[Congressional Record Volume 147, Number 99 (Tuesday, July 17, 2001)]
[House]
[Pages H4071-H4097]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2002
The SPEAKER pro tempore. Pursuant to House Resolution 192 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 2500.
{time} 1833
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 2500) making appropriations for the Departments of Commerce,
Justice and State, the Judiciary, and related agencies for the fiscal
year ending September 30, 2002, and for other purposes, with Mr.
Hastings of Washington in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from Virginia (Mr. Wolf) and the
gentleman from New York (Mr. Serrano) each will control 30 minutes.
The Chair recognizes the gentleman from Virginia (Mr. Wolf).
Mr. WOLF. Mr. Chairman, I yield such time as he may consume to the
gentleman from Florida (Mr. Young), the chairman of the full Committee
on Appropriations.
Mr. YOUNG of Florida. Mr. Chairman, I want to announce to Members
that as we begin consideration of this very important appropriations
bill that because of the heavy schedule for the floor this week, we
would like to accomplish an agreement on limiting time on amendments,
as we have done on other bills. In order to be fair to the membership,
in order to do this, I would like to urge Members who have an amendment
that they would like to have considered to this bill, that they present
that as soon as they possibly can so that as we begin to create the
universe of amendments that we will be considering, so that we will not
leave anybody out.
The schedule for the balance of the evening will be announced at a
later time by the majority leader, but at this point we are prepared to
go into the general debate on the bill.
I want to say a word of congratulations to the gentleman from
Virginia (Chairman Wolf) for the tremendous leadership that he has
shown in this, his first year as chairman of this particular
subcommittee, and also to the gentleman from New York (Mr. Serrano),
who is the ranking member. There has been a very cooperative effort
between the gentleman and the chairman. They both have done a good job.
Their staffs have worked diligently to present a good, fair bill.
Will it satisfy everybody? I know there are a lot of folks that would
like to see more money appropriated by this bill; others think it
appropriates too much. So it is probably just at about the right place.
So, again, I want to compliment the gentleman from Virginia (Chairman
Wolf), who has done an outstanding job in providing the leadership for
the subcommittee, and his partner in this effort, the gentleman from
New York (Mr. Serrano), who also has been a very constructive member of
the subcommittee in getting us to this point.
I am hopeful that we can expedite this bill. We have four other
appropriations bills, plus the conference report on the supplemental,
awaiting consideration by the House, so the sooner we can expedite this
business, the sooner we can get on to the rest of the appropriations
business.
Mr. WOLF. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I am pleased to begin consideration of H.R. 2500, the
Departments of Commerce, Justice, State, the Judiciary, and related
agencies. The bill provides funding for programs whose impact ranges
from the safety of people in their homes and communities, to the
conduct of diplomacy around the world, to predicting the weather from
satellites in outer space.
The bill before the Committee and in the House today reflects the
delicate balance of needs and requirements. We have drafted what I
consider to be a responsible bill for fiscal year 2002 spending levels
for the departments and agencies under the subcommittee's jurisdiction.
We have had to carefully prioritize the funding in this bill and make
hard judgments with regard to scarce resources.
Overall, the bill before the committee recommends a total of $38.5
billion in discretionary funding, of which $38.1 bill is general-
purpose discretionary, and $440 million is for the discretionary
conservation function. The bill is $972 million above the enacted level
for fiscal year 2001, and $600 million above the President's request.
For the Department of Justice, the bill provides $21.5 billion in
discretionary funding, $672 million above last year's level and $623
million above the President's request. This includes a $455 million
increase to address critical detention requirements to house criminals
and illegal aliens.
It also includes $5 million in support of the President's faith-based
initiative at the Federal Bureau of Prisons, including a pilot program
at Petersburg, Virginia, and Leavenworth, Kansas, Federal
penitentiaries. I firmly believe that faith can have a positive impact
on the lives of those incarcerated, and I know that we must provide
prisoners with something more positive than just putting them in
prison; and a faith-based initiative which will be open to all faiths I
believe can make a big impact in reducing recidivism.
There is a $469 million increase for the Drug Enforcement
Administration, the Federal Bureau of Investigation, and the U.S.
Attorneys to enhance Federal law enforcement's ability to fight the war
on violent crime and drugs and to combat cybercrime and national
security threats.
We have also included report language that will ensure that the
Inspector General at the Department of Justice will have the full
authority, for the first time, to investigate allegations of employee
misconduct within both the FBI and the DEA. Again, this will be the
first time that the IG will have permission to look at the whole
Department, including the FBI and DEA.
This move is significant, given the problems that have plagued the
FBI, and the DEA to a lesser extent. Having this added measure of
oversight will be a good thing for the FBI and the DEA, and it will
hopefully begin to restore the American people's faith in these two
valiant and extremely important organizations. There are good men and
women who are in both agencies who serve the country very well; and by
giving the IG having the ability to look, I think will be a good thing.
There is a $252 million increase for the Immigration and
Naturalization Service to enforce our immigration laws, hire additional
Border Patrol agents, and continue the interior enforcement effort.
This funding level also includes the President's request for an
additional $45 million to achieve a 6-month application processing
standard. There is a $150 million increase to enforce Federal and State
gun laws and distribute gun safety locks.
This also empowers local communities to fight crime by providing $4.3
billion for State and local law enforcement assistance. This includes
funding for Violence against Women Act programs, victims of trafficking
grants, the State Criminal Alien Assistance program, and local law
enforcement block grant programs, COPS and juvenile justice programs.
For the Department of Commerce, the bill provides $5.2 billion, $21
million
[[Page H4072]]
above the request. It provides full funding for the U.S. trade
agencies, Census, and the National Institute of Standards and
Technology, an increase of $29 million over the President's request for
the National Oceanic and Atmospheric Administration, including the
National Weather Service.
The bill also includes $440 million on the conservation category as
negotiated in the fiscal year 2001 Interior appropriations bill.
The National Weather Service has been diligent in its pursuit of a
new National Severe Storm Laboratory building in Norman, Oklahoma. The
gentleman from Oklahoma, Mr. Watts has been vigilant in his pursuit to
provide the required capabilities of this laboratory. Beginning in
1998, he has obtained funding to establish the National Severe Storms
Laboratory.
This year, through the efforts of the chairman of the Subcommittee on
Treasury, Postal Service and General Government, the gentleman from
Oklahoma (Mr. Istook), there is an agreement with the General Services
Administration to actually construct this building. This committee has
agreed to provide the above-standard GSA costs specific to the
requirements for NOAA. This facility will allow NOAA to improve the
detection of tornadoes nationwide. The bill also includes the full $440
million, as I said, under the conservation category program as
negotiated in the fiscal year 2001 Interior appropriations bill. So
this I think will help the gentleman from Oklahoma Mr. (Watts) and the
gentleman from Oklahoma (Mr. Istook) and the University of Oklahoma to
deal with that issue dealing with NOAA.
For Judiciary, $63 million will begin the renovations at the U.S.
Supreme Court, about half the amount needed to protect the life, safety
and security of the millions of people who use that building. Also a
cost-of-living increase to the attorneys who ensure the fairness of our
criminal justice system by representing indigents in criminal cases.
For the State Department and the Broadcasting Board of Governors, the
bill provides $7.7 billion, $837 million above last year's
appropriations, per the request of the Bush administration and per the
request of Secretary Powell.
It includes a programming increase of $419 million for diplomatic
readiness and reform, including 360 new positions and major technology
modernization, $1.3 billion, the full request, the full request,
because of embassy security problems, for urgent embassy security
needs, including the construction of new secure replacement embassies
and consulates.
Just last week, on July 12, the State Department released its first
annual report on sexual trafficking in persons. The Congress ought to
know that at least 700,000 individuals a year, many women and children,
are trafficked each year across international borders for sexual
purposes. These victims are often subject to threats and violence and
horrific living conditions. We must not tolerate this equivalent of
modern-day slavery.
The bill includes $3.8 million for important new initiatives to
combat trafficking, including the cost of an office within the State
Department to coordinate interagency anti-trafficking activities, and
an international conference to develop systematic international
solutions to the problem. Fifty thousand people are brought to this
country alone every year for that purpose, and the subcommittee plans
on holding a hearing, in-depth hearings on this, when we come back
after the Labor Day break.
The bill also includes $479 million for the Broadcasting Board of
Governors, $9 million above the request, which includes funding for
broadcasting initiatives in East Asia and the Middle East, and also
making sure that the broadcasts get to the country of Sudan, where we
know that they have slavery.
For the miscellaneous and related agencies, the bill includes $2.1
billion, $300 million above the current year level; $728 million for
the Small Business Administration, an increase of $186 million above
the President's request for important lending and assistance programs
for the Nation's entrepreneurs; $232 million for the Maritime
Administration, an increase of $128 million above the President's
request, including funding for the Maritime Security Program, the title
11 loan program and the important efforts to dispose of the backlog of
obsolete merchant vessels, which we hope we can finally put to rest
once and for all.
$438 million, the requested amount for the Securities and Exchange
Commission. I strongly support the SEC's recent effort to strengthen
their enforcement of disclosure rules. Foreign corporations doing
business in Sudan and other places playing a direct role in human
rights abuses in Sudan have been able to offer securities to American
investors; and as a result, these investors are unwittingly helping to
subsidize these atrocities. American investors are helping to subsidize
terrorism. American investors are helping to subsidize slavery.
We appreciate what the SEC did, and we will continue to insist on the
full exercise of existing authorities to inform and protect American
investors in this area, and this message goes out to the new chairman
of the SEC when he takes over. But I appreciate the acting chairman's
efforts in this regard.
{time} 1845
Mr. Chairman, this bill provides funding of $3 million for the
Commission on International Religious Freedom to monitor violations of
religious freedom abroad and make policy recommendations to the State
Department. I am particularly concerned about the denial of equal
treatment to Coptic Christians by the government of Egypt. Funding for
this Commission will help to ensure that such violations are given the
attention they deserve by our foreign policymakers, whether being
Egypt, whether being China, or wherever it may be.
This is a very quick summary of the recommendations before the House
today. The bill gives no ground on the ongoing war against crime and
drugs and provides the resources to State and local law enforcement
that has helped bring the violent crime rate down to its lowest level
since the Justice Department began tracking it. It includes major
increases for the State Department to allow the Secretary, Secretary
Powell, to rejuvenate and reform the Department and to continue the
important, ongoing efforts to improve embassy security. It represents
our best take on matching the needs with scarce resources.
I want to thank the gentleman from New York (Mr. Serrano), the
ranking member, who has been very effective and, I might say, these get
to be sort of pro forma things, but, really, the gentleman is a good
friend and someone we have worked very, very closely with. I want him
to know that I appreciate his principal commitment, his thorough
understanding of the programs in this bill, and I like sitting next to
him with his great sense of humor, so I just wanted to thank him.
I also would like to thank all of the members of the subcommittee for
their help. The gentleman from Kentucky (Mr. Rogers), who had been the
chairman of this committee for 6 years, has helped me with regard to a
number of issues. I would also like to thank the gentleman from Arizona
(Mr. Kolbe), the gentleman from North Carolina (Mr. Taylor), and the
gentleman from Ohio (Mr. Regula), the gentleman from Iowa (Mr. Latham),
the gentleman from Florida (Mr. Miller), the gentleman from Louisiana
(Mr. Vitter), the gentleman from West Virginia (Mr. Mollohan), the
gentlewoman from California (Ms. Roybal-Allard), the gentleman from
Alabama (Mr. Cramer), and the gentleman from Rhode Island (Mr.
Kennedy).
Finally, I want to thank the gentleman from Florida (Mr. Young), the
full committee chairman, and the gentleman from Wisconsin (Mr. Obey),
the ranking member, for their help in moving this bill forward.
I would also be remiss if I failed to mention how much I appreciate
the professionalism and the cooperation of both the minority staff and
the majority staff.
I would like to thank the majority staff, Mike Ringler, who handles
the budgets of the State Department and the United Nations; Leslie
Albright, who ably works the Justice Department law enforcement
programs, including the DEA, the U.S. Marshal Service and the FBI;
Christine Ryan, a former FBI professional who oversees the Commerce
Department budget and who is marrying a Marine Corps officer
[[Page H4073]]
in a few short weeks when we finally finish this bill.
I also want to thank Julie Miller, an extremely professional OMB
official, who may even stay with the committee if we can get the
approval, who has been detailed to the committee; and Carrie Hines,
another top-notch professional who has been detailed to the committee.
I appreciate the top-notch efforts of Gail Del Balzo, whose
experience on the Senate Budget Committee, as assistant parliamentarian
of the Senate and as general counsel of CBO, has prepared her well for
the position of clerk of this subcommittee.
These young professionals put in countless hours working weekends and
late into the night. It is time spent away from their families and
their friends, and yet they are dedicated to doing what is best for the
American people, and we really appreciate them very much.
On the minority side, I want to say exactly the same thing. In
particular, I would like to thank Sally Chadbourne, Lucy Hand, Nadine
Berg, Rob Nabors and Christine Maloy from the democratic staff who were
willing to pitch in during all the long hours spent putting this bill
together. It has been a unique experience. It has been more bipartisan
than I have seen, quite frankly, for a long, long while.
With that, I will just end by saying we tried hard to produce the
best bill possible. It probably is not like the Ten Commandments. It is
not perfect. I am sure there could be some changes here. While there
cannot be any changes to the Ten Commandments, there can be in this
bill, but we did not have that vision that the good Lord has, so we
will be taking some amendments and doing some things, but I do hope
Members will support the bill.
[[Page H4074]]
[GRAPHIC] [TIFF OMITTED] TH17JY01.001
[[Page H4075]]
[GRAPHIC] [TIFF OMITTED] TH17JY01.002
[[Page H4076]]
[GRAPHIC] [TIFF OMITTED] TH17JY01.003
[[Page H4077]]
[GRAPHIC] [TIFF OMITTED] TH17JY01.004
[[Page H4078]]
[GRAPHIC] [TIFF OMITTED] TH17JY01.005
[[Page H4079]]
[GRAPHIC] [TIFF OMITTED] TH17JY01.006
[[Page H4080]]
[GRAPHIC] [TIFF OMITTED] TH17JY01.007
[[Page H4081]]
Mr. Chairman, I reserve the balance of my time.
Mr. SERRANO. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise in strong support of H.R. 2500.
I must begin by expressing my appreciation to the gentleman from
Virginia (Mr. Wolf), the chairman of the subcommittee, and his great
staff for the fair and bipartisan way they have handled this bill, with
full consultation with our side. While we do not agree with every
recommendation in the bill, we believe that, on balance, it is worthy
of wide support on both sides of the aisle.
I have sat in hearings and markups with the gentleman from Virginia
(Mr. Wolf) for the last 3 years, but this is my first with him at the
helm of the Subcommittee on Commerce, Justice, State, and Judiciary.
Having similarly landed at the top of the subcommittee with no prior
service on it, I know how hard he has had to work to master the many
and varied agencies and issues now under his jurisdiction, and I admire
how well he has done.
Staff on both sides of the aisle have made tremendous contributions
to this process. They are Gail and Mike, Christine, Leslie, Julie and
Carrie for the majority, as well as Jeff from the personal staff of the
gentleman from Virginia (Mr. Wolf); on our side, Sally, Rob, Christine;
and from my own staff, Lucy and Nadine. These are folks who are
professionals, who do their job well and who make us look good all the
time and, therefore, serve our country and its citizens very well.
Mr. Speaker, the budget request was troubling, with deep cuts to
important programs and questionable assumptions about congressional
actions on fees and program changes. This bill is a great improvement
on that budget request. Perhaps most important, the bill restores many
of the unreasonable cuts proposed in the President's budget for State
and local law enforcement and COPS. The budget request was almost $1
billion below fiscal year 2001 levels for these programs, but the bill
restores $661 million, including $150 million for COPS hiring. We are
not all the way back, but we are moving in the right direction.
