[Congressional Record Volume 148, Number 146 (Wednesday, November 13, 2002)]
[House]
[Pages H8552-H8554]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   PROVIDING FOR CONSIDERATION OF H.J. RES. 124, FURTHER CONTINUING 
 APPROPRIATIONS, FISCAL YEAR 2003, AND FOR CONSIDERATION OF H.R. 5708, 
                  REDUCING PREEXISTING PAYGO BALANCES

  Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 1 
minute to the gentleman from Texas (Mr. Armey), the distinguished 
majority leader, for the purpose of making an announcement.
  (Mr. ARMEY asked and was given permission to speak out of order.)


                          Legislative Program

  Mr. ARMEY. Mr. Speaker, I thank the gentleman for yielding me time.
  Mr. Speaker, on the subject of today's schedule, we are about 30 
minutes away from completing our consideration of the CR and PAYGO 
rule. We would obviously have a vote if it is requested. We would then 
try to move on to the CR and complete that work. From that it would be 
our desire to take up the Homeland Security rule and move on to the 
Homeland Security bill. We would then do the PAYGO bill later today or 
possibly tomorrow.
  But, Mr. Speaker, this is the key point I would like to call Members' 
attention to: I would like to advise Members that the House will recess 
from approximately 2 o'clock to 6 o'clock for the Republican 
organizational conference. As a consequence of the need to do so, I 
should mention that if we are unable to complete the Homeland Security 
bill before 2 o'clock p.m., we would be asking Members to resume 
business tonight at the completion of the Republican conference at 
approximately 6 o'clock this evening.
  It is obviously, I think, probably a desire for most of us if we can 
expedite completion of Homeland Security by 2. It is my duty to advise 
Members as early as possible to consider their plans for tonight with 
respect to the possibility that we may be reconvening for business for 
the completion of Homeland Security's consideration tonight beginning 
at 6 o'clock.
  Ms. PELOSI. Mr. Speaker, will the gentleman yield?
  Mr. ARMEY. I yield to the gentlewoman from California.
  Ms. PELOSI. Mr. Speaker, I thank the distinguished majority leader 
for presenting the schedule for today.
  Mr. Speaker, is it the gentleman's view that we will have the PAYGO 
vote today as well, or will that vote be rolled until tomorrow?
  Mr. ARMEY. Mr. Speaker, I appreciate the gentlewoman's request. It is 
essentially a matter of priority. Our first priority, obviously, is to 
complete the continuing resolution. We would put Homeland Security as a 
priority ahead of PAYGO. If we did not get PAYGO done today, we would 
do it tomorrow.
  Ms. PELOSI. Mr. Speaker, if the gentleman will continue to yield, if 
we debated it today, is there a possibility that we would vote on it 
tomorrow, or has that decision been made?
  Mr. ARMEY. Reclaiming my time, no, we have not made that decision. 
Frankly, we understand that Members do have points they would like to 
make. We would like to make sure that debate time is available to 
everybody with respect to these issues. We will be working our way 
around these two very important organizational conferences. The 
gentlewoman understands the importance of them.
  Ms. PELOSI. Mr. Speaker, if the gentleman will continue to yield, I 
would ask the gentleman, Mr. Leader, could you inform us of the 
schedule for tomorrow, and would that be the last day of the session?
  Mr. ARMEY. Mr. Speaker, we would be addressing any available 
conference reports tomorrow. We would try to complete our work by 
tomorrow night sometime. We do have some very good legislative 
opportunities in the presence of some of those conference reports. But 
I believe we will be in recess, and no votes would be requested during 
the Democrat organizational conference.
  Ms. PELOSI. I understand that about today. But does the gentleman 
anticipate that we will be working through the weekend, or will the 
schedule end tomorrow?
  Mr. ARMEY. Mr. Speaker, again, let me thank the gentlewoman for her 
inquiry. It is my anticipation that we would complete our work sometime 
tomorrow afternoon or evening. I do not anticipate working on the floor 
on Friday or the weekend.
  However, again, let me just say, if we are all mindful of our own 
best interests and those of our colleagues and we try to be cooperative 
and move things along, obviously it will go better. We have some 
opportunities that are very important for the American people in the 
person of these conference reports, and we would not want to leave any 
behind. But I do not see that it is necessary for us to expect to work 
beyond Thursday night.
  Ms. PELOSI. Mr. Speaker, if the distinguished gentleman could 
continue to yield, I would just like to say, Mr. Leader, that I have 
expressed to you over and over again my dismay that we have only passed 
two appropriations bills and that we have a tremendous amount of 
unfinished business before the Congress.
  However, I will use my remaining time to say that from what you have 
said, this may be your last or among your last colloquies on the floor 
of this House; and I would like, as the minority whip, to commend you 
for your service to the Congress, to wish you well in your future 
endeavors, and to thank you for your many courtesies.
  Mr. BARTON of Texas. Mr. Speaker, will the gentleman yield?
  Mr. ARMEY. I yield to the gentleman from Texas.
  Mr. BARTON of Texas. Mr. Speaker, as the distinguished gentleman 
knows, I have made an art form of giving you grief on the schedule, so 
I am going to continue to do that. Is it the gentleman's intention that 
once we adjourn for this week or weekend, that we do not come back 
until the next Congress? Is that the intention of the leadership?
  Mr. ARMEY. That is our expectation.
  Mr. BARTON of Texas. Once we get our work done this week, we are home 
for the holidays?

