Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, FIRST SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, TUESDAY, JANUARY 7, 2003 No. 1 House of Representatives This being the day fixed by the 20th The Clerk led the Pledge of Alle- allowed to record his presence and also amendment to the Constitution of the giance as follows: to vote on the election of the Speaker. United States and Public Law 107–328 I pledge allegiance to the Flag of the There was no objection. for the meeting of the Congress of the United States of America, and to the Repub- The CLERK. Without objection, the United States, the Members-elect of lic for which it stands, one nation under God, Representatives-elect will record their the 108th Congress met in their Hall, indivisible, with liberty and justice for all. presence by electronic device and their and at noon were called to order by the The CLERK. Representatives-elect, names will be reported in alphabetical Clerk of the House of Representatives, this is the day fixed by the 20th amend- order by States, beginning with the Hon. Jeff Trandahl. ment to the Constitution and Public State of Alabama, to determine wheth- The Chaplain, the Reverend Daniel P. Law 107–328 for the meeting of the 108th er a quorum is present. Coughlin, offered the following prayer: Congress and, as the law directs, the There was no objection. Lord of history, our eternal God, You Clerk of the House has prepared the of- The call was taken by electronic de- faithfully gather Your people in faith. ficial roll of the Representatives-elect. vice, and the following Representa- Certificates of election covering 434 You are always attentive to our pray- tives-elect responded to their names: ers. The Journal of Congress records seats in the 108th Congress have been [Roll No. 1] the fact that in 1774, the Reverend received by the Clerk of the House, and Duche led the Continental Congress in the names of those persons whose cre- ANSWERED ‘‘PRESENT’’—432 a prayer based on Psalm 35. Today, at dentials show that they were regularly ALABAMA the beginning of the 108th Congress, we elected as Representatives in accord- Aderholt Cramer Rogers return to the lines he quoted: ‘‘Fight, O ance with the laws of their respective Bachus Davis Bonner Everett Lord, against those who fight me; war States or of the United States will be against those who make war upon me. called. ALASKA Take up the shield and buckler and rise The Clerk lays before the House a Young (AK) facsimile of a communication from the up in my defense.’’ ARIZONA Lord, the ominous sound of impend- Chief Election Officer of the State of Hawaii. Flake Hayworth Renzi ing violence grips the soul of this Na- Franks (AZ) Kolbe Shadegg JANUARY 5, 2003. tion today as it did at its beginnings. Grijalva Pastor So be with us, Lord, as You have been Hon. JEFF TRANDAHL, Clerk, House of Representatives, ARKANSAS throughout our history, both in times Washington, DC. Berry Ross of war and in times of peace. DEAR MR. TRANDAHL: This is to advise you Boozman Snyder But the martial imagery does not that the unofficial results of the Special narrow our gaze today only on battle- Election held on Saturday, January 4, 2003 CALIFORNIA fields and armaments. For our battle is for Representative in Congress from the Sec- Baca Honda Rohrabacher against all forms of evil and any injus- ond Congressional District of Hawaii show Becerra Hunter Roybal-Allard Berman Issa Royce tice. With the psalmist may the new that Ed Case (D) received 33,002 of votes of the total number cast for that office. Bono Lantos Sanchez, Linda Congress pray that truth will always It would appear from the unofficial results Calvert Lee T. uncover falsehood, and its righteous Capps Lewis (CA) Sanchez, Loretta that Ed Case (D) was elected Representative Cardoza Lofgren deeds will destroy cynicism. Knowing from the Second Congressional District of Schiff Cox Matsui Sherman our enemy is anyone who denies God- Hawaii. We are unaware of any election con- Cunningham McKeon Solis test at this time. Davis (CA) Millender- given human rights, may the Members Stark As soon as the official results are certified, Dooley (CA) McDonald of this government, their families and Tauscher an official Certificate of Election will be Doolittle Miller, Gary staffs be committed to bring peace and Dreier Miller, George Thomas transmitted as required by law. Thompson (CA unity to others as Your servants now Should you have any questions or need ad- Eshoo Napolitano and forever. Amen. Farr Nunes Waters ditional information, please contact Lori Filner Ose Watson f Tomczyk or myself at (808) 453–VOTE (8683). Gallegly Pelosi Waxman Very truly yours, Harman Pombo Woolsey PLEDGE OF ALLEGIANCE DWAYNE D. YOSHINA, Herger Radanovich Chief Election Officer. The CLERK. The Members-elect and COLORADO their guests will please remain stand- The CLERK. Without objection, the Beauprez McInnis Udall (CO) ing and join in the Pledge of Allegiance Representative-elect from the Second DeGette Musgrave to the flag. District of the State of Hawaii will be Hefley Tancredo

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.

VerDate Dec 13 2002 06:04 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A07JA7.000 H07PT1 H2 CONGRESSIONAL RECORD — HOUSE January 7, 2003 CONNECTICUT MISSOURI Johnson, Sam Reyes Smith (TX) Lampson Rodriguez Stenholm DeLauro Larson (CT) Simmons Akin Emerson Hulshof Ortiz Sandlin Thornberry Johnson (CT) Shays Blunt Gephardt McCarthy (MO) Paul Sessions Turner (TX) Clay Graves Skelton DELAWARE UTAH MONTANA Castle Bishop (UT) Cannon Matheson Rehberg FLORIDA VERMONT NEBRASKA Bilirakis Diaz-Balart, Miller (FL) Sanders Bereuter Osborne Terry Boyd Mario Putnam VIRGINIA Brown, Corrine Feeney Ros-Lehtinen NEVADA Brown-Waite, Foley Shaw Boucher Forbes Schrock Berkley Gibbons Porter Ginny Goss Stearns Cantor Goode Scott (VA) Davis, Jo Ann Goodlatte Crenshaw Harris Weldon (FL) Wolf NEW HAMPSHIRE Davis, Tom Moran (VA) Davis (FL) Hastings (FL) Wexler Bass Bradley (NH) Deutsch Keller Young (FL) WASHINGTON Diaz-Balart, Meek (FL) Lincoln Mica NEW JERSEY Baird Hastings (WA) McDermott Andrews LoBiondo Rothman Dicks Inslee Nethercutt GEORGIA Ferguson Menendez Saxton Dunn Larsen (WA) Smith (WA) Bishop (GA) Isakson Marshall Frelinghuysen Pallone Smith (NJ) WEST VIRGINIA Garrett (NJ) Burns Kingston Norwood Pascrell Holt Payne Capito Mollohan Rahall Collins Lewis (GA) Scott (GA) Deal (GA) Linder NEW MEXICO WISCONSIN Gingrey Majette Pearce Udall (NM) Wilson (NM) Baldwin Kleczka Ryan (WI) HAWAII Green (WI) Obey Sensenbrenner NEW YORK Kind Petri Abercrombie Case Ackerman King (NY) Reynolds WYOMING IDAHO Bishop (NH) Lowey Serrano Boehlert McCarthy (NH) Slaughter Cubin Otter Simpson Crowley McHugh Sweeney b 1230 Engel McNulty Towns ILLINOIS Fossella Meeks (NY) Velazquez The CLERK. Four hundred thirty- Biggert Hastert Manzullo Hinchey Nadler Walsh two Members have recorded their pres- Costello Hyde Rush Houghton Owens Weiner Israel ence. A quorum is present. Crane Jackson (IL) Schakowsky Quinn Kelly Rangel Davis (IL) Johnson (IL) Shimkus f Emanuel Kirk Weller NORTH CAROLINA Evans LaHood ANNOUNCEMENT BY THE CLERK Gutierrez Lipinski Ballance Etheridge Miller (NC) Ballenger Hayes Myrick The CLERK. The Clerk will state INDIANA Burr Jones (NC) Price (NC) that credentials, regular in form, have Coble McIntyre Watt Burton Chocola Pence been received showing the election of Buyer Hill Souder NORTH DAKOTA the Honorable ANIBAL ACEVEDO-VILA as Carson (IN) Hostettler Visclosky Resident Commissioner of the Com- Pomeroy monwealth of Puerto Rico for a term of IOWA OHIO 4 years beginning January 3, 2001; the Boswell Latham Nussle Boehner Kaptur Pryce (OH) LEANOR King (IA) Leach election of the Honorable E Brown (OH) Kucinich Regula HOLMES NORTON as delegate from the Chabot LaTourette Ryan (OH) KANSAS Gillmor Ney Strickland District of Columbia; the election of Moore Ryun (KS) Hobson Oxley Tiberi the Honorable DONNA M. CHRISTENSEN Moran (KS) Tiahrt Jones (OH) Portman Turner (OH) as delegate of the Virgin Islands; the KENTUCKY OKLAHOMA election of the Honorable ENI F.H. FALEOMAVAEGA as delegate from Amer- Fletcher Lucas (KY) Rogers (KY) Carson (OK) Istook Sullivan Lewis (KY) Northup Whitfield Cole Lucas (OK) ican Samoa; and the election of the OREGON Honorable MADELEINE Z. BORDALLO as LOUISIANA delegate from Guam. Blumenauer Walden (OR) Alexander John Vitter DeFazio Wu f Baker McCrery Jefferson Tauzin PENNSYLVANIA ELECTION OF SPEAKER MAINE Brady (PA) Hoeffel Platts The CLERK. Pursuant to law and to Doyle Holden Sherwood precedent, the next order of business is Allen Michaud English Kanjorski Shuster Fattah Murphy Toomey the election of the Speaker of the MARYLAND Gerlach Murtha Weldon (PA) House of Representatives for the 108th Bartlett (MD) Gilchrest Van Hollen Greenwood Peterson (PA) Congress. Cardin Hoyer Wynn Hart Pitts Nominations are now in order. Cummings Ruppersberger RHODE ISLAND The Clerk recognizes the gentle- MASSACHUSETTS Kennedy (RI) Langevin woman from Ohio (Ms. PRYCE). Ms. PRYCE of Ohio. Mr. Clerk, for 4 Capuano Markey Olver SOUTH CAROLINA Delahunt McGovern Tierney years we have been blessed to have an Frank (MA) Meehan Barrett (SC) Clyburn Spratt Brown (SC) DeMint Wilson (SC) individual of fairness, honesty, and Lynch Neal (MA) common sense lead us without regard SOUTH DAKOTA MICHIGAN to rank or party. During even the most Janklow Camp Kildee Miller (MI) difficult of times, this common man Conyers Kilpatrick Rogers (MI) TENNESSEE with an uncommon conviction to do Dingell Knollenberg Smith (MI) what is right has risen to the task and Ehlers Levin Stupak Blackburn Duncan Jenkins Hoekstra McCotter Upton Cooper Ford Tanner served as the Speaker for the whole Davis (TN) Gordon Wamp House of Representatives. MINNESOTA TEXAS Therefore, Mr. Clerk, as chairman of Gutknecht McCollum Ramstad Barton (TX) Culberson Green (TX) the House Republican Conference, I am Kennedy (MN) Oberstar Sabo Bell DeLay Hall directed by the unanimous vote of that Kline Peterson (MN) Bonilla Doggett Hensarling conference, and am very honored to Brady (TX) Edwards Hinojosa present for election to the Office of the MISSISSIPPI Burgess Frost Jackson-Lee Pickering Thompson (MS) Carter Gonzalez (TX) Speaker of the House of Representa- Taylor (MS) Wicker Combest Granger Johnson, E.B. tives of the 108th Congress of the

VerDate Dec 13 2002 05:39 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\A07JA7.002 H07PT1 January 7, 2003 CONGRESSIONAL RECORD — HOUSE H3 United States of America, the name of Hostettler Moran (KS) Schrock Sabo Smith (WA) Udall (CO) Houghton Murphy Sensenbrenner Sa´ nchez, Linda Snyder Udall (NM) ENNIS ASTERT the Honorable J. D H , a Hulshof Musgrave Sessions T. Solis Van Hollen representative-elect from the State of Hunter Myrick Shadegg Sa´ nchez, Loretta Spratt Vela´ zquez Illinois. Hyde Nethercutt Shaw Sanders Stark Visclosky The CLERK. The Chair now recog- Isakson Ney Shays Sandlin Strickland Waters Issa Northup Sherwood Schakowsky Stupak Watson nizes the gentleman from New Jersey Istook Norwood Shimkus Schiff Tanner Watt (Mr. MENENDEZ). Janklow Nunes Shuster Scott (GA) Tauscher Waxman Mr. MENENDEZ. Mr. Clerk, as chair- Jenkins Nussle Simmons Scott (VA) Thompson (CA) Weiner Johnson (CT) Osborne Simpson Serrano Thompson (MS) Wexler man of the Democratic Caucus, I am Johnson (IL) Ose Smith (MI) Sherman Tierney Woolsey directed by the unanimous vote of that Johnson, Sam Otter Smith (NJ) Skelton Towns Wu caucus to present for election to the Jones (NC) Oxley Smith (TX) Slaughter Turner (TX) Wynn Office of the Speaker of the House of Keller Paul Souder MURTHA—1 Kelly Pearce Stearns Representatives for the 108th Congress Kennedy (MN) Pence Sullivan Taylor (MS) King (IA) Peterson (PA) Sweeney an incredibly talented Member of the PRESENT—4 Democratic Caucus and, for the first King (NY) Petri Tancredo Kingston Pickering Tauzin Hall Lucas (KY) time in history, the name of a woman, Kirk Pitts Taylor (NC) Hastert Stenholm the name of the Honorable NANCY Kline Platts Terry NOT VOTING—1 PELOSI, a representative-elect from the Knollenberg Pombo Thomas State of California. Kolbe Porter Thornberry Hooley LaHood Portman Tiahrt The CLERK. The Honorable J. DEN- Latham Pryce (OH) Tiberi b 1330 NIS HASTERT, a representative-elect LaTourette Putnam Toomey The CLERK. The tellers agree in from the State of Illinois, and the Hon- Leach Quinn Turner (OH) Lewis (CA) Radanovich Upton their tallies that the total number of orable NANCY PELOSI, a representative- Lewis (KY) Ramstad Vitter votes cast is 434, of which the Honor- elect from the State of California, have Linder Regula Walden (OR) able J. DENNIS HASTERT of the State of been placed in nomination. LoBiondo Rehberg Walsh Illinois has received 228, the Honorable Lucas (OK) Renzi Wamp Are there further nominations? Manzullo Reynolds Weldon (FL) NANCY PELOSI of the State of California There being no further nominations, McCotter Rogers (AL) Weldon (PA) has received 201, the Honorable JOHN the Clerk will appoint tellers. McCrery Rogers (KY) Weller MURTHA of the State of Pennsylvania McHugh Rogers (MI) Whitfield has received 1 vote, with 4 recorded as The Clerk appoints the gentleman McInnis Rohrabacher Wicker from Ohio (Mr. NEY), the gentlewoman McKeon Ros-Lehtinen Wilson (NM) ‘‘present.’’ from California (Ms. WATERS), the gen- Mica Royce Wilson (SC) Therefore, the Honorable J. DENNIS tlewoman from Connecticut (Mrs. Miller (FL) Ryan (WI) Wolf HASTERT of the State of Illinois is duly Miller (MI) Ryun (KS) Young (AK) elected Speaker of the House of Rep- JOHNSON), and the gentleman from Miller, Gary Saxton Young (FL) Texas (Mr. RODRIGUEZ). resentatives for the 108th Congress, The tellers will come forward and PELOSI—201 having received the majority of the votes cast. take their seats at the desk in front of Abercrombie Emanuel Lowey The Clerk appoints the following the Speaker’s rostrum. Ackerman Engel Lynch committee to escort the Speaker-elect The roll will now be called, and those Alexander Eshoo Majette Allen Etheridge Maloney to the chair: The gentlewoman from responding to their names will indicate Andrews Evans Markey California (Ms. PELOSI), the gentleman by surname the nominee of their Baca Farr Marshall from Texas (Mr. DELAY), the gen- choice. Baird Fattah Matheson Baldwin Filner Matsui tleman from Missouri (Mr. BLUNT), the The reading clerk will now call the Ballance Ford McCarthy (MO) gentleman from Maryland (Mr. HOYER), roll. Becerra Frank (MA) McCarthy (NY) the gentlewoman from Ohio (Ms. The tellers having taken their places, Bell Frost McCollum Berkley Gephardt McDermott PRYCE), the gentleman from New Jer- the House proceeded to vote for the Berman Gonzalez McGovern sey (Mr. MENENDEZ), the gentleman Speaker. Berry Gordon McIntyre from Illinois (Mr. CRANE), the gen- Bishop (GA) Green (TX) McNulty The following is the result of the tleman from Illinois (Mr. HYDE), the Bishop (NY) Grijalva Meehan vote: Blumenauer Gutierrez Meek (FL) gentleman from Illinois (Mr. EVANS), [Roll No. 2] Boswell Harman Meeks (NY) the gentleman from Illinois (Mr. LIPIN- Boucher Hastings (FL) Menendez SKI), the gentleman from Illinois (Mr. HASTERT—228 Boyd Hill Michaud OSTELLO Aderholt Cannon Feeney Brady (PA) Hinchey Millender- C ), the gentleman from Illinois Akin Cantor Ferguson Brown (OH) Hinojosa McDonald (Mr. GUTIERREZ), the gentleman from Bachus Capito Flake Brown, Corrine Hoeffel Miller (NC) Illinois (Mr. MANZULLO), the gentleman Baker Carter Fletcher Capps Holden Miller, George from Illinois (Mr. RUSH), the gen- Ballenger Castle Foley Capuano Holt Mollohan Barrett (SC) Chabot Forbes Cardin Honda Moore tleman from Illinois (Mr. LAHOOD), the Bartlett (MD) Chocola Fossella Cardoza Hoyer Moran (VA) gentleman from Illinois (Mr. WELLER), Barton (TX) Coble Franks (AZ) Carson (IN) Inslee Murtha the gentleman from Illinois (Mr. JACK- Bass Cole Frelinghuysen Carson (OK) Israel Nadler SON), the gentleman from Illinois (Mr. Beauprez Collins Gallegly Case Jackson (IL) Napolitano Bereuter Combest Garrett (NJ) Clay Jackson-Lee Neal (MA) DAVIS), the gentleman from Illinois Biggert Cox Gerlach Clyburn (TX) Oberstar (Mr. SHIMKUS), the gentlewoman from Bilirakis Crane Gibbons Conyers Jefferson Obey Illinois (Mrs. BIGGERT), the gentle- Bishop (UT) Crenshaw Gilchrest Cooper John Olver woman from Illinois (Ms. Blackburn Cubin Gillmor Costello Johnson, E. B. Ortiz Blunt Culberson Gingrey Cramer Jones (OH) Owens SCHAKOWSKY), the gentleman from Illi- Boehlert Cunningham Goode Crowley Kanjorski Pallone nois (Mr. JOHNSON), the gentleman Boehner Davis, Jo Ann Goodlatte Cummings Kaptur Pascrell from Illinois (Mr. KIRK), the gentleman Bonilla Davis, Tom Goss Davis (AL) Kennedy (RI) Pastor from Illinois (Mr. EMANUEL). Bonner Deal (GA) Granger Davis (CA) Kildee Payne Bono DeLay Graves Davis (FL) Kilpatrick Pelosi The committee will retire from the Boozman DeMint Green (WI) Davis (IL) Kind Peterson (MN) Chamber to escort the Speaker-elect to Bradley (NH) Diaz-Balart, Greenwood Davis (TN) Kleczka Pomeroy the chair. Brady (TX) Lincoln Gutknecht DeFazio Kucinich Price (NC) The Sergeant at Arms announced the Brown (SC) Diaz-Balart, Harris DeGette Lampson Rahall Brown-Waite, Mario Hart Delahunt Langevin Rangel Speaker-elect of the House of Rep- Ginny Doolittle Hastings (WA) DeLauro Lantos Reyes resentatives of the 108th Congress, who Burgess Dreier Hayes Deutsch Larsen (WA) Rodriguez was escorted to the chair by the Com- Burns Duncan Hayworth Dicks Larson (CT) Ross mittee of escort. Burr Dunn Hefley Dingell Lee Rothman Burton (IN) Ehlers Hensarling Doggett Levin Roybal-Allard b 1345 Buyer Emerson Herger Dooley (CA) Lewis (GA) Ruppersberger Calvert English Hobson Doyle Lipinski Rush Ms. PELOSI. First, congratulations Camp Everett Hoekstra Edwards Lofgren Ryan (OH) to each and every Member of this

VerDate Dec 13 2002 06:04 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.004 H07PT1 H4 CONGRESSIONAL RECORD — HOUSE January 7, 2003 House on your swearing-in to the 108th My colleagues, I commit to all of you NANCY PELOSI is not the only woman Congress which is about to occur. A and to the American people that our to make history today. The gentle- special congratulations and welcome to party will always stand for the prin- woman from Ohio (Ms. PRYCE) today the freshmen to the Capitol and cer- ciples in which we believe, for I believe becomes the first woman to chair the tainly to their families and friends. Let those principles represent the main- House Republican Conference. I want us all welcome our freshmen Members. stream beliefs of our Nation: fairness, to congratulate her as well. Let me also thank my Democratic opportunity, patriotism, community, I think it is altogether appropriate to colleagues. I am humbled by the honor equal rights and a strong America, safe note the history these two outstanding they have bestowed upon me to become and prosperous at home, and com- representatives have made today. We the House Democratic leader. I know mitted abroad to a more secure and are a better country because of the ac- that I speak for all of us when I express just world, free from the fear of ter- tive political participation of millions profound gratitude to our esteemed rorism. of American women, in this House and colleague, the gentleman from Mis- So in that spirit, I ask the majority in elected positions all across this Na- souri (Mr. GEPHARDT). We thank the in this House and the administration tion. gentleman for his unwavering service to join us in a new spirit to get our We have 63 women Members in the to this institution and to our country. economy moving again in a way that House today. They represent millions It is a great honor to follow in his foot- helps working families. I ask that you of American. They fight hard for their steps. join us in creating jobs and providing constituents, and they serve with dis- And to my family, my dear husband, access to quality health care for Amer- tinction. Paul, our five children, and our five ica’s families, including a prescription Let me say to my good friend, the grandchildren, and to my D’Alesandro drug coverage for our seniors. gentlewoman from California (Ms. family, I thank them very much for the I ask that, after having passed the PELOSI), as I welcome her to her new love, support, encouragement, and joy Leave No Child Behind Act, we act now post as minority leader, we are going that they have given me. to pledge to put our children first and to have our fair share of disagree- Because of you, and the people of San fully fund their education. ments. That is the nature of our two- Francisco, whom I am honored to Finally and fundamentally, on the party system. But together we must al- serve, I had the unprecedented privi- great and fateful issues we have all ways find ways to make America a bet- lege today to have my name placed in faced as Americans, especially since ter and a more secure place to live. My door will always be open as we nomination as the first woman ever to September 11, let me pledge for my work together in this 108th Congress. do so in the history of the House of party our absolute commitment to our To all Members of this House, I say Representatives. national security, to winning the bat- thank you for giving me the great I am grateful to my colleagues for tle against terrorism and countering honor to serve once again as your the confidence and proud of my party the threat of weapons of mass destruc- Speaker. for breaking down another barrier and tion. As we stand here today, we leave be- leading America closer to the ideal of At times, we will have to debate on hind the work of the historic 107th equality that is both our heritage and how best to provide for the common de- Congress. Some of the achievements of our hope. fense. That debate is not only right and the 107th Congress were planned, oth- We serve in the people’s House; and necessary, it is at the heart of our de- ers were thrust upon us by events. We today, I want to pay tribute to the mocracy. But let there be no doubt, in enacted landmark education reform, American people. It is their greatness, our commitment to the strength and far-reaching election reform, and we their fair-mindedness, their commit- safety of America, there are no Demo- have completed work on the most sig- ment to family, their willingness to crats, there are no Republicans. To- nificant tax relief in a generation. hope and dream that sustain our coun- gether, as Americans, we must and will But we are also confronted by the try. prevail. most brutal, the senseless, and most I especially wish to acknowledge the We have great and grave issues to de- tragic attack on our citizens in our Na- men and women in uniform whose cide, as fateful as any faced by any of tion’s history. The events of September courage keeps our country free and the 107 Congresses before us. So let us 11, 2001, which we recalled in a historic safe and makes it possible for us to reach across party lines as we stand for commemorative session in New York strive for peace on Earth and goodwill principle, and let this be our own test, City last fall, are still very much in toward mankind. to advance and defend what is best for our thoughts and in our prayers. For more than 214 years, the Amer- America. We ache for those we lost at the ican people have issued a most awe- Now it is my privilege to present the World Trade Towers and the Pentagon, some challenge to those of us in Con- Speaker of the House with my hardiest and we give quiet thanks to those gress. Debate, the American people tell congratulations. Mr. Speaker, I hope in brave passengers on United Flight 93 us when they send us here, debate the the next Congress our roles will be re- who stopped the terrorists from crash- great issues of our Nation. Decide mat- versed, and you will have this wonder- ing another plane into Washington, ters of war and peace. Fashion laws and ful privilege of presenting the gavel. D.C. We sit in this Chamber knowing policies that will make our economy In introducing our Speaker, let me that it may very well have been the sound, our institutions fair, our society first pay tribute to his skill, his de- target for that ill-fated flight. just, our environment protected, our cency and his integrity. We all hold the Just a few steps from here, on the people educated and healthy, our reli- title of ‘‘honorable’’ by virtue of the of- central steps of this Capitol building, gions and beliefs free from constraint, fice we hold; DENNIS HASTERT holds the we stood together on September 11, Re- and our homeland secure from terror. title of ‘‘honorable’’ by virtue of his publicans and Democrats. We stood Debate policies, the American people character. He is a man of honor. shoulder to shoulder representing one tell us, which will ensure peace and It is my privilege, colleagues, to Nation, under God, indivisible, and justice throughout the world, comfort present the Speaker of the House for pledged to fight those who would the afflicted, give voice to the op- the 108th Congress, the gentleman from threaten our freedom. pressed, and make the future brighter Illinois (Mr. HASTERT). for our children. The SPEAKER. I want to thank the b 1400 Today I speak as the leader of the gentlewoman from California (Ms. In this room, just a few days later, minority in a closely divided House of PELOSI) for her gracious remarks, and I our President called us to action. And Representatives. We are on different want to congratulate her for her his- act we did to give the President the sides of the aisle, but we have shared toric achievement. NANCY PELOSI is the tools he needed to fight those who en- oath and a greater obligation to serve first woman in our Nation’s history to gage in terrorism and those who harbor our country together, both to find com- be nominated to be Speaker of the them. mon ground wherever we can and to House of Representatives. Now that Friends, our fellow Americans know stand our ground wherever we must to this glass ceiling has been broken, I that we are still engaged in that strug- be true to the people we represent. trust she will not be the last. gle today. Like generations before,

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.006 H07PT1 January 7, 2003 CONGRESSIONAL RECORD — HOUSE H5 they know that freedom comes with a 108th Congress, we must all begin by which too often strangles business cre- price. As we begin this new Congress, I listening to America, to the men and ation and puts an undue burden on our want to say to the American people, we women who sent us here. consumers. will keep that commitment we made What is it that concerns our citizens? Fourth, we can make the President’s on the steps of this Capitol on Sep- First and foremost, they want us to tax cuts permanent. What sense does it tember 11, 2001. This Congress will do make this Nation more secure. Terror- make to phase out the unfair death tax everything in its power to provide for ists threaten our American homeland. over 8 years only to have it come back the security of the American people. This Capitol building and the buildings to life in year 9? And we have to look We are determined that it shall never where our fellow Americans work and at longer term reform of our Tax Code. happen here again. live and worship are all on the front Our Tax Code should help us compete The Members of this House who are lines of this new war. Now that we have on the world stage. But does it help or returning can be proud of the legisla- a Department of Homeland Security, actually hurt job creation? Would it tion we passed to create a Department we in the Congress have a duty to not make sense to make our Tax Code of Homeland Security, the most sig- make sure it works as it was designed simpler, smarter and less burdensome? nificant restructuring of the Federal to work. It must protect our citizens As we work to make the economy Government in the last 50 years. It will without invading their privacy unnec- stronger, we must also work to make help make this Nation more secure. essarily. It must make our government our health care system better. We face But the 108th Congress must build on more effective in fighting terrorism a health care crisis in this country. the work of the last Congress. Having without making our government too Forty-four million Americans are unin- given birth to this new department, we big. And it must do its work effi- sured. Prescription drug costs are too must now nurture it and, with the lead- ciently, without compromising work- high. Health care costs continue to ership of our President, guide it to suc- ers’ rights. skyrocket. We need to address all of cessful maturity. And as we build on Later on today, we will vote to cre- these issues, and we need to do it the achievements of the 107th Con- ate a Select Committee on Homeland quickly. No senior citizen should be gress, we must not forget the legacy of Security. Members of this select com- forced to choose between putting food three leaders, two who decided to make mittee will oversee the creation of the on the table or purchasing lifesaving the 107th Congress their last, and an- Department of Homeland Security to prescription drugs. No small business other who chose to step down from his make certain that the executive mom and pop operation should have to leadership post as he considers other branch is carrying out the will of the risk going without health insurance for opportunities for public service. Congress. This select committee will their children because the cost is too Dick Armey and DICK GEPHARDT dif- be our eyes and our ears as this critical high. No baby boomer should be forced fered in many ways. The former major- department is organized. The standing to face bankruptcy just because she ity leader and the former minority committees of the House will maintain gets sick. Our health care system is the leader were often at odds on tax policy, their jurisdictions and will still have best in the world. But it could be even debated vigorously on social policy, authorization and oversight respon- better and more accessible to everyone. and presented competing visions for sibilities. This House needs to adapt to We have the resources, we have the tal- America. But they both loved this the largest reorganization of our execu- ent, and we have the know-how. Now House, and they both loved the St. tive branch in 50 years, and this select let us have the right laws to allow for Louis Rams. Their leadership, along committee will help us make this tran- an even better system. with that of J.C. Watts, will be missed sition. Finally, last year we passed land- in this House, and I wish them the best As we protect our citizens, we must mark education reform. The Leave No in their new endeavors. also support our Armed Forces as they Child Behind Act was a good start to As we start the 108th Congress, we fight the terrorists and the terrorist making our public schools the best in welcome 54 new Members of the House. states that protect them. Giving our the world. But we still have much work I have had a chance to meet almost all Armed Forces and intelligence services to do. I taught at a public high school of them, and I am impressed by their the resources they need to get the job for 16 years. My wife taught public experience, by their expertise and by done will be a top priority of this grade school for over 30 years. I know their energy. The other body also wel- House. how tough, yet how rewarding teaching comes 10 new Senators, including sev- As we work to make American fami- can be. There is no more noble profes- eral of our former colleagues. lies more secure, we also need to im- sion than being a teacher. There is no As I begin my third term as Speaker prove our Nation’s economy. Without a better investment in the future of our of the House, and ninth term as a Mem- sound economy that creates jobs, no Nation than education. Yet far too ber of Congress representing the voters family really feels secure. In too many often our schools are not as good as of the 14th District of Illinois, I want pockets of our Nation, the economy they ought to be. Let us work together, to thank my constituents for honoring stumbles along. This week, this House, as Republicans and Democrats, to imme with their trust. My district as we did in the waning hours of the prove our schools and support our stretches from the far suburbs of Chi- 107th Congress, will address an imme- teachers. cago, through the Fox River Valley, to diate need by passing an extension of On this historic day, my mind turns the great Mississippi River. It includes unemployment benefits. to our most sacred political document, suburbs, small towns and flowing fields But we all know that unemployment our Constitution. It is here that we, of corn and soybeans. It is the heart- benefits are no substitute for a perma- the Congress of the United States, are land of America. I am particularly nent job. We must ask ourselves, what charged with a simple task: establish proud that it includes Dixon, Illinois, can we do to improve our economic justice, ensure domestic tranquility, the boyhood home of one of the giants growth and create jobs? First, we can provide for the common defense, proof the 20th century, President Ronald lower the tax burden on small busi- mote the general welfare, and secure Reagan. nesses so that they can hire more the blessings of liberty to ourselves As you all know, I go home as often workers. Eighty percent of all the jobs and our posterity. Never has that mis- as possible, because it is there that I in my district, and I suspect many of sion seemed so important and never get a dose of reality. It is usually my yours, are created by small and me- has it seemed to be more threatened. wife Jean who provides that dose of re- dium-sized businesses. Let us do some- My colleagues, we have a sacred duty ality. Thank you, Jean, for all of your thing to help the job creators. to perform. As the elected representa- love, your support and your patience. Second, we can increase export op- tives of the American people, we must, I believe that to be a good Speaker of portunities with the rest of the world. along with our President, shoulder a the House, you also must be a good lis- Last year we passed trade promotion great burden of responsibility. Today, tener. I pledge to you that I will con- authority. This year we need to pro- we are jubilant in our celebration, and tinue to open my door to listen to your mote more trade and, yes, fair trade. rightfully so. Enjoy this day with your concerns and to do my best to do the Third, we can cut the cost of govern- family and your friends. But come back will of this House. And as we start the ment, of regulations, and of litigation, tomorrow with your sleeves rolled up,

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.008 H07PT1 H6 CONGRESSIONAL RECORD — HOUSE January 7, 2003 because the task ahead is great and MAJORITY LEADER That portion of the resolution was leadership is hard, steady work. You Ms. PRYCE of Ohio. Mr. Speaker, as agreed to. will be called upon to make many deci- chairman of the Republican Con- AMENDMENT OFFERED BY MR. MENENDEZ sions over the next 2 years. Many will ference, I am directed by that con- Mr. MENENDEZ. Mr. Speaker, I offer impact the economic well-being of your ference to notify the House officially an amendment to the remainder of the fellow Americans. Some may cause you that the Republican Members have se- resolution offered by the gentlewoman to send our youth into harm’s way. lected as their majority leader the gen- from Ohio (Ms. PRYCE). There is no textbook for how to do tleman from Texas, the Honorable TOM The Clerk read as follows: your job. Each of you must find your DELAY. own way. Start by doing your job to Amendment offered by Mr. MENENDEZ: f the best of your ability. Represent For the Remainder of the House Resolu- your constituents with the noblest of MINORITY LEADER tion 1 motives. And always be true to the That George Crawford of the state of Cali- Mr. MENENDEZ. Mr. Speaker, as fornia be, and is hereby, chosen Clerk of the democratic values of this great institu- chairman of the Democratic Caucus, I House of Representatives; tion. Let us be respectful of those with have been directed to report to the That Lorraine Miller of the state of Texas whom we disagree and make an effort House that Democratic Members have be, and is hereby, chosen Sergeant-at-Arms to find the common ground. Let us selected as minority leader the gentle- of the House of Representatives; and keep before us our common goal, to woman from California, the Honorable That Cecile Richards of the state of Texas make this Nation safer and more se- NANCY PELOSI. be, and is hereby, chosen Chief Administra- tive Officer of the House of Representatives. cure for all Americans and a better f place to pass on to our children and our The SPEAKER. The question is on grandchildren when our work here is MAJORITY WHIP the amendment offered by the gen- done. Ms. PRYCE of Ohio. Mr. Speaker, as tleman from New Jersey (Mr. MENEN- As we begin this new 108th Congress, chairman of the Republican Con- DEZ). let us be mindful of our Creator and of ference, I am directed by that con- The amendment was rejected. His plans for this great country. May ference to notify the House officially The SPEAKER. The question is on God bless this House of Representa- that the Republican Members have se- the remainder of the resolution offered tives. lected as majority whip the gentleman by the gentlewoman from Ohio (Ms. b 1415 from Missouri, the Honorable ROY PRYCE). BLUNT. I recognize my good friend and col- The remainder of the resolution was league, the dean of the House of Rep- f agreed to. resentatives, the gentleman from MINORITY WHIP A motion to reconsider was laid on Michigan (Mr. DINGELL); and he will Mr. MENENDEZ. Mr. Speaker, as the table. administer the oath of the office of the chairman of the Democratic Caucus, I The SPEAKER. The Chair will now Speaker. have been directed to report to the swear in the officers-elect of the House. Mr. DINGELL then administered the House that the Democratic Members Will they please come forward. oath of office to Mr. HASTERT of Illi- have elected as minority whip the gen- The officers-elect presented them- nois, as follows: tleman from Maryland, Mr. HOYER. selves at the bar of the House and took Do you solemnly swear that you will the oath of office as follows: f support and defend the Constitution of Do you solemnly swear that you will the United States against all enemies, ELECTION OF CLERK OF THE support and defend the Constitution of foreign and domestic; that you will HOUSE, SERGEANT AT ARMS, the United States against all enemies, bear true faith and allegiance to the CHIEF ADMINISTRATIVE OFFI- foreign and domestic; that you will same; that you take this obligation CER, AND CHAPLAIN bear true faith and allegiance to the freely, without any mental reservation Ms. PRYCE of Ohio. Mr. Speaker, I same; that you take the obligation or purpose of evasion, and that you will offer a privileged resolution (H. Res. 1) freely, without any mental reservation well and faithfully discharge the duties and ask for its immediate consider- or purpose of evasion, and that you will of the office upon which you are about ation. well and faithfully discharge the duties to enter. So help you God. The Clerk read the resolution, as of the office for which you are about to Mr. DINGELL. Congratulations. follows: enter. So help you God. (Applause, the Members rising.) H. RES. 1 The SPEAKER. Congratulations. f Resolved, That Jeffery J. Trandahl of the SWEARING IN OF MEMBERS State of South Dakota, be, and is hereby, f chosen Clerk of the House of Representa- The SPEAKER. According to the tives; precedents, the Chair will swear in all That Wilson S. Livingood of the Common- NOTIFICATION TO THE SENATE Members of the House at this time. wealth of Virginia, be, and is hereby, chosen Mr. DELAY. Mr. Speaker, I offer a If the Members will rise, the Chair Sergeant at Arms of the House of Represent- privileged resolution (H. Res. 2) to in- will now administer the oath of office. atives; form the Senate that a quorum of the That James M. Eagen, III, of the Common- The Members-elect and Delegates- wealth of Pennsylvania, be, and is hereby, House has assembled and of the elec- elect and the Resident Commissioner- chosen Chief Administrative Officer of the tion of the Speaker and the Clerk, and elect rose, and the Speaker adminis- House of Representatives; and ask for its immediate consideration. tered the oath of office to them as fol- That Father Daniel P. Coughlin of the The Clerk read the resolution, as follows: State of Illinois, be, and is hereby, chosen lows: Chaplain of the House of Representatives. Do you solemnly swear that you will H. RES. 2 support and defend the Constitution of Mr. MENENDEZ. Mr. Speaker, I have Resolved, That the Senate be informed that the United States against all enemies, an amendment to the resolution; but a quorum of the House of Representatives foreign and domestic; that you will before offering the amendment, I re- has assembled; that J. Dennis Hastert, a bear true faith and allegiance to the quest that there be a division of the Representative from the state of Illinois, has same; that you take this obligation question on the resolution so that we been elected Speaker; and Jeffrey J. freely, without any mental reservation may have a separate vote on the chap- Trandahl, a citizen of the State of South Da- or purpose of evasion, and that you will lain. kota, has been elected Clerk of the House of well and faithfully discharge the duties The SPEAKER. The question will be Representatives of the One Hundred Eighth of the office on which you are about to divided. Congress. enter. So help you God. The question is on agreeing to that The resolution was agreed to. The SPEAKER. Congratulations. You portion of the resolution providing for A motion to reconsider was laid on are now Members of the 108th Congress. the election of the Chaplain. the table.

