S4226 CONGRESSIONAL RECORD — SENATE March 21, 2003 agreement for the consideration of the the U.S. Government for fiscal year 2004 and Are my colleagues going to tell their first 10 amendments today. With the including the appropriate budgetary levels police departments that they are going first 10 votes scripted, it will allow for fiscal year 2003 and for fiscal years 2005 to take away Byrne grants and COPS Members to review and prepare for the through 2013. money to give them this money? Are first couple of hours in the voting se- Pending: they going to take away fire money to quence. Schumer amendment No. 299, to provide give them this money? Are they going I encourage Members who intend to immediate assistance to meet pressing to cut road building? Are they going to offer amendments to notify the chair- homeland security needs by providing fund- cut the FBI? Are they going to cut ev- ing in 2003 for first responders, port security, man or the ranking member so that bioterrorism preparedness and prevention, erything that is in function 920 to do their amendments can be placed in the border security and transit security, the homeland security? Just as we should sequence of votes. At this time, we are FBI; to restore the elimination of funding of not be pitting the defense and the not encouraging further amendments. the COPS program, firefighter equipment money needed for our soldiers overseas However, if Members feel compelled to grants, Byrne Grants and Local Law enforce- against domestic needs like education, offer them, I ask courtesy of that noti- ment grants; to provide a sustained commit- health care and transportation, we fication. ment of resources for homeland security should not be pitting homeland secu- I remind all Senators that once the needs without reducing funding to other key rity against that. I ask my colleagues domestic law enforcement and public safety voting sequence begins at 10:45, Sen- priorities; and to reduce the deficit. to think about it. We have a huge tax ators should remain in the Chamber or Brownback amendment No. 282, to express cut. This amendment takes a very close by to avoid missing any votes. We the sense of the Senate that a commission be small amount—in a quick calculation— will need to limit the votes in the se- established to review the efficiency of Fed- less than 1 or 2 percent of that tax cut. quence to 10 minutes each. We will stay eral agencies. Where should the money come from? until this resolution is completed. It Conrad (for Feingold/Corzine) amendment I don’t believe we are actually going to No. 270, to set aside a reserve fund for pos- cut education any further, no matter may be a lengthy session today in sible military action and reconstruction in order to conclude the process. I thank Iraq. what this budget resolution does. I Members for their cooperation. Breaux Amendment No. 339, to reduce tax don’t believe we will cut health care any further. I don’t think we will cut f cuts by $375 billion and to reduce projected deficits by $464 billion. road building any further. They are DEATH IN COMBAT The ACTING PRESIDENT pro tem- stretched to the bone because of the Mr. FRIST. In America this morning, pore. Under the previous order, the necessities of the budget. there are several families who have time until 9:45 will be equally divided This amendment offers the real awakened to the worst possible news: between the chairman and the ranking chance at homeland security. This is the death in combat of a father, a member of the Budget Committee. the amendment. To insist that every brother, or a son. In our thoughts and Who yields time? dollar of the tax cut must be sac- Mr. REID. On behalf of Senator prayers today, I ask my colleagues to rosanct while we sacrifice the rest of CONRAD, we yield time to the Senator remember those who have sacrificed so the Government—when your school from New York. much on the battlefields in the Persian boards come to you, when your hos- The ACTING PRESIDENT pro tem- pitals come to you, when your con- Gulf. Every life is precious. Our mis- pore. The Senator from New York. sion goes on. Our military will com- struction companies come to you, and AMENDMENT NO. 299 plete the course our leaders have set. your Governors and mayors and, of Mr. SCHUMER. Mr. President, the In the Senate and in everyday life, we course, your police chiefs and fire- first vote will be on the amendment should honor that sacrifice in how we fighters, are you going to say you let that I offered, along with many of my comport ourselves. them down? colleagues: Senator CLINTON, Senator Our service men and women are hon- I urge, I hope, I pray; this is a time DASCHLE, Senator BYRD, and Senator orable, patriotic Americans, serving when we need unity. There is no prob- LIEBERMAN. It is the homeland security the cause of liberty, our liberty. I pray lem, none whatever, with taking a amendment that we debated. I remind to God that we who have the honor to small amount, a total over 10 years of my colleagues how important home- represent them continue to act in a $38 billion, a total of over $5 billion land security is, how we have to fight a manner worthy of them. this fiscal year, 2003, and next year, good offense. Praise God, it seems as if In this difficult time, I ask my col- 2004, getting to $8 billion, out of that that is going quite well in Iraq. It is leagues to measure their words to re- tax cut because that will fund home- also very important for us to fight de- member those who are privileged to land security. fense and we have not been doing an serve and to aspire to that same level I urge my colleagues to vote for this adequate job. of greatness. We will debate and we amendment and stand up for their local I believe Senator COCHRAN will offer will disagree. We will differ in how we police, their local firefighters, their an alternative version later on today, vote, but we are all Americans. The local schools. but I would make two points about the losses we have incurred will serve as a Mr. REID. Mr. President, the two Schumer amendment as opposed to the constant reminder for how fortunate leaders have agreed the second vote Cochran amendment. One is that the we are for just that. should start at 10:30 and I ask unani- Cochran amendment is not as gen- mous consent that that be the case. f erous, as I understand it. I have just re- Mr. NICKLES. I have no objection. RESERVATION OF LEADER TIME ceived it. It is even in this fiscal year, The ACTING PRESIDENT pro tem- the 2003 fiscal year, when our police of- pore. Without objection, it is so or- The ACTING PRESIDENT pro tem- ficers, our firefighters are hurting from dered. pore. Under the previous order, the one end of the country to the other, The Senator from Oklahoma. leadership time is reserved. when our port security is not what it Mr. NICKLES. Mr. President, just for f should be, when our rail security is not the information of our colleagues, we what it should be, the Cochran amend- will have a vote to begin in a couple CONGRESSIONAL BUDGET FOR ment is considerably lower. minutes on the Schumer amendment, THE U.S. GOVERNMENT FOR FIS- I am sure if my colleagues go back and then the second vote will begin at CAL YEAR 2004 and ask their police and fire depart- 10:30 on the Cochran amendment that The ACTING PRESIDENT pro tem- ments which amendment they prefer, it is also in relation to homeland secu- pore. Under the previous order, the is the Schumer amendment. rity. Senate will now resume consideration Second and more important, we have I urge my colleagues, with great re- of S. Con. Res. 23, which the clerk will close to a $700 billion tax cut. We also spect, to oppose the Schumer amend- report. have programs on education, on health ment. His amendment would add $88 The legislative clerk read as follows: care, on transportation, the FBI and billion over 10 years for a variety of A concurrent resolution (S. Con. Res. 23) everything else. The alternative homeland security programs, law en- setting forth the congressional budget for amendment cuts every one of those. forcement assistance. I contacted the

VerDate Dec 13 2002 04:06 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G21MR6.003 S21PT1 March 21, 2003 CONGRESSIONAL RECORD — SENATE S4227 Secretary of Homeland Security, Mr. The increase we have this year over sent into harm’s way. As we dem- Ridge, and asked for their position on last year is 18.4 percent. In addition to onstrate our support for our troops this amendment. I ask unanimous con- that, when we vote on the Cochran overseas, however, we must not relent sent to have printed in the RECORD a amendment, we will be increasing in our support for the men and women letter from Secretary Ridge: ‘‘The Ad- funds for this function for fiscal year who stand ready to protect us each and ministration opposes the pending Schu- 2003, the year we are in, an additional every day on our own shores. mer amendment’’ in the second para- $3.5 billion. That is more than enough This past Monday evening, President graph. to make up for any deficiencies in first Bush declared that ‘‘[j]ust as we are There being no objection, the mate- responders and also gives additional preparing to ensure victory in Iraq, we rial was ordered to be printed in the money for other necessary items in are taking further actions to protect RECORD, as follows: homeland security. Senator COCHRAN our homeland.’’ In conjunction with DEPARTMENT OF HOMELAND SECU- will explain that amendment when we the President’s address to the nation, RITY, OFFICE OF THE SECRETARY, vote at 10:30. Homeland Security Secretary Tom Washington, DC, March 21, 2003. I urge our colleagues to vote no on Ridge announced the administration’s Hon. WILLIAM FRIST, the Schumer amendment. decision to raise our threat assessment Senate Majority Leader, This amendment will have a 15- again to Level Orange. This time, how- Washington, DC. ever, the rise in threat level was ac- DEAR SENATOR FRIST: I appreciate your minute vote, and possibly the next amendment will have 15 minutes, and companied by a broad plan to increase leadership as Congress deliberates the FY security across the country, dubbed 2004 Budget Resolution. I am writing to urge then we will have a series of rollcall ‘‘Operation Liberty Shield.’’ This call you and your colleagues to maintain an ap- votes. We have 10 amendments in the propriate balance between adequate funding queue, and today we will possibly vote to our nation’s domestic troops—our provided for homeland security programs, on a lot of amendments. We urge col- firefighters, policemen, and emergency program levels that can be spent responsibly, leagues, particularly on the second medical personnel—will not go and fiscal discipline. unheeded. As the events of September round, to stay on the floor and to be as The Administration opposes the pending 11 so horribly demonstrated, these attentive as possible because we will Schumer amendment. Substantial additional brave men and women place them- try to stay to the 10-minute timeframe funding levels in the Budget resolution could selves in harm’s way each and every be diverted away from terrorism prepared- to accommodate as many amendments day, and will continue to face any dan- ness and into activities that are tradition- as are necessary. ger to protect the freedoms and the ally funded by state and local governments. I yield the floor. lives of innocent Americans. In a very Defending our homeland is not just about Mr. SARBANES. Mr. President, I rise real sense, our troops abroad and our spending more money. We need to ensure in strong support of the amendment of- that funding provided for ‘‘homeland secu- first responders at home stand together fered by Senator SCHUMER that would rity’’ is truly directed to programs that help to provide for our common defense. protect America against terrorism—the provide $88 billion in desperately need- Law enforcement agencies and fire President’s FY 2004 Budget support these ed funding for homeland security ef- departments across the nation have programs as does the Senate Budget Resolu- forts at the Federal, State, and local been stretched even further by Reserve tion. levels. call-ups. A study by the Department of The FY 2004 budget represents a doubling In the State of Maryland and across of funding for non-defense homeland security Justice has estimated that 44 percent the Nation, State, local, and regional of law enforcement agencies have lost since the September 11th terrorist attacks. authorities have been called upon to This year, the President is requesting $3,558 members to the war effort, and, accord- billion in First Responder funding for ter- meet the mounting challenges we face ing to estimates, 75 percent of the Na- rorism preparedness grants and training and in strengthening our domestic secu- tion’s firehouses are home to reserv- assistance. The Budget also includes $4.8 bil- rity. Many of our local officials have ists. lion for the Transportation Security Agen- accepted this challenge with great re- As we continue to ask more of our cy—this level will fund a complete airport solve, and there have been many im- first responders, the administration screener workforce, maintain nearly 10,000 provements in protecting the American has repeatedly undermined the critical pieces of TSA screening equipment, ensure people against the increased dangers efforts of these brave men and women coverage on commercial aircraft with addi- with which we now live. tional Federal Air Marshals, and assess by consistently refusing to provide the methods for improved screening of air cargo Despite these efforts, homeland secu- resources they need to do their jobs. on commercial flights. More than $1.6 billion rity enhancements remain woefully in- Just as we have made a commitment to is requested for biodefense research. Through adequate, and states, counties, and cit- supporting our troops abroad and pro- this investment and the proposed BioShield ies across the country are stretched to viding them with the most advanced initiative, the President is moving as quick- their financial limits. The U.S. Con- equipment, we must make a more con- ly as possible to research, develop and pro- ference of Mayors and the National crete Federal commitment to our first cure bioterror countermeasures. The Budget League of Cities estimate that over $3 responders. also provides $6.7 billion for DHS’s Bureau of billion has been spent by our cities to- Customs and Border Protection—this level The Assistance to Firefighters Grant will support the continued development of ward terrorism preparedness. An edi- Program has been a highly successful the comprehensive Entry/Exit system, infra- torial in today’s Baltimore Sun high- effort to get much-needed Federal sup- structure and technology investments in- lights the serious costs incurred by the port directly to the nation’s firehouses. cluding remotely operated infrared cameras City of Baltimore, which are estimated The Republican budget proposal directs to monitor isolated border areas, radiation at $12.5 million. Despite the City’s best only $500 million to this critical pro- detection and x-ray machines for inspecting efforts, there remain serious concerns gram. This represents a $250 million cargo containers, and $62 million for the about its readiness for an attack. As cut from the amount enacted for the Container Security Initiative. As I indicated on Wednesday, the President the Sun asserts: current fiscal year, and $400 million intends to send a supplemental appropria- [a]mong them are the inability of Baltimore less than has been authorized by the tions request to Congress in the near future County, Baltimore City, and the Maryland Congress. to support the homeland security efforts of State Police to communicate on a single The National Fire Protection Agen- state and local entities during this time of radio system. Also, many police departments cy, NFPA, has found that a minimum heightened threat. lack sufficient tools for coping with a dis- of four firefighters are needed to safely Sincerely, aster, such as equipment to detect radiation. attack an interior structure fire. The TOM RIDGE. With the commencement of engage- congressionally mandated ‘‘Needs As- Mr. NICKLES. We have to decide, are ment by United States military forces sessment of the U.S. Fire Service,’’ we going to have individual Senators in Iraq, we stand united as a country published jointly by the Federal Emer- come here and say we know best, we and will rally behind the men and gency Management Agency and NFPA ought to give the Secretary—this is a women of our armed forces to give this past December, has shown that new Secretary, a new Department, them the support they deserve. We this personnel target is met in far too where the funding for these items has must and will remain steadfast and res- few cases. I have cosponsored legisla- more than doubled in the last 2 years— olute in our strong backing of the cou- tion, introduced by Senator DODD, enti- a very significant increase. rageous men and women who are being tled the Staffing for Adequate Fire and

VerDate Dec 13 2002 04:06 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G21MR6.006 S21PT1 S4228 CONGRESSIONAL RECORD — SENATE March 21, 2003 Emergency Response Act, or SAFER crease in Federal transit spending and Nelson (NE) Shelby Sununu Nickles Smith Talent Act, which would create a grant pro- dedicates no resources within the budg- Roberts Snowe Thomas gram specifically for the hiring of new et of the Transportation Security Ad- Santorum Specter Voinovich firefighters to address this need. Sen- ministration for transit security. We Sessions Stevens Warner ator SCHUMER’s amendment would pro- owe it to our nation’s transit riders to NOT VOTING—1 vide $11 billion over ten years toward do more. Miller the FIRE and SAFER Acts. This week, the administration again The Republican budget we have be- pledged its support for increased fund- The amendment (No. 299) was re- fore us also cuts programs for state and ing for state and local governments to- jected. local law enforcement by over $1 bil- ward homeland security. We have Mr. NICKLES. Mr. President, I move lion. The Administration has proposed heard many of these pledges over the to reconsider the vote. eliminating the Byrne Grant program, past year, and, unfortunately, the ad- Mr. REID. I move to lay that motion zero funding the COPS hiring program, ministration has repeatedly fallen on the table. The motion to lay on the table was ending the Local Law Enforcement short on its promises. The rhetoric of agreed to. Block Grant Program, canceling the support for our nation’s first respond- The PRESIDING OFFICER. (Mr. COPS in Schools program, and slashing ers and upgrades to our homeland secu- CHAFEE.) The Senator from Oklahoma. the COPS technology program. Senator rity will continue to ring hollow if not Mr. NICKLES. Mr. President, I thank SCHUMER’s amendment would restore accompanied by the resources des- my colleagues. That is the first vote. these unwise cuts. perately needed for these critical ef- We will probably have several votes. This budget does little to address the forts. We have already entered consent that inadequate safeguards to our Nation’s I urge my colleagues to support Sen- the next vote will begin at 10:30. For 361 seaports. One frightening estimate ator SCHUMER’s amendment. If the Con- the information of my colleagues, that suggests that, of the 6 million shipping gress and the administration are to will be on the Cochran amendment. containers that enter the country each enact legislation signaling our com- We allowed this amendment time- year, only two percent are actually in- mitment to securing the homeland, we frame to extend. We are going to be spected. The Port of Baltimore, in my must provide the resources to provide much closer to enforcing the time own State, is one of the busiest sea- even the most basic levels of protec- limit of 10 minutes on the following ports in the nation, handling over 30 tion. We must demonstrate steely re- votes. The next amendment will have a million tons of cargo each year. solve in our efforts to protect our citi- Last November we took a significant 15-minute time limit, but after that we zens and critical infrastructure, and first step in improving port security by expect to enforce the 10-minute time this will not be achieved if the re- passing the Maritime Transportation limit. sources committed to the task are in- Security Act by an overwhelming mar- The PRESIDING OFFICER. The Sen- adequate. gin. I joined 94 of my Senate colleagues ator from North Dakota. The PRESIDING OFFICER (Mr. in supporting the passage of this meas- Mr. CONRAD. Mr. President, so we VOINOVICH). The question is on agreeing ure, and the bill was signed into law by can alert colleagues to what we are to the Schumer amendment No. 299. President Bush soon thereafter. How- faced with today, we have over 100 Mr. SCHUMER. I ask for the yeas ever, while the Administration and my amendments that have been noticed to and nays. Republican colleagues supported the the managers. At three amendments an mandates offered in this legislation, The PRESIDING OFFICER. Is there a hour, maybe a little more than that, they have again failed in providing the sufficient second? four amendments an hour would be 25 funding to fulfill these commitments. There is a sufficient second. hours; three amendments an hour, 35 The U.S. Coast Guard has estimated The clerk will call the roll. hours. So we will ask colleagues to call that the cost to the private sector for The bill clerk called the roll. us and let us know if their amendments port security improvements called for Mr. REID. I announce that the Sen- are that important to them or that in the legislation would total $4.4 bil- ator from Georgia (Mr. MILLER) is nec- they could wait for another day. I urge lion. This budget’s entire allocation for essarily absent. colleagues to talk with their staffs and port security is a meager $200 million. The PRESIDING OFFICER. Are there alert us as to amendments that do not I want to turn for a moment to the any other Senators in the Chamber de- need to be offered today. That is No. 1. security of our Nation’s surface trans- siring to vote? No. 2, when we get into this, we will portation systems. Roughly one-third The result was announced—yeas 45, need to do these votes 10 minutes of terrorist attacks worldwide target nays 54, as follows: apiece, as the chairman has indicated. transportation systems. According to [Rollcall Vote No. 65 Leg.] We will have to be very disciplined to the Mineta Transportation Institute, YEAS—45 do that. That is the only way we can surface transportation systems were Akaka Durbin Leahy get through these amendments in a the target of more than 195 terrorist Bayh Edwards Levin way that will allow us to complete attacks from 1997 to 2000. Clearly, there Biden Feingold Lieberman business on any reasonable schedule. is an acute need to improve the secu- Bingaman Feinstein Lincoln We need to put colleagues on notice Boxer Graham (FL) Mikulski rity of our transportation infrastruc- Byrd Harkin Murray that that is the way the day will have ture, and particularly our nation’s Cantwell Hollings Nelson (FL) to go if we are going to get done. transit systems—buses, subways, fer- Carper Inouye Pryor I yield the floor. Clinton Jeffords Reed ries and light rail—which carry 14 mil- Conrad Johnson Reid Mr. NICKLES. Mr. President, I sug- lion Americans every workday. A re- Corzine Kennedy Rockefeller gest the absence of a quorum. cent GAO study identified significant Daschle Kerry Sarbanes The PRESIDING OFFICER. The security needs at our nation’s transit Dayton Kohl Schumer clerk will call the roll. Dodd Landrieu Stabenow agencies, where, according to the Dorgan Lautenberg Wyden The legislative clerk proceeded to study, ‘‘insufficient funding is the most call the roll. significant challenge in making their NAYS—54 Mr. NICKLES. Mr. President, I ask transit systems as safe and secure as Alexander Cochran Graham (SC) unanimous consent that the order for Allard Coleman Grassley possible.’’ In fact, at only eight of the Allen Collins Gregg the quorum call be rescinded. transit agencies they visited, the GAO Baucus Cornyn Hagel The PRESIDING OFFICER. Without found over $700 million in identified se- Bennett Craig Hatch objection, it is so ordered. Bond Crapo Hutchison curity needs. And yet, the budget reso- Breaux DeWine Inhofe MEASURES PLACED ON CALENDAR—H.R. 5, H.R. lution demonstrates no commitment to Brownback Dole Kyl 975, H.R. 1047, AND H.R. 1308 helping transit systems become more Bunning Domenici Lott Mr. NICKLES. Mr. President, I un- secure. Despite the elevated risk levels Burns Ensign Lugar derstand there are four bills at the Campbell Enzi McCain we are currently experiencing, this Chafee Fitzgerald McConnell desk which are due for a second read- budget provides only a minimal in- Chambliss Frist Murkowski ing.