The bill supports the Secretary of State's initiatives to invest in
diplomatic readiness as well as the security, technology and
infrastructure requirements of the State Department. The bill includes
$7.4 billion for the State Department, an increase of $802 million, or
12 percent above the current year. For core diplomatic activities under
the Administration of Foreign Affairs account, the bill is 17 percent
above fiscal year 2001. A significant investment is needed to ensure
that the Secretary has adequate resources, both people and technology,
to carry out our foreign policy and national security objectives and to
ensure that our employees overseas work in the most secure environment.
In contrast to bills in past years from this subcommittee, the bill
fully funds the request for international peacekeeping. Peacekeeping,
as we all know, can advance U.S. policy goals at a fraction of the cost
of sending U.S. forces into trouble spots.
While the funding provided for assessed contributions to the U.N. and
other international organizations is close to the amount requested,
there are no funds for rejoining UNESCO as proposed in the House-passed
State Department authorization bill, which could create a problem down
the line. The fence around $100 million of U.N. dues, pending
certification that the U.N. is not exceeding its budget, has raised
administration concern. But, unlike similar provisions in past House
bills, it draws attention to the need for budget discipline but should
not lead to any new arrears.
Our side, Mr. Chairman, is quite pleased with the overall level of
funding for NOAA whose activities in coastal and ocean conservation,
the management and preservation of our Nation's fisheries, the weather
forecasting activities, as well as the satellites and data systems that
support them, plus critical research into global climate change and
other oceanic and atmospheric phenomena are so important to our economy
and environment as well as to the health and safety of our people.
Within NOAA, Conservation Trust Fund activities are fully funded.
We are also delighted to see the Legal Services Corporation funded at
the requested level, avoiding the exercise on the House floor we have
had to go through for the last 6 years to restore cuts made in
committee that are not supported by a majority in Congress.
I want to take special occasion to thank the gentleman from Virginia
(Mr. Wolf), the chairman of the subcommittee, for the ability to get
this program funded this way. We always put an amendment on the floor,
and it passes with bipartisan support and a lot of votes, and I have
always wondered why we had to do it this way. Well, this bills speaks
to that issue right away, without having to go through that exercise.
The full requests for the EEOC and the Civil Rights Commission are
included, and the Justice Department's Civil Rights Division is funded
above current services, supporting not only the administration's
initiatives on voting rights and the rights of the disabled but also an
initiative to investigate and prosecute civil rights abuses against
inmates in prisons or other institutions.
The largest concern we have, however, with this bill is with the
Small Business Administration, SBA. The administration sent up a budget
based on unrealistic assumptions about Congress's willingness to
increase fees for important loan programs and to shift disaster funding
to a new government-wide emergency fund, neither of which is going to
happen. The chairman of the subcommittee has done a good job in
partially restoring these funds, but more needs to be done, and we will
work with him to be sure the smallest and neediest small businesses are
not left behind.
Again, Mr. Chairman, this is a good bill. If our colleagues read the
minority views in the report, which every subcommittee Democrat signed,
they will see that we all believe that as long as no harmful floor
amendments are adopted this bill deserves to pass with a strong
bipartisan vote.
Mr. Chairman, I reserve the balance of my time.
Mr. WOLF. Mr. Chairman, I yield 4 minutes to the gentleman from Ohio
(Mr. Regula).
(Mr. REGULA asked and was given permission to revise and extend his
remarks.)
Mr. REGULA. Mr. Chairman, I rise today in support of the fiscal year
2002 Commerce, State, Justice bill. I do especially want to commend the
chairman and the ranking member for crafting a fair and balanced bill
that takes into account the priorities of the President and the
Congress.
I have a special interest in trade issues, and the bill provides full
funding for the trade agencies which carry out several important
functions. The trade laws, in view of our economic situation, become
even more important so that we get not only free trade but fair trade
in our economy.
We provide the full funding request for embassy security. I can
remember as a member of this committee when we were very concerned
about embassy security, and we traveled to a number of places. It was a
serious problem. I think the chairman is trying to address that, and it
is important that he do so.
We do have full funding for the Legal Services Corporation. I refer
to that as the equivalent of the Medicaid program in the area of legal
matters. I know that the new president of the system, one of our former
colleagues, former Congressman John Erlenborn, will do a great job of
giving leadership to the Legal Services Corp.
I especially want to thank the chairman for providing $2.5 million
for the continuation of the partnership between the JASON project and
the National Oceanic and Atmospheric Administration. The JASON project
is a state-of-the-art education program that brings scientists into
classrooms through advanced interactive telecommunications technology.
The program is really designed to excite students about the sciences
and to encourage them to pursue higher education in the sciences.
We have had many speeches on this floor about the importance of
science and science education. The JASON project benefits from the
scientific information and expertise available from NOAA that can be
incorporated into the JASON curriculum and the annual
[[Page H4082]]
expedition. It extends benefits by encouraging students to become
future scientists.
Finally, I would like to mention the Ohio WEBCHECK program. This
innovative and award-winning program allows for quick and convenient
background checks to be completed over the Internet.
{time} 1900
The Ohio system allows fingerprint images of two fingers and two
thumbs to be electronically transmitted for a criminal background check
through the Ohio Bureau of Criminal Identification. This is especially
important for people who are hiring counselors, who are hiring adults
that deal with children. It avoids a lot of problems.
Last year, we provided $5 million of Federal funding to hook WebCheck
into the FBI fingerprint system for a more comprehensive national
check. I want to thank the chairman for recommending additional funding
for this project so that it can be completed in a manner that will make
it possible for all States to set up similar programs and hook them
into the FBI system.
Having a quick, convenient, and comprehensive national background
check system will provide a safer environment for our children and the
elderly. I strongly urge my colleagues to support this appropriations
bill.
Mr. SERRANO. Mr. Chairman, I yield 3 minutes to the gentleman from
West Virginia (Mr. Mollohan).
Mr. MOLLOHAN. Mr. Chairman, I thank the gentleman for yielding time
to me.
Mr. Chairman, I rise today in support of H.R. 2500, the
appropriations measure funding the Departments of Commerce, Justice,
State, the Judiciary, and related agencies.
I want to compliment the chairman, who has done a terrific job, the
gentleman from Virginia (Chairman Wolf), and the ranking member, the
gentleman from New York (Mr. Serrano), who has done an equally terrific
job in putting this bill together. By and large, it restores many of
the cuts proposed in the President's budget request.
In his budget request, President Bush asked the Congress to rescind
$10 million from the remaining unobligated balances in the Emergency
Steel Guarantee Loan Program Account. In response to the President's
request to rescind the steel loan guarantee money, the committee has
indeed rescinded it.
As my colleagues will recall, the Emergency Loan Guarantee Act was
established in 1999 to assist American steel producers who have been
battling an onslaught of illegally-dumped foreign steel which has
crippled the U.S. steel industry.
Our domestic steel industry is in crisis. There simply is no other
way to describe it. Approximately 23,000 steelworkers have lost their
jobs as a result of this crisis, and 18 steel producers have filed for
bankruptcy. Current import levels still remain well above pre-crisis
levels.
President Bush recently requested that the International Trade
Commission initiate a 2001 investigation on the impact of steel imports
on our U.S. steel industry.
Given all of these facts, now is not the time to rescind monies from
the very fund established to help our domestic steel industry weather
the storm. I recognize that unobligated balances exist in the account
created for this program. Changes were needed to make the program more
accessible to American steel companies without imposing significant
additional costs on the Federal Government.
Under the leadership of Senator Byrd, changes to the Emergency Steel
Loan Guarantee Act were recently approved by the other body. Hopefully,
these changes will make the program more accessible to more of our
steel producers.
That being the case, it seems unwise at this time to rescind funds
from this important program. I am hopeful that during conference, this
rescission can be eliminated.
Mr. SERRANO. Mr. Chairman, I yield 3 minutes to the gentleman from
Rhode Island (Mr. Kennedy).
(Mr. KENNEDY of Rhode Island asked and was given permission to revise
and extend his remarks.)
Mr. KENNEDY of Rhode Island. Mr. Chairman, I would like to begin by
thanking our chairman, the gentleman from Virginia (Mr. Wolf), for the
excellent leadership he provided in this subcommittee, and also my
ranking member, the gentleman from New York (Mr. Serrano), for his work
in this important piece of legislation and all that this legislation is
going to do to fund important projects.
As a member of the subcommittee, and a new Member, I know very
difficult decisions had to be made. While I was pleased with many of
the decisions that were made, I would like to take this opportunity to
raise a few of the issues that I believe deserve even greater
attention.
First and foremost is the Office of Juvenile Justice and Delinquency
Prevention, which was funded at the same level as last year's request.
In particular, I want to bring this House's attention to title V of
OJJTP, which was also held at last year's level.
There are few areas in government where programs work more
effectively and we get more of a return on our dollar than in the area
of title V, which funds critically successful initiatives such as the
Safe Schools and Healthy Students Program. This helps keep kids out of
trouble, and it also helps provide flexible resources to our districts.
Mr. Chairman, I requested a greater allocation in this area.
In other areas, let me briefly touch upon the area of economic
development. I think we should not have reduced funding for the EDA,
the Economic Development Administration, or eliminated funding for the
New Markets Initiative.
In addition, I think we should also have pushed more for trade
agreements and globalization adjustment assistance through the EDA that
I think will be even more important as we move into a global economy. I
pointed that out to Secretary Evans and Ambassador Zoellick.
For our efforts in Native American country, let me say that with even
modest increases, I believe we could have accomplished much more,
particularly on Native American reservations where the alcoholism rate
occurs at 950 percent times the non-native communities .
With violent crime on the rise on native reservations, and with 90
percent of it attributed to alcohol-related crime, I think we should be
putting more resources in this effort.
Finally, as a Representative of the ``Ocean State,'' Rhode Island, I
would like to support all those initiatives that go into the National
Oceanographic and Atmospheric Administration. The administration's
request in the committee's bill offers funding for programs like Sea
Grant and Coastal Zone Management, but does not offer enough funding
for those critical areas like nonpoint source pollution. This is the
runoff from our highways every time it rains a great deal, and all the
runoff pollutes our bays. It also affects our fishing stock.
Let me conclude by once again congratulating the chairman for his
important leadership, thank the ranking member for his great
leadership, and say that I look forward to working with both of them on
continued funding for these priorities that I have just outlined, as
well as many others that I have not had time to delineate.
Mr. SERRANO. Mr. Chairman, I yield 3 minutes to the gentleman from
Indiana (Mr. Visclosky).
Mr. VISCLOSKY. Mr. Chairman, I thank the gentleman very much for
yielding time to me. I also want to thank the gentleman from Virginia
(Mr. Wolf) and the gentleman from New York (Mr. Serrano) for the fine
work they have done on this bill. I do plan to support it.
I rise now to indicate my concern over a provision mentioned by my
colleague, the gentleman from West Virginia, a few minutes ago about
the rescission of $10 million from the $145 million Steel Loan
Guarantee Program.
The problems that the steel industry faces are manyfold, but one is
the complete collapse of the ability to get financing, as well as the
number of companies now that find themselves in bankruptcy in the
United States of America.
Since December 31, 1997, we have now had 18 companies declare
bankruptcy, and one of the concerns that the industry faces is securing
financing. We have a loan guarantee program in place. It took a period
of time to get up and
[[Page H4083]]
running with it. There were initially some problems as far as the
bureaucracy contained therein, and the problem continues to persist as
far as securing the guarantees for private investment firms to loan the
industry money. Today those guarantees are at 85 percent.
Given the fact that 21 percent of all steel capacity in the United
States of America today is in bankruptcy, I think the provision in this
bill sends a very negative and very bad signal to those financial
institutions as far as reduction in the monies that will be available
for those guarantees for the fiscal year. We are not only talking about
tonnage in bankruptcy, we are not only talking about companies in
bankruptcy, we are talking about people.
The fact is, we have 42,556 Americans working for those 18 companies,
some of which may not make it without this loan guarantee program. We
have to couple that with the 23,000 people who, over the last 2\1/2\
years, have also lost their jobs in this industry.
I am concerned that this program has a rescission attached to it. I
would hope that it can be rectified in conference with the Senate at
some future date.
Mr. WOLF. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I would like to clarify something. There were a number
of questions by Members with regard to the gun safety lock issue. I
would like to make a clarification for the Record in the interest of
this.
Regarding the distribution of gun safety locks, the report
accompanying this bill expresses the committee's support for the use of
gun safety locks, and would encourage the distribution of these locks
to handgun owners.
The report also expresses the committee's concern regarding reports
that some of these safety locks have failed or do not work on certain
handguns. We understand that the Department of Justice is reviewing the
availability of standards for gun safety locks, and private industry
groups have also sought the promulgation of such standards.
The report directs the Department of Justice to develop national
standards for gun safety locks. The committee intends for the
Department to consult with private industry groups and other interested
parties in the development of these standards.
Further, we understand the interim standard for gun safety locks
could be in place in 6 months.
Mr. Chairman, I reserve the balance of my time.
Mr. SERRANO. Mr. Chairman, I yield 2 minutes to the gentleman from
Washington (Mr. Dicks).
Mr. DICKS. Mr. Chairman, I rise in very strong support of this
important legislation. I want to first of all thank the chairman, the
gentleman from Virginia (Mr. Wolf), in his first year as Chairman of
this important appropriations subcommittee, and the gentleman from New
York (Mr. Serrano), the ranking Democratic member and his staff. I
particularly want to tell them how much I appreciate their cooperation
in funding the so-called ``conservation amendment.''
Last year, the Congress adopted a provision that started at $1.6
billion last year and will increase up to $2.4 billion by 2006 based on
the Violent Crime Trust Fund model, which keeps the authority for
spending for these important conservation programs, of which there are
$443 million in this bill, within the jurisdiction of the Committee on
Appropriations, and allows us to have annual oversight.
But what it has done is double and now even more than double the
amount of money that is available for conservation spending.
There were some last year who were advocating an entitlement that
would have taken this off the budget. I just want to compliment the
chairman and the ranking member for helping us keep our commitment and
telling the people of the country that we, the appropriators, are just
as interested in conservation. We have programs like coastal zone
management, the Pacific salmon recovery initiative, and they go on and
on and on, that will be benefited by this important provision. I am
pleased that, when we add this up, it is $1.76 billion for conservation
this year between the Interior appropriations bill and State, Justice,
and Commerce.
Out in my part of the world, we are fighting to try and restore the
salmon runs in Washington, Oregon, Idaho, California, and in Alaska
that have been severely hurt.
This money, 110 million for the Pacific Salmon Recovery program, goes
back to our Governors and then through programs for habitat recovery
which is absolutely essential. The bill also provides an additional 25
million to the U.S. Canada Pacific Salmon Treaty program. I want to say
how much I support this bill. I urge the House to give overwhelming
support for this important legislation.
Mr. WOLF. Mr. Chairman, I reserve the balance of my time.
Mr. SERRANO. Mr. Chairman, I yield 2 minutes to the gentlewoman from
New York (Ms. Velazquez), the ranking member of the Committee on Small
Business.
Ms. VELAZQUEZ. Mr. Chairman, I thank the gentleman for yielding time
to me.
Mr. Chairman, today's bill provides funding for many critical
priorities. I believe that the gentleman from Virginia (Chairman Wolf)
and the ranking member, the gentleman from New York (Mr. Serrano), have
produced a bill that is an improvement over the past years. I thank
them for their hard work on this legislation, which benefits many.
Unfortunately, I am afraid their hard work has fallen short for one
of the most productive forces for America today, our small businesses.
This bill will severely cut the Small Business Administration's funding
level.
{time} 1915
The recent ``long boom,'' our greatest in history, came as a direct
result of the productivity of American small companies and
entrepreneurs. Small businesses employ half our workers, account for
half our GDP, and grow almost 60 percent faster than large
corporations.
