs helped found some direction. I would simply say the Congressional Women’s Caucus and COMMUNICATION FROM THE HON. served as longtime Caucus Secretary; that it was because of the hard work of KAREN L. THURMAN, MEMBER the gentleman from Arizona (Mr. Whereas the Congressional Women’s Cau- OF CONGRESS cus is committed to improving the lives of STUMP) and the hard work of the gen- The SPEAKER pro tempore (Mr. women and families through legislation and tleman from Missouri (Mr. SKELTON) leadership roles; and all of the members on our com- TERRY) laid before the House the fol- Whereas the continued success of the Con- mittee, and I think we have heard from lowing communication from the Honor- gressional Women’s Caucus is due to the bi- several of our very thoughtful Members able KAREN L. THURMAN, Member of partisan spirit that Lindy Boggs established; today on the Democrat side who par- Congress: Whereas Lindy Boggs represented the 2nd district of Louisiana from March 20, 1973, to ticipated very fully, such as the gen- HOUSE OF REPRESENTATIVES, Washington, DC, July 22, 2002. January 3, 1991; tleman from Maine (Mr. ALLEN), I Hon. J. DENNIS HASTERT, Whereas Lindy Boggs was the first woman think, and the gentleman from New The Speaker, The Capitol, Washington, DC. elected to the United States House of Rep- Jersey (Mr. ANDREWS) gave a very full DEAR MR. SPEAKER: This is to formally no- resentatives from Louisiana and was the evaluation of what this did. tify you, pursuant to Rule VIII of the Rules first woman to chair a national political con- Once again, the key point that they of the House of Representatives, that I have vention, leading the convention of 1976 that reiterated was that this money can been served with a civil subpoena for docu- nominated former United States President only go to the military programs that ments and testimony issued by the United Jimmy Carter; States District Court for the District of Co- Whereas Lindy Boggs served on the Com- are allowed under the September 14 mittee on Appropriations, was instrumental resolution, and, once again, I want to lumbia. After consulting with the Office of General in creating the Select Committee on Chil- read that resolution, because this is a Counsel, I will make the determinations re- dren, Youth, and Families, and chaired the base resolution that these dollars are quired by Rule VIII. Crisis Intervention Task Force; and expended under. Sincerely, Whereas Lindy Boggs served as United The President is authorized to use all nec- KAREN L. THURMAN, States Ambassador to the Holy See from De- essary and appropriate force against those Member of Congress. cember 16, 1997, to March 1, 2001: Now, therefore, be it nations, organizations, or persons he deter- f mines planned, authorized, committed, or Resolved by the House of Representatives (the aided the terrorist attacks that occurred on COMMUNICATION FROM LEGISLA- Senate concurring), That the Congress honors September 11, 2001, or harbored such organi- TIVE CORRESPONDENT FOR THE Corinne ‘‘Lindy’’ Claiborne Boggs for her ex- zations or persons in order to prevent any fu- traordinary service to the people of Lou- HON. MIKE FERGUSON, MEMBER isiana and the United States, recognizes that ture acts of international terrorism against OF CONGRESS the United States by such nations or organi- her role in founding the Congressional Wom- zations or persons. The SPEAKER pro tempore laid been’s Caucus has improved the lives of families throughout the United States, and com- So this money is expended only in a fore the House the following communication from Rogan Kelly, Legislative mends her bipartisan spirit as an example to manner, and can be expended only in a all elected officials. Correspondent for the Hon. MIKE FER- manner, consistent with that resolu- f tion of September 14. I might add, it is GUSON, Member of Congress: simply the last piece of the President’s HOUSE OF REPRESENTATIVES, LEAVE OF ABSENCE Washington, DC, July 10, 2002. defense budget. By unanimous consent, leave of ab- Hon. J. DENNIS HASTERT, Now, on the other side, the Senate Speaker, House of Representatives, Washington, sence was granted to: passed the full $393 billion authorized DC. Mr. DEFAZIO (at the request of Mr. or requested by the President. So they DEAR MR. SPEAKER: This is to formally no- GEPHARDT) for after 10:00 p.m. today on go to conference with a full budget, so tify you, pursuant to Rule VIII of the Rules account of personal reasons.

VerDate Jul 19 2002 20:15 Jul 24, 2002 Jkt 099060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.269 pfrm17 PsN: H23PT2 July 23, 2002 CONGRESSIONAL RECORD — HOUSE H5315 Mr. GOSS (at the request of Mr. Mr. BROWN of Ohio, for 5 minutes, Mr. JACKSON of Illinois and to include ARMEY) for between 6:00 and 9:00 p.m. today. extraneous material notwithstanding on account of personal reasons. Mr. LANGEVIN, for 5 minutes, today. the fact that it exceeds two pages of Mrs. JONES of Ohio (at the request of Mr. DEFAZIO, for 5 minutes, today. the RECORD and is estimated by the Mr. GEPHARDT) for today on account of Mr. FILNER, for 5 minutes, today. Public Printer to cost $9,630. adverse weather conditions and subse- Mr. GEORGE MILLER of California, for Mr. JACKSON of Illinois and to include quent flight cancellations. 5 minutes, today. extraneous material notwithstanding Ms. MILLENDER-MCDONALD (at the re- Mr. PALLONE, for 5 minutes, today. the fact that it exceeds two pages of quest of Mr. GEPHARDT) for Monday, Mr. EDWARDS, for 5 minutes, today. the RECORD and is estimated by the July 22 on account of official business Mr. DAVIS of Illinois, for 5 minutes, Public Printer to cost $8,588. in the district. today. Mr. STEARNS (at the request of Mr Mrs. MINK of Hawaii, for 5 minutes, f Armey) for after 1:00 p.m. today today. Mr. TAYLOR of Mississippi, for 5 min- through July 25 on account of a family ENROLLED BILLS SIGNED medical procedure. utes, today. Mr. UNDERWOOD (at the request of Ms. JACKSON-LEE of Texas, for 5 min- Mr. Trandahl, Clerk of the House, re- Mr. GEPHARDT) for today and tomorrow utes, today. ported and found truly enrolled bills of July 24th. (The following Members (at the re- the House of the following titles, which f quest of Mr. HAYES) to revise and ex- were thereupon signed by the Speaker: tend their remarks and include extra- H.R. 1209. An act to amend the Immigra- SPECIAL ORDERS GRANTED neous material:) tion and Nationality Act to determine By unanimous consent, permission to Mr. WOLF, for 5 minutes, July 25. whether an alien is a child, for purposes of address the House, following the legis- Mr. JONES of North Carolina, for 5 classification as an immediate relative, lative program and any special orders minutes, July 24. based on the age of the alien on the date the heretofore entered, was granted to: classification petition with respect to the f alien is filed, and for other purposes. (The following Members (at the re- EXTENSION OF REMARKS H.R. 2175. An act to protect infants who are quest of Mr. KUCINICH) to revise and ex- born alive. tend their remarks and include extra- By unanimous consent, permission to H.R. 3487. An act to amend the Public neous material:) revise and extend remarks was granted Health Service Act with respect to health Ms. THURMAN, for 5 minutes, today. to: professions regarding the field of nursing.