VerDate Dec 13 2002 04:06 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G21MR6.097 S21PT1 March 21, 2003 CONGRESSIONAL RECORD — SENATE S4229 The PRESIDING OFFICER. The Sen- On page 5, line 4, increase the amount by ness and into activities that are tradition- ator is correct. $1,575,000,000. ally funded by state and local governments. Mr. NICKLES. Mr. President, I ask On page 5, line 5, increase the amount by Defending our homeland is not just about unanimous consent that it be in order $875,000,000. spending more money. We need to ensure On page 5, line 6, increase the amount by that funding provided for ‘‘homeland secu- to read the titles of the bills en bloc. $525,000,000. rity’’ is truly directed to programs that help The PRESIDING OFFICER. Without On page 5, line 7, increase the amount by protect America against terrorism—the objection, it is so ordered. $350,000,000. President’s FY 2004 Budget supports these The clerk will state the bills by title. On page 5, line 8, increase the amount by programs as does the Senate Budget Resolu- The legislative clerk read as follows: $175,000,000. tion. A bill (H.R. 5) to improve patient access to On page 5, line 17, decrease the amount by The FY 2004 budget represents a doubling health care services and provide improved $1,575,000,000. of funding for non-defense homeland security medical care by reducing the excessive bur- On page 5, line 18, decrease the amount by since the September 11th terrorist attacks. den the liability system places on the health $875,000,000. This year, the President is requesting $3,558 care delivery system. On page 5, line 19, decrease the amount by billion in First Responder funding for ter- A bill (H.R. 975) to amend title 11 of the $525,000,000. rorism preparedness grants and training and United States Code, and for other purposes. On page 5, line 20, decrease the amount by assistance. The Budget also includes $4.8 bil- A bill (H.R. 1047) to amend the Harmonized $350,000,000. lion for the Transportation Security Agen- Tariff Schedule of the United States to mod- On page 5, line 21, decrease the amount by cy—this level will fund a complete airport ify temporarily certain rates of duty, to $175,000,000. screener workforce, maintain nearly 10,000 make other technical amendments to the On page 46, line 20, increase the amount by pieces of TSA screening equipment, ensure trade laws, and for other purposes. $3,500,000,000. coverage on commercial aircraft of with ad- A bill (H.R. 1308) to amend the Internal On page 46, line 21, increase the amount by ditional Federal Air Marshals, and assess Revenue Code of 1986 to end certain abusive $1,575,000,000. methods for improved screening of air cargo tax practices, to provide tax relief and sim- On page 47, line 6, increase the amount by on commercial flights. More than $1.6 billion plification, and for other purposes. $875,000,000. is requested for biodefense research. Through On page 47, line 15, increase the amount by Mr. NICKLES. Mr. President, I ask this investment and the proposed BioShield $525,000,000. initiative, the President is moving as quick- unanimous consent that the Senate Mr. COCHRAN. Mr. President, this ly as possible to research, develop and pro- proceed to the measures en bloc and amendment will increase the fiscal cure bioterror countermeasures. The Budget object to further proceeding en bloc. year 2003 totals in the budget resolu- also provides $6.7 billion for DHS’s Bureau of The PRESIDING OFFICER. Objec- tion to provide an additional $3.5 bil- Customs and Border Protection—this level tion having been heard, the bills will be lion in funding for homeland security. will support the continued development of placed on the calendar. Based on information about possible the comprehensive Entry/Exit system, infra- structure and technology investments in- Mr. NICKLES. I thank the Chair. terrorist attacks against U.S. inter- Mr. President, I suggest the absence cluding remotely operated infrared cameras ests, the Secretary of Homeland Secu- to monitor isolated border areas, radiation of a quorum. rity earlier this week raised the na- The PRESIDING OFFICER. The detection and x-ray machines for inspecting tional threat alert level to orange, in- cargo containers, and $62 million for the clerk will call the roll. dicating a higher risk of terrorist at- Container Security Initiative. The assistant legislative clerk pro- tack. We must support the actions As I indicated on Wednesday, the President ceeded to call the roll. being taken across our country to mo- intends to send a supplemental appropria- Mr. NICKLES. Mr. President, I ask tions request to Congress in the near future bilize Federal response assets, unanimous consent that the order for to support the homeland security efforts of strengthen the protection of our trans- the quorum call be rescinded. state and local entities during this time of portation systems, tighten security at The PRESIDING OFFICER. Without heightened threat. our borders and ports, increase public objection, it is so ordered. Sincerely, health preparedness, and improve the TOM RIDGE, Mr. NICKLES. Mr. President, I be- capabilities of first responders. Secretary. lieve the next amendment in order is Secretary Ridge confirmed in a letter the Cochran amendment. The PRESIDING OFFICER. The Sen- today that a supplemental appropria- I yield to the Senator from Mis- ator from Nevada. tions request will be sent to Congress sissippi. Mr. REID. Mr. President, while the The PRESIDING OFFICER. The Sen- by the President in the near future to two managers are listening, we do not ator from Mississippi is recognized. support homeland security efforts. This yet have a unanimous consent agree- amendment will accommodate addi- ment that there will be 1 minute for AMENDMENT NO. 369 tional funding to meet these imme- each side prior to a vote. I am going to Mr. COCHRAN. Mr. President, I have diate homeland security needs, and I ask unanimous consent that that be an amendment at the desk. urge Senators to support it. the case. The PRESIDING OFFICER. The Mr. President, I ask unanimous con- Also, the two managers want to clerk will report. sent that a copy of the letter I de- make sure the Chair enforces the 1- The assistant legislative clerk read scribed addressed to the Honorable minute rule. The only way that can be as follows: WILLIAM FRIST, Senate majority lead- enforced is that the Chair, when the The Senator from Mississippi (Mr. COCH- er, from Tom Ridge be printed in the minute is up, stops the person from RAN) proposes an amendment numbered 369. RECORD. speaking; otherwise, it runs into a Mr. COCHRAN. Mr. President, I ask There being no objection, the mate- minute and a half, 2 minutes, and we unanimous consent that further read- rial was ordered to be printed in the waste a great deal of time. ing of the amendment be dispensed RECORD, as follows: I ask unanimous consent that prior with. DEPARTMENT OF to each vote there be 1 minute on each The PRESIDING OFFICER. Without HOMELAND SECURITY, side, and that be strictly enforced. objection, it is so ordered. Washington, DC, March 21, 2003. The PRESIDING OFFICER. Is there The amendment is as follows: Hon. WILLIAM FRIST, Senate Majority Leader, objection? On page 23, line 15, increase the amount by Mr. NICKLES. Mr. President, reserv- $3,500,000,000. Washington, DC. On page 23, line 16, increase the amount by DEAR SENATOR FRIST: I appreciate your ing the right to object, I would like to $1,575,000,000. leadership as Congress deliberates the FY modify that. This consent agreement On page 23, line 20, increase the amount by 2004 Budget Resolution. I am writing to urge will be for this group of votes we now $875,000,000. you and your colleagues to maintain an ap- have planned. On page 23, line 24, increase the amount by propriate balance between adequate funding Mr. REID. Not this vote right now. $525,000,000. provided for homeland security programs, Mr. NICKLES. For the 10 votes we On page 24, line 3, increase the amount by program levels that can be spent responsibly, have ordered, not necessarily for every $350,000,000. and fiscal discipline. On page 24, line 7, increase the amount by The Administration opposes the pending vote we might have today. We will $175,000,000. Schumer amendment. Substantial additional probably do that later. On page 4, line 14, increase the amount by funding levels in the Budget resolution could The PRESIDING OFFICER. Does the $3,500,000,000. be diverted away from terrorism prepared- Senator modify his request?

VerDate Dec 13 2002 04:06 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G21MR6.010 S21PT1 S4230 CONGRESSIONAL RECORD — SENATE March 21, 2003 Mr. REID. That is fine. Levin Nickles Snowe major military operations, it appears The PRESIDING OFFICER. Without Lieberman Pryor Specter that Presidents have not requested and Lincoln Reed Stabenow objection, it is so ordered. Lott Reid Stevens Congress has not provided funding for Mr. NICKLES. I believe the Senator Lugar Roberts Sununu wars in advance of the start of oper- from New York wants to speak on the McCain Rockefeller Talent ations; rather, administrations have McConnell Santorum amendment. Thomas requested funding after operations Mikulski Sarbanes Voinovich Murkowski Schumer The PRESIDING OFFICER. The Sen- Warner have begun and Congress has subse- Murray Sessions ator from New York. Wyden quently appropriated money to meet Nelson (FL) Shelby Mr. SCHUMER. Mr. President, I am Nelson (NE) Smith specific, documented budget require- surprised at and happy to support the ments. NOT VOTING—3 Cochran amendment. Unlike what I I urge my colleagues to vote no on had been told last night, it does not Daschle Frist Miller the amendment. take the money out of 920. It rather The amendment (No. 369) was agreed The PRESIDING OFFICER (Mr. adds the cap. It is $3.5 billion of home- to. SUNUNU). The question is on agreeing land security money which we very Mr. COCHRAN. I move to reconsider to the Feingold amendment. much need. the vote. Mr. NICKLES. I ask for the yeas and I hasten to add, I do not think $3.5 Mr. NICKLES. I move to lay that mo- nays. billion is enough. Our amendment had tion on the table. The PRESIDING OFFICER. Is there a over $5 billion, and it does not go into The motion to lay on the table was sufficient second? There is a sufficient second. 2004 and the outyears. We have a long agreed to. The yeas and nays were ordered. way to go on homeland security, but Mr. NICKLES. Mr. President, I in- quire of the Parliamentarian how long The PRESIDING OFFICER. The this is a good first step. clerk will call the roll. I am delighted to support the amend- that rollcall lasted. The PRESIDING OFFICER. It lasted The bill clerk called the roll. ment, and I thank the Senator from 211⁄2 minutes. Mr. REID. I announce that the Sen- Mississippi for helping us raise the Mr. NICKLES. For the information of ator from Georgia (Mr. MILLER) is nec- amount of homeland security money. colleagues, the majority leader and mi- essarily absent. The PRESIDING OFFICER. The Sen- nority leader were cut off; in the next The PRESIDING OFFICER. Are there ator from Oklahoma. vote we are going to cut off a lot of any other Senators in the Chamber de- Mr. NICKLES. Mr. President, for the people if they are not here and voting siring to vote? information of our colleagues, this will within 10 minutes. I forewarn our col- The result was announced—yeas 52, be a 15-minute vote. We plan on strict- leagues. I will be fair and bipartisan. nays 47, as follows: ly enforcing this vote at 15 minutes. We will cut off people if they are not [Rollcall Vote No. 67 Leg.] We plan on strictly enforcing the sub- here to vote. We will limit the votes to YEAS—52 sequent rollcall votes at 10 minutes. 10 minutes. Akaka Dorgan Levin The PRESIDING OFFICER. The Baucus Durbin AMENDMENT NO. 270 Lieberman question is on agreeing to the Cochran Bayh Edwards Lincoln The next amendment in order is the amendment No. 369. Biden Feingold McCain Feingold amendment. Bingaman Feinstein Mr. NICKLES. I ask for the yeas and Mikulski Mr. FEINGOLD. This amendment, Boxer Frist Murray nays on the amendment. Breaux Graham (FL) which I offer with Senators CORZINE, Nelson (FL) The PRESIDING OFFICER. Is there a Byrd Harkin Nelson (NE) DURBIN, GRAHAM of Florida, and HOL- Cantwell Hollings Pryor sufficient second? Carper Inouye LINGS, would create a reserve fund to Reed There appears to be a sufficient sec- Chafee Jeffords set aside $100 billion, an amount well Reid ond. Clinton Johnson within the range of available esti- Collins Kennedy Rockefeller The clerk will call the roll. mates, to fund military action and re- Conrad Kerry Sarbanes The assistant legislative clerk called construction in Iraq. We would pay for Corzine Kohl Schumer the roll. Daschle Landrieu Stabenow this by reducing the amount we would Dayton Lautenberg Wyden Mr. McCONNELL. I announce that budget for tax cuts in the period cov- Dodd Leahy the Senator from Tennessee (Mr. ered by the budget resolution. NAYS—47 FRIST) is necessarily absent. No one is certain how much the war Mr. REID. I announce that the Sen- with Iraq will actually cost, but we can Alexander Dole Murkowski Allard Domenici Nickles ASCHLE ator from South Dakota (Mr. D ) be certain such a war will not be free. Allen Ensign Roberts and the Senator from Georgia (Mr. The Center for Strategic and Budg- Bennett Enzi Santorum MILLER) are necessarily absent. etary Assessments estimates that the Bond Fitzgerald Sessions Brownback Graham (SC) Shelby The PRESIDING OFFICER. Are there total cost could range from $129 billion Bunning Grassley any other Senators in the Chamber de- Smith to $683 billion. Today’s Wall Street Burns Gregg Snowe Campbell Hagel siring to vote? Journal reports a supplemental appro- Specter Chambliss Hatch The result was announced—yeas 97, Stevens priations request is expected shortly Cochran Hutchison Sununu nays 0, as follows: that will ask for $80 billion and that Coleman Inhofe Talent [Rollcall Vote No. 66 Leg.] will cover just the first 30 days of the Cornyn Kyl Thomas war. The day before yesterday the Craig Lott YEAS—97 Crapo Lugar Voinovich Akaka Clinton Fitzgerald President said the war may be longer DeWine McConnell Warner and more difficult than some predict. Alexander Cochran Graham (FL) NOT VOTING—1 Allard Coleman Graham (SC) Plainly, we are talking about a major Allen Collins Grassley enterprise and one for which we should Miller Baucus Conrad Gregg Bayh Cornyn Hagel budget. We are in a war. The budget The amendment (No. 270) was agreed Bennett Corzine Harkin must reflect it. This is no time for to. Biden Craig Hatch business as usual. We should prepare The PRESIDING OFFICER. The ma- Bingaman Crapo Hollings responsibly for that which is right be- jority leader. Bond Dayton Hutchison Boxer DeWine Inhofe fore our eyes. I urge my colleagues to Mr. FRIST. Mr. President, I enter a Breaux Dodd Inouye support the amendment. motion to reconsider the last vote. Brownback Dole Jeffords Mr. NICKLES. Mr. President, I urge The PRESIDING OFFICER. The mo- Bunning Domenici Johnson tion is entered. Burns Dorgan Kennedy our colleagues to vote no on this Byrd Durbin Kerry amendment. We asked CRS to do a AMENDMENT NO. 300 Campbell Edwards Kohl study on how we funded wars in the The PRESIDING OFFICER. The Cantwell Ensign Kyl past, and did we do it in advance. Based clerk will report the next amendment. Carper Enzi Landrieu Chafee Feingold Lautenberg on the examination of previous re- The assistant legislative clerk read Chambliss Feinstein Leahy views, fronting for wars and other as follows:

VerDate Dec 13 2002 05:30 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G21MR6.013 S21PT1 March 21, 2003 CONGRESSIONAL RECORD — SENATE S4231 The Senator from New Jersey [Mr. LAU- fund for national defense and homeland our force structure and the importance TENBERG], for himself and Mr. SCHUMER, pro- security. The amendment is necessary of maintaining funding levels for the poses an amendment numbered 300. because the budget resolution actually Department presently and for the fore- The amendment is as follows: cuts defense spending by $103 billion seeable future, I cannot agree with any (Purpose: To restore national security below the President’s request over that proposal which will reverse the impor- funding) 10-year window. That is according to tant gains that we have made. At the end of Subtitle B of Title II, insert CBO and SBC. From 2004 through 2008, I believe we must oppose any attempt the following: the Republican budget assumes defense to decrease essential funding for our ‘‘SEC. ll. RESERVE FUND FOR NATIONAL SECU- spending at the level requested by the national defense in order to paper over RITY. President. But the last 5 years of the the fiscal havoc that the President’s ‘‘In the Senate, the Chairman of the Com- budget window, from 2009 through 2013, proposed tax cuts cause. It is irrespon- mittee on the Budget may increase aggre- sible to, when we are at war, when the gates, functional totals, allocations, and the Republican budget resolution cuts $103 billion below the level CBO esti- challenges that our men and women in other appropriate levels in this resolution by uniform face are so omnipresent, con- up to $103,500 billion in Budget Authority mates. and $88,036 billion in Outlays for fiscal years I ask that my friends on the Repub- template slashing the future funds that 2004 through 2013 for a bill, joint resolution, lican side of the aisle be very careful will make it possible for them to main- amendment, or conference report providing when they look at the Republican mes- tain their dominance into the next dec- additional resources for defense or homeland sage. It says the Lautenberg amend- ade. security.’’ ment reduces the growth package by I direct my colleagues’ attention to On page 45, line 24, decrease the amount by $103 billion in budget authority and $88 the Senate Republican budget resolu- $88,036,000,000. tion, which cuts defense spending after On page 3, line 15, increase the amount by billion in outlays. They don’t say that the budget comes from the tax cuts. 2009 by more than a $100 billion—$100 $4,303,000,000. billion. On page 3, line 16, increase the amount by Mr. LIEBERMAN. Mr. President, today, as the hearts and minds of all The resolution calls for a $6.5 billion $11,094,000,000. drawdown in 2009 from the funding On page 3, line 17, increase the amount by Americans are with our brave men and $17,704,000,000. women in uniform who are embarking level that the Congressional Budget Of- fice estimates as required for the main- On page 3, line 18, increase the amount by on the most perilous of journeys, I rise $24,209,000,000. tenance of the 2008 spending levels. In to speak in support of Senator LAUTEN- On page 3, line 19, increase the amount by 2010 that shortfall would be $15.5 bil- BERG’s amendment and fulfill what I $30,726,000,000. lion. A year later it is a $21.0 billion see as one of the most important duties On page 4, line 6, increase the amount by shortfall. A year later it grows to $27.5 $4,303,000,000. of any Senator. The Constitution of the United billion. By 2013 the amount is $34.0 bil- On page 4, line 7, increase the amount by lion. $11,094,000,000. States invests the President with the And why? To try to correct the fiscal On page 4, line 8, increase the amount by authority of the Commander in Chief, damage the tax cuts have put us in. $17,704,000,000. but it also establishes the Congress as Now, I think we are all in agreement On page 4, line 9, increase the amount by the guarantor of the quality and size of with Chairman NICKLES that the $24,209,000,000. the Army, the Navy, the Air Force, and On page 4, line 10, increase the amount by record-setting deficits that will be the $30,726,000,000. the Marines because it is the Congress bitter fruit of the President’s tax cuts On page 4, line 20, increase the amount by that authorizes the expenditure of need to be dealt with. But to deal with $6,500,000,000. moneys to fund the military. As Sen- them by cutting moneys that will fuel On page 4, line 21, increase the amount by ators we have a great responsibility to our planes, feed our marines, steam our $14,500,000,000. watch over those who man the walls of ships, and arm our weapons is unfortu- On page 4, line 22, increase the amount by our Nation’s defenses. $21,000,000,000. nate indeed. I challenge the proponents Along the Iraq-Kuwait border the of this plan to go out into the Kuwaiti On page 4, line 23, increase the amount by U.S. military is striking. Our Armed $27,500,000,000. desert and stand in front of a U.S. pla- On page 4, line 24, increase the amount by Forces are engaged the world over in a toon, and tell them that the future $34,000,000,000. fight against terror. Our uniformed funding that is to secure them better On page 5, line 10, increase the amount by commanders have testified before us communications gear or more money $4,303,000,000. that not since the Second World War to fund training or better body armor On page 5, line 11, increase the amount by has the U.S. military been so dispersed; is being cut. Cut because the Senate $11,094,000,000. not since that conflict have our Armed On page 5, line 12, increase the amount by majority refuses to take the President Forces been engaged with the enemy in to task for pursuing fiscally irrespon- $17,704,000,000. so many locales and climes. My col- On page 5, line 13, increase the amount by sible tax cuts on the eve of a war, and $24,209,000,000. leagues and I on the Senate Armed in the midst of an international cam- On page 5, line 14, increase the amount by Services Committee are aware of the paign against terror. $30,726,000,000. difficulties our soldiers, sailors, air- The amendment that I rise in support On page 42, line 22, increase the amount by men, and marines and their families of offers another way. Let’s carve out a $6,500,000,000. face as a result of these strenuous de- $103.5 billion fund from the $1.4 trillion On page 42, line 23, increase the amount by ployments. We have applauded the De- tax cut and use it to create a des- $4,303,000,000. partment of Defense’s efforts to ad- ignated fund for the defense of our Na- On page 43, line 2, increase the amount by dress the quality of life of its troops. $14,500,000,000. tion’s security. In doing so we will On page 43, line 3, increase the amount by Following in the best traditions of this serve to offset the proposed reductions $11,094,010,000. Chamber, we have worked together in a in defense spending set forth in the On page 43, line 6, increase the amount by truly bipartisan fashion to increase Budget Resolution. By our actions we $21,000,000,000. military pay levels. We have addressed will prevent the diversion of cash from On page 43, line 7, increase the amount by spousal benefits and we will, in the up- accounts that fund the defense of this $17,704,000,000. coming months of this Congress, de- country to an ill-considered, non- On page 43, line 10, increase the amount by bate, and I hope determine once and for stimulative tax cut. $27,500,000,000. all the issue of concurrent receipt. We are at war. Our military, the On page 43, line 11, increase the amount by $24,209,000,000. Year after year we strive to provide most powerful professional armed force On page 43, line 14, increase the amount by funding to equip our forces with the ever arrayed on the face of the earth is $34,000,000,000. most advanced technology the world shouldering a heavy burden. To discuss On page 43, line 15, increase the amount by has ever seen. cutting the very funding that will keep $30,726,000,000. Therefore, Mr. President, as a mem- them the preeminent military force is The PRESIDING OFFICER. There ber of the Senate Armed Services Com- more than poor politics—it is irrespon- are now 2 minutes evenly divided. mittee, as a strong supporter of our sible. I like to think that what Lincoln Mr. LAUTENBERG. Mr. President, Armed Forces, as one who recognizes called ‘‘the better angels of our na- my amendment establishes a reserve the strain of current operations upon ture’’ still, in these troubled times,

VerDate Dec 13 2002 05:30 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G21MR6.017 S21PT1 S4232 CONGRESSIONAL RECORD — SENATE March 21, 2003 hold sway over our baser instincts. I The legislative clerk read as follows: league from North Dakota, Senator urge you to support this amendment. The Senator from South Carolina (Mr. CONRAD, who rightfully attempted to The PRESIDING OFFICER. Who HOLLINGS) proposes an amendment numbered enforce patriotic pause on this very yields time? 265. point. The Senator Oklahoma. Mr. HOLLINGS. Mr. President, I ask This budget repudiates our commit- Mr. NICKLES. I urge my colleagues unanimous consent that further read- ment to fight the evil of terrorism to vote no on the amendment. This is a ing of the amendment be dispensed within our own borders. It fails to ade- good reason that maybe we should not with. quately fund homeland security, which have 10-year budgets. He assumes we The PRESIDING OFFICER. Without is why I am a cosponsor of the amend- should increase spending in some areas objection, it is so ordered. ment offered by my friend from New instead of defense, but there is not one (The amendment is printed in the York, Senator SCHUMER, who has re- line item that says 050. Nothing would RECORD of Tuesday, March 18, 2003, quested that $88 billion be provided increase money in defense under this under ‘‘Text of Amendments.’’) over 11 years for urgent homeland secu- resolution. It would increase taxes. It The PRESIDING OFFICER. The Sen- rity needs, including immediate fund- would increase spending, unspecified ator from South Carolina is recognized. ing for those on the home front—first spending. There will be 2 minutes of debate responders, firefighters, port, border I urge my colleagues to vote no on evenly divided. and transportation security. I also ap- the Lautenberg amendment. Mr. HOLLINGS. Mr. President, if you plaud the provisions for bioterrorism The PRESIDING OFFICER. The turn to page 6 of the budget, you will preparedness and threat and critical in- question is on agreeing to amendment see that for the fiscal year we are pro- frastructure assessment. At a time when threats to U.S. civilians within No. 300. jecting going into the red $484 billion; our borders are very real, we must not Mr. REID. Mr. President, I ask for for 2004, $582 billion; for 2005, $556 bil- abandon, for the sake of tax cuts, our the yeas and nays. lion. So for the 3-year period, that is resolve to ensure the peace of mind of The PRESIDING OFFICER. Is there a $1.5 trillion going into the red. That is families at home and individuals in sufficient second? $1.5 trillion of stimulus. If anybody wants to talk growth, you their workplaces—many who are pray- There appears to be a sufficient sec- ing for loved ones fighting in our ond. The clerk will call the roll. know dividends and the estate tax are not going to stimulate anything. This armed services abroad. The assistant legislative clerk called This resolution calls for tax cuts that is $l.5 trillion of stimulus. The only the roll. will do nothing to stimulate the econ- thing that grows in this budget is the Mr. REID. I announce that the Sen- omy, but would worsen the progres- ator from Georgia (Mr. MILLER) is nec- debt. So for those who are responding sivity of the Tax Code. It would also essarily absent. to the needs of the country, trying to rob our most important investment of The PRESIDING OFFICER. Are there get us to sober up and get back on required resources, and that is the in- any other Senators in the Chamber de- track and get ahold of ourselves and vestment in the education of America’s siring to vote? quit running these horrendous deficits children. We should be sending the The result was announced—yeas 46, and spending Social Security, vote aye; message to our children that we will do nays 53, as follows: for those responding to the needs of the all we can to give them the knowledge [Rollcall Vote No. 68 Leg.] campaign, vote no. and tools to be able to meet future YEAS—46 Mr. NICKLES. Mr. President, I urge challenges that will face this country, my colleagues to vote no on this Akaka Edwards Lieberman when we in this body are long gone. In- Bayh Feingold Lincoln amendment. This amendment says stead, if we pass additional tax cuts, we Biden Feinstein McCain there will be no growth package. It im- are saying that we will place political Bingaman Graham (FL) Mikulski plies a tax increase in 2011, 2012, and gain over a solid start in life for young Boxer Harkin Murray 2013. That means a 10-percent rate Byrd Hollings Americans. This is why I voted for the Nelson (FL) would go to 15 percent; the child credit Cantwell Inouye Pryor amendment proposed by my colleague Carper Jeffords Reed that would be $1,000 will fall back to from Washington State, Senator MUR- Clinton Johnson Reid $500; the marriage penalty would be in- Conrad Kennedy RAY, along with others, that would Rockefeller Corzine Kerry creased. have provided an $8.9 billion increase in Sarbanes Daschle Kohl I urge my colleagues to vote no. education funding, as well as $8.9 bil- Dayton Landrieu Schumer Mr. AKAKA. Mr. President, I rise Stabenow lion for deficit reduction out of funding Dodd Lautenberg today to voice my disagreement with Dorgan Leahy Wyden designated for tax cuts. This funding Durbin Levin the priorities set forth in the budget increase sought to fully fund the No resolution we have been debating, and NAYS—53 Child Left Behind Act. We only began support for the amendments offered by to fulfill some of the promises we made Alexander Crapo McConnell my colleagues from South Carolina and Allard DeWine Murkowski in passing this sweeping education re- Allen Dole Nelson (NE) New York, Senators HOLLINGS and form law through the fiscal year 2003 Baucus Domenici Nickles SCHUMER. With our Nation at war, we appropriations process. We cannot let Bennett Ensign Roberts must do all we can to support our this investment waver in fiscal year Bond Enzi Santorum Breaux Fitzgerald troops, ensure that our homeland is se- 2004. Sessions cure, and continue our emphasis on sig- Brownback Frist Shelby Finally, I oppose efforts to decrease Bunning Graham (SC) Smith nificant domestic priorities, such as Federal revenues sorely needed to en- Burns Grassley Snowe education and health care. This is why Campbell Gregg sure that all Medicare beneficiaries Specter Chafee Hagel I believe it would be unwise to enact have access to the comprehensive pre- Chambliss Hatch Stevens further tax cuts that would pit these scription drug program that they de- Sununu Cochran Hutchison priorities against each other for lim- serve. Far too many seniors are cur- Coleman Inhofe Talent Collins Kyl Thomas ited Federal dollars and lead us further rently unable to afford the costs of the Cornyn Lott Voinovich down the path to fiscal irrespon- prescription drugs that their doctors Craig Lugar Warner sibility. prescribe. Seniors must be able to ob- NOT VOTING—1 We have commenced military oper- tain meaningful prescription drug cov- ations against an enemy who has defied Miller erage through the traditional Medicare efforts at international diplomacy. Program. I supported the amendment The amendment (No. 300) was re- Without a doubt, these efforts will sponsored by my colleagues, Senators jected. come at substantial cost which is not BOB GRAHAM, DORGAN, and STABENOW, AMENDMENT NO. 265 reflected in this budget. Proponents which would have made sure that a (Purpose: To eliminate tax cuts) must rely on budget tactics to show Medicare prescription drug benefit is The PRESIDING OFFICER. The that we can allow additional tax cuts adequately funded, by increasing the clerk will report the amendment No. to be passed. I would like to associate Medicare reserve fund by approxi- 265. my comments with those of my col- mately $220 billion. The amendment

VerDate Dec 13 2002 05:30 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G21MR6.037 S21PT1 March 21, 2003 CONGRESSIONAL RECORD — SENATE S4233 would also have guaranteed that par- are the Sarbanes amendment and the Mr. BYRD. Or reading can be dis- ticipants in traditional Medicare re- Crapo amendment. I believe they have pensed with. We have not heard the ceive the same prescription drug ben- been able to work something out. I reading of the amendment. efit as beneficiaries that enroll in pri- thank them for that. We will save con- The PRESIDING OFFICER. The vate Medicare health plans. The fund- siderable time. I yield to the Senator clerk will read the amendment. ing should be included in the budget from Maryland for a comment. The legislative clerk read as follows: resolution to adequately protect our The PRESIDING OFFICER. The Sen- The Senator from Idaho [Mr. CRAPO] pro- Nation’s seniors against the increasing ator from Maryland. poses an amendment numbered 317. costs of prescription drugs instead of to Mr. SARBANES. Mr. President, I will Mr. CRAPO. Mr. President, I ask accommodate additional tax cuts. The be very quick. Senator CRAPO and I unanimous consent that the reading of Graham-Dorgan-Stabenow amendment have been in discussions. We have the amendment be dispensed with. would have reduced the size of the tax reached an accord which will enable The PRESIDING OFFICER. Without cuts in the budget resolution by ap- the managers to accept the amend- objection, it is so ordered. proximately $400 billion and provided a ment. This is directed to providing ad- The amendment is as follows: clear choice between additional tax ditional funding for the State revolving (Purpose: To increase funding for the EPA cuts or a meaningful prescription drug fund dealing with clean water and safe for Clean Water State Revolving Fund and benefit. drinking water. There is an over- the Safe Drinking Water State Revolving The time has come to face our fiscal whelming need. The Federal involve- Fund) responsibilities honestly. Tax cuts are ment is a leveraging involvement for On page 16, line 11, increase the amount by not the answer at this point in our Na- State and local governments to help $3,009,000,000. On page 16, line 12, increase the amount by tion’s history. I join with Senator HOL- address this important issue. $150,000,000. LINGS and other colleagues in opposi- I am pleased to work with Senator On page 16, line 16, increase the amount by tion to the passage of additional tax CRAPO. We have come to a positive con- $451,000,000. cuts that would steal much needed rev- clusion. On page 16, line 20, increase the amount by enues at a time of great need. I owe it Mr. NICKLES. Mr. President, I ask $903,000,000. to the people of Hawaii and we owe it unanimous consent to withdraw the On page 16, line 24, increase the amount by to the people of America. Sarbanes amendment. $903,000,000. Mr. HOLLINGS. Mr. President, I ask The PRESIDING OFFICER. Without On page 17, line 3, increase the amount by $451,000,000. for the yeas and nays. objection, it is so ordered. Mr. NICKLES. Mr. President, I yield On page 42, line 2, decrease the amount by The PRESIDING OFFICER. Is there a $3,009,000,000. sufficient second? to the Senator from Idaho for his On page 42, line 3, decrease the amount by There is a sufficient second. amendment. $150,000,000. The clerk will call the roll. AMENDMENT NO. 317 On page 42, line 7, decrease the amount by The legislative clerk called the roll. The PRESIDING OFFICER. The Sen- $451,000,000. Mr. REID. I announce that the Sen- ator is recognized for 1 minute. On page 42, line 11, decrease the amount by ator from Georgia (Mr. MILLER) is nec- Mr. CRAPO. Mr. President, I also ap- $903,000,000. On page 42, line 15, decrease the amount by essarily absent. preciate Senator SARBANES and the The PRESIDING OFFICER. Are there $903,000,000. other Senators in the Chamber who are On page 42, line 19, decrease the amount by any other Senators in the Chamber de- so involved in working on this critical $451,000,000. siring to vote? issue. Our water infrastructure needs Mr. JEFFORDS. Mr. President, I am The result was announced—yeas 22, in this Nation are crying out for atten- nays 77, as follows: pleased to be a cosponsor of the amend- tion. This is one of those areas we have ment offered by the Senators from [Rollcall Vote No. 69 Leg.] to address in the budget. We have the YEAS—22 Maryland and the Senator from Flor- kind of need that requires us to be fo- ida. Akaka Durbin Kennedy cused and unified. Today, we know that our Nation’s Biden Feingold Lautenberg I am very pleased we were able to Boxer Feinstein waters are at risk. We have made Leahy come together on an amendment today Byrd Graham (FL) Levin progress since the days of the early Carper Harkin Rockefeller that will help us begin the process of 1970s when textile mills in Vermont Chafee Hollings Sarbanes addressing the crying need in our Na- turned river water the ‘‘color of the Corzine Inouye tion’s infrastructure for water systems. Dodd Jeffords day’’ that was being used in the mill. It I thank the Chair. is almost unimaginable that waste- NAYS—77 The PRESIDING OFFICER. The Sen- water would move directly from homes Alexander Dole Mikulski ator from Oklahoma. Allard Domenici Murkowski Mr. NICKLES. Mr. President, I am and businesses, untreated, into our riv- Allen Dorgan Murray not sure we called up the Crapo amend- ers and streams. Baucus Edwards Nelson (FL) ment. We withdraw the Sarbanes Our towns and cities, along with the Bayh Ensign Nelson (NE) Federal Government, have invested bil- Bennett Enzi Nickles amendment. I do not believe we called Bingaman Fitzgerald Pryor up the Crapo amendment. lions of dollars over the last 30 years to Bond Frist Reed build the infrastructure to treat our Breaux Graham (SC) The PRESIDING OFFICER. The Reid clerk will report the amendment. wastewater and drinking water. How- Brownback Grassley Roberts Bunning Gregg ever, even with those investments, we Santorum The legislative clerk read as follows: Burns Hagel Schumer The Senator from Idaho [Mr. CRAPO], for continue to fail to fully protect our wa- Campbell Hatch Sessions himself and Mr. SARBANES, proposes an ters from pollution. Cantwell Hutchison Shelby Chambliss Inhofe amendment numbered 317. The EPA estimates that over 40 per- Clinton Johnson Smith The PRESIDING OFFICER. The Sen- cent of our Nation’s waters are im- Cochran Kerry Snowe paired. That is close to half of our Na- Specter ator from Oklahoma. Coleman Kohl tion’s waters. Lingering problems such Collins Kyl Stabenow Mr. NICKLES. Mr. President, I ask Conrad Landrieu Stevens unanimous consent that the Crapo-Sar- as combined sewer overflows and ongo- Cornyn Lieberman Sununu banes amendment be modified to in- ing challenges such as nonpoint source Talent Craig Lincoln clude Senator SARBANES as a cospon- pollution continue to require our at- Crapo Lott Thomas Daschle Lugar Voinovich sor. I thank my friend and colleague tention. Dayton McCain Warner from Maryland for his leadership and The progress we have made over the DeWine McConnell Wyden willingness to work together. I am glad last 30 years stands on the brink of The amendment (No. 265) was re- we can accept it, and I think we can evaporation as the extensive water and jected. have a voice vote. wastewater infrastructure we have The PRESIDING OFFICER. The Sen- Mr. BYRD. Mr. President, may we built is nears the end of its useful life. ator from Oklahoma. hear the reading of the amendment? There are a number of estimates of the Mr. NICKLES. Mr. President, the The PRESIDING OFFICER. The current funding gap in the areas of next two amendments that are in order clerk will read the amendment. water and wastewater infrastructure.