Mr. Speaker, much of this success has been made possible through the
programs of the Small Business Administration. But this bill will cut
SBA's tap that currently provides capital liquidity to small business
across the country. It will, I fear, dry up assistance just when we
most need to give our economy a boost.
This bill proposes to cut funding for the SBA from $860 million this
year to $728 million next year. Ten programs will be zeroed out and
another half dozen or more will be so severely underfunded as to render
them ineffective.
Later today, my colleague, the gentlewoman from New York (Mrs.
Kelly), and I will offer an amendment to restore $17 million in funding
for SBA. While still short of last year's level, our amendment will
maintain the very successful 7(a) general long guarantee program and
two small business assistance programs, PRIME and BusinessLinc.
Our amendment is important because small business is big business in
America. We aim to support the SBA's mission of providing technical
assistance and guarantees to today's entrepreneurs, who are often
tomorrow's Intel, Apple, or FedEx. Most importantly, we want to provide
the tools that help so many better themselves, their families and their
communities. That is the point, after all, of a strong economy.
Mr. WOLF. Mr. Chairman, I reserve the balance of my time.
Mr. SERRANO. Mr. Chairman, I yield 2 minutes to my long-time
colleague, the gentleman from New York (Mr. Crowley).
(Mr. CROWLEY asked and was given permission to revise and extend his
remarks.)
Mr. CROWLEY. Mr. Chairman, I rise in strong support of the Commerce,
Justice, State bill, and would like to express my gratitude to the
chairman, the gentleman from Virginia (Mr. Wolf), for his hard work in
crafting this bipartisan bill. I would also like to recognize my good
friend, the gentleman from the Bronx, New York, (Mr. Serrano), who has
worked tirelessly for his constituents, for all of New York City, and
for all of America from his position on the Committee on Appropriations
and throughout his many, many years in Congress.
With regard to international issues, as both the representative of
one of the most diverse congressional districts in the Nation and a
member of the Committee on International Relations, I
[[Page H4084]]
would like to applaud this committee for recognizing the value inherent
in the United States playing a key role in the international community
and in particular supporting international peacekeeping operations.
Here at home, this legislation also provides important funding for a
number of community service and anti-crime programs, effective programs
that have helped our Nation, especially my hometown of New York City,
experience the lowest crime rate in decades. We need to continue to
invest in our people, both here in the U.S. and abroad. This bill does
that, and I congratulate the chairman and the ranking member for their
work and for their dedication.
The CHAIRMAN. The Chair would advise the Members that the gentleman
from Virginia (Mr. Wolf) has 10\1/2\ minutes remaining, and the
gentleman from New York (Mr. Serrano) has 10 minutes remaining.
Mr. SERRANO. Mr. Chairman, I yield 3 minutes to the gentleman from
Wisconsin (Mr. Obey), our ranking member.
Mr. OBEY. Mr. Chairman, I simply would like to do two things: first
of all, congratulate the gentleman for the bill he has brought to us. I
obviously do not agree with all of it, but I certainly intend to
support it unless some surprises occur on the House floor. I think he
has done a good job.
Having said that, I would like to try to determine whether or not we
can reach a reasonable understanding about what our plans are for this
evening. The problem we face is that at this point we have some 31
amendments filed, we have other amendments that are being faxed to the
leadership on both sides of the aisle, and the longer that this process
goes on, the more amendments we are going to have to deal with for the
remainder of consideration of this bill.
I would simply rise at this point to say that I would like to see us
reach an agreement under which we could ask all Members to have their
amendments in tonight so that we would be able tomorrow to try to work
out time agreements on all these subsequent amendments. And if we can
do that, we can have some chance of finishing the bill either tomorrow
or early the next day.
The problem we face, as I understand it, is that this committee is
not going to be allowed back on the floor tomorrow morning. We are
going to be superceded by another bill, and I am told by majority staff
that that means we are not likely to get to the floor until 2:30 or 3
p.m. tomorrow afternoon. If that is the case, and if we have 60
amendments pending, there is no way on God's green earth we will even
finish this bill tomorrow.
So it seems to me if we want to accelerate our opportunity to finish
this bill, we would first of all try to get an agreement that Members,
if they want amendments considered, would have to get them in tonight;
and then we can try tomorrow, while the other bill is being worked on,
the gentleman from Virginia and the gentleman from New York can try to
work out a time agreement on whatever amendments we have remaining.
I just want the House to understand that I am perfectly willing to
try to work out these arrangements, but we have been in committee since
10 a.m. this morning. We did not start this bill until 7 p.m. That was
not our call; it was the majority that did the scheduling, and it seems
to me that we ought to know that we will get out of here at a
reasonable time tonight. I do not enjoy the prospect of having
amendments being debated here and Members coming in in the middle of
the night having no idea what we have been debating and voting on the
fly. I do not think that serves the interest of this institution.
So I want to notice the House that if we cannot get an agreement on a
reasonable time to get out of here tonight, I will begin a series of
motions; and we are not going to get very far on this bill.
With that, I thank the gentleman for yielding me this time.
Mr. WOLF. Mr. Chairman, I yield 5 minutes to the gentleman from
Pennsylvania (Mr. Murtha).
Mr. MURTHA. Mr. Chairman, in 1998 this House passed landmark
legislation. We passed legislation trying to get the Justice Department
under control. Some of my colleagues may remember Joe McDade, who was a
personal friend to many of us and who went through 8 years of the
Justice Department investigating him and indicting him; and then, in
about 4 hours of deliberation by a jury, he was found not guilty.
We passed legislation then saying that the Justice Department would
have to reimburse out of their money anybody that was indicted and not
convicted. That still stands today. We also passed legislation that
said any prosecutor, meaning any U.S. Attorney, must practice under the
State laws, the ethics of the State laws. Well, the Justice Department,
some U.S. Attorneys, have fought us all during this period of time.
Matter of fact, in this legislation, prosecutors from all over the
country came to this body, lobbied against us, the White House lobbied
against us, and we beat them 350 to 50. Why? Because there was no
confidence in the Justice Department. No confidence in the FBI.
During that trial, Joe McDade, where they charged him as a
subcommittee chairman with racketeering, they charged him with illegal
gratuities, meaning campaign contributions; they charged him with
bribes, meaning honorariums. They leaked information during this entire
6 years. I sat by Joe McDade when I was chairman of the committee and
he was the ranking member on the Subcommittee on Defense, and every day
he deteriorated in health and emotional stability, and it ruined his
life for 8 years. He was acquitted, but he still has not gotten over
this.
Now, the point I am making today is that I was prepared to introduce
legislation, because two of the things that were introduced that were
thrown out in conference, and it was an omnibus bill, is that there
would be an independent counsel investigate the Justice Department and
then it would publicize what happened to the people that did
wrongdoing. Those two things were thrown out. Now, I have hesitated
since that time because the Justice Department kept saying we are going
to get it under control. Well, I find the new Deputy Attorney General
has said some things that give me confidence that he is going to try to
get the FBI and the Justice Department under control. I have confidence
the new FBI director realizes that the public has lost confidence in
the FBI.
As a matter of fact, this House would not have voted 350 to 50 to
condemn or to put controls on the Justice Department and the U.S.
Attorneys if it had not been for the lack of confidence of the public
throughout this great country. But I am not going to offer that
amendment, those two amendments, because I believe the new Attorney
General and the Deputy Attorney General and the FBI director are moving
in the right direction. But I hope by this time next year that this
subject will be a subject of the past and people will regain confidence
in the FBI and the Justice Department.
Mr. SERRANO. Mr. Chairman, I yield myself 2 minutes. I just wanted to
tell the chairman, the gentleman from Virginia (Mr. Wolf), that the
comments of the gentleman from Wisconsin (Mr. Obey) are well taken by
this ranking member.
We want to work out the best possible situation to work in the proper
manner and in the way that we will do justice to the bill and to the
amendments and to the Members. I will agree also to a time limit on
amendments. However, I must say once again, as I did last year, and in
a loud voice, that I cannot understand why it is that we put a rule on
the floor that is open-ended and then we immediately move to curtail.
So next year, if I am still around in this situation, I assure my
colleague that I will oppose any rule that is open-ended, because it is
really not an open-ended rule. But I will support time limitations to
make the process move forward.
Mr. Chairman, I reserve the balance of my time.
Mr. WOLF. Mr. Chairman, I yield 2 minutes to the gentleman from
Nebraska (Mr. Bereuter) for a colloquy.
Mr. BEREUTER. Mr. Chairman, I thank the gentleman for yielding me
this time, and I want to engage in this colloquy regarding the
Congressional Executive Commission on the People's Republic of China.
As the chairman knows, the Congressional-Executive Commission on the
[[Page H4085]]
People's Republic of China is being created pursuant to P.L. No. 106-
286. This Member is pleased to note the distinguished gentleman from
Virginia (Mr. Wolf) is also a member of this important commission
designed to report on human rights development and the rule of law in
the People's Republic of China.
Because it was expected to take considerable time to bring the
commission's operations into being, including the actual naming of the
congressional and executive branch members, the fiscal year 2001
appropriation was set at only $.5 million. We expect the commission
will begin functioning in the coming weeks. Therefore, in anticipation
of a full active commission, this Member had earlier suggested an
amount of $1.5 million to cover the commission's operations for the
full fiscal year of 2002.
This Member would ask the chairman about his willingness to seek
adequate funding for the commission, as we would certainly trust the
chairman's judgment in seeking such adequate funding in conference.
Mr. LEVIN. Mr. Chairman, will the gentleman yield?
Mr. BEREUTER. I yield to the gentleman from Michigan.
Mr. LEVIN. I thank the gentleman for yielding. Mr. Chairman, I would
strongly support what the gentleman from Nebraska has proposed.
{time} 1930
As relating to the appropriations for the Congressional Executive
Commission on China, currently half a million is appropriated for that
Commission. We understand that the gentleman's staff is in agreement
that the Commission needs $1.5 million for fiscal year 2002 and that
the gentleman, the distinguished chairman, will pursue $1.5 million for
fiscal year 2002 in conference.
Mr. WOLF. Mr. Chairman, will the gentleman yield?
Mr. BEREUTER. I yield to the gentleman from Virginia.
Mr. WOLF. Mr. Chairman, the gentleman from Michigan is absolutely
correct, quite frankly, if they needed $2 million to do a good job,
particularly with regard to China, but we will agree and make sure that
that $1.5 million is in there as per the request of the gentleman from
Nebraska (Mr. Bereuter) and the gentleman from Michigan (Mr. Levin).
Mr. Chairman, I yield 2 minutes and 30 seconds to the gentleman from
Maryland (Mr. Gilchrest).
Mr. GILCHREST. Mr. Chairman, I thank the chairman for yielding me
time.
Mr. Chairman, I would like to thank the chairman for the inclusion of
funding for marine protected areas in this bill.
In the Chesapeake Bay we are already using marine protected areas to
ensure the recovery of species such as oysters and blue crabs. We are
finding that with the involvement of recreational and commercial
fishermen as well as Federal, State and local governments, marine
protected areas will play a critical role in restoring over-exploited
fish species.
As chairman of the subcommittee on this issue, I am a strong
proponent of using a variety of types of marine protected areas to
ensure conservation and sustainable use of our marine resources in the
Chesapeake and throughout our Nation's waters.
The President's funding request for marine protected areas is based
upon this principle as described in Executive Order 13158, which reads,
in part, ``An expanded and strengthened comprehensive system of marine
protected areas throughout the marine environment would enhance the
conservation of our Nation's natural and cultural marine heritage and
the ecologically and economically sustainable use of the marine
environment for the future generations.''
We feel that including the President's executive order in this
colloquy is fundamental to sound marine resources.
I would like to conclude, is it the intent of the chairman that the
National Oceanic and Atmospheric Administration may use funds
appropriated for implementation of the Marine Protected Areas Executive
Order 13158, as supported by the Secretary of Commerce on June 4, 2001,
and in accordance with the President's budget request?
Specifically, in addition to direction given in the committee report
for NOAA to develop a marine protected atlas, is it the intent of the
chairman that funds may be used to implement the full scope of the
Executive Order 13158, including the implementation of the Marine
Protected Area Federal Advisory Committee, the development of a
framework for communication amongst agencies and programs that utilize
marine protected areas, and the consultation with State and local
partners in preparation for expanding the scope of the Nation's marine
protected areas?
Mr. WOLF. Mr. Chairman, will the gentleman yield?
Mr. GILCHREST. I yield to the chairman.
Mr. WOLF. Mr. Chairman, I thank the gentleman for his interest in the
Chesapeake Bay. Quite frankly, no one has done more for the bay than
the gentleman from Maryland (Mr. Gilchrest).
The committee does not intend to limit the ability of NOAA to
implement the Executive Order 13158 on marine protected areas.
Furthermore, the committee fully supports the President's budget
request for marine protected areas.
Mr. GILCHREST. Mr. Chairman, I would like to thank the chairman for
his help in this issue.
Mr. SERRANO. Mr. Chairman, I will yield myself whatever time I may
consume in closing.
Notwithstanding the fact that there are some things, mechanics, that
we have to work out as to the debate and how we handle amendments and
everything else, I just wanted to close on this side by saying, as I
said before, that this is a good bill, that Chairman Wolf has done a
great job with both staffs in putting together a bill that we can
support, as we heard from our ranking member, the gentleman from
Wisconsin, Mr. Obey.
As I said, notwithstanding whatever other problems we have, he
intends to support the bill. I am hoping after all is said and done no
harmful amendments have hurt the bill in any way. In that case, at this
moment I would ask for all Members in bipartisan fashion to support the
bill.
Mr. Chairman, I yield back the balance of my time.
Mr. WOLF. Mr. Chairman, I yield myself 30 seconds.
Mr. Chairman, I will thank the gentleman. This will be the last time
I thank him for his comments. I think there will be no negative
amendments like that, and I ask Members on final passage to support the
bill.
Mr. Chairman, I yield the balance of my time to the gentleman from
Michigan (Mr. Ehlers).
Mr. EHLERS. Mr. Chairman, I rise in support of the legislation. As
the chairman of the Subcommittee on Environment, Technology and
Standards, which has jurisdiction over NOAA and NIST programs within
the Department of Commerce, I wish to commend the new chairman of the
Subcommittee on Commerce, Justice and State on crafting this
appropriations bill.
Most Americans do not realize that NOAA makes up over 65 percent of
the Department of Commerce's budget, covering a wide range of programs
from studying our climate to mapping the ocean floor.
I am pleased to see that the subcommittee has recognized the
importance of NOAA and has funded the agency at a level slightly above
the President's request for fiscal year 2002.
I am also pleased that the appropriations bill increases funding for
labs inside of the National Institute of Standards and Technology. Over
the past 100 years, NIST and its employees have not let us down. It is
all but impossible to name a major innovation which has improved our
quality of life with which NIST has not had some involvement. NIST
Federal laboratories have partnered with industry to initiate
innovations for safer and more fuel-efficient automobiles, biomedical
breakthroughs like breast cancer diagnostics, refrigerant and air
conditioning standards, analysis of DNA, and calibrations for wireless
telecommunication systems, among numerous others.
Mr. Chairman, I strongly support the increase for NIST labs, and I
hope that the chairman will be able to preserve this funding during
conference negotiations with the Senate.
[[Page H4086]]
Mr. Chairman, let me highlight a few key programs that are funded by
this bill: the Sea Grant program, which provides grants supporting
vital marine research and education programs at universities all across
the country; the Great Lakes Environmental Lab, which has a solid
history of important scientific contributions and ensures continued
high-quality coastal science. It also fully funds the ARGO Float
Program, which is crucial to global climate studies which have taken on
increased importance to us.
In addition, it provides National Weather Service forecasts and
warnings which more than pays for itself, monitors the water levels of
the Great Lakes, and plays a major change in climate change research.
