July 26, 2002 CONGRESSIONAL RECORD — HOUSE H5845 get into place systems that would prevent ter- land security. Let us not take a step backward INSON, Mr. SESSIONS, Ms. COLLINS, and rorists from stowing bombs in baggage being today. Mr. BUNNING, to be the conferees on the loaded onto airplanes. That seems to make I encourage my colleagues to support the part of the Senate. good sense. Oberstar/Menendez Amendment, and keep The message also announced that We have equipment that has already been our nation in the spirit of progress, and our air- pursuant to Public Law 103–227, the certified to be able to detect explosives that ports moving in the right direction. Chair, on behalf of the President pro could destroy an airplane in flight. Just last The CHAIRMAN pro tempore. The tempore, appoints the following indi- week, Transportation Secretary Norm Mineta question is on the amendment offered vidual to the National Skill Standards came before the Select Committee, and gave by the gentleman from Minnesota (Mr. Board for a term of four years: testimony that yes indeed, the TSA would OBERSTAR). Upon the recommendation of the Re- meet the December 31, 2002 deadline to get The question was taken; and the publican Leader: that equipment installed. Again, everything Chairman pro tempore announced that Betty W. DeVinney of Tennessee, seemed to be on track. the noes appeared to have it. Representative of Business. But now, all of a sudden, because the job Mr. OBERSTAR. Mr. Chairman, I de- The message also announced that is hard and it may be challenging to get the mand a recorded vote. pursuant to Public Law 107–171, the job done exactly on time, we are going to dou- The CHAIRMAN pro tempore. Pursu- Chair, on behalf of the Republican ble the amount of time given to get the job ant to clause 6 of rule XVIII, further Leader, announces the appointment of done. We are going from one year to two proceedings on the amendment offered Mr. Robert H. Forney, of Indiana, to years. At a time when we have been warned by the gentleman from Minnesota (Mr. serve as a member of the Board of that terrorists may still be walking our land, OBERSTAR) will be postponed. Trustees of the Congressional Hunger and on a day that we are trying to make his- The Committee will rise informally. Fellows Program. tory by securing our nation, we are going to The Speaker pro tempore (Mr. SIMP- The SPEAKER pro tempore. The say, ‘‘Don’t worry about the deadline. Let’s SON) assumed the chair. Committee will resume its sitting. leave the window open to terrorists for another f f year.’’ As a former lawyer in the Pan Am 103 HOMELAND SECURITY ACT OF 2002 air crash case, where I represented the family MESSAGE FROM THE SENATE of a deceased flight attendant, I cannot take A message from the Senate by Mr. The Committee resumed its sitting. the chance that a suitcase bomb could ex- Monahan, one of its clerks, announced The CHAIRMAN pro tempore. It is plode on a passenger-full airplane. To change that the Senate has passed without now in order to consider amendment the deadline is a profoundly bad idea. amendment concurrent resolutions of No. 24 printed in House Report 107–615. The argument for leaving the window open the House of the following titles: b 1700 is that if we wait, we can maybe use better H. Con. Res. 448. Concurrent resolution technology, or install the equipment more effi- AMENDMENT NO. 24 OFFERED BY MS. providing for a special meeting of the Con- SCHAKOWSKY ciently. The problem with that argument is that gress in New York, New York, on Friday, Ms. SCHAKOWSKY. Mr. Chairman, I we are vulnerable now. The American people September 6, 2002, in remembrance of the offer an amendment. deserve protection now. It is like if you had victims and heroes of September 11, 2001, in The CHAIRMAN. The Clerk will des- cancer. There are always better drugs coming recognition of the courage and spirit of the ignate the amendment. out each year. So if you get cancer, do you City of New York, and for other purposes. H. Con. Res. 449. Concurrent resolution The text of the amendment is as fol- wait a year until the next generation of drugs providing for representation by Congress at a lows: comes out, or do you work with what you’ve special meeting in New York, New York, on got? Of course you work with what you’ve got. Amendment No. 24 offered by Ms. Friday, September 6, 2002. SCHAKOWSKY And that is the position we are in today. Ter- The message also announced that the Strike subtitle C of title VII. rorism is like a cancer that has the potential to Senate has passed a bill and a concur- Strike section 762 and insert the following: destroy us. We have to take the medicine rent resolution of the following titles SEC. 762. REMEDIES FOR RETALIATION AGAINST now. in which the concurrence of the House WHISTLEBLOWERS. But we don’t even need to look beyond the is requested: Section 7211 of title 5, United States Code, aviation industry for such analogies. We have is amended— paid the price of ‘‘waiting for the next best S. 2771. An act to amend the John F. Ken- (1) by inserting ‘‘(a)’’ before ‘‘The right’’; nedy Center Act to authorize the Secretary thing’’ before. In the 1980s we had an oppor- and of Transportation to carry out a project for (2) by adding at the end the following: tunity to have collision avoidance equipment, construction of a plaza adjacent to the John ‘‘(b) Any employee aggrieved by a viola- called TCAS II, installed in all of our airplanes. F. Kennedy Center for the Performing Arts, tion of subsection (a) may bring a civil ac- TCAS II worked pretty well, but it only gave and for other purposes. tion in the appropriate United States dis- vertical directions for evasive actions to the S. Con. Res. 132. Concurrent resolution pro- trict court, within 3 years after the date on plane. So, the FAA waited. While they waited viding for a conditional adjournment or re- which such violation occurs, against any for TCAS III, three tragic midair collisions oc- cess of the Senate and a conditional adjourn- agency, organization, or other person respon- curred—three deadly crashes that could have ment of the House of Representatives. sible for the violation, for lost wages and been avoided if the FAA had moved when it The message also announced that the benefits, reinstatement, costs and attorney fees, compensatory damages, and equitable, had the chance. After the third crash, legisla- Senate insist upon its amendment to the bill (H.R. 4546) ‘‘An Act to author- injunctive, or any other relief that the court tion was finally passed that required the instal- considers appropriate. Any such action shall, lation of TCAS II even though it was not per- ize appropriations for fiscal year 2003 upon request of the party bringing the ac- fect and would eventually be replaced. for military activities of the Depart- tion, be tried by the court with a jury. Let us not waste hundreds of lives again. ment of Defense, for military construc- ‘‘(c) The same legal burdens of proof in pro- Keeping the TSA and our nation’s airports tion, and for defense activities of the ceedings under subsection (b) shall apply as on track to get a baggage screening system Department of Energy, to prescribe under sections 1214(b)(4)(B) and 1221(e) in the into place by the end of this year is not a rash personnel strengths for such fiscal year case of an alleged prohibited personnel prac- action. If extenuating circumstances present at for the Armed Forces, and for other tice described in section 2302(b)(8). purposes,’’ requests a conference with ‘‘(d) For purposes of this section, the term a few airports, the Aviation and Transportation ‘employee’ means an employee (as defined by Security Act already authorizes alternatives to the House on the disagreeing votes of section 2105) and any individual performing keep those airports up to code. They can em- the two Houses thereon, and appoints services under a personal services contract ploy positive bag match, manual search, Mr. LEVIN, Mr. KENNEDY, Mr. BYRD, Mr. with the Government (including as an em- search by dogs, or any other technology ap- LIEBERMAN, Mr. CLELAND, Ms. ployee of an organization).’’. proved by the TSA. Even if they do not, there LANDRIEU, Mr. REED, Mr. AKAKA, Mr. The CHAIRMAN pro tempore (Mr. are no established penalties or punishments NELSON of Florida, Mr. NELSON of Ne- SWEENEY). Pursuant to House Resolu- for non-compliance. There is no reason to risk braska, Mrs. CARNAHAN, Mr. DAYTON, tion 502, the gentlewoman from Illinois taking an extra year to complete this critical Mr. BINGAMAN, Mr. WARNER, Mr. THUR- (Ms. SCHAKOWSKY) and a Member op- task. MOND, Mr. MCCAIN, Mr. SMITH of New posed each will control 15 minutes. Since September 11th we have been Hampshire, Mr. INHOFE, Mr. SANTORUM, The Chair recognizes the gentle- marching forward on the path toward home- Mr. ROBERTS, Mr. ALLARD, Mr. HUTCH- woman from Illinois.

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.131 pfrm17 PsN: H26PT1 H5846 CONGRESSIONAL RECORD — HOUSE July 26, 2002 Ms. SCHAKOWSKY. Mr. Chairman, I to protecting public safety, such as the ability of the Department of Home- yield myself such time as I may con- chemical spills, results of testing to de- land Security to be effective. sume. termine levels of water and air pollu- Now, let me make a couple of points Mr. Chairman, on behalf of the gen- tion, compliance records, and mainte- clear from the beginning. Whistle- tlewoman from Hawaii (Mrs. MINK) and nance and repair records. Corporations blowers are protected in the legislation the gentleman from Ohio (Mr. could dump information they want to now. That is one of the specific protec- KUCINICH) I rise to offer an amendment hide into this department under the tions we were talking about earlier in that will prevent the Department of cover critical infrastructure informa- the various management flexibility Homeland Security from becoming the tion. Corporate lobbyists can meet amendments which were offered. Whis- ‘‘department of homeland secrecy.’’ I with government officials in the name tleblowers are protected now. want to commend the gentleman from of critical infrastructure protection Now, under current law, various com- California (Mr. WAXMAN) and his staff, and hide their collusion behind this ex- panies and industries have to disclose as well as the Select Committee, par- clusion. certain information. Nothing changes ticularly its ranking member, the gen- If we create the Department without under this bill. They still have to dis- tlewoman from California (Ms. PELOSI). my amendment, corporations will no close that information, and we add no First, this amendment strikes sub- longer need to bury their secrets in the loopholes. There are no new require- title C of section VII of the underlying footnotes, or even shred their docu- ments, and they cannot hide. They still bill, language that excludes from the ments. They can hide them in the have to meet the current requirements. Freedom of Information Act informa- FOIA exclusion at the Department of But our hope is that under the new law, tion submitted voluntarily from cor- Homeland Security. No longer will in- the Department of Homeland Security porations regarding critical infrastruc- dustry officials have to hide their will receive additional information vol- ture information. It strikes language meetings with government officials. untarily from industries. They will tell that preempts all State and local open The exemption from FACA will offer us their vulnerabilities. They will tell records laws. them a safe haven within which to us what they are worried about in their Second, this amendment strikes sec- have those secret meetings. State and computer networks. They will tell us tion 762, language that allows the Sec- local authorities would also be barred what they are worried about in their retary to circumvent the Federal Advi- from and subject to jail sentences for infrastructure. We want them to tell the Federal sory Committee Act, FACA, by putting disclosing information that they re- Government that information volun- all the deliberations of those advisory quire to make public, even if it is be- tarily, so that we can help protect that committees beyond public reach. cause it is withheld at the Federal infrastructure. They will not disclose Third, this amendment provides real level. that information if you just turn right teeth to protections against retaliation This amendment also protects the around and make it public. It could be for whistleblowers, the kind of individ- rights of whistleblowers. My colleagues trade secrets, it could be information uals who have been the lifeblood of ex- will go into more detail. But most that you are giving to the terrorists. posing failures at the FBI to heed whistleblowers are not as high profile You certainly do not want to help warnings of terrorists within the coun- as Sharon Watkins of Enron or Coleen try, and exposing corporate mis- them. Rowley of the FBI, to whom we owe a So, to go as far as the amendment conduct. great debt, and many of them suffer re- does in requiring this additional infor- The Freedom of Information Act is a taliation. They often lose their jobs or mation, which is voluntarily disclosed law carefully crafted to balance the are demoted as punishment for speak- to the government, to turn around and ability of our citizens to access infor- ing out. make all that public means that com- mation and the interests of those who It is clear that the protections cur- panies simply will not disclose it, we want to protect such information from rently available simply are not work- will not know their vulnerabilities, and public scrutiny. There are nine exemp- ing. Since the Whistleblower Protec- this Department will not be able to do tions to FOIA, including national secu- tion Act was amended in 1994, 74 of the its job to protect infrastructure. rity information and business informa- 75 court decisions have gone against Mr. Chairman, I would suggest the tion. FOIA currently protects informa- whistleblowers. So my amendment better course would be to reject this tion that is a trade secret or informa- gives whistleblowers the right to go to amendment. There are essential pro- tion that is commercial and privileged court instead of going through the ad- tections already in the bill. We do not or confidential. In addition, President ministrative process and requires the need more. Reagan issued Executive Order 12600 same burden of proof to be used in Ms. SCHAKOWSKY. Mr. Chairman, I that gives businesses even more oppor- whistleblower cases as in all other yield 3 minutes to the gentlewoman tunities to oppose disclosure of infor- cases involving personnel actions. from Hawaii (Mrs. MINK), a cosponsor mation. Mr. Chairman, I believe that we are of the amendment. In fact, I and other Members of the in great danger today of tipping the Mrs. MINK of Hawaii. Mr. Chairman, Committee on Government Reform re- delicate balance between security and I thank the gentlewoman for yielding peatedly have asked proponents of this basic, precious freedoms, those rights me time. exclusion, including the FBI and De- that uniquely define our American de- Mr. Chairman, I would like to di- partment of Commerce, for even one mocracy. We can have both, and I urge rectly respond to the prior speaker, single example of when a Federal agen- my colleagues to restore the balance who made a case for further extension cy has disclosed voluntarily submitted and support my amendment. of the exemptions for the Freedom of data against the express wishes of the Mr. Chairman, I reserve the balance Information Act by arguing that it was industry that submitted that informa- of my time. necessary in order to protect private tion. They could not name one case. Mr. ARMEY. Mr. Chairman, I rise in sources of information that might be Instead, we are told that FOIA rules opposition to the amendment. necessary for this new Department. just are not conducive to disclosure, The CHAIRMAN pro tempore. The I want to call the attention of the that corporations are not comfortable gentleman from Texas is recognized for House to the current Freedom of Infor- releasing data needed to protect our 15 minutes. mation Act, which already includes country, even if we are at war. Mr. ARMEY. Mr. Chairman, I am nine exemptions for all Federal agen- Is our new standard for deciding such happy to yield 2 minutes to the distin- cies, including the Defense Department fundamental questions of openness and guished gentleman from Texas (Mr. and all the other security-type organi- accountability in our democracy how THORNBERRY). zations that now exist that fall under comfortable industry will be? Environ- Mr. THORNBERRY. Mr. Chairman, I the Freedom of Information Act and mental groups, open government thank the gentleman for yielding me have done so for the last 30 years, be- groups and press organizations support time. cause they are protected under the ex- my amendment because the broad se- Mr. Chairman, I oppose this amend- emptions that exist under current law. crecy provisions of the new Depart- ment because I believe that this The exemptions are all classified doc- ment would hide information critical amendment will significantly damage uments. The government has the power

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.125 pfrm17 PsN: H26PT1 July 26, 2002 CONGRESSIONAL RECORD — HOUSE H5847 to classify documents. So if there is This is a very narrowly tailored We narrowly tailor these so we do something in their possession that is FOIA exemption that will allow com- not take away what FOIA offers the essential to the national security or panies out there that have innovative general public, very important protec- homeland security, they could classify ideas in terms of how to protect our tions. But if we do not allow it in these those documents. They have that critical infrastructure, it will allow narrow instances, I am afraid we are power inherent in the FOIA legislation. them to disclose it to the government not going to have the tools to fight ter- As far as private confidential trade without fear of it being discovered by rorism. This legislation, I think, helps secrets, there is an exemption specifi- competitors or terrorists. the private sector, including the ISOs, cally for business information. So We have to remind ourselves that we to move forward without fear from the there exists already the power of the discovered when we went into the caves government. It is essential. government to classify as non- in Afghanistan that al Qaeda groups Mr. Chairman, I oppose this amend- approachable by a Freedom of Informa- had copies of GAO reports and other ment. tion request information which is pri- government information obtained Ms. SCHAKOWSKY. Mr. Chairman, I vate, trade secrets, or something which through the Freedom of Information am proud to yield 2 minutes to the gen- is essential to the protection of busi- Act. While we work to protect our Na- tleman from California (Mr. WAXMAN), ness. tion’s assets in this war against ter- the ranking Democrat on the Com- All of these rules exist. The exemp- rorism, we also need to make sure we mittee on Government Reform and a tions exist. They were part of legisla- are not arming terrorists. leader in this House on both homeland tion which I helped to work out in the The previous speaker spoke about security and good government. early 1970s, and they have stood the how they worked on this in the early Mr. WAXMAN. Mr. Chairman, I test of time. 1970s. I would submit the world has thank the gentlewoman for yielding me It has created a broad range of pro- changed. There was a challenge from time. tections for the people of the United the other side saying there were no in- Mr. Chairman, it is remarkable, the States. The most important liberty, stances where information was not position of the Republican Party freedom, that we have is that we as in- shared. Just last year it was discovered today. It really shows the bankruptcy dividual citizens of this country have that the widely used implementations of that party. The Republican party the right to information that the gov- of the simple network management used to stand for the idea that there ernment possesses, and we do so by protocol, a fundamental element of the should be some distrust of government. making a FOIA request. Internet, contained vulnerabilities that The theory was it can get too big, too I cannot conceive of enlarging the could expose the Internet’s infrastruc- bureaucratic; the federal government nine exemptions that already exist. ture to attack. Many companies were could interfere in the lives of individ- What kind of a Department of Home- reluctant to give the government infor- uals and start dictating policies from land Security are we creating? Why mation about these vulnerabilities, Washington. So what does this bill do? does it have to have all of the super which were not yet mentioned in the It grows the bureaucracy. It wastes protections of private information, general press, for fear that the vulner- money. With these Freedom of Infor- when we already have nine exemptions ability information would be forced to mation and FACA changes, it allows that exist that can protect every single be disclosed once it was in the govern- the government to keep things secret. suggested item that has been discussed ment’s hands and this could create sub- You know who wrote the Freedom of here on the floor? stantial risk to their customers and to Information Act? Barry Goldwater So I hope that people will realize the Internet and the U.S. economy. wrote it. Barry Goldwater wrote FOIA, that under this climate, being con- I might also add the Department of because he said a government that has cerned about terrorism and the protec- Energy for years has asked that elec- so much power can intrude in the lives tion of property and the protection of tric utility industries provide it with a of individuals, and he wanted the pub- life and so forth, we cannot jeopardize list of critical facilities. They have lic to know what was going on. those things that we have fought for so consistently refused because they do This bill and the way it is drafted hard, so diligently, and which have, to not want to create a target list that without the Schakowsky amendment a large measure, enabled the public of could be released under the Freedom of would allow this administration to the United States to know what is Information Act. I suspect there are meet in secret with business executives going on. The nuclear tests out in the many, many others. and lobbyists, just like it did in the En- Midwest and the terrible things that We need to remember that the crit- ergy Task Force Vice President Cheney happened from them would have con- ical infrastructure of the United States chaired. The administration could keep tinued to be the secrets of the govern- is largely owned and operated by the it all quiet. It could, in the name of na- ment if we did not have FOIA. But be- private sector, 90 percent operated by tional security, reward all these big in- cause we had the Freedom of Informa- the private sector. Understanding the dustry groups that it is now so be- tion Act, we enabled the public to be vulnerabilities, experiencing the holden to, by meeting with executives better informed and we enabled the vulnerabilities, finding, if you will, from the airline industry when they Congress to do a better job in legis- antidotes to these vulnerabilities, is come in for special favors. But the pub- lating. something that the private sector has lic will never know, because the Free- Mr. Chairman, I urge adoption of this much more experience in than the pub- dom of Information Act, which pro- amendment. lic sector. We need that information at tected all of us, will now be wiped out. Mr. ARMEY. Mr. Chairman, I yield 3 the Federal level if we are to protect Remember the days when the Repub- minutes to the gentleman from Vir- our critical infrastructure. licans said Washington is not the place ginia (Mr. TOM DAVIS), the author of This very narrowly tailored amend- where all the wisdom is located? Well, the original FOIA language, who has ment, I might add, went through the what do they do? They preempt the done such an excellent job. Senate committee on a bipartisan States from having Freedom of Infor- (Mr. TOM DAVIS of Virginia asked unanimous vote. There were no con- mation laws that are more open to the and was given permission to revise and cerns over there, because it is narrowly public than what we are going to get in extend his remarks.) tailored. This is essential if we are the bill passed today. Mr. TOM DAVIS of Virginia. Mr. going to get companies to be able to It is a very sad day to see this in the Chairman, let me first of all say I volunteer to the government solutions Republican Party. I did not used to think the problem with this amend- that can help us protect our critical in- agree with them, but I used to respect ment is it goes in the wrong direction. frastructure. them, when they worried about a big We are all strong supporters of FOIA There is precedent for this. I heard intrusive government that wasted legislation. I served in local govern- arguments that this is unprecedented. money, that grew bureaucracy and be- ment for 15 years, and the Freedom of If you take a look at the successful came inefficient. Now it is responsive Information Act applies to local gov- Y2K Act, Information Readiness Dis- just to special interest big money. ernment. Strangely enough, Congress closure Act, it provided a limited FOIA Mr. ARMEY. Mr. Chairman, I am is exempt from any of these exemp- exemption and civil litigation protec- pleased to yield 3 minutes to the gen- tions. tion for shared information. tleman from Indiana (Mr. BURTON), the

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.126 pfrm17 PsN: H26PT1 H5848 CONGRESSIONAL RECORD — HOUSE July 26, 2002 distinguished chairman of the Com- and the private sector to disclose it to House ought to be aware of, the case of mittee on Government Reform, the government. They are not going to do Mark Graf. committee of jurisdiction. it if they feel like they are going to be Mark Graf was an alarm station su- Mr. BURTON of Indiana. Mr. Chair- threatened or they will expose some- pervisor and Authorized Derivative man, I thank the gentleman for yield- thing that might lead to a terrorist at- Classifier. He worked 17 years at the ing me time. tack. Department of Energy’s Rocky Flats Mr. Chairman, I would just like to This is a commonsense, real world Environmental Technology Site. After say to my good friends, the gentleman proposal, and we should not tie our the Wackenhut Services, a private se- from California (Mr. WAXMAN) and the hands behind our backs when it comes curity agency, took over this site with gentlewoman from Illinois (Ms. to fighting terrorism and protecting more than 21 tons of uranium and plu- SCHAKOWSKY), I have high regard for the American people. tonium, Mark Graf witnessed the both of them. We have tried to work on I hate to say this, but I have high re- elimination of their bomb detecting this in a bipartisan manner, and I real- gard for the gentlewoman from Illinois unit, sloppy emergency drills, and neg- ly hope this whole issue does not de- (Ms. SCHAKOWSKY) and the gentleman ligence at taking inventory of the plu- generate into a political name-calling from California (Mr. WAXMAN), but this tonium for months at a time. He and session, because we all want the same amendment would do more harm than several other high-level officials raised thing. We want to make sure Ameri- good. serious concerns about a terrorist risk cans are secure and free from the b 1715 to the security of plutonium, as more threat of terrorism. than a ton of the material is unac- Now, the President wants to encour- We need to make sure we take every counted for at Rocky Flats. He took age the private sector to give informa- step possible to get the private sector his concerns to management, which tion to the Department of Homeland working with the government to make took no action. Security to enhance the safety of the sure we are free from terrorist attacks. In 1995, after blowing the whistle to a American people. He is concerned that The CHAIRMAN pro tempore (Mr. Member of Congress, Mr. Graf was im- the people we are talking about will SWEENEY). The Chair wishes to inform mediately reassigned from the areas not volunteer information if they Members that the gentleman from that raised concerns in the first place. think whatever they turn over will be Texas (Mr. ARMEY) has 7 minutes re- In a classified memo to the site super- released to the public under the Free- maining and the gentlewoman from Il- visors and later to the Defense Nuclear dom of Information Act. I think he is linois (Ms. SCHAKOWSKY) has 51⁄2 min- Facilities Safety Board, he outlined right. You would not want some ter- utes remaining. specific vulnerabilities which, if ex- rorist getting some of this information Ms. SCHAKOWSKY. Mr. Chairman, I ploited, could result in catastrophic that would be voluntarily given to yield 31⁄2 minutes to the gentleman consequences. Homeland Security. from Ohio (Mr. KUCINICH) whose whis- With no corrective action being Let me give you an example. If a tleblower amendment passed in the taken, he did an interview with CBS business owner recognizes that some Committee on Government Reform, the News. After the interview, he was sub- part of his business infrastructure language included in this bill. jected to a psychological evaluation might be vulnerable to a terrorist at- Mr. KUCINICH. Mr. Chairman, it and placed on administrative leave. As tack, we want him to be able to come would be unfortunate, in our efforts to a condition of returning to work, he to the government and tell us about improve homeland security, if suddenly was gagged from speaking to Congress, what he thinks might be done and how our government became less open, less the media, the agency, and also under to deal with it. We want him to go to transparent. It would appear if we do the threat of job termination. the Department of Homeland Security that, then the terrorists win, because In 1998, he filed and later won a whis- and be very candid. We wanted to be their attack is on our basic premise of tleblower reprisal complaint currently proactive, not reactive. democracy, of a free and open society. being appealed by his employers. His This is the sort of information we The current language in the bill fails disclosures contributed to legislation must have to prevent tragedy to the to protect transferred homeland secu- in the 1998 Defense Authorization Bill American people. But if the business- rity, civil servants from whistleblower requiring an annual review of the safe- man is worried and if his lawyers are reprisals. Under the current Whistle- ty and security program. worried that whatever he voluntarily blower Protection Act, the standard We have a nuclear industry in this discloses will go straight into the pub- bureaucratic response has been to si- country with over 100 nuclear reactors, lic domain and hence maybe to the ter- lence messengers blowing the whistle many of which have been relicensed rorists, as we said earlier today, then on national security breakdowns. and have reactor vessels that have been he probably will not do it. Now, the Schakowsky-Kucinich-Mink embrittled. We have a hole in a reactor We are in a war. I hope my colleagues amendment is designed, and it is need- that is trying to be repaired in Toledo, all remember that. We are in a war. We ed, to protect national security whis- Ohio. Nuclear reactors are part of the need to take steps to guarantee that tleblowers by allowing them to peti- critical infrastructure. This bill would those people will come to us with that tion Congress directly and providing an let a cover-up be, in effect, okay in the information to protect the safety of effective remedy for any reprisal taken name of national security so that the the American people, and that is why I by the new agency. public would never know about a hole oppose this amendment. Whistleblower rights are workers’ in a nuclear reactor or anything that I think the concerns raised by the rights and no worker should lose his or was done that compromises the secu- sponsors of the bill, and I have high re- her job for exposing waste, cover-up, rity of people who lived in the area. gard for all of them, are misplaced. The and lies of his or her superiors. It is This amendment is necessary. This Freedom of Information Act will not be ironic that in a bill which is designed amendment is in the interests of our harmed. The legislation we will vote on to fight terrorism we have a provision national security and our public today will not allow people to dodge designed to terrorize workers. health. the Freedom of Information Act. This The passage of this amendment is Mr. ARMEY. Mr. Chairman, it is my bill does not change FOIA or the rules vital to protect the security of the pleasure to yield 2 minutes to the dis- of FOIA for any other forms that busi- American people. The September 11 tinguished gentleman from Ohio (Mr. nesses have to produce to any agency terrorist attacks highlight a long- PORTMAN). of the Federal Government. The only standing necessity to strengthen free Mr. PORTMAN. Mr. Chairman, I thing that will not be subject to FOIA speech protections for national secu- think the FOIA concerns over parts of information are the vulnerabilities to rity whistleblowers, a number of whom this amendment have already been terrorist attacks. have already made significant con- made by others, but I will say just to The government needs the kind of in- tributions to reducing U.S. terrorist my friend from Ohio, that is clearly formation we are talking about, and we vulnerability. not the intent of the underlying bill will not get it unless there is a vol- Now, Mr. Chairman, I just want to nor is it the impact of the underlying untary decision by the business people offer one example of a case that this bill. All of the FOIA requirements that

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.129 pfrm17 PsN: H26PT1 July 26, 2002 CONGRESSIONAL RECORD — HOUSE H5849 we would have, including right to tions to whistleblowers is a true ticket the subject of a lawsuit. The fact, know, would continue to be operative. to trouble for America. It is a ‘‘kill- though, is that that was government This is a very narrow stipulation that, the-messenger’’ and ‘‘hide-the-body’’ activity that was made available with regard to infrastructure informa- approach that tries to sweep all prob- through the Freedom of Information tion provided by the private sector, lems, including ones that endanger Act. that we would get limited FOIA protec- basic public health and safety, under The gentleman from California (Mr. tion, which is absolutely necessary for the carpet by increasing the power of WAXMAN) talked about the Republican national security, and that has been self-appointed censors and denying Party. These are governmental activi- discussed. whistleblowers protection from retalia- ties. What we are dealing with in this This amendment would also create a tion. exception is information that comes plaintiff lawyers’ dream as I see it, and The only lesson that some people from private parties who own 90 per- that is the civil actions open to puni- have learned from Enron is the value of cent of the infrastructure. tive damages for whistleblowers claim- secrecy. After all, who exposed Enron’s This amendment is ill advised, inap- ing to have suffered from reprisal. The misconduct? A whistleblower named propriate; and I suggest that my col- mere threat of these punitive damages Sheeron Watkins. Certainly no one in leagues vote against it. can cause defendants, including the this Congress exposed it. Indeed, some Mr. ARMEY. Mr. Chairman, I am government, to settle cases; and it are still trying to ignore the causes of proud to yield 2 minutes to the gen- does, to settle cases that have ques- what happened at Enron. tleman from Virginia (Mr. MORAN). tionable merit just to reduce that risk Meanwhile, with this Administra- Mr. MORAN of Virginia. Mr. Chair- of an extreme verdict. tion, this is not the only place where man, I really like and respect its au- The opportunity of punitive damages secrecy is beloved. Just ask Vice Presi- thor, but I have to urge my colleagues for a plaintiff, can make an otherwise dent CHENEY about his ‘‘Energy Policy to vote against the Schakowsky meritless case look awfully tempting Development Group’’. We can ask, but amendment on the Freedom of Infor- to pursue, just in case the jury does he will not tell until a court makes mation Act. come in with a big verdict. It is exces- him do it. This is a very narrow restriction on sive. Let us be clear. The committee Congress should not shield unscrupu- public disclosure of information about bill does have traditional whistle- lous employers who wield the powerful the private industry’s critical infra- blower protections in it. I am kind of weapon of the pink slip to intimidate structure. We all rely on that privately tired of hearing it does not. Please turn their workers into silence in order to owned infrastructure of this Nation: to page 185 of the bill, because it is conceal and perpetuate activities that computer networks, phone and power right there. These are the whistle- endanger America. lines, airplanes, et cetera. As the gen- blower protections that we have cur- tleman from Virginia (Mr. TOM DAVIS) b 1730 rently and they should be continued. said, 90 percent of our critical infra- They are important. These are citizen crime-fighters, who structure is owned by the private sec- We should be promoting team spirit deserve the protection that we provide tor. at this new Department, collaboration. crime-fighters, not our scorn. In President Clinton’s Directive 63, The bill gives the Department the I have confidence in the power of cou- an effort was put into play to enable chance to give merit pay, performance rageous individuals to make lasting the owners of this infrastructure to bonuses in order to make this depart- contributions to our Nation—to im- communicate with each other and for- ment work better as a team. That is prove our private and public institu- mulate effective response plans to ter- the right incentive. tions. Congress should advance that in- rorism, extortion, and hacking. How- Let us not give incentives to start terest by building in government ac- ever, PD–63, that Presidential direc- disputes in the off chance that a clever countability and by ensuring that our tive, found that companies would not plaintiffs’ lawyer might find something government is as open as possible, share information about threats to to win in a settlement. Let us stick where employees are encouraged to fix their infrastructure because of their with the strong whistleblower protec- security problems, not to hide them. lawyers’ concerns about FOIA and tions we have in the underlying legisla- Vote in favor of the Schakowsky antitrust. Sharing such information tion. Let us stick with the FOIA provi- amendment. would put them in an even more vul- sions which are appropriate to provide Mr. ARMEY. Mr. Chairman, I am nerable position with respect to their this narrow limitation with regard to proud to yield 1 minute to the distin- customers, their shareholders, and infrastructure information that is im- guished gentleman from Utah (Mr. their competitors. portant to protecting the national se- CANNON). I have to say, some of the objections curity of this country. Let us vote (Mr. CANNON asked and was given that this amendment addresses are down this amendment and support the permission to revise and extend his re- misleading. It is not unprecedented. underlying bill. marks.) Congress passed Y2K legislation to ex- Ms. SCHAKOWSKY. Mr. Chairman, Mr. CANNON. Mr. Chairman, I was empt information-sharing about crit- could I inquire as to how much time we intrigued by the comments of the gen- ical infrastructure vulnerabilities from have remaining. tlewoman from Hawaii (Mrs. MINK) and use in lawsuits and disclosure to third The CHAIRMAN pro tempore. The also the gentleman from California. My parties. It is narrower than that Y2K gentlewoman from Illinois (Ms. first job as a lawyer was to work with legislation. It contains numerous defi- SCHAKOWSKY) has 2 minutes remaining. Stuart Udall in the late 1970s when he nitions. It provides no immunity from Ms. SCHAKOWSKY. Mr. Chairman, I was suing the Federal Government on liability, no limit on discovery or law- yield the balance of the time to the the facts that came out about the fall- suits, no free pass on criminal activity. gentleman from Texas (Mr. DOGGETT). out, which came out, in fact, in the All required disclosures under the Mr. DOGGETT. Mr. Chairman, how context of FOIA requests. Clean Air and Clean Water Act must many times will this Congress need to Let me say that the information that continue. relearn the very basic lesson that an came out was remarkable. I read every If we do not include this limited unaccountable government is an irre- page of that information of the discus- FOIA restriction, we will not be able to sponsible government? When we con- sions that were held at very high levels say we did everything we could to pre- front difficult problems, we can either in the military about how they should pare and defend our homeland. It is a work to try to solve them, or we can control the information about fallout narrowly crafted restriction on FOIA, seek to hide them. Without the amend- and subject citizens of the United and it can help win the war on ter- ment that is being advanced at the mo- States knowingly to the unknown ef- rorism; so I urge my colleagues to join ment, it is the latter choice that is fects, known to be bad; but the scope of me in voting against the Schakowsky being made. those effects were unknown at the amendment and for the Davis-Moran Exempting so much of this new bu- time. amendment, which comes up next. reaucracy from the Freedom of Infor- I agree that it was appropriate to Mr. ARMEY. Mr. Chairman, I yield mation Act and denying basic protec- have that information come out and be myself the balance of my time.

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.135 pfrm17 PsN: H26PT1 H5850 CONGRESSIONAL RECORD — HOUSE July 26, 2002 Mr. Chairman, the amendment of the The CHAIRMAN pro tempore. The there is a great deal of publicly avail- gentlewoman from Illinois (Ms. Clerk will designate the amendment. able information that can be used by SCHAKOWSKY) would do two things. It The text of the amendment is as fol- those who wish us harm. But we should would set aside some very carefully lows: not release sensitive information not crafted language that modifies FOIA Amendment No. 25 offered by Mr. TOM normally available in the public do- out of consideration for private sector DAVIS of Virginia: main because a private entity has vol- firms who are asked to share crucial Strike paragraph (2) of section 722, and in- untarily cooperated with the Federal information with the government. sert the following: Government, the Federal or local gov- That would be a mistake to set that (2) COVERED FEDERAL AGENCY.—The term ernment. aside. We need these firms that own so ‘‘covered Federal agency’’ means the Depart- We have a successful model for this much of our infrastructure to cooper- ment of Homeland Security and any agency type of limited exemption from FOIA ate. designated by the Department or with which in the public and private efforts that the Department shares critical infrastruc- Let me just say, FOIA was designed were undertaken to prepare for the for the American people to understand ture information. The CHAIRMAN pro tempore. Pursu- Y2K computer programming glitch, what is going on in this government; ant to House Resolution 502, the gen- and that effort was an astounding suc- not designed, nor would I think many tleman from Virginia (Mr. TOM DAVIS) cess. I urge Members to support the Americans would think it appropriate, and a Member opposed each will con- Davis amendment. to use FOIA to force private citizens or The CHAIRMAN pro tempore. Does corporations to give their information trol 10 minutes. The Chair recognizes the gentleman any Member rise in opposition? up to people like trial lawyers, news- Ms. DELAURO. Yes, Mr. Chairman, I from Virginia (Mr. TOM DAVIS). paper editors, or college professors, the do. I seek the time to control in opposi- Mr. TOM DAVIS of Virginia. Mr. three practical categories of people tion to this amendment. Chairman, I ask unanimous consent who access FOIA information. The CHAIRMAN pro tempore. The The second part of the gentle- that my time be equally divided be- gentlewoman from Connecticut is rec- woman’s amendment is predicated on tween myself and the gentleman from ognized for 10 minutes in opposition. the misrepresentation that we do not Virginia (Mr. MORAN). Ms. DELAURO. Mr. Chairman, I yield protect whistleblowers in this legisla- The CHAIRMAN pro tempore. Is myself 3 minutes. tion. This myth has been running there objection to the request of the Mr. Chairman, I rise in strong opposi- amok in public discourse since the gentleman from Virginia? tion to this amendment which would President proposed this. It was always There was no objection. take a bad idea and make it worse. We the President’s intention, and I believe Mr. TOM DAVIS of Virginia. Mr. all understand the need to safeguard discerning people would have recog- Chairman, I yield 2 minutes to the gen- sensitive information relating to na- nized the President’s intention in ev- tleman from Utah (Mr. CANNON). tional security. The FOIA statute al- erything he said and submitted. It cer- (Mr. CANNON asked and was given ready contains exemptions for critical tainly is our intention on page 185 of permission to revise and extend his re- infrastructure information, confiden- this bill to protect whistleblowers. marks.) tial business information, for national So, one, Mr. Chairman, the argument Mr. CANNON. Mr. Chairman, I want security information. In effect, the that this bill contains no protection for to express my support for the amend- tools are in place to protect this kind whistleblowers is just plain flat wrong. ment offered by my good friend, the of information without curtailing the The perceptiveness of any eighth-grad- gentleman from Virginia (Mr. TOM public’s right to know. er who can read would reveal that to DAVIS), the chairman of the Sub- This provision defines infrastructure anyone. committee on Technology and Procure- information so broadly that it covers Now, what the gentlewoman does, ment Policy. He has worked thought- all kinds of lobbying requests, even building on the myth that there is no fully on this issue for many years now. lobbyists asking for liability protec- protection, is to provide extra special Although the underlying bill con- tion. In essence and in effect, this pro- protections in the form of compen- tains some of the necessary protections vision is a lobbyists’ protection act. An satory damages. Also, and I like this for private organizations to coordinate energy company could shield itself one, lawyers across America must be with each other and share information from liability from radioactive mate- licking their chops over this one: ‘‘any with the government, it does not go far rials that leaked from its nuclear other relief that the court considers enough. This amendment is a critical power plant, and lobbyists and indus- appropriate not currently available to element to facilitate the type of pub- try officials would be allowed to com- whistleblowers.’’ lic-private cooperation we want to see municate with Department staff Mr. Chairman, if Members want to developed in protecting vital elements charged with critical decisions without win the lottery, they should buy a of our infrastructure. any public disclosure. We saw that al- ticket. In the meantime, vote down That cooperation should not be arti- ready with the protracted fight with this amendment and defend the rights ficially limited to the Department of the administration, with the Energy of the American people that are legiti- Homeland Security exclusively when Department, where they were forced to mate and just. the President may want other existing turn over documents that showed much The CHAIRMAN pro tempore (Mr. Departments to be recipients of infra- of the White House energy plan was SWEENEY). All time has expired. structure vulnerability information. The question is on the amendment written by the energy lobbyists. A fact of life is that 90 percent of our We have another example of the kind offered by the gentlewoman from Illi- critical infrastructure in this country, of information that could be kept from nois (Ms. SCHAKOWSKY). whether it is telecommunications fa- The question was taken; and the the public if this amendment passes. Chairman pro tempore announced that cilities, pipelines, or electricity, the After a fatal Amtrak derailment in the noes appeared to have it. electricity grid, is held not by the gov- southern Iowa, investigation showed Ms. SCHAKOWSKY. Mr. Chairman, I ernment but by private companies and that a stretch of privately owned rail- demand a recorded vote. individuals. In order to induce these road track which suffered from over The CHAIRMAN pro tempore. Pursu- private entities to voluntarily share in- 1,500 defects was partly to blame. The ant to clause 6 of rule XVIII, further formation about their vulnerabilities FOIA exemptions in this bill would proceedings on the amendment offered and security protections with each have kept this information, which is by the gentlewoman from Illinois (Ms. other and with the government, they essential to prevent another disaster, SCHAKOWSKY) will be postponed. need to be granted clear advance assur- from the public; and expanding those It is now in order to consider amend- ances that such collaboration and in- exemptions to other agencies would ment No. 25 printed in House Report formation-sharing will not hurt them. only keep more health and safety infor- 107–615. Even more importantly, we need to mation from the public. AMENDMENT NO. 25 OFFERED BY MR. TOM DAVIS ensure that such information is not We should not be using this bill to OF VIRGINIA used to our collective detriment. Open- curtail the public’s right to know Mr. TOM DAVIS of Virginia. Mr. ness is a great asset of our society, but about critical health information, safe- Chairman, I offer an amendment. there needs to be a balance. Already ty information. We should not use it, if