VerDate Dec 13 2002 04:48 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.009 H07PT1 January 7, 2003 CONGRESSIONAL RECORD — HOUSE H7 COMMITTEE TO NOTIFY THE H. RES. 5 ‘‘(C) In the case of a Member, Delegate, or PRESIDENT Resolved, That the Rules of the House of Resident Commissioner elected to serve as Representatives of the One Hundred Seventh the chairman or the ranking minority mem- Mr. DELAY. Mr. Speaker, I offer a Congress, including applicable provisions of ber of the committee, tenure on the com- privileged resolution (H. Res. 3) author- law or concurrent resolution that con- mittee shall be limited only by paragraph izing the Speaker to appoint a com- stituted rules of the House at the end of the (c)(2) of this clause.’’. mittee to notify the President of the One Hundred Seventh Congress, are adopted (2) In clause 11(a)(4) of rule X, amend sub- assembly of the Congress, and ask for as the Rules of the House of Representatives division (B) to read as follows: its immediate consideration. of the One Hundred Eighth Congress, with ‘‘(B) In the case of a Member, Delegate, or amendments to the standing rules as pro- Resident Commissioner appointed to serve as The Clerk read the resolution, as fol- the chairman or the ranking minority mem- lows: vided in section 2, and with other orders as provided in sections 3 and 4. ber of the select committee, tenure on the H. RES. 3 SEC. 2. CHANGES IN STANDING RULES.— selected committee shall not be limited.’’. (f) ASSOCIATE STAFF.—In clause 9(b) of rule Resolved, That a committee of two Mem- (a) MEMBERS TO ACT AS SPEAKER PRO TEM- X— bers be appointed by the Speaker on the part PORE.—In clause 8(b) of rule I, add at the end (1) redesignate subparagraph (2) as sub- of the House of Representatives to join with the following new subparagraph: a committee on the part of the Senate to no- ‘‘(3)(A) In the case of a vacancy in the of- paragraph (2)(A); (2) redesignate subparagraph (3) as sub- tify the President of the United States that fice of Speaker, the next Member on the list paragraph (2)(B); a quorum of each House has assembled and described in subdivision (B) shall act as (3) in subparagraph (2)(B), as redesignated, Congress is ready to receive any communica- Speaker pro tempore until the election of a insert ‘‘other than the committee on Appro- tion that he may be pleased to make. Speaker or a Speaker pro tempore. Pending priations’’ after ‘‘a committee’’; and such election the Member acting as Speaker The resolution was agreed to. (4) strike subparagraph (4). pro tempore may exercise such authorities of A motion to reconsider was laid on (g) POSTPONING VOTES IN COMMITTEE.—At the Office of Speaker as may be necessary the table. the end of clause 2(h) of rule XI, add the fol- and appropriate to that end. lowing new subparagraph: f ‘‘(B) As soon as practicable after his elec- ‘‘(4)(A) Each committee may adopt a rule tion and whenever he deems appropriate authorizing the chairman of a committee or APPOINTMENT AS MEMBERS OF thereafter, the Speaker shall deliver to the subcommittee— COMMITTEE TO NOTIFY THE Clerk a list of Members in the order in which PRESIDENT, PURSUANT TO ‘‘(i) to postpone further proceedings when a each shall act as Speaker pro tempore under record vote is ordered on the question of ap- HOUSE RESOLUTION 3 subdivision (A). proving a measure or matter or on adopting ‘‘(C) For purposes of subdivision (A), a va- an amendment; and The SPEAKER. The Chair appoints cancy in the office of Speaker may exist by ‘‘(ii) to resume proceedings on a postponed as members of the committee on the reason of the physical inability of the Speak- question at any time after reasonable notice. part of the House to join a committee er to discharge the duties of the office.’’. ‘‘(B) A rule adopted pursuant to this sub- on the part of the Senate to notify the (b) TERM OF SPEAKER—In rule I— (1) strike clause 9; and paragraph shall provide that when pro- President of the United States that a ceedings resume on a postponed question, quorum of each House has been assem- (2) redesignate clause 13 as clause 9. (c) RECESS AND CONVENING AUTHORITIES.— notwithstanding any intervening order for bled, and that the Congress is ready to In clause 12 of rule I— the previous question, an underlying propo- receive any communication that he (1) amend the caption to read ‘‘Recess and sition shall remain subject to further debate may be pleased to make, the gen- convening authorities’’; and or amendment to the same extent as when tleman from Texas (Mr. DELAY) and (2) designate the existing text as paragraph the question was postponed.’’. the gentlewoman from California (Ms. (a) and add thereafter the following new (h) CODIFICATION OF FREESTANDING ETHICS RULES.—In clause 3 of rule XI, add at the end PELOSI). paragraphs: ‘‘(b) To suspend the business of the House the following new paragraphs: f when notified of an imminent threat to its ‘‘COMMITTEE AGENDAS safety, the Speaker may declare an emer- AUTHORIZING THE CLERK TO IN- ‘‘(f) The committee shall adopt rules pro- gency recess subject to the call of the Chair. viding that the chairman shall establish the FORM THE PRESIDENT OF THE ‘‘(c) During any recess or adjournment of UNITED STATES OF THE ELEC- agenda for meetings of the committee, but not more than three days, if the Speaker is shall not preclude the ranking minority TION OF THE SPEAKER AND THE notified by the Sergeant-at-Arms of an im- member from placing any item on the agen- CLERK OF THE HOUSE OF REP- minent impairment of the place of recon- da. RESENTATIVES vening at the time previously appointed, then he may, in consultation with the Mi- ‘‘COMMITTEE STAFF Mr. DELAY. Mr. Speaker, I offer a nority Leader— ‘‘(g)(1) The committee shall adopt rules privileged resolution (H. Res. 4) author- ‘‘(1) postpone the time for reconvening providing that— izing the Clerk to inform the President within the limits of clause 4, section 5, arti- ‘‘(A) the staff be assembled and retained as of the election of the Speaker and the cle I of the Constitution and notify Members a professional, nonpartisan staff; Clerk, and ask for its immediate con- accordingly; or ‘‘(B) each member of the staff shall be professional and demonstrably qualified for the sideration. ‘‘(2) reconvene the House before the time previously appointed solely to declare the position for which he is hired; The Clerk read the resolution, as fol- House in recess within the limits of clause 4, ‘‘(C) the staff as a whole and each member lows: section 5, article I of the Constitution and of the staff shall perform all official duties H. RES. 4 notify Members accordingly. in a nonpartisan manner; Resolved, That the Clerk be instructed to ‘‘(d) The Speaker may convene the House ‘‘(D) no member of the staff shall engage in inform the President of the United States in a place at the seat of government other any partisan political activity directly af- that the House of Representatives has elect- than the Hall of the House whenever, in his fecting any congressional or presidential ed J. Dennis Hastert, a Representative from opinion, the public interest shall warrant election; ‘‘(E) no member of the staff or outside the State of Illinois, Speaker: and Jeffrey J. it.’’. counsel may accept public speaking engage- Trandahl, a citizen of the State of South Da- (d) PRIVILEGES OF FLOOR.—In clause 2(a)(7) ments or write for publication on any sub- kota, Clerk of the House of Representatives of rule IV, after ‘‘consideration’’ insert a ject that is in any way related to his or her of the One Hundred Eighth Congress. comma followed by ‘‘and staff of the respective party leaderships when so assigned with employment or duties with the committee The resolution was agreed to. the approval of the Speaker’’. without specific prior approval from the A motion to reconsider was laid on (e) MEMBERSHIP OF BUDGET COMMITTEE.—In chairman and ranking minority member; and the table. clause 5(a)(2) of rule X, amend subdivision ‘‘(F) no member of the staff or outside (A)(i) to read as follows: counsel may make public, unless approved f ‘‘(i) Members, Delegates, or the Resident by an affirmative vote of a majority of the b 1430 Commissioner who are members of other members of the committee, any information, standing committees, including five from the document, or other material that is con- RULES OF THE HOUSE Committee on Appropriations, five from the fidential, derived from executive session, or classified and that is obtained during the Mr. DELAY. Mr. Speaker, I offer a Committee on Ways and Means, and one course of employment with the committee. privileged resolution (H. Res. 5) and from the Committee on Rules;’’. (e-1) TENURE OF CERTAIN CHAIRMEN AND ‘‘(2) Only subdivisions (C), (E), and (F) of ask for its immediate consideration. RANKING MINORITY MEMBERS.— subparagraph (1) shall apply to shared staff. The Clerk read the resolution, as fol- (1) In clause 5(a)(2) of rule X, amended sub- ‘‘(3)(A) All staff members shall be ap- lows: division (C) to read as follows: pointed by an affirmative vote of a majority

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.013 H07PT1 H8 CONGRESSIONAL RECORD — HOUSE January 7, 2003 of the members of the committee. Such vote action by the House, which may include dis- but may not serve as non-voting, ex officio shall occur at the first meeting of the mem- missal of the complaint or resolution of the members. bership of the committee during each Con- complaint by a letter to the Member, officer, ‘‘STANDARD OF PROOF FOR ADOPTION OF gress and as necessary during the Congress. or employee of the House against whom the STATEMENT OF ALLEGED VIOLATION ‘‘(B) Subject to the approval of the Com- complaint is made; ‘‘(n) The committee shall adopt rules to mittee on House Administration, the com- ‘‘(B) establish an investigative sub- provide that an investigative subcommittee mittee may retain counsel not employed by committee; or may adopt a statement of alleged violation the House of Representatives whenever the ‘‘(C) request that the committee extend only if it determines by an affirmative vote committee determines, by an affirmative the applicable 45-calendar day or five-legisla- of a majority of the members of the sub- vote of a majority of the members of the tive day period by one additional 45-calendar committee that there is substantial reason committee, that the retention of outside day period when they determine more time to believe that a violation of the Code of Of- counsel is necessary and appropriate. is necessary in order to make a recommenda- ficial Conduct, or of a law, rule, regulation, ‘‘(C) If the committee determines that it is tion under subdivision (A). or other standard of conduct applicable to necessary to retain staff members for the ‘‘(2) The committee shall adopt rules pro- the performance of official duties or the dis- purpose of a particular investigation or viding that if the chairman and ranking mi- charge of official responsibilities by a Mem- other proceeding, then such staff shall be re- nority member jointly determine that infor- ber, officer, or employee of the House of Rep- tained only for the duration of that par- mation submitted to the committee meets resentatives, has occurred. ticular investigation or proceeding. the requirements of the rules of the com- ‘‘(D) Outside counsel may be dismissed be- mittee for what constitutes a complaint, and ‘‘SUBCOMMITTEE POWERS fore the end of a contract between the com- the complaint is not disposed of within the ‘‘(o)(1) The committee shall adopt rules mittee and such counsel only by an affirma- applicable time periods under subparagraph providing that an investigative sub- tive vote of a majority of the members of the (1), then they shall establish an investigative committee or an adjudicatory subcommittee committee. subcommittee and forward the complaint, or may authorize and issue subpoenas only ‘‘(4) In addition to any other staff provided any portion thereof, to that subcommittee when authorized by an affirmative vote of a for by law, rule, or other authority, with re- for its consideration. However, if, at any majority of the members of the sub- spect to the committee, the chairman and time during those periods, either the chair- committee. ranking minority member each may appoint man or ranking minority member places on ‘‘(2) The committee shall adopt rules pro- one individual as a shared staff member for the agenda the issue of whether to establish viding that an investigative subcommittee his or her personal staff to perform service an investigative subcommittee, then an in- may, upon an affirmative vote of a majority for the committee. Such shared staff may as- vestigative subcommittee may be estab- of its members, expand the scope of its inves- sist the chairman or ranking minority mem- lished only by an affirmative vote of a ma- tigation approved by an affirmative vote of a ber on any subcommittee on which he serves. jority of the members of the committee. majority of the members of the committee. ‘‘MEETINGS AND HEARINGS ‘‘DUTIES OF CHAIRMAN AND RANKING MINORITY ‘‘(3) The committee shall adopt rules to ‘‘(h)(1) The committee shall adopt rules MEMBER REGARDING INFORMATION NOT CON- provide that— providing that— STITUTING A COMPLAINT ‘‘(A) an investigative subcommittee may, ‘‘(A) all meetings or hearings of the com- ‘‘(l) The committee shall adopt rules pro- upon an affirmative vote of a majority of its mittee or any subcommittee thereof, other viding that whenever the chairman and members, amend its statement of alleged than any hearing held by an adjudicatory ranking minority member jointly determine violation anytime before the statement of subcommittee or any sanction hearing held that information submitted to the com- alleged violation is transmitted to the com- by the committee, shall occur in executive mittee does not meet the requirements of mittee; and session unless the committee or sub- the rules of the committee for what con- ‘‘(B) if an investigative subcommittee committee by an affirmative vote of a ma- stitutes a complaint, they may— amends its statement of alleged violation, jority of its members opens the meeting or ‘‘(1) return the information to the com- the respondent shall be notified in writing hearing to the public; and plainant with a statement that it fails to and shall have 30 calendar days from the ‘‘(B) any hearing held by an adjudicatory meet the requirements of the rules of the date of that notification to file an answer to subcommittee or any sanction hearing held committee for what constitutes a complaint; the amended statement of alleged violation. by the committee shall be open to the public or ‘‘DUE PROCESS RIGHTS OF RESPONDENTS unless the committee or subcommittee by an ‘‘(2) recommend to the committee that it ‘‘(p) The committee shall adopt rules to affirmative vote of a majority of its mem- authorize the establishment of an investiga- provide that— bers closes the hearing to the public. tive subcommittee. ‘‘(1) not less than 10 calendar days before a ‘‘PUBLIC DISCLOSURE ‘‘INVESTIGATIVE AND ADJUDICATORY scheduled vote by an investigative sub- ‘‘(i) The committee shall adopt rules pro- SUBCOMMITTEE committee on a statement of alleged viola- viding that, unless otherwise determined by ‘‘(m) The committee shall adopt rules pro- tion, the subcommittee shall provide the re- a vote of the committee, only the chairman viding that— spondent with a copy of the statement of al- or ranking minority member, after consulta- ‘‘(1)(A) an investigative subcommittee leged violation it intends to adopt together tion with each other, may make public state- shall be composed of four Members (with with all evidence it intends to use to prove ments regarding matters before the com- equal representation from the majority and those charges which it intends to adopt, in- mittee or any subcommittee thereof. minority parties) whenever such a sub- cluding documentary evidence, witness testimony, memoranda of witness interviews, and ‘‘REQUIREMENTS TO CONSTITUTE A COMPLAINT committee is established pursuant to the rules of the committee; physical evidence, unless the subcommittee ‘‘(j) The committee shall adopt rules re- ‘‘(B) an adjudicatory subcommittee shall by an affirmative vote of a majority of its garding complaints to provide that whenever be composed of the members of the com- members decides to withhold certain evi- information offered as a complaint is sub- mittee who did not serve on the pertinent in- dence in order to protect a witness; but if mitted to the committee, the chairman and vestigative subcommittee (with equal rep- such evidence is withheld, the subcommittee ranking minority member shall have 14 cal- resentation from the majority and minority shall inform the respondent that evidence is endar days or five legislative days, which- parties) whenever such a subcommittee is es- being withheld and of the count to which ever is sooner, to determine whether the in- tablished pursuant to the rules of the com- such evidence relates; formation meets the requirements of the mittee; and ‘‘(2) neither the respondent nor his counsel rules of the committee for what constitutes ‘‘(C) notwithstanding any other provision shall, directly or indirectly, contact the sub- a complaint. of this clause, the chairman and ranking mi- committee or any member thereof during ‘‘DUTIES OF CHAIRMAN AND RANKING MINORITY nority member of the committee may con- the period of time set forth in paragraph (1) MEMBER REGARDING PROPERLY FLIED COM- sult with an investigative subcommittee ei- except for the sole purpose of settlement dis- PLAINTS ther on their own initiative or on the initia- cussions where counsel for the respondent ‘‘(k)(1) The committee shall adopt rules tive of the subcommittee, shall have access and the subcommittee are present; providing that whenever the chairman and to information before a subcommittee with ‘‘(3) if, at any time after the issuance of a ranking minority member jointly determine which they so consult, and shall not thereby statement of alleged violation, the com- that information submitted to the com- be precluded from serving as full, voting mittee or any subcommittee thereof deter- mittee meets the requirements of the rules members of any adjudicatory subcommittee; mines that it intends to use evidence not of the committee for what constitutes a ‘‘(2) at the time of appointment, the chair- provided to a respondent under paragraph (1) complaint, they shall have 45 calendar days man shall designate one member of a sub- to prove the charges contained in the state- or five legislative days, whichever is later, committee to serve as chairman and the ment of alleged violation (or any amendment after that determination (unless the com- ranking minority member shall designate thereof), such evidence shall be made imme- mittee by an affirmative vote of a majority one member of the subcommittee to serve as diately available to the respondent, and it of its members votes otherwise) to— the ranking minority member; and may be used in any further proceeding under ‘‘(A) recommend to the committee that it ‘‘(3) the chairman and ranking minority the rules of the committee; dispose of the complaint, or any portion member of the committee may serve as ‘‘(4) evidence provided pursuant to para- thereof, in any manner that does not require members of an investigative subcommittee, graph (1) or (3) shall be made available to the

VerDate Dec 13 2002 04:48 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A07JA7.019 H07PT1 January 7, 2003 CONGRESSIONAL RECORD — HOUSE H9

respondent and his or her counsel only after make the report together with respondent’s (o) CERTAIN TAX OR TARIFF PROVISIONS.—In each agrees, in writing, that no document, views available to the public before the com- clause 5(a) of XXI, designate the existing information, or other materials obtained mencement of any sanction hearing; and text as subparagraph (1) and add thereafter pursuant to that paragraph shall be made ‘‘(D) the committee shall by an affirmative the following new subparagraph: public until— vote of a majority of its members issue a re- ‘‘(2) For purposes of paragraph (1), a tax or ‘‘(A) such time as a statement of alleged port and transmit such report to the House tariff measure includes an amendment pro- violation is made public by the committee if of Representatives, together with the re- posing a limitation on funds in a general ap- the respondent has waived the adjudicatory spondent’s views previously submitted pur- propriation bill for the administration of a hearing; or suant to subdivision (B) and any additional tax or tariff.’’. ‘‘(B) the commencement of an adjudicatory views respondent may submit for attach- (p) MOTIONS TO INSTRUCT DURING CON- hearing if the respondent has not waived an ment to the final report; and FERENCE.—In clause 7(c)(1) of XXII, strike adjudicatory hearing; but the failure of re- ‘‘(3) members of the committee shall have ‘‘20 calendar days’’ and insert in lieu thereof spondent and his counsel to so agree in writ- not less than 72 hours to review any report ‘‘20 calendar days and 10 legislative days’’. ing, and their consequent failure to receive transmitted to the committee by an inves- (q) PRACTICE OF MEDICINE.—In clause 2 of the evidence, shall not preclude the issuance tigative subcommittee before both the com- rule XXV, insert ‘‘except for the practice of of a statement of alleged violation at the end mencement of a sanction hearing and the medicine’’ after ‘‘fiduciary relationship’’ in of the period referred to in paragraph (1); committee vote on whether to adopt the re- both places it appears. ‘‘(5) a respondent shall receive written no- port.’’ (r) GIFTS OF PERISHABLE FOOD.—In clause tice whenever— (i) JOINT REFERRAL.—In clause 2(c)(1) of 5(a)(1)(B) of XXV before the last sentence in- ‘‘(A) the chairman and ranking minority rule XII, insert before the semicolon the fol- sert the following: ‘‘The value of perishable member determine that information the lowing: ‘‘(except where he determines that food sent to an office shall be allocated committee has received constitutes a com- extraordinary circumstances justify review among the individual recipients and not the plaint; by more than one committee as though pri- Member, Delegate, or Resident Commis- ‘‘(B) a complaint or allegation is trans- mary)’’. sioner.’’. mitted to an investigative subcommittee; (j) MACROECONOMIC ANALYSIS OF TAX PRO- (s) CHARITY TRAVEL.—In clause 5(a)(4)(C) of ‘‘(C) an investigative subcommittee votes POSALS.—In clause 3(h) of rule XIII, strike XXV, insert before the period the following: to authorize its first subpoena or to take tes- subparagraphs (2) and (3) and insert in lieu ‘‘unless— timony under oath, whichever occurs first; thereof the following: ‘‘(i) all of the net proceeds of the event are or ‘‘(2)(A) it shall not be in order to consider for the benefit of an organization described ‘‘(D) an investigative subcommittee votes a bill or joint resolution reported by the in section 501(c)(3) of the Internal Revenue to expand the scope of its investigation; Committee on Ways and Means that proposes Code of 1986 and exempt from taxation under ‘‘(6) whenever an investigative sub- the Internal Revenue Code of 1986 unless— section 501(a) of such Code; committee adopts a statement of alleged vio- ‘‘(i) the report includes a macroeconomic ‘‘(ii) reimbursement for the transportation lation and a respondent enters into an agree- impact analysis; and lodging in connection with the event is ment with that subcommittee to settle a ‘‘(ii) the report includes a statement from paid by such organization; and complaint on which that statement is based, the Joint Committee on Internal Revenue ‘‘(iii) the offer of free attendance at the that agreement, unless the respondent re- Taxation explaining why a macroeconomic event is made by such organization’’. quests otherwise, shall be in writing and impact analysis is not calculable; or (t) PUBLIC DEBT-LIMIT LEGISLATION.—Re- signed by the respondent and respondent’s ‘‘(iii) the chairman of the Committee on designation rule XXVII as rule XXVII and in- counsel, the chairman and ranking minority Ways and Means causes a macroeconomic sert after rule XXVI the following new rule: member of the subcommittee, and the out- impact analysis to be printed in the Congres- ‘‘RULE XXVII sional Record before consideration of the bill side counsel, if any; ‘‘STATUTORY LIMIT ON PUBLIC DEBT ‘‘(7) statements or information derived or joint resolution. ‘‘1. Upon adoption by Congress of a concur- solely from a respondent or his counsel dur- ‘‘(B) In subdivision (A), the term ‘‘macro- rent resolution on the budget under section ing any settlement discussions between the economic impact analysis’’ means— 301 or 304 of the Congressional Budget Act of committee or a subcommittee thereof and ‘‘(i) an estimate prepared by the Joint 1974 that sets forth, as the appropriate level the respondent shall not be included in any Committee on Internal Revenue Taxation of of the public debt for the period to which the report of the subcommittee or the com- the changes in economic output, employ- concurrent resolution relates, an amount mittee or otherwise publicly disclosed with- ment, capital stock, and tax revenues ex- that is different from the amount of the stat- out the consent of the respondent; and pected to result from enactment of the pro- utory limit on the public debt that otherwise ‘‘(8) whenever a motion to establish an in- posal; and would be in effect for that period, the Clerk vestigative subcommittee does not prevail, ‘‘(ii) a statement from the Joint Com- shall prepare an engrossment of a joint reso- the committee shall promptly send a letter mittee on Internal Revenue Taxation identi- lution increasing or decreasing, as the case to the respondent informing him of such fying the critical assumptions and the source may be, the statutory limit on the public vote. of data underlying that estimate.’’. (k) PERSONAL ELECTRONIC EQUIPMENT ON debt in the form prescribed in clause 2. Upon COMMITTEE REPORTING REQUIREMENTS ‘‘ FLOOR.—In clause 5 of rule XVII, strike ‘‘any engrossment of the joint resolution, the vote ‘‘(q) The committee shall adopt rules to personal’’ and all that following in the pe- by which the concurrent resolution on the provide that— nultimate sentence and insert in lieu thereof budget was finally agreed to in the House ‘‘(1) whenever an investigative sub- ‘‘a wireless telephone or personal computer shall also be considered as a vote on passage committee does not adopt a statement of al- on the floor of the House.’’. of the joint resolution in the House, and the leged violation and transmits a report to (l) ACCOUNTING FOR VACANCIES.—In clause 5 joint resolution shall be considered as passed that effect to the committee, the committee of rule XX, add after paragraph (b) the fol- by the House and duly certified and exam- may by an affirmative vote of a majority of lowing new paragraph: ined. The engrossed copy shall be signed by its members transmit such report to the ‘‘(c) Upon the death, resignation, expul- the Clerk and transmitted to the Senate for House of Representatives; sion, disqualification, or removal of a Mem- further legislative action. ‘‘(2) whenever an investigative sub- ber, the whole number of the House shall be ‘‘2. The matter after the resolving clause committee adopts a statement of alleged vio- adjusted accordingly. The Speaker shall an- in a joint resolution described in clause 1 lation, the respondent admits to the viola- nounce the adjustment to the House. Such shall be as follows: ‘That subsection (b) of tions set forth in such statement, the re- an announcement shall not be subject to ap- section 3101 of title 31, United States Code, is spondent waives his or her right to an adju- peal. In the case of a death, the Speaker may amended by striking out the dollar limita- dicatory hearing, and the respondent’s waiv- lay before the House such documentation tion contained in such subsection and insert- er is approved by the committee— from federal, state, or local officials as he ing in lieu thereof ‘‘$ll’’.’, with the blank ‘‘(A) the subcommittee shall prepare a re- deems pertinent.’’. being filled with a dollar limitation equal to port for transmittal to the committee, a (m) PROCEEDINGS DURING CALL OF HOUSE.— the appropriate level of the public debt set final draft of which shall be provided to the In clause 6(c) of rule XX, strike ‘‘the Speaker forth pursuant to section 301(a)(5) of the Con- respondent not less than 15 calendar days be- may entertain a motion that the House ad- gressional Budget Act of 1974 in the relevant fore the subcommittee votes on whether to journ’’ and insert in lieu thereof’’ a motion concurrent resolution described in clause 1. adopt the report; that the House adjourn shall be in order’’. If an adopted concurrent resolution under ‘‘(B) the respondent may submit views in (n) FIVE-MINUTE VOTING IN SERIES.—In rule clause 1 sets forth different appropriate lev- writing regarding the final draft to the sub- XX, amend clause 9 to read as follows: els of the public debt for separate periods, committee within seven calendar days of re- ‘‘9. The Speaker may reduce to five min- only one engrossed joint resolution shall be ceipt of that draft; utes the minimum time for electronic voting prepared under clause 1; and the blank re- ‘‘(C) the subcommittee shall transmit a re- on any question arising without intervening ferred to in the preceding sentence shall be port to the committee regarding the state- business after an electronic vote on another filled with the limitation that is to apply for ment of alleged violation together with any question if notice of possible five-minute each period. views submitted by the respondent pursuant voting for a given series of votes was issued ‘‘3. (a) The report of the Committee on the to subdivision (B), and the committee shall before the proceeding electronic vote.’’. Budget on a concurrent resolution described

VerDate Dec 13 2002 04:48 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A07JA7.021 H07PT1 H10 CONGRESSIONAL RECORD — HOUSE January 7, 2003

in clause 1 and the joint explanatory state- shall be construed in the House of Represent- (1) ESTABLISHMENT.—During the One Hun- ment of the managers on a conference report atives as references to a joint resolution. dred Eighth Congress, there is established a to accompany such a concurrent resolution (2) During the One Hundred Eighth Con- Select Committee on Homeland Security. each shall contain a clear statement of the gress, in the case of a reported bill or joint (2) COMPOSITION.—The select committee effect the eventual enactment of a joint res- resolution considered pursuant to a special shall be composed of Members appointed by olution engrossed under this rule would have order of business, a point of order under sec- the Speaker, including Members appointed on the statutory limit on the public debt. tion 303 of the Congressional Budget Act of on the recommendation of the Minority ‘‘(b) It shall not be in order for the House 1974 shall be determined on the basis of the Leader. The Speaker shall designate one to consider a concurrent resolution described text made in order as an original bill or joint member as chairman. Service on the select in clause 1, or a conference report thereon, resolution for the purpose of amendment or committee shall not count against the limi- unless the report of the Committee on the to the text on which the previous question is tations on committee service in clause Budget or the joint explanatory statement of ordered directly to passage, as the case may 5(b)(2) of rule X. be. the managers complies with paragraph (a). (3) VACANCIES.—Any vacancies occurring in (3) During the One Hundred Eighth Con- ‘‘4. Nothing in this rule shall be construed the membership of the select committee gress, a provision in a bill or joint resolu- as limiting or otherwise affecting— shall be filled in the same manner as the tion, or in an amendment thereto or a con- ‘‘(a) the power of the House or the Senate original appointment. ference report thereon, that establishes pro- to consider and pass bills or joint resolu- spectively for a Federal office or position a (b) JURISDICTION; FUNCTIONS.— tions, without regard to the procedures specified or minimum level of compensation (1) LEGISLATIVE JURISDICTION.—The select under clause 1, that would change the statu- to be funded by annual discretionary appro- committee may develop recommendations tory limit on the public debt; or priations shall not be considered as pro- and report to the House by bill or otherwise ‘‘(b) the rights of Members, Delegates, the viding new entitlement authority within the on such matters that relate to the Homeland Resident Commissioner, or committees with meaning of the Congressional Budget Act of Security Act of 2002 (P.L. 107–296) as may be respect to the introduction, consideration, 1974. referred to it by the Speaker. and reporting of such bills or joint resolu- (4)(A) During the One Hundred Eighth Con- (2) OVERSIGHT FUNCTION.—The select com- tions. gress, pending the adoption of a concurrent mittee shall review and study on the con- ‘‘5. In this rule the term ‘statutory limit resolution on the budget for fiscal year 2003, tinuing basis laws, programs, and Govern- on the public debt’ means the maximum face the provisions of House Concurrent Resolu- ment activities relating to homeland secu- amount of obligations issued under author- tion 353 of the One Hundred Seventh Con- rity. ity of chapter 31 of title 31, United States gress, as adopted by the House, shall have (3) RULES STUDY.—The select committee is Code, and obligations guaranteed as to prin- force and effect in the House as though the authorized and directed to conduct a thor- cipal and interest by the United States (ex- One Hundred Eighth Congress has adopted ough and complete study of the operation cept such guaranteed obligations as may be such a concurrent resolution. and implementation of the rules of the held by the Secretary of the Treasury), as (B) The chairman of the Committee on the House, including rule X, with respect to the determined under section 3101(b) of such title Budget (when elected) shall submit for print- issue of homeland security. The select com- after the application of section 3101(a) of ing in the Congressional Record— mittee shall submit its recommendations re- such title, that may be outstanding at any (i) the allocations contemplated by section garding any changes in the rules of the one time.’’. 302(a) of the Congressional Budget Act of 1974 House to the Committee on Rules not later (u) TECHNICAL AND CODIFYING CHANGES.— to accompany the concurrent resolution de- than September 30, 2004. (1) In clause 2(g) of rule II— scribed in subparagraph (A), which shall be (c) PROCEDURE.—The rules of the House ap- (a) strike ‘‘do’’ in each place it appears and considered to be such allocations under a plicable to the standing committees shall insert in lieu thereof ‘‘perform’’; and concurrent resolution on the budget; govern the select committee where not in- (b) strike ‘‘done’’ and insert in lieu thereof (ii) ‘‘Accounts Identified for Advance Ap- consistent with this section. propriations,’’ which shall be considered to ‘‘performed’’. (d) FUNDING.—To enable the select com- be the programs, projects, activities, or ac- (2) In clause 1(g)(6) of rule X, strike ‘‘orga- mittee to carry out the purposes of this reso- counts referred to section 301(b) of House nization’’ and insert in lieu thereof ‘‘organi- lution, the select committee may use the Concurrent Resolution 353 of the One Hun- zations’’. services of staff of the House. dred Seventh Congress, as adopted by the (3) In clause 3(a)(1)(B) of rule XIII, strike (e) DISPOSITION OF RECORDS.—Upon dissolu- House; and ‘‘or (4)’’. (iii) an estimated unified surplus, which tion of the select committee, the records of (4) In clause 3 of rule XVIII, strike ‘‘All shall be considered to be the estimated uni- the select committee shall become the bills’’ and insert in lieu thereof ‘‘All public fied surplus set forth in the report of the records of any committee designated by the bills’’. Committee on the Budget accompanying Speaker. (5) In clause 2(a) of rule XX, strike ‘‘9 or House Concurrent Resolution 353 of the One The SPEAKER. The gentleman from 10’’ and insert in lieu thereof ‘‘8 or 9’’. Hundred Seventh Congress referred to in sec- Texas (Mr. DELAY) is recognized for 1 (6) In clause 8 of rule XX— tion 211 of such concurrent resolution. hour. (a) amend paragraph (a)(1) to read as fol- (C) The allocation referred to in section Mr. DELAY. Mr. Speaker, for the pur- lows: 231(d) of House Concurrent Resolution 353 of ‘‘(a)(1) When a recorded vote is ordered, or the One Hundred Seventh Congress, as adopt- poses of debate only, I yield the cus- the yeas and nays are ordered, or a vote is ed by the House, shall be considered to be tomary 30 minutes to the gentlewoman objected to under clause 6— the corresponding allocation among those from California (Ms. PELOSI) or her des- ‘‘(A) on any of the questions specified in submitted by the chairman of the Committee ignee, pending which I yield myself subparagraph (2), the Speaker may postpone on the Budget under subparagraph (B)(i). such time as I may consume. During further proceedings to a designated place in (b) CERTAIN SUBCOMMITTEES.—Notwith- the consideration of the resolution, all the legislative schedule within two addi- standing clause 5(d) of rule X, during the One tional legislative days; and Hundred Eighth Congress— time yielded is for debate purposes ‘‘(B) on the question of agreeing to the (1) the Committee on Armed Services may only. I ask unanimous consent that the Speaker’s approval of the Journal, the have not more than six subcommittees; time allocated to me be controlled by Speaker may postpone further proceedings (2) the Committee on International Rela- the gentleman from California (Mr. to a designated place in the legislative tions may have not more than six sub- DREIER). schedule on that legislative day.’’; and committees; and The SPEAKER. Is there objection to (b) in paragraph (a)(2), strike ‘‘the’’ before (3) the Committee on Transportation and Infrastructure may have not more than six the request of the gentleman from ‘‘subparagraph (1)’’. Texas? (7) In clause 8 of rule XX— subcommittees. (c) NUMBERING OF BILLS.—In the One Hun- (a) in paragraph (b) strike ‘‘in the order in There was no objection. dred Eighth Congress, the first 10 numbers which it was considered’’; and The SPEAKER. The Chair recognizes for bills (H.R. 1 through H.R. 10) shall be re- (b) in paragraph (d) strike ‘‘in the order in the gentleman from California (Mr. served for assignment by the Speaker to which they were considered’’. DREIER). such bills as he may designate when intro- (8) In clause 1 of rule XXII, strike ‘‘bill or duced during the first session. (Mr. DREIER asked and was given resolution’’ in each place it appears and in- (d) MOTIONS TO SUSPEND THE RULES.—Dur- permission to revise and extend his re- sert in lieu thereof ‘‘proposition’’. ing the first session of the One Hundred marks.) (9) In clause 12(a)(2) of rule XXII, strike Eighth Congress, the Speaker may entertain Mr. DREIER. Mr. Speaker, I yield ‘‘by a record vote’’ and insert in lieu thereof motions that the House suspend the rules on ‘‘by the yeas and nays’’. myself such time as I may consume. Wednesdays through the second Wednesday I want to begin by extending con- SEC. 3. SEPARATE ORDERS.— in April as though under clause 1 of rule XV. gratulations to the Speaker, our ma- (a) BUDGET MATTERS.— SEC. 4. SELECT COMMITTEE ON HOMELAND SE- (1) During the One Hundred Eighth Con- CURITY. jority leader, our friends in the minor- gress, references in section 306 of the Con- (a) ESTABLISHMENT; COMPOSITION; VACAN- ity and all of our colleagues on their gressional Budget Act of 1974 to a resolution CIES.— election.

VerDate Dec 13 2002 04:48 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A07JA7.023 H07PT1 January 7, 2003 CONGRESSIONAL RECORD — HOUSE H11 The comprehensive changes that we clause 2(h) to allow committees to Section 2(T) creates a new rule 27 are proposing in H. Res. 5 seek to build adopt a similar rule authorizing the which provides for the automatic on the successful reform accomplish- chairman of a committee or sub- House passage of a joint resolution in- ments of the last 8 years which have committee to postpone certain votes creasing the statutory limit on the helped to make the House more ac- and resume proceedings on a postponed public debt when the House agrees to a countable and deliberative and have question after reasonable notice. An budget resolution that requires such an strengthened our ability to govern ef- underlying proposition would remain increase. The amount of the increase in fectively and responsibly. subject to further debate or amend- the joint resolution conforms to the As my colleagues recall, Mr. Speak- ment to the same extent as when the level established in the budget resolu- er, we overhauled the committee sys- question was postponed. tion. The final House vote on the con- tem, made Congress compliant with During the 105th Congress, Mr. ference report on the budget resolution anti-discrimination and workplace Speaker, the House adopted H. Res. 168, shall be deemed the vote on the joint safety laws, opened committee meet- which included both changes to the resolution. The rule is similar to the ings to the public and press, modern- standing rules of the House and free- former rule 23 of the 106th Congress ized the Rules of the House to make standing directives to the Committee and prior Congresses. them more understandable, and cut the on Standards of Official Conduct. For The resolution also makes exceptions number of standing rules nearly in the past two Congresses, these free- and clarifications to rule 25, also half. In the 107th Congress, we created standing directives have been carried known as the gift rule, with regard to the Committee on Financial Services, forward through a separate order. perishable food distributed in the office enhanced oversight planning, strength- Section 2(H) codifies these directives and charity travel, respectively. And, ened performance goals and objectives, which address committee agenda, com- for the most part, the remaining provi- mittee staff, meetings and hearings, and created the Department of Home- sions of section 2 are technical, con- public disclosure, requirements to con- land Security. forming, or clarifying in nature. Our continued investments in tech- stitute a complaint, duties of the Mr. Speaker, section 3 of the resolu- nology are transforming the culture, chairman and ranking member, inves- tion consists of ‘‘Separate Orders’’ operations, and responsibilities of Con- tigative and adjudicatory subcommit- which do not change any of the stand- tees, standard of proof for adoption of gress in a very positive way. ing rules of the House. These are more With that having been said, I want to statement of alleged violation, sub- or less housekeeping provisions which committee powers, due process rights describe some of the more significant deem certain actions or waive the ap- of respondents, and committee report- positive rules changes we are proposing plication of certain rules of the House. to the standing rules of the House, and ing requirements. Section 3(A) provides for the continu- Section 2(I) permits the joint referral those are contained in section 2 of this ation of certain budget enforcement of measures without designation of pri- resolution. mechanisms from the 107th Congress as mary jurisdiction. This change is Section 2(A) and section 2(C), as well well as deems the provisions of the meant only as a minor deviation from as section 2(L) stem from the rec- budget resolution H. Con. Res. 353 as the normal requirement under the ommendations made by the bipartisan adopted by the House in the 107th Con- rules for the designation of one com- Continuity of Congress Task Force, mittee of primary jurisdiction and gress shall have effect in the 108th Con- which was formed following the attack should be exercised only in extraor- gress until such time as a conference of September 11, 2001, which Speaker dinary jurisdictionally deserving in- report establishing a budget for the fis- HASTERT talked about, that was co- stances. cal year 2004 is adopted. chaired by my friend, the gentleman Mr. Speaker, in an effort to provide Also contained in section 3(B) is a from Texas (Mr. FROST) and the gen- more realistic estimates of tax meas- separate order providing for the lim- tleman from California (Mr. COX), and ures, section 2(J) requires the Com- ited number of exemptions to clause it reviewed the rules and procedures of mittee on Ways and Means to include 5(d) of rule 10 regarding a limitation on the House to ensure that the appro- in reports on measures amending the the number of subcommittees a com- priate institutional and mechanisms Internal Revenue Code of 1986 an anal- mittee may establish. This resolution were in place to respond to a cata- ysis by the Joint Tax Committee on grants the Committee on Armed Serv- strophic event. the macroeconomic impact of such leg- ices, the Committee on International The first provision amends rule 1, islation. This is something also known, Relations, and the Committee on clause 8(b) to require the Speaker to Mr. Speaker, as dynamic scoring. Transportation and Infrastructure up provide to the Clerk of the House a list Mr. Speaker, section 2(O) of the reso- to six subcommittees each. of Members in the order in which each lution expands the application of Mr. Speaker, recognizing that it shall act as Speaker pro tempore in the clause 5(a) of rule 21 to include as a tax takes time for committees to organize case of a vacancy in the office of or tariff measure a floor amendment and report legislation at the beginning Speaker. limiting funds in a general appropria- of a new Congress, section 3(D) pro- Section 2(C) provides new recess and tion bill for the administration of a tax vides that during the first session of convening authorities to the Speaker or tariff. The intent of this rules this 108th Congress motions to suspend in the event of an imminent threat to change is to ease the burden on the the rules shall be in order on Wednes- the safety of the House by amending maker of a point of order from having days from the beginning of the Con- clause 12 of rule 1. to show a necessary, certain and inevi- gress through the second Wednesday in Finally, Mr. Speaker, section 2(L) table change in revenue collections, April, as though under clause 1 of rule codifies the practice of adjusting the tax statuses, or liability as previous 15. whole number of the House upon the precedents required, to one of showing Mr. Speaker, section 4 of the resolu- death, resignation, expulsion, disquali- a textual relationship between the tion is very important and significant, fication, or removal of a Member in amendment and the administration of and is aimed at ensuring effective over- rule 20, clause 5. the Internal Revenue or tariff laws. sight of a crucial national priority, and In the 107th Congress, rule 18 was The resolution amends clause 7(c)(1) that is what was discussed in the amended to allow the Chairman of the of rule 22 to permit further motions to Speaker’s address to us; namely, home- Committee of the Whole to postpone a instruct during conference to be of- land security. The security threats to request for a recorded vote on any fered after 20 calendar days, but not our Nation are real and dangerous. amendment. This procedure has been less than 10 legislative days. While con- Every branch of government, including very helpful, as my colleagues know, tinuing to afford a Member a timely the Congress, must be an integral part Mr. Speaker, in improving the manage- opportunity to offer a further motion of the homeland security effort. ment of the floor and in dealing with to instruct, the modification in section In that regard, section 4 of the reso- the challenges of our legislative sched- 2(P) provides a more realistic time- lution establishes a Select Committee ule. In an effort to provide committees table, especially when a conference ex- on Homeland Security for the 108th with similar management flexibility, tends over a lengthy recess and is un- Congress with both legislative and section 2(G) proposes to amend rule 11, able to meet. oversight responsibilities.

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.017 H07PT1 H12 CONGRESSIONAL RECORD — HOUSE January 7, 2003 The select committee would have staff with Floor responsibilities access to the teen-minute vote is expanded to include all legislative jurisdiction over matters House Floor is codified. [Rule IV, clause succeeding votes provided no other business that relate to the Homeland Security 2(a)(7)] intervenes and notice of possible five-minute (e) Rules Member on Budget Committee. voting is given. This change is technical in Act of 2002, Public Law 107–296. As the The Committee on the Budget shall include nature. [Rule XX, clause 9] Act is the organic statute creating the one member of the Committee on Rules. (o) Prohibition on limitation amendments new Department of Homeland Security, Codifies action taken in the 108th Republican for the administration of taxes and tariffs it is anticipated that the select com- Conference organizational meeting requiring and on measures restricting imports. Ex- mittee would be the committee of ju- that one Member of the Rules Committee pands the application of clause 5(a) of rule risdiction over bills dealing with the serve on the Budget Committee. [Rule X, XXI to include as a tax or tariff measure a new Department. clause 5(a)(2)] floor amendment limiting funds in a general appropriation bill for the administration of a Further, the select committee would (f) Associate and professional staff. This change clarified that the professional staff of tax or tariff. [Rule XXI, clause 5(a)] have jurisdiction over legislation the Appropriations Committee shall comply (p) Motions to instruct during conference. amending the Act such as a bill mak- with the same rules regarding their duties as Permits further motions to instruct to be of- ing technical corrections to that Act. the professional staff of all other House com- fered after 20 calendar days, but not less In addition to the committee of pri- mittees. Further clarifies that the associate than 10 legislative days. [Rule XXII, clause mary jurisdiction, the Speaker would or shared staff of the Appropriations Com- 7(c)(1)] have the authority to refer bills to the mittee are not subject to the review of the (q) Fiduciary relationship exemption for Committee on House Administration in con- physicians. Redefines a fiduciary relation- select committee as an additional com- ship as not including ‘‘the practice of medi- mittee, either initially or sequentially. nection with the reporting of committee ex- pense resolutions. This change is technical cine,’’ thereby allowing dentists and physi- Otherwise, the existing jurisdictional in nature [Rules X, clause 9(b)] cians to earn outside income up to $22,500. rules of the House would continue to (g) Postponing votes in committee. Com- [Rule XXV, clause 2] apply during the 108th Congress. mittees may adopt a rule which allows the (r) Perishable food as gift. Provides that The select committee would have chairman of a committee or subcommittee the value of perishable food sent as a gift to oversight responsibility over laws, pro- to postpone votes on approving a measure or an office shall be allocated among the individual receipts and not to the Member. [Rule grams, and government activities re- matter or on adopting an amendment and to resume proceedings on a postponed question XXV, clause 5(a)(1)(B)] lating to homeland security and is in- (s) Gift ban exemption for charity travel. tended to serve as the primary coordi- at any time after reasonable notice. An underlying proposition shall remain subject to Clarifies the gift ban to allow Members to be nating committee of the House. further debate or amendment to the same ex- reimbursed for travel and lodging expenses Mr. Speaker, until the new Depart- tent as when the question was postponed. by a charity organization, in cases where the ment of Homeland Security is up and [Rule XI, clause 2(h)] net proceeds of the event go to a qualified running, it is difficult to predict how (h) Incorporation of H. Res. 168 (105th) in charity, and the invitation is issued by the clause 3 of Rule XI ‘‘(Committee on Stand- charity. [Rule XXV, clause 5(a)(4)(C)] best to reflect legislative oversight and (t) Statutory limit on public debt. (rein- ards of Official Conduct).’’ Over the last two authorization functions for the Depart- state ‘‘Gephardt Rule’’, former Rule XXIII of consecutive Congresses the Committee on ment in the House. Furthermore, dur- the 106th Congress.) Provides for automatic Standards of Official Conduct’s operating ing this transitional period, it is cru- House passage of joint resolution increasing procedure has been carried over as a separate the statutory limit on the public debt when cial that the White House and the new order referencing a resolution adopted by the the House agrees to a budget resolution that Department’s leadership have a central 105th Congress. This modification codifies requires such an increase. The amount of the point of contact with the House. This the aforementioned operating procedures. increase in the joint resolution conforms to new select committee will provide this [Rule XII, clause 2(c)(1)] the level established in the budget resolu- interim capacity. It will also conduct a (i) Joint referral. Joint referral of measures without designation of primary jurisdiction. The final House vote on the budget res- study of the operation of the rules of olution shall be deemed the vote on the joint the House, including possible changes tion will be permitted under ‘exceptional circumstances.’ Under this designation, the resolution. [New Rule XXVII, former Rule in committee jurisdiction with respect Speaker may designate more than one com- XXVII redesignated as Rule XXVIII] (u) Technical corrections. Technical and to homeland security. Those rec- mittee as though primary. [Rule XII, clause grammatical changes are made throughout ommendations would be submitted to 2(c)(1)] the Committee on Rules by September (j) Require dynamic scoring in Ways & the rules of the rules of the House, including those correcting changes that were made as 30, 2004. Means reports. The Committee on Ways and Means is required to include in reports on a result of the recodification of the House At this point, Mr. Speaker, I would rules. ECORD measures amending the Internal Revenue like to include for the R a more SECTION 3. SEPARATE ORDERS detailed, section-by-section summary Code of 1986 an analysis by the Joint Tax Committee on the macroeconomic impact of (a)(1)–(a)(3) Continuation of budget en- of H. Res. 5, as well as other relevant such legislation. The committee is not re- forcement mechanisms from the 107th. This material. quired to include such analysis if the Joint order clarifies that section 306 of the Budget SECTION-BY-SECTION SUMMARY Tax Committee certifies that such analysis Act (prohibiting consideration of legislation SECTION 1. RESOLVED CLAUSE is not calculable. In addition, the chairman within the Budget Committee’s jurisdiction, unless reported by the Budget Committee) The rules of the House of Representatives of the Ways & Means Committee may satisfy only applies to bills and joint resolutions for the 107th Congress are adopted as the this requirement by inserting such analysis and not to simple and concurrent resolu- rules of the House for the 108th Congress in the Congressional Record prior to the tions. It also makes a Section 303 point of with amendments as provided in section 2, bill’s consideration on the floor. [Rule XIII, order (requiring adoption of budget resolu- and with other orders provided in sections 3 clause 3(h)] (k) Personal electronic equipment on the tion before consideration of budget-related and 4. Floor. This provision modernizes the rules of legislation) applicable to text made in order SECTION 2. CHANGES IN STANDING RULES the House to prohibit only the use of wire- as original bill by a special rule. Specified or (a) Speaker succession. The Speaker is re- less telephones and personal computers on minimum levels of compensation will not be quired to submit to the Clerk of the House a the House floor, thereby permitting the use considered as providing new entitlement au- list of Members to succeed the Speaker in of unobtrusive handheld electronic devices. thority. the event of a vacancy in the office of the [Rule XVII, clause 5] (a)(4) Continuation of budget ‘‘deeming’’ Speaker until the House reconvenes in order (l) Accounting for vacancies. The practice resolution from the 2nd Session of the 107th to elect a new Speaker. [Rule I, clause 8(b)] of adjusting the whole number of the House Congress. This order establishes that the (b) Repeal of Speaker term limit. This pro- in the case of vacancies in the membership is provisions of House Concurrent Resolution vision strikes Clause 9 of Rule 1, which lim- codified. [Rule XX, clause 5] 353 as adopted by the House in the 107th Con- its a Member to no more than 4 consecutive (m) Proceedings during call of House. This gress, shall have effect in the 108th Congress terms as Speaker. [Rule I, clause 9] change clarifies that a motion to adjourn re- until such time as a conference report estab- (c) Declaration of emergency recess. The tains its normal privilege and is in order dur- lishing a budget for the fiscal year 2004 is Speaker may, when notified of an imminent ing a call of the House under clause 6 of rule adopted. threat to the House’s safety, declare an XX. The former language of the rule could be (b) Extra subcommittees for Armed Serv- emergency recess subject to the call of the interpreted to five the Speaker the discre- ices, International Relations, and Transpor- Chair. Allows the Speaker to accelerate or tion to entertain such motion. This change tation & Infrastructure. A waiver of Rule X, postpone the reconvening of the House in the is technical in nature. [Rule XX, clause 6(c)] clause 5(d), is granted for International Rela- event of an emergency. [Rule I, clause 12] (n) Five-minute voting in series. The tions, Transportation & Infrastructure, and (d) Clarification of staff access to House Speaker’s authority to reduce the minimum Armed Services for 6 subcommittees in the Floor. The practice of allowing leadership time for electronic voting following a fif- 108th Congress.