This bill will help ensure that NOAA is able to fulfill its many
missions, and that NIST will continue to serve our country well.
Mr. Chairman, I urge my colleagues to support this bill.
Mr. WATTS of Oklahoma, Mr. Chairman, today I rise to support H.R.
2500, the Commerce Justice State Appropriations Act. Mr. Chairman, by
passing this bill the House will take an important stand against
methamphetamine production across this country.
The drug, Methamphetamine, has become one of the most dangerous items
on our streets. This drug is composed of products like rat poison,
Comet, bleach, and lighter fluid. This drug can be injected, inhaled,
or smoked. People around this country are spending their hard earned
money to inject into their veins rat poison and bleach that was mixed
in somebody's toilet. The negative effects of this on the human body
are horrendous: insomnia, depression, malnutrition, liver failure,
brain damage, and death.
This terrible drug not only affects those who use it but can also be
deadly to innocent Americans whose homes are near these labs. In my
home state of Oklahoma in 2000, we had over 1,000 methamphetamine labs
explode and need to be cleaned up by the Oklahoma State Bureau of
Investigation. In 1994, there were eleven meth labs, let me repeat that
six years ago there were 11 meth labs in my home state of Oklahoma, now
there are over 1,000. And, every time one of these labs explodes
families are exposed to toxic and lethal fumes that are disbursed to
the surrounding neighborhood. Innocent young children and seniors are
rushed to the emergency room to be treated for inhalation of these
toxic and deadly fumes.
By passing H.R. 2500, the House will fund $48.3 million dollars to
state and local law enforcement agencies to help combat methamphetamine
production and meth lab cleanup. This money will start to turn back the
tide against these labs, and protect our families and neighborhoods.
This money will be used to train officers to find these labs and most
importantly clean the toxic remains of these labs.
Mr. Chairman, I commend you and your committee for including the
people of Oklahoma in this Methamphetamine HotSpots program. This money
is desperately needed to keep Oklahoma neighborhoods safe.
Mr. Chairman, I urge my colleagues to stand with me today against
this dangerous, deadly drug and support H.R. 2500 the Commerce Justice
State Appropriations Act.
Mr. KILDEE. Mr. Chairman, I want to thank CJS Subcommittee Chairman
Frank Wolf and Senior Democratic Member Jose Serrano for working hard
to provide adequate funding for the Department of Justice's portion of
the Indian Country Law Enforcement initiative. I am pleased that the
subcommittee funded the Indian Programs that are included in the Indian
Country Law enforcement initiative at the levels contained in the
President's fiscal year 2002 budget request.
I, however, hope that as this bill makes its way through the
legislative process, that you will support funding increases for the
following items:
1. Cops grant set aside for Indians.
2. Tribal Courts.
3. Indian alcohol and substance abuse programs.
4. Title V Grants that support tribal juvenile justice systems.
5. Grants to fund the construction of detention facilities in Indian
Country.
6. Tribal criminal justice statistics collection.
Mr. Chairman, each of those programs are critical to the tribal
justice systems. While national crime rates continue to drop, crime
rates on Indian lands continue to rise. What is particularly disturbing
is the violent nature of Indian country crime: violence against women,
juvenile and gang crime, and child abuse remain serious problems.
In its 1999 report, American Indians and Crime, the Bureau of Justice
Statistics found that American Indians and Alaska Natives have the
highest crime victimization rates in the nation, almost twice the rate
of the nation as a whole.
The report revealed that violence against American Indian women is
higher than other groups. That American Indians suffer the nation's
highest rate of child abuse. Since 1994, Indian juveniles in federal
custody increased by 50%. Even more troubling is that 55% of violent
crime against American Indians, the victims report that the offender
was under the influence of alcohol, drugs or both. That figure
represents the highest rate of any group in the nation.
Mr. Chairman, the Department of Justice and the Department of
Interior developed the Indian country law enforcement initiative to
improve the public safety and criminal justice in Indian communities.
Let us work together to increase the funding levels in conference and
provide the tribal justice systems with the funding necessary to combat
criminal activity in Indian country.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
During consideration of the bill for amendment, the Chair may accord
priority in recognition to a Member offering an amendment that he has
printed in the designated place in the Congressional Record. Those
amendments will be considered read.
The Clerk will read.
The Clerk read as follows:
H.R. 2500
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2002, and for other purposes, namely:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $91,668,000, of which not to exceed
$3,317,000 is for the Facilities Program 2000, to remain
available until expended: Provided, That not to exceed 43
permanent positions and 44 full-time equivalent workyears and
$8,451,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these
offices in fiscal year 2001: Provided further, That not to
exceed 41 permanent positions and 48 full-time equivalent
workyears and $4,997,000 shall be expended for the Offices of
Legislative Affairs and Public Affairs: Provided further,
That the latter two aforementioned offices may utilize non-
reimbursable details of career employees within the caps
described in the preceding proviso: Provided further, That
the Attorney General is authorized to transfer, under such
terms and conditions as the Attorney General shall specify,
forfeited real or personal property of limited or marginal
value, as such value is determined by guidelines established
by the Attorney General, to a State or local government
agency, or its designated contractor or transferee, for use
to support drug abuse treatment, drug and crime prevention
and education, housing, job skills, and other community-based
public health and safety programs: Provided further, That any
transfer under the preceding proviso shall not create or
confer any private right of action in any person against the
United States, and shall be treated as a reprogramming under
section 605 of this Act.
Ms. CARSON of Indiana. Mr. Chairman, I move to strike the last word.
(Ms. CARSON of Indiana asked and was given permission to revise and
extend her remarks.)
Ms. CARSON of Indiana. Mr. Chairman, I rise today in support of the
Boys and Girls Clubs of America. I support its continued funding, which
equals last year's level.
The Commerce-Justice-State appropriations bill gives the National
Institute of Justice authority to use Local Law Enforcement Block
Grants to support the Boys and Girls Clubs.
The Boys and Girls Clubs offer young people the ability to know that
someone cares about them. Club programs and services promote and
enhance the development of boys and girls by instilling a sense of
competence, usefulness, belonging, and influence.
These clubs give young people a chance to go during their free time
where they can interact with others in a positive social environment.
The clubs serve over 3.3 million boys and girls. This is in over
2,800 locations around the world. About one half of those are from
single parent families and almost two-thirds are from minority
families.
The challenges these children must cope with outstrip problems faced
by previous generations. Drug, gang, and gun-related violence has risen
to previously unimaginable heights. But their place of refuge has not
changed, because Boys and Girls Clubs continue to do what they do
best--using proven programs and caring staff to save lives.
The Boys and Girls Clubs teaches young people in many areas of life.
These include: character and leadership, education and career, health
and life skills, the arts, sports, fitness and recreation, and
specialized programs.
[[Page H4087]]
Most important is the Boys and Girls Clubs is neighborhood based--an
actual place for the children to go--designed solely for youth programs
and activities.
Support the Boys and Girls Clubs of America.
Amendment Offered by Mr. Brady of Texas
Mr. BRADY of Texas. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Brady of Texas:
Page 2, line 7, after the dollar amount insert the
following: ``(increased by $2,500,000)''.
Page 57, line 14, after the dollar amount insert the
following: ``(decreased by $5,000,000)''.
Page 71, line 4, after the dollar amount insert the
following: ``(increased by $2,500,000)''.
Mr. BRADY of Texas. Mr. Chairman, my amendment is simple. I want to
ensure that the Department of State and the Department of Justice have
the resources they need to start the process to close safe havens
around the world for fugitives who commit crimes in America and flee
our justice.
We can do this by updating and modernizing extradition treaties, as
well as negotiating new ones. This problem is growing. The world is
getting smaller; and whereas in the past criminals would flee to the
county or State line to flee justice, today they flee the country and
even the continent. We have more than 3,000 indicted criminals who have
fled America and are out of our reach. The crimes they have committed
or are charged with are serious. They include murder, terrorism, drug
trafficking, child abduction, money laundering, financial fraud, and
the new growing area of cybercrime.
Currently, America has international extradition agreements with only
60 percent of the world's countries. Unfortunately, it is important to
note that nearly half of these were enacted before World War II, so
they are hopelessly outdated. Even the others, State Department
officials tell us those enacted prior to 1970 are basically ineffective
because only specific crimes are listed in the treaties as
extraditable, and crimes have changed a lot in the last three decades.
Mr. Chairman, we have crimes that are growing and criminals who are
fleeing more and more, with criminal justice tools that are more
outdated and less effective. This is not justice. It is not fair to the
victims of these crimes, and it is not acceptable any longer.
Mr. Chairman, I am always cautious about how and where the hard-
earned dollars of the American taxpayer are spent. More funding is
necessary to help close these safe havens. Furthermore, this is
something that can only be done by our Federal Government. It will not
happen overnight. It will take many years, but we are capable of doing
it.
Mr. Chairman, I had a provision inserted in the State Department
fiscal year 2000 authorization bill requiring them to report back to us
on our extradition agreements. I must say I was disappointed in the
report. They seemed to gloss over the problems, perhaps to put politics
over justice.
I am hopeful that the new administration will take a stronger
position on closing these safe havens. This amendment is strictly
designed to urge the new leadership of the Justice Department and State
Department to let Congress know that we are serious about closing these
safe havens, that we want both agencies to work together and with
Congress to update our treaties and to work toward the day where there
is nowhere on this world to hide for those who commit crimes against
America.
Mr. WOLF. Mr. Chairman, will the gentleman yield?
Mr. BRADY of Texas. I yield to the gentleman from Virginia.
Mr. WOLF. Mr. Chairman, the gentleman from Texas has played a leading
role in trying to close safe havens abroad, and I share his desire to
do that.
In response to the gentleman's concerns, the committee has included
report language for the Department of State to work with the Department
of Justice to bolster our efforts to negotiate extradition treaties.
We expect that the Department of Justice and Department of State will
use increased funding in fiscal year 2002 for this purpose. Let me add,
if the gentleman from Texas would like, after we move beyond debate and
pass the bill, we can have a meeting with Department of Justice and
Department of State to make sure that they know the intensity that both
of us feel with regard to this.
Mr. BRADY of Texas. Mr. Chairman, I thank the gentleman from Virginia
for his efforts. With his commitment to ensure that the Department of
Justice and Department of State are being provided with the necessary
resources and that these agencies understand that Congress expects them
to put a greater emphasis on negotiating and enforcing extradition
treaties, Mr. Chairman, I ask unanimous consent to withdraw my
amendment.
The CHAIRMAN. Is there objection to the request of the gentleman from
Texas?
There was no objection.
The CHAIRMAN. The amendment is withdrawn.
The Clerk will read.
The Clerk read as follows:
joint automated booking system
For expenses necessary for the nationwide deployment of a
Joint Automated Booking System including automated capability
to transmit fingerprint and image data, $15,957,000, to
remain available until expended.
narrowband communications
For the costs of conversion to narrowband communications,
including the cost for operation and maintenance of Land
Mobile Radio legacy systems, $104,615,000, to remain
available until expended.
Counterterrorism Fund
For necessary expenses, as determined by the Attorney
General, $4,989,000, to remain available until expended, to
reimburse any Department of Justice organization for: (1) the
costs incurred in reestablishing the operational capability
of an office or facility which has been damaged or destroyed
as a result of any domestic or international terrorist
incident; and (2) the costs of providing support to counter,
investigate or prosecute domestic or international terrorism,
including payment of rewards in connection with these
activities: Provided, That any Federal agency may be
reimbursed for the costs of detaining in foreign countries
individuals accused of acts of terrorism that violate the
laws of the United States: Provided further, That funds
provided under this paragraph shall be available only after
the Attorney General notifies the Committees on
Appropriations of the House of Representatives and the Senate
in accordance with section 605 of this Act.
Administrative Review and Appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities,
$178,751,000.
Detention Trustee
For necessary expenses of the Federal Detention Trustee who
shall exercise all power and functions authorized by law
relating to the detention of Federal prisoners in non-Federal
institutions or otherwise in the custody of the United States
Marshals Service; and the detention of aliens in the custody
of the Immigration and Naturalization Service, $1,721,000:
Provided, That the Trustee shall be responsible for
overseeing construction of detention facilities or for
housing related to such detention; the management of funds
appropriated to the Department for the exercise of any
detention functions; and the direction of the United States
Marshals Service and Immigration and Naturalization Service
with respect to the exercise of detention policy setting and
operations for the Department.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $50,735,000; including not to exceed
$10,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney
General; and for the acquisition, lease, maintenance, and
operation of motor vehicles, without regard to the general
purchase price limitation for the current fiscal year.
United States Parole Commission
Salaries and Expenses
For necessary expenses of the United States Parole
Commission as authorized by law, $10,915,000.
Legal Activities
Salaries and Expenses, General Legal Activities
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District of
Columbia, $568,011,000; of which not to exceed $10,000,000
for litigation support contracts shall remain available until
expended: Provided, That of the funds available in this
appropriation, $18,835,000 shall remain available until
expended only for office automation systems for the legal
divisions covered by
[[Page H4088]]
this appropriation, and for the United States Attorneys, the
Antitrust Division, the United States Trustee Program, the
Executive Office for Immigration Review, the Community
Relations Service, and offices funded through ``Salaries and
Expenses'', General Administration: Provided further, That of
the total amount appropriated, not to exceed $1,000 shall be
available to the United States National Central Bureau,
INTERPOL, for official reception and representation expenses:
Provided further, That notwithstanding any other provision of
law, upon a determination by the Attorney General that
emergent circumstances require additional funding for
litigation activities of the Civil Division, the Attorney
General may transfer such amounts to ``Salaries and Expenses,
General Legal Activities'' from available appropriations for
the current fiscal year for the Department of Justice, as may
be necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the previous proviso
shall be treated as a reprogramming under section 605 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, as
amended, not to exceed $4,028,000, to be appropriated from
the Vaccine Injury Compensation Trust Fund.
Salaries and Expenses, Antitrust Division
For expenses necessary for the enforcement of antitrust and
kindred laws, $105,366,000: Provided, That, notwithstanding
section 3302(b) of title 31, United States Code, not to
exceed $105,366,000 of offsetting collections derived from
fees collected in fiscal year 2002 for premerger notification
filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a) shall be retained and used for
necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced as
such offsetting collections are received during fiscal year
2002, so as to result in a final fiscal year 2002
appropriation from the general fund estimated at not more
than $0.
Salaries and Expenses, United States Attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $1,353,968,000; of which not to exceed $2,500,000
shall be available until September 30, 2003, for: (1)
training personnel in debt collection; (2) locating debtors
and their property; (3) paying the net costs of selling
property; and (4) tracking debts owed to the United States
Government: Provided, That of the total amount appropriated,
not to exceed $8,000 shall be available for official
reception and representation expenses: Provided further, That
not to exceed $10,000,000 of those funds available for
automated litigation support contracts shall remain available
until expended: Provided further, That not to exceed
$2,500,000 for the operation of the National Advocacy Center
shall remain available until expended: Provided further,
That, in addition to reimbursable full-time equivalent
workyears available to the Offices of the United States
Attorneys, not to exceed 9,571 positions and 9,776 full-time
equivalent workyears shall be supported from the funds
appropriated in this Act for the United States Attorneys.
United States Trustee System Fund
For necessary expenses of the United States Trustee
Program, as authorized by 28 U.S.C. 589a(a), $145,937,000, to
remain available until expended and to be derived from the
United States Trustee System Fund: Provided, That,
notwithstanding any other provision of law, deposits to the
Fund shall be available in such amounts as may be necessary
to pay refunds due depositors: Provided further, That,
notwithstanding any other provision of law, $145,937,000 of
offsetting collections pursuant to 28 U.S.C. 589a(b) shall be
retained and used for necessary expenses in this
appropriation and remain available until expended: Provided
further, That the sum herein appropriated from the Fund shall
be reduced as such offsetting collections are received during
fiscal year 2002, so as to result in a final fiscal year 2002
appropriation from the Fund estimated at $0.