VerDate Jul 19 2002 01:37 Jul 25, 2002 Jkt 099060 PO 00000 Frm 00115 Fmt 4634 Sfmt 0634 E:\CR\FM\K23JY7.273 pfrm17 PsN: H23PT2 Tuesday, July 23, 2002 Daily Digest

HIGHLIGHTS The House agreed to the conference report on H.R. 4775, Defense and Homeland Security Supplemental Appropriations. The House failed to pass H.J. Res. 101, disapproving the extension of the waiver authority contained in section 402(c) of the Trade Act of 1974 with respect to Vietnam thereby maintaining normal trade relations with Vietnam. Senate Greater Access to Affordable Pharmaceuticals Chamber Action Act: Senate continued consideration of S. 812, to Routine Proceedings, pages S7179–S7242 amend the Federal Food, Drug, and Cosmetic Act to Measures Introduced: Five bills and one resolution provide greater access to affordable pharmaceuticals, were introduced, as follows: S. 2772–2776, and S. taking action on the following amendments proposed thereto: Pages S7194–S7218 Con. Res. 130. Page S7226 Withdrawn: Measures Reported: Graham Amendment No. 4309, to amend title Special Report entitled ‘‘Further Revised Alloca- XVIII of the Social Security Act to provide coverage tion to Subcommittees of Budget Totals for Fiscal of outpatient prescription drugs under the Medicare Year 2002’’. (S. Rept. No. 107–217) program. Pages S7194, S7199–S7206 S. 2489, to amend the Public Health Service Act Hatch (for Grassley) Amendment No. 4310, to to establish a program to assist family caregivers in amend title XVIII of the Social Security Act to pro- accessing affordable and high-quality respite care, vide for a Medicare voluntary prescription drug de- with an amendment in the nature of a substitute. livery program under the Medicare program, and to Page S7226 modernize the Medicare program. Measures Passed: Pages S7194, S7199–S7207 Pending: National Veterans Awareness Week: Senate Reid (for Dorgan) Amendment No. 4299, to per- agreed to S. Res. 293, designating the week of No- mit commercial importation of prescription drugs vember 10 through November 16, 2002, as ‘‘Na- from Canada. Page S7194 tional Veterans Awareness Week’’ to emphasize the Hagel Amendment No. 4315 (to Amendment No. need to develop educational programs regarding the 4299, as amended), to provide Medicare beneficiaries contributions of veterans to the country. with a drug discount card that ensures access to af- Pages S7240–41 fordable outpatient prescription drugs. National Airborne Day: Committee on the Judi- Pages S7207–18 ciary was discharged from further consideration of S. During consideration of this measure today, Senate Res. 242, designating August 16, 2002, as ‘‘Na- also took the following actions: tional Airborne Day’’, and the resolution was then By 52 yeas to 47 nays (Vote No. 186), three-fifths agreed to. Page S7241 of those Senators duly chosen and sworn, not having voted in the affirmative, Senate failed to agree to the Honoring Buffalo Soldiers: Committee on the Ju- motion to waive the Congressional Budget Act with diciary was discharged from further consideration of respect to Graham Amendment No. 4309 (listed S. Res. 97, honoring the Buffalo Soldiers and Colo- above). Subsequently, the point of order that the nel Charles Young, and the resolution was then amendment violates section 302(f) of the Congres- agreed to. Pages S7241–42 sional Budget Act of 1974 was sustained, and the D803

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amendment was withdrawn, pursuant to the order of Additional Statements: Pages S7224–25 July 18, 2002. Page S7206 Amendments Submitted: Pages S7232–39 By 48 yeas to 51 nays (Vote No. 187), three-fifths of those Senators duly chosen and sworn, not having Notices of Hearings/Meetings: Page S7239 voted in the affirmative, Senate failed to agree to the Authority for Committees to Meet: Pages S7239–40 motion to waive the Congressional Budget Act with Privilege of the Floor: Page S7240 respect to Hatch (for Grassley) Amendment No. 4310 (listed above). Subsequently, the point of order Record Votes: Three record votes were taken today. that the amendment violates section 302(f) of the (Total—187) Pages S7189, S7206, S7207 Congressional Budget Act of 1974 was sustained, Adjournment: Senate met at 9:45 a.m., and ad- and the amendment was withdrawn, pursuant to the journed at 7:10 p.m., until 10 a.m., on Wednesday, order of July 18, 2002. Pages S7206–07 July 24, 2002. (For Senate’s program, see the re- A unanimous-consent-time agreement was reached marks of the Acting Majority Leader in today’s providing for further consideration of Hagel Amend- Record on page S7242.) ment No. 4315, listed above, on Wednesday, July 24, 2002, with a vote to occur in relation to the Committee Meetings amendment to occur following the vote on adoption of the conference report on H.R. 4775, Supplemental (Committees not listed did not meet) Appropriations (listed below). Page S7222 A unanimous-consent agreement was reached pro- APPROPRIATIONS—AGRICULTURE viding for further consideration of the bill at 11 Committee on Appropriations: Subcommittee on Agri- a.m., on Wednesday, July 24, 2002. Page S7242 culture, Rural Development, and Related Agencies Supplemental Appropriations Conference Re- approved for full committee consideration an original port—Agreement: A unanimous-consent-time bill making appropriations for Agriculture, Rural agreement was reached providing for consideration of Development, Food and Drug Administration, and the conference report on H.R. 4775, Supplemental Related Agencies programs for the fiscal year ending Appropriations, at 1 p.m., on Wednesday, July 23, September 30, 2003. 