[[Page H8553]]

  Mr. ARMEY. It is our expectation that with the Homeland Security, the 
continuing resolution, the other conference reports that we can 
foresee, there would be nothing of such urgency before the Nation to 
require us to come back before January 7.
  Mr. BARTON of Texas. Mr. Speaker, I want to thank the gentleman for 
his excellent leadership and friendship and join all the others in 
wishing him well in whatever his future endeavors are.
  Mr. ARMEY. Mr. Speaker, I thank the gentleman.
  Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 4 
minutes to the distinguished gentleman from Alaska (Mr. Young), the 
chairman of the Committee on Transportation and Infrastructure.
  Mr. YOUNG of Alaska. Mr. Speaker, I do not do this lightly. In my 
period of time being in the majority, I have never rose opposing a 
rule, so this is a very serious moment for me. I want my side to 
understand why I am doing this and this side to understand also why I 
am doing it, and suggest a ``no'' vote on this rule.
  House Joint Resolution 124 will continue to keep in place a spending 
limit of $27.7 billion on Federal aid to highway programs. Last month I 
agreed to this limitation; but I was clear that if the continuing 
resolution ran beyond December 31, I would move to strike the language.
  This continuing resolution runs until January 11, 2003. That does not 
sound like a long time. However, we cannot be certain that the Congress 
will move quickly to enact appropriation bills in January.
  Mr. OBERSTAR. Mr. Speaker, the House is not in order.
  The SPEAKER pro tempore (Mr. Simpson). The gentleman is correct.
  Mr. YOUNG of Alaska. I am watching that side, and whoever is talking, 
you can forget any highway funds.
  The SPEAKER pro tempore. The gentleman will suspend.
  Would the Members on the minority side in the rear of the Chamber 
please remove your conversations from the floor so the gentleman can be 
heard.
  Mr. YOUNG of Alaska. However, we cannot be certain that Congress will 
move quickly to enact appropriation bills in January. In fact, with 
reorganization activities and a new majority in the Senate, there is a 
high level of uncertainty about timing for the entire appropriation 
process.
  Because of this uncertainty, it is imperative we absolutely be clear 
that the highway program will continue at the full enacted funding 
level of $31.8 billion, as it is cleared today. That is the level we 
are spending monies today, not $27.7 billion.
  It is important to note that except for the highway program, this 
program, the one that affects every one of your districts, that this 
continuing resolution continues all activities under the fiscal year of 
2002 funding levels, all activities. But they picked out the highway 
program. It is unfair to cut the highway programs in your district.
  Now, Members should keep that in mind very closely when they cast 
their vote. Every dollar of the $31.8 billion funding level we support 
comes from the highway trust fund. It does not come from the general 
budget. It does not come from the general fund. It is the trust fund. 
It is the money of the users of the highways. It is funded by fuel 
taxes, it is paid by the highway users; and those highway funds should 
be used to sustain jobs and reduce congestion and improve our economy.
  Mr. Speaker, I cannot for the life of me, I have talked to my 
appropriations brother, I have talked to the Speaker, I have talked to 
the majority leader, I have talked to the minority leader. I do not 
know where this is coming from. If this is coming from the White House, 
shame on them.
  This is not their money, it is our money; and to this have this one 
program singled out is inappropriate. I have talked to the Committee on 
Rules chairman, and I talked to the Speaker, and I have talked to the 
leadership of this House; and I said this is not fair, we ought not to 
do this. Leave it at $31 billion, as it should be, come back and do the 
job right and not continue to nip at us. This is the fourth time we 
have done this.
  I want to know who is responsible. Can anybody give me an idea where 
this is coming from? They cannot do that. I as the chairman of the 
committee and all of my 75 Members better understand one thing. If we 
leave it at $27 billion, you can keep one thing in mind: this is an 
attempt by this administration to use this trust fund money to try to 
use it for other uses in the budget instead of as highway funds. So for 
the first time, I am going to ask my people to vote ``no'' on this 
rule.
  Mr. Speaker, I am somewhat embarrassed, because last month the 
gentleman from Wisconsin (Mr. Obey) and I had this discussion on the 
floor, and I had thought I had an agreement to protect this; and I said 
specifically then to accept the $27.1 billion, the level that was 
decided, but with the understanding that we would spend it at $31.8 
billion if it did not go beyond the first of the year.
  What has happened here, again, I have not had anybody tell me where 
this is coming from. It is not your money. It is not the White House's 
money. This belongs to the users of the highway. We can come back, pass 
another rule, and make sure that we do the job right. And, believe me, 
I will find out where this is coming from.