VerDate Dec 13 2002 05:30 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G21MR6.038 S21PT1 S4234 CONGRESSIONAL RECORD — SENATE March 21, 2003 The EPA estimates a $535 billion gap On September 30, 2002, the Environmental sources continue to pose serious threats to between current spending and pro- Protection Agency (EPA) released a Clean our nation’s waters, endangering not only jected needs for water and wastewater Water and Drinking Water Infrastructure public health, but also fishing and recreation infrastructure over the next 20 years if Gap Analysis which found that there will be industries. Population growth and develop- additional investments are not made. a $535 billion gap between current spending ment are placing additional stress on the na- and projected needs for water and waste- tion’s water infrastructure and its ability to According to the Congressional Budg- water infrastructure over the next 20 years if sustain hard-won water quality gains. et Office, the spending gap for clean additional investments are not made. This Today, maintaining clean, safe water re- water needs is estimated to be between figure does not even account for investments mains one of our greatest national and glob- $132 billion and $388 billion over 20 necessary to meet water quality goals in nu- al challenges. years and the spending gap for drink- trient impaired waters. As Administrator On September 30, 2002, the EPA released a ing water needs at between $70 billion Whitman pointed out, ‘‘(t)he magnitude of Clean Water and Drinking Water Infrastruc- and $362 billion over 20 years. the challenge America faces is clearly be- ture Gap Analysis which found that there It is not solely the Federal Govern- yond the ability of any one entity to ad- will be a $535 billion gap between current ment’s responsibility to fill this gap. dress.’’ spending and projected needs for water and However, it is the Federal Govern- It is vital that the Federal government wastewater infrastructure over the next 20 maintain a strong partnership with states ment’s responsibility to provide a rea- years if additional investments are not and local governments in averting this mas- made. As Administrator Whitman pointed sonable investment in water infra- sive projected funding gap and share in the structure, given the size of the antici- out,’’ . . . (t)he magnitude of the challenge burden of maintaining and improving the na- America faces is clearly beyond the ability pated needs. The budget before us tion’s water infrastructure. An increase in of any one entity to address.’’ today fails to meet that responsibility. funding for the Clean Water SRF to $3.2 bil- In May 2002, the Congressional Budget Of- lion and for the Drinking Water SRF to $2 Those supporting the budget will say fice released a report that estimated the billion in fiscal 2004 is the first step nec- that it provides level funding for the spending gap for clean water needs between essary to meet the Federal government’s Clean Water and the Drinking Water $132 billion and $388 billion over 20 years and longstanding commitment in this regard. SRF. Thank you for your consideration. The Ad- the spending gap for drinking water needs at They will say that the President’s ministration’s leadership is needed to ensure between $70 billion and $362 billion over 20 budget had such a low request for the that our communities’ water resources are years. Clean Water SRF in particular—one- kept clean and safe. We are now writing to you asking that the half of traditional funding levels—that Sincerely, Senate Budget Committee take the first the funding level in this budget is an Paul S. Sarbanes; Jack Reed; Jim Jef- steps needed to demonstrate leadership in accomplishment. fords; Carl Levin; John F. Kerry; helping our communities’ keep our water re- The fact that the President failed to George V. Voinovich; Susan Collins; sources clean and safe by increasing the recognize our water infrastructure Jeff Bingaman; Barbara A. Mikulski; budget allocation for Clean Water and Drink- ing Water SRFs to $5.2 billion. needs and requested such an inad- Arlen Specter. equate amount of funding does not jus- John Breaux; Debbie Stabenow; Tom It is vital that the Federal government Harkin; Jon S. Corzine; Evan Bayh; maintains a strong partnership with states tify the same failure by the Congress. Lincoln Chafee; Gordon Smith; Blanch and local governments in averting this mas- I know that many Members of the L. Lincoln; Ted Kennedy; Chris Dodd; sive projected funding gap and share in the Senate share this view. In December Mike DeWine; Hillary Rodham Clinton. burden of maintaining and improving the na- 2002, Senators SARBANES and VOINOVICH Ron Wyden; John Rockefeller; Barbara tion’s water infrastructure. An increase in and 38 Members of the Senate from Boxer; Joe Biden; Maria Cantwell; J. funding for the Clean Water SRF to $3.2 bil- both sides of the aisle sent a letter to Lieberman; Dick Durbin; Mark Dayton; lion and for the Drinking Water SRF to $2 the President asking him to provide Dianne Feinstein; Olympia Snowe. billion in fiscal year 2004 is the first step nec- $3.2 billion for the Clean Water SRF Patrick Leahy; George Allen; Robert C. essary to meet the Federal government’s and $2 billion for the Drinking Water Byrd; Tom Daschle; Chuck Schumer; longstanding commitment in this regard. Tom Carper. SRF. Thank you for your consideration. I ask unanimous consent that this Mr. JEFFORDS. Mr. President, the Sincerely, Jim Jeffords; George Voinovich; Tom letter be printed in the RECORD. President ignored this request. There being no objection, the mate- On March 7, I joined Senators SAR- Daschle; Ted Kennedy; John F. Kerry; George Allen; Carl Levin; Paul Sar- rial was ordered to be printed in the BANES, VOINOVICH, and thirty-seven Members from both sides of the aisle in banes; Bob Graham; Lincoln Chafee; RECORD, as follows: Olympia Snowe; Hillary Rodham Clin- U.S. SENATE, sending a letter to the Budget Com- ton; Patrick Leahy; Mike DeWine. Washington, DC, December 10, 2002. mittee asking for these same funding Jack Reed; Barbara A. Mikulski; John The PRESIDENT, levels. Breaux; Debbie Stabenow; Arlen Spec- The White House, I ask unanimous consent that this ter; Max Baucus; Barbara Boxer; Joe Washington, DC. letter be printed in the RECORD. Biden; Daniel K. Akaka; Christopher DEAR MR. PRESIDENT: As you prepare your There being no objection, the mate- Dodd; Charles Schumer; Joseph fiscal 2004 budget, we urge you to make in- Lieberman; John Rockefeller; Jeff vestment in clean water infrastructure a top rial was ordered to be printed in the Bingaman; Blanche Lincoln; Dick Dur- environmental and public health priority. RECORD, as follows: bin; Susan Collins; Harry Reid; John Specifically, we ask that you provide for at U.S. SENATE, Warner; Maria Cantwell. least a $3.1 billion increase above the Fiscal Washington, DC, March 7, 2003. 2003 request of $2.1 billion in the Clean Water Hon. DON NICKLES, Mr. JEFFORDS. Mr. President, the and Safe Drinking Water State Revolving Chairman, Senate Budget Committee. committee responded and provided a Funds (SFR) to help states and local commu- Hon. KENT CONRAD, slight increase over the President’s re- nities meet water quality standards and re- Ranking Member, Senate Budget Committee. quest. I thank the committee for that. store the health and safety of our nation’s DEAR SENATORS NICKLES AND CONRAD: As waters. you prepare the fiscal year 2004 budget, we However, that slight increase comes This year marks the 30th Anniversary of urge you to make clean water and drinking nowhere close to meeting the huge the landmark Clean Water Act. Despite im- water infrastructure a top environmental water infrastructure funding gap. It portant progress over the last three decades, and health priority. Specifically, we ask that comes nowhere close to meeting the more than 40 percent of our nation’s lakes, you provide for at least a $3.5 billion increase funding levels that were endorsed twice rivers and streams are still too impaired for above the fiscal year 2004 request of $1.7 bil- by over one-third of the Senate. fishing or swimming. Discharges from aging lion for the Clean Water and Safe Drinking and failing sewerage systems, urban storm Water Revolving Funds (SRF) to help states Now is the time to increase funding water and other sources, continue to pose se- and local communities meet water quality for water infrastructure, not decrease rious threats to our nation’s waters, endan- standards and restore the health and safety it. We have the opportunity today to gering not only public health, but fishing of our nation’s waters. make an investment in our Nation’s and recreation industries. Population growth Despite important progress over the last water infrastructure that will protect and development are placing additional three decades, the Environmental Protection the gains we have made in the last 30 stress on the nation’s water infrastructure Agency reports that more than 40 percent of and its ability to sustain hard-won water our nation’s lakes, rivers, and streams are years. Without this investment, we run quality gains. Today, maintaining clean, safe still too impaired for fishing or swimming. the risk of actually increasing the water remains one of our greatest national Discharges from aging and failing sewage number of polluted waters in the coun- and global challenges. systems, urban storm water and other try.

VerDate Dec 13 2002 05:30 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\A21MR6.021 S21PT1 March 21, 2003 CONGRESSIONAL RECORD — SENATE S4235 Before I close, I want to say a word Mr. CONRAD. Mr. President, I, too, On page 4, line 24, increase the amount by about the economy. We must take ac- thank our colleagues. Maybe this $17,131,000,000. tion to prevent our economy from fal- serves as a good example of how we On page 5, line 5, increase the amount by $35,000,000. tering. Investment in water infrastruc- might proceed. On page 5, line 6, increase the amount by ture is estimated to create 40,000 jobs AMENDMENT NO. 376 $1,173,000,000. for every billion dollars invested. We Mr. CONRAD. Mr. President, I send On page 5, line 7, increase the amount by are proposing to invest $5.2 billion in an amendment to the desk and ask for $2,835,000,000. the State revolving funds. The States its immediate consideration. On page 5, line 8, increase the amount by will provide a 20 percent match of just The PRESIDING OFFICER. The $4,585,000,000. On page 5, line 9, increase the amount by over $1 billion. This could create up clerk will report. over 200,000 jobs. $6,335,000,000. The senior assistant bill clerk read as On page 5, line 10, increase the amount by I urge my colleagues to support the follows: $8,085,000,000. amendment proposed by the Senator of The Senator from North Dakota [Mr. On page 5, line 11, increase the amount by Maryland. CONRAD] proposes an amendment numbered $9,835,000,000. By voting aye on this amendment, we 376. On page 5, line 12, increase the amount by can take direct action to improve both Mr. CONRAD. Mr. President, I ask $11,585,000,000. the State of our Nation’s waters and On page 5, line 13, increase the amount by unanimous consent that the reading of $13,335,000,000. the state of our Nation’s economy. the amendment be dispensed with. Mr. BOND. Mr. President, I support On page 5, line 14, increase the amount by The PRESIDING OFFICER. Without $15,078,000,000. my friend’s amendment to increase objection, it is so ordered. On page 25, line 16, increase the amount by Federal funding to $5.2 billion next The amendment is as follows: $1,750,000,000. year to help local communities provide (Purpose: To provide full funding for the In- On page 25, line 17, increase the amount by our families and businesses with safe dividuals with Disabilities Education Act $35,000,000. On page 25, line 20, increase the amount by drinking water and clean waste water. (IDEA) part B grants over ten years by re- $3,500,000,000. Our water pipes are aging and falling ducing tax breaks for the wealthiest tax- On page 25, line 21, increase the amount by into disrepair. New regulations to treat payers) $1,173,000,000. stormwater are placing a huge burden On page 3, line 10, increase the amount by On page 25, line 24, increase the amount by on localities. Growth across the coun- $35,000,000. $5,250,000,000. try, especially in the South and West, On page 3, line 11, increase the amount by On page 25, line 25, increase the amount by requires additional water funding. $1,173,000,000. $2,835,000,000. In my own State of Missouri, we have On page 3, line 12, increase the amount by On page 26, line 3, increase the amount by small communities such as Pickering $2,835,000,000. $7,000,000,000. On page 3, line 13, increase the amount by On page 26, line 4, increase the amount by of no more than 150 people that still $4,585,000,000. lack sewer systems. Mid-size cities $4,585,000,000. On page 3, line 14, increase the amount by On page 26, line 7, increase the amount by such as Lebanon have tripled water $6,335,000,000. $8,750,000,000. rates and still can’t afford new EPA On page 3, line 15, increase the amount by On page 26, line 8, increase the amount by regulations. Even our large cities such $8,085,000,000. $6,335,000,000. as St. Louis face many of the problems On page 3, line 16, increase the amount by On page 26, line 11, increase the amount by our aging eastern urban areas face. A $9,835,000,000. $10,500,000,000. recent series of articles in the St. On page 3, line 17, increase the amount by On page 26, line 12, increase the amount by $11,585,000,000. Louis Post Dispatch highlighted St. $8,085,000,000. On page 3, line 18, increase the amount by On page 26, line 15, increase the amount by Louis still using sewer pipes more than $13,335,000,000. $12,250,000,000. 100 years old and made of wood. On page 3, line 19, increase the amount by On page 26, line 16, increase the amount by This crisis is too great for local com- $15,078,000,000. $9,835,000,000. munities to bear alone. Experts esti- On page 4, line 1, increase the amount by On page 26, line 19, increase the amount by mate the funding gap between what we $35,000,000. $14,000,000,000. as a Nation contribute and what is On page 4, line 2, increase the amount by On page 26, line 20, increase the amount by needed to clean and provide safe water $1,173,000,000. $11,585,000,000. On page 4, line 3, increase the amount by On page 26, line 23, increase the amount by at $500 billion over 20 years. $2,835,000,000. $15,750,000,000. That’s $25 billion per year. The Fed- On page 4, line 4, increase the amount by On page 26, line 24, increase the amount by eral Government can’t close that gap $4,585,000,000. $13,335,000,000. alone, but we must provide more than On page 4, line 5, increase the amount by On page 27, line 2, increase the amount by the current paltry $2.2 billion per year. $6,335,000,000. $17,131,000,000. I urge my colleagues to support the On page 4, line 6, increase the amount by On page 27, line 3, increase the amount by Crapo amendment to increase vital $8,085,000,000. $15,078,000,000. water funds without depriving our citi- On page 4, line 7, increase the amount by Strike Section 211 and insert in its place $9,835,000,000. the following: zens of their much deserved tax relief On page 4, line 8, increase the amount by SEC. 211. RESERVE FUND FOR THE INDIVIDUALS to spur economic growth, create jobs, $11,585,000,000. WITH DISABILITIES EDUCATION and indirectly increase revenue for On page 4, line 9, increase the amount by ACT. Government at all levels. $13,335,000,000. The Chairman of the Committee on the The PRESIDING OFFICER. Is there On page 4, line 10, increase the amount by Budget shall, in consultation with the Mem- further debate on the amendment? $15,078,000,000. bers of the Committee on the Budget and the The question is on agreeing to On page 4, line 15, increase the amount by Chairman and Ranking Member of the appro- amendment No. 317. $1,750,000,000. priate committee, increase the allocations The amendment (No. 317) was agreed On page 4, line 16, increase the amount by pursuant to section 302(a) of the Congres- $3,500,000,000. sional Budget Act of 1974 to the Committee to. On page 4, line 17, increase the amount by on Health, Education, Labor, and Pensions of Mr. SARBANES. I move to recon- $5,250,000,000. the Senate by up to $1,750,000,000 in new sider the vote. On page 4, line 18, increase the amount by budget authority and $35,000,000 in outlays Mr. NICKLES. I move to lay that mo- $7,000,000,000. for fiscal year 2004, $26,250,000,000 in new tion on the table. On page 4, line 19, increase the amount by budget authority and $14,963,000,000 in out- The motion to lay on the table was $8,750,000,000. lays for the total of fiscal years 2004 through agreed to. On page 4, line 20, increase the amount by 2008, and $95,881,000,000 in new budget author- Mr. NICKLES. Mr. President, I thank $10,500,000,000. ity and $72,880,000,000 in outlays for the total both our colleagues. We just saved at On page 4, line 21, increase the amount by of fiscal years 2004 through 2013, for a bill, $12,250,000,000. amendment, or conference report that would least 30 minutes. I thank them both On page 4, line 22, increase the amount by provide increased funding for part B grants, very much for their cooperation. $14,000,000,000. other than section 619, under the Individuals The PRESIDING OFFICER. The Sen- On page 4, line 23, increase the amount by with Disabilities Education Act (IDEA), with ator from North Dakota. $15,750,000,000. the goal that funding for these grants, when

VerDate Dec 13 2002 05:30 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\A21MR6.055 S21PT1 S4236 CONGRESSIONAL RECORD — SENATE March 21, 2003 taken together with amounts provided by pledged that we would not agree to tax [Rollcall Vote No. 70 Leg.] the Committee on Appropriations, provides cuts above $350 billion. This is crucial. YEAS—47 40 percent of the national average per pupil The Budget Committee approved $725 Akaka Durbin Levin expenditure for children with disabilities in Bayh Edwards Lieberman the tenth year. billion in tax cuts, and brought it to the Senate floor. Along with my col- Biden Feingold Lincoln The PRESIDING OFFICER. The Sen- Bingaman Feinstein Mikulski ator from North Dakota. leagues, I promised to vote to bring Boxer Graham (FL) Murray Mr. CONRAD. I thank the Chair. Mr. this number down by $375 billion. Byrd Harkin Nelson (FL) Cantwell Hollings President, this amendment moves to In a narrowly divided Senate, it is Nelson (NE) Carper Inouye Pryor keep the promise on IDEA. When the important that both parties work to- Chafee Jeffords Reed Clinton Johnson Federal Government enacted this pro- gether to come up with the appropriate Reid Conrad Kennedy gram, it promised the States and the Rockefeller spending and revenue targets for the Corzine Kerry local jurisdictions that it would fund 40 budget. That is why I worked with both Daschle Kohl Sarbanes percent of the expense. Democrats and Republicans. Together, Dayton Landrieu Schumer Stabenow We have never done that. We are at we came up with a target of $350 billion Dodd Lautenberg Dorgan Leahy Wyden about half that amount. As a result, we for this tax cut, and we agreed that we have forced property tax increases all would all stick to that number. NAYS—52 across America. This amendment says As part of our commitment to try to Alexander DeWine McConnell let’s keep the promise on IDEA. We Allard Dole Murkowski reduce the size of the tax cut approved phase it in over 10 years. It costs $73 Allen Domenici Nickles by the Budget Committee, we also Baucus Ensign billion in outlays. It is paid for by the Roberts agreed that we would not try to reduce Bennett Enzi Santorum nonreconciled tax cuts. Let me empha- Bond Fitzgerald the size of the tax cut below $350 bil- Sessions size to my colleagues, the nonrec- Breaux Frist Shelby lion. That means I am forced to make Brownback Graham (SC) Smith onciled tax cuts. Bunning Grassley difficult decisions. In order to keep my Snowe I hope my colleagues will give seri- Burns Gregg Specter ous consideration to this amendment. commitment to a more responsible tax Campbell Hagel Stevens cut, I have to vote against funding pri- Chambliss Hatch Let’s keep the promise on IDEA. Let’s Sununu help those local jurisdictions at a time orities. Cochran Hutchison Coleman Inhofe Talent of enormous financial stress meet the During tough times, we must make Collins Kyl Thomas need. tough choices. I chose to commit to a Cornyn Lott Voinovich Mr. BAUCUS. Mr. President, I rise to responsible tax cut. A tax cut that will Craig Lugar Warner pledge my continued support for the prevent worsening deficits that would Crapo McCain Individuals with Disabilities Education hurt our economy. NOT VOTING—1 Act. Fully funding the Federal Govern- The PRESIDING OFFICER. The Sen- Miller ment’s share of special education costs ator from New Hampshire. The amendment (No. 376) was re- is one of the most important invest- Mr. GREGG. Mr. President, over the jected. ments we can make in our children and Mr. GREGG. I suggest the absence of our schools. Funding IDEA to the full last 4 years, especially over the last 2 years President Bush has been in of- a quorum. 40 percent will lift the burden of rising The PRESIDING OFFICER. The fice, there has been a dramatic in- special education costs off the backs of clerk will call the roll. crease in IDEA funding. In fact, we our schools and enhance their ability The assistant bill clerk proceeded to have increased IDEA funding by almost to deliver a quality education to all call the roll. students. 173 percent. Last year, we added $1 bil- Mr. GREGG. Mr. President, I ask I have consistently fought to make lion. This year, we added $1 billion. unanimous consent that the order for full funding of IDEA a reality, and I This budget will add $1 billion on top of the quorum call be rescinded. will continue to build on the progress that—$3 billion in 3 years. This has The PRESIDING OFFICER. Without we have made. been a major commitment to IDEA. I objection, it is so ordered. will be following the amendment the But I am forced to vote against this AMENDMENT NO. 377 amendment because of another con- Senator from North Dakota has pro- Mr. GREGG. Mr. President, I ask cern, my concern with mounting defi- posed with another amendment which that my amendment be reported. cits. will add an additional $3.2 billion into The PRESIDING OFFICER. The The budget resolution brought before IDEA. It is inappropriate to take the clerk will report. us includes tax cuts that total $1.3 tril- course of action which the Senator The legislative clerk read as follows: lion. The budget also proposes that $725 from North Dakota has proposed. We The Senator from New Hampshire [Mr. billion of these tax cuts be enacted im- believe we can do it in a much more GREGG] proposes an amendment numbered mediately, under the reconciliation thoughtful and appropriate way with 377. process. the following amendment. Mr. GREGG. Mr. President, I ask Two years ago, we passed a $1.3 tril- The PRESIDING OFFICER. The unanimous consent that reading of the lion tax cut. I supported that tax cut. question is on agreeing to amendment amendment be dispensed with. But those were different times. We had No. 376. The PRESIDING OFFICER. Without a surplus. We did not foresee the sig- Mr. CONRAD. Mr. President, I ask objection, it is so ordered. nificant decline in revenues, or the The amendment is as follows: deficits that followed. for the yeas and nays. This is not the time to reduce reve- The PRESIDING OFFICER. Is there a (Purpose: To increase funding for Part B of nues by $725 billion. It would hurt our sufficient second? the Individuals with Disabilities Education Act by reducing spending on other govern- budget and our economy. There appears to be a sufficient sec- Why is $725 billion in tax cuts inap- ment programs by a commensurate ond. amount) propriate at this time? The most crucial problem is that it is The clerk will call the roll. On page 25, line 16, increase the amount by $969,602,000. not paid for. The budget resolution The senior assistant bill clerk called On page 25, line 20, increase the amount by brought before us forecasts enormous the roll. $2,319,000,000. deficits for almost the next decade. Re- Mr. REID. I announce that the Sen- On page 25, line 17, increase the amount by $19,392,040. ducing revenues by $725 billion adds to ator from Georgia (Mr. MILLER) is nec- On page 25, line 21, increase the amount by the already mounting deficits. essarily absent. In order to prevent the passage of tax $657,229,260. cuts that would drive up the deficit and The PRESIDING OFFICER. Are there On page 25, line 25, increase the amount by $1,751,850,600. hurt our economy, I believe that we any other Senators in the Chamber de- siring to vote? On page 26, line 4, increase the amount by must reduce the size of this tax cut. $744,180,100. I joined three of my colleagues in a The result was announced—yeas 47, On page 26, line 8, increase the amount by letter that laid out these concerns. We nays 52, as follows: $115,950,000.