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.138 pfrm17 PsN: H26PT1 July 26, 2002 CONGRESSIONAL RECORD — HOUSE H5851 you will, as a way to give corporations and other computer systems. But ev- chemicals stored at its facility; it a way to avoid accountability for their erything worked, and there were no would make this request on the actions. Y2K disasters because of that legisla- grounds that this information could be Mr. Chairman, I reserve the balance tion, which did very much the same useful to terrorists. It could also be of my time. thing that this legislation does. useful for the public to know. Under Mr. MORAN of Virginia. Mr. Chair- The success of our approach to Y2K this amendment, they would say that man, I yield myself such time as I may should be followed now. As with Y2K, has to be exempt from disclosure. A consume. we have to create an environment drug company could lobby the Depart- Mr. Chairman, I rise today in support where private industry can discuss and ment of Health and Human Services to of the amendment offered by the gen- share with the government information relax human testing requirements for tleman from Virginia (Mr. TOM DAVIS). about threats, best practices, and de- drugs that might have homeland secu- In fact, this amendment is actually an fenses against terrorism. rity uses. And under this amendment, abbreviated version of a bill that he b 1745 this information would be exempt from and I sponsored, H.R. 2435, the Cyber disclosure. A manufacturer can lobby Security Information Act. And I have to say, I do not think the the Department of Labor to relax Some people thought our bill was too objections raised are based on an accu- worker safety regulations on the broad, so we worked together in a bi- rate description of the language in this grounds that the regulations add un- partisan manner with the administra- bill. Contrary to what it’s opponents necessary costs that limit its ability to tion and all the committees of jurisdic- are saying, our FOIA provisions are not implement securities measures, and tion, the interest groups, and the pub- a mechanism to hide corporate wrong- under this amendment, this informa- lic to craft a very narrow restriction doing or environmental disasters. The tion would be exempt from disclosure. on public disclosure of information FOIA provisions in this bill provide no Now in our committee I raised this about the private industry’s critical in- immunity from liability. There is no point and the gentleman from Virginia frastructure. limit on discovery of lawsuits, and no (Mr. DAVIS) said absolutely not true. The FOIA exemption at issue here is free pass on criminal activity. More- He said, this is not to protect lobbying deliberately narrow, but it has ad- over, all required disclosures under the and to assure the Members who were dressed concerns that are legitimate. environmental statutes such as the raising this point, he agreed, and ev- We all rely on the critical infrastruc- Clean Air Act or the Clean Water Act erybody supported, an amendment I of- ture of this Nation, and over 90 percent must continue. fered to the bill that said nothing in of that critical infrastructure is pri- Without this legislation, we will not this subtitle shall apply to any infor- vate. This is where our principal vul- be able to say that we did everything mation submitted in the course of lob- nerability lies. In Presidential Direc- we could to prepare our people and pre- bying any covered Federal agency. tive 63, which was issued by President vent disasters and defend our home- So what happened? The bill went to Clinton, it enabled the owners of this land. This very limited restriction on the Select Committee on Homeland Se- private infrastructure to communicate FOIA can contribute to winning the curity and it struck it out. What does with each other and formulate effec- war on terrorism. That is why we need that tell you? Why would the members tive response plans to any acts of ter- to support it. of the Select Committee strike that rorism, extortion, or hacking; but that Mr. Chairman, I reserve the balance out? Because they want to protect the Presidential Directive 63 found that of my time. lobbyists that come ask for special fa- companies would not share information Mr. TOM DAVIS of Virginia. Mr. vors. This is just like they want to pro- about threats to their infrastructure Chairman, I reserve the balance of my tect the groups that might be negligent because of their concerns about FOIA time. in giving services or devices that they antitrust and liability. Ms. DELAURO. Mr. Chairman, I yield are going to sell to the government. So today, as we continue to fight our 3 minutes to the gentleman from Cali- It is a giveaway. It is a giveaway to war on terrorism, many companies fornia (Mr. WAXMAN). special interest groups that I am sure want to help us by sharing what they Mr. WAXMAN. Mr. Chairman, I are major contributors to the Repub- have discovered; but they will not be- thank the gentlewoman very much for lican campaign committee. I believe it cause they are legitimately concerned yielding me time. and I see evidence of it over and over that in revealing actual or potential The Freedom of Information Act pro- again. There is no attempt to make network risks and vulnerabilities, they visions in this bill are a continuation this a bipartisan bill. They want it to may inadvertently heighten their own of the current administration’s on- be partisan and they want it for their risks if all the information they pro- slaught on the public’s right to know special contributors. vide the government has to be pub- and they should be struck from the The CHAIRMAN pro tempore (Mr. lished under the Freedom of Informa- bill. Now we have the Davis amend- SWEENEY). The Chair wishes to advise tion Act. ment which dramatically expand them. Members that the gentlewoman from Without exemption from FOIA, busi- We know what this administration Connecticut (Ms. DELAURO) has 5 min- nesses are likely to spend a lot of valu- has done so far. It would not disclose utes remaining. The gentleman from able time and resources scrubbing vir- what lobbyists and energy companies Virginia (Mr. MORAN) has 11⁄2 minutes tually all information supplied to the met with the Chaney energy task force. remaining. The gentleman from Vir- new Department of Homeland Security It issued an executive order limiting ginia (Mr. TOM DAVIS) has 3 minutes re- so that they do not inadvertently dis- the release of presidential records. It maining. close market-sensitive information to repeatedly refused to release informa- Ms. DELAURO. Mr. Chairman, I yield their commercial rivals. tion requested by Congress, including 2 minutes to the gentlewoman from Il- This narrowly crafted freedom of in- even basic census information. Now it linois (Ms. SCHAKOWSKY). formation exemption in this bill will wants a huge statutory loophole in- Ms. SCHAKOWSKY. Mr. Chairman, alleviate this widespread industry con- serted in the Freedom of Information we are told over and over again as we cern and accomplish a fundamental Act. The majority says this is to pro- create this Department of Homeland goal of this legislation: collaborative tect information that may be nec- Security that we are at war, that these and constructive business-government essary to protect homeland security. are very special times. And clearly we cooperation in the cause of homeland Let me submit to the Members that need to know about infrastructure security. what they really want to do is to pro- vulnerabilities. There is no question We faced and solved a potential crisis tect lobbying groups, special interest about it. Such information is essential. like this before with our Y2K act. Ev- groups, from having the fact that they Well, I wonder if it occurred to the erybody remembers when we woke up have gone in and asked for special fa- majority that one way to get that in- the morning of January 1, 2000, we won- vors to be disclosed. formation might be to require it. For dered if the Y2K preparations were Under this amendment, a chemical an issue as critical as national secu- enough, or if we would face shutdowns company can go to the EPA and ask to rity, it is striking that the administra- of our critical infrastructure, banks, relax the requirement that it report tion is apparently unwilling to require

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.140 pfrm17 PsN: H26PT1 H5852 CONGRESSIONAL RECORD — HOUSE July 26, 2002 companies to submit information on emption that was passed by this House taxpayer money in one side and out the vulnerabilities, but instead willing and signed by the President on the Y2K other side, the only thing that comes only to rely on coaxing it from them Readiness Act. So we have done our out are the government-approved voluntarily by relaxing the disclosure best to make sure the Freedom of In- leaks. law that is a cornerstone of open gov- formation Act is protected. For over 2 decades while the Soviet ernment. This does not apply to lobbyists. I do Union existed and the Berlin Wall di- Now, the gentleman from Virginia not know why the language was taken vided Europe, the Freedom of Informa- (Mr. DAVIS) purported to give an exam- out by the other committee. I certainly tion Act maintained a careful balance ple how information regarded as con- accepted antilobbying language at the between the public’s right to know and fidential by a company was released as committee level where we were before, our national security. Why today then an example of why we have to have but perhaps they took it out because have some leaders lost confidence in this. But, instead, actually what he such language is redundant. this landmark law? told us was how a company refused to The language here is very clear that Well, apparently, the answer is found give the information because they did only information that would otherwise in the language deleted from the bill not trust the government. not be attainable by government would that we are now told amazingly is ‘‘re- Again, over and over what we are now be able to be shared to protect our dundant’’. Language that clearly as- told here is not that the Freedom of In- critical infrastructure and that it has sumed that lobbying contacts would be formation Act as currently written to pertain to critical infrastructure in- revealed has been removed. And so the really does not have enough exemp- formation. If it pertains to anything clear legislative history of this bill is tions but that the lawyers for private else, it does not fit the exemption and that when lobbyists are seeking special corporations do not trust it. Do we not it would be as it currently is, available treatment from this new bureaucracy, trust the new Secretary, whoever that under the current statute. no one but them and their benefactors may be, of the Department to say we Now, this legislation has nothing to will know it occurred. Where our public will exempt those things that are a do with campaign contributions, and I safety is at stake, when we begin by threat to national security, that are a think those kinds of statements belong burying secrets, we will end with bury- threat to the confidential proprietary in the political waste basket. I think ing bodies. This amendment ought to information of a company? We have we are people of good will here who are be rejected. put all kind of power in his hands. Cer- doing our best to make sure that in de- The CHAIRMAN pro tempore. Does tainly we can trust him to do that. veloping a Department of Homeland the gentlewoman from Connecticut I think it was the gentleman from Security we are getting the best infor- (Ms. DELAURO) wish to close? Virginia (Mr. DAVIS) also said that the mation available to combat terrorism. Ms. DELAURO. Mr. Chairman, yes, I Senate passed this language or the ear- We have to remember that in the do. How much time do I have remain- lier language, the FOIA language, in caves of al Qaeda we found government ing? their version of the bill, but that is not documents obtained through the Free- The CHAIRMAN pro tempore. The true. One important exception is the dom of Information Act that lay in ter- gentlewoman from Connecticut (Ms. Senate bill does not preempt State and rorists’ hands that they were using to DELAURO) has 2 minutes remaining. local Freedom of Information and destroy us. And just as the Romans Ms. DELAURO. Mr. Chairman, I yield other kinds of public information dis- built a system and a network that took 1 minute to the gentlewoman from Ha- closure laws. It is important we should them to all corners of the Earth, it was waii (Mrs. MINK). vote down this amendment. It is dan- the same barbarians that used those Mrs. MINK of Hawaii. Mr. Chairman, gerous to our democracy. roads to come in to destroy Rome. I thank the gentlewoman for yielding The CHAIRMAN pro tempore. The What we want to do is as we build me time. Chair wishes to further inform Mem- this infrastructure, we want to protect We all want to make sure the govern- bers that the order of closure will be it from those barbarians, in this case, ment has tools with which to operate the gentleman from Virginia (Mr. the terrorists. efficiently, effectively, to safeguard MORAN), who has 11⁄2 minutes remain- Since the infrastructure is 90 percent the people and property of this coun- ing, then the gentleman from Virginia owned by the private sector, we are so- try. The government is out there col- (Mr. TOM DAVIS), who has 3 minutes re- liciting comments, we are soliciting lecting information with its own re- maining, and then the gentlewoman the experience from the private sector sources, with tax dollars. All of that from Connecticut (Ms. DELAURO), who to share with the government in a way information is now available, acces- has 3 minutes remaining. that will not be used to the private sec- sible to the public under FOIA. Why is Mr. TOM DAVIS of Virginia. Mr. tor’s detriment, so that the private it we have to generate an exemption to Chairman, I yield myself such time as sector’s competitors, so that terrorists, the private sector for voluntary infor- I may consume. so that lawyers cannot come in and get mation? Mr. Chairman, let me put a couple of this information that would otherwise If this information is necessary for things to rest. be attainable and use it against them. homeland security, the government First of all, we are simply taking the And without that protection, what we ought to be required to get that infor- base text of the bill as it is currently are finding out is companies, mation; and then, if necessary, that in- drafted as this House has approved, and innovators, small innovators are reluc- formation coming from a private we are extending the information that tant to share that information with the source can be classified. It can be could be obtained by the Secretary of government because it could bankrupt deemed to be business-related informa- Homeland Security and are allowing in those companies. tion that should be exempt. his discretion to share information This is narrowly crafted. The Senate I submit that all of the powers of the that would not otherwise be attainable agrees, at least, on the Federal portion government that now allow these ex- by the government, to share this infor- of this. I concur with the previous emptions already exist in the nine cat- mation with other Federal agencies if speaker, it does not apply to State and egories that are in current law, that it will help protect our critical infra- local on the Senate side. We do because have been effective for the last 30 years structure so that we can obtain the in- critical infrastructure also applies to to protect private interests, private formation that will keep our security State and local. I urge adoption of the business, trade secrets, everything else systems, our cybersystems in the De- amendment. in the private sector; but we have not partment of Defense or in the FBI or Ms. DELAURO. Mr. Chairman, I yield touched in any way the right of the the CIA, and the information that we 1 minute to the gentleman from Texas public to know what it is that the gov- receive through Homeland Security (Mr. DOGGETT). ernment is doing, and there should be will protect those systems. We can Mr. DOGGETT. Mr. Chairman, this no secrets. Let the public have the ab- share that information. amendment is the logical extension of solute right to know. This is a very narrowly tailored a very bad idea of spreading secrecy Mr. MORAN of Virginia. Mr. Chair- amendment. This amendment, in fact, throughout our government. It would man, I yield myself such time as I may is more narrowly tailored than an ex- enlarge a giant black hole. You pour consume to close.

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.144 pfrm17 PsN: H26PT1 July 26, 2002 CONGRESSIONAL RECORD — HOUSE H5853 Mr. Chairman, the distinguished gen- vote it down. We ought to do what is acteristics. This is not to say that the tleman from California (Mr. WAXMAN) the right thing to do, protect the Government would be barred from re- threw me for a loop a bit there when he public’s right to know. The exemptions ceiving information about potential said the language restricting lobbying are built unto the law. They have been terrorism from any member of the pub- had been taken out. But in looking working. Let us continue to let them lic. Of course, it could and it does through this, it is moot because this work. under current law. has nothing to do with lobbying. The CHAIRMAN pro tempore. The Rather, what is prohibited is the cre- The Congress just passed legislation question is on the amendment offered ation of a Government program that to address corporate accountability. by the gentleman from Virginia (Mr. would have the effect or purpose of en- The President is going to sign it. There TOM DAVIS). couraging workers and others who have are a total of 11 sections in title 18 of The question was taken; and the access to our homes and our neighbor- the Civil Service Code. These are Chairman pro tempore announced that hoods to report to the Government in- criminal law provisions. They govern the ayes appeared to have it. formation that they think is sus- the behavior of Federal employees and Ms. DELAURO. Mr. Chairman, I de- picious. This work is best left to State they restrict and prohibit acting as a mand a recorded vote. and local law enforcement officials. lobbyist, being lobbied, revolving-door The CHAIRMAN pro tempore. Pursu- There are much better ways to involve activities, financial conflicts of inter- ant to clause 6 of rule XVIII, further our communities in securing our home- est, making political contributions, proceedings on the amendment offered land. After all, we are here today to de- lobbying with appropriated monies. by the gentleman from Virginia (Mr. fend our freedoms. TOM DAVIS) will be postponed. Ms. PELOSI. Mr. Chairman, I thank b 1800 Mr. ARMEY. Mr. Chairman, I ask the majority leader. The information that we are talking unanimous consent that after debate Further, I would like to engage the about here has nothing to do with lob- concludes on all amendments made in majority leader in a colloquy about bying. It is critical infrastructure order under the rule, it be in order to Section 815 of H.R. 5005. This section vulnerabilities to terrorism. Electric recognize both the gentlewoman from makes it crystal clear that nothing in dam supervisors are not going to be California (Ms. PELOSI) and myself for this legislation authorizes the develop- having anything to do with lobbying. It the purpose of offering a pro forma ment a national identification system has to be in good faith and no evasion amendment to conclude debate. or card. Since September 11 there have of law is allowed. These are tele- The CHAIRMAN pro tempore. Is been several proposals to institute a communications managers, they are fi- there objection to the request from the national identification system or na- nancial service people, they are people gentleman from Texas? tional I.D., and all have been met with that have identified vulnerabilities, There was no objection. a great deal of controversy. Direct pas- vulnerabilities that we need to be pro- Ms. PELOSI. Mr. Chairman, I ask sage of a national I.D. card, however, is tected by. We have been told by the unanimous consent to strike the last only one possible path to such a sys- FBI, by the Office of Critical Infra- word. tem. There have also been proposals to structure Protection. The CHAIRMAN pro tempore. Is establish a national I.D. through the They desperately need this kind of there objection to the request from the back door of the State driver’s license. language. The Department of Home- gentlewoman from California? For example, in a recent report, the land Security needs it. Otherwise we There was no objection. nonpartisan National Research Council cannot act effectively. We are not Ms. PELOSI. Mr. Chairman, I sought called the American Association of going to be able to protect the people that time in order to engage the major- Motor Vehicle Administrators’ stand- of this country if our private sector ity leader in colloquy about section 770 ardization proposal a ‘‘nationwide iden- that runs 90 percent of critical infra- of H.R. 5005. tity system.’’ Does the majority leader structure is not able to disclose all of Mr. ARMEY. Mr. Chairman, if the agree that recent proposals to stand- the information that might be relevant gentlewoman will yield, I would be ardize State driver’s licenses would be to protecting the American people. happy to engage in colloquy with the a back door route to a national I.D. That is the reason for this amendment. gentlewoman from California. and therefore prohibited under this It has nothing to do with lobbying. And Ms. PELOSI. Mr. Chairman, I thank provision? it has everything to do with protecting the gentleman from Texas (Mr. Mr. ARMEY. Mr. Chairman, will the gentlewoman yield? the security of the American people. ARMEY). Ms. PELOSI. I yield to the leader. Mr. Chairman, I yield back the bal- This section would prohibit the Gov- Mr. ARMEY. Mr. Chairman, the an- ance of my time. ernment from putting in place the swer is yes on both counts. The Federal The CHAIRMAN pro tempore (Mr. Bush administration’s TIPS program, government does not have the author- SWEENEY). The gentlewoman from Con- the Terrorist Information and Preven- ity to nationalize driver’s licenses and necticut is recognized for 1 minute. tion System. Is it the majority leader’s other identification cards. And this Ms. DELAURO. Mr. Chairman, this is intent that section 770 ban both the legislation would not give them that really rather incredulous. We have program called ‘‘TIPS’’ and any other authority. The authority to design and through the Freedom of Information successor program that might be con- issue these cards shall remain with the Act been protecting national security, sidered that would have the same or States. trade secrets, other provisions of busi- similar characteristics as TIPS? In The use of uniform unique identifiers ness information for the last 36 years. other words, would section 770 bar the or Social Security numbers with driv- What have we been doing since we ini- Government both from putting in place er’s license or proposed ‘‘smart cards’’ tiated this piece of legislation? Why if the same program under a different is not consistent with a free society. already the exemptions are built in name or a program under a different This legislation rejects a national iden- here that they have worked for our De- name with similar characteristics to tification card in any form. fense Department, they work for the the proposed TIPS program? Ms. PELOSI. Mr. Chairman, I yield FBI, they work for the CIA, do all of a Mr. ARMEY. Mr. Chairman, will the back the balance of my time. sudden we put together a new Depart- gentlewoman yield? Mr. HOLT. Mr. Chairman, I ask ment here and those safeguards of the Ms. PELOSI. I yield to the leader. unanimous consent to strike the last public’s right to know are inoperable, Mr. ARMEY. Mr. Chairman, I thank word. they are abrogated? What is the rea- the gentlewoman for yielding. The CHAIRMAN pro tempore. With- son? Yes. Section 770 is intended not only out objection, the gentleman from New And the very reason is what my col- to prohibit the TIPS program, but also Jersey is recognized for 5 minutes. leagues, some on this side of the aisle any and all activities to implement the There was no objection. and my colleagues on the other side of proposed plan. This means that section Mr. HOLT. Mr. Chairman, I wish to the aisle, say is that this provision is 770 prohibits the TIPS program no engage in a colloquy with the gen- about protecting lobbyists. That is matter what name it is given and any tleman from Texas, who is the major- what it is all about, and we ought to program with the same or similar char- ity leader, the gentleman from New

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.146 pfrm17 PsN: H26PT1 H5854 CONGRESSIONAL RECORD — HOUSE July 26, 2002 York and the gentleman from Dela- Member’s position on the future of Am- tect the sources and methods used to acquire ware. trak and passenger rail service here in such information. Mr. Chairman, I am troubled by re- our country, I think all of us can agree (6) Granting security clearances to certain ports indicating that due to financial that security on that rail system is es- State and local personnel is one way to fa- cilitate the sharing of information regarding pressures, Amtrak has been forced to sential. Reducing rail security per- specific terrorist threats among Federal, make drastic reductions in the security sonnel while we continue to wage a war State, and local levels of government. personnel that patrol the Trenton on terrorism is misguided and unac- (7) Methods exist to declassify, redact, or Train Station, Penn Station in New ceptable. otherwise adapt classified information so it York City, 30th Street Station in I join my colleagues in asking the may be shared with State and local per- Philadelphia and others. gentleman from Texas for his assur- sonnel without the need for granting addi- According to recent media accounts ance, even during a period of uncer- tional security clearances. in Trenton, New Jersey, the staff re- tainty surrounding Amtrak, to reaf- (8) State and local personnel have capabili- ties and opportunities to gather information ductions are so severe that they are firm our commitment to the security on suspicious activities and terrorist threats now time when no officers are on pa- of our national rail infrastructure, in- not possessed by Federal agencies. trol. This lack of security personnel cluding police personnel. (9) The Federal Government and State and not only compromises security but the Mr. HOLT. Mr. Chairman, I thank local governments and agencies in other ju- safety of passengers. A strong railroad the gentleman for his remarks. risdictions may benefit from such informa- security is an essential part of a strong Mr. ARMEY. Mr. Chairman, will the tion. homeland security, and I hope that the gentleman yield? (10) Federal, State, and local governments gentleman from Texas will make cer- Mr. HOLT. I yield to the gentleman and intelligence, law enforcement, and other from Texas. emergency preparation and response agen- tain that the commitment to rail secu- cies must act in partnership to maximize the rity, particularly Amtrak police offi- Mr. ARMEY. Mr. Chairman, I thank benefits of information gathering and anal- cers, is not reduced. the gentleman for yielding, and let me ysis to prevent and respond to terrorist at- I am currently working with the gen- say to all three of my colleagues, I tacks. tleman from New York (Mr. CROWLEY) thank them for their interest in the (11) Information systems, including the Na- on a letter to the Committee on Appro- issue, and let me assure my colleagues tional Law Enforcement Telecommuni- priations to ask that they address this that I share their concern about the se- cations System and the Terrorist Threat important issue in their transportation curity of our Nation’s rail system. Warning System, have been established for appropriations bill, and I hope that we I would also like to assure them that rapid sharing of classified and sensitive but unclassified information among Federal, can address it in this legislation as we will work in conference committee State, and local entities. well. to make certain that the commitment (12) Increased efforts to share homeland se- Mr. CASTLE. Mr. Chairman, will the to rail security, particularly Amtrak curity information should avoid duplicating gentleman yield? and Amtrak police officers, is not re- existing information systems. Mr. HOLT. I yield to the gentleman duced so that rail stations such as the (b) SENSE OF CONGRESS.—It is the sense of from Delaware. Trenton Train Station may remain se- Congress that Federal, State, and local enti- Mr. CASTLE. Mr. Chairman, I thank cure. ties should share homeland security informa- the gentleman from New Jersey for Mr. HOLT. Mr. Chairman, I thank tion to the maximum extent practicable, yielding to me, and Mr. Chairman, I the gentleman from Texas for his com- with special emphasis on hard-to-reach urban and rural communities. want to associate myself with the gen- ments and my colleagues. SEC. 782. FACILITATING HOMELAND SECURITY tleman from New Jersey’s comments Mr. Chairman, I yield back the bal- INFORMATION SHARING PROCE- because what he is talking about is in- ance of my time. DURES. dicative of a larger problem. The CHAIRMAN pro tempore. It is (a) PROCEDURES FOR DETERMINING EXTENT Unfortunately, last year Congress now in order to consider Amendment OF SHARING OF HOMELAND SECURITY INFORMA- and the administration provided Am- No. 26 printed in House Report 107–615. TION.— trak only $5 million for rail security in AMENDMENT NO. 26 OFFERED BY MR. CHAMBLISS (1) The President shall prescribe and im- comparison to $3.8 billion for the Mr. CHAMBLISS. Mr. Chairman, I plement procedures under which relevant Transportation Security Agency to im- Federal agencies— offer an amendment. (A) share relevant and appropriate home- prove aviation security. In my opinion, The CHAIRMAN pro tempore. The land security information with other Federal this imbalance must be addressed. Clerk will designate the amendment. agencies, including the Department, and ap- I do not know how many Members The text of the amendment is as fol- propriate State and local personnel; are aware of this, but I would like to lows: (B) identify and safeguard homeland secu- point out that Amtrak’s tunnels run Amendment No. 26 offered by Mr. rity information that is sensitive but unclas- underneath the House and Senate of- CHAMBLISS: sified; and fice buildings and the Supreme Court. At the end of title VII add the following (C) to the extent such information is in We literally cannot afford to ignore new subtitle: classified form, determine whether, how, and rail security any longer. to what extent to remove classified informa- Subtitle H—Information Sharing tion, as appropriate, and with which such I would say to the gentleman from SEC. 780. SHORT TITLE. personnel it may be shared after such infor- Texas (Mr. ARMEY) that I respectfully This subtitle may be cited as the ‘‘Home- mation is removed. request that when the House and Sen- land Security Information Sharing Act’’. (2) The President shall ensure that such ate meet to negotiate the final details SEC. 781. FINDINGS AND SENSE OF CONGRESS. procedures apply to all agencies of the Fed- of this bill, that adequate security (a) FINDINGS.—The Congress finds the fol- eral Government. funding will be provided for Amtrak. lowing: (3) Such procedures shall not change the Mr. HOLT. Mr. Chairman, I thank (1) The Federal Government is required by substantive requirements for the classifica- the gentleman for his comments. the Constitution to provide for the common tion and safeguarding of classified informa- Mr. QUINN. Mr. Chairman, will the defense, which includes terrorist attack. tion. (2) The Federal Government relies on State (4) Such procedures shall not change the gentleman yield? and local personnel to protect against ter- requirements and authorities to protect Mr. HOLT. I yield to the gentleman rorist attack. sources and methods. from New York. (3) The Federal Government collects, cre- (b) PROCEDURES FOR SHARING OF HOMELAND Mr. QUINN. Mr. Chairman, I share ates, manages, and protects classified and SECURITY INFORMATION.— the sentiments expressed here by my sensitive but unclassified information to en- (1) Under procedures prescribed by the two colleagues, and I thank the distin- hance homeland security. President, all appropriate agencies, includ- guished majority leader for engaging in (4) Some homeland security information is ing the intelligence community, shall, this discussion this afternoon. needed by the State and local personnel to through information sharing systems, share As the chairman of the Sub- prevent and prepare for terrorist attack. homeland security information with Federal (5) The needs of State and local personnel agencies and appropriate State and local per- committee on Railroads in our full to have access to relevant homeland security sonnel to the extent such information may Committee on Transportation and In- information to combat terrorism must be be shared, as determined in accordance with frastructure, I think it is important for reconciled with the need to preserve the pro- subsection (a), together with assessments of us to remember that regardless of any tected status of such information and to pro- the credibility of such information.

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(2) Each information sharing system disclosure agreements with appropriate (b) SPECIFIED CONGRESSIONAL COMMIT- through which information is shared under State and local personnel. TEES.—The congressional committees re- paragraph (1) shall— (C) Increased use of information-sharing ferred to in subsection (a) are the following (A) have the capability to transmit unclas- partnerships that include appropriate State committees: sified or classified information, though the and local personnel, such as the Joint Ter- (1) The Permanent Select Committee on procedures and recipients for each capability rorism Task Forces of the Federal Bureau of Intelligence and the Committee on the Judi- may differ; Investigation, the Anti-Terrorism Task ciary of the House of Representatives. (B) have the capability to restrict delivery Forces of the Department of Justice, and re- (2) The Select Committee on Intelligence of information to specified subgroups by geo- gional Terrorism Early Warning Groups. and the Committee on the Judiciary of the graphic location, type of organization, posi- (d) RESPONSIBLE OFFICIALS.—For each af- Senate. tion of a recipient within an organization, or fected Federal agency, the head of such agen- SEC. 784. AUTHORIZATION OF APPROPRIATIONS. a recipient’s need to know such information; cy shall designate an official to administer There are authorized to be appropriated (C) be configured to allow the efficient and this Act with respect to such agency. such sums as may be necessary to carry out effective sharing of information; and (e) FEDERAL CONTROL OF INFORMATION.— section 782. (D) be accessible to appropriate State and Under procedures prescribed under this sec- SEC. 785. AUTHORITY TO SHARE GRAND JURY IN- local personnel. tion, information obtained by a State or FORMATION. (3) The procedures prescribed under para- local government from a Federal agency Rule 6(e) of the Federal Rules of Criminal graph (1) shall establish conditions on the under this section shall remain under the Procedure is amended— use of information shared under paragraph control of the Federal agency, and a State or (1) in paragraph (2), by inserting ‘‘, or of (1)— local law authorizing or requiring such a guidelines jointly issued by the Attorney (A) to limit the redissemination of such in- government to disclose information shall not General and Director of Central Intelligence formation to ensure that such information is apply to such information. pursuant to Rule 6,’’ after ‘‘Rule 6’’; and not used for an unauthorized purpose; (f) DEFINITIONS.—As used in this section: (2) in paragraph (3)— (B) to ensure the security and confiden- (1) The term ‘‘homeland security informa- (A) in subparagraph (A)(ii), by inserting tiality of such information; tion’’ means any information possessed by a ‘‘or of a foreign government’’ after ‘‘(includ- (C) to protect the constitutional and statu- Federal, State, or local agency that— ing personnel of a state or subdivision of a tory rights of any individuals who are sub- (A) relates to the threat of terrorist activ- state’’; jects of such information; and ity; (B) in subparagraph (C)(i)— (D) to provide data integrity through the (B) relates to the ability to prevent, inter- (i) in subclause (I), by inserting before the timely removal and destruction of obsolete dict, or disrupt terrorist activity; semicolon the following: ‘‘or, upon a request or erroneous names and information. (C) would improve the identification or in- by an attorney for the government, when (4) The procedures prescribed under para- vestigation of a suspected terrorist or ter- sought by a foreign court or prosecutor for graph (1) shall ensure, to the greatest extent rorist organization; or use in an official criminal investigation’’; practicable, that the information sharing (D) would improve the response to a ter- (ii) in subclause (IV)— system through which information is shared rorist act. (I) by inserting ‘‘or foreign’’ after ‘‘may under such paragraph include existing infor- (2) The term ‘‘intelligence community’’ disclose a violation of State’’; mation sharing systems, including, but not has the meaning given such term in section (II) by inserting ‘‘or of a foreign govern- limited to, the National Law Enforcement 3(4) of the National Security Act of 1947 (50 ment’’ after ‘‘to an appropriate official of a Telecommunications System, the Regional U.S.C. 401a(4)). State or subdivision of a State’’; and Information Sharing System, and the Ter- (3) The term ‘‘State and local personnel’’ (III) by striking ‘‘or’’ at the end; rorist Threat Warning System of the Federal means any of the following persons involved (iii) by striking the period at the end of Bureau of Investigation. in prevention, preparation, or response for subclause (V) and inserting ‘‘; or’’; and (5) Each appropriate Federal agency, as de- terrorist attack: (iv) by adding at the end the following: termined by the President, shall have access (A) State Governors, mayors, and other lo- ‘‘(VI) when matters involve a threat of ac- to each information sharing system through cally elected officials. tual or potential attack or other grave hos- which information is shared under paragraph (B) State and local law enforcement per- tile acts of a foreign power or an agent of a (1), and shall therefore have access to all in- sonnel and firefighters. foreign power, domestic or international sab- formation, as appropriate, shared under such (C) Public health and medical profes- otage, domestic or international terrorism, paragraph. sionals. or clandestine intelligence gathering activi- (6) The procedures prescribed under para- (D) Regional, State, and local emergency ties by an intelligence service or network of graph (1) shall ensure that appropriate State management agency personnel, including a foreign power or by an agent of a foreign and local personnel are authorized to use State adjutant generals. power, within the United States or else- such information sharing systems— (E) Other appropriate emergency response where, to any appropriate federal, state, (A) to access information shared with such agency personnel. local, or foreign government official for the personnel; and (F) Employees of private-sector entities purpose of preventing or responding to such (B) to share, with others who have access that affect critical infrastructure, cyber, a threat.’’; and to such information sharing systems, the economic, or public health security, as des- (C) in subparagraph (C)(iii)— homeland security information of their own ignated by the Federal government in proce- (i) by striking ‘‘Federal’’; jurisdictions, which shall be marked appro- dures developed pursuant to this section. (ii) by inserting ‘‘or clause (i)(VI)’’ after priately as pertaining to potential terrorist (4) The term ‘‘State’’ includes the District ‘‘clause (i)(V)’’; and activity. of Columbia and any commonwealth, terri- (iii) by adding at the end the following: (7) Under procedures prescribed jointly by tory, or possession of the United States. ‘‘Any state, local, or foreign official who re- the Director of Central Intelligence and the (g) CONSTRUCTION.—Nothing in this Act ceives information pursuant to clause (i)(VI) Attorney General, each appropriate Federal shall be construed as authorizing any depart- shall use that information only consistent agency, as determined by the President, ment, bureau, agency, officer, or employee of with such guidelines as the Attorney General shall review and assess the information the Federal Government to request, receive, and Director of Central Intelligence shall shared under paragraph (6) and integrate or transmit to any other Government entity jointly issue.’’. such information with existing intelligence. or personnel, or transmit to any State or SEC. 786. AUTHORITY TO SHARE ELECTRONIC, (c) SHARING OF CLASSIFIED INFORMATION local entity or personnel otherwise author- WIRE, AND ORAL INTERCEPTION IN- AND SENSITIVE BUT UNCLASSIFIED INFORMA- ized by this Act to receive homeland security FORMATION. TION WITH STATE AND LOCAL PERSONNEL.— information, any information collected by Section 2517 of title 18, United States Code, (1) The President shall prescribe proce- the Federal Government solely for statis- is amended by adding at the end the fol- dures under which Federal agencies may, to tical purposes in violation of any other pro- lowing: the extent the President considers necessary, vision of law relating to the confidentiality ‘‘(7) Any investigative or law enforcement share with appropriate State and local per- of such information. officer, or other Federal official in carrying sonnel homeland security information that SEC. 783. REPORT. out official duties as such Federal official, remains classified or otherwise protected (a) REPORT REQUIRED.—Not later than 12 who by any means authorized by this chap- after the determinations prescribed under months after the date of the enactment of ter, has obtained knowledge of the contents the procedures set forth in subsection (a). this Act, the President shall submit to the of any wire, oral, or electronic communica- (2) It is the sense of Congress that such congressional committees specified in sub- tion, or evidence derived therefrom, may dis- procedures may include one or more of the section (b) a report on the implementation of close such contents or derivative evidence to following means: section 782. The report shall include any rec- a foreign investigative or law enforcement (A) Carrying out security clearance inves- ommendations for additional measures or officer to the extent that such disclosure is tigations with respect to appropriate State appropriation requests, beyond the require- appropriate to the proper performance of the and local personnel. ments of section 782, to increase the effec- official duties of the officer making or re- (B) With respect to information that is tiveness of sharing of information between ceiving the disclosure, and foreign investiga- sensitive but unclassified, entering into non- and among Federal, State, and local entities. tive or law enforcement officers may use or

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.027 pfrm17 PsN: H26PT1 H5856 CONGRESSIONAL RECORD — HOUSE July 26, 2002 disclose such contents or derivative evidence (6) Granting security clearances to certain (A) have the capability to transmit unclas- to the extent such use or disclosure is appro- State and local personnel is one way to fa- sified or classified information, though the priate to the proper performance of their of- cilitate the sharing of information regarding procedures and recipients for each capability ficial duties. specific terrorist threats among Federal, may differ; ‘‘(8) Any investigative or law enforcement State, and local levels of government. (B) have the capability to restrict delivery officer, or other Federal official in carrying (7) Methods exist to declassify, redact, or of information to specified subgroups by geo- out official duties as such Federal official, otherwise adapt classified information so it graphic location, type of organization, posi- who by any means authorized by this chap- may be shared with State and local per- tion of a recipient within an organization, or ter, has obtained knowledge of the contents sonnel without the need for granting addi- a recipient’s need to know such information; of any wire, oral, or electronic communica- tional security clearances. (C) be configured to allow the efficient and tion, or evidence derived therefrom, may dis- (8) State and local personnel have capabili- effective sharing of information; and close such contents or derivative evidence to ties and opportunities to gather information (D) be accessible to appropriate State and any appropriate Federal, State, local, or for- on suspicious activities and terrorist threats local personnel. eign government official to the extent that not possessed by Federal agencies. (3) The procedures prescribed under para- such contents or derivative evidence reveals (9) The Federal Government and State and graph (1) shall establish conditions on the a threat of actual or potential attack or local governments and agencies in other ju- use of information shared under paragraph other grave hostile acts of a foreign power or risdictions may benefit from such informa- (1)— an agent of a foreign power, domestic or tion. (A) to limit the redissemination of such in- international sabotage, domestic or inter- (10) Federal, State, and local governments formation to ensure that such information is national terrorism, or clandestine intel- and intelligence, law enforcement, and other not used for an unauthorized purpose; ligence gathering activities by an intel- emergency preparation and response agen- (B) to ensure the security and confiden- ligence service or network of a foreign power cies must act in partnership to maximize the tiality of such information; or by an agent of a foreign power, within the benefits of information gathering and anal- (C) to protect the constitutional and statu- United States or elsewhere, for the purpose ysis to prevent and respond to terrorist at- tory rights of any individuals who are sub- of preventing or responding to such a threat. tacks. jects of such information; and Any official who receives information pursu- (11) Information systems, including the Na- (D) to provide data integrity through the ant to this provision may use that informa- tional Law Enforcement Telecommuni- timely removal and destruction of obsolete tion only as necessary in the conduct of that cations System and the Terrorist Threat or erroneous names and information. person’s official duties subject to any limita- Warning System, have been established for (4) The procedures prescribed under para- tions on the unauthorized disclosure of such rapid sharing of classified and sensitive but graph (1) shall ensure, to the greatest extent information, and any State, local, or foreign unclassified information among Federal, practicable, that the information sharing official who receives information pursuant State, and local entities. system through which information is shared to this provision may use that information (12) Increased efforts to share homeland se- under such paragraph include existing infor- only consistent with such guidelines as the curity information should avoid duplicating mation sharing systems, including, but not At- existing information systems. limited to, the National Law Enforcement Telecommunications System, the Regional The CHAIRMAN pro tempore. Pursu- (b) SENSE OF CONGRESS.—It is the sense of Congress that Federal, State, and local enti- Information Sharing System, and the Ter- ant to House Resolution 502, the gen- ties should share homeland security informa- rorist Threat Warning System of the Federal tleman from Georgia (Mr. CHAMBLISS) tion to the maximum extent practicable, Bureau of Investigation. and a Member opposed each will con- with special emphasis on hard-to-reach (5) Each appropriate Federal agency, as de- trol 10 minutes. urban and rural communities. termined by the President, shall have access The Chair recognizes the gentleman SEC. 782. FACILITATING HOMELAND SECURITY to each information sharing system through from Georgia (Mr. CHAMBLISS). INFORMATION SHARING PROCE- which information is shared under paragraph DURES. (1), and shall therefore have access to all in- MODIFICATION TO AMENDMENT NO. 26 OFFERED (a) PROCEDURES FOR DETERMINING EXTENT formation, as appropriate, shared under such BY MR. CHAMBLISS OF SHARING OF HOMELAND SECURITY INFORMA- paragraph. Mr. CHAMBLISS. Mr. Chairman, I TION.— (6) The procedures prescribed under para- ask unanimous consent to modify the (1) The President shall prescribe and im- graph (1) shall ensure that appropriate State amendment with the modification that plement procedures under which relevant and local personnel are authorized to use I have placed at the desk. Federal agencies— such information sharing systems— The CHAIRMAN pro tempore. The (A) share relevant and appropriate home- (A) to access information shared with such land security information with other Federal personnel; and Clerk will report the modification. agencies, including the Department, and ap- (B) to share, with others who have access The Clerk read as follows: propriate State and local personnel; to such information sharing systems, the Modification to Amendment No. 26 offered (B) identify and safeguard homeland secu- homeland security information of their own by Mr. CHAMBLISS: rity information that is sensitive but unclas- jurisdictions, which shall be marked appro- In lieu of amendment #26 printed in House sified; and priately as pertaining to potential terrorist Report 107–615, (C) to the extent such information is in activity. At the end of title VII add the following classified form, determine whether, how, and (7) Under procedures prescribed jointly by new subtitle: to what extent to remove classified informa- the Director of Central Intelligence and the Subtitle H—Information Sharing tion, as appropriate, and with which such Attorney General, each appropriate Federal personnel it may be shared after such infor- agency, as determined by the President, SEC. 780. SHORT TITLE. mation is removed. shall review and assess the information This subtitle may be cited as the ‘‘Home- (2) The President shall ensure that such shared under paragraph (6) and integrate land Security Information Sharing Act’’. procedures apply to all agencies of the Fed- such information with existing intelligence. SEC. 781. FINDINGS AND SENSE OF CONGRESS. eral Government. (c) SHARING OF CLASSIFIED INFORMATION (a) FINDINGS.—The Congress finds the fol- (3) Such procedures shall not change the AND SENSITIVE BUT UNCLASSIFIED INFORMA- lowing: substantive requirements for the classifica- TION WITH STATE AND LOCAL PERSONNEL.— (1) The Federal Government is required by tion and safeguarding of classified informa- (1) The President shall prescribe proce- the Constitution to provide for the common tion. dures under which Federal agencies may, to defense, which includes terrorist attack. (4) Such procedures shall not change the the extent the President considers necessary, (2) The Federal Government relies on State requirements and authorities to protect share with appropriate State and local per- and local personnel to protect against ter- sources and methods. sonnel homeland security information that rorist attack. (b) PROCEDURES FOR SHARING OF HOMELAND remains classified or otherwise protected (3) The Federal Government collects, cre- SECURITY INFORMATION.— after the determinations prescribed under ates, manages, and protects classified and (1) Under procedures prescribed by the the procedures set forth in subsection (a). sensitive but unclassified information to en- President, all appropriate agencies, includ- (2) It is the sense of Congress that such hance homeland security. ing the intelligence community, shall, procedures may include one or more of the (4) Some homeland security information is through information sharing systems, share following means: needed by the State and local personnel to homeland security information with Federal (A) Carrying out security clearance inves- prevent and prepare for terrorist attack. agencies and appropriate State and local per- tigations with respect to appropriate State (5) The needs of State and local personnel sonnel to the extent such information may and local personnel. to have access to relevant homeland security be shared, as determined in accordance with (B) With respect to information that is information to combat terrorism must be subsection (a), together with assessments of sensitive but unclassified, entering into non- reconciled with the need to preserve the pro- the credibility of such information. disclosure agreements with appropriate tected status of such information and to pro- (2) Each information sharing system State and local personnel. tect the sources and methods used to acquire through which information is shared under (C) Increased use of information-sharing such information. paragraph (1) shall— partnerships that include appropriate State