                              {time}  1115

  You are not going to take this money away from the users of the 
highway. They paid for it. They want the highways. They want the 
infrastructure. We talk about stimulating the economy. Forget all of 
these other programs they are talking about. Let us create jobs by 
building our bridges and our highways. Let us do it. If we want to 
stimulate something, let us stimulate it with real jobs and not make 
believe.
  So I would just keep in mind, let us put this rule down and come back 
with the right rule.
  Mr. HASTINGS of Florida. Mr. Speaker, I am pleased to yield 3 minutes 
to the gentleman from Minnesota (Mr. Oberstar).
  Mr. OBERSTAR. Mr. Speaker, I thank the gentleman for yielding me this 
time. I greatly appreciate the remarks delivered with sincerity and 
passion by the chairman of our committee, the gentleman from Alaska 
(Mr. Young).
  We did have this conversation just prior to the election. We did have 
a discussion of what would be the level of funding for the Federal Aid 
Highway Program in the continuing resolution. We were assured by the 
Committee on Appropriations leadership, by the leadership of the House, 
the gentleman from Alaska had specific assurances from the Office of 
Management and Budget that funding would be at the level of $31.8 
billion through the beginning of the year and would continue at that 
level until probably August, if there were no further changes made in 
the appropriation bill, underlying appropriation bill itself, and at 
that point then the funding level would drop down to $27.1 billion. The 
resolution before us breaks all of those agreements, discards all of 
those understandings, throws it all aside.
  The reality is today this is a raid on the Highway Trust Fund. We 
have a $15 billion surplus in the Highway Trust Fund today. That 
surplus was anticipated in 1998 when the Committee on Transportation 
and Infrastructure wrote what we know today as TEA-21, moved it through 
conference and back to the House, with a commitment of increased levels 
of funding. We knew the trust fund was going to grow because of 
increased revenues into the trust fund. We anticipated and we provided 
for in that authorization legislation a $15 billion surplus to be drawn 
down and invested in highways, not to offset a deficit, and that is 
what is happening here. Money is being held back.
  In 1998, at the beginning of the year when we crafted TEA-21, there 
was a $29 billion surplus in the Highway Trust Fund, which our 
committee agreed to yield for debt reduction. And when the bill was 
signed into law, I am sure everybody felt a great lift off of their 
shoulders of that debt, because that $29 billion went to reduce public 
debt. But the commitment was that in exchange for giving up the surplus 
and giving up interest on revenues paid into the Highway Trust Fund 
year-to-year, that we would have a guaranteed account, a dedicated 
revenue stream with which to invest in highways and bridges and transit 
systems in America. And we did it, and it worked wonderfully for 5 
years. In those 5 years we invested $120 billion of Federal funds in

