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

Vol. 150 WASHINGTON, THURSDAY, JANUARY 22, 2004 No. 3 House of Representatives The House was not in session today. Its next meeting will be held on Friday, January 23, 2004, at 10 a.m. Senate THURSDAY, JANUARY 22, 2004

The Senate met at 9:30 a.m., and was Chaplain Barry Black, for his dynamic On behalf of the majority leader, I called to order by the President pro spiritual leadership and friendship. would also announce that if we finish tempore [Mr. STEVENS]. Grant every person working in the Sen- the Omnibus this afternoon, the Senate The PRESIDENT pro tempore. This ate family a renewed experience of may begin consideration of the pension morning I have the honor of presenting Your unfailing love and faithful care. rate reform bill. Prior to our adjourn- the former chaplain of the United Grant them courage to press on with ment, we reached a unanimous consent States Senate, Dr. Lloyd J. Ogilvie, to their strategic roles. You are our Lord agreement for the consideration of that lead us in prayer. and Saviour. Amen. bill. Members who intend to debate and offer amendments to the pension rate PRAYER f bill should remain available following The guest Chaplain offered the fol- PLEDGE OF ALLEGIANCE today’s Omnibus vote. lowing prayer: The PRESIDENT pro tempore led the I thank all colleagues for their atten- Almighty God, reigning Lord of this tion and we hope to wrap up the Omni- Nation, the Senate, and our personal Pledge of Allegiance as follows: I pledge allegiance to the Flag of the bus this afternoon. lives, we are one Nation under You, our I yield the floor. sovereign God. You have chosen us to United States of America and to the Repub- lic for which it stands, one nation under God, f love, glorify, obey, and serve You. We indivisible, with liberty and justice for all. choose to be chosen and rededicate our RECOGNITION OF THE MINORITY f lives to You. LEADER We praise You for the great women RECOGNITION OF THE ACTING The PRESIDENT pro tempore. The and men who serve You as Members of MAJORITY LEADER this Senate. Continue to set ablaze minority leader is recognized. their hearts with the fires of patriotic The PRESIDENT pro tempore. The Mr. DASCHLE. Mr. President, I ask passion. You have made the formation acting majority leader is recognized. the assistant majority leader if he can of public policy one of the highest f advise Members with regard to the callings and have given to these Sen- schedule tomorrow, whether any roll- ators the awesome challenge of shaping SCHEDULE call votes are expected. the destiny of our Nation and our Mr. MCCONNELL. Mr. President, this Mr. MCCONNELL. I say to my friend world. Grant them supernatural power morning the Senate will resume debate and Democratic leader, I should be able to think Your thoughts, tune their on the conference report to accompany to advise him later in the day, but I hearts to the frequency of Your wis- H.R. 2673, the Omnibus appropriations need to consult first with the majority dom, and energize them with the resil- bill. Under the order, there will be 41⁄2 leader. iency of Your strength. hours for debate prior to a second clo- f We thank You for the President pro ture vote. It is my hope that cloture tempore, TED STEVENS. We ask Your will be invoked and that the Senate WELCOME TO FORMER CHAPLAIN blessing on BILL FRIST and TOM can then conclude action on this vital LLOYD OGILVIE DASCHLE, MITCH MCCONNELL, and funding measure. Senators should Mr. DASCHLE. Mr. President, he has HARRY REID as they seek to lead this therefore expect at least one vote—we left the Chamber, but I begin my re- Senate with the unity of shared vision hope two, beginning at approximately 2 marks by welcoming our former chap- for what is best for our Nation, with this afternoon. If time is yielded back, lain, Lloyd Ogilvie. He has so many tolerance for differing convictions, and that vote may come earlier. As always, friends and it is such a delight to see with the mutual esteem which is so we will notify Senators when the vote him. I know I will have an opportunity crucial to progress. Thank You for is expected. to talk to him personally later. His

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S128 CONGRESSIONAL RECORD — SENATE January 22, 2004 prayer this morning again brings back don’t believe that most of our col- brought to bear at the local and even fond memories of those times and years leagues can fully appreciate the depth at the national level as a result of the he was with us. We welcome him back of feeling, the magnitude of anger and power of ownership in media today. I and appreciate very much his friend- frustration that is out there on this must say, it gets worse and worse with ship and the fact he is back with us particular issue. I have talked to fire- each passing year. What we said is again today. men and policemen and nurses and first there ought to be a threshold on owner- f responders. I must say they cannot be- ship of no more than 35 percent. That lieve that their Government is devising was a position taken on a rollcall vote OMNIBUS APPROPRIATIONS ways with which to reduce and in some here in the Senate. Incredibly, it was a PROCESS cases actually eliminate overtime. position taken on a rollcall vote in the Mr. DASCHLE. Mr. President, I come They can’t believe that they may be House of Representatives. Yet what this morning to again review the lay of among the 8 million Americans whose does this omnibus bill do? This bill the land. As I said a couple of days ago, overtime will be lost when this bill overrides both the vote taken in the many of my colleagues, most of our passes. They can’t believe it. They al- House and the vote taken in the Sen- caucus, expressed deep concern—alarm, ways thought if you work hard and ate. It is not representative whatsoever really—at the hijacking of the process play by the rules, especially working of the positions of either body, but it is that went on during the deliberations overtime, you are going to get paid. in this bill. on the Omnibus appropriations bill. I Now they have their own Government How did it happen? Where was the rollcall vote in the conference to over- said at the time, and I believe it ought saying, in a memo produced by the De- turn this incredible decision? It hap- to be repeated, that I believe the proc- partment of Labor, if you want to re- pened in the dead of night. It happened ess in the Senate was fair. I have im- duce wages, we will give you a way to because of an ultimatum. It happened mense respect for the distinguished reduce overtime. because of pressure from the White chairman of the Appropriations Com- What kind of progress in society is House and people who did not hold mittee. He worked with Members on that? For all these years we have those views in the House who lost the both sides to accommodate consensus marched forward, recognizing we are first time. and to reach agreement and the process going to reward work. What does this worked. That process was destroyed at I worry about this precedent from memo and what does the provision in the point of view of the institution. the eleventh hour by some in the ad- this legislation say? We are not going ministration and by leadership on the What does it mean in a democracy to reward work anymore. In fact, we when 100 Senators vote, take a posi- Republican side in the House. Changes are going to find ways to get out from tion, and when 435 Members of the were demanded. Ultimatums were set. under the reward for work. How can House vote and take a position, and a The House and Senate were actually anybody sustain that position here in cabal in the dark of night with no roll- forced to take positions in conference this body? How can anybody with pride call vote can overrule that position diametrically in opposition to the very or with any conviction say that is the willy-nilly, with absolutely no record, positions we took on the Senate floor right policy now, after all these years? with no fingerprints, and nullify the after a very deliberative debate; posi- But that is what we are doing. actions taken by the bodies them- tions that I think have great merit. Mr. REID. Will the Senator yield for selves? What precedent does that set in On an overwhelming vote, the Senate a question? our democracy today? Where will this supported the notion that we ought to Mr. DASCHLE. I will be happy to take us in the future? How many more have country-of-origin labeling. They yield. of these incredible overturning of posi- did it because they believed it is an op- Mr. REID. Do I understand that the tion events will occur before all of us portunity for us to enhance our ability Senate and the House, on both over- rise up in indignation and say what is to add confidence to consumers’ choice, time and mad cow, or country of ori- a democracy if that is the result, that knowing if they buy 100 percent U.S. gin, voted by large majorities to have we can actually go to a conference and beef they are not going to buy meat there be a continuation of overtime have a small group of people overturn with downer cattle from foreign coun- and to have country-of-origin labeling the majority of Republicans and Demo- tries. We are going to be able to say on all beef that comes into the United crats on important issues like this? with confidence to countries who are States? Did both bodies, by an over- I must say, regardless of philosophy, purchasing our products that they are whelming vote, sustain country of ori- regardless of politics, regardless of the 100 percent U.S. product. Today, they gin and elimination of the President’s issue, if you care about this institu- say they are not prepared to take our effort to wipe out overtime? tion, 100 people ought to be on this products unless we can give that assur- Mr. DASCHLE. The assistant Demo- floor to talk about this today. So I am ance. For those and other reasons—pa- cratic leader is correct. That is a suc- worried about that and I am worried triotism, patriotism—the Senate voted cinct summary of what we did. We about the policy itself. in support, not once but twice, of coun- voted to ensure there be country-of-ori- But I know why we will probably get try-of-origin labeling. gin labeling, like 43 other countries cloture today. Nobody here wants to be With the crisis involving mad cow, it have in the world today, knowing we accused of shutting the Government became even more imperative that will not be able to export our product down. Everybody understands the com- that position be taken. Yet some in the to Japan unless it is labeled. We did mitment that this legislation reflects White House insisted that there be a 2- that. in its support for veterans and for so year delay. That 2-year delay is tanta- When we found out the administra- many other things that we care deeply mount to killing country-of-origin la- tion actually wanted to eliminate over- about. Senators are put in a very dif- beling. That is what is now in this bill, time, we said we are going to prohibit ficult position. I understand that. Do in direct opposition, in direct conflict, that. you support veterans or do you support diametrically in opposition to the posi- As the distinguished assistant Demo- an effort to deal with mad cow? Do you tion taken by the Senate during the de- cratic leader’s question suggests, the support highways and transportation bate on the Agriculture appropriations administration—over the objections, I or do you support an effort to confront bill and, I might add, diametrically in would say, of the Presiding Officer and this onerous provision eliminating opposition to the views of the vast ma- others on both sides of the aisle from overtime? Do you support housing or jority of the American people. Eighty the Senate—insisted that be part of the do you support an effort to retain the percent of the American people support appropriations process and this omni- Senate position with regard to media country-of-origin labeling. Over 80 per- bus bill. concentration? That is a tough posi- cent say they would be prepared to pay There is a third issue, and that is tion for anybody to be in, especially more if we had country-of-origin label- media concentration. Many of us are people in politics. So we may lose this ing. deeply concerned about concentration cloture vote today. I suspect we will. So it is with great chagrin that we of media ownership, and for good rea- And I understand why. find ourselves in this circumstance. son. We have seen far too many exam- But I must say, first we ought to be The same could be said for overtime. I ples already of what pressure is concerned. I don’t care whether you are

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S129 in the majority or minority, Democrat chairman and ranking member of the of both bodies on this matter. It is in- or Republican, liberal or conservative, Appropriations Committee or their des- credibly difficult for me to understand we ought to be concerned when some ignee for debate only. why we are moving forward with this small group of people, in the dark of Who seeks recognition? The Senator bill when we have something that night, overturn legitimate public roll- from New Jersey. strikes at the heart of what it is we call decisions made by this body. We Mr. CORZINE. Mr. President, I yield value in this country. Work ought to ought to be concerned about that be- myself about 10 minutes, if that is ap- be something that is rewarded. It cause I think it is an erosion of democ- propriate. ought to be recognized. It has been a racy in our Republic that is deplorable, The PRESIDENT pro tempore. With- part of the consensus we have in this deplorable. How many more times is it out objection, it is so ordered. country. Obviously, it is broadly con- going to happen? How does it render Mr. CORZINE. I thank the Chair. ceived as being the right thing by the the Senate, this so-called deliberative First of all, I want to speak today majority of folks in both houses and on body, when we can deliberate, make about this appropriations bill that is both sides of the aisle. I have grave dif- tough decisions here on the Senate now on the floor. I have serious ambiv- ficulty understanding this. It goes to floor, only to be overturned? What does alence about how we should deal with the fundamental essence of how our it say? the specifics of this measure. I know economy works. Work ought to be val- With regard to the issues themselves members of the Appropriations Com- ued at least the same as capital in this I will say this: I said a couple of days mittee, led by the Presiding Officer, society. ago this is the beginning. It was not have worked long and hard. They have Here we are turning our backs on it. our desire to shut the Government worked in a fair way to try to make We are sending the wrong signal to our down, to block this bill ultimately. We sure they put together the best final kids, and to society in general. It is a wanted to give our Republican col- product they can, have been sensitive big mistake, in my view—so big that I leagues a chance to fix it. They have to the needs of their colleagues, and think it actually compromises the chosen not to fix any of these issues. have worked to try to be balanced value of the overall piece of legislation. But we will be back. We must be back. about how they brought forth this final Second, I have serious concerns We will continue to offer amendments product. Unfortunately, through the about media concentration. Of course, on whatever vehicle is presented to us. conference process, a product has a lot of us do not often like things that We are now preparing Congressional emerged that differs from that sought are said in the media. We don’t like Review Act resolutions. The legislative by our leaders here in the Senate. that to-and-fro which impacts us indi- veto is available to us on some of these It is with some ambivalence that I vidually. But society is better by it. It matters and we will use it. feel the need to express some of the is a lot better when we have a healthy So we will be back again and again. reasons why I will not be supporting debate of ideas and different view- These issues will not go away. We will the Omnibus appropriations bill for points come out. That is what democ- continue to fight and we will continue 2004. It contains what I believe are seri- racy is about. to work, first, because we care about ous policy flaws that, furthermore, The last time I checked, both sides of the institution but, second, because we don’t deal actually with the appropria- this body supported the media con- care about these policies. tions process. They go far beyond what centration rule at 35 percent. And So, Mr. President, it is with great should be addressed, debated and con- somehow we have a different rule than concern—chagrin, that we find our- cluded in the democratic forum of this what was agreed to by both houses. I selves in a position today that I wish Senate, and in the House. heard the distinguished minority lead- had never presented itself to this body. It seems to me that the most serious er speak to the essence of the institu- We will have a vote on cloture. We problem here is not even those policies, tion, and the institution is broader— may have a vote on final passage. But although they are very important in not just the Senate but the Senate and it will not be the last vote on these and of themselves, but this process the House. How can we reach agree- issues. that has somehow overturned the poli- ments on things and then come out I hope in the interest of this institu- cies supported by wide majorities in with a different result on something as tion we will learn the hard lessons that both houses, policies we worked so long important as how we communicate these specific problems have created and hard to deal with—I think this with the public in this country? How do for each of us. process is out of kilter. we change the dynamics of political de- I yield the floor. But I also believe that, at a policy bate and news coverage on which the level, they are important, things such people rely to fulfill their civic duty f as overtime. It is just hard to believe and gather information to make deci- RESERVATION OF LEADER TIME when we can pass a dividend and cap- sions, such as who they are going to The PRESIDENT pro tempore. Under ital gains tax cut to help those who are support? How will they make informed the previous order, leadership time is already doing well to improve wealth, decisions when we have this concentra- reserved. and, to put it in economic terms, to re- tion? It is an incredibly difficult con- ward capital, we are turning our backs f cept for me to understand. on labor and on work. We don’t raise a lot of cows in New AGRICULTURE, RURAL DEVELOP- I don’t mean labor in an organized Jersey, but we eat a lot of meat. I don’t MENT, FOOD AND DRUG ADMIN- sense. I mean our workforce, the people understand the country-of-origin label- ISTRATION, AND RELATED who work. It seems to me that people ing issue. Why would we not take the AGENCIES APPROPRIATIONS who work should have at least the steps that are necessary to protect the ACT, 2004—CONFERENCE REPORT same value attested to their efforts as American people and to protect the The PRESIDENT pro tempore. Under people who invest. Here we are talking country’s economic interests so we can the previous order, the Senate will re- about 8 million people who will come keep the export markets open? This is sume consideration of the conference off these rolls of potential overtime not fundamentally sound on either the report to accompany H.R. 2673, which benefits. For what reason? For what safety of the public or our own eco- the clerk will report. reason are we doing this when we want nomic security. Why are we trying to The legislative clerk read as follows: to reinforce the work ethic in this cut jobs in this country? It is bad A conference report to accompany H.R. country? And these are the people who enough that we are cutting overtime. 2673, making appropriations for Agriculture, have modest to middle-income posi- Now we are undermining our ability to Rural Development, Food and Drug Adminis- tions in our society. actually be effective in the global mar- tration, and related agencies for the fiscal It is extraordinarily difficult to un- ket because we are making policy that year ending September 30, 2004, and for other derstand this decision when you con- reflects a narrow interest as opposed to purposes. sider the context that both this Senate the public’s interests and the broader The PRESIDENT pro tempore. Under and the House of Representatives have economic interests of the country. the previous order, there will be 41⁄2 opposed changes to our overtime rules. It is hard to understand at a period in hours equally divided between the This bill is a turnaround from the will time when we are down 2.3 million jobs

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S130 CONGRESSIONAL RECORD — SENATE January 22, 2004 in less than 3 years, where there hasn’t whatever he wants? Whether this ment indicated, it is entirely possible a been the kind of growth in economic passes or not, the President can do vote on the cloture motion will occur reality of people’s lives—that is, going whatever he wants; is the Senator before 2 p.m. There are 41⁄2 hours of de- to work: jobs. Here we have something aware of that? bate equally divided prior to this sec- that endangers the public and strikes Mr. CORZINE. To be honest, I believe ond cloture vote, but those Members at the heart of economic growth. Eco- I have a sense that the President can who want to speak should indicate to nomic growth makes a difference in do whatever he wants to do with regard their respective floor leaders if they families’ lives in America: jobs. I have to this issue. I think they have already want to speak so we are not going to trouble understanding this. done that. This authorization is embed- have anyone disturbed over relying on I heard my distinguished colleague ded in this bill. But I know they can the concept that there are 41⁄2 hours from New Jersey yesterday come down stand back and stop this with the same when there probably will not be 41⁄2 and talk about the destruction of regulations they proposed to start. hours of debate. records on the purchase of firearms Mr. REID. Again, I ask my friend the Mr. REID. Will the Senator yield? after 24 hours. question, we have in one of these ap- Mr. STEVENS. I yield. Where are we coming from in a world propriations bills a prohibition, a piece Mr. REID. I appreciate very much where we have a war on terror with of legislation that would prevent the the Senator making this statement. If people who like to buy guns and go and President from exercising his authority there are Members desiring to speak use them for purposes that are antago- to take away overtime rights for peo- and use the full 41⁄2 hours, they have a nistic to the security of the American ple all over America; is the Senator right to do that. However, there have people? We are passing a law that is aware of that? been requests on our side and on the going to make that activity much Mr. CORZINE. The distinguished majority side from Senators who would more available. We can’t check out Senator from Nevada, our assistant mi- like to vote earlier. We would have to records of air flights into the United nority leader, is exactly right. I have vote by 12 o’clock. So it would cut off States in a week, and now we are will- read those exact words and know the 2 hours. We cannot vote at 12:30 be- ing to say that we are going to take President can use his authority for cause we have a policy luncheon start- records on the purchase of a gun and good or he can turn his back on Ameri- ing at 12:30 and we have two votes. have them destroyed within 24 hours? cans. If Members wish to speak, if they Mr. REID. The Senator is aware that Please, somebody tell me the ration- would notify the floor staff on both some time, for lack of a better descrip- ality of that in the midst of a war on sides, we will divide up the time. If tion, in the dead of night, where there terrorism. someone cannot come until this after- Our President spent three-quarters of was no one from the public present, noon, that is the way it will be; we will the State of the Union address talking even though the House and the Senate have a vote at 2 o’clock. about how we need to protect Ameri- passed provisions dealing with over- I repeat what the distinguished time, the Senate is aware it was cans both at home and abroad, and we President pro tempore has said: Some stripped from the bill? turn around and embed in this legisla- Senators wish to move forward more Mr. CORZINE. I understand this is tion—by the way, not pass in this quickly, and we will do whatever the not part of the legislative process that will of the body is, but we need to no- body—we turn around and change a we have all been a part of in the Senate fundamental issue with regard to gun tify Senators as soon as possible. and that in the House of Representa- Mr. STEVENS. Madam President, we safety in this country. It is very hard tives. are prepared to work with the minority for me to understand that. We are The PRESIDING OFFICER (Ms. MUR- in that regard and have the vote earlier turning our backs on protecting the KOWSKII). The time of the Senator is if that is desired. I just want to call at- American people. expired. tention to the fact that Senators ought I heard my colleague from New Jer- Mr. CORZINE. If the Chair will yield sey say this is a real deal where he to take that into consideration in 1 minute. terms of whether or not they want to comes from, a real deal. Seven hundred The PRESIDING OFFICER. Without people in my State—10 people in my come to the floor and make a state- objection, it is so ordered. ment. If there is no indication anyone hometown—died on 9/11. I don’t under- Mr. CORZINE. Madam President, I wants to speak, obviously we will go to stand why we are changing the ele- repeat, the policies of this bill on over- ments of safety and security of the a vote earlier. time, media concentration, and cer- At this time, I yield to the Senator American people in an appropriations tainly gun safety records are just in- from Texas, Mrs. HUTCHISON, the right bill. Why are we doing that? What spe- credibly out of connection with the re- to designate the time allocated under cial interest is arguing for that? What ality of the world in which we live the time agreement on this side. interest makes that so important we today. Work should be valued, open de- The PRESIDING OFFICER. Without do that here and now? I find it incred- bate should be valued, and the safety of objection, it is so ordered. ible we think this is the right way to our citizens, our homeland security, Mr. CORZINE. Will the Senator from move forward on gun safety. should be valued. Alaska yield for a unanimous consent Overtime and the value of work, free Again, I compliment the leadership request? expression of political opinion in our on its work on this appropriations bill. Mr. STEVENS. I am happy to yield country as reflected in our media rules, I just do not understand why we have for a unanimous consent request. and the gun law changes in this cli- had to mix it up and put it into a bowl Mr. CORZINE. Madam President, I mate of heightened concern about of seriously flawed policies. There is a ask unanimous consent that the Sen- homeland security, I don’t understand whole series of other policies, including ate proceed to the immediate consider- why these major policy moves are em- vouchers in the school system, that ation of the concurrent resolution bedded in an appropriations bill, par- have occurred without real debate—and which I will send to the desk correcting ticularly when both Houses—at least I could go on—but overtime in this the enrollment of the omnibus con- on parts of these issues—have already country is a value of work. Media con- ference report. The resolution restores said this is not the direction we want centration was designed so that Amer- the Senate language barring the imple- to take. ica could have a free press and a free mentation of the regulations which Mr. REID. If the Senator will yield debate. We ought to be making sure we will deny overtime pay to millions of for a question, will the Senator also protect these fundamental rights. It workers; that the concurrent resolu- agree—to complicate matters with ought to be done in a democratic way. tion be agreed to and the motion to re- what we are doing here today on the I hope my colleagues will stand with us consider be laid on the table. overtime issue, which is so important on principle on the Omnibus appropria- Mr. STEVENS. Reluctantly, I must to so many millions, not hundreds, not tions bill to fix it and come back to the object to that request. thousands but so many millions of fundamental underlying appropriations The PRESIDING OFFICER. The ob- Americans—the Senator is aware that process. jection is heard. no matter what happens on this piece Mr. STEVENS. I call attention to the Mrs. HUTCHISON. Parliamentary in- of legislation, the President now can do Senators, as the leader’s opening state- quiry to the distinguished minority

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S131 whip: Is it premature to ask for unani- ber of bases, military personnel in that cancers such as lymphoma, leukemia, mous consent to change the time of the school district. Impact Aid helps the multiple myeloma, which is very im- vote? school district overcome the fact that portant because these are the cancers Mr. REID. It is. I say to the distin- you cannot tax Federal property. If a that have historically been under- guished Senator from Texas that we base is a major part of a school dis- funded. Many people now are getting are now waiting to hear from a number trict, that is nontaxable property. Yet these cancers when they are not really of Senators who have indicated they military personnel send their children aware that they need to have their want to speak. It is a question of to these schools. So the Federal Gov- blood checked but because they are los- whether they can do it before lunch or ernment has always made up the ing energy. It is a terrible disease. The if they have to do it after lunch. We are amount that would be lost in property Geraldine Ferraro Cancer Education trying to work on that as quickly as taxes by giving Impact Aid. It is in- Program funding would lapse if we do possible. creased $49 million over last year. That not pass this bill. Mrs. HUTCHISON. Madam President, will be lost for the next 9 months if we Election reform. We made major it would be in everyone’s interest, once do not pass this bill, thereby further steps in the right direction on election our Senators are notified, if we could strapping the school districts in the reform this year. The Help America set that time so our time could be places that have a high volume of mili- Vote Act would be providing funding to roughly equally divided before then. tary personnel. States to make sure they follow With that, Madam President, I will Wouldn’t that be an incredible thing through on Congress’s commitment to speak on our time and talk about the to say to our active duty military: Oh, strengthen the electoral process. None importance of passing the omnibus bill. we are putting more responsibility on of this funding would be available This is a bill that encompasses many you. We are putting more burden on under the continuing resolution. departments in our processes in the you. Many of you are overseas, but you In a very important Presidential Senate. Normally, we try to pass each have to worry about the school dis- election year, when we are going to department separately so we can deal tricts not having the money to fully elect every Member of the House and with those issues separately. Because educate your children while you are when we are going to elect one-third of of various circumstances, we now have serving our country. Is that really a the Senate, do we really not want to a bill that takes in several major de- message we want to send today to our fully fund the reforms to assure our partments. Therefore, there are things military personnel? electoral process is fair, that it is a that have not been debated separately. Head Start funding, to help prepare system where people can count on their I know there are concerns that have our disadvantaged young children to vote counting? I hope not. That is $1.5 been raised. However, we must pass learn and succeed in school, it is boost- billion in the omnibus bill that would this bill if we are going to have the will ed by $148 million in the omnibus. That not be funded for the next 9 months, of today’s Congress take effect for the would be lost for the next 9 months if until October 1, if we do not pass the appropriations between now and Octo- we do not pass this bill, so we would bill. ber 1 of this year. not be able to get those programs So we obviously would not have any If we do not pass this bill—the alter- geared up with the reforms that we are of these reforms in place if we do not native is a continuing resolution—it trying to put in place that make Head fully fund and pass the omnibus bill means that last year’s priorities would Start more of an educational experi- that is before us today. prevail, and there would be some major ence rather than just a play experience The Millennium Challenge. This is a losses in funding for the next 9 months that is day care. We are trying to give program that would be both authorized of this year. these young children the opportunity and funded at $1 billion this year to Let’s take, for instance, the veterans. to proceed, before they get to kinder- help developing countries achieve eco- Today we would lose, by not passing garten, with the very best early child- nomic growth, to lay out alternatives this bill, the ability to fully serve our hood education possible. to poverty, violence, and terrorism. veterans in their health care. Contin- When I was home over the holidays, I This is very important in our war on ued operations under a continuing res- visited one of these target Head Start terrorism. If we keep terrorists from olution would force the Veterans’ Ad- centers, where children in the 3-year- being able to lock into a country that ministration to curtail the hiring of old class and the 4-year-old class were is very poor, we will give the people of new physicians and nurses, pharmacy learning their ABCs. They were learn- that country hope, hope that there is costs would continue to rise, and we ing their numbers. They were learning something else besides just violence would not have the money to pay for the computer. There were 3-year-olds and continued poverty. Economic pos- the added expenses that we are seeing and 4-year-olds working on the com- sibilities, economic opportunities are in the medicine benefits to veterans. puter. This is the kind of Head Start what will make a difference in many of The waiting list for veterans medical Program we want to fund. That would these countries. care would start to rise, and it would be possible if we pass the omnibus bill. The FBI is a very important part of mean the VA would not be able to ex- That would certainly be curtailed if we homeland security. We now have put pand its long-term care services under do not pass the bill. the FBI into the same grid that works the old priorities. The National Cancer Institute would in homeland security, with intelligence Part of our bill this year that is be- have $148 million more over the next sources to try to pick up the signals fore us today expands veterans medical year if we pass the omnibus bill. But if that maybe there would be another ter- benefits. If we pass a continuing resolu- we stick with last year’s priorities, the rorist attack. tion, we would not be able to increase National Cancer Institute will have to Under the omnibus bill, the FBI will that medical service. We have new vet- stop its funding increases. Many people be able to hire 229 new agents, receiv- erans with medical needs coming home know, with the increase in health care ing $138 million in program improve- now from Iraq and Afghanistan. The research in the National Cancer Insti- ments to help in the fight against ter- idea that we would not fully fund the tute, we have been able to make great rorism. If we do not pass this omnibus needs of veterans today is unthinkable. headway in fighting cancer, in finding bill, we will go 9 months without allow- That is what would go by the wayside the cause of cancer, and then finding ing the FBI to gear up for what we are if we do not pass the omnibus bill. something that will fight that par- asking them to do; and that is, to hire Let’s talk about education. In the ticular cause of cancer. the agents to be a part of our homeland bill, Pell grants maintain their histori- The Geraldine Ferraro Cancer Edu- security. cally high maximum award of $4,050 to cation Program would be funded in fis- The International Trade Administra- help disadvantaged students achieve cal year 2004 $5 million. It would help tion is funded at $28 million more this the dream of a college education. educate the public on issues sur- year. What would we lose if that fund- Afterschool centers are increased in rounding blood cancers. None of this ing goes by the wayside? This is what funding to $1 billion. funding would be provided under a con- is focusing on many countries’ compli- Impact Aid—now, Impact Aid is for tinuing resolution. So that is $5 mil- ance with trade standards, China’s school districts that have a high num- lion that would go to the education of compliance with trade standards. We

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S132 CONGRESSIONAL RECORD — SENATE January 22, 2004 have heard many concerns raised in The National Cancer Institute, with would look at the unanimous consent our country about China complying a $148 million cut over the next 9 agreement and consider Senator KEN- with fair trade standards. We need to months will have to stop the progress NEDY’s time in light of that. make sure China and every country they are making in many arenas for The PRESIDING OFFICER. The Sen- meets the standards they have signed finding the cure and the cause of can- ator from Texas. on that they would meet, standards cer. Mrs. HUTCHISON. I will contact the that require intellectual property to be We are in a major election year. We leader’s office. protected. would not fund the reforms that Con- Mr. REID. He is supposedly on his We don’t want to allow people to gress has passed to assure every vote is way down here now. copy the videotapes or the movies or counted, that we have good voting ma- Mrs. HUTCHISON. I look forward to the books that are being written by chines so that we won’t have an issue working with the distinguished Demo- other people and not pay the intellec- such as what happened in Florida in cratic whip to see if that can be put tual property requirement to do so. the last Presidential election. We are forward and locked in. I hope we would But we need the enforcement capa- helping States to have the integrity of then start from a point to have equally bility. That will be lost. the ballot in this very important elec- divided time up until the vote at noon. We are targeting countries for cul- tion year for our Congress and for the Mr. REID. So everyone should be tural exchanges and education pro- President. aware that the vote will likely occur at grams. One of the long-term goals in The International Trade Administra- 12 noon today. the war on terrorism is to try to bring tion must be able to make sure that The PRESIDING OFFICER. The Sen- people from countries that do not have our intellectual property rights are ator from Massachusetts. democracy, that do not know freedom, met by countries such as China and Mr. KENNEDY. Madam President, to our country for cultural exchanges, other places that copy movies, copy there are a number of provisions in this for education, to show public edu- books that don’t pay the intellectual legislation, the omnibus bill, that have cation, giving our children the oppor- property requirements; the long-term been talked about. But I hope my col- tunity to learn, to read and write and exchange programs that will help us leagues will give consideration to the learn math, to be able to function in a fight terrorism by giving the young fact that the appropriators and the Re- world that will create an economic people from a country that does not publican leadership stuck into this om- base for a country. Many of the coun- know freedom the opportunity to see nibus bill a number of different provi- tries that are the home bed of ter- what freedom and public education can sions that never passed the Senate or rorism do not have these freedoms. bring; cutting back on the FBI—all of the light of day or the smell test. And Cultural exchanges are one of the these are the things that would happen took out provisions to help millions of long-term goals that we have in the if we don’t pass this omnibus bill. Americans. One of the provisions that war on terrorism to have people come It is my hope that we will have the they took out of the omnibus bill was from these countries to see what hap- opportunity to pass this bill today so a provision that was supported by the pens when you have a strong system of we can put the imprimatur of Congress Senate and supported by the House in a public education, to see what happens today on the next 9 months of funding bipartisan fashion. That was the when you have freedom, to see how in this fiscal year rather than rely on a amendment to tell the Bush adminis- people can live when there is the right bill that passed 2 years ago which tration that they could not deny work- to free speech, when there is the right doesn’t take into account some of the ers overtime. His proposal would affect to a free public education that would reforms that have been made in Con- 8 million workers. Yes, this is an enor- give our young people the economic op- gress. It is my hope that Members will mously important omnibus bill. Yes, it portunities that education will give see that our veterans’ needs and the is important that we deal with the them. needs of our active-duty military chil- problems in education and health. I A long-term continuing resolution dren in education and in cancer re- yield to no one in my concern in those that would not give any of these prior- search will prevail. We will pass this areas. ities that we have put in place in the bill and give our children a chance, and All we are asking is that we take the bills that have come out of these com- our country a chance, to have the in- omnibus bill and put back in the pro- mittees would cause a $5.5 million creases we need for our homeland secu- tection for workers. Or we could have budget shortfall for the Small Business rity, and the education of our children, the Bush administration rescind its Administration. That would be almost and the research into cancer to find the proposal to deny workers overtime pro- a 20-percent reduction in their budget. cause and the cure. We must pass the tections. Programs that help small businesses omnibus bill to go forward in all of We have challenges in our economy, compete, such as the 7A program, these aspects. but one of the great challenges in our would eventually be shut down if we I yield the floor and suggest the ab- economy is not that firefighters, have a continuing resolution rather sence of a quorum. nurses, and police officers are being than this omnibus bill. The PRESIDING OFFICER. The overpaid. That is not the problem we As I have gone through my State dur- clerk will call the roll. are facing in our economy. But that is ing the past 2 months, I have found The assistant legislative clerk pro- going to be the effect if this particular many small business people com- ceeded to call the roll. omnibus bill goes through. The admin- plaining that the Small Business Ad- Mr. REID. Madam President, I ask istration will implement its overtime ministration offices are being shut unanimous consent that the order for provisions. As I mentioned yesterday, down, the services are not there, the the quorum call be rescinded. it is not just those individuals I men- opportunity to have Small Business The PRESIDING OFFICER. Without tioned—firefighters, nurses, and police Administration loans and counseling is objection, it is so ordered. officers—it is also the veterans. not as it used to be. If we pass a con- Mr. REID. Madam President, we have Listen to this, America. Since the tinuing resolution instead of this omni- run a hotline. We have notified what time of the passage of the Fair Labor bus bill, we will lose almost 20 percent Senators we thought would be inter- Standards Act, the United States has of the Small Business Administration ested in coming. Senator KENNEDY and accepted the concept of a 40-hour week. budget. Senator CLINTON have indicated they Then workers who worked more than It is very important we pass this bill, wish to speak. We have asked Senator 40 hours would get time and a half. if we are going to fully fund our vet- KENNEDY to come now. He will be here That has been an accepted part of the erans health care, if we are going to momentarily. Senator CLINTON will be American workplace since the 1930s, fully fund the schools in our home dis- here at around 11. What we propose— when the Fair Labor Standards Act trict military bases so that people on and hopefully the majority will be here was passed. But now this administra- active duty serving our country will momentarily—is that the vote occur at tion has made a proposal to effectively not have to worry that their children noon rather than 2 o’clock, with the eliminate the requirement to pay over- in school are not getting their full edu- time evenly divided. If Senator KEN- time to 8 million Americans, which in- cational opportunities this year. NEDY is ready to proceed, I ask that we cludes firefighters, police officers, and

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S133 nurses. But they also put into this pro- We are saying to the mothers and to Association of University Women, the vision those who will be excluded. Lis- the women in the families you are not National Organization for Women, the ten to this. Those who will also be ex- going to be able to get that benefit ei- National Partnership for Women and cluded will be those who receive the ther. You are not going to be able to Families, and the YWCA—have all in- standard requirement and equivalent get the benefit either. This falls par- dicated their strong opposition to the training in the Armed Forces. Do you ticularly hard on the 8 million Ameri- overtime provisions. They know the hear that? Training in the Armed cans who will be outside of the over- adverse impact on women. Forces. Over in Iraq, American service time definition, for the veterans who I wish to point out that of the mil- men and women have been trained. We came back from Iraq in the military lions of Americans who will lose their have the best trained military in the forces, because it will be said you are a overtime, not only do we have police world. The challenge of having a good professional now, you have had train- officers, nurses, and firefighters, but if military is to have the best in training, ing in the Army. We have read in your we look at other categories, we see the best technology, the best leader- record that you have had some train- cooks, clerical workers, a large percent ship, and the best support for the fami- ing, so even though you are doing this of which are women, physical thera- lies at home. Those are the elements of job, we don’t have to pay you overtime. pists, dental hygienists, bookkeepers, an effective military force. Now what It says that in the Armed Forces train- lab technicians, graphic artists. These we are saying to those who are in the ing regulation. are major professional groups where, in military, the service men and women This provision falls unduly harsh on a number of those areas, women are who have taken that training, which the women. As women have increased the majority of workers, so they would makes our military so superior—and their time in the paid labor market, be adversely affected. This provision being superior results in the saving of their contributions to family income adversely affects veterans and ad- lives of service men and women—we have also increased. These contribu- versely affects women. are saying that kind of training in the tions have been particularly important Today’s New York Times points out Armed Forces will mean when you get to lower and middle-income families. what my colleague, my friend, John back home, you fall into that category An increase in time spent at work cre- Kerry, mentioned as a veteran himself of the 8 million who will be precluded ates childcare and other family chal- in Exeter, NH. from getting overtime. lenges. These added hours have had a This is the New York Times story: Can you imagine that? We have 200 negative effect on a parent’s ability to An omnibus spending bill has been stalled training programs in the military. be at home after school, help with in Congress in partisan dispute over provi- Great numbers of them fall within this homework, or care for an ill or aging sions to which Democrats object. One would particular provision of training in the family member. allow the Bush administration to press Armed Forces. For the life of me, I can- The Bush proposal would take away ahead with rules that Democrats say could not believe why this administration overtime protections for millions of strip millions of their right to overtime pay. would write into their proposal that American women, ensuring that they Hitting that theme, Mr. Kerry said the presi- dent would treat those who trained for some the training in the Armed Forces will work longer hours for less pay. Women who are working today are going to skilled jobs in the military as professionals mean you are going to be excluded ineligible for overtime pay, adding this from overtime pay. I just do not under- work longer hours for less pay. That is ‘‘made my blood boil.’’ stand that. I just do not understand it. the result of the overtime provision. ‘‘We need a president who understands that I wish those on the other side of the Make no mistake about it. Our amend- the first definition of patriotism is keeping aisle who support that particular pro- ment protecting overtime—saying to faith with those who wore the uniform of the vision would come out here and explain the President that he can’t take away country,’’ Mr. Kerry, a Vietnam veteran, that. overtime pay—was taken out of the said.... I want to mention another important omnibus bill after it was passed on the It could not be said any better than provision in this overtime pay, the ef- floor of the Senate and in the House of that. fect of which hits a particular group in Representatives. But the Republican Madam President, I ask unanimous our society, and they are the women leadership knew they could not win on consent that the entire New York who are working in the American the Bush proposal on the floor and they Times article be printed in the RECORD. workforce. Two factors have made life took it out of this bill—challenging There being no objection, the mate- for middle-income and working fami- this body to take it or leave it. rial was ordered to be printed in the This is one Senator who is going to lies at least plausible and livable. One RECORD, as follows: leave it because of what it is going to is the fact that women have entered [From the New York Times, Jan. 22, 2004] do to working families, for the women the workforce and, secondly, many of IGNORING OTHER CANDIDATES, KERRY TURNS and veterans in this country. Women FOCUS ON BUSH these families have mortgaged their tend to dominate retail services and homes to deal with the problems of tui- (By David M. Halbfinger and Randal C. sales promotions that would be par- Archibold) tion escalation and other things, such ticularly affected by the Bush proposal. as emergency health needs. The fact is The increase in overtime, often with EXETER, NH, January 21.—Surging in the there is no what they call in economics New Hampshire polls, Senator John Kerry little advance notice, would take away ignored his rivals on Wednesday and blasted ‘‘elasticity’’ left in this. They don’t from the families, disrupt the schedule have other members of the families President Bush on health care and charged of working parents, as well as impose that new rules on overtime supported by the who can work once the husband and additional childcare and other ex- administration would bar many veterans wife are working. You don’t have an- penses. Women’s groups like Nine-to- from overtime pay. other husband and wife to go out there Five, the American Association of Uni- Mr. Kerry said the president had rightly and you only have one home and if you versity Women, National Organization praised American troops and veterans in his mortgage that to educate your kids for Women, National Partnership for State of the Union address. ‘‘But once again it’s an example of a say-one-thing-and-do-an- you just can’t do very much more. You Women and Families, and the YWCA are depending, to a significant extent, other administration,’’ he said, pointing to express their strong support for the the overtime dispute. on overtime pay. I want to remind the Harkin-Kennedy amendment to pre- An omnibus spending bill has been stalled Senate about what has been happening serve the overtime protections. Those in Congress in a partisan dispute over provi- in the workforce. The middle-income are the leading women’s groups—Na- sions to which Democrats object. One would mothers work 55 percent more hours tional Organization for Women, Na- allow the Bush administration to press today than 20 years ago. Here it is: It tional Partnership for Women and ahead with rules that Democrats say could was 895 hours in 1979, and in 2000 it was Families, YWCA. Effectively, every strip millions of their right to overtime pay. 1388 hours—almost double what they group that represents women in our so- Hitting that theme, Mr. Kerry said the presi- were working in 1979, over a 20-year pe- dent would treat those who trained for some ciety strongly opposes these provisions skilled jobs in the military as professionals riod. Why are they working? To pro- which are written in by the Republican ineligible for overtime pay, add in that this vide for their families. What are we leadership denying overtime. ‘‘made my blood boil.’’ saying to these mothers who are work- These organizations representing ‘‘We need a president who understands that ing hard and making some overtime? women—Nine to Five, the American the first definition of patriotism is keeping

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S134 CONGRESSIONAL RECORD — SENATE January 22, 2004 faith with those who wore the uniform of the Washington who he said block legislation fa- that if you buy a hunk of meat, you country,’’ Mr. Kerry, a Vietnam veteran, vorable to low-income and middle-class should know from where it comes? said at Daniel Webster College in Nashua. Americans. In all of the Senator’s experience, his ‘‘Let me tell you what we should do with He spoke as two new polls showed him tak- ability to articulate as well as anybody ing the lead in New Hampshire. The separate these Washington lobbyists,’’ he said. ‘‘We polls, in the Boston Herald and the Boston ought to cut them off at the knees. The in the country today, could he in his Globe, each put Mr. Kerry 10 points ahead of truth is these people are stealing your de- mind figure out a way to defend that his closest rival, Howard Dean, although sur- mocracy.’’ position? veys in primaries are notoriously unreliable Senator Joseph I. Lieberman, who moved Mr. KENNEDY. Well, the logic of the because of the difficulty in identifying likely to Manchester rather than compete in Iowa, Senator’s argument is so overwhelming voters. called the New Hampshire primary race wide and the common sense of it is so com- Mr. Kerry also began commercials showing open and talked up his ability to beat Mr. Bush as he spoke to high school students and pelling. people praising his ‘‘leadership and experi- Mr. REID. Could I ask another ques- ence’’ and emphasizing his endorsement by business leaders. He urged voters to weigh the Concord and Nashua newspapers. his experience, consistency and predict- tion? Wednesday night at Phillips Exeter Acad- ability. Mr. KENNEDY. Let me complete emy, he drew about 1,000 people, easily his Mr. KENNEDY. Madam President, fi- this. As the Senator remembers, at the largest crowd for a stump speech in New nally, I would have thought that since time we heard about the mad cow dis- Hampshire. Tuesday—it is now Thursday—we ease, there was not a family in Amer- In his noon speech in Nashua, he rolled out would have heard someone on the other ica that was not asking what is the a few new phrases to depict the president as safety in terms of the food we are eat- out of touch with everyday Americans and in side come down and defend stripping the thrall of the ‘‘special interests.’’ these provisions out of the omnibus ing, the meat product our children and ‘‘You can tell from his State of the Union bill. The silence has been deafening. our families eat. All America was con- address that the President is facing re-elec- One would think if they were going to cerned about it. We have an oppor- tion,’’ Mr. Kerry said. ‘‘I wish he’d face re- take these out, at least they would tunity to do something about it. We ality. Watching President Bush’s speech last have the guts to come down here and know what can be done about it. night, one thing kept coming back to me: He explain to the American people why. As I hear the Senator from Nevada, it just doesn’t get it.’’ would not take an awful lot of time. I He invoked ‘‘the unheard majority in the Why did they take them out? Who took health care debate,’’ saying, ‘‘We need a them out? Who asked that they be know the Senator’s amendment. I do president who’s going to make sure their pulled out? What was the reason, after not think it would take more than half voice is finally heard, that they have access it had been supported by the Senate an hour to be able to include those pro- to the White House, not just those who con- and House of Representatives? But all visions that would give the kind of ad- tribute significantly to campaigns.’’ there is is silence—silence—from the ditional health safety protections for Mr. Kerry said he would reverse rules bar- Republican side. the American people. It is not an abso- ring Medicare and states from negotiating That says something, does it not, lute guarantee for every situation, but for discounts on bulk purchases of prescrip- it would make a major difference. How tion drugs and repeal a ban on re-importing when we are talking about something American-made drugs from Canada. He which has already been addressed in long does the Senator think it would called on Mr. Bush to work with states like both Houses, passed in the Senate, take to include those provisions that New Hampshire that have tried to start re- passed in the House, and stripped out would provide the country-of-origin importation. in the dead of night and there is silence protection? Deriding the Medicare bill enacted last on the other side. Mr. REID. I disagree strenuously year as a benefit only for pharmaceutical American workers deserve better. We with the Senator about needing half an companies, Mr. Kerry said, ‘‘If I’m president, deserve to understand what the process hour. It could be done in 5 minutes, 21⁄2 I pledge to you, we will repeal that phony minutes on each side. This is so clear bill.’’ was in taking out this provision that As Mr. Kerry aimed his fire at the White has been passed by the Senate, and the cut. The Republicans en masse would House, the second-place finisher in the Iowa leadership refuses to give us an oppor- vote in favor of this. caucuses, Senator John Edwards of North tunity to have another vote to put it This is something that has been di- Carolina, briefly detoured to his native back in. Why are we not having a vote rected from 16th and Pennsylvania Av- South Carolina, where the Democratic pri- to be able to restore it? It doesn’t take enue. It was done in the dead of night. mary will be held Feb. 3. any time. We would agree to half an The Republican leaders did not follow At a packed sandwich shop in Greenville, the legislative prerogatives within the Mr. Edwards sounded his themes of spreading hour, with time evenly divided. Let’s optimism and hope in a country he sees hear them defend the Labor Depart- Constitution and caved to the Presi- dispited by job loss, financial insecurity and ment’s regulation, a regulation that dent and corporate America. shrinking education opportunities. And nat- will affect women, a provision that This would take 5 minutes. We are urally he emphasized his roots in a state works unfairly against veterans, a reg- going to have a chance to vote on this, whose primary he says he must win to re- ulation that is unfair to firefighters, and when we do, it will overwhelmingly main in contention. ‘‘I was born here, I still police, and nurses. Where is the jus- pass. have a lot of family here,’’ Mr. Edwards said tification? There is silence on the other Mr. KENNEDY. We could do it now, to raucous applause, adding, ‘‘This is part of side. am I correct, or do it if there was who I am and I intend to compete every way agreement? I know how.’’ Mr. REID. Will the Senator yield for Later, back in New Hampshire, Mr. a question? Mr. REID. We could do it now in 5 Edwards reprised a line comparing his elec- Mr. KENNEDY. Yes, I yield. minutes. Nobody will oppose it. I dare toral potential in the South to that of his Mr. REID. What the Senator is say- anybody to come to this floor and op- northeastern rivals. Answering a question at ing—I say in the form of a question— pose what is going on in this country Roland’s diner in Nashua on how he would there may be silence on the other side on mad cow. My 13-year-old grand- get his agenda through a Republican Con- but it is a little hard, with mad cow daughter at dinner Monday night asked gress, he said: ‘‘The question is, who on the disease floating across the world and her little 8-year-old brother, Aiden: top of the Democratic ticket can go every- occurring in our country, for me to Would you like a piece of mad cow? place in America and campaign with the can- didates and strengthen their ability to get comprehend how anyone could defend Even children are afraid of this. elected?’’ not having country-of-origin labeling Mr. KENNEDY. Well, there you are. He added, ‘‘In Georgia, do you want John in this bill. Mr. REID. Could I ask the Senator Edwards campaigning with you? Do you The Senator from Massachusetts has another question? I apologize. I hope I want Howard Dean campaigning with you? been in the Senate for an extended pe- am not imposing too much. Do you want John Kerry campaigning with riod of time. Madam President, with all Relying upon the experience of the you?’’ of his experience, can he think of any Senator from Massachusetts, whom we Later Wednesday evening, Mr. Edwards reasonable rationale, logical argument have all heard on many occasions ex- drew one of his largest crowds yet in New Hampshire, some 400 people who filled a that can be entered to defend their plain as well as anybody who could on V.F.W. hall in Portsmouth to overflowing. having taken something that passed an issue, we have a situation where the He drew strong applause for his vow to di- the House and Senate dealing with President of the United States has in- minish the influence of special interests in country-of-origin labeling, namely, dicated for a while now that he wants

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S135 to take away overtime for millions and Mr. REID. Twelve noon today. a lot of things going on. This weekend millions of Americans, and we, the Mr. FRIST. That is correct. people are going back to their States Congress assembled, the House and the The PRESIDING OFFICER. Twelve to have certain meetings. It is impor- Senate, said we do not want him to do noon today. Without objection, it is so tant we continue the business. I appre- that, and we passed provisions and laws ordered. ciate the work on both sides this week. saying he cannot do that. Mrs. HUTCHISON. Parliamentary in- It has been a productive week on many Again, in the dead of night, the Re- quiry: The time would be equally di- important issues, and we will continue publican leadership in the House and vided from now or from the beginning to make progress over the course of the the Senate caved in to 16th and Penn- of the session? day. sylvania Avenue. Now, I ask the Sen- Mr. REID. If there is a problem with If it goes as outlined—I would like to ator from Massachusetts, can he come time and more time is needed for the be able after the second vote today to up with any logical argument as to majority, we will include Senator KEN- begin the pension debate, with both why the American people should be NEDY’s time. We only have Senator sides having people available—we faced with police officers, firemen, KENNEDY and Senator CLINTON. If would have no more votes Thursday or nurses, cooks, paralegals, dental hy- somebody else comes, I am sure we will Friday—I am not making that an- gienists, social workers not being able not have trouble dividing up the time. nouncement now, but hopefully later to get overtime? Mrs. HUTCHISON. That is fine. I this afternoon—and then we will stack Overtime went into effect during the didn’t know how it would come up. I votes for Monday afternoon. I yield the Depression, 70 years ago. Can the Sen- wanted to make sure, if we have some floor. ator come up with any way anyone people before 12, that there is some The PRESIDING OFFICER (Mr. EN- could articulate a defense of having way to accommodate them. SIGN). The Senator from Texas. this overtime provision in this legisla- Mr. FRIST. Madam President, we Mrs. HUTCHISON. Mr. President, the tion? have been working with both sides of Senator from New York is on the floor Mr. KENNEDY. The answer is special the aisle to make sure people have had and Senator BENNETT is on his way, but privilege, special interest. Just to add adequate time to address this issue I want to take a moment and say I un- to what my good friend from Nevada over the last day and a half. These are derstand some of the concerns that pointed out, the Department of Labor very important issues and why we have have been raised, but this is a bill that then had the gall to publish sugges- brought this bill to cloture votes and puts Congress’s imprimatur on spend- tions to show American business how another vote. So the vote will be at 12 ing for the next 9 months. It does not to make sure these 8 million were not noon, with the understanding that this take last year’s priorities. It takes this going to receive the overtime. This is will give people adequate time to year’s priorities. just special interest politics: Mad cow, speak. We will stick with the time We have had a chance to talk about overtime, power of special interests. being equally divided. it. We have had a chance to debate. We These are the similar kinds of interests To clarify, the vote will be at noon, have had amendments earlier in the that denied this institution the oppor- an hour and 20 minutes from now. If we process. There has been a full vetting tunity to permit negotiation of drug are successful with that cloture vote, of the differences on this bill. My bot- prices under Medicare. What is in the there will be another vote right after tom line is, are we going to let this bill public interest there? America is fi- the first vote. So we would have both fail and have a continuing resolution nally going to find out the Bush admin- of those votes between noon and 1 that will go from January to October 1 istration is primarily interested in pro- o’clock. and fail to enact the reforms in elec- tecting the special interests, not the At that point, if we are successful, tion law that will ensure the integrity public interest. the plan is to go to the pension rate re- of the ballot in our country during a That is what I heard across the var- form bill. We would begin debate on Presidential election year? Are we ious small towns, communities, and that bill today, as well as amendments going to keep $148 million from going farms in Iowa. The American people today and tomorrow. into the National Cancer Institute are beginning to get it and nothing il- The reason I am making this an- when we are doing great research on lustrates it more clearly than the pro- nouncement now is because I want to the causes of cancer and the potential posed overtime change in regulations put everybody who is interested in that cures? Are we going to fail to meet the which so adversely affects not only pension reform legislation on notice needs of our veterans by not allowing these 8 million Americans but particu- that they need to be around today, to- larly members of the Armed Forces, re- the hiring of physicians and nurses, not morrow, and Monday, during which we turning veterans, and the women in our fully funding the pharmacy costs which will debate and offer amendments. society. are going through the roof, which we I yield the floor. If we are successful with these two must fund for the veterans who are The PRESIDING OFFICER. The ma- votes and we get on the pension bill, I needing drugs as so many people in our jority leader. will be able to say no more votes today country do? Are we not going to fully Mr. FRIST. Madam President, I will or tomorrow if we can stack those fund the impact aid schools where our be very brief. I want to address a votes for Monday afternoon. We will military children go to school while change in the time we will be voting have no votes after the omnibus bill their parents are in Iraq and Afghani- today and move that ahead. I want today if we can make progress on the stan? Are we going to let those schools’ Senators to know just as soon as pos- pension bill and come to an agreement budgets be cut back? I ask, what is the sible. I will propound a unanimous con- that we will stack those votes for late alternative to passing this bill? The al- sent request and then comment on it Monday afternoon. ternative is using last year’s budget, for 1 minute. Mr. REID. Will the majority leader last year’s priorities, and not putting Madam President, I ask unanimous yield? The ranking member of the the stamp of this Congress on these consent that the cloture vote on the HELP Committee, Senator KENNEDY, priorities in place. conference report now occur at 12 noon; has indicated he is ready to begin some I think we have to look at our provided further, that the time prior to debate on this bill on our side this choices. The choices are increasing the the vote on cloture be for debate only, afternoon. Senator BAUCUS, as you FBI, increasing impact aid for our and that the time be equally divided know, is recovering from that accident schools, increasing National Cancer In- between the chairman or ranking mem- where he fell. He will not be here. The stitute funding, increasing the ability ber or their designees, with the final 10 Finance Committee is aware Senator to make sure China and other coun- minutes equally divided between the KENNEDY will be managing the bill on tries are complying with intellectual two leaders or their designees; provided our side. So we are ready to proceed on property laws. We will lose a lot if we further, that all of the provisions of this matter as soon as the omnibus do not pass this omnibus bill today and the previous order remain. work is completed. go forward with the funding programs Mr. REID. Twelve noon today. Mr. FRIST. Madam President, I very for next year on an orderly basis. The PRESIDING OFFICER. Is there much appreciate that participation. The PRESIDING OFFICER. The Sen- objection? Coming back on January 20, there were ator from New York.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S136 CONGRESSIONAL RECORD — SENATE January 22, 2004 Mrs. CLINTON. Madam President, I There is a phrase, ‘‘under cover of minute, we don’t think that is fair. On listened to the debate with respect to darkness.’’ I think this bill represents, September 10 of last year, with bipar- the fiscal year 2004 Omnibus appropria- ‘‘under cover of conference.’’ This is tisan support, we addressed this pro- tions bill that is before us. I agree with one of those processes that may sound posed rule and we saw, in the House, a many of the points my friend from a little arcane and even boring to peo- motion passed to instruct the con- Texas was making about the important ple watching at home or sitting in the ference committee to adopt the Senate appropriations in this bill and the ne- gallery, but this is the way our Govern- language, which was on a bipartisan cessity for providing the funds needed ment in this body, the Congress, works. basis, to reject changes under these to run the significant, critical pro- The Senate passes something. The kinds of circumstances in the overtime grams of our Government. It is regret- House passes something. Then, in order compensation laws. table, therefore, that we are confronted to work out any differences between Now what has happened? You would with this particular choice. It was an the two Houses, they go to what is have thought that ended it. But, no, unnecessary choice. It is a false choice. called a conference committee where the administration has refused to com- The appropriators worked very hard. they say: Here is what you passed, and ply with the wishes of the majority of I have the highest respect for members here is what you passed. How do we both Houses of Congress, and I believe of the Appropriations Committee. In compromise? Compromise is the very the majority of Americans. So we are their hard work, they produced rec- essence of a legislative body. faced with an Omnibus appropriations ommendations about what funding was But that is not what happened this bill that radically changes laws that needed for the critical functions of our time. What happened is that the con- have been in place since the 1930s. I Government. If that is what we were ference committee became a separate, just think everybody needs to under- voting on today, I do not know that equal, powerful, independent legisla- stand this. This is not a partisan state- there would be a debate. I am confident tive body run by the administration. It ment. This is not a political claim. there would be overwhelming support was under cover of conference that the This will take away overtime protec- for that part of the bill. But we all White House unilaterally added provi- tion from American workers, whether know what happened was not the bill sions to this bill which reflect their po- you are Democrat or Republican, an that came out of the Appropriations litical ideology and agenda, whether or Independent or pay no attention to pol- Committee or the bills that came out not the duly elected Members of the itics. of the Senate. Instead, in a conference House and the Senate agreed. I don’t think most experts believe committee, legislation was inserted Nowhere is the antidemocratic na- that workers will work less. In fact, into this appropriations bill that has ture of this process more apparent than the productivity gains that have been far-reaching consequences. in the denial of overtime pay protec- occurring are largely because workers So here we are being asked to sup- tions for 8 million Americans, includ- port the ongoing funding of the func- in America are actually working longer ing 450,000 New Yorkers. This is a sig- tions of our Government, which all of hours, not fewer hours. In fact, the nificant overhaul of our Nation’s work- us agree is important, at the cost of General Accounting Office found that er protection laws. It was proposed supporting some very serious changes workers who already are not covered in our laws that will have far-reaching under a cloak of secrecy without a sin- by the Fair Labor Standards Act pro- consequences for the people who live in gle congressional hearing, without a tections are more than twice as likely our States and our country. single public hearing. to work overtime; three times as likely As Members of the legislative body, As many of my colleagues remember, to work 50 to 60 hours per week. the legislative branch of Government— when the previous administration, the This is going to have a particularly because we have three branches, three Clinton administration, issued regula- disadvantageous impact on Americans coequal branches under our Constitu- tions governing how we work today who live in high-cost areas such as New tion—we have two primary responsibil- with computer terminals and repetitive York City. When you look at what the ities. First, we are the voices of the kinds of procedures which cause carpal new rules are and the way the adminis- people who elect us. That doesn’t mean tunnel syndrome and other sorts of tration has rubbed salt into these we always agree with every con- problems, regulations were issued to wounds by not only changing the rules stituent. That would be impossible. I help redesign the workplace and pro- but sending out circulars to employers have 19 million constituents. But it tect the modern worker, particularly to tell them how they can avoid even does mean that we listen and we pay office workers but also people on as- getting into a position where they attention and we try to make the very sembly lines who do repetitive work might have to pay overtime, it is not a best judgments we can about what is in hour after hour. The Clinton adminis- far reach to conclude, as have many ex- the interests of the people we rep- tration Labor Department issued perts who have looked at this, that we resent. ergonomics regulations. That is the are seeing with this bill a direct cut in Then, second, we are part of the sys- phrase that describes how we try to im- the take-home pay and the yearly in- tem of checks and balances among the prove the workplace to deal with these come of people who work really hard branches of Government our Founders kinds of stresses. and who will continue to work hard for so brilliantly invented. The Republicans in Congress at- less money. I believe this omnibus bill and the tacked the Labor Department for Three of the groups that will be most process through which it was con- issuing these regulations, claiming impacted are police officers, nurses, structed violates both of those primary they had rushed to judgment because and veterans. The International Union duties. This bill is laden with provi- the Clinton administration held only 27 of Police Associations and its general sions that were rejected by a vote in days of public hearings—27 days. Here counsel, who is widely recognized as this body, and some by votes in the we are being asked to vote to radically one of the Nation’s leading experts on other body. We took a vote. We said, change the overtime compensation the Fair Labor Standards Act, esti- representing the people of New York or rules of our country, and we have never mates that 50 percent of our police offi- Nevada or Utah or America, we are for had a public hearing from this adminis- cers will lose their overtime provision it or against it but here is where we tration. Nevertheless, the changes, if this regulation is implemented. stand. Apparently the majority vote is when they were announced, got a huge I don’t look forward to the next or- no longer the rule in Congress, much to outpouring of reaction and a lot of ange alert in any community in our my amazement and distress. That is scrutiny from workers and unions and country where police officers are put because this bill has many provisions people who know what it means to on 12-hour shifts, maybe 16-hour shifts, which were rejected, which were turned have to work hard and be told you are where they are asked to work double- away, yet here they are in the bill. We going to work hard and you are not and triple-time shifts to protect us, are asked that we either vote for every- going to be paid any more money for it. and all of a sudden, no more overtime. thing or risk the loss of funding for Many tough questions were asked. The same with nurses. I have an ex- critical Government functions. To me, As Members of the House and Senate traordinary admiration for nursing. it just defies our constitutional sys- learned more about these proposals, we I know from many of the nurses with tem. became concerned and we said wait a whom I work and speak on a regular

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S137 basis that they are already being nied overtime. The Bush administra- buy the Chinese apple. I want to buy forced to do a lot of overtime because tion, under this regulation, would do the New York apple. I sure want to of cost pressures on hospitals. They are away with this requirement. They know where the meat I eat comes from. being asked to do an extra shift. They would allow training in the Armed That is what this body voted for. come to the end of the week, and they Forces to substitute for a 4-year de- But in response to pressure from a are being asked to work weekends. gree. I know we have an all-volunteer small group of the meat and food in- Many nurses are concerned about the military. I am very proud of the young dustry executives, the administration quality of their work, being under pres- men and women who sign up to serve did the bidding of the special interests sure when they have already put in a our country. I know when they are re- instead of the vast majority of Ameri- 40-hour, 50-hour, or 60-hour workweek. cruited they are told: Here is the train- cans. Once again, why are we sur- But now we are going to ask them to ing you can get and the additional edu- prised? And they stuck language into keep working and not pay them. I am cation you can obtain in the Armed this Omnibus appropriations that will sorry, I don’t understand what reality Forces. This is not only an opportunity prevent consumers like us from know- our friends on the other side and on the to serve your country but to put you in ing where the food we purchase is other end of Pennsylvania Avenue live a good position for the future when you grown, and they will overturn a law in. We are losing nurses at a rapid rate get out of the military service if you do that is very important to the farmers I because the working conditions with not make it a career. You will have represent and to American farmers and mandatory overtime are already so dif- tremendous opportunities because of producers around our country. It is ficult. The average age of the Amer- these skills. stunning that this would be done at a ican nurse is 45. These are mostly Now we are turning around and time when we were really focused on women. But they are women and men breaking faith with our veterans, too. our flood supply, when we know we with lots of responsibility, training, We are basically saying: You know need to do whatever we can to protect commitment, and devotion. They don’t that training we gave you, that edu- our food from disease and possible ter- mind working hard, but they have fam- cation you acquired in the military? rorism. ilies. They have their own health to Now it is going to count against you. The mad cow issue that arose a few worry about. All of a sudden they are You take a job where otherwise you weeks ago is something that has gotten going to be told their job depends on would be entitled to overtime—say you everybody’s attention focused on the them putting in that extra time. But become a police officer and an MP in quality of our food and the safety of we are sorry, we changed the overtime the Army; you don’t have a college de- our food. rule. gree, but you served as an MP. All of a The idea of a country-of-origin re- Right now, nurses who do not have a sudden, guess what. You are not eligi- quirement was passed as part of the 4-year degree could be denied overtime ble for overtime anymore. farm bill in 2002. Here it is 2004, and under these proposed rules if they have It is very hard to justify in a jobless this administration wants to undo the ‘‘experience in nursing.’’ How absurd is recovery like the one we are allegedly will of the democratically elected ma- that? Of course, they have experience in that we would make life harder for jority of the Houses of Congress. in nursing. They are nurses. working Americans; that we would tell There are many more examples of It used to be if you had a professional the police and firefighters and nurses what is wrong in this omnibus, whether degree above a certain level you were and veterans and others, guess what. it is reimposing the national television considered a professional, you worked We are going to take money out of ownership cap that was already re- for a salary, and you weren’t going to your pocket in order to satisfy employ- jected in both Houses, making our get overtime. But a lot of LPNs and ers who do not want to be fair to you. media less diverse, more concentrated, others, after they have worked a year We wouldn’t have needed these laws and less responsive to local issues. or 2 years, all of a sudden have experi- if everybody lived by the golden rule, Senators MCCAIN and HOLLINGS held ence even though they don’t have a 4- would we? If everybody got up every extensive hearings on this issue. They year degree. So now this administra- morning and said I am going to treat produced a Senate resolution to restore tion is telling their employers to work people the way I want to be treated, I meaningful, cross-ownership limits on them because they are now experi- am going to treat my employees the television stations and newspapers. It enced. That is their equivalent. way I want to be treated, we would not passed by a vote of 55 to 40. That was The cynicism of this is breathtaking. have to have this law, or probably any a bipartisan majority vote. The legisla- It bothers me greatly to see this great other law. But we know, with human tive branch did its job. We held the body be part of such a fraud. nature being what it is, that we have to hearings, we got the evidence, we did Look at the estimates. Two hundred have some protections for those people the argument and debate, and we had and thirty-four thousand LPNs will who are in less powerful positions. We the vote. It doesn’t seem to matter to lose overtime. You know that a lot of are just tearing up that social contract the folks on the other end of Pennsyl- nurses are going to continue to walk right now. vania Avenue. If it crosses one of their away from nursing. It is hard enough if There are many other provisions in special interests, by George, we don’t you are paid for these long, difficult this omnibus bill that either were care about democracy. We don’t care hours. But not to be paid for them? I voted against by this body and stuck in about majority votes. We don’t care just think we are going to be exacer- anyway or never considered. I am find- about bipartisanship. We are going to bating the nurse shortage and under- ing this an amazing experience being in deliver to the people whom we think mine the quality of care available to the Senate. Everything that I read in are on our side when it comes to spe- patients. civic books and that I thought was cial interests. The final category I will mention is what happened in our legislative body It is distressing and it is something our veterans. We have heard a lot of is just being upended and thrown out about which I think every American rhetoric about veterans in the last cou- the window. should be concerned. We are under- ple of days, haven’t we? I am very Another provision slipped into the mining the checks and balances of our proud to represent hundreds of thou- omnibus which was earlier rejected by Constitution. We are undermining ac- sands of veterans. I am very proud of this body on a bipartisan basis will countability. We are undermining the the men and women serving us in uni- delay the implementation of manda- coequal branches of Government. form today. Yet this bill takes away tory labeling of the country from If all we wanted was a king, we would the overtime protections to which which meat and vegetables are im- have put a king into the Constitution many veterans in the workforce are ported. I want to know where my food to do whatever the king wanted to do. now entitled. comes from. I would be happy if I could What do we need a democracy for? Why Right now, under the law as it is buy only food from New York because do we need to elect people to come to written before this regulation can go I would like to support my New York the Senate to express their opinion, into effect, only workers with a 4-year farmers. I would like to know whether hold hearings, and have votes? Let us degree in a professional field can be la- that is a New York apple or a Chinese just cede all authority to the other end beled professional, and, therefore, de- apple. Somebody else can go ahead and of Pennsylvania Avenue. They want

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S138 CONGRESSIONAL RECORD — SENATE January 22, 2004 control of the executive branch. They I will talk about the country-of-ori- who will speak next but I have been want control of the congressional gin labeling because I was personally here long enough to have been in a branch. They want control of the pork. involved in it. The House of Represent- number of Appropriations Committee Why don’t we just all give up and go atives said: Absolutely, we are going to conferences, most of them under the home? It doesn’t seem to matter what kill this program. The Senate said: Ab- previous administration, the Clinton we vote on. It doesn’t seem to matter solutely, we have to keep this program. administration to which she referred, what the majority says. The adminis- There is not a lot of room for negotia- and I tell my constituents, in every tration calls the shots, and people in tion between those two positions. conference of the Appropriations Com- this body let them do it. It is aston- For her to say it is terrible, what mittee on which I have sat—and there ishing to me. came back from conference was not are a number of them—when the Clin- Another example: We are diverting what the Senate passed and somehow ton administration was in power, the limited educational resources to an un- we did it because the administration Clinton administration made its wishes tested, unproven, private school vouch- told us to do it ignores the fact that very much known. And in every in- er plan which was not included in the the House of Representatives has ex- stance the veto threat that came out of Senate-passed bill. I think, once again, actly the same amount of power under the Clinton administration was, if you we are doing something that has no the Constitution as the Senate. And do not increase spending above the support in this body and we are letting they took a very firm position. amount you are talking about in this it happen because the administration What we came up with, in conference, bill, the President will veto it. wants it to happen. and I was the one who suggested it so There were times when we gave in to We also have an across-the-board cut I have direct knowledge, was a com- that pressure from the administration. in this bill, not debated by the Senate, promise that said we will not take the We felt it so necessary to pass the ap- stuck into the bill at conference, tak- House position and kill this program, propriations bills and fund the Govern- ing away money from agencies of the but since the House will not take the ment that we would grit our teeth and Government, appropriations already Senate position and implement it im- say, all right, we will, even though it signed into law, including the Depart- mediately, let’s simply delay the effec- was not adopted in either House we ment of Homeland Security. tive date to give us time to figure out will, in fact, increase spending in order I could go on and on. It is astonishing a way to make it work, if it is possible to avoid a veto threat. what happened under cover of con- to work. ference. It is hard to justify a process I don’t consider that under cover of The veto threats we have heard out that is so flawed, so antidemocratic— darkness. I don’t consider that a viola- of the Bush administration have been with a small ‘‘D’’—so beholden to and tion of what we learned in civics class the other way. The veto threats out of in the pocket of special interests, so about the way to resolve problems be- the Bush administration are, these willing to buckle under and do the bid- tween the House and the Senate. I spending numbers are too high and we ding of the administration, whether or think it is a legitimate position that have to cut them down in the name of not it is in the best interests or the comes to a compromise between the fiscal responsibility. long-term benefit of our Nation. House’s firm statement and the Sen- It is our responsibility to do the busi- I make that point because one of the ness of those people who sent us here. ate’s firm statement and says we will things being said in this political sea- By ignoring the will of the majority, keep the law, which is what the Senate son is that the Republicans have given by turning our backs on the Senate and wanted, but we will delay the imple- up on fiscal responsibility; the Repub- the House, we are making a mockery of mentation, which is not quite what the licans are responsible for the runaway our system. House wanted. I view that as a win for spending. I have been there. I have I know very well that during the pre- the Senate position. been at the conference committees. I vious administration the other side of I am a little bit troubled to have the can assure all Members that this ad- the aisle would be up in arms. And they Senator from New York say we have ministration is no more active in the should have been if something such as violated the spirit of the Constitution conference committees than the pre- this had gone on, no doubt about it. with this kind of a compromise and vious administration, and all of the I hope we will continue to stand this kind of accommodation between pressure out of the previous adminis- against this mockery of the democratic the two. tration was to increase the spending process and the undermining of our leg- I have said this before and undoubt- whereas the pressure out of this admin- islative responsibility. edly will again. I learned from my fa- istration has been to try to get the The PRESIDING OFFICER. The Sen- ther when he served in this body this spending under control. I simply want ator from Utah. truth: We legislate at the highest level to get that information clearly on the Mr. BENNETT. I have listened with at which we can obtain a majority. record as we go into this political sea- interest to the Senator from New York Many times the process of getting to a son. and will respond to several of the majority is not pretty. Many times things she said. things are done which in civics class With that, I yield the floor so we can I notice the chairman of the Appro- people would get very upset about, but hear from the other Senators. priations Committee in the Chamber. I in order to get a majority to get the Ms. COLLINS. Mr. President, I rise do not wish to intrude on his time un- thing done, this is where we are. today to discuss recent progress re- duly because he is the real expert on This bill represents the highest ac- garding amendment 13 to the North- this process and can explain why we commodation of all the interests we east Groundfish fishery management are where we are far better than I can. can arrive at for which we could obtain plan. I do have personal reactions to sev- a majority. eral of the comments the Senator from One other comment that I would like The omnibus appropriations bill we New York has said. She talks about to make with respect to the Senator are currently deliberating will pause things that have not been passed by the from New York and her constant rep- the implementation of amendment 13 Senate and gives two examples—coun- etition that all we did in this con- for 5 months. This pause was added at try-of-origin labeling and vouchers— ference was buckle under to the will of my request because of inequities in and says we are ignoring the will of the administration; all we did was ac- this fishery management plan that un- this body. cept the administration’s position and fairly discriminates against Maine But what she does not comment on over and over again; we ignored our re- fishermen. Since I announced in No- and may not realize is that in both sponsibilities as the legislative branch vember that I would seek to delay im- these instances, the House of Rep- and said whatever the king wants we plementation of amendment 13, consid- resentatives took a diametrically op- will give him. This is the rhetoric we erable progress has been made to ad- posed position to that which was taken get. dress the inequities in it. by the Senate. The purpose of con- I have not been here as long as many Last week, the New England Fishery ference is to deal with that kind of a Members and certainly not as long as Management Council’s Groundfish challenge. the chairman of the full committee Committee held an emergency meeting