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.027 pfrm17 PsN: H26PT1 July 26, 2002 CONGRESSIONAL RECORD — HOUSE H5857 and local personnel, such as the Joint Ter- (1) The Permanent Select Committee on ‘‘(8) Any investigative or law enforcement rorism Task Forces of the Federal Bureau of Intelligence and the Committee on the Judi- officer, or other Federal official in carrying Investigation, the Anti-Terrorism Task ciary of the House of Representatives. out official duties as such Federal official, Forces of the Department of Justice, and re- (2) The Select Committee on Intelligence who by any means authorized by this chap- gional Terrorism Early Warning Groups. and the Committee on the Judiciary of the ter, has obtained knowledge of the contents (d) RESPONSIBLE OFFICIALS.—For each af- Senate. of any wire, oral, or electronic communica- fected Federal agency, the head of such agen- SEC. 784. AUTHORIZATION OF APPROPRIATIONS. tion, or evidence derived therefrom, may dis- cy shall designate an official to administer There are authorized to be appropriated close such contents or derivative evidence to this Act with respect to such agency. such sums as may be necessary to carry out any appropriate Federal, State, local, or for- (e) FEDERAL CONTROL OF INFORMATION.— section 782. eign government official to the extent that Under procedures prescribed under this sec- SEC. 785. AUTHORITY TO SHARE GRAND JURY IN- such contents or derivative evidence reveals tion, information obtained by a State or FORMATION. a threat of actual or potential attack or local government from a Federal agency Rule 6(e) of the Federal Rules of Criminal other grave hostile acts of a foreign power or under this section shall remain under the Procedure is amended— an agent of a foreign power, domestic or control of the Federal agency, and a State or (1) in paragraph (2), by inserting ‘‘, or of international sabotage, domestic or inter- local law authorizing or requiring such a guidelines jointly issued by the Attorney national terrorism, or clandestine intel- government to disclose information shall not General and Director of Central Intelligence ligence gathering activities by an intel- apply to such information. pursuant to Rule 6,’’ after ‘‘Rule 6’’; and ligence service or network of a foreign power (f) DEFINITIONS.—As used in this section: (2) in paragraph (3)— or by an agent of a foreign power, within the (1) The term ‘‘homeland security informa- (A) in subparagraph (A)(ii), by inserting United States or elsewhere, for the purpose tion’’ means any information possessed by a ‘‘or of a foreign government’’ after ‘‘(includ- of preventing or responding to such a threat. Federal, State, or local agency that— ing personnel of a state or subdivision of a Any official who receives information pursu- (A) relates to the threat of terrorist activ- state’’; ant to this provision may use that informa- ity; (B) in subparagraph (C)(i)— tion only as necessary in the conduct of that (B) relates to the ability to prevent, inter- (i) in subclause (I), by inserting before the person’s official duties subject to any limita- dict, or disrupt terrorist activity; semicolon the following: ‘‘or, upon a request tions on the unauthorized disclosure of such (C) would improve the identification or in- by an attorney for the government, when information, and any State, local, or foreign vestigation of a suspected terrorist or ter- sought by a foreign court or prosecutor for official who receives information pursuant rorist organization; or use in an official criminal investigation’’; to this provision may use that information (D) would improve the response to a ter- (ii) in subclause (IV)— only consistent with such guidelines as the rorist act. (I) by inserting ‘‘or foreign’’ after ‘‘may Attorney General and Director of Central In- (2) The term ‘‘intelligence community’’ disclose a violation of State’’; telligence shall jointly issue.’’. has the meaning given such term in section (II) by inserting ‘‘or of a foreign govern- SEC. 787. FOREIGN INTELLIGENCE INFORMA- 3(4) of the National Security Act of 1947 (50 ment’’ after ‘‘to an appropriate official of a TION. U.S.C. 401a(4)). State or subdivision of a State’’; and (a) DISSEMINATION AUTHORIZED.—Section (3) The term ‘‘State and local personnel’’ (III) by striking ‘‘or’’ at the end; 203(d)(1) of the Uniting and Strengthening means any of the following persons involved (iii) by striking the period at the end of America by Providing Appropriate Tools Re- in prevention, preparation, or response for subclause (V) and inserting ‘‘; or’’; and quired to Intercept and Obstruct Terrorism terrorist attack: (iv) by adding at the end the following: Act (USA PATRIOT ACT) of 2001 (Public (A) State Governors, mayors, and other lo- ‘‘(VI) when matters involve a threat of ac- Law 107–56; 50 U.S.C. 403–5d) is amended by cally elected officials. tual or potential attack or other grave hos- adding at the end the following: ‘‘Consistent (B) State and local law enforcement per- tile acts of a foreign power or an agent of a with the responsibility of the Director of sonnel and firefighters. foreign power, domestic or international sab- Central Intelligence to protect intelligence (C) Public health and medical profes- otage, domestic or international terrorism, sources and methods, and the responsibility sionals. or clandestine intelligence gathering activi- of the Attorney General to protect sensitive (D) Regional, State, and local emergency ties by an intelligence service or network of law enforcement information, it shall be management agency personnel, including a foreign power or by an agent of a foreign lawful for information revealing a threat of State adjutant generals. power, within the United States or else- actual or potential attack or other grave (E) Other appropriate emergency response where, to any appropriate federal, state, hostile acts of a foreign power or an agent of agency personnel. local, or foreign government official for the a foreign power, domestic or international (F) Employees of private-sector entities purpose of preventing or responding to such sabotage, domestic or international ter- that affect critical infrastructure, cyber, a threat.’’; and rorism, or clandestine intelligence gathering economic, or public health security, as des- (C) in subparagraph (C)(iii)— activities by an intelligence service or net- ignated by the Federal government in proce- (i) by striking ‘‘Federal’’; work of a foreign power or by an agent of a dures developed pursuant to this section. (ii) by inserting ‘‘or clause (i)(VI)’’ after foreign power, within the United States or (4) The term ‘‘State’’ includes the District ‘‘clause (i)(V)’’; and elsewhere, obtained as part of a criminal in- of Columbia and any commonwealth, terri- (iii) by adding at the end the following: vestigation to be disclosed to any appro- tory, or possession of the United States. ‘‘Any state, local, or foreign official who re- priate Federal, State, local, or foreign gov- (g) CONSTRUCTION.—Nothing in this Act ceives information pursuant to clause (i)(VI) ernment official for the purpose of pre- shall be construed as authorizing any depart- shall use that information only consistent venting or responding to such a threat. Any ment, bureau, agency, officer, or employee of with such guidelines as the Attorney General official who receives information pursuant the Federal Government to request, receive, and Director of Central Intelligence shall to this provision may use that information or transmit to any other Government entity jointly issue.’’. only as necessary in the conduct of that per- or personnel, or transmit to any State or SEC. 786. AUTHORITY TO SHARE ELECTRONIC, son’s official duties subject to any limita- local entity or personnel otherwise author- WIRE, AND ORAL INTERCEPTION IN- tions on the unauthorized disclosure of such ized by this Act to receive homeland security FORMATION. information, and any State, local, or foreign information, any information collected by Section 2517 of title 18, United States Code, official who receives information pursuant the Federal Government solely for statis- is amended by adding at the end the fol- to this provision may use that information tical purposes in violation of any other pro- lowing: only consistent with such guidelines as the vision of law relating to the confidentiality ‘‘(7) Any investigative or law enforcement Attorney General and Director of Central In- of such information. officer, or other Federal official in carrying telligence shall jointly issue.’’. SEC. 783. REPORT. out official duties as such Federal official, (b) CONFORMING AMENDMENTS.—Section (a) REPORT REQUIRED.—Not later than 12 who by any means authorized by this chap- 203(c) of that Act is amended— months after the date of the enactment of ter, has obtained knowledge of the contents (1) by striking ‘‘section 2517(6)’’ and insert- this Act, the President shall submit to the of any wire, oral, or electronic communica- ing ‘‘paragraphs (6) and (8) of section 2517 of congressional committees specified in sub- tion, or evidence derived therefrom, may dis- title 18, United States Code,’’; and section (b) a report on the implementation of close such contents or derivative evidence to (2) by inserting ‘‘and (VI)’’ after ‘‘Rule section 782. The report shall include any rec- a foreign investigative or law enforcement 6(e)(3)(C)(i)(V)’’. ommendations for additional measures or officer to the extent that such disclosure is SEC. 788. INFORMATION ACQUIRED FROM AN appropriation requests, beyond the require- appropriate to the proper performance of the ELECTRONIC SURVEILLANCE. ments of section 782, to increase the effec- official duties of the officer making or re- Section 106(k)(1) of the Foreign Intel- tiveness of sharing of information between ceiving the disclosure, and foreign investiga- ligence Surveillance Act of 1978 (50 U.S.C. and among Federal, State, and local entities. tive or law enforcement officers may use or 1806) is amended by inserting after ‘‘law en- (b) SPECIFIED CONGRESSIONAL COMMIT- disclose such contents or derivative evidence forcement officers’’ the following: ‘‘or law TEES.—The congressional committees re- to the extent such use or disclosure is appro- enforcement personnel of a State or political ferred to in subsection (a) are the following priate to the proper performance of their of- subdivision of a State (including the chief committees: ficial duties. executive officer of that State or political

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.038 pfrm17 PsN: H26PT1 H5858 CONGRESSIONAL RECORD — HOUSE July 26, 2002 subdivision who has the authority to appoint ical that we increase the level of co- NATIONAL ASSOCIATION OF or direct the chief law enforcement officer of operation between State, local, and POLICE ORGANIZATIONS, INC., that State or political subdivision)’’. Federal law enforcement officials. Only Washington, DC, July 3, 2002. SEC. 789. INFORMATION ACQUIRED FROM A Hon. SAXBY CHAMBLISS, PHYSICAL SEARCH. by communicating on a more regular House of Representatives, Section 305(k)(1) of the Foreign Intel- basis and sharing more information Washington, DC. ligence Surveillance Act of 1978 (50 U.S.C. can we effectively prepare for and de- DEAR REPRESENTATIVE CHAMBLISS: On be- 1825) is amended by inserting after ‘‘law en- fend against future attacks. half of the National Association of Police Or- forcement officers’’ the following: ‘‘or law ganizations (NAPO) representing 220,000 enforcement personnel of a State or political In talking to community leaders and rank-and-file police officers from across the subdivision of a State (including the chief emergency responders all across Geor- United States, I would like to bring to your executive officer of that State or political gia, I am convinced that we must get attention our wholehearted support for H.R. subdivision who has the authority to appoint this legislation signed into law. We 4598, the ‘‘Homeland Security Information Sharing Act of 2002.’’ or direct the chief law enforcement officer of know that gaps in information-sharing that State or political subdivision)’’. If enacted, this bill will significantly im- opened the door to the tragic events of Mr. CHAMBLISS (during the read- prove the ability of state and local law en- forcement to access important information ing). Mr. Chairman, I ask unanimous September 11. Our amendment will go a long way toward filling those gaps and regarding federal investigations and possible consent that the modification be con- terrorist threats. As the 2001 Anti-Terror leg- sidered as read and printed in the helping our law enforcement officials islation expanded information sharing be- RECORD. protect us by giving them the tools tween government agencies, H.R. 4598 will The CHAIRMAN pro tempore. Is they need to do their jobs better. improve on this by setting up positive guide- there objection to the request of the I appreciate the improvements to the lines and facilitating successful information dissemination. gentleman from Georgia? amendment that were made by the gen- In the past, legal hurdles, coupled with an There was no objection. tleman from Connecticut (Mr. SHAYS), overarching federal culture that limited fed- The CHAIRMAN pro tempore. Is the gentleman from New Jersey (Mr. eral external communication, have blocked there objection to the modification of- MENENDEZ), and others. I urge my col- potentially useful information from being fered by the gentleman from Georgia? fully utilized. As our nation combats the leagues to join me in supporting this There was no objection. threat of terrorism, state and local law en- Mr. CHAMBLISS. Mr. Chairman, I very important amendment. forcement will be on the front lines pro- ask unanimous consent, that unless we Mr. Chairman, I submit for the tecting the public and keeping the peace. In this role, necessary information about ter- have someone rising in opposition, that RECORD letters of support from the rorist threats or investigation leads should the gentlewoman from California (Ms. groups I previously mentioned: not be kept out of reach due to procedural HARMAN) be entitled to the 10 minutes AMERICAN AMBULANCE ASSOCIATION, concerns. that normally would be claimed by the McLean, VA, June 26, 2002. As H.R. 4598 now moves to the Senate for opposition. Hon. SAXBY CHAMBLISS, consideration, NAPO looks forward to work- The CHAIRMAN pro tempore. Is House of Representatives, ing with you and your staff to insure the Washington, DC. there objection to the request of the bill’s passage. gentleman from Georgia? DEAR SAXBY: It is with great honor that I Sincerely, send this letter of support to you for your in- WILLIAM J. JOHNSON, There was no objection. Executive Director. Mr. CHAMBLISS. Mr. Chairman, I troduction of the Homeland Security Infor- mation Sharing Act (H.R. 4598). Mr. Chairman, I reserve the balance yield myself such time as I might con- of my time. sume. As you and I have discussed, the American Ms. HARMAN. Mr. Chairman, I yield Mr. Chairman, information sharing is Ambulance Association (AAA) represents myself such time as I may consume. the key to cooperation and coordina- ambulance services across the United States Sadly, Mr. Chairman, today we have tion in homeland security, and better that participate in serving more than 95% of had a few votes that were more par- the urban U.S. population with emergency information sharing among govern- tisan than I believe they needed to be. ment agencies and with State and local and non-emergency care and medical trans- portation services. The AAA is composed of This amendment is not one of those, agencies needs to be a higher priority. individual ambulance operations which serve and I would hope that the managers of The idea for this amendment was de- patients in every state. Our membership is this bill might accept it. I certainly veloped during a series of public hear- comprised of all types of ambulance service would hope that the House, if we vote ings which my Subcommittee on Ter- providers including for and not for profit, on it, would vote on it by the margin it rorism and Homeland Security held municipal and fire department and hospital received last time, the small margin of last fall. Witnesses ranging from based. 422 to 2. former New York City Mayor Rudy Our members greatly appreciate the com- As I stand here today, I know that Guiliani to Oklahoma Governor Frank monsense approach that you and the Sub- the gentleman from Connecticut (Mr. Keating stressed the importance of in- committee you chair used in drafting this SHAYS), the gentleman from New Jer- creasing the level of information shar- legislation. Visiting with local ambulance sey (Mr. MENENDEZ), and others, on a ing between Federal intelligence and providers about their real needs, and then bipartisan basis, also plan to speak for law enforcement agencies and local and formulating federal law that is consistent this amendment. We have all worked State law enforcement personnel. with these needs, is indeed refreshing to us together on this amendment. It is im- out there on the frontline of providing proved because of some language that b 1815 health care to our communities. As you have they suggested, and I would like to We must make certain that relevant identified in your bill, first responders at the thank the gentleman from Connecticut intelligence and sensitive information state and local level need access to specific, (Mr. SHAYS) for his action in his com- relating to our national security be in credible threats in order to help prevent and mittee to include it in the draft of this the hands of the right person at the better respond to a terrorist incident. H.R. bill as it was reported by his com- right time to prevent future terrorist 4598 would greatly improve the flow of this mittee. attacks. information and enhance the emergency re- As my partner, the gentleman from sponse system. The focus on local providers The gentlewoman from California Georgia (Mr. CHAMBLISS), has said, this and their needs will give first responders and (Ms. HARMAN) and I introduced the amendment is nearly identical to H.R. Homeland Security Information Shar- medics the tools and capabilities to better ensure the safety of the American public. 4598, which, as I said, passed over- ing Act, which overwhelmingly passed whelmingly. The reason for offering this House in June. Our bill has strong Again, thank you for your tireless efforts this amendment today as part of this support from groups such as the Na- and tremendous work in drafting this piece bill is to get in place as soon as pos- of legislation. You are truly a representative tional Association of Police Organiza- sible procedures to share terrorist of the people of this great nation. The AAA tions as well as the American Ambu- stands ready to help assist you in anyway to threat information across the Federal lance Association and the National ensure passage of H.R. 4598. Government, which certainly includes Sheriffs Association. Sincerely, the CIA, the FBI, and other intel- Our amendment is virtually the same BEN HINSON, ligence agencies, and on down to first as H.R. 4598. We believe that it is crit- President. responders.

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.038 pfrm17 PsN: H26PT1 July 26, 2002 CONGRESSIONAL RECORD — HOUSE H5859 As our Subcommittee on Terrorism shared between local jurisdictions, the is nothing more difficult to take in and Homeland Security Report found electronic exchange of information is hand, more perilous to conduct, or last week, information-sharing is the one of the most powerful tools avail- more uncertain in its success, than to most critical need in our intelligence able to protect our communities. This take the lead in the introduction of a community and the best way to arm amendment calls for new procedures to new order of things.’’ This amendment our first responders and average Amer- maximize the potential of modern directs the administration to develop icans to stop terrorist attacks. What technologies, reduce bureaucratic bar- procedures for Federal agencies to we hear in the field, and all of us go riers to information-sharing, and make share homeland security information home each weekend, from police, fire, sure essential homeland security data with appropriate State and local au- emergency responders, and average flows where it is needed most. thorities, both classified and declas- people is they are receiving all this Mr. Chairman, the day is late; we sified information. general information, but they do not started last evening, and so I would After spending some 261⁄2 years in know what to do about it. like to just use this time to thank my Federal law enforcement, I know how The sooner we can get more specific colleagues, the gentleman from Geor- important it is for the first responder threat warning information, stripped of gia (Mr. CHAMBLISS) and the gentle- to have access to tactical intelligence. sources and methods so that those woman from California (Ms. HARMAN) Between 600,000 and 800,000 police offi- without security clearances can get it, for the incredible job they have done. I cers protect our homeland every day, the sooner we can reduce panic, em- also wish to thank the gentlewoman and have been on the job since the in- power Americans, and make certain from California (Ms. PELOSI) and the ception and the birth of this country. that, to the maximum extent, we pre- majority leader for the work they have This amendment will build those vent attacks, shore up our infrastruc- done. I also would like to thank the bridges, those interagency bridges, ture, and respond effectively should gentlewoman from California (Ms. that will get the information to the they come our way. HARMAN) and the gentleman from folks that need it. Those brave law en- So this amendment, I think, is our Texas (Mr. THORNBERRY) for the work forcement men and women, who are lit- first tool in the homeland security ar- they did with the gentleman from Flor- erally our boots on the ground with re- senal we are considering today. It re- ida (Mr. GIBBONS) and the gentlewoman spect to fighting domestic terrorism, ceived the overwhelming support of from California (Mrs. TAUSCHER) on need and deserve this capability. this body, and it is supported by the homeland security legislation before it So, Mr. Chairman, I rise in strong White House and by the office of Gov- was in vogue. support of this amendment, and, in ernor Ridge. It is vital for our home- I am in awe to have had the oppor- closing, I want to note the great job towns. And as Governor Ridge often tunity to work with these colleagues. I that both my colleagues, the gen- says, we cannot have homeland secu- believe that they have answered the tleman from Georgia (Mr. CHAMBLISS) rity without hometown security. I urge call of the Nation in responding to the and the gentlewoman from California support of this amendment. terrorist threat. I know we have a lot (Ms. HARMAN) have done, both on this Mr. Chairman, I reserve the balance of work ahead of us. I am a little trou- amendment and also on the great work of my time. bled by some of the partisan debate in working with the antiterrorism task force. Mr. CHAMBLISS. Mr. Chairman, I that has happened in the past few Mr. CHAMBLISS. Mr. Chairman, I am pleased to yield 3 minutes to the hours. I was hoping there might be an gentleman from Connecticut (Mr. thank the gentleman for his kind com- amendment or two our side of the aisle ments. SHAYS), the chairman of the Sub- could have accepted during the debates Mr. Chairman, I yield 3 minutes to committee on National Security, Vet- today. But that notwithstanding, this the gentleman from Nevada (Mr. GIB- erans’ Affairs and International Rela- is excellent legislation drafted by peo- BONS), the vice chairman of my Sub- tions of the Committee on Government ple of good will on both sides of the committee on Terrorism and Homeland Reform, a gentleman who has been aisle. Security, and also the chairman of the very actively involved in the issue of I think the President can be proud of Subcommittee on Human Intelligence, terrorism for a number of months, even what the House will do today. I am cer- Analysis and Counterintelligence with- before September 11. tainly proud to have worked with such in the House Permanent Select Com- Mr. SHAYS. Mr. Chairman, I am very wonderful men and women on both mittee on Intelligence. pleased to join the gentleman from sides of the aisle. (Mr. GIBBONS asked and was given Georgia (Mr. CHAMBLISS), the gentle- Ms. HARMAN. Mr. Chairman, I thank permission to revise and extend his re- woman from California (Ms. HARMAN), my colleague for his lovely and gen- marks.) and the gentleman from New Jersey erous comments, and would inquire of Mr. GIBBONS. Mr. Chairman, I (Mr. MENENDEZ) in offering this amend- the Chair as to how much time re- thank the gentleman from Georgia for ment. mains. yielding me this time, and I do support Protecting the safety and security of The CHAIRMAN pro tempore (Mr. this amendment. the Nation against terrorist attacks re- SWEENEY). The gentlewoman from Cali- Mr. Chairman, over the last several quires absolute unprecedented coopera- fornia (Ms. HARMAN) has 71⁄2 minutes years, many of our government organi- tion between Federal, State, and local remaining, and the gentleman from zations, both State and Federal, have agencies. Timely information-sharing Georgia (Mr. CHAMBLISS) has 41⁄2 min- handled information-sharing and anal- is an indispensable element of the Na- utes remaining. ysis in vastly different ways, much like tion’s ability to detect, preempt, dis- Ms. HARMAN. Mr. Chairman, I yield various people would do in trying to rupt or respond to any terrorist threat. 11⁄2 minutes to the gentleman from put a puzzle together. For many of The Committee on Government Re- Texas (Mr. REYES), a member of the these organizations, when they get in- form’s Subcommittee on National Se- Permanent Select Committee on Intel- formation, it is like reaching into a curity, Veterans’ Affairs and Inter- ligence. bag or box full of mixed-up puzzle national Relations has heard repeat- Mr. REYES. Mr. Chairman, I thank parts, grabbing a handful of it, and edly from State and local officials the gentlewoman for yielding me this running into their office to try to put about the stubborn procedural and cul- time. the puzzle together without ever shar- tural barriers blocking access to sen- Mr. Chairman, I rise in strong sup- ing the information about what they sitive information. In particular, elect- port of this amendment, because since have with anyone else in another room. ed officials and law enforcement offi- September 11 we have been in the proc- Just trying to put it all together all cers have said they need the ability to ess of learning several important les- alone. And this has led to information obtain security clearances in order to sons. One of the most crucial was the gaps and analytical failures. The so- get meaningful access to data on ter- lack of effective intelligence dissemi- called Phoenix memo is a perfect ex- rorist threats. nation and analysis. ample of this type of information Whether it is intelligence about ter- For a while the buzzword was that we hoarding. rorist activity at the international did not have the ability to connect all I am pleased to support this bipar- level, or criminal history information the dots. Machiavelli once said, ‘‘There tisan legislation which I believe helps

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.160 pfrm17 PsN: H26PT1 H5860 CONGRESSIONAL RECORD — HOUSE July 26, 2002 our government organizations connect lect Committee on Intelligence, on fornia (Ms. HARMAN) and the gentleman the dots much more effectively than it which I serve, and the Democratic from Georgia (Mr. CHAMBLISS) and the had before September 11. Over the past whip. gentleman from Connecticut (Mr. 10 months, it has become frighteningly Ms. PELOSI. Mr. Chairman, I thank SHAYS) for the work that they have clear that the terrorists targeting our the gentlewoman for yielding me this been producing for quite some time, for Nation are far more advanced than pre- time, for her kind words, but most of the vote that was taken overwhelm- viously thought. The new Department all for her leadership. ingly in the House, and I am glad to of Homeland Security must have com- b 1830 have not only offered it in the Select plete and unobstructed access to every Committee to lay the foundation, but Mr. Chairman, I am very pleased that piece of information, whether Federal to offer some additional language that this amendment is being considered on or State, and this information regard- was accepted. the floor today. I commend the gen- ing cyberterrorism, weapons prolifera- This amendment is about the key tleman from Georgia (Mr. CHAMBLISS) problem with the Federal Govern- tion, terrorist financial activities and and the gentlewoman from California narcotics trafficking, to name a few, ment’s performance leading up to Sep- (Ms. HARMAN) for their work on this tember 11. Most important, it is about are critical for every organization to over the long term. have at hand. Congress acting to correct in part what This bill passed the floor 412–2. It had went wrong. The crux of the issue of H.R. 5005 establishes a key counter- been our hope to include it in the base intelligence division within the De- September 11, it seems to me, is the bill that would come to the floor, but it need for information sharing, both partment of Homeland Security that was rejected by a 5–4 vote in the Select will keep vital information out of the within the Federal Government and be- Committee. I am pleased that we have tween the Federal Government and hands of our enemy, tighten the noose another chance for Congress to work around the neck of terrorist organiza- State and local authorities. its will on this important issue on the The crux of this amendment is to tions, such as al Qaeda, Hamas, Islamic floor this evening. Jihad, and others, while being able to guarantee that critical threat informa- As I have quoted previously real es- tion will be shared. We have to get this share that information with our first tate, the three most important words responders down at the local level. right from the start, and I believe this are location, location, location. When certainly is. Simply moving agencies The Information Analysis Center is it comes to homeland security, the another integral part of this overall as proposed into a new Department three most important words are local- without requiring agencies to share in- legislation, and this Center will have ities, localities, localities. Our work on several key missions, including corre- formation is simply insufficient. We homeland security should begin and would be remiss not to guarantee, as lating and evaluating information and end in the localities. That is largely intelligence; producing all-source col- this amendment would, that critical where the threat is. That is where the homeland security information sharing laborative intelligence analysis, warn- ideas are, and that is where the needs ings, and assessments of the terrorist will occur. are. The gentleman from Georgia (Mr. We learned that from Coleen Rowley, threat and disseminating these assess- CHAMBLISS) and the gentlewoman from the courageous FBI whistleblower, ments. California (Ms. HARMAN) have traveled Improving the lines of communica- among others, about the unacceptable the country having hearings on this failure to share information critical to tion between the States and the Fed- subject. the events surrounding September 11 eral Government, local public safety We hear from our experts that infor- within the Federal Government. This agencies, and the private sector mation sharing is absolutely essential. amendment would make sure that through the timely dissemination of They have pled with us to make this those failures are not repeated. information pertaining to threats of part of any homeland security. I want Lastly, the amendment directs the terrorism is critical and a key part of to praise them for the response they President to prescribe and implement this amendment. have received thus far from Congress, new procedures to share information Coordinating elements of the intel- and hope that result will even be better on terrorist threats. Adding implement ligence community with Federal, State today. to the equation is necessary to ensure and local law enforcement agencies is In any event, the need for informa- that these procedures do not end up also a critical part of this. If the new tion is essential for us to reduce risk to collecting dust on the shelves of Wash- Department is to make credible threat protect the American people better, ington’s bureaucracies. warnings, it must be able to obtain and and that is why this is so essential. I This amendment requires that analyze information from all possible hope that we can do it in a department through those procedures, the informa- sources. It is not enough to rely on of homeland defense that is techno- tion will be shared, and the informa- whatever the CIA and FBI themselves logically maximizing the capabilities tion must be shared both across the choose to tell them. of the new technologies, and it will fur- Federal Government and down to the To put it simply, Mr. Chairman, ther enable information to be shared to State and local governments and first knowledge is good, all-source analysis protect the American people. responders. Local responders have told is even better, an all-source, collabo- Ms. HARMAN. Mr. Chairman, I yield all of us in meetings throughout the rative analytical center within the De- myself such time as I may consume. country that they need threat informa- partment that shares information is This is the kind of bipartisan debate tion on terrorist activities along with best. This legislation gives the Depart- that this bill, H.R. 5005, deserves. I am clear guidance on what to do with it. ment of Homeland Security the infor- pleased that on a bipartisan basis, Only with the guarantees in this mation and resources necessary to every single speaker has been for this amendment can we be secure in know- make its own conclusions. good idea. I hope our first responders ing that a process is in place to make Mr. Chairman, I have had the privi- are listening because they are about to sure that the secretary, police, fire- lege to work closely with both my col- get some very important new tools, the fighters, all first responders, get all of leagues, the gentleman from Georgia critical one of which is the ability to the critical information that they need (Mr. CHAMBLISS) and the gentlewoman get accurate, credible threat informa- and that they know what to do with it. from California (Ms. HARMAN) on this tion in time to know what to do. Governor Ridge often says if the legislation, and they are great leaders. Mr. Chairman, I yield the balance of hometown is secure, the homeland is I applaud their work, and this is a my time to the gentleman from New secure. Shared information will em- strongly supported amendment to this Jersey (Mr. MENENDEZ), who has shown power the local communities to protect overall legislation. It is important for extraordinary leadership on this issue themselves. And shared information our country today, and I urge my col- and the related issues in this bill we will also supplement the administra- leagues to vote ‘‘yes’’ on it. are considering today as head of the tion’s homeland security advisory sys- Ms. HARMAN. Mr. Chairman, I yield House Democratic Caucus on Homeland tem by giving those responders useful 2 minutes to the gentlewoman from Security. and actionable information. California (Ms. PELOSI), the ranking Mr. MENENDEZ. Mr. Chairman, I Lastly, this amendment recognizes member on the House Permanent Se- commend the gentlewoman from Cali- that the sharing of information is more

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.163 pfrm17 PsN: H26PT1 July 26, 2002 CONGRESSIONAL RECORD — HOUSE H5861 effective when it is unclassified, but it or respond to a terrorist attack we must share (4) EXISTING EMPLOYEES OF VISA OFFICE.— protects all of the sources and methods critical homeland security threat information Employees of the Visa Office who are not for- and the work that my colleagues have with our first responders and local officials. eign service officers shall become employees done in this regard, which is I think I am sure that we have all heard from first of the Department of Homeland Security im- mediately upon the effective date of the exceptionable and is to be commended responders and local officials in our districts transfer of the Visa Office to the Department to the House in that regard. about the need to strengthen lines of commu- under this title. I think that by having this amend- nication between federal and local govern- (c) TRAINING.— ment adopted, we can guarantee that ments regarding Homeland Security informa- (1) TRAINING PROGRAM.—The Secretary information sharing takes place across tion. This amendment directly addresses the shall provide for the training of Department the Federal Government and then concerns that I have heard from Maine offi- personnel involved in the adjudication, re- across the landscape of our country cials. The more information provided to them, view, or processing of visa applications, spe- from States, counties, and municipali- the better they are able to perform their duties cifically addressing the language skills, ties. With that when we know that in- and protect our citizens. interview techniques, fraud detection tech- niques, and other skills to be used by such formation is being shared, we are se- Finally, I would like to thank my colleagues personnel. cure. I urge adoption of the amend- for their work on this important amendment. (2) STUDY REGARDING USE OF FOREIGN NA- ment. The CHAIRMAN pro tempore (Mr. TIONALS.—During the transition period, the Mr. CHAMBLISS. Mr. Chairman, I SWEENEY). The question is on the Secretary shall study the role of foreign na- yield myself such time as I may con- amendment, as modified, offered by the tionals in the review and processing of visa sume. gentleman from Georgia (Mr. applications, specifically addressing the fol- We are coming to a close of two long CHAMBLISS). lowing: days of debate on what is the most The amendment, as modified, was (A) The proper role, if any, of foreign na- major restructuring of the Federal agreed to. tionals in such processing. (B) Any security concerns involving the Government that we have seen in 60 The CHAIRMAN pro tempore. It is now in order to consider amendment employment of foreign nationals. years. This is probably the most impor- (C) Whether there are cost-effective alter- tant piece of legislation that in, my 8 No. 27 printed in House Report 107–615. natives to the employment of foreign nation- years, that I have served in this great AMENDMENT NO. 27 OFFERED BY MR. WELDON OF als. institution that we will take up and FLORIDA (3) REPORT.—Not later than 2 years after pass. I am very pleased that this par- Mr. WELDON of Florida. Mr. Chair- the date of the enactment of this Act, the ticular amendment is going to be in- man, I offer an amendment. Secretary shall submit a report on the find- cluded in the bill that is going to be fi- The CHAIRMAN pro tempore. The ings of the study under paragraph (2) to the Clerk will designate the amendment. Committee on Government Reform, Com- nally passed in this House, because I mittee on the Judiciary, and Committee on am totally confident that because of The text of the amendment is as fol- lows: International Relations of the House of Rep- this particular amendment, because we resentatives and the Committee on Govern- Amendment No. 27 offered by Mr. WELDON are going to be able to now get infor- mental Affairs, Committee on the Judiciary, of Florida: and Committee on Foreign Relations of the mation in the hands of local and State At the end of section 402 (relating to func- Senate. officials, law enforcement officials, the tions transferred) insert the following: folks who are on the front line, the (9) The Visa Office of the Bureau of Con- (d) LEGAL EFFECT.— folks like Sheriff Richie Chaifin, Sher- sular Affairs of the Department of State, in- (1) IN GENERAL.—The transfer of authority to the Secretary in section 403(a) shall not be iff Bunch Conway, those folks on the cluding the functions of the Secretary of State, relating thereto. construed to modify— front lines are going to have informa- (A) any ground for such refusal authorized tion now to be able to disrupt and stop In section 403 (relating to visa issuance) strike subsections (a) through (f) and insert by law (including grounds under sections 212 terrorist activities. the following (and redesignate subsection (g) and 221(g) of such Act (8 U.S.C. 1182 and I want to conclude by just com- as subsection (i)): 1201(g))); mending our President under his lead- (a) AUTHORITY.—Notwithstanding the pro- (B) the presumption of immigrant status ership, his particular step to take this visions of section 104 of the Immigration and established under section 214(b) of such Act bold action of restructuring our Fed- Nationality Act (8 U.S.C. 1104) or any other (8 U.S.C. 1184(b)) or the effect of failure to es- eral Government to ensure that our law, the Secretary shall have exclusive au- tablish eligibility for nonimmigrant status thority to issue regulations with respect to, described in such section; or children and our grandchildren are able (C) the burden of proof placed upon persons to live in the same safe and secure soci- administer, and enforce the provisions of that Act and all other immigration and na- making application for a visa or any other ety that all of us have enjoyed is a tionality laws relating to the granting or re- document required for entry under section major, major step in the right direc- fusal of visas. 291 of such Act (8 U.S.C. 1361) or the effect of tion. (b) TRANSITION.— failure to establish eligibility for such visa This Department of Homeland Secu- (1) IN GENERAL; DETAILS.—During the 2- or other document described in such section. rity is going to allow us to give our year period beginning on the effective date (2) NONREVIEWABILITY.—No court shall children and grandchildren that safe of this Act, there shall be a transition pe- have jurisdiction to review the granting or and secure America. I again thank the riod. During this period consular officers (as refusal of a visa by the Secretary or a des- ignee of the Secretary. gentlewoman from California (Ms. defined in section 101(a)(9) of the Immigra- tion and Nationality Act (8 U.S.C. 1101(a)(9))) (e) REFUSAL OF VISAS AT REQUEST OF SEC- HARMAN) for the gentlewoman’s hard of the Department of State and other foreign RETARY OF STATE.—Upon request by the Sec- work on this. We have traveled a long service officers in the Visa Office, to the ex- retary of State, the Secretary of Homeland trail with this, and it is good that we tent they are involved in the granting or re- Security shall refuse to issue a visa to an are coming to a conclusion with it. fusal of visas or any other documents re- alien if the Secretary of State determines Mr. BALDACCI. Mr. Chairman, I rise in sup- quired for entry into the United States, shall that such refusal is necessary or advisable in port of this amendment, which will improve the be detailed to the Department of Homeland the interests of the United States. sharing of relevant terrorist threat information Security. A detail under this subsection may (f) REVIEW OF PASSPORTS ISSUED TO AMERI- between federal agencies and local govern- be terminated at any time by the Secretary. CANS OVERSEAS.—The Secretary shall have (2) MAINTENANCE OF ROTATION PROGRAM.— the authority to review requests for pass- ments and our first responders. During the transition period described in ports by citizens of the United States living To me, this is the very foundation of our ef- paragraph (1), the Secretary of State shall or traveling overseas. forts, and the fundamental basis of a sound maintain and administer the current rota- (g) CONFORMING AMENDMENTS.—Section 104 homeland security and an effective Depart- tion program (at least at the employment of the Immigration and Nationality Act (8 ment of Homeland Security. Since September level in existence on the date of enactment U.S.C. 1104) is amended as follows: 11th, I have worked closely with my col- of this Act) under which foreign service offi- (1) In subsection (a), by striking ‘‘conferred leagues to secure funding to equip our first re- cers are assigned functions involved in the upon consular officers’’ and inserting ‘‘con- sponders, as they are our first line of defense adjudication, review, or processing of visa ferred upon the Secretary of Homeland Secu- applications. rity’’. in the fight against terrorism. However, to suc- (3) TERMINATION OF TRANSITION PERIOD.— (2) In subsection (c)— cessfully win this fight against terrorism, we The transition period may be terminated (A) in the first sentence, by striking ‘‘, a must provide our first responders with more within the 2-year period described in para- Visa Office,’’; and than equipment and money. In order to safely graph (1) by the Secretary after consultation (B) in the second sentence, by striking ‘‘Di- and effectively perform their jobs and prevent with the Secretary of State. rectors of the Passport Office and the Visa