VerDate Dec 13 2002 04:06 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\A21MR6.022 S21PT1 March 21, 2003 CONGRESSIONAL RECORD — SENATE S4237 On page 42, line 2, decrease the amount by Campbell Fitzgerald Nelson (FL) (Purpose: To revise the resolution to accom- $969,602,000. Cantwell Frist Nelson (NE) modate in reconciliation legislation a par- On page 42, line 6, decrease the amount by Carper Graham (FL) Nickles tially refundable tax credit of up to $5,000 $2,319,000,000. Chafee Graham (SC) Pryor for eligible expenses for individuals with Chambliss Grassley Reed On page 42, line 3, decrease the amount by long term or chronic care needs of their Cochran Gregg Reid family caregivers who pay these expenses; $19,392,040. Coleman Hagel Roberts On page 42, line 7, decrease the amount by Collins Hatch Rockefeller in which ‘‘eligible expenses’’ shall include $657,229,260. Conrad Hutchison Santorum prescription drugs, medical bills, durable On page 42, line 11, decrease the amount by Cornyn Inhofe Sarbanes medical equipment, home health care, cus- $1,751,850,600. Corzine Inouye Schumer todial care, respite care, adult day care, On page 42, line 15, decrease the amount by Craig Johnson Sessions transportation to chronic care or medical $744,180,100. Crapo Kennedy Shelby facilities, specialized therapy (including On page 42, line 19, decrease the amount by Daschle Kerry Smith occupational therapy, physical therapy, or $115,950,000. DeWine Landrieu Snowe rehabilitational therapy), other specialized Dodd Leahy Specter services for children (including day care The PRESIDING OFFICER. The Dole Lieberman Stabenow amendment will receive 2 minutes of for children with special needs), and other Domenici Lincoln Stevens long term care related expenses as defined debate evenly divided on each side. Dorgan Lott Sununu by the Secretary of Health and Human Mr. GREGG. Mr. President, this Durbin Lugar Talent Edwards McCain Thomas Services; and in which ‘‘individuals with amendment represents another signifi- Ensign McConnell Voinovich long term or chronic care needs’’ shall cant increase in IDEA funding. It rep- Enzi Mikulski Warner mean individuals with multiple chronic resents a $3.2 billion increase over the Feingold Murkowski Wyden conditions, individuals unable to perform next 2 years, which will mean that the Feinstein Murray activities of daily living, individuals with total increase in IDEA funding over the severe cognitive impairment, individuals NAYS—10 with complex medical conditions, and next 2 years will be approximately $6.7 other individuals with similar levels of dis- billion. That is a very dramatic in- Akaka Hollings Lautenberg Clinton Jeffords Levin ability or need for care) crease that puts us clearly on a path Dayton Kohl On page 3, line 10, increase the amount by toward full funding of the IDEA ac- Harkin Kyl $246,000,000. counts, on which many have worked On page 3, line 11, increase the amount by for a long time. I hope the membership NOT VOTING—1 $256,000,000. supports the amendment. Miller On page 3, line 12, increase the amount by The PRESIDING OFFICER. Who $267,000,000. yields time in opposition? The amendment (no. 377) was agreed On page 3, line 13, increase the amount by Mr. CONRAD. I yield time to the to. $552,000,000. On page 3, line 14, increase the amount by Senator from Iowa. CHANGE OF VOTE $578,000,000. Mr. HARKIN. Mr. President, this Mr. DORGAN. Mr. President, on roll- On page 3, line 15, increase the amount by amendment is as phony as a $3 bill. It $908,000,000. provides for 2 years of funding for the call vote No. 71, I voted nay. It was my On page 3, line 16, increase the amount by Individuals with Disabilities Education intention to vote yea. I ask unanimous $941,000,000. Act and then you drop off the face of consent that I be permitted to change On page 3, line 17, increase the amount by the Earth. And it gets the money my vote since it will not affect the out- $1,313,000,000. from—where? It gets it from nowhere. On page 3, line 18, increase the amount by come of the vote. $1,375,000,000. It is play money. The PRESIDING OFFICER. Is there On page 3, line 19, increase the amount by Later on, I will have an amendment objection? $1,799,000,000. that will really fund that. I have been On page 4, line 1, increase the amount by working on an amendment with the Without objection, it is so ordered. $246,000,000. Senator from Nebraska that will really (The foregoing tally has been On page 4, line 2, increase the amount by $256,000,000. put the money in there and get us fully changed to reflect the above order.) funded for the Individuals with Disabil- On page 4, line 3, increase the amount by $267,000,000. ities Education Act by 2011. It will not Mr. NICKLES. Mr. President, for the information of our colleagues, we will On page 4, line 4, increase the amount by be funny money, and it will not fall off $552,000,000. the face of the Earth in 2 years like the soon be voting on the Mikulski amend- On page 4, line 5, increase the amount by Gregg amendment. ment. This will complete the first $578,000,000. I ask for defeat of this amendment. batch of amendments and Senator On page 4, line 6, increase the amount by The PRESIDING OFFICER. The CONRAD and I will be working to put to- $908,000,000. On page 4, line 7, increase the amount by question is on agreeing to the Gregg gether a list of additional amendments. amendment No. 377. $941,000,000. So I expect there will be some break, On page 4, line 8, increase the amount by Mr. GREGG. I ask for the yeas and just for the information of our col- $1,313,000,000. nays. leagues. We hope to begin—this vote On page 4, line 9, increase the amount by The PRESIDING OFFICER. Is there a will start in just a couple of minutes. I $1,375,000,000. sufficient second? On page 4, line 10, increase the amount by expect we will have another round of There is a sufficient second. $1,799,000,000. The PRESIDING OFFICER. The votes beginning probably close to 1:15. On page 4, line 15, increase the amount by clerk will call the roll. Mr. SARBANES. A lunch break. $246,000,000. On page 4, line 16, increase the amount by The legislative clerk called the roll. AMENDMENT NO. 349 $256,000,000. Mr. REID. I announce that the Sen- On page 4, line 17, increase the amount by ator from Georgia (Mr. MILLER), is nec- The PRESIDING OFFICER. The $267,000,000. essarily absent. clerk will report the next amendment. On page 4, line 18, increase the amount by The PRESIDING OFFICER. Are there The legislative clerk read as follows: $552,000,000. any other Senators in the Chamber de- On page 4, line 19, increase the amount by siring to vote? The Senator from Maryland (Ms. MIKUL- $578,000,000. SKI) proposed an amendment numbered 349. On page 4, line 20, increase the amount by The result was announced—yeas 89, $908,000,000. nays 10, as follows: Ms. MIKULSKI. I ask unanimous On page 4, line 21, increase the amount by [Rollcall Vote No. 71 Leg.] consent the reading of the amendment $941,000,000. YEAS—89 be dispensed with. On page 4, line 22, increase the amount by $1,313,000,000. Alexander Bennett Breaux Allard Biden Brownback The PRESIDING OFFICER. Without On page 4, line 23, increase the amount by Allen Bingaman Bunning objection, it is so ordered. $1,375,000,000. Baucus Bond Burns On page 4, line 24, increase the amount by Bayh Boxer Byrd The amendment is as follows: $1,799,000,000.

VerDate Dec 13 2002 05:30 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\A21MR6.024 S21PT1 S4238 CONGRESSIONAL RECORD — SENATE March 21, 2003 On page 5, line 5, increase the amount by Mr. President, 125 million Americans Smith Stevens Thomas $246,000,000. Snowe Sununu Voinovich have chronic conditions; 18 million of Specter Talent Warner On page 5, line 6, increase the amount by those are children. Family caregivers $256,000,000. are often stretched to the limit, often NOT VOTING—1 On page 5, line 7, increase the amount by Miller $267,000,000. working two jobs. This amendment On page 5, line 8, increase the amount by costs $35 billion. We can afford it and The amendment (No. 349) was re- $552,000,000. we ought to do it. jected. On page 5, line 9, increase the amount by The PRESIDING OFFICER. Who Mr. REID. I move to reconsider the $578,000,000. yields time? Who yields time in opposi- vote. On page 5, line 10, increase the amount by tion? Mr. DORGAN. I move to lay that mo- $908,000,000. Mr. NICKLES. Go ahead. tion on the table. On page 5, line 11, increase the amount by Mr. GRASSLEY. I yield myself time. The motion to lay on the table was $941,000,000. On page 5, line 12, increase the amount by Mr. President, I rise in opposition to agreed to. $1,313,000,000. the amendment. I obviously do not rise The PRESIDING OFFICER. The Sen- On page 5, line 13, increase the amount by in opposition to the goals the Senator ator from Nevada. $1,375,000,000. from Maryland seeks, because I, along Mr. REID. Mr. President, the man- On page 5, line 14, increase the amount by with Senator GRAHAM of Florida—the agers of the bill asked that I maintain $1,799,000,000. two of us are sponsors of an amend- the floor until they return at approxi- On page 27, line 11, increase the amount by ment that would provide a $3,000 tax mately 1:15. They ask that there be no $246,000,000. credit for family caregiving. But what amendments offered or debate on On page 27, line 12, increase the amount by amendments. $246,000,000. we are involved with here is taking On page 27, line 15, increase the amount by money from the tax reduction fund to Senator BYRD is here. And he usu- $256,000,000. put into another program. What we ally, each spring, gives us a speech on On page 27, line 16, increase the amount by need to do is keep the tax reduction springtime. $256,000,000. fund very strong because it is a growth Is the Senator ready to speak? On page 27, line 19, increase the amount by package, it is a job package. We want Mr. President, I ask unanimous con- $267,000,000. to create jobs. We want an economic sent that the Senator from West Vir- On page 27, line 20, increase the amount by environment so when our men and ginia be allowed to speak as in morning $267,000,000. women come home from Iraq there are business for up to 7 minutes. On page 27, line 23, increase the amount by The PRESIDING OFFICER. Is there $552,000,000. jobs for our men and women. There is On page 27, line 24, increase the amount by no job creation now. We want to create objection? $552,000,000. jobs. It is going to take a tax cut to Without objection, it is so ordered. On page 28, line 2, increase the amount by create jobs. The Senator from West Virginia. $578,000,000. The PRESIDING OFFICER. The Mr. BYRD. Mr. President, I thank On page 28, line 3, increase the amount by question is on agreeing to the Mikulski the Chair. And I thank my distin- $578,000,000. amendment No. 349. guished colleague, the Democratic On page 28, line 6, increase the amount by whip, for his characteristic courtesy $908,000,000. Mr. REID. Mr. President, I ask for the yeas and nays. and attention to matters in the Senate, On page 28, line 7, increase the amount by and his always readiness to help other $908,000,000. The PRESIDING OFFICER. Is there a On page 28, line 10, increase the amount by sufficient second? Senators in getting recognition. I $941,000,000. There is a sufficient second. thank him very much. On page 28, line 11, increase the amount by The clerk will call the roll. SPRINGTIME $941,000,000. Mr. REID. I announce that the Sen- Mr. President, this is my 85th year, On page 28, line 14, increase the amount by ator from Georgia (Mr. MILLER) is nec- but it is my 86th coming of spring. I am $1,313,000,000. essarily absent. 85 years old—85 years young—but this On page 28, line 15, increase the amount by is my 86th first day of spring. $1,313,000,000. The PRESIDING OFFICER. Are there On page 28, line 18, increase the amount by any other Senators in the Chamber de- So, Mr. President, at long last spring $1,375,000,000. siring to vote? has arrived. How sweet it is. How sweet On page 28, line 19, increase the amount by The result was announced—yeas 45, it is. Spring has arrived. $1,375,000,000. nays 54, as follows: After a long gray winter made darker On page 28, line 22, increase the amount by [Rollcall Vote No. 72 Leg.] by the specter of war, and with that $1,799,000,000. conflict now upon us, it is heartening YEAS—45 On page 28, line 23, increase the amount by to be reminded of the great rhythm of $1,799,000,000. Akaka Edwards Levin the seasons and the renewal of the Bayh Feingold Lieberman The PRESIDING OFFICER. There Biden Feinstein Lincoln earth and the life upon it. will be 2 minutes of debate equally di- Boxer Graham (FL) Mikulski Now Nature hangs her mantle green vided on each side. The Senator from Byrd Harkin Murray On every blooming tree, Maryland. Cantwell Hollings Nelson (FL) And spreads her sheets o’ daisies white Carper Inouye Nelson (NE) Out o’er the grassy lea Ms. MIKULSKI. Mr. President, my Clinton Jeffords Pryor amendment would give a tax credit up Conrad Johnson Reed So wrote the poet Robert Burns. to $5,000 to family caregivers. My Corzine Kennedy Reid On the world stage, war plays a lead- Daschle Kerry Rockefeller amendment would help a family deal- Dayton Kohl Sarbanes ing role, demanding our attention with ing with juvenile diabetes, a spouse Dodd Landrieu Schumer the strident clangor of steel and the taking care of someone with Alz- Dorgan Lautenberg Stabenow tramp of marching troops. But in the heimer’s, a parent taking care of an Durbin Leahy Wyden wings, subtly repainting the back- adult son with Down’s syndrome. NAYS—54 ground sets, spring softens the scenery My tax credit would pay for prescrip- Alexander Coleman Hagel and gives us hope for the rebirth of tion drugs, home health care, durable Allard Collins Hatch peace. Bright crocuses blanket the medical equipment—things that give Allen Cornyn Hutchison ground in a confetti of color and the Baucus Craig Inhofe help to those families practicing self- Bennett Crapo Kyl green ink of new growth stains the help. These families face a tremendous Bingaman DeWine Lott tawny fields of winter. The redbuds financial and emotional burden. Fami- Bond Dole Lugar cover the hillsides in a rosy blush as Breaux Domenici McCain lies will deal with their own emotional Brownback Ensign McConnell bare forests rush to cover themselves burden, but I believe America should Bunning Enzi Murkowski in verdant blankets of new leaves. step up and help them with their finan- Burns Fitzgerald Nickles Banks of nodding daffodils cheer the cial burden as they deal with Campbell Frist Roberts anxious hearts of families worrying Chafee Graham (SC) Santorum caregiving in the United States of Chambliss Grassley Sessions over loved ones in uniform far from America. Cochran Gregg Shelby home.

