[Congressional Record (Bound Edition), Volume 148 (2002), Part 15]
[House]
[Pages 20277-20280]
[From the U.S. Government Publishing Office, www.gpo.gov]




    WAIVING POINTS OF ORDER AGAINST CONFERENCE REPORT ON H.R. 5010, 
             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2003

  Mrs. MYRICK. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 579 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 579

       Resolved, That upon adoption of this resolution it shall be 
     in order to consider the conference report to accompany the 
     bill (H.R. 5010) making appropriations for the Department of 
     Defense for the fiscal year ending September 30, 2003, and 
     for other purposes. All points of order against the 
     conference report and against its consideration are waived. 
     The conference report shall be considered as read.

  The SPEAKER pro tempore (Mr. Thornberry). The gentlewoman from North 
Carolina (Mrs. Myrick) is recognized for 1 hour.
  Mrs. MYRICK. Mr. Speaker, for the purpose of debate only, I yield the 
customary 30 minutes to the gentleman from Texas (Mr. Frost), pending 
which I yield myself such time as I may consume. During consideration 
of this resolution, all time yielded is for the purpose of debate only.
  Mr. Speaker, the rule waives all points of order against the 
conference report to accompany H.R. 5010, the Department of Defense 
Appropriations

[[Page 20278]]

Act for fiscal year 2003, and against its consideration. The rule 
provides that the conference report shall be considered as read.
  The defense appropriations conference report provides the tools and 
the resources for our military to wage an aggressive war against 
terrorism while defending our Nation against ever-changing military 
threats.
  Mr. Speaker, each generation of Americans has been called to defend 
our freedom. Each time, our forefathers and mothers have answered the 
call. Our generation's time of national trial has come. We are being 
called to stop a new kind of enemy, different from any we have ever 
fought before. This enemy is patient, building resources and striking 
where and when we are least prepared. The enemy uses a different method 
each time. This enemy requires a new kind of defense, and that is what 
this conference report is attempting to build.
  I agree with President Bush when he says that our Armed Forces must 
be ready to confront every threat from any source that could bring 
sudden terror and suffering to America. Our forces must be ready to 
deploy to any point on the globe on short notice.
  This bill increases operation and maintenance by over $9.7 billion. 
This Nation must have, will have, ready forces that can bring victory 
to our country and safety to our people.
  The world's best soldiers, sailors, airmen, and Marines also deserve 
the world's best weaponry; and, to ensure that, our Nation must invest 
in procurement accounts. This defense conference report contains $71.6 
billion for procurement. Our Nation must give our military the weapons 
it needs to meet future threats. If the war against terror means that 
we must find terror wherever it exists, pull it out by its roots, and 
bring people to justice, our military must have the means to achieve 
that objective.
  I am also pleased this bill makes significant improvements in the 
quality of life for the men and women who serve in the Armed Forces. 
These improvements include a 4.1 percent military personnel pay raise 
and targeted pay raises to midgrade noncommissioned officers, generous 
housing allowances that will significantly decrease service personnel's 
out-of-pocket expenses, and access to high-quality health care.
  We can never pay our men and women in uniform on a scale that matches 
the magnitude of their sacrifice.