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S139 to address these problems. The com- ferees, especially CJS Appropriations I am especially pleased that the Con- mittee made excellent progress. Spe- Chairman GREGG and ranking minority ferees accepted the House funding lev- cifically, it forwarded a recommenda- member HOLLINGS for their hard work els for the Drug Enforcement Adminis- tion to the council regarding a min- on this bill. tration, DEA at approximately $2.2 bil- imum allocation of 10 ‘‘B’’ days-at-sea It has been just over 2 years since the lion rather than the Senate’s level for all permit holders. This significant horrific September 11 attack against which would have severely hampered change will ensure that no fishermen our country. We must remain vigilant the DEA. At a time when the DEA is are shut out of the fishery entirely. in fighting the threat of terrorism. Our shouldering a greater burden in fight- Further, the committee forwarded a priorities should reflect the need to en- ing drug trafficking, I commend the recommendation to the full council ad- sure the security of our people. The Senate for increasing the DEA’s fund- vocating a decrease in the conservation Justice Department leads our Federal ing to make sure that our communities tax for days-at-sea transfer. Both of law enforcement efforts that are so receive all the help they can to reduce these recommendations will soften the critical to protecting our country. the scourge of drugs. impact of amendment 13 on Maine’s Securing the safety and security of I am also pleased to see that the bill fishermen. Americans at home and abroad should funds the Juvenile Accountability The groundfish committee also continue to be the number one priority Block Grant, JABG, program which charged their advisors with identifying in the Federal law enforcement budget. was recently reauthorized as part of ‘‘B’’ fisheries in the Gulf of Maine. It is Such security requires providing Fed- the ‘‘21st Century Department of Jus- crucial that these fisheries are devel- eral law enforcement agencies, as well tice Appropriations Authorization oped to ensure Maine’s smaller vessels, as State and local law enforcement Act,’’ P.L. 107–273. Congress reformed which do not have the capacity to agencies, with the tools necessary to the federal role in the nation’s juvenile reach the grounds currently open, can combat terrorism. Providing adequate justice system by providing relief from utilize their ‘‘B’’ days-at-sea. Finally, funding for these tools is essential to burdensome federal mandates and au- the committee asked their advisory law enforcement’s ability to protect thorizing block grant assistance to panel to examine the problem of America. I am pleased that the Omni- States and local governments, which includes accountability-based juvenile steaming time, which has long worked bus appropriations bill reflects this pri- justice programs. The authorization to Maine’s detriment. ority. I recently received a letter from While we must continue to safeguard act strengthened the Juvenile Account- David Borden, chairman of the New America from future terrorist attacks, ability Incentive Block Grant program. With the passage of Trade Promotion England Fishery Management Council, we should, at the same time, exercise Authority in 2002, Congress set, as one confirming that ‘‘all of the issues that fiscal discipline in order to promote of its priorities, the successful negotia- [I] consider important to Maine fisher- our economy. We face difficult budget tion of free trade agreements. As many man are now being actively evaluated decisions but I am optimistic that with of my colleagues are aware, the burden and considered by the New England the improving economy we can balance of negotiating these agreements falls the need to fund fully the programs Fishery Management Council.’’ Chair- on the Office of the United States necessary to protect Americans with man Borden goes on to assure me the Trade Representative, USTR. I submit the continuing need to exercise the fis- language that I included in the omni- that in order for USTR to do its job, we cal discipline that our constituents de- bus, ‘‘provided the necessary focus for must ensure that they have the ade- serve. the fishery management process to ad- quate resources necessary to perform dress these issues on a timely basis, I am especially pleased that approxi- mately $62 million will be appropriated the job that we demand of the agency. and that process is well underway.’’ I Let’s examine some of the realities to the Foreign Terrorist Tracking Task very much appreciate the chairman’s at USTR. One year prior to the passage Force FTTTF. This independent agen- candor and his willingness to work of TPA, USTR’s workload was com- with me to address the aspects of cy is responsible for coordinating and prised of two trade agreements. One amendment 13 that disproportionately sharing information among agencies year after the passage of TPA, USTR’s harm Maine fishermen. which is crucial to preventing terrorist has taken on more than five times its It is clear that in the months since attacks. The FTTTF is tasked with an prior workload, negotiating nearly a my provision was added to the omni- enormous responsibility—gathering in- dozen Free Trade Agreements and pur- bus, the New England Council has formation from and sharing intel- suing several dispute settlement talks. acted in good faith to meet the con- ligence with—the CIA, the FBI, the Na- And the complexities of the negotia- cerns of Maine fishermen. Given these tional Security Agency and the Depart- tions before and after the passage of developments, I am prepared to lift my ments of Justice, Homeland Security, TPA have changed. Under the man- objections to an implementation date Treasury, State and Defense. Breaking dates of TPA, through the course of ne- of May 1, 2004 for amendment 13. I will down the walls between our agencies is gotiating any Free Trade Agreement, work with my colleagues to examine critical to our national security, and I U.S. negotiators seek: strong Intellec- ways to lift the funding restriction in- applaud the increase in funding for the tual Property Rights protections; ac- cluded in the omnibus. I do this in good Foreign Terrorist Tracking Task cess to telecommunications markets; faith, and ask for good faith in return. Force. access to financial markets; strong bio- My continuing effort to lift this fund- While our Federal law enforcement technology protections; increased ac- ing restriction is contingent on both agencies have focused on combating cess to the services markets; strong in- the council and the conservation com- terrorism, they also carry the burden vestment protections; reasonable labor munity continuing to actively address of investigating and prosecuting other protections; common sense environ- the concerns I and Maine’s fishing com- significant crimes. I am pleased to see mental protections; access to the e- munity have raised. that the bill includes almost $557 mil- commerce market; to ensure the safety I am pleased that my provision had lion for Interagency Drug Enforcement of imported food; and strong dispute its intended effect of focusing the which reflects funding for the multiple settlement mechanisms that help to council’s attention on the legitimate Departments, including the Depart- protect America’s economic interests. concerns raised by the Maine fishing ment of Homeland Security, the De- This is no small feat. community. I am confident that the partment of Treasury, and the Depart- I am pleased that the conferees ac- council will continue to work to im- ment of Justice, which are responsible cepted the House level of funding to prove amendment 13 for the benefit of for cooperating and bringing together this important agency which provided all New England fishermen. the expertise of each of the Federal an additional $5 million—bringing Mr. HATCH. Mr. President, I rise agencies with the efforts of state and USTR’s funding to $41,994,000. This ad- today to discuss the sections of the local law enforcement to combat major ditional funding is consistent with the consolidated Appropriations bill, H.R. narcotics traffickers and money marked increase in the agency’s work- 2673, that pertain to funding for the De- launderers. This represents a signifi- load and will help ensure that USTR partments of Commerce, Justice, and cant increase to assist law enforcement will be able to adequately fulfill their State. I want to recognize the con- operations. Congressional mandate.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S140 CONGRESSIONAL RECORD — SENATE January 22, 2004 I was hoping to see language in the Judiciary Committee’s jurisdiction partisan way to produce what I believe bill which would ask the General Ac- over this or any related matter. was probably the best, most balanced counting Office, GAO, to look into sev- Again, I want to thank the Conferees outcome we could have achieved. eral issues that will be relevant in the for their efforts. Although the amount contained in preparation of the 2010 census. What I Mr. INHOFE. Mr. President, I would the foreign operations conference re- would have liked to see could have like to remark briefly on a matter of port fell far short of the amount re- been as simple as the following: the po- critical importance to me, related to quested by the President—a fact which tential cost of any 2010 Overseas Cen- one of the bills included in this omni- I find mystifying since the President’s sus; the use of emerging technologies, bus, VA–HUD. The Senate Committee party controls both Houses of Con- including the internet, in any overseas on Appropriations’ Report on VA–HUD gress—it is an improvement over the enumeration; the feasibility of using contains language directing the Agen- previous fiscal year. It contains several State or Federal systems for assigning cy for Toxic Substances and Disease new initiatives, as well as additional Americans living outside of the United Registry—ATSDR—to assess the lead funds for some very important pro- States for purposes of appointment of levels at the Tar Creek Superfund site grams. Representatives in Congress among the in Oklahoma, and to submit a report to I supported Senator DASCHLE’s effort several states; and the different ways Congress on this assessment no later last December to pass the foreign oper- of determining some legal basis for than July 31, 2004. As a Senator from ations bill independent of the omnibus. whom should be counted. Oklahoma, and as the chairman of the If we were given the opportunity to These are important issues that need Environment and Public Works Com- vote on the foreign operations portion to be more fully explored. In my State mittee, I cannot emphasize enough the of the omnibus by itself—and frankly I of Utah, where some 14,000 Utah resi- importance of this endeavor to more do not understand why we have not dents are serving an overseas mission fully understand the elevated lead lev- been given that opportunity—I would for the Church of Jesus Christ of Later els we’re seeing in this community, vote aye. Day Saints and are not counted in any particularly in children. As the chair- Instead the administration and con- census—this is an especially critical man of the committee with jurisdic- gressional leadership used the pressure issue. I submit that these four issues tion over both Superfund and ATSDR, I to pass these bills as a vehicle to move are not only important for Utahns but would like to take this opportunity to their agenda forward. Several provi- for the nation as a whole. There are elaborate on my expectations of sions were added, and in some cases re- many citizens of this great Nation that ATSDR in connection with this direc- moved, to the package at the last are either temporarily living or work- tive: I am urging ATSDR, in collabora- minute and behind closed doors, some- ing overseas that are not counted in tion with the Oklahoma State Health times in direct contradiction to votes the decennial census. The Congress Department, to work to identify sig- taken on the Senate and House floors. needs to identify the best and most nificant sources and pathways of expo- We are now in a situation where the cost effective ways to ensure that sure to lead that may be contributing omnibus is mired down in debate over every citizen is counted. to elevated blood lead levels in chil- I would have also liked this bill to controversial issues unrelated to the dren at the Tar Creek Superfund site in underlying bill. correct a provision enacted in Section Oklahoma. 211 of the Omnibus Consolidated and Mr. LEAHY. Mr. President, I come to These are issues as serious as how Emergency Supplemental Appropria- the floor today to express my dis- much overtime our Nation’s workers tions Act of 1999. That section was appointment with the Omnibus appro- should be paid. The Bush Labor Depart- challenged before the WTO following priations bill. ment announced plans last March to its application in a U.S. lawsuit ad- It is not without some reservation overhaul the Federal rules on overtime dressing the enforceability of a trade that I rise today to make this speech. pay. The new rules would redefine eli- name confiscated by the Cuban govern- As a member of the Appropriations gibility for overtime, adversely affect- ment in 1960 without compensation to Committee I know how hard it is to ing nearly 8 million American workers the owner. The court found the trade- draft these bills each year. Senators on who earn between $22,100 and $65,000 an- mark to be unenforceable by the plain- both sides of the aisle have worked nually. I am troubled that so many tiff entity, which had acquired the al- long and hard to produce each of the working families in this country will leged rights to the mark from the seven bills that are wrapped into this no longer be entitled to time-and-a- Cuban government. Congress should package. Chairman STEVENS and Sen- half pay. And I find it disingenuous bring the United States into compli- ator BYRD were tireless in their efforts that the Labor Department is planning ance with the decision of the WTO Ap- to move these bills along and have to include in the regulations a list of pellate Body in that case. tried to keep this process on track de- cost-cutting suggestions for businesses The WTO found in favor of the United spite the difficult hand they were that will show them precisely how they States on the section 211 challenge in dealt. can avoid paying overtime compensa- all respects but one: it concluded that Unfortunately this year, under the tion to their employees. section 211 was drafted in a manner influence of the administration and the On September 10 of last year I joined that transgressed the national treat- pressures of partisanship, the process a bipartisan group of Senators in op- ment and most-favored-nation obliga- broke down. It is now the middle of posing the administration’s overtime tions under the TRIPS agreement. At January, nearly four months into the compensation changes. By a vote of 54 issue was the language of section 211 fiscal year, and 11 out of 15 Cabinet- to 45 the Senate approved an amend- specifying that the Cuban Government, level departments are running on a ment to the Labor-HHS appropriations Cuban nationals and their non-U.S. temporary spending measure. This bill to overturn the regulations for an- successors are ineligible to own, and stopgap measure has already caused other year. The House joined this effort therefore enforce, confiscated trade- disruptions in services and cuts to less then a month later when they in- marks. We should clarify that the pro- many social programs. structed their conferees to support the hibition on owning trademarks con- We should not be in this situation. Senate provision. Unfortunately the fiscated in Cuba applies to all nation- Had we considered these bills in reg- President threatened to veto the fiscal als, not just Cuban nationals and their ular order we would have passed most year 2004 Omnibus appropriations bill if successors, thus removing the basis of of them long ago. The foreign oper- it contained this provision. Late at the WTO’s criticism. ations title was written in a bipartisan night, without the consent of the full While I urged the chairman and rank- manner and every member of the con- conference committee, congressional ing Democratic member of the Appro- ference committee—Democrat and Re- leaders relented and against the will of priations Committee to look seriously publican—signed the conference report. Congress the provisions were removed at including this language in the bill to I strongly support this portion of the from the final bill. correct previous appropriations lan- omnibus, and I want to commend my The Labor Department now expects guage, I do want to make it clear that friend from Kentucky, Senator MCCON- to have its regulations finalized by the it does not constitute a waiver of the NELL, for working with me in such a bi- end of March. And in testimony before

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S141 the Senate Labor Appropriations Com- competitive health of the information Our efforts to increase funding for mittee yesterday the Secretary was un- and entertainment industries. In fact, health research are undermined when willing to not only delay implementa- reasoned analysis suggests precisely this bill leaves us more vulnerable to tion of the regulations, but even to lis- the opposite. Unfortunately, Demo- mad cow disease. Our efforts to fund ten to the debate about how many crats were not in the room when this job programs are undermined when this workers will lose overtime pay because decision was made. The doors had been bill takes away overtime pay from mil- of the regulations. closed and communication had ceased. lions of hard-working Americans. Our Just 2 nights ago President Bush im- I could go on. This mammoth bill in- efforts to fund law enforcement are un- plored us to do more to help struggling, cludes a provision that will pave the dermined when this bill makes it hard- working families across this country. way for contracting out thousands of er for law enforcement to track down He said we should lower their taxes so Federal jobs. Bipartisan agreements criminals who use guns. Our efforts to they have more money to spend. He were reached that would have provided fund election reform measures are un- said we should implement new savings basic protections for federal employ- dermined when this bill allows media incentives so they have more money ees, yet these protections were conglomerates to control more of the saved up. And he said we should imple- dropped. Both the Senate and House information the public receives. ment new programs to promote family voted on provisions that would have If the Republicans had just let well life so they will spend more quality eased the restrictions on travel to enough alone, we would have had a time together. Unfortunately, the ac- Cuba, but this provision mysteriously good bill that I could have supported. tions of this administration to reach disappeared in conference. Titles of the But, I cannot support this bill. into the pocketbooks of hard-working bill that were closed out during con- Let me discuss each of these issues. families—to take away their overtime ference meetings were reopened after First, this bill allows the administra- pay and keep them apart for even deals had been struck; compromises tion to take away the overtime rights longer hours—speak much louder than that were reached on a bipartisan basis of millions of workers. Last spring, the the President’s words. were overturned later without con- administration proposed regulations The will of the Senate was also sultation. This is not how we should be that strip some workers of their right thwarted when it came to regulating doing business. It is undemocratic. It is to overtime protection. Both the Sen- the safety of our Nation’s food supply. not how the American people expect us ate and House voted to reject this regu- Consumers have said, in large numbers, to represent them. lation. But, this bill allows it to go for- that they want basic information The omnibus provides over $820 mil- ward. about the food they consume. A recent lion in long overdue funds that are des- The result is that when President nationwide poll indicated that 82 per- perately needed by Federal agencies, Bush signs this bill, millions of work- cent of American consumers think food including hard fought increases for vet- ers including police officers, fire- should be labeled with country-of-ori- erans medical care and the fight fighters, emergency workers, and gin information. That is why Congress against global aids. But it is packaged nurses will lose their overtime pay. mandated country-of-origin labeling— with tainted goods. Overtime pay now accounts for 25 per- Today I will vote to invoke cloture otherwise known as COOL—as part of cent of the income of workers who on this bill. These provisions could be the recently passed farm bill. The lan- work overtime. Without that pay— fixed if the will was there, but the guage of the COOL law states that only with this new regulation many work- other side of the aisle has made it clear beef born, raised, and slaughtered in ing families will be poorer. that they will not negotiate. Delaying the United States can be labeled a U.S. The new rule will also threaten job this bill any longer will only do more product. Only with the country-of-ori- creation. Requiring employers to pay a harm to our agencies and the people premium for overtime work encourages gin labeling law will consumers be af- they serve. But I will vote no on final employers to hire more workers in- forded a choice about the origin of the passage. I cannot support the omnibus stead of forcing their existing workers food they purchase and consume. The as it is written. It is a flawed document to work longer hours. And the longer recent discovery of a mad cow case in in both policy and process. Washington State from a Canadian cow I hope that over the next few months hours that America’s working parents has made clear the need to implement we can start to restore the spirit of would have to work without overtime COOL immediately. compromise, bipartisanship and con- protections are hours that the new rule Unfortunately, the Bush administra- sultation that used to be commonplace would steal from families. With the tion has stridently opposed COOL. Lan- in the appropriations process. Another stroke of a pen, parents will have to guage was included in this bill that ef- year like this will do permanent dam- work without overtime pay, and they fectively kills the labeling law and de- age to this institution. We deserve and will be forced to be away from their nies consumers essential information expect better in the United States Sen- families. about the meats, fruits and vegetables ate. We have to make the economy work they purchase. Mrs. BOXER. Mr. President, there for working families. Stripping work- The trend of bucking popular senti- are many parts of the Omnibus appro- ers of overtime protections fails that ment continued when it came to the priations bill that I support. test. This is a travesty against every issue of FCC media ownership caps. On There is $225 million in the bill to American who believes in fair pay for June 2 of last year the FCC issued a help prevent fires and erosion in south- work. ruling that would have relaxed media ern California. It provides over $1.5 bil- Second, this bill makes us more vul- ownership restrictions from the 35 per- lion in funding for the COPS program nerable to mad cow disease. The 2002 cent cap to 45 percent. After public and other local law enforcement assist- farm bill includes a provision requiring outrage and much debate, the House ance. It funds all of our education pro- that food products be labeled by their and Senate approved legislation rein- grams, including $1 billion for after- country of origin. This not only pro- stating a 35-percent limitation on FCC school programs, and a $710 million in- motes U.S. agriculture, it enables con- media ownership caps. Despite this the crease in funding to help local schools sumers to know if the food they are White House successfully lobbied for educate disadvantaged students. It pro- buying is safe and healthy. It allows last-minute increase of a permanent vides a $1 billion increase in funding consumers to determine where food is cap at 39 percent. for health research. It includes a $4.3 from and to make purchases for their This so-called ‘‘compromise’’ would billion increase for veterans health families based on this information. It only serve to the advantage of media care. And it includes many of my re- allows consumers to know which beef conglomerates—several of whom are quests for funding for California in the grocery store was from Canadian already in violation of the 35-percent projects. cattle and which beef was born, raised, cap and who would otherwise be re- I wish we had a true appropriations and processed solely in the United quired to divest some assets in order to bill that contained these things and States. comply with the rule. There is no evi- only these things. I could vote for that. The Senate passed an amendment to dence that a 39 percent cap will protect But this bill contains much more than the Agriculture appropriations bill en- the diversity of voices, or foster the that. dorsing country-of-origin labeling. But

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S142 CONGRESSIONAL RECORD — SENATE January 22, 2004 this omnibus bill delays its implemen- who now qualify for overtime pay ation, I voted in favor of the bill. De- tation for 2 years. would find their jobs reclassified as a spite the shortcomings mentioned The American people should not have managerial or professional position, above, I felt the legislation contained to wait 2 years before they have the thus making them ineligible for over- several important provisions that ben- right to know that the food they are time pay if they work in excess of 40 efit both the country at large and the buying is safe and healthy. They hours. This change is significant be- people of Connecticut. For instance, it should have that right, right now. cause overtime pay can provide as contains $1.5 billion for States to make Third, the Omnibus appropriations much as 25 percent of a worker’s an- technological upgrades to their elec- bill would gut the Brady law by requir- nual income. Instead of working to- tion systems. It also contains $1.2 bil- ing the FBI to destroy gun buyer wards creating new jobs and helping lion in added resources for special edu- records within 24 hours of the sale of a working families and individuals, the cation. In addition, it funds vital prior- weapon. legislation creates yet another obstacle ities in health care, law enforcement, Right now, when someone buys a for millions of Americans to provide and transportation. gun, an instant background check is for themselves and their families. On balance, I believe this conference conducted and then the FBI keeps that Second, the conference agreement agreement, while needlessly flawed, is record for 90 days. Since many guns delays the implementation of a man- worthy of support. I intend to continue used in the commission of crimes are date that requires country-of-origin la- to work to rectify its shortcomings. purchased soon before the crimes are beling of meat. In an age where justi- Mr. LEVIN. Mr. President, it is dif- committed, this 90-day database makes fied concerns are growing over the safe- ficult to oppose this bill because it it easier for law enforcement to trace ty of our food supply—particularly beef funds many programs that I support guns used in crimes and to find crimi- products—I feel that it is important for and contains a number of provisions nals. our agricultural policies to include that I worked to have included. How- This bill eliminates that database necessary information and safeguards ever, once again we are being asked to and makes it harder for our hard-work- for consumers. The issue of country of vote on legislation that does not re- ing law enforcement officers to do origin labeling on certain food items flect the will of the House and Senate. their jobs and make our streets safer. such as meats and produce is an effec- This bill cuts funding for important Finally, the omnibus bill allows a tive way to address this issue providing programs, while at the same time in- single company to own TV stations consumers with a measure of control cludes provisions not approved in ei- that reach 39 percent of the country. and choice in their food purchases. ther the House or Senate, while failing This comes after both the House and Third, the conference agreement ex- to include provisions passed by both Senate voted to leave the limit where cludes Senate-passed and House-passed chambers. it is now at 35 percent. measures to reimpose a 35 percent na- Manufacturing has been hit hard in In addition, this bill would permit tional television ownership cap that this country. Of the 3 million private more mergers between newspapers and the FCC rescinded in June 2003. Instead sector jobs lost during this Administra- TV stations in the same local markets. the conference agreement establishes a tion, the vast majority, about 2.6 mil- This means that the door is opened 39-percent cap. The FCC ruling and the lion, are in manufacturing. This bill to massive consolidation of the most conference language, in my view, could drastically cuts one of the few pro- important news outlets in local media clear the way for further consolidation grams we have to spur manufacturing. markets. And that means few voices in- in the broadcast media industry that This is intolerable. The Commerce De- stead of many voices. It means that could potentially allow a small number partment’s National Institute of of owners to control a large proportion even fewer people—a handful of gigan- Standards and Manufacturing Exten- of our country’s news, information, and tic media companies—will be in control sion Partnership, MEP, program, which entertainment sources, thus threat- of the information the American public cofunds a nationwide system of manu- ening to hurt both consumers and our receives. facturing support centers to assist democracy. Groups as diverse as the National Fourth, the conference agreement small and midsized manufacturers to Rifle Association, the National Organi- provides for the distribution of school modernize to compete in a demanding zation for Women, the National Coun- vouchers to students in the District of marketplace, is cut by 60 percent in cil of Churches, Parents Television Columbia public school system. Feder- this legislation. Although the program was funded at Council, Consumers Union, and the ally funded vouchers are bad policy for $105.9 million last year, the President Leadership Conference on Civil Rights the District and for our Nation. Vouch- oppose changing the rules. In fact, the ers do not have a proven or substantial requested an 88 percent cut in the pro- Senate and House voted not to change record of success. Students who receive gram to only $12.6 million in his fiscal the rules. But the Omnibus appropria- vouchers have no guarantee that they year 2004 budget. The House approved tions bill defies the will of the Senate will be accepted into the private school $39.6 million and the Senate $106 mil- and House and provides a belated holi- of their choice while parents have no lion in their appropriations bills. This day gift to big corporations. means with which to know whether or conference report adopts the House We can do better. We must do better. not the private school is raising their level of $39.6 million, a 60 percent cut Until we do better, we should defeat child’s achievement level. All we know to the program. The President and the this bill. for sure about vouchers is that they de- Republican-controlled House of Rep- Mr. DODD. Mr. President, I rise to prive public schools of vitally needed resentatives didn’t even compromise discuss briefly the fiscal year 2004 Om- resources. with the Senate, despite the support of nibus appropriations bill passed today Finally, the conference agreement 58 Senators pressing for a funding level by the Senate. critically underfunds educational ac- of $110 million. They are not willing to When the Senate was debating this tivities in the No Child Left Behind assist small and medium sized manu- measure, there were two motions to in- Act by $8 billion and in title I by $6 bil- facturing companies who are facing voke cloture on the conference agree- lion. By denying localities adequate strong import competition and job ment. I opposed both motions. I did so federal funds with which to raise losses. in the hope that the Senate would re- school standards, student achievement Further, this bill will deprive over 8 visit and revise several issues about and infrastructure standards, we are million workers of overtime pay. The which I have deep concerns. denying millions of children and their administration proposed a regulation One issue is that the conference re- families across the country the edu- to end overtime pay for millions of port allows the Labor Department to, cational resources they need to suc- working men and women. Although the in effect, deny overtime pay to approxi- ceed. House and Senate both voted to oppose mately 8 million workers across our Regrettably, these provisions were this regulation, their will was ignored country. While both the House and the neither revisited nor revised, and clo- because of White House pressure and Senate opposed this policy by partisan ture was subsequently invoked. the language was dropped in con- majorities, that opposition was ignored When the conference agreement was ference. This omission will negatively by Republican conferees. Many workers before the Senate for final consider- impact such public servants as police

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S143 officers and firefighters, including our education and training programs, and report to accompany the fiscal year military personnel who return home to other employment-related services. 2004 Omnibus Appropriations bill, H.R. become police officers or firefighters. We need to protect our citizens from 2673. I would first like to thank the ap- Both the Senate and House versions terrorism and crime, yet this bill fails propriators on both sides of the aisle, of the fiscal year 2004 Commerce-Jus- to adequately fund the COPS program, especially Chairman TED STEVENS and tice-State spending bill included lan- an invaluable tool in making our Ranking Member ROBERT BYRD, for guage prohibiting the FCC from imple- streets and schools safer. To date, the their diligent efforts in crafting this menting its decision to allow a single COPS program has helped add thou- daunting funding package, and particu- company to own more TV stations in sands of police officers and school re- larly for their agreement on several the same market. The current cap is 35 source officers in Michigan. Unfortu- provisions significant to the people of percent. Despite the expressed will of nately, this legislation cuts the COPS Georgia that will meet urgent needs in both houses, the bill before us allows hiring program by $80 million—a 40 transportation, education, agriculture, more media concentration and raises percent cut from 2003 levels and a more and homeland security. the cap to 39 perecent. Allowing this than 60 percent cut from 2002 levels. This body has an obligation to the kind of media consolidation could be At a time when we are asking so American people to ensure the con- harmful to consumers. much of our military, this legislation tinuing operations of our government Further, language in the bill man- provides inadequate funding for our na- by annually appropriating needed fund- dates that the Justice Department de- tion’s veterans. This legislation cuts ing. We also have the obligation to stroy background check records for the nearly $2 billion from the budget spend consistently within the budget purchase of guns within 24 hours of the passed by the Senate in the spring allo- restraints created by the budget reso- gun purchase. Under current regula- cated $63.77 billion for services at the lution—the general agreement between tions, the Bureau of Alcohol, Tobacco, Veterans Administration including Congress and the executive branch in and Firearms can retain the records health care, burial services and other terms of spending limits which this from gun purchases for up to 90 days. commitments. This shortfall short- body adopted last April for fiscal year This 90-day period gives law enforce- changes our nation’s veterans after we 2004. We have met this obligation since ment the opportunity to review and have made great demands on them and this bill adheres to that agreement. audit gun purchase records for illegal strong commitments to them. The spending package before us funds a majority of the agencies and pro- activity and problems with the back- This bill also fails our children by grams of the U.S. Government. Passing ground check system. The provision re- mandating a .59 percent across-the- this omnibus appropriations bill toady quiring the destruction of records with- board cut which would reduce funding will allow us to increase our efforts in in 24 hours was inserted into the bill for No Child Left Behind programs by fighting terrorism; it will strengthen without a debate or discussion of its over $73 million, resulting in 24,000 our state and local first responders potential impact. It is incomprehen- fewer kids being served by title I. Over- all, the Title I Education for the Dis- with increased funding; it will provide sible that we are in a heightened state advantaged Program would be $6 bil- additional medical care and other ben- of alert to guard against terrorism yet lion below the level authorized by the efits to millions of veterans and ad- we are not providing law enforcement No Child Left Behind Act that the dress the needs of our Nation’s schools with more than 24 hours to examine in- President signed in January of 2002. and universities. formation on weapons’ purchases. For example, the omnibus bill in- Language in this bill will also post- This cut in funding would also reduce Head Start funding by $40 million, re- cludes $260 million for the Centers for pone the country-of-origin labeling, Disease Control located in Atlanta for COOL, rule that was previously en- sulting in 5,500 fewer kids attending Head Start. desperately needed building improve- acted. The House bill would have de- I am also concerned about the pri- ments. The CDC is home to some of the layed that provision for one year. This vate-school voucher program that this brightest and best scientists in the conference report contains a 2-year omnibus bill would create in the Dis- world and this money will contribute delay. Not only did the Senate strongly trict of Columbia. This is a proposal to the renovation of many dilapidated reject this provision previously, but, that was stripped from the Senate’s buildings in desperate need of repairs more importantly, this delay under- D.C. Appropriations bill, but squeaked and modernization. this bill is also a mines efforts to ensure the safety of through the House by just a couple of very important to the State of Georgia. our nation’s food supply. The recent votes. I do not believe we should take There are vital programs across the mad cow incident in Washington under- our scarce taxpayer dollars away from State that will receive necessary fund- scored the importance of being able to public schools, where over 90 percent of ing once this bill is passed and signed trace the origin of agricultural prod- our nation’s children are educated, and into law by the President. ucts. If the infected cow had not been divert them to private schools. Fur- I support the passage of this con- voluntarily marked as being of Cana- thermore, in the No Child Left Behind ference report to the fiscal year 2004 dian origin, we would not have been Act, Public Law 107–110, Congress in- Omnibus Bill. Although an unforeseen able to determine the origin of the dis- cluded strong accountability standards medical emergency will not allow me ease in such an expeditious fashion. to demand better results from adminis- to actually cast my vote today for clo- Making COOL mandatory will ensure trators, teachers, and students for all ture or passage of this conference re- that such incidents can be traced more public schools. I believe we should con- port, I encourage my colleagues to sup- quickly. centrate on improving the educational port the passage of these measures.∑ The omnibus bill also denies many level of all students at all DC public EMERGENCY STEEL LOAN GUARANTEE PROGRAM struggling Americans much-needed schools, rather than take some stu- Mr. BYRD. Mr. President, in 1999, I support services. For example, Section dents out. helped enact the Emergency Steel 105 of the Labor-HHS portion of the bill This bill severely underfunds Great Loan Guarantee Program to give will allow the government to rescind Lakes and other environmental pro- American steel companies in difficult unspent, though already obligated, wel- grams, highway construction projects, financial circumstances ready access fare-to-work funds. By instructing the law enforcement programs and funding to capital to enable them to restruc- Secretary of Labor to recapture ‘‘unex- to our veterans. I cannot support this ture their operations, improve their pended’’ funds rather than ‘‘unobli- legislation as it has been brought to productivity, and ensure a future for gated’’ funds, Michigan and several the floor on a ‘‘take it or leave it’’ their hard-working employees. other states could lose a significant basis, violating procedures which as- For more than 4 years, this program amount of this important funding. sure the Senate’s input. I hope that we has successfully granted Federal loan Michigan is threatened with losing $16 can work out some corrective legisla- guarantees to companies like Hannah million that it has obligated in wel- tion which will have the broad bipar- Steel in Fairfield, AL, and Wheeling- fare-to-work funds for FY04. If Michi- tisan support many of these important Pittsburgh Steel Corporation in my gan loses these funds, Detroit alone programs deserve. home State of West Virginia. Without will be unable to provide 6,000 welfare ∑ Mr. CHAMBLISS. Mr. President, I the benefit of these Federal loan guar- recipients with job search services, rise today in support of the conference antees, it is almost certain that these

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S144 CONGRESSIONAL RECORD — SENATE January 22, 2004 companies would have gone out of busi- date in the fiscal year 2004 omnibus appro- Commerce to administer the program. How- ness. Today, however, they are vibrant priations bill. ever, at issue is the Department’s plan to re- companies continuing to support thou- The GAO legal opinion further states: scind some of the $52,000,000 of unobligated sands of workers, their families, and balances of budget authority made available Accordingly, we conclude that the unobli- to the Board under Section 101(f)(5) for guar- entire communities. gated balance of the $140 million appropria- anteeing the loans. The fiscal year 2004 omnibus appro- tion from the 1999 Steel Act is not ‘‘available Section 215 of Division B of H.R. 2679 only priations bill, has included a 2-year ex- to the Department of Commerce’’ and thus would permit the Department of Commerce tension of the Emergency Steel Loan would not be subject to the section 215 re- to rescind obligated balances available to Guarantee Program, which otherwise scission. Thus, the Secretary of Commerce the Department of Commerce. Section may not legally rescind $17.711 million as 101(f)(5) of P.L. 106–51 clearly appropriates would have expired on December 31, planned from the unobligated balance of ap- 2003. The extension was included, with- funds to the Board, not to the Department of propriated funds in the Emergency Steel Commerce. The Secretary of Commerce is a out objection, in the omnibus appro- Guarantee Loan Program. minority member of the Board. The Chair- priations bill that passed the U.S. So, I would ask my friend and col- man of the Board is the Chairman of the House of Representatives; it was league, Senator HOLLINGS, the ranking Board of Governors of the Federal Reserve strongly supported by the full Senate member of the Senate Appropriations System. Pursuant to P.L. 106–51, loan guar- Appropriations Committee; and it is Committee’s Subcommittee on Com- antee agreements with affected steel compa- now awaiting final action in the fiscal merce, Justice, State, and the Judici- nies are signed by the Executive Director of the Board, not by the Secretary of Com- year 2004 omnibus bill now pending be- ary, if he agrees that the Commerce fore the Senate. A separate provision merce. Department has no legal authority to I seek the legal opinion of the U.S. General was included under Division B of the rescind the unobligated balance of Accounting Office on whether the Depart- fiscal year 2004 omnibus directing the funds from the Emergency Steel Loan ment of Commerce would have the authority Department of Commerce to rescind Guarantee Program in light of the under section 215 of Division B of H.R. 2673 to $100 million in prior year unobligated legal opinion I have just obtained on rescind unobligated balances that are avail- balances. It is my understanding that this matter? able to the Emergency Steel Loan Guarantee Board under section 101(f)(5) of P.L. 106–51 for the provision was included in order for Mr. HOLLINGS. My response to my the CJS Subcommittee to meet their the purpose of guaranteeing loans. friend and the ranking member of the With warmest wishes, I am allocation. Senate Appropriations Committee is I Sincerely yours, Mr. HOLLINGS. The full committee absolutely agree the Commerce De- ROBERT C. BYRD. ranking member’s understanding of the partment does not have the authority circumstances and provision is correct. to rescind funds from the Emergency U.S. GENERAL ACCOUNTING OFFICE, Mr. BYRD. Mr. President, I under- Steel Loan Guarantee Program. Washington, DC, January 15, 2004. stand and respect the very tough deci- Subject: Proposed Rescission by Department Mr. President, it is clear. The Com- of Commerce of Unobligated Emergency sions the chairman and ranking mem- merce Department has no legal author- ber of the subcommittee had to make Steel Guarantee Loan Program Appro- ity to rescind these funds and should priation in order to meet their allocation, but keep its hands off of the money in the now, I understand that the U.S. Com- Hon. ROBERT C. BYRD, Emergency Steel Loan Guarantee Pro- Ranking Minority Member, Committee on Ap- merce Department intends to use that gram. propriations, U.S. Senate. provision to rescind $17.7 million for Mr. BYRD. Absolutely. Mr. Presi- DEAR SENATOR BYRD: This responds to your the Emergency Steel Loan Guarantee dent, I ask unanimous consent that my request of December 22, 2003, for our opinion Program even though they do not have letter to the Comptroller General, on the Department of Commerce’s (Depart- the legal authority to do so. David Walker, dated December 22, 2003, ment) plan to rescind $17.711 million of the Receiving reports that, only a few unobligated balance of amounts appropriated and the GAO legal opinion dated Janu- for the Emergency Steel Guarantee Loan weeks ago, the U.S. Commerce Depart- ary 15, 2004, be printed in the RECORD. ment was pursuing this particular re- Program (Program). The Department has in- There being no objection, the mate- dicated that it would draw on the unobli- scission, I wrote to the Comptroller rial was ordered to be printed in the gated balance of the Program’s appropria- General of the United States, who RECORD, as follows: tion to help satisfy a $100 million rescission heads the General Accounting Office U.S. SENATE, that would be required by H.R. 2673, the bill and issues decisions in the area of Fed- COMMITTEE ON APPROPRIATIONS, making omnibus appropriations for fiscal eral appropriations law. I wrote to the Washington, DC, December 22, 2003. year 2004, if enacted. You asked whether the Comptroller General, David Walker, on Hon. DAVID M. WALKER, unobligated balance of the Program’s appro- December 22, 2003. I inquired as to Comptroller General, U.S. General Accounting priation is available to the Department for whether the Commerce Department Office, Washington, DC. that purpose. For the reasons provided below, we conclude that the Program’s ap- would have the legal authority to re- DEAR MR. WALKER: With this letter, I am seeking the view of the U.S. General Ac- propriation is not available to the Depart- scind funds from the Emergency Steel ment for purposes of the $100 million rescis- Loan Guarantee Program under the counting Office on an issue related to the im- plementation of H.R. 2673, a bill making om- sion. terms of H.R. 2673, the fiscal year 2004 nibus appropriations for FY 2004. Section 215 BACKGROUND omnibus appropriations bill. On Janu- of Division B—Departments of Commerce, In the findings section of the Emergency ary 15, 2004, I received a definitive re- Justice and State of the bill, would direct Steel Loan Guarantee Act of 1999 (Steel Act), sponse from the General Counsel of the the Department of Commerce to rescind Congress noted the loss of jobs and company GAO, which states that the U.S. Com- $100,000,000 of unobligated balances available bankruptcies in the steel industry as a con- merce Department is without legal au- to the Department of Commerce. In anticipa- sequence of increases in steel imports. Emer- thority to rescind the balance of unob- tion of enactment of H.R. 2673, the Depart- gency Steel Loan Guarantee Act of 1999, Pub. ligated funds from the Emergency ment is preparing to rescind $17,711,000 from L. No. 106–51, 101(b), 113 Stat. 252 (1999). Con- unobligated balances from the Emergency gress found that ‘‘a strong steel industry is Steel Loan Guarantee Program. The Steel Loan Guarantee Program authorized necessary to the adequate defense prepared- GAO stated that the unobligated funds by Public Law 106–51. ness of the United States’’ and that industry for the steel loan program, by law, are Public Law 106–51 (Section 101) established problems were causing a decline in the will- available only to the Board of the the Emergency Steel Loan Guarantee Board ingness of private institutions to loan money Emergency Steel Loan Guarantee Pro- for purposes of administering a loan guar- to U.S. steel companies. Id. Congress passed gram, and those funds are not available antee program. The Board is made up of the Steel Act, which established the Emer- to the Commerce Department. three members, the Chairman of the Board of gency Steel Loan Guarantee Program, in The exact words of the legal opinion Governors of the Federal Reserve System, order ‘‘to provide loan guarantee to qualified who serves as Chairman of the Emergency steel companies.’’ Id. § 101(d). that I have received from the GAO are Steel Loan Guarantee Board, the Secretary To administer the program, the Steel Act as follows: of Commerce and the Chairman of the Secu- created a three-member Loan Guarantee The Secretary of Commerce may not le- rities and Exchange Commission. Section Board comprised of the Secretary of Com- gally rescind $17.711 million as planned from 101(f)(5) of the Act appropriated $140,000,000 merce, the Chairman of the Securities and the unobligated balance of appropriated for the costs of the loans guaranteed by the Exchange Commission, and the Chairman of funds in the Emergency Steel Guarantee Board. In addition, the Act (Section 101(j)) the Board of Governors of the Federal Re- Loan Program to satisfy the rescission man- appropriated $5,000,000 to the Department of serve System. Pub. L. No. 106–51, § 101(d), (e).

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S145 To fund the costs of the loan guarantees, the statute, we necessarily look to the par- Act intended the Department to perform Steel Act appropriated $140 million. Id ticular statutory language at issue, as well ministerial administrative tasks, such as re- § 101(f)(5) (‘‘For the additional cost of the as the language and design of the statute as cording obligations as a bookkeeper, and loans guaranteed under this subsection, in- a whole.’’). See also B–286661, Jan. 19, 2001. provided a specific appropriation to cover cluded the costs of modifying the loans . . ., When the 1999 Steel Act created the Pro- these expenses, whereas it intended the there is appropriated $140,000,000 to remain gram, it specified that the Program was ‘‘to Board to perform decision-making ‘‘adminis- available until expended.’’) Also, the Steel be administered by the Board.’’ Pub. L. No. trative’’ tasks, such as incurring obligations. Act provided the Department of Commerce 106–51, § 101(d). The Steel Act gave the Board The Department’s Treasury’s and OMB’s his- with an administrative support role and ap- decision-making powers to ‘‘approve or deny torical treatment of the Program’s appro- propriated $5 million to the Department for each application for a guarantee.’’ Id. § 101(e). priation that the Department finds relevant that purpose. Id. § 101(j) (‘‘For necessary ex- At the same time, the Steel Act provided an is consistent with the Department’s adminis- penses to administer the Program, $5,000,000 appropriation to finance the costs of these trative support role. is appropriated to the Department of Com- guarantees; it said that ‘‘there is appro- Furthermore, the words Congress selected merce, to remain available until expended. priated $140,000,000 to remain available until in sections 101(f) and 101(j), especially when . . .’’) expended.’’ Id. § 101(f)(5). viewed in the context of the Steel Act, sup- The Commerce Department’s fiscal year Congress finances federal programs and ac- port the conclusion that Congress made the 2004 appropriation, currently before the Sen- tivities by providing ‘‘budget authority.’’ $140 million appropriation available to the ate, would include a rescission of $100 mil- Budget authority is a general term referring Board and not to the Department of Com- lion. Departments of Commerce, Justice, and to various forms of authority provided by merce. In appropriating money for adminis- State, the Judiciary, and Related Agencies law to enter into financial obligations that trative support, Congress expressly appro- Appropriations Act, 2004, H.R. 2673, 108th will result in immediate or future outlays of priated the money to the Department: Cong., Div. B, § 215 (2003) (hereinafter Omni- government funds. See § 3(2) of the Congres- ‘‘$5,000,00 is appropriated to the Department of bus Bill) (‘‘Of the unobligated balances avail- sional Budget and Impoundment Control Act Commerce, to remain available until ex- able to the Department of Commerce from of 1974, 2 U.S.C. § 622(2) and note, as amended pended.’’ Id. at 101(j) (emphasis added). Had prior year appropriations with the exception by the Omnibus Budget Reconciliation Act the Congress intended the Program’s $140 of funds provided for coral reef activities, of 1990, Pub. L. No. 101–508, §§ 13201(b) and million appropriation, enacted in the same fisheries enforcement, the Ocean Health Ini- 13211(a), 104 Stat. 1388, 1388–614, and 1388–620 Steel Act, to be available to the Department tiative, land acquisition, and lab construc- (Nov. 5, 1990). An appropriation, such as the as well, we would have expected the Congress tion, $100,000,000 are rescinded.’’). Subject to $140 million one enacted for the Program, is to use the same phrasing as it did in enact- the limitation that the rescission come from one form of budget authority. Within the ing the $5 million appropriation. The fact context of the 1999 Steel Act, only the Board ‘‘unobligated balances available to the De- that the Congress chose not to use that has authority to incur an obligation against partment of Commerce from prior year ap- phrasing for the $140 million appropriation, the $140 million appropriation by commit- propriations,’’ the law would give the Sec- especially when the Congress clearly said ting the federal government to a loan guar- retary discretion to identify the sources of that the Program funded by that appropria- antee. It is the Board who can approve appli- the rescission. Id. (‘‘Provided, That within 30 tion was to be administered by the Board, cations for loan guarantees, and it is the days after the date of enactment of this sec- believes the Department’s assertion. Board’s approval of an application that fi- tion the Secretary of Commerce shall submit The Department makes three other argu- nancially obligates the United States. For to the Committees on Appropriations of the ments. First, the Department points out that this reason, we view the $140 million appro- in Division B, Title II of the omnibus bill, House of Representatives and the Senate a priation as available to the Board, not to the section 211 would provide extra funding for report specifying the amount of each rescis- Department. While the Secretary of Com- administrative support. Omnibus Bill, Div. sion made pursuant to this section.’’). merce, as a Board member, has a vote in B, § 211, Section 211 would authorize the Sec- DISCUSSION whether to approve an application for a loan retary of Commerce to use $2 million of the At issue here is whether unobligated Pro- guarantee whose costs are charged to the unobligated balance of the $140 million ap- gram funds are ‘‘unobligated balances avail- $140 million appropriation, the Secretary, by propriation to supplement the $5 million pre- able to the Department of Commerce’’ for re- himself, cannot approve an application and viously appropriated for administrative sup- scission. The language of the $140 million ap- cannot incur an obligation against the ap- port. The Department argues that Congress propriation itself does not identify to whom propriation. would not have made that money available the appropriation was made, only the pur- The Department asserts that the $140 mil- to the Department had Congress not viewed pose of the appropriation. The Steel Act lion is a Commerce Department appropria- the $140 million as a Commerce Department states, ‘‘there is appropriated $140 million’’ tion because the Steel Act appropriated $5 appropriation. The Department offered no for the costs of the loan guarantees that the million to the Department to cover the costs support for its argument, and we found no Board approves. The issue for us is one of of administrative support to the Program. support for its argument in our review. As statutory construction: Is the Program’s $140 Specifically, the Steel Act appropriated $5 we explain in this letter, all indications are million appropriation available to the Board million to the Department ‘‘for necessary ex- that the $140 million is not available to the or to the Department? In interpreting stat- penses to administer the Program.’’ Id. Department. In fact, regardless, of whether utes, the Federal courts have developed a § 101(j). The Department notes that histori- the appropriation is available to the Depart- number of well-recognized conventions, cally Commerce, Treasury, and OMB have al- ment, Congress still would need to act to which are also known as canons of statutory ways treated the $140 million as a Commerce make any amounts available for administra- construction. One important canon is that appropriation. The Department performs all tive support. The $140 million appropriation, words should be considered in the context of of the Board’s bookkeeping and provides as enacted, is available only for the costs of the entire statute. See United States v. other administrative support. The Depart- the loan guarantees and not for administra- Cleveland Indians Baseball Co., 532 U.S. 200, ment carries the Board’s staff on the Depart- tive support. There is another appropriation, 217 (2001); United States Ass’n of Texas v. ment’s payroll. Treasury, the Department the $5 million appropriation, that was en- Timbers of Inwood Forest Assocs., 484 U.S. says, has assigned the Program’s appropria- acted specifically for administrative support. 365, 371 (1988). We apply that canon of statu- tion a Commerce Department account sym- Second, the Department notes that last tory construction in this case. bol, and OMB reports the Program’s activity year, Congress enacted a rescission in the The provisions in a statute should not be as part of the Department’s budget. fiscal year 2003 omnibus appropriations act viewed in isolation but in the context of the We agree that the Department has an ad- of the unobligated balance of the appropria- entire statute. In 2001 in United States v. ministrative role with regard to the Pro- tion for the Emergency Oil and Gas Guaran- Cleveland Indians Baseball Co., the Supreme gram’s appropriation; however, the Depart- teed Loan Program. This program was cre- Court stated that ‘‘it is, of course, true that ment’s argument is not persuasive when con- ated at the same time, in the same public statutory construction ‘is a holistic endeav- sidered in the context of the Steel Act. The law, for similar purposes, and in a similar or’ and that the meaning of a provision is Department fails to recognize that while the manner as the Steel Program. When the Oil ‘clarified by the remainder of the statutory Steel Act appropriated funds to the Depart- and Gas Guaranteed Loan Program expired scheme.’ ’’ 532 U.S. 200, 217. See also 2A Suth- ment ‘‘for necessary expenses to administer last year, Congress rescinded the remaining erland, Statutes and Statutory Construction the Program,’’ the word ‘‘administer,’’ when $920,000 unobligated balance in that program. § 46:05, at 154 (6th ed. 2000) (‘‘A statute is viewed in the context of the entire Steel Act, Departments of Commerce, Justice, and passed as a whole and not in parts or sec- has a particular and very different meaning State, the Judiciary, and Related Agencies tions and is animated by one general purpose than its use earlier in the Steel Act when the Appropriations Act, 2003, Pub. L. No. 108–7, and intent. Consequently, each part or sec- Steel Act specifies that the Program ‘‘is to Div. B, 117 Stat. 11, 106 (2003) (‘‘Of the unobli- tion should be construed in connection with be administered by the Board.’’ In this re- gated balances available [in the Emergency every other part or section so as to produce gard, the Steel Act captioned the § 5 million Oil and Gas Guaranteed Loan Program ac- a harmonious whole.’’). In our case law, we appropriation, ‘‘Salaries and Administrative count] from prior year appropriations, apply this canon of construction with equal Expenses.’’ When contrasted with the very $920,000 are rescinded.’’). The Department in- vigor. See, e.g., Matter of Jacobs COGEMA, clear decision-making authority provided terpreted the 2003 rescission language as a LLC, B–290125.2, B–290125.3, at 8, Dec. 18, 2002 the Board to approve loan guarantee applica- direction to Commerce to rescind the money. (‘‘In ascertaining the plain meaning of the tions, it seems equally clear that the Steel The Department argues that the section 215

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S146 CONGRESSIONAL RECORD — SENATE January 22, 2004 rescission in the Omnibus Bill is like the oil culture Appropriations Subcommittee, SMALL ENGINES PROVISION and gas rescission. In our view, the fact that that some of the increased funding pro- Mrs. FEINSTEIN. Mr. President, in both instances it is the Department’s re- vided for this important organic pro- some of my constituents are asking sponsibility to take appropriate action to ac- gram at USDA be used to more fully questions about the meaning of the complish the rescissions does not mean that the appropriations are available to the De- comply with some of the requirements small engines provision included in the partment. Rather, the Department’s respon- of the Organic Foods Production Act of fiscal year 2004 omnibus appropriations sibility is based on its statutory role to pro- 1990, the authorizing statute for this conference report. They raise the ques- vide administrative support, such as book- program. Consistent with the Senate tion about whether subsection (c) ap- keeping. also, we note that Congress explic- report on this matter, part of this plies only to ‘‘new’’ and ‘‘nonroad’’ itly rescinded the oil and gas unobligated funding should be used to hire an Exec- spark-ignition engines smaller than 50 balance. That is not the case before us here. utive Director for the National Organic horsepower. That was my under- Lastly, the Department finds support in Standards Board, NOSB, to create an standing. I ask my colleague from Mis- the fact that section 215 in the Omnibus Bill specifically exempts from the $100 million re- ongoing peer review panel to oversee souri, Senator BOND, one of the authors scission ‘‘funds provided for coral reef activi- the USDA accreditation process for or- of this provision, whether that was his ties, fisheries enforcement, the Ocean Health ganic certifiers, and to improve sci- intent? Initiative, land acquisition, and lab con- entific technical support for the NOSB. Mr. BOND. I say to my colleague struction,’’ but does not exempt the Pro- I would ask my colleague from from California, Senator FEINSTEIN, gram’s appropriation. Omnibus Bill, Div. B, Vermont, the ranking member of the that I intended this provision to apply § 215. Commerce asserts that this implies Agriculture Subcommittee on Re- only to the adoption or enforcement of that the Program’s noninclusion in this list search, Nutrition, and General Legisla- standards or other requirements relat- means that the Program’s funds are not ex- ing to ‘‘new’’ engines, not existing en- empt from, and thus subject to, the rescis- tion if he concurs with my comments sion. We are not persuaded. The $140 million on this matter? gines or ‘‘in-use’’ engines. Also, I have is not listed in the bill because it is not a Mr. LEAHY. As one who has worked heard from other colleagues and stake- Commerce appropriation, as are funds pro- a great deal in this area, I say to my holders regarding their desire to ad- vided for coral reef activities, fisheries en- friend from Wisconsin that I do agree dress in-use engines. I did not intend forcement, the Ocean Health Initiative, land with his comments and concerns on that this new language to apply to vol- acquisition, and lab construction. this matter, and believe his remarks untary State programs aimed at reduc- CONCLUSION are in keeping with the Senate report ing emissions from existing engines Accordingly, we conclude that the unobli- language on this matter, as well as the such as the Texas Emission Reduction gated balance of the $140 million appropria- final conference agreement. Plan. tion from the 1999 Steel Act is not ‘‘available Mrs. FEINSTEIN. I thank my col- Mr. KOHL. I thank the Senator from to the Department of Commerce’’ and thus league, and ask whether he intended Vermont. would not be subject to the section 215 re- the language to apply only to scission. Thus, the Secretary of Commerce In addition, as specified in the Eco- ‘‘nonroad’’ engines? may not legally rescind $17.711 million as nomic Research Service section of the planned from the unobligated balance of ap- Mr. BOND. Yes, I believe the entire House report, $500,000 is provided for provision, including subsection (c), propriated funds in the Emergency Steel the analysis and compilation of data Guarantee Loan Program to satisfy the re- should apply to adoption or enforce- scission mandate in the fiscal year 2004 om- related to organic production, mar- ment of standards or other require- nibus appropriations bill. keting and trade. The Senate report ments relating only to nonroad en- If you have any questions, please contact further elaborates on this matter with- gines. Susan A. Poling, Associate General Counsel, in the Agricultural Marketing Service Mrs. FEINSTEIN. I thank my col- at 202–512–5644. section, and ‘‘encourages AMS to work league. I ask him also about his intent Sincerely yours, with ERS, NASS and RMA on the col- ANTHONY H. GAMBOA, of the provision to apply only to non- lection of segregated data on the pro- diesel engines. General Counsel. duction and marketing of organic agri- ORGANIC AGRICULTURE Mr. BOND. Yes, I believe the entire cultural production and marketing, as provision, including subsection (c), Mr. KOHL. Mr. President, I am very directed in the 2002 Farm Bill. Specifi- pleased that the conference agreement should apply to adoption or enforce- cally, data should be collected on ment of standards or other require- with regard to the fiscal year 2004 Agri- prices, yields, acreage and production culture Appropriations bill includes ments relating only to nondiesel en- costs in the organic sector.’’ gines. I used the term spark-ignition to funding for important programs ad- It is critically important that all dressing organic agriculture. However, have that meaning. USDA collection data agencies coordi- Mrs. FEINSTEIN. I thank my col- many of the important details regard- nate in the effective use of these funds league again. I ask him also about his ing Congress’ intent for the adminis- to meet the requirements of the Or- intent of the provision to apply only to tration of USDA organic programs ganic Production and Market Data Ini- engines smaller than 50 horsepower. were enumerated in the House and Sen- tiative—Section 7407—of the Food Se- Mr. BOND. Yes, I believe the entire ate reports, without reiteration by the curity and Rural Investment Act of provision should apply only to engines statement of managers. 2002. However, I would like to add that smaller than 50 horsepower and not en- As stated in the preface of the state- it is my intention that the Senate re- gines larger than 50 horsepower. So, in ment of managers: port language be used to provide guid- summary, the intent of this provision [T]he House and Senate report language ance to USDA in the use of the $500,000 is to apply to adoption or enforcement that is not changed by the conference is ap- provided under the Economic Research proved by the committee of conference. The of standards or other requirements re- statement of the managers, while repeating Service account in the House report, lating to the control of emissions from some report language for emphasis, does not and that ERS be the lead agency in co- new nonroad spark-ignition engines intend to negate the language referred to ordinating this effort. smaller than 50 horsepower. above unless expressly provided herein. Again, I would ask my friend from Mrs. FEINSTEIN. I thank my col- Therefore, in keeping with this gen- Vermont, if he would concur with my league for clarifying the intent of this eral rule, it seems appropriate to en- comments regarding the organic data provision here today. gage in a colloquy to assure that there collection provisions of the AMS and CALIFORNIA WILDFIRES is no confusion regarding congressional ERS accounts of the Agriculture por- Mrs. FEINSTEIN. Mr. President, I intent on the important USDA pro- tion of this omnibus appropriations briefly engage the distinguished major- grams affecting organic agriculture. bill? ity leader in a colloquy about an issue First, as stated in the Senate report, Mr. LEAHY. I do concur with the of great importance to me State. I am $1.5 million is provided for the National Senator from Wisconsin on his com- pleased that the legislation before us Organic Program, within the Agricul- ments and concerns about the organic provides $225 million in badly needed tural Marketing Service account. data collection and analysis provisions assistance to help the State of Cali- I would like to reiterate that it is my in the Agriculture portion of this om- fornia recover from last autumn’s dev- intent, as ranking member of the Agri- nibus appropriations bill. astating wildfires and to prevent a

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S147 similar tragedy in the future. Of this RURAL ECONOMIC DEVELOPMENT GRANT AND unwavering commitment to the goal of total made available, $25 million is pro- LOAN PROGRAM a polio-free world. vided to compensate California’s farm- Mr. HARKIN. Mr. President, I am It is my further understanding that ers who suffered losses in the fires. very concerned that the Department of the House report recommended not less The package of aid that I drafted Agriculture has not been allocating than $25 million for USAID’s global contained language that would have funds built up in the account for the polio eradication activities in FY 2004. deemed losses suffered in those fires to Rural Economic Development Grant This is similar to last year, and the be the result of a natural disaster, and Loan Program called the ‘‘cushion final disposition was $27.5 million for raised the cap on payments for those of credit.’’ Rather than providing these polio eradication in FY 2003. My ques- losses under the Tree Assistance Pro- funds to local rural electric coopera- tion to my friend from Vermont is how gram to $200,000, and would have pro- tives and telephone cooperatives where much does he expect USAID to allocate vided upfront payments under that pro- they can be used to create jobs and im- for these activities in FY 2004? Mr. LEAHY. I want to recognize the gram instead of reimbursements for re- prove the economy of rural America, a Senator from Iowa for his leadership on placement costs. considerable sum has been built up. There has never been as large a sum this issue. He has been a champion of It it my understanding that a portion polio eradication and his efforts have of the language was inadvertently left unspent as we have seen over the past year. USDA needs to put this money to paid off in the continuing U.S. support out of the final conference agreement for the global polio eradication effort. that I had discussed with the majority work as the law intends. Mr. KOHL. The Senator from Iowa is As my friend has said, for FY 2004, like leader and his staff. Is that the major- correct. These are not appropriated in prior years, the House and Senate ity leader’s understanding? funds, but money that has been paid to Foreign Operations subcommittees rec- Mr. FRIST. The Senator is correct. the Rural Utility Service by local REC ommended $30 million and not less As I am sure the Senator from Cali- and telephone cooperatives when they than $25 million, respectively. It is my fornia can appreciate, Senators and retire debt at an early stage. And, expectation that USAID will provide their staff were working under severe there has always been a presumption $27.5 million in FY 2004. This is no time time constraints to finalize the con- that the money would be made avail- to reduce our support for this effort as ference report. In this difficult envi- able on a timely basis for qualified pro- we approach the finish line. ronment, the language the Senator re- posals for economic development. The These funds will allow for acceler- fers to was not included in the final department should allocate these funds ated polio eradication activities, im- legislation. It is my understanding to qualified applications as quickly as proved surveillance for polio and other that under the extreme time con- possible. diseases, and support for cease-fires in straints imposed on staff to file the Mr. BENNETT. I agree with the Sen- conflict zones for National Immuniza- legislation and the lateness of the hour ator from Iowa and my ranking mem- tion Days. The United States is the when this issue was brought to the con- ber. There is a long history of the largest international donor for the ference, staff were unable to include Rural Economic Development Grant Polio Eradication Initiative, and the the language. and Loan Program being a very effec- success of this program should be a Mrs. FEINSTEIN. I thank the major- tive tool to provide capital for many source of pride for all Americans. Mr. HARKIN. I thank my friend from ity leader for that clarification. Those worthy job creating projects. I concur Vermont for this clarification and for elements of the relief package are cru- that the Department should release the his and the Appropriations Commit- cial to the recovery of agricultural pro- funds sitting in the cushion of credit tee’s efforts to reach the goal of a ducers in my state. Some of the dis- account to qualified applications as aster programs administered by the polio-free world. quickly as possible. Mrs. FEINSTEIN. Mr. President, I Department of Agriculture do not pro- POLIO ERADICATION vide relief for losses due to arson. How- rise in favor of the FY04 Omnibus Ap- Mr. HARKIN. Mr. President, I rise propriations Conference Report, de- ever, it is clear to me that the wildfires today to thank the ranking member of in California were a natural disaster. spite major concerns I have with how the Foreign Operations Subcommittee, this bill was put together and with a Those losses would not have been in- my distinguished colleague from curred, if not the drought conditions in number of items in the bill. Vermont, Senator LEAHY, for his sup- Nevertheless, we are faced with an up high Santa Ana wind conditions. Addi- port of the ongoing efforts to eradicate or down vote. On balance, I believe tionally, as many of the losses were of polio by 2005, and especially thank him that the bill is a net positive and I will high value specialty crops, an in- for working to include language recom- support it. creased payment cap is needed for ade- mending $30 million in the Senate re- The best you can say about this bill quate recovery effort. port accompanying the FY 2004 Foreign is that it is a mixed bag. There are I would ask that the majority leader Operations Appropriations bill. items in the bill that are good for Cali- work with me to ensure that the ad- The international effort to eradicate fornia and the Nation, but there are a ministration address the intent of my polio has made tremendous progress. number of harmful legislative provi- omitted language, so that USDA can Since the global initiative began in sions attached to the bill and on a administer the relief as intended and 1988, more than 3 million children in number of issues the administration the effected producers can recover the developing world, who would other- was allowed by the majority to over- their losses. wise have become paralyzed with polio, ride the will of the Senate. Mr. FRIST. I commend the Senator are walking because they have been For example, among the harmful pro- for her dedication and diligence on this immunized. The number of polio cases visions that I hope we can reverse is issue. I will work with her to support has fallen from an estimated 350,000 in language which requires next-day de- the intent of her omitted language for 1988 to approximately 1,500 cases in struction of background check records the $12.5 million funding provided in 2002. The target date for the last case of sales where a gun buyer successfully the legislation for the tree assistance of polio is 2005. When the world is cer- clears a Brady background check and is program. I will discuss this issue with tified polio free, immunizations can permitted to purchase a firearm. I also officials at USDA and it is my hope cease and the U.S. will save $350 mil- look forward to the Senate taking ac- that the issues she has raised can be lion annually while the world will save tion to prevent implementation of the addressed by administrative action at least $1.5 billion. administration’s proposed rules on once the regulations are issued imple- The major partners in the global overtime compensation. menting this section of the legislation. polio eradication effort have joined Before I talk further about the bill, I However, if this is not possible due to with national governments around the want to talk about the serious and statutory law, I commit to work with world in an unprecedented demonstra- wholly avoidable problems associated her to enact legislation that will ad- tion of commitment to this historic with the process by which we reached a dress this unique problem of disaster public health goal. As the initiative final agreement on this package. assistance for producers of high value runs its course, total victory can only The ranking member of the Appro- specialty orchards. be guaranteed through continued and priations Committee and others are

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S148 CONGRESSIONAL RECORD — SENATE January 22, 2004 correct in highlighting those issues. If workers. The administration’s policies en- spending bill passed last year, which for no other reason then that we should courage unfair treatment of dedicated public provided $109 million to improve the avoid them in the future. servants, many of whom are being forced compatibility of first responders’ com- into early retirement or the prospect of re- Senator BYRD is correct when he says munications systems. duced benefits and lower pay. that adopting this conference report or Half of this funding would go to po- facing a year long continuing resolu- At this point, the only choice we lice departments and half would go to tion at FY03 levels are not the only have is between this omnibus, which fire and emergency departments. paths out of this impasse. funds the Departments of Agriculture, And in the Omnibus Appropriations If the majority leadership in the Sen- Commerce, Justice, State, Labor, bill there is $85 million in additional ate and the House had chosen, we could Health and Human Services, Veterans COPS grants for interoperable commu- have worked out the serious concerns Affairs, Education, Housing and Urban nications for police. that Senators of both parties have with Development, Transportation, and There are about 2.5 million public this legislation. We all knew that there Treasury. safety first responders who operate in are only a handful of major issues. Under a year long continuing resolu- the United States today, stationed in However, the majority did not show tion, these departments would be fund- some 18,000 law enforcement agencies, any willingness to address overtime ed at last year’s levels. And as a result, 26,000 fire departments and 6,000 rescue pay, country of origin labeling for major programs which benefit millions departments. meat products, media ownership rules, would be severely underfunded, and When I speak to representatives of or outsourcing of Federal jobs. many needed projects, including hun- these departments, they tell me that dreds in California, would receive no Senator BYRD also eloquently laid obtaining compatible communications out in his letter to the majority leader funding. systems is their No. 1 homeland secu- Indeed, there are a number of items the instances in which the administra- rity priority. in the bill of particular importance to tion, at the eleventh hour, was per- The need is certainly there. The re- me and to California that I would like mitted by the majority to prevail over cent Council on Foreign Relations to highlight: $225 million for California the will of the Congress. I would like to Independent Task Force on Emergency wildfire relief and prevention; $85 mil- quote what he wrote: Responders report on homeland secu- lion for COPS grants for interoperable rity funding—entitled ‘‘Drastically Un- Several very controversial legislative rid- communications; A 5-year Pilot Pro- ers were added at the last minute by the derfunded, Dangerously Unprepared’’— Bush White House. Disappointingly, the Re- gram for school choice in Washington, determined that the minimum inter- publican Congressional Leadership, at the in- DC; Increased NIH Funding; and Fund- operable communications need over sistence of the White House, capitulated to ing for Election Reform. the next five fiscal years is $6.8 billion. If the Omnibus were not to pass, then changes that were not even contemplated As America continues to confront the when the bills were before the House of Rep- none of these programs would receive threat of terrorism, it will be increas- resentatives and the Senate. necessary funding. ingly important to give our law en- Overriding the will of the Senate, the bi- As we all know, California suffered forcement, fire and emergency per- partisan overtime regulation prohibition, devastating wildfires last fall. These sonnel the tools they need to respond which passed the Senate by a vote of 54–45, fires consumed a total of 738,158 acres, was dropped. The resulting Bush administra- to a possible terrorist attack effec- killed 23 people, and destroyed approxi- tion plan would eliminate overtime pay pro- tively and safely. mately 3,626 residences and 1,184 other tections for as many as 8 million American This will allow fire, police and emer- workers who currently are eligible for over- structures. And this is just the tip of the iceberg. gency medical services personnel to time pay. These hard-earned overtime dol- better communicate in times of crisis lars often make the difference between work- In California, 8.5 million acres of Fed- ers providing a better life for their families eral land are at the highest risk of cat- and will ultimately help save lives. I am also pleased that the Omnibus or just making ends meet. astrophic fire, so it is critical that we Appropriations bill contains the $40 Overriding the will of the Senate and at protect our forests and nearby commu- the behest of the cattle and food marketing million DC School Choice plan to pro- nities and avert a similar catastrophe industries, the Bush administration actively vide educational scholarships for 2,000 and officially supported language in the om- in the future. That is why I am so pleased that Con- low-income students in troubled public nibus conference that would delay imple- schools in Washington, DC. gressman JERRY LEWIS and I were able mentation of mandatory country-of-origin Washington, DC, has the third high- labeling of meat and meat products. Despite to secure $225 million in emergency the potential danger to American consumers funding. est per pupil spending in the Nation— of any delay, the country-of-origin labeling This funding will help prevent $10,852 a year goes to the education of for meat and meat products, enacted as part mudslides, provide relief for farmers each child. Yet, it has 15 failing schools of the 2002 Farm Bill and scheduled to take whose crops were burned, and elimi- and some of the lowest test scores in effect this fiscal year, would be delayed by nate a million trees killed by the bark the country. two years. Before supporting Mayor Anthony Overriding the will of the House and the beetles. This funding is critical to helping Williams request for this 5 year pilot Senate, the one-year limitation on the FCC program, I thoroughly scrutinized the media ownership rule was turned into a per- prevent future fires. manent cap at 39 percent. The practical ef- As we saw in November, trees killed legislative language as it related to the fect of changes demanded by the White by the bark beetle become kindling in constitutional safeguards, the criteria, House is to protect Rupert Murdoch’s Fox a serious fire, and put homes and lives the monitoring—and I believe the pro- television network and CBS-Viacom from at risk. gram which was ultimately agreed to is having to comply with the lower 35 percent Removing them is a necessary first balanced, fair, and constitutionally ownership caps that conferees had included step toward preventing fires like the sound. in the original conference report. The White ones we experienced from happening To develop the best program we could House is boosting special corporate interests and one that would stand a constitu- at the expense of the people’s interest for again. balanced news and information. The bill also includes $85 million in tional test, we made certain that the Overriding the will of the House and Sen- grants to help first responders better bill contained language that closely ate conferees, and again at the Bush admin- communicate with each other in times follows the Supreme Court decision in istration’s insistence, 400,000 Federal work- of crisis. Zelman v. Simmons-Harris to help for- ers will lose job protections. During negotia- In all too many jurisdictions, police, tify it against legal challenges. tions, Congressional Democrats and Repub- fire and emergency medical service We helped ensure that the District licans agreed to provide basic protections for personnel can’t communicate with would have a fair method of acceptance federal employees whose jobs have been tar- each other over the radio when an for students using vouchers in private geted by the Bush White House for privatiza- and parochial schools and that there tion. Because of White House intransigence, emergency occurs. This means slower those basic protections were dropped. What response times, less coordination be- would be full accountability and suffi- remains provides so many loopholes for the tween agencies and lives lost. cient oversight by Mayor Williams. Bush administration to privatize Federal To help remedy this problem, I spon- We made sure that the scholarship jobs that little protection is provided for sored an amendment to the emergency students would be given the same test