VerDate Dec 13 2002 04:06 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\A21MR6.018 S21PT1 March 21, 2003 CONGRESSIONAL RECORD — SENATE S4239 Last year, a dry and mild winter I yield the floor. I will not ask unanimous consent. I caused spring bulbs to bloom in Feb- The PRESIDING OFFICER. The Sen- will list the order we expect just so ruary. This year, as snowfall after ator from Nevada. Senators are notified and can be ready: snowfall piled up on lawns and roads, it Mr. REID. Mr. President, normally Senator CLINTON dealing with home- seemed as if no flower could survive in when there are speeches given not on land security; Senator DORGAN dealing the icy soil. Seed catalogs languished the subject matter of the debate, we with veterans affairs; Senator BREAUX unread as we shoveled sidewalks and ask that they be put someplace else in and others dealing with the $350 billion scraped windshields. We told ourselves the RECORD. I think this speech on growth package; Senator KENNEDY that we needed the moisture and that springtime should stay just where it is. dealing with Pell grants; Senator the snow would replenish the ground- This has been a very difficult morning. GREGG dealing with Pell grants; Sen- water, but these charitable thoughts It is going to be a much more difficult ator BYRD dealing with Amtrak; pos- faded as we faced another foot of new- afternoon and evening. The speech on sibly Senator MCCAIN on Amtrak; Sen- fallen snow, another miserable com- springtime should appear in the ator BIDEN dealing with COPS; Senator mute, another slushy slog across park- RECORD for all eternity to show that HOLLINGS on port security; Senator ing lot melt. It was a long and wearing there are other things we do that have NICKLES on port security; Senator winter, and for those in the northern more meaning sometimes than the BOND on highways; and Senator NICK- latitudes of the United States, it lin- meaningless votes we take. LES on highways. gers on still. In Washington, and in I ask unanimous consent that the That is our intention. It is not a West Virginia, however, we are emerg- Senator’s wonderful statement about unanimous consent request. It is just ing from our dens like bears—shaggy, springtime stay where it is. As busy as our intention, a list, an outline for our lean, and hungry for spring. we are here, sometimes we don’t think colleagues. This will be another 10 Sweet is the breath of morn, her rising about it, but because of the Senator amendments. I suspect three or four of Sweet from West Virginia, we are forced to— these amendments will drop. With charm of earliest birds; pleasant speeches he has given on Mother’s Day The sun Mr. REID. Will my friend yield? When first on this delightful land he and Father’s Day, and other such Mr. NICKLES. I will be happy to Spreads speeches that I will long remember. yield. His orient beams on herb, tree, fruit This speech on springtime has caused Mr. REID. Mr. President, I think the And flower. me to focus on springtime that I would two managers of this bill have been fair The poet John Milton wrote those not have done otherwise. in doing their best to list these amend- words. The PRESIDING OFFICER. Without ments and have an orderly process to I look forward to turning away from objection, it is so ordered. dispose of them. Not in this tranche, the incessant news coverage of war, Mr. BYRD. I thank the distinguished but maybe the next, I hope the two and I look forward to spending a few Senator from Nevada. managers will consider having part of a precious moments outside listening in- Mr. REID. Mr. President, we are unanimous consent agreement that— stead to the spring peepers—those lit- going to be in a quorum call unless everyone has been here on time—if tle frogs whose singing brings back someone has a speech on a subject not someone is not here to offer their boyhood memories of long ago, bub- related to the budget that they care to amendment, I am not sure we should bling springs along Wolf Creek Hollow give. Senator NICKLES and Senator hang around and wait for them. in Mercer County, WV. Their singing CONRAD asked that basically we be in a Mr. NICKLES. I concur. coincided with the arrival of warmer shutdown on the budget until they re- We are ready to do business. I believe weather and with it, a welcome respite turn, which should be in a matter of a Senator CLINTON has a modification of from those bitter early morning walks few minutes. They wanted to come her amendment to send to the desk. to school, cold hands wrapped around back around 1:15. AMENDMENT NO. 381 my lunch pail handle, coat collar I suggest the absence of a quorum. Mrs. CLINTON. Mr. President, I have turned up against the wind that trans- The PRESIDING OFFICER. The an amendment at the desk and ask for formed tender ears into red popsicles. clerk will call the roll. its immediate consideration. As I tend to the simple routines of The assistant legislative clerk pro- The PRESIDING OFFICER. The springtime—cleaning up the sticks and ceeded to call the roll. leaves strewn across the yard by the Mr. NICKLES. Mr. President, I ask clerk will report. winter winds, preparing my small gar- unanimous consent that the order for The assistant legislative clerk read den, of four or five or six or seven to- the quorum call be rescinded. as follows: mato plants weeding and fertilizing the The PRESIDING OFFICER. Without The Senator from New York [Mrs. CLIN- lawn—I shall look upon the spring objection, it is so ordered. TON] proposes an amendment numbered 381. flowers in all their finery. The for- Mr. NICKLES. Mr. President, we Mrs. CLINTON. Mr. President, I ask sythia, the lilac, the hyacinth, all are have tentatively agreed on an outline unanimous consent that the reading of undaunted by the code oranges and the for amendments. I will read through the amendment be dispensed with. code reds. They care nothing for al- these amendments. It is subject to The PRESIDING OFFICER. Without Qaida terrorists or Tomahawk missiles, change. I thank my colleague from objection, it is so ordered. for M1–A1 tanks or F–117 bombers, for North Dakota. We are working to- The amendment is as follows: sandy battlefields or military strikes. gether and trying to accommodate (Purpose: To raise the 2003 caps by $3.5 bil- In their benevolence, they show the Senators. Most of the amendment re- lion for homeland security funding through same cheerful faces to Presidents and quests are coming from the minority a Domestic Defense Fund at the Depart- dictators, to soldiers and to the loved side of the aisle, and that is the way it ment of Homeland Security’s Office of Do- ones those soldiers leave behind. In usually is on these resolutions. I under- mestic Preparedness in FY 2003 and to re- duce the size of newly proposed tax cuts in their camps in Kuwait and in their biv- stand that. We are going to try to the amount of $7 billion to pay for this ouacs in the desert, our brave troops move as expeditiously as possible. We amendment and for the cost of previously will not see a daffodil this spring. But are absolutely committed to finishing passed homeland security funding) God’s daffodil are there for them, just this bill. It is important we work to- On page 3, line 9, increase the amount by as we are, our support as eternal and gether to try to complete it. $2,450,000,000. dependable as the arrival of spring. I Some people are outside trying to re- On page 3, line 10, increase the amount by hope that they can take comfort in write amendments or write new amend- $2,450,000,000. knowing that the daffodils still bloom ments. I really discourage that. It is On page 3, line 11, increase the amount by and that spring has come at last. With this Senator’s intention to finish the $1,400,000,000. my prayers for their safety and quick bill. We have only been on it all week, On page 3, line 12, increase the amount by $700,000,000. success, I wish them the energy and and to have people in the drafting On page 3, line 23, increase the amount by purpose of spring. May they soon be re- stage to see what they can come up $2,450,000,000. stored to their loved ones, to us, to with is not a good way to finish. We On page 4, line 1, increase the amount by enjoy a beautiful springtime at home. will be here until we finish. $2,450,000,000.

VerDate Dec 13 2002 04:06 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\G21MR6.034 S21PT1 S4240 CONGRESSIONAL RECORD — SENATE March 21, 2003 On page 4, line 2, increase the amount by Mrs. CLINTON. Earlier today, the [Rollcall Vote No. 73 Leg.] $1,400,000,000. Senate passed an amendment offered YEAS—48 On page 4, line 3, increase the amount by by Senator COCHRAN—— Akaka Dorgan Leahy $700,000,000. The PRESIDING OFFICER. The Sen- Baucus Durbin Levin On page 4, line 14, increase the amount by Bayh Edwards Lieberman $3,491,000,000. ator will suspend. There is no time for Biden Feingold Lincoln On page 4, line 15, decrease the amount by debate on the amendment. Bingaman Feinstein Mikulski $575,000,000. The Senator from Oklahoma. Boxer Graham (FL) Murray On page 4, line 16, decrease the amount by Mr. NICKLES. Mr. President, for this Breaux Harkin Nelson (FL) Byrd Hollings Nelson (NE) $128,000,000. list of amendments I have outlined, I On page 4, line 17, decrease the amount by Cantwell Inouye Pryor ask unanimous consent that there be 2 Carper Jeffords Reed $174,500,000. minutes equally divided on each of Clinton Johnson Reid On page 4, line 18, decrease the amount by Conrad Kennedy Rockefeller $197,500,000. these amendments. Corzine Kerry Sarbanes On page 4, line 19, decrease the amount by The PRESIDING OFFICER. Without Daschle Kohl Schumer $211,000,000. objection, it is so ordered. Dayton Landrieu Stabenow On page 4, line 20, decrease the amount by The Senator from New York. Dodd Lautenberg Wyden $225,000,000. Mrs. CLINTON. Mr. President, earlier NAYS—52 On page 4, line 21, decrease the amount by Alexander Dole Miller $238,500,000. today, the Senate passed an amend- ment offered by Senator COCHRAN to Allard Domenici Murkowski On page 4, line 22, decrease the amount by Allen Ensign Nickles $251,500,000. increase homeland security funding by Bennett Enzi Roberts On page 4, line 23, decrease the amount by $3.5 million in the emergency supple- Bond Fitzgerald Santorum $265,000,000. mental bill we will consider in the Brownback Frist Sessions On page 4, line 24, decrease the amount by coming weeks. This is an important Bunning Graham (SC) Shelby $281,000,000. Burns Grassley Smith first step, but it is not nearly enough Campbell Gregg Snowe On page 5, line 4, increase the amount by Chafee Hagel and it should be paid for. Specter $1,216,000,000. Chambliss Hatch Our cities have already invested $2.6 Stevens On page 5, line 5, increase the amount by Cochran Hutchison $1,167,500,000. billion to protect the American home- Coleman Inhofe Sununu On page 5, line 6, increase the amount by front. This amendment adds $3.5 billion Collins Kyl Talent Thomas $572,000,000. to Senator COCHRAN’s amendment and Cornyn Lott On page 5, line 7, increase the amount by Craig Lugar Voinovich takes the fiscally responsible approach Warner $175,500,000. Crapo McCain of paying for the full $7 billion without DeWine McConnell On page 5, line 8, decrease the amount by $197,500,000. reducing the reconciliation amount. I The amendment (No. 381) was re- On page 5, line 9, decrease the amount by think we need to be much more vig- jected. $211,000,000. orous in providing the funds that our AMENDMENT NO. 385 On page 5, line 10, decrease the amount by police, our firefighters, and our cities Mr. DORGAN. Mr. President, my un- $225,000,000. need. This will help us move in that di- derstanding is that I am next on the On page 5, line 11, decrease the amount by rection, and it will also be paid for, $238,500,000. list. which is another important value that The PRESIDING OFFICER. The Sen- On page 5, line 12, decrease the amount by this budget should be trying to pro- $251,500,000. ator from North Dakota. On page 5, line 13, decrease the amount by mote. Mr. DORGAN. My understanding is I $265,000,000. I ask for its approval and I ask for am next on the list to offer an amend- On page 5, line 14, decrease the amount by the yeas and nays. ment. If that is the case, I am prepared $281,000,000. The PRESIDING OFFICER. Is there a to send an amendment to the desk on On page 5, line 17, increase the amount by sufficient second? behalf of myself, Mr. FEINGOLD, Mr. $1,234,000,000. There appears to be a sufficient sec- DASCHLE, Mr. LEAHY, Mr. JEFFORDS, On page 5, line 18, increase the amount by ond. $1,282,500,000. Mr. HARKIN, Ms. MIKULSKI, Mr. JOHN- On page 5, line 19, increase the amount by The yeas and nays were ordered. SON, and Mr. SARBANES. $828,000,000. The PRESIDING OFFICER. Who The PRESIDING OFFICER. The On page 5, line 20, increase the amount by yields time in opposition? clerk will report the amendment. $524,500,000. The Senator from Oklahoma. The assistant legislative clerk read On page 5, line 21, increase the amount by Mr. NICKLES. Mr. President, I do as follows: $197,500,000. not know when we can say enough is The Senator from North Dakota (Mr. DOR- On page 5, line 22, increase the amount by GAN), for himself, Mr. FEINGOLD, Mr. $211,000,000. enough. We have doubled the funding for homeland security in 2003 compared DASCHLE, Mr. LEAHY, Mr. JEFFORDS, Mr. On page 5, line 23, increase the amount by HARKIN, Ms. MIKULSKI, Mr. JOHNSON, and Mr. to 2002. That is a result of 9/11, and ap- $225,000,000. SARBANES, proposes an amendment num- On page 5, line 24, increase the amount by propriately so. The budget we have be- bered 385. $238,500,000. fore us increases it another 18.4 per- Mr. DORGAN. I ask unanimous con- On page 5, line 25, increase the amount by cent. We have already increased home- $251,500,000. sent that the reading of the amend- land security an additional $3.5 billion ment be dispensed with. On page 6, line 1, increase the amount by as a result of passage of the Cochran $265,000,000. The PRESIDING OFFICER. Without On page 6, line 2, increase the amount by amendment. objection, it is so ordered. $281,000,000. Senator CLINTON’s amendment would The amendment is as follows: On page 23, line 15, increase the amount by just bump it up another $3.5 billion. (Purpose: To increase FY 2004 funding for the $3,500,000,000. That would be an enormous percentage discretionary programs of the Department On page 23, line 16, increase the amount by increase. Right now, we have funds for of Veterans Affairs by $1,019,000,000, so it $1,225,000,000. homeland security State by State that matches the level proposed by a coalition On page 23, line 20, increase the amount by are not being spent, for whatever rea- of veterans groups in the Independent $1,225,000,000. Budget; to decrease the deficit by a similar On page 23, line 24, increase the amount by son. I urge my colleagues to vote no on the amendment. amount; and to use the unreconciled tax $700,000,000. cut to pay for it) The PRESIDING OFFICER. The On page 24, line 3, increase the amount by On page 3, line 10, increase the amount by $350,000,000. question is on agreeing to amendment $1,987,000,000. On page 46, line 20, increase the amount by No. 381. On page 3, line 11, increase the amount by $3,500,000,000. The yeas and nays have been ordered. $192,000,000. On page 46, line 21, increase the amount by The clerk will call the roll. On page 3, line 12, increase the amount by $1,225,000,000. The assistant legislative clerk called $29,000,000. On page 47, line 6, increase the amount by On page 3, line 13, increase the amount by $1,225,000,000. the roll. $9,000,000. On page 47, line 15, increase the amount by The result was announced—yeas 48, On page 3, line 14, increase the amount by $700,000,000. nays 52, as follows: $1,000,000.

VerDate Dec 13 2002 05:30 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\A21MR6.030 S21PT1 March 21, 2003 CONGRESSIONAL RECORD — SENATE S4241 On page 4, line 1, increase the amount by On page 6, line 15, decrease the amount by decrease in the tax cut in an equal $1,798,000,000. $1,612,000,000. amount, in addition to the additional On page 4, line 2, increase the amount by On page 6, line 19, decrease the amount by spending on veterans programs that $192,000,000. $915,000,000. would be available to reduce the def- On page 4, line 3, increase the amount by On page 6, line 20, decrease the amount by $29,000,000. $1,054,000,000. icit. On page 4, line 4, increase the amount by On page 6, line 21, decrease the amount by With respect to veterans programs, $9,000,000. $1,121,000,000. let me say to the chairman and rank- On page 4, line 5, increase the amount by On page 6, line 22, decrease the amount by ing member, I think they did some $1,000,000. $1,183,000,000. good work with respect to veterans On page 4, line 15, increase the amount by On page 6, line 23, decrease the amount by medical care. They did actually add $1,003,000,000. $1,245,000,000. some money for veterans health care, On page 4, line 16, decrease the amount by On page 6, line 24, decrease the amount by $43,000,000. veterans medical care. We all commend $1,311,000,000. them for that. On page 4, line 17, decrease the amount by On page 6, line 25, decrease the amount by $52,000,000. $1,380,000,000. We are still very short with respect On page 4, line 18, decrease the amount by On page 7, line 1, decrease the amount by to veterans programs dealing with re- $58,000,000. $1,453,000,000. search, with construction, with the ad- On page 4, line 19, decrease the amount by On page 7, line 2, decrease the amount by ministration that is needed in order to $61,000,000. $1,531,000,000. process the requests by veterans. There On page 4, line 20, decrease the amount by On page 7, line 3, decrease the amount by is a rather lengthy time lag in being $65,000,000. $1,612,000,000. On page 4, line 21, decrease the amount by able to process the request. The fact is, On page 34, line 19, increase the amount by we need to provide sufficient moneys $69,000,000. $1,019,000,000. On page 4, line 22, decrease the amount by On page 34, line 20, increase the amount by for this service. $73,000,000. $899,000,000. At a time when veterans are in the On page 4, line 23, decrease the amount by On page 34, line 24, increase the amount by field prosecuting this war, we ought to $77,000,000. $96,000,000. say we will keep our promise to vet- On page 4, line 24, decrease the amount by On page 35, line 3, increase the amount by erans. $81,000,000. $15,000,000. Mr. SPECTER. Mr. President, I am On page 5, line 5, increase the amount by On page 35, line 7, increase the amount by voting against Senator DORGAN’s $883,000,000. $4,000,000. amendment, which proposes to add an On page 5, line 6, increase the amount by On page 40, line 6, decrease the amount by $53,000,000. additional $1 billion to VA discre- $16,000,000. tionary accounts. I so vote because the On page 5, line 7, decrease the amount by On page 40, line 7, decrease the amount by $37,000,000. $16,000,000. budget resolution, as reported by the On page 5, line 8, decrease the amount by On page 40, line 10, decrease the amount by Budget committee, already makes sig- $54,000,000. $43,000,000. nificant additions in funding for vet- On page 5, line 9, decrease the amount by On page 40, line 11, decrease the amount by erans benefits. It is, I think, already a $61,000,000. $43,000,000. On page 5, line 10, decrease the amount by fair and just allocation of funding for On page 40, line 14, decrease the amount by $65,000,000. veterans. $52,000,000. On page 5, line 11, decrease the amount by It seems to be the case that no mat- On page 40, line 15, decrease the amount by $69,000,000. ter how much funding is made avail- $52,000,000. On page 5, line 12, decrease the amount by On page 40, line 18, decrease the amount by able in a budget resolution, someone $73,000,000. $58,000,000. will always propose additions. For vet- On page 5, line 13, decrease the amount by On page 40, line 19, decrease the amount by erans this year, the budget resolution, $77,000,000. $58,000,000. as reported, contains unprecedented in- On page 5, line 14, decrease the amount by On page 40, line 22, decrease the amount by $81,000,000. creases in VA discretionary funding; it $61,000,000. On page 5, line 18, increase the amount by increases VA discretionary funding by On page 40, line 23, decrease the amount by $915,000,000. $3.4 billion over fiscal year 2003 levels, $61,000,000. On page 5, line 19, increase the amount by a 13 percent increase. The Budget Com- On page 41, line 2, decrease the amount by $139,000,000. $65,000,000. mittee-reported resolution more than On page 5, line 20, increase the amount by On page 41, line 3, decrease the amount by doubles the administration’s proposed $66,000,000. $65,000,000. VA medical care funding increase of On page 5, line 21, increase the amount by $1.5 billion, adding an additional $1.8 $63,000,000. On page 41, line 6, decrease the amount by On page 5, line 22, increase the amount by $69,000,000. billion to this most critical budget ac- $62,000,000. On page 41, line 7, decrease the amount by count, as urged by Senators JOHNSON On page 5, line 23, increase the amount by $69,000,000. and ENSIGN in the Budget Committee’s $65,000,000. On page 41, line 10, decrease the amount by markup. In fairness, it is accurate to $73,000,000. On page 5, line 24, increase the amount by conclude that funding levels approved $69,000,000. On page 41, line 11, decrease the amount by $73,000,000. by the Budget committee do not short- On page 5, line 25, increase the amount by change veterans. $73,000,000. On page 41, line 14, decrease the amount by Senator DORGAN’s amendment would On page 6, line 1, increase the amount by $77,000,000. $77,000,000. On page 41, line 15, decrease the amount by add funds to non-medical care-related On page 6, line 2, increase the amount by $77,000,000. accounts, such as construction, re- $81,000,000. On page 41, line 18, decrease the amount by search, veterans cemetery administra- On page 6, line 6, decrease the amount by $81,000,000. tion, and veterans benefits processing. $915,000,000. On page 41, line 19, decrease the amount by These are important accounts—and On page 6, line 7, decrease the amount by $81,000,000. On page 47, line 5, increase the amount by they have been increased significantly $1,054,000,000. in recent years. Since 1997, Congress On page 6, line 8, decrease the amount by $1,019,000,000. $1,121,000,000. On page 47, line 6, increase the amount by has provided funds to support a 40 per- On page 6, line 9, decrease the amount by $899,000,000. cent increase in staffing for compensa- $1,183,000,000. On page 47, line 15, increase the amount by tion claims processing. VA medical re- On page 6, line 10, decrease the amount by $96,000,000. search funding has increased by 47 per- $1,245,000,000. The PRESIDING OFFICER. Two cent Veterans cemetery administration On page 6, line 11, decrease the amount by minutes will be provided for debate, funding has increased by 71 percent. $1,311,000,000. equally divided on each side. Funding for the VA inspector general’s On page 6, line 12, decrease the amount by The Senator from North Dakota. office has almost doubled. And over 2.5 $1,380,000,000. On page 6, line 13, decrease the amount by Mr. DORGAN. This amendment adds billion dollars’ worth of major and $1,453,000,000. $1.019 billion to the total amount in the minor construction projects have been On page 6, line 14, decrease the amount by bill for veterans discretionary pro- funded. The present resolution will im- $1,531,000,000. grams. The amendment is paid for by a prove on this record by providing a 13