                              {time}  1515

  But this bill reflects our respect for their selfless service. I feel 
very strongly that we need a strong national defense and we need to be 
prepared and, indeed, we are with this defense conference reports.
  The primary responsibility for us as elected officials is to provide 
for the common defense of our fellow countrymen; and to that end, I 
urge my colleagues to support the rule and support the underlying bill.
  Now more than ever we must improve our national security.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FROST. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, earlier today the House demonstrated its bipartisan 
resolve to end the threat posed by Saddam Hussein. Now with this 
conference report, funding the Department of Defense for the next 
fiscal year, Democrats and Republicans once again demonstrate our 
bipartisan support for America's national defense and for the men and 
women of the United States Armed Forces.
  Over the past year, Mr. Speaker, the world has been reminded of the 
skill, courage, and professionalism of the U.S. military. America's men 
and women in uniform have done everything this country has asked of 
them and they have done it well. So I would like to commend the 
chairman and ranking members of the Committee on Appropriations and the 
Subcommittee on Defense, the gentleman from Florida (Mr. Young), the 
gentleman from Wisconsin (Mr. Obey), the gentleman from California (Mr. 
Lewis), and the gentleman from Pennsylvania (Mr. Murtha) for the 
tremendous job they have done to bring this conference report to the 
floor.
  It provides U.S. soldiers, sailors, airmen and Marines with the 
resources they need to ensure our national security. It represents our 
bipartisan commitment to our troops and to the war on terrorism. 
Overall, it provides $355.4 billion for the Department of Defense for 
fiscal year 2003, which is an increase of $37.8 billion over last 
year's level. It continues to fund the wide range of weapons programs 
that ensure America's military superiority throughout the world. And, 
very significantly, it provides for a substantial quality-of-life 
improvement for America's men and women in uniform and their families. 
In particular, this conference report includes funds for a 4.1 percent 
military pay raise; and it provides $14.8 billion for military health 
care and $7.7 billion for Tricare-for-Life, the health care plan for 
military retirees over age 65.
  Mr. Speaker, maintaining our status as the world's premier military 
power requires continued investments in the advanced weapons upon which 
our troops rely. The conference report makes these investments. It 
includes $4 billion for 23 F-22 Raptor aircraft, the high-technology 
air dominance fighter for the Air Force. It also provides $3.5 billion 
for the Joint Strike Fighter, the next generation, multi-role fighter 
for the future of the Air Force, the Navy and the Marines. And it 
includes nearly $1.5 billion for the V-22 Osprey aircraft, and $129 
million to procure three Global Hawk UAWs, which have been instrumental 
in the war in Afghanistan.
  Mr. Speaker, I am pleased to note that the conference report provides 
$136 million, an increase of $70 million over the Pentagon's request 
for the joint U.S.-Israel ARROW program to provide effective theater-
missile defense.
  Finally, Mr. Speaker, I would like to point out that our Armed Forces 
depend heavily on the men and women who serve in the National Guard and 
Reserve. So I am pleased this conference report provides more than $28 
million in personnel and readiness funding for the Guard and Reserve, 
and $100 million more than the President requested for the equipment 
they need.
  I urge the Republican leadership after we have completed this 
conference report to allow the House to pass a Senate-amended version 
of H.R. 5557, the Armed Forces Tax Fairness Act of 2002. This important 
bill will restore the tax deductibility of the training expenses 
incurred by our National Guard and Reservists. These Americans are 
serving their country honorably, and they should not have to pay out of 
their own pockets to get to their duty stations.
  All in all, however, this conference report does a good job providing 
our troops with the resources they need to do the jobs we ask of them. 
For that reason, I ask my colleagues to join me in supporting it and 
the rule to bring it up.
  Mr. Speaker, I yield 5 minutes to the gentleman from Wisconsin (Mr. 
Obey), the ranking member of the full Committee on Appropriations.
  Mr. OBEY. Mr. Speaker, I have no quarrel with the bill that will come 
to the floor after this resolution. But I do most certainly have a 
quarrel with the fact that the conferees deep-sixed the Wellstone 
amendment, an amendment which would have said that no American 
corporation which tries to move its mailing address to Bermuda or some 
other exotic place in order to escape their fair share of taxes may 
participate in obtaining government contracts.
  I think the practice of American corporations moving their mailing 
address, especially in time of war, to escape their duty to help pay 
for the services which they are provided with by the government, and to 
help pay for the common defense, is outrageous and indefensible. I 
think it is un-American. And I find it ironic that the bill which goes 
to the heart of our obligation to defend our country does not take that 
added step of also protecting our taxpayers.

[[Page 20279]]