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S149 that their peers in public schools re- quires next-day destruction of back- Furthermore, polls show that 80–90 ceive and that their test scores would ground check records of sales where a percent of Americans want their food be evaluated by an unbiased re- gun buyer successfully clears a Brady to be labeled. In my home State of searcher. background check and is permitted to California, we have the ‘‘California No money is taken from the public purchase a firearm. Grown’’ program that promotes aware- schools. As a matter of fact, $13 million Currently, records of criminal back- ness, consumption and value of Cali- in new money is provided to public ground checks are retained for up to 90 fornia agricultural products, helping schools and $13 million in new funds is days in order to allow the Department the State’s consumers enjoy the best of added for public charter schools. of Justice to effectively identify, pre- the California harvest. As a result of this program, some vent, or prosecute attempted or com- All Americans deserve what Califor- 2,000 students from failing schools will pleted illegal transactions. nians currently have: the opportunity have that opportunity for one of these The ability to retain a record of to know where their food comes from, scholarships over the next 5 years to go these transactions for up to 90 days al- and to choose American-grown prod- to the private school of their parents’ lows law enforcement to audit the sys- ucts should they wish. choice. tem to ensure its integrity and to cor- Last year the White House proposed This is a worthy trial. rect errors that may have occurred— redefining the job descriptions of mil- This bill also includes an $835 million for instance, when a gun buyer is able lions of workers and thus eliminate to purchase a weapon when he should increase in funding for the National In- their right to Federal overtime protec- have been prevented from getting it. stitutes of Health. tion. Left alone, these rules will go While this is less than the $1.5 billion If those records are destroyed in 24 hours, the ability to correct such mis- into effect this year. increase I sought on the Senate floor The proposal could wipe out overtime with Chairman SPECTER and ranking takes is gone. A July 2002 report by the General Ac- pay protections and increase work member HARKIN, the increase is essen- counting Office found that the 90-day hours for at least 8 million workers na- tial to furthering the advances made tionwide. This would result in huge pay by NIH particularly in the field of can- retention of records allowed the FBI to investigate more than 200 purchases cuts for many workers. cer research. In my State of California, State law Working together, Congress and two that were initially approved, but later found to have been sales to prohibited will protect most workers from the del- Presidents successfully completed a eterious effects of this rule change. Un- doubling of the NIH budget over the purchasers. The Department of Justice will also fortunately, public employees who are past 5 years. not covered by collective bargaining Although the fiscal year 2004 budget lose the ability to adequately verify whether someone on the terrorist and some in the film industry could increase for NIH is smaller than I had lose overtime protection if the admin- hoped for, every dollar spent will yield watch list has attempted to purchase a firearm, because the records will no istration’s rule is implemented. And, health dividends for people. although most workers in California Because of the mapping of the human longer exist. According to the Washington Post, at will maintain their right to overtime genome and the advances in molecular least 12 and as many as 250 individuals through protections granted by State biology, it is now possible to develop on the terrorist watch list have at- law, the rule change represents a move- and target drugs to specific ailments tempted to buy firearms in recent ment in the wrong direction when it and therefore to break frontiers, to months. comes to enhancing worker protec- cross barriers and make uncharted The bill would also prohibit ATF— tions. progress. now BATFE—from finalizing a pro- For more than 65 years, we have The NIH is the gold standard for the posed rule to require licensed gun deal- maintained an appropriate balance be- discovery of these new, targeted cancer ers to conduct regular inventories of tween family life and work life by re- drugs such as Gleevec which is used to their firearms. quiring employers to pay certain work- treat patients with chronic myeloid The purpose of the rule is to promote ers time-and-a-half when they work leukemia. more timely reporting of missing and It is my hope that we can press on more than 40 hours in a single week. stolen firearms, in order to help ensure This requirement has protected the even further with the progress made in that firearms are not ending up in the the fiscal year 2005 so that NIH can 40-hour work week, which has been a wrong hands, as in the case of the rifle hallmark of our economy for more move closer to funding the optimal used in the DC-area sniper shootings percentage of grant applications it re- than six decades. last Fall. Our workers are more productive ceives. Without such a requirement, gun I am pleased that the Omnibus Ap- then ever; yet, these new overtime dealers engaged in illegal sales can eas- rules will penalize those individuals propriations Conference Report meets ily claim theft when their illegally- the Federal Government’s commit- who have literally built this Nation. sold guns turn up in crime. The men and women who will be ments under the Help America Vote That may be what happened to the most hurt by the rules will be the Act, HAVA, which reformed the way Bushmaster assault weapon used by hourly workers that maintain our elections are administered. John Muhammad in the DC-area sniper streets, ring up our groceries, and re- While the President requested only shootings. spond to our calls to 911. $500 million for HAVA implementation, Although Muhammad, a prohibited the conference report provides $1.5 bil- purchaser, acquired the weapon from a Given the still high unemployment lion for payments to States for the pur- licensed gun dealer in Takoma, WA, rate and the uncertainty still plaguing pose of meeting Federal election stand- many months earlier, the store re- our economy, this is not the time to be ards established in the act. ported the gun ‘‘stolen’’ only after in- making it harder for our hardest work- Following enactment of this legisla- vestigators arrested Muhammad, re- ers. tion, it is vital that these funds be covered the gun, ran a trace, and con- Rather, it is a time when we should quickly disbursed to the States and lo- tacted the store. be helping all workers achieve fairness calities so that they may implement This provision should never have in the workplace. changes to voting systems in time for been put in this bill, and I will work to As I laid out, there are serious defi- the 2004 Federal elections. reverse it. ciencies in both the substance of and As I said before, beyond process, I In addition, I have serious concerns process by which this conference report have a number of serious problems about the impact of delaying country- was completed. That said, I believe with the substance of the bill, and I of-origin labeling. that on balance the conference report will work over the next year to try to As we now know, mad cow disease en- is better for California and the Nation fix them. tered the United States via a cow born than the alternative and I will support One of the most egregious provisions, in Canada. Had we had labeling in it. buried in the bill at the behest of the place, we could have more quickly The PRESIDING OFFICER. The sen- gun lobby, is a provision which re- traced the cow back to Canada. ior Senator from Alaska.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S150 CONGRESSIONAL RECORD — SENATE January 22, 2004 Mr. STEVENS. Mr. President, it is The North Pacific Council voted fishery resources to fishing communities in my understanding that the last 10 min- unanimously—11 to 0—to recommend order to (A) provide for the sustained partici- utes before the 12 o’clock vote is re- this voluntary, what we call, three-pie pation of such communities, and (B) to the served for the leaders. cooperative that recognizes invest- extent practicable, minimize adverse eco- nomic impacts on such communities. The PRESIDING OFFICER. That is ments made by harvesters, processors, correct. and communities. It is a product of ex- That is section 301(A)(8) of the Mag- Mr. STEVENS. Mr. President, I have tensive analysis with numerous oppor- nuson-Stevens Act. not been on the Appropriations Com- tunities for public comment, hundreds The North Pacific Council’s crab plan mittee as long as Senator BYRD but I of hours of public testimony, and an is completely consistent with the goals have been there for many years and I open and transparent public debate by of the Magnuson-Stevens Act to pro- can state to the Senate that it is not the council. vide for the sustained participation of the first time the Senate has been The Alaska communities that are de- remote coastal communities in the faced with the prospect of voting for a pendent on the crab resource being Bering Sea in the crab fishery and min- conference report which had deleted processed in their plants all support imize adverse economic impacts on items that had been passed by both the the plan. The vast majority of opposi- these communities. House and the Senate. tion has come from a vocal minority I remind the Senate that half the I say, frankly, I have voted for the that want to receive a better deal and coastline of the United States is off my items that had been deleted. One of environmental groups that do not want State of Alaska. This council had an them was the overtime provision. One any form of rationalization and would enormous problem to deal with, and it was modified and that is the one con- like to lock up marine resources. The dealt with it unanimously. cerning ownership limitations under state of the Bering Sea crab fisheries is Next, the opponents argue that the the jurisdiction of the FCC of over-the- poor, and the crab plan developed crab plan is precedent setting and will air media. through this regional council process spread to other regional councils. This In each instance, the reason for our needs to be implemented now. is a fishery management plan for only yielding was the other provisions of the Opponents of the crab rationalization one fishery in the Bering Sea. In fact, bill. We had provisions the House is plan raise concerns about anticompeti- the provision of the bill specifically violently opposed to which many Mem- tive effects and potential antitrust vio- provides that ‘‘a council or the Sec- bers on both sides of the aisle thought lations. The crab plan is not exempt retary may not consider or establish were absolutely necessary for their from antitrust laws. It is not exempt any program to allocate or issue an in- constituencies or for the Nation. from antitrust laws. In fact, the provi- dividual processing quota or processor I bluntly state I believe the best sion specifically states the Secretary share in any fishery of the United thing we can do is get a bill that will may revoke any processor quota share States other than the crab fisheries of not be vetoed. We were looking at this held by a person found to have violated the Bering Sea and Aleutian Islands.’’ in December, hopefully trying to get it antitrust laws. The plan contemplates It would take another act of Congress passed. We are looking at it today, and no private, anticompetitive action, and to approve a similar plan. I fervently pray it will pass because I will be ‘‘actively supervised’’ by the This crab plan is not precedent set- know the harm being done to a lot of council and the State of Alaska. ting. It is an extension of the effi- people all over the country by these Despite the fact that the crab plan is ciencies and successes achieved under bills not having become law when they not exempt from antitrust laws and the American Fisheries Act, which we should have before October 1 of last will be reviewed by the council, which call the AFA. However, where the AFA year. can make changes as needed, and there has a closed class of processors that I will speak about one particular area will be a mandatory information col- can participate in the Bering Sea pol- that has been criticized substantially, lection and review process developed lock fishery, the crab plan provides for and that is the Bering Sea Aleutian Is- by the Secretary of Commerce and the an open class of processors and allows lands crab rationalization plan. Department of Justice to determine for new entrants in the processing sec- This plan, which was recommended whether any illegal or anticompetitive tor. to us by the regional council, was cre- acts have occurred, opponents still Opponents of the crab plan have ar- ated under the Magnuson-Stevens Act point to an opinion letter by the De- gued that processor quota share is not and accomplishes two primary objec- partment of Justice that theorizes needed to make the fishery safer or to tives of immediate concern: First, con- about ‘‘potential’’ anticompetitive provide for protections for the commu- servation and management of the crab abuses. Nowhere does the Department nities. My suggestion is these individ- resource; and, second, ending the dead- of Justice opinion letter state that in- uals who make those comments should ly and inefficient race for this fish. dividual processor quota shares violate visit the Pribilof Islands 800 miles west All of the press attention and misin- antitrust laws. of my home near Anchorage. The formation on processor quota share has The Department of Justice letter—it Pribilof Islands are located in the mid- effectively twisted a fishery manage- is an opinion letter—recommends that, dle of the Bering Sea. Or they should ment plan for one fishery in the Bering what we call, IPQs not be used because visit Dutch Harbor in the middle of Sea into a national debate on the re- they are economically inefficient. How- January when the crab fisheries are in gional council process and the U.S. ever, the Department of Justice admits full swing. They can come by my office fishery policy. it ‘‘did not consider factors outside the and see a picture of a crab fishing boat I remind my colleagues that the ra- purview of antitrust laws such as the in mid-January, with ice 5 or 6 inches tionale behind the Magnuson-Stevens social goal of protecting jobs in his- on the deck and on the rigging. Act was to allow the various regions to toric fishing villages or balancing the The middle of January is a terrible craft their own unique fishery manage- regulatory effects evenly among har- time, but that is the time when this ment plans to answer the conservation vesters and processors.’’ great crab resource must be harvested. and management goals of their local- This is where the Department of Jus- These communities are dependent on ities. The crab rationalization plan is tice letter and most opponents of the this crab resource and have made sub- no different in this regard. The North crab plan miss the point entirely. The stantial investments to process rapidly Pacific Council recognized all compo- Magnuson-Stevens Act requires the re- the product during the mad race for nents of the crab fishery as a balanced, gional councils to consider—and I fish in the current derby-style fishery. connected system, rather than com- quote again—‘‘protecting jobs in his- That means there was a very short pe- peting parts. The only difference with toric fishing villages.’’ This consider- riod of time in which the crab could be the crab plan is a procedural one. Con- ation required by law will always be harvested, and all the boats rushed in gress specifically directed the North economically inefficient. from everywhere trying to see if they Pacific Council to develop a plan that Pursuant to national standard 8 could catch a portion of that resource. balanced harvesters, processors, and under the Magnuson-Stevens Act: These communities have become de- communities. Now Congress must im- Conservation and management measures pendent upon the crab resource cross- plement the council’s proposal. shall take into account the importance of ing their docks.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S151 Now, the crab fishery is a unique one crab must be caught, they regulate the ments. It also clarifies that the Sec- in that there is a very high dollar value catching of the crab and let the fisher- retary may approve and implement ad- for a small amount of resource that men decide when it is safe to fish. ditional trailing amendments approved can be processed quickly. If the crab Lives will be saved if we approve this by the North Pacific Council. The Sec- plan only provided for harvester-only plan. retary must implement all parts of the quota share, it would ultimately result Conditions are even more extreme crab rationalization program that were in a de facto processing quota for the during the winter crab fishery in the reported to Congress between June 2002 exclusive group of boat owners that Bering Sea when it is almost always and April 2003, and all trailing amend- control the harvesting rights to the re- dark, extremely cold, and the seas send ments including those reported on May source. freezing ocean spray that ice down the 6, 2003, no later than January 1, 2005. Currently, in the Bering Sea crab crab vessels. I have a picture of that in Any further amendments approved by fishery there is a surplus of catcher- my office. The derby-style fishery re- the Council should be corrective in na- processor vessels and floating crab quires deckhands to work all day and ture or address unforeseen problems processors that can be leased or bought all night, outside on icy decks, in roll- with the overall functionality of the cheaply. This mobile processing capac- ing 10- to 20-foot seas, retrieving 700- crab rationalization program. Primary ity in combination with a harvester- pound steel pots, sorting crab and then elements of the Voluntary Three-pie only share would enable fishermen to dropping the pots in new places. Cooperative crab program that made form cooperatives and vertically inte- Obviously, this is very dangerous, three separate allocations, one to the grate such that none of the crab re- but it is also very inefficient and dam- harvest sector, one to the processing source would ever have to come to aging to the resource. The boats are sector, and one to defined regions, shore-side processors. racing to harvest the crab before the should not change as this was the basis Substantial investments made by guideline harvest levels are reached, of understanding of how the crab fish- shore-based processors would be lost which requires them to pull their pots eries would be rationalized in the Ber- and communities such as Unalaska, early not allowing them to ‘‘soak’’ ing Sea and Aleutian Islands. It is im- Adak, St. Paul, St. George, Akutan, longer, permitting younger crabs to es- perative that the deadly and inefficient and King Cove would lose out on proc- cape. The result is the younger crabs race for crab in the harsh winter essing jobs, taxes, and associated reve- are unnecessarily killed causing the months in the Bering Sea ends. Con- nues. The North Pacific Council under- stocks to suffer. We require the return- gress expects the Secretary to meet the stood this and developed a plan that ing to the sea of the younger crabs. statutory deadline of implementation recognized the commitments made by This plan will assist in implementing of the rationalization program in time all sectors of this fishery and tied the that requirement. for the 2005 crab fisheries. Congress resource to the communities that have If we do not implement this provision does not expect the Council to revisit historically processed the crab. lives will continue to be lost and the particulars of the crab rationalization Safety will also be achieved by this resource and the environment will suf- program that were part of the initial crab plan; this point is irrefutable. The fer. The opposition of a vocal few that report to Congress in June of 2002, such reality is, if we do not pass the crab believe they deserve a better deal and as individual harvest shares, processing plan in its entirety now, it will be environmental groups that want to shares, the 90/10 split of ‘‘Class A’’ and many years, possibly even 10 years, be- turn the waters in the North Pacific ‘‘Class B’’ shares, regional share des- fore the council could develop another into vast marine reserves or ‘‘no-take- ignations, voluntary harvester co- rationalization plan and fully imple- zones’’ are behind the opposition to operatives, and community develop- ment it. crab rationalization. Their attacks are The North Pacific Council is devel- ment quota allocations, to name a few. shameful, self righteous, and disingen- Paragraph 313(j)(2) directs the Sec- oping other comprehensive rationaliza- uous. We have an obligation to protect retary to approve all parts of the North tion programs for the Gulf of Alaska groundfish fisheries and will likely the crab resource in the Bering Sea and Pacific Council’s crab program, includ- turn to the Bering Sea nonpollock prevent any further loss of life in this ing harvester quota, processor quota, groundfish fisheries after that. This fishery. This is exactly what crab ra- and community protections. It also in- council cannot simply stop work on tionalization will achieve and to argue cludes a non-severability clause that these other programs and address crab anything else is just not true. prevents a court from overruling only Three years ago Congress directed rationalization again. It would be ex- certain parts of the program. If any the North Pacific Fishery Management tremely unfair to those other fisheries part of the program is found to violate Council to analyze the management of and would result in those programs the law, the entire program fails and having to be completely redone be- the Bering Sea Crab fisheries and de- the Bering Sea/Aleutian Islands crab cause data and factors would inevi- termine whether rationalization was fisheries will operate under their cur- tably change causing the council rec- necessary. The North Pacific Council rent open-access management scheme. ommendations and considerations to be completed its study and recommended It also prevents processors from im- vastly different. a rationalization program that recog- properly seeking crab deliveries har- If the crab plan does not move for- nized the historical participation in vested under a harvester’s open-deliv- ward in its entirety the deadly race for the fishery of remote Alaska fishing ery quota. fish will continue. communities, harvesters, and proc- Paragraph 313(j)(3) authorizes the I believe some harsh realities about essors. The ‘‘Three-pie Voluntary Coop- North Pacific Council to recommend to the Bering Sea crab fishery will illus- erative Program’’ developed by the the Secretary and necessary changes trate why we must implement this pro- North Pacific Council protects the re- after implementation of the crab pro- vision immediately. The Bering Sea/ source and ends the dangerous race for gram to continue to meet conservation Aleutian Islands crab fishery is rated fish. Section 801 of Title VIII-Alaskan and management goals set out in the the most dangerous occupation in the Fisheries of the FY2004 Consolidated program for the Bering Sea/Aleutian United States. From 1990 to 2001, there Appropriations conference report di- Islands crab fisheries. were 61 fatalities and 25 vessels were rects the Secretary to implement the Paragraph 313(j)(4) specifies that the lost; and in the recent October 2003 red North Pacific Council’s crab rational- loan program defined under the crab king crab fishery, boats were lost and a ization program in its entirety. rationalization program for captains person killed. This past October crab Section 801 amends section 313 of the and crew be authorized pursuant to rel- fishery was one of the worst weather- Magnuson-Stevens Fishery Conserva- evant sections of Title XI of the Mer- wise ever, with nearly constant gale tion and Management Act by adding a chant Marine Act as amended for fish- force winds and huge ocean swells. new subsection 313(j). Paragraph 313 eries financing and capacity reduction Under the crab plan fishermen could (j)(1) directs the Secretary to approve and for direct loan obligations for fish- have chosen to wait until the weather and implement the North Pacific Coun- eries financing and capacity reduction. cleared to harvest the crab. cil’s rationalization program for the The loan program for crab fishing ves- That is the main point. Instead of Bering Sea/Aleutian Islands crab fish- sel captains and crew members is to be regulating the time within which a eries, including all trailing amend- a low interest loan program similar to

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S152 CONGRESSIONAL RECORD — SENATE January 22, 2004 the loan program under the halibut and example of that creativity. It is the Section 802 of Title VIII-Alaskan sablefish IFQ program. product of three years of public meet- Fisheries directs the Secretary in con- Paragraph 313(j)(5) authorizes ings and discussion by industry sec- sultation with the North Pacific Fish- $1,000,000 each year from funds avail- tors, citizens and affected commu- ery Management Council to establish a able in the National Marine Fisheries nities, two years of discussion and de- pilot fisheries management program Service account for Alaska fisheries velopment by the North Pacific Coun- that recognizes the historic participa- activities to implement the program. cil and its Advisory Panel, and nearly tion of fishing vessels and fish proc- Paragraph 313(j)(6) specifies that the two years of extensive and thorough essors in the central Gulf of Alaska antitrust laws of the United States analysis by Council staff, with tech- rockfish fishery. The provision delin- apply to the crab program. It requires nical assistance from the National Ma- eates the years and types of rockfish the Secretary of Commerce to work rine Fisheries Service, Alaska Depart- that should be considered for a pilot ra- with Department of Justice and the ment of Fish and Game, and inde- tionalization program to allow for in- Federal Trade Commission to develop pendent economists and fisheries con- creased use and value in the fishery. and implement a mandatory informa- sultants. The pilot rockfish program will expire tion collection and review process to The Council meticulously con- when the North Pacific Council author- monitor the crab program and ensure structed the crab rationalization pro- izes a comprehensive rationalization no anticompetitive acts occur among gram to achieve bold conservation and program for Gulf of Alaska Groundfish persons receiving individual processing management goals for the resource; and implemented by the Secretary, or 2 quota. If any person receiving indi- but also considered the very unique re- years from the date of implementation, vidual processor quota is found to have ality of a high value, capital intensive, whichever is earlier. The pilot program violated a provision of the antitrust high risk fishery that is prosecuted en- contemplates new entrants into this laws the Secretary may revoke their tirely in the distant waters of the Ber- fishery and provides a set-aside of up to processor quota share. ing Sea and Aleutian Islands. The 5 percent of the total allowable catch Paragraph 313(j)(7) requires indi- Council has done a great job crafting of such fishery for catcher vessels not vidual processor quota share under the the Three-pie Voluntary Cooperative eligible to participate in the program. crab program to be considered a permit crab rationalization program and it is In addition, the five percent that is and subject to sections 307 (Prohibited expected to implement the program in available for new entrants must come Acts) and 308 and 309 (penalties and its entirety, including all trailing into Kodiak, Alaska for processing and criminal offenses) of the Magnuson- amendments, as reported to Congress can be processed by processors that Stevens Fishery Conservation and in June of 2002. The Council should not have not historically participated in Management Act. It specifies that, like revisit the particulars of the crab pro- the fishery. The North Pacific Council individual fishing quota, issuance of in- gram, but should continue to work will establish catch limits for nonrock- dividual processor quota share does not with the Commerce Department of en- fish species and non-target rockfish confer any compensation right if it is sure that the crab program is imple- species currently harvested along with revoked or limited, and does not create mented in its entirety in time for the pacific ocean perch, northern rockfish, title or other interest in or to any fish 2005 winter crab fisheries. and pelagic shelf rockfish, which before purchase from a harvester. The Magnuson-Stevens Act requires should be based on historical har- Paragraph 313(j)(8) specifies that the fishery management plans and amend- vesting of such bycatch species. The restriction on the collection of eco- ments to provide for the sustained par- Gulf of Alaska rockfish pilot program nomic data in section 303(d)(7) of the ticipation of communities in the fish- should also recognize the historic fish- Magnuson-Stevens Act will not apply eries it had historically depended on ing and processing participation of for any processor that receives indi- for employment and economic oppor- catcher-processors that have histori- vidual processing quota under the crab tunity. Small, isolated communities cally participated in this fishery, and program. In addition, the restriction like St. Paul and St. George located on should utilize the same years and spe- on the confidentiality of information the Pribilof Islands, and Adak on the cies of fish considered under the provi- in section 402(b)(1) will not apply when Aleutian chain have become dependent sion. the information is used to determine on the crab resource crossing their The intent of the pilot program is to eligibility or verify history for indi- docks. This plan slows down the pace of consider the historic participation of vidual processing quota. This is con- the fishery, achieves efficiencies in all of those that have been involved in sistent with the exception to the con- harvesting the resource, manages and the fishery. The Gulf of Alaska rock- fidentiality of information require- conserves the resource better, and fish pilot program does not authorize ment under the Magnuson-Stevens Act helps decapitalize the fishery. individual processing quota share for for verifying catch under an individual While there will inevitably be a de- processors in this fishery. The ‘‘his- fishing quota program. gree of economic dislocation in the toric participation of fish processors’’ Paragraph 313(j)(9) specifies that sec- communities dependent on the reve- under this pilot program should be con- tions 308 (civil penalties and permit nues. The crab rationalization program sidered pursuant to the cooperative sanctions), 310 (civil forfeitures), and addresses these concerns by tying the model under the American Fisheries 311 (enforcement) of the Magnuson-Ste- crab resource to the communities that Act, or any other manner the North vens Act will apply to the processing historically processed the crab. Proc- Pacific Council determines is appro- facilities and fish products of any per- essor quota share is a form of commu- priate. This provision in no way au- son holding individual processing nity protection which maintains his- thorizes individual processor quota quota. In addition, to ensure compli- torical processing capacity in the com- share for the comprehensive Gulf of ance with the crab program it may be munities. Processor quota share should Alaska groundfish rationalization pro- necessary for the Secretary to inspect remain in those unique, isolated com- gram that the North Pacific Council is a processor’s facilities, therefore facili- mittees like St. Paul, St. George, King currently developing. This pilot pro- ties owned or controlled by a person Cove and Adak; communities com- gram is intended to allow for better holding individual processing quota pletely dependent on the crab fishery, conservation and management of the will be subject to the prohibited acts of that do not benefit from multispecies central Gulf of Alaska rockfish and ex- section 307(1) subparagraphs (D), (E) processing and other economic oppor- tend the work year for processing jobs and (L) of the Magnuson-Stevens Act. tunities. The North Pacific Council de- in Kodiak. The North Pacific Council is recog- termined that for the crab fisheries, Section 803 of Title VIII—Alaskan nized for developing novel and innova- processor quota share was a necessary Fisheries directs the Aleutian Islands tive approaches to conservation and safeguard to protect the investments pollock allocation to the Aleut Cor- management of the abundant fisheries made by the processing sector and poration for economic development in in the North Pacific. The ‘‘Three-pie more importantly, to maintain the eco- Adak, Alaska. If the North Pacific Voluntary Cooperative Program’’ for nomic benefits in the communities Council opens the Aleutian pollock rationalizing the Bering Sea and Aleu- that have historically depended on the fishery, the allocation of pollock for tian Islands crab fisheries is another resource. economic development in Adak will be

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S153 restricted by the prohibited acts con- Management Act, the allocation of I hope all Senators will consider it—is templated under section 307 of the Aleutian pollock for economic develop- we are in an election year. We must Magnuson-Stevens Fishery Conserva- ment in Adak, may be in addition to once again face 13 appropriations bills tion and Management Act and subject the 2 million metric ton optimum for 2005. If we do not approve this bill, to the penalties and sanctions under yield. This treatment of the Aleutian this omnibus bill, we will have to turn section 308 of the Act, including the Islands pollock allocation would only and go back and try to do what we forfeiture of any fish harvested or proc- be during the 2004 through the 2008 fish- should have done by October 1 of last essed. Two classes of vessels may har- ing years, but only if harvests in excess year. That will obviously impede con- vest this pollock allocation: vessels of the cap do not result in overfishing sideration of 2005 bills and, in my judg- that are 60 feet or less in length overall and then only to the extent necessary ment, would ultimately lead to a post- and have a valid fishery endorsement to accommodate a directed pollock election session. I don’t know how can harvest the Aleutian pollock allo- fishery in the Aleutian Islands and many other Senators have lived cation and deliver it to Adak for proc- should not adversely affect the current through post-election sessions that essing; and vessels eligible to harvest participants in the Bering Sea pollock were contentious, but I believe one this pollock under section 208 of Title II of fishery in the near term. Eventually year would be very contentious. I hope Division C of Public Law 105–277 are this pollock allocation will come under the Senate will set its goal not to be in permitted to form partnerships with the combined optimum yield for all session after the election this fall. the Aleut Corporation to harvest the groundfish in the Bering Sea and Aleu- We have Members who are retiring. Aleutian Islands pollock allocation for tian Islands 2 million metric ton cap by Some Members may be defeated. The economic development in Adak. Sec- taking proportional reductions in the object of getting done before the elec- tion 803 does not waive the require- total allowable catches for each of the tion is to put to rest the disputes in the ments of the Magnuson-Stevens Act, existing groundfish fisheries as nec- Senate and go on to the Presidential Endangered Species Act, National En- essary to accommodate the establish- election and give time after the Presi- vironmental Policy Act or any other ment of the Aleutian Island pollock dential election to get ready for the federal laws. The North Pacific Council fishery. next two Congresses which will come and NMFS should be cautious in imple- Subsection (d) of section 803 allows under the term from 2005 to 2009. menting section 803(a) to ensure that the North Pacific Fishery Management I thank all members of the com- any reopening of a directed Aleutian Council to recommend and the Sec- mittee for their cooperation with me. I Islands pollock fishery is accomplished retary to approve an allocation of have enjoyed working with the minor- in full compliance with all applicable Aleutian Islands pollock to the Aleut ity leader, Senator DASCHLE, the as- law, and without disrupting 2004 Corporation for the purposes of eco- sistant minority leader, Senator REID, groundfish fisheries which have already nomic development in Adak pursuant as well as our leaders, Senator FRIST commenced. to the requirements of the Magnuson- and Senator MCCONNELL, and with In an effort to gradually establish a Stevens Fishery Conservation and Members of the House. small boat fleet in Adak, subsection (b) Management Act. The North Pacific This was a most difficult bill. It has of section 803 provides that during the Council should consider pollock alloca- been most difficult because of the fact years 2004 through 2008, up to 25 per- tions given to the various groups that we are at war. We are not only at war, cent of the Aleutian allocation may be participate in the Community Develop- but we created a new department harvested by vessels 60 feet or less in ment Quota program to recommend a which had to be funded and people had length overall. During the years 2009 reasonable amount of the Aleutian Is- to be taken from the existing depart- through 2013, up to 50 percent of such lands pollock to the Aleut Corporation ments in order to staff that new de- allocation may be harvested by vessels for purposes of economic development partment. We had to figure out the al- 60 feet or less in length overall. After in Adak and in no case should this location of funds to this new depart- the year 2012, 50 percent of such alloca- amount exceed 40,000 metric tons. ment in a fair way that did not disturb tion shall be harvested by vessels 60 Nothing in this section requires the the functions of the balance of these feet or less in length overall, and 50 North Pacific Council to open the Aleu- entities that were left in the former de- percent shall be harvested by vessels tian Islands pollock fishery. The Coun- partments. eligible under section 208 of Title II of cil should not take any action in re- This Congress ought to congratulate Division C of Public Law 105–277. Es- gards to this fishery which would re- itself for having reacted to the post- tablishing a small boat fleet will be quire a new consultation under the cur- September 11, 2001 tragedy. We created critical for the economic diversifica- rent biological opinion or Endangered a department which has made the tion of Adak and the revenues gen- Species Act covering Steller sea lions. United States safer, and we have fund- erated from the use of the Aleutian Is- Section 804 of Title VIII—Alaskan ed the needs of our men and women in lands pollock allocation will allow for Fisheries prohibits any Regional Fish- the Armed Forces who have answered greater investment opportunities in ery Management Council or the Sec- the call of our country and our Com- this community. For purposes of imple- retary from approving any fishery mander in Chief. menting this section, section 206 of the management plan or plan amendments I pray in this year 2004 we will not American Fisheries Act (AFA) is rede- to allocate or issue individual proc- have any further disasters of that type, fined so that the allocations in section essing quota or processor share in any but the war on terrorism continues. A 206(b) of the AFA should only apply to fishery of the United States other than lot of the money that is in this bill the Bering Sea portion of the directed the crab fisheries of the Bering Sea and goes to try to stave off further attacks pollock fishery. Aleutian Islands. on our people and historic objects in Subsection (c) of section 803 codifies In closing, I don’t know of any time this country. We all are conscious of one of the longest standing conserva- when we have tried to be bipartisan on how much money that is taking. All tion and management measures of the a greater scale than in these seven bills you have to do is go through any air- North Pacific Fishery Management in the omnibus bill. I personally have port to realize how life has changed Council, the 2 million metric ton cap reviewed requests from Senators from since September 11, 2001. The money in for groundfish in the Bering Sea. The both sides of the aisle. We have done this bill has been efficiently allocated. optimum yield for groundfish in the our utmost to meet the most urgent To the maximum extent possible, we Bering Sea and Aleutian Islands Man- needs in their States. We have talked have tried to deal with the requests of agement Area shall not exceed 2 mil- to chairmen of the various committees every Senator. lion metric tons. Upon the rec- and tried to work with them. In some I see the minority leader now. He and ommendation of the North Pacific instances the chairmen disagreed, but I have talked at length about the COOL Council and approval of the Secretary we have taken positions that are con- program, the country-of-origin label- of Commerce, and only if consistent sistent with a majority of the commit- ing. I opposed that provision. We de- with the conservation and management tees in those instances. leted it here in the Senate. Again, goals and requirements of the Magnu- I believe this is a good bill. The prob- when we got to the conference, it was son-Stevens Fishery Conservation and lem we face now in this cloture vote— not possible to have the conference

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S154 CONGRESSIONAL RECORD — SENATE January 22, 2004 complete without that provision in it. consistent with one another. Both bills unrivaled by that of any other State. It was a judgment that we ought to get fund mass marking of fish produced in The first Alaska Native was elected to the bill to the Senate and get it ap- federally funded hatcheries. Marking our territorial legislature in 1924. In proved and avoid a veto. I am not refers to modifying the appearance of 1959 ten Alaska Natives served in the happy about that. an immature fish in a hatchery so that first Alaska State Legislature. And There are other provisions in this bill when it matures there is an external today, 10 of the 60 members of the 23rd I am not happy about. But I can state mark that identifies it as originating Alaska State Legislature are Alaska to the Senate, in all, this bill is a good from a hatchery. Mass marking refers Natives. consensus. It is good for the country, to marking all or a substantial propor- During the Clinton administration, and it will fund the agencies that need tion of the fish releases from a hatch- the Secretary of the Interior, his solic- the money now. We could not fund this ery. By mass marking the hatchery itor and Ada Deer, the Under Secretary Government during a period of war fish, fishery management agencies can of Indian Affairs, argued that there are that is going on in Iraq and our war on direct fishery harvests on marked more than two hundred sovereign trib- terrorism under a continuing resolu- hatchery production while avoiding un- al governments in Alaska. Many be- tion. I thank the minority leader for marked fish that might come from a lieve that policy was wrong, as a mat- his statements the other day. The depleted or endangered stock. ter of law, while others assert that worst dream the chairman of the Ap- However, fishery management agen- tribes have always existed. The provi- propriations Committee can have is the cies all along the Pacific coast, in both sion in this bill creating a rural justice problem of facing up to whether the Canada and the United States rely on commission does not take sides in that Deficiency Act will require shutting one type of marking as a basis for iden- dispute. Rather it seeks a practical so- down the Government if we don’t pass tifying different stocks of salmon and lution to the issue of rural justice and the bills. I hope and pray we will pass obtaining information on those stocks law enforcement. this bill today and avoid that contin- that is vital to conservation and man- One of the more pressing problems we gency. agement programs. To assure that the now face is the issue of Department of Mr. President, there are several pro- mass marking program does not inter- Justice grants that have been issued to visions in the FY04 Omnibus Appro- fere with this crucial scientific pro- Alaska Native tribes. These grants priations bill that merit further expla- gram, it is the committee’s intent that have been used to create tribal courts nation. mass marking programs supported by that in some instances may exceed The Transportation measure included Federal funding will ensure that hatch- their lawful jurisdiction and to hire $8 million for runway lighting in Alas- ery Chinook salmon that are marked tribal police who are not currently au- ka. Of the funds made available, it is by removing all or part of the adipose thorized to enforce State laws. the Committee’s expectation that $3 fin are also tagged with a microwire Since the Appropriations Committee million would be made available for tag or alternatively mark the fish with reported S. 1585 to the Senate in Sep- laser technology in Girdwood, Alaska some other mark. This will help pre- tember, I was contacted by a number of and Merrill Field in Anchorage, Alaska serve the validity of the existing stock Alaska Native leaders who have ex- upon certification of the technology. I identification data base while also re- pressed legitimate concern that the urge the FAA to act as quickly as pos- alizing the objectives of the mass State of Alaska’s and the Federal Gov- sible to favorably approve the certifi- marking programs by enabling in- ernment’s criminal justice systems cation petition. creased harvests of threatened or de- need to be configured in new and inno- The Transportation bill included $2.3 pleted stocks. vative ways in order to better meet the million for ‘‘trail and parking improve- The Justice Department budget with- unique law enforcement challenges ments’’ for the Seward multi-agency in the Commerce, Justice, State bill that we face throughout rural Alaska. visitor center in Seward, AK. Those included $12.5 million for internet safe- In order to facilitate an analysis of, funds are also available, if necessary, ty for children. The committee urges and a constructive dialogue regarding, for the acquisition and completion of the department to work with I–SAFE that very important subject, at my re- the plaza between Washington Street consistent with the Senate Report. quest the conference committee that I and the beginning of the historic Mr. President, the significant num- co-chaired included section 112(a)(2) in Iditarod Trail in the Park Service/Por- ber of Alaskans that are descendants of title I of division B of the H.R. 2673 tico Group plan. our original indigenous Indian, Es- conference report. This provision es- Both the VA–HUD bill and the Agri- kimo, and Aleut inhabitants are a tablishes an Alaska Rural Justice and culture appropriations bill include great source of pride and a unique part Law Enforcement Commission that funds for rural water and sewer im- of our heritage. A majority of those will study the criminal justice system provements in rural Alaska. The VA– Native Alaskans reside in one of more in rural Alaska and then submit rec- HUD bill directs that beginning in than 200 small rural villages. ommendations to Congress and the FY05, EPA must set aside 25 percent of Alaska is also unique in that, since Alaska State Legislature regarding the funds for hub communities and a the purchase of Alaska in 1867, Con- ways in which those systems can be priority list must be established that gress has adopted and implemented an improved. will remain in effect for three years. Alaska Native policy that is different Also at my request, the conference The Rural Development Administra- in a most important respect from the committee include a new section tion should follow the same process so Native American policies that Congress 112(a)(1) which prohibits the Depart- the funds can be administered together has adopted and implemented in the ment of Justice from making grants to to reduce administrative overhead. ‘‘lower 48.’’ Alaska Native organizations that are In the Energy-Water appropriations Congress created Native corporations located in communities that have bill adopted earlier, questions have and since statehood has required Alas- fewer than twenty-five permanent been raised concerning Congress’ inten- ka Natives to comply with the same Alaska Native residents, as well as tion with respect to the Douglas Har- criminal, civil, and regulatory enact- communities that are located within bor. Congress provided $3 million to the ments of the Alaska State Legislature the municipality of Anchorage or one Corps of Engineers to construct the to which all other Alaska residents are of six designated boroughs. The pur- causeway and breakwaters at the har- subject. pose of section 112(a)(1) is to allow bor entrance. The Committee urges the Like all citizens of my State, Alaska rural communities grants to continue corps to commence construction of Natives participate in the development during the fiscal year during which the that project during this construction of those enactments by electing resi- Alaska Rural Justice and Law Enforce- season if at all feasible. dents of the communities in which ment Commission will be developing Funds were included in the Com- they live to serve in the Alaska State its recommendations. merce, Justice, State section of the bill Legislature. In that regard, I am im- I want to emphasize that the con- and earlier in the Interior appropria- mensely proud that Alaska has a tradi- ference committee does not intend the tions bill concerning mass marking of tion of Native American involvement enactment of section 112(a)(1) to ex- fish that should be implemented to be in the State political system that is press a view as to whether the 108th

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S155 Congress believes that either a prior the extraordinary statement today the language which delays the imple- Congress or the Secretary of the Inte- that we are not going to reward work, mentation of country-of-origin meat rior, acting lawfully pursuant to au- that people who work overtime, work labeling regulations; that the concur- thority he has been delegated by Con- hard and play by the rules, are actually rent resolution be agreed to, and the gress, has created ‘‘federally recognized going to be penalized for working hard motion to reconsider be laid upon the tribes’’ in Alaska. Nor does the con- and overtime in a week or a month. table. ference committee intend the enact- I know of a lot of people who des- The PRESIDING OFFICER. Is there ment of section 112(a)(1) to create ‘‘fed- perately need these resources to make objection? erally recognized tribes’’ in Alaska by ends meet, pay for groceries, for insur- Mr. BENNETT. Mr. President, I ob- implication. The amendment takes no ance, and the house payment. For us, ject. position on the issues which are now as an official Government policy, to The PRESIDING OFFICER. Objec- pending before the courts. say, no, we are going to devise ways in tion is heard. I also note that when this provision which to deny you overtime pay for the Mr. FRIST. Mr. President, the time was originally drafted, we hoped the first time in 70 years is abhorrent. It is has come to move ahead and complete bill would become law back in Sep- just wrong. the unfinished work of the first session tember. The deadlines established in I know I only have 5 minutes, so I of the 108th Congress. the amendment reflected that hope. will leave it at that. Simply again, I We have had good debate over the But now, in January 2004 those dead- will reiterate how deeply concerned course of the morning and yesterday— lines are unrealistic and unachievable. many of us are for this dramatic in fact, this week. I have made it very Therefore the Commission should have change in the way we look at reward- clear as to the importance of this vote, through this year to complete its work ing work. the significance of the vote we will and issue recommendations. Finally, country-of-origin labeling. take in 4 or 5 minutes. If we fail to The PRESIDING OFFICER. The We have had an unfortunate set of cir- enact this legislation, we will do very Democratic leader. cumstances in the last month right clear things. We will curtail our efforts Mr. DASCHLE. Mr. President, as I around Christmas; we had the first case in the fight against terrorism; it won’t understand it, each leader has 5 min- of mad cow disease. The administration be as effective. We will weaken funding utes prior to the vote. I spoke early has done some things right, but, for the for our food security system if we don’t this morning. Let me again summarize life of me, I cannot understand why pass this legislation. We will not have my concerns. they would not support an action al- as secure and as strong a system in- I have heard others express the fact ready in law and a policy in 43 other specting our food. We will create hard- that on the country-of-origin labeling, countries—an action that simply says ships for millions of veterans, which is we had one position in the Senate and we have a right to know not only the unnecessary. That is what this vote, in the House had another, and that this contents of our food, not only the nu- part, is about. We would put at risk represents a compromise. I will come tritional value of our food, but the ori- millions of lives of people who suffer back to that issue. I acknowledge that gin of our food. We know the origin of from AIDS and the global effort to in the case of country-of-origin label- everything else. Why is it so hard for fight one of the most moral humani- ing, the House and Senate had two dif- us that we have to say we need 2 more tarian and public health challenges of ferent positions. I would say, though, years to study whether it makes sense our time. We would be shortchanging that on the issue of overtime, on the for us to know the origin of our food? the needs of our schools, our commu- issue of media concentration in par- The Japanese are saying: We are not nities, our States, and needy and dis- ticular, both had rollcall votes cast in going to give you 2 years. You are not advantaged Americans. the House and in the Senate taking going to export food to our country un- There are people who have said this strong positions in opposition to what less you can tell us where it came legislation spends too much. I will once has now been presented to us in con- from. We are going to deny American again point out and stress what I men- ference. exports so long as you cannot label tioned 2 days ago. This bill abides by My earlier remarks expressed the them. the spending limits agreed to by Con- deep concern for the institution when Again, the administration is saying gress and the executive branch, exclud- in conference there is an ability on the that doesn’t matter; we are for free ing those two emergency supple- part of a few people to override the ma- trade; we just don’t care whether the mentals enacted last year for the con- jority in both the House and Senate on Japanese want us to label our food. flicts in Iraq. issues as important as these. So I think Some have suggested there ought to Appropriations spending authority we have to be concerned about democ- be a voluntary system. We have tried will increase less than 3 percent be- racy and about our Republic as occa- that. Give me a break. That will not tween the year 2003 and 2004, with pas- sions such as this arise. Maybe it is not work because it has not worked for sage of this bill. The alterative to pass- unprecedented, but I don’t care how years, decades, generations. We need a ing this bill is stark—a full-blown con- unprecedented or precedented it may mandatory system. tinuing resolution for the seven out- be, it is a bad practice. I believe it I am out of time. I will simply say standing appropriations bills. ought to be stopped. this, and I will use leader time for the Compared to doing the right thing I also expressed this morning my additional time. I know there is a need and passing this legislation, Senators concern about media concentration. I to vote soon. These issues will not go do have to be reminded one more time will not elaborate, except to say I am away. We intend to come back with that the alternative would mean title I troubled when not only the White congressional review resolutions, and special education programs would House but those in the House who hold amendments, freestanding bills, to be reduced by $2 billion; the National a different position can override the Rule XIV bills on the calendar. We will Institutes of Health would be cut by $1 majorities in the House and Senate. come back on these. This is not the end billion; veterans medical care would be I am also concerned about the policy but the beginning. We will not rest reduced by $3.1 billion; highway fund- itself. Increased media concentration is until this job is done. ing would be reduced by $2.2 billion; not good for this country, and those I have indicated to my colleagues global HIV/AIDS funding would be re- who advocate and support the free en- that I intended to make a unanimous duced by nearly $1 billion. That is what terprise system certainly would have consent request, as we have with some is at stake in this legislation. to share that concern. We will say a lot of these other provisions. I will do so at The legislation doesn’t please every- more about that also in the future. this time before I yield the floor. body. That is what much of the debate My two greatest concerns have to do Mr. President, I ask unanimous con- has been about over the last 48 hours. I with the overtime provision and coun- sent that the Senate proceed to the im- recognize that, and I recognize that try-of-origin labeling. For the life of mediate consideration of a concurrent part of the legislative process is for us me, I cannot understand why this body, resolution, which I shall send to the to come together and express our be- this Congress, would ever want to take desk, correcting the enrollment of the liefs and wishes and have that debate away the rights to overtime and make omnibus conference report, striking and compromise.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S156 CONGRESSIONAL RECORD — SENATE January 22, 2004 Compromises are never going to The yeas and nays resulted—yeas 61, Breaux Fitzgerald Murray please everybody. There are provisions nays 32, as follows: Brownback Frist Nelson (FL) Bunning Graham (SC) Nelson (NE) in the bill I would have preferred to be [Rollcall Vote No. 2 Leg.] Burns Grassley Nickles different, but I have learned, especially YEAS—61 Campbell Gregg Pryor over the course of the last year as ma- Cantwell Harkin Reid Alexander Dole Miller Carper Hatch Roberts jority leader, that you do the best you Allard Enzi Murkowski Chafee Hollings Santorum can. Compromise and negotiation are Allen Feinstein Murray Cochran Hutchison Schumer Bennett Fitzgerald Nelson (NE) Coleman Inhofe part of the legislative process. Sessions Bingaman Frist Nickles Collins Inouye I want to respond, as the Democratic Shelby Bond Graham (SC) Reid Cornyn Kyl leader made clear in his remarks this Smith Breaux Grassley Roberts Craig Landrieu Specter morning, the legislative process isn’t Brownback Gregg Santorum Crapo Lincoln Bunning Harkin Stevens over with this legislation. It is not Schumer DeWine Lott Burns Hatch Sununu over. This is another very important Sessions Dodd Lugar Campbell Hollings Dole Talent Shelby McConnell step that we have taken, but issues Carper Hutchison Durbin Mikulski Thomas Smith that have been expressed as issues of Chafee Inhofe Enzi Miller Voinovich Specter concern on the floor of the Senate Cochran Inouye Feinstein Murkowski Warner Coleman Kyl Stevens will—and I understand that—be revis- Collins Landrieu Sununu NAYS—28 ited again and again in our legislative Cornyn Leahy Talent Allard Dorgan Levin process. The great thing about our leg- Craig Lott Thomas Bayh Ensign McCain islative process is that people will have Crapo Lugar Voinovich Biden Feingold Reed Dayton McConnell Warner Boxer Graham (FL) Rockefeller that opportunity. DeWine Mikulski Byrd Jeffords It is time to move on the country’s Sarbanes NAYS—32 Clinton Johnson Snowe demand that we complete action on Conrad Kennedy Stabenow Akaka Dorgan this bill and, thus, in closing, I do ask Lincoln Corzine Kohl Wyden Bayh Durbin McCain Daschle Lautenberg all my colleagues to vote for cloture Biden Ensign Nelson (FL) Dayton Leahy and move America forward. Boxer Feingold Pryor NOT VOTING—7 I yield the floor. Byrd Graham (FL) Reed Cantwell Jeffords CLOTURE MOTION Rockefeller Baucus Edwards Lieberman Clinton Johnson Chambliss Hagel The PRESIDING OFFICER. Under Sarbanes Conrad Kennedy Snowe Domenici Kerry Corzine Kohl the previous order, pursuant to rule Stabenow Daschle Lautenberg The conference report was agreed to. XXII, the Chair lays before the Senate Wyden Dodd Levin Mr. MCCONNELL. I move to recon- the pending cloture motion, which the sider the vote. clerk will report. NOT VOTING—7 Mr. GREGG. I move to lay that mo- The legislative clerk read as follows: Baucus Edwards Lieberman tion on the table. CLOTURE MOTION Chambliss Hagel Domenici Kerry The motion to lay on the table was We the undersigned Senators, in accord- agreed to. ance with the provisions of rule XXII of the The PRESIDING OFFICER. On this Mr. ROCKEFELLER. Mr. President, Standing Rules of the Senate, hereby move vote the yeas are 61, the nays are 32. today I voted against cloture and to bring to a close debate on the conference Three-fifths of the Senators duly cho- against the fiscal year 2004 Omnibus report to accompany H.R. 2673, a bill making sen and sworn having voted in the af- appropriations conference report be- appropriations for the Department of Agri- firmative, the motion is agreed to. culture and Related Agencies for fiscal year cause it does not fund West Virginia’s 2004, and for other purposes: Under the previous order, the ques- priorities—short changing veteran’s Bill Frist, Rick Santorum, George Allen, tion now is on the adoption of the con- healthcare by about $700 million and Robert F. Bennett, Jon Kyl, Ted Ste- ference report to accompany H.R. 2673. education by $6 billion, as well as many vens, Kay Bailey Hutchison, Ben Mr. FRIST. I ask for the yeas and other essential programs. I was also Nighthorse Campbell, Mitch McCon- nays. very concerned that provisions were nell, Judd Gregg, Orrin G. Hatch, John The PRESIDING OFFICER. Is there a added to the legislation at the insist- Cornyn, Christopher Bond, Saxby sufficient second? There appears to be ence of the White House and over the Chambliss, Sam Brownback, Larry E. a sufficient second. The yeas and nays will of both Houses of Congress to cut Craig, Richard Shelby. are ordered. The clerk will call the overtime pay for 8 million workers. The PRESIDING OFFICER. The roll. Not long ago, the Senate and the House question is, Is it the sense of the Sen- The legislative clerk called the roll. rejected this administration’s Depart- ate that debate on the conference re- Mr. MCCONNELL. I announce that ment of Labor regulation that would port to accompany H.R. 2673 shall be the Senator from Georgia (Mr. CHAM- reduce the overtime pay of workers, brought to a close? The yeas and nays BLISS), the Senator from New Mexico and yet this bill includes just such a are mandatory under the rule. The (Mr. DOMENICI), and the Senator from change. clerk will call the roll. Nebraska (Mr. HAGEL) are necessarily The process that produced this bill The assistant legislative clerk called absent. was unfair and does not give Congress the roll. Mr. REID. I announce that the Sen- its due opportunity to protect the pri- Mr. MCCONNELL. I announce that orities of the citizens of our states. ator from Montana (Mr. BAUCUS), the the Senator from Georgia (Mr. CHAM- Senator from North Carolina (Mr. This kind of process means West Vir- BLISS), the Senator from New Mexico ginia loses its right to be properly rep- EDWARDS), the Senator from Massachu- (Mr. DOMENICI), and the Senator from resented. setts (Mr. KERRY), and the Senator Nebraska (Mr. HAGEL), are necessarily Additionally, the will of Congress to from Connecticut (Mr. LIEBERMAN) are absent. implement stronger food safety provi- Mr. REID. I announce that the Sen- necessarily absent. sions to require country-of-origin la- ator from Montana (Mr. BAUCUS), the I further announce that, if present beling for meat products has been ig- Senator from North Carolina (Mr. and voting, the Senator from Massa- nored. This legislation delays action on EDWARDS), the Senator from Massachu- chusetts (Mr. KERRY) would vote such labeling for another two years; a setts (Mr. KERRY), and the Senator ‘‘nay.’’ troubling result given the concerns from Connecticut (Mr. LIEBERMAN), are The PRESIDING OFFICER. Are there about mad cow disease. necessarily absent. any other Senators in the Chamber de- In previous action, the House and I further announce that, if present siring to vote? Senate conferees agreed to provide and voting, the Senator from Massa- The result was announced—yeas 65, basic protections for Federal employ- chusetts (Mr. KERRY) would vote nays 28, as follows: ees targeted for privatization by the ‘‘nay’’. [Rollcall Vote No. 3 Leg.] administration, yet this legislation The PRESIDING OFFICER (Mr. TAL- YEAS—65 guts such protection placing 400,000 ENT). Are there any other Senators in Akaka Allen Bingaman Federal workers in jeopardy without the Chamber desiring to vote? Alexander Bennett Bond protections.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S157 What’s more, this legislation in- issue—of how we make sure the pen- Turning to the interest rate fix issue, cluded an across-the-board cut in all sion system in this country, or espe- this is the key issue for me. I have spo- programs, and that is not a responsible cially relating to defined benefit pen- ken about this a number of times on budget practice. Such a cut means that sions, is maintained in a viable and this floor. In fact, back in May I said: 24,000 fewer children will be served by strong way. Now is the time to address this. I guess title I in their schools, 26,500 fewer vet- The pension system in this country ‘‘now’’ has become now. But the fact is, erans will get health care, and $170 mil- is, regrettably, in trouble. But the we have today a system where 30-year lion will be lost for needed highway amendment being offered today is de- Treasury bond rates are required in the construction. signed to restore stability to the pen- current pension law for funding pur- Under the process imposed in this sion system and give us the time to poses. must pass legislation, Senators have no solve the broad, difficult problems fac- We will replace that with a conserv- chance to offer amendments or make ing the pension system. ative rate pegged to the high-quality changes. This is simply not right, and Last week, when the Pension Benefit bond corporate basket. The reason for therefore, I vote no in protest. I vote Guaranty Corporation released its an- this is that 30-year bonds essentially do no, to taking away the rights of West nual report outlining record losses, not exist anymore so we have an artifi- Virginians. Labor Secretary Chao put the issue in cial rate under which we were requir- I understand that the votes are there proper perspective when she said: ing companies and pension funds to be to pass the underlying legislation to While PBGC [Pension Benefit Guaranty funded. The practical effect of that was Corporation] is not in crisis—the agency has keep the government functioning and sufficient assets to meet its obligations for a that the bond rate was artificially low, provide support to West Virginia number of years into the future—it is clear which meant the return on these funds projects. I agree that VA healthcare that the financial integrity of the federal was artificially low and the funding re- funding needs to be increased, but this pension insurance system is at risk. It is quirements became, unfortunately, in bill falls far short. I agree with the $1 equally clear that comprehensive reform of real terms, extraordinarily high and in- billion increase for the Title 1 edu- the nation’s pension funding rules must be consistent with what a realistic rate cation program, but I also must point enacted to strengthen the financial health of would be. the defined benefit pension system. out that we are still $6 billion short of By shifting to a corporate basket of the amount promised for the No Child Time is the key thing here. That is high yield corporate bonds, we will cor- Left Behind Act. why we need to legislate today. The rect this problem, significantly im- Again, my vote is a protest vote amendment gives critical players the prove the viability of the pension sys- against the effort to rob West Virginia time they need in the area of reform to tem, and allow the corporations, for a accomplish the changes necessary to of its representation in the appropria- period of 2 years, to use this temporary get through this period in front of us. tions process and in opposition to the fix. It is a temporary fix. There is in this bill a temporary in- egregious provisions inserted into this Two years is a risk, I admit. Whether terest rate fix which gives Congress or not we can put in place the nec- legislation without bipartisan support, time to review all of the options and or full and fair discussion. I am pleased essary law changes and reach agree- make the right decisions on funding, ment between the various players that that after over 4 months, Federal fund- reporting, and many other issues fac- ing is decided, but the process must be are involved at the table, including the ing the troubled pension system. unions, corporations, and the guaran- changed. There is also in this bill something teed fund is a question. The PRESIDING OFFICER. The Sen- called the deficit reduction contribu- ator from Kentucky. It is a short timeframe to resolve tion relief area which gives airlines this issue. I would have preferred more f and steel companies the time they need time so we could be sure we would to get their affairs in order after a PENSION FUNDING EQUITY ACT OF reach an accommodation and a time- 2003 unique and unusual period of pressure. Further, there is reform in the area frame that were realistic, but that is Mr. MCCONNELL. Mr. President, of the multiemployer pension system not what others wanted. It was not pursuant to the order previously which will give relief to management what we were able to accomplish. As agreed to, I ask unanimous consent and labor to get their agreements in we all know, legislating is sometimes that the Senate now proceed to the order relative to collective bargaining the art of compromise, and in this in- consideration of H.R. 3108, the pension in order to make sure those funds are stance that was the case. bill. solvent. So we have a 2-year hiatus using a The PRESIDING OFFICER. Without No one—Congress, employers, nor basket of high yield corporate bonds as objection, it is so ordered. unions—is absolved of responsibility the new benchmark for funding. That Pursuant to the previous order, the under this amendment. By granting will be positive relief, and it will mean, Committee on Finance is discharged time, we do not reduce—that should be in practical terms, that funds which from further consideration of the meas- stressed—anyone’s debts nor allow any- would have been artificially flowing ure and the clerk will report the bill by one to avoid liability for debts they into funding pension funds—and unnec- title. have voluntarily accepted. essarily flowing into those funds as a The assistant legislative clerk read What we do is provide the necessary result of having to use the low Treas- as follows: breathing room so reforms and repay- ury rate—will now be flowing into cap- ital investment which translates di- A bill (H.R. 3108) to amend the Employee ments are made in a responsible and Retirement Income Security Act of 1974 and manageable fashion and not under the rectly into jobs. That is what this is the Internal Revenue Code of 1986 to tempo- threat of ‘‘the sky is falling’’ situa- about, protecting jobs and protecting rarily replace the 30-year Treasury rate with tions we confront today. pensions. a rate based on long-term corporate bonds The amendment has essentially four The second area is the deficit reduc- for certain pension plan funding require- elements, as I have outlined. First is tion contribution relief function. The ments and other provisions, and for other reform of the 30-year Treasury note as amendment grants 2 years of relief to purposes. being the vehicle by which we assess the airline and steel industries from The PRESIDING OFFICER. The Sen- pension funding. Second is temporary mandatory deficit reduction contribu- ator from New Hampshire. relief for specific single-employer pen- tions. Other companies may also apply Mr. GREGG. Mr. President, I rise in sion plans from deficit reduction con- to the Treasury Department for similar support of this piece of legislation. I tributions, such as airlines and steel. relief. Companies getting relief must join the Senator from Iowa, the chair- Third is a 2-year delay in the amortiza- remain current on their pension obliga- man of the Finance Committee, along tion of recent investment losses experi- tions and cannot increase the benefits with the senior Senator from the enced by multiemployer pension plans that they create under their pension Democratic party on my committee, and the imposition of significant im- funds during this period. Mr. KENNEDY, and I believe Senator provements in the disclosure of infor- Airlines are the main focus of the BAUCUS. We worked long and hard to mation requirements of those plans to deficit reduction contribution relief. address this issue—and it is a critical their participants, which is critical. Airlines are the main focus because of

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S158 CONGRESSIONAL RECORD — SENATE January 22, 2004 the unique stress these companies have year period. It is done as a result of area, and the cooperation which the suffered. In recent years, profit pres- pressure which we are seeing within Health, Education, Labor, and Pen- sures within the U.S. airline industry the industry to move out of these types sions Committee has had on this effort. have been amplified by severe pricing of plans and, in fact, abandon the field The PRESIDING OFFICER. Who competition, the recession, and, most of pensions completely in the area of seeks recognition? importantly, by the effects of ter- defined benefits plans. The Senator from Iowa is recognized. rorism and the war in Iraq. Severe We understand that if we do not re- Mr. GRASSLEY. Mr. President, in acute respiratory syndrome, SARS, form these plans and their funding turn, I thank the Senator from New also created pressure on the entire in- more substantively over the 2-year hia- Hampshire as the chairman of the com- dustry, especially those flying over- tus being granted to us, we will have mittee dealing with some pension leg- seas. lost a huge opportunity to make avail- islation. I thank him for his coopera- The industry is in transition. The able to employees effective pension tion. That cooperation has been over a public has been reluctant to return benefits. long period of time, going back to at since September 11 to the level of trav- Our goal is to make sure we don’t ar- least a year when we started efforts to el we had before September 11. Two air- bitrarily force a number of employers work together on pension legislation so lines have already filed for bankruptcy out of the pension area simply because we would have a solid approach on the protection. Others may follow suit. It we have an artificial rate at which floor of the Senate. is our intention with this amendment they have to fund their plans; that we Mr. President, the replacement of the to ensure that pension rules are not the don’t create an atmosphere where, in so-called ‘‘30-year Treasury’’ interest determining factor in selecting which the area of airlines and steel, we are es- rate has reached an emergency. This is airlines survive and which fail. We sentially forcing these industries into the statutory rate used to value pen- should not be kicking airlines over into bankruptcy because of their pension sion liabilities. bankruptcy on the issue of pensions. If structure but, at the same time, not There is an inverse relationship be- that happens, it should be a function of create an atmosphere where we unduly tween interest rates and pension liabil- their operating activity in the area of undermine their commitment to their ities: As interest rates go up, pension competing for passengers. pension structure; thirdly, not create liabilities go down. Conversely, as in- The PBGC is also concerned about an atmosphere where multiemployers terest rates go down, pension liabilities the steel industry, especially two spe- basically abandon the field of pension go up. Small changes in interest rates cific companies which have filed bank- activity and we end up with many em- mean big differences in pension con- ruptcy. Last year the agency absorbed ployees not having the opportunity to tributions. the largest pension plan in its history participate in pensions. Current interest rates are at historic when it trusteed the Bethlehem Steel That is our goal. Our basic goal is to lows. Low interest rates have caused plan. Only a few steel company pension assure that we have a viable pension pension plan liabilities to skyrocket. plans still exist. system for our employees and the op- To make matters worse, the recession The DRC portion of the amendment tion, as part of that viable pension sys- that began in 2000 brought down stock gives these plans in this troubled in- tem, that we have a strong defined ben- values. dustry a chance to get their finances in efit element of the system. We know, The combination of unusually low in- order without the imminent threat of a regrettably, that as we came out of the terest rates and the decline in stock takeover by the PBGC. The DRC provi- period of the bubble of the 1990s, tre- values have combined to worsen the sions are important safeguards to the mendous pressure was put on these dif- pension plan funding problem. Just system and especially to the PBGC. ferent pension plans because of their when you think things can’t get any Plans taking the relief must pay 20 per- investment experience. It was not worse, they do. cent of their obligation in the first unique to pension plans. Many Amer- In October 2001, the U.S. Department year and 40 percent of their obligation ican citizens who invested in the 1990s of the Treasury discontinued the 30- the second year or the plan’s expected found the same problem. At the end of year Treasury bond. The 30-year bond current liability for the year, which- the 1990s, most of these plans were ex- is the statutory rate used by pension ever is greater. This ensures that no tremely solvent and strong. Today plans to value their liabilities. While plan will lose ground and become worse they are weak. They need this type of the Treasury Department still cal- off than it was when we started this relief in order to get through this pe- culates the yield on the 30-year Treas- process. Plans that are funded at only riod. ury bond, the number is increasingly 75 percent or less are also prohibited We have been through this type of ex- ‘‘soft.’’ from increasing benefits during this 2- perience before. I point to the Chrysler To help plans cope with high funding year moratorium. There is strict ac- bailout process as an example of how requirements, Congress adjusted the countability. Furthermore, there has the Government, through intelligent rate to 120 percent of the 30-year Treas- been talk of freezing the PBGC guar- approaches toward companies that are ury shortly after the terrorist attack antee for these plans. in stress, could maintain those indus- of September 2001. That adjustment The multiple employer benefit plan tries and be sure that they work their was effective for 2002 and 2003. Plans relief is another area that this bill ad- way through the process during the were depending on Congress to extend dresses. What the amendment does is hard times and, as we move back into that relief before December 31, 2003. We allow plans to suspend amortizing their a strong economy, have the oppor- missed our deadline. experience losses for 2 years. Multis tunity to do the reform necessary to At the end of the last session, we may amortize experience losses over 15 strengthen those plans so they get needed unanimous consent to pass an years under current law. Multiem- them back up to speed. interest rate bill, but we did not have ployer plans also would be required, This is a much more logical approach UC to proceed. The objections were not under the amendment, to send annual than the haphazard, sky-is-falling ap- over replacing the rate, they were over notices to all participants disclosing proach of forcing the plans through re- deficit reduction contribution, or the funding status of the plan. This is organizations, through dramatic fund- ‘‘DRC relief’’ and over relief to an important reform. It will mean that ing events that are artificially created mutliemployer plans. we will have transparency in multiem- through the interest rates or by mak- Let me talk about DRC relief for a ployer programs—something we don’t ing the plans much less attractive be- moment. There is an honest difference have today—so employees can find out cause the pension costs are so high. So of opinion in the Senate over whether the status of their plans. This reform I think the bill makes sense. There is or not to grant DRC relief to under- will have a very positive impact. consensus on it and we should move funded pension plans. Without this relief, many companies forward with it. The real answer to the question of participating in multiemployer plans Before I yield the floor, I thank the whether underfunded plans should be will face significant taxes and mone- chairman of the Finance Committee given DRC relief is: It depends. tary penalties. This is an attempt to for his commitment to this effort and If a company is otherwise healthy address that problem over the next 2- the strong work of his staff in this but in a cyclical industry, should the

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S159 combination of the economic downturn With all those employers and all the on this legislation. This legislation has and an arbitrary pension rule force potential differences in the individual an enormous impact on workers in this them into bankruptcy? arrangements, the plan cannot change country, and it has an incredible im- I respectfully suggest that DRC pay- overnight. pact on small businesses and other ments should not force an otherwise The language that we are bringing to businesses in this country that are try- healthy company into bankruptcy. Re- the floor gives the multiemployer ing to be responsible and do the right member, the company could survive if plans a little extra time to rearrange thing. the Government takes its thumb off their contributions and benefits before All of us understand that retirement the pension DRC scale for a little these excise taxes would take effect. It income is dependent on a three-legged while. gives the plans time to go back to the stool comprised of Social Security, per- So what should Congress do? bargaining table and renegotiate. sonal savings, and a pension. Those are The Senate Finance Committee de- This package has been drafted to give the three elements which men and cided that we should provide tem- temporary funding relief to both sin- women, who have worked hard and porary relief to overburden plans. The gle-employer and multiemployer de- played by the rules, look to in terms of HELP Committee did not take action fined benefit pension plans. their future and of their golden years. on this issue. Currently these plans are straining That is why it is so important that we Out of respect to the HELP Com- to pay their contributions. Relief is preserve Social Security. mittee, we agreed to winnow back the limited in duration. It will expire at We are all mindful of what has hap- relief to qualifying airlines and steel the end of 2005. pened in recent times in terms of per- firms, but to allow others to apply to Our objective is always to balance sonal savings, where savings have been the Government for relief so long as the requirement that participants’ ben- reduced as a result of a lot of different they meet the qualification require- efits be funded and guaranteed, but to factors and forces. The market has ments. The bill provides only 2 years of do so without driving otherwise been off. And although it has come limited DRC relief. Relief for 2004 is healthy employers into insolvency. back to some extent in the last few limited to 80 percent of the deficit re- Pension funding rules need to be re- weeks, overall there has been a loss duction contribution. vised. We know that. While we work to- among many of those who had 401(k)s. In 2005, the DRC relief is further lim- ward that goal, however, this proposal Then there is the serious challenge to ited to only 60 percent of the otherwise will lessen the burden that usually low the whole pension system. It is indis- payable deficit reduction contribution. interest rates place on plan funding. pensable that we find common ground Plans that were poorly funded in 2000 I yield the floor. and work to deal with this issue which are not eligible for this relief. We are The PRESIDING OFFICER. The Sen- is of such incredible importance. The concerned that for the healthy compa- ator from Massachusetts. fact we have been able to work on both nies, the DRC creates an artificial cash Mr. KENNEDY. Mr. President, I rise sides of the aisle on this extremely im- demand on companies. The DRC is to speak on behalf of the members of portant legislation is, I think, enor- well-intentioned, but it may be a the Finance Committee, and in par- mously significant. The chairman of the Finance Com- flawed requirement. ticular for Senator MAX BAUCUS, and mittee and I have enjoyed working We wish we had time now to simply for members of our committee. I think with my colleague and friend from New reform the DRC. If we had anticipated now of our good friend and good ally to Hampshire, Senator GREGG. We haven’t the amount of time it has taken us to the chairman of the committee and to cosponsored or worked together all get to this point, we would have re- the other members of the Finance that many times, but I always enjoy it formed the DRC. As an alternative to Committee who have been working on when we do, and even when we differ, I reform, we are providing short-term this legislation for a significant period enjoy that as well. DRC relief to qualifying companies. of time. I can’t underscore enough the impor- Now, let me turn to the multiem- Most of us remember the mishap that tance of this legislation, and we are ex- ployer plans. happened to Senator BAUCUS some time tremely hopeful that the kind of agree- The same fiscal and financial condi- ago, during an event that very few, if ment we have had so far will continue tions that have caused the pension any, of us would participate in—a 50- to be the basis of the legislation as it funding crisis among single-employer mile road race. During that race, he moves forward. plans are working against the multi- slipped and had a small accident, or so Defined benefit pension plans are, as employer plans. he thought at the time, but still con- I mentioned, a key part of retirement Since we have already given 2 years tinued the race. Then, because of com- security for millions of Americans. of relief to single-employer plans (in plications that took place a number of They promise a monthly benefit start- 2002 and 2003), it is only fair that we weeks after the mishap, additional ing at retirement and continuing for now provide some relief to the multi- treatment and care was necessary. So the rest of your life. Defined benefit employer plans. he is not present with us today. plans are different from defined con- This amendment gives multiem- Senator BAUCUS wanted the Senate tribution plans and all the other pen- ployer plans an extra couple of years to to move ahead on this legislation, sion plans. Only a defined benefit plan amortize their experience losses. If we which is typical of Senator BAUCUS. He provides benefits backed by the Pen- don’t give them relief, excise taxes will encouraged us to go ahead and he told sion Benefit Guaranty Corporation. cascade down the employers who con- the leadership on our side and on the Americans in every industry benefit tribute to the plan. The excise taxes other side, that he wants the Senate to from these plans. Nearly 35 million and penalties will hurt the employers— work its will on this legislation be- workers and retirees are covered by not the unions. The excise taxes start cause it is enormously important. single employer plans, and 9.7 million at 5 percent, but they quickly increase All of us are very mindful today that more are covered by the multiemployer to 100 percent. Senator MAX BAUCUS has been facing a plans. One in every five workers par- These taxes do not help fund the pen- challenge in terms of recovery. He is ticipates in a defined benefit plan. sion plan. They just enrich the Federal doing well. He is getting better. He will But today the secure retirement of Government. soon be back with all of us. these workers is at risk. As we have The reason that this relief is a little I certainly thank him—and I think I heard from many experts, a ‘‘perfect different from the single-employer lan- speak for all of us on our side—for all storm’’ is overtaking defined benefit guage is that the multiemployer plans the good work he has done in terms of plans. The longest downturn in the are structured very differently than a the development of this legislation. His stock market since the Great Depres- single-employer plan. work has been indispensable and ex- sion, combined with a troubled econ- A multiemployer plan consists of tremely important. omy, and historically low interest tens, or hundreds, or a thousand em- I also thank the chairman of the Fi- rates have led to the underfunding of ployers contributing to the same fund. nance Committee, Senator GRASSLEY, many of these pension plans, and the Each employer may have a slightly dif- and the chairman of the HELP Com- storm threatens to wreck the pension ferent arrangement for its work force. mittee, Senator GREGG, for their work dreams of millions of Americans.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S160 CONGRESSIONAL RECORD — SENATE January 22, 2004 This amendment that Senator BAU- might not otherwise be able to earn a covered by multiemployer defined ben- CUS, Senator GRASSLEY, Senator pension. efit pension plans. This is effectively 45 GREGG, and I are offering will provide Forty percent of these workers are in million employees who are going to be immediate short-term measures needed construction, building homes and of- affected, and obviously thousands of to deal with this temporary crisis. fices. They worked around the clock at employers. Only defined benefit plans The amendment has the broad sup- the World Trade Center site after the provide a secure monthly benefit port of Democrats and Republicans, tragedy of September 11. Because many backed by the Pension Benefit Guar- employers and unions. Despite our dif- construction jobs are short term, these anty Corporation. ferences, all of us agree that employees workers rely on multiemployer plans What are the factors? Why is this leg- deserve to receive the benefits prom- to guarantee their retirement. islation necessary? Why is it needed? I ised by their pension plans. To protect Thirty percent of these workers are mentioned in my other comments the security of their retirement, we in retail or service industries. They about the ‘‘perfect storm,’’ the series of need a solution, and we need it quickly. clean hotel rooms and corporate of- events which have taken place. These Our amendment takes three steps to fices. They bag groceries and serve food are the factors which have impacted help defined benefit pension plans. in restaurants. They do not have gold- these pension programs in an adverse First, it temporarily replaces the 30- en parachutes or executive stock op- way. year Treasury bond rate used to cal- tions. Without a multiemployer plan, First, the prolonged downturn of the culate employers’ contributions to pen- many of them would have no pension stock market during this administra- sion plans with a corporate bond rate. at all. tion, the longest since the Great De- As the interest rate on 30-year Treas- Ten percent are in the trucking serv- pression; extremely low 30-year Treas- ury bonds has fallen, the decline has ices, traveling across the country at all ury bond interest rates. Bond interest created huge uncertainties for pension hours of the day and night to deliver rates have been low. That has had some plans. As many as 20 percent of defined goods safely to stores, factories, and positive impact, obviously, in terms of benefit pension plans are at risk of homes. A multiemployer plan helps the refinancing of automobiles and being terminated or frozen. Tempo- them reach their retirement destina- homes, which has been extraordinarily important, but adverse in terms of rarily replacing the 30-year Treasury tion safely, too. these pension programs. The weak eco- bond rate will stabilize these plans and Multiemployer pension plans also nomic conditions mean the companies enable them to continue to provide the help employees of small businesses. cannot afford to make the additional benefits they have promised. Only 8 percent of companies with fewer payments and pay excise taxes imposed Second, our bill provides for addi- than 100 employees offer a defined ben- by our pension laws. Because of the tional deficit reduction contribution efit pension plan. Many small busi- economic pressures, the companies are relief. nesses find it most affordable to pro- hard pressed to meet their responsibil- Although the Bush administration vide such benefits through a multiem- ities. They have been responsible in keeps speaking of an economic recov- ployer plan. As one pension expert tes- trying to set up these pension plans. ery, the recent economic growth has tified before the House, multiemployer They want to provide for their work- not translated into job security for plans ‘‘provide literally tens of thou- ers. They want to do the right thing. Americans—indeed, only 1,000 jobs were sands of small employers with the op- This helps them, at least in a tem- created in December. Many sectors, portunity to provide competitive and porary way, to deal with those issues. such as the airline and steel industries, comprehensive benefit plans to their Those are basically the reasons why continue to struggle. employees . . . which would otherwise this legislation is necessary. This is a The men and women in the airline in- be too expensive and administratively temporary program, but it affects al- dustry are well aware of the threat to complex for them to provide on their most 45 million of our fellow Ameri- their jobs. Over 100,000 airline workers own.’’ The larger companies can pro- cans. have lost their jobs in the last 2 years, vide the self-insurance, so to speak, for I want to mention one other factor, and thousands more are accepting cuts the pension plans. The smaller ones and that is that multiemployer plans in pay and benefits to preserve their have to be involved in these multiem- provide literally tens of thousands of jobs. These workers have done their ployer plans that include a variety of small employers with the opportunity part to keep the skies safe and keep different companies. to provide competitive, comprehensive their companies flying and they need Like single-employer plans, the mul- benefit plans to their employees, which our help to protect their jobs and pen- tiemployer plans have been devastated otherwise would be too expensive and sions. by the stock market. Because of these administratively complex for them to The steel industry is also struggling losses, the plans are in trouble. The provide on their own. to find new ways to increase efficiency modest relief in our amendment will This really helps the small businesses and compete in the world market. But provide both companies and workers in a very important way. I will give the industry continues to face serious with more time to negotiate contracts some idea to our colleagues about the challenges, and relief is essential. to meet the soaring funding needs. people who are affected by this action. The deficit reduction contribution re- These three bipartisan steps provide Multiemployer plans provide pensions lief in our amendment would provide a vital temporary solution to the prob- to low-wage workers, and workers in relief from these payments to compa- lems faced by the Nation’s pension seasonal or short-term employment. nies that had well-funded pension plans plans. Once these problems have They provide pension plans for workers in the past and need extra assistance passed, more must be done to preserve in many industries. 38 percent are in now. These are companies that have and expand the defined benefit system the construction industry, clearly the met their responsibility and through that means so much to so many em- largest industry. Truck transportation the confluence of events are today ployees today. Our amendment pro- is 9.8 percent; services, 15 percent; re- challenged. This helps provide tem- vides 2 years of relief enough to allow tail trade, 14.5 percent; 15.2 percent of porary relief. us to begin. all of those workers are in manufac- This relief is needed to help protect I urge my colleagues to join in pro- turing. I think all of us understand the the pensions and jobs of workers in viding this much-needed protection to challenge this Nation is facing in re- these industries. These are industries the millions of hard-working Ameri- taining manufacturing jobs in Amer- that can come back—and must come cans who have worked for and earned a ica. This is enormously important in back—to help drive our economic re- secure retirement. helping preserve it. There are a lot of covery. To review the highlights of this legis- different elements in terms of what we Our amendment also includes impor- lation one further time, there are 35 are going to have to do to preserve tant relief for the multiemployer million Americans who are covered by manufacturing jobs, but this is vital. plans, which fill major needs in our the single-employer defined benefit This chart gives the idea. It is manu- pension system by providing pensions pension plans. This gives some idea of facturing, it is retail and service, it is to many low-wage workers, as well to the importance. There are 9.7 million, transportation, again, it is construc- short-term and seasonal workers who effectively 10 million, more who are tion. For individuals who are moving