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.019 H07PT1 January 7, 2003 CONGRESSIONAL RECORD — HOUSE H13 (e) Numbering of bills. In the 108th Con- record of stifling dissent, as more than dynamic scoring, a method- gress, the first 10 numbers for bills (H.R. 1 counterintuitive to the notion of the ology that has been discounted and through H.R. 10) shall be reserved for assign- democratic process. We see some of outright dismissed by any economist ment by the Speaker to such bills as he may these changes as fig leaves or, as my worth his or her salt, including the designate when introduced during the first session. good friend the gentleman from Wis- chairman of the Federal Reserve. (d) Wednesday suspension day. During the consin (Mr. OBEY) is often heard to say, As Chairman Greenspan has said first session of the 108th Congress, motions giving Members a chance to pose for about dynamic scoring: ‘‘The analyt- to suspend the rules shall be in order on holy pictures. We see some of these ical tools required to achieve it are de- Wednesdays through the second Wednesday changes as attempts to cover up what ficient . . . no model currently in use in April. is really happening in terms of the Fed- can predict macroeconomic effects SECTION 4. SELECT COMMITTEE ON HOMELAND eral budget, both on the spending and without substantial ad hoc adjust- SECURITY tax sides. And finally, we see some of ments that effectively override the in- This section establishes the Select Com- these changes as allowing Members to ternal structure of the model.’’ In mittee on Homeland Security for the 108th other words, Mr. Speaker, it does not Congress. It establishes that the Select Com- skirt the intent of the ethics rules in mittee will have legislative jurisdiction to this body, something that only sullies work, an example of what President develop recommendations and report to the the reputation of an honorable institu- Bush had called ‘‘fuzzy math.’’ House by bill or otherwise on such matters tion. Yet, the Republican majority persists that relates to the Homeland Security Act of For example, the majority took great in believing that this bogus economic 12002 (P.L. 107–296). pains in 1995 to abolish the practice of analysis of tax policy is real and reli- Mr. Speaker, I reserve the balance of proxy voting. I am not here to pass able. But I would contend the only real my time. judgment on that old practice. I can thing that is real and reliable about Mr. FROST. Mr. Speaker, I yield my- only say that the Republican majority dynamic scoring is that it will serve as self such time as I may consume. condemned Democrats when we held a cover-up for the true impact of the Mr. Speaker, we all remember how the majority for allowing Members to losses of revenue to the Federal Treas- partisan, divisive and, most impor- vote by proxy in committee. However, ury generated by tax cuts endorsed by tantly, unproductive the last Congress the Republican majority has encoun- this White House and the Republican was. Despite the President’s campaign tered some of the same problems that majority. My motion to commit will promise to change the tone in Wash- made proxy voting a useful tool for delete this provision from the package ington, nothing really changed in the committees to get their work done. Be- of the rules of the 108th Congress. way Republicans ran the House of Rep- cause the Republican majority has re- Motions to instruct conferees have resentatives. In fact, over the past 2 fused to negotiate committee ratios been successfully used by Democrats years, the Republican majority had a that accurately reflect and fairly re- and, may I add, by the Republicans well-established and easily documented flect the numbers in this body, their when they were in the minority, to track record of denying the minority a Members have been spread too thin and fight for important issues like aviation voice in proceedings and deliberations oftentimes must choose between one security when otherwise denied that of the House, and that, unfortunately, committee’s proceedings and another. ability by the Republican majority. Be- played a large role in the failure of the cause Democratic Members are far too 1445 Republican Congress to address Amer- b often shut out of the deliberative proc- ica’s critical concerns, from the econ- Consequently, there have been a ess when a bill reaches the floor, a mo- omy and homeland security to health number of markups held where Demo- tion to instruct is sometimes the only care and retirement security. crats have been able to pass amend- way a Member might be able to bring But, in the spirit of the new year, Mr. ments because some Republicans have an issue up for discussion. But the Re- Speaker, Democrats came to the floor voted for those amendments and be- publican majority, who did not seem today hoping that Republicans might cause other Republican Members have particularly anxious to do much work turn over a new leaf, that they might been absent. The majority has decided in Washington in the past 2 years, con- agree to a rules package to operate the that the best way to deal with those siders these attempts to open the dis- House as a deliberate, democratic in- rare occasions in which Democrats ac- cussion in the House as a nuisance, stitution in which all points of view tually win a vote is to ensure that rather than as a means to bring democ- have a right to be heard. Unfortu- votes cannot be taken until the Chair racy back to the institution. nately, the package before us only of the full committee or a sub- So Republicans have an amendment makes things worse, making changes committee has all the votes in the in this package that further restricts that only assure that the voice of the room, somewhat akin to proxy voting. the right of any Member, Republican or minority will be heard less and less. This change proposed by the major- Democrat, to offer a motion to instruct For that reason, I rise in opposition to ity would allow those Chairs to post- by requiring that in addition to the 20 H. Res. 5. I will offer a motion to com- pone indefinitely votes on ordered calendar days from the time a con- mit at the end of this debate, and I questions. There is no definition in the ference is appointed, 10 legislative days urge every Member of this body who rule about when votes must be called must elapse. The new rule is so loosely believes that all of the American peo- by, and there is no definition in the drafted that it is questionable whether ple have a right to be heard and a right rule for what constitutes reasonable those 20 calendar days and 10 legisla- to participate in a democratic, small notice. tive days run concurrently or not. Ei- ‘‘d’’, institution to vote for it. Frankly, Mr. Speaker, this rule is a ther way, since this body is in session Mr. Speaker, this is not the Polit- recipe for autocracy in the committees so seldom, 10 legislative days would fill buro; this is the United States House of of this body. My motion to commit will up an entire month, further delaying Representatives. It is high time that delete this provision from the package the ability of Members to bring up le- the majority remembered that very of the rules for the 108th Congress. gitimate issues relating to those bills clear distinction. We are not here to Secondly, the Republican majority submitted to conference. raise our hands in unison; we are here seems intent on cooking the Federal Mr. Speaker, this provision is such a to debate what is in the best interests budgetary books in so many ways that blatant slap in the face of the demo- of this country, and there are many a new recipe was sure to find its way cratic process in the House of Rep- differing views in this body about how into this package, and so it has. The resentatives, the Republican majority to achieve that end. Those views majority has now included a rule pro- should hang its collective head. For should and must be heard. viding that no tax bill may be consid- that reason, my motion to commit will Mr. Speaker, I would like to take a ered unless the Joint Committee on strike this amendment from the rules few minutes to explain why I and the Taxation has included an analysis in package. Democratic Caucus oppose these rules the report accompanying that bill on Mr. Speaker, since I have been in changes proposed by the Republican the macroeconomic impact of such leg- Congress, I have had the opportunity majority. As I said, we see these islation. And just what is the macro- to serve on two special committees cre- changes, along with the majority’s economic impact? Why, it is nothing ated for the purpose of revising and

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A07JA7.009 H07PT1 H14 CONGRESSIONAL RECORD — HOUSE January 7, 2003 strengthening our ethics rules and reg- amendments, and staying out of town manner in which the Republican lead- ulations. The Republican majority as much as possible, this package con- ership has gone about creating a Select made much of past abuses in this body, tains a separate order that will make Committee on Homeland Security. in spite of the fact that Members on Wednesday a suspension day through This provision was added last night both sides of the aisle were caught in the second Wednesday in April. Now, with no consultation with the minor- these situations. Yet, now the Repub- this order will certainly cut down on ity, and we believe that is no way to licans believe they have such a safe and the work of the Committee on Rules, begin a new Congress when the issue of secure majority for the foreseeable fu- since one of our best work products has homeland security is one that does not ture, they want to undo some of the been a rule making Wednesday a sus- belong to either party. We are all significant strides that were made by pension day. But Democrats believe Americans here, and we should be in- these two special committees. that far too many bills are considered volved in the deliberations surrounding The Republican majority has opened under suspension already and that the the provisions of the Homeland Secu- a proverbial can of worms by including House is thus denied the opportunity rity Act. several items in their package. The to fully debate and amend legislation. Mr. Speaker, I know our motion to first might be called the ‘‘pizza rule.’’ In my motion to commit, this provi- commit will not pass today; but I do Because some outsiders like to provide sion would be stricken; but we have believe it is important that we talk large quantities of free food and drink also included language that calls on about these issues, because in the long to Members’ offices night after night, the Republican majority to bring up run it is for the good of the institution. this new Republican provision would fewer, rather than more, bills on sus- I am proud to serve here, and I am carve out an exception to the gift rule. pension, and that no bill should be con- proud to represent the people of my We also have the ‘‘I have a second job sidered on suspension if it authorizes congressional district. I think that I, and I want to get paid for it’’ rule. or makes appropriations in excess of along with every other Member of this Members are currently prohibited from $100 million. There is ample time in our body, should be able to fully partici- acting in certain fiduciary capacities calendar to spend on the floor debating pate in the process of making laws, set- and thus are not allowed to receive legislation. We should not be institu- ting policy, and determining the course compensation for practicing a profes- tionalizing shortened weekdays and of this Nation in the years to come. sion that offers services involving a fi- cutting off debate. While I recognize that he with the duciary relationship. We have also included in the Demo- most votes wins, I also know that if Mr. Speaker, no matter how worthy a cratic motion to commit language call- someone has the most votes, they profession might be, why should we ing on the Republican leadership to en- should not fear an opposing point of create a special exemption in the rules sure that the minority party will be view. For too long the Republican for the practice of medicine? If we do it able to fully participate in the legisla- Party has seemed, through their words for one, why not everyone? I think this tive process. We have recommended and actions, to fear dissent among House would be far better served if we that they strive to ensure that five their own ranks, as well as the oppos- ‘‘good government’’ ideas are followed just kept the rule the way it is now. ing view that may be held by the mi- in the House. For these reasons, my motion to nority. We are a democracy; and we First, so that Members might know commit will strike the provisions in should never forget that, for in a de- the rules package that relate to ethics what they are voting on when they vote, we call on the Republican leader- mocracy the rights of the minority are rules. protected while at the same time ad- My motion to commit also strikes ship to ensure that Members have conference reports available to them 3 cal- vancing the will of the majority. I hope two separate orders contained in sec- my Republican colleagues will remem- tion 3 of the resolution. The first provi- endar days before such a conference report is considered in the House; and at ber that in the 108th Congress. sion I will seek to strike establishes Mr. Speaker, I reserve the balance of the budget resolution adopted by the the very least, at a bare minimum, no conference report should come to the my time. House in the second session of the 107th floor unless every Member has had 24 Mr. DREIER. Mr. Speaker, I yield Congress as in effect in this Congress hours to review it; not exactly a revo- myself such time as I may consume. until such time as a conference report I was inclined early on to believe lutionary concept. establishing a budget for fiscal year Second, we asked the Republican that my friend, the gentleman from 2004 is passed. leadership to reduce the number of Texas (Mr. FROST), might be supportive Mr. Speaker, my Republican col- waivers contained in rules reported of our package; but I have now come to leagues will say this will merely allow from the Committee on Rules. This is the conclusion that he would at best be the House to finish work on the appro- especially important in the consider- undecided on our package, and he has priations bills for fiscal year 2003. Per- ation of bills that have been reported raised a number of questions. haps we should have done that in the and that go straight to the floor. Many I believe that I should say that we 107th Congress rather than waiting to times, even members of the committee clearly plan to work in the area of do it in the 108th Congress, with budget of jurisdiction are not sure if the bill homeland security with my friend, the numbers outdated and unrealistic that comes to the floor is the same bill gentleman from Texas, and other mem- given the current economic cir- that was reported, and it would only bers of the minority in addressing cumstances. enhance the legislative process and de- issues of concern when we proceed with In addition, the appropriations num- mocracy if Members had adequate time this very important work. We want to ber in the House-passed budget resolu- to review legislation. work in a bipartisan way; and I happen tion of the 107th Congress is $749 bil- Third, we call on the Republican to believe that this package which we lion; yet, the Republican leadership has leadership to allow the House to debate have come forth with will, as I said, in- agreed with the White House on budget and amend legislation by reducing the crease the accountability and delibera- numbers exceeding that figure. In addi- number of important bills that are con- tive nature of the institution. I would tion, the budget resolution of the sec- sidered on the suspension calendar. hope that we could have both Demo- ond session of last Congress maintains In that regard, we are, fourthly, ask- crats and Republicans supporting it. highway numbers that are also out- ing that the majority ensure that more Mr. Speaker, I reserve the balance of dated and which, frankly, are not good alternatives and substitutes be allowed my time. policy. For example, those numbers in rules adopted by the Committee on Ms. SLAUGHTER. Mr. Speaker, I will not allow for increased highway Rules. yield 2 minutes to the gentleman from construction money that might be pru- Finally, we ask the Republican lead- Texas (Mr. STENHOLM). dently spent throughout the country to ership to allow more legislation to be (Mr. STENHOLM asked and was create jobs and restore crumbling in- considered on the floor under open given permission to revise and extend frastructure. rules so that more Democrats may his remarks.) Secondly, in furtherance of the Re- offer amendments. Mr. STENHOLM. Mr. Speaker, I rise publican majority’s agenda to stifle de- Finally, Mr. Speaker, Democrats in opposition to the rules package be- bate by cutting debate, cutting off must raise strong objections to the fore us today. While it contains several

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.021 H07PT1 January 7, 2003 CONGRESSIONAL RECORD — HOUSE H15 items which I support, particularly the (Mr. OBERSTAR asked and was given of those committees. And the expertise deeming resolution setting spending permission to revise and extend his re- that the gentleman offered on this very limits for the unfinished appropriation marks.) important issue, and I remember his bills, the package contains two items Mr. OBERSTAR. Mr. Speaker, the testimony upstairs in the Committee which tilt the rules in favor of policies proposal to create a new Select Com- on Rules on this, it will be very valu- which will more easily send our Nation mittee on Homeland Security interest- able as this issue is addressed. And it is further into red ink. I would ask the ingly does not make any changes in the quite possible that the gentleman may majority to reconsider both of these legislative jurisdiction of the commit- or a member of his committee may be proposals. tees outlined in rule 10 of the rules of a member of the Select Committee on One of the reforms the majority the House. For instance, in the Com- Homeland Security. So I can assure the made with great fanfare as part of the mittee on Transportation and Infra- gentleman that we are going to do ev- Contract with America in 1995 was re- structure we have handled complex erything possible to keep the expertise peal of the Gephardt rule, which would aviation security issues for 28 years. that is out there involved in this proc- spin off separate legislation increasing We have held dozens of hearings, classi- ess. the debt limit upon passage of the debt fied briefings on aviation security. We Mr. Speaker, I thank my friend for resolution without a separate vote or have monitored security at U.S. and yielding. opportunity for debate on the amend- foreign airports. We have passed land- Ms. SLAUGHTER. Mr. Speaker, I ments. mark legislation like the Aviation Se- yield 2 minutes to the gentleman from Now that our national debt is grow- curity Improvement Act of 1990 in re- Ohio (Mr. KUCINICH). ing at a record pace under their poli- sponse to the terrorism attack on Pan Mr. KUCINICH. Mr. Speaker, last fall cies, less than 6 months ago the admin- Am 103, and in the aftermath of the it took weeks for the Members of the istration asked us to increase the debt September 11, the Aviation and Trans- House, the press and the public to fig- ceiling by $400 billion; Christmas Eve, portation Security Act of 2001. We have ure out who inserted a special interest the administration is asking us to in- a great body of expertise on aviation provision in the homeland security bill crease the debt ceiling again to $6.4 security issues and the legislation to to exempt Eli Lilly and other manufac- trillion. improve security. turers of thimerosal. We did not know The majority now, under their rules Now, I am puzzled that a moment ago the provision was in the bill before we package, has decided that greater open- the Speaker said the ‘‘select com- voted on it. After it was found we could ness and accountability regarding our mittee will be our eyes and ears of the not figure out how it got there. Now national debt perhaps is not such a House. The standing committees will that is no way to make law. good thing after all. I ask Members to maintain their jurisdictions and will This is why I am supporting the mo- reconsider that. Just as credit card still have authorization and oversight tion to commit which would mandate spending limits serve as tools to force responsibilities.’’ that conference reports are made avail- families to examine their household Now I take that to mean that noth- able to Members at least 24 hours be- budgets, the statutory debt limit re- ing in the package would deprive the fore a vote. This requirement would minds our Nation to more closely House of the American people of the not be permitted to be waived. evaluate taxing and spending policies. expertise of the committee and the Members of this body deserve to Reviving the Gephardt rule will allow members and staff of the Committee on know what they are voting on. The Members to avoid taking responsibility Transportation and Infrastructure. But practice of sneaking in unrelated pro- for paying the bills we incur by our it is not clear, the legislative proposal visions in thick conference reports in votes. on the select committee includes the dead of night is unacceptable. The Now, the implementation of dynamic reason it is done is to cause Members scoring also should raise a red flag to ‘‘matters that relate to the Homeland who normally would not support a pro- those who call themselves conservative Security Act of 2002.’’ vision to do so by burying it in a con- in this body. Under the logic of those As I read the proposal, the new com- ference report at the last minute when advocating dynamic scoring, the tax mittee would not have primary juris- there is little chance for it to be found. cut we passed last year should have re- diction over legislation involving programs administered by the Department The thimerosal exception that was sulted in greater surpluses than was slipped into the Homeland Security bill being projected last spring. We can dis- of Homeland Security. The explanation offered a moment ago by the distin- is a prime example. The thimerosal ex- agree about the extent the tax cut con- emption was a big Christmas gift to Eli tributed to the return of the deficit, guished chairman of the Committee on Rules does not clarify that jurisdic- Lilly and other thimerosal manufac- but it is clear that it did not have a dy- turers. In the last election cycle is it namic effect on producing higher sur- tional question. Now, let me pose an issue. Title 14 of any surprise that Eli Lilly was one of pluses and revenues. the top pharmaceutical contributors, The conservative approach, to me, is the Homeland Security Act, entitled giving $1.6 million? In return, they got to be conservative in budget projec- Arming Pilots Against Terrorism, es- a thimerosal exception that they have tions. If we err on the side of being con- tablishes a program to deputize airline been lobbying for all year. Eli Lilly’s servative and cautious, Congress can pilots as Federal law enforcement offi- first attempt was last spring when it easily deal with the problem of having cers and enables them to carry fire- placed the exemption in the com- more money than was projected. But arms on board a plane. That provision prehensive bill, but since the bill did when we err on the side of being too op- was based upon a bill developed in our not get anywhere in the Subcommittee timistic, we have a much greater chal- committee which passed the House. on Health, it switched tactics to get lenge in dealing with fiscal problems The question is, if a new bill were in- the exemption in Homeland Security. such as those before us now. troduced to repeal that rule, would The exemption effectively shields Eli We are paying the price today for ig- that bill be primarily referred to the Lilly from all lawsuits from claimants noring the warnings of experts in the Committee on Transportation and In- injured by thimerosal. One of the con- past. We should not ignore the warn- frastructure or to the Committee on cerns being expressed is that there is a ings of those that say changing to dy- Homeland Security? I would ask the possible link between thimerosal and namic scoring will contribute to fur- gentleman that. Would the gentleman autism. The exemption even closed the ther problems of the deficit and debt of respond? door on litigation that was ongoing at this country. Mr. DREIER. Mr. Speaker, will the Vote ‘‘no’’ on the rules changes; vote gentleman yield? the time the legislation was passed. It ‘‘yes’’ on cutting the interest taxes on Mr. OBERSTAR. I yield to the gen- is time to open the conference process the American people. tleman from California. and stop the back room political ma- Mr. DREIER. Mr. Speaker, let me neuvers that lead to secret provisions. b 1500 just say that it is very clear that the We must stop the abuses of the con- Ms. SLAUGHTER. Mr. Speaker, I Speaker does have authority to refer gressional process. We must allow yield 21⁄2 minutes to the gentleman legislation, and it is his intent to en- Members to know what they are voting from Minnesota (Mr. OBERSTAR). sure that we maintain the jurisdiction on. Support the motion to commit.

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.023 H07PT1 H16 CONGRESSIONAL RECORD — HOUSE January 7, 2003 Ms. SLAUGHTER. Mr. Speaker, I tion of democracy in the U.S. House of (Mr. SHERMAN asked and was given yield 3 minutes to the gentleman from Representatives, very few people are permission to revise and extend his re- Massachusetts (Mr. FRANK). here to cover it. So I guess they will marks.) Mr. FRANK of Massachusetts. Mr. once again get away with it. But the Mr. SHERMAN. Mr. Speaker, I thank Speaker, this rules package is a very consequence will be very clear. The ex- the gentlewoman for yielding me time. important continuation of the major- tent to which there is now rational de- Mr. Speaker, I rise to address section ity’s effort to shut down democratic bate and openness in the committees 2(J) of these rules providing for dy- debate. The ranking minority member will be substantially diminished. namic scoring of tax bills. I thought spoke about this rule allowing the The Republican leadership is appar- the Arthur Andersen accounting firm chairs of committees to roll votes. Ba- ently willing obediently to vote for had been dissolved. Instead it is being sically what it represents is a willing- this rules package, although I am told moved wholesale into the Committee ness of the Republican Members to roll that many of them objected to parts of on Ways and Means and the Joint Com- over, to beg, to sit up and do whatever it, to give once again their right to mittee on Taxation. their leadership tells them, because make decisions to their leadership. With dynamic scoring, every tax cut what this does is degrade the possi- Ms. SLAUGHTER. Mr. Speaker, I for the wealthy can be scored as mak- bility of democratic debate in commit- yield 2 minutes to the gentleman from ing money for the Treasury. The first tees. Kansas (Mr. MOORE). President George Bush described this People not familiar with the jargon (Mr. MOORE asked and was given as voodoo economics, while the advi- probably do not fully understand what permission to revise and extend his re- sors unfortunately of the current is being proposed. You will go to a marks.) President seem nostalgic for supply- committee session, a markup as we Mr. MOORE. Mr. Speaker, I rise in side trickle down economics. call them, and vote on the legislation, opposition to the House rules package The proof that dynamic scoring and you will offer an amendment to try the majority is proposing for the 108th makes no sense is that dynamic scor- to change things. Under these rules Congress. ing is provided in these rules for money The majority has turned its back on you may very well not know whether spent to improve our economy. So if we fiscal responsibility by attempting to your amendment has won or lost. were to spend $100 billion over 10 years hide large future increases in our na- There will be a debate on the amend- improving vocational education, vir- tional debt by reinstating the so-called ment and the Chair of that committee tually every economist would agree ‘‘Gephardt Rule.’’ This rules change can then postpone the voting on that that that will at least help our econ- will allow the House to avoid a sepa- amendment until the end of that ses- omy, maybe will help our economy to rate vote on the debt limit, preventing the point where the tax revenues out- sion. And what do you do if you have full and open debate on a policy with offered an amendment that might be long-term consequences to our Nation’s weigh the expenditures. And yet there somewhat controversial that has a fiscal health. is no recognition of the fact that chance to pass? What do you do if you Last June, Mr. Speaker, we had a full spending money on education produces could have passed the amendment if debate as Congress raised the limit on money eventually for our Treasury. you have made a slight change? How do the debt by $450 billion. I opposed this In contrast, if we were to spend $100 you then decide what to do next? Obvi- increase because the House failed at billion over 10 years by giving tax ously there is no way you can have a that time to reevaluate the policies breaks to the wealthiest Americans, rational debate in a committee if, hav- that required us to increase the statu- some economists would say the cost of ing offered an amendment, you cannot tory limit on debt in the first place. the Treasury exceeds $100 billion be- tell whether or not that amendment But at least, at least we had a debate. cause it will have an adverse impact on has passed or not. An increase in the debt limit should our economy, drive up interest rates, So what this does is simply ratify the require action by Congress and the et cetera. And yet instead we will no Republican approach, which is all President to put the fiscal house back doubt get a dynamic score that says power is lodged in whatever leadership in order. But now the majority party is tax cuts do not cost the Treasury any is in charge at the particular moment resorting to the tactics that they op- money but spending on education, oh, and the Members are to be excused posed just last year. They are attempt- that costs. from the irritation of having to think ing to hide votes to increase the na- That is why Alan Greenspan told us about it. When the majority came to tional debt by reviving this rule. that unfortunately the analytical tools power in 1995 they wanted to give it a The majority will eagerly support required to achieve dynamic scoring proxy. They said the problem with the President’s proposal to be unveiled are deficient. Accordingly, we should proxy voting is that people vote with- today which will add more than $600 be especially cautious about adopting out listening to the debate. They are billion to the debt over the next 10 technical scoring procedures that not there. They vote by proxy. So they years. They should be willing to stand might be susceptible to overly opti- have now come up with a proposal that up and be counted when the time mistic assessments. has all of the abuses of proxies and comes to pay the bill by raising the In summary, the currently relatively none of the efficiencies. At least prox- debt limit. The new proposed rule will straightforward scoring has served us ies allowed you to determine an issue allow the majority to avoid taking re- well. I think Mr. Greenspan is correct. one at a time. sponsibility for paying our bills. The Ms. SLAUGHTER. Mr. Speaker, I What will happen is you will go to a majority’s rule will impose a new tax, yield 21⁄2 minutes, the remainder of my committee meeting. Members will not a debt tax, a tax equal to the interest time, to the gentleman from Mis- be there. They will troop in obediently payments on our $6.2 trillion national sissippi (Mr. TAYLOR). at the end and vote as the Chair tells debt, a tax that cannot be repealed. Mr. TAYLOR of Mississippi. Mr. them, and it will have destroyed the Mr. Speaker, I urge my colleagues to Speaker, we are barely 3 hours into possibility of debate earlier because vote for the motion to recommit and this Congress and the political hedo- you simply cannot logically legislate if oppose the rules package that will re- nists of this Congress have struck their you do not know what the outcome has sult in a new debt tax increase for all first blow. You know hedonism, if it been of these amendments. Americans. feels good do it regardless of the con- Now the majority has succeeded in a Ms. SLAUGHTER. Mr. Speaker, may sequences. number of ways in this House, during I inquire how much time I have re- Well, that is exactly what those peo- my tenure here with their being in con- maining? ple who have voted repeatedly to raise trol, in shutting down debate. I have to The SPEAKER pro tempore (Mr. the debt limit and to stick our children say that sadly they have had an accom- LAHOOD). The gentlewoman from New and our children’s children with our plice in this, the media. We had wide York (Ms. SLAUGHTER) has 41⁄2 minutes bills have done. Now they want to do it coverage in the press gallery of our cer- remaining. even better. emonial oath taking. Now that we are Ms. SLAUGHTER. Mr. Speaker, I One of the few things that controlled dealing with extremely controversial yield 2 minutes to the gentleman from their urge to run up the bill and stick measures that will further the degrada- California (Mr. SHERMAN). our kids with it was at least a law that

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.026 H07PT1 January 7, 2003 CONGRESSIONAL RECORD — HOUSE H17 said we had to vote to raise the debt decades of uninterrupted, one-party been the case in the past, that much of limit. Now they want to do away with control of this institution. that will be done in a bipartisan way. that law. They want a rule that says if If my colleagues look at the reforms We have established this Department they pass a budget we do not have to that we have maintained we initiated of Homeland Security. We do have dy- raise the debt limit. once we became a majority and frankly namic scoring. I know there was con- I would remind them that in the 19 built upon, they do, in fact, increase cern raised about that. It is a very, months since the Bush budget became the accountability and the deliberative very small consideration. The Office of law, that we have stuck our children nature of this Congress. We have items Management and Budget, the Congres- and our children’s children with that are included in this measure sional Budget Office will not be en- $749,529,498,242 worth of new debt. It did which guarantee the minority the right gaged in this; but we will see the Joint not stimulate the economy. It stimu- to offer a motion to recommit on legis- Committee on Taxation doing it. Why? lated the debt. It is political hedonism. lation. Very simply, because we believe that You heard it here first. You are going Mr. Speaker, I had the privilege of behavioral patterns should be taken to hear it a lot. serving for 14 years here in the minor- into consideration when we look at the Just a little while ago the Speaker of ity until in 1994 we won the majority. impact of a tax cut on the flow of reve- the House said, ‘‘We pledge to fight During that period of time, there were nues to the Federal Treasury. those who would endanger our free- numerous occasions when the then-Re- Today, I introduced legislation which dom.’’ Those of you who would bank- publican minority was denied the reduces the top rate on capital gains rupt our Nation will destroy our free- chance to even offer a motion to re- from 20 percent down to 10 percent. I dom. And, therefore, just as the Speak- commit. introduced it perspectively, encour- er pledged to fight those who would en- Something else that we have done aging the American people to once danger our freedom, I pledge to fight that we are very proud of, Mr. Speaker, again invest, to get into the market you tooth and nail on every effort to again focusing on minority rights, has and to invest. What the bill that I have increase the national debt and every ef- been to ensure that one-third of the introduced basically says is that dur- fort to hide the way that you do it. funding level for minority staffing on ing a 2-year period, if people invest and committees is provided to the minor- they hold on to that asset for 1 year, b 1515 ity. Once again, during the 14 years they will be able to see a tremendous The last time we had to have a vote, that I was privileged to serve here in cut, a cut of one-half, from 20 percent it was scheduled for three o’clock in the minority, we saw numerous occa- down to 10 percent and from 10 percent the morning. sions when the then-Republican minor- to 5 percent for those in the 15 percent My dad’s taught me a lot in life; but ity was denied the chance to have even bracket. generally, one of his best rules is any- a modicum of investigative staff on Mr. Speaker, I would argue and I be- thing a person does past midnight, certain committees; and the numbers lieve that every shred of evidence over they are probably not very proud of, were very, very heavily skewed against the past and with the scoring proce- and I am sure my colleagues were not the then-Republican minority. We are dure that we have put into place will proud of the fact that they raised the providing a much higher level of fund- show that the rich pay more in taxes. debt limit. So now my colleagues do ing for the Democratic minority. Why? Because we have often a lock-in not want to have that vote at all. Also, we heard this discussion earlier effect. More than half the American Mr. Speaker, I am opposing these about the issue of proxy voting. The people are members of the investor rule changes; and I would ask every issue of proxy voting had to do with class today. People are invested in Member to do so who believes in ac- committee chairmen arbitrarily uti- markets through 401(k)s, individual re- countability, believes in standing up lizing the proxy of Members who were tirement accounts. They have got some and talking to the citizens and saying, not even in the room, in the building, appreciated assets with real estate yes, I did that and this is the reason quite possibly they were not even in homes and all, and we know that the why or, no, I did not oppose this rule. our Nation’s capital; and yet their market has dropped tremendously, but If my colleagues have come here to votes were being cast on issues that the President’s plan is encouraging hide from the truth, if they have come they may not have even known about. economic growth. here to stick their children and their So we chose to bring an end to proxy We, in the bill that I have just intro- children’s children with their bills, voting. duced in a bipartisan way, are encour- then vote for it. Mr. Speaker, one of the things is that aging economic growth with that as Mr. DREIER. Mr. Speaker, I yield we have learned that we do have a very well; and with economic growth, Mr. myself the balance of the time. narrow majority. It is a little greater Speaker, we are going to see an in- Mr. Speaker, we began today with than in the 107th Congress, I am happy crease in the flow of revenues to the wonderful bipartisan statements that to say; but it is still the second nar- Federal Treasury. That is what the came from both the gentlewoman from rowest in recent times, and we do have scoring procedure that we have put California (Ms. PELOSI), the new minor- the challenge of trying to manage and into place for the Joint Committee on ity leader, and the gentleman from Illi- move very important legislation Taxation will do. It will simply provide nois (Mr. HASTERT), the Speaker, right through this body. that information, making that infor- behind me here in this Chamber; and Mr. Speaker, I believe that we have, mation available. we want to see that spirit continue as a Republican majority, learned from So we have a very fair, balanced today, and obviously we very much some of the actions of the Democratic measure here which again increases the want to have that spirit continue majority; and we went, as I said, for 4 deliberative nature of this institution through this 108th Congress because we decades without being in the majority. and does increase the accountability. have many very serious challenges that We served in the minority. It took us On the issue of the debt limit, every we face as a Nation. time to learn about the process of gov- Member will be accountable because Number one, of course, is our na- erning. We were not able to do that that vote will be cast when we deal tional security and, along with that, overnight, and so I will admit there are with the budget resolution itself. So we homeland security, the challenges some modifications that we have made, are going to see every Member ac- abroad. Right next to that, of course, is and providing the opportunity for com- countable for their votes that they cast focusing on getting this economy mov- mittee chairmen, obviously working, right here. ing, which the President talked about as has been the case in the 107th Con- We have spectacular leadership from earlier today in Chicago; and as we gress and earlier Congresses, with the Speaker HASTERT. This is a measure look at this opening day rules package, minority to roll votes in committee that will allow him to deal with the I am very proud of the fact that it does while guaranteeing Members the op- very serious challenges that our Nation more to focus on the very important portunity to offer second-degree faces in the 108th Congress. issue of minority rights than anything amendments is something that will Mr. DINGELL. Mr. Speaker, I rise in opposi- that was done by my friends on the again enhance the ability to move leg- tion to the House Rules packages being of- other side of the aisle during their 4 islation effectively; and we hope, as has fered today by the majority. Over the previous

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\CR\FM\K07JA7.028 H07PT1 H18 CONGRESSIONAL RECORD — HOUSE January 7, 2003 four Congresses, which have been controlled While some rule changes are technical in a practice we are all used to when we vote in by the Republican party, the House rules be- nature, it appears that the other substantive the House or the Committee of the Whole, came increasingly hostile to the rights of the amendments are designed to make it easier and one that can be easily applied to com- minority. This proposal continues that trend. for my Republican colleagues to plunge our mittee practice. Let there be no misunderstanding—when I Nation further into debt. Not satisfied with It is important to note that nothing in this speak of the rights of the minority I am speak- throwing away the progress made during the rules change will alter committee quorum re- ing of the rights of the 47 percent of all Ameri- Clinton administration, which changed annual quirements, or curtail other parliamentary op- cans who are represented by Democratic and budget deficits to surpluses, the Republicans tions available to the Minority. Ultimately, this Independent Members of Congress. It is their in the last Congress immediately threw the tool will be one of bipartisan convenience, rights which are being abused when their country back into budget deficits while raiding rather than a tool to be used by the Majority Member of Congress is treated unfairly. our Social Security and Medicare trust funds. to impose its will on the Minority. For example, the right of all Members, and While they seemed to take delight in placing I am pleased to see that this proposal is in- particularly the minority, to file its views on more and more tax cuts on the Floor during cluded in the rules package before the House legislation reported by a committee, has been the past Congress, it was a lot more painful today. I especially want to thank the Majority reduced to 2 days. During the 40 years of for them to figure out how to pay for them. So Leader, Mr. DELAY, the speaker, and the Democratic control the minority was always this year they are adopting a host of rules to Chairman of the Rules Committee, the gen- permitted 3 days. hide their budget profligacy. No longer will tleman from California, Mr. DREIER, for their Similarly, committee ratios have been con- they require Members to vote on raising the support of this change. sistently stacked against the minority. For ex- statutory limit on the debt. Now their vote on I believe this is an important provision in an ample, on the Committee on Energy and the budget resolution will automatically raise excellent rules package, and I encourage all of Commerce, during Democratic control the ma- the debt limit. my colleagues to support it. jority representation of the committee was al- Moreover, the rules continue the so-called Mr. DREIER. Mr. Speaker, I yield ways within two percentage points of its ratio ‘‘deeming’’ resolution, which allows the House back the balance of my time, and I in the House, and the difference averaged to pretend it has adopted a binding budget move the previous question on the res- less than one percent. In the past three Con- resolution when in reality, only one House has olution. gresses, under Republican control, the dif- acted. The rules would also require the Ways MOTION TO COMMIT OFFERED BY MS. SLAUGHTER ference was more than 3 percent. In short, the and Means Committee to include so-called Ms. SLAUGHTER. Mr. Speaker, I Republican majority has robbed the Demo- ‘‘dynamic scoring’’ on amendments to the tax offer a motion to commit. cratic minority of seats they deserve in our code. While ‘‘dynamic scoring’’ has no real The SPEAKER pro tempore (Mr. committee. definition, it is generally understood to mean a In the last Congress, the Republican rules LAHOOD). The Clerk will report the mo- way to pretend that a tax cut increase reve- package radically changed the jurisdiction of tion. nues rather than decreasing them. We heard the Energy and Commerce Committee by The Clerk read as follows: all of this same nonsense during the Reagan transferring its jurisdiction over securities and Ms. SLAUGHTER moves to commit the reso- administration and talk about the Laffer curve. insurance to the Committee on Financial Serv- lution H. Res. 5 to the Committee on Rules Ultimately, we saw only greater deficits. with instructions to report the same back to ices. This change was done without a single Mr. Speaker, it is time for my Republican the House forthwith with the following hearing at which Members of the majority or colleagues to stop playing games with the amendments: minority were permitted to present their views, House rules. We must respect the rights of Amend section 2 of the resolution (relating or without a single markup at which minority Democratic Members of this body, and more to changes in standing rules) by striking Members could vote or suggest alternatives. amendments to the Rules of the House of importantly, the rights of the 47 percent of Now the Republican majority is doing the Representatives relating to— Americans who they represent. We must stop same thing with the establishment of a Select (1) postponement of votes in committee; using the House rules to make it easier to Committee on Homeland Security. (2) requirement of dynamic scoring in The majority has not only trampled upon the plunge the Nation into debt, while hiding raids Ways and Means reports; (3) motions to instruct during conference; rights of the minority, but also upon the rights on the Social Security and Medicare trust funds. The Republicans’ procedural thumb on (4) perishable food as a gift; and of individual citizens. For example, Repub- (5) gift ban exemption for charity travel; licans eliminated a longstanding rule of the the scale demeans this institution and reduces its credibility. and House that permitted individuals who were re- (6) fiduciary relationship for physicians. quired to appear before a committee under a Mr. OXLEY. Mr. Speaker, I rise today in Further amend section 2 of the resolution subpoena the right to have television cameras strong support of H. Res. 5, the resolution pro- by adding at the end the following new sub- turned off. The rule had permitted all other viding for the rules for the House for the 108th section: media to cover the hearing, but the rule gave Congress. This is an important package, with (v) COMMITTEE RATIOS.—Clause 5(a)(1) of the witness the right to some level of fairness. important reforms, for both the House and its rule X of the Rules of the House of Rep- In this context, I look with interest every committees. resentatives is amended by adding at the end In particular, I am pleased to see that the the following new sentence: ‘‘The member- year to see what new rules will be adopted in ship of each committee (and each sub- response to the majority’s irritation with the mi- House is prepared to accept my proposal that committees be permitted postpone some votes committee or other subunit thereof) shall re- nority’s invocation of its merger remaining flect the ratio of majority to minority party rights. during markups. As I explained in my testi- members of the House at the beginning of This year there are several interesting mony submitted to the Rules Committee, one the Congress. This requirement shall not changes. Perhaps the most interesting one is of the biggest obstacles I faced during my first apply to the Committee on Rules and the the permission to committees to adopt rules term as Chairman of the Financial Services Committee on Standards of Official Con- allowing the chairman to postpone votes on committee was the limited House schedule, duct.’’. bills and amendments in committee. When my combined with multiple demands for Com- Amend section 3 of the resolution by striking subsection (a)(4) and subsection (d). Republican colleagues took control of the mittee members’ time. When the House is in 1 Amend the resolution by adding at the end House they complained that proxy voting per- session for 2 ⁄2 or 3 days a week, and mem- the following new section: bers routinely have 2 and 3 committee assign- mitted Members to cast votes on matters with- SEC. 5. SENSE OF THE HOUSE. out attending the debate that accompanied the ments, we are faced with a situation where it It is the sense of the House of Representa- matter. It now appears that by permitting votes is next to impossible for authorizing commit- tives that it considers protection of the to be postponed to a time certain, Members tees to do their work. When the committees rights of the minority party to be able to will no longer have to attend committee mark- are unable to complete their work, it’s hard to fully participate in the legislative process to ups while important amendments are being keep the floor in session. It is a vicious cycle, be of paramount importance and to that end, debated. Instead, they will merely have to and we need new tools to address it. the Republican leadership of the House show up at a specified time to vote. It sounds That is why I suggested that the House should: an awful lot like proxy voting to me. change rule XI of the Rules of the House to (1) Pursuant to clause 8(a)(1) of rule XXII of the Rules of the House of Representatives, Another rule change stretches out the length permit committee chairmen to exercise author- ensure that conference reports be available of time before the minority may offer motions ity similar to that of the Speaker in the House to Members at least three calendar days to instruct conferees by requiring a minimum or the Chairman of the Committee of the prior to consideration, and that in no case of 10 legislative days. Again, this rule limits Whole to postpone ordered record votes to shall they be brought up for consideration minority rights. permit the ‘‘stacking’’ of multiple votes. This is without 24 hours availability.