2002, with a vote on adoption of the conference report to occur at 1:30 p.m. Page S7222 APPROPRIATIONS—DISTRICT OF COLUMBIA Nominations Confirmed: Senate confirmed the following nomination: Committee on Appropriations: Subcommittee on District Richard H. Carmona, of Arizona, to be Medical of Columbia approved for full committee consider- Director in the Regular Corps of the Public Health ation an original bill making appropriations for the Service, subject to qualifications therefor as provided government of the District of Columbia and other by law and regulations, and to be Surgeon General activities chargeable in whole or in part against reve- of the Public Health Service for a term of four years. nues of said District for the fiscal year ending Sep- Pages S7189–94 tember 30, 2003. Prior to this action, by a unanimous vote of 98 APPROPRIATIONS—VA/HUD yeas (Vote No. Ex. 185), three-fifths of those Sen- ators duly chosen and sworn, having voted in the af- Committee on Appropriations: Subcommittee on VA, firmative, Senate agreed to the motion to close de- HUD, and Independent Agencies approved for full bate on the nomination of Richard H. Carmona, of committee consideration an original bill making ap- Arizona, to be Medical Director in the Regular propriations for the Departments of Veterans Affairs Corps of the Public Health Service, subject to quali- and Housing and Urban Development, and for sun- fications therefor as provided by law and regulations, dry independent agencies, boards, commissions, cor- and to be Surgeon General of the Public Health porations, and offices for the fiscal year ending Sep- tember 30, 2003. Service. Pages S7189, S7242 Messages From the House: Page S7225 NOMINATIONS Measures Referred: Pages S7225–26 Committee on Banking, Housing, and Urban Affairs: Executive Reports of Committees: Page S7226 Committee concluded hearings on the nominations of Cynthia A. Glassman, of Virginia, and Roel C. Additional Cosponsors: Pages S7226–28 Campos, of Texas, each to be a Member of the Secu- Statements on Introduced Bills/Resolutions: rities and Exchange Commission, after the nominees Pages S7228–32 testified and answered questions in their own behalf.

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BUSINESS MEETING amine the role of financial institutions in the col- Committee on Commerce, Science, and Transportation: lapse of Enron Corporation, focusing on their con- Committee ordered favorably reported the nomina- tribution to Enron’s use of complex transactions and tions of Steven Robert Blust, of Florida, to be a Fed- questionable accounting practices in order to inac- eral Maritime Commissioner, Kathie L. Olsen, of Or- curately improve the appearance of the company’s fi- egon, and Richard M. Russell, of Virginia, each to nancial status, receiving testimony from Robert L. be an Associate Director of the Office of Science and Roach, Chief Investigator, Permanent Subcommittee Technology Policy, Frederick D. Gregory, of Mary- on Investigations, and Gary M. Brown, Special land, to be Deputy Administrator of the National Counsel, both of the Senate Committee on Govern- Aeronautics and Space Administration, Jonathan Ste- mental Affairs; Lynn E. Turner, Colorado State Uni- ven Adelstein, of South Dakota, to be a Member of versity Center for Quality Financial Reporting, the Federal Communications Commission, and one Broomfield, former Chief Accountant, Securities and United States Coast Guard promotion list. Exchange Commission; and Pamela M. Stumpp and ARCHAEOLOGICAL RESOURCES John C. Diaz, both of Moody’s Investors Service, Ronald M. Barone and Nik Khakee, both of Stand- Committee on Energy and Natural Resources: Sub- ard’s and Poor, Donald H. McCree, Robert W. committee on National Parks concluded hearings on Traband, and Jeffrey W. Dellapina, all of JP Morgan S. 2598, to enhance the criminal penalties for illegal Chase and Company, David C. Bushnell, James F. trafficking of archaeological resources; S. 2727, to Reilly, Jr., Richard Caplan, and Maureen Hendricks, provide for the protection of paleontological re- all of Salomon Smith Barney/Citigroup, all of New sources on Federal lands; and H.R. 3954, to des- York, New York. ignate certain waterways in the Caribbean National Hearings will resume on Tuesday, July 30. Forest in the Commonwealth of Puerto Rico as components of the National Wild and Scenic Rivers Sys- NOMINATIONS tem; after receiving testimony from Christopher Kearney, Deputy Assistant Secretary for Policy, Man- Committee on the Judiciary: Committee concluded agement and Budget, Department of the Interior; hearings on the nominations of Priscilla Richman Elizabeth Estill, Deputy Chief for Programs and Leg- Owen, of Texas, to be United States Circuit Judge islation, U.S. Forest Service, Department of Agri- for the Fifth Circuit, Timothy J. Corrigan, to be culture; and Richard K. Stucky, Denver Museum of United States District Judge for the Middle District Nature and Science, Denver, Colorado. of Florida, and Jose E. Martinez, to be United States District Judge for the Southern District of Florida, STRATEGIC OFFENSIVE REDUCTIONS TREATY after the nominees testified and answered questions in their own behalf. Ms. Owen was introduced by Committee on Foreign Relations: Committee concluded Senators Gramm and Hutchison, and Representative hearings on the Treaty Between the United States of Granger, and Mr. Corrigan and Mr. Martinez were America and the Russian Federation on Strategic Of- introduced by Senator Bill Nelson. fensive Reductions, Signed at Moscow on May 24, 2002 (Treaty Doc. 107–8); after receiving testimony LAW ENFORCEMENT OFFICERS SAFETY from former Senator Sam Nunn, Nuclear Threat Ini- tiative; Gen. Eugene E. Habiger, USAF (Ret.), San Committee on the Judiciary: Committee concluded Antonio, Texas, former Commander, U.S. Strategic hearings on S. 2480, to amend title 18, United Command; Kenneth L. Adelman, Edelman Public States Code, to exempt qualified current and former Relations Worldwide, former Director of the Arms law enforcement officers from state laws prohibiting Control and Disarmament Agency, Fr. Drew the carrying of concealed handguns, after receiving Christiansen, on behalf of the U.S. Conference of testimony from Senator Baucus; Representative Catholic Bishops, and Frank J. Gaffney, Jr., Center Cunningham; Steve Young, Marion, Ohio, on behalf for Security Policy, all of Washington, D.C.; and of the Fraternal Order of Police; Arthur Gordon, Christopher E. Paine, Natural Resources Defense Woodbine, Maryland, on behalf of the Federal Law Council, Charlottesville, Virginia. Enforcement Officers Association; David Johnson, Cedar Rapids Police Department, Cedar Rapids, ENRON COLLAPSE Iowa; and Lonnie J. Westphal, Colorado State Patrol, Committee on Governmental Affairs: Permanent Sub- Denver, on behalf of the International Association of committee on Investigations resumed hearings to ex- Chiefs of Police.