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S161 from project to project, by the nature In addition, I hope we will be able to course, our leaders, Senator FRIST and and definition of the construction in- have Senator BAUCUS back with us Senator DASCHLE, who have all been in- dustry, they absolutely need the multi- quickly. Originally when he left the volved in working through the difficul- employer plans. They work. They have hospital we heard it might be 2 weeks’ ties of this legislation. been successful. But they are hard recovery. I hope that is coming along Quite frankly, this is complicated pressed, as I mentioned. OK and he should be back here with us and difficult legislation to understand. This is a balanced program. It is a very shortly. A lot of times, people start referring to temporary program. It has the broad Mr. President, I will suggest the call- issues by acronyms such as COLA or support of employers, large and small. ing of a quorum. DRC. If you are not really involved in It has the support of workers from Mr. KENNEDY. If the Senator will the intricacies of pension issues and, large companies and large unions to withhold, we understand the leaders particularly, this area of deficit reduc- small companies and individual work- have set this time now for debate. We tion contribution, you can get lost in ers. It responds to a very important are here and ready for debate and dis- the details. You can even be misled as and significant issue, which is, I think, cussion. This is enormously important. to what the reason for it is and what at the heart of the American dream, The leaders wanted us to try to con- the impact will be. and that is how we are going to view sider the concerns of the Members on I have followed this issue because I retirement. The Greeks used to define both sides of the aisle today. We are am a member of the Finance Com- a great civilization by how it cared for going to be at our posts, Senator mittee, which has jurisdiction in the its senior citizens. These are the men GRASSLEY and myself, today and also area of pension plan contributions, and and women who have sacrificed, the on Monday. also as chairman of the Aviation Sub- ones who helped bring this Nation out I think it was the leader’s desire to committee of the Commerce, Science, of recession, who fought in the various stack the votes for Monday afternoon. and Transportation Committee. I do wars in which we have been involved It is now Thursday afternoon, quarter believe the airline industry is in a dif- and, most important, they have sac- of 2. We are here and ready for action. ficult situation now, but I think they rificed for their children. They have We know some Members have spoken are a critical part of America’s econ- sacrificed for their children’s edu- with us about their concerns about dif- omy and our transportation system. cations or for whatever challenges they ferent provisions. We are ready to deal There is no question that they have had. with those issues, or at least be able to been greatly impacted by fuel costs, But they have been working hard, debate them and make sure that our the events of 9/11, and even, tempo- over a lifetime. They have been pru- colleagues are going to be fully in- rarily at least, by the war in Iraq. They dent and they have saved. Now, at the formed about them by the time we have been struggling to deal with those time when they are getting close to re- vote. issues. They also have had mistakes in tirement, because of forces and factors I certainly hope those who do have their past, in management decisions. far beyond their control—that retire- amendments would come over here and Some of the contracts they have with ment is threatened in a very signifi- present them so we might be able to labor put real pressure on them in cant and important way. consider them, work on them through terms of being able to make enough This legislation makes sense. It has the afternoon or through the evening, money to pay all the costs of delivering broad support. I am hopeful we can and make as much progress as we can. this service. Regardless of that, I think pass it. It is necessary and it is impor- I hope we are not going to be left for it is hugely important for America tant. these to come in at a later period. We that we have a viable and available air- I commend our leader, Senator are prepared to consider these issues at line industry. FRIST, for scheduling this as an early the earliest possible time. We have been doing things to try to priority in this session. I think it is a Mr. GRASSLEY. Yes, the unanimous help them. Right after 9/11, we passed matter of enormous importance and consent provision does allow for major airline relief, leading up to the consequence, and it is a great priority. amendments, an equal number on both war in Iraq. In the aftermath of 9/11, we I commend the leaders for giving the sides. We hope the people who are in- provided direct assistance to the air- Senate the opportunity to take action terested in following that rule will lines. Late last year, we passed the on it. come over. I have been told there is at Federal Aviation Administration reau- Mr. President, I yield. least one Member on my side of the thorization, a significant multiyear Mr. GRASSLEY. Mr. President, I aisle who should be here shortly to legislation that was hard to get want to follow on what Senator KEN- offer an amendment. I urge that to through, but we got it done. It was sup- NEDY said in his opening remarks about happen. ported by management and labor and this bill being here through a great Obviously, we will be glad to have de- the administration in the end. That deal of cooperation between two com- bate and accommodate everybody in gives some certainty about what the mittees, and Republicans and Demo- any way we can. administration will be doing, what crats within those committees. It also I suggest the absence of a quorum. they can do. We opened up some areas gives me an opportunity to thank Sen- The PRESIDING OFFICER. The that needed some changes. This area is ator BAUCUS because I always have a clerk will call the roll. also very important to the survival of very close working relationship with The assistant legislative clerk pro- some of our airlines. him on our Finance Committee. This is ceeded to call the roll. Some will argue that it gives the a result of that cooperation. But, as I Mr. LOTT. Mr. President, I ask unan- major airlines an advantage over the previously said, and it has been alluded imous consent that the order for the smaller airlines. I certainly am not in to by Senator KENNEDY and Senator quorum call be rescinded. a position to want to do that. I want GREGG, this is an issue where two com- The PRESIDING OFFICER (Mr. all of our airlines to be able to meet mittees, the Finance Committee and ALEXANDER). Without objection, it is so the responsibilities and commitments the Health, Education, Labor, and Pen- ordered. of their pension plans but also to be sions Committee share jurisdiction. So Mr. LOTT. Mr. President, what is the able to stay in business and provide we have had a remarkable cooperation parliamentary situation? I wish to service. We need the shorter routes, the between the two committees, and that speak on the pending legislative issue, ones that fly from point to point, and includes Senator KENNEDY’s coopera- the pension bill. Is the floor open for the hub airlines. I want a healthy air- tion to get this bill out and hopefully comments? line industry. This is one step in that not only get it to the floor but that The PRESIDING OFFICER. Yes, it is. process. this sort of cooperation helps us expe- Mr. LOTT. Mr. President, I rise in Some people will attack this legisla- dite this bill. support of this legislation. I commend tion and say the airlines brought it on This is a very important piece of leg- the Senators who have been involved in themselves. Sure, they have made mis- islation and is needed by a lot of seg- working out most of the disagree- takes, but a lot of things they are ments of the economy in order to keep ments, including Senators GRASSLEY, being hit with cannot be put at their companies viable. BAUCUS, GREGG, KENNEDY, and, of doorstep as being their fault. They

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S162 CONGRESSIONAL RECORD — SENATE January 22, 2004 didn’t cause 9/11. They have not been know Chairman GRASSLEY and others Benefit Guaranty Corporation had to responsible for the increasing and up want to have broad pension reform. We assume the pension obligations for and down prices of fuel. A number of need to do that. But we are not going scores of bankrupt companies, ranging factors that have played into their eco- to be able to do it in the next month or from airlines to steelmakers, pushing nomic situation they cannot be blamed two, and I don’t even think we are the PBGC’s balance sheet into the red for. They have certainly made mis- going to be able to get it done this by an alarming $11.2 billion. takes, but this is not something they year. We need to do it. We ought to do On the other side, the assault is com- brought on. This is a requirement in it. This problem is imminent. If we ing from historically low interest rates the law that we put on them. This is a don’t act by April 1, these airlines and that have triggered painful new fund- part of the PBGC legislation, where steel companies are going to have to ing requirements for employers. Even they have to pay into the pensions, and pay at the accelerated rate, which they companies that want to provide for we capped how much they could pay in. are not going to be able to do. So it is their employees find themselves unable A few years ago, in 2000, the airlines timely. We have to act now because in to compete in a global marketplace were committed and paying, I think, a very short period of time, the roof against competitors unencumbered by 100 percent of what was needed. But in will come falling in on these compa- the legacy costs of pension and health the last year or two, they have fallen nies. care benefits. under severe pressure, and, as a result I understand there may be a couple of U.S. employers are warning they will of the quirks in the law, they now amendments. I appreciate the fact that be forced to freeze their pension plans would have to pay an accelerated pen- Members did work with me on a provi- or terminate them unless the Congress alty, even more money, because of the sion I had concerning multiemployer provides them with relief from their 30-year Treasury bond calculation withdrawal liability. We worked on pension obligations. Yet, with $350 bil- process to determine how much they compromise language that is in the lion in underfunded pensions and a paid in. That has come to a conclusion. legislation which I think is acceptable. growing deficit, the Federal pension in- They have to go to a new system. Many of the questions that were raised surer is warning that unless those pen- My point is that I think this DRC re- by the chairman of the Budget Com- sion obligations are funded, a massive lief is the right thing to do. It is a tem- mittee and by Senator KYL of Arizona taxpayer bailout, akin to the 1980s sav- porary 2-year deal. They are not ab- have been addressed. I understand they ings and loan crisis, is just over the ho- solved of all of their responsibilities. It may have an amendment or two. We rizon. is an 80–60 percent—80 percent relief in ought to debate those amendments and At a time when working families are the first year, 60 percent in the second have a vote. But then I hope my col- looking for assurances that their pen- year, and only plans that were not sub- leagues will allow this legislation to sions will be protected and their retire- ject to the deficit reduction contribu- move forward, go on to conference, and ment will be secure, the Congress is of- tion relief in 2000 would be eligible for let’s get it done in a timely fashion. It fering neither assurances nor security. this relief. is in the best interest of the airline in- This legislation provides funding relief The plans would not be able to in- to employers, but it does little to en- crease benefits if they were 75 percent dustry and, I believe, the PBGC, and the American taxpayer. sure that the pension benefits promised funded or less. An application process to workers will be there when they re- would allow companies that are not in I thank the Chair. I yield the floor. The PRESIDING OFFICER. The Sen- tire. those industries to request DRC relief ator from West Virginia. While this short-term patch may be if they were not subject to the DRC in Mr. BYRD. Mr. President, is time necessary to keep the ship afloat for a 2000. while longer, it does not change the This is a temporary modification to controlled? fact that the ship is sinking, and the provide relief to allow airlines to work The PRESIDING OFFICER. It is not. Mr. BYRD. I thank the Chair. Congress has not yet readied the life- through the difficulties they are hav- Is the distinguished senior Senator boats. ing now. I believe this relief will enable from Massachusetts a manager of the The Congress is telling workers that them to move forward and fulfill their bill? once the needs of business have been commitments in the future. It is not going to bring in all of the Mr. KENNEDY. The Senator is cor- addressed, then it can act to ensure plans. It is targeted at airlines and rect. We have had a good discussion by their pensions are fully funded. The steel only, and I understand only a cou- those who are the principal sponsors, Congress is wagering that the pension ple of steel companies would be af- and we are awaiting, hopefully, those system will stay afloat that long. It is fected by this. who would like to amend the bill, but a theme I have noticed repeatedly dur- This legislation is bipartisan. Demo- they have not indicated they are on ing the tenure of this administration. crats and Republicans have been work- their way just yet, so we have some While the top of the economic pyramid ing to try to address some of the con- time. If the Senator would like to receives immediate relief, the hard- cerns and deal with the recognition speak, we obviously would like to ac- working middle class is given only that interest rates have contributed to commodate him in any way. vague promises, uncertain promises of this problem, stock market declines Mr. BYRD. Mr. President, I thank uncertain relief and delayed benefits. I have contributed to this problem, and the distinguished Senator. I always have seen it over and over and over. what would we do to be of assistance to like to be on God’s side, and then I like The corporate elite receives immediate the airlines. But it also makes sure the to be on Senator KENNEDY’s side. If tax cuts, while America’s working- PBGC is not left holding the bag. I there is a choice between the two, why, class families, the people who work think we have come up with the right I think I will pass for the moment. with their hands, the people who get solution. Mr. President, it is not hyperbole to their hands dirty, the people who are Some people will argue the DRC re- suggest that the sky is falling for too soiled in grime when it is time to go lief will actually worsen the financial many American workers. You could home and have supper, are told to wait, standing of the PBGC. I am concerned also say that the ship is sinking. You wait for the economy to survive. about the financial stability of the could say that the mine wall is col- The pharmaceutical industry re- PBGC, but I think this temporary, lim- lapsing, that the dam is giving way, or ceives billions of dollars in taxpayer ited relief will actually be in its best use any number of metaphors for a subsidies while middle-class families interest. If we do not do this, some of looming disaster to describe the cur- wait endlessly for lower drug prices. these airlines will go into bankruptcy rent state of America’s private pension Corporate profits continue to in- and PBGC will have an even more dif- system. crease while middle-class families wait ficult situation on their hands. If these The entire system is wobbling under for those profits to trickle down to companies wind up taking chapter 11, assaults from every direction. On the them. In asking middle-class Ameri- then the pension fund is going to have one side, the stock market plunge has cans to wait for the economy to im- a problem. left the pensions for over 44 million prove, wait for health care costs to go The point might be made: Let’s wait workers underfunded by an estimated down, wait for their wages to rise, it for the bigger pension reform bill. I $350 billion. Last year, the Pension confirms that this administration of

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S163 corporate CEOs and Texas oilmen do in Iraq. What about our own people? series of actions which threaten the not have the slightest comprehension What about our own workers, who with well-being and the livelihood of mil- of the plight of American workers, the their sweat and their toil have built lions of families. As he says these people who work with their hands, who this country and made it the wonder of words, I think it is important that our get their hands dirty, who get their fin- the world? Not coincidentally, almost 2 colleagues and the American people gernails dirty, whose shirt sleeves are million workers earn wages at the stat- understand their significance. dirty. They are the American worker. utory minimum, $5.15 per hour. These He mentions, for example, the failure It is a grim, bleak time for working are real people. It may be hard to com- to act on the minimum wage. It has Americans. Two and a half million jobs prehend that there are people who are been 7 years since we have acted on an have disappeared under this adminis- working for that minimum wage, and increase in the minimum wage—7 tration’s economic stewardship. Most that that minimum wage is the only years. The purchasing power of the of them are in our once powerful manu- thing that stands between them and minimum wage now is just about as facturing sector, which has lost jobs their children and starvation. These low as it has ever been. The minimum for 41 consecutive months. Just come are real people. These are real stories wage, as it is defined, is for people who to West Virginia and see what has hap- about working people in this land of work hard, who play by the rules. This pened. The glass plants have gone. The the free, this home of the brave. These is an issue which affects women be- pottery works have gone. The steel people earn their wages at the statu- cause the majority of recipients of the mills, to a large degree, have gone. The tory minimum of $5.15 per hour. Think minimum wage are women. It affects coal industry, which used to employ of it. Their wages are eroded every year their children because many of the 125,000 men when I first came to Con- by inflation, with the real value of the women have children. So it is a chil- gress, today employs perhaps 15,000, minimum wage dropping. While the dren’s issue. It is a family issue. It is a 16,000, 18,000 workers who mine just as wealthiest taxpayers receive tens of civil rights issue because many of much coal as in the days when there thousands of dollars in tax cuts, the those who receive the minimum wage were 125,000 men working in the mines. administration denies a meager $1.50 are men and women of color. It is a Yes, 1 million jobs have been lost. per hour raise to our most impover- fairness issue because if you work hard Where have they gone? They have gone ished workers. These administration and play by the rules, 40 hours a week, overseas. Eight million workers are un- people who oppose an increase in the 52 weeks of the year, in the country employed, without hope for tomorrow, minimum wage come from the other that has the strongest economy in the listening to their children, listening to side of the tracks. world, that is the United States of their spouses, saying: Where will we To quote President Franklin Roo- America, you should not have to live in go? What will we do? What will happen sevelt, the test of our progress is not poverty. to us? whether we add more to the abundance We have been blocked, as the Senator Eight million workers are unem- of those who have much, it is whether remembers, by our friends on the other ployed. Half a million discouraged we provide enough for those who have side from even having a vote. We have workers have dropped out of the labor too little. a majority in this body who support an pool saying there is no hope; hope is After three colossal tax cuts, this ad- increase, but we are blocked. gone; the hope to which I held for these ministration has denied much to those The Senator speaks about unemploy- many days, these many weeks, these who have little in order to provide ment compensation. The Senator well many months is gone. Three and a half more to those who have much. The knows there are 90,000 workers a week million workers are collecting unem- American worker—have you ever been who are losing their unemployment ployment benefits, with an average a worker? The American worker has compensation. Our friends on the Re- 350,000 workers signing up for benefits once again become the forgotten man. publican side, have blocked even a tem- each week. At the same time, 80,000 While the administration is offering porary extension on it—90,000 a week. jobless workers are exhausting their only vague promises of hope, the Amer- Overtime? Eight million. I discussed unemployment benefits each week, ican workforce is forced to endure the this earlier today. I am not sure wheth- forcing them to cut back on health most hostile assault in decades. The er the Senator is familiar, I am not care, forcing them to cut back on food Bush administration has tried to repeal sure how many Americans are familiar, purchases. Workers are losing their the 40-hour workweek and strip work- with the definition of professionalism health insurance. Two and a half mil- ers of their right to overtime pay. in the Labor Department’s proposed lion more people joined the ranks of Think of that. It has attacked the civil regulation, which will make American the uninsured last year, the largest service system. It has repealed the workers ineligible for overtime. This single increase in a decade. Think of safety rules necessary for the protec- definition will include training re- that. tion of America’s workers. It has ne- ceived in the Armed Forces of this Put yourself in the shoes of these glected their health and safety in the country. There are 200 different train- who go to bed hungry, who go to bed workplace. Now the administration is ing programs that men and women re- with heavy burdens, the burdens of for- blocking an increase in the Federal ceive in the Armed Forces. They go for lorn hopes. With health care costs spi- minimum wage. this training, they serve in Iraq with raling out of control, 44 million people It is blocking efforts to provide un- the finest military in the world, and must do without health insurance. Re- employment benefits to jobless work- then they come back, and are hired tired workers are forced to do without ers. It is trying to push through a rule here, and under the Bush proposal on lifesaving drugs, without digoxin, with- to strip 8 million workers of their hard- overtime, can be denied overtime pay out Coumadin, without Singulair. For earned overtime pay. And it does so al- because they have received training in those workers with health insurance, ways with the promise that these bene- the military. the out-of-pocket costs are soaring, fits for businesses and the corporate Can someone possibly tell us why? more than doubling for employees of elite will one day trickle down to the Why would the administration include large companies since 1998. Costs are middle class. This is not the record of training programs in the military? An up sharply and going up more, too, for an administration that understands important incentive for many young workers who pay monthly premiums the needs of working families. people to join the military is to get the but rarely see a doctor. Worker pen- Mr. KENNEDY. Will the Senator be education and training. I see my friend sions are in danger, with the Federal good enough to yield? from Tennessee, who served as a Sec- pension insurer taking over 122 plans Mr. BYRD. Yes. retary of Education. He knows the last year, slashing the pension benefit The PRESIDING OFFICER (Mr. value of education and training. Here promised to over 200,000 workers. Two CRAPO). The Senator from Massachu- we find the training which veterans of million additional Americans fell into setts. our military have received while serv- poverty in 2002. Mr. KENNEDY. I commend my friend ing our country will make them ineli- Yes, we can afford to rebuild the oil from West Virginia on speaking of the gible for overtime pay. This proposed pipeline, the oil wells in Iraq. Yes, we forgotten man, the worker of this rule would also deny overtime, to fire- can afford to rebuild the infrastructure country, because he has just listed the fighters, police officers, and nurses.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S164 CONGRESSIONAL RECORD — SENATE January 22, 2004 The Senator, when he speaks about think? The Republicans of that day lican-controlled Congress for ignoring the forgotten man, speaks wisely about would not have stood for it. They be- the plight of American workers, work- his people in West Virginia, but he lieved in the American system. They ers who Roosevelt claimed had become speaks for all those workers in my believed in the Constitution. This is a the ‘‘forgotten man’’ under the Hoover State, too, and I daresay for workers disgrace. It is a shame, the way this administration’s top-down economic around this country. He mentions Congress has acted, the way the Repub- policies. these words, these words that have real lican leadership in both Houses, and I am glad I lived in the Great Depres- meaning: before eliminating overtime the White House, has acted in dealing sion. I am sorry we had to have one, pay, consider the family that is strug- with the taxpayers’ money, the work- but since we had one, I am glad I lived gling to pay the mortgage, feed their ing people, the common people. in the Great Depression. I am glad that family, clothe their family—people You know, I say to the distinguished there are a few people still alive in this who are working hard. Senator from Massachusetts, I came country who remember the Great De- The final point I want to mention to into this world and was an orphan after pression. the Senator, although I know he knows 1 year. The ‘‘present condition of our Na- this already, is that this proposed regu- I grew up in a coal miner’s home. I tion’s affairs is too serious to be viewed lation works against women. Many of married a coal miner’s daughter. Some through partisan eyes for partisan pur- the professions which will be denied leaders of this administration ought to poses,’’ the future President Franklin overtime pay are professions domi- know what it is to have to buy a stick Delano Roosevelt charged. ‘‘These un- nated by women, wives, mothers, work- of pepperoni, a piece of longhorn cheese happy times call for the building of ing hard, trying to provide for their and a box of crackers, sit down on rail- plans that rest upon the forgotten, the families, playing by the rules. road rails and eat that humble fare, unorganized but the indispensable There are many things wrong with and what is left put into a paper bag to units of economic power, for plans . . . our economy. But maybe the good Sen- eat the next morning for breakfast. that build from the bottom up and not ator from West Virginia can tell me, of This crowd down here in the White from the top down, that put their faith all the things that are wrong with our House doesn’t know what it is. They once more in the forgotten man at the economy, why is it that singling out come from the other side of the tracks. bottom of the economic pyramid.’’ The these working families for a reduction They do not know what it is to get forgotten man. in pay is so important? I just cannot their hands dirty working long hours I urge Senators to heed those words understand it. The Senator was here at night, working to scratch out a liv- and to offer workers more than just when we voted in this body against the ing for their spouses and their children. ideologically based promises that administration’s proposal. The House They do not know what it is to walk would have us view the plight of Amer- of Representatives voted against it. into a coal miner’s home and go to the ica’s workers from the top down, rath- Then in the middle of the night the cupboard and look and see what that er than from the bottom up. provision preserving overtime pay was family has left to eat. No. They grew This year, the Congress must extend stripped out of the omnibus bill. I up in the corporate boardrooms of this unemployment benefits. It must pro- know that is an enormous concern to country. They do not know what it is. tect workers’ pensions. It must in- many families. When God turned man out of the Gar- crease the minimum wage. It must pro- I just want to know whether the Sen- den of Eden and told him to earn his tect the overtime pay of our Nation’s ator doesn’t believe we ought to be ad- bread by the sweat of his brow, that workforce. dressing issues in this Congress that has been the lot of the workingman. The administration has invested its are necessary to protect the interests Then to see that workingman further energies, its resources, its political for- of the working people. Does he join in trampled by the policies and programs tunes in those at the top of the eco- the challenge this presents? Does he of this thoughtless administration is a nomic pyramid, and this administra- join me in saying to those workers who story in itself. tion has abandoned—abandoned—the are listening to the Senator from West This is not the record of an adminis- workers at the bottom of the economic Virginia, we are not going to let them tration that understands the needs of pyramid. The elected representatives down, we are going to battle on these working families. American workers of the people in this Chamber must not issues on the days ahead? are sinking on the Titanic and this ad- do the same. Mr. BYRD. Mr. President, the very ministration can only promise workers I close with Edwin Markham’s poem. able Senator from Massachusetts, Mr. to send back the lifeboats once the THE RIGHT TO LABOR IN JOY KENNEDY, has led this fight to increase first-class passengers have been taken the minimum wage time and time and Out on the roads they have gathered, to safety. A hundred-thousand men, time again. I admire him for it. I recall the great Titanic. It went To ask for a hold on life as sure Yes, this administration has joined down I believe on April 15, 1912. I be- As the wolf’s hold in his den. in the maiming and the raping of the lieve 1,517 passengers and workers on Their need lies close to the quick of life Constitution and the rules of the Sen- that great Titanic went to their deaths As rain to the furrow sown: ate and in doing as it did with respect in the depths of the deep blue ocean. It is as meat to the slender rib, to the items that were changed in con- Now this administration promises As marrow to the bone. ference, the items that were added in workers to send back the lifeboats, but They ask but the leave to labor conference, the items that passed each only after the first-class passengers For a taste of life’s delight, of the two Houses and were deleted in have been taken to safety. For a little salt to savor their bread, conference. What a shame. What a dis- Americans would have to look back For houses water-tight. grace. I have been a Member of Con- to the Hoover administration during They ask but the right to labor, gress 51 years, going into 52 years, and the nadir of the Great Depression to And to live by the strength of their hands— I have never seen such a disgraceful act find an administration that has treated They who have bodies like knotted oaks, as that which was done while you, the workers more shabbily. I grew up in And sinews like iron bands. American working people out there, that Hoover administration. The first And the right of a man to labor, were asleep—were asleep. These 20 years I was in politics, I campaigned And his right to labor in joy— Not all your laws can strangle that right, changes were being made behind closed against the Hoover administration. It Nor the gates of hell destroy. doors. The minority was not present. was gone but not forgotten. I have seen For it came with the making of man, What would John Taber, the Repub- those window shades, those boarded-up And was kneaded into his bones, lican chairman of the House Appropria- windows on the store buildings and And it will stand at the last of things tions Committee when I came to the business places and homes of people in On the dust of crumbled thrones. House—what would he think of this un- southern West Virginia. They were I yield the floor. derhanded method of operating? What called ‘‘Hoover window shades.’’ Mr. KENNEDY. Mr. President, I sug- would Joe Martin, Speaker of the In 1932, Presidential candidate gest the absence of a quorum. House of Representatives from Massa- Franklin Roosevelt blasted the Hoover The PRESIDING OFFICER. The chusetts in that day—what would he administration and blasted the Repub- clerk will call the roll.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S165 The assistant legislative clerk pro- Pension Benefit Guaranty Corporation, way to providing that temporary relief ceeded to call the roll. and that is where we begin to run into and that confidence that is going to be Mr. DASCHLE. Mr. President, I ask some very serious problems. required if we can ensure we begin to unanimous consent that the order for We have 35 million Americans cov- turn around the circumstances we are the quorum call be rescinded. ered by single-employer plans and 9.7 facing in this perfect storm today. The PRESIDING OFFICER. Without million Americans covered by multi- One of the most important aspects of objection, it is so ordered. employer defined benefit pension plans. this legislation, in my view, is the Mr. DASCHLE. Mr. President, I know What has happened, of course, over third piece of the proposal that I have we will have more opportunity to de- the last couple of years in particular— just described which deals with multi- bate this legislation in the coming but it goes back longer than that—is employer plans. I am concerned, frank- days. I wanted to come to the floor for that a perfect storm has been created ly, that we may sometimes minimize a few moments to express my gratitude that has caused grave concern to those the importance of these plans and not and my admiration to those colleagues analyzing the viability of these pension fully appreciate the magnitude of their who have worked so diligently to bring plans. The perfect storm involves a importance to millions of workers. us to this point. We deal with a lot of number of factors that threaten the Those 9.7 million workers have only divisive issues in the Senate. We just very essence of defined benefits as we this to fall back on. We need to be fully dealt with one moments ago, the Omni- have known them now for so long. appreciative of the importance these bus appropriations bill. People some- The first factor in the defined benefit plans have in the daily lives of the times ask me, as I travel the country plan was a prolonged downturn of the American workers today. and in my home State: Why don’t you stock market during this administra- What they allow workers to do is all ever get together on something? tion, the longest downturn we have had earn pensions under many different Here is an illustration where Repub- since the Great Depression, almost 70 employers, as I said a moment ago, licans and Democrats have gotten to- years ago. We have had extremely low helping workers in short-term or sea- gether with a work product that I 30-year Treasury bond interest rates, sonal employment. We are talking think merits our support, and I say our and that, too, has contributed to the about construction, hospitality, enter- enthusiastic support. Senator KEN- funding problems some defined benefit tainment, sometimes retail. This is NEDY, of course, one of our key spon- plans face. Then we have had weak eco- their only opportunity. They have no sors of this legislation, particularly de- nomic conditions, which means compa- real access to retirement security un- serves great thanks and great recogni- nies cannot afford to make the pay- less they have access to a multiem- tion for the work he has done to get us ments and pay the excise tax imposed ployer plan. They couldn’t earn pen- to this point. in the pension laws themselves. sions in the single-employer system. It We have a pension time bomb in this So we have one of the worst eco- doesn’t exist for them. Multiemployer country. That time bomb is going to nomic circumstances that could pos- plans provide pensions to low-wage explode with even greater impact on sibly befall these pension plans as pen- workers—hotel workers, restaurant the lives of millions and millions of sion designers and pension officials workers, janitors, the people who work Americans unless we begin dealing were attempting to struggle with the through the night oftentimes so that with the issues of retirement security. responsibilities and the direct legal re- the buildings are clean when we come A couple of nights ago, when I had quirements provided of these pensions. back; the people who oftentimes are the pleasure of responding to the State That is why this legislation is so im- the workers in the kitchen. of the Union, one of the points that I portant. This legislation addresses that This is a critical source of pensions made and I know is shared by my col- perfect storm. It addresses the cir- for employees in small businesses as leagues, especially on this side of the cumstances we are now facing across well. In South Dakota, that is the bulk aisle, is on the issue of pension secu- the country. of our business community—small rity. Retirement security is increas- What the Grassley-Baucus-Gregg- business. We have thousands and thou- ingly becoming an issue of great inter- Kennedy legislation provides is only sands of small business employees who est and concern to not only our retir- temporary relief but, nonetheless, im- have absolutely no access to pensions ees but to so many of our workers who portant and essential relief if we are today were it not for the multiem- are today concerned about whether going to deal with this perfect storm of ployer system that we created. they can retire at all as a result of the circumstances. We are talking about a serious con- problems with pensions. The legislation temporarily replaces cern and, I would say, a serious re- I have some charts I know have al- the 30-year Treasury bond with a cor- sponse to that concern as we consider ready been used, but in case others porate bond rate. That will help sta- this legislation today. missed the opportunity to walk bilize these circumstances and begin I think this chart lays out very viv- through these charts and to hear the putting some greater confidence within idly in a picture what I just described explanation of this legislation, I want the system. in more rhetorical terms. The multi- to share a couple of observations, first It provides targeted additional def- employer plans provide some help to about our circumstances, and then why icit reduction contribution relief to the workers in virtually all industries: 15.2 I believe this bill is as good as it is. hardest hit industries. We can walk percent of those 9.7 million Americans This chart talks about the defined through those, but there are some, are in manufacturing; 14 percent in re- benefit plans that are currently avail- such as the airline industry, that are tail trade; 15 percent in services; al- able, and we have defined benefit plans really suffering very serious con- most 10 percent in truck transpor- that have worked well over the course sequences as a result of this perfect tation; and 38 percent in construction. of the last 50 or 60 years, in particular. storm. Some industries have been hurt This chart in particular caught my Thirty-five million Americans are cov- worse than others. Airlines, perhaps, attention because we are talking about ered today by plans that have been in- have been hurt the hardest of all. South Dakota, and we are talking corporated and utilized within corpora- The legislation also provides tem- about rural States in particular, but tions and businesses to provide a de- porary relief to the multiemployer pen- we could be talking about any State. fined benefit at retirement. sion plans by giving employers and Multiemployer plans provide literally Mr. President, 9.7 million Americans workers time to negotiate changes to tens of thousands of small employers are covered by multiemployer pension the contributions and benefits in order with the opportunity to provide com- plans, only a fraction of what single- to preserve these pension plans in the petitive, comprehensive benefit plans employer defined benefit plans entail, first place. to their employees, which would other- but both the multiemployer and single- Again, this is a very commonsense wise be too expensive and administra- employer plans are currently the ones approach, an opportunity for us to say, tively too complex for them to provide that are causing employers, employees, at least in the short term, that we rec- on their own. and retirees very serious concern. ognize the problem. We understand this As so many of my colleagues know, Only defined benefit plans provide a is not going to be resolved with only one of the concerns we have in our secure monthly benefit backed by the these actions, but this will go a long State is young people taking flight,

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S166 CONGRESSIONAL RECORD — SENATE January 22, 2004 leaving our State, once having been AMENDMENT NO. 2233 (A) beginning on the first day of the first educated. We oftentimes in our State applicable plan year with respect to the plan, (Purpose: Substitute amendment to and compare it to a good crop. The crop is amend the Internal Revenue Code (B) ending on the last day of the second grown, it is nurtured, and then some- of 1986 and the Employee Retire- plan year following the last applicable plan body from out of State comes along ment Income Security Act of 1974 year with respect to the plan. with a combine, harvests the grain, to temporarily change the deter- For purposes of this paragraph, the term takes it to another country, sells it, mination of the interest rate used ‘‘applicable plan year’’ has the meaning and makes a profit. for funding and other purposes from given such term by section 412(l)(12) of the use of the 30-year treasury bond Internal Revenue Code of 1986 and section In some ways that is a little bit like rate to a composite corporate bond 302(d)(12) of the Employee Retirement In- our young people. We educate them, rate, and for other purposes.) come Security Act of 1974 (as added by this nurture them, teach them our values, section). Mr. GRASSLEY. Mr. President, I and then somebody comes along and Mr. KYL. Mr. President, let me de- send an amendment to the desk and scribe briefly what the background of hires them away before the first em- ask for its immediate consideration. ployer has a chance. One of the reasons this amendment is and what the The PRESIDING OFFICER. The amendment will do—the effect of the they are able to hire them away is of- clerk will report the amendment. amendment is actually quite simple— The bill clerk read as follows: tentimes they can provide better wages and then I will discuss the reasons for and better benefits. The Senator from Iowa [Mr. GRASSLEY], for it. himself, Mr. BAUCUS, Mr. GREGG, and Mr. As you are aware, the background of Well, this is an opportunity for South KENNEDY, proposes an amendment numbered Dakotans, South Dakota small busi- 2233. this legislation is the House-passed bill, H.R. 3108. An amendment to that nessmen and other rural small busi- Mr. GRASSLEY. Mr. President, I ask bill has been offered by the chairman of nesses, to say, look, we have an oppor- unanimous consent that the reading of the Finance Committee, the ranking tunity to keep you in our State, to pro- the amendment be dispensed with. The PRESIDING OFFICER. Without member, and others that would make vide you with a competitive pension some corrections to the House bill, benefit, so you do not have to leave and objection, it is so ordered. (The amendment is printed in today’s H.R. 3108 and, among other things, pro- go to a big city. That is important as RECORD under ‘‘Text of Amendments.’’) vide for a partial waiver of some pay- well to small businesses that otherwise Mr. GRASSLEY. Mr. President, I ments that otherwise would be made are not able to be competitive. suggest the absence of a quorum. into the fund that helps to guarantee The PRESIDING OFFICER. The the pension benefits of employees. So this is not just a retirement bill; We are aware of the fact that the this is not just a pension security bill. clerk will call the roll. The bill clerk proceeded to call the Federal Government has undertaken a This is legislation that will provide roll. responsibility for ensuring that pen- competitiveness to small businesses, Mr. KYL. Mr. President, I ask unani- sions which are funded by employers whether it is in any one of the indus- mous consent that the order for the will actually be there when the em- tries I mentioned. We have to find ways quorum call be rescinded. ployees need to collect on those pen- to ensure that we level the playing The PRESIDING OFFICER (Mr. COR- sions. But in some cases, corporations field between big business and small. In NYN). Without objection, it is so or- run out of money, go bankrupt, go out of business, or otherwise can’t meet part, this legislation will do it. dered. AMENDMENT NO. 2234 TO AMENDMENT NO. 2233 these obligations. In that situation, So I will end where I started. I am Mr. KYL. Mr. President, I have a sec- the Federal Government has to step in very appreciative of the efforts made ond-degree amendment at the desk. and has agreed to do so under certain by our colleagues to get us to this The PRESIDING OFFICER. The terms through the Pension Benefit point, to contribute to public policy in clerk will report. Guaranty Corporation. As a result, we a way that I think will send hope to The assistant legislative clerk read have an obligation to ensure that the millions of workers and retirees who as follows: funding for these contingent liabilities is secure. Part of the way we do that is are concerned about being right in the The Senator from Arizona [Mr. KYL] pro- poses an amendment numbered 2234 to to ensure that the employers that center of that perfect storm today, amendment No. 2233. make the obligations to their employ- and, of course, to millions of small Mr. KYL. Mr. President, I ask unani- ees pay in enough money to be able to businesspeople who want very much to mous consent that the reading of the pay for the benefits they have prom- be able to provide benefits in a mean- amendment be dispensed with. ised. ingful way and therefore compete, as The PRESIDING OFFICER. Without The problem is that some of these they do so effectively each and every objection, it is so ordered. corporations are not in very good day, in our free market system today. The amendment is as follows: shape. As a result, there is a fear that they are not going to be able to make So I likely will have more to say (Purpose: To limit the liability of the Pen- sion Benefit Guaranty Corporation with re- the contributions they need to make in about this legislation prior to the time spect to a plan for which a reduced deficit order to pay the benefits to their em- we vote on final passage. I again thank contribution is elected) ployees when the time comes. my colleague Senator KENNEDY for his At the end of section 3, insert: As a result of this concern, what we leadership and those who have brought (ll) LIMITATIONS ON PBGC LIABILITY FOR have done is to say these corporations us to this point. This is good legisla- PLANS TO WHICH ALTERNATIVE DEFICIT RE- need to make some catchup payments DUCTION CONTRIBUTION APPLIES.— tion. It merits our support. to ensure the money will be there. This (1) IN GENERAL.—If a plan with respect to is necessary in part because of a tech- which an election under section 412(l)(12) of I yield the floor, and I suggest the ab- nical problem in the way that the fund- sence of a quorum. the Internal Revenue Code or section 302(d)(12) of the Employee Retirement In- ing was fixed based upon a U.S. Gov- The PRESIDING OFFICER (Mr. come Security Act of 1974 (as added by this ernment security that is no longer SUNUNU). The clerk will call the roll. section) is made terminates during the appli- issued, as a result, we are having to cable period, the maximum guarantee limi- substitute a different basis for the pay- The bill clerk proceeded to call the tation under section 4022(b)(3) of such Act, ment which will be a blended corporate roll. and the phase-in rate of benefit increases bond rate, a technicality, but that is Mr. GRASSLEY. Mr. President, I ask under paragraph (5) or (7) of section 4022(b) of going to be the basis for a couple of such Act, shall be the limitation and rates years of contributions for corporations unanimous consent that the order for determined as if the plan terminated on the the quorum call be rescinded. day before the first day of the applicable pe- until another method is devised. In the meantime, corporations whose The PRESIDING OFFICER. Without riod. (2) APPLICABLE PERIOD.—For purposes of pensions are underfunded are being re- objection, it is so ordered. paragraph (1), the term ‘‘applicable period’’ quired to make up some of these con- means, with respect to any plan, the period— tributions, and it is called the deficit

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S167 reduction contribution, or the DRC, to make them, but we would like to have fiting here. Finally, it is a big loss to reduce the deficit that has been created the Federal Government bail us out. the American taxpayer if the taxpayer and that we need to make up if the The Pension Benefit Guaranty Cor- ends up on the hook for these deficits. money is going to be there for the em- poration right now estimates $400 bil- As I said, the PBGC reported a deficit ployees when it comes time to collect lion in unfunded liabilities. That is a of $11.2 billion in its single-employer their pensions. lot of money to be backing up. Last insurance plan for fiscal year 2003, This deficit reduction contribution, year their deficit was $11.2 billion. which is a record deficit. Even though according to the amendment offered by The amount of the waiver we are it estimates it will have assets suffi- Senators GRASSLEY, BAUCUS, GREGG, talking about is about $16 billion in cient to meet obligations for the fore- and KENNEDY, as I understand it, would benefits. So according to the relief that seeable future, the PBGC estimates the apply to those entities that are 90-per- is being granted by this partial deficit sum total of all the single-employer cent funded or less. In other words, reduction contribution waiver, the pension plan underfunding amounts to where the plan does not fund its bene- PBGC, or the Pension Benefit Guar- about $400 billion, and it is Congress, fits at 100 percent, can’t pay 100 per- anty Corporation, would lose about $16 meaning Congress on behalf of all U.S. cent, it can only pay 90 percent or per- billion worth of funding relief. That is taxpayers, who will be held responsible haps even less. So for those entities money that obviously may be required to bail out the Pension Guaranty Board that are in this kind of financial shape, at some future date but will not be rather than to allow the entire insur- they are going to have to make a def- there because we are not asking these ance system to collapse. icit reduction contribution, a special companies to pay in that amount of In my view, these waivers are the catchup contribution. money. wrong thing to do for the employees, Under the amendment, they are Another loser: We think it is unfair for the competitors, for the system, going to actually be given a waiver of to the healthy plans, to those corpora- and certainly for the American tax- part of this contribution. The idea is tions and employees who have actually payer. Companies that habitually that they can’t afford to make the full been part of businesses that have paid underfund plans should not be bailed contribution; therefore, we are only attention to their economics, have en- out at the expense of others. I think going to make them pay part of it. In sured they are putting enough money the primary reason we are even think- fact, we are going to waive 80 percent into their pensions to fund the benefits ing about doing this is because at least under the amendment—80 percent of that their employees are due. one of the companies that would be eli- this obligation—in the first year and 60 If the underfunded plan fails to pay gible simply cannot post the security percent of the obligation in the second the amount they are supposed to and or the bond that is required to obtain a year. That means they are only mak- the insurance premiums then go up, general funding waiver from the Treas- ing 20 percent in the first year and 40 the healthy plans are the ones that end ury Department. percent in the second year of the obli- up paying that difference. I believe it is Let me make a point that in the law gation they have. These are corpora- unfair to excuse these companies that there is already an ability of these tions that are in difficult financial con- have made the promises and then not companies to seek a waiver. It is the dition right now and cannot pay the require them to go ahead and pay that general waiver authority that can be full 100 cents on the dollar that their money and fulfill their promises. sought from the Treasury Department. employees would be entitled to when It is also unfair to competitors. Stop To do that, you have to prove some those employees attempt to collect and think about an airline, for exam- things. You have to post a bond and their pensions. ple. I feel this may well be the situa- you have to prove some things to the We clearly have a difficult situation tion because the waiver is granted to Department of the Treasury. Why can’t here. The purpose of the amendment, certain airline companies that need it, these companies go through that proc- obviously, is to have them pay some- allegedly, and to a couple of steel com- ess? Why do they need special relief thing in and try to stay economically panies. It is a very selected kind of from the Congress to bail them out? Is viable in the meantime. The concern, waiver. The competitors of the air- it too much to ask that they just fol- of course, of the Pension Benefit Guar- lines—the airlines that have been try- low the current law and apply for the anty Corporation and others is that all ing to watch their pennies and not regular waiver as they have the right we are doing is digging the hole deeper overcommit themselves in their pen- to do today? It seems to me that would or, in effect, throwing bad money after sions—will be at a disadvantage. They be the appropriate way to handle this. good is another way of putting it. have made their commitments to em- We have the amendment before us, What we are doing is giving compa- ployees. They have paid the money and the reason I have offered this sec- nies that might well fail a chance to into their pension plans to make sure ond-degree amendment is at least in incur further obligations, not pay for they can pay those commitments to one small way it limits the liability of those obligations, and then put the employees, and now their competitors, the taxpayers should things go wrong. taxpayers at risk for the additional ob- that maybe have overpromised or are That is the purpose for this amend- ligations incurred during this 2-year now going to be underfunding, will be ment. period of time. That is the risk. That is able to take that difference and apply Now what is it? It is called a hold- the concern we have. it to other aspects of their business to harmless provision. What it says is the Clearly, if that transpired, there compete with the airlines that have PBGC, the guaranty board, would be would be several losers. In the first done a good job. held harmless for any benefit accruals place, this partial waiver would be There is nothing that says they can- that occurred during the waiver pe- harmful to the workers themselves be- not take the difference and undercut riod—the waiver period is 2 years—or cause they jeopardize the expected pen- the other airlines in terms of their fare that occur 2 years after that. If a plan sion benefits, especially for those structure. That could easily happen, fails during this DRC waiver period, or workers who are supposed to receive and there is nothing we have here that within 2 years after the waiver period, larger pensions than the Pension Ben- precludes that from happening. That is then the PBGC would only have to fund efit Guaranty Corporation will actu- a very big concern I have. the benefits that accrued up to the ally guarantee. We should not be playing favorites, time the waiver was claimed. It would One category of people is airline pi- one company against another, in a par- not have to finance any benefits that lots, for example. So companies should ticular business, and the airline busi- accrued after the waiver was claimed. be required, in my view, to fund their ness is certainly one in which this If you stop to think about it, this pension promises to their employees. might apply. In effect, it is a backdoor makes very good sense. It is obviously They should not be excused from these bailout for some companies, those who important to protect the going busi- promises because, in effect, what they have not been able to fund the benefits nesses, the healthy plans, and the tax- are doing is making bargains that are they have promised to their employees. payers with this kind of hold harmless. easy to make with unions and with It seems to me, therefore, another po- One of the big dangers with this others, promising to make payments, tential loser are the competitors of the waiver of these companies that are not and then saying: We are sorry, we can’t airlines we would actually be bene- funding their pensions adequately is

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S168 CONGRESSIONAL RECORD — SENATE January 22, 2004 these plans claiming the waiver are the taxpayers. It has to do with the Government was no longer issuing the going to fail, anyway. The whole point fact that I think it totally reasonable securities on which the formula was of doing this for them is they are very to ask these companies if they are based. close to failing, and the argument going to ask for this waiver today that There were different choices we could made on their behalf is they are about that be it, that they not be asking for have made. I thought the Treasury De- to fail. You do not want them to fail, any more waivers in the future. partment had the best solution, but do you? You do not want the Govern- The other idea I have that I will per- that solution would have required the ment to have to make good on all of haps offer later is a plan that accepts companies to pay in more money than these pension guarantees. Let’s keep this DRC funding waiver we are offer- they were willing to pay in. That prob- going for a little while longer, and if ing in the original amendment would ably is the most fiscally sound. But we waive the pension benefit they have then not be able to apply for a general what was decided on as a compromise to pay in, the amount of the contribu- funding waiver for 2 years after the was this temporary corporate bond tion they have to pay in, then maybe waiver period ends. Otherwise, all we rate. I do not think that is enough to they can stay in business a little are doing is essentially postponing the assure the corporation pension benefits longer. inevitable. If they intend to file for a will be secure, but that is what is be- Well, maybe they can; maybe they general waiver after 2 years, they can fore us. cannot. That is a big gamble we are clearly file for a general waiver today. By itself, I would be willing to sup- taking. What we are saying in the leg- If they think they can prove the case port that for a couple of years. But islation is, all right, we will try to help that they need to get that general what I am not willing to support is this keep you afloat for another couple of waiver from the Department of the waiver of the payment for just two years, but if you fail during that period Treasury in 2 years, then they could do companies in one business, steel, and of time or within 2 years of that period it today. certain airlines that say they need it of time, we should not be on the hook. In effect, under the manager’s and for some reason don’t want to go We are doing our part to bail you out, amendment, they have a 2-year holiday the general waiver route. I think this but we are not going to pay all of your for making their full DRC payments, is entirely too generous. past benefits, all of the benefits that which are designed to bring their plans But if we are going to do that, then have accrued to date, plus the benefits into full funding. I believe it would be I say at least let’s ask for a ‘‘hold you accrue from now forward by virtue inappropriate to allow a plan that harmless’’ during the period of the of the fact that we have put in the claims this 2-year DRC waiver at the waiver and for a period of 2 years after- money, or conversely we have granted end of that period to then seek the gen- ward so at least we, the taxpayers, are a waiver to you so you can stay in busi- eral waiver for 2 more years, and would not liable for new benefits accrued dur- ness during this period of time. note the fact that the companies that ing this period of time that we are try- We would in effect be saying we will apply to the Treasury for this have to ing to help these companies out. That, help you stay afloat to incur new bene- show there is a substantial business I think, is the least we could expect. fits that then we are going to pay for, hardship—they ought to be able to I hope we will have a chance to visit and it would be unfair for the tax- show that—that it is temporary. If it is a little bit more on this with col- payers to be on the hook for that. So not temporary, then I do not know why leagues when they are here on Tuesday this hold-harmless provision would we are throwing taxpayer money at the or perhaps on Monday morning, and we mitigate this potential. It would limit problem in the first place. can have a vote at that time. There- the drains on the healthy plans. It It is reasonable to expect the plan fore, for the time being, that is the ex- would limit the amount of the money cannot continue unless the waiver is tent of my discussion on this par- the taxpayers would be on the hook granted. That is in effect what at least ticular amendment. for, and I think it is eminently fair. It one of these companies has been telling Mr. President, seeing no other Mem- seems to me to be impossible for these Members of Congress that they have to ber here, I suggest the absence of a companies to argue that not only have this relief or else they are not quorum. should they have this special benefit going to be able to stay in business. At The PRESIDING OFFICER. The nobody else has, that gives them an ad- that point then the Secretary of the clerk will call the roll. vantage over their competitors, that Treasury can demand of them some se- The assistant legislative clerk pro- keeps them in business a little while curity, some kind of bond, and grant ceeded to call the roll. Mr. FRIST. Madam President, I ask longer, not only should they have that this waiver. and put at risk for the American tax- I do not know why that general au- unanimous consent that the order for payers that they are going to have to thority in the statute today is not ade- the quorum call be rescinded. The PRESIDING OFFICER. Without get bailed out, but also during this pe- quate to take care of this problem and objection, it is so ordered. riod of time that they are trying to get why we have to grant this specific back on their feet charge the taxpayers waiver. It seems to me if we grant this f with the new benefits that are accrued specific waiver, then it is not unfair to MORNING BUSINESS during that period of time. That is ask them to commit to us that they Mr. FRIST. I ask unanimous consent what the hold harmless is designed to are not going to seek additional waiv- there now be a period of morning busi- try to protect against. We will take ers after that. ness, with Senators permitted to speak care of the benefits you have incurred But, again, that is something that I for up to 10 minutes each. up to now, but nothing incurred from think makes sense. I may offer that The PRESIDING OFFICER. Without now forward during this 4-year window amendment later. But the amendment objection, it is so ordered. that I do offer, which I think is emi- of time. That seems to be eminently f reasonable to me, and what I hope is nently reasonable and which I cannot that even though this will not be voted imagine my colleagues would not sup- VOTE EXPLANATION on until probably next Tuesday, my port, is simply an amendment that Mr. DOMENICI. Madam President, colleagues could take a look at this, would hold the taxpayers harmless for today, Thursday, January 22, I am nec- consider whether it is worth sup- events that occurred during the period essarily absent because I am needed in porting, and perhaps we could—I will of time this specific waiver is in effect, New Mexico. Today, President George not even call a rollcall vote if Members and for a period of 2 years after that. W. Bush is visiting Roswell, NM to ad- are willing to support the amendment I conclude by saying I think we are dress the pressing issue of terrorism. and we can prevail on it, but I do insist on a bit of a slippery slope with this Not only do I have the pleasure of wel- we get this passed. entire approach. It was entirely appro- coming the President to my home There is another amendment I will priate for the House of Representatives State, but I also have the distinct file, but I do not intend to send to the to focus on the need for some kind of honor of introducing him at his speech desk at this time, that I think would temporary substitute formula for con- in Roswell. further strengthen the situation so it tributions because the old formula Roswell is home to the International is not quite as big a potential drain on clearly couldn’t work anymore. The Law Enforcement Academy and a short

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S169 drive away is the Federal Law Enforce- service in the Senate. In addition to in Operation Iraqi Freedom. Jarrod ment Training Center in Artesia. These title IX, he also helped craft the Equal leaves behind his father, Bill, his moth- two outstanding facilities are playing Rights Amendment, which has been er, Jane, his wife, Shawna, his brother, critical roles in the ‘‘War on Ter- ratified by 35 States, including my Brandon, and his sons, Jacob and rorism.’’ home State of Connecticut. I would Jason. Only 1 week after being de- Were I present today, I would vote like to thank Senator Bayh as well as ployed to Iraq the young couple found ‘‘yea’’ on the Omnibus Appropriations the many others who helped make title out that they were expecting a baby bill, H.R. 2673. IX a reality. In particular, I’d like to girl. May she grow up knowing that her f recognize my friend and colleague Sen- father gave his life so that young Iraqis ator TED STEVENS for his role as the will some day know the freedom she HONORING SENATOR BIRCH BAYH lead Senate cosponsor, as well as the will enjoy. Mr. DODD. Mr. President, I rise in bill’s sponsors in the House, the late Today, I join Jarrod’s family, his tribute to a distinguished public serv- Edith Green of Oregon and the late friends, and the entire Peru commu- ant, and a member of the Senate for 18 Patsy Mink of Hawaii. nity in mourning his death. While we years, Senator Birch Bayh of Indiana. And last but certainly not least, I’d struggle to bear our sorrow over his Today, Senator Bayh is celebrating like to express my appreciation and ad- death, we can also take pride in the ex- his 76th birthday. Earlier this week, I miration for the countless girls and ample he set, bravely fighting to make had the privilege of participating in an women in America over the years who the world a safer place. It is this cour- event honoring Senator Bayh at the fought to open doors that for so long age and strength of character that peo- University of Connecticut. Senator were closed to them—from schools to ple will remember when they think of Bayh was recognized for his role as a offices to military bases to voting Jarrod, a memory that will burn chief architect of title IX, the historic booths. The long journey towards gen- brightly during these continuing days legislation that prohibits discrimina- der equality is not yet complete. But of conflict and grief. tion against women in education. achievements like title IX show that Rowland Garver, Jarrod’s grand- Before title IX became law in 1972, there has indeed been taken great and father and an Air Force veteran of 20 American women and girls were treat- meaningful strides in the right direc- years, told Jarrod’s hometown paper, ed as second-class citizens in our edu- tion. the Peru Tribune, that the death of his cational system. They were discour- grandson brings home the reality of f aged from studying subjects like math, war. These words of reflection and loss science, and law. Many schools and LOCAL LAW ENFORCEMENT ACT sting the hearts of all who know the universities had separate entrance re- OF 2001 worry and honor of having loved ones quirements for male and female stu- Mr. SMITH. Madam President, I rise serve our Nation overseas. dents—and many others did not admit today to speak about the need for hate During the last phone conversation women at all. Those women who did crimes legislation. On May 1, 2003, Sen- that Jarrod had with his family, he gain admission were often subject to ator KENNEDY and I introduced the called his mother and told her that he discriminatory policies. Some were de- Local Law Enforcement Enhancement loved her and was being safe. His moth- nied scholarships and other forms of fi- Act, a bill that would add new cat- er says that God granted her that one nancial aid. Others were excluded from egories to current hate crimes law, last conversation with her son. Today, honor societies, clubs, and other orga- sending a signal that violence of any Jarrod’s family remembers him as a nizations and activities. kind is unacceptable in our society. true American hero, and we honor the Thanks to title IX, women have Terrianne Summers, a 51-year old sacrifice he made while serving his taken their rightful place in American transgender activist was shot in the country. education—as students, teachers, pro- back of the head while getting out of Jarrod graduated from Peru High fessors, even university presidents. And her car in her driveway. Summers, a School in 1999, where he was an avid equality in education has helped retired Navy Lieutenant Commander, Peru Tigers fan. Friends and family women find opportunities for success in organized a local protest against the members remember Jarrod for the love virtually every aspect of American life. Winn-Dixie supermarket chain in Janu- he had for his entire family, and for his Today’s women in America are doctors, ary after an employee was fired for energetic personality, which he often lawyers, engineers, and business own- cross-dressing off-duty. demonstrated while cheering on his fa- ers. They are mayors, governors, I believe that Government’s first vorite team, the Indianapolis Colts. After joining the Army in 1999, judges, and legislators. This distin- duty is to defend its citizens, to defend Jarrod left to begin full-time duty in guished body is privileged to count 14 them against the harms that come out Fort Riley, KS. Jarrod served on a women among its Members. And the of hate. The Local Law Enforcement tanker as part of the 1st Battalion, day will likely soon come when this Enhancement Act is a symbol that can 34th Armor Division, 1st Infantry Divi- country elects its first woman Presi- become substance. I believe that by sion. He was deployed to the Middle dent. passing this legislation and changing East in September. Title IX’s impact is felt not only in current law, we can change hearts and As I search for words to do justice in the classroom and the boardroom, but minds as well. honoring Jarrod’s sacrifice, I am re- in the locker room as well. Since title f minded of President Lincoln’s remarks IX was passed, the number of women as he addressed the families of the fall- playing collegiate sports has increased HONORING OUR ARMED FORCES en soldiers in Gettysburg: from about 32,000 to nearly 150,000. SERGEANT JARROD BLACK Today, 3 million high school girls play Mr. BAYH. Madam President, I rise We cannot dedicate, we cannot consecrate, we cannot hallow this ground. The brave competitive sports, compared to only today with a heavy heart and deep men, living and dead, who struggled here, 300,000 thirty years ago. America has a sense of gratitude to honor the life of a have consecrated it, far above our poor successful professional women’s bas- brave young man from Peru, IN. Sgt. power to add or detract. The world will little ketball league. And every 4 years, the Jarrod William Black, 26 years old, note nor long remember what we say here, Women’s World Cup in soccer attracts died in Ar Ramadi, a town 60 miles but it can never forget what they did here. thousands of spectators, and millions west of Baghdad, on December 12, 2003, This statement is just as true today as of TV viewers, across our Nation. The after his vehicle was hit by an impro- it was nearly 150 years ago, as I am cer- University of Connecticut, whose fe- vised explosive device. Jarrod joined tain that the impact of Jarrod’s ac- male student-athletes excel in both the Army with his entire life before tions will live on far longer than any academics and athletics, is a shining him. He chose to risk everything to record of these words. example of the dramatic and positive fight for the values Americans hold It is my sad duty to enter the name change that title IX has brought to our close to our hearts, in a land halfway of Jarrod Black in the official RECORD Nation. around the world. of the U.S. Senate for his service to Birch Bayh was an ardent supporter Jarrod was the 22nd Hoosier soldier this country and for his profound com- of women’s rights during his years of to be killed while serving his country mitment to freedom, democracy and

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When I think about this just full time while attending classes at Ivy ment, opposing ocean dumping, oil cause in which we are engaged, and the Tech State College in Lafayette, with drilling in the Arctic National Wildlife unfortunate pain that comes with the plans to transfer to Purdue University Refuge, and incineration of toxic loss of our heroes, I hope that families to pursue a career in landscape design. waste. like Jarrod’s can find comfort in the As I search for words to do justice in I am honored to have served with words of the prophet Isaiah who said, honoring Luke’s sacrifice, I am re- Senator Roth and he will be truly ‘‘He will swallow up death in victory; minded of President Lincoln’s remarks missed. and the Lord God will wipe away tears as he addressed the families of the fall- f from off all faces.’’ en soldiers in Gettysburg: JUDICIAL NOMINATIONS May God grant strength and peace to We cannot dedicate, we cannot consecrate, those who mourn, and may God bless we cannot hallow this ground. The brave Mr. LEAHY. Madam President, we the United States of America. men, living and dead, who struggled here, open this year confronted with three HONORING SPECIALIST LUKE P. FRIST have consecrated it, far above our poor additional disappointing developments Mr. BAYH. Madam President, I rise power to add or detract. The world will little regarding judicial nominations: the today with a heavy heart and deep note nor long remember what we say here, Pickering recess appointment, the re- but it can never forget what they did here. sense of gratitude to honor the life of a nomination of Claude Allen, and the brave young man from Brookston, IN. This statement is just as true today as pilfering of Democratic offices’ com- Specialist Luke Frist, 20 years old, died it was nearly 150 years ago, as I am cer- puter files by Republican staff. at the Brooke Army Medical Center at tain that the impact of Luke’s actions Late last Friday afternoon President Fort Sam Houston, TX, on January 5, will live on far longer than any record Bush made his most cynical and divi- 2004, following an attack, 3 days prior of these words. sive appointment to date when he by- in Baghdad, Iraq, when the fuel truck It is my sad duty to enter the name passed the Senate and unilaterally in- he was driving struck an improvised of Luke P. Frist in the official RECORD stalled Charles Pickering to the U.S. explosive device. of the U.S. Senate for his service to his Court of Appeals for the Fifth Circuit. After joining the Army Reserves, country and for his profound commit- That appointment is without the con- Luke was assigned to the 209th Quar- ment to freedom, democracy and peace. sent of the Senate and is a particular termaster Company in Lafayette, IN. When I think about this just cause in affront to the many individuals and Luke served on a fuel tanker as a pe- which we are engaged, and the unfortu- membership organizations representing troleum specialist during his deploy- nate pain that comes with the loss of African Americans in the Fifth Circuit ment, which began in May 2003. our heroes, I hope that families like who have strongly opposed this nomi- Luke was the twenty-third Hoosier Luke’s can find comfort in the words of nation. soldier to be killed while serving his the prophet Isaiah who said, ‘‘He will With respect to his extreme judicial country in Operation Iraqi Freedom. swallow up death in victory; and the nominations, President George W. This brave young soldier leaves behind Lord God will wipe away tears from off Bush is the most divisive President in his father, Dennis, his mother, Pattie, all faces.’’ American history. Through his ex- and two sisters. When Luke joined the May God grant strength and peace to treme judicial nominations, President Army Reserves, he was following in the those who mourn, and may God bless Bush is dividing the American people military footsteps of his parental us all. and undermining the fairness and inde- grandfather, who served in World War f pendence of the federal judiciary on II. With his entire life before him, which all Americans depend. HONORING SENATOR WILLIAM After fair hearings and open debate, Luke chose to risk everything to fight ROTH for the values Americans hold close to the Senate Judiciary Committee re- our hearts, in a land halfway around Mr. FEINGOLD. Madam President, jected the Pickering nomination in the world. today I would like to pay tribute to a 2002. Originally nominated in 2001 by Today, I join Luke’s family, his man who served in this body with dis- President Bush, this nominee’s record friends, and the entire Brookston com- tinction for 30 years, Senator William underwent a thorough examination by munity in mourning his death. While Roth. the Senate Judiciary Committee and we struggle to bear our sorrow over his Senator Roth was first elected to the was found lacking. Rejected for this death, we can also take pride in the ex- House of Representatives from his promotion by the Committee in 2002 ample he set, bravely fighting to make adopted State of Delaware in 1966. He because of his poor record as a judge the world a safer place. It is his cour- immediately made a name for himself and the ethical problems raised by his age and strength of character that peo- as he shed light on wasteful Govern- handling of his duties in specific in- ple will remember when they think of ment spending. His fight against Gov- stances, Judge Pickering’s nomination Luke, a memory that will burn bright- ernment waste and abuse continued was nonetheless sent back to the Sen- ly during these continuing days of con- when he was elected to the Senate in ate last year by a President who is the flict and grief. 1970, where he served the people of his first in our history to reject the judg- Luke’s family recalls his being in State honorably for three decades and ment of the Judiciary Committee on a good spirits during his last phone call chaired both the Governmental Affairs judicial nominee. This is the only home. According to his sister Johanna, and Finance Committees. President who has renominated some- Luke ‘‘wanted to fight for his country Senator Roth will forever be remem- one rejected on a vote by the Judiciary and be the best of the best .... He bered for the respect he paid to this in- Committee for a judicial appointment. died doing what he loved.’’ Today, stitution and to his colleagues. That The renomination of Charles Pick- Luke’s family remembers him as a true respect was returned many times over ering lay dormant for most of last year American hero, and we honor the sac- by his colleagues, who knew they could while Republicans reportedly planned rifice he made while serving his coun- count on his integrity, civility and all- further hearings. Judge Pickering him- try. around decency. In a time when many self said that several hearings on his Luke graduated from Tri-County feel partisanship is on the rise, those nomination were scheduled and can- High School in 2001. He was an active qualities are sorely missed. Senator celled over the last year by Repub- member of the student body, playing Roth should be looked to as an example licans. Then, without any additional the trombone and tuba in the band, for all Members of the Senate. information or hearings, Republicans playing on the football team, and Senator Roth’s modest demeanor decided to forego any pretense at pro- throwing shot put as a member of the belied his accomplishments and influ- ceeding in regular order. Instead, they track team. Friends and family mem- ence. He played significant roles in placed the name of Judge Pickering on bers alike remember Luke for his ener- many tax policy debates over the years the committee’s markup agenda and getic personality, his passion for being and was a lead force in Congress with pushed his nomination through with outdoors, and his dedication to making respect to efforts to ‘‘reinvent’’ the their one-vote majority. The Com- his dreams become a reality. When Federal Government during the 1990s. mittee had been told since last Janu- Luke was activated, he was working He also was a defender of the environ- ary that a new hearing would be held

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S171 before a vote on this nomination, but most sensitive courts.’’ I will ask unan- made their position crystal clear. This that turned out to be an empty prom- imous consent that this editorial also Fourth Circuit vacancy is a Maryland ise. be printed in the RECORD. seat and ought to be filled by an expe- Why was the Pickering nomination Civil rights supporters who so strenu- rienced, qualified Marylander. Over the moved ahead of other well-qualified ously opposed this nominee were un- Senate recess, the White House had candidates late last fall? Why was the derstandably offended that the Presi- ample time to find such a nominee, Senate required to expend valuable dent chose this action the day after his someone of the caliber of sitting U.S. time rehashing arguments about a con- controversial visit to the grave of Dr. District Court Judges Andre Davis or troversial nomination that has already Martin Luther King, Jr. As the Nation Roger Titus, two former Maryland been rejected? The timing was ar- was entering the weekend set aside to nominees whose involvement in the ranged by Republicans to coincide with honor Dr. King and all for which he State’s legal system and devotion to the gubernatorial election in Mis- strived, this President made one of the their local community was clear. This sissippi. Like so much about this Presi- most insensitive and divisive appoint- refusal to compromise is just another dent’s actions with respect to the Fed- ments of his administration. I will ask example of the White House engaging eral courts, partisan Republican poli- unanimous consent that the op-ed pub- in partisan politics to the detriment of tics seemed to be the governing consid- lished in the Chicago Sun Times by the an independent judiciary. eration. Indeed, as the President’s own Reverend Jesse Jackson be printed in The third disappointment we face is former Secretary of the Treasury the RECORD. In this op-ed, Reverend the ongoing fallout from the cyber points out from personal experience, Jackson observed that this President theft of confidential memoranda from politics governs more than just Federal ‘‘has shown a remarkable cynicism Democratic Senate staff. This invasion judicial nominations in the Bush ad- about playing racial politics.’’ was perpetrated by Republican employ- ministration. So many civil rights group and indi- ees both on and off the Committee. As Charles Pickering was a nominee re- viduals committed to supporting civil revealed by the Chairman, computer jected by the Judiciary Committee on rights in this country have spoken out security was compromised and, simply the merits—a nominee who has a in opposition to the elevation of Judge put, members of the Republican staff record that does not qualify him for Pickering that their views should have took things that did not belong to this promotion, who injects his per- been respected by the President. Con- them and passed them around and on sonal views into judicial opinions, and trary to the false assertion made by to people outside of the Senate. This is who has made highly questionable eth- the Wall Street Journal editorial page no small mistake. It is a serious breach ical judgments. The nominee’s sup- this week, the NAACP of Mississippi of trust, morals, and possibly the rules porters, including some Republican did not support Judge Pickering’s nom- and regulations governing the Senate. Senators, have chosen to imply that ination. Indeed, every single branch of We do not yet know the full extent of Democrats opposed the nominee be- the Mississippi State Chapter of the these violations. But we need to repair cause of his religion or region. That is NAACP voted to oppose this nomina- the loss of trust brought on by this untrue and offensive. These smears tion—not just once, but three times. breach of confidentiality and privacy, have been as ugly as they are wrong. When Mr. Pickering was nominated to if we are ever to recover and be able to Yet the political calculation has been the District Court in 1990, the NAACP resume our work in a spirit of coopera- made to ignore the facts, to seek to pin of Mississippi opposed him, and when tion and mutual respect that is so nec- unflattering characterizations on he was nominated to the Fifth Circuit essary to make progress. Democrats for partisan purposes and to in 2001 and, again, in 2003, the NAACP Democratic cooperation with the count on cynicism and misinformation of Mississippi opposed him. They have President’s slate of judicial nominees to rule the day. With elections coming written letter after letter expressing has been remarkable in these cir- up this fall, partisan Republicans are their opposition. That opposition was cumstances. One way to measure that apparently returning to that page of shared by the NAACP, the Southern cooperation and the progress we have their partisan political playbook. Christian Leadership Conference, the made possible is to examine the Chief Never before had a judicial nomina- Magnolia Bar Association, the Mis- Justice’s annual report on the Federal tion rejected by the Judiciary Com- sissippi Legislative Black Caucus, the judiciary. Over the last couple of years, mittee after a vote been resubmitted to Mississippi Black Caucus of Local Justice Rehnquist has been ‘‘pleased to the Senate, but this President took Elected Officials, Representative report’’ our progress on filling judicial that unprecedented step last year. BENNIE G. THOMPSON and many others. vacancies. This is in sharp contrast to Never before has a judicial nomination Perhaps the Wall Street Journal con- the criticism he justifiably made of the debated at such length by the Senate, fused the Mississippi NAACP with the shadowy and unprincipled Republican and to which the Senate has withheld Mississippi Association of Trial Law- obstruction of consideration of Presi- its consent, been the subject of a Presi- yers, which is an organization that did dent Clinton’s nominees. In 1996, the dential appointment to the Federal support the Pickering nomination. final year of President Clinton’s first bench. This is an administration that prom- term, the Republican-led Senate con- In an editorial following last week’s ised to unite the American people but firmed only 17 judicial nominees all appointment, The Washington Post had that has chosen time and again to act year and not a single nominee to the it right when it summarized Judge with respect to judicial nominations in circuit courts. At the end of 1996, the Pickering’s record as a federal trial a way that divides us. This is an ad- Republican Senate majority returned judge as ‘‘undistinguished and down- ministration that squandered the good- to the President almost twice as many right disturbing.’’ As the paper noted: will and good faith that Democrats nominations as were confirmed. ‘‘The right path is to build consensus showed in the aftermath of September By contrast, with the overall co- that nonpartisanship and excellence 11, 2001. This is an administration that operation of Senate Democrats, which are the appropriate criteria for judicial refused to acknowledge the strides we partisan Republicans are loath to con- selection.’’ Instead we see another dan- made in filling 100 judicial vacancies cede, this President has achieved gerous step down the Republican’s cho- under Democratic Senate leadership in record numbers of judicial confirma- sen path to erode judicial independence 2001 and 2002 while overcoming anthrax tions. Despite the attacks of Sept. 11 for the sake of partisanship and their attacks and in spite of Republican mis- and their aftermath, the Senate has al- ideological court-packing efforts. I will treatment of scores of qualified, mod- ready confirmed 169 of President Bush’s ask unanimous consent that this edi- erate judicial nominees of President nominees to the Federal bench. This is torial be printed in the RECORD. The Clinton. more judges than were confirmed dur- New York Times also editorialized on Then, just 2 days ago, the President ing President Reagan’s entire first 4- this subject and it, too, was correct sent the nomination of Claude Allen year term. Thus, President Bush’s 3- when it pointed out that this end-run back to the Senate. From the time this year totals rival those achieved by around the advice and consent author- nomination was originally made to the other Presidents in 4 years. That is ity of the Senate is ‘‘absolutely the time it was returned to the President also true with respect to the nearly 4 wrong choice for one of the nation’s last year, the Maryland Senators have years it took for President Clinton to