[[Page H8554]]

the Federal Aid Highway Program. By comparison, in the 42 years of the 
Interstate Highway Program, we invested $114 billion of Federal funds 
in the interstate system. It took 42 years because we had a dedicated 
account, a guaranteed revenue stream.
  This breaks that commitment. This resolution draws it all down. We 
will lose millions, billions of dollars in investments and thousands 
and thousands of jobs. If you want to come to the desk, I have a list 
of what each State will lose if this resolution passes.
  Mr. HASTINGS of Washington. Mr. Speaker, I would advise my friend I 
have no further speakers.
  Mr. HASTINGS of Florida. Mr. Speaker, I have one final speaker, and I 
yield 1 minute to the gentleman from Wisconsin (Mr. Obey).
  Mr. OBEY. Mr. Speaker, I would simply point out to both of the 
gentlemen who have just spoken from the Committee on Transportation and 
Infrastructure that I warned the Committee on Transportation and 
Infrastructure before the election when we debated this that they were 
going to be short-sheeted on this continuing resolution, and that has 
now, unfortunately, come to pass. So I would say that I agree with the 
observations of the gentleman from Alaska (Mr. Young), all but one of 
them.
  I would also say that it is not true that only highways are being 
hurt by this continuing resolution. The National Institutes of Health 
will encounter a severe problem in issuing their grants for the year. 
Veterans will not be able to have the backlogs dealt with in terms of 
veterans health care. The Securities and Exchange Commission is not 
going to be funded at the level that was promised in the authorization 
bill before the election. We are not going to see the Medicare give-
backs that our providers around the country were looking for. There are 
going to be all kinds of other problems as well as the highway problem. 
So I think there are a good many reasons, including the highway 
problem, to vote against this rule and against this resolution.
  Mr. HASTINGS of Florida. Mr. Speaker, I yield back the balance of my 
time.
  Mr. HASTINGS of Washington. Mr. Speaker, I yield back the balance of 
my time, and I move the previous question on the resolution.
  The previous question was ordered.
  The SPEAKER pro tempore (Mr. Simpson). The question is on the 
resolution.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. HASTINGS of Washington. Mr. Speaker, on that I demand the yeas 
and nays.
  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 215, 
nays 189, not voting 27, as follows:

                             [Roll No. 472]