  Just 8 days ago, the General Accounting Office reported that $2.7 
billion in Federal contracts in fiscal 2001 went to four corporate 
expatriates. The GAO estimated that a substantial share of those 
contracts were defense related. The joint tax committee has estimated 
that over the next 10 years corporate expatriates will cost us more 
than $4 billion in funds that could help pay for our Nation's security 
or any other government obligation.
  Now, these are not foreign corporations. These are American 
corporations with their plants, employees and headquarters in your 
districts and mine all around the country. They simply incorporated in 
Bermuda or some other exotic place with nothing more than a post office 
box, and they do so for no other reason than to avoid helping pay their 
fair share of the Nation's costs, including the Nation's defense costs. 
That action is obscene.
  Those companies have abandoned our country at its most critical hour, 
but they still seek to profit directly from the challenges we face. 
They should be ashamed of themselves and so should any Congress that 
avoids their responsibilities in bringing that kind of behavior under 
control.
  This House adopted the DeLauro amendment, which was aimed at this 
same item; and the Senate adopted the Wellstone amendment. And, yet, 
the Congress, as usual, has found a way to make it easy for some of the 
most privileged corporations in this country to avoid their 
responsibilities to the Nation, to their workers, and to the taxpayers. 
It is a shameful sham. We should not reward them with defense contracts 
or any other contracts with the Federal Government.
  We have now finished debating Iraq. My question is, What is next, 
boys and girls? Are we going to do anything at all to deal with our 
domestic problems before we run home to our constituents pretending 
that we have finished our job? I want to know what we will do to 
protect pensions. I want to know what we will do to provide a decent 
education budget, a decent housing budget, a decent environmental 
protection budget. I want to know what we are going to do to protect 
family security as well as national security.
  But, evidently, what this institution is going to do is to pass two 
appropriations bills, military construction and DOD, and then cut and 
run and go home.
  I do not think this ought to be known as the 107th Congress. I think 
it ought to be known as the Cut and Run Crowd.
  Mrs. MYRICK. Mr. Speaker, I yield 3 minutes to the gentleman from 
California (Mr. Cunningham).
  Mr. CUNNINGHAM. Mr. Speaker, my friend and colleague, the gentleman 
from Pennsylvania (Mr. Murtha), just told me to cut it off. So instead 
of 3 minutes, I will take a minute or 30 seconds. But I was going to 
spend the time talking about the chairman, the gentleman from 
California (Mr. Lewis), and the ranking member, the gentleman from 
Pennsylvania (Mr. Murtha). He still wants me to cut my time.
  Mr. Speaker, I wanted to say there is no better committee to serve 
on. One does not know Republican from Democrat on that committee. They 
are there to help the men and women in this armed services, and I am 
very, very proud to serve on that committee and with the men and the 
women that serve and with the staff. God bless them.
  Mr. NEAL of Massachusetts. Mr. Speaker, I rise today in support of 
funding our Defense Department, but also to oppose the efforts of those 
who excuse corporate expatriation.
  Since September 11, this nation has pulled together to fight the war 
on terrorism. And now, with more military action looming, we must face 
the fact that war costs money. To fully fund the needs of our military, 
every American taxpayer, individual and corporation alike, must be 
prepared to pay their fair share.
  If corporate expatriates are not paying their tax bills (and evidence 
shows they avoid paying $4 billion worth), the American people know 
that someone will have to pick up the slack. We should use everything 
in our arsenal to stop corporate expatriation. No more government 
contracts for financial traitors. No more tax benefits for runaway 
corporations.
  I regret that the Conferees struck the very reasonable federal 
contract ban from this bill.
  Corporate expatriates cheat the federal government out of needed tax 
revenues and then have the audacity to return for a federal hand-out.
  Let's take Tyco, formerly of New Hampshire, now of Bermuda, for 
example. Tyco avoids paying $400 million a year in U.S. taxes by 
setting up a shell headquarters offshore, but was awarded $156 million 
in lucrative Defense Department contracts in 2001 alone. If Tyco had 
just paid its tax bill, the conferees could have easily awarded the 
Coast Guard the extra $300 million that was left out of this bill.
  Or let's examine corporate expatriate Ingersoll-Rand, formerly of New 
Jersey, and now also in Bermuda. Ingersoll-Rand's tax avoidance would 
pay for half the money we're going to spend in order to protect Israel 
from Iraqi Scud missiles.
  Mr. Speaker, the leadership of this House has thwarted all efforts to 
have a legitimate debate and vote on the Neal-Maloney Corporate Patriot 
Enforcement Act, a bipartisan bill to deny the benefits to corporations 
who flee to tax havens. We must show the American people that this 
Congress will not coddle corporate abusers. These financial traitors 
are escaping income taxes, and then, profiting from the very government 
they had left behind.
  I urge my colleagues to fight for tax fairness, any way we can get 
it.
  Mr. FROST. Mr. Speaker, I urge adoption of the resolution.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mrs. MYRICK. 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. Thornberry). The question is on the 
resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. OBEY. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  The vote was taken by electronic device, and there were--yeas 374, 
nays 37, not voting 20, as follows:

                             [Roll No. 456]