VerDate 11-MAY-2000 01:12 Jul 25, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JY2.PT2 pfrm11 PsN: D23JY2 D806 CONGRESSIONAL RECORD — DAILY DIGEST July 23, 2002 House of Representatives Recess: The House recessed at 9:34 a.m. and recon- Chamber Action vened 10 a.m. Page H5095 Measures Introduced: 15 public bills, H.R. Defense and Homeland Security Supplemental 5179–5193; and 1 resolution, H. Con. Res. 445, Appropriations Conference Report: The House were introduced. Page H5194 agreed to the conference report on H.R. 4775, mak- Reports Filed: Reports were filed today as follows: ing supplemental appropriations for the fiscal year H.R. 4547, to authorize appropriations for fiscal ending September 30, 2002 by a yea-and-nay vote of year 2003 for military activities of the Department 397 yeas to 32 nays, Roll No. 328. The conference of Defense and to prescribe military personnel report was considered pursuant to the order of the strengths for fiscal year 2003, amended (H. Rept. House of July 22, 2002. Pages H5201–29, H5289 107–603); H.R. 4965, to prohibit the procedure commonly Trade With Vietnam—Maintained Normal known as partial-birth abortion (H. Rept. 107–604); Trade Relations: The House failed to pass H.J. Res. H.R. 3609, to amend title 49, United States 101, disapproving the extension of the waiver au- Code, to enhance the security and safety of pipelines, thority contained in section 402(c) of the Trade Act amended (H. Rept. 107–605, Pt. 1); of 1974 with respect to Vietnam by a yea-and-nay H.R. 3609, to amend title 49, United States vote of 91 yeas to 338 nays, Roll No. 329. The joint Code, to enhance the security and safety of pipelines, resolution was considered pursuant to the order of amended (H. Rept. 107–605, Pt. 2); the House of July 22, 2002. H. Res. 437, requesting that the President focus Pages H5098–H5107, H5289–90 appropriate attention on neighborhood crime preven- Treasury and Postal Operations Appropriations: tion and community policing, and coordinate certain The House completed debate and began considering Federal efforts to participate in ‘‘National Night amendments to H.R. 5120, making appropriations Out’’, including by supporting local efforts and for the Treasury Department, the United States Post- neighborhood watches and by supporting local offi- al Service, the Executive Office of the President, and cials to provide homeland security (H. Rept. certain Independent Agencies, for the fiscal year end- 107–606); ing September 30, 2003. Consideration will resume H. Res. 497, providing for the consideration of on Wednesday, July 24. Pages H5229–73, H5291–H5306 H.R. 4628, to authorize appropriations for fiscal year Agreed To: 2003 for intelligence-related activities of the United Rogers amendment No. 13 printed in the Con- States Government, the Community Management gressional Record of July 16 that increases funding Account, and the Central Intelligence Agency Re- for the United States Customs Service Salaries and tirement and Disability System (H. Rept. 107–607); Expenses funding by $700,000 for six customs H. Res. 498, providing for consideration of H.R. agents to inspect Canadian trash coming into Michi- 4965, to prohibit the procedure commonly known as gan and decreases Internal Revenue Service Proc- partial-birth abortion (H. Rept. 107–608); and essing, Assistance, and Management funding accord- H.R. 5005, to establish the Department of Home- ingly; Pages H5250–51 land Security, amended (H. Rept. 107–609). Millender-McDonald amendment No. 19 printed Page H5193 in the Congressional Record of July 17 that makes Speaker Pro Tempore: Read a letter from the available $600,000 in National Archives and Speaker wherein he appointed Representative Records Administration Operating Expenses funding Schrock to act as Speaker pro tempore for today. for the preservation of the records of the Freedmen’s Page H5091 Bureau; Pages H5257–58 Kucinich amendment No. 17 printed in the Con- Guest Chaplain: The prayer was offered by the gressional Record of July 17 that strikes section 513 guest Chaplain, Captain Jeff Struecker, Chaplain, which exempted contracts under the Federal Em- United States Army, 1st Battalion, 319th Airborne ployees Health Benefits Program from the cost ac- Field Artillery Regiment of Ft. Bragg, North Caro- counting standards promulgated under section 26 of lina. Page H5095 the Office of Federal Procurement Policy Act; Journal: The House agreed to the Speaker’s approval Pages H5260–63 of the Journal of Monday, July 23 by a yea-and-nay Flake amendment No. 1 printed in the Congres- vote of 339 yeas to 45 nays with 1 voting ‘‘present’’, sional Record of July 15 that prohibits the use of Roll No. 326. Pages H5095, H5098 any funding to administer or enforce part 515 of

VerDate 11-MAY-2000 01:12 Jul 25, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JY2.PT2 pfrm11 PsN: D23JY2 July 23, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D807 title 31, Code of Federal Regulations (the Cuban As- Representative Barr of Georgia regarding a national sets Control regulations) with respect to travel to media campaign and an amendment by Representa- Cuba (agreed to by a recorded vote of 262 ayes to tive George Miller of California regarding a Federal 167 noes with 1 voting ‘‘present’’, Roll No. 331); Acquisition Regulation, both of which shall be de- Pages H5293–98, H5304–05 batable for 20 minutes each; amendment numbered Flake amendment No. 20 printed in the Congres- 16 in the Congressional Record, an amendment by sional Record of July 18 that prohibits the use of Representative Hoyer regarding High Sea Repairs, any funding to enforce any restriction on remittances and the amendment by Representative Hefley, to nationals of Cuba (agreed to by a recorded vote placed at the desk, all of which shall be debatable of 251 ayes to 177 noes, Roll No. 332); and for 10 minutes each; amendment numbered 21 in Pages H5298–99, H5305–06 the Congressional Record, which shall be debatable Moran of Kansas amendment No. 9 printed in the for 40 minutes; and an amendment by Representa- Congressional Record of July 15 that prohibits the tive Sanders regarding taxation of pension plans, use of any funding to implement sanctions imposed which shall be debatable for 30 minutes. Each such by the United States on private commercial sales of amendment may be offered only by the member des- agricultural commodities, medicine, or medical sup- ignated in this request, or a designee, or the Mem- plies to Cuba. Pages H5299–H5301 ber who caused it to be printed, or a designee, shall Rejected: be considered as read, shall be debatable for the time Goss amendment printed in H. Rept. 107–585 specified, equally divided and controlled by the pro- that sought to require the President to certify to ponent and an opponent, shall not be subject to Congress that the Government of Cuba does not pos- amendment, and shall not be subject to a demand sess biological weapons, is not developing or pro- for a division of the question in the House or in the viding terrorist states or terrorist organizations the Committee of the Whole. Pages H5307–08 technology to develop biological weapons, and is not Suspensions: The House agreed to suspend the rules providing support or sanctuary to international ter- and pass the following measures: rorists