Salaries and Expenses, Foreign Claims Settlement Commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by 5 U.S.C. 3109, $1,136,000.
Salaries and Expenses, United States Marshals Service
For necessary expenses of the United States Marshals
Service, including the acquisition, lease, maintenance, and
operation of vehicles, and the purchase of passenger motor
vehicles for police-type use, without regard to the general
purchase price limitation for the current fiscal year,
$622,646,000; of which not to exceed $6,000 shall be
available for official reception and representation expenses;
and of which not to exceed $4,000,000 for development,
implementation, maintenance and support, and training for an
automated prisoner information system shall remain available
until expended: Provided, That, in addition to reimbursable
full-time equivalent workyears available to the United States
Marshals Service, not to exceed 4,128 positions and 3,993
full-time equivalent workyears shall be supported from the
funds appropriated in this Act for the United States Marshals
Service.
Construction
For planning, constructing, renovating, equipping, and
maintaining United States Marshals Service prisoner-holding
space in United States courthouses and Federal buildings,
including the renovation and expansion of prisoner movement
areas, elevators, and sallyports, $6,628,000 to remain
available until expended.
Federal Prisoner Detention
For expenses, related to United States prisoners in the
custody of the United States Marshals Service, but not
including expenses otherwise provided for in appropriations
available to the Attorney General, $724,682,000, to remain
available until expended.
Fees and Expenses of Witnesses
For expenses, mileage, compensation, and per diems of
witnesses, for expenses of contracts for the procurement and
supervision of expert witnesses, for private counsel
expenses, and for per diems in lieu of subsistence, as
authorized by law, including advances, $148,494,000, to
remain available until expended; of which not to exceed
$6,000,000 may be made available for planning, construction,
renovations, maintenance, remodeling, and repair of
buildings, and the purchase of equipment incident thereto,
for protected witness safesites; of which not to exceed
$1,000,000 may be made available for the purchase and
maintenance of armored vehicles for transportation of
protected witnesses; and of which not to exceed $5,000,000
may be made available for the purchase, installation, and
maintenance of secure telecommunications equipment and a
secure automated information network to store and retrieve
the identities and locations of protected witnesses.
Salaries and Expenses, Community Relations Service
For necessary expenses of the Community Relations Service,
$9,269,000 and, in addition, up to $1,000,000 of funds made
available to the Department of Justice in this Act may be
transferred by the Attorney General to this account:
Provided, That notwithstanding any other provision of law,
upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict
prevention and resolution activities of the Community
Relations Service, the Attorney General may transfer such
amounts to the Community Relations Service, from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant
to the previous proviso shall be treated as a reprogramming
under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
Assets Forfeiture Fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B),
(F), and (G), as amended, $21,949,000, to be derived from the
Department of Justice Assets Forfeiture Fund.
Radiation Exposure Compensation
Administrative Expenses
For necessary administrative expenses in accordance with
the Radiation Exposure Compensation Act, $1,996,000.
Payment to Radiation Exposure Compensation Trust Fund
For payments to the Radiation Exposure Compensation Trust
Fund of claims covered by the Radiation Exposure Compensation
Act as in effect on June 1, 2000, $10,776,000.
Interagency Law Enforcement
Interagency Crime and Drug Enforcement
For necessary expenses for the detection, investigation,
and prosecution of individuals involved in organized crime
drug trafficking not otherwise provided for, to include
inter-governmental agreements with State and local law
enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $340,189,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed
from this appropriation: Provided further, That any
unobligated balances remaining available at the end of the
fiscal year shall revert to the Attorney General for
reallocation among participating organizations in succeeding
fiscal years, subject to the reprogramming procedures set
forth in section 605 of this Act.
Federal Bureau of Investigation
Salaries and Expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States; including purchase for
police-type use of not to exceed 1,236 passenger motor
vehicles, of which 1,142 will be for replacement only,
without regard to the general purchase price limitation for
the current fiscal year, and hire of passenger motor
vehicles; acquisition, lease, maintenance, and operation of
aircraft; and not to exceed $70,000 to meet unforeseen
emergencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney
[[Page H4089]]
General, $3,491,073,000; of which not to exceed $50,000,000
for automated data processing and telecommunications and
technical investigative equipment and not to exceed
$1,000,000 for undercover operations shall remain available
until September 30, 2003; of which not less than $448,467,000
shall be for counterterrorism investigations, foreign
counterintelligence, and other activities related to our
national security; of which not to exceed $10,000,000 is
authorized to be made available for making advances for
expenses arising out of contractual or reimbursable
agreements with State and local law enforcement agencies
while engaged in cooperative activities related to violent
crime, terrorism, organized crime, and drug investigations:
Provided, That not to exceed $45,000 shall be available for
official reception and representation expenses: Provided
further, That, in addition to reimbursable full-time
equivalent workyears available to the Federal Bureau of
Investigation, not to exceed 24,935 positions and 24,488
full-time equivalent workyears shall be supported from the
funds appropriated in this Act for the Federal Bureau of
Investigation.
Construction
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of Federally-owned buildings; and preliminary
planning and design of projects; $1,250,000, to remain
available until expended.
Drug Enforcement Administration
Salaries and Expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character, to be
expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General;
expenses for conducting drug education and training programs,
including travel and related expenses for participants in
such programs and the distribution of items of token value
that promote the goals of such programs; purchase of not to
exceed 1,358 passenger motor vehicles, of which 1,079 will be
for replacement only, for police-type use without regard to
the general purchase price limitation for the current fiscal
year; and acquisition, lease, maintenance, and operation of
aircraft, $1,476,083,000; of which not to exceed $1,800,000
for research shall remain available until expended, and of
which not to exceed $4,000,000 for purchase of evidence and
payments for information, not to exceed $10,000,000 for
contracting for automated data processing and
telecommunications equipment, and not to exceed $2,000,000
for laboratory equipment, $4,000,000 for technical equipment,
and $2,000,000 for aircraft replacement retrofit and parts,
shall remain available until September 30, 2003; of which not
to exceed $50,000 shall be available for official reception
and representation expenses: Provided, That, in addition to
reimbursable full-time equivalent workyears available to the
Drug Enforcement Administration, not to exceed 7,654
positions and 7,515 full-time equivalent workyears shall be
supported from the funds appropriated in this Act for the
Drug Enforcement Administration.
Immigration and Naturalization Service
Salaries and Expenses
For expenses necessary for the administration and
enforcement of the laws relating to immigration,
naturalization, and alien registration, as follows:
enforcement and border affairs
For salaries and expenses for the Border Patrol program,
the detention and deportation program, the intelligence
program, the investigations program, and the inspections
program, including not to exceed $50,000 to meet unforeseen
emergencies of a confidential character, to be expended under
the direction of, and to be accounted for solely under the
certificate of, the Attorney General; purchase for police-
type use (not to exceed 3,165 passenger motor vehicles, of
which 2,211 are for replacement only), without regard to the
general purchase price limitation for the current fiscal
year, and hire of passenger motor vehicles; acquisition,
lease, maintenance and operation of aircraft; research
related to immigration enforcement; for protecting and
maintaining the integrity of the borders of the United States
including, without limitation, equipping, maintaining, and
making improvements to the infrastructure; and for the care
and housing of Federal detainees held in the joint
Immigration and Naturalization Service and United States
Marshals Service Buffalo Detention Facility, $2,738,517,000;
of which not to exceed $5,000,000 is for payments or advances
arising out of contractual or reimbursable agreements with
State and local law enforcement agencies while engaged in
cooperative activities related to immigration; of which not
to exceed $5,000,000 is to fund or reimburse other Federal
agencies for the costs associated with the care, maintenance,
and repatriation of smuggled illegal aliens: Provided, That
none of the funds available to the Immigration and
Naturalization Service shall be available to pay any employee
overtime pay in an amount in excess of $30,000 during the
calendar year beginning January 1, 2002: Provided further,
That uniforms may be purchased without regard to the general
purchase price limitation for the current fiscal year:
Provided further, That, in addition to reimbursable full-time
equivalent workyears available to the Immigration and
Naturalization Service, not to exceed 20,465 positions and
20,066 full-time equivalent workyears shall be supported from
the funds appropriated under this heading in this Act for the
Immigration and Naturalization Service: Provided further,
That none of the funds provided in this or any other Act
shall be used for the continued operation of the San Clemente
and Temecula checkpoints unless the checkpoints are open and
traffic is being checked on a continuous 24-hour basis.
citizenship and benefits, immigration support and program direction
For all programs of the Immigration and Naturalization
Service not included under the heading ``Enforcement and
Border Affairs'', $632,923,000, of which not to exceed
$400,000 for research shall remain available until expended:
Provided, That not to exceed $5,000 shall be available for
official reception and representation expenses: Provided
further, That the Attorney General may transfer any funds
appropriated under this heading and the heading ``Enforcement
and Border Affairs'' between said appropriations
notwithstanding any percentage transfer limitations imposed
under this appropriations Act and may direct such fees as are
collected by the Immigration and Naturalization Service to
the activities funded under this heading and the heading
``Enforcement and Border Affairs'' for performance of the
functions for which the fees legally may be expended:
Provided further, That not to exceed 40 permanent positions
and 40 full-time equivalent workyears and $4,300,000 shall be
expended for the Offices of Legislative Affairs and Public
Affairs: Provided further, That the latter two aforementioned
offices shall not be augmented by personnel details,
temporary transfers of personnel on either a reimbursable or
non-reimbursable basis, or any other type of formal or
informal transfer or reimbursement of personnel or funds on
either a temporary or long-term basis: Provided further, That
the number of positions filled through non-career appointment
at the Immigration and Naturalization Service, for which
funding is provided in this Act or is otherwise made
available to the Immigration and Naturalization Service,
shall not exceed four permanent positions and four full-time
equivalent workyears: Provided further, That none of the
funds available to the Immigration and Naturalization Service
shall be used to pay any employee overtime pay in an amount
in excess of $30,000 during the calendar year beginning
January 1, 2002: Provided further, That funds may be used,
without limitation, for equipping, maintaining, and making
improvements to the infrastructure and the purchase of
vehicles for police-type use within the limits of the
Enforcement and Border Affairs appropriation: Provided
further, That, in addition to reimbursable full-time
equivalent workyears available to the Immigration and
Naturalization Service, not to exceed 3,146 positions and
3,523 full-time equivalent workyears shall be supported from
the funds appropriated under this heading in this Act for the
Immigration and Naturalization Service: Provided further,
That, notwithstanding any other provision of law, during
fiscal year 2002, the Attorney General is authorized and
directed to impose disciplinary action, including termination
of employment, pursuant to policies and procedures applicable
to employees of the Federal Bureau of Investigation, for any
employee of the Immigration and Naturalization Service who
violates policies and procedures set forth by the Department
of Justice relative to the granting of citizenship or who
willfully deceives the Congress or department leadership on
any matter.
Construction
For planning, construction, renovation, equipping, and
maintenance of buildings and facilities necessary for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration, not
otherwise provided for, $128,454,000, to remain available
until expended: Provided, That no funds shall be available
for the site acquisition, design, or construction of any
Border Patrol checkpoint in the Tucson sector.
Federal Prison System
Salaries and Expenses
For expenses necessary for the administration, operation,
and maintenance of Federal penal and correctional
institutions, including purchase (not to exceed 685, of which
610 are for replacement only) and hire of law enforcement and
passenger motor vehicles, and for the provision of technical
assistance and advice on corrections related issues to
foreign governments, $3,830,971,000: Provided, That the
Attorney General may transfer to the Health Resources and
Services Administration such amounts as may be necessary for
direct expenditures by that Administration for medical relief
for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison
System (FPS), where necessary, may enter into contracts with
a fiscal agent/fiscal intermediary claims processor to
determine the amounts payable to persons who, on behalf of
FPS, furnish health services to individuals committed to the
custody of FPS: Provided further, That not to exceed $6,000
shall be available for official reception and representation
expenses: Provided further, That not to exceed $50,000,000
shall remain available for necessary operations until
September 30, 2003: Provided further, That, of the amounts
provided for Contract Confinement,
[[Page H4090]]
not to exceed $20,000,000 shall remain available until
expended to make payments in advance for grants, contracts
and reimbursable agreements, and other expenses authorized by
section 501(c) of the Refugee Education Assistance Act of
1980, as amended, for the care and security in the United
States of Cuban and Haitian entrants: Provided further, That
the Director of the Federal Prison System may accept donated
property and services relating to the operation of the prison
card program from a not-for-profit entity which has operated
such program in the past notwithstanding the fact that such
not-for-profit entity furnishes services under contracts to
the Federal Prison System relating to the operation of pre-
release services, halfway houses or other custodial
facilities.
{time} 1945
Mr. SERRANO. Mr. Chairman, I move to strike the last word.
I understand we have come to the amendment of the gentleman from
Virginia (Mr. Scott), and I know he is on the House floor somewhere. I
take that back. He is on the House floor, but his amendment is not.
Mr. SCOTT. Mr. Chairman, if the gentleman will yield, we have had a
discussion with the gentleman from Virginia (Mr. Wolf); and I think we
are going to be able to work the amendment out without going through
the process of considering it on the floor. I think we have worked
things out. It involves a prison study. I appreciate the cooperation of
the gentleman from Virginia.
The CHAIRMAN. The Clerk will read.
The Clerk read as follows:
Buildings and Facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities
at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force
account, $813,552,000, to remain available until expended, of
which not to exceed $14,000,000 shall be available to
construct areas for inmate work programs: Provided, That
labor of United States prisoners may be used for work
performed under this appropriation: Provided further, That
not to exceed 10 percent of the funds appropriated to
``Buildings and Facilities'' in this or any other Act may be
transferred to ``Salaries and Expenses'', Federal Prison
System, upon notification by the Attorney General to the
Committees on Appropriations of the House of Representatives
and the Senate in compliance with provisions set forth in
section 605 of this Act.
Federal Prison Industries, Incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments, without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase
(not to exceed five for replacement only) and hire of
passenger motor vehicles.
Limitation on Administrative Expenses, Federal Prison Industries,
Incorporated
Not to exceed $3,429,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed on an
accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which the said accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Office of Justice Programs
Justice Assistance
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended (``the 1968 Act''),
and the Missing Children's Assistance Act, as amended,
including salaries and expenses in connection therewith, and
with the Victims of Crime Act of 1984, as amended,
$187,877,000, to remain available until expended, as
authorized by section 1001 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended by Public
Law 102-534 (106 Stat. 3524).
In addition, for grants, cooperative agreements, and other
assistance authorized by sections 819 and 821 of the
Antiterrorism and Effective Death Penalty Act of 1996 and for
other counterterrorism programs, $220,494,000, to remain
available until expended.