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S172 CONGRESSIONAL RECORD — SENATE January 22, 2004 achieve these results following the Re- without Senate confirmation—is a uniquely Mr. Pickering is not the only hard-right publicans’ taking majority control of bad instrument for federal judges. Judges are candidate Mr. Bush has pushed for high judi- the Senate in 1995. supposed to be politically independent. Yet cial office. But his nomination was among The 69 judges confirmed last year ex- Mr. Pickering will be a controversial nomi- the most troublesome. As Senator Charles nee before the Senate as he considers cases ceeds the number of judges confirmed Schumer said, Mr. Bush’s decision to bypass and will lose his job in a year if he is not the Senate in this manner is ‘‘a finger in the during any of the 6 years from 1995 to confirmed. Even his supporters should under- eye’’ for all those seeking fairness in the 2000 that Republicans controlled the stand that he will be subject to the political nomination process. Senate during the Clinton presidency pressures from which judges are supposed to years in which there were far more va- be insulated. BUSH INSULTS KING’S LEGACY AGAIN cant Federal judgeships than exist We don’t rule out the recess appointment [From the Chicago Sun Times, Jan. 20, 2004] today. Among those 69 judges con- in all circumstances. At times judges have commanded such uniform support that presi- (By Jesse Jackson) firmed in 2003 were 13 circuit court dents have used the power to get them in of- Monday marked what would have been Dr. judges. That exceeds the number of cir- fice quickly, leaving the formality of con- Martin Luther King’s 75th birthday. And cuit court judges confirmed during all firmation for later. We supported, moreover, once more, President Bush chose the occa- of 1995, 1996, 1997, 1999, and 2000, when a President Bill Clinton’s lame-duck recess ap- sion to issue a cold and calculated insult to Democrat was President. pointment to the U.S. Court of Appeals for African Americans and Dr. King’s memory. The Senate has already confirmed 30 the 4th Circuit of Roger Gregory, who, like Last year, the president chose Dr. King’s circuit court judges nominated by Mr. Pickering, was held up in the Senate. birthday to announce his decision to ask the Supreme Court to overturn our civil rights President Bush. This is a greater num- But there was a big difference: Mr. Gregory was not controversial. His nomination, in laws by challenging the University of Michi- ber than were confirmed at this point fact, was eventually resubmitted to the Sen- gan’s affirmative action program. Despite its in the presidencies of his father, Presi- ate by none other than President Bush. It conservative majority, even this Supreme dent Clinton, or the first term of Presi- was held up initially because of a long-stand- Court found that too offensive to constitu- dent Reagan. Vacancies on the Federal ing dispute over appointments to that court, tional guarantees of equal rights, and ruled judiciary have been reduced to the low- not because of any concerns about the nomi- against the president’s case. est point in two decades and are lower nee himself. There was reason to hope that This year, the president took time from his than Republicans allowed at any time Mr. Gregory would be confirmed—as, indeed, big-donor fund-raising to lay a wreath at Dr. he was. In this case, Mr. Bush has used a re- King’s grave and call for racial reconcili- during the Clinton presidency. In addi- cess appointment for someone who cannot, ation. Then after collecting $2.4 million from tion, there are more Federal judges on his merits, garner a vote of confidence wealthy beneficiaries of his tax cuts, he an- serving on the bench today than at any from the Senate and who has no prospect of nounced he would make a recess appoint- time in American history. confirmation in the current Congress. ment of Judge Charles Pickering. I congratulate the Democratic Sen- We don’t support the filibuster of nomi- Pickering shares views, history and friend- ators on the Committee for showing a nees, but the answer to Democratic obstruc- ship with Mississippi Sen. Trent Lott, who spirit of cooperation and restraint in tion cannot be the appointment or installa- was removed from leadership of the Senate tion of temporary judges who get to hear a the face of a White House that so often Republicans after he celebrated the segrega- few cases over a few months, all the while tionist cause of the Dixiecrats. Pickering, has refused to consult, compromise or looking over their shoulders at the senators with a history of embracing racist causes, conciliate. I regret that our efforts who oppose them. The great damage the ju- was rejected by the Senate Judiciary Com- have not been fairly acknowledged by dicial nomination wars threaten over the mittee when Democrats held the majority. partisan Republicans and that this ad- long term is to erode judicial independence, Bush renominated him when Republicans ministration continues down the path to make judges constantly aware of how took over, but Pickering’s views are so ex- of confrontation. While there have been they might have to answer to the Senate for treme that Democrats made him one of only difficult and controversial nominees a given opinion. Using the recess appoint- six judges they have blocked. Now the presi- ment to place Mr. Pickering on the 5th Cir- whom we have opposed as we exercise dent chooses Dr. King’s holiday to announce cuit has made that danger into a realty. his symbolic appointment to the bench. our constitutional duty of advice and From Willy Horton to Charles Pickering, the consent to lifetime appointments on A JUDICIAL END RUN Bush family has shown a remarkable cyni- the Federal bench, we have done so [From the New York Times, Jan. 17, 2004] cism about playing racial politics. openly and on the merits. President Bush has used the only avenue But the true insult to Dr. King’s memory For the last 3 years I have urged the remaining to him to install Charles Pick- is not Bush’s symbolic politics; it is the sub- President to work with us. It is with ering Sr. of Mississippi on the Fifth Circuit stance of his policies. Here the contrast is deep sadness that I see that this ad- Court of Appeals: a recess appointment, stark. ministration still refuses to accept the which avoids the confirmation process. That Dr. King called on America to measure itself from the bottom up, not the top down. Senate’s shared responsibility under recess appointments are a perfectly legal de- vice used by other presidents in the past does As the Bible taught, we should be judged on the Constitution and refuses to appre- not make this appointment any more palat- how we treat the ‘‘least of these,’’ not how ciate our level of cooperation and able. Mr. Pickering is absolutely the wrong we cater to the most powerful. achievement. choice for one of the nation’s most sensitive Even many of Bush’s supporters acknowl- I ask unanimous consent that the courts. edge he is the reverse: His policies are de- materials to which I referred be printed Mr. Bush claimed that only a ‘‘handful’’ of signed to reward the wealthy and serve the in the RECORD. senators had opposed Mr. Pickering. The op- corporate interests that pay for his party. On There being no objection, the mate- position was in fact a good deal broader than his watch, we’ve mortgaged the store to lav- rial was ordered to be printed in the that. ish tax breaks on the wealthy, even as sup- Mr. Pickering was rejected in 2002 by the port for the poor has been cut, and working RECORD, as follows: Judiciary Committee when the Senate was people have been abandoned. END RUN FOR MR. PICKERING still in Democratic hands. When the same Dr. King devoted his life to fighting [From the Washington Post, Jan. 18, 2004] committee, in Republican control, approved against poverty, for peace; against racism, President Bush’s decision Friday to install him last fall, the nomination was blocked by for equal opportunity. In the midst of the controversial judicial nominee Charles W. a filibuster. Another attempt on the presi- Vietnam War, he courageously challenged Pickering Sr. on the U.S. Court of Appeals dent’s part to win Senate approval of Mr. America’s wrongheaded intervention, and for the 5th Circuit using a recess appoint- Pickering’s nomination would almost cer- warned of the moral poverty of a country ment is yet another unwarranted escalation tainly have produced the same result. that spent more on its military than on its of the judicial nomination wars. We have la- The reasons are clear enough. Over the people. mented some of the attacks on Mr. Pick- years, Mr. Pickering has displayed skep- Bush’s priorities are literally the reverse. ering, but his record as a federal trial judge ticism toward cases involving civil rights He has done nothing as poverty has wors- is undistinguished and downright disturbing, and expressed doubts about well-settled prin- ened, while finding his ‘‘mission’’ in endless and Senate Democrats are reasonable to op- ciples like one person one vote. The Senate wars abroad. He’ll spend over $200 billion pose his nomination. Installing him using a inquiry into the nomination uncovered trou- toppling Saddam Hussein, while cutting back constitutional end run around the Senate bling questions of judicial ethics. Mr. Pick- on programs designed to give every child a only inflames passions. The right path is to ering took up the case of a man convicted of healthy start. build consensus that nonpartisanship and ex- burning a cross on the lawn of an interracial Dr. King’s politics came from his deep and cellence are the appropriate criteria for judi- couple, urging prosecutors to drop a central abiding faith. Bush’s faith seems defined by cial selection. charge and calling a prosecutor directly. He his politics. King spoke in pulpit after pulpit The recess appointment—the president’s also seems outside the mainstream on abor- challenging the faithful to join the move- power to temporarily install federal officers tion rights. ment for social change. Bush, at his best,

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S173 goes to churches to preach social service, ELECTRIC RELIABILITY ACT OF In addition to securing our Nation’s urging the congregation to accept the status 2004 AND ELECTRICITY NEEDS power grid, we must protect consumers quo and help minister to its victims. Like RULES AND OVERSIGHT NOW from energy market manipulation. We Moses, King led his people out of oppression. ACT cannot let the market abuses that took Like Pharaoh, Bush urges people to adjust to their condition. Mr. FEINGOLD. Madam President, I place during the Western energy crisis a few years ago happen again. The Dr. King’s legacy is as important today as would like to express my support for two bills that my colleague, the junior ENRON Act would prohibit the use of at his death because things haven’t gotten manipulative practices like the much better. A report by United for a Fair Senator from Washington, introduced Economy shows racial inequities in unem- this week and that I am pleased to co- schemes used by Enron and other en- ployment, family income, imprisonment, av- sponsor: the Electric Reliability Act of ergy traders that raised prices and put erage wealth and infant mortality have got- 2004 and the Electricity Needs Rules consumers, and the reliability of the ten worse since he died. And progress in and Oversight Now Act, or ENRON Act. electric transmission grid, at risk. We areas like poverty, homeownership, edu- I strongly believe that the country learned from this crisis that electricity cation, and life expectancy has been so slow needs to achieve a balanced national markets need close Government over- it will take literally centuries to close the energy policy. An essential part of a sight to ensure that companies do not gap. national energy policy should be to en- engage in risky trading schemes lead- As Americans celebrate Dr. King’s birth- sure electricity reliability and to pro- ing to soaring energy prices and their day and listen to President Bush’s State of tect consumers from energy market own possible financial failure. In both the Union address tonight, we must remem- cases, consumers—the people who de- ber King’s warning of the moral peril of a na- manipulation. If Congress cannot agree tion that fails to create opportunity for all on an omnibus energy bill, then we pend upon the electricity these compa- of its people. must act to pass these stand-alone bills nies generate or trade—are the losers. on electricity reliability and market Energy market manipulation crip- No longer do we hear of a War on Poverty, which as Dr. King noted was ‘‘barely a skir- manipulation. pled the west coast during 2000–2001. mish’’ before abandoned for war abroad. In- Our citizens deserve a reliable, safe Just last month, a former energy trad- stead, as Dedrick Muhammad, author of the power grid. This is one of the country’s er pleaded guilty to manipulating nat- UFE report, observed: We are left with a most pressing energy needs. We have to ural gas markets 2 years ago during ‘‘compassionate conservatism, which has do all that we can to prevent blackouts the west coast power crisis. This trader been very conservative in its compassion.’’ like the one that hit the east coast and admitted to supplying false reports to Midwest last August and the Electric trade industry publications that cal- Reliability Act of 2004 takes a crucial [From the Wall Street Journal, Jan. 19, 2004] culate the price of natural gas indexes, step toward that goal. The bill grants which are used by derivative traders to THE PICKERING PRECEDENT the Federal Energy Regulatory Com- buy and sell natural gas futures and mission—FERC—the explicit authority President Bush’s recess appointment of real-time transactions. This manipula- Charles Pickering Sr. to the federal appeals to create mandatory electric reli- tion apparently benefitted the energy bench last Friday is a welcome move, not ability standards. FERC can also ap- company at the expense of energy con- least because it shows he’s willing to carry prove the formation of electric reli- sumers. the fight over judicial nominees from here to ability organizations, which will, sub- Other Enron-style trading practices November. Mr. Pickering will now get the ject to FERC review, enforce these include ‘‘ricochet’’ electricity deals. In honor of serving a year on the Fifth Circuit standards. Strong and enforceable elec- a ricochet transaction, Enron sent Court of Appeals, and at 66 years old might tric reliability standards will help en- California-generated power to another well make this his career coda. The Mis- sure that our citizens and businesses do sissippi judge was one of Mr. Bush’s first company. The electricity was then sold not have to worry about their respec- back to California, but billed as being nominees, in May 2001, and has always had tive lives and livelihoods being dis- confirmation support from a bipartisan ma- generated outside the State. Prosecu- rupted by blackouts. jority of Senators. But he has been denied a tors state that this practice allowed In fact, a joint investigation by a floor vote by a minority filibuster orches- Enron to evade California electricity United States-Canadian task force trated by Northeastern liberals Ted Ken- price caps. There is also the ‘‘Death nedy, Hillary Rodham Clinton and her junior found that the lack of mandatory reli- ability standards contributed to the Star’’ trading scheme. Apparently, New York partner Chuck Schumer. Enron attempted to generate revenue Mr. Bush has every right, even an obliga- August 14, 2003, blackout. This massive outage affected 50 million people in by fraudulently charging fees for serv- tion, to use his recess power to counter this ices Enron did not provide. Enron unprecedented abuse of the Senate’s advice eight U.S. States and parts of Canada. and consent power. A filibuster has never be- The task force report found that an charged California for electricity that fore in U.S. history been used to defeat an Ohio-based utility and regional grid was not delivered. Charging the State appellate court nominee, but Democrats manager together violated at least six for undelivered power prevented the have used it against six of Mr. Bush’s reliability standards on the day of the State from alleviating backlogged choices. All of them have enough bipartisan blackout. Examples of the reliability transmission lines. This market manip- support to be confirmed if they could only violations that contributed to the ulation scheme was especially harmful get a full Senate vote. blackout included: not reacting to a since it came at a time when part of One of the more despicable elements of the power line failure within 30 minutes, the State experienced rolling black- anti-Pickering smear has been the use of the not notifying nearby systems of the outs. race card, even though the judge has the sup- transmission problems, failing to ana- In June, FERC deprived Enron of its port of the African-Americans who know him lyze what was happening to the grid, right to trade power and natural gas. best, including the Mississippi chapter of the Even though the company is barred NAACP. Mr. Pickering sent his children to inadequately training operators, and the newly integrated public schools in that failing to adequately monitor trans- from the energy-trading industry it state in the 1960s, and he helped the FBI in mission stations. Since the industry is helped create, market manipulation re- prosecutions of the KKK, testifying against largely self-regulated, violations of mains a threat to consumers. In De- the imperial wizard in 1967 at some personal these voluntary reliability standards cember 2003, another energy company risk. carry no penalties. agreed to pay $1.7 billion to resolve But these facts are irrelevant to liberals In testimony before the Senate Gov- market manipulation claims brought who are panicked after their recent election ernmental Affairs Subcommittee on by the California Public Utilities Com- defeats and are clinging to their last lever of Oversight of Government Management mission and various business and resi- national power through the appointed judici- last fall, regulators declared that en- dential consumers. Other companies al- ary. They’re hoping the public won’t notice forceable reliability standards are vital legedly bought and sold natural gas si- or care much about this power play, which to a secure power grid. This bill is an multaneously at the same price to means that Mr. Bush and Republicans will have to keep the issue front and center. Five important step toward that goal. It make demand appear greater. Southern Senate seats are open this year, provides for enforceable, mandatory The ENRON legislation requires the and voters in those states in particular de- electric reliability standards to ensure Federal Energy Regulatory Commis- serve to know how much the bicoastal Demo- that our Nation has a secure, reliable sion to prohibit the use of manipula- cratic liberals despise their values. power grid. tive practices like these that put at

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S174 CONGRESSIONAL RECORD — SENATE January 22, 2004 risk consumers and the reliability of I ask unanimous consent to print in why COOL is bad but there was not a single the transmission grid. The Senate re- the RECORD an article written by Lee sentence suggesting a benefit. If one didn’t cently went on record in support of Pitts titled ‘‘Who Killed COOL?’’ know better, a casual observer might think the USDA was being biased. You think? barring abusive market practices when There being no objection, the mate- The USDA completely ignored a University it approved an amendment to the fiscal rial was ordered to be printed in the of Florida study that outlined the many ben- year 2004 agricultural appropriations RECORD, as follows: efits of COOL. The USDA came up with cost bill offered by Senator CANTWELL. I am WHO KILLED COOL? estimates between $582 million and $3.9 bil- disappointed that this language was (By Lee Pitts) lion but it was always the higher figure they quoted. The Florida study concluded that stripped from the omnibus spending COOL has been universally praised by pro- COOL would cost a fraction of that and said bill. ducer and consumer organizations alike. The consumers would be given a choice and pro- I think the August blackout should overwhelming majority of farmers and ducers would benefit by increased demand make clear to all of my colleagues the ranchers supported it and COOL even had bi- for U.S. produced food. All good! At exactly partisan support in Congress. So what went need for improvements in the power the same time Veneman saw no benefits to wrong? Who killed COOL? grid system. We need to make the elec- COOL, Japan and Korea were making it clear Here’s a Most Wanted list of the thieves tric grid safer and more reliable for all they wanted only U.S. labeled beef. Also, at who stole COOL from us and killed it in cold the same time a hepatitis outbreak was kill- Americans and we also need to prevent blood until COOL is deader than a can of Ar- ing three people and sickening 259 in Georgia manipulation of electricity markets. gentinean corned beef. For those reasons, I encourage the Sen- and 16 people in North Carolina. The feds THE MAN WHO WOULD BE KING ate to move forward and act quickly aren’t completely sure the same strain To see who killed COOL just follow the with respect to these bills. sickened 600 people in Pennsylvania in the money. And we can start right at the top. Nation’s biggest known outbreak of the dis- f George Bush has been vehemently against ease. But they are sure it was Mexican on- THE NEED FOR COUNTRY-OF- COOL from the beginning. But one wonders ions that caused the outbreaks in Georgia, why Bush would feel so passionate about leg- ORIGIN LABELING Tennessee and North Carolina. Gosh, if only islation and use up political capital on some- the onions were labeled so consumers could Mr. JOHNSON. Madam President, I thing that will anger the very people who decide for themselves if they wanted to risk rise today to speak about country-of- helped elect him in a very tight presidential death by liver failure. origin-labeling, an issue of critical im- race. Surely Bush must have had good reason If she had bothered to look Veneman could portance to farmers, ranchers and the to betray us? In fact, he had had millions of have also seen at least one major benefit reasons. Plain and simple . . . Bush sold out consumers in our great country. from COOL by looking northward to her Ca- to BIG business. nadian buddies. They started labeling their Yet even as our country grapples Remember this name: Tom Hicks. Accord- beef after the Mad Cow scare and it paid off with its first case of mad cow disease, ing to Forbes Magazine Mr. Hicks is the big time when Canadian consumers started the Republican leadership and special 350th richest man in America with an esti- eating more domestic beef to show their sup- interest groups aligned with the pack- mated net worth of $750 million. Hicks heads port for the domestic industry. ing industry celebrate the possible up a leveraged buyout outfit called Hicks, And how’s this for irony: A couple days delay in the implementation of my Muse, Tate and Furst. One of their better after killing COOL the feds announced they country-of-origin labeling law. deals was buying Dr Pepper and 7-Up for $45 were launching a major initiative to track Yes, country-of-origin labeling is the million and selling it after two years for $700 food imports for national security reasons! million. Hicks is also the man who made our law. We voted on it and it was included THE MEAT WE EAT current President a multimillionaire by buy- The food processing industry hates COOL in the last farm bill. Yet today I stand ing the Texas Rangers from a group that in- before you, concerned that an action in because their business models are based on cluded George W. In some circles Mr. Hicks being able to buy product anywhere around the dead of night by certain House is known as ‘‘The man behind the throne at the globe, wherever it is the cheapest. Then members will sink this law, a law that the White House.’’ they have a U.S. inspection stamp placed on is good for consumers of beef as well as In May, 2002, Hicks, Muse, Tate and Furst it and mix it in with domestic product. If producers of beef. bought 54 percent interest, along with you doubt that multinationals would have Country-of-origin-labeling will help ConAgra, in Australia Meat Holdings, that the breadbasket of the world turned into a country’s largest meat processing company. American producers market their beef beggar nation consider that 11.6% of beef Needless to say, the firm sends a lot of meat eaten in the U.S. is imported, 40% of lamb, as the superior product we know that it in this direction. Do you think Mr. Hicks’ to be. It will also help American pro- 16.6% of all vegetables, 23.1% of fresh and meat packing interests might have anything frozen fruit, and even 10% of wheat and ducers choose a product they know is to do with Bush’s concern about COOL? If wheat products. Talk about carrying coal to safe while avoiding foreign product Mr. Hicks calls Bush, I wonder, does he have Newcastle! produced without the safeguards pro- any trouble getting through? Meat packers don’t want COOL because it vided by the United States Department The Texas Cattle Feeders, no doubt, also would diminish the profits they are making of Agriculture. leaned on their favorite son. The TCFA’s on cheap imports, like the obscene profits Just a few weeks ago it was discov- members import thousands of Mexican steers they are now making on Canadian boxed every year into the U.S. where they would beef. COOL would derail this business model. ered that a cow from Canada was dis- like to continue passing them off as domes- covered with mad cow disease, yet con- So when COOL legislation passed all the hur- tics. Don’t you find it interesting that the dles and road blocks and looked like it would sumers have no way to distinguish Representative who came up with the legis- become a reality the packers were willing to meat from a Canadian cow from meat lation to delay COOL for one year, Mr. resort to dirty politics in an effort to kill it. from an American or Mexican cow. Bonilla, was a Texas House member. In the First the packers said it would cost too As recent events have shown Ameri- Senate there was a similar attempt by Sen- much. What they should have said it would cans still have confidence in American ator Cornryn. Surprise, surprise . . . Mr. cost THEM too much if they had to start beef and we must give them the ability Cornryn is from Texas too. buying more U.S. beef because consumers to choose that beef. This law is also USDA: UNITED STATES DEPARTMENT OF ANN were demanding it. We know exactly how much extra COOL will cost ranchers. You critical to our ability to begin export- If you’re looking for the killers of COOL you can take a line from Casablanca and, can currently get your calves verified as ing beef to countries, such as Japan, born and raised in the U.S. using a USDA ap- that closed their border to our beef ‘‘Round up the usual suspects.’’ Ann Veneman and her cronies at the USDA sure- proved process for 50 cents apiece. That’s after the recent case of mad cow in ly are guilty. We all know by now that half of the beef checkoff buck. That doesn’t Washington State. Forty-eight out of Veneman is a free trader, that’s why she’s seem like too much, does it? 57 of the United States’ largest trading currently trying to rewrite the rule book to Globalists hate COOL because it will build partners, including Japan, have coun- reopen the border with Canada to live cattle. demand for U.S. products, exactly what they try of origin labeling. Why can’t we? I COOL could be an impediment to Veneman’s don’t want. COOL would dampen their plans to outsource production to the cheapest sup- ask, why can’t we? vision of one global marketplace. We shouldn’t be surprised by Ann’s ac- plier because the only place to get U.S. prod- It dismays me, that there are people ucts is guess where? U.S. opposed to this law. It will allow con- tions, she’s sold us out before. Like with mandatory price reporting. USDA officials THE BOTTOM LINE sumers to make their own decisions said COOL is a bad idea because ‘‘there is no Ann Veneman herself helped identify some about food safety, a critical issue in to- definitive data available to quantitative the of the culprits who killed COOL. She fin- day’s world of weapons of mass de- benefits of COOL.’’ In one voluminous COOL gered the NCBA, the National Pork Pro- struction and terrorism. report there was page after page of reasons ducers Council and the United Fresh Fruit

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S175 and Vegetable Association as the groups re- ‘‘This is just another example of the White Mr. President, in light of the great sponsible for blocking its implementation. House and Republican leadership allowing importance of developments between Yes, the primary contractor for your check- their biggest corporate contributors to set the United States and Islamic coun- off dollars, an outfit that may not even exist policy,’’ responded Presidential candidate tries, I believe my colleagues will read without your beef bucks, the NCBA, stabbed Howard Dean. ‘‘Since being elected, George you right in the back. Again. Bush has consistently put the interests of with interest Dr. Brademas’s thought- In the 2004 election cycle so far, agri- corporate agribusiness ahead of family farm- ful address in Morocco, and I ask unan- business interests have given President Bush ers and rural America.’’ imous consent to have his remarks $1.8 million—ten times as much as the next South Dakota Stockgrowers Assn. Presi- printed in the RECORD. recipient. The NCBA is one of the top agri- dent Ken Knuppe said, ‘‘This is a slap in the There being no objection, the mate- business contributors. They even gave Bush face to all of the cattle producers who’ve rial was ordered to be printed in the a cowboy hat at their convention. fought so hard for this legislation. It is RECORD, as follows: After the Conference Committee derailed clearly a political move, not an attempt to COOL the NCBA issued a press release say- benefit producers or consumers.’’ REMARKS OF DR. JOHN BRADEMAS ON ‘‘EDU- ing, ‘‘Congress carefully considered possible Perhaps Paul Ringling, President of the CATION AND CULTURE: FORCES FOR PEACE IN dangers of the law before delaying imple- Montana Cattleman’s Assn said it best: A TROUBLED WORLD’’ mentation for two years.’’ Chandler Keys, ‘‘NCBA, packers and USDA have an unholy, I am for several reasons honored to have NCBA’s lobbyist said that mandatory label- incestuous alliance.’’ been invited by the distinguished Minister of ing would damage trade relations with Mex- Some say the battle over COOL is not yet Culture of the Kingdom of Morocco, His Ex- ico. (Although Mexico currently requires lost. Although the House approved the Con- cellency, Mohamed Achaari, to take part in country of origin labeling of U.S. beef ex- ference Committee report the Senate will this conference on the theme, ‘‘Is the Dia- ports.) NCBA President Eric Davis said, vote on it on January 20. But Tom Harkin logue Between Cultures Possible?’’ ‘‘Many producers were concerned that these does not expect COOL to be in the final bill. This is the first time I have been in Mo- mandatory regulations could have a negative ‘‘They won’t remove COOL . . . they just rocco, and my wife and I have immensely en- effect on their bottom line.’’ won’t give it any money,’’ says Harkin. joyed visiting the famed cities of Casa- Leo McDonnell of R–CALF had a different The only way to override the Conference blanca, Fe`s and Marrakech and seeing some viewpoint: ‘‘Despite NCBA’s claim that inde- Committee action is to defeat the omnibus of the wonders of this beautiful country. pendent cattle producers do not want manda- spending bill which would also shut down the I have to thank my friend, a brilliant and tory country of origin labeling, 76 U.S. cattle federal government. As tempting as that energetic Moroccan, Karim Errouaki, for associations, representing 26 states and in- sounds . . . don’t count on it happening. having suggested I join you even as I am If you must do something to voice your cluding 17 NCBA state affiliates, worked pleased to see here other friends such as Dr. displeasure you could dial the phone number with R–CALIF USA to pass mandatory COOL Federico Mayor, the former Director General (202–456–1111) and give a tape recorder a piece in the 2002 Farm Bill.’’ of UNESCO; Professors Edward Nell of the of your mind. And you could quit any group In every poll this reporter has seen an New School University, Bernard Lewis of that played a role in COOL’s defeat. I’ve overwhelming majority of ranchers and con- Princeton and my New York University col- heard some people who are so upset they are sumers voice their support for COOL. Both league, Noah Feldman. going to refuse to pay the checkoff, seeing the American Farm Bureau and the National And I greatly value the opportunity to how it’s unconstitutional anyway. For sure Farmer’s Union supported it. Even the NCBA meet the distinguished former Prime Min- you should join R–CALF. As for Bush . . . if admits it: ‘‘What our members have told us ister of France, Michel Rocard, and so many the next Presidential election is as close as through votes was they want a country-of- other eminent political leaders, scholars and the last one, Bush may have a lot more time origin labeling program that is beneficial to writers gathered this weekend at the King- to spend with his ‘‘BIG Bidness’’ buddies as a both them and to the consumers,’’ said Jim dom’s Royal Academy. result of his COOLish behavior. McAdams, a Texas cattleman and NCBA VP. As an American, I am well aware that Mo- The NCBA, after killing COOL, then had the f rocco was the first country, in 1777, to extend audacity to announce it was launching plans REMARKS OF DR. JOHN diplomatic recognition to the United States, to create a VOLUNTARY pilot country-of- BRADEMAS and our two nations have enjoyed friendly origin labeling program that would differen- and cordial relations now for over 200 years. tiate U.S. meat products from foreign meat. Mrs. FEINSTEIN. Madam President, Secretary of State Colin Powell spoke of this Dun . . . we already have a voluntary pro- our distinguished former colleague in friendship only a few days ago in Marrakech. gram and it doesn’t work. the House of Representatives, now In light of 9/11, the war in Iraq, the ongoing According to Leo McDonnell the real bot- president emeritus of New York Uni- strife in Afghanistan, the continuing conflict tom line is this: ‘‘The interests of producers versity, Dr. John Brademas, delivered between Israelis and Palestinians, the at- are being compromised by organizations pur- an address last month in Rabat, Mo- tacks in Istanbul and elsewhere, there could porting to represent producers, but who ac- not be a more appropriate subject to bring us tually incorporate the financial interests of rocco, at a conference on ‘‘The Dia- together than ‘‘The Dialogue of Cultures’’. packers in their policies’’ That’s putting it logue of Cultures.’’ My own modest offering today will focus nicely. Other response to the killing of COOL The conference, sponsored by the on the contributions to a more peaceful was swift and angry: Ministry of Culture of Morocco, fo- world of the institutions and activities of The New Mexico Stockgrowers had given cused on the relationships between the education and culture. the NCBA a couple chances to come around West and the Arab world. So that you will understand my perspec- but COOL was the last straw. It exposed John Brademas served in Congress, tive, please allow me some words of personal NCBA once and for all for what they really from the State of Indiana, for 22 background. are: A mouthpiece for the Texas and Kansas years—1959–1981—the last 4 as House A native of Midwest America, I am the son cattle feeders and the Big Three packers. majority whip. He established a par- of a Greek immigrant father and an Indiana The stockgrowers recently voted to end their schoolteacher mother. A graduate of Harvard association with the NCBA because they no ticular reputation for his leadership in University, I spent three years at Oxford longer represent them. (I’d argue they never writing legislation to support schools, University where I wrote a doctoral disserta- did.) colleges and universities, libraries and tion on the anarchist movement in Spain. Fred Stokes of the The Organization of museums, the arts and humanities, and First elected to the Congress of the United Competitive Markets said: ‘‘Country-of-ori- to provide services for children, the el- States in 1958, I was ten times reelected, gin labeling has precipitated a war. Food derly, and the disabled. serving, therefore, for 22 years and during producers and consumers are on one side A graduate of Harvard University, the Administrations of six President: three with food cartels and their lackeys on the Dr. Brademas was a Rhodes scholar at Republicans—Eisenhower, Nixon and Ford; other. Regrettably, the leadership in our Oxford University where he earned a and three Democrats—Kennedy, Johnson and government has come down on the wrong Carter. side.’’ Ph.D. Last year, Oxford University In Congress I served on the Committee on NFU President Dave Frederickson said, awarded Dr. Brademas the honorary Education and Labor, where I helped write ‘‘This two-year delay is undoubtedly a tactic degree of doctor of civil law, with a ci- all the laws enacted between 1959 and 1981 to to make this widely popular law more vul- tation that described him as ‘‘a man of assist schools, colleges and universities; li- nerable to repeal after the presidential elec- varied talents and extraordinary en- braries and museums; the arts and the hu- tions. The delay will effectively kill COOL ergy, the most practical of academics, manities; and to provide services for chil- for meats, fruits and vegetables. Wild fish the most scholarly men of action.’’ dren, the elderly, the disabled. would be the only food item exempt from the On leaving Congress, Dr. Brademas In my last four years on Capitol Hill, I was delay, which should prove beneficial for Majority Whip, third-ranking member of the salmon fishermen in Senate Appropriations became president of New York Univer- Leadership of the House of Representatives. Committee Chairman Ted Stevens’ state of sity, a position he served from 1981 A Democrat, I was defeated in Ronald Rea- Alaska. There is definitely something fishy until 1992, when he became president gan’s landslide victory over President Carter about this process.’’ emeritus, the position he now holds. in 1980. Shortly thereafter I was invited to

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S176 CONGRESSIONAL RECORD — SENATE January 22, 2004 become president of New York University, ‘‘U.S. military power is essential to global ommendations for change and detailed anal- now the world’s largest private university, a stability and is a critical part of the re- yses of the current state of education, sci- position in which I served until 1992 when I sponse to terrorism’’, Nye agrees. But it is entific research, the media, the publishing became president emeritus. not enough, he adds: ‘‘Soft power rises from industry, culture encompassing religion, in- NEW YORK UNIVERSITY the attractiveness of a country’s culture, po- tellectual heritage and the Arabic language, and other building blocks of a ‘knowledge so- In Congress I was author of the Inter- litical ideas and policies’’. ciety’ in the Arab world.’’ national Education Act of 1966, to provide Nye’s words were echoed recently by a grants to colleges and universities in the powerful essay published last October in Ma- AN ‘‘ARAB KNOWLEDGE SOCIETY’’ ´ United States for study of other countries. drid’s El Paıs by Fedrico Mayor, who de- The report speaks of the ‘‘five pillars’’ of On arriving at New York University or, as we clared, ‘‘The force of Europe is not the Eu- an ‘‘Arab knowledge society’’, including: call it, NYU, I continued my interest in rope of force . . . [but] the force of the spirit, Guaranteeing the key freedoms of opinion, international education. of creative powers . . . of democratic values speech and assembly; We established during my presidency the . . . of education and culture . . . of concilia- The full dissemination of high quality edu- cation; Center for Japan-U.S. Business & Economic tion . . . friendship and solidarity among peoples, of openness, of a culture of Indigenizing science, investing in research Studies in our School of Business; an Onassis and joining the Information Revolution; and Program of Hellenic Studies; the Skirball peace. . . .’’ In view of what I have already said, you Developing an authentic, broadminded and Department of Hebrew and Judaic Studies; a enlightened Arab mode of knowledge. Casa Italiana Zerilli-Marimo; and the King will understand why I was so pleased to have been invited to Rabat for this conference on The terrible attacks of recent weeks and Juan Carlos I of Spain Center for the study months—in Jerusalem, Baghdad, Istanbul the relationship between the West and the of the economics, history and politics of and Riyadh—dramatically demonstrate the Arab world. modern Spain. need for radical change in the Arab world if Let me here recall that last year, in New Beyond such centers at NYU—and I have Arab countries are to look to an era of York City, speaking to a group of Ambas- not named all of them—we have also, for ex- peaceful development and progress and if we sadors from Islamic countries assigned to ample, the Hagop Kevorkian Center for Near in the non-Islamic world are to live without Eastern Studies, a leading center in the the United Nations, I observed that most the omnipresent threat of terrorist activi- United States for teaching and research Americans had never met a Muslim and that ties. about the Arab world; as well as centers in most of us were quite ignorant of the tradi- Allow me then to assert my conviction Florence, London, Madrid, Paris and Prague, tions of Islam. that it is imperative that we in the West, and we hope to set up others in Africa and Accordingly, I told the Ambassadors, un- and especially in the United States, learn Latin America. less you want Americans to think that Islam more about countries other than our own but I add that 4,400 students from the countries is represented by Osama Bin Laden, you especially, after 9/11, about the Islamic world are on our campus this year while nearly must give more attention to teaching the even as we must encourage Arab societies to 2,000 from NYU are studying abroad. best in your religious faith while, on the take steps to implement the recommenda- In my judgement, the need for us in the other hand, those of us who are not Muslims tions in the Arab development report of United States to invest in knowledge of have a similar obligation to listen and to which I have just spoken. other countries and peoples takes on added learn. For further and immediate context for urgency after the war in Iraq. RISING INTEREST IN U.S. IN ISLAM these several reports, let me cite the elo- quent words of His Majesty, King Mohammed It is no secret to any of you that the ac- In fact, one now finds a burgeoning inter- VI, two months ago, on October 10, at the tions of the United States in Iraq have met— est in Islam in the United States. One cannot opening of the Fall session of the Parliament and continue to meet—strong opposition in go into a serious bookshop in New York City many countries, as President Bush person- of Morocco. Speaking of his determination without seeing new volumes on Islam. ‘‘to set the democratic process on the right ally observed during his visit to London a I think, by way of example, of the book few days ago. track’’, His Majesty declared, ‘‘[T]here can Islam: A Mosaic, Not a Monolith by the dis- be no democracy where there are no demo- Here I could cite the report last summer tinguished president of the Carnegie Cor- issued by The Pew Research Center, Views of crats. Democracy is a long, arduous exercise, poration of New York, Vartan Gregorian, and not some sort of battlefield on which to wage a Changing World. Based on a respected sur- of After Jihad: America and the Struggle for vey, the Pew Report found that ‘‘. . . [I]n a war for positions. Democracy implies a Islamic Democracy by Noah Feldman, a bril- keen sense of commitment to the notion of most countries, opinions of the U.S. are liant young scholar on the faculty of the markedly lower than they were a year ago.’’ citizenship. NYU Law School, from whom you will hear ‘‘Consolidation of democracy requires that The report continued, ‘‘. . . [T]he war has shortly. the culture of responsible citizenship be fos- widened the rift between Americans and And in my country there have appeared in tered and enhances, a task incumbent upon Western Europeans, further inflamed the recent months several significant reports political parties and civil society. . . .’’ Muslim world, softened support for the war dealing with the subject of relations between on terrorism and significantly weakened KING MOHAMMED IV ON ‘‘THE DIGNITY OF the West and Arab societies. For example, WOMEN’’ global public support for the pillars of the the Center for the Study of Presidency in In the same address, King Mohammed drew post-World War II era—the UN and the North Washington, DC last July published An Ini- particular attention to the need for steps to Atlantic alliance.’’ tiative: Strengthening U.S.-Muslim Commu- respect, in his words, ‘‘the dignity of women In the United States and Europe, scholars, nications, focusing on failures on the part of as human beings’’, and recalled his own re- journalists and public leaders have engaged the United States in conducting cultural di- marks four years earlier: ‘‘. . . [H]ow can so- in all manner of symposia on the tensions plomacy in the Muslim world after 9/11. ciety achieve progress’’, His Majesty asked, between the United States and Europe as Only last month, an advisory group well as the sharpened hostility toward Amer- ‘‘while women, who represent half the na- chaired by a former U.S. Ambassador, Ed- tion, see their rights violated and suffer as a ica in the Islamic world. ward P. Djerejian, submitted to Secretary of Nor, as you are aware, is public opinion in result of injustice, violence and State Colin Powell and our Congress a report marginalization, not withstanding the dig- the United States overwhelmingly sup- entitled Changing Minds, Winning Peace: A portive of President Bush’s policies toward nity and justice granted them by our glo- New Strategic Direction for U.S. Public Di- rious religion?’’ Iraq, especially in light of the killing of plomacy for the Arab and Muslim World. American and British soldiers and the failure In his statement of December 3, following I cite two other relevant reports: Arts and his meeting with His Majesty, Secretary of the Bush Administration to plan effec- Minds: Cultural Diplomacy amid Global Ten- tively for the aftermath of the war. Powell congratulated the King on the steps sions, based on a conference held last April Morocco has taken to strengthen democracy My own view—and I believe that I reflect at Columbia University and a Council on the opinions of scholars, journalists and such as elections at the regional and par- Foreign Relations statement, Finding Amer- liamentary level and ‘‘bold reforms . . . for many political leaders in our own country ica’s Voice: A Strategy for Reinvigorating and abroad—is that in the war on terrorism the family code.’’ U.S. Public Diplomacy, prepared by a task And as I am quoting the King of the Moroc- and in meeting the other challenges to civil force chaired by a highly respected business can people, I note also his words of October and democratic societies, military power, leader, Peter G. Peterson. 16th this year, in Malaysia, at the 10th Sum- even when exercised by the strongest nation I must, however, draw your particular at- mit of the Organization of the Islamic Con- in history, is not enough. tention among this blizzard of reports to ference, when His Majesty said: ‘‘. . . [I]n ‘‘SOFT POWER’’ VS. ‘‘HARD POWER’’ one, published only last October by the Morocco . . . we have relied on our strong Not only does the United States require United Nations Development Program, the commitment to democracy and our people’s partners in post-war Iraq as well as in other Arab Human Development Report 2003: unanimous condemnation of terrorism, a places of danger but we must also give far Building a Knowledge Society. phenomenon which is clearly alien to our more attention to investing in what my This document was written not by Ameri- culture. It is also inconsistent with the tol- friend, Joseph Nye, Dean of the John F. Ken- cans or Europeans but by a group of distin- erant aims of our religion, which forbids the nedy School of Government at Harvard, has guished Arab scholars and opinion leaders. shedding of innocent blood, advocates peace- called, in contrast to hard power, ‘‘soft The report, say its authors, is ‘‘once de- ful coexistence and upholds human dignity. power’’. scriptive and prescriptive, with bold rec- . . .’’

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S177 This statement of the King of Morocco is The U.S. scholars who come here are pro- from high schoolers from Muslim countries in harmony, I believe, with a comment, also fessors, whose experience will strengthen to be exposed to an American university and last October, in Amman, Jordan, of His their university teaching back home. to visit museums, see plays and tour busi- Royal Highness, Prince El Hassan bin Talal, Morocco’s Fulbright program, by the way, ness firms. President of the Club of Rome and President is a leader in a new initiative in the Islamic The third approach we hope to create of the Arab Thought Forum, who said then: world, Fulbright Foreign Language Teaching under this proposal is four-fold. ‘‘. . . [L]et us not forget that we are in a re- Assistants: young people training to become We want to organize, in cooperation with gion inhabited by the so-called ‘people of the teachers in Morocco are teaching the Arabic other research libraries in New York City, a Book/ahl al-kitab’—Christians, Jews and language and Arab culture at colleges and Comprehensive Public Diplomacy Resource Muslims—and whether we pick up the Bible, universities in the United States—an ex- Center, focusing on the Middle East and open the Torah or the Qur’an, we will find all of us change positive for both sides. to scholars, students and U.S. government are taught to practice and promote peace. The Moroccan instructors not only teach officials, in effect, a clearing house for infor- . . .’’ in American schools but also give talks mation on the Arab and Muslim world. PRINCE HASSAN OF JORDAN OPPOSES TERRORISM about Islam and North Africa to other audi- We plan, too, a program to preserve and digitize unique books and texts from the Indeed, only weeks ago, on November 18th, ences in the United States. Muslim world as well as explore making U.S. speaking on behalf of the World Conference The U.S. Department of State also sup- texts available in translation for Muslim and of Religions for Peace, of which he is Moder- ports citizen exchanges of various kinds—to Arab countries. ator, Prince Hassan declared: build leadership in sports, women’s and other ‘‘The despicable attacks this week against non-governmental organizations, in jour- We also intend to coordinate teacher-train- two synagogues in Turkey are brutal acts nalism and the media, legal reform, the envi- ing programs with faculty from other col- condemned by all people of faith—Jews, ronment, democracy and human rights. leges and universities as well as high school Christians, and Muslims alike. . . . Let me add that I think it fortunate that teachers to inject components of Arab and ‘‘No religious tradition can or will tolerate the newly appointed Under Secretary of Muslim understanding into their courses. these acts. We are united in rejecting terror, State for Public Diplomacy is the distin- Finally, NYU will continue to offer foreign the intentional killing of innocent people, guished former United States Ambassador to language training in Arabic, Hebrew, Per- whether by individuals or states. . . . Morocco, Margaret Tutwiler. sian, Turkish, Hindi and Urdu. ‘‘Muslims, Christians and Jews share a Certainly we in the U.S. must substan- I hasten to say that NYU is not the only common history. . . . tially increase our investment in study of university in the United States that seeks to ‘‘In the face of terrorism, all people of the Arab world. enhance knowledge of Arab and Muslim soci- eties but I have obviously spoken of the in- faith must redouble their efforts to work to- AN NYU CENTER FOR PUBLIC DIPLOMACY AND stitution I know best. gether for peace.’’ DIALOGUE Now everyone here knows that a key ques- TO IMPROVE RELATIONSHIP BETWEEN U.S. AND Even as I have mentioned the Hagop tion being asked in the West is this: Is it pos- MUSLIM WORLD Kevorkian Center for Near Eastern Studies sible for a country where the dominant cul- at NYU, I am very glad to say that New York Nor have I begun to exhaust the kinds of ture is Islamic to have a genuine democracy? University has only weeks ago responded to activities that can be undertaken in the edu- Most of you will be aware of the speech the call of the Advisory Group on Public Di- cational and cultural fields to build under- that President George Bush delivered in plomacy for the Arab and Muslim World in standing between the Arab/Muslim world and Washington, D.C. last month, on November 6, its report, Changing Minds/Winning Peace, the West. to mark the 20th anniversary of the founding by proposing to create, in consultation with Only last summer, at a ‘‘Partners in Hu- of the National Endowment for Democracy, the U.S. State Department, a Center for Pub- manity’’ conference, in Amman, under the an organization that makes grants to private lic Diplomacy and Dialogue, a center my col- leadership of Prince Hassan, 60 leaders con- groups, including some in Morocco, that are leagues at NYU believe will be ‘‘an unprece- vened to produce an action plan to improve working for democracy. the relationship between the United States I was, I should tell you, for seven years dented effort to launch a serious and ongoing exchange with the Arab and Muslim world’’. and the Muslim world. chairman of the Endowment. Here I should like to make a point I believe In his speech, President Bush asserted, ‘‘It Let me tell you what the authors of the proposal hope to do. The Center will offer it important for U.S. policymakers to under- should be clear to all that Islam—the faith of stand. It is not only the words with which we one-fifth of humanity—is consistent with three approaches. First, there will be three kinds of con- describe our policy but the substance of the democratic rule’’, and the President went on policy itself, that is to say, the deeds as well to quote the words of King Mohammed to the ferences. An annual conference will bring to- gether Arab and Muslim leaders from the as the message, that will have an impact in Parliament of Morocco calling for extending the Arab world. rights to women. fields of government, business and religion to discuss such topics as civil society, the Marc Lynch, a scholar at Williams College, But President Bush also cited the recent in an essay, ‘‘Taking Arabs Seriously’’, in report, of which I have told you, in which rule of law, religion, media, democratic in- stitutions and human rights. the journal Foreign Affairs (September/Octo- Arab scholars warned that the global wave of ber 2003), calls for ‘‘a fundamentally different democracy has ‘‘barely reached the Arab Second, there will be conferences where U.S., Arab and Muslim professionals such as approach to the United States’ interaction states’’. with [this] region—one that speaks with What then is to be done? health officials, scientists, educators, and Arabs rather than at them and tries to en- STEPS THE UNITED STATES SHOULD TAKE leaders of non-governmental organizations— can meet for three one-week sessions. gage rather than manipulate’’. Even as I urge Arab leaders to act to build Then we hope to have ‘‘Leaders of Tomor- Lynch added, ‘‘The goal should be to estab- an ‘‘Arab Knowledge Society,’’ there are sev- row’’ conferences, where young individuals, lish the United States, through words and eral steps that, I believe, we in the United rising as the next generation of leaders in deeds, as an ally of the Arab public in its States should take. own demands for liberal reform, rather than Let me speak of some. both the Arab/Muslim world and the United States can get together twice a year. making such reform an external imposi- First, we must strengthen the programs of tion.’’ educational exchanges between the United A second approach under the Center’s sponsorship: fellowships to bring annually Among the several recommendations from States and the Middle East. the October conference in Amman was to A year and a half ago, at a conference on 100 college-age students from Muslim coun- tries to study at NYU, concentrating on law, bring together ‘‘Christian and Muslim faith- the 50th anniversary of AMIDEAST in Mar- based development and aid professionals and rakech, our Assistant Secretary of State Pa- public service, education, journalism, busi- ness and science. Grants of approximately religious leaders to discuss issues of ‘meet- tricia Harrison observed how many alumni of ing human needs’ ’’. these exchanges are heads of state or govern- $50,000 per fellow would cover costs. ment or have held other important positions New York University hopes eventually to WORLD CONFERENCE OF RELIGIONS FOR PEACE of leadership in countries of the Middle East. establish a residential presence on campus— I may say in respect of this proposal for Secretary Harrison said that the State De- to be called ‘‘Dialogue House’’—for some of inter-faith cooperation that next week I partment is expanding the number of Ful- NYU’s finest students and faculty from all shall be in Rome for a meeting of the Inter- bright scholarships and fellowships to people fields, who would live with the exchange stu- national Council of Trustees, of whom I am from the Middle East to study in the United dents from Muslim countries. one, of the World Conference of Religions for States and for Americans to study in the Because we believe cultural and arts pro- Peace, or WCRP, at the Vatican, under the Middle East. grams are vital to this public diplomacy ini- co-chairmanship of Prince Hassan. As we meet in Rabat, let me note that the tiative, we plan exchange programs to bring The other co-chair is Richard Blum, hus- U.S./Morocco Fulbright program includes artists and filmmakers from Arab and Mus- band of United States Senator Diane Fein- faculty and students from both our countries lim societies to work with their American stein of California. and that the budget is shared by the two counterparts. NYU’s Tisch School of the Arts I add that another trustee of the WCRP is sides. already hosts the world’s only International a distinguished Moroccan diplomat, my Moroccan Fulbright students focus on Student Film Festival. friend, Ambassador Mokhtar Lamani, Per- courses in the U.S. to assist them in their We want also, in addition to college-age manent Observer of the Organization of the country’s economic development. students, to arrange brief exchange visits Islamic Conference to the United Nations.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S178 CONGRESSIONAL RECORD — SENATE January 22, 2004 We shall meet in Rome—Orthodox, Protes- panic community, Gonzalo finally Through Gonzalo’s tireless efforts, he tant and Roman Catholic Christians as well partnered with other community advo- has made a profound difference in the as Jews, Muslims and Buddhists to discuss cates to create new institutions. lives of thousands and enhanced the the Geneva Accord and the search for peace Gonzalo Martinez is a founding Board quality of life for an entire State. Upon in the Middle East. Member and a volunteer at El Centro There is one other recommendation form his departure, he will leave behind a Cultural, La Esperanza Community Amman that I applaud, which calls for bring- legacy of commitment to public service Center, Primeros Pasos Child Care Cen- ing together ‘‘Presidents of American col- for both our children and grandchildren leges and universities that are developing or ter, and La Red Health Center. Gonzalo believes that through the arts we can and for the generations that will fol- strengthening Islamic studies programs with low. I thank him for the friendship their counterparts in predominantly Muslim create social justice. He founded El countries who are developing American stud- Centro Cultural and The Hispanic Fes- that we share, and I congratulate him ies programs.’’ tival, which attract thousands of peo- on a remarkable second career. I wish Ladies and gentlemen, I have not, I realize, ple each year. La Esperanza Commu- him only the very best in all that lies begun to touch on all the ways in which the nity Center focuses on immigration ahead.∑ forces of learning and culture, of education services, comprehensive pre- and post- and the arts, can contribute to building f peace in a troubled world. natal care, helping domestic violence But I trust that what I have had to say of- victims, English and citizenship class- fers some rays of hope at a time when we are es, and other general translation and HAL SHROYER surrounded by too much darkness. interpretation services. Primeros Pasos The distinguished Minister of Culture, provides safe child-care and early ∑ Mr. ALLARD. Madam President, I Mohamed Achaari, in inviting us all to Mo- childhood education to approximately rise today to offer a few words for a rocco, posed the question: ‘‘Is a dialogue be- 50 children a year. friend of mine and a friend of the State tween cultures possible?’’ Gonzalo is not afraid to take risks to of Colorado, Mr. Hal Shroyer. Mr. That we meet here this week in Rabat change the status quo and to prove how Shroyer has selflessly served, and con- demonstrates that the answer to the Min- State government and non-profit orga- ister’s question is ‘‘Yes!’’ tinues to serve, both the Nation and So let the dialogue deepen . . . and con- nizations can work together to provide Colorado. He has always fought for tinue! more efficient, cost-effective, and cul- what is right and just, a warrior in turally appropriate services in the f both military and civilian life. community. ADDITIONAL STATEMENTS During my governorship, I had the Prior to the United States entering opportunity to appoint Gonzalo to World War II, barely 20 years old, Hal three councils. When I re-established Shroyer joined the Royal Canadian Air RECOGNIZING GONZALO MAR- the Governor’s Council on Hispanic Af- Force and flew bombing missions over TINEZ’S DECADE OF SERVICE TO fairs in February of 1995, I appointed Europe. When the United States en- DELAWARE Gonzalo to the council. The goal of the tered the war, Hal joined the U.S. ∑ Mr. CARPER. Madam President, I council is to advise the Governor and Army Air Corps where he piloted bomb- rise today in recognition of Gonzalo Secretary of Health and Social Serv- ing missions across the English Chan- Martinez for his ten years of service to ices on means to improve the delivery nel into occupied lands. While serving Delaware. Gonzalo will be leaving us of services to the Hispanic community in the Army Air Corps Hal met and in Delaware. shortly to move to Florida. His leader- married his wife Maxine, joining her in ship and dedication over the years have In June of 1995, I also named Gonzalo to the Delaware State Arts Council. As a loving union that lasted for more won him the respect and gratitude of than 50 years. Around 1953 Hal and our entire State. He has been, and re- a member of the State Council, Gonzalo contributed to the evaluation Maxine moved to Colorado where, day mains, a trusted friend. of grant applications and actively par- after day, year after year, Hal has Gonzalo was born in Santiago, Chile. ticipated in policy discussions. Finally, given generously of his time and en- He graduated from the University of I appointed Gonzalo to the Neighbor- ergy to his fellow Coloradans. Chile’s School of Law in 1964, and hood Assistance Act Advisory Council moved to Washington, DC, in 1966 to Among Hal Shroyer’s many profes- in August of 2000. The Neighborhood work as a bilingual attorney in the sional and civic accomplishments Assistance Act Advisory Council was legal department of the Inter-Amer- stand a few I would mention today. Hal established to provide guidance and ican Development Bank. There, he was instrumental in the addition of recommendations to the Director of worked toward the bank’s goal of fos- photographs to Colorado driver’s li- the Economic Development Office and censes, helping to make the State the tering the economic and social develop- the Tax Appeal Board. Its purpose is to second in the Nation to include a pic- ment of Latin-America and the Carib- establish program priorities and to de- ture. More recently Hal Shroyer led bean. termine the impoverished areas that While visiting a friend in Delaware in are in need of financial assistance. the fight for a motor voter program, al- the early 1980s, Gonzalo fell in love More recently, in my first term as a lowing for voters to register to vote at with a house he saw here. He bought U.S. Senator, Gonzalo Martinez has their local Department of Motor Vehi- the house, and while continuing to served on my National Parks Com- cles. Each of these programs represent work in Washington, he spent much of mittee, a committee established in 2003 the norm today across the United his spare time remodeling his home in to recommend the best possible loca- States. Hal Shroyer’s tireless dedica- Delaware. After 23 years of hard work tion for a National Park Unit here in tion to the betterment of Colorado can- at the bank, Gonzalo retired and moved Delaware. not be simply summed up by these ex- to his beloved home in the first State. I respect and admire Gonzalo for his amples, but I am pleased to offer them Upon his arrival in Delaware, Gonzalo dedication, his passion, and most of all, as illustrations of this man’s tremen- became an active member of the Sus- for his humility. He never takes credit dous contributions. sex County community. for the accomplishments of the organi- As a young man in Indiana Hal When Gonzalo moved to Delaware, he zations. Instead of trying to build one was approached by the Sussex Arts large organization to meet all of the Shroyer tried out for his local track Council to help fill the ‘‘black hole’’ in needs, Gonzalo has partnered with oth- team. The track coach told Hal he Sussex County’s Hispanic community. ers who have expertise in certain areas would never make the team because he He saw a desperate need for community to create organizations to meet a spe- walked like a duck. Needless to say Hal centers, health programs and other cific need. While the partners are all made the track team and he has been a services. For years, Gonzalo tried to different, and the organizations have dynamo ever since. As Hal Turns 83 work with agencies and programs. different missions, the thing they have years old in the coming days I send When it became apparent that they in common is Gonzalo Martinez. He him my thanks for his lifetime of serv- were unwilling to change and meet the sees not only what could be, but what ice and wishes for joy in the years to emerging needs of the growing His- should be. come.∑

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S179 RECOGNIZING THE 10TH ANNIVER- strong Board of Directors, she began respect from her colleagues. She has SARY OF PUBLIC ALLIES DELA- working with Antoine Allen in the im- received numerous Army awards and WARE plementation of the program. The first decorations, including the Legion of ∑ Mr. CARPER. Madam President, I class graduated in 1995 with financial Merit and the Meritorious Service recognize the 10th anniversity of Pub- support from five corporations and Medal. She also completed the U.S. lic Allies Delaware. This organization foundations and a grant from Army War College in 1999. Brigadier is celebrating a decade of mobilizing AmeriCorps. General Tymeson also serves as a mem- diverse groups of young leaders by both In the 10 years subsequent to its in- ber of the Iowa House of Representa- civic participation and community ception, Public Allies Delaware has tives. She chairs the House Education outreach. Public Allies Delaware has made substantial progress in the areas Committee and is a member on both built a reputation for providing inte- of funding and development. In 1995, the Human Resources and Ways and gral community service throughout the organization was able to success- Means Committees. She is also active Delaware. If this organization’s first fully secure a 100 percent increase in in many community and civic organi- decade is any indication of what it will Public Allies Delaware’s Grant-in-Aid zations and serves on the boards of di- offer in the future, we have much to allocation from the State legislature. rectors for the Fort Des Moines Memo- look forward to. By 1998, the board and program staff rial Park and Education Center and In 1992, a diverse group of young so- members were able to dramatically in- Iowa Jobs for America’s Graduates. cial entrepreneurs were helped by a crease program funding by obtaining a Congratulations again to Brigadier number of established community and line item in the State of Delaware De- General Tymeson. She continues to national leaders to create Public Al- partment of Labor’s operating budget. serve her country with dedication and I lies. They believed that there were More recently, in 1999, the program thank her for her continued energy and many energetic, talented young people began an invaluable partnership with devotion to Iowa and to America.∑ who wanted to address critical issues the University of Delaware’s College of f in their communities and that many Human Resources, Education and Pub- IN HONOR OF MR. BILL SIMPSON, organizations and communities could lic Policy. Through this affiliation, JR. benefit from such contributions to so- Public Allies Delaware alumni are of- ciety. fered the opportunity to supplement ∑ Mr. KOHL. Madam President, I rise Through the signature AmeriCorps the education and experience they today to honor the memory of Mr. Bill program, Public Allies identifies tal- gained from the Public Allies program Simpson. The following speeches, ‘‘The ented young adults from diverse back- with a full-tuition undergraduate or Celebration of the Life and Times of grounds and advances their leadership graduate scholarship. To date, program Bill Simpson’’ and ‘‘Bill’s Table,’’ were through a 10-month program of full- alumni have utilized more than a half originally delivered after the occasion time, paid apprenticeships in nonprofit million dollars of Federal Government of Bill Simpson’s burial at Arlington organizations, weekly leadership scholarship funds and matching fund National Cemetery by Mr. Bill Simpson trainings, and team service projects. awards provided by the University of III and David Lambert, respectively. I In order to effectively achieve its Delaware in pursuit of higher edu- ask consent the speeches be printed in goals and uphold its values, the pro- cation. the RECORD. gram consists of apprenticeships, lead- Currently, Public Allies operates The material follows: ership training, and team service both in Wilmington, DE, and at a new THE CELEBRATION OF THE LIFE AND TIMES OF projects. The apprenticeships offer Al- satellite site in Georgetown, DE. The BILL SIMPSON lies the opportunity to gain ‘‘real program continues to maintain a state- Thank you for being here today. Our fam- world’’ experience through service in wide presence through 11 Allies located ily takes great comfort in your support and nonprofit and public agencies. In these in Sussex and Kent Counties and an- kindness through these trying times. We are eternally grateful. apprenticeships, Allies face important other 11 located in New Castle County. Today, I would like to acknowledge the issues such as youth development, edu- By presenting a vehicle by which Veteran’s Medical Center in Washington, DC. cation, and public safety. young people can both get involved in The staff in this great hospice and nursing Furthermore, the leadership training their community and receive scholar- home provided excellent care to my father, aspect of the program helps Allies de- ship opportunities, Public Allies Dela- while preserving his dignity in the last days velop the necessary knowledge, skills, ware has provided an essential service of his life. The patient care staff are angels and abilities so they can work produc- to the State. on earth. They are truly engaged in a labor tively and effectively with people from I thank the Public Allies for all that of love, and that means so much to families who have loved ones under their care. all walks of life. Through this leader- they do not only in Delaware but all I must also acknowledge the most sup- ship training, Allies attain skills in across the country, and I wish them a portive, faithful and loyal person in our fa- communication, critical thinking, ap- very happy 10th anniversary. I today ther’s life. Our mother, Evelyn, never preciation of diversity, conflict resolu- offer my full support and congratulate wavered, not even for a single day. tion, and community asset recognition them on a remarkable decade of suc- In honor of my father, the Simpson family from a multitude of community lead- cess.∑ has established ‘‘The William Simpson Vet- ers, professional consultants, and ex- eran’s Assistance Account’’ to provide some f needed purchases to enhance the lives of ecutives from nonprofit and corporate those old warriors in their last days on this organizations. RECOGNITION OF BRIGADIER GENERAL TYMESON earth. Donations are appreciated, not only Recognized by the Bush and Clinton by my family, but also by the veterans and administrations as a model for na- ∑ Mr. GRASSLEY. Madam President, I their families. tional service, Public Allies has grown rise today to honor an exceptional We have also begun to compile some of my to 11 communities nationwide in which Iowan. On October 20, 2003, Iowa Na- father’s favorite stories. We have catalogued more than 1,350 Allies have served. tional Guard Assistant Adjutant Gen- hundreds of his speeches that were written Evaluations have demonstrated Public eral Jodi S. Tymeson was promoted to while serving with the late former Governor the rank of Brigadier General. She has Paul B. Johnson of Mississippi, the late Sen- Allies’ effectiveness at advancing di- ator James Eastland, former President verse young leaders, strengthening the distinct honor of being the first fe- Jimmy Carter and others when he returned communities, strengthening non- male General Officer in the history of to the private sector. My father loved the profits, and strengthening civic par- the Iowa National Guard. Her hard power and influence of language and words ticipation. work and dedication to service are and it is reflected in his writings and stories. In 1994, full-time volunteer Suzanne celebrated by this promotion. I want to If you have a story from my father’s life Sysko, founded the fourth site of the extend my deepest congratulations to that you would like to share—or one that we fledgling Public Allies national organi- Brigadier General Tymeson. haven’t heard—and there are millions, please send them to us. We want to share these sto- zation in Wilmington, DE. With her fa- Serving in the Iowa Army National ries with his friends and family. ther’s assistance, she obtained free of- Guard for nearly 30 years, she con- This event is being held here at the ‘‘116 fice space in the PNC Building on Dela- tinues to prove herself a capable and Club,’’ which is appropriate for many rea- ware Avenue. After putting together a responsible leader and one who garners sons. A celebration of the life and times of