before any limitation on funding is applied to the enforcement and administration of travel restric- National Aviation Capacity Expansion: H.R. tions to Cuba (rejected by a recorded vote of 182 3479, amended, to expand aviation capacity in the ayes to 247 noes, Roll No. 330); and Chicago Area (agreed to by a yea-and-nay vote of Pages H5267–73, H5291–93, H5304 343 yeas to 87 nays, Roll No. 327). Agreed to Rangel amendment No. 5 printed in the Congres- amend the title so as to read: ‘‘To expand aviation sional Record of July 15 that sought to prohibit the capacity.’’; and Pages H5114–91, H5288–89 use of any funding to implement, administer, or en- Pipeline Infrastructure Protection: H.R. 3609, force the economic embargo of Cuba (rejected by a amended, to amend title 49, United States Code, to recorded vote of 204 ayes to 226 noes, Roll No. enhance the security and safety of pipelines (agreed 333). Pages H5301–04, H5306 to by a yea-and-nay vote of 423 yeas to 4 nays, Roll Points of Order sustained Against: No. 334). Pages H5273–88, H5306–07 Language on page 74, lines 15 through 25 dealing Suspension Proceedings Postponed: The House with affidavits signed by employees to certify their completed debate on motions to suspend the rules United States citizenship and permanent resident and pass the following measures. Further proceedings status; and Page H5263 on the motions were postponed: Section 646 that deals with corporate expatriates. Page H5267 Improving Access to Long-Term Care: H.R. The House agreed to H. Res. 488, the rule that 4946, amended, to amend the Internal Revenue is providing for consideration of the bill on July 18. Code to provide health care incentives related to long-term care; and Pages H5107–14 Order of Business—Further Consideration of Treasury and Postal Operations Appropriations: FY 2003 National Defense Authorization Act Agreed that during further consideration of H.R. for Fiscal Year 2003: H.R. 4547, amended, to au- 5120 in the Committee of the Whole pursuant to thorize appropriations for fiscal year 2003 for mili- H. Res. 488, no further amendment to the bill may tary activities of the Department of Defense and to be offered except: Pro forma amendments offered by prescribe military personnel strengths for fiscal year the Chairman or ranking minority member of the 2003. Pages H5308–14 Committee on Appropriations or their designees for Privileged Resolution: Representative Sanchez noti- the purpose of debate; amendments numbered 2, 8, fied the House of her intention to offer a resolution 12, and 18 in the Congressional Record, which shall as a question of the privileges of the House and that be debatable for 5 minutes each; an amendment by the text reads as follows: In the matter of James A.

VerDate 11-MAY-2000 01:12 Jul 25, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JY2.PT2 pfrm11 PsN: D23JY2 D808 CONGRESSIONAL RECORD — DAILY DIGEST July 23, 2002 Traficant, Jr.; Resolved, that, pursuant to Article 1, COMPULSORY UNION DUES AND Section 5, Clause 2 of the United States Constitu- CORPORATE CAMPAIGNS tion, Representative James A. Traficant, Jr., be, and Committee on Education and the Workforce: Sub- he hereby is, expelled from the House of Representa- committee on Workforce Protections held a hearing tives. Page H5290 on ‘‘Compulsory Union Dues and Corporate Cam- Discharge Petitions: Pursuant to Clause 2 of Rule paigns.’’ Testimony was heard from public witnesses. XV, Representative Carson moved to discharge the Committee on Rules from the consideration of H. INSURANCE COVERAGE OF MENTAL Res. 479, providing for consideration of H.R. 3818, HEALTH BENEFITS to protect investors by enhancing regulation of pub- Committee on Energy and Commerce: Subcommittee on lic auditors, improving corporate governance, over- Health held a hearing titled ‘‘Insurance Coverage of hauling corporate disclosure made pursuant to the Mental Health Benefits.’’ Testimony was heard from securities laws (Discharge Petition No. 9) and Rep- public witnesses. resentative Phelps moved to discharge the Com- mittee on Rules from the consideration of H. Res. OFFICE OF FEDERAL HOUSING ENTERPRISE 480, providing for consideration of H.R. 4098, to provide for criminal prosecution of persons who alter OVERSIGHT’S RISK-BASED CAPITAL STRESS or destroy evidence in certain Federal investigations TEST FOR FANNIE MAE AND FREDDIE MAC or defraud investors of publicly traded securities, to Committee on Financial Services: Subcommittee on Cap- disallow debts incurred in violation of securities ital Markets, Insurance, and Government Sponsored fraud laws from being discharged in bankruptcy, to Enterprises held a hearing regarding the Office of protect whistleblowers against retaliation by their Federal Housing Enterprise Oversight’s (OFHEO) employers (Discharge Petition No. 10). risk-based capital stress test for Fannie Mae and Late Report Select Committee on Homeland Se- Freddie Mac. Testimony was heard from Armando curity: Agreed that the Select Committee on Home- Falcon, Jr., Director, Office of Federal Housing En- land Security have until 3 a.m. on Wednesday, July terprise Oversight, Department of Housing and 24 to file a report on H.R. 5005, to establish the Urban Development. Department of Homeland Security. Page H5307 HOMELAND SECURITY; PROTECTING Amendments: Amendments ordered printed pursu- STRATEGIC PORTS ant to the rule appear on pages H5195–H5200. Committee on Government Reform: Subcommittee on Quorum Calls—Votes: Five yea-and-nay votes and National Security, Veterans’ Affairs, and Inter- four recorded votes developed during the proceedings national Relations held a hearing on Homeland Se- of the House today and appears on pages H5098, curity: Protecting Strategic Ports. Testimony was H5288–89, H5289, H5289–90, H5304, H5305, heard from Maj. Gen. Kenneth L. Privratsky, USA, H5305–06, H5306, and H5307. There were no Commander, Military Traffic Management Com- quorum calls. mand, Department of Defense; the following officials Adjournment: The House met at 9 a.m. and ad- of the Department of Transportation: William G. journed at 12:13 a.m. on Wednesday, July 24. Schubert, Maritime Administrator; and Rear Adm. Paul J. Pluta, USCG, Assistant Commandant, Ma- rine Safety and Environmental Protection, U.S. Coast Committee Meetings Guard; Raymond Decker, Director, Defense Capa- bilities and Management Team, GAO; and a public COMMERCIAL SHIPBUILDING witness. Committee on Armed Services: Special Oversight Panel on the Merchant Marine held a hearing on commer- MISCELLANEOUS MEASURES cial shipbuilding in the United States and the Mari- Committee on International Relations: Subcommittee on time Security Program. Testimony was heard from Africa approved for full Committee action the fol- public witnesses. lowing resolutions: H. Con. Res. 287, expressing the sense of Congress relating to efforts of the Peace WHAT’S NEXT FOR SCHOOL CHOICE? Parks Foundation in the Republic of South Africa to Committee on Education and the Workforce: Held a hear- facilitate the establishment and development of ing on ‘‘What’s Next for School Choice?’’ Testimony transfrontier conservation efforts in southern Africa; was heard from Representative Armey; and public and H. Con. Res. 421, recognizing the importance witnesses. of inheritance rights of women in Africa.