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A07JA7.011 H07PT1 January 7, 2003 CONGRESSIONAL RECORD — HOUSE H19 (2) Seek to reduce the number of waivers of Hinchey McCollum Sabo Porter Sensenbrenner Thomas the Rules of the House of Representatives Hinojosa McDermott Sanchez, Linda Portman Sessions Thornberry contained in special order of business resolu- Hoeffel McGovern T. Pryce (OH) Shadegg Tiahrt Putnam Shaw Tiberi tions reported by the Committee on Rules. Holden McIntyre Sanchez, Loretta Holt McNulty Sanders Quinn Shays Toomey (3) Seek to reduce the number of bills con- Honda Meehan Sandlin Radanovich Sherwood Turner (OH) sidered by suspension of the rules, especially Hoyer Meeks (NY) Schakowsky Ramstad Shimkus Upton those bills which are of major legislative im- Inslee Menendez Schiff Regula Shuster Vitter portance as well as any bill that may make Israel Michaud Scott (GA) Rehberg Simmons Walden (OR) or authorize appropriations in excess of Jackson (IL) Millender- Scott (VA) Renzi Simpson Walsh $100,000,000 for any fiscal year. Jackson-Lee McDonald Serrano Reynolds Smith (MI) Wamp Rogers (AL) Smith (NJ) Weldon (FL) (4) Seek to ensure that more alternatives (TX) Miller (NC) Sherman Jefferson Miller, George Skelton Rogers (KY) Smith (TX) Weldon (PA) or substitutes to legislation be allowed in John Mollohan Slaughter Rogers (MI) Souder Weller any special order of business resolution re- Johnson, E. B. Moore Smith (WA) Rohrabacher Stearns Whitfield ported by the Committee on Rules in order Jones (OH) Moran (VA) Snyder Ros-Lehtinen Sullivan Wicker to ensure that differing viewpoints may be Kanjorski Murtha Solis Royce Sweeney Wilson (NM) debated on the House floor which will open Kaptur Nadler Spratt Ryan (WI) Tancredo Wilson (SC) the democratic process in the House of Rep- Kildee Napolitano Stark Ryun (KS) Tauzin Wolf Saxton Taylor (NC) Young (AK) resentatives. Kilpatrick Neal (MA) Stenholm Kind Oberstar Strickland Schrock Terry Young (FL) (5) Seek to ensure that the Committee on Kleczka Obey Stupak Rules reports more open rules so that Mem- Kucinich Olver Tanner NOT VOTING—8 bers of the Democratic Caucus may offer Lampson Ortiz Tauscher Carson (OK) Kennedy (RI) Pickering amendments to committee bills, or in those Langevin Owens Taylor (MS) Clyburn Lynch Waters cases where structured rules are reported, Lantos Pallone Thompson (CA) Janklow Meek (FL) that more Democratic amendments pre- Larsen (WA) Pascrell Thompson (MS) senting significant policy ideas and initia- Larson (CT) Pastor Tierney b 1553 Lee Payne Towns tives be included in those amendments made Levin Pelosi Turner (TX) Messrs. EVERETT, CASTLE, JONES eligible for consideration by the rule. Lewis (GA) Peterson (MN) Udall (CO) of North Carolina, GARRETT of New The SPEAKER pro tempore. Without Lipinski Pomeroy Udall (NM) Jersey, LEWIS of California, NOR- Lofgren Price (NC) Van Hollen objection, the motion is considered as Lowey Rahall Velazquez WOOD, PITTS, SMITH of Texas, and one to commit the resolution to a se- Lucas (KY) Rangel Visclosky HUNTER changed their vote from lect committee composed of the major- Majette Reyes Watson ‘‘yea’’ to ‘‘nay.’’ ity leader and the minority leader. Maloney Rodriguez Watt Messrs. LARSON of Connecticut, Markey Ross Waxman There was no objection. Marshall Rothman Weiner MCDERMOTT, CARDOZA, PETERSON The SPEAKER pro tempore. Without Matheson Roybal-Allard Wexler of Minnesota, Ms. CORRINE BROWN of objection, the previous question is or- Matsui Ruppersberger Woolsey Florida, Mr. OWENS, Mr. STARK, Ms. McCarthy (MO) Rush Wu dered on the motion to commit. McCarthy (NY) Ryan (OH) Wynn LINDA T. SANCHEZ of California, Mr. There was no objection. RAHALL and Mr. CONYERS changed ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE NAYS—225 their vote from ‘‘nay’’ to ‘‘yea.’’ The SPEAKER pro tempore. The Aderholt Diaz-Balart, L. Johnson (IL) So the motion to commit was re- Chair would like to announce that any Akin Diaz-Balart, M. Johnson, Sam jected. Bachus Doolittle Jones (NC) The result of the vote was announced Member-elect who failed to take the Baker Dreier Keller Oath of Office may present himself or Ballenger Duncan Kelly as above recorded. herself in the well of the House prior to Barrett (SC) Dunn Kennedy (MN) Stated against: Bartlett (MD) Ehlers King (IA) Ms. BROWN-WAITE. Mr. Speaker, on roll- the vote on the motion to commit the Barton (TX) Emerson King (NY) resolution now pending or on any other Bass English Kingston call No. 3, I inadvertently pressed the ‘‘aye’’ rollcall vote. Beauprez Everett Kirk button. I meant to vote ‘‘nay.’’ The question is on the motion to Bereuter Feeney Kline The SPEAKER pro tempore (Mr. Biggert Ferguson Knollenberg LAHOOD). The question is on the resolu- commit offered by the gentlewoman Bilirakis Flake Kolbe from New York (Ms. SLAUGHTER). Bishop (UT) Fletcher LaHood tion. The question was taken; and the Blackburn Foley Latham The question was taken; and the Blunt Forbes LaTourette Speaker pro tempore announced that Speaker pro tempore announced that Boehlert Fossella Leach the noes appeared to have it. Boehner Franks (AZ) Lewis (CA) the ayes appeared to have it. Ms. SLAUGHTER. Mr. Speaker, on Bonilla Frelinghuysen Lewis (KY) Ms. SLAUGHTER. Mr. Speaker, on that I demand the yeas and nays. Bonner Gallegly Linder that I demand the yeas and nays. Bono Garrett (NJ) LoBiondo The yeas and nays were ordered. The yeas and nays were ordered. Boozman Gerlach Lucas (OK) The vote was taken by electronic de- Bradley (NH) Gibbons Manzullo The vote was taken by electronic device, and there were—yeas 200, nays Brady (TX) Gilchrest McCotter vice, and there were—yeas 221, nays Brown (SC) Gillmor McCrery 203, not voting 9, as follows: 225, not voting 8, as follows: Burgess Gingrey McHugh [Roll No. 3] Burns Goode McInnis [Roll No. 4] Burr Goodlatte McKeon YEAS—221 YEAS—200 Burton (IN) Goss Mica Akin Brown-Waite, Davis, Jo Ann Abercrombie Capps Doggett Buyer Granger Miller (FL) Ginny Davis, Tom Ackerman Capuano Dooley (CA) Calvert Graves Miller (MI) Bachus Burgess DeLay Alexander Cardin Doyle Camp Green (WI) Miller, Gary Baker Burns DeMint Allen Cardoza Edwards Cannon Greenwood Moran (KS) Ballenger Burr Diaz-Balart, L. Andrews Carson (IN) Emanuel Cantor Gutknecht Murphy Barrett (SC) Burton (IN) Diaz-Balart, M. Baca Case Engel Capito Harris Musgrave Bartlett (MD) Buyer Doolittle Baird Clay Eshoo Carter Hart Myrick Barton (TX) Calvert Dreier Baldwin Conyers Etheridge Castle Hastings (WA) Nethercutt Bass Camp Duncan Ballance Cooper Evans Chabot Hayes Ney Beauprez Cannon Dunn Becerra Costello Farr Chocola Hayworth Northup Bereuter Cantor Ehlers Bell Cramer Fattah Coble Hefley Norwood Biggert Capito Emerson Berkley Crowley Filner Cole Hensarling Nunes Bilirakis Carter English Berman Cummings Ford Collins Herger Nussle Bishop (UT) Castle Everett Berry Davis (AL) Frank (MA) Combest Hobson Osborne Blackburn Chabot Feeney Bishop (GA) Davis (CA) Frost Cox Hoekstra Ose Blunt Chocola Ferguson Bishop (NY) Davis (FL) Gephardt Crane Hostettler Otter Boehlert Coble Flake Blumenauer Davis (IL) Gonzalez Crenshaw Houghton Oxley Boehner Cole Fletcher Boswell Davis (TN) Gordon Cubin Hulshof Paul Bonilla Collins Foley Boucher DeFazio Green (TX) Culberson Hunter Pearce Bonner Combest Forbes Boyd DeGette Grijalva Cunningham Hyde Pence Bono Crane Fossella Brady (PA) Delahunt Gutierrez Davis, Jo Ann Isakson Peterson (PA) Boozman Crenshaw Franks (AZ) Brown (OH) DeLauro Hall Davis, Tom Issa Petri Bradley (NH) Cubin Frelinghuysen Brown, Corrine Deutsch Harman Deal (GA) Istook Pitts Brady (TX) Culberson Gallegly Brown-Waite, Dicks Hastings (FL) DeLay Jenkins Platts Brown (SC) Cunningham Garrett (NJ) Ginny Dingell Hill DeMint Johnson (CT) Pombo

VerDate Dec 13 2002 06:04 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A07JA7.010 H07PT1 H20 CONGRESSIONAL RECORD — HOUSE January 7, 2003 Gerlach LoBiondo Ros-Lehtinen Olver Sanchez, Linda Tauscher a privileged resolution (H. Res. 7) and Gibbons Lucas (OK) Royce Ortiz T. Taylor (MS) ask for its immediate consideration. Gilchrest Manzullo Ryan (WI) Owens Sanchez, Loretta Thompson (CA) Gillmor McCotter Ryun (KS) Pallone Sanders Thompson (MS) The Clerk read the resolution, as fol- Gingrey McCrery Saxton Pascrell Sandlin Tierney lows: Goode McHugh Pastor Schakowsky Schrock Towns H. RES. 7 Goodlatte McInnis Sensenbrenner Payne Schiff Turner (TX) Goss McKeon Sessions Pelosi Scott (GA) Udall (CO) Resolved, That the following Members be, Peterson (MN) Scott (VA) Granger Mica Shadegg Udall (NM) and are hereby, elected to the Committee on Graves Miller (FL) Pomeroy Serrano Shaw Van Hollen Rules of the House of Representatives: Mr. Green (WI) Miller (MI) Price (NC) Sherman Shays Velazquez Frost of Texas, Ms. Slaughter of New York, Greenwood Miller, Gary Rahall Skelton Sherwood Visclosky Mr. McGovern of Massachusetts, and Mr. Gutknecht Moran (KS) Rangel Slaughter Shimkus Harris Murphy Reyes Smith (WA) Waters Hastings of Florida. Shuster Hart Musgrave Rodriguez Snyder Watson Simmons Watt The resolution was agreed to. Hastings (WA) Myrick Ross Solis A motion to reconsider was laid on Hayes Nethercutt Simpson Rothman Spratt Waxman Hayworth Ney Smith (MI) Roybal-Allard Stark Weiner the table. Smith (NJ) Wexler Hefley Northup Ruppersberger Stenholm f Hensarling Norwood Smith (TX) Rush Strickland Woolsey Herger Nunes Souder Ryan (OH) Stupak Wu COMPENSATION OF CERTAIN Hobson Nussle Stearns Sabo Tanner Wynn MINORITY EMPLOYEES Hoekstra Osborne Sullivan NOT VOTING—9 Hostettler Ose Sweeney Ms. PELOSI. Mr. Speaker, I offer a Houghton Otter Tancredo Aderholt Cox Jenkins resolution (H. Res. 8) and I ask unani- Hulshof Oxley Tauzin Bishop (NY) Deal (GA) Johnson (CT) Hunter Paul Taylor (NC) Clyburn Janklow King (IA) mous consent for its immediate consid- Hyde Pearce Terry eration. Isakson Pence Thomas b 1611 The Clerk read the resolution, as fol- Issa Peterson (PA) Thornberry So the resolution was agreed to. Istook Petri lows: Tiahrt The result of the vote was announced Johnson (IL) Pickering Tiberi H. RES. 8 Johnson, Sam Pitts as above recorded. Toomey Resolved, That, pursuant to the Legislative Jones (NC) Platts Turner (OH) A motion to reconsider was laid on Pay Act of 1929, four of the six minority em- Keller Pombo Upton Kelly Porter the table. Vitter ployees authorized therein shall be the fol- Kennedy (MN) Portman Stated for: Walden (OR) lowing named persons, effective January 3, King (NY) Pryce (OH) Walsh Mr. KING of Iowa. Mr. Speaker on rollcall 2003, until otherwise ordered by the House, Kingston Putnam No. 4, my voting card did not function prop- to-wit: George Crawford, Lorraine Miller, Kirk Quinn Wamp Kline Radanovich Weldon (FL) erly. Had it worked properly, I would have Cecile Richards, and George Kundanis, each Knollenberg Ramstad Weldon (PA) voted ‘‘yea.’’ to receive gross compensation pursuant to Kolbe Regula Weller Stated against: the provisions of House Resolution 119, Nine- Whitfield LaHood Rehberg Mr. BISHOP of New York. Mr. Speaker, on ty-fifth Congress, as enacted into permanent Latham Renzi Wicker rollcall No. 4, I was unavoidably detained and law by section 115 of Public Law 95–94. In ad- LaTourette Reynolds Wilson (NM) dition to the six minority employees author- Leach Rogers (AL) Wilson (SC) I would have voted ‘‘no’’ on H. Res. 5. Wolf ized by the Legislative Pay Act, the Minor- Lewis (CA) Rogers (KY) f Lewis (KY) Rogers (MI) Young (AK) ity Leader may appoint and set the annual Linder Rohrabacher Young (FL) GENERAL LEAVE rate of pay for up to three additional minority employees. Mr. DREIER. Mr. Speaker, I ask NAYS—203 The SPEAKER pro tempore. Is there unanimous consent that all Members Abercrombie Dingell Kind objection to the request of the gentle- may have 5 legislative days within Ackerman Doggett Kleczka woman from California? Alexander Dooley (CA) Kucinich which to revise and extend their re- There was no objection. Allen Doyle Lampson marks on House Resolution 5. Andrews Edwards Langevin The resolution was agreed to. The SPEAKER pro tempore (Mr. Baca Emanuel Lantos A motion to reconsider was laid on LAHOOD). Is there objection to the re- Baird Engel Larsen (WA) the table. Baldwin Eshoo Larson (CT) quest of the gentleman from Cali- Ballance Etheridge Lee fornia? f Becerra Evans Levin Bell Farr Lewis (GA) There was no objection. DAILY HOUR OF MEETING Berkley Fattah Lipinski f Berman Filner Lofgren Mr. DREIER. Mr. Speaker, I offer a Berry Ford Lowey ELECTION OF MAJORITY MEM- privileged resolution (H. Res. 9) and Bishop (GA) Frank (MA) Lucas (KY) BERS TO COMMITTEE ON RULES ask for its immediate consideration. Blumenauer Frost Lynch Boswell Gephardt Majette Ms. PRYCE of Ohio. Mr. Speaker, by The Clerk read the resolution, as fol- Boucher Gonzalez Maloney direction of the Republican Conference, lows: Boyd Gordon Markey I offer a privileged resolution (H. Res. Brady (PA) Green (TX) Marshall H. RES. 9 Brown (OH) Grijalva Matheson 6) and ask for its immediate consider- Resolved, That unless otherwise ordered, Brown, Corrine Gutierrez Matsui ation. before Monday, May 19, 2003, the hour of Capps Hall McCarthy (MO) The Clerk read the resolution, as fol- daily meeting of the House shall be 2 p.m. on Capuano Harman McCarthy (NY) Mondays; noon on Tuesdays; and 10 a.m. on Cardin Hastings (FL) McCollum lows: all other days of the week; and from Monday, Cardoza Hill McDermott H. RES. 6 Carson (IN) Hinchey McGovern May 19, 2003, until the end of the first ses- Resolved, That the following Members be, sion, the hour of daily meeting of the House Carson (OK) Hinojosa McIntyre and are hereby, elected to the Committee on Case Hoeffel McNulty shall be noon on Mondays; 10 a.m. on Tues- Clay Holden Meehan Rules: Mr. DREIER of California, Chairman, days, Wednesdays, and Thursdays; and 9 a.m. Conyers Holt Meek (FL) Mr. GOSS of Florida, Mr. LINDER of Georgia, on all others days of the week. Cooper Honda Meeks (NY) Ms. PRYCE of Ohio, Mr. LINCOLN DIAZ-BALART Costello Hoyer Menendez of Florida, Mr. HASTINGS of Washington, Mrs. The resolution was agreed to. Cramer Inslee Michaud MYRICK of North Carolina, Mr. SESSIONS of A motion to reconsider was laid on Crowley Israel Millender- Texas, and Mr. REYNOLDS of New York. the table. Cummings Jackson (IL) McDonald Davis (AL) Jackson-Lee Miller (NC) The resolution was agreed to. f Davis (CA) (TX) Miller, George A motion to reconsider was laid on REGARDING CONSENT TO ASSEM- Davis (FL) Jefferson Mollohan the table. Davis (IL) John Moore BLE OUTSIDE THE SEAT OF GOV- Davis (TN) Johnson, E. B. Moran (VA) f ERNMENT DeFazio Jones (OH) Murtha DeGette Kanjorski Nadler ELECTION OF MINORITY MEMBERS Mr. DREIER. Mr. Speaker, I offer a Delahunt Kaptur Napolitano TO COMMITTEE ON RULES privileged concurrent resolution (H. DeLauro Kennedy (RI) Neal (MA) Deutsch Kildee Oberstar Mr. HOYER. Mr. Speaker, by direc- Con. Res. 1) and ask for its immediate Dicks Kilpatrick Obey tion of the Democratic Caucus, I offer consideration.

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A07JA7.012 H07PT1 January 7, 2003 CONGRESSIONAL RECORD — HOUSE H21 The Clerk read the concurrent reso- lowing communication from Craig Rob- ity and minority side and only to those staff lution, as follows: erts, Chief of Staff of the Honorable essential to floor activities. The rule strictly limits the number of com- JOHN M. SHIMKUS, Member of Congress: H. CON. RES. 1 mittee staff permitted on the floor at one Resolved by the House of Representatives (the HOUSE OF REPRESENTATIVES, time during the consideration of measures Senate concurring), That pursuant to clause 4, Washington, DC, January 3, 2003. reported from their committees. This per- section 5, article I of the Constitution, dur- Hon. J. DENNIS HASTERT, mission does not extend to Members’ per- ing the One Hundred Eighth Congress the Speaker, House of Representatives, sonal staff except when a Member has an Speaker of the House and the Majority Lead- Washington, DC. amendment actually pending. To this end, er of the Senate or their respective des- DEAR MR. SPEAKER: This is to formally no- the Chair requests all Members and com- ignees, acting jointly after consultation with tify you, pursuant to Rule VIII of the Rules mittee staff to cooperate to assure that not the Minority Leader of the House and the of the House, that our office has been served more than the proper number of staff are on Minority Leader of the Senate, may notify with a subpoena duces tecum issued by the the floor, and then only during the actual the Members of the House and the Senate, U.S. District Court for the Central District consideration of measures reported from respectively, to assemble at a place outside of Illinois. their committees. The Chair will again extend this admonition to all properly admit- the District of Columbia whenever, in their After consultation with the Office of Gen- ted majority and minority staff by insisting opinion, the public interest shall warrant it. eral Counsel, we have determined that compliance with the subpoenas is consistent that their presence on the floor, including The concurrent resolution was agreed with the precedents and privileges of the the areas behind the rail, be restricted to to. House. those periods during which their supervisors A motion to reconsider was laid on Sincerely, have specifically requested (and the Speaker the table. CRAIG ROBERTS, has approved) their presence. The Chair has Chief of Staff. consulted with and has concurrence of the f Minority Leader with respect to this policy APPOINTMENT OF MEMBERS TO f and has directed the Sergeant-at-Arms to as- HOUSE OFFICE BUILDING COM- ANNOUNCEMENT BY THE SPEAKER sure proper enforcement of the rule. The Speaker’s policy announced on August 1, MISSION PRO TEMPORE 1996, regarding floor privileges of former The SPEAKER pro tempore. Without The SPEAKER pro tempore. The Members will also apply during the 108th objection, and pursuant to 40 United Chair customarily takes this occasion Congress. States Code, 175 and 176, the Chair anon the opening day of the Congress to ANNOUNCEMENT BY THE SPEAKER, JANUARY 25, nounces the Speaker’s appointment of announce his policies with respect to 1983 the gentleman from Texas (Mr. DELAY) particular aspects of the legislative The SPEAKER. Rule IV strictly limits those and the gentlewoman from California persons to whom the privileges of the floor process. The Chair will insert in the during sessions of the House are extended, (Ms. PELOSI) as members of the House RECORD announcements by the Speaker and that rule prohibits the Chair from enter- Office Building Commission to serve concerning: first, privileges of the taining requests for suspension or waiver of with himself. floor; second, introduction of bills and that rule. As reiterated as recently as Au- There was no objection. resolutions; third, unanimous consent gust 22, 1974, by Speaker Albert under the f requests for the consideration of bills principle stated in Deschler’s Procedure, and resolutions; forth, recognition for chapter 4, section 3.4, the rule strictly limits COMMUNICATION FROM THE the number of committee staff permitted on 1-minute speeches, morning hour de- CLERK OF THE HOUSE the floor at one time during the consider- bate, and special orders; fifth, decorum ation of measures reported from their com- The SPEAKER pro tempore laid be- in debate; sixth, conduct of votes by mittees. This permission does not extend to fore the House the following commu- electronic device; seventh, distribution Member’s personal staff except when a Mem- nication from the Clerk of the House of of written material on the House floor; ber has an amendment actually pending dur- Representatives: and, eighth, use of personal, electronic ing the five-minute rule. To this end, the OFFICE OF THE CLERK, office equipment on the House floor. Chair requests all Members and committee staff to cooperate to assure that not more U.S. HOUSE OF REPRESENTATIVES, These announcements, where appro- than the proper number of staff are on the Washington, DC, January 7, 2003. priate, will reiterate the origins of the Hon. J. DENNIS HASTERT, floor, and then only during the actual con- stated policies. The Speaker intends to sideration of measures reported from their The Speaker, U.S. House of Representatives, continue in the 108th Congress the poli- Washington, DC. committees. The Chair will again extend this admonition to all properly admitted major- DEAR MR. SPEAKER: Under Clause 2(g) of cies reflected in these statements. The Rule II of the U.S. House of Representatives, policy announced in the 102nd Congress ity and minority staff by insisting that their I herewith designate Ms. Martha C. Morri- with respect to jurisdictional concepts presence on the floor, including the areas be- son, Deputy Clerk, to sign any and all papers related to clause 5(a) of rule XXI, tax hind the rail, be restricted to those periods during which their supervisors have specifi- and do all other acts for me under the name and tariff measures, will continue to cally requested their presence. The Chair of the Clerk of the House which she would be govern but need not be reiterated, as it stated this policy in the 97th Congress, and authorized to do by virtue of this designa- is adequately documented as precedent an increasing number of Members have in- tion, except such as are provided by statute, in the House Rules and Manual. sisted on strict enforcement of the rule. The in case of my temporary absence or dis- Chair has consulted with and has the concur- ability. The announcements referred to fol- rence of the Minority Leader with respect to If Ms. Morrison should not be able to act in low and, without objection, will be this policy and has directed [the Doorkeeper my behalf for any reason, then Mr. printed in the RECORD: and] the Sergeant-at-Arms to assure proper Gerasimos C. Vans, Assistant to the Clerk or There was no objection. enforcement of the rule. Mr. Daniel J. Strodel, Assistant to the Clerk 1. PRIVILEGES OF THE FLOOR should similarly perform such duties under ANNOUNCEMENT BY THE SPEAKER, JANUARY 21, The Chair will make the following an- the same conditions as are authorized by 1986 nouncement regarding floor privileges. Rule this designation. The SPEAKER. Rule IV strictly limits those 4 strictly limits those persons to whom the These designations shall remain in effect persons to whom the privileges of the floor privileges of the floor during sessions of the for the 108th Congress or until modified by during sessions of the House are extended, House are extended, and that rule prohibits me. and that rule prohibits the Chair from enter- the Chair from entertaining requests for sus- With best wishes, I am. taining requests for suspension or waiver of pension or waiver of that rule. The Speaker’s Sincerely, that rule. As reiterated by the Chair on Jan- instructions to the former Doorkeeper and JEFF TRANDAHL. uary 25, 1983, and January 3, 1985, and as the Sergeant-at-Arms announced on January stated in chapter 4, section 3.4 of Deschler- f 25, 1983, and on January 21, 1986, regarding Brown’s Procedure in the House of Rep- b 1615 floor privileges of staff will apply during the resentatives, the rule strictly limits the 108th Congress. In accordance with the number of committee staff on the floor at COMMUNICATION FROM CHIEF OF change in this Congress of clause 2(a) of rule one time during the consideration of meas- STAFF OF HON. JOHN M. 4 regarding leadership staff floor access, the ures reported from their committees. This SHIMKUS, MEMBER OF CON- Speaker announces that only designated permission does not extend to Members’ per- GRESS staff approved by the Speaker shall be grant- sonal staff except when a Member’s amended the privilege of the floor. The Speaker in- ment is actually pending during the five- The Speaker pro tempore (Mr. tends that his approval be narrowly granted minute rule. It also does not extend to per- LAHOOD) laid before the House the fol- on a bipartisan basis to staff from the major- sonal staff of Members who are sponsors of

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.040 H07PT1 H22 CONGRESSIONAL RECORD — HOUSE January 7, 2003 pending bills or who are engaging in special are not referred and do not appear in the leadership special-order period will be per- orders. The Chair requests the cooperation of RECORD as of today will be included in the mitted with notice to the Chair. all Members and committee staff to assure next day’s RECORD and printed with a date as ANNOUNCEMENT BY THE SPEAKER, AUGUST 8, that only the proper number of staff are on of today. 1984, RELATIVE TO RECOGNITION FOR ONE- the floor, and then only during the consider- The Chair has advised all officers and em- MINUTE SPEECHES ation of measures reported from their com- ployees of the House that are involved in the The SPEAKER. After consultation with and mittees. The Chair is making this statement processing of bills that every bill, resolution, concurrence by the Minority Leader, the and reiterating this policy because of con- memorial, petition or other material that is Chair announces that he will institute a new cerns expressed by many Members about the placed in the hopper must bear the signature policy of recognition for ‘‘one-minute’’ number of committee staff on the floor dur- of a Member. Where a bill or resolution is speeches and for special order requests. The ing the last weeks of the first session. The jointly sponsored, the signature must be Chair will alternate recognition for one- Chair requests each chairman, and each that of the Member first named thereon. The minute speeches between majority and mi- ranking minority member, to submit to the bill clerk is instructed to return to the Mem- nority Members, in the order in which they [Doorkeeper] Sergeant-at-Arms a list of staff ber any bill which appears in the hopper seek recognition in the well under present who are to be allowed on the floor during the without an original signature. This proce- practice from the Chair’s right to the Chair’s consideration of a measure reported by their dure was inaugurated in the 92d Congress. It left, with possible exceptions for Members of committee. Each staff person should ex- has worked well, and the Chair thinks that it the leadership and Members having business change his or her ID for a ‘‘committee staff’’ is essential to continue this practice to in- requests. The Chair, of course, reserves the badge which is to be worn while on the floor. sure the integrity of the process by which right to limit one-minute speeches to a cer- The Chair has consulted with the Minority legislation is introduced in the House. tain period of time or to a special place in Leader and will continue to consult with 3. UNANIMOUS-CONSENT REQUESTS FOR THE the program on any given day, with notice to him. The Chair has furthermore directed the CONSIDERATION OF BILLS AND RESOLUTIONS the leadership. [Doorkeeper and] Sergeant-at-Arms to as- The Speaker’s policy announced on Janu- Uponn consultation with the Minority sure proper enforcement of rule IV. ary 6, 1999, will continue to apply in the Leader, the Speaker’s policy, which began on ANNOUNCEMENT BY THE SPEAKER, AUGUST 1, 108th Congress. February 23, 1994, was reiterated on January 1996 4, 1995, and was supplemented on January 3, ANNOUNCEMENT BY THE SPEAKER, JANUARY 6, 2001, will continue to apply in the 108th Con- The SPEAKER. The Chair will make a state- 1999 gress as outlined below: ment. On May 25, 1995, the Chair took the op- The SPEAKER. The Speaker will continue On Tuesdays, following legislative busi- portunity to reiterate guidelines on the pro- to follow the guidelines recorded in section ness, the Chair may recognize Members for hibition against former Members exercising 956 of the House Rules and Manual confer- special-order speeches up to midnight, and floor privileges during the consideration of a ring recognition for unanimous-consent re- such speeches may not extend beyond mid- matter in which they have a personal or pe- quests for the consideration of bills and reso- night. On all other days of the week, the cuniary interest or are employed or retained lutions only when assured that the majority Chair may recognize Members for special- as a lobbyist. and minority floor leadership and committee order speeches up to four hours after the Clause 4 of rule IV and the subsequent and subcommittee chairmen and ranking mi- conclusion of five-minute special-order guidelines issued by previous Speakers on nority members have no objection. Con- speeches. Such speeches may not extend be- this matter make it clear that consideration sistent with those guidelines, and with the yond the four-hour limit without the permis- of legislative measures is not limited solely Chair’s inherent power of recognition under sion of the Chair, which may be granted only to those pending before the House. Consider- clause 2 of rule XVII, the Chair, and any oc- with advance consultation between the lead- ation also includes all bills and resolutions cupant of the Chair appointed as Speaker pro erships and notification to the House. How- either which have been called up by a full tempore pursuant to clause 8 of rule I, will ever, at no time shall the Chair recognize for committee or subcommittee or on which decline recognition for unanimous-consent any special-order speeches beyond midnight. hearings have been a full committee or sub- requests for consideration of bills and resolu- The Chair will first recognize Members for committee of the House. tions without assurances that the request five-minute special-order speeches, alter- Former Members can be prohibited from has been so cleared. This denial of recogni- nating initially and subsequently between privileges of the floor, the Speaker’s lobby tion by the Chair will not reflect necessarily the parties regardless of the date the order and respective Cloakrooms should it be any personal opposition on the part of the was granted by the House. The Chair will ascertained they have direct interests in leg- Chair to orderly consideration of the matter then recognize longer special orders speech- islation that is before a subcommittee, full in question, but will reflect the determina- es. A Member recognized for a five-minute committee, or the House. Not only do those tion upon the part of the Chair that orderly special-order speech may not be recognized circumstances prohibit former Members but procedures will be followed; that is, proce- for a longer special-order speech. The four- the fact that a former Member is employed dures involving consultation and agreement hour limitation will be divided between the or retained by a lobbying organization at- between floor and committee leadership on majority and minority parties. Each party is tempting to directly or indirectly influence both sides of the aisle. In addition to unani- entitled to reserve its first hour for respec- pending legislation is cause for prohibiting mous-consent requests for the consideration tive leaderships or their designees. Recogni- access to the House Chamber. of bills and resolutions, section 956 of the tion will alternate initially and subsequently First announced by Speaker O’Neill on House Rules and Manual also chronicles ex- between the parties each day. January 6, 1977, again on June 7, 1978, and by The allocation of time within each party’s amples where the Speaker applied this policy Speaker Foley in 1994, the guidelines were two-hour period (or shorter period of pro- on recognition to other related unanimous- intended to prohibit former Members from rated to end by midnight) is to be deter- consent requests, such as requests to con- using their floor privileges under the restric- mined by a list submitted to the Chair by sider a motion to suspend the rules on a non- tions laid out in this rule. This restriction the respective leaderships. Members may not suspension day and requessts to permit con- extends not only to the House floor but adja- sign up with their leadership for any special- sideration of nongermane amendments to cent rooms, the Cloakrooms, and the Speak- order speeches earlier than one week prior to bills. the special order, and additional guidelines er’s lobby. As announced by the Speaker, April 26, Members who have reason to know that a may be established for such sign-ups by the 1984, the Chair will entertain unanimous- former Member is on the floor inconsistent respective leaderships. consent requests to dispose of Senate amend- with clause 4 of rule IV should notify the Pursuant to clause 2(a) of rule V, the tele- ments to House bills on the Speaker’s table Sergeant-at-Arms promptly. vision cameras will not pan the Chamber, if made by the chairman of the committee but a ‘‘crawl’’ indicating morning hour or 2. INTRODUCTION OF BILLS AND RESOLUTIONS with jurisdiction, or by another committee that the House has completed its legislative The Speaker’s policy announced on Janu- member authorized to make the request. business and is proceeding with special-order ary 3, 1983, will continue to apply in the 4. RECOGNITION FOR ONE-MINUTE SPEECHES speeches will appear on the screen. Other tel- 108th Congress. AND SPECIAL ORDERS evision camera adaptations during this pe- ANNOUNCEMENT BY THE SPEAKER, JANUARY 3, The Speaker’s policy announced on Janu- riod may be announced by the Chair. 1983 ary 25, 1984, with respect to recognition for The continuation of this format for rec- The SPEAKER. The Chair would like to one-minute speeches will apply during the ognition by the Speaker is without prejudice make a statement concerning the introduc- 108th Congress with the continued under- to the Speaker’s ultimate power of recognition and reference of bills and resolutions. standing that the Chair reserves the author- tion under clause 2 of rule XVII should cir- As Members are aware, they have the privi- ity to restrict one-minute speeches at the be- cumstances so warrant. lege today of introducing bills. Heretofore on ginning of the legislative day. The Speaker’s 5. DECORUM IN DEBATE the opening day of a new Congress, several policy announced in the 104th Congress for The Chair will make the following an- hundred bills have been introduced. The recognition for ‘‘morning hour’’ debate and nouncement regarding decorum in debate. It Chair will do his best to refer as many bills restricted special-order speeches, announced is essential that the dignity of the pro- as possible, but he will ask the indulgence of on May 12, 1995, will also continue through ceedings of the House be preserved, not only Members if he is unable to refer all the bills the 108th Congress with the further clarifica- to assure that the House conducts its busi- that may be introduced. Those bills which tion that reallocations of time within each ness in an orderly fashion but to permit

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A07JA7.032 H07PT1 January 7, 2003 CONGRESSIONAL RECORD — HOUSE H23 Members to properly comprehend and par- dents, at section 1248 and was reiterated on clause 5 of rule XVII in this Congress, will ticipate in the business of the House. To this January 19, 1995. continue. All Members and staff are re- end, and in order to permit the Chair to un- 6. CONDUCT OF VOTES BY ELECTRIC DEVICE minded of the absolute prohibition contained derstand and to correctly put the question in the last sentence of clause 5 of rule XVII The Speaker’s policy announced on Janu- on the numerous requests that are made by against the use of a wireless telephone or ary 4, 1995, will continue through the 108th Members, the Chair requests that Members personal computer upon the floor of the Congress. and others who have the privileges of the House at any time. The SPEAKER. The Chair wishes to enun- floor desist from audible conversation in the ciate a clear policy with respect to the con- The Chair requests all Members and staff Chamber while the business of the House is duct of electronic votes. wishing to receive or send wireless telephone being conducted. The Chair would encourage As Members are aware, clause 2(a) of rule messages to do so outside of the chamber, all Members to review rule 17 to gain a bet- XX provides that Members shall have not and to deactivate, which means to turn off, ter understanding of the proper rules of deco- less than 15 minutes in which to answer an any audible ring of wireless phones before rum expected to them, and especially: ordinary [rollcall] record vote or quorum entering the Chamber. To this end, the Chair (1) to avoid ‘‘personalities’’ in debate with call. The rule obviously establishes 15 min- insists upon the cooperation of all Members respect to references to other Members, the utes as a minimum. Still, with the coopera- and staff and instructs the Sergeant-at- Senate, and the President; tion of the Members, a vote can easily be Arms, pursuant to clause 3(a) of rule II, to (2) to address the Chair while standing and completed in that time. The events of Octo- enforce this prohibition. only when, and not beyond, the time recog- ber 30, 1991, stand out as proof of this point. nized, and not to address the television or f On that occasion, the House was considering other imagined audience; a bill in the Committee of the Whole under REPORT OF COMMITTEE TO (3) to refrain from passing between the a special rule that placed an overall time NOTIFY THE PRESIDENT Chair and a Member speaking, or directly in limit on the amendment process, including front of a Member speaking from the well; Mr. DELAY. Mr. Speaker, your com- the time consumed by [rollcalls] record (4) to refrain from smoking in the Cham- votes. The Chair announced, and then strict- mittee appointed on the part of the ber; ly enforced, a policy of closing electronic House to join a like committee on the (5) to disable wireless phones when enter- votes as soon as possible after the guaran- part of the Senate to notify the Presi- ing the Chamber; teed period of 15 minutes. Members appre- dent of the United States that a (6) to wear appropriate business attire in ciated and cooperated with the Chair’s en- the Chamber; and to generally display the quorum of each House has been assem- forcement of the policy on that occasion. same degree of respect to the Chair and bled and is ready to receive any com- The Chair desires that the example of Oc- other Members that every Member is due. munication that he may be pleased to tober 30, 1991, be made the regular practice of The Speaker’s policies with respect to de- make has performed its duty. the House. To that end, the Chair enlists the corum in debate announced on January 3, assistance of all Members in avoiding the un- Ms. PELOSI. Mr. Speaker, I support 1991, and January 4, 1995, will apply during necessary loss of time in conducting the the majority leader’s comments. the 108th Congress. business of the House. The Chair encourages f ANNOUNCEMENT BY THE SPEAKER, JANUARY 3, all Members to depart for the Chamber 1991 promptly upon the appropriate bell and light MORNING HOUR DEBATE The SPEAKER. It is essential that the dig- signal. As in recent Congresses, the cloak- Mr. DELAY. Mr. Speaker, I ask unan- nity of the proceedings of the House be pre- rooms should not forward to the Chair reserved, not only to assure that the House quests to hold a vote by electronic device, imous consent that during the first ses- conducts its business in an orderly fashion but should simply apprise inquiring Members sion of the 108th Congress: number one, but to permit Members to properly com- of the time remaining on the voting clock. on legislative days of Monday, when prehend and participate in the business of Although no occupant of the Chair would the House convenes pursuant to House the House. To this end, and in order to per- prevent a Member who is in the well of the resolution, the House shall convene 90 mit the Chair to understand and to correctly Chamber before the announcement of the re- minutes earlier than the time other- put the question on the numerous requests sult from casting his or her vote, each occu- wise established by that resolution that are made by Members, the Chair re- pant of the Chair will have the full support solely for the purpose of conducting quests that Members and others who have of the Speaker in striving to close each elec- the privileges of the floor desist from audible tronic vote at the earliest opportunity. morning hour debate; and, number two, conversation in the Chamber while the busi- Members should not rely on signals relayed on legislative days of Tuesday when ness of the House is being conducted. The from outside the Chamber to assume that the House convenes pursuant to House Chair would encourage all Members to re- votes will be held open until they arrive in resolution (a) before May 19, 2003, the view rule XVII to gain a better under- the Chamber. House shall convene for morning hour standing of the proper rules of decorum ex- 7. USE OF HANDOUTS ON HOUSE FLOOR debate 90 minutes earlier than the time pected of them, and especially: First, to The Speaker’s policy announced on Sep- otherwise established by that resolu- avoid ‘‘personalities’’ in debate with respect tember 27, 1995, will continue through 108th to references to other Members, the Senate, tion; and (b) after May 19, 2003, the Congress. and the President; second, to address the House shall convene for morning hour The SPEAKER. A recent misuse of handouts Chair while standing and only when and not debate one hour earlier than the time on the floor of the House has been called to beyond the time recognized, and not to ad- otherwise established by that resolu- the attention of the Chair and the House. At dress the television or other imagined audi- the bipartisan request of the Committee on tion. ence; third, to refrain from passing between Standards of Official Conduct, the Chair an- And, three, the time for morning the Chair and the Member speaking, or di- nounces that all handouts distributed on or hour debate shall be limited to 30 min- rectly in front of a Member speaking from adjacent to the House floor by Members dur- utes allocated to each party, except the well; fourth, to refrain from smoking in ing House proceedings must bear the name of the Chamber; and generally to display the that on Tuesdays after May 19, 2003, the member authorizing their distribution. same degree of respect to the Chair and the time shall be limited to 25 minutes In addition, the content of those materials other Members that every Member is due. allocated to each party and may not must comport with standards of propriety The Speaker’s announcement of January 4, continue beyond 10 minutes beyond the applicable to words spoken in debate or in- 1995, will continue to apply in the 108th Con- hour appointed or the resumption of serted in the RECORD. Failure to comply with gress as follows: this admonition may constitute a breach of the session of the House; and, four, the The SPEAKER. The Chair would like all decorum and may give rise to a question of form of proceeding to morning hour de- Members to be on notice that the Chair in- privilege. bate shall be as follows: the prayer by tends to strictly enforce time limitations on The Chair would also remind Members debate. Furthermore, the Chair has the au- the chaplain, the approval of the Jour- that, pursuant to clause 5 of rule IV, staff thority to immediately interrupt Members nal, and the Pledge of Allegiance to the are prohibited from engaging in efforts in in debate who transgress rule XVII by failing Flag shall be postponed until resump- the Hall of the House or rooms leading there- to avoid ‘‘personalities’ in debate with re- tion of the session of the House; initial to to influence Members with regard to the spect to references to the Senate, the Presi- legislation being amended. Staff cannot dis- and subsequent recognitions for debate dent, and other Members, rather than wait tribute handouts. shall alternate between the parties; for Members to complete their remarks. In order to enhance the quality of debate recognition shall be conferred by the Finally, it is not in order to speak dis- in the House, the Chair would ask Members Speaker only pursuant to lists sub- respectfully of the Speaker; and under the to minimize the use of handouts. precedents the sanctions for such violations mitted by the majority leader and by transcend the ordinary requirements for 8. USE OF EQUIPMENT ON HOUSE FLOOR the minority leader; no Members may timeliness of challenges. This separate treat- The Speaker’s policy announced on Janu- address the House for longer than 5 ment is recorded in volume 2 of Hinds’ Prece- ary 27, 2000, as modified by the change in minutes, except the majority leader,

VerDate Dec 13 2002 04:57 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A07JA7.035 H07PT1 H24 CONGRESSIONAL RECORD — HOUSE January 7, 2003 the minority leader, or the minority a truly decent individual who eschewed REMEMBERING JOE REMCHO whip; and following morning hour de- headlines and publicity. He always had (Ms. LEE asked and was given per- bate, the Chair shall declare a recess time to give advice to his friends, often mission to address the House for 1 pursuant to clause 12 of rule I until the pro bono. Recently, he helped me with minute.) time appointed for the resumption of a small, but important, family issue. Ms. LEE. Mr. Speaker, it is with a the session of the House. People like Joe are rare, but their deep sense of sadness today that I rise The SPEAKER pro tempore. Is there impact great. Joe Remcho’s legacy will to express my sense of sorrow upon objection to the request of the gen- inspire young lawyers for years to learning of the death of a great lawyer, tleman from Texas? come. To his family, friends, clients, a courageous civil libertarian, a con- There was no objection. and other classmates, my family ex- stituent, a very valued and very sup- f tends our deepest condolences. portive constituent, a devoted husband ANNOUNCEMENT BY THE SPEAKER f and father, Joe Remcho. PRO TEMPORE I had the privilege to know Joe for many years and benefited from his ad- The SPEAKER pro tempore. The HONORING FORMER vice, his counsel, and his steadiness. Chair will entertain 1-minute requests. CONGRESSMAN WAYNE OWENS Joe had a keen intellect, a gentle f (Ms. ROS-LEHTINEN asked and was given permission to address the House heart, and a passion for justice. He EDDIE MURRAY AND GARY for 1 minute and to revise and extend took on difficult cases because he be- CARTER TO BE INDUCTED INTO her remarks.) lieved in the correctness of the cause, NATIONAL BASEBALL HALL OF Ms. ROS-LEHTINEN. Mr. Speaker, I not in the glory of the moment. Joe FAME rise today to honor the dedication and Remcho was a humble man. He was a (Mr. BOEHLERT asked and was given the life of a dear friend of this great humble human being who exemplified permission to address the House for 1 Chamber, former Congressman Wayne all of the values we hold so dear. minute and to revise and extend his re- Owens. Wayne Owens was an energetic My heart is very heavy today. We marks.) Member who served the American peo- have lost an unsung hero to an un- Mr. BOEHLERT. Mr. Speaker, I have ple faithfully for four terms. As a mem- timely and sad and tragic death. His the high honor and privilege of an- ber of the International Relations family—his wife, Ronnie, and his children, nouncing that on Sunday, July 27 in Committee on which I serve, Wayne Morgan and Sam, have lost a great husband Cooperstown, New York, baseball’s Owens reached across the political and father. To his family and to all of mecca, the newest class of greats will aisle, committing himself to the peace those who are close to Joe, I just want be inducted into the National Baseball process in the Middle East. to say may he rest in peace. We send Hall of Fame. Today at 2 o’clock, the As the founder of the Center for Mid- our condolences. May God bless him. Baseball Writers Association of Amer- dle East Peace and Economic Coopera- f ica announced that greats Eddie Mur- tion, Wayne Owens brought together JOINING IN HONORING THE ray of the Baltimore Orioles and Gary different leaders from the Middle East MEMORY OF JOE REMCHO Carter of the New York Mets will con- in his tireless pursuit of a just, lasting, sist of the class of 2003. You are all in- and comprehensive peace. (Ms. PELOSI asked and was given vited to Cooperstown, New York, on Mr. Speaker, many were touched by permission to address the House for 1 July 27. Congressman Wayne Owens. I want to minute.) Ms. PELOSI. Mr. Speaker, I want to f extend my deepest condolences to his join my colleagues from California in REMEMBERING JOE REMCHO wife, Marlene, their two children, their grandchildren, and to all of his family honoring the memory of Joe Remcho, (Ms. HARMAN asked and was given and friends. Wayne will surely be who was a great attorney in our State permission to address the House for 1 missed. and who pled cases before the Supreme minute and to revise and extend her re- Court there very successfully. His marks.) f daughter, Morgan, has been an intern Ms. HARMAN. Mr. Speaker, this past in my office. So I know the values that weekend I lost a dear friend and law CELEBRATING JOHN COLLINS’S this family shares and how committed school classmate and Californians lost BIRTHDAY they were to public service and for im- a true champion of public interest and (Ms. LOFGREN asked and was given proving the lives of everyone in our civil liberties. Joe Remcho died trag- permission to address the House for 1 country. Our sympathies go to every ically in a helicopter accident. He will minute and to revise and extend her remember of Joe Remcho’s family. He be sorely missed. I met Joe in law marks.) was highly respected in the State of school 37 years ago. We became quick Ms. LOFGREN. Mr. Speaker, today is California. His death is a tragedy for and close friends. After law school we a historic day. It is a day that for the many of us. He will be sorely missed, took different paths, but both reveled first time an Italian American, a Cali- and I hope it is a comfort to his family in politics, public interest, and public fornian, a woman, was nominated for that so many people share their loss policy. Joe became an acknowledged Speaker; but it is historic for me for and are praying for them at this sad expert in first amendment, election another reason. Today my son, John time and that his passing has been re- law, and civil liberties. As a rookie Collins, has turned 18 years old, and corded by the California Members of lawyer, he represented soldiers in Sai- this is the first time I have ever been Congress in this very distinguished gon during the Vietnam War and later away from him on his birthday. He in- House of Representatives. worked as a staff attorney and lobbyist sisted that I come to Washington f for the ACLU in San Francisco and today. He said I would be letting the Sacramento. country down if I did not come to vote JOINING IN HONORING THE He became an advisor to many public for NANCY PELOSI. And so I took his ad- MEMORY OF JOE REMCHO officials, including California Governor vice. (Ms. WATSON asked and was given Gray Davis, Senator DIANNE FEINSTEIN, I wanted to celebrate my son’s birth- permission to address the House for 1 and me and was sought after for his day because he is well known to many minute.) skill, his decency, and his common Members of Congress. He has spent Ms. WATSON. Mr. Speaker, I also sense. His advocacy greatly influenced many hours on this floor teaching want to add my voice to those of the the redistricting process in California, Members how to use the computers, ar- other Members who have spoken re- and he brought numerous cases involv- guing politics, policy, and philosophy. garding the death of Joe Remcho. We ing voter initiatives, term limits, and He is a wonderful young man. I am im- will miss him greatly. He served the campaign finance. mensely proud of him, and I am so glad people of California well. As long as I Legal titan that he was, I will re- that he has reached this milestone, his can remember during my stint in the member Joe as quiet and self-effacing, 18th birthday and adulthood. Senate, Joe Remcho has been there,