State and Local Law Enforcement Assistance
For assistance authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322), as amended
(``the 1994 Act''); the Omnibus Crime Control and Safe
Streets Act of 1968, as amended (``the 1968 Act''); the
Victims of Child Abuse Act of 1990, as amended (``the 1990
Act''); and the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386); $2,519,575,000
(including amounts for administrative costs, which shall be
transferred to and merged with the ``Justice Assistance''
account), to remain available until expended as follows:
(1) $521,849,000 for Local Law Enforcement Block Grants,
pursuant to H.R. 728 as passed by the House of
Representatives on February 14, 1995, except that for
purposes of this Act, Guam shall be considered a ``State'',
the Commonwealth of Puerto Rico shall be considered a ``unit
of local government'' as well as a ``State'', for the
purposes set forth in subparagraphs (A), (B), (D), (F), and
(I) of section 101(a)(2) of H.R. 728, and for establishing
crime prevention programs involving cooperation between
community residents and law enforcement personnel in order to
control, detect, or investigate crime or the prosecution of
criminals: Provided, That no funds provided under this
heading may be used as matching funds for any other Federal
grant program, of which:
(A) $60,000,000 shall be for Boys and Girls Clubs in public
housing facilities and other areas in cooperation with State
and local law enforcement: Provided, That funds may also be
used to defray the costs of indemnification insurance for law
enforcement officers,
(B) $6,000,000 shall be for the National Police Athletic
League pursuant to Public Law 106-367, and
(C) $19,956,000 shall be available for grants, contracts,
and other assistance to carry out section 102(c) of H.R. 728;
(2) $565,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 242(j) of the Immigration
and Nationality Act, as amended;
(3) $35,000,000 for the Cooperative Agreement Program;
(4) $48,162,000 for assistance to Indian tribes, of which:
(A) $35,191,000 shall be available for grants under section
20109(a)(2) of subtitle A of title II of the 1994 Act,
(B) $7,982,000 shall be available for the Tribal Courts
Initiative, and
(C) $4,989,000 shall be available for demonstration grants
on alcohol and crime in Indian Country;
(5) $570,000,000 for programs authorized by part E of title
I of the 1968 Act, notwithstanding the provisions of section
511 of said Act, of which $70,000,000 shall be for
discretionary grants under the Edward Byrne Memorial State
and Local Law Enforcement Assistance Programs;
(6) $11,975,000 for the Court Appointed Special Advocate
Program, as authorized by section 218 of the 1990 Act;
(7) $2,296,000 for Child Abuse Training Programs for
Judicial Personnel and Practitioners, as authorized by
section 224 of the 1990 Act;
(8) $998,000 for grants for televised testimony, as
authorized by section 1001(a)(7) of the 1968 Act;
(9) $184,537,000 for Grants to Combat Violence Against
Women, to States, units of local government, and Indian
tribal governments, as authorized by section 1001(a)(18) of
the 1968 Act, of which:
(A) $1,000,000 shall be for the Bureau of Justice
Statistics for grants, contracts, and other assistance for a
domestic violence Federal case processing study,
(B) $5,200,000 shall be for the National Institute of
Justice for grants, contracts, and other assistance for
research and evaluation of violence against women,
(C) $10,000,000 shall be for the Office of Juvenile Justice
and Delinquency Prevention for the Safe Start Program, to be
administered as authorized by part C of the Juvenile Justice
and Delinquency Act of 1974, as amended, and
(D) $5,000,000 shall be for the National Institute of
Justice for grants, contracts, and other assistance for
research on family violence;
(10) $64,925,000 for Grants to Encourage Arrest Policies to
States, units of local government, and Indian tribal
governments, as authorized by section 1001(a)(19) of the 1968
Act;
(11) $39,945,000 for Rural Domestic Violence and Child
Abuse Enforcement Assistance Grants, as authorized by section
40295 of the 1994 Act;
(12) $4,989,000 for training programs to assist probation
and parole officers who work with released sex offenders, as
authorized by section 40152(c) of the 1994 Act, and for local
demonstration projects;
(13) $3,000,000 for grants to States and units of local
government to improve the process for entering data regarding
stalking and domestic violence into local, State, and
national crime information databases, as authorized by
section 40602 of the 1994 Act;
(14) $10,000,000 for grants to reduce Violent Crimes
Against Women on Campus, as authorized by section 1108(a) of
Public Law 106-386;
(15) $40,000,000 for Legal Assistance for Victims, as
authorized by section 1201 of Public Law 106-386;
(16) $5,000,000 for enhancing protection for older and
disabled women from domestic violence and sexual assault as
authorized by section 40801 of the 1994 Act;
(17) $15,000,000 for the Safe Havens for Children Pilot
Program as authorized by section 1301 of Public Law 106-386;
[[Page H4091]]
(18) $200,000 for a report of effects of parental
kidnapping laws in domestic violence cases, as authorized by
section 1303 of Public Law 106-386;
(19) $200,000 for the study of standards and processes for
forensic exams of domestic violence, as authorized by section
1405 of Public Law 106-386;
(20) $7,500,000 for Education and Training to end violence
against and abuse of women with disabilities, as authorized
by section 1402 of P.L. 106-386;
(21) $10,000,000 for victim services programs for victims
of trafficking, as authorized by section 107(b)(2) of Public
Law 106-386;
(22) $73,861,000 for grants for residential substance abuse
treatment for State prisoners, as authorized by section
1001(a)(17) of the 1968 Act: Provided, That States that have
in-prison drug treatment programs, in compliance with Federal
requirements, may use their residential substance abuse grant
funds for treatment, both during incarceration and after
release;
(23) $898,000 for the Missing Alzheimer's Disease Patient
Alert Program, as authorized by section 240001(c) of the 1994
Act;
(24) $50,000,000 for Drug Courts, as authorized by title V
of the 1994 Act;
(25) $1,497,000 for Law Enforcement Family Support
Programs, as authorized by section 1001(a)(21) of the 1968
Act;
(26) $1,995,000 for public awareness programs addressing
marketing scams aimed at senior citizens, as authorized by
section 250005(3) of the 1994 Act;
(27) $249,450,000 for Juvenile Accountability Incentive
Block Grants, of which $38,000,000 shall be available for
grants, contracts, and other assistance under the Project
ChildSafe Initiative, except that such funds shall be subject
to the same terms and conditions as set forth in the
provisions under this heading for this program in Public Law
105-119, but all references in such provisions to 1998 shall
be deemed to refer instead to 2002, and Guam shall be
considered a ``State'' for the purposes of title III of H.R.
3, as passed by the House of Representatives on May 8, 1997;
and
(28) $1,298,000 for Motor Vehicle Theft Prevention
Programs, as authorized by section 220002(h) of the 1994 Act:
Provided, That funds made available in fiscal year 2002 under
subpart 1 of part E of title I of the 1968 Act may be
obligated for programs to assist States in the litigation
processing of death penalty Federal habeas corpus petitions
and for drug testing initiatives: Provided further, That, if
a unit of local government uses any of the funds made
available under this title to increase the number of law
enforcement officers, the unit of local government will
achieve a net gain in the number of law enforcement officers
who perform nonadministrative public safety service.
Weed and Seed Program Fund
For necessary expenses, including salaries and related
expenses of the Executive Office for Weed and Seed, to
implement ``Weed and Seed'' program activities, $58,925,000,
to remain available until expended, for inter-governmental
agreements, including grants, cooperative agreements, and
contracts, with State and local law enforcement agencies,
non-profit organizations, and agencies of local government
engaged in the investigation and prosecution of violent
crimes and drug offenses in ``Weed and Seed'' designated
communities, and for either reimbursements or transfers to
appropriation accounts of the Department of Justice and other
Federal agencies which shall be specified by the Attorney
General to execute the ``Weed and Seed'' program strategy:
Provided, That funds designated by Congress through language
for other Department of Justice appropriation accounts for
``Weed and Seed'' program activities shall be managed and
executed by the Attorney General through the Executive Office
for Weed and Seed: Provided further, That the Attorney
General may direct the use of other Department of Justice
funds and personnel in support of ``Weed and Seed'' program
activities only after the Attorney General notifies the
Committees on Appropriations of the House of Representatives
and the Senate in accordance with section 605 of this Act.
Community Oriented Policing Services
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994, Public Law 103-322 (``the 1994
Act'') (including administrative costs), $1,013,498,000, to
remain available until expended: Provided, That no funds that
become available as a result of deobligations from prior year
balances, excluding those for program management and
administration, may be obligated except in accordance with
section 605 of this Act: Provided further, That section 1703
(b) and (c) of the 1968 Act shall not apply to non-hiring
grants made pursuant to part Q of title I thereof (42 U.S.C.
3796dd et seq.): Provided further, That all prior year
balances derived from the Violent Crime Trust Fund for
Community Oriented Policing Services may be transferred into
this appropriation.
Amendment Offered by Mr. Lucas of Oklahoma
Mr. LUCAS of Oklahoma. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Lucas of Oklahoma:
Page 33, line 18, insert after the dollar amount the
following: ``(increased by $11,700,000)''.
Page 34, line 7, insert after the first dollar amount the
following: ``(increased by $11,700,000)''.
Page 34, line 16, insert after the dollar amount the
following: ``(increased by $11,700,000)''.
Page 81, line 24, insert after the dollar amount the
following: ``(reduced by $11,700,000)''.
Mr. LUCAS of Oklahoma. Mr. Chairman, I rise to offer the following
amendment to increase the funding for the methamphetamine enforcement
and cleanup under the COPS program by $11.7 million. This increase is
equal to the amount requested earlier this year by the Congressional
Caucus to Fight and Control Methamphetamines, of which I am a member.
Mr. Chairman, meth is arguably the fastest growing drug threat in
America today, with my home State of Oklahoma ranking number one,
unbelievable as it may be, per capita in the Nation in the number of
meth lab seizures. Over the past 7 years, the number of Oklahoma meth
lab seizures has increased by an unbelievable 8,000 percent. With an
average cleanup cost per lab of $3,500, that equals a substantial
financial strain on Oklahoma as well as the Nation.
Since 1994, DEA seizures of meth labs have increased more than
sixfold nationwide. We are halfway through the year, and already there
have been more DEA and State and local meth lab cleanups than in the
entirety of the last year.
Mr. Chairman, an increase in funding is vital for State and local
enforcement programs in their struggle to combat meth production and
distribution and to remove and dispose of hazardous materials at meth
labs.
I urge Members' support for our amendment and their help in our fight
against this extremely destructive and addictive synthetic drug.
Mr. WOLF. Mr. Chairman, I rise in strong opposition to the
gentleman's amendment.
This amendment would take $11 million from the Broadcasting Board of
Governors, International Broadcasting Operations account. A reduction
of this magnitude would trigger a significant reduction-in-force
affecting up to 100 employees; it would silence the Voice of America in
at least a dozen foreign language services around the globe; and it
would force reductions of worldwide broadcast hours.
In fact, it goes just the opposite. We are trying to broadcast in the
Sudan where there is slavery, terrorism, and this would take us back
the other way.
The amendment would also eliminate funding for a new program
initiative already under way to improve and expand broadcasting to the
Middle East and Sudan in Arabic. This new program is designed to give
the U.S. a voice in a very, very critical area.
U.S. broadcasting to the region is now ineffective, and the U.S. is
not playing a role to counterbalance hate radio that is prevalent in
the Middle East. This amendment would prevent this revamping of current
programming and transmission strategies from moving forward.
The amendment would cause a rollback of efforts to fight jamming of
U.S. broadcasts by governments such as China. When I was in Tibet,
everyone I spoke to in Tibet listened to Radio Free China. Also,
Vietnam that denies their citizens access to information. This jamming
cuts off what for many is the only available source of objective news
and information.
These offsets that the gentleman has chosen are simply unacceptable
and would pretty much wipe out what the committee did. I strongly urge
the rejection of the amendment.
Mr. SERRANO. Mr. Chairman, I move to strike the last word.
There is a way that the gentleman could get a lot of support on this
side for his amendment; and that is, if he directs the cut to
broadcasting to Cuba. So my question to him is, would he be willing to
take the full amount out of broadcasting to Cuba?
Mr. LUCAS of Oklahoma. Mr. Chairman, will the gentleman yield?
Mr. SERRANO. I yield to the gentleman from Oklahoma.
Mr. LUCAS of Oklahoma. Mr. Chairman, I am not sure at this particular
time that I am in a position necessarily to agree to that. I would say
this, though, in regards to both the outstanding chairman and the
ranking member, that looking at this budget, clearly there is a $32
million increase for International Broadcasting Operations. I
acknowledge that there is 7.8
[[Page H4092]]
percent increase in this particular fund and that my reduction would
lower that increase to 5 percent. But the bottom line remains to me, we
have a huge methamphetamine problem that is consuming our society here
at home. I think we have an obligation to try and respond to that. I
wish I could respond favorably to the gentleman, but I cannot.
Mr. SERRANO. Reclaiming my time, I guess that by that statement that
is a ``no,'' but I just want to make sure before I sit down that I made
it clear to him that he had a great opportunity to pick up a lot of
support on this side if he directs that fine amendment to a cut in Cuba
broadcasting. If he did that, I would support him and he would be
surprised how many Members on this side would support him. But I guess
the answer is no, so in general terms, we would oppose cutting
broadcasting because it would hurt areas of the world that need the
support.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Oklahoma (Mr. Lucas).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. LUCAS of Oklahoma. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentleman from Oklahoma (Mr. Lucas)
will be postponed.
Mr. WOLF. Mr. Chairman, earlier I had promised the gentleman from
Utah (Mr. Cannon) that his amendment could be in order and be offered
and he was not here. I know there is at least one Member on the other
side.
Mr. Chairman, I ask unanimous consent that the gentleman from Utah
(Mr. Cannon) be permitted to go back and offer his amendment and that
the gentleman from New York (Mr. Hinchey) be permitted to do the same.
The CHAIRMAN. Is there objection to the request of the gentleman from
Virginia?
Mr. YOUNG of Florida. Mr. Chairman, reserving the right to object,
and I am not going to object, but I make this reservation in order to
have just a minute to say that we will agree to this, but Members have
an obligation to be here as the bill is being presented if they have an
amendment. We will agree to it on this particular unanimous consent
request. We will not agree to it for any further UCs to go back to
anyplace in the bill.
Mr. Chairman, I withdraw my reservation of objection.
The CHAIRMAN. Is there objection to the request of the gentleman from
Virginia?
Mr. OBEY. Mr. Chairman, reserving the right to object, I do so only
to emphasize my total agreement with the comment of the gentleman from
Florida. We will in this instance agree to go back because there is one
Member from each party who would otherwise not be able to offer their
amendments. But I think Members need to understand it is hard enough
for the committee to manage a bill. We try our level best to
accommodate Members. And we try to help them shape their amendments if
they need help, but Members need to be here when those amendments come
up in the regular bill. If they are not here, the committee cannot be
expected to jump through hoops in the future.
{time} 2000
So I think Members need to understand from here on out on this bill,
if you want to offer an amendment, you have to be here at that point in
the bill when the amendment is eligible; or else they will not be
eligible for offering. We are trying to help Members get out at a
reasonable time tonight and make certain that Members' amendments are
going to be dealt with tomorrow, but we need the cooperation of
Members.
So, again, I want to repeat what was said earlier. I also would urge
any Member who is talking about filing an amendment to get that
amendment filed in the Record tonight so that we know what universe of
amendments we are going to be dealing with tomorrow, because the
gentleman from Virginia (Mr. Wolf) and the gentleman from New York (Mr.
Serrano) are going to have a lot of things to do tomorrow, and they
will have an opportunity to put together some kind of an agreement in
the morning. But we need to know which amendments Members are going to
offer. So if they are going to offer amendments, they need to get them
filed in the Record tonight to facilitate the committee business.
Mr. Chairman, I withdraw my reservation of objection.
The CHAIRMAN. Is there objection to the request of the gentleman from
Virginia (Mr. Wolf) that the gentleman from Utah (Mr. Cannon) and the
gentleman from New York (Mr. Hinchey) be permitted to have their
amendments considered out of order?
There was no objection.
Amendment Offered by Mr. Cannon
Mr. CANNON. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Cannon:
On page 12, line 21, strike ``as in effect on June 1,
2000''.
Mr. CANNON. Mr. Chairman, I would like to first thank the gentleman
from Florida (Chairman Young), the gentleman from Virginia (Chairman
Wolf), and the gentleman from Wisconsin (Mr. Obey), the ranking member,
for their condescension in this matter.
Mr. Chairman, this amendment would simply eliminate a distinction in
classes of people that Congress has already decided should be
considered as one class. We recognize that there is not enough money
available for the whole trust fund or to fund all of the claims under
the Radiation Exposure and Compensation Act, and I would just like to
maintain a group, instead of making a distinction between groups.