VerDate 11-MAY-2000 01:12 Jul 25, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JY2.PT2 pfrm11 PsN: D23JY2 July 23, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D809 PACIFIC ISLAND NATIONS gressional Record, which shall only be offered by the Committee on International Relations: Subcommittee on Member who caused it to be printed or his designee East Asia and the Pacific held a hearing on Pacific and shall be considered as read. Finally, the rule pro- Island Nations: Current Issues and U.S. Interests. vides one motion to recommit with or without in- Testimony was heard from the following officials of structions. Testimony was heard from Chairman the Department of State: Matthew Daley, Deputy Goss and Representatives Pelosi, Roemer and Assistant Secretary, Bureau of East Asian and Pacific Hastings of Florida. Affairs; and Mary Beth West, Deputy Assistant Sec- retary, Bureau of Oceans and International Environ- PARTIAL-BIRTH ABORTION BAN ACT mental Scientific Affairs; and a public witness. Committee on Rules: Granted, by voice vote, a closed MISCELLANEOUS MEASURES rule providing 2 hours of debate in the House on H.R. 4965, Partial-Birth Abortion Ban Act of 2002. Committee on the Judiciary: Ordered reported the fol- The rule waives all points of order against consider- lowing bills: H.R. 1452, amended, Family Reunifi- cation Act of 2001; H.R. 4757, amended, Our Lady ation of the bill. Finally, the rule provides one mo- of Peace Act; and H.R. 3995, Housing Affordability tion to recommit with or without instructions. Tes- for America Act of 2002. timony was heard from Chairman Sensenbrenner and The Committee began markup of H.R. 4600, Representatives Nadler, Scott, Jackson-Lee of Texas, Help Efficient, Accessible, Low Cost, Timely Health Hoyer and Edwards. Care (HEALTH) Act of 2002. INCREASED STEEL TARIFFS—AMERICAN NINTH CIRCUIT COURT OF APPEALS MANUFACTURERS—UNINTENDED REORGANIZATION ACT CONSEQUENCES Committee on the Judiciary: Subcommittee on Courts, Committee on Small Business: Held a hearing on ‘‘Un- the Internet and Intellectual Property held a hearing intended Consequences of Increased Steel Tariffs on on H.R. 1203, Ninth Circuit Court of Appeals Re- American Manufacturers.’’ Testimony was heard organization Act of 2001. Testimony was heard from from public witnesses. the following Judges of the U.S. Court of Appeals for the Ninth Circuit: Mary M. Schroeder, Chief; AVIATION SECURITY Diarmuid F. O’Scannlain and Sidney R. Thomas; and Alan G. Lance, Attorney General, State of Idaho. Committee on Transportation and Infrastructure: Sub- committee on Aviation held a hearing on Aviation OVERSIGHT Security. Testimony was heard from the following Committee on Resources: Subcommittee on Energy and officials of the Department of Transportation: Nor- Mineral Resources held an oversight hearing on man Y. Mineta, Secretary; Michael Jackson, Deputy Availability of Bonds to Meet Federal Requirement Secretary; and Adm. James M. Loy, USCG, Acting for Mining, Oil and Gas Projects. Testimony was Assistant Secretary, Security; and Alexis Stefani, As- heard from Tom Fulton, Deputy Assistant Secretary, sistant Inspector General, Auditing, GAO. Land and Minerals Management, Department of the The Subcommittee also met in executive session Interior; and public witnesses. to continue hearings on Aviation Security. Testi- INTELLIGENCE AUTHORIZATION ACT mony was heard from departmental witnesses. Committee on Rules: Granted, by voice vote, a modi- MEDICARE’S GEOGRAPHIC COST fied open rule providing 1 hour of debate on H.R. ADJUSTORS 4628, Intelligence Authorization Act for Fiscal Year 2003. The rule waives all points of order against Committee on Ways and Means: Subcommittee on consideration of the bill. The rule provides that it Health held a hearing on Medicare’s Geographic shall be in order to consider as an original bill for Cost Adjustors. Testimony was heard from Rep- the purpose of amendment the amendment in the resentatives Nussle, Roukema, Kanjorski, Visclosky, nature of a substitute recommended by the Perma- Shays, Peterson of Minnesota, Hinchey, Smith of nent Select Committee on Intelligence now printed Michigan, Watt of North Carolina, Kelly, Aderholt, in the bill. The rule waives all points of order Moran of Kansas, Peterson of Pennsylvania, Sandlin against the committee amendment in the nature of and Sherwood; William J. Scanlon, Director, Health a substitute. The rule provides that no amendment Financing and System Issues, GAO; Glenn D. shall be in order except pro-forma amendments for Hackbarth, Chairman, Medicare Payment Advisory the purpose of debate and those printed in the Con- Commission; and a public witness.