VerDate Dec 13 2002 04:57 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.044 H07PT1 January 7, 2003 CONGRESSIONAL RECORD — HOUSE H25 representing us at every level of the workers and employers. What do I (Ms. KAPTUR addressed the House. justice system. He was a determined, mean by that? Well, since its enact- Her remarks will appear hereafter in an experienced, and a knowledgeable ment in 1993, the Family and Medical the Extensions of Remarks). attorney. His accidental and untimely Leave Act, or FMLA, has brought f death shall be regretted by all the peo- peace of mind and job security during THREAT REDUCTION ple of California as well as those that critical times to thousands of workers IMPLEMENTATION ACT OF 2003 he worked with. We mourn him, but we and their families. That is a good salute him as a lawyer who represented thing. But along with this good thing The SPEAKER pro tempore. Under a us at the highest level of performance. has come the bad: conflict with exist- previous order of the House, the gen- We extend our deepest sympathy to his ing workplace policies, misinterpreta- tleman from California (Mr. SCHIFF) is family. tions, and misapplications of the law, recognized for 5 minutes. Mr. SCHIFF. Mr. Speaker, earlier f intrusions into the privacy of employees, and other consequences that were today, I introduced the Threat Reduc- b 1630 never anticipated or intended by Con- tion Implementation Act of 2003, granting the President permanent waiver SPECIAL ORDERS gress. While none of us would say that FMLA is broken, all of us, employees authority over Nunn-Lugar Coopera- The SPEAKER pro tempore (Mr. tive Threat Reduction certification re- and employers alike, must recognize LAHOOD). Under the Speaker’s an- quirements to prevent dangerous that it should be fixed. nounced policy of January 7, 2003, and delays in this critical defense program. How will my bill fix the unintended under a previous order of the House, Unnecessary restrictions and delays in and unwanted consequences of FMLA? the following Members will be recog- funding Nunn-Lugar put Americans at First, it clarifies what is now re- nized for 5 minutes each. risk of potential attacks using smug- garded as a confusing definition of a gled Russian chemical, biological, or f ‘‘serious health condition.’’ nuclear weapons technology or mate- Second, it allows for employees to re- THE MEDICARE FRAUD PREVEN- rial. TION AND ENFORCEMENT ACT quest leave time in blocks of at least 4 The terrorist attacks of September 11 OF 2003, THE FAMILY AND MED- hours so that they have enough time to fundamentally changed the way we ICAL LEAVE CLARIFICATION ACT take care of their business without think of national security and pro- OF 2003, AND THE ENERGY AND feeling rushed to return to the office. tecting the homeland. Unlike adver- SCIENCE RESEARCH INVEST- At the same time, it cuts down on the saries of the past, our enemies today MENT ACT OF 2003 paperwork that employers must proc- not only utilize untraditional weapons ess and the intrusive questions they The SPEAKER pro tempore. Under a in their war of terror, but also are must ask employees before granting seeking access to new and even more previous order of the House, the gentle- leave. woman from Illinois (Mrs. BIGGERT) is destructive weapons, such as chemical, Third, it allows employers to require biological, and nuclear weapons. recognized for 5 minutes. employees to choose whether to take Mrs. BIGGERT. Mr. Speaker, I rise Twelve years ago, the Nunn-Lugar unpaid leave under FMLA or a paid Cooperative Threat Reduction Program today to introduce three bills that ad- leave of absence under a collective bar- dress issues affecting our health care was born out of the necessity to ensure gaining agreement. It provides an in- that the nuclear arsenal of the Soviet system, our workplace, and the future centive for employers who offer sick of science research in the United Union would not fall into the wrong leave to continue to do so while pro- hands as the Soviet empire was coming States. viding a disincentive for those who are Topping our agenda as we begin this apart. While much has been done to considering termination of such em- dismantle these weapons, continuing first day of the 108th Congress are the ployee friendly plans. economic and social weaknesses in serious challenges facing our Medicare The FMLA Clarification Act is a rea- Russia, coupled with an eroding early system: enacting a prescription drug sonable measure and fair response to warning system, poorly secured Rus- benefit for seniors and providing fair many of the concerns raised by work- sian weapons materials, and poorly and adequate reimbursement for physi- ers and employers around the country. paid Russian weapons scientists and se- cians, hospitals, and care facilities in I urge my colleagues to join me in sup- curity personnel, increase the threat of my home State of Illinois and across porting it. mass destruction on an unprecedented the Nation. Last but not least, I introduce today scale. So the first bill that I introduce the Energy and Science Research In- Unfortunately, every year opponents today is one that will make it easier to vestment Act, which recognizes the ur- of the CTR program wage a campaign provide this funding by cracking down gent need to finance and manage well to slow down or even block funds for on the waste, fraud, and abuse that our Nation’s basic research initiatives. the continuation of U.S. efforts in Rus- drain more than $12 billion a year from Over the past 5 years, Federal fund- sia to monitor and reduce weapons-usa- the Medicare system. ing for medical research has nearly ble nuclear material and other weapons The Medicare Fraud Prevention and doubled, yet funding for research in the of mass destruction. While account- Enforcement Act of 2003 will put an end physical sciences has remained stag- ability and oversight are necessary to to that theft. It will strengthen the nant at 1990 levels. make sure that Nunn-Lugar funds are Medicare enrollment process, expand The Energy and Science Research In- serving their intended purpose, recur- certain standards of participation, and vestment Act will provide additional rent delays owing to outdated certifi- reduce erroneous payments. Perhaps resources to the Department of Ener- cation requirements have proven detri- most importantly, it gives criminal in- gy’s Office of Science and make organi- mental to our ability to protect the vestigators at the Department of zational changes that will enhance the homeland. Health and Human Services the Fed- accountability and oversight of energy During the fiscal year 2003 Defense eral law enforcement tools to help research and science programs at the authorization and appropriation de- them pursue and prosecute health care DOE. bates, the administration requested swindlers. Mr. Speaker, I thank those who have permanent waiver authority over many The time to modernize Medicare is signed on as original cosponsors of certification requirements in order to not next week, not next month or next these bills, and I urge others to join us permit elements of the program to go year; the time is now. But true reform in becoming cosponsors of these three forward. After a drawn out debate, con- will not be achieved without first pro- key measures. ferees ended up granting a 3-year waiv- tecting Medicare from fraud and scan- er on the Nunn-Lugar certification re- dalous exploitation. f quirements and a 1-year waiver for the The second bill I introduce today, the The SPEAKER pro tempore. Under a construction of a chemical weapons Family and Medical Leave Clarifica- previous order of the House, the gentle- construction facility in Shchuchye, tion Act of 2003, will make a good act woman from Ohio (Ms. KAPTUR) is rec- Russia. Avoiding lengthy and unneces- work even better for our Nation’s ognized for 5 minutes. sary delays in the Nunn-Lugar program

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.048 H07PT1 H26 CONGRESSIONAL RECORD — HOUSE January 7, 2003 and specifically with the chemical bers to this august body and the re- they are proud of today’s historic weapons elimination project in Russia, turning Members who are charged with events, as well as all Americans are it is in the strong national interest of helping to chart the course for these proud of these pairs of siblings. the United States and justifies grant- new Members, knowing that they have f ing the President permanent waiver a very complex and awesome responsi- LEGISLATIVE ISSUES authority. With the weapons at bility. But, Mr. Speaker, today has Shchuchye reportedly able to kill the been an historic day for us. We have The SPEAKER pro tempore. Under a world’s population some 20 times over, seen, for the first time ever a woman, previous order of the House, the gentle- the continued, insecure existence of a Democratic woman, whose name was woman from Texas (Ms. JACKSON-LEE) these highly dangerous and portable put in nomination for the Speakership is recognized for 5 minutes. weapons is a direct threat to the Amer- of the U.S. House of Representatives, Ms. JACKSON-LEE of Texas. Mr. ican people. and another woman who became the Speaker, happy New Year, and con- Securing Russia’s arsenal is a mas- chairwoman of the congressional Re- gratulations to all of my colleagues for sive challenge, but not an impossible publican Conference. Those are historic the beginning of the 108th Congress. one. While the cost of a terrorist at- moments for us, Mr. Speaker, and as I believe that we have an opportunity tack on the United States involving the Democratic chair of the Women’s as we serve in the United States Con- Russian expertise or smuggled Russian Caucus, I am very much enjoyous of gress to make things better and, there- nuclear, chemical, or biological weapon this momentous occasion that has fore, I would like to speak this after- materials are potentially staggering, brought these two women front and noon on the attempt to honor some funding for the simple measures that center to leadership roles. who I believe have made this world a can prevent these attacks is both sen- So as we convene this 108th Congress, better place. So today I will be filing a sible and urgent. Robust, uninter- we should also pause to look at the resolution to express the sense of Con- rupted funding of this very critical pro- other historic notes that were taken gress for a commemorative postage gram would accelerate the progress of today in this esteemed body, as we con- stamp in honor of the late George reducing these attacks on the United vened with two sibling pairs of Mem- Thomas ‘‘Mickey’’ Leland, one of our States and help the Russian Federation bers that have come to this House. The colleagues who fought so valiantly to secure its weapons stockpile. SANCHEZ sisters from California and avoid hunger in this world. As I stand Although the President has broad au- the DIAZ-BALART brothers from Florida here, we are recognizing the emerging thority to use force in the war on ter- will serve simultaneously as teams in famine in Ethiopia, which was one of rorism, ironically he is significantly this Congress, representing diverse dis- the reasons that Congressman Leland constrained in using cooperative means tricts on opposite coasts of this great was in Ethiopia in 1989, to be able to to destroy these weapons of mass de- country. My esteemed colleagues, with thwart the enormous hunger that that struction. Granting the President per- their formidable backgrounds, are all Nation was facing. It will be our chal- manent waiver authority over Nunn- accomplished in their own rights, com- lenge in this Congress to honor him, Lugar certification requirements will ing from immigrant families and immi- but to as well take up the cause that he avoid dangerous delays in this critical grant backgrounds who have truly so valiantly attempted in his work to defense program and prevent Russia’s lived the American dream with hard avoid or to stamp out hunger in the weapons of mass destruction from fall- work, as productive members of soci- world. ing into the wrong hands. ety, giving back and serving the people b 1645 Mr. Speaker, I want to thank my col- of their communities. They have now leagues, the gentleman from South been elected to the U.S. Congress. I hope, as we look at the funding and Carolina (Mr. SPRATT), the gentle- The senior sister, the gentlewoman the issues before us, we will not forget woman from California (Mrs. from California (Ms. LORETTA that we are in fact our brothers’ and TAUSCHER), the gentleman from Texas SANCHEZ), has an MBA from American sisters’ keepers. (Mr. EDWARDS), the gentleman from University and is an accomplished In addition, I am filing today a reso- New York (Mr. CROWLEY), the gen- businesswoman, assisting municipali- lution to name the Department of Vet- tleman from Washington (Mr. ties and private companies in strategic erans Affairs in Houston Hospital as MCDERMOTT), the gentleman from Cali- planning and capital acquisition. The the Michael E. DeBakey Department of fornia (Mr. BERMAN), and the gen- State of California selected her to inde- Veterans Affairs Medical Center. Mi- tleman from Massachusetts (Mr. pendently review the financial status chael E. DeBakey, a famous and re- FRANK), who joined me today as origi- of Orange County’s first toll road to nowned heart surgeon, was also a re- nal cosponsors of this bill. I would like save about $300 million in financing nowned, valiant fighter for America in to also thank Senator RICHARD LUGAR costs. The junior sister, the gentle- World War II. So we believe that this and former Senator Sam Nunn for their woman from California (Ms. LINDA would be an appropriate honoring of foresight and leadership on this issue. I SA´ NCHEZ), with her law degree from such an outstanding leader. look forward to working with my col- UCLA, was a civil rights lawyer and I also intend to file today a bill that leagues during this Congress on this labor activist heading up the Orange will emphasize more mental health very important homeland security County AFL–CIO. services for children and to provide issue. The senior brother, the gentleman more support for our community men- The SPEAKER pro tempore. Under a from Florida (Mr. LINCOLN DIAZ- tal health centers around the Nation. previous order of the House, the gentle- BALART), has a law degree from Cleve- We lost a valiant soldier on behalf of woman from New York (Mrs. MALONEY) land, Ohio’s Case Western Reserve Uni- the mental health needs of this Nation is recognized for 5 minutes. versity, which he used to provide free last year, our dear friend, former Sen- (Mrs. MALONEY addressed the legal service to the poor. The junior ator Paul Wellstone. In his honor I be- House. Her remarks will appear here- brother, the gentleman from Florida lieve that we should continue to fight after in the Extensions of Remarks.) (Mr. MARIO DIAZ-BALART), served in the for the equality of health care as it relates to mental health services, and f Florida State Legislature for 14 years before being elected to serve in this particularly I believe that we should HISTORIC MOMENTS FOR THE Chamber. advocate for the children of this land HOUSE OF REPRESENTATIVES Mr. Speaker, let us welcome all of to have access to mental health serv- The SPEAKER pro tempore. Under a these outstanding freshman Members, ices. previous order of the House, the gentle- these pairs of siblings who have come Over the last couple of years, as the woman from California (Ms. to serve their respective districts, but co-Chair and Chair of the Congres- MILLENDER-MCDONALD) is recognized who have made history, along with the sional Children’s Caucus, my colleague, for 5 minutes. two outstanding women, and may we the gentlewoman from Florida (Ms. Ms. MILLENDER-MCDONALD. Mr. all embrace them as they take their ROS-LEHTINEN), and myself have tried Speaker, I am sure that my colleagues rightful roles. I know that all of us sa- to focus on the needs of children in join me in welcoming the 54 new Mem- lute the Latino community, because America. It has been appalling to

VerDate Dec 13 2002 06:04 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.051 H07PT1 January 7, 2003 CONGRESSIONAL RECORD — HOUSE H27 watch in several States the tragedy of S. 23. An act to provide for a 5-month ex- tigated one Republican President and I, lost children by the children’s protec- tension of the Temporary Extended Unem- early in my career, investigated an- tive services. ployment Compensation Act of 2002 and for a other Democratic President. Later, he I have already filed a bill dealing transition period for individuals receiving served on the Committee on Foreign compensation when the program under such with infant abandonment in hospitals, Act ends. Affairs, and it was his service there and also the question of hospitals at- that led to his lifelong concern for the S. RES. 1 tending to the information or trying to people of the Middle East and to his ef- find family members of abandoned chil- Resolved, That a committee consisting of forts to mediate their conflicts. He cre- two Senators be appointed to join such com- ated the Center for Middle East Peace dren that may be left, or newborn ba- mittee as may be appointed by the House of bies that may be left in hospitals. We Representatives to wait upon the President and Economic Cooperation to assist in will be looking to file a bill dealing of the United States and inform him that a that effort. with and addressing the question of quorum of each House is assembled and that At the funeral service held for Wayne children’s protective services across the Congress is ready to receive any commu- Owens, Gordon B. Hinckley, president the Nation. nications he may be pleased to make. of the Church of Jesus Christ of Latter Let me first of all say that there are S. RES. 2 Day Saints, said of him: ‘‘Any man who many who do good work as part of the Resolved, That the Secretary inform the is engaged in the cause of peace is en- system of protecting our children in House of Representatives that a quorum of gaged in the cause of Christ. By that States across the Nation. Let me ap- the Senate is assembled and that the Senate measure, Wayne was a true Christian.’’ plaud those individuals. Particularly, I is ready to proceed to business. The world is poorer for his passing. I would like to cite the Harris County S. RES. 5 join my colleagues in extending to his Children’s Protective Services that had Resolved, That the House of Representa- wife, Marlene, and his children and worked with me so valiantly on the tives be notified of the election of Ted Ste- grandchildren our deepest sympathy issue of baby abandonment and other vens, a Senator from the State of Alaska, as for his loss, and our profound respect child protection issues. President pro tempore. for their husband, father, and grand- But when there is fault and error, S. RES. 9 father. We will miss him. when there is a circumstance such as Resolved, That the House of Representa- GENERAL LEAVE that that generated the loss of life of a tives be notified of the election of the Honor- Mr. CANNON. Mr. Speaker, I ask 7-year-old boy in New Jersey, and the able Emily J. Reynolds of Tennessee as Sec- unanimous consent that Members have starvation of two very young children, retary of the Senate. 5 days to submit tributes to their we need to address the question of ac- f former colleague. The SPEAKER pro tempore. Is there countability by our children’s protec- TRIBUTE TO THE HONORABLE tive services across the Nation. objection to the request of the gen- WAYNE OWENS, FORMER MEM- tleman from Utah? So I will be filing legislation to re- BER OF CONGRESS FROM UTAH quire an accounting of the children There was no objection. Mr. CANNON. Mr. Speaker, I yield to that are under their jurisdiction, an The SPEAKER pro tempore (Mr. the gentleman from New York (Mr. annual reporting, and a knowledge of LAHOOD). Under the Speaker’s announced policy of January 7, 2003, the HINCHEY). whose possession those children are in. Mr. HINCHEY. Mr. Speaker, I thank Our children are our most precious re- gentleman from Utah (Mr. CANNON) is recognized for 60 minutes as the des- the gentleman for yielding to me, and source, and therefore we need to in- thank him for providing me an oppor- clude legislation to protect them at ignee of the majority leader. Mr. CANNON. Mr. Speaker, as dean tunity to express my deep affection and every opportunity that we have. respect for Wayne Owens and his mem- Mr. Speaker, I will also be filing two of the Utah delegation, it is my sad duty to announce to the House the ory. private bills, and have filed them, one I can say that we were very good passing of the Honorable Wayne Owens, dealing with Gao Zhan, an outstanding friends, even though our tenure here in a former Member of this body and a academic from China, who still at this the House of Representatives did not good friend to many of us. point has not received her citizenship. coincide. He was leaving for the second She was held against her will in China Wayne died unexpectedly just before time, actually, as I was coming in in just a few months ago. We are de- Christmas of a massive heart attack 1993; but we were associated by virtue lighted that she is released, and her while walking on the beach in Tel of the fact that we were interested in husband and son are citizens; and I Aviv, Israel, at the conclusion of a similar issues. Two of those issues hope we will consider her plight. peace-seeking trip to several countries most principally were the protection Let me also say, Mr. Speaker, that I in the Middle East. He was only 65 and preservation of open space in the am filing a private bill on behalf of the years old. State of Utah and peace in the Middle Kesbeh family, who have been in this That Wayne Owens would be involved East. country for almost 12 years and have in that kind of activity as his life It was because of the initiative of made every effort to become citizens, ended is no surprise to those of us who Wayne Owens that I became the spon- and in fact have a 9-year-old daughter. knew him. He spent a significant part sor of a very significant piece of legis- We hope that under the laws of this of his life trying to bring about accom- lation here in the House of Representa- land their case can be considered and modation of the interests and passions tives which would set aside a vast that we will treat them fairly under plaguing that part of the world. amount of publicly owned land in the our laws. Wayne Owens served in this House State of Utah to be incorporated with- Mr. Speaker, I believe we are here to from 1973 to 1975 and again from 1987 to in that property owned by the Federal work, and I hope that my colleagues 1993, representing the people of the Government which is declared wilder- will join me in supporting the legisla- Second District of Utah. His political ness; in other words, affording it the tive initiative that I have put forward career inspired a generation of young highest level of protection for today and, as well, that we will find com- people with his political idealism. He and for future generations. promise and opportunity to work with was a Democrat and he and I differed Future generations is what Wayne those who are unemployed and to pro- on many policy issues, but we never Owens often had in mind, whether he vide an outstanding economic stimulus disagreed on the need for the involve- was working on environmental issues package. ment of the electorate, and especially or working with young people in his f young people, in the art and science of own State of Utah or elsewhere. He was making law. In fact, I might say that also, as we all know, dedicated to the MESSAGE FROM THE SENATE while we disagreed on almost every idea of bringing about peace in the A message from the Senate by Mr. issue, he was never, and I hope I also Middle East between Israelis and Pal- Monahan, one of its clerks, announced was never, disagreeable. estinians and others in that part of the that the Senate has passed bills of the In the House, Wayne served on the world. following titles in which the concur- Committee on the Judiciary, and we He first developed this intense inter- rence of the House is requested: had parallel careers in that he inves- est as a result of his missionary work

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.054 H07PT1 H28 CONGRESSIONAL RECORD — HOUSE January 7, 2003 for the Mormon Church. He was, of Mr. CANNON. Mr. Speaker, I first thinks of you like a brother, an older course, a devout Mormon, and had, as would like to thank the gentleman brother, a very dear person and we will all Mormons do, performed significant from New York (Mr. HINCHEY) for his all miss you very, very much. missionary work on behalf of the Mor- comments. He and I worked closely to- Mr. CANNON. Madam Speaker, I mon Church. It was in that cause that gether on issues that he has picked up want to thank the gentleman from he first became intimately acquainted on, public lands in Utah, from Mr. Florida (Mr. WEXLER) for his kind with the details and difficulties of the Owens; and I want to thank him for his words. circumstances that prevail, and that kind words to our colleague. I will submit for the record a state- have prevailed, for some time in the Mr. Speaker, I yield to the gentleman ment by the gentleman from California Middle East, and which led him to es- from Florida (Mr. WEXLER). (Mr. BERMAN). If I may take a moment tablish the Center for Middle East Mr. WEXLER. Mr. Speaker, I thank to summarize what the gentleman from Peace, which later became the Center the gentleman for yielding to me. It is California (Mr. BERMAN) said. His ideas for Middle East Peace and Economic with a heavy heart that I rise today to are important. Development. honor an outstanding visionary leader, The gentleman from California (Mr. As the director of that center, he led former Member of Congress, and dear BERMAN) served with Mr. Owens in the many of us in this Congress on numer- friend, Wayne Owens. Today is a sad House and pointed out in his comments ous trips to that part of the world, at day in the Middle East and here in our that Mr. Owens was remarkable for the least for two reasons: to better ac- own country, not only because violence broad range of issues with which he quaint Members of Congress with the and terror continue unabated, but also dealt. circumstances that prevail in Israel because one of the greatest believers He goes on to say that Mr. Owens was and the surrounding area, and also to and promoters of peace in the Middle a very effective legislator, and after he enlist us in his work to bring about a East has passed. That man was Wayne left Congress that he was deeply in- peaceful settlement to the political dif- Owens. volved in the Middle East peace proc- ficulties that prevail there. It is with profound respect, admira- ess. One of the reasons why he was so With Wayne Owens I have had the op- tion, and sadness that I wish to pay effective, according to the gentleman portunity to be in Israel on numerous tribute to him today. from California (Mr. BERMAN), is that occasions; also in Beirut, and in Da- all sides accepted him as an honest 1700 mascus; throughout the southern Medi- b broker. And finally, he never stopped terranean: in Tunisia and Morocco, In my tenure as a Member of Con- believing that peace was possible even Egypt, Algeria; and throughout the gress I have traveled with Wayne to in the most difficult times recently in Saudi Arabian Peninsula and the Gulf the Middle East on numerous occa- the Middle East. States, as well. sions, witnessing firsthand his remark- Madam Speaker, I yield to the gen- Always, Wayne was well received by able ability to bridge the gap between tleman from New Mexico (Mr. UDALL). the political leaders of all of those international leaders and promote dia- Mr. UDALL of New Mexico. Madam countries. They were well acquainted logue, understanding and accord. Speaker, I thank the gentleman from with him, they liked him personally, Wayne was the quintessential peace- Utah (Mr. CANNON) for all he has done they understood the devotion and in- maker because he never wavered in his in organizing these words today on the tensity that he brought to his work, steadfast dedication and commitment floor for Wayne Owens. and they respected him deeply for all of to the future of the Middle East. His I just wanted to rise today to say a that. expertise on this issue was the focus of few words about Wayne Owens and his So whenever any of us traveled with his professional life, from his years in service to the United States of Amer- Wayne, we were always treated well by the House of Representatives, to his ica. He was a fine public servant. Many everyone with whom we came into con- time as the President and driving force will talk and some have already about tact, not only because we were Mem- behind the Center for Middle East his tireless efforts for Middle East bers of the Congress, but also because peace. Wayne’s unique efforts pro- peace, but Wayne had an extensive leg- we were traveling with Wayne Owens, moted understanding and communica- islative record here in the House of who they knew and respected in the tion in a time of great uncertainty and Representatives. He fought tirelessly way that I have just described. despair in the Middle East. At a time I and everyone who knew him were to restore endangered species across when hostility, hatred and terror per- deeply shocked at his loss, by the sud- the West. And the issue that I specifi- meated current events, Wayne would denness of his death. He was a man of cally would like to talk about today is such energy and vitality we all could travel to the epicenter of the conflict his bringing justice to the Colorado not help but think that he would go on to encourage diplomacy and peace. plateau uranium miners. for a long, long time doing the very At a time when no one could envision Wayne saw this as a situation with good work that he has done. It is still a resolution to the most contentious the Colorado uranium miners that had hard to believe that he has been taken issues in the Middle East, Wayne con- to have justice be brought to the situa- from us in the midst of his work; but so sistently offered creative answers and tion. And what happened is these ura- it is, and so we miss him and respect an optimistic spin. At a time when nium miners went into mines on the him. doors began to close in the region, Colorado plateau, worked in very dan- I believe that all of us will continue Wayne dedicated the end of his life to gerous, dirty air mines. There were to show that respect by continuing our opening the channels of peace, bringing high radon levels, as the gentleman devotion to the cause to which he in American ideals to the region, and of- from Utah (Mr. CANNON) knows. He has fact devoted his life, and that is, the fering a glimmer of hope to leaders and worked on this very issue. The govern- cause of bringing peace to the Middle people in the Middle East. ment knew these levels were very high. East. Wayne Owens was a truly remarkable Government doctors did reports and I thank Wayne Owens, and I want to man who leaves behind a legacy of doctors issued studies, but nobody told also at this moment express my deep compassion, leadership and hope. the uranium miners that there was appreciation to his wife and his family, Wayne was a beautiful soul, an ex- really a problem. And so many years who suffered, I guess is the best way to tremely kind man who loved his family they continued to work in these ura- put it, his work. They allowed him to and cherished life dearly. I wish to con- nium mines, 10 or 15 years in these carry it on. They knew he was doing, in vey my deepest condolences to his wife dirty air mines. effect, the Lord’s work. He was doing Marlene and the rest of Wayne’s family As many of us know, when you con- work that they appreciated and under- and offer my wholehearted sympathy tract radon in a uranium mine and it is stood. I want to express my apprecia- at this most difficult time. Wayne’s at high levels what ends up happening tion to his wife and family for allowing contributions to history will be forever is 10 or 15 years down the line you get him to do all the good things that he remembered as will his unyielding lung cancer, and that is in fact what did. dream of harmony and peace. Wayne, happened on the Colorado plateau, an We miss him very, very deeply, we you will be missed by those who care epidemic of lung cancer. Lawsuits were admire him, and we feel deeply his loss. for you, and I consider myself one that brought on behalf of these uranium

VerDate Dec 13 2002 06:04 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.056 H07PT1 January 7, 2003 CONGRESSIONAL RECORD — HOUSE H29 miners but many of them were unsuc- physically. He had tremendous cour- Wayne was one of the most selfless cessful. My father was one of the ones, age. That courage came from the per- people I had met who served in this Stewart Udall, that brought many of sonal belief in what he was doing. He body. He had a wonderful sense of the lawsuits and represented the min- put his own safety far below the impor- humor, a very strong sense of convic- ers. He just told me the other day when tance of what he knew needed to be tion, and something that I really came we learned of Wayne’s death, he said, if done in bringing about peace and rec- to appreciate more in the most recent it had not been for Wayne at that par- onciliation in one of the world’s most trip to the Middle East, just a certain ticular point when the miners lost conflicted parts. He found ways to genius about him, a remarkable level their lawsuits, when the families were build bridges. He loved people on both of insight into people, people of all discouraged, when they thought there sides and found that commonality and kinds, people who never could have was going to be no justice, it was worked on that commonality. been in the same room with one an- Wayne Owens that picked up the fight. And I want to quote from somebody other, on different sides of the Israeli- And he went out and held hearings and that not only founded the Center for Palestinian conflict, on different sides he involved TED KENNEDY and BARNEY Middle East Peace and Economic Co- of other issues that separated us from operation but was a very close friend of FRANK and the Committee on the Judi- countries like Syria and Saudi Arabia. ciary and brought justice to this situa- Wayne’s, an intimate friend of But Wayne truly believed in people tion by helping pass a piece of legisla- Wayne’s. They shared objectives. They and I think did his best to see the best tion known as the Radiation Exposure loved each other. And that is Danny in everyone he met and to draw that Compensation Act. And many families Abraham. Danny sent out a letter from out, and I think that Wayne played a the Center for Middle East Peace and today in Utah and across the Colorado very important role in the diplomacy Economic Cooperation. I want to quote plateau are now in much better shape of this country in having some pain- from it. He says with regard to Wayne, because of Wayne Owens’ efforts on fully direct and difficult conversations ‘‘He was respected, loved and cherished that piece of legislation. with the heads of states in some of All of us here in the House of Rep- by all who knew him. Wayne’s single- these Arab nations and having some minded devotion to continued dialogue resentatives, I believe, miss Wayne very frank and constructive conversa- and peace between Israelis and Arabs very much and miss his contributions. tions with the officials in the Israeli in the Middle East, even in the most We want to give our heartfelt condo- government. challenging of circumstances, gave us lences to his wife Marlene and his fam- Wayne Owens knew an awful lot the hope and courage we could have ily, and we want to thank Wayne for about the Middle East and really would never found on our own. Wayne never his service, his great service to the have been entitled to have been incred- faltered from his dream that one day country. ibly very cynical about what is hap- Israelis and Arabs would live in peace Mr. CANNON. As the gentleman from pening over there right now, even hope- and he had the magic, the gift of nur- less, as many well-intentioned wise New Mexico (Mr. UDALL) knows, my turing that dream in everyone he met. first job as a lawyer, Madam Speaker, people are. But Wayne, like a lot of My beloved friend Wayne was a true was with his father working on these leaders who have made this country servant of peace and he lived and died very cases that we are talking about. It great and the world great, was an in- serving humanity. May Wayne Owens’ was one of the great experiences of my curable optimist, and he til his dying life, his dedication and belief in us not life, and it is one of many of the areas day never stopped radiating the hope be wasted. Together we must recommit where Congressman Owens and I had a that he had that the better angels, as ourselves to the pursuit of peace.’’ Abraham Lincoln would have put it, of great deal in common. That will be Wayne’s legacy, to help I came to represent many of the peo- all the people he had come in contact us recommit ourselves in the pursuit of ple who were effected by the radon with would ultimately prevail, and the noblest objectives that he com- from the uranium mines. In fact, there that the United States would in the mitted his life to. Again I want to end play an important role in bringing is a whole town of widows, Minersville, thank my friend and colleague from Utah, which was part of my district about peace and tranquility in the Utah (Mr. CANNON). Let us memorialize Arab-Israeli dispute. until recently. So this has been a very Wayne in the actions that we take to I always thought to myself that if important part of my life and one of further the vision that he had for there ever had been or could be an elec- reasons I appreciate the life and serv- peace, not only in the Middle East but tion to choose the mayor of the Middle ice of Mr. OWENS. throughout the world. East, my candidate would have been Madam Speaker, I yield to the gen- Mr. CANNON. Madam Speaker, I Wayne Owens. In the last trip that the tleman from Virginia (Mr. MORAN). would like to thank my friend and col- gentleman from North Carolina (Mr. Mr. MORAN of Virginia. Madam league, the gentleman from Virginia PRICE) and I took, at every major air- Speaker, I thank my friend and col- (Mr. MORAN), for his kind words with port we passed through in the Middle league from Utah for yielding to me. I regard to my dear friend, Mr. Owens. East, Wayne ran into people that knew knew Wayne, particularly having had Madam Speaker, I would like to yield him, respected him, who loved him, the opportunity to travel to the Middle to the gentleman from Florida (Mr. who had not seen him in 10 years be- East with him, and one thing that DAVIS). cause Wayne was one of those people struck anyone who got to know him Mr. DAVIS of Florida. Madam Speak- that you never forgot. was how profoundly proud he was of er, I thank the gentleman for yielding I have to say that as a United States having served in this institution. He to me. I had just before Christmas re- citizen, I was proud and will always be served as an aide to Bobby Kennedy turned to Florida from a 10-day trip to proud not just to call Wayne Owens my and to others. He worked in a number the Middle East with Wayne Owens and friend and someone who has helped de- of political campaigns. Politics was his the gentleman from North Carolina velop me, but someone who I think rep- life. But he saw politics as an instru- (Mr. PRICE), who will speak shortly, as resented the best things about our ment to do good, to make lasting and well as Danny Abraham with the Cen- country in a part of the world where positive change. ter. And I wanted to start by thanking people are judging us very carefully, to His colleagues from Utah have talked Wayne’s family and the people of Utah see what we are made of and whether about the environmental progress that for sharing him with us, citizens of the we really live up to the things that we he was able to achieve. He did any United States, Members of Congress, say our country stands for because number of things in bringing diverse the many people who were touched by Wayne represented the very best of this groups together. But I have to believe Wayne. country. as his lifelong career pursuit, at least Wayne was a wonderful husband, a the latter part of his life, was dedicated wonderful father, a wonderful citizen b 1715 to bringing about peace in the Middle and he gave so much because the peo- He has set a standard for diplomacy East. He founded the Center for Middle ple of Utah saw fit to send him to Con- that we will all have to work very hard East Peace and Economic Cooperation. gress to equip him with the knowledge to live up to. He took a great many risks, not just that he used through the last minute of Wayne Owens’ untimely death on the personally and politically, but even his life. shores of Tel Aviv is tragic but perhaps

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.058 H07PT1 H30 CONGRESSIONAL RECORD — HOUSE January 7, 2003 the place where Wayne would have cho- This was hardly a predictable path in As a middle-ranking member of this sen, in between the United States, his terms of his personal and professional House, I have found such repeated vis- beloved home of Utah, and on the shore background, but it was one to which he its, and my work with Wayne and the of a country he loved dearly. was drawn by his experience on the center generally, invaluable as a Wayne’s tragic, premature death House Foreign Affairs Committee, his source of information and insight and gives us another reason to do what friendship with Daniel Abraham, with as an avenue for engagement. Wayne Owens would have asked us to whom he organized the Center for Mid- Wayne was passionately committed do if he were standing here today, and dle East Peace in 1989, and by his vi- to the security and integrity of Israel that is, to recommit ourselves to peace sion of what a small, independent and and to justice and self-determination in the Middle East, to serve as an hon- creative organization might achieve in for the Palestinians. He understood est broker, to stand for the values that this political and policy thicket. well the relation between those two have helped this country get to where Wayne, Danny Abraham, and the var- and the unlikelihood of forward move- it is today, to bring about a Pales- ious Middle East hands and political ment without persistent American en- tinian state that respects the security leaders working with the Center were gagement. of Israel, to help the Palestinians find actively involved in the discussions The achievement of a comprehensive a way to govern themselves, bring the leading to the Madrid and Oslo agree- peace among Israel and its neighbors is terror to an end and give the Israelis ments, and they found numerous ways a compelling cause in its own right, the chance to live the dream they have of encouraging the Israeli-Syrian and but it is one given additional urgency always had in that part of the world. Israeli-Palestinian negotiations of the by the need for regional cooperation Let us renew ourselves to the cause 1990s. Wayne was haunted by the and support in combating terrorism of peace in the Middle East. It is an- knowledge of how close to resolution and in disarming Iraq. other way that we can honor Wayne those efforts had come only to collapse With Wayne Owens’ passing, we have Owens, and I want to thank the gen- into distrust and violence. He had few lost one of our country’s most deter- tleman from Utah (Mr. CANNON) and illusions about the obstacles to getting mined and resourceful contributors to the gentleman from Utah (Mr. MATHE- peace negotiations back on track. Still this cause. It is critically important SON) for all the things they have done he persevered, always looking for the for those of us who understand the in Utah today and will be doing in the openings, the confluences of interest, value of his work to find ways to carry future to honor Wayne Owens, and we the glimmers of hope that could be it forward. are all blessed in that. acted and built upon. He was one of the Mr. CANNON. Madam Speaker, I Mr. CANNON. Madam Speaker, I most determined and dedicated persons thank the gentleman from North Caro- thank the gentleman from Florida, and I have ever known. lina for his kind comments and now I would now yield to the gentleman Wayne’s approach was mirrored in yield to the gentlewoman from Cali- from North Carolina (Mr. PRICE). the trip we took in December. We met fornia (Mrs. CAPPS). Mr. PRICE of North Carolina. Madam with the heads of state in Syria, Leb- Mrs. CAPPS. Madam Speaker, let me Speaker, I thank the gentleman for anon, and Israel, demonstrating again first thank the gentleman from Utah calling this Special Order today and for the remarkable access and the rela- and all of his colleagues from Utah for his and the gentleman from Utah’s (Mr. tionships of respect that Wayne and bringing this resolution to the floor, MATHESON) efforts to make certain col- the Center had developed across the po- for their wonderful and warm words leagues have an opportunity to pay litical spectrum in Israel, in the Pales- about Wayne Owens; and I wish to ex- tribute to our dear friend Wayne tinian community, and in most Arab tend my condolences to his family, his Owens. states. But many of our visits were wife, Marlene, his five children and 14 Madam Speaker, Wayne Owens bade more narrowly targeted to learn about grandchildren. the gentleman from Florida (Mr. and to encourage promising initiatives Unlike many in this Chamber, I was DAVIS) and me farewell on December that are under way. only privileged to know Wayne Owens 17th after we had traveled through the For example, we met in Cairo with a very short time; but in the weeks Middle East together for 7 intense Chief of Intelligence General Omar since he has died, I have learned a days. He planned to take that same Seuliman regarding the next round of great deal about this man and his ca- flight the next evening. But the next cease-fire talks to be brokered by reer, how he campaigned in 1972 by day Wayne suffered a massive heart at- Egypt among Hamas, Fatah, and pos- walking his entire district, about his tack, collapsed and died while walking sibly other groups. We then visited courageous vote in the Judiciary Com- on the beach in Tel Aviv. chief Palestinian Authority negotiator mittee to impeach President Nixon, Our shock and consternation upon Abu Mazen on the day it was deter- about his commitment to environ- hearing the news a mere 24 hours after mined that he would personally attend mental protection which was way he had put us on that flight were acute, this second round. ahead of its time, and such a tribute to but these emotions were widely shared We met with Palestinian Authority the land he represented in Congress. among Wayne’s many friends, the Utah Finance Minister Salam Fayyad re- I came to know Wayne Owens be- constituents he served during two dis- garding financial and budget reform, cause of his work on another important tinguished stints in the United States where there has been enough progress issue, the cause of Middle East peace. House of Representatives, and the ad- to allow the U.S. to broker the release As a Member of Congress and as a mirers of his path-breaking work since of a first installment of Palestinian founder of the Center for Middle East 1989 with the Center for Middle East Authority revenues impounded by Peace, Wayne Owens never lost sight of Peace and Economic Cooperation. Israel. his dream, that one day Israelis and Wayne’s background included 6 years We talked with Sari Nusseibeh, head Arabs would put down their weapons of service for the Church of Jesus of Jerusalem Affairs for the PLO, and take up the mantle of peace. Christ of Latter Day Saints, including about the back-channel, unofficial Because of Wayne’s decency and fair- work as a missionary in France. In peace initiatives undertaken by him mindedness, he was a rare Middle East Washington, he served on the staffs of and others. expert with credibility in the American Senators Frank Moss, Robert Kennedy, Wayne specialized in discussions of Jewish and the American Arab commu- and EDWARD KENNEDY. He gave up his these sorts, which bore witness to his nities. He was respected by Israelis and House seat for an unsuccessful Senate remarkable understanding of the poli- Palestinians alike. race in 1974 and then returned to the tics of the region and of the many fac- Wayne Owens was the right mes- House in the class of 1986, where I and ets of peacemaking, his conviction that senger with the right message, that it others in that class came to know him fact-finding for himself or others re- is in the United States’ interests to as an accomplished and supportive col- quired diverse sources, and his realiza- vigorously pursue peace with Israelis league. tion that the encouragement offered, and Palestinians; that the cycle of un- He left for another Senate run in 1992 the feedback given, the information ex- speakable violence, illustrated so hor- but in the meantime had found his true changed, in such off-the-record sessions ribly just 2 days ago in Tel Aviv, will calling in his work in the Middle East. could be significant. only be broken through a negotiated

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.060 H07PT1 January 7, 2003 CONGRESSIONAL RECORD — HOUSE H31 settlement; that Israelis deserve to live In 1989, he cofounded the Center for He is survived by his wife, Marlene, five in security, and Palestinians in dig- Middle East Peace and Economic Co- children, two sisters, a brother and 14 grand- nity, side by side in two sovereign operation here in our Nation’s capital children. states. and established working relationships Mr. CANNON. Madam Speaker, I How touching it was that Wayne with leaders from Jordan, Egypt, thank the gentlewoman from Ohio. If I Owens passed away while accom- Israel, Palestine, Saudi Arabia and was might make a couple of comments on panying these two of our colleagues making a difference for all of us as the things she said. who have just spoken on one of his world and our own country is perched I was thinking during this discussion countless missions to the region, that on the verge of war in that region. He that Mr. Owens spent a tenth of his life he passed away on the soil of the land was trying to show us a different path. as a Mormon missionary. That is a re- he loved so much. He was not afraid of hard work in his markable commitment. Three years as In my last conversation with Wayne, own life. I mean, from the time he a missionary and another 3 years as a we agreed that I would travel with him washed dishes to work his way through mission president for the Church of to the Middle East early this year, and school, to walking across his own State Jesus Christ of Latter Day Saints. although we will not take that trip to- in the entire second congressional dis- In addition, the gentlewoman men- gether, I hope to honor, in my own trict and winning election here, this tioned he could have easily spent his way, the memory of this great man and was a man who endured and who rose time on a ski slope. And in fact, in his legacy by continuing on this path. above common effort to heroic level to Utah, with all due respect to some of That path will bring us to the day try to help the world, to remove from the other States who pretend, we actu- when we can take up and we will wake the television every evening those ter- ally have the best skiing in the world. up to the dawn of Middle East peace. rible images of death in the Middle So he could easily have taken advan- I thank my colleagues again for re- East that infect every child in every tage of that. membering their cherished colleagues nation on Earth, certainly our own. In fact, I was talking to the gen- in this fitting tribute. He did the State To his family, may I please extend tleman from Wisconsin (Mr. OBEY) a of Utah proud. His legacy gives pride to the deepest sympathy of the people of few moments ago, who will speak in a our Nation, and his message of nego- our community. I had the great honor couple of minutes, in fact I think he is tiated settlement for peace gives hope of being able to work with Wayne in next, and he mentioned how healthy to our world. our efforts here to find a peaceful road Wayne was. The fact is he was a Mr. CANNON. Madam Speaker, I in the Middle East. I am forever in- healthy, robust, happy, thoughtful per- thank the gentlewoman for her kind debted to him, to the organization that son who could have spent his life skiing words. It dawned on me during her dis- he founded and to the friendships that or doing other things that he would cussion that Congressman Owens has he made on both sides of the aisle that have enjoyed and I know he did enjoy. been away from this body for 8 years; helped us find a better way forward. But rather than do that, he chose to do and yet many, many people have taken As mission president for the Church things that were difficult, that were time at an awkward hour, on an impor- of Jesus Christ of Latter Day Saints in very difficult, and, frankly, very im- tant day, to express their appreciation Montreal, Canada, for 3 years, Wayne portant. for him and his work, and I hope that Owens took his own peace quest to a Madam Speaker, I yield to the gen- this is the kind of thing that his family much higher level and took it to tleman from Wisconsin (Mr. OBEY). will appreciate and understand and un- ground zero in the battle for peace in Mr. OBEY. Madam Speaker, I thank derstand the depth of the value he the Middle East. the gentleman for yielding to me. I was brought to this institution. horrified to learn of Wayne Owens’ Madam Speaker, I would yield to the b 1730 death last week when I was at C–SPAN, gentlewoman from Ohio (Ms. KAPTUR). Madam Speaker, I will place in the Ms. KAPTUR. Madam speaker, I RECORD an article that was in Roll Call just about to go on their morning pro- want to thank the gentleman from this week in his honor and also thank gram, and saw the news come across the bottom of the screen that Wayne Utah (Mr. CANNON) very much for his the gentleman from Utah very much leadership in assembling this tribute for yielding to me this evening. had died the day before. Wayne and I were neighbors when I this evening on behalf of our beloved FORMER REPRESENTATIVE OWENS DIES colleague Wayne Owens who passed, as (By Bree Hocking) was first elected to Congress. He and others have said, in Tel Aviv, as a wit- Wayne Owens, a relentless advocate for his wife lived right next door to my ness for peace, and I would like to en- Arab-Israeli peace and former Democratic wife and I in Arlington in rented courage my friend, the gentleman from Representative from Utah, died Dec. 18 while homes. He was then chief staff assist- Utah (Mr. CANNON), to consider perhaps walking on a beach in Tel Aviv. ant to Senator KENNEDY. I got to know Owens, who was 65, succumbed to a mas- in Congressman Owens’ memory that Wayne first as a friend and then I got sive heart attack while traveling with a Con- to know him as an even stronger friend we, on a bipartisan basis, might create, gressional delegation to the region. as the gentlewoman from California The four-term Congressman served in the when he became a colleague of so many (Mrs. CAPPS) has very wisely suggested, House from 1973 to 1975 and from 1987 to 1993, of us in the House. And after he left a Middle Eastern study group oriented representing the Salt Lake city area. this House, as has been mentioned, he toward peace in that region and to do During his Congressional career, he made devoted a good deal of his time to the two unsuccessful bids for the Senate. In 1974, cause of peace, especially in the Middle so on a bipartisan basis, naming it he lost to Republican Jake Garn and in 1992 after Congressman Owens who showed East. he was defeated by Sen. Bob Bennett (R– He was a strongly religious man. He us the way in that troubled and war- Utah). He also ran unsuccessfully for gov- torn region of the world. ernor of the Beehive State in 1984. prided himself on being a Christian and He was walking the path to peace and A devout Mormon, Owens served as presi- he took the responsibilities that come peace requires heroes and it requires dent of the Montreal mission for the Church with that very seriously. One of those heroics; and Wayne Owens, for our Na- of Jesus Christ of Latter-day Saints in the responsibilities, in his view, was the tion, is such a hero. My heart goes out mid- to late 1970s. obligation that all of us have as the Despite his liberal credentials—he was the more comfortable members of the to his wife, Marlene, his five children, Western states coordinator for the presi- two sisters, a brother, 14 grandchildren dential bids of both Robert Kennedy and human race on this planet to reach out who truly have a hero to admire. now-Sen. Edward Kennedy (D–Mass.), and to try to help those who are not in such At age 65 he did not have to go on also was a staffer to the later Kennedy— comfortable circumstances. He would that painstaking journey, 7 days of in- Owens was admired by Members from both have been appalled to see the lack of a tensive work, trying to find those key- sides of the aisle for his tireless work for sense of shared sacrifice that so often holes to peace, and yet he did that. He peace in the Middle East. In 1989, he co- permeates what political leaders do could have been living a comfortable founded the Center for Middle East Peace these days. life in some condo on some ski slope and Economic cooperation and served as its But he never forgot his obligations to president. enjoying himself, but his whole life Owens attended the University of Utah, himself, to his maker, and to his fellow showed that Wayne Owens was not latter earning a law degree from that insti- man to take into account always the afraid of hard work. tution. needs of others. He was one of the least