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S180 CONGRESSIONAL RECORD — SENATE January 22, 2004 William Simpson would be incomplete with- Senate was full of friendships and goodwill in gentle as a family prayer. My own prayer out the 116 Club. This place was his home spite of huge disagreements on the issues. I now is that my sons will always have a Bill away from home. It was where he was com- know the beautiful memories of his long and Simpson in their lives. fortable. Here he was surrounded by people productive life will last forever.’’ We thought Bill always would be at his he truly loved. The people in this room car- We also received a note form Hiram East- table. Well, take heart. He is still there, and ried him throughout his life. He loved this land who told his story better than I can— he will be, next month—and next year. There place. Here were people he truly admired— ‘‘What a wonderful life and wealth of friends will be no new stories—only those we know always sharing good stories and, of course, he had. He deeply touched and brought joy by heart—at least 116 of them. And in time good food! Once again, we are grateful for and inspiration to the lives of many people they will become richer—as will we—because your presence here today. It is such a mov- . . . a legendary bedrock character with spir- we had a place at Bill’s table. ing testament to my father and we thank it and good humor . . . keen on Mississippi David Lambert, January 12, 2004∑ you. and Washington insight and stories that will My father was my closest and most faith- live on in our memories. No man ever loved f ful friend. My sister Ellen and I were ex- his family or his state or country more, and MESSAGES FROM THE PRESIDENT tremely fortunate, in these times when peo- no man ever understood, enjoyed, or knew ple thirst for a hero and role model, we better how to engage and practice the art of Messages from the President of the didn’t have to look very far. We just looked politics for the public good than Bill Simp- United States were communicated to to my father. He was a great father, not only son’’. the Senate by Ms. Evans, one of his to my sister and me, but as a leader and As we say goodbye to this fine and decent secretaries. mentor for so many people—many who are man, let us take comfort in his accomplish- here today. ments and most importantly remember the f My father was one of the most genuinely impact he had on our lives. EXECUTIVE MESSAGES REFERRED modest people that I have ever known. He In closing, I would like to use one of my fa- never stood above people. He never forgot ther’s favorite quotes that I think really de- As in executive session the Presiding where he came from, and he never forgot or fined his character— Officer laid before the Senate messages lost sight of his mission to serve—to serve The thoughts of others were light and fleet- from the President of the United others unselfishly. From his early days in ing. States submitting sundry nominations the family seafood factory in Gulfport, Mis- Of lover’s meeting or luck or fame. which were referred to the appropriate sissippi, he rose to work for the President of Mine were of trouble and mine were steady. committees. the United States, but he never lost his So I was ready when trouble came. (The nominations received today are touch with his common roots. My Father was ready. My father was a faithful and loyal husband printed at the end of the Senate pro- Thank you. for over 56 years to our mother, Evelyn. ceedings.) lBill Simpson, III, January 12, 2004. Faithful and loyal are words used most to f describe him. It is fitting that he was laid to rest in the hallowed ground at Arlington Na- BILL’S TABLE MESSAGES FROM THE HOUSE tional Cemetery, surrounded by veterans When we gathered at Bill’s table we knew At 3:55 p.m., a message from the from that twinkle and grin that we were who have faithfully served this country. Our House of Representatives, delivered by father took the oath of service to the United wrapped warm in his welcome. We knew that States of America to heart—it set the course friendship mattered most, and that our poli- Ms. Niland, one of its reading clerks, for the rest of his life. Being ‘‘faithful and tics could be checked at the door. We knew announced that pursuant to section loyal’’ were not mere commodities to be used our day was about to get better because we 214(a) of the Help America Vote Act of when it was popular, and then to be cast were going to spend an hour with someone 2002 (42 U.S.C. 15344), the Minority aside or compromised when it became a bur- very special. We all knew we were about to Leader appoints Willie L. Brown, Jr., of den. These ideals were at the core of the fab- be enriched—kindred spirits listening and San Francisco, California, to the Elec- ric that represented the character of our fa- laughing and learning with Bill. Yes, we listened, we laughed, and we tion Assistance Commission Board of ther. He was ‘‘faithful and loyal’’ all his Advisors. Mr. Brown is appointed for a life—when he wore his uniform, when he learned. He told us of Governors and sheriffs, served Governor Johnson, Senator Eastland, of gamblers and rebels, of saints and scoun- 2-year term. President Carter and his beloved home state drels, of Committee Chairmen and of Chair- The message also announced that of Mississippi and most importantly his fam- man’s Representatives. We heard about poli- pursuant to section 1238(b)(3) of the ily and friends. tics and politicians and public servants. We Floyd D. Spence National Defense Au- He would tell me a story many times over learned about Bay of St. Louis and Gulfport thorization Act of Fiscal Year 2001 in my life and he would say, ‘‘Bill, some of and Pass Christian, and, oh, yes, about the (Public Law 106–398), the Minority wrath of the terrible Camille; he talked of our friends die, and I wish we could do some- Leader reappoints Ms. Carolyn Bar- thing about it, but we can’t, that’s life, but the Mighty River—its mischief and its maj- what we can control in this life is how you esty. Bill shared stories of his Pacific com- tholomew of the District of Columbia, treat your friends. You never quit your rades—heroes who saved the world in an for a 2-year term that expires Decem- friends, even if they lose an election, or are Ocean half a world away; of the Chepachet ber 31, 2005, to the United States-China in trouble, or are in need. That’s when you and her amphibious campaigns; of battles Review Commission. need to be there.’’ and of brave men. The message further announced that For many of us here, he was our Atticus He spoke with quiet admiration of those pursuant to section 491 of the Higher Finch, our backstop, always there with sup- who defined who he was—his family most of Education Act (20 U.S.C. 1098(c)), the all, but also of a Governor named Johnson, port and counsel, never having to look over order of the House of December 8, 2003, your shoulder, because you knew he was of a Senator named Eastland, and of a Presi- there. My father was a man of character and dent named Carter. We heard about the Old and upon the recommendation of the courage. A great author once said ‘‘courage South and the New South—this Son of Mis- Minority Leader, the Speaker appoints is grace under pressure.’’ If that is the case, sissippi had a big hand in both. He talked of the following member on the part of this man was filed with grace. striving to build bridges, of civil rights; of the House of Representatives to the In the tough times in Mississippi during justice and of the Department of Justice; of Advisory Committee on Student Finan- the Civil Rights Era, my father provided compassion and of reconciliation; of under- cial Assistance for a 3-year term: Mr. sound, courageous leadership. I know that he standing and of progress. Robert Shireman of Oakland, Cali- prevented bloodshed across the state. He was But those were all words, and the essence color-blind when it wasn’t popular to be so. of Bill was not what he said, but who he was. fornia. I attribute this to his strong faith and love Much more important than his words were f for humanity. what we learned from Bill—and in the spirit Money, fame and power meant nothing to of his own lively metaphors the images of his ENROLLED BILL SIGNED him. He understood the proper use of power life lessons for us will keep coming back. At 3:50 p.m., a message from the to help people, not for self-interest, but as a We learned from Bill that character could House of Representatives, delivered by tool for service; especially for the under-rep- be as strong and deep-rooted as his State’s one of its clerks, announced that the live oaks, and that friendships should be as resented. He would captivate crowds with his Speaker has signed the following en- words and passion. He was gracious, kind, durable and as sweet as an aged bourbon. We and gentle. He always kept a low profile, learned that trust should be as strong as the rolled bill: while maintaining unshakeable integrity. He Great River levees his generation helped H.R. 2673. An act making appropriations was in every sense an American treasure. build, and that the embrace of a friend could for Agriculture, Rural Development, Food As Senator Kennedy stated last week on be as warm as a Delta summer. and Drug Administration, and Related Agen- the floor of the Senate, ‘‘Seeing him so often We learned that loyalty could be as fierce cies for the fiscal year ending September 30, reminded me of those happy times when the as a Gulf storm, and personal presence as 2004, and for other purposes.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S181 The enrolled bill was signed subse- SW–36’’ (RIN2120–AA64) received on January mitting, pursuant to law, the report of a rule quently by the President pro tempore 20, 2004; to the Committee on Commerce, entitled ‘‘Airworthiness Directives: Dassault Model Falcon 900 EX and Mystere-Falcon 900 (Mr. STEVENS). Science, and Transportation. EC–5812. A communication from the Pro- Series Airplanes; Doc. No. 2001–N–269’’ f gram Analyst, Federal Aviation Administra- (RIN2120–AA64) received on January 20, 2004; EXECUTIVE AND OTHER tion, Department of Transportation, trans- to the Committee on Commerce, Science, COMMUNICATIONS mitting, pursuant to law, the report of a rule and Transportation. entitled ‘‘Airworthiness Directives: Titeflex EC–5821. A communication from the Pro- The following communications were Corporations; Correction; Doc. No. 2002–NE– gram Analyst, Federal Aviation Administra- laid before the Senate, together with 22’’ (RIN2120–AA64) received on January 20, tion, Department of Transportation, trans- accompanying papers, reports, and doc- 2004; to the Committee on Commerce, mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: McDon- uments, and were referred as indicated: Science, and Transportation. EC–5813. A communication from the Pro- nell Douglas Model DC 10 10, 10 10F, 10 15, 10 EC–5804. A communication from the Pro- gram Analyst, Federal Aviation Administra- 30, 10 30F, 10 40, and 10 40F Airplanes; Doc. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- No. 2002–NM–08’’ (RIN2120–AA64) received on tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule January 20, 2004; to the Committee on Com- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Airbus merce, Science, and Transportation. entitled ‘‘Airworthiness Directives: General Model A319, A320, and A321 Series Airplanes EC–5822. A communication from the Pro- Electric Company CF6–80E142 and 80E1A4 Equipped With Certain Litton Air Data Iner- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Turbofan Engines; Doc. No. 2003–NE–26’’ tial Reference Units; Doc. No. 2002–NM–92’’ mitting, pursuant to law, the report of a rule (RIN2120–AA64) received on January 20, 2004; (RIN2120–AA64) received on January 20, 2004; entitled ‘‘Airworthiness Directives: McDon- to the Committee on Commerce, Science, to the Committee on Commerce, Science, nell Douglas Model MD 11 and 11F Airplanes; and Transportation. and Transportation. Doc. No. 2001–NM–163’’ (RIN2120–AA64) re- EC–5805. A communication from the Pro- EC–5814. A communication from the Pro- ceived on January 20, 2004; to the Committee gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- on Commerce, Science, and Transportation. tion, Department of Transportation, trans- EC–5823. A communication from the Pro- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: General gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Airbus tion, Department of Transportation, trans- Electric Company CF34–8C1 Series and CF34 Model A300 B4–600 Series Airplanes, Model 8C5 Series Turbofan Engines; Doc. No. 2003– mitting, pursuant to law, the report of a rule A300 B4 600R Series Airplanes, Model A300 C4 entitled ‘‘Airworthiness Directives: McDon- NE–58’’ (RIN2120–AA64) received on January 605R Variant Airplanes; Doc. No. 2002–NE–40’’ 20, 2004; to the Committee on Commerce, nell Douglas Model MD 90 30 Airplanes; Doc. (RIN2120–AA64) received on January 20, 2004; No. 2003–NM–169’’ (RIN2120–AA64) received on Science, and Transportation. to the Committee on Commerce, Science, EC–5806. A communication from the Pro- January 20, 2004; to the Committee on Com- and Transportation. merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- EC–5815. A communication from the Pro- EC–5824. A communication from the Pro- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Anjoy mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Aeronautique Safety Belts and Restraint entitled ‘‘Airworthiness Directives: Pratt entitled ‘‘Airworthiness Directives: Bom- Systems; Doc. No. 2003–CE–31’’ (RIN2120– and Whitney PW 4074, PW4074D, PW4077, bardier Model DHC 8 400, 401, and 402 Air- AA64) received on January 20, 2004; to the PW4977, PW4977D, PW4084, PW4084D, PW4090, planes; Doc. No. 2002–NM–78’’ (RIN2120–AA64) Committee on Commerce, Science, and PW4090D, PW4090–e, and PW 4098 Turbofan received on January 20, 2004; to the Com- Transportation. Engines; Doc. No. 2003–NE–40’’ (RIN2120– mittee on Commerce, Science, and Transpor- EC–5807. A communication from the Pro- AA64) received on January 20, 2004; to the tation. gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and EC–5825. A communication from the Pro- tion, Department of Transportation, trans- Transportation. gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule EC–5816. A communication from the Pro- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Boeing gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Model 737–100, 200, 200C, 300, 400, and 500 Se- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Bom- ries Airplanes; Doc. No. 2000–NM–422’’ mitting, pursuant to law, the report of a rule bardier Model DHC 8 102, 103, 106, 201, 202, 301, (RIN2120–AA64) received on January 20, 2004; entitled ‘‘Airworthiness Directives: Airbus 311, and 315 Airplanes; Doc. No. 2001–N–266’’ to the Committee on Commerce, Science, Model A319, A320, and A321 Series Airplanes; (RIN2120–AA64) received on January 20, 2004; and Transportation. Doc. No. 2002–NM–125’’ (RIN2120–AA64) re- to the Committee on Commerce, Science, EC–5808. A communication from the Pro- ceived on January 20, 2004; to the Committee and Transportation. gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. EC–5826. A communication from the Pro- tion, Department of Transportation, trans- EC–5817. A communication from the Pro- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Pratt tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule and Whitney JT9D–3A, 7, 7A, 7F, 7H, 7AH, mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: Boeing and 7J Turbofan Engines; Doc. No. 2003–NE– entitled ‘‘Airworthiness Directives: Airbus Model 777–200 and 777–300 Series Airplanes; Doc. No. 2001–NM–295’’ (RIN2120–AA64) re- 52’’ (RIN2120–AA64) received on January 20, Model A319–113, and –114 Series Airplanes; ceived on January 20, 2004; to the Committee 2004; to the Committee on Commerce, Doc. No. 2002–N–61’’ (RIN2120–AA64) received on Commerce, Science, and Transportation. Science, and Transportation. on January 20, 2004; to the Committee on EC–5809. A communication from the Pro- EC–5827. A communication from the Pro- Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- EC–5818. A communication from the Pro- tion, Department of Transportation, trans- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Airbus entitled ‘‘Airworthiness Directives: McDon- mitting, pursuant to law, the report of a rule Model A300 B4 622R and A300 F4 622R Air- nell Douglas MD 90 30 Airplanes; Doc. No. entitled ‘‘Airworthiness Directives: Boeing planes, and Model A310 324 and 325 Series 2002–NM–103’’ (RIN2120–AA64) received on Model 747–100, 100B, 100B SUD, 200B, 200C, Airplanes; Doc. No. 2000–NM–137’’ (RIN2120– January 20, 2004; to the Committee on Com- 200F, 300, 400, 747SR, and 747SP Series Air- AA64) received on January 20, 2004; to the merce, Science, and Transportation. planes; Doc. No. 2001–NM–180’’ (RIN2120– Committee on Commerce, Science, and EC–5810. A communication from the Pro- AA64) received on January 20, 2004 ; to the Transportation. gram Analyst, Federal Aviation Administra- Committee on Commerce, Science, and EC–5828. A communication from the Pro- tion, Department of Transportation, trans- Transportation. gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule EC–5819. A communication from the Pro- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Cessna gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Aircraft Company Models 172R, 172S, 182S, tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives: Airbus 182T, T182T, 206H, and T206H Airplanes; Doc. mitting, pursuant to law, the report of a rule Model A319 and A320 Series Airplanes No. 2003–CE–28’’ (RIN2120–AA64) received on entitled ‘‘Airworthiness Directives: Boeing Equipped with Elevator and Aileron Com- January 20, 2004; to the Committee on Com- Model 737–100, 200, 200C, 300, 400, and 500 Se- puter; Doc. No. 2002–NM–57’’ (RIN2120–AA64) merce, Science, and Transportation. ries Airplanes; Doc. No. 2003–NM–243’’ received on January 20, 2004; to the Com- EC–5811. A communication from the Pro- (RIN2120–AA64) received on January 20, 2004; mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Administra- to the Committee on Commerce, Science, tation. tion, Department of Transportation, trans- and Transportation. EC–5829. A communication from the Pro- mitting, pursuant to law, the report of a rule EC–5820. A communication from the Pro- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: Augusta gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- SpA Model A109E Helicopters; Doc. No. 2003– tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S182 CONGRESSIONAL RECORD — SENATE January 22, 2004 entitled ‘‘Airworthiness Directives: Pratt tion, Department of Transportation, trans- ceived on January 13, 2004; to the Committee and Whitney JT9D 7R4 Series Turbofan En- mitting, pursuant to law, the report of a rule on Commerce, Science, and Transportation. gines; Doc. No. 2003–NE–01’’ (RIN2120–AA64) entitled ‘‘Modification of Class E Airspace; EC–5849. A communication from the Senior received on January 20, 2004; to the Com- Johnson, KS Doc. No. 03–ACE–77’’ (RIN2120– Legal Adviser, Media Bureau, Federal Com- mittee on Commerce, Science, and Transpor- AA66) received on January 20, 2004; to the munications Commission, transmitting, pur- tation. Committee on Commerce, Science, and suant to law, the report of a rule entitled EC–5830. A communication from the Pro- Transportation. ‘‘Amendment of Section 73.202(b), Table of gram Analyst, Federal Aviation Administra- EC–5840. A communication from the Pro- Allotments, FM Broadcast Stations (Salina, tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- UT)’’ (MB Doc. No. 02–166) received on Janu- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- ary 13, 2004; to the Committee on Commerce, entitled ‘‘Standard Instrument Approach mitting, pursuant to law, the report of a rule Science, and Transportation. Procedures; Miscellaneous Amendments (59) entitled ‘‘Modification of Class D Airspace; EC–5850. A communication from the Senior Amendments No. 3086’’ (RIN2120–AA65) re- and Modification of Class E Airspace; To- Legal Adviser, Media Bureau, Federal Com- ceived on January 20, 2004; to the Committee peka, Phillip Billiard Municipal Airport, KS munications Commission, transmitting, pur- on Commerce, Science, and Transportation. Doc. No. 03–ACE–75’’ (RIN2120–AA66) received suant to law, the report of a rule entitled EC–5831. A communication from the Pro- on January 20, 2004; to the Committee on ‘‘Amendment of Section 73.202(b), Table of gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. Allotments, FM Broadcast Stations tion, Department of Transportation, trans- EC–5841. A communication from the Pro- (Carrizozo, NM)’’ (MB Doc. No. 03–69) re- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- ceived on January 13, 2004; to the Committee entitled ‘‘Modification of Class E Airspace: tion, Department of Transportation, trans- on Commerce, Science, and Transportation. Chicago, IL; Doc. No. 03–AGL–11’’ (RIN2120– mitting, pursuant to law, the report of a rule EC–5851. A communication from the Senior AA66) received on January 20, 2004; to the entitled ‘‘Modification of Class E Airspace; Legal Adviser, Media Bureau, Federal Com- Committee on Commerce, Science, and Doc. No. 03–ACE–76’’ (RIN2120–AA66) received munications Commission, transmitting, pur- Transportation. on January 20, 2004; to the Committee on suant to law, the report of a rule entitled EC–5832. A communication from the Pro- Commerce, Science, and Transportation. ‘‘Reexamination of the Comparative Stand- gram Analyst, Federal Aviation Administra- EC–5842. A communication from the Pro- ard for Noncommercial Educational Appli- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- cants’’ (MM Doc. No. 95–31) received on Janu- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- ary 13, 2004; to the Committee on Commerce, entitled ‘‘Modification of Class E Airspace: mitting, pursuant to law, the report of a rule Science, and Transportation. Wilmington, Clinton Field, OH; Doc. No. 03– entitled ‘‘Modification of Class E Airspace; EC–5852. A communication from the Chief, AGL–13’’ (RIN2120–AA66) received on Janu- Sidney, NE Doc. No. 03–ACE–78’’ (RIN2120– Regulations and Administrative Law, Coast ary 20, 2004; to the Committee on Commerce, AA66) received on January 20, 2004; to the Guard, transmitting, pursuant to law, the re- Science, and Transportation. Committee on Commerce, Science, and port of a rule entitled ‘‘Validation of Mer- EC–5833. A communication from the Pro- Transportation. chant Mariner’s Vital Information and gram Analyst, Federal Aviation Administra- EC–5843. A communication from the Pro- Issuance of Coast Guard Merchant Mariner’s tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Documents’’ (RIN1625–AA81) received on Jan- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- uary 13, 2004; to the Committee on Com- entitled ‘‘Establishment of Class E Airspace; mitting, pursuant to law, the report of a rule merce, Science, and Transportation. Canby, MN Doc. No. 03–AGL–15’’ (RIN2120– entitled ‘‘Service Difficulty Report; Delay of EC–5853. A communication from the Chief, AA66) received on January 20, 2004; to the Effective Date; Doc. No. FAA–2000–7952’’ Regulations and Administrative Law, Coast Committee on Commerce, Science, and (RIN2120–AI13) received on January 20, 2004; Guard, transmitting, pursuant to law, the re- Transportation. to the Committee on Commerce, Science, port of a rule entitled ‘‘Drawbridge Regula- EC–5834. A communication from the Pro- and Transportation. tions: [CDG08–03–048], Mississippi River, Du- gram Analyst, Federal Aviation Administra- EC–5844. A communication from the Senior buque Iowa’’ (RIN1625–AA09) received on tion, Department of Transportation, trans- Legal Adviser, Media Bureau, Federal Com- January 13, 2004; to the Committee on Com- mitting, pursuant to law, the report of a rule munications Commission, transmitting, pur- merce, Science, and Transportation. entitled ‘‘Modification of Class E Airspace; suant to law, the report of a rule entitled EC–5854. A communication from the Chief, Zanesville, OH Doc. No. 03–AGL–14’’ ‘‘Amendment of Section 73.202(b), Table of Regulations and Administrative Law, Coast (RIN2120–AA66) received on January 20, 2004; Allotments, FM Broadcast Stations Guard, transmitting, pursuant to law, the re- to the Committee on Commerce, Science, (Carrollton, Gurley, Meridianville, and port of a rule entitled ‘‘Drawbridge REgula- and Transportation. Tuscumbia, AL)’’ (MB Doc. No. 02–114) re- tions (Including 3 Regulations): [CGD08–02– EC–5835. A communication from the Pro- ceived on January 13, 2004; to the Committee 035], [CGD07–03–141], [CGD07–03–094]’’ gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. (RIN1625–AA09) received on January 13, 2004; tion, Department of Transportation, trans- EC–5845. A communication from the Senior to the Committee on Commerce, Science, mitting, pursuant to law, the report of a rule Legal Adviser, Media Bureau, Federal Com- and Transportation. entitled ‘‘Amendment of Class E Airspace; munications Commission, transmitting, pur- EC–5855. A communication from the Chief, Honesdale, PA Doc. No. 03–AEA–15’’ suant to law, the report of a rule entitled Regulations and Administrative Law, Coast (RIN2120–AA66) received on January 20, 2004; ‘‘Amendment of Section 73.202(b), Table of Guard, transmitting, pursuant to law, the re- to the Committee on Commerce, Science, Allotments, FM Broadcast Stations port of a rule entitled ‘‘Safety/Security Zone and Transportation. (Silverton and Memphis, TX; Leedey, OK)’’ Regulations: [CGD09–03–289], Renaissance EC–5836. A communication from the Pro- (MB Doc. Nos. 03–72, 73, 75) received on Janu- Center, Cobo Hall, North American Inter- gram Analyst, Federal Aviation Administra- ary 13, 2004; to the Committee on Commerce, national Auto Show, Detroit River, Detroit tion, Department of Transportation, trans- Science, and Transportation. MI’’ (RIN1625–AA00) received on January 13, mitting, pursuant to law, the report of a rule EC–5846. A communication from the Senior 2004; to the Committee on Commerce, entitled ‘‘Amendment of Class E Airspace; Legal Adviser, Media Bureau, Federal Com- Science, and Transportation. Doc. No. 03–AEA–12’’ (RIN2120–AA66) received munications Commission, transmitting, pur- EC–5856. A communication from the Chief, on January 20, 2004; to the Committee on suant to law, the report of a rule entitled Regulations and Administrative Law, Coast Commerce, Science, and Transportation. ‘‘Amendment of Section 73.202(b), Table of Guard, transmitting, pursuant to law, the re- EC–5837. A communication from the Pro- Allotments, FM Broadcast Stations (Alpine port of a rule entitled ‘‘Deepwater Ports gram Analyst, Federal Aviation Administra- and Presidio, TX)’’ (MB Doc. No. 02–239) re- [USCG–1998–3884]’’ (RIN1625–AA20) received tion, Department of Transportation, trans- ceived on January 13, 2004; to the Committee on January 13, 2004; to the Committee on mitting, pursuant to law, the report of a rule on Commerce, Science, and Transportation. Commerce, Science, and Transportation. entitled ‘‘Amendment of Class E Airspace; EC–5847. A communication from the Senior EC–5857. A communication from the Senior Erie, PA Doc. No. 03–AEA–13’’ (RIN2120– Legal Adviser, Media Bureau, Federal Com- Attorney, Research and Special Programs AA66) received on January 20, 2004; to the munications Commission, transmitting, pur- Administration, transmitting, pursuant to Committee on Commerce, Science, and suant to law, the report of a rule entitled law, the report of a rule entitled ‘‘Hazardous Transportation. ‘‘Amendment of Section 73.202(b), Table of Materials Regulations: Compatibility with EC–5838. A communication from the Pro- Allotments, FM Broadcast Stations the Regulations of the International Atomic gram Analyst, Federal Aviation Administra- (Hartington, NB)’’ (MB Doc. No. 02–121) re- Energy Agency’’ (RIN2137–AD40) received on tion, Department of Transportation, trans- ceived on January 13, 2004; to the Committee January 13, 2004; to the Committee on Com- mitting, pursuant to law, the report of a rule on Commerce, Science, and Transportation. merce, Science, and Transportation. entitled ‘‘Establishment of Class E Airspace; EC–5848. A communication from the Senior EC–5858. A communication from the Direc- Hilton Head Island, SC Doc. No. 03–ASO–18’’ Legal Adviser, Media Bureau, Federal Com- tor, Bureau of the Census, Department of (RIN2120–AA66) received on January 20, 2004; munications Commission, transmitting, pur- Commerce, transmitting, pursuant to law, to the Committee on Commerce, Science, suant to law, the report of a rule entitled the report of a rule entitled ‘‘Mandatory and Transportation. ‘‘Amendment of Section 73.202(b), Table of Electronic Filing of Exports (Re-Exports) of EC–5839. A communication from the Pro- Allotments, FM Broadcast Stations Rough Diamonds Through the Automated gram Analyst, Federal Aviation Administra- (Centerville, TX)’’ (MB Doc. No. 02–128) re- Export System’’ (RIN0607–AA39) received on

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S183 January 13, 2004; to the Committee on Com- mission, transmitting, pursuant to law, the transmitting, pursuant to law, the report of merce, Science, and Transportation. report of a rule entitled ‘‘Household Prod- a designation of acting officer and nomina- EC–5859. A communication from the Trial ucts Containing Hydrocarbons; Final Rules’’ tion confirmed for the position of Deputy Attorney, Office of the Secretary of Trans- (RIN3401–AB57) received on January 13, 2004; Secretary, Department of Transportation, portation, Department of Transportation, to the Committee on Commerce, Science, received on January 13, 2004; to the Com- transmitting, pursuant to law, the report of and Transportation. mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Computer Reservations Sys- EC–5869. A communication from the Acting tation. tem Regulations Comprehensive Review’’ Director, National Marine Fisheries Service, EC–5879. A communication from the Con- (RIN2105–AC65) received on January 13, 2004; Office of Sustainable Fisheries, transmit- gressional Review Coordinator, Animal and to the Committee on Commerce, Science, ting, pursuant to law, the report of a rule en- Plant Health Inspection Service, Department and Transportation. titled ‘‘Recision and Reallocation of Pacific of Agriculture, transmitting, pursuant to EC–5860. A communication from the Senior Cod in the Bering Sea and Aleutian Islands law, the report of a rule entitled ‘‘Karnal Attorney, Research and Special Programs Management Area’’ received on January 13, Bunt; Regulated Areas’’ (Doc#03–047–1) re- Administration, Department of Transpor- 2004; to the Committee on Commerce, ceived on January 13, 2004; to the Committee tation, transmitting, pursuant to law, the re- Science, and Transportation. on Agriculture, Nutrition, and Forestry. port of a rule entitled ‘‘Pipeline Safety: Haz- EC–5870. A communication from the Dep- EC–5880. A communication from the Con- ardous Liquid Pipeline Operator Annual Re- uty Assistant Administrator, National Ma- gressional Review Coordinator, Animal and ports’’ (RIN2137–AD59) received on January rine Fisheries Service, Office of Sustainable Plant Health Inspection Service, Department 13, 2004; to the Committee on Commerce, Fisheries, transmitting, pursuant to law, the of Agriculture, transmitting, pursuant to Science, and Transportation. report of a rule entitled ‘‘International Fish- law, the report of a rule entitled ‘‘Golden EC–5861. A communication from the Chair- eries; Pacific Tuna Fisheries; Final Rule; Nermatode; Regulated Areas’’ (Doc#03–082–1) man, National Transportation Safety Board, 2003 Management Measures for Tuna Purse received on January 13, 2004; to the Com- transmitting, pursuant to law, the Board’s Seine Fisheries in the Eastern Pacific mittee on Agriculture, Nutrition, and For- appeal letter to the Office of Management Ocean’’ (RIN0648–AQ93) received on January estry. and Banking regarding the initial deter- 13, 2004; to the Committee on Commerce, EC–5881. A communication from the Con- mination of our Fiscal Year 2005 Budget Re- Science, and Transportation. gressional Review Coordinator, Animal and quest; to the Committee on Commerce, EC–5871. A communication from the Acting Plant Health Inspection Service, Department Science, and Transportation. Director, National Marine Fisheries Service, of Agriculture, transmitting, pursuant to EC–5862. A communication from the Chair- Office of Sustainable Fisheries, transmit- law, the report of a rule entitled ‘‘Pine Shoot man, Consumer Product Safety Commission, ting, pursuant to law, the report of a rule en- Beetle; Additions to Quarantined Areas’’ transmitting, pursuant to law, the Commis- titled ‘‘Reallocation of Pacific Cod in the (Doc#03–102–1) received on January 13, 2004; sion’s new Strategic Plan; to the Committee Bering Sea and Aleutian Islands Manage- to the Committee on Agriculture, Nutrition, on Commerce, Science, and Transportation. ment Area’’ received on January 13, 2004; to and Forestry. EC–5863. A communication from the Chair- the Committee on Commerce, Science, and EC–5882. A communication from the Con- man, Office of Proceedings, Surface Trans- Transportation. gressional Review Coordinator, Animal and EC–5872. A communication from the Acting portation Board, transmitting, pursuant to Plant Health Inspection Service, Department Director, National Marine Fisheries Service, law, the report of a rule entitled ‘‘Public of Agriculture, transmitting, pursuant to Office of Sustainable Fisheries, transmit- Participation in Railroad Abandonment Pro- law, the report of a rule entitled ‘‘Importa- ting, pursuant to law, the report of a rule en- ceedings’’ (STB Ex Parte No. 537) received on tion of Artificially Dwarfed Plants in Grow- titled ‘‘Closure; Prohibition of Directed January 13, 2004; to the Committee on Com- ing Media from the People’s Republic of Fishing by Vessels Using Trawl Gear in the merce, Science, and Transportation. China’’ (Doc#03–103–5) received on January Gulf of Alaska’’ received on January 13, 2004; EC–5864. A communication from the Chief, 13, 2004; to the Committee on Agriculture, to the Committee on Commerce, Science, Wireline Telecommunications Bureau, Fed- Nutrition, and Forestry. and Transportation. eral Communications Commission, transmit- EC–5883. A communication from the Con- EC–5873. A communication from the Senior ting, pursuant to law, the report of a rule en- Legal Advisor, Media Bureau, Federal Com- gressional Review Coordinator, Animal and titled ‘‘Ensuring Compatibility of Enhanced munications Commission, transmitting, pur- Plant Health Inspection Service, Department 911 Emergency Calling Systems; Non- suant to law, the report of a rule entitled of Agriculture, transmitting, pursuant to Initialized Phones’’ (CC Doc. No. 94–102) re- ‘‘Commercial Availability of Navigation De- law, the report of a rule entitled ‘‘Importa- ceived on January 13, 2004; to the Committee vices and Compatibility Between Cable Sys- tion of Eucalyptus Logs, Lumber, and Wood on Commerce, Science, and Transportation. tems and Consumer Electronics Equipment’’ Chips from South America’’ (Doc#03–097–2) EC–5865. A communication from the Senior (FCC03–329) received on January 13, 2004; to received on January 13, 2004; to the Com- Legal Advisor, International Bureau, Federal the Committee on Commerce, Science, and mittee on Agriculture, Nutrition, and For- Communications Commission, transmitting, Transportation. estry. pursuant to law, the report of a rule entitled EC–5874. A communication from the Dep- EC–5884. A communication from the Con- ‘‘In the Matter of Allocation and Designa- uty Chief, Wireline Competition Bureau, gressional Review Coordinator, Animal and tion of Spectrum for Fixed-Satellite Services Federal Communications Commission, trans- Plant Health Inspection Service, Department in the 37.5–38.5 GHz, 40.5–41–5 GHz and 48.2– mitting, pursuant to law, the report of a rule of Agriculture, transmitting, pursuant to 50.2 GHz Frequency Bands; Allocation of entitled ‘‘In the Matter of Schools and Li- law, the report of a rule entitled ‘‘Oriental Spectrum to Upgrade Fixed and Mobile Allo- braries Universal Service Support Mecha- Fruit Fly; Designation of Quarantined Area’’ cations in the 40.5–42.5 GHz Frequency Band; nism’’ (FCC03–323) received on January 13, (Doc#03–096–2) received on January 13, 2004; Allocation of Spectrum in the 46.9–47.0 GHz 2004; to the Committee on Commerce, to the Committee on Agriculture, Nutrition, Frequency Band for Wireless Services; and Science, and Transportation. and Forestry. Allocation of Spectrum in the 37.0–38.0 GHz EC–5875. A communication from the Dep- EC–5885. A communication from the Ad- and 40.0–40.5 GHz for Government’’ (FCC03– uty Director, Bureau of Transportation Sta- ministrator, Agricultural Marketing Serv- 296) received on January 13, 2004; to the Com- tistics, Department of Transportation, trans- ice, Department of Agriculture, transmit- mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the Bureau’s ting, pursuant to law, the report of a rule en- tation. Transportation Statistics Report; to the titled ‘‘Tomatoes Grown in Florida; In- EC–5866. A communication from the Dep- Committee on Commerce, Science, and creased Assessment Rate’’ (FV03–966–4) re- uty Division Chief, Competition Policy Divi- Transportation. ceived on January 13, 2004; to the Committee sion, Federal Communication Commission, EC–5876. A communication from the Attor- on Agriculture, Nutrition, and Forestry. transmitting, pursuant to law, the report of ney Advisor, Department of Transportation, EC–5886. A communication from the Ad- a rule entitled ‘‘Revisions of the Commis- transmitting, pursuant to law, the report of ministrator, Agricultural Marketing Serv- sion’s Rules to Ensure Compatibility With a nomination confirmed for the position of ice, Department of Agriculture, transmit- Enhanced 911 Calling Systems’’ (FCC03–290) General Counsel, Department of Transpor- ting, pursuant to law, the report of a rule en- received on January 13, 2004; to the Com- tation, received on January 13, 2004; to the titled ‘‘Amendment to the Soybean Pro- mittee on Commerce, Science, and Transpor- Committee on Commerce, Science, and motion and Research Rules and Regula- tation. Transportation. tions’’ (Doc#LS–02–14) received on January EC–5867. A communication from the Dep- EC–5877. A communication from the Attor- 13, 2004; to the Committee on Agriculture, uty Division Chief, Wireline Telecommuni- ney Advisor, Department of Transportation, Nutrition, and Forestry. cations Branch, Federal Communications transmitting, pursuant to law, the report of EC–5887. A communication from the Ad- Commission, transmitting, pursuant to law, a nomination confirmed for the position of ministrator, Agricultural Marketing Serv- the report of a rule entitled ‘‘Service Rules Assistant Secretary for Aviation and Inter- ice, Department of Agriculture, transmit- for Advanced Wireless Service in the 1.7 GHz national Affairs, Department of Transpor- ting, pursuant to law, the report of a rule en- and 2.1 GHz Bands’’ (FCC03–251) received on tation, received on January 13, 2004; to the titled ‘‘Revision of Fees for the Fresh Fruit January 13, 2004; to the Committee on Com- Committee on Commerce, Science, and and Vegetable Terminal Market Inspection merce, Science, and Transportation. Transportation. Service’’ (RIN0581–AB63) received on January EC–5868. A communication from the Gen- EC–5878. A communication from the Attor- 13, 2004; to the Committee on Agriculture, eral Counsel, Consumer Product Safety Com- ney Advisor, Department of Transportation, Nutrition, and Forestry.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S184 CONGRESSIONAL RECORD — SENATE January 22, 2004 EC–5888. A communication from the Ad- Reserve System, Division of Consumer and Report and Water Conservation Plan for the ministrator, Agricultural Marketing Serv- Community Affairs, transmitting, pursuant Lewis and Clark Rural Water System; to the ice, Department of Agriculture, transmit- to law, the report of a rule entitled ‘‘Home Committee on Energy and Natural Re- ting, pursuant to law, the report of a rule en- Mortgage Disclosure Act’’ (Doc. No. 1178) re- sources. titled ‘‘Removal of Cottonseed Chemist Li- ceived on January 13, 2004; to the Committee EC–5910. A communication from the Sec- censing Program, Updating of Commodity on Banking, Housing, and Urban Affairs. retary of Energy, transmitting, pursuant to Laboratory and Office Addresses, and Adop- EC–5899. A communication from the Acting law, two reports relative to clean coal tech- tion of Information Symbols’’ (7 CFR Parts General Counsel, Federal Emergency Man- nology programs; to the Committee on En- 91 and 96) received on January 13, 2004; to the agement Agency, transmitting, pursuant to ergy and Natural Resources. Committee on Agriculture, Nutrition, and law, the report of a rule entitled ‘‘Suspen- f Forestry. sion of Community Eligibility; 68 FR 67051’’ EC–5889. A communication from the Acting (FEMA Doc. 7821) received on January 13, DISCHARGED NOMINATION Staff Director, Office of Regulatory and 2004; to the Committee on Banking, Housing, The Senate Committee on Govern- Management Services, Forest Service, trans- and Urban Affairs. mitting, pursuant to law, the report of a rule EC–5900. A communication from the Acting mental Affairs was discharged from entitled ‘‘Sale of Disposal of National Forest General Counsel, Federal Emergency Man- further consideration of the following System Timber; Extension of Timber Sale agement Agency, transmitting, pursuant to nomination and the nomination was re- Contracts to Facilitate Urgent Timber Re- law, the report of a rule entitled ‘‘Changes in turned to the President: moval From Other Lands’’ (RIN0596–AB48) Flood Elevation Determinations; 68 FR James C. Miller III, of Virginia, to be a received on January 13, 2004; to the Com- 67052’’ (FEMA Doc. D–7547) received on Janu- Governor of the United States Postal Service mittee on Agriculture, Nutrition, and For- ary 13, 2004; to the Committee on Banking, for a term expiring December 8, 2010. estry. Housing, and Urban Affairs. EC–5890. A communication from the Dep- EC–5901. A communication from the Acting f uty Associate Administrator, Environmental General Counsel, Federal Emergency Man- INTRODUCTION OF BILLS AND Protection Agency, transmitting, pursuant agement Agency, Department of Homeland JOINT RESOLUTIONS to law, the report of a rule entitled ‘‘Exten- Security, transmitting, pursuant to law, the sions of Tolerances for Emergency Exemp- report of a rule entitled ‘‘Final Flood Ele- The following bills and joint resolu- tions Multiple’’ (FRL#7339–8) received on vation Determinations; 68 FR 67056’’ (44 CFR tions were introduced, read the first January 13, 2004; to the Committee on Agri- Part 67) received on January 13, 2004; to the and second times by unanimous con- culture, Nutrition, and Forestry. Committee on Banking, Housing, and Urban sent, and referred as indicated: EC–5891. A communication from the Regu- Affairs. By Mrs. FEINSTEIN (for herself and latory Contact, Grain Inspection, Packers EC–5902. A communication from the Chair- Mr. FITZGERALD): and Stockyards Administration, transmit- man, Securities and Exchange Commission, S. 2016. A bill to provide for infant crib ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, a report rel- safety, and for other purposes; to the Com- titled ‘‘Fees for Processed Commodity Ana- ative to the benefits of fee reductions ef- mittee on Commerce, Science, and Transpor- lytical Services’’ (RIN0580–AA84) received on fected as a result of the Investor and Capital tation. January 13, 2004; to the Committee on Agri- Fee Relief Act of 2002; to the Committee on By Mr. SANTORUM: culture, Nutrition, and Forestry. Banking, Housing, and Urban Affairs. EC–5892. A communication from the Ad- EC–5903. A communication from the Presi- S. 2017. A bill to designate the United ministrator, Rural Business Cooperative dent of the United States, transmitting, pur- States courthouse and post office building Services, Department of Agriculture, trans- suant to law, a report relative to an Execu- located at 93 Atocha Street in Ponce, Puerto mitting, pursuant to law, the report of a rule tive Order issued on January 15, 2004 that Rico, and the ‘‘Luis A. Ferre United States entitled ‘‘Debt Collection Improvement terminates the national emergency with re- Courthouse and Post Office Building’’; to the Act—Treasury Offset and Cross Servicing’’ spect to Sierra Leone that was declared in Committee on Governmental Affairs. (RIN0570–AA52) received on January 20, 2004; Executive Order 13213 of May 22, 2001; to the By Mr. BUNNING: to the Committee on Agriculture, Nutrition, Committee on Banking, Housing, and Urban S. 2018. A bill to amend the National Trails and Forestry. System Act to extend the Lewis and Clark EC–5893. A communication from the Direc- Affairs. EC–5904. A communication from the Coun- National Historic Trail to include additional tor, Defense Procurement and Acquisition sites associated with the preparation or re- Policy, Department of Defense, transmit- sel for Legislation and Regulations, Office of the Secretary, Department of Housing and turn phase of the expedition, and for other ting, pursuant to law, the report of a rule en- purposes; to the Committee on Energy and titled ‘‘Unique Identification and Valuation’’ Urban Development, transmitting, pursuant to law, the report of a rule entitled ‘‘Govern- Natural Resources. (DFARS Case 2003–D081) received on January By Mr. BREAUX (for himself and Mr. 13, 2004; to the Committee on Armed Serv- ment-wide Debarment and Suspension (Non- procurement) and Governmentwide Require- LOTT): ices. S. 2019. A bill to amend the Internal Rev- EC–5894. A communication from the Assist- ments for a Drug-Free Workplace (Grants)’’ enue Code of 1986 to restore equity and com- ant Secretary, Legislative Affairs, Depart- (RIN2501–AC81) received on January 13, 2004; plete the transfer of motor fuel excise taxes ment of State, transmitting, pursuant to to the Committee on Banking, Housing, and attributable to motorboat and small engine law, a report relative to expenditure of funds Urban Affairs. fuels into the Aquatic Resources Trust Fund, for planning, design, and construction of a EC–5905. A communication from the Ad- and for other purposes; to the Committee on chemical weapons destruction facility in the ministrator, Energy Information Adminis- Finance. Russian Federation; to the Committee on tration, Department of Energy, transmit- By Mrs. BOXER (for herself, Mr. Armed Services. ting, pursuant to law, the Administration’s EC–5895. A communication from the Dep- ‘‘Short-Term Energy Outlook’’ for October CORZINE, Mrs. MURRAY, Mr. LAUTEN- uty Secretary of Defense, Department of De- 2003; to the Committee on Energy and Nat- BERG, Mrs. CLINTON, Ms. CANTWELL, fense, transmitting, the Department’s Fiscal ural Resources. Mr. JEFFORDS, Mr. LIEBERMAN, Mrs. Year 2003 Performance and Accountability EC–5906. A communication from the Assist- FEINSTEIN, Mr. SARBANES, and Ms. Report; to the Committee on Armed Serv- ant Secretary for Fish and Wildlife and MIKULSKI): ices. Parks, Department of the Interior, transmit- S. 2020. A bill to prohibit, consistent with EC–5896. A communication from the Acting ting, a draft bill to adjust the boundary of Roe v. Wade, the interference by the govern- General Counsel, Federal Emergency Man- John Muir National Historic Site, and for ment with a woman’s right to choose to bear agement Agency, Department of Homeland other purposes; to the Committee on Energy a child or terminate a pregnancy, and for Security, transmitting, pursuant to law, the and Natural Resources. other purposes; to the Committee on the Ju- report of a rule entitled ‘‘Final Flood Ele- EC–5907. A communication from the Direc- diciary. vation Determinations; 68 FR 57825’’ (44 CFR tor, Office of Surface Mining, Department of By Mrs. CLINTON (for herself, Ms. MI- Part 67) received on January 13, 2004; to the the Interior, transmitting, pursuant to law, KULSKI, Mrs. BOXER, Ms. STABENOW, Committee on Banking, Housing, and Urban the report of a rule entitled ‘‘North Dakota Mr. SCHUMER, Mr. SARBANES, Mr. Affairs. Regulatory Program’’ (ND–047–FOR) received LAUTENBERG, and Mr. DURBIN): EC–5897. A communication from the Sec- on January 13, 2004; to the Committee on En- S. 2021. A bill to provide for a domestic de- retary of the Treasury, transmitting, pursu- ergy and Natural Resources. fense fund to improve the Nation’s homeland ant to law, a six-month periodic report on EC–5908. A communication from the Ad- defense, and for other purposes; to the Com- the national emergency with respect to ter- ministrator, Energy Information Adminis- mittee on Governmental Affairs. rorists who threaten to disrupt the Middle tration, transmitting, pursuant to law, the By Mr. DURBIN (for himself and Mr. East peace process that was declared in Ex- Energy Information Administration’s An- FITZGERALD) (by request): ecutive Order 12947 of January 23, 1995; to the nual Energy Review 2002; to the Committee S. 2022. A bill to designate the Federal Committee on Banking, Housing, and Urban on Energy and Natural Resources. building located at 250 West Cherry Street in Affairs. EC–5909. A communication from the Sec- Carbondale, Illinois the ‘‘Senator Paul EC–5898. A communication from the Assist- retary of the Interior, transmitting, pursu- Simon Federal Building’’; to the Committee ant to the Board of Governors of the Federal ant to law, a copy of the Final Engineering on Environment and Public Works.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S185 By Mrs. BOXER (for herself and Mr. vironmental Health Sciences to de- Food, Drug, and Cosmetic Act for the LAUTENBERG): velop multidisciplinary research cen- drug commonly known as RU–486 is S. 2023. A bill to limit Department of De- ters regarding women’s health and dis- deemed to have been withdrawn, to fense contracting with firms under investiga- ease prevention and conduct and co- provide for the review by the Comp- tion by the Inspector General of the Depart- ment of Defense; to the Committee on Armed ordinate a research program on hor- troller General of the United States of Services. mone disruption, and for other pur- the process by which the Food and f poses. Drug Administration approved such S. 1595 drug, and for other purposes. ADDITIONAL COSPONSORS At the request of Mrs. MURRAY, her S. 1948 S. 517 name was added as a cosponsor of S. At the request of Mr. REID, the name At the request of Mr. SCHUMER, his 1595, a bill to amend the Internal Rev- of the Senator from Vermont (Mr. name was added as a cosponsor of S. enue Code of 1986 to allow small busi- LEAHY) was added as a cosponsor of S. 517, a bill to amend title 38, United ness employers a credit against income 1948, a bill to provide that service of States Code, to provide improved bene- tax with respect to employees who par- the members of the organization fits for veterans who are former pris- ticipate in the military reserve compo- known as the United States Cadet oners of war. nents and are called to active duty and Nurse Corps during World War II con- S. 846 with respect to replacement employees stituted active military service for At the request of Mrs. LINCOLN, the and to allow a comparable credit for purposes of laws administered by the name of the Senator from Arkansas activated military reservists who are Secretary of Veterans Affairs. (Mr. PRYOR) was added as a cosponsor self-employed individuals, and for S. 1968 of S. 846, a bill to amend the Internal other purposes. At the request of Mr. ENZI, the name Revenue Code of 1986 to allow a deduc- S. 1647 of the Senator from Virginia (Mr. tion for premiums on mortgage insur- At the request of Mr. CAMPBELL, the ALLEN) was added as a cosponsor of S. ance, and for other purposes. name of the Senator from Kentucky 1968, a bill to amend the Higher Edu- S. 1019 (Mr. BUNNING) was added as a cosponsor cation Act of 1965 to enhance literacy At the request of Mr. DEWINE, the of S. 1647, a bill to amend title XVIII of in finance and economics, and for other name of the Senator from Georgia (Mr. the Social Security Act to provide for purposes. MILLER) was added as a cosponsor of S. direct access to audiologists for medi- S. 2006 1019, a bill to amend titles 10 and 18, care beneficiaries, and for other pur- At the request of Mr. KENNEDY, the United States Code, to protect unborn poses. name of the Senator from Massachu- victims of violence. S. 1733 setts (Mr. KERRY) was added as a co- S. 1092 At the request of Mr. KOHL, the name sponsor of S. 2006, a bill to extend and At the request of Mr. CAMPBELL, the of the Senator from Oregon (Mr. SMITH) expand the Temporary Extended Unem- name of the Senator from Georgia (Mr. was added as a cosponsor of S. 1733, a ployment Compensation Act of 2003, MILLER) was added as a cosponsor of S. bill to authorize the Attorney General and for other purposes. 1092, a bill to authorize the establish- to award grants to States to develop S. 2007 ment of a national database for pur- and implement State court interpreter At the request of Mr. DURBIN, the poses of identifying, locating, and cata- programs. name of the Senator from Washington loging the many memorials and perma- S. 1792 (Mrs. MURRAY) was added as a cospon- nent tributes to America’s veterans. At the request of Mr. DOMENICI, the sor of S. 2007, a bill to provide better S. 1304 name of the Senator from Colorado protection against bovine spongiform At the request of Ms. SNOWE, the (Mr. CAMPBELL) was added as a cospon- encephalopathy and other prion dis- name of the Senator from Louisiana sor of S. 1792, a bill to amend the Inter- eases. (Ms. LANDRIEU) was added as a cospon- nal Revenue Code of 1986 to provide the S. CON. RES. 80 sor of S. 1304, a bill to improve the same capital gains treatment for art At the request of Mr. COLEMAN, the health of women through the establish- and collectibles as for other invest- name of the Senator from New Hamp- ment of Offices of Women’s Health ment property and to provide that a shire (Mr. GREGG) was added as a co- within the Department of Health and deduction equal to fair market value sponsor of S. Con. Res. 80, a concurrent Human Services. shall be allowed for charitable con- resolution urging Japan to honor its S. 1508 tributions of literary, musical, artistic, commitments under the 1986 Market- At the request of Mr. HAGEL, the or scholarly compositions created by Oriented Sector-Selective (MOSS) name of the Senator from Mississippi the donor. Agreement on Medical Equipment and (Mr. LOTT) was added as a cosponsor of S. 1793 Pharmaceuticals, and for other pur- S. 1508, a bill to address regulation of At the request of Mr. KENNEDY, the poses. secondary mortage market enterprises, name of the Senator from California S. CON. RES. 81 and for other purposes. (Mrs. BOXER) was added as a cosponsor At the request of Mrs. FEINSTEIN, the S. 1545 of S. 1793, a bill to provide for college names of the Senator from Nevada (Mr. At the request of Mr. HATCH, the quality, affordability, and diversity, REID) and the Senator from Virginia name of the Senator from Maryland and for other purposes. (Mr. ALLEN) were added as cosponsors (Ms. MIKULSKI) was added as a cospon- S. 1807 of S. Con. Res. 81, a concurrent resolu- sor of S. 1545, a bill to amend the Ille- At the request of Mr. MCCAIN, the tion expressing the deep concern of gal Immigration Reform and Immi- names of the Senator from Michigan Congress regarding the failure of the grant Responsibility Act of 1996 to per- (Mr. LEVIN) and the Senator from New Islamic Republic of Iran to adhere to mit States to determine State resi- Jersey (Mr. CORZINE) were added as co- its obligations under a safeguards dency for higher education purposes sponsors of S. 1807, a bill to require agreement with the International and to authorize the cancellation of re- criminal background checks on all fire- Atomic Energy Agency and the engage- moval and adjustment of status of cer- arms transactions occurring at events ment by Iran in activities that appear tain alien students who are long-term that provide a venue for the sale, offer to be designed to develop nuclear weap- United States residents. for sale, transfer, or exchange of fire- ons. S. 1588 arms, and for other purposes. S. RES. 164 At the request of Ms. LANDRIEU, the S. 1930 At the request of Mr. ENSIGN, the names of the Senator from New Jersey At the request of Mr. BROWNBACK, the name of the Senator from Maine (Ms. (Mr. CORZINE) and the Senator from name of the Senator from Kentucky SNOWE) was added as a cosponsor of S. New Jersey (Mr. LAUTENBERG) were (Mr. BUNNING) was added as a cosponsor Res. 164, a resolution reaffirming sup- added as cosponsors of S. 1588, a bill to of S. 1930, a bill to provide that the ap- port of the Convention on the Preven- authorize the National Institute of En- proved application under the Federal tion and Punishment of the Crime of

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S186 CONGRESSIONAL RECORD — SENATE January 22, 2004 Genocide and anticipating the com- essary measure should be taken to en- President of the Senate of Puerto Rico memoration of the 15th anniversary of sure that the crib is the safest possible from 1977–1980. Perhaps most remark- the enactment of the Genocide Conven- environment. able, however, was his commitment to tion Implementation Act of 1987 (the The Infant Crib Safety Act keeps un- humanitarian and philanthropic activi- Proxmire Act) on November 4, 2003. safe secondhand or hand-me-down cribs ties, which included the founding of the f out of the stream of commerce by pro- Ponce Public Library and the Ponce hibiting their sale, resale, lease, and Museum of Art. STATEMENTS ON INTRODUCED use in lodging facilities or day care In addition to serving the people of BILLS AND JOINT RESOLUTIONS centers. Puerto Rico, this building will stand as By Mrs. FEINSTEIN (for herself This bill does not apply to individ- a reminder of the dedicated service and Mr. FITZGERALD): uals who provide cribs to their friends, Luis A. Ferre´ provided to all Puerto S. 2016. A bill to provide for infant or to any type of individual sale of a Ricans. crib safety, and for other purposes; to crib such as at a garage sale. The bill I am hopeful that my colleagues will the Committee on Commerce, Science, focuses on commercial users. And cur- join me in supporting this bill and that and Transportation. rently, controls over cribs provided by it will be enacted in the near future. Mrs. FEINSTEIN. Mr. President. I transient public lodging establish- rise along with Senator FITZGERALD to ments or sold at thrift stores are non- By Mr. BUNNING: reintroduce the Infant Crib Safety Act. existent. S. 2018. A bill to amend the National This legislation is designed to reduce Studies have shown that hotels and Trails System Act to extend the Lewis injuries and deaths that come from in- motels continue to use unsafe cribs and and Clark National Historic Trail to fant crib accidents. thrift stores continue to sell them. In include additional sites associated with Earch year, about 11,500 children ages the year 2000, the National Safe Kids the preparation or return phase of the 2 and under are injured in cribs seri- Campaign did an investigation of cribs expedition, and for other purposes; to ously enough to require hospital treat- used by hotels and motels. Spot checks the Committee on Energy and Natural ment. Approximately, 26 children die a by the Campaign identified unsafe Resources. Mr. BUNNING. Mr. President, I ask year from such injuries, the highest cribs in 80 percent of the cribs visited. number of deaths caused by nursery-re- A year earlier, the Consumer Product unanimous consent that the text of the lated products. Safety Commission found that 12 per- bill be printed in the RECORD. There being no objection, the bill was In fact, according to the Consumer cent of the cribs sold in a survey of ordered to be printed in the RECORD, as Product Safety Commission, cribs thrift stores did not meet existing vol- follows: cause more deaths than all other nurs- untary industry or Federal safety ery items combined. standards for new cribs. S. 2018 While strict guidelines exist on the Comparable legislation has already Be it enacted by the Senate and House of Rep- manufacture of and sale of new cribs, resentatives of the United States of America in been adopted by a number of States. Congress assembled, there are millions of cribs sold Eleven States including Arizona, Ar- throughout the U.S. in ‘‘secondary SECTION 1. SHORT TITLE. kansas, California, Colorado, Illinois, This Act may be cited as the ‘‘Lewis and markets’’ such as thrift stores and re- Louisiana, Michigan, Oregon, Pennsyl- Clark National Historic Trail Extension Act sale furniture stores. vania, Vermont, and Washington have of 2004’’. As many as half of the 4 million in- already passed legislation prohibiting SEC. 2. EXTENSION OF LEWIS AND CLARK NA- fants born in this country each year the sale of cribs that do not meet cur- TIONAL HISTORIC TRAIL. are placed in second hand cribs. Many rent safety standards. Section 5(a)(6) of the National Trails Sys- of these used cribs are unsafe and There is no good reason why cribs in tem Act (16 U.S.C. 1244(a)(6)) is amended— should be taken off the market and ei- all 50 States should not meet these rea- (1) in the first sentence, by striking ‘‘The’’ ther repaired or destroyed. and inserting ‘‘(A) The’’; and sonable safety standards. (2) by adding the following new subpara- These used cribs can have dangerous The legislation is supported by the graph: features such as protruding corner post Consumer Federation of America and ‘‘(B) In addition to the route designated in extensions, missing or broken parts, the Danny Foundation. subparagraph (A), the trail shall be extended excessive slat width, poor fitting crib I look forward to working with my to include the route followed by Meriwether sheets, inadequate mattress supports, Senate colleagues to turn this com- Lewis and William Clark, whether independ- latches that do not prevent uninten- mon-sense legislation into law. ently or together, in the preparation phase tional collapse of the crib. Cribs built of the expedition starting at Monticello, lo- before 1978 have a higher lead content By Mr. SANTORUM: cated near Charlottesville, Virginia, and S. 2017. A bill to designate the United traveling to Wood River, Illinois, and in the than current regulations allow. return phase of the expedition from Saint Let me give you some of the real life States courthouse and post office Louis, Missouri, to Washington, DC. The ex- examples of the tragedies caused by un- building located at 93 Atocha Street in tended route shall include designated Lewis safe cribs. Ponce, Puerto Rico, and the ‘‘Luis A. and Clark sites in Virginia, the District of At the age of 23 months, Danny Ferre´ United States Courthouse and Columbia, Maryland, Delaware, Pennsyl- Lineweaver was injured during an at- Post Office Building’’; to the Com- vania, West Virginia, Ohio, Kentucky, Ten- tempt to climb out of his crib. Danny mittee on Governmental Affairs. nessee, Indiana, and Illinois. The Secretary caught his shirt on a decorative knob Mr. SANTORUM. Mr. President, I shall complete a suitability and feasibility rise today to introduce a bill to des- study to include the extended route within on the cornerpost of his crib and three years from the date funds are first hanged himself. Though his mother ignate the United States courthouse made available for that purpose.’’. was able to perform CPR the moment and post office building at 93 Atocha she found him, Danny lived in a semi- Street in Ponce, Puerto Rico as the By Mrs. BOXER (for herself, Mr. comatose state for 9 years and died in ‘‘Luis A. Ferre´ Courthouse and Post Of- CORZINE, Mrs. MURRAY, Mr. 1993. fice Building.’’ This legislation is LAUTENBERG, Mrs. CLINTON, Ms. In another case, Luke Torgerson, a meant to honor the distinguished life CANTWELL, Mr. JEFFORDS, Mr. 13-month-old infant, died due to an un- and career of Mr. Luis A. Ferre´, a dedi- LIEBERMAN, Mrs. FEINSTEIN, Mr. safe crib at this daycare facility in cated statesman and humanitarian of SARBANES, and Ms. MIKULSKI): Minnesota. Puerto Rico. S. 2020. A bill to prohibit, consistent Parents should have confidence that Luis A. Ferre´ was born in 1904 in with Roe v. Wade, the interference by a crib is a safe place to leave an infant. Ponce, Puerto Rico. During his re- the government with a woman’s right The design and construction of a baby markable career, Mr. Ferre´ was a mem- to choose to bear a child or terminate crib must ensure that it is safe to leave ber of the Constitutional Convention of a pregnancy, and for other purposes; to an infant while sleeping. Puerto Rico in 1951, a member of the the Committee on the Judiciary. Since cribs are the only juvenile House of Representatives of Puerto Mrs. BOXER. Mr. President, today, I product manufactured expressly for Rico from 1953–1956, Governor of Puerto am proud to introduce the Freedom of leaving a child unattended, every nec- Rico from 1969–1972, as well as the Choice Act.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S187 Thirty-one years ago, the Supreme S. 2021. A bill to provide for a domes- Eskimos, and any Alaskan Native Village, of Court handed down its decision in Roe tic defense fund to improve the Na- the United States, which is considered an eli- v. Wade. It was a monumental day for tion’s homeland defense, and for other gible recipient under the Indian Self-Deter- women because for the first time, a purposes; to the Committee on Govern- mination and Education Assistance Act woman’s right to choose whether or mental Affairs. (Public Law 93–638) or was considered an eli- gible recipient under chapter 67 of title 31, not to continue a pregnancy was pro- S. 2021 United States Code, prior to the repeal of tected under the constitutional right Be it enacted by the Senate and House of Rep- such chapter. resentatives of the United States of America in to privacy. Roe v. Wade has kept (4) METROPOLITAN AREA.—The term ‘‘met- Congress assembled, women from being forced to continue ropolitan area’’ means a standard metropoli- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. pregnancies that could endanger their tan statistical area as established by the Of- health or render them infertile. And for (a) SHORT TITLE.—This Act may be cited as the ‘‘Domestic Defense Fund Act of 2004’’. fice of Management and Budget. the past 31 years, countless lives have (b) TABLE OF CONTENTS.— (5) METROPOLITAN CITY.— been saved by getting women out of Sec. 1. Short title; table of contents. (A) IN GENERAL.—The term ‘‘metropolitan back alleys and into safe, clean and le- Sec. 2. Findings. city’’ means— gally protected facilities. That is why I Sec. 3. Definitions. (i) a city within a metropolitan area that have been fighting throughout my Sec. 4. Grants to States, units of general is the central city of such area, as defined adult life to protect the right to local government, and Indian and used by the Office of Management and tribes; authorizations. Budget; or choose. Sec. 5. Statement of activities and review. However, women’s reproductive (ii) any other city, within a metropolitan Sec. 6. Activities eligible for assistance. area, which has a population of not less than rights are rapidly eroding. And anti- Sec. 7. Allocation and distribution of funds. choice advocates make no secret that Sec. 8. State and regional planning and com- 50,000. (B) PERIOD OF CLASSIFICATION.—Any city their ultimate goal is to overturn Roe munication systems. that was classified as a metropolitan city for v. Wade. With just a one-vote margin Sec. 9. High-threat, high-density urban areas. at least 2 years pursuant to subparagraph (A) protecting Roe in the Supreme Court, Sec. 10. Flexible emergency assistance fund. shall remain classified as a metropolitan we cannot afford to take these funda- Sec. 11. Federal preparedness, equipment, city. Any unit of general local government mental rights for granted. The threats and training standards. that becomes eligible to be classified as a we face to our right to choose are real Sec. 12. Nondiscrimination in programs and metropolitan city, and was not classified as and dangerous. activities. a metropolitan city in the immediately pre- Sec. 13. Remedies for noncompliance with That is why I am introducing new ceding fiscal year, may, upon submission of requirements. Federal legislation that will protect a Sec. 14. Reporting requirements. written notification to the Secretary, defer woman’s right to choose. The Freedom Sec. 15. Consultation by Attorney General. its classification as a metropolitan city for of Choice Act of 2004 would establish a Sec. 16. Interstate agreements or compacts; all purposes under this Act, if it elects to statutory right to choose within the purposes. have its population included in an urban same parameters articulated by the Sec. 17. Matching requirements; suspension county under subsection (d). Supreme Court in Roe v. Wade. Under of requirements for economi- (C) ELECTION BY A CITY.—Notwithstanding cally distressed areas. the bill, women would have the abso- subparagraph (B), a city may elect not to re- SEC. 2. FINDINGS. tain its classification as a metropolitan city. lute right to choose whether to con- Congress makes the following findings: Any unit of general local government that tinue or terminate their pregnancies (1) Since the September 11, 2001, terrorist was classified as a metropolitan city in any before fetal viability. The bill also su- attacks on our country, communities all year, may, upon submission of written noti- persedes any law, regulation or local across America have been on the front lines fication to the Secretary, relinquish such ordinance that impinges on a woman’s in the war against terrorism on United classification for all purposes under this Act right to choose and prohibits federal States soil. if it elects to have its population included and state governments from discrimi- (2) Since September 11, 2001, communities with the population of a county for purposes nating against women, who exercise have been forced to bear a significant por- of qualifying for assistance (for such fol- tion of the burden that goes along with the lowing fiscal year) under section 5(e) as an their right to choose. war against terrorism, a burden that local urban county. That means a poor woman cannot be governments should not have to bear alone. (6) NONQUALIFYING COMMUNITY.—The term denied the use of Medicaid if she choos- (3) Our homeland defense will only be as es to have an abortion. That means strong as the weakest link at the State and ‘‘nonqualifying community’’ means an area that abortions cannot be prohibited at local level. By providing our communities that is not a metropolitan city or part of an public hospitals, thus giving women with the resources and tools they need to urban county and does not include Indian more options. That means that we re- bolster emergency response efforts and pro- tribes. spect a woman’s ability to make her vide for other emergency response initia- (7) POPULATION.—The term ‘‘population’’ means total resident population based on own decision and don’t force women to tives, we will have a better-prepared home front and a stronger America. data compiled by the United States Bureau attend anti-choice propaganda lec- of the Census and referable to the same point tures, which submit women to mis- SEC. 3. DEFINITIONS. (a) DEFINITIONS.—As used in this Act, the or period of time. leading information, the purpose of following definitions shall apply: (8) SECRETARY.—The term ‘‘Secretary’’ which is to discourage abortion. That (1) CITY.—The term ‘‘city’’ means— means the Secretary of the Department of means that women serving our country (A) any unit of general local government Homeland Security. in the military overseas would be able that is classified as a municipality by the (9) STATE.—The term ‘‘State’’ means any to afford safe abortions that can be United States Bureau of the Census; or State of the United States, or any instru- performed in a military hospital. (B) any other unit of general local govern- mentality thereof approved by the Governor; We need to take steps to secure our ment that is a town or township and which, and the Commonwealth of Puerto Rico, the right to choose. Anti-choice is anti- in the determination of the Secretary— United States Virgin Islands, American woman and anti-equality, and it dem- (i) possesses powers and performs functions Samoa, Guam, and the Northern Mariana Is- comparable to those associated with munici- lands. onstrates a lack of respect for the in- palities; telligence and compassion that women (10) UNIT OF GENERAL LOCAL GOVERNMENT.— (ii) is closely settled; and The term ‘‘unit of general local government’’ possess. (iii) does not contain within its boundaries means any city, county, town, township, par- I thank the 10 cosponsors of this leg- any incorporated place, as defined by the ish, village, or other general purpose polit- islation—Senators LAUTENBERG, COR- United States Bureau of the Census, that has ical subdivision of a State; a combination of ZINE, MURRAY, CLINTON, JEFFORDS, LIE- not entered into cooperation agreements such political subdivisions is recognized by BERMAN, CANTWELL, FEINSTEIN, SAR- with such town or township to undertake or the Secretary; and the District of Columbia. to assist in the performance of homeland se- BANES AND MIKULSKI—and I encourage (11) URBAN COUNTY.—The term ‘‘urban curity objectives. all my colleagues to join this effort to county’’ means any county within a metro- (2) FEDERAL GRANT-IN-AID PROGRAM.—The politan area. write Roe v. Wade into Federal law. term ‘‘Federal grant-in-aid program’’ means (b) BASIS AND MODIFICATION OF DEFINI- By Mrs. CLINTON (for herself, a program of Federal financial assistance other than loans and other than the assist- TIONS.— Ms. MIKULSKI, Mrs. BOXER, Ms. ance provided by this Act. (1) BASIS.—Where appropriate, the defini- STABENOW, Mr. SCHUMER, Mr. (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ tions listed in subsection (a) shall be based, SARBANES, Mr. LAUTENBERG, means any Indian tribe, band, group, and na- with respect to any fiscal year, on the most and Mr. DURBIN): tion, including Alaska Indians, Aleuts, and recent data compiled by the United States

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Bureau of the Census and the latest pub- (4) HOMELAND SECURITY FLEXIBLE EMER- (1) IN GENERAL.—Each grantee shall submit lished reports of the Office of Management GENCY ASSISTANCE.—There are authorized to to the Secretary, at a time determined by and Budget available 90 days before the be- be appropriated to carry out section 10— the Secretary, a performance and evaluation ginning of such fiscal year. (A) $500,000,000 for each of the fiscal years report concerning the use of funds made (2) MODIFICATION.—The Secretary may by 2005 through 2008; and available under section 7, together with an regulation change or otherwise modify the (B) such sums as may be necessary for fis- assessment by the grantee of the relation- meaning of the terms defined in subsection cal year 2009 and each fiscal year thereafter. ship of such use to the objectives identified (a) in order to reflect any technical change (c) SUPPLEMENT NOT SUPPLANT.—Funds ap- in the grantee’s statement under subsection or modification thereof made subsequent to propriated pursuant to the authority of this (a)(2). such date by the United States Bureau of the section shall be used to supplement and not (2) UNIFORM REPORTING REQUIREMENTS.— Census or the Office of Management and supplant full Federal funding for other first (A) RECOMMENDATIONS BY NATIONAL ASSO- Budget. responder programs, including— CIATIONS.—The Secretary shall encourage (c) DESIGNATION OF PUBLIC AGENCIES.—The (1) the Community Oriented Policing Serv- and assist national associations of grantees chief executive officer of a State or a unit of ices Program, as authorized under part Q of eligible under section 7, national associa- general local government may designate 1 or title I of the Omnibus Crime Control and tions of States, and national associations of more public agencies, including existing Safe Streets Act of 1968 (42 U.S.C. 3796dd et units of general local government in non- local public agencies, to undertake activities seq.); qualifying areas to develop and recommend assisted under this Act. (2) the Local Law Enforcement Block to the Secretary, not later than 1 year after (d) INCLUSION OF LOCAL GOVERNMENTS IN Grant Program, as authorized under the Vio- the date of enactment of this Act, uniform URBAN COUNTY POPULATION.—With respect to lent Crime Control and Law Enforcement recordkeeping, performance reporting, eval- program years beginning with the program Act of 1994 (Public Law 103–322) and described uation reporting, and auditing requirements year for which grants are made available in H.R. 728, as passed by the House of Rep- from amounts appropriated for fiscal year for such grantees, States, and units of gen- resentatives on February 14, 1995; eral local government, respectively. 2004 under section 4, the population of any (3) the Edward Byrne Memorial State and (B) ESTABLISHMENT OF UNIFORM REPORTING unit of general local government which is in- Local Law Enforcement Assistance Pro- REQUIREMENTS.—Based on the Secretary’s ap- cluded in that of an urban county shall be in- grams, as authorized under part E of title I proval of the recommendations submitted cluded in the population of such urban coun- of the Omnibus Crime Control and Safe pursuant to subparagraph (A), the Secretary ty for 3 program years beginning with the Streets Act of 1968 (42 U.S.C. 3750 et seq.); shall establish uniform reporting require- program year in which its population was and ments for grantees, States, and units of gen- first so included and shall not otherwise be (4) the Assistance to Firefighters Grant eral local government. eligible for a grant as a separate entity, un- Program, as authorized under section 33 of (3) REVIEWS AND AUDITS.—Not less than an- less the urban county does not receive a the Federal Fire Prevention and Control Act nually, the Secretary shall make such re- grant for any year during such 3-year period. of 1974 (15 U.S.C. 2229). (e) EXCLUSION OF LOCAL GOVERNMENTS views and audits as may be necessary or ap- SEC. 5. STATEMENT OF ACTIVITIES AND REVIEW. FROM URBAN COUNTY POPULATION.— propriate to determine— (a) APPLICATION.— (1) NOTIFICATION BY URBAN COUNTY.—Any (A) in the case of grants awarded under (1) IN GENERAL.—A State, metropolitan county seeking qualification as an urban section 7(b), whether the grantee— city, urban county, or unit of general local county, including any urban county seeking (i) has carried out its activities; government desiring a grant under sub- to continue such qualification, shall notify (ii) where applicable, has carried out its section (b) or (i) of section 7 shall submit an each unit of general local government, lo- activities and its certifications in accord- application to the Secretary that contains— cated within its geographical boundaries and (A) a statement of homeland security ob- ance with the requirements and the primary eligible to elect to have its population ex- jectives and projected use of grant funds; and objectives of this Act and with other applica- cluded from that of the urban county, of its (B) the certifications required under para- ble laws; and opportunity to make such an election. Such graph (2) and, if appropriate, subsection (b). (iii) has a continuing capacity to carry out notification shall, at a time and in a manner those activities in a timely manner; and (2) GRANTEE STATEMENT.— prescribed by the Secretary, be provided so (B) in the case of grants to States made (A) CONTENTS.— as to provide a reasonable period for re- under section 7(i), whether the State— (i) LOCAL GOVERNMENT.—In the case of met- sponse prior to the period for which such ropolitan cities or urban counties receiving (i) has distributed funds to units of general qualification is sought. grants under section 7(b) and units of general local government in a timely manner and in (2) FAILURE OF LOCAL GOVERNMENT TO ELECT local government receiving grants under sec- conformance to the method of distribution TO BE EXCLUDED.—The population of any unit tion 7(i)(3), the statement of projected use of described in its statement; of general local government which is pro- funds shall consist of proposed homeland se- (ii) has carried out its certifications in vided such notification and which does not curity activities. compliance with the requirements of this inform, at a time and in a manner prescribed Act and other applicable laws; and (ii) STATES.—In the case of States receiv- by the Secretary, the county of its election (iii) has made such reviews and audits of to exclude its population from that of the ing grants under section 7, the statement of projected use of funds shall consist of the the units of general local government as may county shall, if the county qualifies as an be necessary or appropriate to determine urban county, be included in the population method by which the States will distribute funds to units of general local government. whether they have satisfied the applicable of such urban county as provided under sub- performance criteria described in subpara- section (d). (B) CONSULTATION.—In preparing the state- ment required under this subsection, the graph (A). SEC. 4. GRANTS TO STATES, UNITS OF GENERAL (4) ADJUSTMENTS.—The Secretary may LOCAL GOVERNMENT AND INDIAN grantee shall consult with appropriate law enforcement agencies and emergency re- make appropriate adjustments in the TRIBES; AUTHORIZATIONS. amount of the annual grants in accordance (a) AUTHORIZATION.—The Secretary may sponse authorities. with the Secretary’s findings under this sub- award grants to States, units of general local (C) FINAL STATEMENT.—A copy of the final section. With respect to assistance made government, and Indian tribes to carry out statement and the certifications required available to units of general local govern- activities in accordance with this Act. under paragraph (3) and, where appropriate, (b) AUTHORIZATION OF APPROPRIATIONS.— subsection (b), shall be furnished to the Sec- ment under section 7(i)(3), the Secretary (1) IN GENERAL.—There are authorized to be retary and the Attorney General. may adjust, reduce, or withdraw such assist- ance, or take other action as appropriate in appropriated to carry out section 7— (D) MODIFICATIONS.—Any final statement (A) $4,000,000,000 for each of the fiscal years of activities may be modified or amended accordance with the Secretary’s reviews and 2005 through 2008; and from time to time by the grantee in accord- audits under this subsection, except that (B) such sums as may be necessary for fis- ance with the same procedures required funds already expended on eligible activities cal year 2009 and each fiscal year thereafter. under this paragraph for the preparation and under this Act shall not be recaptured or de- (2) STATE, REGIONAL, AND LOCAL PLANNING, submission of such statement. ducted from future assistance to such units of general local government. TRAINING, AND COMMUNICATION SYSTEMS.— (3) CERTIFICATION OF ENUMERATED CRITERIA There are authorized to be appropriated to BY GRANTEE TO SECRETARY.—A grant under (c) AUDITS.—Insofar as they relate to funds carry out section 8— section 7 shall not be awarded unless the provided under this Act, the financial trans- (A) $1,000,000,000 for each of the fiscal years grantee certifies to the satisfaction of the actions of recipients of such funds may be 2005 through 2008; and Secretary that the grantee— audited by the General Accounting Office (B) such sums as may be necessary for fis- (A) has developed a homeland security plan under such rules and regulations as may be cal year 2009 and each fiscal year thereafter. that identifies both short- and long-term prescribed by the Comptroller General of the (3) HIGH-THREAT, HIGH-DENSITY URBAN homeland security needs that have been de- United States. The representatives of the AREAS.—There are authorized to be appro- veloped in accordance with the primary ob- General Accounting Office shall have access priated to carry out section 9— jective and requirements of this Act; and to all books, accounts, records, reports, files, (A) $1,500,000,000 for each of the fiscal years (B) will comply with the other provisions and other papers, things, or property belong- 2005 through 2008; and of this Act and with other applicable laws. ing to or in use by such recipients pertaining (B) such sums as may be necessary for fis- (b) SUBMISSION OF ANNUAL PERFORMANCE to such financial transactions and necessary cal year 2009 and each fiscal year thereafter. REPORTS, AUDITS, AND ADJUSTMENTS.— to facilitate the audit.