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Security and the National Office for Combating Ter- Joint Meetings rorism; and to consider the nominations of James E. 9/11 INTELLIGENCE INVESTIGATION Boasberg, to be an Associate Judge of the Superior Court of the District of Columbia; Michael D. Brown, of Colo- Joint Hearing: Senate Select Committee on Intel- rado, to be Deputy Director of the Federal Emergency ligence held joint closed hearings with the House Management Agency; and Mark W. Everson, of Texas, to Permanent Select Committee on Intelligence to ex- be Deputy Director for Management, Office of Manage- amine events surrounding September 11, 2001. ment and Budget, 9:30 a.m., SD–342. Committee on Health, Education, Labor, and Pensions: busi- Select Committee will meet again Thursday, July ness meeting to consider S. 2328, to amend the Public 25. Health Service Act and the Federal Food, Drug, and Cos- f metic Act to ensure a safe pregnancy for all women in the United States, to reduce the rate of maternal mor- COMMITTEE MEETINGS FOR WEDNESDAY, bidity and mortality, to eliminate racial and ethnic dis- JULY 24, 2002 parities in maternal health outcomes, to reduce pre-term, (Committee meetings are open unless otherwise indicated) labor, to examine the impact of pregnancy on the short and long term health of women, to expand knowledge Senate about the safety and dosing of drugs to treat pregnant Committee on Appropriations: business meeting to mark women with chronic conditions and women who become up an original bill making appropriations for energy and sick during pregnancy, to expand public health preven- water development for the fiscal year ending September tion, education and outreach, and to develop improved 30, 2003, 10 a.m., S–128, Capitol. and more accurate data collection related to maternal Subcommittee on Transportation, business meeting to morbidity and mortality; S. 2394, to amend the Federal mark up proposed legislation making appropriations for Food, Drug, and Cosmetic Act to require labeling con- the Department of Transportation and related agencies for taining information applicable to pediatric patients; S. the fiscal year ending September 30, 2003, 4 p.m., 2499, to amend the Federal Food, Drug, and Cosmetic SD–116. Act to establish labeling requirements regarding aller- Committee on Banking, Housing, and Urban Affairs: Sub- genic substances in food; S. 1998, to amend the Higher committee on Housing and Transportation, to hold over- Education Act of 1965 with respect to the qualifications sight hearings to examine management challenges of the of foreign schools; proposed legislation authorizing funds Department of Housing and Urban Development, 2:30 for the Child Care and Development Block Grant; and p.m., SD–538. the nominations of Edward J. Fitzmaurice, Jr., of Texas, Committee on Commerce, Science, and Transportation: Sub- and Harry R. Hoglander, of Massachusetts, each to be a committee on Science, Technology, and Space, to hold Member of the National Mediation Board, 9:30 a.m., hearings to examine women in science and technology, SD–430. 2:30 p.m., SR–253. Committee on Indian Affairs: to hold hearings on S. Committee on Energy and Natural Resources: to hold hear- 1344, to provide training and technical assistance to Na- ings to examine issues surrounding the Federal Energy tive Americans who are interested in commercial vehicle Regulatory Commission, 3 p.m., SD–366. driving careers, 10 a.m., SR–485. Committee on Environment and Public Works: with the Committee on the Judiciary: Subcommittee on Crime and Committee on Foreign Relations, to hold joint hearings Drugs, to hold hearings to examine corporate responsi- to examine implementation of environmental treaties, bility, focusing on criminal sanctions to deter wrong 10:30 a.m., SD–406. doing, 2:30 p.m., SD–226. Committee on Foreign Relations: with the Committee on Committee on Small Business and Entrepreneurship: business Environment and Public Works, to hold joint hearings to meeting to mark up pending legislation, 9 a.m., examine implementation of environmental treaties, 10:30 SR–428A. a.m., SD–406. Committee on Veterans’ Affairs: to hold hearings to exam- Full Committee, to hold hearings to examine the nom- ine mental health care issues, 9:30 a.m., SR–418. ination of Kristie Anne Kenney, of Maryland, a Career Member of the Senior Foreign Service, Class of Minister- House Counselor, to be Ambassador Extraordinary and Pleni- potentiary of the United States of America to the Repub- Committee on Education and the Workforce, hearing on lic of Ecuador; the nomination of Larry Leon Palmer, of ‘‘Implementation of the No Child Left Behind Act,’’ Georgia, a Career Member of the Senior Foreign Service, 10:30 a.m., 2175 Rayburn. Class of Counselor, to be Ambassador Extraordinary and Committee on Energy and Air Quality, Subcommittee on Plenipotentiary of the United States of America to the Energy and Air Quality, to mark up H.R. 3880, to pro- Republic of Honduras; and the nomination of Barbara vide a temporary waiver from certain transportation con- Calandra Moore, of Maryland, a Career Member of the formity requirements and metropolitan transportation Senior Foreign Service, Class of Minister-Counselor, to be planning requirements under the Clean Air Act and Ambassador Extraordinary and Plenipotentiary of the under other laws for certain areas in New York where the United States of America to the Republic of Nicaragua, planning offices and resources have been destroyed by acts 2:30 p.m., SD–419. of terrorism, 4 p.m., 2123 Rayburn. Committee on Governmental Affairs: business meeting to Committee on Financial Services, Subcommittee on Finan- reconsider the Committee’s action of 5/22, with respect cial Institutions and Consumer Credit, hearing on H.R. to ordering favorably reported, with amendments S. 3424, Community Choice in Real Estate Act, 2 p.m., 2452, to establish the Department of National Homeland 2128 Rayburn.