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.062 H07PT1 H32 CONGRESSIONAL RECORD — HOUSE January 7, 2003 selfish human beings I have ever life. It was a time when he had invested big and would relentlessly and tire- known, and he believed passionately so much time and effort in terms of ex- lessly pursue issues. But what I will that in the Middle East, the center of amining that issue because he under- also remember is what I pointed out at so many of the world’s religions, that stood the gravity of the situation. This the start of these comments. This was there ought to be a way to bring the was not a partisan effort. And I remem- someone who was incredibly genuine parties closer to each other to avoid ber talking to Wayne about the stories and would listen to people and took the the violence and bloodshed that has of when he actually voted out those ar- public trust very seriously. It is the plagued that region of the world for so ticles of impeachment, about he and type of approach to the job that I think long. his colleagues walking out of the room we can all learn from, and I think we He is a tremendous loss not just to with tears coming down their faces be- can do no better activity to honor his family, but to all of us who took cause they recognized what a difficult Wayne than to follow in that way in daily inspiration from his lack of cyni- circumstance that was for this coun- terms of how we approach this job. cism and his profound human decency. try. Mr. CANNON. Madam Speaker, I I thank the gentleman very much for I think that was one instance where thank the gentleman from Utah (Mr. holding this special order, and I appre- Congress behaved in a professional MATHESON) for his kind words and for ciate also the comments of my col- way, and it showed the strength of this his help in organizing this event for leagues in tribute to this wonderful country that we were able to move on Congressman Owens, who preceded him man. from that circumstance, and Wayne sometime ago in his Second District of Mr. CANNON. Madam Speaker, I Owens was an important player in that Utah. thank the gentleman from Wisconsin. I process. The last time I spent some time with did not think about it until he spoke, It was mentioned earlier about how Wayne Owens was the evening of one of but it occurs to me that he did not he advocated for victims of radiation the sniper attacks in northern Virginia spend a tenth of his life doing mis- exposure. When Wayne was not in Con- here and the freeways were shut down. sionary work, but when we consider gress, when he was an attorney, he rep- Wayne and I flew in together and the religious zeal he brought to the resented victims of radiation exposure, shared a taxicab into town and I had Middle East, it was probably more like the widows of the miners that worked the pleasure of spending 2 hours with two-tenths or a third of his life in these in the uranium mines, the people who him. difficult and selfless aspirations. were told this was safe when it was not. The nice thing is the government Madam Speaker, I now yield to the And that work in private life is an- only paid the normal fee because we gentleman from Utah (Mr. MATHESON). other example of a guy who acted in split the taxicab fee, but it was one of Mr. MATHESON. Madam Speaker, I the context of service, and when he got the more pleasant periods of time I want to thank my colleague, the gen- to Congress he continued with that and have spent. We talked about many tleman from Utah (Mr. CANNON). pushed ahead with the Radiation Expo- issues and talked about many things. I first met Wayne Owens when I was sure Compensation Act. We talked about the issues we had 12 years old. He was running for Con- This was a critical issue that forced worked together on and the issues we gress in 1972 in the State of Utah and the Federal Government to acknowl- disagreed on. It was a fine experience he took the State by storm. He walked edge it had lied to people and exposed from my perspective. over 700 miles during that campaign. people to dangerous radiation through The gentleman from Utah (Mr. And the walking was not just a gim- open air testing of nuclear weapons in MATHESON) mentioned that Wayne mick. The walking was an indication of southern Nevada and also through the Owens was a person who caused you to the fact that Wayne Owens genuinely, uranium mining activities; an impor- work. I worked for Wayne Owens when genuinely wanted to get to know the tant issue for people throughout the he was a professor of law and I took a people of whom he was asking for a Colorado plateau. class from him. I worked against him vote and the people who he was going As I have gone through these com- in some of his campaigns. I was won- to represent. ments, what strikes me is the fact that dering about the 12-year-old and I think throughout his life, with all Wayne Owens was a guy who always whether I was actually engaged or not. of the great goals that Wayne tried to had big goals and big objectives, I think, in fact, I am a little older than achieve and the big picture and the big whether it was trying to address a the gentleman from the Second Dis- items he pursued, he never lost that wrong that the Federal Government trict, and will have to do the math notion of relating to the individual per- had committed and force them to later to see who had known Mr. OWENS son, to the common man. That is some- admit culpability, whether it was other longer. He was a dear friend for as long thing we here in this House should re- issues we have heard about today, like as I can remember. member as we look back on Wayne’s pursuing peace in the Middle East, We did work against each other on life. whether it was pursuing a tremendous campaigns. We both suffered through a I had the opportunity to be a cam- change in public lands policy in Utah, remarkable experience of investigating paign manager for Wayne Owens during with Wayne’s vision of a wilderness a President, and he and I developed a one of his elections. It was an excep- designation in that State. And there deep bond of shared experience there. tional opportunity, a challenging op- were other big goals and lofty dreams We both worked together on the portunity, because Wayne, again, al- that Wayne Owens pursued, some of downwinders issue. That was my first ways liked to dream big and he would which are successful today, and some job in law school, was working on that ask a lot of the people who worked for of which the work is going to go on issue with the father of the gentleman him. He pushed people beyond what past Wayne’s activity in regard to from New Mexico (Mr. UDALL), Stewart they thought they could do. And as those issues. Significant issues. Udall. And it was wonderful that someone who was rather young at the I could go on and on. The Central Wayne picked that up and made that time, I got to be a campaign manager, Utah Water Project, a project that had work. and that was something that was a sig- been involved with Federal funding for We both shared a deep, deep love for nificant development in my own life. many, many years but it was going in the beautiful public lands of Utah. He So I considered Wayne a friend, a men- the wrong direction. Wayne was part of traveled those lands, I traveled those tor, I considered him my Congressman, a group that pulled people together lands, yet we had very distinct dif- and I am pleased to occupy the Second from the sportsmen community, from ferences on how those should be man- Congressional District office that the conservation community, from the aged. We shared a kinship, however, Wayne once represented so well. agriculture community, and they com- based upon one of the things that be- When Wayne came to Congress the pleted the Central Utah Water Project came a hallmark of his life, and that first time he happened to be on the as a Member of Congress in 1991, a sig- was, from my perspective, wonderful. Committee on the Judiciary, and he nificant issue that moved the State of He was a friend. was involved in the impeachment proc- Utah forward. I am richer from my experience in ess with then President Nixon. That That is the Wayne Owens I am going knowing Wayne Owens, and we as an was an exceptional period in Wayne’s to remember, a guy who would dream institution and as a country are poorer

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.064 H07PT1 January 7, 2003 CONGRESSIONAL RECORD — HOUSE H33 for his passing. I would like Marlene sionate man who believed that all people de- b 1745 and the children and grandchildren to serve to be treated with respect and dignity. If we look at other indicators, busi- know how much we cared for him. I Wayne was also a true patriot. He loved his ness investment since the first quarter hope that this hour that we have spent country and he believed that our values of of 2001, that is down 10 percent. If I talking about him will help them un- freedom, prosperity, and tolerance should be look at the budget outlook, that has derstand the deep, deep effect he had shared with the entire world, particularly the deteriorated by $5 trillion since Janu- on our lives and on the course of Amer- Middle East. ary 2001. ican history, on the course of how we But what makes this moment most painful I do not need to show the statistics. deal with our public lands and how we for me is that Wayne Owens was my friend. Members are aware that the stock mar- deal with individuals. He was a true champion of peace, and he ket has declined considerably, unem- Mr. BERMAN. Madam Speaker, I rise to pay lived and died serving humanity. He will be ployment is up, the budget surplus that tribute to the life and work of Wayne Owens missed dearly. existed during the Clinton administra- and to send my regards and sympathy to his f tion which was the first time in almost wife, Marlene and his children and grand- THE ECONOMY 20 years that we had actually turned children. around a budget deficit and we had a I had the privilege of serving with Wayne in The SPEAKER pro tempore (Mrs. budget surplus, and that meant that we the House, and I quickly developed a great BIGGERT). Under the Speaker’s an- were paying down the debt and more admiration for his hard work, integrity and nounced policy of January 7, 2003, the jobs were being created and Americans dedication to good public policy. We served gentleman from New Jersey (Mr. had more money and long-term inter- together on the House Foreign Affairs Com- PALLONE) is recognized for 60 minutes est rates were down because of the sur- mittee, where he focused his attention on the as the designee of the minority leader. plus. In the last 2 years during the Middle East. Mr. PALLONE. Madam Speaker, I term of this Republican President, we Wayne was active on a broad range of take to the floor this evening for the have seen that situation go the other issues, and while he spent much of his career first day of the new Congress basically way. We now have a budget deficit that focused on weighty matters of international af- to talk about the economy and my con- is something like $150 billion, and we fairs, he never lost sight of the issues that cern about the fact that the Repub- anticipate that it will only get worse. mattered most to people in his home state of lican majority, President Bush and the It is only going to get worse unless Utah. Republican majority now in both the Wayne was a very effective legislator, and House and the other body, really are something is done in this Congress to he earned the great respect of Members on not doing anything, in my opinion, to turn it around. The sad thing is when I both sides of the aisle for his willingness to address the downturn in the economy, listen to some of the suggestions that put politics aside and tackle the important the loss of jobs, the loss of production. have been coming out of the White issues of the day. It is of a great deal of concern to me House in the last few weeks, including After Wayne left Congress I continued to and I know to my constituents. This is today, I am concerned that their pro- have the pleasure of working with him on the their number one concern, what is this posal continues this country down the Middle East peace process. Congress and what is this President path of larger tax cuts for the wealthy, As President of the non-profit Center for going to do to turn the economy for corporate interests, and larger defi- Middle East Peace, Wayne worked tirelessly around. Today is a very important day cits that are only going to make the to promote continued dialogue between Arabs in that regard, because the President economic situation worse instead of and Israelis in the Middle East. His goal was today, in Chicago, we understand, is better. to help build economic interaction between unveiling his economic stimulus pack- One of the things by way of back- Israel and her Arab and Palestinian neighbors age, what he claims will be the answer ground that really bothers me in terms and through that work, to support and promote to try to revive the economy. Every in- of what comes out of this Republican the peace process. He spent much of the last dication that we have had so far, as White House is the notion that some- decade meeting with leaders in the region try- Democrats, is that his proposal will how the recession began under the pre- ing to foster peace through economic develop- not do anything significant to turn the vious administration and that the re- ment. economic situation around, will not cession is not a product of the Bush ad- He was very effective in this role because create more jobs. It is primarily a plan ministration. Again, let me give some all sides accepted him as an honest broker. that benefits the wealthy, the cor- information on that. The National Bu- Even over the last couple of years, when porate interests, and does very little, reau of Economic Research, Business many others gave up hope that Israelis and certainly very little in the next year or Cycle Dating Committee, and this is a Palestinians would ever be able to resolve two, that would make any difference in direct quote, ‘‘In November 2001, the their differences, Wayne continued his work to terms of the economic situation in the committee determined that the peak in find common ground. United States and the world. business activity occurred in the He was often frustrated—as we all are from Sometimes I think that the White United States economy in March 2001.’’ time to time—and he understood the realities House and the Republican leadership in A peak marks the end of an expansion on the ground, but he never stopped believing both Houses here would like us to and the beginning of a recession. The that peace was possible. think that the situation is not that bad determination of a peak date in March We will sorely miss Wayne, and his dedica- and so maybe we do not have to do is, thus, a determination that the ex- tion and creativity. As we work toward a just, much in Congress because the eco- pansion that began in March 1991 ended lasting, and comprehensive peace in the Mid- nomic outlook really is not that bad. in March 2001, and a recession began in dle East, may we remember Wayne’s life and Let me assure them that that is cer- March of that 2001. works and let every action we perform be a tainly not the case. It certainly is not So essentially we had 10 years of in- tribute to his memory. the case with my constituents in New creased economic activity, of growth, Mr. ISSA. Madam Speaker, I rise tonight to Jersey and it certainly is not the case and that ended in March of the first remember the life and work of former Con- with any of my fellow Democrats that year that President Bush took office gressman Wayne Owens. I did not know I talked to today or in the last couple after a 10-year expansion that included Wayne when he was a member of this body: of days since we have returned and the entire time that President Clinton I met him two years ago when he came to my since the swearing in. was the President of the United States. office asking me to support the Middle East Just to give some idea, and I will not I do not come here because I want to peace process. talk too long about this, Madam talk about who did this or who did Wayne’s tireless commitment to Middle East Speaker, but since January 2001, when that, but the bottom line is for Mem- peace, his willingness to reach across party President Bush first took office, pri- bers to suggest that we are not in a bad lines, to go anywhere, and to talk to anyone, vate sector employment has been re- situation economically today, by any has been a source of inspiration to all who be- duced by 2.1 million jobs. The number indicator we clearly are, and clearly lieve that Arabs and Israelis will one day live of jobs that have been lost in that pe- this recession began under President together in peace and security. He was a riod now, which is essentially 2 years, Bush and has only gotten worse in the study in moderation and tolerance, a compas- is over 2 million in the United States. 2 years he has been in office.

VerDate Dec 13 2002 05:39 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.066 H07PT1 H34 CONGRESSIONAL RECORD — HOUSE January 7, 2003 Now what is the President proposing but as became all too apparent in the omy by funding homeland defense; and, and why is he proposing what he is pro- financial bubble of the late 1990s, the last, devote every penny to short-term posing today? Well, he claims that he Tax Code currently contains some per- stimulus. is trying to put together an economic verse incentives for companies to be- We are not interested in looking stimulus package that essentially will coming overly indebted and to manipu- right now at how something is going to turn the economy around, create more late their short-term stock price, in- impact 10 years from now. We need to jobs, get consumer spending up and im- stead of paying dividends as a form of get people back to work. We need to prove the business cycle. prudent profit sharing. put money in consumers’ pockets, and If we look at what he actually has The editorial continues: ‘‘If Mr. we need to make sure whatever we do proposed, it is more of the same. It is Bush’s mind had been on the long-term does not have any ballooning effect and more tax cuts, permanent tax cuts pri- economy rather than on politics, he create more of a deficit down the road marily for the wealthy. He thinks that might have listened to the advice of his in 2 or 3 years. he is going to turn the stock market former Treasury Secretary, Paul What the Democrats have proposed around by a full exclusion of dividends; O’Neill, and dropped the idea of further in that regard is very detailed, but I but, the bottom line is, again, that is tax cuts altogether. But Mr. O’Neill is wanted to just go over some of the only going to help wealthy people. a former Treasury Secretary for a rea- more important points, if I could. With Media reports on possible elements of son. The President cannot afford to regard to individuals in terms of indi- the administration’s package include look indifferent to the problems of av- vidual tax cuts, basically we are pro- the following: full exclusion of divi- erage Americans in a sluggish econ- posing essentially a rebate that Ameri- dends from individual taxation; accel- omy. These days average Americans cans get back 10 percent of what they eration of marginal tax reductions own stock, although most of it is in earned in 2001 up to $6,000 of wages for from the 2001 tax cut; acceleration of tax-sheltered retirement funds.’’ a couple. This rebate is paid from the child credit increase from the 2001 tax This is what they say in conclusion, Treasury, not from the Social Security cut; more corporate tax cuts; and pos- and I think it is important: ‘‘Ending trust fund, because one of the other sibly some State fiscal relief rumored the dividend tax is something almost concerns that I have and all of us have at $10 billion. But if we look at what nobody has been crying out for, except as Democrats is not only do we do not the President is proposing today, it want to increase the deficit, but we will primarily mean more of the same, the megabroker Charles Schwab, who also do not want to delve into the So- more tax cuts and more benefits for the made a pitch for it at the economic wealthy and for corporate interests, summit meeting at Waco last summer. cial Security and Medicare trust funds and it will balloon the Federal deficit. The President happened to drop in on and aggravate the deficits that poten- It will cost up to $6 billion over 10 the panel on which Mr. Schwab was tially could exist long term in those years with more than 80 percent of the speaking and pronounced it a good trust funds. We want to make sure that cost after 2003. idea. It may turn out to have been one those trust funds have a surplus and I think what we are going to see from of the most expensive courtesy calls in that the money is available for Social this administration is essentially more modern history.’’ Security and Medicare for senior citi- deficits, larger deficits, more money What the New York Times is essen- zens in the future. So our rebate plan going to the wealthy, and very little, if tially saying and what the Democrats does not tap any of the Social Security any, short-term stimulus to the econ- are saying is that this elimination of or Medicare trust funds. omy that will turn it around. Members the tax on dividends is going to cost Let me give a little more detail do not have to believe me, though. I do the Federal Government a tremendous about what the Democrats have in not like to get in the well and just talk amount of money, $300 billion over the mind. The Democratic plan is $130 bil- about what I think. I like to talk about next 10 years, but it is not going to do lion as opposed to the Republican plan, what other third-party commentators anything to actually put money back which is $600 billion. Now the $130 bil- have been saying about the President’s into the pockets of consumers. It is not lion is a smaller plan because, again, plan; and I wanted to mention this going to create any new jobs. It is not we do not want to increase the deficit. evening, and I may read all or parts of going to provide any real incentive for We are trying to do everything in 2003 two comments that were in the New companies to start new production and to stimulate the economy and not York Times today in reaction to what create more jobs, do any investment in cause long-term deficits. But even with has already come out about the Presi- new production; and all it does is give the $130 billion stimulus, we can create dent’s tax proposals and the Presi- another huge tax break primarily to as many as a million jobs, increase dent’s so-called economic stimulus very wealthy individuals who own most consumer spending, and help States package. of the stock. How is this a stimulus? out of their fiscal straits because if the The editorial in today’s New York How is this in any way going to help States have to significantly cut back Times is particularly revealing, and I the economy? on their budgets, that is going to be will read parts to give Members an idea I wanted to talk about what the taking more money out of the economy why I think what they are saying is so Democrats have in mind, and then I and could also aggravate the problem true. The title is ‘‘The Charles Schwab want to give some third-party valida- in terms of Americans losing their jobs Tax Cut.’’ It begins: ‘‘The Bush admin- tion of what we have proposed. Over and not having money to spend. We istration never met a domestic prob- the last month, the House Democrats have to address the States as well. lem that tax cuts couldn’t cure, and have gotten together and basically The Democratic plan calls for a 26- today in Chicago the President is plan- thought about what needed to be done week extension of unemployment bene- ning to call for more of the same. The to try to give some short-term stim- fits and a tax rebate of up to $300 per centerpiece of Mr. Bush’s new eco- ulus to the economy, to create jobs, to person, $600 per couple. It would also nomic plan is to eliminate the tax on put more money in people’s pockets, to permit businesses to increase their dividends that will cost the Treasury turn things around. write-off on new investments and pro- about $30 billion over the next decade. We came up with a set of principles vide $31 billion to State and local gov- In a theoretical world, ending the divi- initially, and then yesterday we re- ernments to help defray the cost of do- dend tax might make sense. Unfortu- vealed our actual plan. I think the mestic security, Medicaid, highway nately, we live in the real one, where principles are important and need to be projects and other programs. it’s the wrong move at the wrong time repeated before I mention some of the Just a little more detail because I do for the benefit of the wrong people. specifics of the plan. not want to get into all of the details ‘‘Ending the dividend tax cut will not The principles say any economic tonight, but in addition to extending provide the economy with a short-term stimulus plan should, first, be front the unemployment benefits and offer- stimulus, the ostensible goal of the loaded and fast acting; second, avoid a ing a tax rebate, the plan would allow plan. Investors won’t be seeing their mushrooming deficit in the long term; small businesses to write off up to savings until 2004.’’ third, boost consumer demand and in- $50,000 of the cost of new investments Eliminating the dividend tax, admit- vestment; fourth, help States through made in 2003 as opposed to the current tedly, has something to commend it, their fiscal straits; five, spur the econ- maximum write-off of $250,000. The

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.068 H07PT1 January 7, 2003 CONGRESSIONAL RECORD — HOUSE H35 plan would also permit companies to fits—in an act of incredible callousness— she-said discussions, never grasps the funda- depreciate 50 percent of the cost of new were allowed to lapse last month. It would mental disconnect between problem and pol- plants or equipment in 2003; current provide immediate, large-scale aid to belea- icy. And so it goes with the administration’s law permits them to depreciate only 30 guered State governments, which have been burdened with expensive homeland security ‘‘stimulus’’ plan. percent. mandates even as their revenues have Boosting a stumbling economy (‘‘It’s Clin- So we have a program that helps in- plunged. Given our long-run budget prob- ton’s fault!’’ shouted the claque) isn’t rocket dividuals by extending unemployment lems, any tax relief would be temporary, and science. All a sensible plan must do is focus insurance for at least 26 weeks. We go largely to low- and middle-income fami- on the present, not the distant future; on have a program that puts money back lies. those who are suffering, not on those doing in consumers’ pockets with the rebates well; and on those who are most likely to That is what the Democrats want to spend additional money. that I mentioned, and we have a plan do. What does Paul Krugman say? Right now a sensible plan would rush help that helps small businesses, which is Yesterday House Democrats released a to the long-term unemployed, whose bene- the backbone of our economy, to grow plan right out of the textbook: aid to States fits—in an act of incredible callousness— and invest in new production and cre- and the jobless, rebates to everyone. But the were allowed to lapse last month. It would ate more jobs. centerpiece of the administration’s proposal provide immediate, large-scale aid to belea- Lastly, we have an answer that we is, of all things, the permanent elimination guered state governments, which have been think can make a difference for the of taxes on dividends. burdened with expensive homeland security So instead of a temporary measure, we get mandates even as their revenues have States: as I said, $31 billion in State plunged. Given our long-run budget prob- aid. The plan would give $31 billion to a permanent tax cut. The price tag of the overall plan is a whopping $600 billion, yet lems, any tax relief would be temporary, and States which as I said are struggling less than $100 billion will arrive in the first go largely to low- and middle-income fami- with these budget shortfalls, a one- year. The Democratic plan, with an overall lies. time increase in the Federal share of price tag of only $136 billion, actually pro- Yesterday House Democrats released a Medicaid payments amounting to $10 vides more short-run stimulus. plan right out of the textbook: aid to states billion. It would also give them $10 bil- And instead of helping the needy, the Bush and the jobless, rebates to everyone. But the plan is almost ludicrously tilted toward the centerpiece of the administration’s proposal lion in grants to help them pay for do- is, of all things, the permanent elimination mestic security needs like airport pro- very, very well off. If you have stocks in a 401(k), your dividends are already tax-shel- of taxes on dividends. So instead of a temporary measure, we get tection and public health preparedness, tered; this proposal gives big breaks only to a permanent tax cut. The price tag of the as well as $5 billion in Federal aid for people who have lots of stock outside their overall plan is a whopping $600 billion, yet highways and $6 billion for critical retirement accounts. More than half the ben- less than $100 billion will arrive in the first State needs to help those most hurt by efits would go to people making more than year. The Democratic plan, with an overall $200,000 per year, a quarter to people making unemployment and the lackluster price tag of only $136 billion, actually pro- more than $1 million per year. economy. vides more short-run stimulus. Even the administration’s economists b 1800 And instead of helping the needy, the Bush barely pretend that this proposal has any- plan is almost ludicrously tilted toward the So, as I said, Madam Speaker, the thing to do with short-run stimulus. Instead very, very well off. If you have stocks in a idea is to help individuals, help small they sell it as the answer to various other 401(k), your dividends are already tax-shel- businesses, and help the States. But all problems. tered; this proposal gives big breaks only to of it is designed specifically for the I do not want to keep reading, but people who have lots of stock outside their year 2003 to turn the economy around, the point I am trying to make is very retirement accounts. More than half the ben- to provide a stimulus, to create jobs. It simple. What the President appears to efits would go to people making more than have done, and I do not necessarily $200,000 per year, a quarter to people making is really a job creation program. If you more than $1 million per year. (‘‘Class war- look at what the Democrats have pro- want to give him bad intentions, is fare!’’ shouted the claque.) posed, it is a job creation program. If rather than doing a real economic Even the administration’s economists you look at what the Republicans have stimulus that is going to have a short- barely pretend that this proposal has any- proposed, it is a stock market-oriented term impact on the economy, turn the thing to do with short-run stimulus. Instead program. And we know about the vola- economy around and create jobs and they sell it as the answer to various other problems. (It slices! It dices! It pure´es!) tility of the stock market. I would ven- put money back in people’s pockets, he is trying to simply make more tax cuts Above all, it’s supposed to end the evil of ture to say that it is highly specula- ‘‘double taxation.’’ tive. Even the White House will say primarily for the wealthy, for the cor- Now lots of income faces double taxation, that their dividend plan will not nec- porate interests that are the primary in the sense that the same dollar gets taxed essarily result in a significant increase backers of the Republican Party. And more than once along the way. For example, in the stock market’s performance. Yet he does not even care about the fact most of us pay income and payroll taxes they continue to make the highlight of that on a long-term basis this is only when we earn our salary, then pay sales going to increase the deficit. I just can- taxes when we spend it. So why has it sud- their economic stimulus plan related denly become urgent to ensure that divi- to eliminating the tax on dividends. not believe that this is the President’s dends, in particular, never be taxed more Again, I always say that rather than and the Republicans’ answer to this than once! just listen to me, I would like to have economic downturn. That is, if they’re taxed at all. In practice, some third-party validator of what I I think that as Democrats, we have the Bush plan would exempt a lot of in- have mentioned this evening in the to do whatever we can over the next come—rich people’s income—from all taxes. brief time that I have talked about the few weeks to bare this proposal for Thanks to the efforts of lobbyists, today’s need for an economic stimulus. I saw what it really is and to make it abso- corporate tax code has as many holes in it as lutely clear that this is not going to do a piece of Swiss cheese, and today’s corpora- an article, an op-ed that was in today’s tions take full advantage. Case in point: Be- New York Times, also, by Paul anything to turn the economy around. tween 1998 and 2001 CSX Corporation, the Krugman. He basically criticizes the Madam Speaker, I include the fol- company run by the incoming Treasury sec- President’s proposal and he talks about lowing for the RECORD: retary, John Snow, made $900 million in the Democratic alternative in a very [From the New York Times, Jan. 7, 2003] profits, but paid no net taxes—in fact, it re- succinct way. I would just like to read AN IRRELEVANT PROPOSAL ceived $164 million in rebates. This wasn’t some sections of that now and include exceptional; the average tax rate on profits (By Paul Krugman) has fallen to a nearly 60-year low. the op-ed in its entirety in the RECORD, Here’s how it works. Faced with a real Anyway, even to debate the pros and cons if I could, Madam Speaker. problem—terrorism, the economy, nukes in of dividend taxation is to play the adminis- It says: North Korea—the Bush administration’s re- tration’s game, which is to change the sub- Here’s how it works. Faced with a real sponse has nothing to do with solving that ject. Weren’t we supposed to be talking problem—terrorism, the economy, nukes in problem. Instead it exploits the issue to ad- about emergency economic stimulus? North Korea—the Bush administration’s re- vance its political agenda. No doubt the final version of the ‘‘stim- sponse has nothing to do with solving that Nonetheless, the faithful laud our glorious ulus’’ plan will contain a few genuine reces- problem. Instead it exploits the issue to ad- leader’s wisdom. For a variety of reasons, in- sion-fighting measures—a child credit here, vance its political agenda. cluding the desire to avoid charges of liberal an unemployment benefit there, a few Right now a sensible plan would rush help bias, most reporting is carefully hedged. And crumbs for the states—for which the admin- to the long-term unemployed, whose bene- the public, reading only praise or he-said- istration will expect immense gratitude. But

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.070 H07PT1 H36 CONGRESSIONAL RECORD — HOUSE January 7, 2003 the man in charge—that is, Karl Rove—is omy of the United States and put more again on the remaining smaller tax clearly betting that the economy will re- middle- and low-income families back base. cover on its own, and intends to use the pre- to work or on a more secure economic I applaud the gentleman for taking tense of stimulus mainly as an opportunity footing. If we look at, from my perspec- the time to come and try and outline to get more tax cuts for the rich. Ideology aside, will these guys ever decide tive on the Transportation Committee, some of these differences here on the that their job includes solving problems, not the Nation’s incredible underfunding of floor. It is critical that people know just using them? infrastructure, in my State alone, they have a very clear choice. I think I yield to my friend from Oregon. again the State with the highest unem- over the last couple of years, that was Mr. DEFAZIO. I appreciate the gen- ployment in the union, has discovered not so clear to many people, but now it tleman coming to the floor to try and that because of construction tech- is our duty to show them that there are explain the differences between these niques used for the interstates back in clear choices to be made on some of two critical plans. I happen to rep- the sixties, we have a $4 billion bridge these very, very critical issues, and resent a part of the State of Oregon problem on I–5, the most vital inter- this is the first one out of the chute which has the highest unemployment state-international link on the western after the elections of last year. I am rate in the United States of America corridor between Mexico, California, determined that we will draw the lines and a part of the State which is par- Oregon, Washington and Canada. That and we will show here is what we would ticularly hard hit and am very con- is something, in a State in as deep a re- do, it is more responsible, it would pro- cerned about an effective economic cession as we are, that is beyond our vide more direct stimulus, it would stimulus package. Representing a dis- capabilities. We need some additional benefit more people and more people in trict with a high and enduring unem- help from the Federal Government. We need in particular as opposed to what ployment rate, I do not find that the know what the problems are. We could is being proposed by the other side of elimination of the tax on dividends is get people to work within months, as the aisle which is fiscally irresponsible, very high on the agenda of anybody soon as the contracts could be let on not paid for, will not kick in for 16 to that I meet with in my district and making those repairs. Critical water. 18 months or even longer and is really how we are going to put people back to There are a whole host of infrastruc- just trying to do what they were al- work and how we are going to get the ture needs, rail, bridges, highways, ready doing before we were in a reces- economy rolling again. water, that would put people back to sion or proposing before we were in a I share the gentleman’s concerns. work and would provide secondary ben- recession but justify it by saying it Certainly there are some interesting efits to suppliers and small businesses will help us with a recession. arguments to be made about how best in the communities where the workers I thank the gentleman for clarifying to properly tax corporate profits and/or would be. All these things would cer- those issues. dividends which result from them, but tainly have a much more direct eco- Mr. PALLONE. I just want to thank if one looks underneath that whole nomic impact than a tax break to peo- my colleague from Oregon for coming issue, we find that many profitable cor- ple who are concerned about the tax- down and saying what he said. The porations do not pay taxes and, there- ation on their dividends that would ac- thing that is amazing to me, I tried to fore, the dividends are not being dou- crue to them some 16 or 18 months point out in the beginning that essen- ble-taxed in any way or form whatso- from now. Hopefully by then this issue tially this recession began in March of ever. And also many of the individuals will be behind us. 2001, I guess 3 months into President who realize these dividends are not the The President’s plan, of course, is so Bush’s term. Not too long after that he people who are unemployed or are wor- extraordinarily expensive. I mean, imposed or got the Congress, primarily rying about their future or how to put more than half of the President’s en- Republicans, to pass this huge tax cut food on the table for their kids. In fact, tire plan is devoted to the concern which primarily went to the wealthy as the gentleman said earlier in the about people who pay taxes on divi- individuals and corporate interests. discussion, more than two-thirds of the dends as opposed to his rather small That has now been around, I guess, for benefits will accrue to people with in- benefits for people on unemployment. a little over a year approximately and comes over $100,000 a year. The ques- We need a much more robust extension the recession has only gotten worse. So tion becomes, is that an effective eco- there. We need more worker retraining. why now are we talking about another nomic stimulus? There are other issues that could be de- major tax cut that essentially does the Let us see. A year from now, people bated. Whether or not we should have same thing, making permanent those will begin to file their taxes, probably some sort of tax holiday on part of the tax cuts from a year ago and then com- most of the folks who clip coupons and FICA tax. More than half the families ing up with this exclusion of tax on dividends would be a little later in the in America pay more in Social Secu- dividends which admittedly is being year, so maybe 15 months from now rity and Medicare taxes than they do done in order to try to boost up the some of those people who earn over in income taxes to the Federal Govern- stock market and therefore again pri- $100,000 a year would realize an addi- ment. So if we could provide some re- marily benefits wealthy people. It is tional savings in their taxes or maybe lief there but not short the Social Se- sort of like a failed policy has not a refund which would come in April or curity fund by putting that money worked, so why are you going to make May or June and somehow that is back in; the States, as the Democrats it worse? But even beyond that, the going to provide an economic stimulus have proposed, to provide to the idea, as you say, of having the major- in the year 2003 when that does not States. ity of this stimulus package be directly happen until the year 2004? Beyond We have heard for years from that linked to trying to boost the stock that, there is a whole issue of is this side of the aisle, Federal mandates, no market is such a risky thing. We all not a revisiting of trickle-down eco- unfunded Federal mandates. A whole know the stock market’s volatility. It nomics? If we give a little bit more to host of new ones have come down, in- is not necessarily dependent on any the people who are already doing rel- cluding the Leave No Child Behind Act one factor. So to suggest that dealing atively well, or in some cases very and the testing that is required, yet with dividends is somehow going to in- well, will they not spend that money in there is no additional money flowing crease the indexes dramatically I just a way to put people back to work? I from the Federal Government; yet the do not buy, and I think it is so specula- think there are some real questions States and particularly my State is tive and it is so much easier to do the about that, but it is at least more art- strapped and the President’s tax pro- kinds of things that the Democrats fully presented than it was years ago posal would actually take money from have proposed. I just want to thank under the Reagan administration. They the States, $4 billion for the exemption you again for joining us. are avoiding the words ‘‘trickle down.’’ of dividends, so States again would not I yield to the gentlewoman from But as the gentleman discussed, be able to get taxes from those most Ohio. there are alternatives out there. We well off and would be forced to either Ms. KAPTUR. I want to thank my could certainly look at, as an alter- cut benefits for everybody else on pro- very able colleague the gentleman native, things that are going to have a grams, or essential schools, on health from New Jersey (Mr. PALLONE) and more immediate impact on the econ- care, or they would have to raise taxes the gentleman from Oregon (Mr.

VerDate Dec 13 2002 05:39 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A07JA7.042 H07PT1 January 7, 2003 CONGRESSIONAL RECORD — HOUSE H37 DEFAZIO) for participating and spear- The question is whether it is only issue of nation-building in Iraq? Is this heading this special order this evening. about oil. And I am sure that the gen- going to be like Somalia? I thought we I think when the gentleman from New tleman from Oregon (Mr. DEFAZIO), were not supposed to be involved in na- Jersey reminded us that the current re- who has been a leader in new-fuels pro- tion-building. We are not out of Af- cession was triggered back in March of duction and energy independence for ghanistan yet. We are paying more and 2001, we have to ask ourselves, well, America, in his own region when we more and more every day. Our troops what happened there? What happened consider the biomass that is out there are on the ground there. Of course was again rising oil prices in the global that could be turned to new-fuels pro- there is a press blackout; so you really market, which America does not con- duction we can see the jobs and the in- do not know everything that is hap- trol because we are totally dependent vestment here in the United States pening. We are not going to be out of on imports, thrust us into a recession that could happen if we would really there for years. The President of Af- which has only gotten worse and all propel this new industry forward. ghanistan was on the board of Unical the pump priming on Wall Street can- What good does it do to give share- Oil Company, and when one looks at not draw us out of it because we are holders in multinational oil companies the movement of oil globally, it is ob- not energy independent. Oil just went on Wall Street more dividends when vious that control of that country and up to $33 a barrel. There is instability those dollars do not have to be invested the movement of pipelines is really obviously in the Middle East, certainly in this country at all? So much of what very essential to the global movement in Venezuela, Colombia, all these Wall Street has been doing is not in- of oil, which is a diminishing world re- places where we are getting our oil, vesting in the United States. They source. and the kind of short-term stimulus have been moving jobs to Mexico. The So the real question I have is, if we package that you are talking about other day I just bought some wind- are going to have a stimulus package, would be an immediate shot in the arm shield wipers for my car, turned the how do we get investment here at home here in the United States of America, package over, made in Mexico. In fact and how do we displace particularly in whether it is building bridges, whether I have a question. Is anything made in the energy area the kind of imports it is putting a small tax refund in the America anymore? If we look at this that have now moved us to the brink of pockets of Americans that they can go past holiday shopping season, what is war again in the most oil-rich region of out and buy things, ordinary Ameri- actually out there that we make? I am the world? I am deeply concerned about cans who are having trouble meeting glad we can still make bridges if we the direction of this country and ends from paycheck to paycheck. But would only fund them in our country, whether or not we have an exit strat- beyond that, looking at how we can but try to find an American-made egy from Iraq. And when we look at the create entire new industries in this clock, American-made clothing. I just amount of money we are going to be country so that we do not have to send talked to a gentleman today down- spending on defense in order to move our men and women to war for oil but, stairs. He said, Boy, I wish I could find these troops and planes and ships for rather, that we can invest here at a good pair of shoes. He said, My feet long periods of time now, the Ohio Na- home. are killing me. And I said, Well, they tional Guard just had the longest de- Can you imagine the sentinel call it are not made in America anymore. ployment in Ohio history in that part would be across just rural America if What is it that we do make that is of the world, and they have just re- we really racheted up biofuels produc- not being outsourced somewhere else? turned home, building airfields, pre- tion and ethanol and biodiesel from So the recession is being exacerbated paring. coast to coast, what we could do to re- by the fact that so much of what Wall This is costing an enormous amount. place 25 percent of what we are import- Street has done with the money is not Imagine if we could invest those dol- ing today? I really wanted to say to to put it here but to put it elsewhere lars here at home and create entire both of my dear colleagues that there where they can pay slave wages to peo- new industries, not just off biofuels, was an editorial in the New York ple and then ship all those goods back ethanol and biodiesel in the rural coun- Times on January 5 by Tom Friedman here. So all this investment, I would be tryside, but what about photovoltaics called ‘‘A War for Oil.’’ I would like to very interested in entertaining a pro- to really rachet up our knowledge in place it in the RECORD this evening as posal from the Bush administration to that key area and manufacture those a part of this discussion and to say require that any benefits to Wall systems here in the United States not with all the pomp and circumstance Street be invested in the USA and to just for use here at home but for use that occurred here in the House today, do it in a stimulus plan in some of the abroad, to really move us into renew- the reality is we are faced with a like- key sectors where we are strategically able resources of energy for the future. lihood that we will be at war with Iraq vulnerable, including energy, where we What an incredible job creator that very soon. To do so at a time when we are totally dependent on these inter- would be, good jobs, high-paying jobs are suffering this major recession here national imports now more and more coast to coast in order to buy America at home, where we have got these ris- every day. true national security and energy inde- ing oil prices globally and we are not And when we think about the fact pendence here at home. energy independent, we are going into that Iraq has the second largest re- So I want to thank the gentleman for huge debt in terms of the government serves in the world, one of my ques- allowing me to share in this Special with all these tax payouts left and tions of the Bush administration is, if Order this evening and to say that I right to some of the wealthiest people they are going to go in and take over agree with Tom Friedman. I am not in our country and no help for job cre- these reserves, who is going to benefit? somebody who wants to go to war for ation here in this country, even in the Which companies are going to get the oil. I think we should invest those dol- key industry where we are totally vul- benefit of that? Maybe we should do lars here at home and help America nerable, that is, new fuels production. some windfall profits taxes on the com- move beyond the petroleum age into a panies that are going to be getting all b 1815 new age of renewables. I thank both these Iraqi oil concessions and then use gentlemen. We are importing over 60 percent of those dollars to buy down our public I include the following editorial for what we consume today and paying ex- debt and pay off some of the bills that the RECORD: orbitant prices for it, and Mr. Fried- are being added every day with the tax [From the New York Times, Jan. 5, 2003] man says in his article that any war we cuts to the wealthiest people in this A WAR FOR OIL? launch in Iraq will certainly be in part country. about oil and that the Bush team is So I just am very interested in what (By Thomas L. Friedman) preparing to launch that war for oil Tom Friedman said here, and he even Our family spent winter vacation in Colo- and to deny the fact is actually laugh- talks about handing out drilling con- rado, and one day I saw the most unusual site: two women marching around the Aspen able. And he says that the Bush policy cessions to U.S. oil companies and how Mountain ski lift, waving signs protesting towards North Korea has made it abun- are those decisions going to be made by against war in Iraq. One sign said: ‘‘Just war dantly clear that the war with Iraq in- the administration. How is the admin- or Just Oil?’’ As I watched this two-woman deed is about oil. istration going to get through this demonstration, I couldn’t help notice the