                               YEAS--215

     Aderholt
     Akin
     Armey
     Bachus
     Baker
     Ballenger
     Barr
     Bartlett
     Barton
     Bass
     Bereuter
     Biggert
     Bilirakis
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Boozman
     Brady (TX)
     Brown (SC)
     Bryant
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Castle
     Chabot
     Chambliss
     Coble
     Collins
     Combest
     Cooksey
     Cox
     Crane
     Crenshaw
     Culberson
     Cunningham
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeLay
     DeMint
     Diaz-Balart
     Doolittle
     Dreier
     Duncan
     Dunn
     Ehlers
     Ehrlich
     Emerson
     English
     Everett
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Fossella
     Frelinghuysen
     Gallegly
     Ganske
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Goode
     Goodlatte
     Goss
     Graham
     Granger
     Graves
     Green (WI)
     Greenwood
     Gutknecht
     Hansen
     Hart
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hilleary
     Hobson
     Hoekstra
     Horn
     Hostettler
     Hulshof
     Hunter
     Hyde
     Isakson
     Issa
     Istook
     Jenkins
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     Kerns
     King (NY)
     Kingston
     Kirk
     Knollenberg
     Kolbe
     LaHood
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas (OK)
     McCrery
     McHugh
     McInnis
     McKeon
     Mica
     Miller, Dan
     Miller, Gary
     Miller, Jeff
     Moran (KS)
     Morella
     Myrick
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Osborne
     Ose
     Otter
     Paul
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pombo
     Portman
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reynolds
     Riley
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schaffer
     Schrock
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skeen
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Sununu
     Sweeney
     Tancredo
     Tauzin
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Thune
     Tiahrt
     Tiberi
     Toomey
     Upton
     Vitter
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NAYS--189

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldacci
     Baldwin
     Barcia
     Barrett
     Becerra
     Bentsen
     Berkley
     Berman
     Berry
     Bishop
     Blumenauer
     Bonior
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (OH)
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Clay
     Clayton
     Clyburn
     Conyers
     Costello
     Coyne
     Cramer
     Crowley
     Cummings
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Deutsch
     Dicks
     Doggett
     Dooley
     Edwards
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Filner
     Ford
     Frank
     Frost
     Gephardt
     Gonzalez
     Green (TX)
     Hall (TX)
     Harman
     Hastings (FL)
     Hill
     Hilliard
     Hinojosa
     Hoeffel
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     John
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick
     Kind (WI)
     Kleczka
     Kucinich
     LaFalce
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lofgren
     Lowey
     Lucas (KY)
     Luther
     Lynch
     Maloney (CT)
     Maloney (NY)
     Markey
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Millender-McDonald
     Mollohan
     Moore
     Moran (VA)
     Nadler
     Napolitano
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Pelosi
     Peterson (MN)
     Phelps
     Pomeroy
     Price (NC)
     Rahall
     Reyes
     Rivers
     Rodriguez
     Roemer
     Ross
     Rothman
     Roybal-Allard
     Rush
     Sabo
     Sanchez
     Sanders
     Sandlin
     Schakowsky
     Schiff
     Scott
     Serrano
     Sherman
     Shows
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Stenholm
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Thurman
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Velazquez
     Visclosky
     Waters
     Watson (CA)
     Watt (NC)
     Waxman
     Wexler
     Woolsey
     Wu
     Wynn

                             NOT VOTING--27

     Blagojevich
     Clement
     Condit
     Cubin
     Dingell
     Doyle
     Fattah
     Gordon
     Grucci
     Gutierrez
     Hinchey
     Hooley
     Houghton
     Lipinski
     Manzullo
     McKinney
     Miller, George
     Murtha
     Neal
     Oxley
     Payne
     Rangel
     Roukema
     Sawyer
     Strickland
     Stump
     Weiner

                              {time}  1152

  Mr. ABERCROMBIE changed his vote from ``yea'' to ``nay.''
  Mrs. KELLY and Messrs. HEFLEY, REGULA, QUINN, DOOLITTLE, MICA, 
LoBIONDO, LaTOURETTE, HERGER, YOUNG of Alaska, BAKER, BEREUTER, and 
PETRI changed their vote from ``nay'' to ``yea.''
  So the resolution was agreed to.
  The result of the vote was announced above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. MANZULLO. Mr. Speaker, on rollcall No. 472 the bells in my office 
failed to work. Had I been present, I would have voted ``yea.''

                          ____________________