Mr. WOLF. Mr. Chairman, I rise in support of the amendment.
Mr. Chairman, we accept the amendment. We sympathize with the
gentleman's concerns regarding individuals not receiving their
compensation payments. The bill includes $10,766,000 to make payments
to individuals who qualify for compensation under the original
Radiation Exposure Act.
The gentleman has a very, very good point. This program has now
become in effect an entitlement program, with little or no
discretionary funds available to pay for it. Both the administration
and the budget resolution propose to convert this to a mandatory
activity.
I strongly support this proposal. I think the gentleman has a very
good point. I read the article in the newspaper the other day about the
elderly lady in Maryland whose husband died of radiation. Most of these
people are getting very old, so I think it is important to provide it
so everyone can be involved.
Mr. CANNON. Mr. Chairman, will the gentleman yield?
Mr. WOLF. I yield to the gentleman from Utah.
Mr. CANNON. Mr. Chairman, I have in fact introduced a bill in the
House that would make this a mandatory expenditure instead of
discretionary. My colleague from Utah in the other body has also
introduced a bill. I suspect that the likelihood that this will pass
this Congress is very high, and that I think it would eliminate the
concern and the problem we have here.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Utah (Mr. Cannon).
The amendment was agreed to.
Amendment No. 2 Offered by Mr. Hinchey
Mr. HINCHEY. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 2 offered by Mr. Hinchey:
In title I, in the item relating to ``Federal Prison
System--buildings and facilities'', after the aggregate
dollar amount, insert the following: ``(reduced by
$73,000,000)''.
In title II, in the item relating to ``Economic Development
Administration--economic development assistance programs'',
after the aggregate dollar amount, insert the following:
``(increased by $73,000,000)''.
Mr. HINCHEY. Mr. Chairman, this amendment would increase funding for
the Economic Development Administration by $73 million. This would
simply level-fund EDA at what it had last year.
Since 1965, the EDA has been helping communities build their
infrastructure, develop their business base, rebuild their economies in
the wake of natural disasters, plant closings and military base
realignments, and also address persistent unemployment and
underemployment problems.
Over the years, EDA has invested more than $16 billion all across the
[[Page H4093]]
country. It has been a good investment, generating almost three times
as much supporting private investment. EDA public works programs help
fund locally developed infrastructure projects that are critical to
attracting private sector businesses to local communities. Every dollar
of EDA public works money generates an additional $10 in private
investment results. It is clear, I think, that in each and every one of
our districts, we have seen the effects of EDA.
We offset this $73 million by decreasing the prison construction
account by a like amount, $73 million. The bill provides $813.5 million
for prison construction. With this reduction, there is still more than
$740 million left in this account to build new Federal prisons.
Mr. Chairman, I yield to the gentleman from New Jersey (Mr.
Pascrell).
Mr. PASCRELL. Mr. Chairman, I want to thank the gentleman from New
York for introducing this amendment to increase funding for EDA.
A program close to my heart within EDA, and I know the gentleman from
Virginia would appreciate this, is the Trade Adjustment Assistance for
Firms program administered by the Department of Commerce. This program
has been incredibly successful in the State of New Jersey.
We need this help in the Garden State. It has not seen many benefits
from the unfair trade agreements, such as NAFTA. John Walsh has done a
tremendous job in New Jersey with the little resources that he has.
This bill merely provides TAA level funding which is wholly
unacceptable at this point.
The response for TAA is overwhelming, Mr. Chairman. The
implementation of NAFTA and the globalization we see under WTO has only
highlighted the demands for firms for this assistance. In New Jersey
last year, 4,000 jobs were retained or created with the help of the
TAA. This is critical.
It is interesting that in this country, many times the only way we
can get health care is if you go to prison. What we are saying to the
displaced workers in this globalization of trade, and the gentleman
from Virginia knows this is quite true, these people have no place to
go. We need this money best spent for our own workers.
That is not to say that Federal prisons do not need to be built; but
we need to take care of our own workers first that are being displaced
by the trade agreements, the plethora of trade agreements that we see
before us.
We know that this is an unfair trade agreement that is to be before
us in a few weeks. It destroys firms. It sends jobs overseas. I have
witnessed that in my own district. By saving companies in peril, the
TAA has created and saved jobs in communities around this country.
There is nothing worse, Mr. Chairman, than the displaced worker who
has been displaced by a job overseas that he should have had retained.
TAA has averted the need for millions of dollars in unemployment
compensation, Dislocated Workers' Compensation, welfare cash
assistance, food stamps and other programs. This is money within the
economy itself.
The entire New Jersey delegation contacted this subcommittee in a
bipartisan manner to support increased funding for the TAA to a level
of no less than $24 million. This amendment will help us come close to
adequately addressing the needs of American manufacturers and our
changing global economy.
I thank the gentleman from New York (Mr. Hinchey); I thank the
gentleman from Virginia (Mr. Wolf); and I thank the chairman, for our
workers need no less.
Mr. WOLF. Mr. Chairman, I rise in very strong opposition to this
amendment. A reduction in funding for the buildings and facilities
program will delay construction of seven partially funded projects.
One should go to a prison and see the conditions in the prison. One
of the biggest problems in prison is prison rape, where the men are
double and tripled bunked and have no place to go.
The Bureau of Prisons is currently operating at 33 percent above the
rate of capacity, system-wide. Crowding at medium-security facilities
is 58 percent above the rate of capacity, and 48 percent at high-
security penitentiaries.
While the gentleman has some merit to the concept of what he wants to
do, he should not take money from the prisons. You cannot put a man or
woman in prison for 15 years with terrible conditions and no
rehabilitation and expect them to come out and be decent citizens.
Higher levels of crowding potentially endanger staff, inmates, and the
community. In fact, as you can almost say, to do this could bring about
riots in the prisons.
Further, the Bureau of Prisons is experiencing its third consecutive
year of record population growth in fiscal year 2000, of over 11,400
inmates; and all indications are that it will continue to grow. The
projections are inmate population will increase by 36 percent by the
fiscal year 2008.
Infrastructure at existing Bureau of Prisons facilities is severely
taxed by over-utilization, which causes maintenance problems, premature
deterioration of physical plants. Of the Bureau of Prisons' 98
facilities, a third are over 50 years old and over half are over 20
years old. These facilities were not designed to operate at this level.
Finally, reducing the new construction funds means there will be no
additional capacity for female inmates. The Bureau of Prisons female
population is expected to increase 50 percent by the end of fiscal year
2008, resulting in a critical shortage of bed space for female inmates.
Since 1994, only one facility has been added to provide female
capacity, and that was accomplished with the conversion of a male
facility for female use.
Delaying the secure facilities for female offenders would also
increase the system-wide crowding levels, since male institutions
cannot be returned to housing male offenders as planned.
Before I got elected to Congress, I worked in a program called Man-
to-Man down at Lorton Reformatory. This amendment would be a terrible
thing to do. Had the gentleman been able to find some other money some
other place, we could look at it, but to take it out of the
construction of prisons, where the conditions in the prisons are so
miserable. In fact, I am going to be introducing a bill with a Member
from your side with regard to asking for an investigation and study of
prison rape. If you could see the number of men who are raped in
prisons around this country, it would be a worldwide disgrace. We want
people to see it so we can do something about it.
Mr. Chairman, I strongly urge my colleagues to vote against this
amendment. This would be bad, and I think it would create conditions
that I think, frankly, would be unfortunate for the prisons.
Mr. PASCRELL. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, do we want to build bigger jails, or do we want to
build a better economy? No one is saying on this floor that we do not
need to build more Federal prisons. No one is saying that. But this
administration is asking us to listen to them on the issue of trade.
The gentleman from Virginia has spoken on this floor many times about
displaced workers, about human rights; and I have followed the
gentleman's point and been in support. If one listens to those who want
to trade and open up the floodgates, because nothing is free, this
trade is a cure that will increase employment, which will increase
productivity and end human rights abuses. It will promote democracy, we
hear, democracy, and do just about everything one wants. These are all
unproved theories.
It seems to me we could take some money from that large pool of
building prisons. There is no debate about the need, Mr. Chairman, but
the question is, what about our own workers? The TAA has been a
responsible agency. The gentleman has supported it, and we have all
supported it, to help those people who have been displaced as we have
exported our jobs all over the world, to countries that do not respect
us and do not respect human rights. Yet we stand here on the brink of
another debate on trade, a few of those dollars, a few of those
dollars, to TAA.
Mr. WOLF. Mr. Chairman, will the gentleman yield?
Mr. PASCRELL. I yield to the gentleman from Virginia.
Mr. WOLF. Mr. Chairman, we cannot take it out of the prisons. The
conditions there, I agree, I will be with the
[[Page H4094]]
gentleman tomorrow or the next day on not granting MFN or PNTR to
China, but I just do not think you can take it out of the prisons. The
conditions in the prisons are so difficult and so bad.
{time} 2015
So that is the problem that I have with the amendment. We just cannot
take it out of the prisons.
Mr. PASCRELL. Mr. Chairman, reclaiming my time, this is 10 percent.
We are not talking about the prisoners, we are talking basically about
construction. This bill only talks about construction.
Retaining and creating jobs, the TAA, has generated Federal and State
revenues, tax revenues, at a ratio of $12 for every dollar appropriated
by this Congress. It has been a bipartisan program. We know the errors
of NAFTA as well as the other trade agreements. To me, the American
worker and the American working family is more important, if I have to
make a priority. Now, when we have all priorities, we have no priority.
All we are asking for is a few dollars in the TAA program, which the
gentleman knows has worked and has been successful, to help the workers
in America that have been displaced by our trade agreements.
Mr. Chairman, our manufacturers and fabricators and dye shops all
over America ask for our support. Will we turn our backs on them? We
have an opportunity in this legislation with this amendment for a few
dollars to help those dislocated workers. Otherwise, we will be into
the empty words of the trade debate in a few weeks, and what will we
have accomplished?
The CHAIRMAN. The question is on the amendment offered by the
gentleman from New York (Mr. Hinchey).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. HINCHEY. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentleman from New York (Mr. Hinchey)
will be postponed.
The Clerk will read.
The Clerk read as follows:
Of the amounts provided:
(1) for Public Safety and Community Policing Grants
pursuant to title I of the 1994 Act, $470,249,000 as follows:
$330,000,000 for the hiring of law enforcement officers,
including school resource officers; $20,662,000 for training
and technical assistance; $25,444,000 for the matching grant
program for Law Enforcement Armor Vests pursuant to section
2501 of part Y of the Omnibus Crime Control and Safe Streets
Act of 1968, as amended (``the 1968 Act''); $31,315,000 to
improve tribal law enforcement including equipment and
training; $48,393,000 for policing initiatives to combat
methamphetamine production and trafficking and to enhance
policing initiatives in ``drug hot spots''; and $14,435,000
for Police Corps education, training, and service under
sections 200101-200113 of the 1994 Act;
(2) for crime technology, $363,611,000 as follows:
$150,000,000 for a law enforcement technology program;
$35,000,000 for grants to upgrade criminal records, as
authorized under the Crime Identification Technology Act of
1998 (42 U.S.C. 14601); $40,000,000 for DNA testing as
authorized by the DNA Analysis Backlog Elimination Act of
2000 (Public Law 106-546); $35,000,000 for State and local
DNA laboratories as authorized by section 1001(a)(22) of the
1968 Act, and for improvements to State and local forensic
laboratories' general science capacity and capability; and
$103,611,000 for grants, contracts and other assistance to
States under section 102(b) of the Crime Identification
Technology Act of 1998 (42 U.S.C. 14601), of which
$17,000,000 is for the National Institute of Justice for
grants, contracts, and other agreements to develop school
safety technologies and training;
(3) for prosecution assistance, $99,780,000 as follows:
$49,780,000 for a national program to reduce gun violence,
and $50,000,000 for the Southwest Border Prosecutor
Initiative;
(4) for grants, training, technical assistance, and other
expenses to support community crime prevention efforts,
$46,864,000 as follows: $14,967,000 for Project Sentry;
$14,934,000 for an offender re-entry program; and $16,963,000
for a police integrity program; and
(5) not to exceed $32,994,000 for program management and
administration.
Juvenile Justice Programs
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974, as amended (``the Act''), including
salaries and expenses in connection therewith to be
transferred to and merged with the appropriations for Justice
Assistance, $278,483,000, to remain available until expended,
as authorized by section 299 of part I of title II and
section 506 of title V of the Act, as amended by Public Law
102-586, of which: (1) notwithstanding any other provision of
law, $6,832,000 shall be available for expenses authorized by
part A of title II of the Act, $88,804,000 shall be available
for expenses authorized by part B of title II of the Act, and
$50,139,000 shall be available for expenses authorized by
part C of title II of the Act: Provided, That $26,442,000 of
the amounts provided for part B of title II of the Act, as
amended, is for the purpose of providing additional formula
grants under part B to States that provide assurances to the
Administrator that the State has in effect (or will have in
effect no later than 1 year after date of application)
policies and programs that ensure that juveniles are subject
to accountability-based sanctions for every act for which
they are adjudicated delinquent; (2) $11,974,000 shall be
available for expenses authorized by sections 281 and 282 of
part D of title II of the Act for prevention and treatment
programs relating to juvenile gangs; (3) $9,978,000 shall be
available for expenses authorized by section 285 of part E of
title II of the Act; (4) $15,965,000 shall be available for
expenses authorized by part G of title II of the Act for
juvenile mentoring programs; and (5) $94,791,000 shall be
available for expenses authorized by title V of the Act for
incentive grants for local delinquency prevention programs;
of which $12,472,000 shall be for delinquency prevention,
control, and system improvement programs for tribal youth; of
which $14,967,000 shall be available for the Safe Schools
Initiative including $5,033,000 for grants, contracts, and
other assistance under the Project Sentry Initiative; and of
which $37,000,000 shall be available for grants, contracts
and other assistance under the Project ChildSafe Initiative:
Provided further, That of amounts made available under the
Juvenile Justice Programs of the Office of Justice Programs
to carry out part B (relating to Federal Assistance for State
and Local Programs), subpart II of part C (relating to
Special Emphasis Prevention and Treatment Programs), part D
(relating to Gang-Free Schools and Communities and Community-
Based Gang Intervention), part E (relating to State Challenge
Activities), and part G (relating to Mentoring) of title II
of the Juvenile Justice and Delinquency Prevention Act of
1974, and to carry out the At-Risk Children's Program under
title V of that Act, not more than 10 percent of each such
amount may be used for research, evaluation, and statistics
activities designed to benefit the programs or activities
authorized under the appropriate part or title, and not more
than 2 percent of each such amount may be used for training
and technical assistance activities designed to benefit the
programs or activities authorized under that part or title.
In addition, for grants, contracts, cooperative agreements,
and other assistance, $10,976,000 to remain available until
expended, for developing, testing, and demonstrating programs
designed to reduce drug use among juveniles.
In addition, for grants, contracts, cooperative agreements,
and other assistance authorized by the Victims of Child Abuse
Act of 1990, as amended, $8,481,000, to remain available
until expended, as authorized by section 214B of the Act.
Public Safety Officers Benefits
To remain available until expended, for payments authorized
by part L of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796), as amended, such sums
as are necessary, as authorized by section 6093 of Public Law
100-690 (102 Stat. 4339-4340); and $2,395,000, to remain
available until expended for payments as authorized by
section 1201(b) of said Act.
General Provisions--Department of Justice
Sec. 101. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $45,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception
and representation expenses in accordance with distributions,
procedures, and regulations established by the Attorney
General.
Sec. 102. Authorities contained in the Department of
Justice Appropriation Authorization Act, Fiscal Year 1980
(Public Law 96-132; 93 Stat. 1040 (1979)), as amended, shall
remain in effect until the effective date of a subsequent
Department of Justice Appropriation Authorization Act.