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.073 H07PT1 H38 CONGRESSIONAL RECORD — HOUSE January 7, 2003 auto traffic whizzing by them: one gas-guz- state—one that would use its oil income for were eliminated, but the answer for zling S.U.V. or Jeep after another, with even the benefit of all its people and serve as a America is not to become more and a Humvee or two tossed in for good measure. model for its neighbors—then a war partly more dependent on foreign supplies but The whole scene made me wonder whether over oil would be quite legitimate. It would rather to use not just the short-term those two women weren’t—indeed—asking be a critical step toward building a better the right question: Is the war that the Bush Middle East. stimulus package but the long-term team is preparing to launch in Iraq really a So, I have no problem with a war for oil— economic growth strategy for our war for oil? provided that it is to fuel the first progres- country to create energy independence My short answer is yes. Any war we launch sive Arab regime, and not just our S.U.V.’s, so that we are not so vulnerable, and in Iraq will certainly be—in part—about oil. and provided we behave in a way that makes every time some oil baron or king To deny that is laughable. But whether it is clear to the world we are protecting every- wants to make it a little tough on seen to be only about oil will depend on how one’s access to oil at reasonable prices—not America, they raise prices and then we we behave before an invasion and what we simply our right to binge on it. are thrown into recession. They know try to build once we’re there. Mr. PALLONE. Mr. Speaker, I want I say this possible Iraq war is partly about they do not want us to go into deep, oil because it is impossible to explain the to thank the gentlewoman from Ohio deep depression because then they lose Bush team’s behavior otherwise. Why are (Ms. KAPTUR) for her remarks. Two some of their revenue, but the point is they going after Saddam Hussein with the things or maybe three things that I we are like a puppet on the end of a 82nd Airborne and North Korea with diplo- really appreciate. One, I think it is string and we are not controlling our matic kid gloves—when North Korea already very important to bring up the crises own destiny. So I would hope that as has nuclear weapons, the missiles to deliver or I should say the increase costs of oil we move forward, pass this short-term them, a record of selling dangerous weapons and how that has steadily gone up in stimulus package that the Democratic to anyone with cash, 100,000 U.S. troops in its the last 2 years or so and is a major missile range and a leader who is even more Party has offered, and then move into cruel to his own people than Saddam? factor also impacting the economy and long-term economic growth, that we One reason, of course, is that it is easier to that this administration has not done really look at energy independence as a go after Saddam. But the other reason is anything in the first 2 years to make major pathway to new job creation and oil—even if the president doesn’t want to us more energy independent. They have investment here at home. admit it. (Mr. Bush’s recent attempt to hype fiddled around and talked about a lot Mr. PALLONE. Mr. Speaker, that is the Iraqi threat by saying that an Iraqi at- of things, but nothing has actually a very good point. And the other thing tack on America—which is most unlikely— been accomplished. too is that everyone is sort of assuming ‘‘would cripple our economy’’ was embar- The other thing is, in listening to the rassing. It made the president as if he was that this recession is at its worst and groping for an excuse to go to war, absent a gentlewoman, it is almost as if Presi- somehow we are now going to turn it smoking gun. dent Bush is just going back to the old around; but if the government goes in Let’s cut the nonsense. The primary reason sort of trickle-down economics; in the wrong direction with President the Bush team is more focused on Saddam is other words, we give all the money to Bush’s plan, it could very easily get because if he were to acquire weapons of the rich. Now we give this huge tax worse. There is nothing in that plan mass destruction, it might give him the le- break with dividends primarily to the that is going to stimulate the econ- verage he has long sought—not to attack us, wealthy and somehow that is going to omy. The consequence could very well but to extend his influence over the world’s trickle down. But as the gentlewoman largest source of oil, the Persian Gulf. be that the recession gets worse and But wait a minute. There is nothing ille- pointed out, that is not what happens unemployment gets worse. I hope that gitimate or immoral about the U.S. being because the money is just invested does not happen, but I think it would concerned that an evil, megalomaniacal dic- overseas, and one of the things that I be naive for us to suggest that we have tator might acquire excessive influence over mentioned before and that is an impor- necessarily hit bottom. One of the rea- the natural resource that powers the world’s tant part of the Democrat stimulus sons we need to do this, what the industrial base. package is relief for small businesses, Democrats propose, is that we do not ‘‘Would those women protesting in Aspen which is specifically targeted so that it prefer that Saddam Hussien control the oil want things to get worse. It is not just instead—is that morally better?’’ asks Mi- has to be used to reinvest in new jobs, a question of getting better, but not chael Mandelbaum, the John Hopkins foreign new means of production, and the ma- having the economy even move in a policy expert and author of ‘‘The Ideas That jority of the jobs that are created in further downward direction. Conquered the World.’’ ‘‘Up to now, Saddam the United States these days are Mr. DEFAZIO. Mr. Speaker, the gen- has used this oil wealth not to benefit his through small business. tleman raised the unemployment num- people, but to wage war against all his neigh- So we are doing the opposite. They bers. It is interesting that recently a bors, build lavish palaces and acquire weap- are saying we will give a big boost to survey has come out of rural areas in ons of mass destruction.’’ This is a good point, but the Bush team the big corporate interests and the my State, particularly areas that were would have a stronger case for fighting a war wealthy and they are somehow going previously timber-dependent areas, partly for oil if it made clear by its behavior to spend it to create jobs; but there are about unemployment; and the numbers that it was acting for the benefit of the plan- no strings attached, whereas the Demo- that we record today in unemployment et, not simply to fuel American excesses. crats have a proposal that specifically do not reflect the real suffering or the I have no problem with a war for oil—if we targets small businesses and insists true degree of unemployment. As high accompany it with a real program for energy that whatever tax savings or credits as unemployment is in the United conservation. But when we tell the world are specifically for new jobs and new States, and it is at some of the highest that we couldn’t care less about climate change, that we feel entitled to drive what- production here, which I think is cru- numbers it has been in a decade under ever big cars we feel like, that we feel enti- cial because otherwise it is a waste, this administration without an exten- tled to consume however much oil we like, and the gentlewoman has pointed that sion of unemployment benefits, which the message we send is that a war for oil in out very effectively. hopefully will be rectified here this the gulf is not a war to protect the world’s Ms. KAPTUR. Mr. Speaker, I wanted week, but the numbers are actually right to economic survival—but our right to to say to the gentleman, if one looks at much worse because the definitions indulge. Now that will be seen as immoral. the last 25 years, it is very important have been cleverly changed to say, And should we end up occupying Iraq, and to point out that our last four reces- the first thing we do is hand out drilling con- well, if they are unemployed and their cessions to U.S. oil companies alone, that sions were all related to rising oil unemployment benefits have run out, perception would only be intensified. prices going back to the 1970’s, the they are not considered unemployed And that leads to my second point. If we 1980’s, and now the new 21st century. anymore in the United States. occupy Iraq and simply install a more pro- And if we do not learn from history, we So if we follow that illogic through, U.S. autocrat to run the Iraqi gas station (as are doomed to repeat it; and what has if everybody in America lost their job we have in other Arab oil states), then this happened over a period of time is that today and all their benefits an out a war partly for oil would also be immoral there has been more and more military year from today and nobody got their If, on the other hand, the Bush team, and the American people, prove willing to stay in presence placed around the world in job back, no one would be working and Iraq and pay the full price, in money and order to guard the oil lanes coming in we would have zero unemployment. It manpower, needed to help Iraqis build a here, and it truly would be desta- is an absolute absurdity. So the true more progressive, democratizing Arab bilizing to our country if those paths measure of unemployment is actually

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A07JA7.043 H07PT1 January 7, 2003 CONGRESSIONAL RECORD — HOUSE H39 much, much higher than we are seeing; the economy and put people back to Mr. DEFAZIO. Mr. Speaker, if I and the struggle, as the gentlewoman work. I have yet to see a single credible could, in my State, we have an extraor- from Ohio (Ms. KAPTUR) said, to bring economist make that assertion, that dinary, we have already exhausted this some productive capacity back to this somehow this $300 billion gift other year’s allocation of low-income energy country and put people back to work, than through the trickle-down theory assistance in our State; and we are, we were all first promised, well, they is going to somehow put people in this what, 3 months into the year, the be- are losing their jobs in industry but country back to work. ginning of the heating season; and they will all go into the new economy. Mr. PALLONE. Mr. Speaker, the there are tens of thousands of people Well, the new economy has gone other problem that we have too, which on the waiting list in my State, and I bust, and most of them did not get jobs we really did not dwell on too much am sure in other States across Amer- there anyway or benefit during those but I think it is important, is that it ica. And to say, well, we just cannot af- good years; and one cannot, in my really was disgraceful that the Repub- ford those things, but we can afford for opinion, be a great Nation if one does licans, who are in the majority, with the people who live up on the top of the not build things, and the reliance on the President went home after Decem- hill in the big houses with all of the foreign oil is extraordinary. The fact ber 28 and the people that did not have lights on and the windows open, we are that our greatest balance of payment, their unemployment compensation just going to give them a little extra gift so the deficit, is to buy foreign oil, sup- ran out. that they can go to Antigua to avoid porting people who hardly have any in- Mr. DEFAZIO. Mr. Speaker, 28,000 the colder months. terest in the United States in mind and people in my State alone saw an end to Ms. KAPTUR. Mr. Speaker, I was our future in mind and the investment their unemployment benefits in the struck by the fact that here we are on in alternative fuels, alternative fuel week between Christmas and New the very first day of the 108th Congress, technology to include fuel cells and all Year. Happy New Year from the Fed- and I am proud to say it is the Demo- the other things that the gentlewoman eral Government. cratic Party that is down here on the talked about, bring those industries Ms. KAPTUR. Mr. Speaker, in the floor tonight talking about the econ- home to the United States and begin to State of Ohio it was 24,000 people who omy and the recession and how we in- export them into the rest of the world fell off their benefits right before the vest our way out of it; we are talking in addition to insulating ourselves New Year and 1,100 additional people in about war, how we avoid it; we are from these people who are jacking up my own congressional district. talking about new job creation for our oil prices around the world would be an Mr. PALLONE. Mr. Speaker, the country. I do not hear anything from extraordinary benefit to the American amazing thing, we were trying, the the other side. I mean, it is easy to go people. And I hope that this adminis- Democrats insisted before we went to cocktail parties and leave for din- tration, this unfortunately oil adminis- home that we would stay here to pass ners because it is kind of a day of pomp tration that we have in the White a package, but of course the Repub- and circumstance; on the other hand, House, might be able to clear their vi- licans just adjourned. we are a serious party, we are true to sion a little bit, instead of saying we b 1830 our traditions, and I want to thank the gentleman from New Jersey (Mr. can somehow drill our way out of this, My understanding is, and I have not which we cannot. Even if there was as PALLONE) and the gentleman from Or- seen the proposal, I guess we may con- egon (Mr. DEFAZIO) for being a part of much oil as the most optimistic say up sider something tomorrow or Thurs- in the Alaskan National Wildlife Ref- this this evening. I am very proud to be day, is that the Republicans are com- a Democrat tonight. We are doing our uge and along the coast of the United ing back with something like a 12-week States, we still could not drill our way job. extension which may or may not even Mr. DEFAZIO. Mr. Speaker, if I could out of this problem. We would still be retroactive. That is a very short pe- expand on that, it is day 10 since the have a growing dependence on foreign riod of time, given what we are facing extended unemployment benefits ex- oil. We need to make dramatic steps here. The Democratic proposal is for pired, and Congress is not in official and investments in that direction, and double that, basically 26 weeks, and session this evening taking care of that we should orient more longer-term goes back to December 28. problem. They are out, many of them packages toward the recovery of our Mr. DEFAZIO. Mr. Speaker, if the downtown with the lobbyists on K economy toward those new tech- gentleman would keep in perspective, Street celebrating with champagne be- nologies, toward those investments in the total cost of the Democratic pro- yond the weekly food budget of many our country, and those are the kinds of posal, as I understand, it is to be twice of these families who are unemployed. things we need. as generous in terms of the extension Ms. KAPTUR. I thought we would An ephemeral investment or expendi- of unemployment benefits; and to have extended the unemployment bene- ture of $300 billion to relieve people again, to begin to even penetrate some fits today. I promised my constituents from paying taxes on dividends on of those other people who have been that it would be my top priority when stock, mostly people who earn over longer unemployed or underemployed, I came back here to Washington; and, $100,000 a year, as an economic stim- is about one-twentieth, 5 percent, of quite frankly, I was surprised that that ulus is almost laughable. I mean, it is what the President is proposing to gift bill was not offered today. extraordinary to me. And if it does upon the wealthiest by relieving them Mr. PALLONE. And we did have work and it stimulates the stock mar- of the horrible burden of paying a votes today. We did have the adoption ket without dealing with the under- small percentage tax on the dividends of the rules package. So it was not that lying problems and the fundamentals they earn by clipping coupons on we only had a ceremonial session. We of U.S. industry and their unwilling- stocks that they own. did have votes. ness to invest if this country, in the Where are our priorities? Could he The other thing is that in the last productive capacity of this country, it not do 10 percent for the unemployed few weeks I was hearing from some of will create another bubble, and guess and for their families? I mean, it is just our Republican colleagues about how what, some people will ride the bubble extraordinary to me that the emphasis maybe we did not even need to do it, to up, get out, and it will pop again, and would be so thinly disguised. extend unemployment compensation what happens? The people who are al- Ms. KAPTUR. Mr. Speaker, every because it has been going on too long, ways stuck are the middle class and single one of those families would almost like it is some sort of welfare working people who cannot get in and spend that money on basics. They benefit or something. When the reces- out of the market because their only would be buying food. sion continues, and it is getting worse, investments in the market are through Mr. DEFAZIO. From local small busi- there is no indication it is getting, their retirement funds which they can- nesses. things are getting better, it is only fair not liquidate and speculate on the way Ms. KAPTUR. From local small busi- to extend it. I mean I could not believe that some of these other folks can. It nesses. They would be shopping at local I would even have to try to argue the may well cause a big run-up in the stores. They would be making their case for it. But there are those on the stocks that pay dividends in particular, mortgage payments, if they can hold other side of the aisle who do not think but it is not going to generally leaven on to their houses. we should even do it.

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.076 H07PT1 H40 CONGRESSIONAL RECORD — HOUSE January 7, 2003 Ms. KAPTUR. Mr. Speaker, I would Ms. KAPTUR. Mr. Speaker, I want to leagues mentioned that, because I have to say this also, that when the say a word about Amtrak. I represent think it is something we are going to Bush administration’s unemployment the largest passenger terminal in Ohio, have to deal with literally tomorrow. proposal was talked about, the Presi- and it has been amazing to me to But I thank my colleagues again, and dent talked about this before the first watch under this administration’s pur- we will continue to point out these dif- of the year; he did not say what his view how service has been cut back. I ferences between what the President is proposal really was. His original pro- travel around the world, and I ride proposing and the Democratic stimulus posal would have only taken care of trains that so far surpass anything package, not because it is partisan, but the unemployed in three States. The that we have over land in this country. just because we honestly believe that State of Oregon was one of them, but It is actually embarrassing. We talk the Republican proposal will not do our State was left out, the State of about a stimulus package. What about anything to reverse the economic Ohio. I fail to see how an unemployed high-speed rail? Why has it taken us as downturn. worker in Ohio who has exhausted his a country to this point in the 21st cen- f benefits is any different than an unem- tury where we have an antiquated sys- THE DROUGHT AND ITS ployed worker in Oregon or New Jer- tem that needs new stimulus, that CONSEQUENCES sey. needs new investment, coast-to-coast, Then there was the issue of how in order to meet all of the congestion The SPEAKER pro tempore (Mr. many weeks and at what level for bene- problems we have at our airports; to OSE). Under the Speaker’s announced fits they had worked for. These are provide a real, third rail, one might say policy of January 7, 2003, the gen- working people. They are people who over the road, in the air, and over land, tleman from Nebraska (Mr. OSBORNE) is have believed in our system of enter- not counting the sea ways, but to take recognized for 60 minutes. prise and have tried to make a dif- a look at our rail system and the in- Mr. OSBORNE. Mr. Speaker, I sat ference in their lives. I was just amazed vestment that is needed in it, and to here with a great deal of interest lis- that none of the press talked about the think that we are cutting back to tening to the previous speakers and the difference in the bills, that we were as allow Wall Street to put our invest- fact that Republicans were at cocktail the Democratic Party talking about ment in China or Mexico or somewhere parties and out with lobbyists, and I every State in the Union, every unem- else. am a Republican and I am still here. I ployed worker who had fallen off of Mr. DEFAZIO. China is building a was very interested in the comments benefits, and that we were talking huge and very expensive multibillion that I was listening to. I am not a very about a realistic number of weeks, not dollar new high-speed rail system, partisan person. I believe very much in just 6 weeks or 7 weeks, but so that probably with some U.S. investment fairness and balance. When I heard the people could plan, 26 weeks, which has behind it. President’s economic stimulus package been historic here. Ms. KAPTUR. Very interesting. characterized over and over again as Mr. DEFAZIO. Mr. Speaker, we Maybe some of those Wall Street dol- another round of tax breaks for the should remember that unemployment lars are going to China rather than in- rich, what I was surprised that some- benefits have been paid for by the em- side the United States. That is why it body did not answer was that part of ployers and the employees. The em- is important to target the investment the plan is $3.6 billion going to the ployers have to pay a tax; most econo- here and to make sure that it builds States that are to be distributed in mists say that comes in the form of wealth in our country, not someplace $3,000 increments to the unemployed as lower wages or at least is shared in else. they pay for transportation and child lower wages by the employees, and When the gentleman mentioned care and training to get back into the there is a large and healthy balance in about infrastructure, that really workforce. the unemployment trust fund. Yet our struck me because northern Ohio has Now, the unemployed are not by defi- colleagues on the other side of the been seriously diminished in its ability nition wealthy people. So that $3.6 bil- aisle, the President and the Republican to move passengers. And the equip- lion does not go to the rich. The child majority, have refused to expend some ment, the trackage, everything that we tax credit increases by $400 per child. of those taxes. That was money that need really has been underinvested, Now, not all children, certainly in the was saved for a rainy day for families and this is a system that when one goes United States, are born to the wealthy. and individuals across this country. It around the world, I do not care whether So a family of three would have $1,200 is raining like hell out there right now, it is France, Japan, the gentleman additional money in their pocket, and and they need that money. It is their mentioned China, we are falling be- many of those families will be poor money. That, in fact, does not have an hind, falling behind. families. The marriage tax penalty has impact on the deficit. Giving a $300 bil- Mr. PALLONE. There is no question been accelerated. For the average mar- lion tax break to people who clip cou- about that. Again, part of our Demo- ried couple, that will mean $1,716 that pons on their taxes does cost the Fed- cratic stimulus package does provide they will receive. Certainly, not all eral Treasury and will increase the def- for money to go back to the States for married couples in the United States icit, but if we kept the books honestly, infrastructure, airports, highways, and are wealthy. Many that I know are not money spent out of the unemployment the things that the gentlewoman men- wealthy at all. Mr. Speaker, 92 million trust fund which has been accumulated tioned. tax filers this year will receive an aver- over many years for a rainy day would I think we are running out of time, so age tax cut of $1,083. We certainly do not count as money that is spent and we are going to have to wrap it up; we not have 92 million tax filers in the created out of nothing. There is money only have a couple more minutes. But United States this year that are there to spend. It is just like we could I just want to thank both of my col- wealthy people. invest in infrastructure by spending leagues. The bottom line is that this is Finally, let me just say this. There down the highway trust fund. We could just the beginning. The gentlewoman has been a lot of mention of the divi- invest in aviation by spending down mentioned the media not comparing dends and how the dividends were tax the aviation trust fund. We could accel- the different unemployment compensa- breaks for the rich. But what most peo- erate a whole bunch of projects across tion packages. Part of it is because the ple do not seem to bother to mention is this country and put people back to Bush administration has not really that roughly 40 percent of the Amer- work, really. I mean, in the phony way said exactly what they are proposing. I ican population now owns stock. Not we keep books here, it counts as def- gather from today that they are talk- all of those 40 percent are wealthy peo- icit; but in reality it would not be. The ing about 12 weeks, and we will find ple. Many average wage-earners own American taxpayers would be getting that out tomorrow. But we are going to stock and will benefit from any stock the money back that they paid for the have to insist beginning tomorrow that dividend reduction. purpose for which it was intended, this package pass and pass in a way So just in the interest of fairness, which is unemployment benefits or in- that is effective before we leave this Mr. Speaker, I thought we might men- vestment in bridges, highways, roads week, let alone tonight. So I particu- tion the fact that there were some and aviation. larly appreciate the fact that my col- things that were not mentioned here

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.077 H07PT1 January 7, 2003 CONGRESSIONAL RECORD — HOUSE H41 this evening as we talked about the impacted by the drought. One-half of 1 the breeding stock. There has been tre- stimulus package, and I am not for percent sometimes does not make mendous devastation in these areas, sure what it is going to look like. I am much of a ripple. particularly in the livestock industry. not sure how it is going to play out. Mr. Speaker, that is why I have de- On top of the farmers and ranchers, But I do know that it is not targeted cided not to go to the cocktail parties we also find that the small towns that only for the upper 5 percent or only the and not to go out with the lobbyists to- really service those farmers and ranch- upper 10 percent of taxpayers. Cer- night, as we have heard earlier was ers are in bad shape, too, because the tainly a good number of people will happening with the Republicans. That implement dealers, the feed and seed benefit. is why I am here on the floor tonight to dealers, have no money. The mer- But that is not what I am here for to- talk about this, because very few other chants, the bankers, all of these people night, Mr. Speaker; it is not why I people are talking about it. It is some- are experiencing extreme hardship in came over here. From the previous dis- thing we need to look at because it has these areas. cussion, one can assume that what hap- huge implications for this country, and Currently, just in my State alone, pens on this floor much of the time is for its economy and for its well-being. the State of Nebraska, the economic aimed at discussion of the economy, Let me talk a little bit about the ef- devastation of this particular drought tax breaks have been mentioned, a lot fects of the drought. Some of these is estimated to be $1.4 billion. That was of discussion about Medicare at times, areas are forest lands in Wyoming and as of September or October. My esti- and certainly the Middle East, what is in Colorado. One thing that was inter- mation is it will probably go closer to going on in Iraq, what is going on in esting, in examining the rings, the $2 billion. If we multiply that by Kan- North Korea. And these are all very, growth rings on the trees, we can pret- sas, South Dakota, Montana, Wyo- very important subjects. But the sub- ty much tell when the droughts oc- ming, Colorado, New Mexico, and Ari- ject that we very seldom discuss here is curred. Some of those trees are 300 zona, all of these other States, we are somewhat amazing to me and that is years old. 2002 was the driest year in talking about a disaster in the range of something that is going on right here, many of those areas in the last 300 15 to $20 billion. This is huge for this right now in the United States; and it years. The timber in those forests was part of the country, and it is some- involves almost one-half of the coun- drier than the lumber in the lumber- thing that we need to think about and try, and that is the drought. We almost yard that had been put through a kiln, we need to do something about. never hear that discussed on the floor so that shows the impact that the In Nebraska, the nonrenewable farm of this House. We almost never hear it drought had on our forests and on our loans this year will increase by roughly discussed in our major metropolitan lands. 400 percent which, if that plays out, areas or in our major metropolitan The reservoirs in these areas that are and I believe that it will, we will prob- newspapers. stored primarily for irrigation are at ably lose somewhere between 3,000 and So, Mr. Speaker, here is the map of this time 25, 30 percent, in some cases 4,000 farmers. the drought. This is what it looks like. as low as 15 or 20 percent, full. The bad The most terrifying statistic that we In August of 2002, at the end of the thing, Mr. Speaker, is that the inflows heard recently that the bankers gave growing season, this is what the into those reservoirs are greatly re- me was that 25 to 50 percent of the drought looked like, and this was the duced from other years. The snowpack farm loans in the State of Nebraska are impact that it had on our crops in 2002. even for this winter is way, way below in serious trouble, and they could not So what that means, if one looks at the normal, so there is almost no chance of endure another 2002. They would go black area, that is exceptional drought; any great recovery this year. So we are under if we do not do any better; and, and those areas experienced, for the looking at some really reduced irriga- of course, the drought appears to be as most part, drought that exceeded any tion waters for those people who irri- bad in the coming year as it was in the records that go back over 100 years of gate out of those reservoirs. past year, which would mean that we recorded history of precipitation. Normally, an irrigator could count could lose as many as 15,000 to 20,000 on somewhere between 90 and 100 days farmers that would not be able to 1845 b of water. This year, many of those renew their farm loans. So we see large areas like this. The irrigators have already been told that So this is a very difficult prospect. It red areas would, for the most part, ex- those reservoirs will only provide is something that is, I believe, uncon- ceed the drought that we experienced maybe 20 to 30 days of water, which scionable to not address. This is some- in the thirties, the Dust Bowl, where means essentially that they cannot thing that has to be done. tons and tons of Earth were blown plant, because they cannot grow any- What has been done so far to combat away and crops were totally nonviable; thing on 20 to 30 days of water. the drought? I think, in fairness to the and thousands and thousands of farm- Also, many people who would receive administration, we need to point out ers left farming and ranching. normally 20 to 24 inches of water out of the fact that they did provide $752 mil- So we can see, Mr. Speaker, that this a reservoir this year are going to re- lion in livestock compensation this is a rather drastic picture. The bad ceive 2 or 3 inches of water; so again, past fall. This was taken out of section thing is, it has not improved for the those people are having to convert to 32 of USDA. It did not require an act or most part. In some areas, it is much dry land. They are having to put their any initiative here in the Congress, but worse now than it was then. In my irrigated land into pastures and other it was done administratively. This home State of Nebraska, the month of types of products, and as a result there money was greatly appreciated. December which just passed was in is a tremendous financial loss in those There was also a livestock feed pro- most cases the driest December ever areas. The pastures in these areas have gram that allowed ranchers to get recorded, so things have not improved simply dried up, so there is no hay. vouchers to go down to feed stores and at all. There is nothing for the cattle to eat. they could purchase some feed. Some Let us talk a little bit about why this As a result, what has happened is a people purchased their hay up on the is. Why do we not hear about this great many of our ranchers have had to Canadian border, and said that might more? The reason is, I believe, that sell at least part, and in some cases help get them through the winter; so it there are roughly 2 million farmers and nearly all, of their cattle. was some help, but it is something that ranchers in the United States today. The problem with that is that when was maybe just a stopgap measure. The That comprises a little bit less, actu- we start reducing the breeding stock, people in the ranching business are ally, than 1 percent of the total popu- and some of these breeding stocks have still in great difficulty; and the bottom lation of the United States in farming been put up over generations and of line is that nothing so far has been and ranching. Probably in this drought course have tremendous value, but done for the row crops, the people who area we have about one-half of the when they can no longer provide food grow wheat and corn and milo and soy- farmers and ranchers in our country, so for them and they have to sell the beans. They have not received any type we are talking about one-half of 1 per- breeding stock, then it is not long be- of aid at all. cent that are directly impacted by this. fore the whole thing unravels, and it So let us take a look at what has Their way of living, their livelihood, is will take 5, 6, 7, or 8 years to rebuild been going on in terms of disaster. We

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.079 H07PT1 H42 CONGRESSIONAL RECORD — HOUSE January 7, 2003 see that for Hurricane Andrew and a expensive as what we would have been roughly one-half of what we spent in typhoon $6.4 billion were spent by the led to believe. the last 3 years of Freedom to Farm. United States Government; for the 1997 Now, the reason that the farm bill I We will say, why did this happen? flood of a river, $738 million. These, of think has gotten such a bad rap is that How could it have happened? What hap- course, are not due to drought. many of the urban newspapers really pened was the drought. What happened We every year give $5.59 billion to went after the President for signing was that in corn production, in soy- Israel, $3.94 billion to Egypt, and we the farm bill. I will read just a few of beans, in milo, in rye we are down give to many, many other countries the editorial comments that we saw. about 10 or 15 percent because of the where we are certainly concerned First of all, in the Las Vegas Review drought. Some people simply had no about their welfare. I certainly do not Journal the headline was ‘‘Farm Wel- crops. When we have less supply, then begrudge the money given to Israel or fare.’’ The editorial said, ‘‘The House the price goes up. When the price goes Egypt or whatever, but the interesting voted to slide backwards some 70 years, up, we have no farm supports. When thing is that we do these things, and choosing socialism and abandoning people in Iowa, in Illinois, in Indiana yet we seem to be at the present time market-based reforms in the Nation’s have good crops and they have better turning our backs on a large segment Stalinesque farm policy in voting for a prices, they get no farm payments be- of the United States, which is a little new farm bill.’’ cause their prices are up. So as a re- bit difficult to understand at this The Washington Post, the headline sult, ‘‘we’’ are saving, in quotes, we the point. was, ‘‘Cringe for Mr. Bush.’’ The edi- government, somewhere in the neigh- We say, now, why would we do this? torial ran: ‘‘Mr. Bush signed a farm bill borhood of $6 billion on this farm bill. Why do we turn our backs on our own that represents a low point in his presi- b 1900 people? A memo from the budget office dency, a wasteful corporate welfare said that a drought really is not like a measure that penalizes taxpayers and So the question would be, well, why natural disaster such as a flood or a the world’s poorest people in order to would we not give some of that $6 bil- tornado or a hurricane because a bribe a few voters.’’ So the President lion back to the people who caused it drought comes on more slowly. Since it took a tremendous beating here. to happen in the first place, the people comes on more slowly, then people In the Wall Street Journal, the head- who had no crops, the people who expe- have a chance to adjust; so they said a line was, ‘‘The Farm State Pig-out.’’ rienced the drought? Because you get drought really is not something like The editorial said, ‘‘That great rooting, no farm payments if you do not have a other disasters that get disaster aid. It snooting noise you hear in the dis- crop. And that is what happened to does not quite qualify. This was what tance, dear taxpayers, is the sound of these people. They have no crop. And somebody in the budget office wrote. election year farm State politics roll- so it would make sense to a lot of peo- I would have to believe that that per- ing out of the U.S. Congress. This alone ple that, yes, we would return some of son maybe had not been in agriculture, amounts to one of the greatest urban- that. But again we do not seem to be had not been on a farm, did not know to-rural transfers of wealth in history, getting any movement in any direc- much about it. We have the input costs a sort of Farm Belt Great Society.’’ tion. And the staple answer we get is, to till the soil, buy a tractor, plant the So it is only natural that the admin- well, there is so much money in the seed; we have to fertilize; and after you istration, after enduring this type of farm bill, just take it out of the farm have spent thousands of dollars to get reaction, would say that they are very bill. the crop ready, then if you do not get reluctant to step forward at this point Now, the problem that we have with any water, it may only take about 3 with any further spending for agri- that as we looked at the map, we can weeks at the right time and you lose culture. The thing we need to under- see that there was only part of the the whole crop. stand, however, is that some of the country that had the drought. And so So to say it does not come on sud- emergency payments that were paid to we would have to convince the folks in denly, it may not be 15 minutes or 1 agriculture in 1999, 2000, and 2001 were Iowa, in Illinois, in Indiana, in Min- day, but it does not take very long. We paid out because of low prices. The nesota, in Texas, in Arkansas and Lou- have had huge numbers of people out prices were very low, so to keep farm- isiana that they should take payment there who have simply lost their whole ers in business some emergency pay- from their crops to give to South Da- crop, it has occurred fairly quickly, ments were given. kota and North Dakota and Nebraska and it was beyond their control. There For instance, the price of corn during and Kansas and Colorado, and it seems was nothing that they could do about this period, a bushel of corn, probably that that is rather difficult to get it. averaged about $1.70, $1.80 a bushel. done. People just do not seem to want The other thing that I think has The cost of production was around $2.20 to do that. caused us to not come forward with a bushel, so in order to keep people in So what has happened is we are be- any disaster aid has been the percep- business some emergency payments tween a rock and a hard place. We can- tion of the new farm bill that was were made. We are not talking about not seem to get the administration to passed last year. People would say, how emergency payments anymore. We are say, yes, we will help the farmers; and in the world would that affect whether not talking about that; we are talking we cannot get many people saying, yes, we had disaster aid or not? The percep- about a natural disaster. So this is not we ought to go into the farm bill, and tion of the new farm bill is that it has because of low prices. I can see that too. So as a result we a huge amount of money in it; and be- The next thing we will look at here is have a lot of people who are hurting, cause there is so much money in the what has happened this year. This is who are in bad shape; and I really do farm bill, then that should take care of the projection, the new farm bill for not know exactly what we are going to whatever disaster we might have. 2002, roughly $19 billion. Let us see do at the present time. I would say that that perception is what has actually happened this year Let us talk a little bit more about not accurate. I would like to show the with the drought. the farm bill. This thing is greatly mis- Members some information here that I What has actually happened, Mr. understood. People do not understand think pretty much illustrates this. Speaker, is that the $19 billion pro- why we have a farm bill. And so I In the last 3 years with the Freedom jected spending has not occurred. In- would like to present one last graphic to Farm, the previous farm bill, we stead, this year the farm bill will cost here, Mr. Speaker, and this is rationale spent on average in 1999, in 2000, and somewhere between $13 billion and $14 as I see it for why we have a farm bill. 2001 $24.5 billion, $24.5 billion. The new billion, a $5 billion to $6 billion short- Farming is a little bit different than farm bill that was passed this last year fall. In other words, in the year 2002, we most other industries. People who have is projected to cost a little less than will actually spend about one-half of WallMart come in their community $21 billion in 2002, 2003, 2004, and 2005, what we spent on average on the farm and the hardware store goes broke, so actually there will be less money bill in 1999, 2000, and 2001; and yet this they say, nobody helps me. I used to be spent in the new farm bill than there is being called the great farm State a football coach and if I lost a game no- was in the last 3 years of the old farm pig-out, that this is a fat bill. Obvi- body protected me and so they say, bill. So it does not seem to be quite as ously that is not true. We are spending why should we help the farmers? Let

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.081 H07PT1 January 7, 2003 CONGRESSIONAL RECORD — HOUSE H43 me tell you a little bit of the rationale which is due largely to oil. And what at least hold you in there. It will get that holds up very well. economists have said was that oil real- the input costs back, because the most First of all, farming is almost totally ly does not cost us $15 a barrel. What it insurance you can buy for crop insur- weather dependent. Now, most indus- cost was more like $70 to $100 a barrel ance is 85 percent. Now, profitability is tries, most businesses in our country when you add it all in. in the last 10 percent. So on crop insur- do not dissolve if you have a 15-minute Now, we can do the same thing to our ance you do not make money. You hailstorm or if it does not rain for 3 agriculture. We can very quickly ship probably still lose a little bit. But the weeks or if a strong wind comes our agriculture to South America, to problem is that when you have mul- through and knocks the wheat down. It Australia, to Canada. And so the ques- tiple years of drought, which we have does not happen that way, but farming tion is are we going to protect agri- had. Most of these farmers have experi- is totally weather dependent. culture and are we going to keep it in enced at least 2, 3, 4, some of them 5 Number two, in farming it is almost the United States where we know what years of drought. Every year of impossible to control the inventory. we have, and we have a secure food sup- drought that you have the amount of You say, well, what does that mean? ply, and no matter what happens insurance you can buy goes down be- Well, if General Motors has too many around the world we know we have got cause you have to average in those automobiles out there and they feel it here. Is that worth something to us? years where you had no production. there is a glut what they do is shut I think it is. So probably most of the farmers in down an assembly line and they wait Fifthly, there is no level playing field those drought areas are insured at a 60, until things get in balance. But when worldwide. The European Union sub- 65 percent level and they have been re- you are growing wheat around the sidizes agriculture by more than $300 ceiving that now for 2 and 3 years. So world, you really cannot say, well, per acre. Now, again, you go back to they have been digging into their eq- Australia, you do not plant this year toward World War II and most people uity every year and some of them are or, Canada, you cut down because you in Europe understand the value of a to the point where they no longer have do not know what the worldwide pro- food supply so they subsidize $300 per any equity left. So insurance is good duction will be. You do not know where acre. Japan subsidizes agriculture more for a 1-year situation, but when you the droughts are going to be. You do than $1,000 per acre. In the United have multiple years of drought which not know what is going to happen so States, get this, the United States, we have had, you have a disaster. And you cannot control the inventory. Now that fat farm state pig out farm bill so that is where I believe at this point most businesses can control the inven- subsidizes agriculture $45 per acre, we need to step in. tory. roughly one-sixth of what the Euro- So we hope very much that this body, Thirdly, producers do not set the pean Union subsidizes their farmers. in the House, we hope in the Senate price. If you are going to make a suit The other thing to remember is that and we hope that the administration of clothes you will say, this is worth there is great competition from South will begin to see what we are up $500. This is what we will price it at. America. In Brazil, for instance, a top against and the difficulty of the situa- We will make a box of corn flakes. It grade of land will cost $250 per acre, tion. We hope this will be treated like will be $2.50. If we are going to sell a land that would probably cost $2,500 an a natural disaster, like a hurricane, car it will be $30,000. So the manufac- acre here in the United States. Labor like a flood, like a fire. And typically turer, the producer sets the price. But costs an average of 50 cents an hour in the United States has stepped forward in farming the farmer does not set the Brazil. It would probably cost $10 an in those situations, and it is difficult price. The price is set for him. It is the hour in the United States. And there to stand back and see a lack of re- local elevator, the Chicago Board of are practically no environmental regu- sponses in this case. Trade that says corn is worth $1.60 a lations in Brazil where we have a great Mr. Speaker, I appreciate this oppor- bushel this week, so much a pound for many. tunity. beef. And he has no choice. He does not So what we are saying is that the f set the price. farm bill is necessary to enable our ag- Fourthly, farming is critical to na- riculture to be somewhat competitive RECESS tional security. As long as you can go and we think we are getting a pretty The SPEAKER pro tempore (Mr. down to the grocery store and things good bargain here at $45 per acre. And OSE). Pursuant to clause 12 of rule I, are convenient and easy and there is so is that agriculture worth saving? Is the Chair declares the House in recess plenty there, and you only spend an av- that worth some type of investment in subject to the call of the Chair. erage of 9 percent of your income on terms of disaster payment to keep that Accordingly (at 7 o’clock and 10 min- food you do not really see a problem. here, to keep it in the United States, to utes p.m.), the House stood in recess There is no problem with national se- keep these people viable? I guess my subject to the call of the Chair. curity. But those countries that experi- slant, Mr. Speaker, is, yes, it is. And so b 2110 enced a shortage of food in World War that is pretty much my rationale this f II have a little bit different slant on evening. things. And the other thing that we I guess one last comment, some peo- AFTER RECESS want to point out here in regard to na- ple would say, well, we do not have any The recess having expired, the House tional security, somebody mentioned disaster aid because, number one, the was called to order by the Speaker pro in the previous hour, they were talking drought is not a natural disaster; and tempore (Mr. DREIER) at 9 o’clock and about petroleum, our dependence on of course I think I pretty well disputed 10 minutes p.m. OPEC for oil. Well, what happened was that. Secondly, they have said the farm f about 20 years ago we found that we bill is too fat; and again I think we could buy petroleum from OPEC for have offered some information to dis- REPORT ON RESOLUTION PRO- like $15, $20 a barrel. So we said that is pute that. VIDING FOR CONSIDERATION OF a good deal. So we should shut down But the third argument is this, that, S. 23, TEMPORARY EXTENDED our own exploration. We shut down our well, that those people who have row UNEMPLOYMENT COMPENSATION own refineries. As a result we are now crops have crop insurance so they do ACT OF 2002 60 percent dependent so foreign. not need any help. Well, I think people Mr. SESSIONS, from the Committee People say that is still okay because in the United States need to under- on Rules, submitted a privileged report we only pay $12 to $15 a barrel. That is stand the crop insurance program is (Rept. No. 108–1) on the resolution (H. no problem. But some economists have viable and it is very important. It Res. 14) providing for consideration of put a pencil to it and said the Gulf War works very well if you have three or the Senate bill (S. 23) to provide for a cost us a lot of money, and the Gulf four good years, good yields and good 5-month extension of the Temporary War was about oil. And we are main- production, and then all of the sudden Extended Unemployment Compensa- taining a fleet and a military presence you have a drought for 1 year and tion Act of 2002 and for a transition pe- in the Middle East and we are now maybe then you have 3 or 4 more good riod for individuals receiving com- maintaining an even bigger presence years because the crop insurance will pensation when the program under

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.083 H07PT1 H44 CONGRESSIONAL RECORD — HOUSE January 7, 2003 such act ends, which was referred to joint resolution, (H.J. Res. 2) making (The following Members (at the re- the House Calendar and ordered to be further continuing appropriations for quest of Mr. SCHIFF) to revise and ex- printed. the fiscal year 2003, and for other pur- tend their remarks and include extra- f poses, which was referred to the House neous material:) Calendar and ordered to be printed. Ms. KAPTUR, for 5 minutes, today. REPORT ON RESOLUTION PRO- VIDING FOR CONSIDERATION OF f Mr. SCHIFF, for 5 minutes, today. H.J. RES. 1, FURTHER CON- LEAVE OF ABSENCE Mrs. MALONEY, for 5 minutes, today. Ms. MILLENDER-MCDONALD, for 5 min- TINUING APPROPRIATIONS FOR By unanimous consent, leave of ab- utes, today. FISCAL YEAR 2003 AND H.J. RES. sence was granted to: 2, FURTHER CONTINUING APPRO- Mr. NETHERCUTT (at the request of (The following Members (at the re- IGGERT PRIATIONS FOR FISCAL YEAR Mr. DELAY) for today after 4 p.m. quest of Mrs. B ) to revise and 2003 through January 8 on account of a extend their remarks and include ex- Mr. SESSIONS, from the Committee death in the family. traneous material:) Mrs. BIGGERT, for 5 minutes, today. on Rules, submitted a privileged report f (Rept. No. 108–2) on the resolution (H. (The following Member (at her own Res. 15) providing for consideration of SPECIAL ORDERS GRANTED request) to revise and extend her re- the joint resolution (H.J. Res. 1) mak- By unanimous consent, permission to marks and include extraneous mate- ing further continuing appropriations address the House, following the legis- rial:) for fiscal year 2003, and for other pur- lative program and any special orders Ms. JACKSON-LEE of Texas, for 5 min- poses, and for consideration of the heretofore entered, was granted to: utes, today. PROCEEDINGS OF THE HOUSE AFTER SINE DIE AD- JOURNMENT OF THE 107TH CONGRESS 2D SES- SION AND FOLLOWING PUBLICATION OF THE FINAL EDITION OF THE CONGRESSIONAL RECORD OF THE 107TH CONGRESS

APPOINTMENT BY THE SPEAKER COMMUNICATION FROM HON. RICH- STATE OF HAWAII, AFTER SINE DIE ADJOURNMENT ARD A. GEPHARDT, DEMOCRATIC OFFICE OF ELECTIONS, LEADER, AFTER SINE DIE AD- Pearl City, HI, December 23, 2002. Mr. JEFF TRANDAHL, Pursuant to section 603(a) of the In- JOURNMENT telligence Authorization Act for Fiscal Clerk, House of Representatives, Capitol Heights, MD. Year 2003 (P.L. 107–306) and the order of CONGRESS OF THE UNITED STATES, HOUSE OF REPRESENTATIVES, OF- DEAR MR. TRANDAHL: Enclosed is the Cer- the House of Thursday, November 14, FICE OF THE DEMOCRATIC LEADER, tificate of Election for Ed Case duly chosen 2002, the speaker on Sunday, December Washington, DC, December 20, 2002. by the qualified electors of the State of Ha- 15, 2002, appointed the following mem- Hon. J. DENNIS HASTERT, waii on November 30, 2002. Pursuant to Hawaii Revised Statutes Sec- bers on the part of the House to the Na- Speaker of the House, House of Representatives, Washington, DC. tion 11–174.5, there were no challenges filed. tional Commission on Terrorist At- Should you have any questions or need ad- tacks Upon the United States: DEAR MR. SPEAKER: Pursuant to Public ditional information, please contact Lori Law 107–273, I hereby appoint the following Mr. Fred F. Fielding, Arlington, Vir- Tomczyk. individuals to the Antitrust Modernization Very truly yours, ginia; Commission: John H. Shenefield (VA); Debra DWAYNE D. YOSHINA, Mr. James R. Thompson, Chicago, Il- A. Valentine (District of Columbia). Chief Election Officer. linois. Yours Very Truly, f RICHARD A. GEPHARDT. BILLS AND JOINT RESOLUTIONS f f APPROVED BY THE PRESIDENT SUBSEQUENT TO SINE DIE AD- COMMUNICATION FROM HON. RICH- JOURNMENT COMMUNICATION FROM THE ARD A. GEPHARDT, DEMOCRATIC CLERK OF THE HOUSE AFTER The President, subsequent to sine die LEADER, AFTER SINE DIE AD- SINE DIE ADJOURNMENT adjournment of the 2d Session, 107th JOURNMENT Congress, notified the Clerk of the OFFICE OF THE CLERK, CONGRESS OF THE UNITED STATES, House that on the following dates he HOUSE OF REPRESENTATIVES, HOUSE OF REPRESENTATIVES, OF- Washington, DC, December 30, 2002. had approved and signed bills and joint FICE OF THE DEMOCRATIC LEADER, Hon. J. DENNIS HASTERT, resolutions of the following titles: Washington, DC, December 13, 2002. The Speaker, House of Representatives, Wash- On December 16: Hon. J. DENNIS HASTERT, ington, DC H.R. 38. An Act to provide for additional Speaker of the House, House of Representatives, lands to be included within the boundaries of DEAR MR. SPEAKER: I have the honor to Washington, DC. the Homestead National Monument of Amer- transmit herewith a letter from Dwayne D. DEAR MR. SPEAKER: Pursuant to Title VI of ica in the State of Nebraska, and for other Yoshina, Chief Election Officer, State of Ha- the Intelligence Authorization Act for Fiscal purposes; waii, transmitting a Certificate of Election Year 2003, I hereby appoint the following in- H.R. 308. An Act to establish the Guam indicating that, the Honorable Ed Case was dividuals to the National Commission on War Claims Review Commission; duly chosen by the qualified electors of the H.R. 451. An Act to make certain adjust- Terrorist Attacks Upon the United States: State of Hawaii on November 30, 2002, as ments to the boundaries of the Mount Nebo Honorable Tim Roemer (IN); Honorable Representative in Congress for the State of Wilderness Area, and for other purposes; Jamie Gorelick (MD). Hawaii for the term ending January 3, 2003. H.R. 706. An Act to direct the Secretary of Mr. Roemer’s appointment shall be effec- the Interior to convey certain properties in With best wishes, I am, tive immediately after noon on January 3, the vicinity of the Elephant Butte Reservoir Sincerely, and the Caballo Reservoir, New Mexico; 2003. JEFF TRANDAHL. Yours Very Truly, H.R. 1712. An Act to authorize the Sec- RICHARD A. GEPHARDT. Attachment. retary of the Interior to make adjustments to the boundary of the National Park of