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.166 pfrm17 PsN: H26PT1 H5862 CONGRESSIONAL RECORD — HOUSE July 26, 2002 Office’’ and inserting ‘‘Director of the Pass- lowed, Democrat and Republican alike. view, the regulatory power, the author- port Office, and the head of the office of the Should we leave the visa office out of ity, the running of the whole operation Department of Homeland Security that ad- the Department of Homeland Security is turned over to Homeland Security. ministers the provisions of this Act and simply because today we have a very But the ministerial work out in the other immigration and nationality laws re- lating to the granting or refusal of visas,’’. capable person who understands secu- field, in the 200 offices around the (3) By striking subsection (e). rity at the Department of State? globe, is left with the Foreign Service The CHAIRMAN pro tempore. Pursu- I say that is not a valid reason. I will Department of State because they have ant to House Resolution 502, the gen- tell Members another reason why many the experience, they know what they tleman from Florida (Mr. WELDON) and people are fighting to move the Office are doing, and they are in place. It the gentleman from California (Mr. of Visa Issuance into the Department would take 2 years to replace them all. LANTOS) each will control 10 minutes. of Homeland Security. The office next I do not know where you would get the The Chair recognizes the gentleman year will generate $630 million for the people to replace them all. from Florida (Mr. WELDON). State Department. They do not spend This is not going to work. You are Mr. WELDON of Florida. Mr. Chair- that much money on visa services. not helping Homeland Security by giv- man, I yield myself such time as I may Concerns about jurisdiction and ing them this monumental task which consume. money must not prevent us from doing has little to do with homeland secu- Mr. Chairman, why are we passing what is best for our Nation. This rity. this bill? Why are we creating this De- amendment transfers the visa function I do not ask that the gentleman re- partment of Homeland Security? As I to the Department of Homeland Secu- consider, I know that is not going to see it, we are doing it because if we are rity where it belongs, and provides sin- happen; but I hope that his amendment ever attacked again, we want to be able gular management of the visa process. is defeated and this compromise that to respond better; but more impor- It allows for a 2-year transition period has been worked out with the adminis- tantly, we never want to be attacked during which those foreign service offi- tration and with four standing commit- again. We also believe that this is cers currently on the visa line will re- tees is not upset. Mr. WELDON of Florida. Mr. Chair- going to be a very long fight. Why else main there, and the State Depart- man, I yield 2 minutes to the distin- would we be rearranging all of these ment’s current rotation system re- guished gentleman from Florida (Mr. agencies like this. We certainly would mains in place. It preserves the Sec- not be doing this if we thought that KELLER). retary of State’s authority to deny a Mr. KELLER. I thank the gentleman this was just going to last for a few visa for reasons of national interest, for yielding me this time. short years. and it preserves the nonreviewability Mr. Chairman, I rise tonight in sup- It is important to note that this is of visa refusals in the courts. It also port of the Weldon amendment to move not primarily an issue of protecting provides for comprehensive training for the visa office from the State Depart- real estate, although the damage to the visa officers. ment to the new Department of Home- Pentagon and the loss of the Twin Mr. Chairman, I reserve the balance land Security. I have the happy privi- Towers hurt us, and hurt us badly. of my time. lege of representing Orlando, Florida, What hurt us much, much more is the Mr. LANTOS. Mr. Chairman, I yield which is the world’s number one tour- loss of lives. I knew someone who was such time as he may consume to the ist destination. Orlando was devastated killed September 11. Many Members gentleman from Illinois (Mr. HYDE). by the events of September 11. Nothing knew people as well. Thousands of in- (Mr. HYDE asked and was given per- would be more harmful to Orlando’s nocents are dead. We all agree, never mission to revise and extend his re- tourism-based economy than another again do we want to see Americans marks.) terrorist attack. So I care deeply about killed like we did on 9/11. I ask Mem- b 1845 this issue. bers, what is the single most effective Some of you may initially be reluc- Mr. HYDE. Mr. Chairman, this is a thing that we can do to prevent an- tant to support the Weldon amendment simple issue. There are 12 million, give other terrorist attack on American because you have heard that Colin soil. I think the answer is obvious, or take, applications for visas every Powell and Henry Hyde oppose any at- never let another terrorist into our Na- year submitted around the world. tempt to strip the State Department of tion, a difficult task, granted, but There are about 200 stations around the its power to issue visas to foreigners. I nothing less than that should be our world where American foreign service certainly do not blame you for defer- goal. It should be our mandate. officers process those applications for ring to these individuals, and I do not I ask Members, what are we doing in visas. What the gentleman from Flor- pretend to have the same level of ex- this bill to respond to this mandate? ida wishes to do is to take the issuing pertise in foreign relations as these Well, we are moving border patrol and of the visas, the administrative func- two esteemed gentlemen. But I am re- INS into homeland security. We are tion, 12 million of them every year, and minded of the words of President Ron- moving the Customs Service, the Coast put them in the Homeland Security ald Reagan: facts are stubborn things. Guard, even APHIS. Why are we leav- Agency. I am suggesting that that is So let me give you the facts with re- ing the State Department’s visa office, impractical, that it is not going to spect to one country, Saudi Arabia: the very agency responsible for issuing work. Fifteen of the 19 airplane hijackers all 19 of the September 11 terrorist You are not doing the Homeland Se- on September 11 were from Saudi Ara- visas, why are we leaving them out of curity Agency any favor by dumping bia and were issued visas by the State the new department? an administrative task in their lap. Department. Ten of those visas were Members will hear some of the rea- The present foreign service officers issued by a single foreign service offi- sons from some of the opponents to my have done, for the most part, a very cer, yet we know from a recent GAO in- amendment. I want to make two im- good job, although I will agree with the vestigation that the State Department portant points. We may hear that Colin gentleman from Florida, we do need did not interview that officer after 9–11 Powell will be able to reform State’s some changes. This is not status quo. to learn what might have gone wrong. troubled visa office and give homeland The gentleman from California (Mr. Three of the other Saudi terrorists ob- security the priority it needs. Colin LANTOS) and the gentleman from Cali- tained their visas through the State Powell is not going to be there forever. fornia (Mr. BERMAN) are cosponsors of Department’s ‘‘visa express’’ travel Deciding who we let into this country this bipartisan bill which has been ap- agency program and were never even is arguably the most important home- proved by the Committee on the Judi- interviewed by the State Department land security function of all. Why leave ciary, the Committee on International prior to obtaining their visas. In fact, this in the hands of diplomats? We may Relations, the Committee on Govern- in the 3 months prior to 9–11, the State be fighting this battle for decades. ment Reform, and the Select Com- Department failed to do a personal The structural changes made in our mittee on Homeland Security. interview on 97 percent of the 22,360 government by Harry Truman provided What we do is we do turn over the ad- Saudis they issued visas to. the tools that were used throughout ministration of the office to the Home- Shockingly, despite September 11, the Cold War by all Presidents who fol- land Security. The training, the re- the State Department continued the

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.039 pfrm17 PsN: H26PT1 July 26, 2002 CONGRESSIONAL RECORD — HOUSE H5863 visa express program until just this Mr. Chairman, I rise in strong opposition to this legislation. The Select Committee mark week. Let me ask my colleagues a sim- the Weldon amendment and I ask unanimous keeps the visa processing element of INS in ple question: As a Member of Congress, consent to revise and extend my remarks. the Department of Justice. The Gentleman’s how will you feel if there is another Mr. Chairman, Chairman HYDE and I worked amendment would have the bizarre effect of airplane hijacked in the United States together on a bipartisan basis on H.R. 5005 keeping domestic visa issues out of Homeland because a poorly trained, entry-level with other members of the International Rela- Security, but overseas visa processing in State Department diplomat-wannabe tions Committee to craft a sensible proposal Homeland Security. This is an absurd out- issued a visa to yet another terrorist relating to visas. This provision is now in sec- come. from Saudi Arabia? tion 403 as reported by the Select Committee. Finally, Mr. Chairman, the version in the Se- Vote ‘‘yes’’ on the Weldon amend- Under our proposal, the Secretary of Home- lect Committee also includes a provision that ment. land Security would have exclusive authority Mr. WELDON already added in the Government Mr. LANTOS. Mr. Chairman, I yield to set visa policy, while State Department con- Reform Committee, requiring assignment of myself such time as I may consume. sular officers will continue to process the Homeland Security personnel to Saudi Arabia visas. The Secretary of Homeland Security (Mr. LANTOS asked and was given and review of all Saudi visa applications by can overturn decisions of consular officers to permission to revise and extend his re- such personnel. But this does not seem to be grant a visa, alter visa procedures now in marks.) enough for Gentleman—he wants another bite place, and can develop programs of training at the apple. Mr. LANTOS. Mr. Chairman, I find for consular officers. In addition, our proposal In conclusion, Mr. Chairman, I think that the myself in the unusual position of rep- would allow Homeland Security employees to Hyde-Lantos-Ros-Lehtinen-Berman Amend- resenting the position of the President be assigned abroad to review cases that ment adopted by four committees on a bipar- of the United States, George W. Bush; present homeland security issues and deal tisan basis, addresses all the Gentleman’s the Secretary of State, Colin Powell; with homeland security issues that arise concerns. I urge my colleagues to support the President’s adviser on homeland se- abroad. section 403, which has been endorsed by the curity, Governor Ridge; and, of course, I am very pleased that the White House has President, Governor Ridge, the President’s ad- the unanimous voice of the House Com- announced its support for this proposal, and viser on Homeland Security, and Secretary of mittee on International Relations that in addition to the Select Committee, all State. which voted without a single dis- three other House committees that considered By retaining a role for consular officers in senting vote for the Hyde-Lantos-Ber- it adopted virtually the same amendment. adjudicating the millions of applications pre- man proposal. Moreover, I understand that Governor Ridge senting no security-related issues, the Presi- Our distinguished chairman, Chair- confirmed the Administration’s support for the dent’s plan will allow Homeland Security offi- man HYDE, outlined the main reasons amendment in testimony before the Select cers to perform their homeland security mis- for our position. Four House commit- Committee last week. I am simply asking that sion. By authorizing the presence of Home- tees approved our position. It is a posi- the House endorse what all four Committees land Security officers in our overseas posts to tion which is a rational, sensible com- considering this matter have done and what identify and deal with homeland security promise. It leaves the issuance of over the Administration has supported. issues, Section 403 as written offers the best 11 million visas to competent foreign Mr. Chairman, I want to take a brief moment protection for our homeland security. service officers all over the country, to tell you why I feel so strongly about main- Do not upset this balance. Oppose the but it gives the Homeland Security De- taining the provision as it exists in the Select Weldon Amendment. partment the authority to place as Committee. Mr. Chairman, I reserve the balance many of their people into every single The talented young people who join the For- of my time. one of these offices that issues visas eign Service, at the average age of 32 for the Mr. WELDON of Florida. Mr. Chair- and they will have the sole and exclu- last entering class, have the ambition to be- man, I yield 2 minutes to the distin- sive jurisdiction of final decision. come an ambassador to an important country guished gentleman from Colorado (Mr. It is inconceivable to me why the or some other high level position in the De- TANCREDO). gentleman from Florida does not find partment of State. It is on this basis that they Mr. TANCREDO. Mr. Chairman, this arrangement a perfectly safe, ra- are willing to dedicate years of their lives to many of our colleagues have come to the floor today to express their deep tional, and foolproof arrangement. Not focus their talents on questions related to commitment to doing everything that a single visa will be issued under our visas. It is inconceivable that we can attract can be done to ensure the protection of plan if Homeland Security objects. quality people to jobs that have no such prom- the American people. It is a laudable Every single approval must come from ise of advancement, with employees facing an sentiment, but one that rings hollow Homeland Security. entire career of visa interviews. Even more important, any proposal transfer- when juxtaposed against the fact that I think it is important to realize that today our borders are just as porous the thousands of foreign service offi- ring the entire visa function to Homeland Se- curity would risk overwhelming Homeland Se- and just as undefended as they were on cers who perform the ministerial func- curity personnel with non-homeland security September 11, 2001. tion do not choose to join the foreign functions and thereby make it difficult or im- We may indeed wish to go home to service because they want to spend a possible for them to perform their central mis- our constituents and tell them that we lifetime issuing visas. That is their ini- sion. The last thing this Department should be have done everything we can do, but tial step. Their hope is to be an ambas- focused on is creating a whole new system for that would be far from the truth. Just sador to a country 25 or 30 years into adjudicating over 11 million visas per year, at last week a television program docu- their career. The notion that we will a huge and unknown cost. mented the ease with which human set up a duplicate foreign service which Mr. Chairman, I know people are concerned smugglers illegally bring people into has no other function but to issue visas about the visas that were issued to the terror- the United States, including potential simply boggles the mind. What quality ists who attacked New York, and the amount terrorists. This is 10 months after Sep- individuals will we be able to find who of training that consular officers have on con- tember 11. This situation will improve will be dedicating their entire lives to ducting interviews of visa applicants. only marginally by the creation of this issuing visas? Not the kinds of people Under our amendment, the Secretary of new agency, and that is because of only we now find for our foreign service. Homeland Security will be able to order ex- one thing. It is the consolidation of the I would like to suggest, Mr. Chair- actly what kind of training consular officers various border enforcement activities man, that our compromise, which has should receive, specifically direct that certain that now reside in a myriad of Federal the support of four of our committees persons will not be issued visas (irrespective agencies, each one operating within a with jurisdiction in this matter, the of the Department of State’s views), and will vacuum, with little if any communica- President of the United States, the ensure that security concerns are properly tion between and among them. But Secretary of State and Governor Ridge considered both in Washington and abroad. If even this effort is being crippled be- is the only rational formula. I urge all he believes that ‘‘Visa Express’’ or other simi- cause perhaps the most moribund of all of my colleagues to reject the Weldon lar programs should be closed, he can close of these agencies, namely, the Depart- amendment. it. ment of State does not want to give up Mr. Chairman, I rise to claim the time in op- Moreover, Mr. Chairman, the Weldon a responsibility that they have so dis- position to the Weldon amendment. Amendment undercuts the very structure of mally failed to uphold.

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.170 pfrm17 PsN: H26PT1 H5864 CONGRESSIONAL RECORD — HOUSE July 26, 2002 We have heard the horror stories, but Weldon amendment, exists in this bill Yes, we all know that the nineteen terrorist it is not all due to just incompetence. that says as to Saudi Arabia visas, who attacked the U.S. on this infamous date, Much of the slipshod process is a result someone from Homeland Security has traveled to the United States on legally issued of a culture within the Department of to make every single interview in this visas. What they fail to realize, however, is State. Consular officials are told that context. that the consular agents who man the front their primary responsibility is to treat In this bill, policies, training and ul- lines of the war on terror and interview and every applicant for a visa as if they timate final decisions are made by the carry out the rules which govern visa proc- were a ‘‘customer’’ and to expedite the Department of Homeland Security but essing, have no way of knowing that a visa process as quickly as possible with as do not try to re-create, because you applicant is a terrorist, but for the information little inconvenience to the ‘‘customer’’ will not be able to, an incredible bu- they are provided about the applicant through as possible. Hence, most interviews are reaucracy of language-trained people the FBI, CIA or other organizations and institu- completed literally in seconds. Of in many countries to do this process. It tions that make up the Intelligence Community course, some of those ‘‘customers’’ will not work. It will fall on its face. in the United States. I distinctly recall the testi- showed their appreciation for this con- This compromise is the sensible com- mony of the Under Secretary for Management sideration by crashing airplanes into promise. I urge the amendment be re- at the State Department before my Sub- our buildings. jected. committee. He unflinchingly stated that ‘‘There Even today, attempts to enforce se- Mr. WELDON of Florida. Mr. Chair- is no way, without prior identification of these curity standards are resisted by the man, may I inquire who has the right [applicants] as terrorists through either law en- State Department. In Mexico, consular to close? forcement or intelligence channels and the officials today have been told to ignore The CHAIRMAN pro tempore (Mr. conveyance of that knowledge to consular offi- FBI requests to fingerprint and record SWEENEY). The gentleman from Flor- cers abroad, that we could have known [the all applicants on particular watch lists. ida, the proponent of the amendment, terrorists] intention.’’ I would underscore this They are told that it would take, has the right to close. point by adding that the largest of these intel- Mr. WELDON of Florida. Mr. Chair- quote, ‘‘too much time.’’ ligence organizations, we all know who they man, I reserve the balance of my time. I ask you, if you were leaving home Mr. LANTOS. Mr. Chairman, I am de- are, are not even a part of the newly created at night, would the State Department lighted to yield 1 minute to the distin- DHS. be the type of neighbor with whom you guished gentlewoman from Texas (Ms. I, for one, find the prospect of placing the would leave the keys to your house? entire visa issuance function, currently the re- JACKSON-LEE). Vote for the Weldon amendment. (Ms. JACKSON-LEE of Texas asked sponsibility of the State Department, within the Mr. LANTOS. Mr. Chairman, I am de- and was given permission to revise and exclusive authority of the Secretary of Home- lighted to yield 2 minutes to the distin- extend her remarks.) land Security troubling. Everyday, in consular guished gentleman from California Ms. JACKSON-LEE of Texas. Mr. posts around the world, issues arise as to how (Mr. BERMAN). President, I want a Homeland Security a policy or regulation should apply in a spe- Mr. BERMAN. Mr. Chairman, I thank Department, but I want a deliberative cific case. Cases often turn on questions that the gentleman for yielding me this and thoughtful process. I thank the have a significant impact on U.S. foreign pol- time. ranking member, I thank the gen- icy interests, U.S. business interests, or the Three points: first, the logic of the tleman from California (Mr. BERMAN), American values of family unity and humani- amendment from the gentleman from and the gentleman from Illinois (Mr. tarian protection. These issues all properly re- Florida is simple. Consular employees, HYDE) for a thoughtful process. This is side within the expertise of the State Depart- State Department consular employees the way to have this work effectively. ment and should be resolved in consultation have granted visas to bad people. They How does it work? First, it gives the with it. have made mistakes. Therefore, elimi- Homeland Security officers authority During, the Judiciary Committee’s markup of nate them. Eliminate the State De- to oversee the visa process. Those offi- its recommendations for the Department of partment role. Under that logic, the cers can actually refuse visas and de- Homeland Security, my colleagues Mr. HYDE CIA should be taken out of intel- velop programs for training the con- and Mr. BERMAN, offered an amendment that ligence-gathering because they did not sular offices. But at the same time, we addresses these important issues. I spoke in know that Iraq was developing nuclear do not throw away the expertise of the favor of the provisions of the Hyde-Berman weapons during the 1980s. The central State Department and all the expertise amendment and I do the same today as it is office of the FBI should be collapsed of our outstanding foreign service staff currently the prevailing language of H.R. 5005. because they did not act on messages persons who deal with diplomacy every This bill provides that the administration of from the Phoenix and Minneapolis of- day, who understand the language and visa issuance function be carried out by State fices regarding suspicious activities by the culture. We keep the employees in Department employees under the policy and people in the United States. And the the State Department, but the hard- regulatory guidance of the DHS. I had planned National Security Agency should be line rules and the instructions and the to offer an amendment creating a fifth division folded up because it did not translate way to protect us and the security di- of the DHS. My amendment includes the intercepted communications fast rection is with the Department of Hyde-Berman Amendment language. enough to warn us about September 11. Homeland Security. I believe the The Weldon amendment is opposed by the I would suggest that for 2 days we Weldon amendment will undermine White House and Secretary of State Powell have been debating amendments with this expertise and will take us further and is contrary to the bipartisan decision of arguments tossed back and forth. ‘‘Lis- away from being secure; and it should the four House Committees that considered ten to the committees of jurisdiction, be defeated and we should keep the lan- this issue, including the Select Committee. If they have expertise.’’ guage and the format as it is in the adopted, the amendment will distract the Sec- ‘‘Defer to the administration, they bill. retary of Homeland Security from the task of know what is best.’’ Mr. President, I want a bill, but I securing the United States by forcing the new ‘‘Take the approach of the Special want it to be deliberative and effective Department not only to absorb all the agen- Committee on Homeland Security be- on behalf of the security of the Amer- cies described in H.R. 5005, but also to create cause they have the right synthesis.’’ ican people. a whole new bureaucracy and career track for Well, in this case the administration, As the ranking member of the Judiciary processing between 10 and 12 million visa ap- the three committees of jurisdiction, Subcommittee on Immigration, Border Security plications a year—of which the overwhelming and the Special Committee on Home- and Claims, I, like many others in this body, majority are from bona fide tourists, business land Security have considered the gen- have sat through many a hearing and markup people, and relatives of U.S. citizens who tleman’s amendment and have rejected about the creation of the Department of pose no danger to homeland security. it. Moreover, had the other gentleman Homeland Security (DHS). At every hearing The House International Relations, Judiciary from Florida (Mr. KELLER) talked to and every markup that I have attended regard- and Government Reform Committees consid- the gentleman from Florida (Mr. ing the DHS, visa processing has been a con- ered this issue and determined that the visa WELDON), I am sure he would have tentious and difficult issue. There are the State function should remain with the State Depart- learned that in the case of Saudi Ara- Department for its role in the events of Sep- ment, which will act under the guidance of the bia, the Weldon amendment, the other tember 11. policies and regulations developed by the new

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00072 Fmt 4634 Sfmt 9920 E:\CR\FM\K26JY7.172 pfrm17 PsN: H26PT1 July 26, 2002 CONGRESSIONAL RECORD — HOUSE H5865 Department of Homeland Security. Transfer- The most effective thing we can do is regulatory guidance of the DHS. I had planned ring exclusive policy and regulatory authority transfer the visa office. I ask my col- to offer an amendment creating a fifth division over visa issuance to the Secretary of Home- leagues again, why are we moving all of the DHS. My amendment includes the lands Security will put security concerns at the of these other functions into the De- Hyde-Berman Amendment language. forefront of visa decisions without losing the partment of Homeland Security and The Weldon amendment is opposed by the talent, training and experience of consular offi- leaving this vital function out? White House and Secretary of State Powell cials currently serving at the State Depart- I was in the Army. When you deploy and is contrary to the bipartisan decision of ment. to the field, protecting your perimeter the four House Committees that considered Mr. Chairman, I urge my colleagues to op- was the most important thing. If you this issue, including the Select Committee. If pose the Weldon amendment. could not do that, you were not going adopted, the amendment will distract the Sec- to be able to be a fighting force. retary of Homeland Security from the task of b 1900 Protecting our borders is the most securing the United States by forcing the new Mr. LANTOS. Mr. Chairman, I yield important thing. Vote yes on the Department not only to absorb all the agen- myself my remaining time. Weldon amendment. cies described in H.R. 5005, but also to create Mr. Chairman, my colleagues have Ms. JACKSON-LEE of Texas. Mr. Chair- a whole new bureaucracy and career track for made all the arguments but one: Buy- man, as the ranking member of the Judiciary processing between 10 and 12 million visas ing into the Weldon amendment would Subcommittee on Immigration, Border Security applications a year—of which the over- incur a vast and indeterminable cost in and Claims, I, like many others in this body, whelming majority are from bona fide tourists, building a gigantic overseas bureauc- have sat through many a hearing and markup business people, and relatives of U.S. citizens racy to perform administerial func- about the creation of the Department of who pose no danger to homeland security. tions. Homeland Security has full au- Homeland Security (DHS). At every hearing The House International Relations, Judiciary thority to reject any visa application and every markup that I have attended regard- and Government Reform Committees consid- they choose. The State Department of- ing the DHS, visa processing has been a con- ered this issue and determined that the visa ficers must continue to issue visas. I tentious and difficult issue. There are the State function should remain with the State Depart- ask all of my colleagues to reject this Department for its role in the events of Sep- ment, which will act under the guidance of the ill-advised amendment. tember 11. policies and regulations developed by the new Mr. Chairman, I yield back the bal- Yes, we all know that the nineteen terrorist Department of Homeland Security. Transfer- ance of my time. who attacked the U.S. on this infamous date, ring exclusive policy and regulatory authority Mr. WELDON of Florida. Mr. Chair- traveled to the United States on legally issued over visa issuance to the Secretary of Home- man, I yield myself such time as I may visas. What they fail to realize, however, is land Security will put security concerns at the consume. that the consular agents who man the front forefront of visa decisions without losing the Mr. Chairman, this body passed a bill lines of the war on terror and interview and talent, training and experience of consular offi- creating a large bureaucracy to protect carry out the rules which govern visa proc- cials currently serving at the State Depart- our airline security, so the argument essing, have no way of knowing that a visa ment. that was just made, as far as I am con- applicant is a terrorist, but for the information Mr. Chairman, I urge my colleagues to op- cerned, is not really valid, particularly they are provided about the applicant through pose the Weldon Amendment. when you look at the fact that I do not the FBI, CIA or other organizations and institu- The CHAIRMAN pro tempore (Mr. create a new bureaucracy. I transfer tions that make up the Intelligence Community SWEENEY). All time for debate on this the visa office to the Department of in the United States. I distinctly recall the testi- amendment has been exhausted. Homeland Security. mony of the Under Secretary for Management The question is on the amendment What will happen if we do that? Well, at the State Department before my Sub- offered by the gentleman from Florida some of the Department of State per- committee. He unflinchingly stated that ‘‘There (Mr. WELDON). sonnel will stay on in the new Depart- is no way, without prior identification of these The question was taken; and the ment of Homeland Security, because [applicants] as terrorists through either law en- Chairman pro tempore announced that they have been doing visa issues for forcement or intelligence channels and the the noes appeared to have it. years, and then the Department of conveyance of that knowledge to consular offi- Mr. WELDON of Florida. Mr. Chair- Homeland Security will have to hire cers abroad, that we could have known [the man, I demand a recorded vote. The CHAIRMAN. Pursuant to clause new people. terrorists] intention.’’ I would underscore this 6 of rule XVIII, further proceedings on The important thing they will do is point by adding that the largest of these intel- the amendment offered by the gen- they will hire people who are trained ligence organizations, we all know who they tleman from Florida (Mr. WELDON) will more like police officers, that have are, are not even a part of the newly created more security in mind. The people who be postponed. DHS. Ms. PELOSI. Mr. Chairman, I ask are currently occupying these positions I, for one, find the prospect of placing the unanimous consent to speak for 1 essentially are people who are inter- entire visa issuance function, currently the re- ested in becoming diplomats. Is that minute. sponsibility of the State Department, within the The CHAIRMAN pro tempore. Is the right thing? Do we want the people exclusive authority of the Secretary of Home- there objection to the request of the who screen who comes in to be people land Security troubling. Everyday, in consular gentlewoman from California? who really want to do diplomatic and posts around the world, issues arise as to how There was no objection. economic policy? a policy or regulation should apply in a spe- Ms. PELOSI. Mr. Chairman, I rise to Finally, I want to say one important cific case. Cases often turn on questions that speak to inquire of the distinguished thing about the current supposed com- have a significant impact on U.S. foreign pol- majority leader how he would like to promise. Under current law, the Jus- icy interests, U.S. business interests, or the proceed. tice Department under the Attorney American values of family unity and humani- Mr. ARMEY. Mr. Chairman, will the General defines policy for visa issuance tarian protection. These issues all properly re- gentlewoman yield? and the State Department carries it side within the expertise of the State Depart- Ms. PELOSI. I yield to the gentleman out. Under this supposed compromise, ment and should be resolved in consultation from Texas. the Department of Homeland Security with it. Mr. ARMEY. Mr. Chairman, we have will define those policies and the State During, the Judiciary Committee’s markup of come to the conclusion now of the con- Department will carry it out. its recommendations for the Department of sideration of all our amendments. We I do not really see the current lan- Homeland Security, my colleagues Mr. HYDE will soon move on to votes. The gentle- guage as going obviously far enough. In and Mr. BERMAN, offered an amendment that woman from California may note that committee I managed to get an amend- addresses these important issues. I spoke in under a previous unanimous consent ment through that at least gave the favor of the provisions of the Hyde-Berman request, both she and I will be recog- Department of Homeland Security Sec- amendment and I do the same today as it is nized for 5 minutes to speak out of retary the authority to deny a visa, currently the prevailing language of H.R. 5005. order for the purpose of appreciating which I would have to say is somewhat This bill provides that the administration of the process and our colleagues. of an improvement. But it simply does visa issuance function be carried out by State Mr. Chairman, it would be my sug- not go far enough. Department employees under the policy and gestion the gentlewoman take her 5

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.041 pfrm17 PsN: H26PT1 H5866 CONGRESSIONAL RECORD — HOUSE July 26, 2002 minutes and then, as has been my cus- stitution and our civil liberties, and to the need for a strong Office of Home- tom, I will cling to the last word. that is what we set upon to do in this land Security in the White House. Ms. PELOSI. Mr. Chairman, reclaim- legislation. The CHAIRMAN pro tempore. The ing my time, if I may further inquire of On September 11, our country was at- time of the gentlewoman from Cali- the distinguished majority leader, tacked in a way that was unimaginable fornia has expired. would it then be the intention that we up until that time, and is unforgettable Ms. PELOSI. Mr. Chairman, I would would move to the votes and any other from then on. Anyone who has visited ask the distinguished chairman, the business before we move to final pas- Ground Zero in New York, the Pen- gentleman from Texas (Mr. ARMEY), if sage? tagon or the crash site in Pennsylvania he would agree to an additional 5 min- Mr. ARMEY. The gentlewoman is knows that they have walked on hal- utes on both sides. I will ask unani- right. lowed ground. Indeed, in our work here mous consent to have an additional 5 Ms. PELOSI. Mr. Chairman, would today and in the past few weeks, we, minutes on each side. I understand the gentleman like to shed any light on too, are on hallowed ground. We have a that the gentleman from Texas (Mr. the schedule for the remainder of the solemn obligation to those heroes who DELAY) wishes to speak. I will use our evening? died as martyrs to freedom and to their time. Mr. ARMEY. Mr. Chairman, if the Mr. ARMEY. Mr. Chairman, if the families to respond in a way that re- gentlewoman makes that request, I can gentlewoman will continue to yield, we flects the greatness of our country. say to the gentlewoman that I cer- will soon be completing this bill. I That greatness, again, calls for pro- would guess we would probably go to tainly would not object, and I would tecting our country and our civil lib- encourage my colleagues to not do so, the bankruptcy conference report that erties in the best possible way, to re- if the gentlewoman would direct the re- so many of us have waited upon with duce risk, to protect the American peo- quest to the Chair. such great expectations. Then, should ple in the best possible way. Ms. PELOSI. Mr. Chairman, I ask other business make itself available Mr. Chairman, I am sad to report unanimous consent for an additional 5 after that, we would be prepared. that I do not think that the legislation minutes on both sides. I would advise Members to be pre- before us meets that standard. We have The CHAIRMAN pro tempore. Is pared to work until sometime later in tried to find our common ground, and there objection to the request of the the evening, but that we should con- where we found agreement, we resolved gentlewoman from California? clude our work before we adjourn to- differences. But on some issues that There was no objection. night’s session and be available, I are fundamental to us on both sides, we Ms. PELOSI. Mr. Chairman, I am think, for first flights in the morning. could not find agreement. afraid that we do not see the respect Ms. PELOSI. Mr. Chairman, I thank We are in a stage of the legislative for the civil service that I think that the distinguished gentleman for the in- process, and it is my hope that, as we this Homeland Security Department formation, and look forward to making go forward, we will be able to resolve legislation should contain. There is a further inquiries into the night as may some of these differences further, so serious reason why we have a civil be required. that at the end of the day we will have service. It came into existence to The CHAIRMAN pro tempore. Pursu- bipartisan agreement on the Depart- eliminate corruption and favoritism, ant to the prior unanimous consent re- ment of Homeland Security, which we and, here, we have here a diminishing quest, the gentlewoman from Cali- all agree we need, but have some dis- of the rights of our workforce, rather fornia (Ms. PELOSI) is recognized for 5 agreement over what form it should than enhancement of our civil service. minutes. take. We sing the praises of our first re- Ms. PELOSI. Mr. Chairman, I thank I myself had hoped that we could sponders, of our public employees who you and all of those who have presided present to the American people a De- stand as the first line of defense, phys- over this debate in the last 2 days on partment of Homeland Security that ically and intellectually, in protecting an issue of very, very immediate im- was lean and of the future, not a mon- America, and yet in this new Depart- portance to the American people, the strous bureaucracy of the ’50s that ment we want to diminish their rights. safety of our country and their per- would have been obsolete even then. I I am also concerned about the safety sonal safety. I wish to commend all of had hoped that this new lean depart- issues. It took my breath away in com- the Members of Congress, of this ment would, instead of bulk, capitalize mittee when the chairman’s mark had House, on both sides of the aisle for on the technological revolution in in it the elimination of a deadline for their enthusiastic embrace of the order to increase communication and putting detection devices in place to issues involved in this legislation. coordination. detect explosives in baggage. We end I particularly want to commend the I had hoped that the Secretary of up in this bill with an extension. But I staff, the bipartisan staff of the stand- Homeland Security would be able to hope that that will not be an endless ing committee, as well as of the com- coordinate functions, rather than have extension, but I fear that it may be. I mittees of jurisdiction, who worked to manage and administer staff. In- do not think that is the way to protect very, very hard over the past few deed, the very size of this Department the American people best. I am very concerned about the liabil- weeks. Personally I want to commend is alarming. It will have, by low esti- ity provisions, the total immunity on my own staff Carolyn Bartholomew, mate, 170,000 employees, and the Gov- given to businesses, even those guilty George Crawford and Nathan Barr for ernment Accounting Office says it may of fraud and wrongdoing. Unlimited im- their good work; Kristi Walseth of the even have 200,000 employees. staff of the gentleman from Texas (Mr. Mr. Chairman, there are 85,000 juris- munity. We had a nice alternative, a good alternative that the business FROST); Pedro Pablo Permuy of the dictions in the United States, cities, community agreed to offered by the staff of the gentleman from New Jersey towns, municipalities, governments, gentleman from Texas (Mr. TURNER) (Mr. MENENDEZ); and Becky Salay of and only 120 of them, of the cities in which lost by one vote on the floor. I the staff of the gentlewoman from Con- our country, have a larger population hope that we can revisit that issue. necticut (Ms. DELAURO), and as I say, than the Department of Homeland Se- all of the staff of the standing com- curity. Salt Lake City, Utah, Provi- b 1915 mittee. dence, Rhode Island, Portsmouth, So I put it to my colleagues. Is it Mr. Chairman, we are gathered here Maine, Reno, Nevada, to name a few, your judgment that a bloated bureauc- today to honor a compact that our gov- are all smaller in their population than racy that undermines the civil service, ernment has with the American people, the Department of Homeland Security that gives unlimited immunity even to and that compact is to provide for the will be. wrongdoers is the best way to protect common defense. It is embodied in our I am sad that in the bloated bureau- the American people? preamble to the Constitution, wherein cratic approach we are taking that we As my colleagues know, our tragedy our civil liberties are enshrined. Our are looking backward rather than for- started at the airports, Mr. Chairman, Founding Fathers knew that we could ward in protecting the American peo- and in this legislation, there is protec- do both, protect and defend our coun- ple. But hopefully we can resolve some tion for the very kinds of security com- try and protect and defend our Con- of that as we go forward. That speaks panies that were a part of the problem

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.175 pfrm17 PsN: H26PT1 July 26, 2002 CONGRESSIONAL RECORD — HOUSE H5867 to begin with. Not only are we not try- provide the President with the tools sion and producing a plan that upheld ing to improve the situation, we are that he needs to secure our homeland. the President’s vision and brought us protecting the wrongdoers very specifi- Our current structure simply cannot closer to a safer, stronger America. cally. meet the demands of an age in which Members were right to keep a sharp So as my colleagues can see, I have the primary threats to the United eye against any measure that would some concerns about the bill. It does States have shifted. New threats have cripple our effort. We simply could not not mean I have some concerns about surfaced. We face asymmetrical war- afford to invest this new Department the idea; we all know that we want a fare from rogue regimes. We face grave with the ponderous inefficiency that Department of Homeland Security. We danger from terrorist organizations hobbles much of the Federal bureauc- all hope that in working together plotting to use weapons of mass de- racy. This is a reorganization that we through the rest of the legislative proc- struction. can be proud of, a reorganization that ess, we can come closer to a depart- America needs an overhauled, com- will ensure our security at home. ment that will do the job. What we prehensive agency that is engineered to Mr. ARMEY. Mr. Chairman, as we have now is the department that the combat the dangers that are unique to said earlier, on June 18, the President Government Accounting Office says our time. We need to move beyond our of the United States sent up here a re- will take 5 to 10 years to be up and run- current dysfunctional organization of quest for legislation to create a De- ning, and that will cost $4.5 billion to domestic security responsibility. We partment of Homeland Security which set up. We will spend any amount of need to apply ingenuity and experience we all recognize to be a daunting task. money to protect the American people, to craft a combined agency whose em- On the very next day, on June 19, this but is that $4.5 billion spent in the best ployees will arrive at work each morn- body enacted resolution 449, which es- way to protect the American people? ing with a single defining mission: pro- tablished the Select Committee on After all is said and done, Mr. Chair- tecting the people, resources, and insti- Homeland Security and the procedure man, it comes back to the families. I tutions of the United States. by which we would act upon the Presi- have had them say to me that a plane To be organized effectively and func- dent’s request. In just these few short flying overhead is a source of terror to tion efficiently, the Homeland Security weeks, all 12 of our standing commit- them. We owe it to them to reduce Department must be consolidated. It tees have acted and have acted judi- risk, to bring life as close to normal as has to be flexible, and its employees ciously and comprehensively, with a possible for them. must be readily accountable to its Sec- sense of focus on this Nation’s security The goal of terrorists is to instill retary. that demands and commanded our re- fear. We cannot let them have that vic- The President’s focus is a department spect. tory. We must work together to again, that is lean, focused, and operating The Select Committee on Homeland protect the American people best, and under the highest standards of ac- Security was privileged to have the to do so in a way that is not only a countability. Unfortunately, many of work of these 12 different committees comfort to the families, but removes the amendments that we saw through and to work with that work, and I hope sources of terror for them. this process had little or nothing to do with all of my heart that that which Again, though, I want to commend with protecting our homeland. we brought before this body tonight all of my colleagues on both sides of We saw attempts to freeze out pri- justifies the quality of commitment the aisle for the respect and dignity for vate enterprise. We saw efforts to that we saw in our colleagues on those those families they have brought to water down the Homeland Security 12 committees. We will vote on that in this debate. I know we all have a com- Secretary’s power to hold the Depart- a minute, but one thing is for certain. mon goal; we have different ways of ment’s employees to the highest stand- By the time we take a final vote to- reaching it. But those of us who have ards of performance and conduct. We night, every Member of this body will certain beliefs about how government saw initiatives to deny flexibility. We know: I had my say, I had my influ- should look in the future, and have ex- saw proposals that would have opened ence, I had my input, and I have a part perience that speaks to the possibili- a whole banquet for trial lawyers and of what we produced here. ties of technology being the source of dissuaded companies offering high- Let me, if I may, talk about a few coordination and communication, rath- tech, terror-fighting tools; amend- people in addition to, of course, our er than having cohabitation in a build- ments that would serve a divergent standing committees, those members ing for 170,000 people, believe that we agenda; amendments that would weak- of the President’s administration and can reach that goal. en the Department to placate en- cabinet, Governor Ridge, I suppose, in In closing, I want to compliment the trenched interests; amendments de- particular, but virtually every member majority leader. He is never listening, signed by the bureaucracy to preserve of the cabinet came before us and so my colleagues will have to tell him bureaucratic unaccountability. shared their insight, their advice, their what I say, and that is that he, We should be pursuing a common understanding. We had what I like to throughout the process, has been a goal. We should only consider change call our congressional entrepreneurs champion for protecting our civil lib- that would increase the effectiveness of who worked with us so much of the erties every step of the way. the new Department to catch and pre- time, shared their insight, their under- Not only has he been vigilant, he has empt terrorists. Changes that do not standing. We had so many people, but taken leadership, and for that I want should be rejected out of hand. We do we also had some remarkable staff to commend him. We did not have not have the luxury of weakening our work, and I would like to talk about many other areas of agreement, but I last line of defense. those people we call staff that make it hope the American people know that Let me just close with a word about possible for us to take bows. we are all of good intent when it comes the extraordinary job that the gen- Let me mention a few. Brian Gunder- to their welfare. tleman from Texas (Mr. ARMEY) per- son, my chief of staff. Brian and I had Mr. Chairman, I yield back the bal- formed in stewarding the President’s the extraordinary opportunity in the ance of my time. plan through the Select Committee on years 1987, 1988 as a couple of green Mr. ARMEY. Mr. Chairman, I move Homeland Security process. horns to earn some spurs around here to strike the last word. Mr. Chairman, the majority leader over this thing called base closing. We Mr. Chairman, at this time I yield to was fair, he was open to constructive have been working together on so the gentleman from Texas (Mr. ideas, even-tempered, and generous to many products since, and now we come DELAY), the distinguished whip, and a the minority. He was a true leader in to a parting for us. Brian is moving on, member of the Select Committee on the best sense of the term. Unfortu- I am sure to better things. I will miss Homeland Security. nately, his generosity was not met in him, my friend, my advisor, my part- Mr. DELAY. Mr. Chairman, I thank kind. He was rewarded with a raw divi- ner. the majority leader for yielding me dend of stale partisanship. Brian served as the Select Com- time. I take my hat off to the majority mittee on Homeland Security staff di- Mr. Chairman, we need to move for- leader. I take my hat off to the major- rector, and Paul Morrell as the deputy ward, and we need to move forward to ity leader for accomplishing his mis- staff director. Paul covered everything,