VerDate Dec 13 2002 04:06 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\A21MR6.032 S21PT1 S4242 CONGRESSIONAL RECORD — SENATE March 21, 2003 percent increase above 2003 enacted this is another case where I said no 282, by Senator BROWNBACK, regarding levels for such accounts. Construction matter what we do in committee, no a commission to review the efficiency funding alone will increase by 62 per- matter how much we add, someone is of Federal agencies. cent over the 2003 enacted levels. going to come up and say it is not The PRESIDING OFFICER. Is there I would like to see even greater in- enough. We increased the veterans objection? creases; it would always be nice to add budget altogether over 12 percent, $3.4 The Senator from North Dakota. more funding for various worthwhile billion. We did 10 percent over the Mr. CONRAD. Mr. President, there is purposes. But, in fairness, veterans President’s request, about $3 billion. no objection on this side. benefits must be considered along with We did a 14.7 percent increase in vet- The PRESIDING OFFICER. Without proposed increases in education, health erans health care. objection, it is so ordered. The clerk care, environmental protection, and This amendment not only has more will report. many other worthwhile Federal pro- increases but, in addition, it also re- The bill clerk read as follows: grams. Viewed in this context, I think duces the tax cut. We are taking care The Senator from Oklahoma [Mr. NICK- the proposed budget allocation is fair of our veterans in this proposal with LES], for Mr. WYDEN, for himself, Mr. KYL, and just. enormous percentage increases. I urge Mr. BINGAMAN, Mrs. MURRAY, Mr. JOHNSON, Mr. SARBANES. Mr. President, I rise my colleagues to vote no on the Mr. KERRY, and Mrs. FEINSTEIN, proposes an amendment numbered 328. today to express my strong support for amendment. the amendment offered by my col- The PRESIDING OFFICER. The The amendment is as follows: league Senator DORGAN, to increase the question is on agreeing to amendment (Purpose: To increase investments in imple- amount of discretionary funding for No. 385. mentation of the National Fire Plan to veterans programs. I am proud to be an Mr. DORGAN. I ask for the yeas and benefit national forests, the environment, original cosponsor of this amendment— nays. local communities and local economies) one that will go a long way in ensuring The PRESIDING OFFICER. Is there a On page 16, line 11, increase the amount by sufficient second? $500,000,000. that our Nation’s veterans receive the On page 16, line 12, increase the amount by benefits to which they are entitled. There is a sufficient second. $325,000,000. As you know, every year a coalition The clerk will call the roll. On page 16, line 16, increase the amount by of our Nation’s veterans advocacy The assistant legislative clerk called $85,000,000. groups comes together to compile the the roll. On page 16, line 20, increase the amount by Independent Budget. This document— The result was announced—yeas 49, $50,000,000. written by veterans for veterans—of- nays 51, as follows: On page 16, line 24, increase the amount by fers guidance to the Congress on the [Rollcall Vote No. 74 Leg.] $25,000,000. On page 17, line 3, increase the amount by projected needs of our Nation’s vet- YEAS—49 $15,000,000. erans in the coming fiscal year. I am Akaka Dorgan Levin On page 42, line 2, decrease the amount by pleased that during last week’s markup Baucus Durbin Lieberman $500,000,000. of the Budget Resolution, the Senate Bayh Edwards Lincoln On page 42, line 3, decrease the amount by Biden Feingold Budget Committee, with my support, Mikulski $325,000,000. Bingaman Feinstein Murray adopted an amendment to match the Boxer Graham (FL) On page 42, line 7, decrease the amount by Nelson (FL) $85,000,000. amount included in the Independent Breaux Harkin Nelson (NE) On page 42, line 11, decrease the amount by Byrd Hollings Pryor Budget to adequately provide medical Cantwell Inouye Reed $50,000,000. care for the 6.5 million veterans en- Carper Jeffords Reid On page 42, line 15, decrease the amount by Chafee Johnson rolled in the VA health care system. Rockefeller $25,000,000. This represented a nearly $2 billion in- Clinton Kennedy On page 42, line 19, decrease the amount by Conrad Kerry Sarbanes crease over the funding level requested Corzine Kohl Schumer $15,000,000. by the President. Daschle Landrieu Stabenow The PRESIDING OFFICER. Is there Senator DORGAN’s amendment will Dayton Lautenberg Wyden further debate on the amendments? build upon this success by helping to Dodd Leahy The Senator from Oregon. provide additional resources to appro- NAYS—51 Mr. WYDEN. Very briefly, amend- priately fund other key functions of Alexander Dole McConnell ment No. 328 is a bipartisan amend- the Department of Veterans Affairs. Allard Domenici Miller ment that Senator KYL and I have co- The Dorgan amendment adds $1.019 bil- Allen Ensign Murkowski sponsored with Senator DOMENICI, Sen- Bennett Enzi Nickles lion to the total for veterans discre- Bond Fitzgerald Roberts ator BINGAMAN, and others. It deals tionary programs to match the amount Brownback Frist Santorum with the national fire plan. Suffice it identified as necessary by the Inde- Bunning Graham (SC) Sessions to say, Senators know that the West Burns Grassley Shelby over the last few summers has just pendent Budget. Among other things, Campbell Gregg Smith these funds will be utilized to signifi- Chambliss Hagel Snowe been an inferno. We expect another cantly boost VA medical and pros- Cochran Hatch Specter very hot summer. This legislation is a thetics research, improve the proc- Coleman Hutchison Stevens bipartisan initiative which would allow Collins Inhofe Sununu essing of veterans benefits, fund much Cornyn Kyl Talent us to set aside additional funds for for- needed construction, renovation and Craig Lott Thomas est restoration, hazardous fuels reduc- maintenance projects, and ensure that Crapo Lugar Voinovich tion and fire research, and real on-the- are veterans are buried with honor. DeWine McCain Warner ground collaboration with States and Mr. President, our Nation’s veterans, The amendment (No. 385) was re- localities to help them improve their like the men and women in Iraq today, jected. environment and protect against cata- answered the call of their nation— Mr. NICKLES. Mr. President, I move strophic fire. It is backed by the timber marching into harm’s way to preserve to reconsider the vote on the Dorgan industry and a host of environmental the ideals of liberty and democracy amendment No. 385. groups. I see my colleague from Ari- which we, as Americans, hold so dear. Mr. LEAHY. I move to lay that mo- zona on the floor as well. In my view, making sure that our vet- tion on the table. It is a bipartisan amendment on erans receive adequate and timely The motion to lay on the table was which Western Senators cooperated. I health care and the other benefits to agreed to. urge my colleagues to support it. which they are entitled is a small price The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there to pay to express our continued grati- ator from Oklahoma. further debate? tude for their unwavering service to AMENDMENTS NOS. 328 AND 282, EN BLOC The Senator from Arizona. our nation. Mr. NICKLES. Mr. President, I ask Mr. KYL. Mr. Senator, let me add to The PRESIDING OFFICER. The Sen- unanimous consent to call up and pass the comments of my colleague from ator from Oklahoma. amendment No. 328, sponsored by Sen- Oregon. I compliment him for the work Mr. NICKLES. I urge my colleagues ators WYDEN and KYL, regarding the he has done. This is a good example of to vote no on this amendment. I think national fire plan; and amendment No. bipartisanship in working to solve a

VerDate Dec 13 2002 05:30 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\A21MR6.034 S21PT1 March 21, 2003 CONGRESSIONAL RECORD — SENATE S4243 national problem. The people from the On page 4, line 19, decrease the amount by On page 6, line 23, decrease the amount by Appropriations Committee, the admin- $4,376,000,000. $90,622,000,000. istration, and the Democratic and Re- On page 4, line 20, decrease the amount by On page 6, line 24, decrease the amount by publican Parties in the Senate have $4,974,000,000. $101,476,000,000. On page 4, line 21, decrease the amount by On page 6, line 25, decrease the amount by come together to restore some of these $5,588,000,000. $133,055,000,000. funds so we could help to create On page 4, line 22, decrease the amount by On page 7, line 1, decrease the amount by healthy forests for the benefit of all. $7,219,000,000. $163,148,000,000. The PRESIDING OFFICER. Is there On page 4, line 23, decrease the amount by On page 7, line 2, decrease the amount by further debate? $10,657,000,000. $243,317,000,000. If not, the question is on agreeing to On page 4, line 24, decrease the amount by On page 7, line 3, decrease the amount by amendments Nos. 328 and 282 en bloc. $15,140,000,000. $332,548,000,000. The amendments (No. 328 and No. 282) On page 5, line 4, decrease the amount by On page 40, line 2, decrease the amount by $77,000,000. were agreed to en bloc. $77,000,000. On page 5, line 5, decrease the amount by On page 40, line 3, decrease the amount by AMENDMENT NO. 339, AS MODIFIED $718,000,000. $77,000,000. Mr. NICKLES. Mr. President, the On page 5, line 6, decrease the amount by On page 40, line 6, decrease the amount by next amendment we will have will be $1,974,000,000. $718,000,000. by the Senator from Louisiana, Mr. On page 5, line 7, decrease the amount by On page 40, line 7, decrease the amount by $3,035,000,000. BREAUX. There will be a 10-minute time $718,000,000. On page 5, line 8, decrease the amount by On page 40, line 10, decrease the amount by limitation. It is a very large amend- $3,789,000,000. ment. I ask that the Senator from Lou- $1,974,000,000. On page 5, line 9, decrease the amount by On page 40, line 11, decrease the amount by isiana be recognized. $4,376,000,000. $1,974,000,000. The PRESIDING OFFICER. The Sen- On page 5, line 10, decrease the amount by On page 40, line 14, decrease the amount by ator from Louisiana. $4,974,000,000. $3,035,000,000. Mr. BREAUX. Mr. President, I ask On page 5, line 11, decrease the amount by On page 40, line 15, decrease the amount by unanimous consent to modify the $5,588,000,000. $3,035,000,000. amendment and send the modification On page 5, line 12, decrease the amount by On page 40, line 18, decrease the amount by $7,219,000,000. $3,789,000,000. to the desk. On page 5, line 13, decrease the amount by The PRESIDING OFFICER. Without On page 40, line 19, decrease the amount by $10,657,000,000. $3,789,000,000. objection, it is so ordered. On page 5, line 14, decrease the amount by The amendment, as modified, is as On page 40, line 22, decrease the amount by $15,140,000,000. $4,376,000,000. follows: On page 5, line 17, increase the amount by On page 40, line 23, decrease the amount by On page 3, line 9, increase the amount by $10,511,000,000. $4,376,000,000. $10,433,000,000. On page 5, line 18, increase the amount by On page 41, line 2, decrease the amount by On page 3, line 10, increase the amount by $23,733,000,000. $4,974,000,000. $23,015,000,000. On page 5, line 19, increase the amount by On page 41, line 3, decrease the amount by On page 3, line 11, increase the amount by $19,935,000,000. $4,974,000,000. $17,962,000,000. On page 5, line 20, increase the amount by On page 41, line 6, decrease the amount by On page 3, line 12, increase the amount by $15,203,000,000. $5,588,000,000. $12,167,000,000. On page 5, line 21, increase the amount by On page 41, line 7, decrease the amount by On page 3, line 13, increase the amount by $10,681,000,000. $5,588,000,000. $6,893,000,000. On page 5, line 22, increase the amount by On page 41, line 10, decrease the amount by On page 3, line 14, increase the amount by $10,559,000,000. $7,219,000,000. $6,183,000,000. On page 5, line 23, increase the amount by On page 41, line 11, decrease the amount by On page 3, line 15, increase the amount by $10,853,000,000. $7,219,000,000. $5,879,000,000. On page 5, line 24, increase the amount by On page 41, line 14, decrease the amount by On page 3, line 16, increase the amount by $11,580,000,000. $10,657,000,000. $5,992,000,000. On page 5, line 25, increase the amount by On page 41, line 15, decrease the amount by On page 3, line 17, increase the amount by $50,093,000,000. $10,657,000,000. $42,874,000,000. On page 6, line 1, increase the amount by On page 41, line 18, decrease the amount by On page 3, line 18, increase the amount by $80,169,000,000. $15,140,000,000. $69,512,000,000. On page 6, line 2, increase the amount by On page 41, line 19, decrease the amount by On page 3, line 19, increase the amount by $89,231,000,000. $74,090,000,000. On page 6, line 5, decrease the amount by $15,140,000,000. On page 3, line 23, increase the amount by $10,511,000,000. On page 45, line 24, strike the amount and $10,433,000,000. On page 6, line 6, decrease the amount by insert ‘‘$323,284,000,000.’’ On page 4, line 1, increase the amount by $32,244,000,000. The PRESIDING OFFICER. The Sen- $23,015,000,000. On page 6, line 7, decrease the amount by ator from Louisiana. On page 4, line 2, increase the amount by $54,179,000,000. Mr. BREAUX. Mr. President, we have $17,962,000,000. On page 6, line 8, decrease the amount by On page 4, line 3, increase the amount by worked in a bipartisan fashion. This $69,382,000,000. $12,167,000,000. amendment is sponsored by myself, On page 4, line 4, increase the amount by On page 6, line 9, decrease the amount by Senator VOINOVICH from Ohio, Senator $80,063,000,000. $6,893,000,000. BAUCUS, and also Senator SNOWE. We On page 4, line 5, increase the amount by On page 6, line 10, decrease the amount by $90,622,000,000. have believed there ought to be a way $6,183,000,000. of reaching an agreement on the size of On page 4, line 6, increase the amount by On page 6, line 11, decrease the amount by $5,879,000,000. $101,476,000,000. the tax cut that is reasonable and more On page 4, line 7, increase the amount by On page 6, line 12, decrease the amount by balanced than the $626 billion tax cut $5,992,000,000. $113,055,000,000. currently pending before the Senate. On page 4, line 8, increase the amount by On page 6, line 13, decrease the amount by There are some who have suggested $42,874,000,000. $163,148,000,000. that we would like to have no tax cut On page 4, line 9, increase the amount by On page 6, line 14, decrease the amount by $243,317,000,000. whatsoever. That would probably be $69,512,000,000. the better course of action, if we could On page 4, line 10, increase the amount by On page 6, line 15, decrease the amount by $74,090,000,000. $332,548,000,000. find the votes to do that, because con- On page 4, line 14, decrease the amount by On page 6, line 18, decrease the amount by ditions are dramatically different from $77,000,000. $10,511,000,000. what they were the last time we con- On page 4, line 15, decrease the amount by On page 6, line 19, decrease the amount by sidered a major tax cut. $718,000,000. $34,244,000,000. The last time we did a tax cut, we On page 4, line 16, decrease the amount by On page 6, line 20, decrease the amount by had a $5.6 trillion surplus. We do not $1,974,000,000. $54,179,000,000. On page 4, line 17, decrease the amount by On page 6, line 21, decrease the amount by have that surplus. In fact, we have a $3,035,000,000. $69,382,000,000. $300 billion deficit facing us. There is On page 4, line 18, decrease the amount by On page 6, line 22, decrease the amount by no pot of money to which we can go to $3,789,000,000. $80,063,000,000. have a large tax cut of that magnitude.

VerDate Dec 13 2002 04:06 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\G21MR6.046 S21PT1 S4244 CONGRESSIONAL RECORD — SENATE March 21, 2003 In addition to that, we are at war. We The PRESIDING OFFICER. The Sen- The Breaux amendment brings the are not at peace. ator reserves the remainder of his fast-tract tax cut down to $350 billion. The PRESIDING OFFICER. The Sen- time. I would prefer it to go much lower than ator’s time has expired. Ms. SNOWE. Mr. President, our that. In fact, I would prefer delaying Who yields time in opposition? amendment is straightforward, respon- all tax cuts and spending increases The Senator from Oklahoma. sible and practical. It reflects the re- until we can put together an honest Mr. NICKLES. Mr. President, it is ality of the confluence of cir- budget that looks at what we can af- my belief that if this amendment cumstances we face—a war on ter- ford to do in light of what we must do. passed, we would take the growth out rorism and in Iraq, a struggling econ- But if the choice is between $725 billion of the growth package. I call upon my omy, increased homeland security for an ill-timed, ill-conceived idea and colleague, the chairman of the Finance needs, and increased Federal deficits, $350 billion for an ill-timed, ill-con- Committee. with this year’s projected deficit al- ceived idea, I will pick the latter and The PRESIDING OFFICER. The Sen- ready having increased by more than 54 urge my colleagues to do the same. ator from Oklahoma has claimed the 1 percent. Mr. HATCH. Mr. President, I rise minute in opposition. The Senator The amendment is a carefully cali- today to urge my colleagues to reject from Oklahoma has 1 minute remain- brated, balanced approach to respond the Breaux amendment to the budget ing. to two compelling needs—first, to pro- resolution that would reduce the size of Mr. BREAUX. Mr. President, I make vide immediate, short-term stimulus the President’s growth and jobs plan to a point of order. I understood that the to an economy that has lost 2.3 million $350 billion. I think my colleagues all Budget chairman asked that we have 10 jobs and, second, to avoid driving up recognize that such a drastic reduction minutes on this because of the impor- deficits over the long term which, in in the size of the growth package would tance of the amendment. turn, lead to increased long-term inter- make it most difficult for the Finance The PRESIDING OFFICER. The re- est rates that would stagnate our econ- Committee to include the Bush pro- quest was for 10 minutes on the vote. omy. posal to eliminate the taxation on cor- Amendments have been given 2 min- Our approach is simple—we differen- porate dividends. utes on each side, equally divided. tiate between those aspects of the I know that a number of my col- The PRESIDING OFFICER. The Sen- growth package that truly provide leagues have their doubts about the ator from Oklahoma. quick, short-term economic stimulus President’s proposal to eliminate the Mr. NICKLES. Mr. President, I ask and those that do not. For those that double tax on dividends, and I would unanimous consent that there be 5 don’t, let’s debate them later, and if like to take a few moments to try to minutes on each side for this amend- they have merit, let’s pay for them as persuade them to support the Presi- ment. we go, not with deficit spending that dent’s proposal. Today, I will address The PRESIDING OFFICER. Without threatens our economy in the future as two aspects of this important issue— objection, it is so ordered. well as our ability to address pressing how ending this double tax will help to- The Senator from Louisiana. national priorities such as strength- day’s seniors, and how ending the dou- Mr. BREAUX. I thank the distin- ening Social Security and Medicare as ble tax will impact our Nation’s eco- guished chairman. I apologize for the baby boomers begin to retire in 2008. nomic future. misunderstanding. I will ask the co- Mr. President, our measure provides First, let us talk about how the dou- sponsors if they would like to make a a ‘‘right-sized’’ stimulus of $350 billion ble taxation of dividends affects older comment. while committing $376 billion to deficit Americans. The point is that we are at war. Turn reduction. It deserves strong bipartisan Our Nation’s seniors have spent dec- on the television. Our men and women support, and I hope my colleagues will ades working long, hard hours, scrimp- are fighting in the deserts of Iraq right vote for this amendment. ing and saving for a well-deserved re- I yield the floor. tirement, only to find that no matter now. We are being asked to cut tax rev- Mr. KOHL. Mr. President, I rise enues by $626 billion to pay for those how old they get, the tax man still has today in support of the Breaux amend- them in his sights. Age brings wisdom, functions. It would be one thing if we ment to S. Con. Res. 23, the budget res- but not tax relief. had a surplus out of which to take it. olution. This amendment directs the Fifteen or 20 years ago, it was com- We do not. We are taking it out of a Finance Committee to limit the mon tax-planning wisdom to defer deficit. We are cutting taxes at a time amount of tax cuts that could be one’s income until the retirement of uncertainty while we are in the mid- passed through the fast track reconcili- years. Why? Because the tax rate faced dle of a war. If we do need a tax cut of ation procedure to $350 billion over 11 by seniors was almost always lower that magnitude, I would suggest we do years. The budget before us includes then the tax rate paid during one’s it after the conflict is over, after we over twice that much in its so-called working years. Unfortunately, this is know how much it has cost, after we must pass economic stimulus package. generally no longer the case. Millions know how much we need to spend on It is astounding to me that, on the of senior citizens are now paying taxes programs such as Medicare and pre- eve of war, we are seriously contem- at as high or higher a rate in retire- scription drugs which are not included plating $725 billion in tax cuts in the ment than they did during their work- in this budget whatsoever. same budget that does not include a ing years. The better course of action would be dime for the war or its associated This year, I want to help President to adopt our amendment. It presents a costs. Our budget is a statement of pri- Bush change all that. The President $350 billion tax cut, which is half of orities. Do we really mean to say that has a plan for cutting taxes for seniors, what is pending right now, and it uses giving a tax break primarily to upper and I intend to work with him to put the remainder of those savings, which income taxpayers is 725 billion times his plan into law. We want to dramati- would be $275 billion, for deficit reduc- more important than adequately fight- cally reduce the marriage penalty for tion. ing the war, rebuilding Iraq, and pro- seniors, we want to expand the 10-per- Some may say, ‘‘That is not what I tecting our communities for cent income tax bracket, and we want would like to do,’’ but I think this is relatiatory terrorist attacks? to speed up all of the rate cuts that are something that is politically possible Of course not. No one thinks that. scheduled to be phased in over the next to accomplish. We can always come But I do believe that some are using few years. back and increase the tax cut. That the diversion of war to rush through a And on top of all that we want to will be easy to do, if we know how tax cut that is fiscally irresponsible. eliminate the double tax on the divi- much money we have to deal with. We No one wants to return to the days of dends that seniors receive. This is the simply do not know that now. deficit as far as the eye can see and right plan for America’s seniors. The wiser course of action would be debt capable of dragging our country All of the items in the President’s to do what this amendment would do. I down for decades. but that is what plan are good ideas, but as I men- ask for a favorable vote for the bipar- we’ll get when we add a $725 billion tax tioned, today I would like to put par- tisan amendment. cut to the necessary and massive costs ticular focus on ending the double tax I reserve any time I may have. of the war. on dividends.