VerDate Dec 13 2002 05:39 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K07JA7.085 H07PT1 January 7, 2003 CONGRESSIONAL RECORD — HOUSE H45 American Samoa to include certain portions H.R. 2937. An Act to provide for the con- SENATE BILL APPROVED BY THE of the islands of Ofu and Olosega within the veyance of certain public land in Clark PRESIDENT SUBSEQUENT TO park, and for other purposes; County, Nevada, for use as a shooting range SINE DIE ADJOURNMENT H.R. 1776. An Act to authorize the Sec- H.R. 2990. An Act to amend the Lower Rio retary of the Interior to study the suit- Grande Valley Water Resources Conserva- The President, subsequent to sine die ability and feasibility of establishing the tion and Improvement Act of 2000 to author- adjournment of the 2d Session, 107th Buffalo Bayou National Heritage Area in ize additional projects under that Act, and Congress, notified the Clerk of the West Houston, Texas; for other purposes House that on the following dates he H.R. 1814. An Act to amend the National Trails System Act to designate the H.R. 3180. An Act to consent to certain had approved and signed bills of the Metacomet-Monadnock-Mattabesett Trail amendments to the New Hampshire-Vermont Senate of the following titles: extending through western Massachusetts Interstate School Compact On December 13: and central Connecticut for study for poten- H.R. 3401. An Act to provide for the con- S. 2017. An Act to amend the Indian Fi- tial addition to the National Trails System; veyance of Forest Service facilities and nancing Act of 1974 to improve the effective- H.R. 1870. An Act to provide for the sale of lands comprising the Five Mile Regional ness of the Indian loan guarantee and insur- certain real property within the Newlands Learning Center in the State of California to ance program. Project in Nevada, to the city of Fallon, Ne- the Clovis Unified School District, to author- vada; ize a new special use permit regarding the f H.R. 1906. An Act to amend the Act that es- continued use of unconveyed lands com- ADJOURNMENT tablished the Pu’uhonua O Honaunau Na- prising the Center, and for other purposes Mr. SESSIONS. Mr. Speaker, I move tional Historical Park to expand the bound- H.R. 3449. An Act to revise the boundaries aries of that park; and of the George Washington Birthplace Na- that the House do now adjourn. H.R. 1925. An Act to direct the Secretary of tional Monument, and for other purposes The motion was agreed to; accord- the Interior to study the suitability and fea- ingly (at 9 o’clock and 12 minutes sibility of designating the Waco Mammoth H.R. 3609. An Act to amend title 49, United Site Area in Waco, Texas, as a unit of the States Code, to enhance the security and p.m.), the House adjourned until to- National Park System, and for other pur- safety of pipelines. morrow, Wednesday, January 8, 2003, at poses. H.R. 3858. An Act to modify the boundaries 10 a.m. On December 17: of the New River Gorge National River, West f H.R. 2099. An Act to amend the Omnibus Virginia. Parks and Public Lands Management Act of H.R. 4692. An Act to amend the Act enti- EXECUTIVE COMMUNICATIONS, 1996 to provide adequate funding authoriza- tled ‘‘An Act to authorize the Establishment ETC. tion for the Vancouver National Historic Re- of the Andersonville National Historic Site serve Under clause 8 of rule XII, executive in the State of Georgia, and for other pur- communications were taken from the H.R. 2109. An Act to authorize the Sec- poses’’, to provide for the addition of certain retary of the Interior to conduct a special re- donated lands to the Andersonville National Speaker’s table and referred as follows: source study of Virginia Key Beach Park in Historic Site. 1. A letter from the Congressional Review Biscayne Bay, Florida, for possible inclusion H.R. 4823. An Act to repeal the sunset of Coordinator, Animal and Plant Health In- in the National Park System spection Service, Department of Agriculture, H.R. 2115. An Act to amend the Reclama- the Economic Growth and Tax Relief Rec- onciliation Act of 2001 with respect to the ex- transmitting the Department’s final rule — tion Wastewater and Groundwater Study and Brucellosis: Testing of Rodeo Bulls [Docket Facilities Act to authorize the Secretary of clusion from Federal income tax for restitu- tion received by victims of the Nazi Regime. No. 01-095-2] received December 9, 2002, pur- the Interior to participate in the design, suant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 5125. An Act to amend the American planning, and construction of a project to re- mittee on Agriculture. Battlefield Protection Act of 1996 to author- claim and reuse wastewater within and out- 2. A letter from the Administrator, Rural ize the Secretary of the Interior to establish side of the service area of the Lakehaven Utilities Services, Department of Agri- a battlefield acquisition grant program. Utility District, Washington culture, transmitting the Department’s final H.R. 2187. An Act to amend title 10, United H.R. 5738. An Act to amend the Public rule — Exceptions of RUS Operational Con- States Code, to make receipts collected from Health Service Act with respect to special trols Under Section 306E of the RE Act (RIN: mineral leasing activities on certain naval diabetes programs for Type I diabetes and In- 0572-AB68) received December 2, 2002, pursu- oil shale reserves available to cover environ- dians. ant to 5 U.S.C. 801(a)(1)(A); to the Committee mental restoration, waste management, and On December 19: on Agriculture. environmental compliance costs incurred by H.R. 3048. An Act to resolve the claims of 3. A letter from the Administrator, Rural the United States with respect to the re- Cook Inlet Region, Inc., to lands adjacent to Business-Cooperative Service, Department of serves the Russian River in the State of Alaska. H.R. 2385. An Act to convey certain prop- Agriculture, transmitting the Department’s erty to the city of St. George, Utah, in order H.R. 3747. An Act to direct the Secretary of final rule — Rural Business Enterprise to provide for the protection and preserva- the Interior to conduct a study of the site Grants and Television Demonstration tion of certain rare paleontological resources commonly known as Eagledale Ferry Dock Grants; Definition of ‘‘rural area’’ and new in that property, and for other purposes at Taylor Avenue in the State of Washington types of ’’eligible small and emerging private H.R. 2458. An Act to enhance the manage- for potential inclusion in the National Park business enterprises‘‘ (RIN: 0570-AA36) re- ment and promotion of electronic Govern- System. ceived December 17, 2002, pursuant to 5 ment services and processes by establishing H.R. 3909. An Act to designate certain Fed- U.S.C. 801(a)(1)(A); to the Committee on Ag- a Federal Chief Information Officer within eral lands in the State of Utah as the Gunn riculture. the Office of Management and Budget, and McKay Nature Preserve, and for other pur- 4. A letter from the Chief, Forest Service, by establishing a broad framework of meas- poses. Department of Agriculture, transmitting the Department’s final rule — Sale and Disposal ures that require using Internet-based infor- H.R. 3954. An Act to designate certain wa- of National Forest System Timber; Exten- mation technology to enhance citizen access terways in the Caribbean National Forest in sion of Timber Sale Contracts To Facilitate to Government information and services, and the Commonwealth of Puerto Rico as compo- Urgent Timber Removal From Other Lands for other purposes nents of the National Wild and Scenic Rivers (RIN: 0596-AB48) received December 13, 2002, H.R. 2628. An Act to direct the Secretary of System, and for other purposes. the Interior to conduct a study of the suit- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 4129. An Act to amend the Central mittee on Agriculture. ability and feasibility of establishing the Utah Project Completion Act to clarify the Muscle Shoals National Heritage Area in 5. A letter from the Congressional Review responsibilities of the Secretary of the Inte- Coordinator, Animal and Plant Health In- Alabama, and for other purposes rior with respect to the Central Utah 2818. An Act to authorize the Secretary of spect ion Service, Department of Agri- Project, to redirect unexpended budget au- the Interior to convey certain public land culture, transmitting the Department’s final thority for the Central Utah Project for within the Sand Mountain Wilderness Study rule — Mexican Fruit Fly; Addition of Regu- wastewater treatment and reuse and other Area in the State of Idaho to resolve an oc- lated Area [Docket No. 02-121-1] received De- purposes, to provide for prepayment of re- cupancy encroachment dating back to 1971 cember 30, 2002, pursuant to 5 U.S.C. H.R. 2828. An Act to authorize payments to payment contracts for municipal and indus- 801(a)(1)(A); to the Committee on Agri- certain Klamath Project water distribution trial water delivery facilities, and to elimi- culture. entities for amounts assessed by the entities nate a deadline for such prepayment. 6. A letter from the Congressional Review for operation and maintenance of the H.R. 4638. An Act to reauthorize the Mni Coordinator, Animal and Plant Health In- Project’s transferred works for 2001, to au- Wiconi Rural Water Supply Project. spect ion Service, Department of Agri- thorize refunds to such entities of amounts H.R. 4664. An Act to authorize appropria- culture, transmitting the Department’s final collected by the Bureau of Reclamation for tions for fiscal years 2003, 2004, 2005, 2006, and rule — Change in Disease Status of Great reserved works for 2001, and for other pur- 2007 for the National Science Foundation, Britain With Regard to Foot-and-Mouth Dis- poses and for other purposes. ease [Docket No. 01-018-4] received December

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A07JA7.048 H07PT1 H46 CONGRESSIONAL RECORD — HOUSE January 7, 2003 20, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to cy’s final rule — Carboxin; Pesticide Toler- mitting the Administration’s final rule — the Committee on Agriculture. ance [OPP-2002-0326; FRL-7282-1] received De- Prompt Corrective Action — received Janu- 7. A letter from the Administrator, Rural cember 4, 2002, pursuant to 5 U.S.C. ary 3, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); Business-Cooperative Service, Department of 801(a)(1)(A); to the Committee on Agri- to the Committee on Financial Services. Agriculture, transmitting the Department’s culture. 28. A letter from the Deputy Assistant Sec- final rule — Business and Industry Loans; 17. A communication from the President of retary for Program Operations, PWBA, De- Revision to Definition of Rural Area (RIN: the United States, transmitting a request to partment of Labor, transmitting the Depart- 0570-AA38) received December 20, 2002, pursu- make the subsidy budget authority nec- ment’s final rule — Class Exemption to Per- ant to 5 U.S.C. 801(a)(1)(A); to the Committee essary to support a $45 million Federal credit mit Certain Transactions Identified in the on Agriculture. instrument for Aloha Airlines, Inc; (H. Doc. Voluntary Fiducciary Correction Program 8. A letter from the Director, Regulatory No. 108—10); to the Committee on Appropria- [Prohibited Transaction Exemption 2002-51; Review & Foreign Investment Disclosure tions and ordered to be printed. Application No. D-10933] received November Group, Farm Service Agency, Department of 18. A letter from the Deputy Congressional 25, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Agriculture, transmitting the Department’s Liaison, Board of Governors of the Federal the Committee on Education and the Work- final rule — Skip Row and Strip Crops (RIN: Reserve System, transmitting the Board’s force. 0560-AG55) received December 20, 2002, pursu- final rule — Transactions Between Member ant to 5 U.S.C. 801(a)(1)(A); to the Committee Banks and Their Affiliates [Miscellaneous 29. A letter from the Assistant Secretary, on Agriculture. Interpretations] — received December 4, 2002, Pension and Welfare Benefits Administra- 9. A letter from the Administrator, Agri- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tion, Department of Labor, transmitting the cultural Marketing Service, Fruit and Vege- mittee on Financial Services. Department’s final rule — Furnishing Docu- table Programs, Department of Agriculture, 19. A letter from the Senior Paralegal, Of- ments to the Secretary of Labor on Request transmitting the Department’s final rule — fice of Thrift Supervision, Department of the Under ERISA Section 104(a)(6) and Assess- Raisins Produced From Grapes Grown in Treasury, transmitting the Department’s ment of Civil Penalties Under ERISA Sec- California; Decrease in Desirable Carryout final rule — Regulatory Reporting Stand- tion 502(c)(6) (RIN: 1210-AA67, 1210-AA68) re- Used to Compute Trade Demand [Docket No. ards: Qualifications for Independent Public ceived November 25, 2002, pursuant to 5 FV02-989-6 FIR] received December 20, 2002, Accountants Performing Audit Services for U.S.C. 801(a)(1)(A); to the Committee on Edu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Voluntary Audit Filers [No. 2002-54] (RIN: cation and the Workforce. mittee on Agriculture. 1550-AB54) received December 13, 2002, pursu- 30. A letter from the Director OSHA Direc- 10. A letter from the Administrator, Agri- ant to 5 U.S.C. 801(a)(1)(A); to the Committee torate of Standards and Guidance, Occupa- cultural Marketing Service, Fruit and Vege- on Financial Services. tional Safety and Health Administration, table Programs, Department of Agriculture, 20. A letter from the Senior Paralegal transmitting the Administration’s final rule transmitting the Department’s final rule — (Regulations), Office of Thrift Supervision, — Occupational Injury and Illness Recording Oranges, Grapefruit, Tangerines, and Tan- Department of Treasury, transmitting the and Reporting Requirements [Docket No. R- gelos Grown in Florida; Change in the Min- Department’s final rule — Alternative Mort- 02B] (RIN: 1218-AC06) received December 17, imum Maturity Requirements for Fresh gage Transaction Parity Act; Preemption 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Grapefruit [Docket No. FVO2-905-2 FIR] re- Delay of Effective Date [No. 2002-59] (RIN: Committee on Education and the Workforce. ceived December 20, 2002, pursuant to 5 1550-AB51) received December 3, 2002, pursu- 31. A letter from the Director, Corporate U.S.C. 801(a)(1)(A); to the Committee on Ag- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Policy and Research Department, Pension riculture. on Financial Services. Benefit Guaranty Corporation, transmitting 11. A letter from the Administrator, Agri- 21. A letter from the Director, Financial the Corporation’s final rule — Benefits Pay- cultural Marketing Service, Department of Crimes Enforcement Network, Department able in Terminated Single-Employer Plans; Agriculture, transmitting the Department’s of Treasury, transmitting the Department’s Allocation of Assets in Single-Employer final rule — Revision of Regulations for De- final rule — Financial Crimes Enforcement Plans; Interest Assumptions for Valuing and termining Price Quotations for Spot Cotton Network; Anti-Money Laundering Require- Paying Benefits — received December 4, 2002, [Doc. CN-01-004] (RIN: 0581-ACOO) received ments — Correspondent Accounts for For- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- December 20, 2002, pursuant to 5 U.S.C. eign Shell Banks; Recordkeeping and Termi- mittee on Education and the Workforce. 801(a)(1)(A); to the Committee on Agri- nation of Correspondent Accounts for For- culture. eign Banks (RIN: 1506-AA35) received Decem- 32. A letter from the Assistant General 12. A letter from the Congressional Review ber 20, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); Counsel for Regulatory Law, Department of Coordinator, Animal and Plant Health In- to the Committee on Financial Services. Energy, transmitting the Department’s final spection Service, Department of Agriculture, 22. A letter from the Director, FDIC Office rule — Energy Efficiency Program for Cer- transmitting the Department’s final rule — of Legislative Affairs, Federal Deposit Insur- tain Commercial and Industrial Equipment: Stall Reservations at Import Quarantine Fa- ance Corporation, transmitting the Corpora- Extension of Time for Electric Motor Manu- cilities [Docket No. 02-024-1] received Decem- tion’s final rule — Minimum Standards of In- facturers to Certify Compliance With Energy ber 13, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); tegrity and Fitness for an FDIC Contractor Efficiency Standards [Docket No. EE-RM-96- to the Committee on Agriculture. (RIN: 3064-AC29) received December 4, 2002, 400] (RIN: 1904-AB11) received December 20, 13. A letter from the Administrator, Rural pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Utilities Service, Department of Agriculture, mittee on Financial Services. Committee on Energy and Commerce. transmitting the Department’s final rule — 23. A letter from the General Counsel, Fed- 33. A letter from the Director, Regulations Demand Side Management and Renewable eral Emergency Management Agency, trans- Policy and Management Staff, FDA, Depart- Energy Systems (RIN: 0572-AB65) received mitting the Agency’s final rule — Changes in ment of Health and Human Services, trans- December 2, 2002, pursuant to 5 U.S.C. Flood Elevation Determination [Docket No. mitting the Department’s final rule — Food 801(a)(1)(A); to the Committee on Agri- FEMA-P-7618] received December 20, 2002, Labeling: Health Claims; D-tagatose and culture. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Dental Caries [Docket No. 02P-0177] received 14. A letter from the Congressional Review mittee on Financial Services. December 11, 2002, pursuant to 5 U.S.C. Coordinator, Animal and Plant Health In- 24. A letter from the General Counsel, Fed- 801(a)(1)(A); to the Committee on Energy and spection Service, Department of Agriculture, eral Emergency Management Agency, trans- Commerce. transmitting the Department’s final rule — mitting the Agency’s final rule — Final 34. A letter from the Director, Regulations Agricultural Bioterrorism Protection Act of Flood Elevation Determinations — received Policy and Management Staff, Department 2002; Possession, Use, and Transfer of Bio- December 20, 2002, pursuant to 5 U.S.C. of Health and Human Services, transmitting logical Agents and Toxins [Docket No. 02-088- 801(a)(1)(A); to the Committee on Financial the Department’s final rule — Dental De- 1] (RIN: 0579-AB47) received December 20, Services. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the 25. A letter from the General Counsel, Fed- vices; Classification for Intraoral Devices for Committee on Agriculture. eral Emergency Management Agency, trans- Snoring and/or Obstructive Sleep Apnea 15. A letter from the Administrator, Agri- mitting the Agency’s final rule — Final [Docket No. 02N-0010] received December 4, cultural Marketing Service, Fruit and Vege- Flood Elevation Determinations — received 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the table Programs, Department of Transpor- December 20, 2002, pursuant to 5 U.S.C. Committee on Energy and Commerce. tation, transmitting the Department’s final 801(a)(1)(A); to the Committee on Financial 35. A letter from the Director, Regulations rule — Raisins Produced From Grapes Grown Services. Policy and Managment Staff, FDA, Depart- in California; Temporary Suspension of a 26. A letter from the General Counsel, Na- ment of Health and Human Services, trans- Provision, and Extension of Certain Dead- tional Credit Union Administration, transmitting the Department’s final rule — Alu- lines Under the Raisin Diversion Program mitting the Administration’s final rule — minum in Large and Small Volume [Docket No. FV03-989-2 IFR] received Decem- Federal Credit Unions; Miscellaneous Tech- Parenterals Used in Total Parenteral Nutri- ber 20, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); nical Amendment — received December 20, tion; Amendment; Delay of Effective Date to the Committee on Agriculture. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the [Docket No. 90N-0056] (RIN: 0910-AA74) re- 16. A letter from the Acting Principal Dep- Committee on Financial Services. ceived December 17, 2002, pursuant to 5 uty Associate Administrator, Environmental 27. A letter from the General Counsel, Na- U.S.C. 801(a)(1)(A); to the Committee on En- Protection Agency, transmitting the Agen- tional Credit Union Administration, trans- ergy and Commerce.

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\L07JA7.000 H07PT1 January 7, 2003 CONGRESSIONAL RECORD — HOUSE H47 36. A letter from the Director, Regulations United States caused by the lapse of the Ex- ceived December 11, 2002, pursuant to 5 Policy and Management Staff, FDA, Depart- port Administration Act of 1979, pursuant to U.S.C. 801(a)(1)(A); to the Committee on Gov- ment of Health and Human Services, trans- 50 U.S.C. 1641(c) and 50 U.S.C. 1703(c); (H. ernment Reform. mitting the Department’s final rule — Pre- Doc. No. 108—7); to the Committee on Inter- 56. A letter from the NARA Regulatory siding Officers at Regulatory Hearings; Con- national Relations and ordered to be printed. Contact, National Archives and Records Ad- firmation of Effective Date [Docket No. 02N- 46. A communication from the President of ministration, transmitting the Administra- 0251] received December 11, 2002, pursuant to the United States, transmitting a 6-month tion’s final rule — Expanding Transfer Op- 5 U.S.C. 801(a)(1)(A); to the Committee on periodic report on the national emergency tions for Electronic Records (RIN: 3095-AB03) Energy and Commerce. with respect to the risk of nuclear prolifera- received December 30, 2002, pursuant to 5 37. A letter from the Acting Principal Dep- tion created by the accumulation of weap- U.S.C. 801(a)(1)(A); to the Committee on Gov- uty Associate Administrator, Environmental ons-usable fissile material in the territory of ernment Reform. Protection Agency, transmitting the Agen- the Russian Federation that was declared in 57. A letter from the Deputy Archivist of cy’s final rule — Approval and Promulgation Executive Order 13159 of June 21, 2000, pursu- the United States, National Archives and of State Plans for Designated Facilities; Vir- ant to 50 U.S.C. 1641(c) and 50 U.S.C. 1703(c); Records Administration, transmitting the gin Islands [Region II Docket No. VI3-1, (H. Doc. No. 108—9); to the Committee on Administration’s final rule — Offical Seals FRL-7420-4] received December 10, 2002, pur- International Relations and ordered to be (RIN: 3095-AB12) received December 4, 2002, suant to 5 U.S.C. 801(a)(1)(A); to the Com- printed. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Energy and Commerce. 47. A communication from the President of mittee on Government Reform. 38. A letter from the Acting Principal Dep- the United States, transmitting a combined 58. A letter from the Director, Office of uty Associate Administrator, Environmental 6-month report on the national emergencies Personnel Management, transmitting the Of- Protection Agency, transmitting the Agen- declared with respect to the Federal Repub- fice’s final rule — Excepted Service — Sched- cy’s final rule — Approval and Promulgation lic of Yugoslavia (Serbia and Montenegro) in ule A Authority for Chinese, Japanese, and of Air Quality Implementation Plans; Com- Executive Order 12808 on May 30, 1992 and Hindu Interpreters (RIN: 3206-AJ53) received monwealth of Virginia; Repeal of Emission Kosovo in Executive Order 13088 on June 9, December 4, 2002, pursuant to 5 U.S.C. Standards for Perchloroethylene Dry Clean- 1998, pursuant to 50 U.S.C. 1641(c) and 50 801(a)(1)(A); to the Committee on Govern- ing Systems [VA125-5058a; FRL-7422-1] re- U.S.C. 1703(c); (H. Doc. No. 108—11); to the ment Reform. 59. A letter from the Clerk, U.S. House of ceived December 10, 2002, pursuant to 5 Committee on International Relations and Representatives, transmitting list of reports U.S.C. 801(a)(1)(A); to the Committee on En- ordered to be printed. pursuant to clause 2, Rule II of the Rules of ergy and Commerce. 48. A communication from the President of the House of Representatives, pursuant to 39. A letter from the Acting Principal Dep- the United States, transmitting a 6-month Rule II, clause 2(b), of the Rules of the uty Associate Administrator, Environmental periodic report on the national emergency House; (H. Doc. No. 108—14); to the Com- Protection Agency, transmitting the Agen- with respect to Libya that was declared in mittee on House Administration and ordered cy’s final rule — Approval and Promulgation Executive Order 12543 of January 7, 1986, pur- to be printed. of Implementation Plans: Revisions to the suant to 50 U.S.C. 1641(c) and 50 U.S.C. 60. A letter from the Director, Office of Alabama Nitrogen Oxides Budget and Allow- 1703(c); (H. Doc. No. 108—12); to the Com- Surface Mining, Department of the Interior, ance Trading Program [AL-059-200306(a); mittee on International Relations and or- transmitting the Department’s final rule — FRL-7419-9] received December 10, 2002, pur- dered to be printed. Iowa Abandoned Mine Land Reclamation suant to 5 U.S.C. 801(a)(1)(A); to the Com- 49. A communication from the President of Plan [IA-007-FOR] received November 27, mittee on Energy and Commerce. the United States, transmitting notification 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the 40. A letter from the Acting Principal Dep- that the Libya emergency is to continue in Committee on Resources. uty Associate Administrator, Environmental effect beyond January 7, 2003, pursuant to 50 61. A letter from the Acting Director, Of- Protection Agency, transmitting the Agen- U.S.C. 1622(d); (H. Doc. No. 108—13); to the fice of Surface Mining, Department of the In- cy’s final rule — National Emission Stand- Committee on International Relations and terior, transmitting the Department’s final ards for Hazardous Air Pollutants: Municipal ordered to be printed. rule — West Virginia Regulatory Program Solid Waste Landfills [OAR-2002-0047; FRL- 50. A letter from the Assistant Legal Ad- [WV-096-FOR] received November 27, 2002, 7418-2] (RIN: 2060-AH13) received December 4, viser for Treaty Affairs, Department of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the State, transmitting copies of international mittee on Resources. Committee on Energy and Commerce. agreements, other than treaties, entered into 62. A letter from the Director, Office of 41. A letter from the Acting Principal Dep- by the United States, pursuant to 1 U.S.C. Surface Mining, Department of the Interior, uty Associate Administrator, Environmental 112b(a); to the Committee on International transmitting the Department’s final rule — Protection Agency, transmitting the Agen- Relations. Mississippi Regulatory Program [MS-017- cy’s final rule — New Jersey: Final Author- 51. A letter from the Assistant Legal Ad- FOR] received November 27, 2002, pursuant to ization of State Hazardous Waste Program viser for Treaty Affairs, Department of 5 U.S.C. 801(a)(1)(A); to the Committee on Revision [FRL-7412-6] received December 4, State, transmitting copies of international Resources. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the agreements, other than treaties, entered into 63. A letter from the Deputy Assistant Ad- Committee on Energy and Commerce. by the United States, pursuant to 1 U.S.C. ministrator for Operations, NMFS, National 42. A letter from the Acting Principal Dep- 112b(a); to the Committee on International Oceanic and Atmospheric Administration, uty Associate Administrator, Environmental Relations. transmitting the Administration’s final rule Protection Agency, transmitting the Agen- 52. A letter from the Assistant Legal Ad- — Fisheries of the Exlusive Economic Zone cy’s final rule — Perfluoroalkyl Sulfonates; viser for Treaty Affairs, Department of Off Alaska; Prohibition of Non-pelagic Trawl Significant New Use Rule [OPPT-2002-0043; State, transmitting copies of international Gear in Cook Inlet in the Gulf of Alaska FRL-7279-1] (RIN: 2070-AD43) received Decem- agreements, other than treaties, entered into [Docket No. 0205222128-2267-02; I.D. 050602B] ber 4, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); by the United States, pursuant to 1 U.S.C. (RIN: 0648-AP79) received December 4, 2002, to the Committee on Energy and Commerce. 112b(a); to the Committee on International pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 43. A letter from the Acting Principal Dep- Relations. mittee on Resources. uty Associate Administrator, Environmental 53. A letter from the Assistant Secretary 64. A letter from the Acting Director, Of- Protection Agency, transmitting the Agen- for Legislative Affairs, Department of State, fice of Sustainable Fisheries, NMFS, Na- cy’s final rule — Revisions to the California transmitting the Department’s final rule — tional Oceanic and Atmospheric Administra- State Implementation Plan, Monterey Bay Bureau of Political-Military Affairs; Amend- tion, transmitting the Administration’s final Unified Air Pollution District, Ventura ments to the International Traffic in Arms rule — Fisheries Off West Coast States and County Air Pollution Control District Regulation: Canadian Exemption [Billing in the Western Pacific; Pacific Coast [CA144-0375a; FRL-7410-9] received December Code 4710-25] received December 9, 2002, pur- Groundfish Fishery; annual Specifications 4, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to suant to 5 U.S.C. 801(a)(1)(A); to the Com- and Management Measures; Trip Limit Ad- the Committee on Energy and Commerce. mittee on International Relations. justments; Correction [Docket No. 011231309- 44. A communication from the President of 54. A communication from the President of 2090-03; I.D. 111302A) received December 4, the United States, transmitting a 6-month the United States, transmitting an alter- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the periodic report on the national emergency native plan for locality pay increases pay- Committee on Resources. with respect to Burma declared by Executive able to civilian Federal employees covered 65. A letter from the Acting Director, Of- Order 13047 of May 20, 1997, pursuant to 50 by the General Schedules pay system in Jan- fice of Sustainable Fisheries, NMFS, Na- U.S.C. 1641(c)and 50 U.S.C. 1703(c); (H. Doc. uary 2003, pursuant to 5 U.S.C. 5305(a)(3); (H. tional Oceanic and Atmospheric Administra- No. 108—5); to the Committee on Inter- Doc. No. 108—8); to the Committee on Gov- tion, transmitting the Administration’s final national Relations and ordered to be printed. ernment Reform and ordered to be printed. rule — Fisheries of the Caribbean, Gulf of 45. A communication from the President of 55. A letter from the Director, Bureau of Mexico, and South Atlantic; Coastal Migra- the United States, transmitting a 6-month the Census, Department of Commerce, trans- tory Pelagic Resources of the Gulf of Mexico report on the national emergency declared mitting the Department’s final rule — Bu- and South Atlantic; Closure [Docket No. by Executive Order 13222 of August 17, 2001, reau of the Census Geographically Updated 001005281-0369-02; I.D. 112602D] received De- to deal with the threat to the national secu- Population Certification Program [Docket cember 11, 2002, pursuant to 5 U.S.C. rity, foreign policy, and economy of the No. 020919216-2287-02] (RIN: 0607-AA37) re- 801(a)(1)(A); to the Committee on Resources.

VerDate Dec 13 2002 05:39 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\L07JA7.000 H07PT1 H48 CONGRESSIONAL RECORD — HOUSE January 7, 2003 66. A letter from the Acting Director, Of- (SEVIS) [INS No. 2185-02] (RIN: 1115-AF55) re- mitting the Department’s final rule — Air- fice of Sustainable Fisheries, NMFS, Na- ceived December 11, 2002, pursuant to 5 worthiness Directives; PIAGGIO AERO IN- tional Oceanic and Atmospheric Administra- U.S.C. 801(a)(1)(A); to the Committee on the DUSTRIES S.p.A. Model P-180 Airplanes tion, transmitting the Administration’s final Judiciary. [Docket No. 2002-CE-48-AD; Amendment 39- rule — Fisheries of the Caribbean, Gulf of 75. A letter from the Director, Office Work- 12954; AD 2002-23-10] (RIN: 2120-AA64) received Mexico, and South Atlantic; Coastal Migra- ers’ Compensation Programs, Department of December 16, 2002, pursuant to 5 U.S.C. tory Pelagic Resources of the Gulf of Mexico Labor, transmitting the Department’s 801(a)(1)(A); to the Committee on Transpor- and south Atlantic; Trip Limit Reduction ’’Major’’ final rule — Performance of Func- tation and Infrastructure. [I.D. 112602E] received December 11, 2002, pur- tions Under This Chapter; Claims for Com- 85. A letter from the FHWA Regulations suant to 5 U.S.C. 801(a)(1)(A); to the Com- pensation Under the Energy Employees Oc- Officer, Department of Transportation, mittee on Resources. cupational Illness Compensation Program transmitting the Department’s final rule — 67. A letter from the Acting Director, Of- Act of 2000, as Amended, pursuant to 5 U.S.C. Design-Build Contracting [FHWA Docket No. fice of Sustainable Fisheries, NMFS, Na- 801(a)(1)(A); to the Committee on the Judici- FHWA-2000-7799] (RIN: 2125-AE79) received tional Oceanic and Atmospheric Administra- ary. December 16, 2002, pursuant to 5 U.S.C. tion, transmitting the Administration’s final 76. A letter from the Assistant Secretary, 801(a)(1)(A); to the Committee on Transpor- rule — Atlantic Highly Migratory Species Bureau of Indian Affairs, Department of the tation and Infrastructure. Fisheries; Atlantic Bluefin Tuna [I.D. Interior, transmitting the Department’s 86. A letter from the Chief, Regulations 110102E] received November 26, 2002, pursuant final rule — Partial Distribution of Fiscal and Administrative Law, USCG, Department to 5 U.S.C. 801(a)(1)(A); to the Committee on Year 2003 Indian Reservation Roads Funds of Transportation, transmitting the Depart- Resources. (RIN: 1076-AE34) received January 3, 2003, ment’s final rule — Special Local Regula- 68. A letter from the Acting Director, Of- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tions; Winterfest Boat Parade, Broward fice of Sustainable Fisheries, NMFS, Na- mittee on Transportation and Infrastruc- County, Fort Lauderdale, Florida [CGD07-02- tional Oceanic and Atmospheric Administra- ture. 122] (RIN: 2115-AE46) received December 16, tion, transmitting the Administration’s final 77. A letter from the Chief, Regulations 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the rule — Magnuson-Stevens Fishery Conserva- and Administrative Law, USCG, Department Committee on Transportation and Infra- tion and Management Act Provisions; Fish- of Transportation, transmitting the Depart- structure. eries of the Northeastern United States; ment’s final rule — Safety and Security 87. A letter from the Chief, Regulations Northeast Multispecies Fishery; Exemption Zones; Drilling and Blasting Operations, and Administrative Law, USCG, Department Supplement to Framework Adjustment 35 Hubline Project, Captain of the Port Boston, of Transportation, transmitting the Depart- [Docket No. 021101265-2265-01; I.D. 101602A] Massachusetts [CGD01-02-131] (RIN: 2115- ment’s final rule — Security Zone; Waters (RIN: 0648-AQ50) received December 4, 2002, AA97) received December 10, 2002, pursuant Adjacent to Diablo Canyon Nuclear Power to 5 U.S.C. 801(a)(1)(A); to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Plant, Avila Beach, CA [COTP Los Angeles- Transportation and Infrastructure. mittee on Resources. Long Beach 02-006] (RIN: 2115-AA97) received 78. A letter from the Chief, Regulations 69. A letter from the Acting Director, Of- December 16, 2002, pursuant to 5 U.S.C. and Administrative Law, USCG, Department fice of Sustainable Fisheries, NMFS, Na- of Transportation, transmitting the Depart- 801(a)(1)(A); to the Committee on Transpor- tional Oceanic and Atmospheric Administra- ment’s final rule — Security Zones; San tation and Infrastructure. tion, transmitting the Administration’s final 88. A letter from the Paralegal Specialist, Pedro Bay, CA [COTP Los Angeles-Long rule — Fisheries of the Exclusive Economic FAA, Department of Transportation, trans- Beach 02-004] (RIN: 2115-AA97) received De- Zone Off Alaska; Reallocation of Pacific Cod mitting the Department’s final rule — cember 10, 2002, pursuant to 5 U.S.C. in the Bering Sea and Aleutian Islands Man- Standard Instrument Approach Procedures; 801(a)(1)(A); to the Committee on Transpor- agement Area [Docket No. 011218304-1304-01; tation and Infrastructure. Miscellaneous Amendments [Docket No. I.D. 111802A] received December 4, 2002, pur- 79. A letter from the Chief, Regulations 30340; Amdt. No. 3032] received December 16, suant to 5 U.S.C. 801(a)(1)(A); to the Com- and Administrative Law, USCG, Department 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Resources. of Transportation, transmitting the Depart- Committee on Transportation and Infra- 70. A letter from the Acting Director, Of- ment’s final rule — Drawbridge Operation structure. fice of Sustainable Fisheries, NMFS, Na- Regulations; New Rochelle Harbor, NY 89. A communication from the President of tional Oceanic and Atmospheric Administra- [CGD01-02-134] (RIN: 2115-AE47) received De- the United States, transmitting his annual tion, transmitting the Administration’s final cember 10, 2002, pursuant to 5 U.S.C. report on the state of small business, pursu- rule — Fisheries of the Northeastern United 801(a)(1)(A); to the Committee on Transpor- ant to 15 U.S.C. 639(a); to the Committee on States; Black Sea Bass Fishery; Commerical tation and Infrastructure. Small Business. Quota Harvested for Quarter 4 Period [Dock- 80. A letter from the Chief, Regulations 90. A letter from the Executive Secretary, et No. 011109274-1301-02; I.D. 101602E] received and Administrative Law, USCG, Department Disabled American Veterans, transmitting December 4, 2002, pursuant to 5 U.S.C. of Transportation, transmitting the Depart- the 2002 National Convention Proceedings of 801(a)(1)(A); to the Committee on Resources. ment’s final rule — Drawbridge Operation the Disabled American Veterans, pursuant to 71. A letter from the Acting Director, Of- Regulation; Mississippi River, Clinton, IA 36 U.S.C. 90i and 44 U.S.C. 1332; (H. Doc. No. fice of Sustainable Fisheries, NMFS, Na- [CGD08-02-027] (RIN: 2115-AE47) received De- 108—4); to the Committee on Veterans’ Af- tional Oceanic and Atmospheric Administra- cember 16, 2002, pursuant to 5 U.S.C. fairs and ordered to be printed. tion, transmitting the Administration’s final 801(a)(1)(A); to the Committee on Transpor- 91. A letter from the Chief, Regulations Di- rule — Atlantic Highly Migratory Species tation and Infrastructure. vision, Bureau of Alcohol, Tobacco and Fire- Fisheries; Atlantic Bluefin Tuna [I.D. 81. A letter from the Chief, Regulations arms, Department of the Treasury, transmit- 112801A] received December 4, 2002, pursuant and Administrative Law, USCG, Department ting the Department’s final rule — Yadkin to 5 U.S.C. 801(a)(1)(A); to the Committee on of Transportation, transmitting the Depart- Valley Viticultural Area (2001R-88P) [T.D. Resources. ment’s final rule — Security Zones; Charles- No. ATF-485; Re: Notice No. 936] (RIN: 1512- 72. A letter from the Director, Regulations ton Harbor, Cooper River, SC [COTP Charles- AC82) received December 11, 2002, pursuant and Forms Services, INS, Department of Jus- ton-02-146] (RIN: 2115-AA97) received Decem- to 5 U.S.C. 801(a)(1)(A); to the Committee on tice, transmitting the Department’s final ber 16, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); Ways and Means. rule — Waiver of Criminal Grounds of Inad- to the Committee on Transportation and In- 92. A letter from the Chief, Regulations missibility for Immigrants [INS No. 2249-02; frastructure. Unit, Internal Revenue Service, transmitting AG Order No. 2641-2002] (RIN: 1115-AG90) re- 82. A letter from the Chief, Regulations the Service’s final rule — Loans From a ceived December 27, 2002, pursuant to 5 and Administrative Law, USCG, Department Qualified Employer Plan to Plan Partici- U.S.C. 801(a)(1)(A); to the Committee on the of Transportation, transmitting the Depart- pants or Beneficiaries [TD 9021] (RIN: 1545- Judiciary. ment’s final rule — Drawbridge Operation AX68) received December 9, 2002, pursuant to 73. A letter from the Director, Regulations Regulations: Hutchinson River, Eastchester 5 U.S.C. 801(a)(1)(A); to the Committee on and Forms Services, INS, Department of Jus- Creek, NY [CGD01-02-138] received December Ways and Means. tice, transmitting the Department’s final 16, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to 93. A letter from the Chief, Regulations rule — Adjustment of Status for Certain the Committee on Transportation and Infra- Unit, Internal Revenue Service, transmitting Aliens from Vietnam, Cambodia, and Laos in structure. the Service’s final rule — Changes in ac- the United States [INS No. 2124-01; AG Order 83. A letter from the Paralegal Specialist, counting periods and methods of accounting No. 2642-2002] (RIN: 1115-AG14) received De- FAA, Department of Transportation, trans- [Rev. Proc. 2002-74] received December 9, cember 27, 2002, pursuant to 5 U.S.C. mitting the Department’s final rule — 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on the Judici- Standard Instrument Approach Procedures; Committee on Ways and Means. ary. Miscellaneous Amendments [Docket No. 94. A letter from the Chief, Regulations 74. A letter from the Director, Regulations 30339; Amdt. No. 3031] received December 6, Unit, Internal Revenue Service, transmitting and Forms Services, INS, Department of Jus- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Service’s final rule — Licensing of tice, transmitting the Department’s final Committee on Transportation and Infra- Viatical Settlement Providers [Rev. Rul. rule — Retention and Reporting of Informa- structure. 2002-82] received December 9, 2002, pursuant tion for F, J, and M Nonimmigrants; Student 84. A letter from the Paralegal Specialist, to 5 U.S.C. 801(a)(1)(A); to the Committee on and Exchange Visitor Information System FAA, Department of Transportation, trans- Ways and Means.

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\L07JA7.000 H07PT1 January 7, 2003 CONGRESSIONAL RECORD — HOUSE H49 95. A letter from the Chief, Regulations Under Accident and Health Plans [Rev. Rul. to the Committee on Homeland Security and Unit, Internal Revenue Service, transmitting 2002-80] received November 27, 2002, pursuant ordered to be printed. the Service’s final rule — Weighted Average to 5 U.S.C. 801(a)(1)(A); to the Committee on 107. A letter from the Executive Director, Interest Rate Update [Notice 2002-80] re- Ways and Means. Office of Compliance, transmitting the ceived December 9, 2002, pursuant to 5 U.S.C. 102. A letter from the Chief, Regulations fourth biennial report on the applicability to 801(a)(1)(A); to the Committee on Ways and Unit, Internal Revenue Service, transmitting the legislative branch of federal law relating Means. the Service’s final rule — Allocation of Na- to terms and conditions of employment and 96. A letter from the Chief, Regulations tional Limitation for Qualified Zone Acad- access to public services and accommoda- Unit, Internal Revenue Service, transmitting emy Bonds for Year 2003 [Rev. Proc. 2002-72] tions, pursuant to section 102(b) of the Con- the Service’s final rule — Interest Rates; Un- received December 11, 2002, pursuant to 5 gressional Accountability Act of 1995; (H. derpayments and Overpayments [Rev. Rul. U.S.C. 801(a)(1)(A); to the Committee on Doc. No. 108—15); jointly to the Committees 2002-70] received December 9, 2002, pursuant Ways and Means. on House Administration and Education and to 5 U.S.C. 801(a)(1)(A); to the Committee on 103. A letter from the Chief, Regulations the Workforce, and ordered to be printed. Ways and Means. Unit, Internal Revenue Service, transmitting 108. A communication from the President 97. A letter from the Chief, Regulations the Service’s final rule — Last-in, First-out of the United States, transmitting the An- Unit, Internal Revenue Service, transmitting inventories [Rev. Rul. 2002-87] received De- nual Report of the Railroad Retirement the Service’s final rule — Coordinated Issue cember 11, 2002, pursuant to 5 U.S.C. Board for Fiscal Year 2002, pursuant to 45 All Industries ‘‘Basis Shifting’’ Tax Shelter 801(a)(1)(A); to the Committee on Ways and U.S.C. 231f(b)(6); jointly to the Committees [UIL NO: 9300.18-00] received December 9, Means. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the on Transportation and Infrastructure and 104. A letter from the Chief, Regulations Committee on Ways and Means. Ways and Means. Unit, Internal Revenue Service, transmitting 98. A letter from the Chief, Regulations 109. A letter from the Regulations Coordi- Unit, Internal Revenue Service, transmitting the Service’s final rule — Taxpayer Identi- fication Number Rule Where Taxpayer nator, Department of Health and Human the Service’s final rule — Liability for Insur- Services, transmitting the Department’s ance Premium Excise Tax [TD 9024] (RIN: Claims Treaty Rate and Is Entitled to an Un- expected Payment [TD 9023] (RIN: 1545-BA39) ‘‘Major’’ final rule — Medicare Program; Re- 1545-AY93) received December 2, 2002, pursu- visions to Payment Policies Under the Phy- ant to 5 U.S.C. 801(a)(1)(A); to the Committee received November 25, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on sician Fee Schedule for Calendar Year 2003 on Ways and Means. and Inclusion of Registered Nurses in the 99. A letter from the Chief, Regulations Ways and Means. Personnel Provision of the Critical Access Unit, Internal Revenue Service, transmitting 105. A communication from the President Hospital Emergency Services Requirement the Service’s final rule — Taxability of Bene- of the United States, transmitting a reorga- for Frontier Areas and Remote Locations, ficiary of Employees’ Trust [Rev. Rul. 2002- nization plan for the Department of Home- pursuant to 5 U.S.C. 801(a)(1)(A); jointly to 84] received November 27, 2002, pursuant to 5 land Security; (H. Doc. No. 108—16); to the the Committees on Ways and Means and En- U.S.C. 801(a)(1)(A); to the Committee on Committee on Homeland Security and or- ergy and Commerce. Ways and Means. dered to be printed. 100. A letter from the Chief, Regulations 106. A communication from the President 110. A communication from the President Unit, Internal Revenue Service, transmitting of the United States, transmitting notifica- of the United States, transmitting a report the Service’s final rule — Exchange of Prop- tion of the functions, personnel, assets, and on the progress made in achieving the mili- erty Held for Productive Use or Investment liabilities of the life sciences activities re- tarily significant benchmarks for conditions [Rev. Rul. 2002-83] received November 27, lated to microbial pathogens of the Biologi- that would achieve a sustainable peace in 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the cal and Environmental Research Program of Kosovo, pursuant to Public Law 106—398; (H. Committee on Ways and Means. the Department of Energy, including the Doc. No. 108—6); jointly to the Committees 101. A letter from the Chief, Regulations fuctions of the Secretary of Energy relating on International Relations, Armed Services, Unit, Internal Revenue Service, transmitting thereto, shall be transferred to the Secretary and Appropriations and ordered to be print- the Service’s final rule — Amounts received of Homeland Security; (H. Doc. No. 108—17); ed.

N O T I C E Incomplete record of House proceedings. Today’s House proceedings will be continued in the next issue of the Record.

VerDate Dec 13 2002 03:59 Jan 08, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 8633 E:\CR\FM\L07JA7.000 H07PT1