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.179 pfrm17 PsN: H26PT1 H5868 CONGRESSIONAL RECORD — HOUSE July 26, 2002 and I think you all will agree, with I would also like to thank members The vote was taken by electronic de- consideration and charm. of the majority leader staff who vice, and there were—ayes 211, noes 217, Margaret Peterlin served as the Se- pitched in to help. Liz Tobias and Tif- not voting 5, as follows: lect Committee on Homeland Secu- fany Carper who helped to plan, orga- [Roll No. 362] rity’s general counsel, and she has been nize, and implement our grueling days AYES—211 my right-hand man. Margaret worked of hearings and markup. Terry Holt, day and night, and we may have, I say Abercrombie Hall (OH) Oberstar who served double duty on the press Ackerman Harman Obey to my colleagues, we may have owned front, and I do believe helped the Na- Allen Hill Olver the days around here, but Margaret tion to see and appreciate what it is we Andrews Hilliard Ortiz Peterlin owned the nights and she kept were trying to accomplish. Those are Baca Hinchey Ose Baird Hinojosa Owens everything on hand, and everybody en- just a few of the people I might men- Baldacci Hoeffel Pallone joyed working through her good cheer tion. Baldwin Holden Pascrell and her kindness. Let me say what it is I think we tried Barcia Holt Payne Stephen Rademaker, you even to do, all of us working together. The Barrett Honda Pelosi Becerra Hooley Peterson (MN) worked through your birthday, Ste- need for a Select Committee on Home- Berman Hoyer Phelps phen, bless your heart, as the Select land Security to work with the Presi- Berry Inslee Pomeroy Committee on Homeland Security’s dent’s proposal and the 12 committees Blagojevich Israel Price (NC) Blumenauer Jackson (IL) Rahall chief counsel. He came to us from the of jurisdiction and the Members of this Bonior Jackson-Lee Ramstad House Committee on International Re- body to create a Department of home- Borski (TX) Rangel lations and his expertise was out- land defense was born out of one of the Boswell Jefferson Reyes standing, and we now know your se- most horrible moments of terror in the Boucher John Rivers Boyd Johnson (CT) Rodriguez cret, Mr. Chairman, why your com- history of this Nation. Brady (PA) Jones (OH) Roemer mittee produces such quality work. Brown (FL) Kanjorski Ross b 1930 Hugh Halpern served as the Select Brown (OH) Kaptur Rothman Committee on Homeland Security’s It was certainly the most in any of Capito Kelly Roybal-Allard our lifetimes. But we believed that we Capps Kennedy (RI) Rush Parliamentarian. Hugh took a tem- Capuano Kildee Sabo porary leave of duty from the House could rise beyond that. America is a Cardin Kilpatrick Sanchez Committee on Financial Services to great Nation that refuses to have its Carson (IN) Kind (WI) Sanders future and its expectations about its Carson (OK) King (NY) Sandlin serve with the Select Committee on Clay Kolbe Sawyer Homeland Security, and he sat at my future defined by its fears. Clayton Kucinich Schakowsky side through some of the difficult We believe that we have helped to Clement LaFalce Schiff things. I always wondered why the gen- craft a department of this government Clyburn Lampson Scott that will focus the resources of this Condit Langevin Serrano tleman from Ohio (Chairman OXLEY) Conyers Lantos Shays looks so good in committee. I hope I government on our safety and on our Costello Larsen (WA) Sherman look nearly as good. But for the extent security, on the defeat of villainy, so Coyne Larson (CT) Shimkus thoroughly well that this great Nation Cramer Leach Shows to which I may or may not have, it was Crowley Lee Simmons Hugh that made it possible for me to can get back to its business of living by Cummings Levin Skelton not look as bad as I could have. its greatest expectations, its hopes, Davis (CA) Lipinski Slaughter Kim Kotlar served as the senior pro- and dreams. Davis (IL) Lofgren Snyder Should we have done that right, Mr. DeFazio Lowey Solis fessional staff member. Kim came to Delahunt Luther Spratt the Select Committee on Homeland Se- Chairman, we will look back some day DeLauro Lynch Stark curity from the office of one of our and we will say, we had a hand in that, Deutsch Maloney (CT) Strickland and are we not proud? Dicks Maloney (NY) Stupak brightest stars in this Chamber, my Dingell Markey Tanner SEQUENTIAL VOTES POSTPONED IN COMMITTEE good friend, the gentleman from Texas Doggett Mascara Taylor (MS) (Mr. THORNBERRY), long before Sep- OF THE WHOLE Doyle Matsui Thompson (CA) tember 11. The gentleman from Texas The CHAIRMAN pro tempore (Mr. Edwards McCarthy (MO) Thompson (MS) SWEENEY). Pursuant to clause 6 of rule Engel McCarthy (NY) Thune (Mr. THORNBERRY) was on the job on Eshoo McCollum Thurman this deal, and Kim obviously is the XVIII, proceedings will now resume on Etheridge McDermott Tierney brains of that, and she has been so those amendments on which further Evans McGovern Towns sharing with us. proceedings were postponed in the fol- Farr McIntyre Turner lowing order: Amendment 23 offered by Fattah McKinney Udall (NM) Richard Diamond served as the Se- Ferguson McNulty Upton lect Committee on Homeland Secu- the gentleman from Minnesota (Mr. Filner Meeks (NY) Velazquez rity’s Press Secretary. Richard first OBERSTAR); amendment No. 24 offered Ford Menendez Visclosky by the gentlewoman from Illinois (Ms. Fossella Millender- Vitter started in my Texas office, he has done Frank McDonald Waters so many things, but he is, I say to my SCHAKOWSKY); amendment No. 25 of- Frelinghuysen Miller, George Watson (CA) colleagues, the conscience of the con- fered by the gentleman from Virginia Ganske Mink Watt (NC) servative when it comes to basic foun- (Mr. TOM DAVIS); amendment No. 27 of- Gephardt Mollohan Waxman fered by the gentleman from Florida Gonzalez Moore Weiner dation human rights. In my office, Gordon Moran (KS) Wexler Richard is my guy. He is the one that (Mr. WELDON). Graves Murtha Wilson (NM) spots the transgressions and calls them The Chair will reduce to 5 minutes Green (WI) Nadler Woolsey the time for any electronic vote after Grucci Napolitano Wu to my attention. Gutierrez Neal Wynn Joanna Yu overcame an educational the first vote in this series. handicap as a Princeton graduate. Jo- AMENDMENT NO. 23 OFFERED BY MR. OBERSTAR NOES—217 anna has worked so hard as the select The CHAIRMAN pro tempore. The Aderholt Bono Crane staff member providing support to all pending business is the demand for a Akin Boozman Crenshaw Armey Brady (TX) Cubin of our general efforts. recorded vote on the amendment of- Bachus Brown (SC) Culberson Michael Twinchek from the House fered by the gentleman from Minnesota Baker Bryant Cunningham Committee on Resources served as (Mr. OBERSTAR) on which further pro- Ballenger Burr Davis (FL) clerk for the Select Committee on ceedings were postponed and on which Barr Burton Davis, Jo Ann Bartlett Buyer Davis, Tom Homeland Security. Mike kept our the noes prevailed by voice vote. Barton Callahan Deal hearings and markup running smooth- The Clerk will redesignate the Bass Calvert DeGette ly, and proved that it was not just the amendment. Bentsen Camp DeLay The Clerk redesignated the amend- Bereuter Cannon DeMint chairman that knew how to mis- Berkley Cantor Diaz-Balart pronounce a name. ment. Biggert Castle Dooley Will Moschella, as counsel from the RECORDED VOTE Bilirakis Chabot Doolittle Committee on the Judiciary to the Se- The CHAIRMAN pro tempore. A re- Bishop Chambliss Dreier Boehlert Coble Duncan lect Committee on Homeland Security, corded vote has been demanded. Boehner Collins Dunn was a vast resource for us. A recorded vote was ordered. Bonilla Cooksey Ehlers

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.181 pfrm17 PsN: H26PT1 July 26, 2002 CONGRESSIONAL RECORD — HOUSE H5869 Ehrlich Kleczka Rohrabacher The vote was taken by electronic de- Goode LoBiondo Sensenbrenner Emerson Knollenberg Ros-Lehtinen vice, and there were—ayes 188, noes 240, Goodlatte Lucas (KY) Sessions English LaHood Royce Goss Lucas (OK) Shadegg Everett Latham Ryan (WI) not voting 5, as follows: Graham McCrery Shaw Flake LaTourette Ryun (KS) [Roll No. 363] Granger McHugh Shays Fletcher Lewis (CA) Saxton Graves McInnis Sherwood Foley Lewis (GA) Schaffer AYES—188 Green (WI) McIntyre Shimkus Forbes Lewis (KY) Greenwood Schrock Abercrombie Hall (OH) Nadler McKeon Shows Frost Linder Grucci Menendez Shuster Sensenbrenner Ackerman Hastings (FL) Napolitano Gallegly LoBiondo Gutknecht Mica Simmons Sessions Allen Hilliard Neal Gekas Lucas (KY) Hall (TX) Miller, Dan Simpson Shadegg Andrews Hinchey Oberstar Gibbons Lucas (OK) Hansen Miller, Gary Skeen Shaw Baca Hinojosa Gilchrest Manzullo Obey Harman Miller, Jeff Smith (MI) Sherwood Baird Hoeffel Gillmor Matheson Olver Hart Moran (KS) Smith (NJ) Shuster Baldacci Holden Gilman McCrery Ortiz Baldwin Holt Hastings (WA) Moran (VA) Smith (TX) Goode McHugh Simpson Owens Barcia Honda Hayes Murtha Smith (WA) Goodlatte McInnis Skeen Pallone Barrett Hooley Hayworth Myrick Snyder Goss McKeon Smith (MI) Pascrell Becerra Horn Hefley Nethercutt Souder Graham Meek (FL) Smith (NJ) Pastor Bentsen Hostettler Herger Ney Spratt Granger Mica Smith (TX) Paul Berkley Hoyer Hill Northup Stearns Green (TX) Miller, Dan Smith (WA) Payne Berman Inslee Hilleary Norwood Stenholm Greenwood Miller, Gary Souder Pelosi Blagojevich Israel Hobson Nussle Stump Gutknecht Miller, Jeff Stearns Blumenauer Jackson (IL) Petri Hoekstra Osborne Sullivan Hall (TX) Moran (VA) Stenholm Bonior Jackson-Lee Phelps Houghton Ose Sununu Hansen Morella Stump Borski (TX) Pomeroy Hulshof Otter Sweeney Hart Myrick Sullivan Boswell Jefferson Price (NC) Hunter Oxley Tancredo Hastings (FL) Nethercutt Sununu Boucher Johnson, E. B. Rahall Hyde Pence Tanner Hastings (WA) Ney Sweeney Brady (PA) Jones (OH) Rangel Isakson Peterson (MN) Tauzin Hayes Northup Tancredo Brown (FL) Kanjorski Reyes Issa Peterson (PA) Taylor (MS) Hayworth Norwood Tauscher Brown (OH) Kaptur Rivers Istook Pickering Taylor (NC) Hefley Nussle Tauzin Capps Kennedy (RI) Rodriguez Jenkins Pitts Thomas Herger Osborne Taylor (NC) Capuano Kildee Ross John Platts Thornberry Hilleary Otter Terry Cardin Kilpatrick Rothman Johnson (CT) Pombo Thune Hobson Oxley Thomas Carson (IN) Kleczka Roybal-Allard Johnson (IL) Portman Tiahrt Hoekstra Pastor Johnson, Sam Thornberry Carson (OK) Kucinich Rush Pryce (OH) Tiberi Horn Paul Jones (NC) Putnam Toomey Tiahrt Clay LaFalce Sabo Hostettler Pence Keller Quinn Turner Tiberi Clayton Langevin Sanchez Houghton Peterson (PA) Kelly Radanovich Upton Toomey Clement Lantos Sanders Hulshof Petri Kennedy (MN) Ramstad Vitter Clyburn Larsen (WA) Sandlin Hunter Pickering Udall (CO) Condit Larson (CT) Kerns Regula Walden Hyde Pitts Walden Sawyer Conyers Lee Kind (WI) Rehberg Walsh Isakson Platts Walsh Schakowsky Costello Levin King (NY) Reynolds Wamp Issa Pombo Wamp Schiff Coyne Lewis (GA) Kingston Riley Watkins (OK) Istook Portman Watkins (OK) Scott Crowley Lipinski Kirk Roemer Watts (OK) Jenkins Pryce (OH) Watts (OK) Serrano Cummings Lofgren Knollenberg Rogers (KY) Weldon (FL) Johnson (IL) Putnam Weldon (FL) Sherman Davis (CA) Lowey Kolbe Rogers (MI) Weldon (PA) Johnson, E. B. Quinn Weldon (PA) Skelton Davis (FL) Luther LaHood Rohrabacher Weller Johnson, Sam Radanovich Weller Slaughter Davis (IL) Lynch Lampson Ros-Lehtinen Whitfield Jones (NC) Regula Whitfield Solis DeFazio Maloney (CT) Latham Royce Wicker Keller Rehberg Wicker Stark DeGette Maloney (NY) LaTourette Ryan (WI) Wilson (NM) Kennedy (MN) Reynolds Wilson (SC) Strickland Delahunt Manzullo Leach Ryun (KS) Wilson (SC) Kerns Riley Wolf Stupak DeLauro Markey Lewis (CA) Saxton Wolf Kingston Rogers (KY) Young (AK) Tauscher Deutsch Mascara Lewis (KY) Schaffer Young (AK) Kirk Rogers (MI) Thompson (CA) Young (FL) Dingell Matheson Linder Schrock Young (FL) Thompson (MS) NOT VOTING—5 Doggett Matsui NOT VOTING—5 Doyle McCarthy (MO) Thurman Blunt Cox Roukema Edwards McCarthy (NY) Tierney Blunt Meehan Terry Combest Meehan Engel McCollum Towns Combest Roukema Eshoo McDermott Udall (CO) b 1958 Etheridge McGovern Udall (NM) b 2007 Velazquez Evans McKinney So the amendment was agreed to. Messrs. HEFLEY, HUNTER, HOB- Farr McNulty Visclosky SON, REGULA, KENNEDY of Min- Fattah Meek (FL) Waters The result of the vote was announced nesota, and SCHAFFER changed their Filner Meeks (NY) Watson (CA) as above recorded. Frank Millender- Watt (NC) vote from ‘‘aye’’ to ‘‘no.’’ AMENDMENT NO. 25 OFFERED BY MR. TOM DAVIS Frost McDonald Waxman Messrs. ROEMER, HILL, and WYNN, Gephardt Miller, George Weiner OF VIRGINIA and Ms. MILLENDER-MCDONALD Gonzalez Mink Wexler The CHAIRMAN pro tempore. The changed their vote from ‘‘no’’ to ‘‘aye.’’ Gordon Mollohan Woolsey pending business is the demand for a Green (TX) Moore Wu So the amendment was rejected. Gutierrez Morella Wynn recorded vote on the amendment of- The result of the vote was announced fered by the gentleman from Virginia as above recorded. NOES—240 (Mr. TOM DAVIS) on which further pro- AMENDMENT NO. 24 OFFERED BY MS. Aderholt Buyer Dicks ceedings were postponed and on which Akin Callahan Dooley SCHAKOWSKY the ayes prevailed by voice vote. Armey Calvert Doolittle The CHAIRMAN pro tempore (Mr. Bachus Camp Dreier The Clerk will redesignate the SWEENEY). The pending business is the Baker Cannon Duncan amendment. demand for a recorded vote on the Ballenger Cantor Dunn The Clerk redesignated the amend- Barr Capito Ehlers amendment No. 24 offered by the gen- Bartlett Castle Ehrlich ment. tlewoman from Illinois (Ms. Barton Chabot Emerson RECORDED VOTE SCHAKOWSKY) on which further pro- Bass Chambliss English The CHAIRMAN pro tempore. A re- Bereuter Coble Everett ceedings were postponed and on which Berry Collins Ferguson corded vote has been demanded. the noes prevailed by voice vote. Biggert Cooksey Flake A recorded vote was ordered. The Clerk will redesignate the Bilirakis Cox Fletcher The CHAIRMAN pro tempore. This amendment. Bishop Cramer Foley Boehlert Crane Forbes will be a 5-minute vote. The Clerk redesignated the amend- Boehner Crenshaw Ford The vote was taken by electronic de- ment. Bonilla Cubin Fossella vice, and there were—ayes 195, noes 233, Bono Culberson Frelinghuysen RECORDED VOTE not voting 5, as follows: Boozman Cunningham Gallegly The CHAIRMAN pro tempore. A re- Boyd Davis, Jo Ann Ganske [Roll No. 364] corded vote has been demanded. Brady (TX) Davis, Tom Gekas AYES—195 A recorded vote was ordered. Brown (SC) Deal Gibbons Bryant DeLay Gilchrest Aderholt Baker Bartlett The CHAIRMAN pro tempore. This Burr DeMint Gillmor Akin Ballenger Barton will be a 5-minute vote. Burton Diaz-Balart Gilman Armey Barr Bass

VerDate Jul 25 2002 04:35 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.054 pfrm17 PsN: H26PT1 H5870 CONGRESSIONAL RECORD — HOUSE July 26, 2002 Bereuter Grucci Pickering Kanjorski Miller, Jeff Schakowsky Ehlers Johnson (IL) Rogers (MI) Biggert Hall (TX) Pitts Kaptur Mink Schiff Ehrlich Johnson, Sam Rohrabacher Bilirakis Hansen Pombo Kennedy (RI) Mollohan Scott Emerson Jones (NC) Ryun (KS) Boehlert Hart Portman Kerns Moore Serrano Everett Keller Schaffer Boehner Hastings (FL) Putnam Kildee Moran (KS) Sherman Fletcher Kelly Sensenbrenner Bonilla Hastings (WA) Quinn Kilpatrick Morella Shows Forbes Kennedy (MN) Sessions Bono Hayes Radanovich Kirk Murtha Slaughter Fossella Kerns Shadegg Boozman Hayworth Ramstad Kleczka Nadler Smith (NJ) Gallegly King (NY) Shimkus Kucinich Napolitano Boucher Hefley Regula Smith (WA) Gilchrest Kingston Shows Brady (TX) Herger Rehberg LaFalce Neal Gillmor Lewis (KY) Snyder Shuster Brown (SC) Hobson Reynolds Lampson Oberstar Goode Lofgren Solis Smith (TX) Burton Houghton Riley Langevin Obey Goodlatte Lucas (OK) Stearns Buyer Hulshof Rogers (KY) Lantos Olver Spratt Granger Maloney (CT) Callahan Hunter Rogers (MI) Larsen (WA) Ortiz Stark Graves Manzullo Sullivan Calvert Hyde Rohrabacher Larson (CT) Owens Strickland Green (WI) McInnis Sweeney Camp Isakson Ros-Lehtinen Leach Pallone Stupak Grucci Miller, Jeff Tancredo Cannon Issa Royce Lee Pascrell Tanner Gutknecht Moran (KS) Tauzin Cantor Istook Saxton Levin Pastor Tauscher Hall (TX) Myrick Taylor (MS) Castle Jenkins Schrock Lewis (GA) Paul Tauzin Hansen Northup Thune Chambliss John Sensenbrenner Linder Payne Taylor (MS) Harman Norwood Tiahrt Coble Johnson (CT) Sessions Lipinski Pelosi Taylor (NC) Hayworth Ose Upton Collins Johnson (IL) Shadegg Lofgren Petri Thomas Hefley Paul Vitter Condit Johnson, Sam Shaw Lowey Phelps Thompson (CA) Hilleary Pence Wamp Cooksey Keller Shays Luther Platts Thompson (MS) Hobson Pickering Watkins (OK) Cox Kelly Sherwood Lynch Pomeroy Thune Hostettler Pitts Weiner Cramer Kennedy (MN) Shimkus Maloney (CT) Price (NC) Thurman Hulshof Platts Weldon (FL) Crane Kind (WI) Shuster Maloney (NY) Pryce (OH) Tierney Hunter Pombo Weldon (PA) Crenshaw Markey Rahall Isakson King (NY) Simmons Toomey Putnam Weller Cubin Kingston Simpson Mascara Reyes Israel Ramstad Towns Wicker Culberson Knollenberg Skeen Matheson Rivers Istook Riley Udall (CO) Wilson (SC) Cunningham Kolbe Skelton Matsui Rodriguez Jenkins Rogers (KY) Udall (NM) Davis, Jo Ann LaHood Smith (MI) McCarthy (MO) Roemer Velazquez Davis, Tom Latham Smith (TX) McCarthy (NY) Ross Visclosky NOES—309 Deal LaTourette Souder McCollum Rothman Waters DeLay Lewis (CA) Stearns McDermott Roybal-Allard Abercrombie Davis, Jo Ann Jackson-Lee DeMint Lewis (KY) Stenholm McGovern Rush Watson (CA) Ackerman Davis, Tom (TX) Diaz-Balart LoBiondo Stump McKinney Ryan (WI) Watt (NC) Akin DeGette Jefferson Dooley Lucas (KY) Sullivan McNulty Ryun (KS) Waxman Allen Delahunt John Doolittle Lucas (OK) Sununu Meek (FL) Sabo Weiner Andrews DeLauro Johnson (CT) Dreier Manzullo Sweeney Meeks (NY) Sanchez Weldon (PA) Armey Deutsch Johnson, E. B. Duncan McCrery Tancredo Menendez Sanders Wexler Baca Diaz-Balart Jones (OH) Dunn McHugh Terry Millender- Sandlin Woolsey Bachus Dicks Kanjorski Ehlers McInnis Thornberry McDonald Sawyer Wu Baird Dingell Kaptur Ehrlich McIntyre Tiahrt Miller, George Schaffer Wynn Baldacci Doggett Kennedy (RI) Emerson McKeon Tiberi Baldwin Dooley Kildee English Mica Turner NOT VOTING—5 Ballenger Doyle Kilpatrick Everett Miller, Dan Upton Blunt Meehan Roukema Barcia Dreier Kind (WI) Foley Miller, Gary Vitter Combest Rangel Barrett Dunn Kirk Forbes Moran (VA) Walden Bass Edwards Kleczka Becerra Knollenberg Frelinghuysen Myrick Walsh b 2015 Engel Gallegly Nethercutt Wamp Bentsen English Kolbe Gekas Ney Watkins (OK) Mr. TURNER, Mr. FOSSELLA, and Bereuter Eshoo Kucinich Berkley LaFalce Gibbons Northup Watts (OK) Mr. ADERHOLT changed their vote Etheridge Gilchrest Norwood Weldon (FL) Berman Evans LaHood Gillmor Nussle Weller from ‘‘no’’ to ‘‘aye.’’ Berry Farr Lampson Gilman Osborne Whitfield So the amendment was rejected. Biggert Fattah Langevin Goode Ose Wicker The result of the vote was announced Bishop Ferguson Lantos Goodlatte Otter Wilson (NM) Blagojevich Filner Larsen (WA) as above recorded. Blumenauer Larson (CT) Goss Oxley Wilson (SC) Flake Boehlert Latham Graham Pence Wolf AMENDMENT 27 BY MR. WELDON OF FLORIDA Foley Boehner LaTourette Graves Peterson (MN) Young (AK) Ford The CHAIRMAN pro tempore (Mr. Bonior Leach Greenwood Peterson (PA) Young (FL) Frank SWEENEY). The pending business is the Bono Lee Frelinghuysen Boozman Levin NOES—233 demand for a recorded vote on the Frost Borski Lewis (CA) Ganske Abercrombie Clay Frost amendment offered by the gentleman Boswell Lewis (GA) Gekas Ackerman Clayton Ganske from Florida (Mr. WELDON) on which Boucher Linder Gephardt Allen Clement Gephardt Boyd LoBiondo further proceedings were postponed and Gibbons Andrews Clyburn Gonzalez Brady (PA) Lowey on which the noes prevailed by voice Gilman Baca Conyers Gordon Brown (FL) Lucas (KY) Bachus Costello Granger vote. Brown (OH) Gonzalez Luther Baird Coyne Green (TX) The Clerk will redesignate the Burr Gordon Lynch Baldacci Crowley Green (WI) amendment. Callahan Goss Maloney (NY) Baldwin Cummings Gutierrez Cannon Graham Markey Barcia Davis (CA) Gutknecht The Clerk redesignated the amend- Cantor Green (TX) Mascara Barrett Davis (FL) Hall (OH) ment. Capito Greenwood Matheson Gutierrez Becerra Davis (IL) Harman RECORDED VOTE Capps Matsui Bentsen DeFazio Hill Capuano Hall (OH) McCarthy (MO) Berkley DeGette Hilleary The CHAIRMAN pro tempore. A re- Cardin Hart McCarthy (NY) Berman Delahunt Hilliard corded vote has been demanded. Carson (IN) Hastings (FL) McCollum Berry DeLauro Hinchey A recorded vote was ordered. Carson (OK) Hastings (WA) McCrery Bishop Deutsch Hinojosa Chabot Hayes McDermott Blagojevich Dicks Hoeffel The CHAIRMAN pro tempore. This Chambliss Herger McGovern Blumenauer Dingell Hoekstra will be a 5-minute vote. Clay Hill McHugh Bonior Doggett Holden The vote was taken by electronic de- Clayton Hilliard McIntyre Borski Doyle Holt vice, and there were—ayes 118, noes 309, Clement Hinchey McKeon Boswell Edwards Honda Clyburn Hinojosa McKinney Boyd Engel Hooley not voting 6, as follows: Collins Hoeffel McNulty Brady (PA) Eshoo Horn [Roll No. 365] Condit Hoekstra Meek (FL) Brown (FL) Etheridge Hostettler Conyers Holden Meeks (NY) Brown (OH) Evans Hoyer AYES—118 Costello Holt Menendez Bryant Farr Inslee Aderholt Bryant Cubin Cox Honda Mica Burr Fattah Israel Baker Burton Culberson Coyne Hooley Millender- Capito Ferguson Jackson (IL) Barr Buyer Cunningham Cramer Horn McDonald Capps Filner Jackson-Lee Bartlett Calvert Deal Crenshaw Houghton Miller, Dan Capuano Flake (TX) Barton Camp DeFazio Crowley Hoyer Miller, Gary Cardin Fletcher Jefferson Bilirakis Castle DeLay Cummings Hyde Miller, George Carson (IN) Ford Johnson, E. B. Bonilla Coble DeMint Davis (CA) Inslee Mink Carson (OK) Fossella Jones (NC) Brady (TX) Cooksey Doolittle Davis (FL) Issa Mollohan Chabot Frank Jones (OH) Brown (SC) Crane Duncan Davis (IL) Jackson (IL) Moore

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.055 pfrm17 PsN: H26PT1 July 26, 2002 CONGRESSIONAL RECORD — HOUSE H5871 Moran (VA) Rivers Stenholm But the reason I rise is that the gen- may be in contrast to what the inten- Morella Rodriguez Strickland Murtha Roemer Stump tleman from Kentucky offered an tions are here, and that is why I think Nadler Ros-Lehtinen Stupak amendment last night which I am con- the question is being raised at this Napolitano Ross Sununu cerned about. I am concerned that it point. Neal Rothman Tanner involves posse comitatus. We are al- Nethercutt Roybal-Allard Tauscher b 2030 Ney Royce Taylor (NC) lowing the military to get involved in Nussle Rush Terry civilian affairs. I worry that even the Mr. MURTHA. Mr. Chairman, I yield Oberstar Ryan (WI) Thomas Germans had the Gestapo picking peo- myself the balance of my time. Obey Sabo Thompson (CA) ple up; I worry that the Russians had I am willing to withdraw or not ask Olver Sanchez Thompson (MS) for a revote after we hear the expla- Ortiz Sanders Thornberry their special agency picking people up; Osborne Sandlin Thurman and I am worried that this amendment nation from the gentleman from Ken- Otter Sawyer Tiberi would delegate to an unelected official tucky (Mr. ROGERS). Owens Saxton Tierney Mr. ROGERS of Kentucky. Mr. Chair- Oxley Schakowsky Toomey the ability to have police authority. Pallone Schiff Towns Now, after talking to the gentleman man, I claim the time in opposition. Pascrell Schrock Turner from Kentucky (Mr. ROGERS), he and I The CHAIRMAN pro tempore (Mr. Pastor Scott Udall (CO) talked about it, and I want him to put SWEENEY). The gentleman from Ken- Payne Serrano Udall (NM) tucky (Mr. ROGERS) is recognized for 5 Pelosi Shaw Velazquez on the RECORD, so that we understand, Peterson (MN) Shays Visclosky the concerns that he has, but I first minutes. Peterson (PA) Sherman Walden have a couple of people who want to Mr. ROGERS of Kentucky. Mr. Chair- Petri Sherwood Walsh speak. man, I yield myself such time as I may Phelps Simmons Watson (CA) consume. Pomeroy Simpson Watt (NC) Mr. KUCINICH. Mr. Chairman, will Portman Skeen Watts (OK) the gentleman yield? Mr. Chairman, this amendment sim- Price (NC) Skelton Waxman Mr. MURTHA. I yield to the gen- ply tries to use the template, the Pryce (OH) Slaughter Wexler model, of the Nation’s drug interdic- Quinn Smith (MI) Whitfield tleman from Ohio. Radanovich Smith (NJ) Wilson (NM) Mr. KUCINICH. Mr. Chairman, the tion program which is coordinated in Rahall Smith (WA) Wolf concerns that some of us have had is two different places, in Key West, Flor- Rangel Snyder Woolsey that the amendment that was passed ida, for the east side, South America, Regula Solis Wu and the Caribbean, and Alameda, Cali- Rehberg Souder Wynn by the House would open up the possi- Reyes Spratt Young (AK) bility for the military to be empowered fornia, for the West Coast, Mexico and Reynolds Stark Young (FL) to act as a domestic police force and South America. NOT VOTING—6 would be a clear invitation to put the These centers are under no one’s command. These are voluntary, gov- Blunt Lipinski Roukema Posse Comitatus Act at risk. Combest Meehan Waters The American constitutional experi- ernmental agencies that cooperate to- gether in those centers under a memo- b 2023 ence has required the separation of the military from domestic police author- randum of understanding. It is not con- Mrs. KELLY changed her vote from ity. Countries where the military has trolled by anyone. Yet in those centers, ‘‘no’’ to ‘‘aye.’’ the power to act as a domestic police and I recommend that Members visit So the amendment was rejected. force include dictatorships and totali- them, we see the Nation’s military, our The result of the vote was announced tarian regimes. I think many of us be- civilian agencies, our intelligence as above recorded. lieve the Federal military is no sub- agencies, in a boiler-room operation, PREFERENTIAL MOTION OFFERED BY MR. stitute for civilian police authority. all working 24 hours a day, 7 seven days MURTHA Now, notwithstanding that the un- a week, receiving intelligence from all Mr. MURTHA. Mr. Chairman, I offer derlying bill contains language re- sorts of places, and then acting on it a preferential motion. affirming the posse comitatus, I think with whatever resource may be avail- The Clerk read as follows: many of us in this Chamber are famil- able from whatever agency of the gov- Mr. MURTHA moves that the Committee iar with statements by some high- ernment that may be on the scene. do now rise and report the bill back to the ranking administration officials indi- Now, they recognize posse comitatus; House with the recommendation that the en- cating a strong interest in employing military is only used offshore. If there acting clause be stricken. the military in a domestic police force is a domestic or civilian aspect of what The CHAIRMAN pro tempore. The setting. So that is what causes our con- they do, they turn to the proper domes- gentleman from Pennsylvania (Mr. cern to arise here and why we bring tic civilian authorities, the sheriffs, MURTHA) is recognized for 5 minutes in this matter to the House. the police departments, and so on. So support of his motion. Mr. Chairman, I want to thank the there is a high recognition of posse Mr. MURTHA. Mr. Chairman, let me gentleman from Pennsylvania for al- comitatus there. This amendment re- explain the problem. Last night, as my lowing this opportunity for this discus- quires if the secretary sets up such an colleagues are aware, in my district we sion. operation, that he must model it after had a mine incident where we have Mr. ABERCROMBIE. Mr. Chairman, those models that I mentioned, which nine miners trapped. The gentleman will the gentleman yield? recognize posse comitatus. from Kentucky (Mr. ROGERS) offered an Mr. MURTHA. I yield to the gen- Number two, the underlying bill in amendment which I was interested in tleman from Hawaii. the manager’s amendment reaffirmed and was concerned about and was not Mr. ABERCROMBIE. Mr. Chairman, that we are operating under posse com- able to talk about because of the work no one doubts for a moment the moti- itatus. That we cannot violate in the we were doing with the mine rescue ef- vation of the gentleman from Ken- bill posse comitatus. All civil liberties fort. tucky (Mr. ROGERS). No one doubts the are completely protected under this Just to report to the Members, the desire of the body to move forward in amendment. The amendment grants no drill bit broke, as many saw on TV, and this area, not just with dispatch but new authorities or powers to the com- we are trying to drill another hole. The with a focus that will accomplish the ponents of the proposed task force, rec- shafts are big and it is very, very dif- task. ognizing the existing Posse Comitatus ficult. We have not heard anything for The problem I think that we have is Act. over a day and a half. We have gone as that some of this has been debated, in- Number two, we wrote this amend- far as 5 days, but the water, we are cluding this amendment, in a late ment so it is even permissive. We do pumping the water out and hot air in hour, without much opportunity for ex- not direct the Secretary to do this. He and doing everything we can. change between the Members. The may if he chooses; but if he does, he There has been marvelous coopera- plain fact is that those of us on the must recognize posse comitatus. If tion with the Federal Government, the Committee on Armed Services know Members believe that the war against State government, the local commis- there are some folks, perhaps in the foreign terrorism must be coordinated, sioners, and my guy has been out there Pentagon and elsewhere, who have a then Members should be for this. There for 2 straight days. So we are hopeful. separate political agenda on this which is no better model that we have than

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00079 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.057 pfrm17 PsN: H26PT1 H5872 CONGRESSIONAL RECORD — HOUSE July 26, 2002 what exists in Key West and Alameda, partisan differences and vote in favor of this ury, while transferring law enforcement and which can easily be transferred if the legislation. trade responsibilities exercised by the existing secretary deems necessary to the fight Mr. KOLBE. Mr. Chairman, I rise in strong Customs Service to the Department of Home- against foreign terrorism. support of the Homeland Security Act. land Security. However, we must not diminish Mr. Chairman, I appreciate the con- The Select Committee on Homeland Secu- the capability of the Customs Service to carry cerns of the gentlemen who have ex- rity and the other Committees, recognizing the out its diverse missions. Trade responsibilities pressed interest. It is too bad we had to gravity of this matter, have moved swiftly to of Customs should be separated from the en- debate this last night at 12:30 or 1 in bring this legislation to the Floor. But they forcement activities. Activities that should re- the morning. We had 5 minutes, and it have given adequate consideration for the main at the Department of Treasury or be was too bad that the gentleman was many different points of view about the legisla- shifted to the U.S. Trade Representative’s of- busy in his home district in Pennsyl- tion. One of the guiding principles of the Se- fice include: rulings; legal determinations and vania. If the gentleman has questions lect Committee is that there should be no guidelines relating to classification and value about it, I will be happy to answer by greater priority than defending the promise of of merchandise; and the responsibility for whatever means the gentleman deems America and that individual liberty and per- identifying and planning for major trade issues. necessary. sonal safety come before bureaucratic regula- Trade is a critical component of the U.S. The CHAIRMAN pro tempore. The tions, rules and red tape. I could not agree economy. The flow of imports and exports question is on the motion offered by more. contribute enormously to our economic growth the gentleman from Pennsylvania (Mr. I represent the people of southeastern Ari- as well as that of the global economy. We MURTHA). zona, an area of the country that borders Mex- should not assign purely commercial decision The motion was rejected. ico and has considerable experience with bor- making responsibilities to the new Homeland Mr. OXLEY. Mr. Chairman, I rise today in der security needs. We have been struggling Security Department. It will have neither the strong support of H.R. 5005 and the hard work for years to reform and improve the coordina- mission nor the core competency to perform of the Select Committee on Homeland Secu- tion and effectiveness of federal law enforce- that role adequately. Nonetheless, it should be rity. By creating the Department of Homeland ment efforts along the southwest border. obvious that the Department of Homeland Se- Security we will send a clear message to the During the debate on reorganizing the INS curity will perform a host of front line enforce- world that the United States will not sit idly by earlier this year, I hoped to offer my legislation ment responsibilities that in fact will intersect while our enemies plot against us. It is critical implementing the Jordan Commission’s rec- with commercial or trade related spheres. This that we quickly approve this measure in order ommendation to separate the two divergent is a delicate balancing act, and we’re not quite to ensure that the President has the tools nec- functions within the INS—immigration services there with this bill. essary to protect our citizens from evil acts and benefits, but I was not provided the op- This legislation to create a new Homeland perpetrated by those who hate our free and portunity to offer this substitute. The bill before Security Department comes as close to solv- open society. us today does include this fundamental re- ing our illegal immigration border woes as The creation of a Department of Homeland structuring the INS by placing enforcement could be done without a comprehensive over- Security is a logical and necessary step. functions within the new Department of Home- haul of our immigration policies. I enthusiasti- There are over 100 different federal agencies land Security and leaving the immigration cally support this bill. I believe it will have a which are charged with protection of our bor- services functions in a different Cabinet-level positive impact on southern Arizona and the ders. By consolidating this collection of bu- department—the Department of Justice. Al- entire nation in the years to come. reaucracies into one agency, we will eliminate though I would go further by consolidating all I urge my colleagues to support this legisla- duplication of effort and conserve resources. the immigration services that are shared by tion. As Chairman of the Financial Services Com- the Department of Justice and the Department Mr. DREIER. Mr. Chairman, in creating a mittee, I have reviewed the Committee’s juris- of State, this bill does most of what I proposed new Department of Homeland Security, the diction over three programs within the Federal and is needed to make our immigration sys- House of Representatives is considering legis- Emergency Management Agency that would tem work. lation which realigns the federal government in become the responsibility of the new depart- Some have argued in the past that the two order to properly address a new threat. This ment. These programs are: the National Flood functions—enforcement and services—are bill promotes security, integrates new solutions Insurance Programs, the Defense Production complementary and must be coordinated by a to address new threats, recognizes the value Act, and the Emergency Food and Shelter single government official. But this concept and service of first responders, and defines Program. FEMA’s mission is to prevent, pre- was tried for decades through a failed experi- clear lines of government authority. pare for, respond to and recover from disas- ment known as the INS, and has caused great The primary mission of this new department ters of all types. The Financial Services Com- harm to America. We cannot make the same will be the prevention of terrorist attacks within mittee believes that FEMA’s expertise in con- mistake again. The price is too high as we the United States, to reduce America’s vulner- sequence management is critical to the func- wage our war on terrorism. ability to terrorism, and to minimize the dam- tion of the proposed Office of Homeland Secu- As we create this new Cabinet department, age and recover from attacks that may occur. rity and that all of these programs should re- we must give the highest priority to ensuring In carrying out this mission, the Department of main within FEMA at this time. that the responsibilities given to the Undersec- Homeland Security must be equipped with the I commend the Committee’s proposal to retary for Border and Transportation are not proper expertise available in the various gov- move the United States Secret Service to the assigned based simply on the current struc- ernment agencies which currently perform the new Department and maintain it as a ‘‘distinct ture of the affected bureaucracies. The various functions of border security, emergency pre- entity’’ outside the four major jurisdictional cyl- agents and inspectors at a port-of-entry today, paredness and response, information analysis, inders established under the new Secretary. such as Customs officials, INS officials, Trans- and infrastructure protection. The long dual-role history of the Service—in- portation officials, and Agriculture officials, In all of this, the focus must remain the vestigation and protective—combined with its should all be ‘‘Homeland Security officials’’ basic protection of our neighborhoods and more recently developed expertise in pre- with the same management, same uniform, communities from the threat of terrorism. On venting and investigating cyber crimes, and its same communication and information net- the front lines of that effort are first respond- core mission of protecting the financial system works, and the same policies and guidelines. ers—local law enforcement, firefighters, res- of the United States make the Secret Service We should not maintain the current bureauc- cue workers, and emergency response teams. uniquely suited to draw from and augment the racies separately within the new Bureau for This bill establishes a National Council of First work of the other component agencies of the Border and Transportation Security. It is es- Responders charged with the responsibility to new Department. sential that all these border functions be fully provide first responder best practices, latest Mr. Chairman, I would like to thank the Ma- consolidated under the same, seamless man- technological advances, identify emerging jority Leader and the other Members of the agement structure. Of course, the consolida- threats to first responders, and identify needed Select Committee for all their efforts in crafting tion of the many agencies along the border improvements for first response techniques, this bill. The creation of this new department will take time, but the bill before us today training, communication, and coordination. will be reflected in the history of our Nation as moves us significantly towards this vision. With this emphasis on improving first re- occurring at a time when Americans joined to- Finally, I am pleased that the Select Com- sponder capabilities, we must not ignore the gether in a unified fight against terrorism and mittee on Homeland Security’s recommenda- integral role of our local governments in the against those who seek to suppress freedom. tion would keep the statutory authority for rev- ability of first responders to succeed in their I strongly urge my colleagues to cast aside enue collecting with the Department of Treas- mission. Local governments have already