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(d) METROPOLITAN CITY AS PART OF URBAN days after the date on which such funds are (D) VULNERABILITY AS IT PERTAINS TO CHEM- COUNTY.—In any case in which a metropoli- appropriated, allocate and directly transfer ICAL SECURITY.—If a metropolitan city is tan city is located, in whole or in part, with- 70 percent to metropolitan cities and urban within the vulnerable zone of a worst-case in an urban county, the Secretary may, upon counties. chemical release (as specified in the most re- the joint request of such city and county, ap- (2) ENTITLEMENT.—Except as otherwise spe- cent risk management plans filed with the prove the inclusion of the metropolitan city cifically authorized, each metropolitan city Environmental Protection Agency or an- as part of the urban county for purposes of and urban county shall be entitled to an an- other instrument development by the Envi- submitting a statement under subsection (a) nual grant, to the extent authorized beyond ronmental Protection Agency or the Depart- and carrying out activities under this Act. fiscal year 2008, from such allocation in an ment of Homeland Security that captures SEC. 6. ACTIVITIES ELIGIBLE FOR ASSISTANCE. amount not to exceed its basic amount com- the same information for the same facili- Activities assisted under this Act may in- puted pursuant to subsections (c) and (d). ties), the ratio under paragraph (1)(D) shall clude— (c) COMPUTATION OF AMOUNT ALLOCATED TO be 1 divided by the total number of metro- (1) funding additional law enforcement, METROPOLITAN CITIES.— politan cities that are within such a zone, fire, and emergency resources, including cov- (1) VULNERABILITY AND THREAT FACTORS.— not to exceed 100. ering overtime expenses; The Secretary shall calculate the amount to (E) VULNERABILITY AS IT PERTAINS TO NU- (2) purchasing and refurbishing personal be allocated to each metropolitan city, CLEAR SECURITY.—If a metropolitan city is protective equipment for fire, police, and which shall bear the same ratio to the allo- located within 50 miles of an operating nu- emergency personnel and acquire state-of- cation for all metropolitan cities as the clear powerplant, as identified by the Nu- the-art technology to improve communica- weighted average of— clear Regulatory Commission, the ratio tion and streamline efforts; (A) the population (including tourist, mili- under paragraph (1)(E) shall be 1 divided by (3) improving cyber and infrastructure se- tary, and commuting populations) of the the total number of metropolitan cities, not curity by improving— metropolitan city divided by the population to exceed 100, which are located within 50 (A) security for water treatment plants, of all metropolitan cities; miles of an operating nuclear powerplant. distribution systems, other water infrastruc- (B) the population density of the metro- (F) VULNERABILITY AS IT PERTAINS TO PORT ture, nuclear power plants, electrical grids, politan city; SECURITY.—If a metropolitan city is located and other energy infrastructure; (C) the proximity of the metropolitan city within 50 miles of— (B) security for tunnels, bridges, locks, ca- to international borders; (i) one of the 75 largest United States nals, railway systems, airports, land and (D) the vulnerability of the metropolitan ports, as stated by the Department of Trans- water ports, and other transportation infra- city as it pertains to chemical security; portation, Bureau of Transportation Statis- structure; (E) the vulnerability of the metropolitan tics, United States Ports Report by All Land (C) security for oil and gas pipelines and city as it pertains to nuclear security; Modes; or storage facilities; (F) the vulnerability of the metropolitan (ii) one of the 25 largest United States (D) security for chemical plants and trans- city as it pertains land and water port secu- water ports by metric tons and value, as portation of hazardous substances; rity; stated by the Department of Transportation, (E) security for agriculture infrastructure; (G) the vulnerability of the metropolitan Maritime Administration, United States and city as it pertains to the security of energy Foreign Waterborne Transportation Statis- (F) security for national icons and Federal infrastructure; tics, facilities that may be terrorist targets; (H) the vulnerability of the metropolitan the ratio under paragraph (1)(F) shall be 1 di- (4) assisting local emergency planning city as it pertains to the security of inland vided by the total number of metropolitan committees so that local public agencies can waterway infrastructure; cities that are located within 50 miles of a design, review, and improve disaster re- (I) the vulnerability of the metropolitan United States land or water port, not to ex- sponse systems; city as it pertains to the security of freight ceed 100. (5) assisting communities in coordinating and passenger rail transportation infrastruc- (G) VULNERABILITY AS IT PERTAINS TO EN- their efforts and sharing information with ture; ERGY INFRASTRUCTURE SECURITY.—If a metro- all relevant agencies involved in responding (J) the vulnerability of the metropolitan politan city is among the 100 metropolitan to terrorist attacks; city as it pertains to the security of aviation cities that are closest to, or within 50 miles (6) establishing timely notification sys- infrastructure; of, non-nuclear power generating plants, tems that enable communities to commu- (K) the vulnerability of the metropolitan compressors, and other significant compo- nicate with each other when a threat city as it pertains to the security of agri- nents of critical energy infrastructure as emerges; culture infrastructure; identified by the Department of Energy or (7) improving communication systems to (L) the proximity of the metropolitan city the Department of Homeland Security, the provide information to the public in a timely to the nearest national icons and Federal fa- ratio under paragraph (1)(G) shall be 1 di- manner about the facts of any threat and the cilities that may be a terrorist target, as de- vided by the total number of metropolitan precautions the public should take; and termined by the Department of Homeland cities that are located within 50 miles of (8) devising a homeland security plan, in- Security, and the proximity of all metropoli- critical energy infrastructure, not to exceed cluding determining long-term goals and tan cities to the nearest national icons and 100. short-term objectives, evaluating the Federal buildings that may be a terrorist (H) VULNERABILITY AS IT PERTAINS TO IN- progress of the plan, and carrying out the target, as determined by the Department of LAND WATERWAY INFRASTRUCTURE SECURITY.— management, coordination, and monitoring Homeland Security; and If a metropolitan city is among the 100 met- of activities necessary for effective planning (M) the threat to the metropolitan city ropolitan cities that are closest to, or within implementation. based upon intelligence information from 50 miles of, the most significant locks, ca- SEC. 7. ALLOCATION AND DISTRIBUTION OF the Department of Homeland Security; nals, and other components of critical inland FUNDS. (2) CLARIFICATION OF COMPUTATION RA- waterway system infrastructure as identified (a) SET-ASIDE FOR INDIAN TRIBES.— TIOS.— by the Department of Transportation, the (1) IN GENERAL.—The Secretary shall re- (A) RELATIVE WEIGHT OF FACTORS.—In de- ratio under paragraph (1)(H) shall be 1 di- serve 1 percent of the amount appropriated termining the weighted average of the ratios vided by the total number of metropolitan for each fiscal year for grants pursuant to under paragraph (1)— cities that are located within 50 miles of section 4(b)(1) (excluding the amounts for ac- (i) the factor involving population shall critical inland water infrastructure, not to tivities described in section 6) for grants to constitute 38 percent; exceed 100. Indian tribes. (ii) the factor involving population density (I) VULNERABILITY AS IT PERTAINS TO RAIL (2) SELECTION OF INDIAN TRIBES.— shall constitute 12 percent; and TRANSPORTATION INFRASTRUCTURE SECU- (A) IN GENERAL.—The Secretary shall dis- (iii) the remaining factors shall be equally RITY.—If a metropolitan city is among the tribute amounts under this paragraph to In- weighted. 100 metropolitan cities that are closest to, or dian tribes on the basis of a competition con- (B) POPULATION DENSITY.—The metropoli- within 50 miles of, the largest railroad hubs ducted pursuant to specific criteria for the tan cities shall be ranked according to the and other significant components of critical selection of Indian tribes to receive such density of their populations in calculating freight and passenger rail infrastructure, as amounts. the weighted average of this factor. The pop- identified by the Department of Transpor- (B) RULEMAKING.—The Secretary, after no- ulation density ratio shall be 1 divided by tation, the ratio under paragraph (1)(I) shall tice and public comment, shall promulgate the total number of metropolitan cities, not be 1 divided by the total number of metro- regulations, which establish the criteria de- to exceed 100. politan cities that are located within 50 scribed in subparagraph (A). (C) PROXIMITY TO INTERNATIONAL BOR- miles of critical inland water infrastructure, (b) ALLOCATION TO METROPOLITAN CITIES DERS.—If a metropolitan city is located with- not to exceed 100. AND URBAN COUNTIES.— in 50 miles of an international border, the (J) VULNERABILITY AS IT PERTAINS TO AVIA- (1) ALLOCATION PERCENTAGE.—Of the ratio under paragraph (1)(C) shall be 1 di- TION INFRASTRUCTURE SECURITY.—If a metro- amount remaining after allocations have vided by the total number of metropolitan politan city is among the 100 metropolitan been made to Indian tribes under subsection cities, not to exceed 100, which are located cities that are closest to, or within 50 miles (a), the Secretary shall, not later than 60 within 50 miles of an international border. of, major passenger or cargo airports that

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(A) RELATIVE WEIGHT OF FACTORS.—In de- inland water infrastructure, not to exceed (K) VULNERABILITY AS IT PERTAINS TO AGRI- termining the weighted average of the ratios 100. CULTURE INFRASTRUCTURE SECURITY.—If a under paragraph (1)— (I) VULNERABILITY AS IT PERTAINS TO RAIL metropolitan city is among the 100 metro- (i) the factor involving population shall TRANSPORTATION INFRASTRUCTURE SECU- politan cities that are closest to, or within 50 constitute 38 percent; RITY.—If an urban county is among the 100 miles of, major feed yards, food processing (ii) the factor involving population density urban counties that are closest to, or within facilities, and other significant components shall constitute 12 percent; and 50 miles of, the largest railroad hubs and of the nation’s agriculture infrastructure, as (iii) the remaining factors shall be equally other significant components of critical defined and determined by the Department weighted. freight and passenger rail infrastructure, as of Agriculture and the Department of Home- (B) POPULATION DENSITY.—The population identified by the Department of Transpor- land Security, the ratio under paragraph density ratio shall be 1 divided by the total tation, the ratio under paragraph (1)(I) shall (1)(K) shall be 1 divided by the total number number of urban counties, not to exceed 100. be 1 divided by the total number of urban of metropolitan cities that are located with- The urban counties shall be ranked accord- counties that are located within 50 miles of in 50 miles of critical agriculture infrastruc- ing to the density of their populations in cal- critical inland water infrastructure, not to ture, not to exceed 100. culating the weighted average of this factor. exceed 100. (L) PROXIMITY TO NATIONAL ICONS AND FED- (C) PROXIMITY TO INTERNATIONAL BOR- (J) VULNERABILITY AS IT PERTAINS TO AVIA- ERAL BUILDINGS.—If a metropolitan city is DERS.—If an urban county is located within TION INFRASTRUCTURE SECURITY.—If an urban among the 100 metropolitan cities that are 50 miles of an international border, the ratio county is among the 100 urban counties that closest to, or within 50 miles of, national under paragraph (1)(C) shall be 1 divided by are closest to, or within 50 miles of, major icons and Federal buildings that the Depart- the total number of urban counties, not to passenger or cargo airports that are signifi- ment of Homeland Security determines are exceed 100, which are located within 50 miles cant components of the Nation’s air trans- most vulnerable with respect to a terrorist of an international border. portation infrastructure as identified by the attack, the ratio under paragraph (1)(L) shall (D) VULNERABILITY AS IT PERTAINS TO CHEM- Department of Transportation, the ratio be 1 divided by the total number of metro- ICAL SECURITY.—If an urban county is within under paragraph (1)(J) shall be 1 divided by politan cities that are located within 50 the vulnerable zone of a worst-case chemical the total number of urban counties that are miles of such icons or Federal buildings, not release (as specified in the most recent risk located within 50 miles of critical aviation to exceed 100. management plans filed with the Environ- transportation infrastructure, not to exceed (M) INTELLIGENCE.—If a metropolitan city mental Protection Agency or another instru- 100. is among the 100 metropolitan cities that ment development by the Environmental (K) VULNERABILITY AS IT PERTAINS TO AGRI- have been identified by the Department of Protection Agency or the Department of CULTURE INFRASTRUCTURE SECURITY.—If Homeland Security as being special alert or Homeland Security that captures the same urban county is among the 100 urban coun- heightened alert status for the longest peri- information for the same facilities), the ties that are closest to, or within 50 miles of, ods of time, the ratio under paragraph (1)(M) ratio under paragraph (1)(D) shall be 1 di- major feed yards, food processing facilities, shall be 1 divided by the total number of vided by the total number of urban counties and other significant components of the Na- metropolitan cities that have been identified that are within such a zone, not to exceed tion’s agriculture infrastructure, as defined by the Department of Homeland Security, 100. and determined by the Department of Agri- not to exceed 100. ULNERABILITY AS IT PERTAINS TO NU (d) COMPUTATION OF AMOUNT ALLOCATED TO (E) V - culture and the Department of Homeland Se- URBAN COUNTIES.— CLEAR SECURITY.—If an urban county is lo- curity, the ratio under paragraph (1)(K) shall (1) VULNERABILITY AND THREAT FACTORS.— cated within 50 miles of an operating nuclear be 1 divided by the total number of urban The Secretary shall determine the amount power plant, as identified by the Nuclear counties that are located within 50 miles of to be allocated to each urban county, which Regulatory Commission, the ratio under critical agriculture infrastructure, not to ex- shall bear the same ratio to the allocation paragraph (1)(E) shall be 1 divided by the ceed 100. for all urban counties as the weighted aver- total number of urban counties, not to ex- (L) PROXIMITY TO NATIONAL ICONS AND FED- age of— ceed 100, which are located within 50 miles of ERAL BUILDINGS.—If an urban county is (A) the population (including tourist, mili- an operating nuclear power plant. among the 100 urban counties that are clos- tary, and commuting populations) of the (F) VULNERABILITY AS IT PERTAINS TO PORT est to, or within 50 miles of, national icons urban county divided by the population of all SECURITY.—If an urban county is located and Federal buildings that the Department urban counties; within 50 miles of— of Homeland Security determines are most (B) the population density of the urban (i) one of the 75 largest United States vulnerable with respect to a terrorist attack, county; ports, as stated by the Department of Trans- the ratio under paragraph (1)(L) shall be 1 di- (C) the proximity of the urban county to portation, Bureau of Transportation Statis- vided by the total number of urban counties international borders; tics, United States Ports Report by All Land that are located within 50 miles of such icons (D) the vulnerability of the urban county Modes; or or Federal buildings, not to exceed 100. as it pertains to chemical security; (ii) one of the 25 largest United States (M) INTELLIGENCE.—If an urban county is (E) the vulnerability of the urban county water ports by metric tons and value, as among the 100 urban counties that have been as it pertains to nuclear security; stated by the Department of Transportation, identified by the Department of Homeland (F) the vulnerability of the urban county Maritime Administration, United States Security as being special alert or heightened as it pertains land and water port security; Foreign Waterborne Transportation Statis- alert status for the longest periods of time, (G) the vulnerability of the urban county tics, the ratio under paragraph (1)(M) shall be 1 as it pertains to the security of energy infra- the ratio under paragraph (1)(F) shall be 1 di- divided by the total number of urban coun- structure; vided by the total number of urban counties ties that have been identified by the Depart- (H) the vulnerability of the urban county that are located within 50 miles of a United ment of Homeland Security, not to exceed as it pertains to the security of inland water- States land or water port, not to exceed 100. 100. way infrastructure; (G) VULNERABILITY AS IT PERTAINS TO EN- (e) EXCLUSIONS.— (I) the vulnerability of the urban county as ERGY INFRASTRUCTURE SECURITY.—If an urban (1) IN GENERAL.—In computing amounts or it pertains to the security of freight and pas- county is among the 100 urban counties that exclusions under subsection (d) with respect senger rail transportation infrastructure; are closest to, or within 50 miles of, non-nu- to any urban county, units of general local (J) the vulnerability of the urban county clear power generating plants, compressors, government located in the county that are as it pertains to the security of aviation in- and other significant components of critical not included in the population of the county frastructure; energy infrastructure as identified by the in determining the eligibility of the county (K) the vulnerability of the urban county Department of Energy or the Department of to receive a grant under this subsection shall as it pertains to the security of agriculture Homeland Security, the ratio under para- be excluded, except that any independent infrastructure; graph (1)(G) shall be 1 divided by the total city (as defined by the Bureau of the Census) (L) the proximity of the urban county to number of urban counties that are located shall be included if it— the nearest national icons and Federal facili- within 50 miles of critical energy infrastruc- (A) is not part of any county; ties that may be a terrorist target, as deter- ture, not to exceed 100. (B) is not eligible for a grant; mined by the Department of Homeland Secu- (H) VULNERABILITY AS IT PERTAINS TO IN- (C) is contiguous to the urban county; rity, and the proximity of all urban counties LAND WATERWAY INFRASTRUCTURE SECURITY.— (D) has entered into cooperation agree- to the nearest national icons and Federal If an urban county is among the 100 urban ments with the urban county which provide buildings that may be a terrorist target, as counties that are closest to, or within 50 that the urban county is to undertake or to

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S191 assist in the undertaking of essential com- versely affected by the loss of such amounts amounts on the basis of the activities se- munity development and housing assistance from the metropolitan area. lected; and activities with respect to such independent (2) RATIO.—The amount of the share of (III) has consulted with local elected offi- city; and funds reallocated under this subsection for cials from among units of general local gov- (E) is not included as a part of any other any metropolitan city or urban county shall ernment located in nonqualifying areas of unit of general local government for pur- bear the same ratio to the total of such re- that State in determining the method of dis- poses of this section. allocated funds in the metropolitan area as tribution of funds required by subparagraph (2) INDEPENDENT CITIES.—Any independent the amount of funds awarded to the city or (A); and city that is included in any fiscal year for county for the fiscal year in which the re- (ii) each unit of general local government purposes of computing amounts pursuant to allocated funds become available bears to to be distributed funds will be required to the preceding sentence shall not be eligible the total amount of funds awarded to all identify its homeland security objectives, to receive assistance under subsection (i) for metropolitan cities and urban counties in and the activities to be undertaken to meet that fiscal year. the same metropolitan area for that fiscal such objectives. (f) INCLUSIONS.— year. (4) MINIMUM AMOUNT.— (1) LOCAL GOVERNMENT STRADDLING COUNTY (3) TRANSFER.—Notwithstanding para- (A) IN GENERAL.—Except as provided under LINE.—In computing amounts under sub- graphs (1) and (2), the Secretary may, upon subparagraph (B), each State shall be allo- section (d) with respect to any urban county, request, transfer to any metropolitan city cated, for each fiscal year authorized under there shall be included all of the area of any the responsibility for the administration of this Act and under this section, the greater unit of local government which is part of, any amounts received, but not obligated, by of— but is not located entirely within the bound- the urban county in which such city is lo- (i) 0.75 percent of the total amount appro- aries of, such urban county if— cated if— priated in the fiscal year for grants to States (A) the part of such unit of local govern- (A) such city was an included unit of gen- under this section; or ment that is within the boundaries of such eral local government in such county prior (ii) the amount the State would otherwise urban county would otherwise be included in to the qualification of such city as a metro- be allocated under the formula set forth in computing the amount for such urban coun- politan city; this section. ty under this section; and (B) such amounts were designated and re- (B) EXCEPTION.—Notwithstanding subpara- (B) the part of such unit of local govern- ceived by such county for use in such city graph (A), the United States Virgin Islands, ment that is not within the boundaries of prior to the qualification of such city as a American Samoa, Guam, and the Northern Mariana Islands shall each be allocated 0.25 such urban county is not included as a part metropolitan city; and percent of the total amount appropriated in of any other unit of local government for the (C) such city and county agree to such each fiscal year for grants to States under purpose of this section. transfer of responsibility for the administra- this section. (2) USE OF GRANT FUNDS OUTSIDE URBAN tion of such amounts. (5) ADMINISTRATION.— COUNTY.—Any amount received under this (i) ALLOCATION TO STATES ON BEHALF OF (A) IN GENERAL.—Each State shall be re- section by an urban county described under NON-QUALIFYING COMMUNITIES.— sponsible for the administration of all funds paragraph (1) may be used with respect to (1) IN GENERAL.—Of the amount appro- received and distributed under paragraph (1). the part of such unit of local government priated pursuant to section 4 that remains Except as provided under subparagraph (B), that is outside the boundaries of such urban after allocations under subsections (a) and the State shall pay for all administrative ex- county. (b), the Secretary shall allocate 30 percent penses incurred by the State in carrying out (g) POPULATION.— among the States for use in nonqualifying its responsibilities under this Act. (1) EFFECT OF CONSOLIDATION.—Where data communities. (B) FEDERAL SHARE.—From the amounts are available, the amount to be allocated to (2) ALLOCATION RATIO.— received by each State for distribution in a metropolitan city that has been formed by (A) POPULATION-BASED.—The allocation for nonqualifying areas, the State may deduct the consolidation of 1 or more metropolitan each State shall be based on the population an amount to pay— cities within an urban county shall be equal of that State, relative to the populations of (i) the first $150,000 of its administrative to the sum of the amounts that would have all States, excluding the population of quali- expenses under this subsection; and been allocated to the urban county or cities fying communities. (ii) 50 percent of any State administrative and the balance of the consolidated govern- (B) PRO-RATA REDUCTION.—The Secretary expenses under this subsection in excess of ment, if such consolidation had not occurred. shall make a pro rata reduction of each $150,000, which amount shall not exceed 2 (2) LIMITATION.—Paragraph (1) shall apply amount allocated to the nonqualifying com- percent of the amount received by the State only to a consolidation that— munities in each State under subparagraph under paragraph (1). (A) included all metropolitan cities that (A) so that the nonqualifying communities (C) DISTRIBUTION.—Any distribution by the received grants under this section for the fis- in each State will receive the same percent- Secretary under paragraph (1) shall be made cal year preceding such consolidation and age of the total amount available under this in accordance with— that were located within the urban county; subsection as the percentage that such com- (i) determinations of the Secretary; (B) included the entire urban county that munities would have received if the total (ii) statements submitted and the other re- received a grant under this section for the amount available had equaled the total quirements under section 5 (except for sub- fiscal year preceding such consolidation; and amount allocated under subparagraph (A). section (c)); (C) took place on or after January 1, 2004. (3) DISTRIBUTION.— (iii) regulations and procedures prescribed (3) GROWTH RATE.—The population growth (A) STATES.—A State shall distribute by the Secretary. rate of all metropolitan cities defined in sec- amounts it receives under this subsection to (D) REALLOCATION.— tion 3(a)(6) shall be based on the population units of general local government located in (i) FAILURE TO COMPLY.—Any amounts allo- of— nonqualifying areas of the State in such cated for use in a State under paragraph (1) (A) metropolitan cities other than consoli- manner and at such time as the Secretary that are not received by the State for any dated governments the grant for which is de- shall prescribe, consistent with the state- fiscal year because of failure to meet the re- termined under this paragraph; and ment submitted under section 5(a), and not quirements of subsection (a) or (b) of section (B) cities that were metropolitan cities be- later than 45 days after the date on which 5 shall be added to amounts allocated to all fore their incorporation into consolidated the State receives such amounts from the States under paragraph (1) for the succeeding governments. Federal Government. fiscal year. (4) ENTITLEMENT SHARE.—For purposes of (B) CERTIFICATION.—Before a State may re- (ii) CLOSEOUT.—Any amounts allocated for calculating the entitlement share for the ceive or distribute amounts allocated under use in a State under paragraph (1) that be- balance of the consolidated government this subsection, the State must certify come available as a result of the closeout of under this subsection, the entire balance that— a grant made by the Secretary under this shall be considered to have been an urban (i) with respect to units of general local section in nonqualifying areas of the State county. government in nonqualifying areas, the shall be added to amounts allocated to the (h) REALLOCATION.— State— State under paragraph (1) for the fiscal year (1) IN GENERAL.—Except as provided under (I) provides, or will provide, technical as- in which such amounts become available. paragraph (2), any amounts allocated to a sistance to units of general local government (6) SINGLE UNIT.—Any combination of units metropolitan city or an urban county under in connection with homeland security initia- of general local governments may not be re- this section that are not received by the city tives; quired to obtain recognition by the Sec- or county for a fiscal year because of failure (II) will not refuse to distribute such retary to be treated as a single unit of gen- to meet the requirements of subsection (a) or amounts to any unit of general local govern- eral local government for purposes of this (b) of section 5, or that otherwise became ment on the basis of the particular eligible subsection. available, shall be reallocated in the suc- activity selected by such unit of general (7) DEDUCTION.—From the amounts re- ceeding fiscal year to the other metropolitan local government to meet its homeland secu- ceived under paragraph (1) for distribution in cities and urban counties in the same metro- rity objectives, except that this clause may nonqualifying areas, the State may use not politan area that certify to the satisfaction not be considered to prevent a State from es- more than 1 percent to provide technical as- of the Secretary that they would be ad- tablishing priorities in distributing such sistance to local governments.

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(8) APPLICABILITY.—Any activities con- (2) MINIMUM AMOUNT PROVISION.—The provi- (c) REIMBURSEMENTS.—The Secretary may ducted with amounts received by a unit of sion under section 7(i)(4) relating to a min- disburse flexible emergency assistance funds general local government under this sub- imum amount shall apply to amounts allo- to reimburse States and units of general section shall be subject to the applicable cated to States under this section. local government for increased personnel provisions of this Act and other Federal law (3) LOCAL COMMUNICATIONS SYSTEMS.— costs associated with the activation of first in the same manner and to the same extent (A) IN GENERAL.—Not less than 50 percent responders who serve in the Reserves or Na- as activities conducted with amounts re- of the amounts allocated under subsection tional Guard. ceived by a unit of general local government (b)(4) shall be used for the development and (d) MINIMUM AMOUNT.—Section 1014(c)(3) of under subsection (a). maintenance of local communications sys- the USA PATRIOT ACT (42 U.S.C. 3711(c)(3)) (j) QUALIFICATIONS AND DETERMINATIONS.— tems. and section 7(i)(4) of this Act shall not apply The Secretary may prescribe such qualifica- (B) DISTRIBUTION OF FUNDS.—Each State to funds awarded under this section. tion or submission dates as the Secretary de- shall distribute amounts reserved for local SEC. 11. FEDERAL PREPAREDNESS, EQUIPMENT, termines to be necessary to permit the com- communications systems in that State under AND TRAINING STANDARDS. putations and determinations required by subparagraph (A) to units of general local (a) IN GENERAL.—The Department of Home- this section to be made in a timely manner, government not later than 45 days after the land Security shall develop national home- and all such computations and determina- State receives such amounts from the Fed- land security preparedness, first responder tions shall be final and conclusive. eral Government. training, and equipment standards, and best (k) PRO RATA REDUCTION AND INCREASE.— (d) ALLOCATIONS TO REGIONAL COOPER- practices to facilitate the most effective and (1) REDUCTION.—If the total amount avail- ATIONS.—Funds allocated under subsection efficient use of funds authorized under this able for distribution in any fiscal year to (b)(2) shall be allocated to regional cooper- Act. metropolitan cities and urban counties under ations and regional, multistate, or intrastate (b) CONSULTATION.—Not later than 1 year this section is insufficient to provide the authorities, based upon the population of the after the date of enactment of this Act, the amounts to which metropolitan cities and areas covered by each regional cooperative. Secretary shall develop the standards de- urban counties would be entitled under this SEC. 9. HIGH-THREAT, HIGH-DENSITY URBAN scribed in subsection (a) in consultation with section, and funds are not otherwise appro- AREAS. first responders, States, local communities, priated to meet the deficiency, the Secretary (a) ALLOCATIONS.— nongovernmental homeland security experts, shall meet the deficiency through a pro rata (1) IN GENERAL.—From the amounts appro- and such other persons and organizations as reduction of all amounts determined under priated pursuant to section 4(b)(3), the Sec- the Secretary determines to be appropriate. this section. retary shall allocate $1,500,000,000 for discre- (c) REPORTS.—The Secretary shall submit a (2) INCREASE.—If the total amount avail- tionary grants to high-threat, high-density report to Congress on the progress made in able for distribution in any fiscal year to urban areas, as determined by the Secretary, developing the standards and best practices metropolitan cities and urban counties under and for the protection of critical infrastruc- described in subsection (a)— this section exceeds the amounts to which ture. (1) not later than 90 days after the date of metropolitan cities and urban counties (2) DISTRIBUTION.—Grant funds awarded enactment of this Act; and would be entitled under this section, the Sec- under this section shall be transferred di- (2) not later than 180 days after the date of retary shall distribute the excess through a rectly to high-threat, high-density urban enactment of this Act. pro rata increase of all amounts determined areas not later than 60 days after the date on SEC. 12. NONDISCRIMINATION IN PROGRAMS under this section. which funds are appropriated pursuant to AND ACTIVITIES. SEC. 8. STATE AND REGIONAL PLANNING AND section 4(b)(3). (a) IN GENERAL.—No person in the United COMMUNICATION SYSTEMS. (b) SELECTION CRITERIA.—In selecting States shall on the ground of race, color, na- (a) ALLOCATIONS.—From the amounts ap- grantees under this section, the Secretary tional origin, religion, or sex be excluded propriated pursuant to section 4(b)(2), the shall consider— from participation in, be denied the benefits Secretary shall allocate $1,000,000,000 to (1) credible threat; of, or be subjected to discrimination under States, regional cooperations, and units of (2) vulnerability; any program or activity funded in whole or general local government for— (3) the presence of critical infrastructure, in part with funds made available under this (1) homeland defense planning within the including infrastructure described in section Act. States; 7; (b) AGE OR HANDICAP.—Any prohibition (2) providing increased security through (4) population; against discrimination on the basis of age additional first responder personnel; (5) population density; and under the Age Discrimination Act of 1975 (42 (3) purchasing and refurbishing personal (6) identified needs of public agencies. U.S.C. 6101 et seq.) or with respect to an oth- protective equipment for first responder per- (c) HOMELAND SECURITY PLAN.—Each high- erwise qualified handicapped individual as sonnel; threat, high-density urban area awarded a provided in section 504 of the Rehabilitation (4) homeland defense planning within the grant under this section shall submit a Act of 1973 (29 U.S.C. 794) shall also apply to regions; homeland security plan to the State in any such program or activity. (5) the development and maintenance of which it is located and to the Secretary that SEC. 13. REMEDIES FOR NONCOMPLIANCE WITH Statewide training facilities and homeland describes the intended use of grant funds re- REQUIREMENTS. security best-practices clearinghouses; and ceived under this section. If the Secretary finds, after reasonable no- (6) the development and maintenance of (d) MINIMUM AMOUNT.—Section 1014(c)(3) of tice and opportunity for a hearing, that a re- communications systems that can be used the USA PATRIOT ACT (42 U.S.C. 3711(c)(3)) cipient of assistance under this Act has between and among first responders, includ- and section 7(i)(4) of this Act shall not apply failed to comply substantially with any pro- ing law enforcement, fire, and emergency to funds awarded under this section. vision of this Act, the Secretary shall— medical personnel. SEC. 10. FLEXIBLE EMERGENCY ASSISTANCE (1) terminate payments to the recipient (b) USE OF FUNDS.—Of the amount allo- FUND. under this Act; cated under subsection (a)— (a) IN GENERAL.—From the amounts appro- (2) reduce payments to the recipient under (1) $500,000,000 shall be used by the States priated pursuant to section 4(b)(4), this Act by an amount equal to the amount for homeland defense planning and coordina- $500,000,000 shall be used to create a flexible of such payments which were not expended tion within each State; emergency assistance fund, from which the in accordance with this Act; or (2) $50,000,000 shall be used by regional co- Secretary shall provide funds directly to (3) limit the availability of payments operations and regional, multistate, or intra- State and units of local government that under this Act to programs, projects, or ac- state authorities for homeland defense plan- incur extraordinary homeland security costs. tivities not affected by such failure to com- ning and coordination within each region; (b) RELEASE OF FUNDS.—The Secretary ply. (3) $50,000,000 shall be used by the States to may release emergency assistance funds to a SEC. 14. REPORTING REQUIREMENTS. develop and maintain statewide training fa- State or local community as the Secretary (a) IN GENERAL.—Not later than 180 days cilities and best-practices clearinghouses; determines to be appropriate, including— after the end of each fiscal year in which as- and (1) when the Secretary determines that a sistance is awarded under this Act, the Sec- (4) $400,000,000 shall be used by the States State or local community may be the spe- retary shall submit to Congress a report con- and units of general local government to de- cific target of a terrorist threat; taining— velop and maintain communications systems (2) when a local community is the venue of (1) a description of the progress made in that can be used between and among first re- a high profile trial related to homeland secu- accomplishing the objectives under this Act; sponders at the State and local level, includ- rity or terrorism; (2) a summary of the use of such funds dur- ing law enforcement, fire, and emergency (3) when the State or local community has ing the preceding fiscal year; and personnel. been asked to assist in a Federal investiga- (3) a description of the activities carried (c) ALLOCATIONS TO STATES.— tion concerning homeland security or ter- out under section 7. (1) IN GENERAL.—Amounts allocated to rorism; and (b) REPORTS TO SECRETARY.—The Secretary States under this section shall be allocated (4) when an agency of the Federal Govern- may require recipients of assistance under among the States based upon the population ment has requested the State or local com- this Act to submit such reports and other in- for each State relative to the populations of munity to assist that agency in performing formation as may be necessary in order for all States. homeland security functions. the Secretary to comply with subsection (a).

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S193 SEC. 15. CONSULTATION BY ATTORNEY GENERAL. tion, Paul Simon wrote over 20 books vestigation for procurement abuse and In carrying out the provisions of this Act and earned over 50 honorary degrees. possible criminal conduct from receiv- including the issuance of regulations, the From journalism to government to ing no-bid defense contracts. By clos- Secretary shall consult with the Attorney education, Paul Simon set the standard ing a loophole in current law, the De- General and other Federal departments and agencies administering Federal grant-in-aid for honesty and caring in public life. partment of Defense would no longer be programs. He was an unapologetic champion of permitted to enter into contracts, SEC. 16. INTERSTATE AGREEMENTS OR COM- the less fortunate. He was genuine in through a process that does not ensure PACTS; PURPOSES. his politics, life and values. full and open competition, with con- The consent of Congress is hereby given to Now those of us who loved and re- tractors simultaneously being inves- any 2 or more States to enter into agree- spected him will do our best to carry tigated by the Pentagon’s Office of In- ments or compacts, not in conflict with any on his tradition. We will find many spector General. The legislation also law of the United States— ways, great and small, to honor him. provides that if the President chooses (1) for cooperative effort and mutual as- Today, I am introducing companion to waive the prohibition in the interest sistance in support of homeland security legislation to a bill Congressman planning and programs carried out under of national security, he must notify this Act as they pertain to interstate areas JERRY COSTELLO has introduced in the Congress with a full and public expla- and to localities within such States; and House. This bill would designate the nation. (2) to establish such agencies, joint or oth- federal building at 250 West Cherry While our men and women in the erwise, that the States consider desirable for Street in Carbondale, IL, as the ‘‘Sen- Armed Services are making extraor- making such agreements and compacts effec- ator Paul Simon Federal Building.’’ I dinary sacrifices for this country, com- tive. am happy to have Senator FITZGERALD panies under investigation by the Pen- SEC. 17. MATCHING REQUIREMENTS; SUSPEN- as a cosponsor of this legislation. tagon’s Inspector General should be SION OF REQUIREMENTS FOR ECO- Paul Simon moved to Carbondale in barred from lining their pockets with NOMICALLY DISTRESSED AREAS. 1974, where he was elected to serve in (a) MATCHING REQUIREMENT.—Grant recipi- money from no-bid contracts. the U.S. House of Representatives. He ents shall contribute, from funds other than f those received under this Act, an amount continued to call the Carbondale area equal to 10 percent of the total funds re- his home until his death. Naming this AMENDMENTS SUBMITTED AND ceived under this Act, which shall be used in building in Carbondale after him will PROPOSED accordance with the grantee’s statement of help present and future generations re- SA 2233. Mr. GRASSLEY (for himself, Mr. homeland security objectives. member and honor Paul Simon, a great BAUCUS, Mr. GREGG, and Mr. KENNEDY) pro- (b) WAIVER FOR ECONOMIC DISTRESS.—The man who lived in and worked for the posed an amendment to the bill H.R. 3108, to Secretary shall waive the matching require- people of Carbondale and served our amend the Employee Retirement Income Se- ment under subsection (a) for grant recipi- curity Act of 1974 and the Internal Revenue ents that the Secretary determines to be federal government with the greatest integrity. I urge my colleagues to work Code of 1986 to temporarily replace the 30- economically distressed. year Treasury rate with a rate based on long- with Congressman COSTELLO and me to term corporate bonds for certain pension By Mr. DURBIN (for himself and quickly pass this legislation. plan funding requirements and other provi- Mr. FITZGERALD) (by request): I ask unanimous consent that the sions, and for other purposes. S. 2022. A bill to designate the Fed- text of the bill be printed in the SA 2234. Mr. KYL proposed an amendment eral building located at 250 West Cher- RECORD. to amendment SA 2233 proposed by Mr. ry Street in Carbondale, IL the ‘‘Sen- There being no objection, the bill was GRASSLEY (for himself, Mr. BAUCUS, Mr. ator Paul Simon Federal Building’’; to ordered to be printed in the RECORD, as GREGG, and Mr. KENNEDY) to the bill H.R. the Committee on Environment and follows: 3108, supra. Public Works. S. 2022 f Mr. DURBIN. Mr. President, recently Be it enacted by the Senate and House of Rep- TEXT OF AMENDMENTS we lost our colleague Paul Simon, a resentatives of the United States of America in Mr. GRASSLEY (for him- great public servant and a great friend. Congress assembled, SA 2233. self, Mr. BAUCUS, Mr. GREGG, and Mr. At the age of 19, Paul Simon became SECTION 1. DESIGNATION OF FEDERAL BUILD- ING. KENNEDY) proposed an amendment to the Nation’s youngest editor-publisher The Federal building located at 250 West the bill H.R. 3108, to amend the Em- when he accepted a Lion’s Club chal- Cherry Street in Carbondale, Illinois shall be ployee Retirement Income Security lenge to save the Troy Tribune in Troy, known and designated as the ‘‘Senator Paul Act of 1974 and the Internal Revenue IL. From that start, he built a chain of Simon Federal Building’’. Code of 1986 to temporarily replace the 13 newspapers in southern and central SEC. 2. REFERENCE. 30-year Treasury rate with a rate based Illinois. He also used his post in the Any reference in a law, map, regulation, on long-term corporate bonds for cer- newspaper world to expose criminal ac- document, paper or other record of the tain pension plan funding requirements tivities and in 1951, at age 22, he was United States to the Federal building re- and other provisons, and for other pur- called as a key witness to testify before ferred to in section 1 shall be deemed to be a reference to the Senator Paul Simon Fed- poses; as follows: the U.S. Senate’s Crime Investigating eral Building. Committee. Strike all after the first word, and insert: Paul Simon served the state of Illi- By Mrs. BOXER (for herself and 1. SHORT TITLE. nois and the United States for years. This Act may be cited as the ‘‘Pension Sta- Mr. LAUTENBERG): bility Act’’. He is the only individual to have served S. 2023. A bill to limit Department of SEC. 2. TEMPORARY REPLACEMENT OF INTER- in both the Illinois House of Represent- Defense contracting with firms under EST RATE ON 30-YEAR TREASURY SE- atives and the Illinois Senate, and the investigation by the inspector General CURITIES WITH INTEREST RATE ON U.S. House of Representatives and U.S. of the Department of Defense; to the CONSERVATIVELY INVESTED LONG- Senate. He also served as Lieutenant Committee on Armed Services. TERM CORPORATE BONDS. Governor for Illinois. In addition, he Mrs. BOXER. Mr. President, I am in- (a) INTERNAL REVENUE CODE OF 1986.— (1) DETERMINATION OF PERMISSIBLE served in the U.S. Army. troducing legislation, along with my RANGE.— Paul Simon highly valued education good friend from New Jersey, Senator (A) IN GENERAL.—Section 412(b)(5)(B)(ii) of and the youth of our Nation. In addi- LAUTENBERG, to ensure that American the Internal Revenue Code of 1986 is amend- tion to his work in Congress to taxpayers are given greater protection ed— strengthen public education in Amer- when the Defense Department seeks to (i) in subclause (I), by inserting ‘‘or (III)’’ ica, he started the public affairs report- procure property or services. The after ‘‘subclause (II)’’; ing program at Sangamon State Uni- United States is spending billions of (ii) by redesignating subclause (II) as sub- versity, now the University of Illinois dollars in its military and reconstruc- clause (III); at Springfield. He later became the (iii) by inserting after subclause (I) the fol- tion efforts in Iraq and Afghanistan, lowing new subclause: founder and director of the Public Pol- and much of this money is going to pri- ‘‘(II) SPECIAL RULE FOR 2004 AND 2005.—In icy Institute at Southern Illinois Uni- vate companies. the case of plan years beginning in 2004 or versity in Carbondale, IL, and taught The purpose of this legislation is sim- 2005, the term ‘permissible range’ means a there for more than 6 years. In addi- ple. It would ban companies under in- rate of interest which is not above, and not

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S194 CONGRESSIONAL RECORD — SENATE January 22, 2004 more than 10 percent below, the weighted av- (iv) in subclause (III), as so redesignated— graph (1) for any applicable plan year shall erage of the conservative long-term cor- (I) by inserting ‘‘or (II)’’ after ‘‘subclause be the greater of— porate bond rates during the 4-year period (I)’’ the first place it appears; and ‘‘(i) 20 percent (40 percent in the case of an ending on the last day before the beginning (II) by striking ‘‘subclause (I)’’ the second applicable plan year beginning after Decem- of the plan year. The Secretary shall, by reg- place it appears and inserting ‘‘such sub- ber 27, 2004) of the increased amount under ulation, prescribe a method for periodically clause’’. paragraph (1) determined without regard to determining conservative long-term bond (2) DETERMINATION OF CURRENT LIABILITY.— this paragraph, or rates for purposes of this paragraph. Such Section 302(d)(7)(C)(i) of such Act (29 U.S.C. ‘‘(ii) the increased amount which would be rates shall reflect the rates of interest on 1082(d)(7)(C)(i)) is amended by adding at the determined under paragraph (1) if the deficit amounts invested conservatively in long- end the following new subclause: reduction contribution under paragraph (2) term corporate bonds and shall be based on ‘‘(IV) SPECIAL RULE FOR 2004 AND 2005.—For for the applicable plan year were determined the use of 2 or more indices that are in the plan years beginning in 2004 or 2005, notwith- without regard to subparagraphs (A), (B), top 2 quality levels available reflecting aver- standing subclause (I), the rate of interest and (D) of paragraph (2). age maturities of 20 years or more.’’; and used to determine current liability under ‘‘(B) RESTRICTIONS ON BENEFIT INCREASES.— (iv) in subclause (III), as so redesignated— this subsection shall be the rate of interest No amendment which increases the liabil- (I) by inserting ‘‘or (II)’’ after ‘‘subclause under subsection (b)(5).’’. ities of the plan by reason of any increase in (I)’’ the first place it appears; and (3) CONFORMING AMENDMENT.—Section benefits, any change in the accrual of bene- (II) by striking ‘‘subclause (I)’’ the second 302(e)(7) of such Act (29 U.S.C. 1082(e)(7)) is fits, or any change in the rate at which bene- place it appears and inserting ‘‘such sub- amended to read as follows: fits become nonforfeitable shall be adopted clause’’. ‘‘(7) SPECIAL RULE FOR 2002.—In any case in during any applicable plan year, unless— (2) DETERMINATION OF CURRENT LIABILITY.— which the interest rate used to determine ‘‘(i) the funded current liability percentage Section 412(l)(7)(C)(i) of such Code is amend- current liability is determined under sub- (as defined in paragraph (8)(B)) as of the end ed by adding at the end the following new section (d)(7)(C)(i)(III), for purposes of apply- of such plan year is projected (taking into subclause: ing paragraphs (1) and (4)(B)(ii) for plan account the effect of the amendment) to be ‘‘(IV) SPECIAL RULE FOR 2004 AND 2005.—For years beginning in 2002, the current liability at least 75 percent, plan years beginning in 2004 or 2005, notwith- of the plan for the preceding plan year shall ‘‘(ii) the amendment provides for an in- standing subclause (I), the rate of interest be redetermined using 120 as the specified crease in benefits under a formula which is used to determine current liability under percentage determined under subsection not based on a participant’s compensation, this subsection shall be the rate of interest (d)(7)(C)(i)(II).’’. but only if the rate of such increase is not in under subsection (b)(5).’’. (4) PBGC.—Section 4006(a)(3)(E)(iii) of such excess of the contemporaneous rate of in- (3) CONFORMING AMENDMENT.—Section Act (29 U.S.C. 1306(a)(3)(E)(iii)) is amended crease in average wages of participants cov- 412(m)(7) of such Code is amended to read as by adding at the end the following new sub- ered by the amendment, follows: clause: ‘‘(iii) the amendment is required by a col- ‘‘(7) SPECIAL RULE FOR 2002.—In any case in ‘‘(V) In the case of plan years beginning in lective bargaining agreement which is in ef- which the interest rate used to determine 2004 or 2005, the annual yield taken into ac- fect on the date of enactment of this sub- current liability is determined under sub- count under subclause (II) shall be the an- paragraph, or section (l)(7)(C)(i)(III), for purposes of apply- nual yield computed by using the conserv- ‘‘(iv) the amendment is otherwise de- ing paragraphs (1) and (4)(B)(ii) for plan ative long-term corporate bond rate (as de- scribed in subparagraph (A) or (C) of sub- years beginning in 2002, the current liability termined under section 412(b)(5)(B)(ii)(II) of section (f)(2). of the plan for the preceding plan year shall the Internal Revenue Code of 1986) for the be redetermined using 120 percent as the month preceding the month in which the If a plan is amended during any applicable specified percentage determined under sub- plan year begins.’’ plan year in violation of the preceding sen- section (l)(7)(C)(i)(II).’’. (c) EFFECTIVE DATES.— tence, any election under this paragraph (4) LIMITATION ON CERTAIN ASSUMPTIONS.— (1) IN GENERAL.—Except as provided in shall not apply to any applicable plan year Section 415(b)(2)(E)(ii) of such Code is paragraph (2), the amendments made by this ending on or after the date on which such amended by inserting ‘‘, except that in the section shall apply to plan years beginning amendment is adopted. case of plan years beginning in 2004 or 2005, after December 31, 2003. ‘‘(C) APPLICABLE EMPLOYER.—For purposes ‘5.5 percent’ shall be substituted for ‘5 per- (2) LOOKBACK RULES.—For purposes of ap- of this paragraph— cent’ in clause (i)’’ before the period at the plying subsections (l)(9)(B)(ii) and (m)(1) of ‘‘(i) IN GENERAL.—The term ‘applicable em- end. section 412 of the Internal Revenue Code of ployer’ means an employer which is— (5) ELECTION TO DISREGARD MODIFICATION 1986, and subsections (d)(9)(B)(ii) and (e)(1) of ‘‘(I) a commercial passenger airline, FOR DEDUCTION PURPOSES.—Section 404(a)(1) section 302 of the Employee Retirement In- ‘‘(II) primarily engaged in the production of such Code is amended by adding at the end come Security Act of 1974 to plan years be- or manufacture of a steel mill product, or the following new subparagraph: ginning after December 31, 2003, the amend- ‘‘(III) an organization described in section ‘‘(F) ELECTION TO DISREGARD MODIFIED IN- ments made by this section may be applied 501(c)(5) and which established the plan to TEREST RATE.—An employer may elect to dis- as if such amendments had been in effect for which this paragraph applies on June 30, regard subsections (b)(5)(B)(ii)(II) and all years beginning before such date. 1955. (l)(7)(C)(i) of section 412 solely for purposes (3) TRANSITION RULE FOR SECTION 415 LIMI- ‘‘(ii) OTHER EMPLOYERS MAY APPLY FOR RE- of determining the interest rate used in cal- TATION.—In the case of any participant or LIEF.— culating the maximum amount of the deduc- beneficiary receiving a distribution after De- ‘‘(I) IN GENERAL.—Except as provided in tion allowable under this section for con- cember 31, 2003 and before January 1, 2005, subclause (II), an employer other than an tributions to a plan to which such sub- the amount payable under any form of ben- employer described in clause (i) shall be sections apply.’’ efit subject to section 417(b)(3) of the Inter- treated as an applicable employer if the em- (b) EMPLOYEE RETIREMENT INCOME SECU- nal Revenue Code of 1986 and subject to ad- ployer files an application (at such time and RITY ACT OF 1974.— justment under section 415(b)(2)(B) of such in such manner as the Secretary may pre- (1) DETERMINATION OF PERMISSIBLE Code shall not, solely by reason of the scribe) to be treated as an applicable em- RANGE.— amendment made by subsection (a)(4), be ployer for purposes of this paragraph. (A) IN GENERAL.—Section 302(b)(5)(B)(ii) of less than the amount that would have been ‘‘(II) EXCEPTION.—Subclause (I) shall not the Employee Retirement Income Security so payable had the amount payable been de- apply to an employer if, within 90 days of the Act of 1974 (29 U.S.C. 1082(b)(5)(B)(ii)) is termined using the applicable interest rate filing of the application, the Secretary deter- amended— in effect as of the last day of the last plan mines (taking into account the application (i) in subclause (I), by inserting ‘‘or (III)’’ year beginning before January 1, 2004. of this paragraph) that there is a reasonable after ‘‘subclause (II)’’; SEC. 3. ELECTION OF ALTERNATIVE DEFICIT RE- likelihood that the employer will be unable (ii) by redesignating subclause (II) as sub- DUCTION CONTRIBUTION. to make future required contributions to the clause (III); (a) AMENDMENT OF 1986 CODE.—Section plan in a timely manner. (iii) by inserting after subclause (I) the fol- 412(l) of the Internal Revenue Code of 1986 ‘‘(D) APPLICABLE PLAN YEAR.—For purposes lowing new subclause: (relating to applicability of subsection) is of this paragraph— ‘‘(II) SPECIAL RULE FOR YEARS 2004 AND amended by adding at the end the following ‘‘(i) IN GENERAL.—The term ‘applicable 2005.—In the case of plan years beginning in new paragraph: plan year’ means any plan year beginning 2004 or 2005, the term ‘permissible range’ ‘‘(12) ALTERNATIVE INCREASE FOR CERTAIN after December 27, 2003, and before December means a rate of interest which is not above, PLANS MEETING REQUIREMENTS IN 2000.— 28, 2005, for which the employer elects the and not more than 10 percent below, the ‘‘(A) IN GENERAL.—In the case of a defined application of this paragraph. weighted average of the conservative long- benefit plan established and maintained by ‘‘(ii) LIMITATION ON NUMBER OF YEARS WHICH term corporate bond rates (as determined an applicable employer, if this subsection did MAY BE ELECTED.—An election may not be under section 412(b)(5)(B)(ii)(II) of the Inter- not apply to the plan for the plan year begin- made under this paragraph with respect to nal Revenue Code of 1986) during the 4-year ning in 2000 (determined without regard to more than 2 plan years. period ending on the last day before the be- paragraph (6)), then, at the election of the ‘‘(E) ELECTION.—An election under this ginning of the plan year.’’; and employer, the increased amount under para- paragraph shall be made at such time and in

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S195 such manner as the Secretary may pre- Treasury determines (taking into account nating subsection (d) as subsection (e) and by scribe.’’ the application of this paragraph) that there inserting after subsection (c) the following (b) AMENDMENT OF ERISA.—Section 302(d) is a reasonable likelihood that the employer new subsection: of the Employee Retirement Income Secu- will be unable to make future required con- ‘‘(d) MULTIEMPLOYER DEFINED BENEFIT rity Act of 1974 (29 U.S.C. 1082(d)) is amended tributions to the plan in a timely manner. PLAN FUNDING NOTICES.— by adding at the end the following new para- ‘‘(D) APPLICABLE PLAN YEAR.—For purposes ‘‘(1) IN GENERAL.—The administrator of a graph: of this paragraph— defined benefit plan which is a multiem- ‘‘(12) ALTERNATIVE INCREASE FOR CERTAIN ‘‘(i) IN GENERAL.—The term ‘applicable ployer plan shall for each plan year provide PLANS MEETING REQUIREMENTS IN 2000.— plan year’ means any plan year beginning a plan funding notice to each plan partici- ‘‘(A) IN GENERAL.—In the case of a defined after December 27, 2003, and before December pant and beneficiary, to each labor organiza- benefit plan established and maintained by 28, 2005, for which the employer elects the tion representing such participants or bene- an applicable employer, if this subsection did application of this paragraph. ficiaries, and to each employer that has an not apply to the plan for the plan year begin- ‘‘(ii) LIMITATION ON NUMBER OF YEARS WHICH obligation to contribute under the plan. ning in 2000 (determined without regard to MAY BE ELECTED.—An election may not be ‘‘(2) INFORMATION CONTAINED IN NOTICES.— paragraph (6)), then, at the election of the made under this paragraph with respect to ‘‘(A) IDENTIFYING INFORMATION.—Each no- employer, the increased amount under para- more than 2 plan years. tice required under paragraph (1) shall con- graph (1) for any applicable plan year shall ‘‘(E) NOTICE REQUIREMENTS FOR PLANS tain identifying information, including the be the greater of— ELECTING ALTERNATIVE DEFICIT REDUCTION name of the plan, the address and phone ‘‘(i) 20 percent (40 percent in the case of an CONTRIBUTIONS.— number of the plan administrator and the applicable plan year beginning after Decem- ‘‘(i) IN GENERAL.—If an employer elects an plan’s principal administrative officer, each ber 27, 2004) of the increased amount under alternative deficit reduction contribution plan sponsor’s employer identification num- paragraph (1) determined without regard to under this paragraph and section 412(l)(12) of ber, and the plan number of the plan. this paragraph, or the Internal Revenue Code of 1986 for any ‘‘(B) SPECIFIC INFORMATION.—A plan fund- ‘‘(ii) the increased amount which would be year, the employer shall provide, within 30 ing notice under paragraph (1) shall in- determined under paragraph (1) if the deficit days (120 days in the case of an employer de- clude— reduction contribution under paragraph (2) scribed in subparagraph (C)(ii)) of filing the ‘‘(i) a statement as to whether the plan’s for the applicable plan year were determined election for such year, written notice of the funded current liability percentage (as de- without regard to subparagraphs (A), (B), election to participants and beneficiaries fined in section 302(d)(8)(B)) for the plan year and (D) of paragraph (2). and to the Pension Benefit Guaranty Cor- to which the notice relates is at least 100 ‘‘(B) RESTRICTIONS ON BENEFIT INCREASES.— poration. percent (and, if not, the actual percentage); No amendment which increases the liabil- ‘‘(ii) NOTICE TO PARTICIPANTS AND BENE- ‘‘(ii) a statement of the value of the plan’s ities of the plan by reason of any increase in FICIARIES.—The notice under clause (i) to assets, the amount of benefit payments, and benefits, any change in the accrual of bene- participants and beneficiaries shall include the ratio of the assets to the payments for fits, or any change in the rate at which bene- with respect to any election— the plan year to which the report relates; fits become nonforfeitable under the plan ‘‘(I) the due date of the alternative deficit ‘‘(iii) a summary of the rules governing in- shall be adopted during any applicable plan reduction contribution and the amount by solvent multiemployer plans, including the year, unless— which such contribution was reduced from limitations on benefit payments and any po- ‘‘(i) the funded current liability percentage the amount which would have been owed if tential benefit reductions and suspensions (as defined in paragraph (8)(B)) as of the end the election were not made, and (and the potential effects of such limita- of such plan year is projected (taking into ‘‘(II) a description of the benefits under the tions, reductions, and suspensions on the account the effect of the amendment) to be plan which are eligible to be guaranteed by plan); and at least 75 percent, the Pension Benefit Guaranty Corporation ‘‘(iv) a general description of the benefits ‘‘(ii) the amendment provides for an in- and an explanation of the limitations on the under the plan which are eligible to be guar- crease in benefits under a formula which is guarantee and the circumstances under anteed by the Pension Benefit Guaranty Cor- not based on a participant’s compensation, which such limitations apply, including the poration, along with an explanation of the but only if the rate of such increase is not in maximum guaranteed monthly benefits limitations on the guarantee and the cir- excess of the contemporaneous rate of in- which the Pension Benefit Guaranty Cor- cumstances under which such limitations crease in average wages of participants cov- poration would pay if the plan terminated apply. ered by the amendment, while underfunded. ‘‘(C) OTHER INFORMATION.—Each notice ‘‘(iii) the amendment is required by a col- ‘‘(iii) NOTICE TO PBGC.—The notice under under paragraph (1) shall include any addi- lective bargaining agreement which is in ef- clause (i) to the Pension Benefit Guaranty tional information which the plan adminis- fect on the date of enactment of this sub- Corporation shall include— trator elects to include to the extent not in- paragraph, or ‘‘(I) the information described in clause consistent with regulations prescribed by the ‘‘(iv) the amendment is otherwise de- (ii)(I), Secretary. scribed in subparagraph (A) or (C) of section ‘‘(II) the number of years it will take to re- ‘‘(3) TIME FOR PROVIDING NOTICE.—Any no- 304(b)(2). store the plan to full funding if the employer tice under paragraph (1) shall be provided no If a plan is amended during any applicable only makes the required contributions, and later than two months after the deadline (in- plan year in violation of the preceding sen- ‘‘(III) information as to how the amount by cluding extensions) for filing the annual re- tence, any election under this paragraph which the plan is underfunded compares with port for the plan year to which the notice re- shall not apply to any applicable plan year the capitalization of the employer making lates. ending on or after the date on which such the election. ‘‘(4) FORM AND MANNER.—Any notice under amendment is adopted. ‘‘(F) ELECTION.—An election under this paragraph (1)— ‘‘(C) APPLICABLE EMPLOYER.—For purposes paragraph shall be made at such time and in ‘‘(A) shall be provided in a form and man- of this paragraph— such manner as the Secretary of the Treas- ner prescribed in regulations of the Sec- ‘‘(i) IN GENERAL.—The term ‘applicable em- ury may prescribe.’’ retary, ployer’ means an employer which is— (c) EFFECT OF ELECTION.—An election ‘‘(B) shall be written in a manner so as to ‘‘(I) a commercial passenger airline, under section 412(l)(12) of the Internal Rev- be understood by the average plan partici- ‘‘(II) primarily engaged in the production enue Code of 1986 or section 302(d)(12) of the pant, and Employee Retirement Income Security Act or manufacture of a steel mill product, or ‘‘(C) may be provided in written, elec- of 1974 (as added by this section) with respect ‘‘(III) an organization described in section tronic, or other appropriate form to the ex- to a plan shall not invalidate any obligation 501(c)(5) of the Internal Revenue Code of 1986 tent such form is reasonably accessible to (pursuant to a collective bargaining agree- and which established the plan to which this persons to whom the notice is required to be ment in effect on the date of the election) to provided.’’ paragraph applies on June 30, 1955. provide benefits, to change the accrual of (b) PENALTIES.—Section 502(c)(1) of the ‘‘(ii) OTHER EMPLOYERS MAY APPLY FOR RE- benefits, or to change the rate at which ben- Employee Retirement Income Security Act LIEF.— efits become nonforfeitable under the plan . of 1974 (29 U.S.C. 1132(c)(1)) is amended by ‘‘(I) IN GENERAL.—Except as provided in (d) PENALTY FOR FAILING TO PROVIDE NO- striking ‘‘or section 101(e)(1)’’ and inserting subclause (II), an employer other than an TICE.—Section 502(c)(3) of the Employee Re- employer described in clause (i) shall be tirement Income Security Act of 1974 (29 ‘‘, section 101(e)(1), or section 104(d)’’. treated as an applicable employer if the em- U.S.C. 1132(c)(3)) is amended by inserting ‘‘or (c) REGULATIONS AND MODEL NOTICE.—The ployer files an application (at such time and who fails to meet the requirements of sec- Secretary of Labor shall, not later than 1 in such manner as the Secretary of the tion 302(d)(12)(E) with respect to any partici- year after the date of the enactment of this Treasury may prescribe) to be treated as an pant or beneficiary’’ after ‘‘101(e)(2)’’. Act, issue regulations (including a model no- applicable employer for purposes of this SEC. 4. MULTIEMPLOYER PLAN FUNDING NO- tice) necessary to implement the amend- paragraph. TICES. ments made by this section. ‘‘(II) EXCEPTION.—Subclause (I) shall not (a) IN GENERAL.—Section 104 of the Em- (d) EFFECTIVE DATE.—The amendments apply to an employer if, within 90 days of the ployee Retirement Income Security Act of made by this section shall apply to plan filing of the application, the Secretary of the 1974 (29 U.S.C. 104) is amended by redesig- years beginning after December 31, 2004.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S196 CONGRESSIONAL RECORD — SENATE January 22, 2004 SEC. 5. AMORTIZATION HIATUS FOR NET EXPERI- ferred and the period of the deferral. Such period’ means any period during which the ENCE LOSSES IN MULTIEMPLOYER notice shall also include the maximum guar- amortization of a net experience loss is sus- PLANS. anteed monthly benefits which the Pension pended by reason of this subparagraph. (a) AMENDMENTS TO THE EMPLOYEE RETIRE- Benefit Guaranty Corporation would pay if ‘‘(v) INTEREST ACCRUED DURING HIATUS.—In- MENT INCOME SECURITY ACT OF 1974.— the plan terminated while underfunded. terest accrued on any net experience loss (1) IN GENERAL.—Section 302(b)(7) of the ‘‘(vii) An election under this subparagraph during a hiatus period shall be charged to a Employee Retirement Income Security Act shall be made at such time and in such man- reconciliation account and not to the fund- of 1974 (29 U.S.C.1082(b)(7)) is amended by ner as the Secretary, after consultation with ing standard account. adding at the end the following new subpara- the Secretary of the Treasury, may pre- ‘‘(vi) ELECTION.—An election under this graph: scribe.’’ subparagraph shall be made at such time and ‘‘(F)(i) If a multiemployer plan has a net (2) PENALTY.—Section 502(c)(4) of such Act in such manner as the Secretary of Labor, experience loss for any plan year beginning (29 U.S.C. 1132(c)(4)) is amended to read as after consultation with the Secretary, may after June 30, 2002, and before July 1, 2006— follows: prescribe.’’ ‘‘(I) the plan may elect to have the 15-year ‘‘(4) The Secretary may assess a civil pen- (2) QUALIFICATION REQUIREMENT.—Section amortization period under paragraph alty of not more than $1,000 a day for each 401(a) of such Code is amended by inserting (2)(B)(iv) with respect to the loss begin in violation by any person of section after paragraph (34) the following new para- any plan year selected by the plan from 302(b)(7)(F)(vi).’’ graph: among the 3 immediately succeeding plan years, and (b) AMENDMENTS TO THE INTERNAL REVENUE ‘‘(35) BENEFIT INCREASES IN CERTAIN MULTI- ‘‘(II) if the plan makes an election under CODE OF 1986.— EMPLOYER PLANS.—A trust which is part of a subclause (I) for any plan year, the net expe- (1) IN GENERAL.—Section 412(b)(7) of the In- plan shall not constitute a qualified trust rience loss for the year shall, for purposes of ternal Revenue Code of 1986 (relating to spe- under this section if the plan adopts an determining any charge to the funding cial rules for multiemployer plans) is amend- amendment during a hiatus period (within standard account, or interest, with respect ed by adding at the end the following new the meaning of section 412(b)(7)(F)(iv)) which to the loss, be treated in the same manner as subparagraph: the plan is prohibited from adopting by rea- if it were a net experience loss occurring in ‘‘(F) AMORTIZATION HIATUS.— son of section 412(b)(7)(F)(ii).’’. the year selected by the plan under sub- ‘‘(i) IN GENERAL.—If a multiemployer plan SEC. 6. 2-YEAR EXTENSION OF TRANSITION RULE clause (I) (without regard to any net experi- has a net experience loss for any plan year TO PENSION FUNDING REQUIRE- MENTS. ence loss or gain otherwise determined for beginning after June 30, 2002, and before July (a) IN GENERAL.—Section 769(c) of the Re- such year). 1, 2006— ‘‘(I) the plan may elect to have the 15-year tirement Protection Act of 1994, as added by Notwithstanding the preceding sentence, a amortization period under paragraph section 1508 of the Taxpayer Relief Act of plan may elect to have this subparagraph (2)(B)(iv) with respect to the loss begin in 1997, is amended— apply to net experience losses for only 2 plan any plan year selected by the plan from (1) by inserting ‘‘except as provided in years beginning after June 30, 2002, and be- among the 3 immediately succeeding plan paragraph (3),’’ before ‘‘the transition rules’’, fore July 1, 2006. years, and and ‘‘(ii) An amendment which increases the li- ‘‘(II) if the plan makes an election under (2) by adding at the end the following: abilities of the plan by reason of any in- subclause (I) for any plan year, the net expe- ‘‘(3) SPECIAL RULES.—In the case of plan crease in benefits, any change in the accrual rience loss for the year shall, for purposes of years beginning in 2004 and 2005, the fol- of benefits, or any change in the rate at lowing transition rules shall apply in lieu of which benefits become nonforfeitable under determining any charge to the funding standard account, or interest, with respect the transition rules described in paragraph the plan shall not take effect for any plan (2): year in the hiatus period, unless— to the loss, be treated in the same manner as if it were a net experience loss occurring in ‘‘(A) For purposes of section 412(l)(9)(A) of ‘‘(I) the funded current liability percentage the Internal Revenue Code of 1986 and sec- (as defined in subsection (d)(8)(B)) as of the the year selected by the plan under sub- clause (I) (without regard to any net experi- tion 302(d)(9)(A) of the Employee Retirement end of the plan year is projected (taking into Income Security Act of 1974, the funded cur- account the effect of the amendment) to be ence loss or gain otherwise determined for such year). rent liability percentage for any plan year at least 75 percent, shall be treated as not less than 90 percent. ‘‘(II) the plan’s actuary certifies that, due Notwithstanding the preceding sentence, a ‘‘(B) For purposes of section 412(m) of the to an increase in contribution rates, the nor- plan may elect to have this subparagraph Internal Revenue Code of 1986 and section mal cost attributable to the benefit increase apply to net experience losses for only 2 plan 302(e) of the Employee Retirement Income or other change is expected to be fully fund- years beginning after June 30, 2002, and be- Security Act of 1974, the funded current li- ed in the year following the year the in- fore July 1, 2006. ability percentage for any plan year shall be crease or other change takes effect, and any ‘‘(ii) RESTRICTIONS ON BENEFIT INCREASES.— treated as not less than 100 percent. increase in the plan’s accrued liabilities at- An amendment which increases the liabil- ‘‘(C) For purposes of determining unfunded tributable to the benefit increase or other ities of the plan by reason of any increase in vested benefits under section 4006(a)(3)(E)(iii) change is expected to be fully funded by the benefits, any change in the accrual of bene- of the Employee Retirement Income Secu- end of the third plan year following the end fits, or any change in the rate at which bene- rity Act of 1974, the mortality table shall be of the last hiatus period of the plan, or fits become nonforfeitable under the plan the mortality table used by the plan.’’ ‘‘(III) the plan amendment is otherwise de- shall not take effect for any plan year in the (b) EFFECTIVE DATE.—The amendments scribed in subparagraph (A) or (C) of section hiatus period, unless— made by this section shall apply to plan 304(b)(2). ‘‘(I) the funded current liability percentage years beginning after December 31, 2003. ‘‘(iii) Clause (ii) shall not apply to an in- (as defined in subsection (l)(8)(B)) as of the SEC. 7. PROCEDURES APPLICABLE TO DISPUTES crease in benefits for a group of participants end of the plan year is projected (taking into INVOLVING PENSION PLAN WITH- resulting solely from a collectively bar- account the effect of the amendment) to be DRAWAL LIABILITY. gained increase in the contributions made on at least 75 percent, (a) IN GENERAL.—Section 4221 of the Em- their behalf. ‘‘(II) the plan’s actuary certifies that, due ployee Retirement Income Security Act of ‘‘(iv) For purposes of this subparagraph, to an increase in contribution rates, the nor- 1974 (29 U.S.C. 1401) is amended by adding at the term ‘hiatus period’ means any period mal cost attributable to the benefit increase the end the following new subsection: during which the amortization of a net expe- or other change is expected to be fully fund- ‘‘(f) PROCEDURES APPLICABLE TO CERTAIN rience loss is suspended by reason of this ed in the year following the year in which DISPUTES.— subparagraph. the increase or other change takes effect, ‘‘(1) IN GENERAL.—If— ‘‘(v) Interest accrued on any net experience and any increase in the plan’s accrued liabil- ‘‘(A) a plan sponsor of a plan determines loss during a hiatus period shall be charged ities attributable to the benefit increase or that— to a reconciliation account and not to the other change is expected to be fully funded ‘‘(i) a complete or partial withdrawal of an funding standard account. by the end of the third plan year following employer has occurred, or ‘‘(vi) If a plan elects an amortization hia- the end of the last hiatus period of the plan, ‘‘(ii) an employer is liable for withdrawal tus under this subparagraph and section or liability payments with respect to the com- 412(b)(7)(F) of the Internal Revenue Code of ‘‘(III) the plan amendment is otherwise de- plete or partial withdrawal of an employer 1986 for any plan year, the plan adminis- scribed in subparagraph (A) or (C) of sub- from the plan, trator shall provide, within 30 days of filing section (f)(2). ‘‘(B) such determination is based in whole the election for such year, written notice of ‘‘(iii) COLLECTIVELY BARGAINED INCREASES or in part on a finding by the plan sponsor the election to participants and bene- IN CONTRIBUTIONS.—Clause (ii) shall not apply under section 4212(c) that a principal purpose ficiaries, to each labor organization rep- to an increase in benefits for a group of par- of a transaction that occurred before Janu- resenting such participants or beneficiaries, ticipants resulting solely from a collectively ary 1, 1999, was to evade or avoid withdrawal and to each employer that has an obligation bargained increase in the contributions liability under this subtitle, and to contribute under the plan. Such notice made on their behalf. ‘‘(C) such transaction occurred at least 5 shall include with respect to any election the ‘‘(iv) HIATUS PERIOD DEFINED.—For pur- years before the date of the complete or par- amount of the net experience loss to be de- poses of this subparagraph, the term ‘hiatus tial withdrawal,

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 22, 2004 CONGRESSIONAL RECORD — SENATE S197 then the special rules under paragraph (2) AUTHORITY FOR COMMITTEES TO The President delivered his State of shall be used in applying subsections (a) and MEET the Union Address Tuesday night, (d) of this section and section 4219(c) to the COMMITTEE ON ARMED SERVICES which is always an uplifting experience employer. for all who have the opportunity to ‘‘(2) SPECIAL RULES.— Mr. LOTT. Mr. President, I ask unan- participate directly. And very much I ‘‘(A) DETERMINATION.—Notwithstanding imous consent that the Committee on subsection (a)(3)— Armed Services be authorized to meet express my appreciation for his very ‘‘(i) a determination by the plan sponsor during the session of the Senate on positive, constructive message as we under paragraph (1)(B) shall not be presumed January 22, 2004, at 9:30 a.m., in closed all work together to move this country to be correct, and forward. Indeed, as the President said, ‘‘(ii) the plan sponsor shall have the burden session to receive a classified oper- ations/intelligence briefing regarding the state of the Union is strong, and it to establish, by a preponderance of the evi- is confident. dence, the elements of the claim under sec- ongoing military activities in Iraq and tion 4212(c) that a principal purpose of the Afghanistan, as well as other areas of Today we were able to finish our ap- transaction was to evade or avoid with- interest. propriations work for this fiscal year, drawal liability under this subtitle. The PRESIDING OFFICER. Without really the unfinished business for last Nothing in this subparagraph shall affect the objection, it is so ordered. year. It took a strong, bipartisan vote of 65 to 28. And with that, we adopted burden of establishing any other element of COMMITTEE ON THE JUDICIARY a claim for withdrawal liability under this the Omnibus appropriations conference Mr. LOTT. Mr. President, I ask unan- subtitle. report, which will allow us to proceed imous consent that the Committee on ‘‘(B) PROCEDURE.—Notwithstanding sub- to a regular order for this upcoming section (d) and section 4219(c), if an employer the Judiciary be authorized to meet to fiscal year. conduct a hearing on Thursday, Janu- contests the plan sponsor’s determination In a few moments we will be consid- under paragraph (1) through an arbitration ary 22, 2004, at 10 a.m., on ‘‘Judicial ering and confirming several executive proceeding pursuant to subsection (a), or Nominations,’’ in the Dirksen Senate nominations. We have been working on through a claim brought in a court of com- Office Building Room 226. that over the course of this afternoon. petent jurisdiction, the employer shall not Panel I: Senators. be obligated to make any withdrawal liabil- We will continue to discuss further Panel II: Raymond W. Gruender to be ity payments until a final decision in the ar- nominations tomorrow, and I am very United States Circuit Judge for the bitration proceeding, or in court, upholds the hopeful we will have a number of other Eighth Circuit. plan sponsor’s determination.’’. nominations to be approved tomorrow. Panel III: Ricardo S. Martinez to be (b) EFFECTIVE DATE.—The amendments I am personally appreciative and glad made by this section shall apply to any em- United States District Judge for the we have been able to continue this ployer that receives a notification under sec- Western District of Washington, Gene process. It is important for us to con- tion 4219(b)(1) of the Employee Retirement E.K. Pratter to be United States Dis- tinue that work and bring these nomi- Income Security Act of 1974 (29 U.S.C. trict Judge for the Eastern District of 1399(b)(1)) after October 31, 2003. nations forward as soon as they are Pennsylvania, Neil Vincent Wake to be available. SA 2234. Mr. KYL proposed an United States District Judge for the District of Arizona. amendment to amendment SA 2233 pro- f posed by Mr. GRASSLEY (for himself, The PRESIDING OFFICER. Without Mr. BAUCUS, Mr. GREGG, and Mr. KEN- objection, it is so ordered. EXECUTIVE SESSION NEDY) to the bill H.R. 3108, to amend SELECT COMMITTEE ON INTELLIGENCE the Employee Retirement Income Se- Mr. LOTT. Mr. President, I ask unan- curity Act of 1974 and the Internal Rev- imous consent that the Select Com- enue Code of 1986 to temporarily re- mittee on Intelligence be authorized to EXECUTIVE CALENDAR place the 30-year Treasury rate with a meet during the session of the Senate rate based on long-term corporate on January 22, 2004 at 2:30 p.m. to hold Mr. FRIST. Madam President, I ask bonds for certain pension plan funding a closed hearing on Intelligence Mat- unanimous consent that the Senate im- requirements and other provisions, and ters. mediately proceed to executive session for other purposes; as follows: The PRESIDING OFFICER. Without to consider the following nominations objection, it is so ordered. on today’s Executive Calendar: Cal- At the end of section 3, insert: endar Nos. 511, 512, 513. I further ask (ll) LIMITATIONS ON PBGC LIABILITY FOR f PLANS TO WHICH ALTERNATIVE DEFICIT RE- unanimous consent that the nomina- DUCTION CONTRIBUTION APPLIES.— PRIVILEGES OF THE FLOOR tions be confirmed en bloc, the motions (1) IN GENERAL.—If a plan with respect to Mr. GRASSLEY. Mr. President, I ask to reconsider be laid upon the table, which an election under section 412(l)(12) of unanimous consent that Kathleen and the President be immediately noti- the Internal Revenue Code or section West, a fellow on the Finance Com- fied of the Senate’s action. 302(d)(12) of the Employee Retirement In- mittee staff, be permitted access to the The PRESIDING OFFICER. Without come Security Act of 1974 (as added by this objection, it is so ordered. section) is made terminates during the appli- floor during debate on the Pension cable period, the maximum guarantee limi- Funding Equity Act. The nominations considered and con- tation under section 4022(b)(3) of such Act, The PRESIDING OFFICER. Without firmed en bloc are as follows: and the phase-in rate of benefit increases objection, it is so ordered. DEPARTMENT OF VETERANS AFFAIRS under paragraph (5) or (7) of section 4022(b) of Mr. GRASSLEY. Mr. President, I ask Cynthia R. Church, of Virginia, to be an such Act, shall be the limitation and rates unanimous consent that people on Sen- Assistant Secretary of Veterans Affairs determined as if the plan terminated on the ator BAUCUS’s staff, Jane Bergeson, (Public and Intergovernmental Affairs). day before the first day of the applicable pe- Simon Chabel, and Trace Thaxton, in- Robert N. McFarland, of Texas, to be an riod. terns with the Finance Committee, be Assistant Secretary of Veterans Affairs (In- (2) APPLICABLE PERIOD.—For purposes of formation and Technology). paragraph (1), the term ‘‘applicable period’’ granted the privilege of the floor for Gordon H. Mansfield, of Virginia, to be means, with respect to any plan, the period— the remainder of the debate on H.R. Deputy Secretary of Veterans Affairs. (A) beginning on the first day of the first 3108, the 30-year Treasury bill. applicable plan year with respect to the plan, The PRESIDING OFFICER. Without NOMINATION DISCHARGED and objection, it is so ordered. Mr. FRIST. Madam President, I ask (B) ending on the last day of the second f unanimous consent that the nomina- plan year following the last applicable plan tion of James C. Miller III, PN99, be year with respect to the plan. THE SENATE WEEK discharged from the Governmental Af- For purposes of this paragraph, the term Mr. FRIST. Madam President, I take fairs Committee, returned to the Presi- ‘‘applicable plan year’’ has the meaning a minute and again welcome everyone dent, and the Senate then resume legis- given such term by section 412(l)(12) of the Internal Revenue Code of 1986 and section back for this second session, this being lative session. 302(d)(12) of the Employee Retirement In- close to completion of the first week. The PRESIDING OFFICER. Is there come Security Act of 1974 (as added by this We have had a very good and produc- objection? section). tive week in the Senate. Without objection, it is so ordered.