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Committee on Government Reform, Subcommittee on Gov- Bureau of Reclamation, to conduct a feasibility study to ernment Efficiency, Financial Management and Intergov- determine the most feasible method of developing a safe ernmental Relations, oversight hearing on ‘‘Cyber-ter- and adequate municipal, rural, and industrial water sup- rorism: Is the Nation’s Critical Infrastructure Adequately ply for the Santee Sioux Tribe of Nebraska; H.R. 4953, Protected?’’ 10 a.m., 2154 Rayburn. to direct the Secretary of the Interior to grant Deschutes Subcommittee on Technology and Procurement Policy, and Crook Counties in the State of Oregon a right-of-way hearing entitled ‘‘An Oversight Hearing to Review the to West Butte Road; H.R. 4966, National Oceanic and Findings of the Commercial Activities Panel,’’ 1 p.m., Atmospheric Administration Act; H.R. 4968, Federal- 2154 Rayburn. Utah State Trust Lands Consolidation Act; H.R. 5039, Committee on International Relations, hearing on Eco- Humboldt Project Conveyance Act; S. 329, Peopling of nomic Development and Integration as a Catalyst for America Theme Study Act; S. 423, Fort Clatsop National Peace: A ‘‘Marshall Plan’’ for the Middle East, 10:15 Memorial Expansion Act; S. 491, to authorize the Sec- a.m., 2172 Rayburn. retary of the Interior, pursuant to the provisions of the Subcommittee on Europe, to mark up the following Reclamation Wastewater and Groundwater Study and Fa- measures: H. Con. Res. 164, expressing the sense of Con- cilities Act to participate in the design, planning, and gress that security, reconciliation, and prosperity for all construction of the Denver Water Reuse project; S. 509, Cypriots can be best achieved within the context of mem- Kenai Mountains-Turnagain Arm National Heritage Area bership in the European Union which will provide sig- Act of 2001; S. 941, Rancho Corral de Tierra Golden nificant rights and obligations for all Cypriots; H. Con. Gate National Recreation Area Boundary Adjustment Act Res. 437, recognizing the Republic of Turkey for its co- of 2001; S. 1097, to authorize the Secretary of the Inte- operation in the campaign against global terrorism, for its rior to issue right-of-way permits for natural gas pipelines commitment of forces and assistance to Operation Endur- within the boundary of the Great Smoky Mountains Na- ing Freedom and subsequent missions in Afghanistan, tional Park; and S. 1105, Grand Teton National Park and for initiating important economic reforms to build a Land Exchange Act, 10 a.m., 1324 Longworth. stable and prosperous economy in Turkey; and H. Con. Committee on Rules, to consider H.R. 5005, Homeland Res. 327, commending the republic of Turkey and the Security Act of 2002, 4 p.m., H–313 Capitol. State of Israel for the continued strengthening of their Committee on Science, Subcommittee on Environment, political, economic, cultural, and strategic partnership Technology and Standards, hearing on Satellite Data and for their actions in support of the war on terrorism, Management at NOAA, 10 a.m., 2318 Rayburn. 12:30 p.m., 2255 Rayburn. Committee on Transportation and Infrastructure, to consider Subcommittee on International Operations and Human the following: Several U.S. Army Corps of Engineers Sur- Rights, to mark up the following measures: H. Con. Res. vey resolutions; GSA Fiscal Year 2003 Capital Investment 349, calling for an end to the sexual exploitation of refu- and Leasing Program; Courthouse Construction Pro- gees; and H. Con. Res. 351, expressing the sense of Con- spectus and Lease Prospectus Resolutions; H. Con. Res. gress that the United States should condemn the practice 442, recognizing the American Road and Transportation of execution by stoning as a gross violation of human Builders Associations for reaching its 100th Anniversary rights, 2:30 p.m., 2255 Rayburn. and for the many vital contributions of its members in Subcommittee on Western Hemisphere, hearing on the the transportation construction industry to the American Coffee Crisis in the Western Hemisphere, 2:30 p.m., economy and quality of life through the multi-modal 2200 Rayburn. transportation infrastructure network its members have Committee on Resources, to mark up the following bills: designed, built, and managed over the past century; H.R. H.R. 2099, to amend the Omnibus Parks and Public 4727, Dam Safety and Security Act of 2002; and H.R. Lands Management Act of 1996 to provide adequate 5157, to amend section 5307 of title 49, United States funding authorization for the Vancouver National His- Code, to allow transit systems in urbanized areas that, for toric Reserve; H.R. 2301, to authorize the Secretary of the first time, exceeded 200,000 in population according the Interior to construct a bridge on Federal land west to the 2000 census to retain flexibility in the use of Fed- of and adjacent to Folsom Dam in California; H.R. 2534, eral transit formula grants in fiscal year 2003, 11 a.m., Lower Los Angeles River and San Gabriel River Water- 2167 Rayburn. sheds Study Act of 2001; H.R. 2748, National War Per- Committee on Veterans’ Affairs, Subcommittee on Bene- manent Tribute Historical Database Act; H.R. 3148, to fits, hearing on the following bills: H.R. 5111, amend the Alaska Native Claims Settlement Act to pro- Servicemember’s Civil Relief Act; and H.R. 4017, Sol- vide equitable treatment of Alaska Native Vietnam Vet- diers’ and Sailors’ Civil Relief Equity Act, 10 a.m., 334 erans; H.R. 3407, Indian Financing Act Reform Amend- Cannon. ment; H.R. 3434, McLoughlin House National Historic Permanent Select Committee on Intelligence, executive, on Site Act; H.R. 3449, to revise the boundaries of the Global Hot Spots, 1:30 p.m., H–405 Capitol. George Washington Birthplace National Monument; Subcommittee on Technical and Tactical Intelligence, H.R. 4622, Gateway Communities Cooperation Act of executive, on Future Imagery Architecture, 3 p.m., 2002; H.R. 4682, Allegheny Portage Railroad National H–405 Capitol. Historic Site Boundary Revision Act; H.R. 4708, Fre- mont-Madison Conveyance Act; H.R. 4917, Los Padres Joint Meetings National Forest Land Exchange Act; H.R. 4919, Tonto Joint Economic Committee: to hold hearings to examine And Coconino National Forests Land Exchange Act; H.R. the measuring of economic change, 10 a.m., 311 Cannon 4938, to direct the Secretary of the Interior, through the Building.

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Next Meeting of the Senate Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, July 24 10 a.m., Wednesday, July 24

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of H.R. 5120, morning business (not to extend beyond 11 a.m.), Senate Treasury and Postal Operations Appropriations (complete will continue consideration of S. 812, Greater Access to consideration, unanimous consent order); Affordable Pharmaceuticals Act. Consideration of H.R. 4965, Partial-Birth Abortion At 1 p.m., Senate will consider the Conference Report Ban Act (closed rule, two hours of general debate); on H.R. 4775, Supplemental Appropriations, with a vote Consideration of H. Res. 495, In the Matter of Rep- on adoption of the conference report to occur at 1:30 resentative James A. Traficant, Jr. (privileged); and p.m.; followed by a vote on Hagel Amendment No. 4315 Consideration of H.R. 4628, Intelligence Authorization (to Amendment No. 4299) to S. 812 (listed above). Act (modified open rule, one hour of general debate).

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