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00080 Fmt 4634 Sfmt 9920 E:\CR\FM\K26JY7.192 pfrm17 PsN: H26PT1 July 26, 2002 CONGRESSIONAL RECORD — HOUSE H5873 dedicated millions of dollars on increased se- ation of the Transporting Security Agency, and ing MH–68A fleet. However, a very serious curity, preparedness, and emergency re- take counsel on what happens when we rush problem remains. The lease on the existing sponse costs since September 11. Cities and headlong into something, without proper fore- HITRON fleet expires this January 2003. It will counties have upgraded security at key public thought and expert input. be five years before new multipurpose heli- facilities, enhanced information technology and Our homeland Defense is too important to copters are introduced. I am extremely worried communications systems, and improved local give it such short shrift in our deliberations. As that there could be an interruption in this pro- bioterrorism response capabilities. we have done time and time again since Sep- gram. Mr. Coble and I called on the Coast Congress approved the Fiscal Year 2002 tember 11th, we are throwing everything at the Guard to extend the lease of eight or more Emergency Supplemental Appropriations bill problem, hoping that something will stick and MH–68A helicopters for five years or until a this week, which includes $151 million in be effective. That is no way to lead. permanent Deepwater multipurpose helicopter grants to first responders. In providing this fed- Because caution, due diligence, and respect is fully operational and in the Coast Guard eral assistance, I requested consideration of for process has already been called for by DeepWater inventory. An independent, but local input regarding the application of federal many on my side of the aisle, I know that this identical request for a five year lease exten- first responder grants. In response, the bill re- plea will also fall on deaf ears, but neverthe- sion was made by Congressman Bob Filner quires state strategic plans for terrorism re- less, I am asking the leadership of this body, on June 28. sponse to fully consult local governments. to stop this rush to meet an unnecessary and Last week, on July 17, the ICGS group pre- While this provides a good first step in inte- unwise deadline. The people of this country sented its findings to the Coast Guard. It rec- grating our local governments, we must keep don’t want a sound bite or photo-op, they want ommended a USCG-Industry team evaluate the application of resources for first respond- real leadership from us, and they want real the trade offs between a single mission and ers a top legislative priority. homeland security. multi-mission helicopter for drug interdiction. In order to successfully secure our commu- Mr. BORSKI. Mr. Chairman, I would like to ICGS selected the Bell/Agusta Aerospace nities and provide effective emergency re- take this opportunity during debate on H.R. Company’s AB–139 as the multi-mission air- sponse, it is critical that local governments are 5005 to apprise my colleagues of a Coast craft. Consistent with the request made by Mr. integrally involved in the National Council of Guard issue that, if not properly addressed, Coble, Mr. Filner and myself, ICGS rec- First Responders, and in any regional strategic will have serious consequences on our ability ommended an extension of the MH–68A lease for up to five years. planning for terrorism response. Most impor- to defend our homeland. As the Coast Guard Mr. Chairman, Mr. Speaker, I urge the tantly, local governments must be given the is to be transferred to the Department of Coast Guard to adopt the recommendation of Homeland Defense under this Act, the subject opportunity to directly access available re- the ICGS to extend the MH–68A lease up to is most relevant to today’s debate. sources. The task at hand is too critical to 5-years to get us from here to there. I also allow funding and other assistance to be swal- The Coast Guard recently launched a new mission known as HITRON. A combination of support specific funding to provide more pro- lowed up by bureaucracy, or hijacked to mask tection for the crews of these helicopters. I deficits. Local governments are in the best po- ships, boats and helicopters pursue drug run- ners in fast boats. Following a competition in hope my colleagues will join my efforts to en- sition to understand what the first responders sure that there is no interruption in this vital 2000, the Coast Guard leased 8 MH–68A heli- in their community need and must remain inte- homeland security program, and to secure the copters as a part of a new mission to dramati- grally involved in determining the allocation of resources necessary to add further protection cally improve the nation’s ability to interdict resources. for our brave pilots and crew who have al- drug traffickers. The helicopters fleet became I strongly support H.R. 5005 and commend ready done so much. the various committees of jurisdiction that de- fully operational this winter and has had a 100 Mr. PAUL. Mr. Chairman, the move to cre- liberatively and expediously contributed to the percent interdiction success rate with 13 ate a federal Department of Homeland Secu- creation of the new Department of Homeland chases, 13 busts and a seizure of cocaine and rity was initiated in response to the terrorist at- Security. I also applaud the leadership of the marijuana valued at nearly $2.4 billion. Thus tacks of September 11 and subsequent rev- Select Committee on Homeland Security, with- the mission is proven, the effectiveness of the elations regarding bureaucratic bungling and out which we may not have had the oppor- helicopter is proven and HITRON has been ineptness related to those attacks. Leaving tunity to enact this historic legislation. made permanent by the Commandant. aside other policy initiatives that may be more Mrs. CHRISTENSEN. Mr. Chairman, I rise On April 26, Congressman Howard Coble successful in reducing the threat of future ter- as a staunch supporter of homeland defense, and I led 39 Members of Congress in a re- ror attacks, I believe the President was well- but in strong opposition to H.R. 5005, the quest to the Appropriations Committee to pro- intentioned in suggesting that a streamlining of Homeland Defense Bill. vide the Coast Guard with plus-up funding of functions might be helpful. This bill is seriously flawed in many areas, $60 million the purpose of purchasing 8 MH– Mr. Speaker, as many commentators have and several of its measures would undermine 68A helicopters currently under short-term pointed out, the creation of this new depart- civil liberties and deny work protections, while lease to the Coast Guard, plus 4 additional ment represents the largest reorganization of protecting contractors who could supply helicopters. We believe buying the helicopters federal agencies since the creation of the De- flawed, even deadly products. would be a better investment than a continu- partment of Defense in 1947. Unfortunately, Overall, the bill as currently constructed, ation of leasing arrangements. Leasing is an the process by which we are creating this new would in my opinion put us more at risk than expensive alternative to purchase. department bears little resemblance to the we are now, or was in September 10, 2001. Mr. Coble and I kept the Coast Guard Com- process by which the Defense Department While the leadership sought input from the mandant and staff informed of our every step was created. Congress began hearings on the relevant committees in writing the bill, in the while we worked with the appropriations and proposed department of defense in 1945—two end that process turned out to be no more authorization processes. On May 7, I met with years before President Truman signed legisla- than a sham. As they have done time and representatives of the Commandant led by Ad- tion creating the new Department into law! De- time again, the regular order, processes that miral Harvey Johnson. Admiral Johnson in- spite the lengthy deliberative process through have served this body and our country well for formed me that while the helicopter was per- which Congress created the new department, over 200 years have been cast aside. That forming well; the Coast Guard did not want to turf battles and logistical problems continued sets a dangerous precedent, and does nothing make a purchase at this time. The reason is to bedeviled the military establishment, requir- to ensure expert input into a very complex bill the Coast Guard was evaluating the option of ing several corrective pieces of legislation. In and agency. deploying a ‘‘multi-mission’’ aircraft which fact, Mr. Speaker, the Goldwater-Nicholas De- I am particularly concerned about the rush would have drug interdiction capability as a partment of Defense Reorganization Act of to create headlines by having the bill ready on part of the Deep Water modernization pro- 1986 (PL 99–433) was passed to deal with September 11th of this year. There can be no gram. The USCG was awaiting a rec- problems stemming from the 1947 law! The other reason. ommendation from the newly selected Inte- experience with the Department of Defense This is a massive undertaking, and reorga- grated Coast Guard Systems group (ICGS), certainly suggests the importance of a more nization. It needs to be well thought out, and which is led by Lockheed and Northrop Grum- deliberative process in the creation of this new planned. Personally, I do not feel that the man. agency. merging of the different agencies is at all nec- Congressman Coble and I responded to the This current proposed legislation suggest essary, and jeopardizes the other important Coast Guard that we understood the interest that merging 22 government agencies and de- functions of many of them. in a multi capability aircraft, and did not want partments—compromising nearly 200,000 fed- We should look at the difficulties encoun- to foreclose the Coast Guard option through a eral employees—into one department will ad- tered with a much smaller project—the cre- congressional mandate to purchase the exist- dress our current vulnerabilities. I do not see

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00081 Fmt 4634 Sfmt 9920 E:\CR\FM\A26JY7.226 pfrm17 PsN: H26PT1 H5874 CONGRESSIONAL RECORD — HOUSE July 26, 2002 how this can be the case. If we are presently range deck chairs and give big spenders yet haps more accurately office chairs in various under terrorist threat, it seems to me that turn- another department on which to lavish pork- bureaucracies. Until we are prepared to have ing 22 agencies upside down, sparking scores barrel spending. The way the costs of this de- serious and frank discussions of policy this of turf wars and creating massive logistical partment have skyrocketed before the Depart- body will not improve the security of American and technological headaches—does anyone ment is even open for business leads me to citizens and their property. I stand ready to really believe that even simple things like com- fear that this will become yet another justifica- have that debate, but unfortunately this bill puter and telephone networks will be up and tion for Congress to raid the social security does nothing to begin the debate and nothing running in the short term?—is hardly the way trust fund in order to finance pork-barrel substantive to protect us. At best it will provide to maintain the readiness and focus necessary spending. This is especially true in light of the an illusion of security, and at worst these un- to defend the United States. What about fact that so many questions remain regarding answered questions will be resolved by the re- vulnerabilities while Americans wait for this the ultimate effect of these structural changes. alization that entities such as the Customs massive new bureaucracy to begin functioning Moreover, this legislation will give the Execu- Service, Coast Guard and INS will be less ef- as a whole even to the levels at which its tive Branch the authority to spend money ap- fective, less efficient, more intrusive and mired component parts were functioning before this propriated by Congress in ways Congress has in more bureaucratic red tape. Therefore, we legislation was taken up? Is this a risk we can not authorized. This clearly erodes Constitu- should not pass this bill today. afford to take? Also, isn’t it a bit ironic that in tionally-mandated Congressional prerogatives Mr. EVANS. Mr. Chairman, I rise in support the name of ‘‘homeland security’’ we seem to relative to control of federal spending. of legislation creating the Department of be consolidating everything except the govern- Recently the House passed a bill allowing Homeland Security. ment agencies most critical to the defense of for the arming of pilots. This was necessary We will never forget the tragic events of the United States: the multitude of intelligence because the Transportation Security Adminis- September 11th. That day truly ushered in a agencies that make up the Intelligence Com- tration (TSA) simply ignored legislation we had new era when we, as a nation, can never take munity? passed previously. TSA is, of course, a key for granted the security of our borders or ter- Mr. Speaker, I come from a Coastal District component of this new department. Do we rorist threats. in Texas. The Coast Guard and its mission really want to grant authority over appropria- If anything, the tragedies that unfolded on are important to us. The chairman of the com- tions to a Department containing an agency that day demonstrated that we have much mittee of jurisdiction over the Coast Guard has that has so brazenly ignored the will of Con- work to do to guarantee the safety of average expressed strong reservations about the plan gress as recently as has the TSA? Americans. There were too many warning to move the Coast Guard into the new depart- In fact, there has been a constant refusal of signs that should have been acted on by our ment. Recently my district was hit by the the bureaucracy to recognize that one of the government. It is clear that there are many flooding in Texas, and we relied upon the Fed- best ways to enhance security is to legalize gaping holes between numerous agencies in eral Emergency Management Agency (FEMA) the second amendment and allow private responding to terrorist threats and that those to again provide certain services. Additionally, property owners to defend their property. In- same agencies have not cooperated properly as a district close to our border, much of the stead, the security services are federalized. in analyzing and working to eliminate these casework performed in my district offices re- The airlines are bailed out and given guar- threats. lates to requests made to the Immigration and anteed insurance against all threats. We have The legislation before us today addressed Naturalization Service. made the airline industry a public utility that areas such as border security, immigration en- There has beem a difference of opinion be- get to keep its profits and pass on its losses forcement, and infrastructure preparedness, tween committees of jurisdiction and the ad- to the taxpayers, like Amtrak and the post of- that must be immediately reorganized to better ministration in regard to all these functions. In fice. Instead of more ownership responsibility, deal with these threats. This reorganization fact, the President’s proposal was amended in we get more government controls. I am reluc- will better facilitate communication and intel- no fewer than a half dozen of the dozen com- tant, to say the least, to give any new powers ligence sharing between many of these agen- mittees to which it was originally referred. to bureaucrats who refuse to recognize the cies that are on the front line of fighting and My coastal district also relies heavily on vital role free citizens exercising their second preventing terrorist acts. The reorganization shipping. Our ports are essential for inter- amendment rights play in homeland security. will also prepare our communities to address national trade and commerce. Last year, over Mr. Speaker, government reorganizations, weaknesses in physical cyber-security. one million tons of goods was moved through though generally seen as benign, can have a Despite the strengths of the legislation, I do just one of the Ports in my district! However, deleterious affect not just on the functioning of have serious reservations about some provi- questions remain about how the mission of the government but on our safety and liberty as sions that needlessly restrict the rights of Customs Service will be changed by this new well. The concentration and centralization of Americans and would not contribute to the department. These are significant issues to my authority that may result from today’s efforts goals of a more secure homeland. For exam- constituents, and may well affect their very should give us all reason for pause. But the ple, provisions in this legislation unnecessarily livelihoods. For me to vote for this bill would current process does not allow for pause. In- abridge civil service protections for the amount to giving my personal assurance that deed, it militates toward rushing decisions 170,000 federal employees being transferred the creation of this new department will not without regard to consequence. Furthermore, to the Department of Homeland Security. We adversely impact the fashion in which the this particular reorganization, in an attempt to should not view civil service protections as a Coast Guard and Customs Service provide the provide broad leeway for the new department, hindrance to fighting terrorism, nor should the services which my constituents have come to undermines our Congressional oversight func- cover of anti-terrorism be used to roll back rely upon. Based on the expedited process we tion. Abrogating our Constitutionally-mandated these protections. have followed with this legislation, I do not be- responsibilities so hastily now also means that This legislation would allow employees lieve I can give such as assurance. future administrations will find it much easier transferred to the new department to have We have also received a Congressional to abuse the powers of this new department to their salaries arbitrarily reduced, as well as Budget Office (CBO) cost estimate suggesting violate constitutional liberties. deny thousands of federal servants due proc- that it will cost no less than $3 billion just to Perhaps a streamlined, reconfigured federal ess in merit board proceedings. Many Ameri- implement this new department. That is $3 bil- government with a more clearly defined and cans are making sacrifices to fight terrorism, lion dollars that could be spent to capture limited mission focused on protecting citizens but to ask federal employees to forfeit these those responsible for the attacks of September and their freedoms could result from this reor- basic job protections is callous and unneces- 11 or to provide tax-relief to the families of the ganization, but right now it seems far more sary. There are some in this body that would victims of that attack. It is three billion dollars likely that the opposite will occur. That is why like to eliminate all civil service protections, that could perhaps be better spent protecting I must oppose creation of this new depart- but using the cover of terrorism is offensive. against future attacks, or even simply to meet ment. The bill also has a blanket waiver for con- the fiscal needs of our government. Since Until we deal with the substance of the tractors who produce anti-terrorist devices and those attacks this Congress has gone on a problem—serious issues of American foreign products from civil product liability. Contractors massive spending spree. Spending three bil- policy about which I have spoken out for who even exhibit fraud or willful misconduct in lion additional dollars now, simply to rearrange years, and important concerns with our immi- manufacturing could not be brought to justice offices and command structures, is not a wise gration policy in light of the current environ- under the act. This would even apply to the move. In fact, Congress is actually jeopard- ment—attempts such as we undertake today very servicemen and women who would use izing the security of millions of Americans by at improved homeland security will amount to, this equipment. I believe this is unconscion- raiding the social security trust fund to rear- more or less, rearranging deck chairs—or per- able and should not be allowed to stand.

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00082 Fmt 4634 Sfmt 9920 E:\CR\FM\A26JY7.229 pfrm17 PsN: H26PT1 July 26, 2002 CONGRESSIONAL RECORD — HOUSE H5875 I am also very disappointed that the com- safety and reassure the flying public. We need longest unmilitarized border in the world with mittee did not include an amendment by Rep- to recognize the very real, very serious and our friend and ally, Canada. With over $1.9 resentative DELAURO to deny government con- very costly obstacles the TSA and airports billion in goods and over 300,000 people tracts to American firms that skirt their tax li- face and allow the airports to continue to uti- crossing the border every single day, the con- ability by using offshore havens. The DeLauro lize one or more of the current screening nection between our societies is critical to amendment would have restored a similar bi- methods required by the TSA beyond the De- maintain the economic stability of both na- partisan provision that passed unanimously in cember 31, 2002, deadline. tions. However, this openness can become a the Ways and Means but was deleted by the Let’s not insist on an arbitrary deadline that vulnerability when exploited by the mobility Republican leadership when they drew up will not and cannot be met. This should not be and destructive potential of terrorists. their version of the legislation to be offered on construed as a weakening of Congress’ re- Currently, border security involves multiple the floor of the House. I believe that Compa- solve. Our nation’s airports and airlines have agencies—including INS, which is under the nies that avoid their tax liability should not be a responsibility to ensure the safety of the fly- Department of Justice; Customs, which is part eligible for contracting and procurement for a ing public. However they determine to achieve of the Department of Treasury; and plant and department with a budget the size of Puerto this, it needs to happen with all due speed. livestock inspectors from the Department of Rico’s entire economy. Mr. CRANE. Mr. Chairman, today I rise in Agriculture. All of these entities have different I encourage my colleagues to support this support of House Resolution 5005 creating a bosses, different equipment, and even dif- new Department of Homeland Security. legislation and support the Morella and ferent regulations that govern them. This legis- Like the rest of Congress, I applaud the DeLauro amendments when they come up for lation moves these principal border and trans- President for his bold decision to reorganize a vote. Their addition would help improve what portation security agencies into the Depart- is largely a worthwhile and effective piece of the government and make homeland security the highest priority. Like others, however, I ment of Homeland Security. This will provide legislation that will greatly aid our nation in its a direct line of authority and clear chain of war on terrorism. also have had questions about the details of this transition and how it would affect the command administered by the Secretary of Ms. DEGETTE. Mr. Chairman, although I Homeland Security, who is answerable to believe it is imperative to install explosion de- many responsibilities of those agencies trans- ferred to the new department. The bill before Congress and the President. tection devices at our airports as soon as pos- Homeland security should not be a partisan sible, we must also understand what is rea- us has answered my questions and provides real protection for our Nation. issue. We must rise above politics and juris- sonable and not lull the public into false hopes dictional disputes to send to the President a by setting arbitrary and unattainable deadlines. Let me focus on one of the important sec- tions dealing with the security of collecting rev- strong bipartisan bill that will be effective in We need to listen to the experts and agree to enue and the economically critical mission of improving America’s security. I urge my col- an extended deadline for implementing explo- trade facilitation. leagues to vote in favor of H.R. 5005 because sion detection systems to improve baggage Mr. Chairman, the requirement to generate it is the right thing to do. screening at our nation’s airports. That is why revenue for this country through Customs du- Mr. UNDERWOOD. Mr. Chairman, H.R. I am voting against the amendment to strike ties, which was the very first Act of Congress, 5005, a bill to establish the Department of the language form the homeland security bill was the primary reason Customs was estab- Homeland Security to safeguard our home- to extend the Transportation Safety Adminis- lished in the fifth Act of Congress as the first land, to secure our nation for the protection of tration (TSA) deadline. I remain deeply con- Federal agency of the new Republic. This citizens and property, to defend and preserve cerned about passenger safety and I believe function is still important today as dem- our democracy for posterity, to reorganize our we ought to continue to take aggressive steps onstrated by the fact that Customs collects government to strengthen emergency pre- to ensure it. Nevertheless, December 31, 2002 over $20 billion of revenue. paredness throughout the country, and to re- is an arbitrary deadline. Worse than that, it is Today, under the authority of the Depart- duce the vulnerability of the United States to an arbitrary deadline that our nation’s largest ment of the Treasury, Customs enforces well terrorism, is a bold undertaking that deserves airports cannot meet. over 400 provisions of law for at least 40 For example, in my district, Denver Inter- our most serious consideration and attention. agencies. In addition to collecting revenue, As we take up the task of establishing this national Airport (DIA) has already imple- Customs safeguards American agriculture, mented many safeguards that exceed TSA new department, I want to reiterate and em- business, public health, and consumer safety phasize several important points that concern standards. However, TSA has failed to fund and ensures that all imports and exports com- the equipment that needs to be installed. As a my constituency, the people of Guam. ply with U.S. laws and regulations. In this debate, it is important to recognize result, if we push forward with a band-aid so- Through the work of this Congress, the new that the American homeland extends far be- lution, the large machines that are currently Department now has the tools it needs to pro- yond the 50 states, and includes the U.S. terri- TSA-certified would force passengers to stand tect our borders while at the same time ensur- tories, including my home island of Guam, outside waiting for their bags to be checked. ing that revenue continues to be collected and some 9,500 miles away from Washington, We are talking about Denver, Colorado. We that goods keep moving across the border D.C. I have long maintained that in concept, have cold winters. And having crowds of peo- with little delay. ple waiting outside where cards drive up to let For these reasons I urge a YES vote on the American homeland should consist of all out passengers would create a new safety H.R. 5005. U.S. jurisdictions which Americans reside and hazard. An interim solution that provides a Mr. CAMP. Mr. Chairman, today I rise in call home. I was pleased to learn that the less-than-optimal level of security and that will support of H.R. 5005, the Homeland Security President’s ‘‘National Strategy for Homeland result in unacceptable delays to the traveling Act of 2002. I would like to thank the distin- Security,’’ unveiled last week, takes into ac- public is unacceptable. guished Majority Leader for his hard work and count the U.S. territories. I feel it is equally im- Increasing passenger safety is our mutual leadership on the Select Committee to bring portant for the House to ensure that the bill goal and there is technology that will better this legislation to the Floor. before us today properly takes into account achieve that awaiting certification this Novem- The U.S. government has no higher pur- the U.S. territories. The domestic defense and ber. It has been shown to have a greater rate pose than to ensure security of American citi- emergency response capability needs of of positive detection, a decreased rate of false zens and to preserve our democratic way of Americans residing in the U.S. territories are positives, and it is a more reasonable size. life. The proposal before us creates the De- just as critical as the needs of Americans re- Denver is planning on implementing this tech- partment of Homeland Security, a Cabinet- siding in the 50 states. nology and DIA will serve as a test site for the level agency that will unite essential agencies The territories present unique challenges in rest of the nation. TSA needs to certify this su- for better coordination, greater preparedness planning for homeland security and defense. perior technology and make the financial com- and quicker response time. Currently, there is These unique needs and challenges should be mitment to allow airports like DIA to begin no one department that has homeland security addressed and assessed by the new Depart- working on these vital projects. Thus far, the as its primary mission. In fact, responsibilities ment of Homeland Security. Critical resources TSA’s funding delays have hindered DIA’s for homeland security are dispersed among need to be harnessed and clear lines of com- ability to commence building the necessary in- more than 100 different government organiza- munication must be established for the local frastructure. DIA and other airports should not tions. We need to strengthen our efforts to law enforcement officials in the territories, just be punished for the lack of coordination and protect America, and the current governmental as they should be for the 50 states, to combat support from the TSA. structure limits our ability to do so. terrorism at the front lines. In this regard, I am Let’s get it right the first time and implement As a northern border state, Michigan is on pleased that this bill defines the U.S. territories the technology that will best achieve greater the frontline in border security. We enjoy the as part of the geographic homeland. I am

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00083 Fmt 4634 Sfmt 9920 E:\CR\FM\A26JY7.231 pfrm17 PsN: H26PT1 H5876 CONGRESSIONAL RECORD — HOUSE July 26, 2002 equally pleased that this bill ensures coordina- We fully support the Transportation Secu- ities are not related to the terrorist threat. Fo- tion on the part of the Department of Home- rity Administration’s efforts to fulfill the cusing the resources of these agencies in- land Security with the territorial and local gov- nation’s goal of strengthening the security stead on homeland security could well detract of aviation in this nation. Tight deadlines ernments of Guam, American Samoa, Puerto have focused the attention of everyone to get from the majority of their other vital services Rico, the Virgin Islands, and the Common- things done expeditiously. But, in the case of that affect the health and safety of millions of wealth of the Northern Mariana Islands. the 100% baggage screening deadline, it will Americans every day. I want to thank the Select Committee on drive the TSA to implement a program at The cost of this new department is another Homeland Security, in particular the Majority Hartsfield that will not give us the best secu- factor that needs more attention. The Presi- Leader, Mr. ARMEY, and the Democratic Whip, rity or an acceptable level of customer serv- dent has suggested that the most massive re- Ms. PELOSI, for their acceptance of my request ice. organization in 50 years will not require any to add a specific definition of ‘‘State’’ to the bill We believe that an integrated and auto- new spending. History and my own experience that includes Guam and the U.S. territories. mated Explosive Detection System is a must for many airports. But, the TSA will not im- in governmental reform and reorganization This specific definition is needed in order to plement such a system because it cannot be suggest the contrary. ensure that the other provisions of the bill ade- completed by December 31, 2002. We fear that This proposal was developed in private by quately take into account how guidelines will harried efforts to meet an artificial deadline the Administration with very little Congres- be carried out and implemented in and for the will compromise efforts to enhance security, sional deliberation and input. For such a sig- U.S. territories. The Select Committee’s inclu- frustrate our aims to increase capacity and nificant reorganization we should include all sion of my proposal as well as the House slow the return of the industry to financial segments of our community: local government Armed Services Committee’s recognition of health. We should do the bag screening right officials, first responders, and private entities. this matter is important to guarantee that infor- the first time. We may not be able to afford to do it over again. Homeland security should not be a Wash- mation, intelligence, and analysis produced We urge you to support our request for leg- ington-driven agenda and we must ensure that and gathered by the Department is shared islative relief from the December 31, 2002 local consultation is part of the process. with the territories. This action also makes cer- deadline. A more measured approach can Finally, the timing is problematic. There ap- tain that public advisory notices issued and in- lead to successful results in both enhanced pears to be an imperative to rush this into law frastructure vulnerability assessments con- security and good customer service. I will before the anniversary of September 11th. A ducted by the Department include the terri- provide you with additional information and more fitting tribute than marking the anniver- tories. Furthermore, border control measures analysis when TSA finalizes its approach for sary with questionable legislation would be to Hartsfield. implemented, regulations promulgated, policy honor those who lost their lives with our best formulated, communication facilitated, and Sincerely, BENJAMIN R. DECOSTA, efforts, even if it takes a few more weeks. It comprehensive planning will be for the benefit Aviation General Manager. would be a shame if this critical legislation left of the territories as well as the states. Mr. BLUMENAUER. Mr. Chairman, strength- America in greater jeopardy after its passage The people of Guam proudly continue to ening the capacity of our government agen- than it is today. stand united with our country in the war cies to defend our nation from terrorist attacks Mr. TIAHRT. Mr. Chairman, I rise today in against terrorism, but we want to ensure that is necessary and vital to our security. Our Na- support of HR 5005, the Homeland Security we stand together when it comes to the plan- tion will benefit from better communication Act of 2002. This important legislation will ning and preparation to safeguard our home- among federal agencies and from improved bring more than 100 different security and land, even in distant shores. Let us pass a bill safety of air travel, our borders, our ports, and safety units from around the nation together that will help protect all Americans, both in the our water supplies. However, we must develop into a newly created Cabinet department. This states and the territories. a focused strategy to protect our Nation rather new department will work to control movement Mr. CHAMBLISS. Mr. Chairman, the events at the borders, emphasize coordination with of September 11 changed the way Americans than taking cosmetic actions. The proposed Homeland Security Department, as proposed state and local emergency responders, merge view the safety of air travel by exposing loop- intelligence units to identify, map threats, and holes in security procedures at our nation’s in this bill, does not achieve this end. We need to address the intelligence failures address vulnerabilities, and develop tech- airports. Aviation security is now more than that led up to the events of September 11th. nologies to protect the homeland. ever a top priority for all Americans, and it is We need to work with local governments to The attacks on September 11th changed the responsibility of the federal government to coordinate responses to future attacks. The the everyday lives of Americans. As a result of provide for the security and safety of every these attacks, our country is now at war with passenger on a commercial flight originating in proposed Department does not address either. Instead we will create a new bureaucracy that, an invisible enemy that lurks in the shadows. this country. In my home state of Georgia is We face the real possibility of additional at- Hartsfield Atlanta International Airport the I fear, gives more the illusion of safety. By tacks of a similar or even greater magnitude. world’s busiest airport. concentrating on a massive restructuring of Terrorists around the world are conspiring to Hartsfield’s Aviation General Manager, Ben the federal government, we will not be able to DeCosta, has implored Secretary Norman Mi- focus on actually improving the security of our obtain chemical, biological and nuclear weap- neta to assist in moving the arbitrary Decem- Nation. Under this proposal, those working at ons with the express intent of killing large ber 31, 2002 deadline to screen 100% of all levels will have to divert their attention from numbers of Americans. We saw on September checked baggage. I agree with Mr. DeCosta, national security to bureaucratic reorganiza- 11th that terrorist will use unconventional if this artificial deadline is maintained and we tion. means to deliver their terror. These new times require new thinking. Cre- do not allow for a more measured approach, As has been documented time and again in ating a Department of Homeland Security will we will compromise the very security that we jarring detail by the news media, the FBI and give the Government the flexibility necessary are trying to restore. Waiting until later in the CIA were not properly coordinated before Sep- to make the right decision that are needed to year to extend the deadline is a tragic public tember 11. This massive reorganization, rather protect the American people. Consolidating policy failure. I have submitted for the record than dealing with fundamental problems be- these agencies into one Cabinet-level Depart- Mr. DeCosta’s letter urging support for legisla- tween these two agencies, adds a third gov- ment will support the President’s National tive relief from this deadline for my colleagues ernmental department to the uncoordinated Strategy for Homeland Security, it will facilitate to view. mix. There are real questions about whether we the ability of the private sector to more effec- HARTSFIELD ATLANTA INTERNATIONAL are spending the necessary amount of time to tively communicate and coordinate threat and AIRPORT, Atlanta, GA, June 12, 2002. ensure the success of this new Department or vulnerability management, and it will centralize Rep. SAXBY CHAMBLISS, are setting it up for failure. We need only look response and recovery management with the U.S. House of Representatives, Longworth to the Department of Energy reorganization, federal government. The Department of House Office Building, Washington, DC. which occurred over 25 years ago, and today Homeland Security will have three mission DEAR REPRESENTATIVE CHAMBLISS: I still has failed to become a streamlined, effec- function. They are (1) to prevent terrorist at- thought you would be interested in hearing tive department with an efficient process. Past tacks within the United States, (2) to reduce from me directly regarding a letter that I, successful reorganizations required more time America’s vulnerability to terrorism and, (3) to along with 38 other airport directors, wrote to Transportation Secretary Norman Mineta and enjoyed fuller cooperation and interaction minimize the damage and recover from at- to stress our concerns about the December between the administration and Congress. tacks that do occur. 31, 2002 congressional deadline to screen 100% The proposed Homeland Security Depart- H.R. 5005 transforms many government of checked baggage. I also have enclosed a ment would include agencies like the Coast functions into a 21st century Department. In copy of the letter for your review. Guard and FEMA, whose primary responsibil- order to protect the freedom of our citizens,

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00084 Fmt 4634 Sfmt 9920 E:\CR\FM\A26JY7.235 pfrm17 PsN: H26PT1 July 26, 2002 CONGRESSIONAL RECORD — HOUSE H5877 we must protect America’s borders from those The Immigration and Naturalization Service the new U.S. Department of Homeland Secu- who seek to cause us harm. Under this legis- (INS) enforcement, the Customs Services, the rity. lation, protection of our borders is a primary border activities of Animal and Plant Health In- Since September 11th, the United States function. This legislation will encompass INS spection Service (APHIS) and the Coast has made protecting the American homeland enforcement functions, the Customs service, Guard will be able to work more closely than from terrorism and fighting terrorism abroad the border functions of the Animal Plant ever to ensure that our borders—especially our top priority. I support the reform and reor- Health Inspections Service and the Coast our northern border, the longest undisputed ganization of the departments and agencies Guard all together in the new Department of border in the world—are protected from with responsibilities for homeland defense, as Homeland Security. H.R. 5005 will also ensure threats. Whether those threats are from terror- well as a thorough review of events and fac- that our neighborhoods and communities are ists, illegal immigrants, drug smugglers or tors that led to the tragic events of September prepared to address any threat or attack we smugglers of other contraband, the Depart- 11. may face. The Federal Emergency Manage- ment of Homeland Security will be in a posi- Such reform and reorganization, coupled ment Agency (FEMA) will also be included in tion to protect against those threats, while uti- with a comprehensive threat assessment and the Department of Homeland Security. lizing technology to aid the free flow of legal strategy to address threats to the American Thus, if an attack should occur, it will be commerce. homeland, are the best way to improve the clear who is responsible for consequence The legislation before us today varies from safety and security of the American people. I management and whom our first responders the President’s initial proposal in a very mean- call on the Secretary to operate the new De- can quickly communicate with. Additionally, ingful and positive way. It incorporates lan- partment in an open and fiscally responsible HR 5005 places a high priority on transpor- guage I supported with the Science Com- manner. Through this legislation we have tation safety. The Transportation Security mittee to include an Undersecretary for given the Department Secretary the requisite Agency is transferred entirely to the Depart- Science and Technology who will be given the statutory and budget authority to effectively ment of Homeland Security. TSA has the stat- task of coordinating homeland security-related and efficiently protect America from terrorism. utory responsibility for security of all modes of scientific research government-wide. One as- Make no mistake: this bill is far from perfect. transportation and it directly employs transpor- pect I fought to keep in this bill is the flexibility The House Republican leadership in too many tation security personnel. for federal partnerships with small businesses instances misused H.R. 5005 to score political These are just a few of the agencies that that have innovative technologies to offer. points instead of legislating responsibly. I am will encompass the Department of Homeland Other Transaction Authority, as it is called, hopeful the conference with the Senate will Security. Only those agencies whose principal has been used successfully by the Defense overcome these deficiencies and Congress missions align with the Department’s mission Advanced Research Projects Agency can pass a final Homeland Security bill that of protecting the homeland are included in this (DARPA), and I believe it has equal merit to produces real security for the American home- proposal. The current unfocused confederation advance time-critical and life-saving tech- land. of government agencies is not the best way to nologies in this new Department. I am pleased As we protect and defend our country, we organize if we are to effectively protect our that the President has embraced these must also protect and defend the Constitution, homeland, as responsibility is too scattered changes. the Bill of Rights, our civil liberties, and the Mr. Chairman, I am also pleased that this across the federal government. This has led to protection of civil service employees. Department will be organized almost entirely confusion, redundancy and ineffective commu- Futhermore, the development and operation of out of existing government agencies. Con- nication. the Department of Homeland Security must in- Even though this legislation addresses gress could have easily taken this opportunity volve a bottom-up process, with the input and issues concerning personal privacy, govern- to create more government bureaucracy. The recommendations of local first responders and ment disclosure, and individual rights, law- terrorist threat that faces our great Nation local officials from America’s cities, small makers and citizens alike must be vigilant could have easily been used as an excuse to towns and rural communities. They are our against government encroachment of tradi- broaden the size and scope of the federal first line of defense against terrorism, and also tional liberties. Specifically, this bill prohibits government. The bill before us today does not the first to answer a call in case of attack. the implementation of the Terrorism Informa- take that approach, but rather reorganizes, The security of our country, our people and tion and Prevention System (TIPS), a national consolidates, streamlines and focuses those our freedoms are paramount. The new Depart- ID card system, guarantees whistle-blower federal agencies responsible for homeland se- ment of Homeland Security will allow us to de- protections, details Freedom of Information curity. With those agencies under one Sec- vote time, people and resources in a coordi- provisions, and establishes a Privacy Officer retary of Homeland Security, I am confident nated and effective manner to deter any more responsible for ensuring privacy rights of citi- that our nation is in a better position to pre- tragedies like September 11. zens. I believe an unaccountable government pare for and responds to any threat to our do- Mr. STENHOLM. Mr. Chairman, I rise today is an irresponsible government and in addition mestic security. in support of the bill H.R. 5005, the ‘‘Home- to a vigilant watch against abuses of individual This legislation will provide the flexibility the land Security Act of 2002.’’ rights, we must be accountable to taxpayers President needs in order to make staffing At the very outset, I want to express my and not allow the Department to expand be- changes and provide for the national security, thanks to the Members of the Select Com- yond its fiscal and bureaucratic parameters. and to reorganize activities within the Depart- Mr. Chairman, the new Department of ment so that agencies work with one another mittee on Homeland Security, from both sides Homeland Security will be the one department to make our country safe. At the same time, of the isle, all of whom were very gracious in whose primary mission is to protect the Amer- this bill provides the Constitutionally mandated considering and ultimately accepting the rec- ican Homeland. It will be the one department Congressional oversight necessary to maintain ommendations from the House Agriculture to secure our borders, transportation sector, separation of powers and prevent excessive Committee. I am convinced that through this ports, and critical infrastructure. One depart- and abusive government. For example, this bill cooperation we were able to make significant ment to synthesize and analyze homeland se- preserves the authority of Congress and the improvements to the sections involving the curity intelligence. One department to coordi- Appropriations Committee to prescribe levels transfer of the Plum Island Animal Disease nate communications with state and local gov- of funding for Executive Branch functions. Fur- Laboratory and the border inspection functions ernments, private industry and first respond- thermore, H.R. 5005 will prohibit the unwise of the USDA Animal and Plant Health Inspec- ers, and one department to manage our fed- Terrorism Information and Prevention System tion Service (APHIS). In addition, I want to ac- eral emergency response activities. (TIPS) program, which would have encour- knowledge the support and cooperation of the We owe the American people nothing less aged neighbors to spy on neighbors. I am Administration in our efforts to improve these than the absolute best to protect its citizens. pleased with the privacy protections built into specific provisions as well. Reorganization of America’s homeland secu- this act, which will prevent an intrusive ‘Big Despite my support for moving the process rity functions is critical to defeating the threat Brother’ government which violates our Con- forward today, however, I would not be fully of terrorism and is vital to the nation’s long- stitution. honest if I didn’t express serious concern term security. I thank the members of the Select Com- about the accelerated pace at which we have Mr. NETHERCUTT. Mr. Chairman, I rise mittee on Homeland Security, and the distin- developed this legislative package and about today in support of H.R. 5005, a bill to create guished Majority Leader and Chairman of the some of the uncertainties associated with it. a much-needed Department of Homeland Se- Committee, Mr. ARMEY, for their hard work Many in Congress are concerned that, in our curity in the Presidential Cabinet. crafting this bill. haste, we may not have given adequate con- For the first time, America will have all its Mr. ETHERIDGE. Mr. Chairman, I rise in sideration to unintended consequences that border protection services under one authority. support of H.R. 5005, a bill that establishes could result from the current effort.