VerDate Mar 15 2010 22:20 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4637 Sfmt 0634 E:\2004SENATE\S22JA4.REC S22JA4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S198 CONGRESSIONAL RECORD — SENATE January 22, 2004 LEGISLATIVE SESSION this is a long tradition of the Congress It is our intention to finish the legis- The PRESIDING OFFICER. Under to have these young people helping us. lation Tuesday or Wednesday of next the previous order, the Senate will now We could not make it without them. week. return to legislative session. The PRESIDING OFFICER. The ma- f jority leader. f Mr. FRIST. Madam President, I ADJOURNMENT UNTIL 9:30 A.M. ORDERS FOR FRIDAY, JANUARY would like to reinforce what the assist- TOMORROW 23, 2004 ant Democratic leader just said in that Mr. FRIST. Madam President, if the Mr. FRIST. Madam President, I ask the operation of this body is dependent assistant Democratic leader has no fur- unanimous consent that when the Sen- on the boys and girls who are here with ther comment and if there is no further ate completes its business today, it ad- us. We don’t have that opportunity business to come before the Senate, I journ until 9:30 a.m., Friday, January very often to publicly say thank you. ask unanimous consent that the Sen- 23. I further ask consent that following It is important to do that. I will have ate stand in adjournment under the the prayer and pledge, the morning the opportunity tomorrow to briefly previous order. hour be deemed expired, the Journal of thank them and their parents and fam- There being no objection, the Senate, proceedings be approved to date, the ily members who will be here. at 6:20 p.m., adjourned until Friday, I will simply add to what the assist- time for the two leaders be reserved for January 23, 2004, at 9:30 a.m. ant leader has said: It is a lot of hard their use later in the day, and the Sen- work being a page. We are here a lot of f ate then begin a period of morning hours in the day. Tonight is a reason- business, with Senators permitted to NOMINATIONS able time to get out, 6:20. We start speak for up to 10 minutes each. early in the morning at 9:30. That is Executive nominations received by The PRESIDING OFFICER. The Sen- hard work. On top of that, they are the Senate January 22, 2004: ator from Nevada. going to school. So they are putting in EXECUTIVE OFFICE OF THE PRESIDENT THANKING THE PAGES hours every day and at the same time DAVID SAFAVIAN, OF MICHIGAN, TO BE ADMINIS- Mr. REID. Reserving the right to ob- carrying a heavy workload in high TRATOR FOR FEDERAL PROCUREMENT POLICY, VICE AN- ject, Madam President, we have had a GELA STYLES. school. At the same time they are here IN THE COAST GUARD very difficult year that has just been and working, they realize later tonight completed. The majority leader and THE FOLLOWING NAMED OFFICER FOR APPOINTMENT they will be doing homework, class TO THE GRADE INDICATED IN THE UNITED STATES those of us who have the honor of serv- work. It is pretty remarkable that they COAST GUARD RESERVE UNDER TITLE 10, U.S.C., SECTION 12203(A): ing in the Senate have our names ap- are here all day allowing us to carry on To be captain pear in print, we are on television, and the Nation’s business and facilitating people see and know what we do. But that and helping in ways that, if they LARRY L. JONES, 0000 the one reason for our success is these were not here, this would not be pos- IN THE AIR FORCE wonderful pages. I have served now sible, or it would take longer and be a THE FOLLOWING NAMED OFFICER FOR APPOINTMENT going on 22 years in the Congress, and lot less efficient, and at the same time TO THE GRADE INDICATED IN THE RESERVE OF THE AIR they are just part of our lives. We take FORCE UNDER TITLE 10, U.S.C., SECTION 12203: they are committing the time and the To be colonel them for granted. They do the most energy and hard work to education, VINCENT T. JONES, 0000 menial things but which are so mean- which is a big subject on the floor all ingful to us. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the time as we work. TO THE GRADE INDICATED IN THE RESERVE OF THE AIR For example, a lot of times I have It leads me to say thank you. We all FORCE UNDER TITLE 10, U.S.C., SECTION 12203: meetings in Senator DASCHLE’s office. have tremendous respect for you. It has To be colonel My office is up on the third floor. been a hard 5 months. We know that. RICHARD H. VILLA, 0000 These pages have taken my briefcase We thank you for that. The curriculum THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT upstairs 50 times. They bring us water. itself is fascinating here because at the TO THE GRADE INDICATED IN THE RESERVE OF THE AIR They make sure the people at the desk FORCE UNDER TITLE 10, U.S.C., SECTION 12203: same time they are learning from great To be colonel have the right amendment. They do so teachers through the Senate in terms many things that make us look good, ROBERT J. BERNARD, 0000 of formal education, they are picking WILLIAM A. BLANCHETTE, 0000 and they get no honor or glory for up what makes this great democracy DEBORA K. ESQUE, 0000 doing this. ALLEN F. GILBAR, 0000 the shining light that it is for the JAMES T. PATTERSON, 0000 These pages are juniors in high world. ROBERT A. SOUSA, 0000 school. They are going to graduate. Mr. REID. No objection. OBA L. VINCENT, 0000 The reason I mention this is that they The PRESIDING OFFICER. Without THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE AIR are graduating in the morning and we objection, it is so ordered. FORCE UNDER TITLE 10, U.S.C., SECTION 12203: likely, Mr. Leader, will never see these f To be colonel young people again. Some of them we will, maybe. PROGRAM HARRIS H. BROOKS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT But over the years, as I have indi- Mr. FRIST. Tomorrow morning the TO THE GRADE INDICATED IN THE RESERVE OF THE AIR cated, I have developed such a great af- Senate will be in a period of morning FORCE UNDER TITLE 10, U.S.C., SECTION 12203: fection for these wonderful young men business. We will not have rollcall To be colonel and women. They sit on different sides votes during tomorrow’s session. Mem- PAULA C. GOULD, 0000 RICHARD W. KLEPERIS, 0000 of the rostrum: Democrats here, Re- bers who wish to speak to the pending CALVIN R. LOTT JR., 0000 publicans here. But to us they are just bill, the pension bill, are encouraged to MARK A. SCHULER, 0000 ROBERT R. SINGLETON, 0000 wonderful young people, and they are do so. We want to continue to make GERT J. P. VISSER, 0000 representative of what our country is progress on that important bill, and we JOHN J. WINKOPP III, 0000 all about. do ask that they come to the floor to THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE AIR We are here doing the Nation’s busi- continue that debate tomorrow. FORCE UNDER TITLE 10, U.S.C., SECTION 12203: ness and these young people represent We will resume consideration of that To be colonel the future. I want each of these young legislation on Monday to allow Mem- JEFFREY S. ALDERFER, 0000 people to know, even though they get bers to offer their amendments. How- KEITH AMBURGEY, 0000 none of the glory, how essential they ever, it is my intent to stack votes on NORMAN C. ANDERSON, 0000 JERRY W. ANGUS, 0000 are to the running of this institution. those amendments on Tuesday. There- JEFFREY C. ARMSTRONG, 0000 I know the leader joins me, and I fore, to clarify statements made earlier ROBERT S. ARTHUR, 0000 LYNN A. ASPEGREN, 0000 know he will be a speaker in the morn- today, we will have no rollcall votes on AUDREY A. BAHLER, 0000 ing at their graduation. Monday. Again, I encourage Senators WILLIAM E. BAIRD JR., 0000 JEFFREY K. BARNSON, 0000 There are just a few people there. to be available for the consideration of HAL K. BIRD, 0000 Here there are people watching. I want their amendments on that day, con- CHARLES F. BOIVIN II, 0000 ALAN J. BOYKIN, 0000 them to know all over the country that tinuing the progress on this bill. MARGARET A. BRADLEY, 0000

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MICHAEL T. BRANHAM, 0000 MICHAEL N. PIERCE, 0000 COLONEL EDWARD F. CROWELL, 0000 MICHAEL J. BRILL, 0000 JACK H. PITTMAN JR., 0000 COLONEL ANITA R. GALLENTINE, 0000 ROBERT F. II BRITTON, 0000 KEVIN E. POTTINGER, 0000 COLONEL STEPHEN P. GROSS, 0000 HERBERT L. BROWN JR., 0000 CHARLES A. PUGH, 0000 COLONEL ELAINE L. KNIGHT, 0000 HERBERT T. BROWN, 0000 WILLIAM V. RANDALL II, 0000 COLONEL CHARLES L. O’TOOLE JR., 0000 MICHAEL A. BUNCH, 0000 ROBERT R. REDWINE, 0000 COLONEL FRANK J. PADILLA, 0000 DEBORAH D. BUONASSISI, 0000 CARL D. REHBERG, 0000 COLONEL LOREN S. PERLSTEIN, 0000 DOUGLAS H. CASANOVA, 0000 JOHN A. RICE JR., 0000 COLONEL CHARLES E. REED JR., 0000 ELIO J. CASTELLANO, 0000 PEDRO RIVAS, 0000 COLONEL NEIL A. ROHAN, 0000 MICHAEL D. CHAMPNESS, 0000 KAREN ANN RIZZUTI, 0000 COLONEL JAMES T. RUBEOR, 0000 CLAYTON W. CHILDS, 0000 ANDREW C. ROBERTS, 0000 COLONEL RICHARD R. SEVERSON, 0000 KLESA J. CHRISTIAN, 0000 RUTH E. ROBINS, 0000 COLONEL MICHAEL N. WILSON, 0000 CHARLES R. COGHLIN JR., 0000 NANCY C. ROBINSON, 0000 KATHLEEN A. COSAND, 0000 MARK A. RODRIGUEZ, 0000 IN THE ARMY MICHAEL J. COUGHLAN, 0000 JEFFREY A. RODSETH, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT VIRL E. CROUSE, 0000 JANE C. ROHR, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY HENRY R. DARIENZO, 0000 MARK A. RONCO, 0000 UNDER TITLE 10, U.S.C., SECTION 624: STEPHEN J. DEWERFF, 0000 PATRICIA A. ROSE, 0000 GORDON R. DEXTER, 0000 JOSEPH H. ROY, 0000 To be colonel PEGGY A. DIONNE, 0000 DONALD E. RYAN JR., 0000 FRANKLIN J. DOLCATER, 0000 JAMES G. SALE, 0000 THOMAS M. BESCH, 0000 ROBERT K. DOWNEY, 0000 STEVEN SCAGLIONE, 0000 ROBERT B. BILLINGTON, 0000 MICHAEL B. DUNN, 0000 WILLIAM F. SCHAUFFERT, 0000 ARIE D. BOGAARD, 0000 ALEXANDER M. EARLE JR., 0000 REINHARD L. SCHMIDT, 0000 JAMES S. BRISTOW, 0000 MICHAEL J. EDWARDS, 0000 ANNA M. SCHULTE, 0000 JOSEPH D. BROWN, 0000 ANNA EIKELBARNER, 0000 KENNETH E. SEGUIN, 0000 PAUL T. CALBOS, 0000 KARL L. ELDERS, 0000 JOCELYN M. SENG, 0000 MARK B. CHAKWIN, 0000 GORDON H. ELWELL JR., 0000 KIRK V. SHARP, 0000 GREGORY T. CHASTEEN, 0000 CAROLINE B. EVERNHAM, 0000 LINDA G. SHEPARD, 0000 JOHN E. CHERE JR., 0000 SCOTT L. FAHSHOLTZ, 0000 JOHN H. SHIVEL II, 0000 JOHN V. CHRISTIAN, 0000 CATHERINE A. FAIRLIE, 0000 JAMES H. SHOENHARD, 0000 THOMAS D. COFFMAN, 0000 KIRK L. FANSHER, 0000 ERIC D. SILLERY, 0000 DAVID A. COOK, 0000 RONALD L. FARRIS, 0000 MICHAEL J. SLONE, 0000 MICHAEL A. CURCI, 0000 GUY C. FOWL, 0000 LONNIE W. SMITH, 0000 DOUGLAS A. DEVER, 0000 GERALYN G. FOX, 0000 PAUL D. SMITH, 0000 NORBERT S. DOYLE JR., 0000 DAVID A. GARCIA, 0000 THOMAS R. SMITH, 0000 MARK C. EASTON, 0000 PAUL D. GEIGER, 0000 MARTHA V. SMYTH, 0000 KENNETH FLOWERS, 0000 KING W. GILLESPIE, 0000 WARREN D. SNELL, 0000 DANIEL J. GALLAGHER, 0000 MARK S. GLIBBERY, 0000 GEORGE A. SPENCER, 0000 MICHAEL E. GARRISON, 0000 STEPHEN D. GOEMAN, 0000 THERON H. STANCIL JR., 0000 JACOB B. HANSEN, 0000 CHRIS E. C. GOGGINS, 0000 COLLEEN G. STEEL, 0000 GALE A. HARRINGTON, 0000 DANIEL J. GRASSICK, 0000 MARK D. STILLWAGON, 0000 DONALD A. HAZELWOOD, 0000 MICHAEL L. GRUMELLI, 0000 PAUL J. SYKES, 0000 RAYMOND C. HODGKINS, 0000 STEPHEN J. HAGEL, 0000 WESTON R. TAYLOR, 0000 JEFFREY S. HOLACHEK, 0000 NORMAN R. HAM JR., 0000 JOHN D. THOMAS, 0000 LARRY D. HOLLINGSWORTH, 0000 EVELYN E. HARRINGTON, 0000 ROXANE TOWNER, 0000 WILLIAM C. HOPPE, 0000 ALFRED D. HAWLEY III, 0000 MICHAEL J. UNDERKOFLER, 0000 DANIEL P. HUGHES, 0000 MARY S. HENDERHAN, 0000 ROGER L. VANCLEAVE, 0000 DAVID E. HUNTERCHESTER, 0000 LONNIE D. HENDRIX, 0000 LARRY W. VANNOY, 0000 LUWANDA F. JONES, 0000 ALICE E. HENK, 0000 LOUIS A. VILLAFANE, 0000 RAYMOND D. JONES, 0000 KATHLEEN A. HIGHTAIAN, 0000 MONA R. M. VOLLMER, 0000 RUSSELL J. KERN, 0000 TERRANCE C. HOLLIDAY, 0000 CHARLES W. F. WADDLE JR., 0000 SCOTT R. KIDD, 0000 JAMES R. HOSEY JR., 0000 LESA M. WAGNER, 0000 OLE A. KNUDSON, 0000 MICHAEL W. HURST, 0000 FAY E. WALDEN, 0000 JOHN L. KOSTER, 0000 ANGELO A. IGLESIAS, 0000 PETER T. WANGLER, 0000 GEORGE D. KUNKEL, 0000 CATHY L. ILER, 0000 DAVID C. WARD, 0000 CRAIG G. LANGHAUSER, 0000 JOSEPH L. ITZ, 0000 RONALD W. WARD, 0000 CARL A. LIPSIT, 0000 ANTHONY D. JOHNSON, 0000 PAUL WATERS, 0000 KEVIN W. MADDEN, 0000 ROBERT D. JOHNSON, 0000 STEPHEN B. WEST, 0000 CATHERINE A. MCNERNEY, 0000 JOHN A. JONES, 0000 MELISSA M. WEYDERT, 0000 CHRISTOPHER M. MILLER, 0000 LYNDA G. KENYON, 0000 HARLEY D. WHITE, 0000 SCOT C. MILLER, 0000 STEVEN L. KETT, 0000 EDWARD T. WHITELEY, 0000 THOMAS J. MILTON, 0000 DONNA M. KETTERLE, 0000 DOUGLAS A. WHITLOW, 0000 EDWARD L. MULLIN, 0000 VIRGIL R. KICKER, 0000 MICHAEL WILK, 0000 PEDRO J. OLIVER, 0000 MICHAEL D. KIM, 0000 JIMMY L. WILSON, 0000 RICHARD K. ORTH, 0000 PAUL W. KIRBY, 0000 MICHAEL L. WILSON, 0000 DEREK J. PAQUETTE, 0000 STEVEN W. KIRKPATRICK, 0000 SUSAN J. WISNOM, 0000 EDWIN W. PASSMORE, 0000 MARK D. KOCH, 0000 HARRY S. WOODSON III, 0000 RICHARD B. PENNYCUICK, 0000 WILLIAM M. KOHNKE, 0000 THEODORE R. WRIGHT, 0000 CHRISTOPHER M. ROSS, 0000 MICHAEL B. KOHUT, 0000 DENNIS W. YAMROSE JR., 0000 RICHARD C. RUNNER JR., 0000 DANIEL KORNACKI, 0000 EDWARD P. YARISH, 0000 ULISES J. SOTO, 0000 JOHN KOTCH, 0000 SANDRA L. YOPE, 0000 DANIEL N. TARTER, 0000 RAYMOND A. KOZAK, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL J. VOGL, 0000 CAROLINE H. KREWSON, 0000 IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- KENNETH A. WHEELER, 0000 VICTOR D. KUCHAR, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 12203: ALBERT S. WILLNER, 0000 KEVIN V. LACY, 0000 ALBERT M. ZACCOR, 0000 CARROLL L. LAMB JR., 0000 To be major general GERARD C. LAUTH JR., 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CAM J. LEBLANC, 0000 BRIGADIER GENERAL RICHARD W. ASH, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY DAVID A. LENGYEL, 0000 BRIGADIER GENERAL RUSSELL C. AXTELL, 0000 UNDER TITLE 10, U.S.C., SECTION 624: RICHARD D. LEPMAN, 0000 BRIGADIER GENERAL JOHN W. CLARK, 0000 To be colonel STEPHEN J. LINSENMEYER JR., 0000 BRIGADIER GENERAL ROGER E. COMBS, 0000 DAVID L. LINT, 0000 BRIGADIER GENERAL THOMAS G. CUTLER, 0000 KENNETH L. ALFORD, 0000 JOHN D. LUNSFORD, 0000 BRIGADIER GENERAL GERALD E. HARMON, 0000 NATHAN A. BUCHHEIT, 0000 MICHAEL L. MALONE, 0000 BRIGADIER GENERAL DAVID K. HARRIS, 0000 BILLY J. BUCKNER, 0000 EFRAIN MARRERO, 0000 BRIGADIER GENERAL GEORGE B. PATRICK III, 0000 FRANKLIN F. CHILDRESS, 0000 RICHARD A. MAUGHMER, 0000 BRIGADIER GENERAL FRED R. SLOAN, 0000 TIMOTHY J. CREAMER, 0000 GERALD C. MAXWELL, 0000 To be brigadier general MARYANN B. CUMMINGS, 0000 PETER C. MAYNARD, 0000 ARCHIE L. DAVIS III, 0000 MARK B. MCCLELLAND, 0000 COLONEL CRAIG E. CAMPBELL, 0000 ERIC W. FATZINGER, 0000 JOSEPH J. MCCOURT, 0000 COLONEL GEORGE N. CLARK JR., 0000 MICHAEL O. GRAY, 0000 LINDA M. MCCOURT, 0000 COLONEL ROBERT M. COCKEY, 0000 THOMAS R. GREGORY, 0000 MAYNARD M. MENDOZA, 0000 COLONEL WILLIAM R. COTNEY, 0000 GARY M. GRIGGS, 0000 CHRISTOPHER T. C. MILLER, 0000 COLONEL NORMAN L. ELLIOTT, 0000 MARK W. HINTON, 0000 DREW MILLER, 0000 COLONEL MICHAEL L. HARDEN, 0000 JAMES P. HOGLE, 0000 JEFFREY T. MINEO, 0000 COLONEL ROBERT D. IRETON, 0000 RICHARD A. HOWARD, 0000 DAVID L. MITCHELL, 0000 COLONEL EMIL LASSEN III, 0000 GARY L. KECK, 0000 JOHN J. MOONEY III, 0000 COLONEL THADDEUS J. MARTIN, 0000 LEE D. LEBLANC, 0000 PATRICK M. MOORE, 0000 COLONEL ROBERT B. NEWMAN, 0000 JOHN A. LUCYNSKI II, 0000 STEPHEN D. MOORE, 0000 COLONEL WILLIAM P. ROBINSON JR., 0000 DENNIS A. OBRIEN, 0000 PETER J. MORELLO, 0000 COLONEL RAYMOND L. WEBSTER, 0000 TIMOTHY F. OHARA, 0000 JOSEPH A. MORGANTI JR., 0000 JOSEPH F. PUETT III, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEITH M. MORLOCK, 0000 JOHN B. SNYDER, 0000 IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- MARILYN R. MORRIS, 0000 MICHAEL A. SPENCER, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 12203: RAYMOND A. MOTES, 0000 TIMOTHY R. TRITCH, 0000 KEVIN L. MUIR, 0000 To be major general GREGORY N. TUBBS, 0000 PHILLIP J. NEELY, 0000 DOUGLAS H. WHEELOCK, 0000 WILLIAM K. NICHOLS, 0000 BRIGADIER GENERAL ROBERT E. DUIGNAN, 0000 JAMES R. YONTS, 0000 PEGGY A. NORELIUS, 0000 BRIGADIER GENERAL MICHAEL K. LYNCH, 0000 THOMAS A. OBRA, 0000 BRIGADIER GENERAL KEITH W. MEURLIN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEVEN L. OSTER, 0000 BRIGADIER GENERAL MARK A. PILLAR, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY EVELIO OTERO JR., 0000 BRIGADIER GENERAL RICHARD D. ROTH, 0000 UNDER TITLE 10, U.S.C., SECTION 624: ANDREW C. PATE, 0000 BRIGADIER GENERAL PETER K. SULLIVAN, 0000 To be colonel DANIEL J. PENDERGAST, 0000 BRIGADIER GENERAL FLOYD C. WILLIAMS, 0000 MURRY G. PETERMAN, 0000 To be brigadier general THOMAS E. BAILEY, 0000 KURT I. PETERSON, 0000 MICHAEL P. BARBERO, 0000 JOHN W. PHARR, 0000 COLONEL ROBERT B. BARTLETT, 0000 WALTER S. BARGE II, 0000

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CRAIG L. BOLLENBERG SR., 0000 GERALD B. DANIELS, 0000 STEPHEN J. MCHUGH, 0000 LESLIE M. BREHM, 0000 ANNE L. DAVIS, 0000 SIDNEY H. MCMANUS III, 0000 THOMAS E. BRYANT, 0000 MARK S. DAVIS, 0000 JOHN T. MCNAMARA JR., 0000 CHARLES C. BUSH, 0000 WINSTON L. DAVIS JR., 0000 LARRY D. MCNEAL, 0000 JILL W. CHAMBERS, 0000 JOSEPH P. DEANTONA, 0000 JOSEPH M. MCNEILL, 0000 THOMAS J. CLEARY III, 0000 ROBERTO L. DELGADO, 0000 TOD D. MELLMAN, 0000 DAVID C. COBURN, 0000 RODERICK G. DEMPS, 0000 MATT R. MERRICK, 0000 DAVID K. COX, 0000 BRANDON F. DENECKE, 0000 JOHN M. METZ, 0000 THOMAS R. FAUPEL, 0000 WAYNE S. DENEFF, 0000 JAMES D. MEYER, 0000 DAVID P. FIELY, 0000 PATRICK DEVINE, 0000 RAYMOND G. MIDKIFF, 0000 RALPH H. GAY III, 0000 JOYCE P. DIMARCO, 0000 KATHERINE N. MILLER, 0000 DAVID M. GILL, 0000 MICHAEL J. DIXON, 0000 WILLIAM P. MILLER, 0000 JERRY A. GLASOW, 0000 DAVID E. DODD, 0000 ZECHARA J. MILLER, 0000 BRYAN S. GODA, 0000 JOHN J. DONOGHUE, 0000 ROBERT J. MONTGOMERY JR., 0000 SCOTT E. HAMPTON, 0000 EDWARD F. DORMAN III, 0000 KEVIN R. MOORE, 0000 JOHN K. HENDRICK, 0000 KAREN A. DOYLE, 0000 WILLIAM H. MORRIS, 0000 THOMAS A. HORLANDER, 0000 VINCENT M. DREYER, 0000 MARK R. MUELLER, 0000 STEVEN B. HORTON, 0000 FLOYD J. DRIVER, 0000 JAMES A. MUSKOPF, 0000 JANET E. JONES, 0000 DAVID E. DUNCAN, 0000 ROBERT R. NAETHING, 0000 THOMAS M. KASTNER, 0000 CARL E. DURHAM, 0000 VANCE J. NANNINI, 0000 CHRIS A. KING, 0000 JOANN Y. EBERLE, 0000 ERIC M. NELSON, 0000 DANIEL M. KLIPPSTEIN, 0000 JOSE R. ENRIQUEZ, 0000 KEVIN G. OCONNELL, 0000 WINSTON E. LEWIS, 0000 DOUGLAS J. EVANS, 0000 MICHAEL P. OKEEFE, 0000 VIDA D. LONGMIRE, 0000 JASON T. EVANS, 0000 ROBERT B. OLIVERAS, 0000 ROBERT M. MCCALEB, 0000 MICHAEL L. EVERETT, 0000 MORTON ORLOV II, 0000 RONALD F. MITCHELL, 0000 KEVIN G. FAGEDES, 0000 TERRENCE L. OSULLIVAN, 0000 JOEL A. MITTELSTAEDT, 0000 BONNIE B. FAUTUA, 0000 BRYAN R. OWENS, 0000 BRUCE MOORE, 0000 TERRY R. FERRELL, 0000 PHILLIP R. PARKER, 0000 BRIAN E. MORETTI, 0000 MARK F. FIELDS, 0000 JAMES F. PASQUARETTE, 0000 MATTHEW MOTEN, 0000 RANDALL L. FOFI, 0000 ANTHONY R. PAUROSO, 0000 CONRAD H. MUNSTER JR., 0000 STEPHEN G. FOGARTY, 0000 GUSTAVE F. PERNA, 0000 JOHN D. NELSON, 0000 ROBERT W. FORRESTER, 0000 VICTOR PETRENKO, 0000 THURMAN M. PITTMAN JR., 0000 PAUL N. FORTUNE, 0000 ROBERT W. PETRILLO, 0000 TIMOTHY A. RAINEY, 0000 DAVID G. FOX, 0000 CHRISTOPHER R. PHILBRICK, 0000 MARITZA S. RYAN, 0000 RICHARD M. FRANCEY JR., 0000 GARY M. POTTS, 0000 EARL M. SILVER, 0000 TIMOTHY H. FRANK, 0000 CHARLES A. PREYSLER, 0000 MICHAEL J. TERIBURY, 0000 STEPHEN D. FRAUNFELTER, 0000 JOHN E. PULLIAM JR., 0000 NORMA P. TOVAR, 0000 TIMOTHY A. FREELON, 0000 CHRISTOPHER J. PUTKO, 0000 STEPHEN M. TOWNSEND, 0000 LEAH R. FULLERFRIEL, 0000 MARK R. QUANTOCK, 0000 ROBERT M. VISBAL, 0000 PAUL E. FUNK II, 0000 CHRISTOPHER E. QUEEN, 0000 STEPHEN K. WALKER, 0000 WILLIE E. GADDIS, 0000 CHARLES D. RAINEY, 0000 KENNETH L. WILSON, 0000 THOMAS K. GAINEY, 0000 RICARDO E. RAMIREZ, 0000 DANIEL S. ZUPAN, 0000 MICHAEL X. GARRETT, 0000 WILLIAM E. RAPP, 0000 CHRISTINE M. GAYAGAS, 0000 WILLIAM M. RAYMOND JR., 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRUCE A. GEORGIA, 0000 MICHAEL J. REAGOR, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY EDWARD G. GIBBONS JR., 0000 DANIEL K. REED, 0000 UNDER TITLE 10, U.S.C., SECTION 624: RICKY D. GIBBS, 0000 STEVENSON L. REED, 0000 To be colonel WILLIAM C. GIBSON, 0000 EDWARD M. REEDER JR., 0000 GARY D. GIEBEL, 0000 LYNDRA REID, 0000 EILEEN M. AHEARN, 0000 DAVID F. GILBERT, 0000 KARL E. REINHARD, 0000 ROBIN B. AKIN, 0000 STEVEN M. GRAHAM, 0000 DARRYL J. REYES, 0000 JOHN S. ALEXANDER, 0000 STEVEN A. GREENE, 0000 JAMES M. RICHARDSON, 0000 CAMPBELL D. ALLISON, 0000 WAYNE W. GRIGSBY JR., 0000 STEPHEN J. RIVIERE, 0000 STEVEN P. APLAND, 0000 ROBERT S. GUARINO, 0000 CASSANDRA V. ROBERTS, 0000 MARK H. ARMSTRONG, 0000 EDWARD C. GULLY, 0000 RUSSELL G. ROBERTSON, 0000 ERIC L. ASHWORTH, 0000 CYRUS E. GWYN JR., 0000 CHARLES R. ROCKHOLD, 0000 MARY A. BAKER, 0000 BRICE A. GYURISKO SR., 0000 DANIEL S. ROPER, 0000 PETER R. BAKER, 0000 JOHN A. HADJIS, 0000 THOMAS ROTONDI JR., 0000 THOMAS A. BALISH, 0000 BENJAMIN T. HAGAR, 0000 THOMAS G. ROXBERRY, 0000 ARTHUR T. BALL JR., 0000 GLENN W. HARP, 0000 MARVIN N. RUSSELL, 0000 DANIEL L. BALL, 0000 KENNETH R. HARRISON, 0000 RICHARD H. SADDLER, 0000 MARK J. BARBOSA, 0000 STUART G. HARRISON, 0000 FERDINAND D. SAMONTE, 0000 GERALD G. BARRETT, 0000 CASEY P. HASKINS, 0000 JOSEPH F. SARTIANO JR., 0000 JOHN F. BECK, 0000 DEBBRA A. HEAD, 0000 JOSEPH E. SCHULZ, 0000 MICHAEL F. BEECH, 0000 JAMES P. HERSON JR., 0000 JOSEPH P. SCHWEITZER, 0000 HUGH M. BELL III, 0000 RAYMOND S. HILLIARD, 0000 WILLIAM J. SCOTT, 0000 ROBERT T. BELL JR., 0000 THOMAS G. HOPKINS, 0000 JAMES D. SCUDIERI, 0000 MARK A. BIEHLER, 0000 RUSSELL W. HORTON, 0000 GEORGE F. SEIFERTH, 0000 MICHAEL A. BILLS, 0000 DWAYNE A. HOUSTON, 0000 LEWIS F. SETLIFF III, 0000 GLORIA D. BLAKE, 0000 BART HOWARD, 0000 PATRICK J. SHARON, 0000 KENT R. BOLSTER, 0000 LAWRENCE M. HUDNALL, 0000 DONNA L. SHAW, 0000 DAVID V. BOSLEGO, 0000 NATHANIEL IDLET, 0000 ROBERT C. SHAW, 0000 STEPHEN T. BOSTON, 0000 HEATHER J. IERARDI, 0000 LUTHER F. SHEALY III, 0000 MICHAEL W. BOWERS, 0000 MARK S. INCH, 0000 KENNETH W. SHREVES, 0000 BRIAN T. BOYLE, 0000 FERDINAND IRIZARRY II, 0000 JAMES G. SINGLETON, 0000 WILLIAM H. BRADY III, 0000 DONALD E. JACKSON, 0000 THOMAS F. SMALL, 0000 KELVIN L. BRIGHT, 0000 THOMAS S. JAMES JR., 0000 JOHN L. SMITH, 0000 GREGORY A. BROCKMAN, 0000 DENNIS J. JAROSZ, 0000 LESLIE C. SMITH, 0000 TYRONE J. BRUMFIELD, 0000 DANA D. JENNINGS III, 0000 THOMAS T. SMITH, 0000 DREW A. BRYNER, 0000 RICHARD A. JODOIN JR., 0000 RANDALL K. STAGNER, 0000 JOHN C. BUCKLEY II, 0000 MICHAEL A. JOINER, 0000 RONALD C. STEPHENS, 0000 MARGARET W. BURCHAM, 0000 ANN J. JOSEPH, 0000 RICHARD L. STEVENS, 0000 RICHARD B. BURNS, 0000 JAMES H. KAISER, 0000 DANIEL S. STEWART, 0000 ROBERT T. BURNS, 0000 DONNA M. KAPINUS, 0000 RONALD R. STIMEARE, 0000 JOHN C. BUSS, 0000 GREGORY G. KAPRAL, 0000 RICHARD C. STOCKHAUSEN, 0000 CAROL L. BUTTS, 0000 GEORGE G. KELLY, 0000 DEAN C. STODTER, 0000 JAMES A. CAMPBELL, 0000 MICHAEL H. KEOGH, 0000 JAMES M. STUTEVILLE, 0000 CAMPBELL P. CANTELOU, 0000 TIMOTHY J. KEPPLER, 0000 EDWARD A. SWANDA JR., 0000 ROGER E. CAREY, 0000 JAMES S. KESTNER, 0000 PATRICK J. SWEENEY, 0000 DAMIAN P. CARR, 0000 EDRIC A. KIRKMAN, 0000 ROBERT A. SWENSON, 0000 MICHAEL J. CARROLL, 0000 JAMES J. KLINGAMAN, 0000 MICHAEL C. TALBOTT, 0000 VICTOR J. CASTRILLO, 0000 MICHAEL J. KLINGELE, 0000 JOHN A. TANZI, 0000 CHELSEA Y. CHAE, 0000 MARK D. KLINGELHOEFER, 0000 CHARLES A. TENNISON, 0000 JOHN G. CHAMBLISS, 0000 JOHN A. KLOTSKO JR., 0000 JEFFREY W. TERHUNE, 0000 MICHAEL S. CHESNEY, 0000 PERRY L. KNIGHT, 0000 CURTIS L. THALKEN, 0000 CLEMENT B. CHOLEK, 0000 DAVID J. KOLLEDA, 0000 JERRY W. THOMAS, 0000 SCOTT G. CILUFFO, 0000 GREGORY C. KRAAK, 0000 HALIMA M. TIFFANY, 0000 DAVID J. CLARK, 0000 KATHI L. KREKLOW, 0000 TRACEY E. TINSLEYNICHOLSON, 0000 DAVID L. CLARK, 0000 PAUL J. LACAMERA, 0000 ROBERT A. TIPTON, 0000 KENNETH H. CLARK JR., 0000 CHRISTOPHER L. LADRA, 0000 SAMUEL D. TORREY, 0000 DONALD I. CLARKE, 0000 WILLIAM S. LARESE, 0000 KENNETH E. TOVO, 0000 JAMES C. CLOSE, 0000 BRIAN W. LAURITZEN, 0000 KENNETH A. TURNER, 0000 RUSSELL C. CLOY, 0000 CALVIN D. LAWYER, 0000 WILLIAM D. TURNER, 0000 JEFFREY A. COBB, 0000 KIM G. LINDAHL, 0000 STEPHEN M. TWITTY, 0000 JOSEPH B. COLEMAN, 0000 MARK S. LOWE, 0000 RONDA G. UREY, 0000 JEFFREY N. COLT, 0000 STEPHEN R. LYONS, 0000 JOHN A. VIAENE, 0000 MARK E. CONDRY, 0000 VICTOR MACCAGNAN JR., 0000 ROBERT E. VITTETOE, 0000 CINDY L. CONNALLY, 0000 MICHAEL H. MACNEIL, 0000 MICHAEL P. WADSWORTH, 0000 JAMES P. CONNOLLY, 0000 MICHAEL B. MAHONEY, 0000 HENRICUS F. WAGENAAR, 0000 MICHAEL A. COSS, 0000 ROBERT L. MANNING, 0000 RICHARD P. WAGENAAR, 0000 RODERICK M. COX, 0000 RICHARD A. MARCINOWSKI, 0000 MICHAEL S. WARBURTON, 0000 THOMAS R. CRABTREE, 0000 DAVID A. MCBRIDE, 0000 KENNETH M. WARD, 0000 CYNTHIA A. CROWELL, 0000 JEFFREY D. MCCLAIN, 0000 PATRICK T. WARREN, 0000 JAMES G. CURRIE JR., 0000 MARK S. MCCONKEY, 0000 BRYAN G. WATSON, 0000 MICHAEL J. CURRY, 0000 KENNETH O. MCCREEDY, 0000 FORREST C. WENTWORTH, 0000 PETER J. CURRY, 0000 KEVIN M. MCDONNELL, 0000 JOHN C. WILHELM, 0000 CATHERINE M. CUTLER, 0000 THOMAS J. MCGRATH, 0000 STEPHEN P. WILKINS, 0000

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DARRELL K. WILLIAMS, 0000 SIMON H. PINCUS, 0000 JAMES B HANLON, 0000 DENISE F. WILLIAMS, 0000 RONALD J. PLACE, 0000 ERNEST A HARPER, 0000 GEORGETTE P. WILSON, 0000 DOUGLAS A. PRAGER, 0000 LYLE M HARRISON, 0000 STEPHEN N. WOOD, 0000 JOSEPH P. PULCINI, 0000 ERIC C HASTINGS, 0000 MELINDA S. WOODHURST, 0000 WILLIAM B. REECE, 0000 SETH A HATHAWAY, 0000 LAMONT WOODY, 0000 JOHN R. ROWE, 0000 DIMITRI HENRY, 0000 DONALD H. WOOLVERTON, 0000 ERIC J. RUBEL, 0000 JOHN M HENRY, 0000 RAYMOND T. YOCUM, 0000 GUY P. RUNKLE, 0000 PATRICK L HERNANDEZ, 0000 CHARLES M. YOMANT, 0000 DAVID T. SCHACHTER, 0000 JOHN P HESFORD JR., 0000 MARK A. ZAMBERLAN, 0000 FRANK W. SCRIBBICK III, 0000 JAMES L HOGAN, 0000 JAMES J. ZANOLI, 0000 BRADEN A. SHOUPE, 0000 JOHN R HOLLANDER, 0000 MICHAEL J. SIGMON, 0000 ADAM P HOLMES, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK T. SISSON, 0000 EDWARD A HOWELL, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY RONALD E. SMITH JR., 0000 MICHAEL W HUFF, 0000 DENTAL CORPS, UNDER TITLE 10, U.S.C., SECTIONS 624 CAROLYN A. SULLIVAN, 0000 CRAIG W HUNGERFORD, 0000 AND 3064: ALLEN J. TAYLOR JR., 0000 VINCENT M HUTCHERSON, 0000 To be colonel JOACHIM J. TENUTA, 0000 DANIEL C IRCINK, 0000 RICHARD F. TROTTA, 0000 JAMES E IZEN, 0000 CHRISTIAN F. ACHLEITHNER, 0000 BRAD E. WADDELL, 0000 MARK K JAMISON, 0000 GEORGE R. BARBER, 0000 DAVID M. WATTS, 0000 OLIVER G JENKINS, 0000 MARK R. BAUS, 0000 PETER V. WEBER, 0000 SCOTT S JENSEN, 0000 TIMOTHY A. BECKER, 0000 MARK R. WITHERS, 0000 KARLA M JESSUP, 0000 GEORGE L. BRUCE, 0000 MARK G. ZIEMBA, 0000 DIETER G JOBE, 0000 DEBORAH L. DALVIT, 0000 CLAXTON R JOHNSON JR., 0000 PHILIP DENICOLO, 0000 IN THE MARINE CORPS MARK D JOHNSON, 0000 DAVID M JONES, 0000 CHRISTOPHER G. FIELDING, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LARRY B. FISHER, 0000 MATTHEW L JONES, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- ROBERT W JONES, 0000 MICHAEL E. GARVIN, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: JEFFREY A. GRASSER, 0000 CHRISTOPHER A KEANE, 0000 PETER M. GRONET, 0000 To be lieutenant colonel JANET L KEECH, 0000 GEORGE J. HUCAL, 0000 KURT A KEMPSTER, 0000 MARK A ADAMS, 0000 ANTHONY P. JOYCE, 0000 GREGG R KENDRICK, 0000 JEFFREY S ALLEN, 0000 KENNETH R. KLIER, 0000 THOMAS M KEOGH, 0000 VICTOR E AMBROSE, 0000 CASEY P. LESER, 0000 SEAN A KERR, 0000 GINO P AMOROSO, 0000 MICHAEL P. MAHONEY, 0000 PATRICK E KLINE, 0000 WALTER T ANDERSON, 0000 ROBERT J. MILLER, 0000 GARY A KLING, 0000 MATTHEW J ANS, 0000 PHILIP J. PANDOLFI, 0000 ROBERT J KOCHANSKI, 0000 JOHN R ARMOUR, 0000 DAVID G. SMITH, 0000 JEFFREY G KOFFEL, 0000 SOREN P ASHMALL, 0000 CRAIG S KOZENIESKY, 0000 STEVEN A. TAYLOR, 0000 EUGENE M AUGUSTINE JR., 0000 ROBERT A KREKEL, 0000 THOMAS R. TEMPEL JR., 0000 MARY A AUGUSTITUS, 0000 ROBERT W KRIEG, 0000 THOMAS G. WICHGERS, 0000 JAY M BARGERON, 0000 BRIAN L KU, 0000 RICHARD J. WINDHORN, 0000 BRUCE W BARNHILL, 0000 JOSEPH P KUGEL, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRETT M BARTHOLOMAUS, 0000 BRIAN E KUHN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY ROBERT E BENSON, 0000 BRYANT E LANDEAN, 0000 MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 STEVEN W BERGER, 0000 LANCE K LANDECHE, 0000 AND 3064: RICHARD T BEW, 0000 KENNETH M LASURE, 0000 To be colonel DAVID J BLIGH, 0000 GREGORY L LEMONS, 0000 ROY M BLIZZARD III, 0000 STEPHEN B LEWALLEN JR., 0000 KEVIN C. ABBOTT, 0000 HAROLD W BLOT JR., 0000 RICHARD E LOUCKS, 0000 GREGORY J. ARGYROS, 0000 MICHAEL S BODKIN, 0000 WILLIAM S LUCAS, 0000 JOHN H. ARMSTRONG, 0000 RICHARD T BOYER, 0000 SAMUEL A MAGLIANO, 0000 KENNETH S. AZAROW, 0000 RANDOLPH J BRESNIK, 0000 ANDREW G MANCHIGIAH, 0000 CONRAD S. BELNAP, 0000 ALLEN D BROUGHTON, 0000 KENNETH P MANEY, 0000 CHRISTOPHER P. BLACK, 0000 KEVIN W BROWN, 0000 ROBERT L MANION, 0000 KERRY M. BRADY, 0000 LEX A BROWN, 0000 MICHAEL W MANZER JR., 0000 MICHAEL R. BRUMAGE, 0000 DAVE W BURTON, 0000 DEBORAH M MCCONNELL, 0000 THOMAS R. BURKLOW, 0000 AARONPAUL CAMELE, 0000 MICHAEL G MCCOY, 0000 NORMAN E. BUSSELL, 0000 JOHN W CAPDEPON, 0000 RALPH V MCCREARY II, 0000 WILLIAM W. CAMPBELL, 0000 PATRICK J CARROLL, 0000 ROGER J MCFADDEN, 0000 LEOPOLDO C. CANCIO, 0000 TIMOTHY M CASSIDY, 0000 MATTHEW P MCLUCKIE, 0000 KEVIN R. CANNARD, 0000 MICHAEL S CEDERHOLM, 0000 REID K MERRILL, 0000 THOMAS J. CASEY, 0000 PAIGE L CHANDLER, 0000 CHRISTOPHER J MICHELSEN, 0000 JOHN M. CHO, 0000 JEFFREY R CHESSANI, 0000 JAMES L MILLER, 0000 JAMES E. COOK, 0000 MARY K CHURCH, 0000 MICHAEL S MILLER, 0000 LISE A. COTE, 0000 BRADLEY C CLOSE, 0000 PAUL D MONTANUS, 0000 BRIAN J. CRISP, 0000 CHRISTOPHER P COKE, 0000 JAY B MONTGOMERY, 0000 BARBARA A. CROTHERS, 0000 STEVEN J COLCOMBE, 0000 RICHARD E MYRICK, 0000 PAUL J. CUTTING, 0000 NATHAN S COOK, 0000 RANDY A NASH, 0000 CARROLL J. DIEBOLD, 0000 ROGER L CORDELL, 0000 NATHAN I NASTASE, 0000 RICHARD T. DOMBROSKI, 0000 MICHAEL E CORDERO, 0000 DWIGHT C NEELEY, 0000 PAUL J. DOUGHERTY, 0000 JOSEPH A CRAFT, 0000 RONALD D NEFF, 0000 PATRICK E. DUFFY, 0000 FRANCISCO B CRISAFULLI, 0000 MARK W NELSON, 0000 RANDALL A. ESPINOSA, 0000 MICHAEL T CUCCIO, 0000 THOMAS J NEMETH III, 0000 JOEL T. FISHBAIN, 0000 STEVEN M CUNNINGHAM, 0000 TIMOTHY W NICHOLS, 0000 DIANE M. FLYNN, 0000 ROBERT E CURRAN, 0000 KYLE J NICKEL, 0000 JEFFREY M. GAMBEL, 0000 TRACY A DALY, 0000 TIMOTHY J OLIVER, 0000 THOMAS P. GARIGAN JR., 0000 JOHN M DANTIC, 0000 JOHN A OSTROWSKI, 0000 DAVID L. GILLESPIE, 0000 RICHARD G DEGUZMAN, 0000 CHRISTOPHER L PAGE, 0000 WILLIAM R. GILLILAND, 0000 STEVE A DELACRUZ, 0000 RANDEL W PARKER, 0000 KATHY L. HARRINGTON, 0000 JAMES F DESY, 0000 WILLIAM J PARKER III, 0000 KENNETH C. HARRIS, 0000 TIMOTHY J DEVLIN, 0000 CHRISTOPHER J PARKHURST, 0000 DAVID W. HAUSE, 0000 THOMAS D DICKEN III, 0000 JOSEPH F PASCHALL, 0000 ROMAN A. HAYDA, 0000 CHRISTOPHER S DOWLING, 0000 MATTHEW J PAUL, 0000 DALLAS W. HOMAS, 0000 DAVID J DOWLING, 0000 BRIAN J PAYNE, 0000 DAVID G. HOOKER, 0000 FRANCIS A DOWSE, 0000 JOSEPH R PERLAK, 0000 RICHARD A. JORDAN, 0000 EMILY J ELDER, 0000 MICHAEL W PERRY, 0000 THASAN N. KANESA, 0000 KENNETH E ENNEY JR., 0000 ALEX G PETERSON, 0000 ROBERT J. KAZRAGIS JR., 0000 JOHN K FAIRCLOTH JR., 0000 WILLIAM B PITMAN, 0000 CHRISTOPHER K. KIM, 0000 MICHAEL FARRELL, 0000 CHRISTOPHER R POLLARD, 0000 RICHARD W. KNIGHT, 0000 CHRISTOPHER L FATHEREE, 0000 DUNCAN C PORTER, 0000 STEVEN J. KNORR, 0000 SCOTT J FAZEKAS, 0000 ERIC V PORTER, 0000 JOHN F. KRAGH JR., 0000 WILLIAM H FERRELL III, 0000 AARON F POTTER, 0000 STEPHEN J. KRIVDA, 0000 DONALD R FINN, 0000 PAUL G POWER, 0000 TIMOTHY R. KUKLO, 0000 PATRICK S FLANERY, 0000 WILLIS E PRICE III, 0000 WILLIAM L. LANG, 0000 JAMES G FLYNN, 0000 STEPHEN W PRIMM, 0000 MARTHA K. LENHART, 0000 LYLE E FORCUM, 0000 FRANKLIN L PUGH JR., 0000 GEOFFREY S. LING, 0000 SCOTT G FOSDAL, 0000 EDWARD F RAMSEY, 0000 ERNEST G. LOCKROW, 0000 JAMES W FUHS, 0000 WILLIAM C RANDALL, 0000 MICHAEL H. LUSZCZAK, 0000 ROBIN A GALLANT, 0000 ROBERT L RAUENHORST, 0000 JULIA A. LYNCH, 0000 JAMES M GARRETT III, 0000 LINDSEY B READING, 0000 RANDALL J. MALCHOW, 0000 RUBEN J GARZA, 0000 JAMES E RECTOR, 0000 TIMOTHY M. MALLON, 0000 BRADFORD J GERING, 0000 WILLIAM M REDMAN, 0000 GONZALEZ R. MARIN, 0000 CHRIS A GIBSON, 0000 JOHN C REEVE, 0000 JOSEPH F. MCKEON, 0000 JOHN R GILTZ, 0000 JAMES P RETHWISCH, 0000 MARK D. MENICH, 0000 JAMES F GLYNN, 0000 GEORGE W RIGGS, 0000 PAUL D. MONGAN, 0000 JONATHAN C GOFF, 0000 DOMINIC E ROBERTS, 0000 LEON E. MOORES, 0000 MICHAEL W GRADY, 0000 MARK L ROBERTS, 0000 ALLEN F. MOREY, 0000 JOSEPH M GRANT, 0000 JUSTIN C RODRIGUEZ, 0000 MICHAEL J. MORRIS, 0000 STEVEN J GRASS, 0000 MICHAEL J RODRIGUEZ, 0000 KEVIN P. MURPHY, 0000 PHILIP E GRATHWOL, 0000 THEODORE RUBSAMEN III, 0000 ROBERTO N. NANG, 0000 CHARLES S GRAY, 0000 JAIME M RUVALCABA, 0000 PETER E. NIELSEN, 0000 JIMMIE G GRUNY, 0000 PAUL P RYAN, 0000 FELICIA F. PEHRSON, 0000 JEFFREY A HAGAN, 0000 WILLIAM J RYSANEK IV, 0000 STEPHEN C. PHILLIPS, 0000 ROBERT M HAGAN, 0000 MARK S SANCHEZ, 0000 JOSEPH C. PIERSON, 0000 BRADLEY R HALL, 0000 MICHAEL L SCALISE, 0000 JOSEPH S. PINA, 0000 STEPHEN W HALL, 0000 CRAIG W SCHEIDEGGER, 0000

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BRADLEY R SCHIEFERDECKER, 0000 MICHAEL J BLACK, 0000 BRYAN C. FORTE, 0000 KEVIN M SCHMIEGEL, 0000 PETER D BLADES JR., 0000 BRIAN W. FOSTER, 0000 PATRICK H SCHOLES, 0000 LORIN D BODILY, 0000 ANTHONY N. FRASCO, 0000 NEIL C SCHUEHLE, 0000 JEFFREY M BOLDUC, 0000 CHRISTOPHER M. FREY, 0000 HARVEY T SCHWARTZ, 0000 JEFFREY M BONNER, 0000 PAUL A. FUNK, 0000 TIMOTHY B SEAMON, 0000 CHRISTA M BOWDISH, 0000 KELVIN W. GALLMAN, 0000 HALLIBURTO J SELLERS, 0000 DANIEL J BRADLEY, 0000 ANTHONY E. GALVIN, 0000 JOHN R SHAFER, 0000 PHILLIP M BRAGG, 0000 RAYMUNDO R. GAMBOL, 0000 KEVIN M SHEA, 0000 ROBERT G BREITBEIL, 0000 RICHARD J. GANNON, 0000 JON E SHEARER, 0000 HENRY J BREZILLAC, 0000 WENDY S. GARRITY, 0000 ROBERT C SHERRILL, 0000 ROBERT B BRODIE, 0000 MICHAEL A. GAVRE, 0000 MICHAEL D SHOUP, 0000 JOHN M BROOKS, 0000 DAVID S. GIBBS, 0000 PHILIP E SIMMONS, 0000 ERIC C BROWN, 0000 HIETH D. GIBLER, 0000 KENT D SIMON, 0000 LARRY G BROWN, 0000 MARK W. GILDAY, 0000 WAYNE A SINCLAIR, 0000 NGAIO I BROWN, 0000 MATTHEW M. GIOIA, 0000 BRUCE K SIZEMORE, 0000 BRIAN T BRUGGEMAN, 0000 BRETT A. GIORDANO, 0000 ROBERT B SKANKEY, 0000 ROBERT R BRUNKALLA, 0000 DOUGLAS W. GLOVER, 0000 HORACE W SMITH, 0000 ALVIN BRYANT JR., 0000 THOMAS R. GLUECK JR., 0000 THOMAS J SOBEY, 0000 DUNCAN J BUCHANAN, 0000 PAUL M. GOMEZ, 0000 MATTHEW G STCLAIR, 0000 MICHAEL S. BURKS, 0000 RUFINO H. GOMEZ, 0000 CRAIG E STEPHENS, 0000 TITUS R. BURNS, 0000 BRUCE D. GORDON, 0000 DONALD G STERLING, 0000 ERIC T. BURTON, 0000 RONALD S. GOUKER, 0000 KRIS J STILLINGS, 0000 ADAM L. BUSH, 0000 GARY W. GRAHAM, 0000 JAMES B STOPA, 0000 CHRISTOPHER W. BUSHEK, 0000 JASON T. GREENE, 0000 CHARLES D STOUT, 0000 JOHN F. BUXTON, 0000 CHRISTEON C. GRIFFIN, 0000 CURTIS A STRADER, 0000 ALBERT S. CALAMUG, 0000 STANLEY P. GRIFFIN, 0000 DAYTON CALHOUN IV, 0000 ALLEN D. GRINALDS, 0000 ROBERT L TANZOLA III, 0000 CHARLES D. CAMPBELL, 0000 DARRY W. GROSSNICKLE, 0000 TODD S TAYLOR, 0000 THOMAS H. CAMPBELL III, 0000 GREGORY L. GRUNWALD, 0000 JOHN J THOMAS, 0000 OLIN M. CANNON, 0000 JASON S. GUELLO, 0000 BRUCE J THOMSEN, 0000 RONALD G. CAPES JR., 0000 PETER J. GUERRANT, 0000 DAVID S THORN, 0000 TOMAS CARLOS, 0000 ANDREW J. GWYNN, 0000 WILLIAM R TIBBS, 0000 JANO R. CARLSON, 0000 DENNIS W. HACKER, 0000 CHRISTOPHER E TIERNAN, 0000 CHRISTOPHER L. CARTER, 0000 MICHAEL P. HADLEY, 0000 ROBERT T TOBIN III, 0000 WILLIAM J. CASLER JR., 0000 MATTHEW J. HAEFNER, 0000 MATTHEW E TRAVIS, 0000 CHARLES R. CASSIDY, 0000 NIKOLAS D. HALATSIS, 0000 KEITH H TREADWAY, 0000 ROBERT T. CASTRO, 0000 HOWARD F. HALL, 0000 TERENCE D TRENCHARD, 0000 HENRY CENTENO JR., 0000 ANDREW D. HAMILTON, 0000 JOEL B TURK, 0000 GREGORY L. CHANEY, 0000 MYLE E. HAMMOND, 0000 ROGER B TURNER JR., 0000 FRANCIS K. CHAWK III, 0000 ERIC J. HAMSTRA, 0000 GREGORY P UTLEY, 0000 VINCENT J. CIUCCOLI, 0000 JEFFREY C. HANIFORD, 0000 HAROLD R VANOPDORP JR., 0000 DAVID W. CLAPP, 0000 JARED J. HANSBROUGH, 0000 JOHN C VARA, 0000 JULIET B. CLAPP, 0000 ANTHONY A. HARDINA, 0000 WILLIAM L WADE, 0000 KEVIN E. CLARK, 0000 DOUGLAS HARDY, 0000 PATRICK L WALL, 0000 TREVOR B. CLARK, 0000 JOHN W. HARMAN, 0000 JOHN M WALLS, 0000 MILTON J. CLAUSEN JR., 0000 CASEY S. HARMON, 0000 MARC A WEBSTER, 0000 JOSEPH E. CLEARY, 0000 JACKIE D. HARRIS, 0000 ANNE M WEINBERG, 0000 BRIAN CLEMENS, 0000 JAMES A. HARRIS IV, 0000 ROBERT E WHITE JR., 0000 ANDREW H. CLEVENGER, 0000 DAVID E. HART, 0000 BRIAN K WILHOITE, 0000 CRISTIN M. COADY, 0000 GREGORY R. HAUCK, 0000 ROBERT A WILKERSON, 0000 BRIAN C. COLLINS, 0000 BRIAN C. HAWKINS, 0000 CHRISTOPHER W WILLIAMS, 0000 KEVIN G. COLLINS, 0000 EMILY H. HAYDON, 0000 BLAKE M WILSON, 0000 SEAN C. COLLINS, 0000 EDWARD J. HEALEY JR., 0000 DANIEL H WILSON, 0000 NORBERTO COLON, 0000 MONROE H. HENDERSON, 0000 STEPHEN M WILSON, 0000 CHAD J. COMUNALE, 0000 RICHARD F. HENDRICK, 0000 STEVEN L WILSON, 0000 DEAN G. CONATSER, 0000 MAURA M. HENNIGAN, 0000 ANTHONY A WINICKI, 0000 CARROLL J. CONNELLEY, 0000 MARK A. HERMES, 0000 DANIEL S WISNIEWSKI, 0000 WILLIAM J. CONNER, 0000 SHAWN R. HERMLEY, 0000 KENNETH M WOODARD, 0000 HUGH K. CONNOLLY, 0000 GEORGE A. HERRERA, 0000 PHILLIP W WOODY, 0000 BRIAN H. CONRAD, 0000 MANLEE J. HERRINGTON, 0000 ERIN L ZELLERS, 0000 JESSE C. CONSTANTE, 0000 JOHN R. HESS, 0000 IN THE ARMY RIAN E. COOK, 0000 RUSSELL L. HICKS, 0000 JAMES B. COOKSEY, 0000 SHANNON V. HOLLOWAY, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SCOTT C. CORNELIUS, 0000 JAY M. HOLTERMANN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY CHRISTIAAN P. CORRY, 0000 SCOTT K. HORNBUCKLE, 0000 MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 KEVIN S. CORTES, 0000 SAMUEL N. HOTZ, 0000 AND 3064: LEE A. CRACKNELL, 0000 DANNY L. HOWARD JR., 0000 MITCHELL A. CRIGER, 0000 NICOLE K. HUDSPETH, 0000 To be major ROBERT C. CRUM II, 0000 CHARLES A. HULME, 0000 AMY E. PREEN, 0000 WARREN J. CURRY, 0000 DARYL S. HURST, 0000 GEORGE J. DAVID JR., 0000 KEVIN H. HUTCHISON, 0000 IN THE MARINE CORPS SCOTT R. DAVIDSON, 0000 DAVID G. IRVING, 0000 JEFFREY L. DAVIS, 0000 JAMES M. ISAACS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SHAWN B. DAVIS, 0000 LANCE A. JACKOLA, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- EDWARD J. DEBISH, 0000 ERIC S. JAKUBOWSKI, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: JOSEPH C. DEIGAN, 0000 BRENT M. JAMES, 0000 To be major MICHAEL DELGROSSO, 0000 PETER J. JANOW, 0000 DOUGLAS S. DEWOLFE, 0000 DARRYL L. JELINEK, 0000 CHRISTOPHER J AABY, 0000 MARK D. DISS, 0000 BETHANY D. JENKINS, 0000 LEONARDO R ABERCROMBIE, 0000 KEVIN J. DOBZYNIAK, 0000 MICHAEL H. JOHNSON, 0000 STEPHEN J ACOSTA, 0000 JOSE P. DOMINGUEZ, 0000 SHANNON L. JOHNSON, 0000 AARON W ADAMS, 0000 BRYAN E. DONOVAN, 0000 WILLIAM W. JOHNSON, 0000 DAVID A ADAMS, 0000 PETER J. DORAN, 0000 JOSEPH W. JONES, 0000 MARC A ALEXANDER, 0000 SCOTT E. DORNISCH, 0000 KIRK W. JORGENSEN, 0000 DAVID C ANDERSON, 0000 BARRY A. DOWDY, 0000 GILBERT D. JUAREZ, 0000 ROBERT L ANDERSON III, 0000 JASON C. DRAKE, 0000 JASON W. JULIAN, 0000 SCOTT R ANDERSON, 0000 ERIC R. DROWN, 0000 HENRY JUNE JR., 0000 DAVID M ANGERSBACH, 0000 ALFREDO DUBOIS, 0000 IVAN J. KANAPATHY, 0000 LANCE T ARP, 0000 MICHAEL S. DUCAR, 0000 JOHN D. KAUFFMAN, 0000 ANDREW A AUSTIN, 0000 MATTHEW A. DUMENIGO, 0000 STEPHEN F. KEANE, 0000 MIGUEL A AVILA, 0000 WADE J. DUNFORD, 0000 MATTHEW M. KEENEY, 0000 RAMZY C AYACHI, 0000 JUSTIN S. DUNNE, 0000 JOSHUA A. KEISLER, 0000 RAYMOND P AYRES III, 0000 PETER C. DUNNING, 0000 MATTHEW J. KENT, 0000 BRANDEN G BAILEY, 0000 BRIAN P. DUPLESSIS, 0000 LINDA G. KERRICK, 0000 LARRY A BAILEY JR., 0000 JOHN R. DUPREE, 0000 GRANT C. KILLMER, 0000 ROBERT O BAILEY, 0000 TOBY G. DYER, 0000 KEITH P. KINCANNON, 0000 TIMOTHY M BAIRSTOW, 0000 GORDON R. DYKES, 0000 CATHERINE A. KING, 0000 DANIEL J BAKER, 0000 ANDREW C. EANNIELLO, 0000 THOMAS T. KING, 0000 WILLIAM T BAKER, 0000 NATHANIEL T. EARLES, 0000 DARREN J. KISSELBURGH, 0000 AISHA M BAKKARPOE, 0000 EDWARD J. EIBERT JR., 0000 BRIAN E. KISTNER, 0000 HERNAN BARRERO, 0000 GEOFFREY S. EICH, 0000 PETER W. KOENEMAN, 0000 JOEL N BARTIS, 0000 PETER J. EPTON, 0000 DAVID L. KOWALSKI, 0000 WILLIAM J BARTOLOMEA, 0000 THOMAS G. ESPOSITO, 0000 MICHAEL R. KROHMER, 0000 DANIEL L BATES, 0000 AMADOR R. ESTRADA JR., 0000 ROBERT M. KUDELKO JR., 0000 ARTHUR R BEHNKE JR., 0000 BRIAN W. EVANS, 0000 DAVID A. KULIK, 0000 MATTHEW T BELISLE, 0000 RYAN M. EYER, 0000 RAYMOND C. LABBE, 0000 ROBERT H BELKNAP II, 0000 ROBERT B. FANNING, 0000 THOMAS G. LACROIX, 0000 JASON A BELL, 0000 HAYTHAM FARAJ, 0000 DWAINE D. LAMIGO, 0000 ROMAN V BENITEZ, 0000 GUY J. FARMER, 0000 JONATHAN E. LANGLOIS, 0000 CLAY A BERARDI, 0000 LINDA N. FERRELL, 0000 JOSEPH G. LAPAN JR., 0000 DAVID C BERGUM, 0000 SEAN B. FILSON, 0000 JON M. LAUDER, 0000 GUY G BERRY, 0000 MICHAEL D. FISK, 0000 STEPHEN J. LAVELLE, 0000 WAYNE R BEYER JR., 0000 PATRICK L. FITZGERALD, 0000 RICHARD B. LAWSON, 0000 STEVEN D BICKFORD, 0000 SHAUN T. FITZPATRICK, 0000 ELRIDGE C. LEBLANC, 0000 NED M BIEHL, 0000 GREGORY P. FLAHERTY, 0000 JEFFREY D. LEE, 0000 BENJAMIN T BIERLY, 0000 CRAIG A. FORRESTER, 0000 KENNETH G. LEE, 0000 ETHAN C BISHOP, 0000 CARLETON D. FORSLING, 0000 ERIC J. LEHMAN, 0000

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DOUGLAS LEMOTT JR., 0000 ERIC J. PETERSON, 0000 CHRISTOPHER G. TOLAR, 0000 THOMAS A. LENHARDT, 0000 KRISTIAN D. PFEIFFER, 0000 JONATHON A. TONEY, 0000 JOSEPH P. LENTIVECH III, 0000 DAVID M. PHILLIPPI, 0000 TRUETT A. TOOKE, 0000 JOHN C. LEWIS, 0000 BRYAN S. PITCHFORD, 0000 BRADLEY S. TRAGER, 0000 STEPHEN J. LIGHTFOOT, 0000 TIM B. POCHOP, 0000 SCOTT B. TRAIL, 0000 FRANCIS X. LILLY JR., 0000 JEFFREY R. POE, 0000 JAMES R. TRAVER, 0000 KEVIN M. LILLY, 0000 GREGORY T. POLAND, 0000 PHILIP J. TREGLIA, 0000 MATTHEW E. LIMBERT, 0000 KATHERINE I. POLEVITZKY, 0000 KAREN F. TRIBBETT, 0000 THOMAS S. LITTLE II, 0000 JOHN S. POSTORINO, 0000 KEVIN C. TRIMBLE, 0000 FERDINAND F. LLANTERO, 0000 KENNETH C. POTTER, 0000 TERRY L. TROGDON, 0000 DAVID W. LOCKNER, 0000 CHRISTOPHER A. POWERS, 0000 CLIFTON L. TURNER, 0000 BART W. LOGUE, 0000 ROBERT C. POWERS, 0000 MICHAEL S. TYSON, 0000 CHARLES M. LONG JR., 0000 WESLEY T. PRATER, 0000 JOON H. UM, 0000 MICHAEL J. LONG, 0000 ANDREW T. PRIDDY, 0000 STEWART T. UPTON, 0000 WILLIAM A. LOVEWELL, 0000 STEPHEN PRITCHARD, 0000 JOHN P. VALENCIA, 0000 BENJAMIN J. LUCIANO, 0000 SCOTT T. PROFFITT, 0000 MATTHEW J. VALIQUETTE, 0000 GARRETT C. LUNDE, 0000 JAMES M. QUIRK, 0000 CARLOS A. VALLEJO, 0000 CHRISTOPHER C. LYNCH, 0000 RONALDO RACINEZ, 0000 JOHN W. LYNCH III, 0000 CHRISTOPHER K. RAIBLE, 0000 ROBERT J. VANDERWOUDE, 0000 WILLIAM P. MACNAUGHTON, 0000 CHRISTIAN M. RANKIN, 0000 DAVID W. VANHOOF, 0000 GIAN F. MACONE, 0000 WILLIAM A. RASGORSHEK, 0000 JOEL D. VANPROYEN, 0000 CHRISTOPHER G. MADELINE, 0000 WALTER D. REECE, 0000 MARK E. VANSKIKE, 0000 VICTOR I. MADUKA, 0000 JACKSON L. REESE, 0000 VERNON T. VEGGEBERG, 0000 ROBERT K. MALDONADO, 0000 GARY R. REIDENBACH, 0000 TIMOTHY B. VENABLE, 0000 BENJAMIN W. MALMANGER, 0000 MATTHEW A. REILEY, 0000 ROBERT S. VOLKERT, 0000 EUGENE A. MAMAJEK JR., 0000 MICHAEL D. REILLY, 0000 EVAN R. WAHL, 0000 JAMES E. MANEL, 0000 RYAN W. REILLY, 0000 JORDAN D. WALZER, 0000 LESLIE B. MANSFIELD, 0000 CHRISTIAN D. RICHARDSON, 0000 GILBERT A. WARNER, 0000 ANDREW J. MARCELIS, 0000 DEAN R. RIDGWAY, 0000 LAWRENCE A. WASHINGTON, 0000 MICHAEL R. MARKO, 0000 JAMES A. RIGHTER, 0000 DEREK J. WASTILA, 0000 WENDY L. MAROTTA, 0000 MELINDA L. RIZER, 0000 CARL A. WATT, 0000 MARIA A. MARTE, 0000 RALPH J. RIZZO JR., 0000 MATTHEW O. WATT, 0000 JON G. MARTIN, 0000 MATTHEW B. ROBBINS, 0000 PATRICK D. WAUGH, 0000 AARON C. MARX, 0000 SCOTT A. ROBINSON, 0000 BRENT A. WEATHERS, 0000 ROBERT F. MASON JR., 0000 GARY T. ROESTI, 0000 DAVID A. WEINSTEIN, 0000 RICHARD P. MATYSKIELA, 0000 DANIEL D. ROSE, 0000 GARRETT R. WELCH, 0000 GREGORY K. MAVOR, 0000 WILLIAM H. ROTHERMEL, 0000 MARK C. WELCH, 0000 PETER MCALEER, 0000 ALAN B. ROWE, 0000 TIMOTHY E. WERNIMONT, 0000 MICHAEL T. MCCOMAS, 0000 DANIEL N. RUBEL JR., 0000 BRIAN D. WHITE, 0000 ALEXANDER K. MCCRAIGHT JR., 0000 ROBERT V. RUBIO, 0000 STEPHAN F. WHITEHEAD, 0000 PATRICK W. MCCUEN, 0000 EDWARD T. RUSH JR., 0000 JAMES S. WHITEKER, 0000 SCOTT D. MCDONALD, 0000 NATHAN M. RUSH, 0000 ERIC S. WHITTINGTON, 0000 JEREMY S. MCELROY, 0000 JAMES A. RYANS II, 0000 JEFFREY S. WIDEMAN, 0000 MATTHEW R. MCGATH, 0000 WILLIAM A. SABLAN, 0000 KEVIN A. WILLIAMS, 0000 WILLIAM H. MCHENRY II, 0000 SEAN M. SADLIER, 0000 MICHAEL F. WILONSKY, 0000 JAMES A. MCLAUGHLIN, 0000 MATTHEW R. SALE, 0000 CRAIG A. WINGARD, 0000 RONALD H. MCLAUGHLIN, 0000 JOHN B. SALMON, 0000 ANDREW R. WINTHROP, 0000 ARTHUR C. MCLEAN, 0000 CHRISTOPHER J. SAMPLE, 0000 ROBERT L. WISER, 0000 CARL L. MCLEOD, 0000 SHENANDOAH SANCHEZ, 0000 DANIEL J. WITTNAM, 0000 ROBERT V. MCMILLEN JR., 0000 KENNETH M. SANDLER, 0000 THOMAS D. WOOD, 0000 JAMES E. MEEK, 0000 REX W. SAPPENFIELD, 0000 ARTHUR J. WOODS, 0000 PAUL M. MELCHIOR, 0000 MATTHEW R. SASSE, 0000 HAROLD C. YOUNG, 0000 MARK A. MERRILL, 0000 WILLIAM R. SAUERLAND JR., 0000 RICHARD B. YOUNG II, 0000 CRAIG G. MERRIMAN, 0000 DENNIS L. SAUGSTAD JR., 0000 MARK W. ZIPSIE, 0000 RICARDO MIAGANY, 0000 MORGAN N. SAVAGE, 0000 MICHAEL W. MIDDLETON, 0000 PIETRO P. SCARSELLI, 0000 JOHN J. MILES, 0000 TODD R. SCHIRO, 0000 IN THE NAVY DUNCAN W. MILLER, 0000 TIMOTHY L. SCHNEIDER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NATHAN M. MILLER, 0000 SCOTT D. SCHOEMAN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY TIMOTHY P. MILLER, 0000 WILLIAM A. SCHUTZ II, 0000 UNDER TITLE 10, U.S.C., SECTION 624: TODD M. MILLER, 0000 ROBERT T. SCHWEIGER, 0000 JOHN E. MING, 0000 MARIO F. SCHWEIZER, 0000 KEITH B. MISHOE, 0000 CRAIG R. SCHWETJE, 0000 To be commander MATTHEW B. MIXA, 0000 JEFFREY B. SCOTT, 0000 DAVID B. WEIDING, 0000 DARON M. MIZELL, 0000 MATTHEW R. SEAY, 0000 ROSS A. MONTA, 0000 MATTHEW K. SEIPT, 0000 THE FOLLOWING NAMED OFFICERS FOR TEMPORARY KEVIN L. MOODY, 0000 MATTHEW A. SENN, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE ALONZO B. MOORE, 0000 JOEL V. SEWELL, 0000 UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION BILLY R. MOORE JR., 0000 CHRISTOPHER B. SHAW, 0000 5721: DAVID A. MOORE, 0000 MATTHEW R. SHENBERGER, 0000 DAVID E. MOORE, 0000 DONALD L. SHOVE, 0000 To be lieutenant commander KYLE J. MOORE, 0000 JOHN R. SIARY, 0000 JONATHAN Q. ADAMS, 0000 JAY E. MOORMAN, 0000 CORY G. SIMMONS, 0000 STEVEN P. BRABEC, 0000 COBY M. MORAN, 0000 BRIAN D. SIMON, 0000 STANFORD P. COLEMAN, 0000 PATRICK C. MORAN, 0000 PATRICK E. SIMON, 0000 JOHN D. CRADDOCK, 0000 MARC H. MORGAN, 0000 RICHARD F. SIMS JR., 0000 NORRIS L. ELLIS, 0000 NICHOLAS A. MORRIS, 0000 SCOTT A. SITTERLE, 0000 WILLIAM J. FRANCIS, 0000 MATTHEW T. MORRISSEY, 0000 JAMIESON J. SLOUGH, 0000 JEFFREY J. JUERGENS, 0000 TYREL W. MOXEY, 0000 DUANE F. SMILE, 0000 MATTHEW M. KAWAS, 0000 EDWARD P. MULLIN, 0000 ANDREW Q. SMITH, 0000 JAMES T. KEENE, 0000 MICHAEL B. MULLINS, 0000 BRIAN C. SMITH JR., 0000 RICHARD R. MCCARTY, 0000 JEFFREY V. MUNOZ, 0000 CHARLES E. SMITH, 0000 LEONARD L. MILLIKEN, 0000 NEIL F. MURPHY JR., 0000 DAVID J. SMITH JR., 0000 CHRISTOPHER M. NICHOLS, 0000 KEVIN F. MURRAY, 0000 GREGORY I. SMITH, 0000 MATTHEW M. PEDERSON, 0000 LEONARD E. NEAL, 0000 JASON E. SMITH, 0000 MACK F. SCHMIDT, 0000 MELISSA J. NELSON, 0000 JOHN E. SMITH, 0000 JOHN F. SHEEHAN, 0000 JOSEPH L. NEWCOMB, 0000 RAHMAN K. SMITH, 0000 BRIAN B. SKIMKAVEG, 0000 JONATHAN R. NEWELL, 0000 SINCLAIR D. SMITH, 0000 ALLEN R. STAMBAUGH, 0000 THOMAS F. NICHOLS, 0000 STEPHEN M. SMITH, 0000 MICHAEL S. TAYLOR, 0000 SCOTT A. NICHOLSEN, 0000 BRYAN M. SMYLIE, 0000 COREY C. WOFFORD, 0000 NICHOLAS M. NICHOLSON, 0000 BLAIR J. SOKOL, 0000 STACEY W. YOPP, 0000 CHRISTOPHER M. NIEMANN, 0000 PAUL F. SPANGENBERGER, 0000 PAUL D. NOYES, 0000 WILLIAM R. SPEIGLE II, 0000 TILEY R. NUNNINK, 0000 DEMETRY P. SPIROPOULOS, 0000 CHADWIC G. OAKLEY, 0000 JOHN M. STAFFORD, 0000 f DOUGLAS B. OGDEN, 0000 PHILIP K. STAUFFACHER, 0000 JOSEPH R. ONIZUK, 0000 DAVID M. STEELE, 0000 TRAVIS F. OSELMO, 0000 TIMOTHY STEFANICK, 0000 CONFIRMATIONS RAMON A. OZAMBELA, 0000 SEAN E. STEPHENS, 0000 MARK T. PALIOTTA, 0000 MATTHEW W. STERNI, 0000 Executive nominations confirmed by MARIA J. PALLOTTA, 0000 KYLE M. STODDARD, 0000 MATTHEW J. PALMA, 0000 KARL J. STOETZER, 0000 the Senate January 22, 2004: ROBERT G. PALMER, 0000 MATTHEW W. STOVER, 0000 GEORGE E. PAPPAS, 0000 MICHAEL A. STROUD, 0000 DEPARTMENT OF VETERANS AFFAIRS THOMAS F. PAQUIN, 0000 EDWARD R. SULLIVAN, 0000 LARRY D. PARKER JR., 0000 DAVID C. SUMMERS, 0000 CYNTHIA R. CHURCH, OF VIRGINIA, TO BE AN ASSIST- MATTHEW D. PARKER, 0000 CHAD M. SUND, 0000 ANT SECRETARY OF VETERANS AFFAIRS (PUBLIC AND KEITH A. PARRELLA, 0000 SHAWN M. SWANSON, 0000 INTERGOVERNMENTAL AFFAIRS). SEAN W. PASCOLI, 0000 JONATHAN S. SWOPE, 0000 ROBERT N. MCFARLAND, OF TEXAS, TO BE AN ASSIST- JOHN G. PAYNE JR., 0000 DANIEL B. TAYLOR, 0000 ANT SECRETARY OF VETERANS AFFAIRS (INFORMATION TODD R. PEERY, 0000 CHRISTOPHER J. THIELEMANN, 0000 AND TECHNOLOGY). TROY M. PEHRSON, 0000 GERALD A. THOMAS, 0000 GORDON H. MANSFIELD, OF VIRGINIA, TO BE DEPUTY MICHAEL J. PEITZ, 0000 MATTHEW L. THOMAS, 0000 SECRETARY OF VETERANS AFFAIRS. MICHAEL J. PELAK, 0000 TERRANCE L. THOMAS, 0000 THE ABOVE NOMINATIONS WERE APPROVED SUBJECT BRADLEY S. PENNELLA, 0000 ALISON J. THOMPSON, 0000 TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- ANTHONY R. PERRETTA JR., 0000 MICHAEL G. TIRONE, 0000 QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY JASON S. PERRY, 0000 ADAM J. TKACH, 0000 CONSTITUTED COMMITTEE OF THE SENATE.

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