                               YEAS--374

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Allen
     Andrews
     Armey
     Baca
     Bachus
     Baird
     Baker
     Ballenger
     Barcia
     Bartlett
     Barton
     Bass
     Becerra
     Bentsen
     Bereuter
     Berkley
     Berry
     Biggert
     Bilirakis
     Bishop
     Blagojevich
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bono
     Boozman
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (FL)
     Brown (SC)
     Bryant
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Carson (IN)
     Carson (OK)
     Castle
     Chabot
     Chambliss
     Clay
     Clement
     Clyburn
     Coble
     Collins
     Combest
     Condit
     Costello
     Cox
     Cramer
     Crane
     Crenshaw
     Crowley
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis, Jo Ann
     Davis, Tom
     Deal
     DeLauro
     DeLay
     DeMint
     Deutsch
     Diaz-Balart
     Dicks
     Dingell
     Dooley
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Ferguson
     Flake
     Fletcher
     Foley
     Forbes
     Ford
     Fossella
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gekas
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Goss
     Graham
     Granger
     Graves
     Green (TX)
     Green (WI)
     Grucci
     Gutierrez
     Gutknecht
     Hall (TX)
     Hansen
     Harman
     Hart
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Herger
     Hill
     Hinojosa
     Hobson
     Hoeffel
     Hoekstra
     Holden
     Honda
     Hooley
     Horn
     Hostettler
     Houghton
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inslee
     Isakson
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kerns
     Kildee
     Kilpatrick
     Kind (WI)
     King (NY)
     Kingston
     Kirk
     Kleczka
     Knollenberg
     Kolbe
     LaFalce
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Levin

[[Page 20280]]


     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren
     Lowey
     Lucas (KY)
     Lucas (OK)
     Luther
     Lynch
     Maloney (CT)
     Maloney (NY)
     Manzullo
     Markey
     Mascara
     Matheson
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McGovern
     McHugh
     McInnis
     McIntyre
     McKeon
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Mica
     Millender-McDonald
     Miller, Dan
     Miller, Gary
     Miller, Jeff
     Mollohan
     Moore
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nadler
     Napolitano
     Neal
     Nethercutt
     Ney
     Northup
     Norwood
     Nussle
     Olver
     Ose
     Otter
     Oxley
     Pallone
     Pascrell
     Pastor
     Paul
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Phelps
     Pickering
     Pitts
     Platts
     Pombo
     Pomeroy
     Price (NC)
     Pryce (OH)
     Putnam
     Quinn
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Reyes
     Reynolds
     Riley
     Rodriguez
     Roemer
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Rush
     Ryan (WI)
     Ryun (KS)
     Sabo
     Sanchez
     Sanders
     Sandlin
     Saxton
     Schaffer
     Schiff
     Schrock
     Scott
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shows
     Shuster
     Simmons
     Simpson
     Skeen
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Spratt
     Stearns
     Stenholm
     Stupak
     Sullivan
     Sununu
     Sweeney
     Tancredo
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tiberi
     Toomey
     Towns
     Turner
     Upton
     Velazquez
     Visclosky
     Vitter
     Walden
     Walsh
     Wamp
     Watkins (OK)
     Watson (CA)
     Watts (OK)
     Waxman
     Weiner
     Weldon (PA)
     Weller
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wu
     Wynn
     Young (FL)

                                NAYS--37

     Baldwin
     Barrett
     Brown (OH)
     Clayton
     Conyers
     DeFazio
     DeGette
     Delahunt
     Doggett
     Filner
     Gephardt
     Hilliard
     Hinchey
     Holt
     Jones (OH)
     Kucinich
     Lee
     Lewis (GA)
     McDermott
     Miller, George
     Oberstar
     Obey
     Owens
     Payne
     Rangel
     Rivers
     Sawyer
     Schakowsky
     Slaughter
     Stark
     Strickland
     Tierney
     Udall (CO)
     Udall (NM)
     Waters
     Watt (NC)
     Woolsey

                             NOT VOTING--20

     Baldacci
     Barr
     Berman
     Bonior
     Brady (TX)
     Burr
     Cooksey
     Coyne
     Frank
     Greenwood
     Hilleary
     McKinney
     Ortiz
     Osborne
     Portman
     Roukema
     Stump
     Tanner
     Weldon (FL)
     Young (AK)

                              {time}  1556

  Messrs. GEORGE MILLER of California, DELAHUNT and SAWYER changed 
their vote from ``yea'' to ``nay.''
  Mr. DAVIS of Illinois and Mr. MALONEY of Connecticut changed their 
vote from ``nay'' to ``yea.''
  So the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________