VerDate Jul 25 2002 04:48 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00085 Fmt 4634 Sfmt 9920 E:\CR\FM\A26JY7.239 pfrm17 PsN: H26PT1 H5878 CONGRESSIONAL RECORD — HOUSE July 26, 2002 Little that I have heard during this abbre- agencies proposed to move to the new depart- One of these is the sweeping aviation secu- viated process has reassured me that the ment will suffer within an organization focused rity reforms we passed last year. American people will be significantly safer on homeland security. While the new depart- As a member of the committee that drafted from terrorist threats as a result of the pas- ment’s primary mission is critical to the well- last year’s bill, I can tell you that the deadlines sage of this bill and its enactment into law. Of being of our people, so are the Coast Guard’s established in the legislation were arbitrary course, the vast majority of this bill is really search and rescue function and FEMA’s re- and are unenforceable. not about creating new protections for the sponse to natural disasters. They must not The United States had never experienced American Homeland. Rather, much of this bill lose attention or resources because the main such an attack. relates to a gigantic reshuffling and potential focus of the department and its top managers And because Congress’ response was swift, expansion of the federal bureaucracy—the is on homeland security. the details on how to achieve such sweeping largest new federal bureaucracy created since Another problem I see with the bill is that it reforms were untested. World War II. This too is a source of serious rewrites or even abandons an array of good Our airports, which are responsible for im- concern to me. government protections in the name of ‘‘flexi- plementing these mandates on the ground, While I realize that efforts have been made bility’’. As several of my colleagues have have told us for months that these deadlines to ensure that no important functions are lost noted, we got through World War II, the Cold are unworkable. or degraded by this reorganization, I would War, Korea, and Vietnam without needing to I have been contacted by all of the Bay feel much more comfortable if we had been exempt the federal workforce from civil service Area airports: SFO, Oakland, San Jose and able to question the Administration about protections, ranging from collective bargaining Sacramento International airports urging me to these matters during the hearings held by the to whistleblower protection. It is simply wrong allow the TSA to have the flexibility it needs to House Agriculture Committee. Unfortunately, to turn hardworking, loyal civil servants into deploy the most reliable explosive detection representatives for the Administration did not second-class employees because their box is equipment as soon as possible. choose to accept our invitation to appear, and moved to a new place on an organizational Secretary Mineta testified before our sub- we consequently had to do our work with less chart. committee three days ago that due to the information and assistance from them than I It is also wrong and unnecessary to fiddle funding cuts and new mandates in the supple- would have liked. with the Freedom of Information Act and the mental appropriations bill, the TSA could not Nonetheless, I do remain hopeful, that Federal Advisory Commission Act. Both have meet these deadlines. through our actions today, some improve- sufficient protections against disclosure of sen- I think the Secretary knew before two days ments in inter-governmental communication sitive information and should be retained. ago that these deadlines were unachievable. and coordination may take place. I am also Mr. Chairman, others have identified other And I find it too convenient that the adminis- pleased that we were able to address the serious problems with this bill, but I believe tration is now trying to blame Congress for issues related to the USDA Animal and Plant the fundamental problem is that it tries to do this. Health Inspection Service in a way that will too much all at the same time. The real prob- But the underlying fact still remains: These preserve important agricultural functions, while lems were not the structure of the govern- deadlines are not realistic. assisting the effort to consolidate homeland ment; they involved priorities that did not in- We should not be playing political chicken security protections. clude counter-terrorism, as well as failures of with common-sense aviation security. Given these positive steps, I will be voting coordination and information-sharing among Instead, we should be working together to for the legislation before us today. I am hope- existing agencies. find real solutions at each of our airports. ful that, as a result of this legislation, at least As an example of a more focused, less dis- The Granger language included in the un- ruptive approach, a team from the Brookings one American family will be spared additional derlying bill requires the TSA to work with Institution suggested concentrating initially on loss and suffering at the hands of those who every airport to customize its unique security agencies involved in border and transportation hate us and our way of life. needs and establish a plan to achieve 100 Mr. SERRANO. Mr. Chairman, I rise in re- security and infrastructure protection and cre- percent baggage screening. luctant but strong opposition to the Homeland ating a new intelligence analysis unit, and The Frost language sets an outer limit of Security Act before us today. stressed strong management in the depart- one year to achieve this goal at every airport. It has been clear since September 11th—in- ment and central White House coordination of My understanding is that most airports will deed it was clear well before that date—that government-wide strategy and budgets as cru- be able to comply with this well before the the Federal government needs to change to cial to the success of the reorganization. Other year deadline. better face the threats posed by terrorists, to activities and agencies could be considered I, like all of you, want to keep the pressure better coordinate and focus prevention, prepa- for inclusion later, as the department finds its on to ensure that all baggage is screened as ration, and response efforts. The bill before us footing. This is not the only approach, but soon as possible. attempts to do that. But I have several serious shows it is possible to address the real need I believe the underlying bill will do that while concerns with the approach the President and for restructuring on a smaller, less disruptive still addressing the reality of implementing this scale. the majority are taking. at all our nation’s airports in a cost effective Mr. Chairman, I continue to believe that we First, let me praise the Select Committee for and responsible way. must reorganize our government—and Con- including in the new department an Office for I urge my colleagues to oppose the amend- gress—to meet the terrorist threats against us. Civil Rights and Civil Liberties. This represents ment and support the common-sense lan- But this is not the right way to do it and I urge an acknowledgement that our fundamental guage in the underlying bill. my colleagues to vote against it and start values must be preserved as we fight against Mr. SCHROCK. Mr. Chairman, first I would over. like to thank the members of the Select Com- forces that seek to destroy those values. Mrs. TAUSCHER. Mr. Chairman, I reluc- However, on a number of other issues, mittee for all of their hard work to craft this tantly must rise in opposition to the Oberstar- equally important values, such as fairness and legislation. I also want to thank the President Menendez amendment. for moving forward to establish a Department openness, are undercut. As a Member of the Transportation Com- I am deeply concerned that what is pro- mittee, I have a great deal of respect for my of Homeland Security. The Government Re- posed in this bill goes too far too fast and ac- Ranking Member and Mr. Menendez, but I form Committee and many other House Com- tually risks disrupting our efforts to detect and must oppose their amendment. mittees gave the Select Committee many prevent future terrorist acts against America As a Member of the Aviation Subcommittee, amendments to work with, and they skillfully and Americans. Changed priorities and re- making air travel safer is my highest priority. sifted through these amendments to come up structuring are very disruptive to any organiza- But I do not believe that forcing arbitrary with what I think is a bill that sets up the best tion, and it will be extremely difficult to main- deadlines on our local airports will actually framework to protect our nation. tain a new department’s focus on its primary make air travel any safer. The creation of this department is of par- missions when so many different entities with On the contrary, if airports are forced to set ticular interest to the people I represent as so many different cultures are being merged. up temporary solutions to meet these dead- they live every day with the threat of terrorism. The Comptroller General has testified that, lines, the result will be wasted tax dollars and The greatest security threat that we in the based on review of organizations undertaking huge crowds of passengers standing in lines Second Congressional District of Virginia face similar ‘‘transformational change efforts’’, it inside and outside airport lobbies, which will is an attack on our seaport. could take between five and ten years for the create an entirely new security risk. The characteristics that make Hampton department to become fully effective. Congress has taken many bold, new steps Roads an ideal seaport—a great location and I am also deeply concerned that the non- to respond to the terrorist attacks since Sep- an efficient intermodal transportation system— homeland security activities of many of the tember 11th. also makes it a prime target.

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00086 Fmt 4634 Sfmt 9920 E:\CR\FM\A26JY7.243 pfrm17 PsN: H26PT1 July 26, 2002 CONGRESSIONAL RECORD — HOUSE H5879 A ship sailing through Hampton Roads effort to ban Social Security Numbers from land and its citizens is perhaps our greatest steams within a few hundred yards of the Nor- general usage. Rather, it is a common sense responsibility. folk Naval Base, home to the Atlantic Fleet, proposal that would greatly benefit our na- I am very disappointed that the House re- and Fort Monroe, home of the US Army Train- tional security, as well as prevent billions of jected several amendments that could have ing and Doctrine Command. The detonation of dollars in fraudulent charges by identity strengthened this legislation—amendments a ship-based weapon of mass destruction thieves. that would have subjected this new agency to would have disastrous effects on our military Identity theft is not just a financial crime, it the Freedom of information Act (FOIA), civil and our economy. is a threat to our national security. An indi- service rules, whistleblower protections. The Under the current framework, the Coast vidual suspected of training four of the Sep- House also rejected amendments that would Guard, the Customs Service, the Immigration tember 11 terrorists used the Social Security have stricken the delay in implementing explo- and Naturalization Service, and the Animal number of a New Jersey woman who died in sives screening for baggage at our airports, as and Plant Health Inspection Service all have 1991 to establish his identity in the U.S. Un- well as an amendment that would have clari- some jurisdiction over ships coming into the told numbers of other terrorists may have fied the liability immunity for homeland security Port of Hampton Roads. done the same. contracts. These agencies have different, often limited, The financial services industry, the medical In each of these areas, I am hopeful that powers to search and inspect ships and cargo community, the insurance industry, edu- the conference committee will modify these and lack a formal process for sharing informa- cational institutions and state and local gov- provisions. tion with each other. In some cases, federal ernments rely upon our Social Security Num- We also have to ensure that many of the laws even prevent the sharing of information bers as a means to uniquely identify us. Each agencies that would be included in this new between these federal agencies. of these entities reproduces our Social Secu- department not lose sight of their original mis- These problems became clear at a work- rity number within their own files and gen- sions. An example of that is the U.S. Coast shop I recently held on port security. Putting erates documents that make this information Guard, which boaters rely on in emergency these agencies under one umbrella will enable available to others in some form. That’s why situations. I support strengthening the Coast them to communicate more effectively and the vast majority of us have our Social Secu- Guard to deal with border security issues, but work together, filling the security gaps that rity numbers emblazoned upon our medical in- I do not want the result to be that Maryland exist today. surance cards in our policy numbers or on our boaters in the Chesapeake Bay are at greater Also, this homeland security plan will help driver’s licenses as our license numbers. risk because the Coast Guard focus has goods get to market more efficiently. Under Even more alarming is that by using the changed. The new Department of Homeland the current system, a ship and its containers Internet, the ability to gain access to personal Security should not jeopardize those functions are stopped and searched several times by identifying information such as Social Security of different departments and agencies that are different agencies. This system unnecessarily numbers is growing at a tremendous and not specifically related to security. impedes the flow of commerce. frightening pace. The ability to exploit that in- In order for me to support this legislation on I am confident the President’s proposal will formation has empowered a new generation of final passage, it is important that we not only ensure security remains our top priority during identify thieves who have in turn made identity establish the consolidated agency for home- the inspection of ships, while also providing for theft the fastest growing crime in the world. land security, but that it is constituted in a a more efficient flow of goods to their ultimate Unfortunately, only 18 state DMVs currently manner that protects the civil liberties of its destination through the reduction of duplica- subscribe to the Death Master File. So, if a workforce and the people of this country. I am tion. terrorist provides a Social Security number of hopeful that when the legislation returns from Many government agencies want to work to- a deceased individual to a state DMV, it is conference the legislation will accomplish gether to ensure homeland security, but in the highly likely that terrorist will be successful in these goals. past, either the framework did not exist or his or her endeavor to obtain a driver’s license Mr. ROEMER. Mr. Chairman, I rise to ex- legal barriers prohibited their cooperation. This or identification card. We should all shudder to press my serious reservations about H.R. legislation will create the necessary framework think of the consequences. 5005, creating the new Department of Home- for the collaboration needed to keep our ports, Compounding the problem, Congress has land Security. On the occasion of this historic our airports and our entire homeland safe from already recognized the need to improve the vote, I wish to expres my concerns about the terror. current system in ensuring states certify the Administration’s proposal and implementing This legislation will establish the structure identities of commercial truck drivers, and in- legislation considered by the House of Rep- necessary to address today’s new problems. cluded $5.1 million in federal funds for states resentatives today. But as we develop this legislation it is impera- to access the Death Master File in the FY ’02 The September 11 tragedy confirmed a tive that we not amend the legislation such Supplemental appropriations bill. Unfortu- problem that exists in our domestic security that this new department is a static one, dif- nately, not every terrorist is going to apply for and exposed on vulnerability to outside at- ficult to change and unable to address the un- a CDL. tacks. The existing bureaucracy and the intel- foreseen problems of tomorrow. We must not We have failed for too long to address the ligence community made some mistakes and unnecessarily tie the hands of this and future problem of identity theft. We have failed to errors. In addition, there are existing problems Presidents, robbing them of their ability to best help protect the citizens of the United States with management, organization, ‘‘stove piped’’ address the threats of the future. from additional terrorists illegally gaining iden- agencies, outdated technology, and not I am proud to support this legislation, and I tification and access to numerous resources to enough effective communication between key urge my colleagues to do the same. plot their attacks. people and departments. I fear that some of Ms. HOOLEY of Oregon. Mr. Chairman, the My bill is a step in the right direction, and these problems and organizations are rep- Rules Committee Wednesday was presented I urge all my colleagues to assist me in ensur- licated here in H.R. 5005. with a tremendous number of amendments to ing our government takes common sense The President proposed to create a new the Homeland Security Legislation. Their task steps to safeguard our national security. Department constituting the largest federal re- was certainly a monumental one. However, Mr. CARDIN. Mr. Chairman, I support the organization in half a century. I hope and pray the Committee did not allow my amendment to creation of a new Federal Cabinet Department it works, but I don’t think it will. Understanding be considered on the floor or be included in of Homeland Security. Therefore, I shall vote the urgency of possible future terrorist threats, the Manager’s amendment, which I believe to for H.R. 5005, but I have major reservations Congress pledged to enact a bill quickly so be an erroneous decision. about many of its provisions that I hope will be that the President can sign it as the Nation ap- As such, I have converted that amendment corrected in conference. It is important to let proaches the one-year anniversary of Sep- into a bill, the ‘‘Secure Identity Protection Act the process move forward. tember 11th. We should take more time and of 2002.’’ This bill would effectively prevent the I agree that we need to consolidate our ex- get this bill right. This organization will last for theft of Social Security numbers of the de- isting agencies that have homeland security decades to come. ceased by requiring the White House to issue and counter-terrorism functions by creating a Homeland security has now become one of a report on the advisability of requiring State new Department with the primary mission to the most important challenges facing the Na- DMVs to subscribe to the Social Security Ad- prevent, disrupt, and respond to terrorist at- tion, and the vote we cast today to address ministration’s Death Master File. The report, in tacks. I believe that Congress will enhance the terrorist threats will have profound and lasting turn, must be submitted to Congress. national security interest of the United states consequences for national security, the econ- This bill is not a mandate. It is not a pro- by creating this new Department of Homeland omy, the future of our children, and our way posal to create a national ID card, nor is it an Security. The security and safety of the home- of life for the next several generations. It is

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00087 Fmt 4634 Sfmt 9920 E:\CR\FM\A26JY7.246 pfrm17 PsN: H26PT1 H5880 CONGRESSIONAL RECORD — HOUSE July 26, 2002 therefore critically important that we make our the field where terrorists might be located. The net level status, a larger budget, and analytical decisions based on careful and thoughtful intelligence community is challenged by the intelligence function, and jurisdiction over the analysis before voting to institute far-reaching use of increasingly sophisticated technology, Coast Guard, among some other agencies changes altering the face of government and such as encryption systems, that require a far and responsibilities. But it should not be com- the way we prepare for and respond to ter- different effort than we have employed over bined with 22 federal departments and rorist threats. It is vitally important to combine the last few decades to combat technology 180,000 workers costing taxpayers $38 billion. the newest and most effective organizational used by terrorists. Mr. Speaker, for many of these reasons, I ideas and theories. One of the amendments I proposed, which have serious reservations about the bill. I do There is considerable agreement in Amer- was not accepted by the Committee on Rules, not cast this vote lightly. I believe that we ica, including Congress, that some kind of or- would have bolstered the intelligence functions should provide accountability and maximum ganizational reform is necessary. I applaud of the Department by creating stronger direc- efficiency in our effort to provide homeland se- President Bush for proposing a plan. The torates for intelligence and critical infrastruc- curity. Congress should rework this bill and try question now is not whether to reorganize but ture protection. These directorate’s missions again. We should break the mold, think ‘‘out- how and to what extent. In Congress, twelve would have fused and analyzed intelligence side the box,’’ and create the agency of the committees considered the President’s pro- from all sources in a more integrated ap- new century, not the bureaucracy of the posal and offered some thoughtful improve- proach than that proposed by the Administra- 1960’s. After all, we are not targeting the ments, although most of them were rejected tion’s proposal. former USSR and missile silos in Siberia, but by the Select Committee. Another amendment I proposed would have targeting against terrorists that can swiftly While I have strongly supported the Presi- prohibited the transfer of the Federal Emer- move from Hamburg, Germany to New York dent’s creation of the White House Office of gency Management Agency into the new De- and kill thousands of Americans. Homeland Security, I maintain serious res- partment. FEMA’s mission is reactive, respon- Mr. UDALL of Colorado. Mr. Chairman, I ervations about this approach to establishing a sive, and rehabilitative. Folding them into the rise in support of this bill. I do have some con- new Department. My objections are not solely Department would threaten to disrupt one of cerns about it, but I think it deserves to be based on the Department’s personnel policies our most respected and effective independent passed. or even the absence of Posse Comitatus pro- federal agencies from delivering premier first- I am united with my colleagues and with the tections to safeguard individual liberties. Rath- responder relief that has added tens of thou- President in a shared determination to win the er, my reservations are based on this ‘‘1960’s’’ sands of Americans devastated by natural dis- war against terrorism. We must do everything type of approach to reorganizing existing asters, such as fires, floods, earthquakes and we can to reduce the risks of further attacks. agencies and my belief that this form of re- hurricanes. Focus for FEMA would then be I believe we must reorganize our government structuring will not be able to respond to ter- split between a proactive and preventive pri- to meet that goal. What we have chosen to take on in the rorist threats with improved agility, flexibility ority and secondly, the traditional rehabilitative aftermath of September 11th is an enormous and dispatch. As the management theory of mission. My amendment would have retained task, the largest reorganization of the govern- the day promotes synergy and symmetry, this FEMA’s independent status and ensured that ment in half a century, a total rethinking of proposal reflects big bureaucracy, big budgets, our nation’s increased focus on terrorism pre- how we approach security. We need to plan and big problems. paredness will be in addition to, and not at the for the protection of all domestic people, The legislation considered today is the only expense of, FEMA’s natural disaster response places, and things. We need to fundamentally solution we are being offered. The bill will capabilities. restructure our government to be more re- shuffle tens of thousands of government em- Mr. Speaker, H.R. 5005 focuses on reorga- sponsive to terrorism. ployees and billions of dollars in new federal nization and insists on the misguided notion This is a tall order. Homeland security has spending without achieving what should be the that if law enforcement and related agencies always been an important responsibility of fed- core mission: to provide sufficiently flexible are swept under one roof, they will be able to eral, state and local governments. But in the and responsive intelligence resources and in- communicate and respond to threats more aftermath of the terrorist attacks, the scope of formation gathering; reliable analysis and ef- quickly and efficiently. Our agents should be this responsibility has broadened. fective sharing to executive agencies; and field able to communicate via email and hand-held The bill before us has much in common with agents, intelligence personnel and first re- technology with tremendous speed and effi- a report that we received just last year from a sponders who are thoroughly trained and pre- ciency. It is not always necessary for them to commission headed by former Senators Gary pared. Indeed, the last thing our nation needs be located under the same roof to achieve Hart of Colorado and Warren Rudman of New now is a hastily conceived Department of their mission. Information management is an- Hampshire. The report recommended sweep- Homeland Security. This monumental under- other key to securing homeland security, pre- ing changes, including the establishment of a taking, if not carefully and cautiously thought venting future attacks, and protecting valuable Department of Homeland Security. through, could produce an unwieldy and over- assets. Effectively using intelligence is one of I have reviewed the commission’s report blown bureaucracy that would exacerbate the the most useful and powerful instruments we carefully and discussed it with Senator Hart, current situation and render the country more have to prevent, or at least mitigate, the likeli- and I have been impressed with the sound- vulnerable to certain weaknesses. hood and consequences of a possible future ness of the report’s recommendations. I have I have been proud to serve on the Select attack. However, the bill’s approach toward in- also cosponsored two bills dealing with this Committee on Intelligence and on the Con- formation management and accountability subject. gressional Joint Inquiry, which has for the last seems limited and flawed. If the new Depart- So I am glad that the President has come two months been intensely focused on the role ment is to function effectively, its access to in- to agree that a new Department of Homeland of the core components of the intelligence formation relating to terrorist threats must not Security is necessary. community, particularly the CIA, FBI and NSA. be restricted as it is under this bill. The question we face today is whether the This inquiry has also heavily scrutinized infor- For example, the Secretary of Homeland bill before us is up to the challenge. Will this mation management particularly with regard to Security is granted only limited access to ‘‘raw bill actually make the American people safer? intelligence collection, analysis and information data’’ on information collected by the intel- I’m not entirely certain. I believe this bill gen- sharing. Following dozens of special briefings ligence community and law enforcement agen- erally heads in the right direction, but it still and lengthy hearings, I have concluded that cies. The bill specifically provides that the contains a number of troubling provisions. increasing resources and technology for intel- Secretary can obtain unanalyzed information One concern I have is that in our rush to ligence and improving information manage- ‘‘only if the President has provided that the create this new department, we may be as- ment are some of the keys to reform. We Secretary shall have access to such informa- sembling an unwieldy bureaucracy instead of must improve the ability of our services to turn tion.’’ This approach seems designed to keep a nimble department that can be quick to re- lots of information into knowledge and there- the new department dependent on the good spond to the challenges at hand. The pro- fore actionable intelligence. will of the intelligence community and law en- posed department’s size, cost and speed may Rather than folding dozens of executive forcement agencies and hostage to their par- well hamper its ability to fight terrorism. We agencies under one tent and moving desks tial clues on insufficient information. This need to recognize that no department can do from one department to another, the bill would be a grave mistake. everything. Homeland security will be the pri- should increase efficiencies for computers, I believe we should modestly increase the mary responsibility of the new department, but equipment, and technology in order to assure size and scope of the current White House Of- it will also continue to be the responsibility of that we communicate more quickly between fice of Homeland Security, headed now by Di- other departments, of states and local govern- federal offices with e-mail and databases to rector Ridge. That position should have Cabi- ments, and of all Americans.

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00088 Fmt 4634 Sfmt 9920 E:\CR\FM\A26JY7.249 pfrm17 PsN: H26PT1 July 26, 2002 CONGRESSIONAL RECORD — HOUSE H5881 It’s also true that many of the agencies that I think that these parts of the bill will need What will be the relationship between the will be subsumed by this new department to be revised, and I will do all I can to improve Department of Homeland Security and the in- have multiple functions, some of them having them. telligence community? nothing to do with security. That’s why I think There is one provision we debated today Will the Department have the access it it’s right that the bill abolishes the INS and in- that I do think should remain in the bill. Last needs to intelligence information? cludes its enforcement bureau in the new year, I strongly supported the airport security Will the Department have the trained per- DHS, while leaving a bureau of immigration bill because I believed then—as I do now— sonnel to analyze threat information and other services in the Department of Justice. I also that we must protect the public from a repeti- critical intelligence data? think it’s right that the bill moves only the agri- tion of terrorist hijackings. One key part of that Will the new Department be tasked to de- cultural import and entry inspection functions is to have baggage screened to safeguard fense the homeland against threats in addition of the Animal and Plant Health Inspection against explosives being smuggled aboard air- to terrorism—for example, threats from the Service into the new department, while leaving planes in checked luggage. proliferation of weapons of mass destruction? the rest of the service—including the unit that But today I voted to extend the baggage As offered by the Administration, the Home- investigates chronic wasting disease and other screening deadline established in the airport land Security Department proposal would not possibly contagious diseases—intact. I believe security bill because it doesn’t make sense to provide for the capability to analyze the range this same model should apply to the Federal me to mandate a deadline that clearly is im- of threat information that is gathered by the Emergency Management Administration, or possible for a quarter of airports in this country U.S. intelligence community. Without such an FEMA, which this bill would move as a whole to meet. It has been clear for some time that analytical capability, the Homeland Security into the new department. While it may seem although 75% of airports would be able to Department will have to rely on whatever fin- that FEMA—as the central agency in charge meet the December 31st deadline, 25% of this ished intelligence the Director of the Central of disaster response and emergency manage- country’s largest airports would not. Denver Intelligence Agency (CIA) and the Director of ment—should constitute the heart of the new International Airport (DIA) is among those air- the Federal Bureau of Investigation (FBI) DHS, FEMA is primarily engaged in and espe- ports still waiting for the Transportation Secu- chooses to supply. The Intelligence Committee cially effective at responding to natural haz- rity Administration (TSA) to approve its secu- overwhelmingly agreed that the new Home- ards. This bill should leave FEMA outside the rity plan. land Security Department could not simply rely new department, or at a minimum transfer its DIA has developed its own plan that would on final reports and analysis generated by the Office of National Preparedness to the new employ a baggage-screening system that myriad of intelligence agencies—its mission is department, while leaving FEMA’s Disaster costs approximately $85 million to implement, just too important. We agreed that the Depart- Response and Recovery and Mitigation Direc- versus $130 million for the system currently ment must have timely access to raw data torates intact. I voted today to leave FEMA approved for use in the U.S. The bill before us from all intelligence sources, information sys- outside the new department because I fear today allows TSA to incrementally address in- tems to integrate these diverse data, and the FEMA’s current mission and focus will be lost dividual airport requirements like DIA and ac- trained people to analyze the information. in the new bureaucracy we are creating. commodate new technology improvements. Mr. Chairman, this Member generally appre- I am hopeful that the President will continue I am a cosponsor of legislation that would ciates the improvements the Select Homeland to work with the Congress to make sure the extend the deadline because I believe DIA will Security Committee made to the bill regarding agencies moved to the new Department will be able to provide a better, more cost-effective be supported in their many other important du- the tasking for the collection of intelligence baggage screening system than the current gathering by the Intelligence Community under ties even as they focus anew on their security TSA-approved model given a bit more time. existing law and this Member is particularly roles. So I am pleased that this bill includes an ex- appreciative of the Select Committee on I have other concerns aside from the organi- tension on the baggage screening system. zation of the agency. In summary, I am pleased that this bill Homeland Security’s willingness to accept The bill includes language that denies basic echoes the overall approach of the Hart-Rud- these recommendations and incorporate them civil service protections for the federal workers man report recommendations. I am also into H.R. 5005 by establishing the meaningful who would be transferred to the new depart- pleased that the bill includes important analytical organization we recommended. ment. While I am encouraged by the passage Science Committee contributions, such as the However, during the Select Homeland Security of two amendments that slightly improve the one establishing an Under Secretary for Committee’s markup, an unfortunate decision bill’s language in these areas, I remain fearful Science and Technology in the new depart- was made to delete the new Department’s for the 170,000-plus employees of the new ment, as well as provisions I offered in the seat at the table when it comes to intelligence- DHS whose jobs this bill would put at risk in Science Committee markup requiring the new gathering instructions. The members of the an attempt to give the President ‘‘flexibility’’ to department and NIST to engage in a system- Select Committee expressed the concern that manage in a ‘‘war-time’’ situation. That’s why atic review and upgrading of voluntary con- the new Homeland Security Department I voted for amendments to preserve collective sensus standards. I believe it is important that should not ask intelligence services to gather bargaining rights, whistleblower protections, the bill includes a provision reaffirming the information on American citizens. and civil service rules that have protected ca- Posse Comitatus Act, which prohibits the use Mr. Chairman, the protection in individual reer employees for over 75 years. I don’t be- of the armed forces for civil law enforcement. liberties of American citizens is an understand- lieve we should use the creation of a new de- And it is important that the bill prohibits the able and appropriate priority. This Member partment as an excuse to take away these government from implementing the proposed fully concurs that the Homeland Security De- protections—protections that Congress en- ‘‘Operation TIPS,’’ an Orwellian program under partment should not be allowed to issue in- acted so that we could attract the very best to which designated citizens would be trained to structions that the CIA gather information on government service. Taking away these pro- look for and report suspicious behavior on the Americans. tections now signals that we don’t value our part of their fellow citizens. However, to ensure that the Department’s federal workers, their hard-won rights, or the Despite the problems in the bill, I am voting analytic capability is robust, it must have a integral role these workers will continue to for it today because I remain committed to a role in tasking our intelligence services to play as part of the new department in the fight strong, effective Department of Homeland Se- gather information on foreign individuals, enti- against terrorism. curity. I am hopeful that the problematic issues ties, and threats. Without a seat at the mission I also supported an amendment striking the I highlighted and other concerns will be suc- formulation table, the policy decisions of the overly broad exemptions in the bill to the Free- cessfully addressed in the conference com- Homeland Security Department will rely on dom of Information Act, or FOIA, which was mittee. whatever foreign threat information our Intel- designed to preserve openness and account- Mr. BEREUTER. Mr. Chairman, this Mem- ligence Community happens to collect under ability in government. The bill includes a provi- ber rises to express his reluctant support for the tasking decisions they have made accord- sion excluding information voluntarily sub- H.R. 5005, legislation to establish a Depart- ing to their respective agency and collective mitted to the new department from the re- ment of Homeland Security (DHS). There are priorities. quests for disclosure, it would also preempt several improvements to the bill included as a This Member must express deep regret that state disclosure laws. FOIA does not require result of the work of the House Permanent Se- the amendment to H.R. 5005 he had hoped to the disclosures of national security informa- lect Committee on Intelligence (HPSCI). offer was not made in order by the Rules tion, sensitive law enforcement information, or When the Intelligence Committee, of which Committee. This is an unfortunate error in confidential business information, which this Member is Vice-Chairman, reviewed judgment, apparently reflecting the advice of makes the exemptions to FOIA in this bill un- President Bush’s initial proposal, it considered various persons in the Executive Branch. The necessary in my view. a number of issues: amendment was a simple and straightforward

VerDate Jul 25 2002 04:48 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00089 Fmt 4634 Sfmt 9920 E:\CR\FM\A26JY7.251 pfrm17 PsN: H26PT1 H5882 CONGRESSIONAL RECORD — HOUSE July 26, 2002 one that would have offered a slightly modified terror when our President is requesting con- was simply the compilation of those agencies’ version of language that received bipartisan gressional action. Ultimately this Member will current budgets with no regard to the costs support in the Intelligence Committee. It have to make the judgment whether the legis- associated with creating an entirely new infra- should be emphasized that this Member’s lative product from the House-Senate con- structure and giving those agencies expanded amendment was narrowly constructed and ference is better than the status quo and if the areas of responsibility. Clearly, this rear- would have specifically authorized such costs of further delay in starting over to create ranging of agencies is going to cost many bil- tasking only on foreign adversaries, not U.S. a much different and much smaller DHS is lions of dollars above that budget estimate. citizens or other persons legally resident within achievable and worth the delay at a time when It has been exactly 48 days since the Presi- the United States. the United States and its facilities and per- dent made his proposal, but in that time, Con- The tasking for information on foreign adver- sonnel abroad remain very vulnerable. Will the gress has had less than 29 working days to saries is not a trivial concern, Mr. Chairman. enactment of the legislation creating a DHS hold hearings, consult with experts, receive Without the proper information, the Homeland that now seems in prospect be worth the input from interested parties, and evaluate all Security analysts will not be able to devise ap- delay and dissension caused by starting over this information. That is simply not enough propriate defenses. The other departments of and doing it right? That is the question and time to form a sound structure that addresses government have different missions (for exam- the answer is not clear, Mr. Chairman, count Congressional oversight, elimination of redun- ple, the State Department is to advance diplo- this Member’s vote as a vote to move the leg- dancy, budget and labor issues, in addition to macy, the Department of Defense is to win islative process forward. the critical delineation of areas of responsi- wars, and the FBI is to prosecute criminals) Mr. LEVIN. Mr. Chairman, twenty-six hours bility. Furthermore, consideration must be and their analytic needs are quite different. ago, when the House began this historic de- given to the impact that such a change will It is unfortunate that this Member’s amend- bate to create a new Homeland Security De- have on agency core activities which do not ment was not made in order as it would have partment, it was my hope and expectation that have a direct interface with the war on ter- made a critical improvement to the final bill. I would be able to support this legislation on rorism, such as Customs collecting duties and Without this authority for the Department of final passage. In light of the terrorist strikes of the Coast Guard rescuing people at sea. participate in the tasking for the collection of September 11, and the continued threat, I Many are concerned that these non-security foreign intelligence, we will have a major and strongly believe we need to reorganize the missions may be diluted under the new de- continuing gap in information which the DHS federal government to better address the dan- partment’s mission to fight terrorism. will need to do its job well in protecting our gers facing our nation. In the few days available, an attempt was citizens and homeland. It is this Member’s The bill as reported to the House by the Se- made by ten authorizing committees to hold hope that the other body may include this au- lect Committee on Homeland Security fell hearings and formulate recommendations on thority. short in a number of key areas. During the how they thought the plan should be imple- Mr. Chairman, this Member has grave con- long amendment process of the last two days, mented. But after all was said and done, the cerns about the overall approach to the cre- I regret that the House voted down amend- 9-member Select Committee on Homeland ation of the Department of Homeland Security ments that would have improved this bill. As a Security dismissed many of those rec- as proposed by the Administration. Its drafting result, I cannot support this legislation at this ommendations and gave the Administration may well have been a defensive reaction to a time. most of its wants, irrespective of the wishes of proposal by the junior Senator from Con- I am particularly disappointed that the many lawmakers. necticut (Mr. LIEBERMAN) and by other Mem- amendment offered by Representative Ober- In particular, I am concerned over the White bers of Congress from both houses. The pro- star was rejected. This is not the time to ex- House’s desire to deviate from established posal presented to the Congress has all the tend the deadline for airports to install the ex- federal labor practices and protections such as indicators of a proposal too hastily prepared plosive detection equipment that is critically collective bargaining rights, the potential for and of one that was drafted in too much isola- needed to check airline passenger luggage for the Administration to assume too much fiscal tion. It was understandable in that its prepara- bombs. Last fall, this House voted overwhelm- power by shifting funds among agencies with- tion was a process so heavily guarded—re- ingly to have this equipment in place by the out Congressional oversight or approval, and stricted to relatively very few people—in order end of this year. There is no good reason to the diminishment of non-security roles. With to avoid the otherwise inevitable massive in- extend that deadline for another twelve such a short time to stimulate national debate ternal campaign of bureaucratic turf-protection, months as this bill does. and to review the above issues, I can not sup- pre-emptive opposition campaigns from a wide I hope that this and other flaws in the House port this measure. variety of interests, and the immediate opposi- bill be addressed in conference with the Sen- Mr. LEWIS of Georgia. Mr. Chairman, it is tion of competing congressional authorizing ate. This is the largest reorganization of the impossible for me to support this legislation. It and appropriations committees while the con- Federal Government ever attempted. It con- is not constitutional, it is not just, and it is not sideration and drafting was underway. cerns the security of our nation and the safety fair. The proposal had whole agencies, bureaus, of every American. With so much at stake, we This bill would strip hundreds and thou- or divisions shifted to the DHS when very should get it right. I believe we can and must sands of Federal employees of their labor pro- major parts of such units clearly don’t belong do better. I will continue my efforts to strength- tections. It would deprive hundreds of millions in the DHS. Fortunately, the House has cor- en and improve this bill as we go to con- of American citizens of their civil liberties and rected a few of the most egregious ference with the Senate. fundamental rights. misplacements. Mr. PASTOR. Mr. Chairman, it is with great This bill is nothing less than a power grab A lean, well-organized DHS would have reluctance that I must oppose H.R. 5005, the by our President and this administration. It been the way to proceed. This is an absolutely Homeland Security Act. would be the largest consolidation of power in huge bureaucracy being created with very dis- The tragic events of September 11 thrust recent American history. parate parts. Merging the employees and their this nation across the threshold into an entirely By denying our citizens their basic rights, agencies’ cultures into an efficient and effec- new world where terrorism is a real and viable but giving this administration overwhelming tive DHS will be an incredibly difficult feat. It threat to the well-being of all Americans. For power, this bill would effectively declare Mar- will result in an unnecessarily long number of that reason, I supported the President when shall law. It would violate the Constitution and years to put in place when the security of our he recommended that we create a new de- the Bill of Rights. country demands an expeditious reorganiza- partment to address the prevention and im- Even the name—‘‘Homeland Security’’ con- tion of our government. Undoubtedly too, the pacts of terrorists. However, our experience jures images of Banana Republics where indi- prospects for increased costs to attain these with forming new cabinet posts in the past has viduals rights are a mere afterthought. This is undesirable results are certain and highly taught us that this is an undertaking that America. Our government does not deny our under-estimated. should be done in a careful and deliberate citizens fundamental rights in the name of This Member’s only hope is that the Senate manner, not one that is rushed to meet an ar- homeland security. We are greater than that. version and results of a House-Senate con- bitrary deadline. We are better than that. ference will give us a much smaller, refined The reorganization as proposed by the As Thomas Jefferson said, ‘‘the price of and properly focuses DHS, but from all ac- President would create the third-largest Cabi- freedom is eternal vigilance.’’ My Colleagues, counts of expected action in the other body, net department, in terms of personnel, by let us heed the warning of the author of our that appears to be unlikely. Practically no combining 22 federal agencies with 170,000 to Bill of Rights. It is time to be vigilant. Now is Member of Congress wants to oppose the cre- 225,000 employees and a total budget of the time to stand up for all of our citizens. ation of a DHS, especially during the war on $37.5 billion. However, that budget estimate Now is the time to do what is right.

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00090 Fmt 4634 Sfmt 9920 E:\CR\FM\A26JY7.253 pfrm17 PsN: H26PT1 July 26, 2002 CONGRESSIONAL RECORD — HOUSE H5883 Do not deny our people their fundamental I implore my colleagues to consider that this In congressional hearings, members of both rights. Vote ‘‘no’’ on this ill-conceived bill. measure is in need of refinement, and that if parties have made it clear that the administra- Mr. BENTSEN. Mr. Chairman, I regrettably we do not resolve these outstanding issues, tion is overreaching, especially with regard to rise in opposition to H.R. 5005, the Homeland all this debate and consideration will be coun- whistle-blowers and exemptions to the Free- Security Act of 2002, which establishes a De- terproductive and harmful to our nation. dom of Information Act. The need for whistle- partment of Homeland Security, as an execu- Ms. EDDIE BERNICE JOHNSON of Texas. blowers and for their protection was evidenced tive department of the United States, headed Mr. Speaker, I rise to express my deep skep- by the recent cases of Special Agent Coleen by a Secretary of Homeland Security. ticism the Homeland Security Act of 2002. We Rowley and of two Immigration and Natu- Mr. Speaker, while I support the core con- are rushing to undertake the most dramatic re- ralization Service agents disciplined for reveal- cept of H.R. 5005, as I believe that our gov- organization of the federal government in dec- ing how thin security is along the U.S.-Cana- ernment is sorely in need of reorganization to ades, and I am uncertain whether the particu- dian border. These examples argue for ex- anticipate, prevent and react to potential future lars of this plan are well thought out. tending whistle-blower protection to the FBI, terrorist attacks on our soil, I have strong con- As a member of the Transportation and In- not withdrawing it from the INS, which could cerns with several aspects of this measure, frastructure Committee I have heard my friend be part of the Homeland Security Department. especially those that should never have be- Mr. OBERSTAR speak about the deliberative In June, I sponsored H. Res. 436, com- come political issues. Certainly, when it comes process that went into the creation of the De- mending Special Agent Coleen Rowley for to defending our nation and prosecuting our partment of Transportation in 1966. That effort outstanding performance of her duties. As a war on terrorism, we must spare no expense. took over 9 months, and the final product has former district attorney, I know any law en- Those entities who attacked us on that unfor- produced lasting benefits for Americans. forcement organization is only as good as its tunate day on September 11, 2001 cruelly ex- In comparison, we are rushing this bill in people and their ability to gather and analyze ploited our weaknesses, and it is our responsi- less than 9 weeks. We are pulling together information. FBI agent Rowley courageously bility to make sure that we close all the gaps disparate elements from all over the federal came forward to reveal critical breakdowns in in our national safety infrastructure. government. I am uncertain whether these the FBI’s information gathering processes be- Neither should we spare the principles of pieces really do fit together, and even if they fore September 11. She did this without any democracy we seek to defend in this very bill. do, it will take years for them to come together regard for her own career or prospects for ad- And our desire to move quickly to arrest the as a coherent department that protects the vancement. Agent Rowley personifies the homeland. threat should not be done with such haste as American tradition of demonstrating integrity I strongly object to partisan manner in which to not fully comprehend the model, structure and selflessness in the service of our nation. the bill’s authors are, under the guise of and mission we wish of this new mega-De- Experts have been saying for years that the homeland security, assaulting the civil service partment. But in fact, Mr. Speaker, after two U.S. needed a Department of Homeland Se- days of debate, I am afraid that is exactly protections of our nation’s federal workers. There is no justification for this proposal. If curity. A Department of Homeland Security is what we are doing, and thus I am voting to- we are to maintain the morale and profes- essential to coordinating the U.S. war on ter- night not against the concept of a Department sionalism of employees of the new depart- rorism. Arguably our tactical and strategic mis- which better coordinates our efforts, but ment, they will need the basic protections that sions and goals have been forever changed against the plan as it has been laid before us we afford all other federal workers. since the events of September 11th. H.R. in the hope that deliberation in the other body Finally, I wish to reiterate that the provisions 5005 is a bipartisan piece of legislation with and in conference will yield a better, more effi- to push back by one year the deadline for de- input from all House standing committees with cient product. ployment of EDS equipment at the nation’s jurisdiction. H.R. 5005 also shows what Con- H.R. 5005, as it stands, is not the ideal so- airports do not belong in this bill. As I indi- gress can actually achieve when given a lution to this problem. The defeat of Rep- cated earlier, the prudent course of action is to deadline and an issue above the fray of par- resentative MORELLA’s amendment will subject wait for the DOT IG’s recommendation forth- tisan politics. employees to less protection from political in- coming in late August. We will have plenty of Mr. COSTELLO, Mr. Chairman, I rise today terference than is now the standard. The bill time to address this issue when we come to oppose H.R. 5005, legislation to create a goes too far in exempting this new, powerful back from the recess. cabinet-level Department of Homeland Secu- department from contractor liability and the Because of the aforementioned reasons, I rity, and I urge my colleagues to do the same. Freedom of Information Act, exceeding that intend to vote against final passage today. I This experience reminds me of the efforts of which is already afforded to other national se- do so with great misgiving because it would President Clinton to overhaul our nation’s curity entities such as the Department of De- be ideal for members to stand together in a healthcare system. As with that plan, Presi- fense. The bill would gut ‘‘whistle blower’’ pro- united front in our war against terrorism. dent Bush’s homeland security proposal, while tections, further subjecting employees to the It is my sincere hope that the Senate will fix well intended, goes too far, too fast in creating potential of political interference and intimida- the defects in the bill we pass today and that a massive new Federal agency that may well tion. Surely we have learned from our recent conferees will produce a final product I can add to the current problems in the system— experiences with the Federal Bureau of Inves- support. not solve them. tigation that rank-and-file employees need to Mr. MOORE. Mr. Chairman, in October, I Creating a new federal agency and 170,000 be allowed to speak up. And, Mr. Speaker, the co-sponsored H.R. 3026, the Office of Home- employees with a budget of $38 billion is not adoption of Representative ROGER’s amend- land Security Act of 2001, to establish an Of- something that the Congress should rush into ment seeks to undermine the longstanding fice of Homeland Security within the Executive without proper planning or without under- concept of ‘‘posse comitatus’’ by opening the Office of the President. Eight months later, standing the ramifications of this action. In an- door for domestic police action by our armed President George W. Bush gave impetus to nouncing his plans to create a Department of forces, something which goes against the very the creation of a Department of Homeland Se- Homeland Security just a few weeks ago, the essence of our system of government. curity, and Congress has been given a week President said that the new agency could be Indeed, should H.R. 5005 become law, we to give it our stamp of approval. The primary created at no cost to the taxpayers. The Con- will see the largest reorganization and outward issue for Congress and the President is what gressional Budget Office now estimates that it growth of the federal government in decades, the program composition and administrative will cost about $3 billion to create and imple- all done without sufficient, thoughtful consider- organization of the new department should be, ment this new department. ation on how this will affect the responsibilities unfortunately with only a few weeks, we had Mr. Chairman, I urge the President to with- and organization of numerous Cabinet Depart- to craft the best legislation possible. draw his plan and attempt to address the ments and agencies. All of us want to do what As proposed, the administration bill would issue of homeland security in a thoughtful and we can to protect the nation, but we should do permit the Secretary of Homeland Security to deliberative manner, and I urge my colleagues it right. choose how or whether their employees would to vote against it. As this measure takes further steps in the be covered by current legal protections Ms. SCHAKOWSKY. Mr. Chairman, I rise in Congress toward final passage, I am hopeful against reprisal when they call attention to in- opposition to the measure we are considering that these key issues are resolved in a man- stances of agency misfeasance. The bill also today, the Homeland Security Act of 2002. ner that is in the best interests of all parties af- would exempt from the Freedom Of Informa- Since September 11, it has become abun- fected, and that we will one day have a De- tion Act (FOIA) any information about infra- dantly clear that we must change the way we partment of Homeland Security that offers structure vulnerabilities given to the Homeland conduct national security in this country and unrivaled protection. Therefore, Mr. Speaker, Security Department by any private or non- we must address our security shortfalls with as the measure stands, I oppose H.R. 5005. federal entity. aggressive, decisive actions. We all agree we