Sec. 103. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape: Provided, That
should this prohibition be declared unconstitutional by a
court of competent jurisdiction, this section shall be null
and void.
Amendment Offered by Ms. De Gette
Ms. DeGETTE. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Ms. DeGette:
Page 39, strike lines 18 through 24 (and make such
technical and conforming changes as may be appropriate).
Ms. DeGETTE. Mr. Chairman, the amendment I am offering here tonight
is very straightforward. It removes the language of the bill that
prohibits the use of Federal funds for abortion services for women in
Federal prison.
Unlike other American women who are denied Federal coverage of
abortion
[[Page H4095]]
services, most women in prison are indigent. They have little access to
outside financial help, and they earn extremely low wages in prison
jobs.
They are also often incarcerated in prisons that are far away from
their support system of family and friends and, as a result, inmates in
the Federal Prison System are completely dependent on the Bureau of
Prisons for all their needs, including food, shelter, clothing, and all
on their aspects of their medical care. These women are not able to
work at jobs that would enable them to pay for medical services,
including abortion services, and most of them do not have the support
of families to pay for those services.
The overwhelming majority of women in Federal prisons work on the
general pay scale and earn from 12 cents to 40 cents an hour, which
equals roughly $5 to $16 a week. Let me repeat that. The average woman
inmate in prison earns $5 to $16 per week. The average cost of an early
outpatient abortion ranges from $200 to $400, and it goes up from
there.
Even if a woman in the Federal Prison System earned the maximum wage
on the general pay scale and worked 40 hours a week, which many
prisoners are not able to do, she would not earn enough in 12 weeks to
pay for an abortion in the first trimester if she so chose, and, of
course, after that, the cost and risks of an abortion go up
dramatically.
So, the woman in prison is caught in a vicious cycle. Even if she
saved her entire income, every single penny, she could never afford an
abortion on her own. Therefore, women in prison do not have any choice
at all.
Congress's continued denial of coverage of abortion services for
Federal inmates has effectively shut down the only avenue these women
have to pursue their constitutional right to choose.
Let me remind my colleagues, for the last 28 years, women in America
have had a constitutional right to choose abortion as a reproductive
choice. This right does not disappear when a woman walks through the
prison doors. The consequence of the Federal funding ban is that
inmates who have no independent financial means, which is most of them,
are foreclosed from their constitutional choice of an abortion in
violation of their rights under the Constitution.
With the absence of funding by the very institution prisoners depend
on for the rest of their health services, many pregnant women prisoners
are, in fact, forced to carry unwanted pregnancies to term. Motherhood
is mandated for them.
I think it is important to point out that the anti-choice movement in
Congress has denied coverage for abortion services to women in the
military, denied coverage for women who work for the government, for
poor people, and for all women insured by the Federal Employees Health
Benefits Plan.
I vehemently disagree with all of these restrictions. I think they
are wrong, and I think they are mean-spirited. But frankly, this
restriction is the worst of all, and here is why: it targets the people
who have the fewest resources and the least number of options. It
effectively denies these women their fundamental right to choose. It is
not just coercive, it is downright inhumane.
Now, let me talk for a moment about the types of women in the Federal
Prison System. Many are victims of physical and sexual abuse. That is
how they got pregnant, oftentimes. Two-thirds of the women who are
incarcerated are incarcerated for nonviolent drug offenses. Many of
them are HIV-infected, and many of them have full-blown AIDS. Congress
thinks that it is in our country's best interest to force motherhood on
these women? It is simply not our place to make this decision.
Mr. Chairman, what will happen to these children? What will happen to
the children of mothers who have unwanted babies in prison? Frankly, I
think this is the worst kind of government intrusion into the most
personal of decisions. I wholeheartedly support the right of women in
prison to bring their pregnancy to term if they so choose. They, not
me, not anyone here, should make that decision for them.
I want to make it perfectly clear what this amendment is really
about. It is about forcing some women, against their will, to bear a
child in prison, when that child will be shortly taken away from them
at birth, and then, to have that child raised heaven knows where. It is
cruel and it is unfair to force them to go through this pregnancy and,
therefore, I urge my colleagues to vote for the DeGette amendment.
Mr. WOLF. Mr. Chairman, I rise in opposition to the gentlewoman's
amendment.
The provision in the bill the amendment seeks to strike does only one
thing: it prohibits Federal tax dollars from paying for abortions for
Federal prison inmates, except in the case of rape or the life of the
mother.
This is a very longstanding provision, one that has been carried in
12 of the last 13 Commerce, State, Justice, and Judiciary appropriation
bills. The House has consistently, year after year, rejected this
amendment. Last year, this very amendment was rejected by a vote of 254
to 156. Time and again the Congress has debated this issue of whether
Federal tax dollars should be used for abortion, and the answer has
been no.
Mr. Chairman, I urge the rejection of the gentlewoman's amendment.
Mrs. MALONEY of New York. Mr. Chairman, I move to strike the last
word.
Mr. Chairman, I rise in strong support of the DeGette amendment. In
recent years, a woman's access to abortion has been restricted bill by
bill, vote by vote. The DeGette amendment seeks to correct one of these
unjust restrictions.
Women in Federal prisons should not be made to check all of their
rights at the door. Women have a constitutional right to choose, which
should not be denied even if they are incarcerated.
Facing an unintended pregnancy is a tough situation for any woman,
but a woman in prison is faced with very few choices. These women will
have very limited prenatal care. Some women in prison will choose to
carry the pregnancy to term, and I support this choice. But without the
right to choose, their only option is to go through childbirth while
incarcerated, and then to give their child up.
Mr. Chairman, I urge my colleagues to support this amendment which
removes the ban on the use of Federal funds for abortion services for
women in Federal prisons. These women have little or no access to
outside financial or even family assistance and earn extremely low
wages from prison jobs. Women in prison deserve the same choices they
would receive for any other medical condition. We need equity in
reproduction services.
The ban on abortion assistance denies them of their constitutional
rights. Women in prison must not be denied their right to choose when
these prisons cannot guarantee a safe delivery or treatment while
pregnant. The right to choose is meaningless without the access to
choose.
Mr. Chairman, I urge a ``yes'' vote on the DeGette amendment.
Ms. WOOLSEY. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise in strong support of the DeGette amendment.
For women in prison, this amendment projects their constitutional
right to reproductive services, including abortion. Without this
amendment, women in prison are denied the right to health care benefits
that every other woman has available to them. We are not saying women
in prison cannot choose to have a child, we are simply saying they have
a right to choose not to have a child.
Once again, the anti-choice movement is targeting their efforts on
women who have limited options. Most women in prison have few resources
and little outside support. Denying abortion coverage to women in
Federal prisons is just another direct assault on the right of all
women to have reproductive choice.
Mr. Chairman, it is time to honor the Supreme Court decision in Roe
v. Wade and acknowledge that every woman has a right to have access to
safe, reliable abortion services. We must stop these piecemeal attempts
to roll back women's reproductive freedom and we must provide the
education and the resources needed to prevent unwanted pregnancies.
{time} 2030
Mr. Chairman, I ask my colleagues, vote for the DeGette amendment and
[[Page H4096]]
protect a woman's right to reproductive choice.
Mr. MORAN of Virginia. Mr. Chairman, I move to strike the requisite
number of words.
Mr. Chairman, this is not a common occurrence, but it does happen.
When it happens, it is under tragic circumstances. For this Congress to
prevent a woman from being able to make reasonable choices that
influence the rest of her life is just unconscionable.
Women do get arrested and are incarcerated while pregnant. Some women
are impregnated by guards. For whatever reason, some women find
themselves in untenable positions in prison. To deny them the
constitutional rights that women fortunately have in the United States
because they are imprisoned is wrong. For us to be the vehicle that
denies those rights is unconscionable.
Think of the child that is born into a situation where its mother is
incarcerated in prison. Children need to be born into a loving,
nurturing, wanted situation. What could be worse than to be forced to
give birth to a child that might be the result of a rape in prison that
would be a child that one could not care for, that one could not raise
in the way all of us were raised?
The woman deserves the right to choose. She should not be denied
that. This amendment should be supported.
Ms. LEE. Mr. Chairman, I rise in strong support of the DeGette
amendment, which would strike language banning the use of Federal funds
for abortion services for women in Federal prisons.
Since women in prison are completely dependent on the Federal Bureau
of Prisons for all of their health care services, the ban on the use of
Federal funds is a cruel policy that traps women by denying them access
to reproductive care.
Abortion is a legal option for women in America. The ban for women in
Federal prisons is unconstitutional because freedom of choice is a
right that has been protected under our Constitution for more than 25
years.
Furthermore, the great majority of women who enter our Federal prison
system are impoverished and often isolated from family, friends, and
resources.
We are dealing with very complex histories that often tragically
include drug abuse, homelessness, HIV/AIDS and physical and sexual
abuse.
To deny basic reproductive choice would only make worse the crisis
faced by the women and the Federal prison system.
The ban on the use of Federal funds is a deliberate attack by the
antichoice movement to ultimately derail all reproductive options.
Limiting choice for incarcerated women puts other populations at
great risk. This dangerous slippery slope erodes the right to choose
little by little.
We are denying these women the right to health care benefits that
every other woman has readily available to them.
Women in prison receive limited prenatal care, have limited
resources, and must endure the fear of losing custody of their infant
upon birth. These circumstances make it an extremely difficult
situation for pregnant prisoners.
It is my belief that freedom of access must be unconditionally kept
intact.
Therefore, I strongly urge my colleagues to protect this
constitutional right for women in America and vote `yes' on the DeGette
amendment.
Mr. NADLER. Mr. Chairman, I rise to support the DeGette Amendment to
strike the ban on abortion funding for women in federal prison. This
ban is cruel, unnecessary, and unwarranted.
Mr. Chairman, a woman's sentence should not include forcing her to
carry a pregnancy to term. Most women in prison are poor, have little
or no access to outside financial help, and earn extremely low wages
from prison jobs. Inmates in general work 40 hours a week and earn
between 12 to 40 cents per hour. They totally depend on the health
services they receive from their institutions. Most female prisoners
are unable to finance their own abortions, and, therefore, are in
effect denied their constitutional right to an abortion.
Earning the maximum rate of wages, a female prisoner would need to
work 40 hours a week for 12 and \1/2\ weeks just to be able to afford
the lowest cost of a first trimester abortion ($200), but by that time
she is no longer in the first trimester and, therefore, the cost of the
abortion would be higher. So she would need to work even more to pay
for the higher cost and more dangerous abortion. However, she will
never make enough money in prison to pay for a timely, safe abortion
even if she saves every penny she earns from the moment of conception.
Why? Because the cost of later and later term abortions (from $200 to
$700 to $1200) increases faster than her ability to earn money. So the
legislation essentially bans abortion services for women in prison.
Remember, many women prisoners are victims of physical or sexual
abuse and are pregnant before entering prison. In addition, they will
almost certainly be forced to give up their children at birth. Why
should we add to their anguish by denying them access to reproductive
services?
Even worse, prison health services are inadequate for pregnant women.
A 1999 report by Amnesty International USA revealed that gynecological
services for women in prisons are inadequate and of poor quality. So,
not only are we forcing women to carry pregnancies to term, but we are
forcing them to do so in an environment where medical conditions are
notoriously bad. We, therefore, increase the risk of late-term
miscarriages and other potentially life threatening complications. That
is dangerous and unnecessary.
Furthermore, we ought to keep this debate in perspective. This ban on
abortions does not stop thousands of abortions from taking place,
rather it places an unconstitutional burden on a few women facing a
difficult situation. Statistics show that there are approximately
10,448 women in federal prison, that only 4 had abortions in FY 1998
and only 2 had abortions in FY 1999. There were only 56 births in FY
1998, and 24 births in FY 1999. So this is a very small group of
people.
I know full well that the authors of this ban would take away the
right to choose from all American women if they could, but since they
are prevented from doing so by the Supreme Court (and the popular will
of the American people who overwhelmingly support choice) they have
instead targeted their restrictions on women in prison. Women in
prison, who are perhaps the least likely to be able to object.
Well watch out America. After they have denied reproductive health
services to all women in prison, all federal employees, all women in
the armed forces, and all women on public assistance, then they will
once again try to ban all abortions in the United States. And they
won't stop there, we know that many anti-choice forces want to
eliminate contraceptives as well. It is a slippery slope that denies
the realities of today, punishes women, and threatens their health and
safety. This radical agenda must be stopped now.
I urge my colleagues to support the DeGette amendment.
Ms. JACKSON-LEE of Texas. Mr. Speaker, as an advocate for Women's
Choice I strongly support Representative DeGette's amendment.
Representative DeGette's amendment will strike the language in the
Commerce Justice State Appropriations bill which would prohibit federal
funds from being used for abortions in prison.
Abortion is a legal health care option for American women, and has
been for over 20 years. Because Federal prisoners are totally dependent
on health care services provided by the Bureau of Prisons, the ban, in
effect will prevent these women from seeking the needed reproductive
health care that should be every women's right--the right to choose an
abortion.
We know that most women who enter prison are poor. Many of them are
victims of physical and sexual abuse, and some of them are pregnant
before entering prison. An unwanted pregnancy is a difficult issue in
even the most supportive environs. However, limited prenatal care,
isolation from family and friends and the certain custody loss of the
infant upon birth present circumstances which only serve to worsen an
already very dire situation.
In 1993, Congress lifted the funding restrictions that since 1987 had
prohibited the use of federal funds to provide abortion services to
women in federal prisons except during instances of rape and life
endangerment. Women who seek abortions in prison must receive medical
religious and/or social counseling sessions for women seeking abortion.
There must be written documentation of these counseling sessions, and
any staff member who morally or religiously objects to abortion need
not participate in the prisoner's decision making process.
There was a 75 percent growth in the number of women in Federal
prisons over the last decade. Currently, the growth rate for women is
twice that of men in prison. Yet, the rate of infection for HIV and
AIDs in women exceeds the rate of infection for men in prison, and
pregnant women are of course at risk of passing on this disease to
their unborn children.
This ban on federal funds for women in prison is another direct
assault on the right to choose. This ban is just one more step in the
long line of rollbacks on women's reproductive freedoms. We must stop
this assault on reproductive rights.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Colorado (Ms. DeGette).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Ms. DeGETTE. Mr. Chairman, I demand a recorded vote.
[[Page H4097]]
.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentlewoman from Colorado (Ms. DeGette)
will be postponed.
Mr. OBEY. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I do so to engage in a friendly filibuster on behalf of
the House, because what we are trying to do is to bring to the House
floor a unanimous consent agreement so that Members will understand
what the intention is in terms of proceeding for the rest of the
evening.
The staff is in the process of writing the changes to that agreement
right now, so to prevent this from getting into another protracted
debate on another amendment this evening, I am simply taking this time
in the hopes that by the time I sit down, we will have the required
paperwork so the Committee can proceed.
I am looking around with great expectation, hoping that the staff in
fact has the paperwork ready, but I think they have all fled to the
cloakrooms.
Mr. SERRANO. Mr. Chairman, will the gentleman yield?
Mr. OBEY. I yield to the gentleman from New York.
Mr. SERRANO. Mr. Chairman, I just wanted to tell the gentleman that
as he was pondering where everything was, the paper was reaching the
gentleman. I think he is a much happier man now.
Mr. OBEY. Mr. Chairman, I am happy we do not have to ask the Sergeant
to bring in the absent staff.
If the gentleman is ready to proceed, I am happy to yield back my
time so that he can propound the unanimous consent request.
Mr. WOLF. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Reynolds) having assumed the chair, Mr. Hastings of Washington,
Chairman of the Committee of the Whole House on the State of the Union,
reported that that Committee, having had under consideration the bill
(H.R. 2500), making appropriations for the Departments of Commerce,
Justice, and State, the Judiciary, and related agencies for the fiscal
year ending September 30, 2002, and for other purposes, had come to no
resolution thereon.
____________________