VerDate Jul 25 2002 04:35 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00091 Fmt 4634 Sfmt 9920 E:\CR\FM\A26JY7.257 pfrm17 PsN: H26PT1 H5884 CONGRESSIONAL RECORD — HOUSE July 26, 2002 must do more to protect our country from cities across the country—are having difficulty safe. Many on the Republican side have ar- threats posed by those who wish us harm and attracting and retaining qualified employees, gued that the task of providing equipment to those who wish to alter the way we live our this bill could turn employees of the new de- secure our planes and prevent terrorist de- lives. There is no question that all members partment into second class workers. What kind vices from making their way on board is too want to protect the American public. Unfortu- of a signal will we send to those federal work- costly. I would submit that we cannot afford to nately, the bill we are considering today does ers if we ask them to move and tell them that do otherwise. not take the right approach to accomplishing they will lose many of the guaranteed rights Finally, this bill is flawed because it provides that goal. that they now enjoy? How many of those an exemption from liability for manufacturers At the outset of this process, I said that any workers will decide to leave federal service of equipment used for national security pur- new proposal to address our national security and move to the private sector? For those poses. This broad protection for industry shortfalls must pass three basic tests. First, workers who do stay, how can we expect would apply even if company officials willfully the plan must actually make us safer. Second, them to demonstrate high morale and commit- neglect the welfare of the public in order to the plan must not compromise our precious ment when they know that they lack the same make profits. If a new bomb-detection ma- civil liberties or rights. Finally, the critical non- rights as their federal colleagues in other chine company knows that its product is not security functions of government entities must agencies? reliable but does not inform the government, not be compromised. This legislation fails to Congress enacted civil service protections we will not be able to seek legal recourse if adequately address those critical tests. and collective bargaining rights so that we that company’s product, as anticipated by The bill before us today creates a new De- could attract the very best to government serv- company officials, fails to work and leads to partment of Homeland Security. As we de- ice. We should not give this or any other Ad- loss of life. bated the bill originally proposed by the Ad- ministration the right to take them away. As September 11 made us all painfully aware ministration, we were able to make several we stand together to fight terrorism, we should of the limitations of our current national secu- significant improvements to it. I am pleased also stand together for the rights and well rity and anti-terrorism apparatus. We have be- that the legislation includes a provision estab- being of federal workers. come painfully aware of the shortcomings of lishing an Office of Civil Rights and Civil Lib- The House also missed an opportunity the FBI and CIA. And we have become pain- erties within the new department. I offered an today to provide real protections for whistle- fully aware of the need to act decisively to cor- amendment to accomplish that goal during the blowers. I offered an amendment that would rect our flawed system. If we want to be able to prepare our nation Government Reform Committee’s consider- guarantee American patriots who come for- and to guarantee America’s security, we must ation of this bill and was glad to see that pro- ward to expose improprieties and threats to improve communications, invest in language vision maintained. our security a guarantee that, if they are retali- I would also like to draw my colleagues’ at- ated against for their actions, they will have a translation capabilities, invest in our public tention to the issue of immigration and the or- right to legal recourse. Sadly, under the cur- health infrastructure, provide necessary train- ing and resources to emergency first respond- ganization of immigration services. I come rent inadequate whistle-blower provisions in ers and focus on improving the capabilities from an immigrant-rich district. Their contribu- the bill, those who risk their future to shed and the capacity of state and local authorities, tions to our community demonstrate how im- light on issues of concern to the public will and more. Moving the boxes from one agency portant it is to ensure that newcomers to this have no guarantees and no real protection. By to another will not accomplish these important country are received in a fair and considerate withholding very basic rights and protections tasks. manner. It is critical that, however immigration for whistle-blowers, we are actually subjecting Unfortunately, this bill fails to address even and naturalization services are structured, the the American public to greater risk because the most obvious and immediate concerns. In- quality and efficiency of the services offered to those with information that should be shared stead, what the President and the Republicans immigrants are not compromised, and are in with Congress or the public will be reluctant to in the House put forth is a massive reorga- fact improved. do so—leaving us in the dark about threats we nization of the federal government, nothing For that reason, I have worked hard to help might otherwise be able to eliminate. more than a reshuffling of the deck, with a few secure various provisions in this bill that will This bill creates an exclusion from the Free- added tools for the Administration. Simply provide immigrants with a place to turn if they dom of Information Act to all information deal- shifting people and agencies will not make have complaints and will hold immigration offi- ing with infrastructure vulnerabilities and is vol- America safer and that is all we will accom- cials accountable for doing their job with dili- untarily submitted to the new department. This plish if we pass this bill. I urge all members to gence and fairness. First, this bill establishes is an unnecessary provision because, under reject this flawed legislation and to focus on an Ombudsman’s office to assist individuals current law, the government already has the efforts that will actually enhance our security and employers in resolving problems with citi- authority to exempt from FOIA information that and maintain our American way of life. zenship and immigration services. meets one of several standards, including that Mr. BUYER. Mr. Chairman, I rise in strong Second, this bill would require the new Bu- which is related to national security and trade support of H.R. 5005, the Homeland Security reau of Citizenship and Immigration Services secrets. While the current law simply requires Act, and am pleased to be an original cospon- to report on how it is handling its immigration the Administration to review information volun- sor of the legislation. caseload. This provision includes reporting re- tarily submitted for possible exemptions from With this legislation, we will organize and quirements on how many applications the Bu- FOIA, this bill provides a blanket exclusion, focus on the resources of the executive reau receives and how many it is able to proc- thereby removing the discretion of the Admin- branch of the federal government on the task ess; how it is addressing the enormous back- istration completely. Even worse, the same of ensuring the security and safety of our citi- log that exists; and whether people requiring section of the bill preempts state and local zens inside our borders. While many of the immigration and naturalization services have good government and openness laws. functions of the new Department have been adequate access to the Bureau and the serv- This bill also exempts committees created performed by dedicated federal employees for ices it offers. These are critical data that will by the Secretary of Homeland security from many years, such as insuring the quality of im- allow us to hold this new Bureau accountable the Federal Advisory Committee Act. This ported food and public health needs, a new di- for addressing the concerns that have been would allow the Secretary to create secret fo- mension will be added to the tasks of the new raised over the years about how the INS has rums where lobbyists for all sorts of special in- Department: that of preventing terrorist attacks performed its duties. terests could push their agendas with the Ad- within the United States and reducing the vul- While the improvements made to the bill are ministration without concern that the public nerability of the United States to further ter- important, there are a number of serious prob- would find out and regardless of whether their rorist attacks. This is a high calling. lems with this legislation that force me to vote discussions are about security or business I am pleased that the Select Committee against it. goals. maintained the transfer of the Coast Guard This bill gives broad new authority to the The legislation before us today negates the and the Federal Emergency Management President to reorganize the massive federal Congressionally-mandated requirement that all Agency to the new Department of Homeland workforce created by this legislation. The bill airports have the ability to screen checked Security. The Coast Guard will play a signifi- gives the President an excuse to disregard baggage for explosives. One of our most cant role in maintaining the security of our bor- and to take away hard-won civil service pro- frightful and realistic vulnerabilities is the sta- ders, the longest of which is our coastlines. It tections and collective bargaining rights for tus of our air travel system in this country. It is also crucial that FEMA’s expertise be employees of the new Department. is a sad message to send to our constituents tapped by the Department when plans are de- At a time when agencies throughout the fed- and the flying public that we are not willing to veloped to respond quickly to the damage and eral government—in Washington, D.C. and in do what it takes to ensure the skies are truly recover of local communities.

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00092 Fmt 4634 Sfmt 9920 E:\CR\FM\A26JY7.262 pfrm17 PsN: H26PT1 July 26, 2002 CONGRESSIONAL RECORD — HOUSE H5885 Let me also express my support for provi- (b) TAX HAVEN COUNTRY DEFINED.—For allow companies to do business with sions in the legislation that give the new De- purposes of subsection (a), the term ‘‘tax our government and bid on our govern- partment the authority to assist with the haven country’’ means each of the following: ment contracts when they have an ad- Barbados, Bermuda, British Virgin Islands, vantage over their competitors because cybersecurity of information systems of federal Cayman Islands, Commonwealth of the Ba- agencies. The Secretary will have the duty to hamas, Cyprus, Gibraltar, Isle of Man, the these companies are not paying any evaluate the security of federal systems; assist Principality of Monaco, and the Republic of taxes. federal agencies with the identification of risks; the Seychelles. We have got to change the tax law. and conduct research and development on se- (c) WAIVER.—The President may waive sub- We have got to make sure that compa- curity techniques. section (a) with respect to any specific con- nies do not profit by doing business I commend the Majority Leader for working tract if the President certifies to the Con- with the government and are not will- through the difficult issues in the creation of gress that the waiver is required in the inter- ing to support this government. We are the new Department and I believe he has est of national security. in time of war, and I think it is essen- brought to the floor a product worthy of our Ms. DELAURO (during the reading). tial that tonight we send a strong mes- consideration and passage. Mr. Speaker, I ask unanimous consent sage of corporate responsibility to The CHAIRMAN pro tempore. The that the motion to recommit be consid- America’s corporations and say it is question is on the committee amend- ered as read and printed in the RECORD. time to stop this practice. Vote for this ment in the nature of a substitute, as The SPEAKER pro tempore. Is there motion to recommit. amended. objection to the request of the gentle- Ms. DELAURO. Mr. Speaker, I yield 2 The committee amendment in the woman from Connecticut? minutes to the gentleman from Con- nature of a substitute, as amended, was There was no objection. necticut (Mr. MALONEY). agreed to. The SPEAKER pro tempore. The gen- Mr. MALONEY of Connecticut. Mr. The CHAIRMAN pro tempore. Under tlewoman from Connecticut (Ms. Speaker, I thank the gentlewoman for the rule, the Committee rises. DELAURO) is recognized for 5 minutes yielding me this time. Accordingly, the Committee rose; in support of her motion to recommit. Mr. Speaker, corporate expatriates and the Speaker pro tempore (Mr. Ms. DELAURO. Mr. Speaker, I yield benefit from over $2 billion in lucrative HASTINGS of Washington) having as- myself 1 minute. government contracts from large con- sumed the chair, Mr. SWEENEY, Chair- Every Member of the House should sulting deals with the United States man pro tempore of the Committee of support this motion to recommit which Government agencies, to equipping air- the Whole House on the State of the bans the Department of Homeland Se- port screeners, to providing tools and Union, reported that that Committee, curity from contracting with corpora- equipment to the Department of De- having had under consideration the bill tions which operate in America but in- fense. (H.R. 5005) to establish the Department corporate overseas to avoid paying U.S. Stanley Works of Connecticut, which of Homeland Security, and for other taxes. Corporate expatriates should not is attempting to expatriate, received purposes, pursuant to House Resolution continue to benefit from government $5.6 million in government contracts in 502, he reported the bill back to the largess, but they do, billing $2 billion a fiscal year 2001, and 92 percent of those House with an amendment adopted by year in government contracts. government contracts were for defense the Committee of the Whole. Not only have these companies aban- and homeland security-related items. The SPEAKER pro tempore. Under doned their responsibilities to our Our national security should not de- the rule, the previous question is or- country, they put responsible cor- pend on companies that are overseas or dered. porate citizens at a disadvantage. We that are American companies that Is a separate vote demanded on any benefit from private sector expertise, have moved overseas. amendment to the committee amend- and we want to reward their creativity Stanley Works and other expatriate ment in the nature of a substitute and their entrepreneurial spirit, but we corporations do not want to pay for our adopted by the Committee of the should not reward them for refusing to defense and national security, but they Whole? If not, the question is on the pay their taxes and their responsibility want to reap the fruits of it. They turn amendment. as U.S. citizens. their backs on America at the same The amendment was agreed to. The truth is the war on terrorism time they reach out their hands for the The SPEAKER pro tempore. The costs money. $500 million of the rev- money of American taxpayers. This is question is on the engrossment and enue lost by those corporations could wrong and this must stop, and this mo- third reading of the bill. buy 500 explosive detection systems, tion will help to stop this abusive prac- The bill was ordered to be engrossed which are badly needed at airports tice of some of the leading corpora- and read a third time, and was read the across this country. These companies tions that have expatriated or plan to third time. have abandoned our country at a crit- do so. MOTION TO RECOMMIT OFFERED BY MS. ical time in our history. They leave Mr. Speaker, I urge Members to sup- DE LAURO seniors, our soldiers fighting overseas, port this very important motion. Ms. DELAURO. Mr. Speaker, I offer a and our good corporate citizens with Ms. DELAURO. Mr. Speaker, I yield motion to recommit. the cost of war on terrorism. They the balance of my time to the gen- The SPEAKER pro tempore. Is the should not be rewarded with contracts tleman from Texas (Mr. DOGGETT), a gentlewoman opposed to the bill? from the very department charged with member of the Committee on Ways and Ms. DELAURO. I am, Mr. Speaker, in securing our safety. They should pay Means where a similar amendment was its present form. American taxes on American profits. passed. The SPEAKER pro tempore. The Mr. Speaker, I yield 1 minute to the Mr. DOGGETT. Mr. Speaker, motions Clerk will report the motion to recom- gentleman from Texas (Mr. TURNER). like this are routinely condemned with mit. Mr. TURNER. Mr. Speaker, the over- the throw-away claim that they are The Clerk read as follows: whelming majority of the American ‘‘partisan.’’ Well, tonight, let us be Ms. DeLauro moves to recommit the bill, people play by the rules every day, and American partisans. Let us be partisan H.R. 5005, to the Select Committee on Home- land Security with instructions to report the they pay their taxes. I cannot explain to the loyal businesses that stay and same back forthwith with the following to those folks why in the world an pay their fair share to keep America amendment: American corporation can relocate in a strong at her time of need. Page 173, after line 12, insert the following: tax haven overseas with just a Post Of- Corporations that have renounced SEC. 735. PROHIBITION ON CONTRACTING WITH fice box and a corporate certificate, America have been lobbying overtime CORPORATE EXPATRIATES. and avoid paying any taxes. I cannot all over this Capitol complex this week (a) IN GENERAL.—The Secretary may not explain to hard-working Americans to stop this motion. They will not pay enter into any contract with a subsidiary of how their tax dollars can go to buy their fair share, but they are sure a publicly traded corporation if the corpora- tion is incorporated in a tax haven country goods and services from those compa- ready to take their fair take of govern- but the United States is the principal mar- nies that do not even contribute to the ment business. American companies ket for the public trading of the corpora- cost of our government. I cannot ex- that stay and contribute to building tion’s stock. plain to the American people how we this country, to keeping her secure at

VerDate Jul 25 2002 04:35 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.266 pfrm17 PsN: H26PT1 H5886 CONGRESSIONAL RECORD — HOUSE July 26, 2002 home and abroad, they deserve a level other foreign countries is less than 10 will reduce to 5 minutes the minimum playing field on which to compete. percent? Do we want to, in fact, en- time for any electronic vote on the If a Bermuda-bound company does courage further with this kind of legis- question of passage. not have to pay taxes on some of its in- lation American firms to trade in Eu- The vote was taken by electronic de- come, of course it can underbid those ropean or Japanese exchanges? Why vice, and there were—ayes 318, noes 110, who stay loyal to America, pay their stock? How about debt? Or employees? not voting 5, as follows: taxes, and work here at home. We Or other corporate connections? Why [Roll No. 366] should send those who come here pack- are some tax havens defined and not ing when they seek Federal contract others? Does the gentlewoman like AYES—318 dollars, and yet will not contribute to some countries with lower tax rates Abercrombie Ferguson Lucas (KY) the security of our country. better than she likes other countries Ackerman Filner Luther Aderholt Fletcher Lynch I recall a communication from a with lower tax rates? Allen Forbes Maloney (CT) company in Houston that had this very Mr. Speaker, one of the concerns that Andrews Ford Maloney (NY) type of situation where a competitor is often times expressed about cor- Baca Fossella Manzullo exited, while it remained based in porate inversions is the suggestion Bachus Frank Markey Baird Frost Mascara Texas loyal to all of us here at home. that jobs are lost by American employ- Baldacci Gallegly Matheson Tonight, let us together send a bipar- ees. If indeed you deny to American Baldwin Ganske Matsui tisan message that if companies want a firms producing product in this coun- Ballenger Gekas McCarthy (MO) try the ability to sell to the Federal Barcia Gephardt McCarthy (NY) slice of the American pie, they had bet- Barrett Gilchrest McCollum ter help bake it. Government, will that not result in Bartlett Gilman McDermott Mr. ARMEY. Mr. Speaker, I claim real job losses before their employees? Bass Gonzalez McGovern the time in opposition to the motion to Under this motion to recommit, you Becerra Goode McHugh could have a longstanding United Bentsen Goodlatte McInnis recommit. Berkley Gordon McIntyre The SPEAKER pro tempore. The gen- States or Swiss company that incor- Berman Graham McKinney tleman from Texas (Mr. ARMEY) is rec- porated long ago in Monaco and that Berry Granger McNulty ognized for 5 minutes. happens to have the best new tech- Bilirakis Graves Meek (FL) nology for fighting terrorists, but this Bishop Green (TX) Meeks (NY) Mr. ARMEY. Mr. Speaker, I yield Blagojevich Green (WI) Menendez myself such time as I may consume. entity would be prohibited from help- Boehlert Greenwood Mica Mr. Speaker, let me appreciate the ing us fight the scourge of terrorism. Is Bonilla Grucci Millender- Bonior Gutierrez McDonald concern that the gentlewoman ex- this what we want? Unbelievably, the result of this mo- Bono Gutknecht Miller, George presses over the burden of our taxes Boozman Hall (OH) Miller, Jeff that make American corporations un- tion to recommit could be that we Borski Hall (TX) Mink would be hampered in our mission to Boswell Harman Mollohan dertake regrettable action. Boucher Hastings (FL) Moore Mr. Speaker, that is just one of the secure the homeland for reasons that have nothing to do with so-called cor- Boyd Hayes Moran (KS) burdens of our current Tax Code that Brady (PA) Hefley Moran (VA) porate inversions. Perhaps an inad- would be corrected by the flat tax. But, Brown (FL) Hill Morella vertent result, but a result nonethe- Brown (OH) Hilleary Murtha Mr. Speaker, I think everybody in the less. Brown (SC) Hilliard Myrick body would agree that tonight on this Bryant Hinchey Nadler Mr. Speaker, in summary, this poorly Burton Hinojosa Napolitano subject on this bill, is not the time to drafted motion to recommit is not be talking about tax reform. Cantor Hoeffel Neal about homeland security but about Capito Holden Northup b 2045 homeland politics. After a serious, Capps Holt Norwood Capuano Honda Nussle We ought to be talking, ladies and thoughtful and bipartisan 7-week proc- Cardin Hooley Oberstar gentlemen, about the security of our ess by this Congress to respond to the Carson (IN) Hoyer Obey Nation, homeland security. And that, President’s challenge, I am dis- Carson (OK) Inslee Olver appointed that this would be the final Castle Isakson Ortiz Mr. Speaker, is my point. Chabot Israel Ose This issue has nothing to do with issue before we vote on this historic Chambliss Issa Owens homeland security. Mr. Speaker, I am legislation to protect our families from Clay Jackson (IL) Pallone Clayton Jackson-Lee Pascrell disappointed that after 2 days of con- the very real threat of terrorism. I would urge the Members of this Clement (TX) Pastor structive discussion on how best to Clyburn Jefferson Payne body to vote ‘‘no’’ on this motion to re- protect our homeland, we are dealing Condit Jenkins Pelosi commit, and I strongly urge a resound- Conyers John Pence with a motion to recommit that relates ing ‘‘yes’’ vote on final passage of this Cooksey Johnson (CT) Peterson (MN) to politics. Costello Johnson (IL) Petri historic bill. Coyne Johnson, E. B. Phelps Mr. Speaker, the gentlewoman has a Mr. ARMEY. Mr. Speaker, I yield right to offer this motion, and I would Cramer Jones (NC) Pickering back the balance of my time. Crowley Jones (OH) Platts like to address its shortcomings: ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cubin Kanjorski Pomeroy First, the issue is being dealt with, Cummings Kaptur Price (NC) The SPEAKER pro tempore (Mr. and being dealt with in a much more Cunningham Keller Quinn HASTINGS of Washington). The Chair serious and substantive way, in the Davis (CA) Kelly Rahall would advise Members that it is in vio- Davis (FL) Kennedy (MN) Ramstad Committee on Ways and Means, the lation of the House rules to have cel- Davis (IL) Kennedy (RI) Rangel committee of jurisdiction. Hearings Davis, Jo Ann Kerns Reyes lular phones on the floor and the Chair have been held and legislation has been Deal Kildee Riley would ask Members to turn off their DeFazio Kilpatrick Rivers introduced that actually addresses the phones. DeGette Kind (WI) Rodriguez underlying problems that lead to the Without objection, the previous ques- Delahunt King (NY) Roemer DeLauro Kingston Rogers (KY) most regrettable and deplorable proc- tion is ordered on the motion to recom- ess of corporate inversions. Deutsch Kirk Rogers (MI) mit. Dicks Kleczka Ross Second, Mr. Speaker, even if this There was no objection. Dingell Kucinich Rothman were the right place to deal with this The SPEAKER pro tempore. The Doggett LaFalce Roybal-Allard issue, this motion to recommit creates Dooley Lampson Royce question is on the motion to recommit. Doyle Langevin Rush more questions than answers. Clearly, The question was taken; and the Duncan Lantos Ryan (WI) this was not written by one of our Speaker pro tempore announced that Edwards Larsen (WA) Sabo standing committees. For example, Mr. the noes appeared to have it. Ehrlich Larson (CT) Sanchez Emerson Latham Sanders Speaker, what does it mean when it RECORDED VOTE Engel Leach Sandlin says that a corporation has the United Ms. DELAURO. Mr. Speaker, I de- Eshoo Lee Sawyer States as, and I quote, ‘‘the principal mand a recorded vote. Etheridge Levin Saxton market for public trading of the cor- Evans Lewis (GA) Schakowsky A recorded vote was ordered. Everett LoBiondo Schiff poration’s stock’’? Does that mean 10 The SPEAKER pro tempore. Pursu- Farr Lofgren Scott percent of trading, if trading in all ant to clause 9 of rule XX, the Chair Fattah Lowey Serrano

VerDate Jul 25 2002 03:15 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\K26JY7.195 pfrm17 PsN: H26PT1 July 26, 2002 CONGRESSIONAL RECORD — HOUSE H5887 Shays Sullivan Visclosky CUNNINGHAM, SKEEN, WELDON of RECORDED VOTE Sherman Sununu Walsh Florida, CANTOR, ROGERS of Ken- Mr. PORTMAN. Mr. Speaker, I de- Shimkus Sweeney Wamp Shows Tanner Waters tucky, BONILLA, BROWN of South mand a recorded vote. Shuster Tauscher Watson (CA) Carolina, CHABOT and NORWOOD and A recorded vote was ordered. Simmons Taylor (MS) Watt (NC) Mrs. EMERSON, Mrs. CUBIN, Mrs. The SPEAKER pro tempore. This Skeen Thompson (CA) Waxman CAPITO, Mrs. WILSON of New Mexico, will be a 5-minute vote. Skelton Thompson (MS) Weiner Slaughter Thune O Weldon (FL) Mrs. J ANN DAVIS of Virginia, Mrs. The vote was taken by electronic de- Smith (NJ) Thurman Weldon (PA) KELLY, Mrs. BONO, Mrs. MYRICK, vice, and there were—ayes 295, noes 132, Smith (WA) Tiahrt Wexler Snyder Tierney Ms. GRANGER and Messrs. BURTON of not voting 6, as follows: Solis Toomey Whitfield Indiana, DUNCAN, HEFLEY, [Roll No. 367] Spratt Towns Wicker HILLEARY, LEACH, MCHUGH, PICK- Wilson (NM) AYES—295 Stark Turner ERING, STEARNS, STENHOLM, Stearns Udall (CO) Woolsey Aderholt Ferguson Luther Stenholm Udall (NM) Wu WAMP and WHITFIELD changed their Akin Fletcher Maloney (CT) Strickland Upton Wynn vote from ‘‘no’’ to ‘‘aye.’’ Allen Foley Maloney (NY) Stupak Velazquez Young (FL) So the motion to recommit was Andrews Forbes Manzullo Armey Ford Mascara NOES—110 agreed to. Bachus Fossella Matheson Akin Hansen Pryce (OH) The result of the vote was announced Baird Frelinghuysen McCarthy (MO) Armey Hart Putnam as above recorded. Baker Frost McCarthy (NY) Baker Hastings (WA) Radanovich Baldacci Gallegly McCrery Barr Hayworth Regula b 2126 Ballenger Ganske McHugh Barton Herger Rehberg Mr. ARMEY. Mr. Speaker, with com- Barcia Gekas McInnis Barr Gibbons McIntyre Bereuter Hobson Reynolds pliments to the gentlewoman from Biggert Hoekstra Rohrabacher Barrett Gilchrest McKeon Blumenauer Horn Ros-Lehtinen Connecticut (Ms. DELAURO), pursuant Bartlett Gillmor Mica Boehner Hostettler Ryun (KS) to the instructions of the House on the Barton Gilman Millender- Bass Brady (TX) Houghton Schaffer Goodlatte McDonald motion to recommit, I report the bill, Bereuter Gordon Miller, Dan Burr Hulshof Schrock H.R. 5005, back to the House with an Berkley Goss Miller, Gary Buyer Hunter Sensenbrenner Berry Graham Miller, Jeff Callahan Hyde Sessions amendment. Biggert Granger Moore Calvert Istook Shadegg The SPEAKER pro tempore (Mr. Bilirakis Graves Morella Camp Johnson, Sam Shaw HASTINGS of Washington). The Clerk Cannon Knollenberg Bishop Green (TX) Myrick Sherwood Coble Kolbe will report the amendment. Blagojevich Green (WI) Nethercutt Simpson Collins LaHood The Clerk read as follows: Boehlert Greenwood Ney Smith (MI) Cox LaTourette Boehner Grucci Northup Smith (TX) Amendment: Crane Lewis (CA) Bonilla Gutknecht Norwood Souder Page 173, after line 12, insert the following: Crenshaw Lewis (KY) Bono Hall (OH) Nussle SEC. 735. PROHIBITION ON CONTRACTING WITH Culberson Linder Stump Boozman Hall (TX) Ortiz CORPORATE EXPATRIATES. Davis, Tom Lucas (OK) Tancredo Boswell Hansen Osborne DeLay McCrery Tauzin (a) IN GENERAL.—The Secretary may not Boucher Harman Ose DeMint McKeon Taylor (NC) enter into any contract with a subsidiary of Boyd Hart Otter Diaz-Balart Miller, Dan Terry a publicly traded corporation if the corpora- Brady (TX) Hastings (WA) Oxley Doolittle Miller, Gary Thomas tion is incorporated in a tax haven country Brown (SC) Hayes Pascrell Dreier Nethercutt Thornberry but the United States is the principal mar- Bryant Hayworth Pence Dunn Ney Tiberi ket for the public trading of the corpora- Burr Hefley Peterson (MN) Vitter Burton Herger Peterson (PA) Ehlers Osborne tion’s stock. English Otter Walden Buyer Hill Phelps (b) TAX HAVEN COUNTRY DEFINED.—For Flake Oxley Watkins (OK) Callahan Hilleary Pickering Foley Paul Watts (OK) purposes of subsection (a), the term ‘‘tax Calvert Hinojosa Pitts Frelinghuysen Peterson (PA) Weller haven country’’ means each of the following: Camp Hobson Platts Gibbons Pitts Wilson (SC) Barbados, Bermuda, British Virgin Islands, Cantor Hoeffel Pombo Gillmor Pombo Wolf Cayman Islands, Commonwealth of the Ba- Capito Hoekstra Pomeroy Goss Portman Young (AK) hamas, Cyprus, Gibraltar, Isle of Man, the Capps Holden Portman Principality of Monaco, and the Republic of Cardin Hooley Price (NC) NOT VOTING—5 Carson (OK) Horn Pryce (OH) the Seychelles. Blunt Lipinski Roukema Castle Houghton Putnam (c) WAIVER.—The President may waive sub- Combest Meehan Chabot Hulshof Quinn section (a) with respect to any specific con- Chambliss Hunter Radanovich b 2124 tract if the President certifies to the Con- Clay Hyde Ramstad gress that the waiver is required in the inter- Clement Isakson Regula Mr. BLUMENAUER changed his vote Coble Israel Rehberg from ‘‘aye’’ to ‘‘no.’’ est of national security. Mr. ARMEY (during the reading). Mr. Collins Issa Reyes Messrs. THUNE, SWEENEY, CAS- Condit Istook Reynolds TLE, KERNS, PENCE, SIMMONS, Speaker, I ask unanimous consent that Cooksey Jackson (IL) Riley the amendment be considered as read Cox Jefferson Rogers (KY) KELLER, RYAN of Wisconsin, GREEN Cramer Jenkins Rogers (MI) of Wisconsin, UPTON, ROGERS of and printed in the RECORD. The SPEAKER pro tempore. Is there Crane John Rohrabacher Michigan, LOBIONDO, QUINN, Crenshaw Johnson (CT) Ros-Lehtinen objection to the request of the gen- MCHUGH, FERGUSON, BILIRAKIS, Crowley Johnson (IL) Ross tleman from Texas? Cubin Johnson, Sam Rothman GRAHAM, GEKAS, EHRLICH, SHAYS, Mr. DOGGETT. Mr. Speaker, I object. Culberson Jones (NC) Royce BRYANT, OSE, HAYES, GREENWOOD, The SPEAKER pro tempore. Objec- Cunningham Keller Rush Davis (CA) Kelly Ryan (WI) BARTLETT of Maryland, MANZULLO, tion is heard. The Clerk will continue BOEHLERT, FOSSELLA, KINGSTON, Davis (FL) Kennedy (MN) Ryun (KS) to read. Davis, Jo Ann Kennedy (RI) Sanchez CHAMBLISS, GOODE, WALSH, The Clerk concluded the reading of Davis, Tom Kerns Sandlin RILEY, BACHUS, FORBES, GRAVES, the amendment. Deal Kildee Saxton MORAN of Kansas, GOODLATTE, Delahunt Kind (WI) Schaffer The SPEAKER pro tempore. The DeLay King (NY) Schiff JEFF MILLER of Florida, HALL of question is on the amendment. DeMint Kingston Schrock Texas, COOKSEY, PLATTS, SHIMKUS, The amendment was agreed to. Deutsch Kirk Sensenbrenner YOUNG of Florida, ADERHOLT, The SPEAKER pro tempore. The Diaz-Balart Knollenberg Sessions TOOMEY, JOHNSON of Illinois, Dicks Kolbe Shadegg question is on the engrossment and Dooley LaHood Shaw WELDON of Pennsylvania, SHUSTER, third reading of the bill. Doolittle Langevin Shays KING, BASS, BALLENGER, GRUCCI, The bill was ordered to be engrossed Dreier Latham Sherwood SAXTON, SULLIVAN, GILMAN, and read a third time, and was read the Dunn LaTourette Shimkus DEAL, ISAKSON, JENKINS, Edwards Leach Shows third time. Ehlers Lewis (CA) Shuster RAMSTAD, KENNEDY of Minnesota, The SPEAKER pro tempore. The Emerson Lewis (KY) Simmons WICKER, SMITH of New Jersey, question is on the passage of the bill. Engel Linder Simpson FLETCHER, BOOZMAN, KIRK, MICA, The question was taken; and the English LoBiondo Skeen Etheridge Lucas (KY) Skelton GILCHREST, MCINNIS, GALLEGLY, Speaker pro tempore announced that Everett Lucas (OK) Smith (MI) PETRI, ISSA, EVERETT, ROYCE, the ayes appeared to have it.

VerDate Jul 25 2002 04:35 Jul 28, 2002 Jkt 099060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\A26JY7.133 pfrm17 PsN: H26PT1 H5888 CONGRESSIONAL RECORD — HOUSE July 26, 2002 Smith (NJ) Taylor (MS) Watkins (OK) AUTHORIZING THE CLERK TO The Clerk read the resolution, as fol- Smith (TX) Terry Watts (OK) MAKE CORRECTIONS IN EN- lows: Smith (WA) Thornberry Weldon (FL) Souder Thune Weldon (PA) GROSSMENT OF H.R. 5005, HOME- f Spratt Thurman Weller LAND SECURITY ACT OF 2002 Stearns Tiahrt CONFERENCE REPORT ON H.R. 3009, Wexler Mr. ARMEY. Mr. Speaker, I ask Stenholm Tiberi Whitfield TRADE ACT OF 2002 Strickland Toomey Wicker unanimous consent that in the engross- Stump Turner Wilson (NM) ment of the bill, H.R. 5005, the Clerk be Mr. THOMAS (during consideration Sullivan Udall (CO) Wilson (SC) of H.Res 507) submitted the following Sununu Upton authorized to correct section numbers, Wolf Sweeney Vitter punctuation, spelling, and cross-ref- conference report and statement on the Tanner Walden Wu erences and to make such other tech- bill (H.R. 3009) to extend the Andean Tauscher Walsh Young (AK) Trade Preference Act, to grant addi- Tauzin Wamp Young (FL) nical and conforming changes as may be necessary to reflect the actions of tional trade benefits under that Act, NOES—132 the House. and for other purposes: Abercrombie Honda Olver The SPEAKER pro tempore (Mr. CONFERENCE REPORT (H. REPT. 107–624) Ackerman Hostettler Owens HASTINGS of Washington). Is there any The Committee of conference on the Baca Hoyer Pallone objection to the request by the gen- disagreeing votes of the two Houses on Baldwin Inslee Pastor Becerra Jackson-Lee Paul tleman? the amendment of the Senate to the Bentsen (TX) Payne There was no objection. bill (H.R. 3009), to extend the Andean Berman Johnson, E. B. Pelosi f Trade Preference Act, to grant addi- Blumenauer Jones (OH) Petri Bonior Kanjorski tional trade benefits under that Act, Rahall Borski Kaptur PERSONAL EXPLANATION and for other purposes, having met, Rangel Brady (PA) Kilpatrick after full and free conference, have Brown (FL) Kleczka Rivers Mr. WATKINS of Oklahoma. Mr. Brown (OH) Kucinich Rodriguez Speaker, I ask that the RECORD show agreed to recommend and do rec- Cannon LaFalce Roemer that I was present and thought I voted ommend to their respective Houses as Capuano Lampson Roybal-Allard ‘‘aye’’ on rollcall votes 293 and 348. I follows: Carson (IN) Lantos Sabo That the House recede from its dis- Clayton Larsen (WA) Sanders was having trouble with my voting Clyburn Larson (CT) Sawyer card, and it was inaccurately recorded. agreement to the amendment of the Conyers Lee Schakowsky Senate and agree to the same with an Costello Levin Scott f amendment as follows: Coyne Lewis (GA) Serrano In lieu of the matter proposed to be Cummings Lofgren Sherman REPORT ON H.R. 5263, AGRI- Davis (IL) Lowey Slaughter CULTURE APPROPRIATIONS FOR inserted by the Senate amendment, in- DeFazio Lynch Snyder FISCAL YEAR 2003 sert the following: DeGette Markey Solis SECTION 1. SHORT TITLE. DeLauro Matsui Mr. BONILLA, from the Committee Stark This Act may be cited as the ‘‘Trade Act of Dingell McCollum Stupak on Appropriations, submitted a privi- 2002’’. Doggett McDermott Tancredo Doyle McGovern leged report (Rept. No. 107–623) on the Taylor (NC) bill (H.R. 5263) making appropriations SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; Duncan McKinney Thomas TABLE OF CONTENTS. Eshoo McNulty Thompson (CA) for Agriculture, Rural Development, (a) DIVISIONS.—This Act is organized into 5 Evans Meek (FL) Thompson (MS) Food and Drug Administration, and divisions as follows: Farr Meeks (NY) Tierney Fattah Menendez Related Agencies programs for the fis- (1) DIVISION A.—Trade Adjustment Assistance. Filner Miller, George Towns cal year ending September 30, 2003, and (2) DIVISION B.—Bipartisan Trade Promotion Flake Mink Udall (NM) Authority. Velazquez for other purposes, which was referred Frank Mollohan (3) DIVISION C.—Andean Trade Preference Visclosky to the Union Calendar and ordered to Gephardt Moran (KS) Act. Gonzalez Moran (VA) Waters be printed. Watson (CA) (4) DIVISION D.—Extension of Certain Pref- Goode Murtha The SPEAKER pro tempore. Pursu- erential Trade Treatment and Other Provisions. Gutierrez Nadler Watt (NC) ant to clause 1, rule XXI, all points of Hastings (FL) Napolitano Waxman (5) DIVISION E.—Miscellaneous Provisions. Hilliard Neal Weiner order are reserved on the bill. (b) TABLE OF CONTENTS.—The table of con- Hinchey Oberstar Woolsey f tents for this Act is as follows: Holt Obey Wynn Sec. 1. Short title. b 2145 NOT VOTING—6 Sec. 2. Organization of Act into divisions; table of contents. Blunt Ehrlich Meehan RECESS Combest Lipinski Roukema DIVISION A—TRADE ADJUSTMENT The SPEAKER pro tempore (Mr. ASSISTANCE SIMPSON). Pursuant to clause 12 of rule Sec. 101. Short title. b 2141 I, the Chair declares the House in re- TITLE I—TRADE ADJUSTMENT Messrs. MOLLOHAN, CUMMINGS, cess subject to the call of the Chair. ASSISTANCE PROGRAM LAMPSON, LEVIN, and LARSEN of Accordingly (at 9 o’clock and 56 min- Subtitle A—Trade Adjustment Assistance For Washington changed their vote from utes p.m.), the House stood in recess Workers ‘‘aye’’ to ‘‘no.’’ subject to the call of the Chair. Sec. 111. Reauthorization of trade adjustment Mr. SAXTON changed his vote from f assistance program. ‘‘no’’ to ‘‘aye.’’ Sec. 112. Filing of petitions and provision of b 2315 rapid response assistance; expe- So the bill was passed. dited review of petitions by sec- AFTER RECESS The result of the vote was announced retary of labor. as above recorded. The recess having expired, the House Sec. 113. Group eligibility requirements. was called to order by the Speaker pro Sec. 114. Qualifying requirements for trade re- A motion to reconsider was laid on tempore (Mr. SIMPSON) at 11 o’clock adjustment allowances. the table. and 15 minutes p.m. Sec. 115. Waivers of training requirements. Stated for: Sec. 116. Amendments to limitations on trade f readjustment allowances. Mr. THOMAS. Mr. Speaker, on roll- Sec. 117. Annual total amount of payments for call 367, although I would love to blame WAIVING REQUIREMENT OF training. a machine error, apparently it was a CLAUSE 6(A) OF RULE XIII WITH Sec. 118. Provision of employer-based training. human error. The gentleman from Cali- RESPECT TO CONSIDERATION OF Sec. 119. Coordination with title I of the Work- fornia recorded a ‘‘no’’ when he in- CERTAIN RESOLUTIONS force Investment Act of 1998. tended to record an ‘‘aye’’. Sec. 120. Expenditure period. Mr. REYNOLDS. Mr. Speaker, by di- Sec. 121. Job search allowances. Mr. EHRLICH. Mr. Speaker, on rollcall No. rection of the Committee on Rules, I Sec. 122. Relocation allowances. 367, I was inadvertently detained. I would call up House Resolution 507 and ask Sec. 123. Repeal of NAFTA transitional adjust- have voted ‘‘aye’’ on this important legislation. for its immediate consideration. ment assistance program.

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