VerDate Dec 13 2002 04:06 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\G21MR6.048 S21PT1 March 21, 2003 CONGRESSIONAL RECORD — SENATE S4245 Over half of all income tax filers over worse than usual. This tax cut is going economic flexibility and [we should be] 65 years of age pay tax on dividends, to change the way America does busi- dismantling policies that contribute to and over one-third of all filers between ness, and it will increase savings and unnecessary rigidity.’’ 55 and 64 have taxable dividends. Peo- capital formation. And as the Chairman said, the double ple saving for retirement, and people This is not just my opinion. The Her- tax on dividends is a source of rigidity. close to retirement or working for an itage Foundation has used a main- You might ask: How is cutting taxes early retirement are paying a double stream economic model to look at how supposed to make our economy more tax. ending the double tax is likely to help flexible? Why do we call this tax on dividends the economy. They conclude that end- Ending the double tax on dividends a double tax? This is because under ing the double tax will be revenue-neu- helps in two major ways: It cuts the current law, a corporation hands over tral by year 9. So even if Congress lets risk of bankruptcy and it helps to more than a third of its profits to the spending grow at the projected rate, make sure that investment funds flow Federal Government in taxes, and then this proposal is an 8-year investment in to the right companies. Let me address when investors get their share of those our economy’s longrun health, and these in order. profits in the form of dividends, we de- then it starts to pay for itself. Why is it America’s corporations mand that investors have to pay reg- Now I would like to see spending load up on debt financing, despite the ular income tax on those very same grow slower than the projected rate, so fact that high debt levels increase the dividends. that we can balance the budget faster risk of bankruptcy? Because our Na- As President Bush keeps reminding and so we can increase the size of the tion’s tax laws have always given them us, taking income once is fair, but tax- private sector, but even if Congress massive financial incentives to do just ing it twice is not. fails to slow down spending, this is still that. By the time State taxes are factored good longrun tax policy. If people The reason is simple. When a cor- in, the combined Federal and State tax think that ending the double tax on poration pays interest to bondholders, rate can exceed 71 percent. This is dividends will blow a permanent hole that payment is taxed once—at the wrong, and it distorts the economy and in the budget, they are living in a shareholder level. But when it pays correcting it will give many benefits to world of pure static-model fantasy. dividends to stockholders, that pay- taxpayers and to the Nation as a whole. In addition, I should point out that ment is taxed twice—to both the cor- We need to remember that this is not the Heritage economic model com- poration and the shareholder. a question of rich versus poor. Older pletely ignored the long-term struc- As leading finance scholars Richard Americans with modest incomes re- tural reforms that this tax cut will Brealey and Stewart Myers write: ceive substantial stock dividends. In bring about, reforms that will reduce ‘‘[T]he . . . United States tax system fact, more than half of tax filers over the risk of future corporate bank- clearly favors debt over equity financ- the age of 65 earning between $30,000 ruptcies. I am going to discuss those ing.’’ If you tax stock payments twice and $40,000 per year receive taxable div- reforms in just a moment. So I believe but you only tax debt payments once, idend income: 50.9 percent, to be exact. that those 9-year-break-even estimates it is clear what companies are going to And because our Nation’s senior citi- should be treated as a worst case sce- do—they will finance most of their zens have been so thrifty during their nario. business by borrowing. lives, these dividend payments are very That is why I believe that ending the By loading up on tax deductible often sizable. double tax on dividends is fiscally re- bonds and bank loans rather than Elderly Americans who receive divi- sponsible. I have already addressed how issuing new shares of stock, corpora- dends and earn between $30,000 and this will help middle-income retirees. tions, increase their chance of going $40,000 per year in total income receive Now I would like to delve into why I bankrupt. We have seen this play out an average of $2,008 every year of that am convinced this is good for our with WorldCom, with US Air, and most income as taxable dividends. Even re- economy’s future. On this issue, I recently United Airlines. The media’s tirees who earn $15,000 to $30,000 per would like to quote Chairman Green- refrain is always the same: ‘‘Today, a year receive substantial dividends. span. This is what the Federal Reserve Fortune 500 company, burdened with Forth-four percent of the elderly in Chairman said a few weeks ago: debt, filed for protection from its credi- this category receive dividends, and I have always supported the elimination of tors.’’ these Americans have to pay a double the double taxation of dividends because I Our Tax Code should not encourage tax on over $1,400 a year in dividends. think it is a major factor restraining flexi- this behavior. Older Americans across the income bility in our economy . . . and moving in the When corporations load up on debt, spectrum pay a double tax on their direction of improving flexibility has very they commit too much of their cash dividends, and it is time to end it. This large long-term payoffs. flow to making interest payments, and will be a great boon to our Nation’s el- Flexibility is an issue that Mr. the threat of bankruptcy becomes all derly who have worked and saved Greenspan has emphasized a lot lately. too real. Once we change this policy, throughout their lives for their retire- He has reminded us, again and again, businesses will find that they have peo- ment. that our Government should do every- ple lined up out the door to buy stocks Now, I would like to turn to our Na- thing it can to make our economy as that pay dividends. When companies tion’s economic future. A few weeks flexible as possible. Why does he want see the clamor for dividend-paying ago, Chairman Greespan came up to a flexible economy? stocks, they will have a much stronger Capitol Hill and told us that ending the This is what he said, and I quote: incentive to pay for new projects and double tax dividends was good tax pol- ‘‘The more flexible an economy, the new factories by issuing new shares of icy, but he wanted us to do it in a fis- greater its ability to self-correct in re- stock rather than running to the bank cally responsible manner. Now, think sponse to inevitable . . . disturbances, for a loan. it is fiscally responsible to end the dou- thus reducing the size’’ of recessions. And then if times get tough, busi- ble tax on dividends. I have no doubt In plain English, he believes that if our nesses will not be as likely to declare that the static revenue estimate for economy is more flexible, then we will bankruptcy and head to Federal court the President’s proposal is far too high. have smaller recessions, and less unem- for a painful reorganization. Instead, Over my 27 years in the Senate, I ployment. many companies will be able to cut have seen time and time again that tax Further, Chairman Greenspan be- their dividend to shareholders, and cuts turned out to cost a lot less than lieves that Congress can do something continue business more or less as the official estimates. We saw it on the about this. Congress can make the usual. Lower dividends are bad news capital gains tax cut and we have seen economy more flexible if we enact good for shareholders, to be sure; but it will it in other tax cuts too. And with a pol- policies, and we can make the economy spare society the pain of bankruptcy. icy that is as good for the economy’s less flexible if we enact bad policies. He Ending the double tax on dividends long-run health as ending the double said, and I quote, ‘‘We should be plac- will not end the business cycle, but it tax, I am confident that the official ing special emphasis on searching for will make it easier to recover from a revenue estimates are going to be far policies that will engineer still greater recession. Bankruptcies spread the

VerDate Dec 13 2002 04:06 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\A21MR6.047 S21PT1 S4246 CONGRESSIONAL RECORD — SENATE March 21, 2003 pain of recession over months and will dump debt on our children. And There is a war going on. When those years, and it can destroy sound compa- the President’s plan is not only too big, men and women come home from the nies that made the mistake of over- but it unfairly favors the wealthiest battlefield, we want a growing econ- promising to banks and bondholders. among us over working families. omy so that those folks will have jobs. This will not end bankruptcy, but it I have filed at the desk an amend- Mr. BREAUX. Mr. President, I yield will prevent a few big ones now and ment to this budget that I believe the remainder of my time to the Sen- then. charts the right course. Consumer con- ator from Ohio. And this is not some untested pie-in- fidence is at its lowest level in 10 years. Mr. VOINOVICH. Mr. President, I the-sky theory. All but two of our Some 300,000 Americans lost their jobs want to share with my colleagues the major trading partners give some kind in February. State and local govern- fact that the budget deficit for 2003 and of relief from the double tax on divi- ments are in trouble. Families and 2004, including Social Security and the dends. And the two countries that do businesses are hurting. We are running cost of the war, is going to be over $500 not give relief—Ireland and Switzer- huge deficits, and we are at war. billion. Again, in 2003 and 2004, includ- land—already have much lower cor- Our economy needs help. Working ing Social Security, it will be a half porate tax rates than we do, so their families need help. But we shouldn’t be trillion dollars. double tax problem is not as bad as burdening future generations with This amendment basically says the ours. more debt. My amendment provides for tax package will be at $350 billion. It The mere fact that other countries a $150 billion tax cut for all Americans also says if this Congress decides to go are doing something does not prove this year and next and it is paid for in over $350 billion, we ought to offset it that it is the right thing for the United the outyears. It will stimulate our either by cutting expenses or, in the al- States. What we want to know is, will economy without sticking our kids ternative, increasing other taxes that our Nation get real, widespread bene- with the bill. are less stimulative to the economy, fits when we get rid of the double tax? Without taking a dime out of Social and paying for a tax reduction that is Here we have to look at history. Security or Medicare, we can give more stimulative to the economy. It New Zealand used to have a double every American worker a one-time makes sense. tax on dividends, but they got rid of it payroll tax holiday of more than $750 We are on the edge of a fiscal crisis in in 1988. And what happened when they that is far more than President Bush’s this country if we keep going the way did that? When New Zealand com- tax plan. We could pass a temporary we are, particularly with the war that pletely eliminated the double tax on job creation tax credit and help small is hanging over us today. dividends, corporate debt levels fell, businesses, all without adding to the Mr. NICKLES. Mr. President, how just as you would expect. Ending the ‘‘debt tax’’ on future generations. much time remains? double tax on dividends cut corporate It we pass the budget now before us— The PRESIDING OFFICER. The Sen- debt levels in New Zealand, and ending if we pass the President’s plan—we will ator has 3 minutes 18 seconds. the double tax on dividends will cut be spending our kids’ money—and that Mr. NICKLES. Mr. President, I urge debt levels here, too. And our economy is wrong. We need a tax cut that goes my colleagues to vote no on this will be safer for it. to working people who will spend the amendment. I have great respect for The Bush proposal to eliminate the money—and we need a tax cut that is my colleagues from Louisiana and double taxation of dividends will have paid for. Let’s do what is right and pass Ohio, and the others who have spon- a very positive effect on the economy, a real stimulus package, and let us do sored the amendment. But it would ba- on seniors, on the tax system, and on what average Americans do: Let’s pay sically gut the President’s growth taxpayers in general. I urge my col- for it. package, cut it in half. The actual tax leagues to reject the Breaux amend- Mr. NICKLES. I yield 21⁄2 minutes to cut would be $323 billion. We have an ment on the budget resolution, so that the chairman of the Finance Com- economy that is over $10 trillion or $11 the Finance Committee can accommo- mittee. trillion per year. Estimated revenues date the dividends proposal in the tax The PRESIDING OFFICER. The Sen- over this period of time are going to be bill we will be putting together in a few ator from Iowa. $27 billion. If you want to make some weeks. Mr. GRASSLEY. Mr. President, obvi- changes that really stimulate and grow Mr. KERRY. Mr. President, I rise to ously we need to be very bold in our re- the economy and create jobs, I think discuss an amendment offered by my sponse to the flagging economy. It is the President has the proposal to do so. good friend from Louisiana, Senator our obligation to the folks who sent us I am afraid that the proposal that BREAUX. The amendment, which was here. We need to respond. Both sides would have $323 billion just would not No. 339 and has been described as the agree on that need, as do the centrists do it. When we reduced the capital moderates tax amendment, would have led by Senators BREAUX and SNOWE. gains tax in 1997 from 28 to 20 percent, reduced the size of the tax cut in the The question is a difference of the size we created a lot of growth. That was a budget resolution from more than $700 of the tax cut. I say be bold. We want positive thing to do. billion to $350 billion. I would like the American businesses, small and large, The President has a good proposal to record to reflect exactly why it is that to grow. We want every American who grow the economy as well. I urge my I voted for this amendment. wants a job to be able to get a job. We colleagues to support the President and I voted for the amendment offered by don’t want to take any chances. a real growth package that would real- Senator BREAUX because it presented I understand the concerns of my ly create jobs. our best chance to cut the size of the friends from the centrist coalition. Then, on the concern for deficit re- irresponsible tax cut in this budget. They are worried about long-term defi- duction, I heard some people say it, but Let me be clear, Mr. President, I do not cits. I am as well. I am more worried, I don’t see the votes showing the same support a $350 billion tax cut as part of though, about the spending side of the conviction on deficit reduction with all this budget. Had the Breaux amend- ledger. Senators BREAUX and SNOWE the add-ons that we have been looking ment passed, I would have sought fur- have a long history of trying to secure at in the last couple of days. ther reductions in the tax cut. bipartisan consensus. We need more So I urge my colleagues to vote no on Today, America is at war in Iraq. We than $350 billion in tax relief to do the this amendment. have troops in Afghanistan and the job the right way. The PRESIDING OFFICER. Who Philippines. We are fighting to keep Don’t get me wrong. If $350 billion is yields time? There are 2 minutes 20 sec- our homeland safe from terrorism. We the number, that is the number that, onds remaining. have pressing needs in health care, edu- as chairman of the Senate Finance Mr. BREAUX. Mr. President, I will cation, and other areas. The Nation is Committee, I will work with. The Fi- conclude my comments on this amend- running deficits. State and local gov- nance Committee will develop the best ment by saying I think those who are ernments are in fiscal crisis. The econ- package we can. My point is, the Fi- concerned about fiscal discipline omy is slumping. For these reasons, a nance Committee can do more growth should be concerned about the state of $350 billion tax cut, just like a $700 bil- incentives with a number above $350 the economy of this country. We are at lion tax cut, is wrong. Both proposals billion. war. We are not at peace.

VerDate Dec 13 2002 05:30 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\A21MR6.049 S21PT1 March 21, 2003 CONGRESSIONAL RECORD — SENATE S4247 We do not have a surplus of $5.6 tril- sponsible budget that includes a sizable On Page 3, line 15, increase the number by lion as we had the last time we did a tax cut—much more than the $350 bil- $27,640,000,000. major tax cut. We have no surplus at lion that this amendment talks about. On Page 3, line 16, increase the number by $34,036,000,000. all. We are in deficit and we are in- He eliminates the deficit within the 10- On Page 3, line 17, increase the number by creasing the deficit by a huge amount year period. It was a hard decision to $169,271,000,000. of money at a time of war and uncer- make, but we need to cut taxes in order On Page 3, line 18, increase the number by tainty in this country. to stimulate the economy, if we really $264,611,000,000. I think the conservative thing to do want to have the revenues as we move On Page 3, line 19, increase the number by is be more careful with tax cuts. They out in order to help pay for the war. We $290,654,000,000. are great things politically, but they know that it is static scoring. On Page 3, line 23, increase the number by are not free; we have to pay for them. The President has come up with a $10,433,000,000. On Page 4, line 1, increase the number by We would be paying for it out of the plan that will truly stimulate the econ- $23,015,000,000. deficit, and I think that is a serious omy. I think the chairman of the Fi- On Page 4, line 2, increase the number by mistake. We need to be responsible, nance Committee has come up with an $17,962,000,000. and this amendment brings about a de- equally effective plan. We need to sup- On Page 4, line 3, increase the number by gree of responsibility that we all port the tax cut. $19,206,000,000. should be able to support. Mr. NICKLES. I yield the remainder On Page 4, line 4, increase the number by The PRESIDING OFFICER. Who of my time to the Senator from New $20,586,000,000. Mexico. On Page 4, line 5, increase the number by yields time? The Senator from Okla- $23,299,000,000. homa has 2 minutes and the Senator Mr. DOMENICI. How much time is On Page 4, line 6, increase the number by from Louisiana has— that, Mr. President? $27,640,000,000. Mr. BREAUX. I will not yield my The PRESIDING OFFICER. It is 40 On Page 4, line 7, increase the number by time back. I have 2 other cosponsors seconds. $34,036,000,000. who would like to be heard. Mr. DOMENICI. I thank the Senator. On Page 4, line 8, increase the number by I yield to the Senator from Maine. First, I believe we have an excellent $169,271,000,000. Ms. SNOWE. I want to make a couple budget. Frankly, we are charged with a On Page 4, line 9, increase the number by lot of things that we are going to try to $264,611,000,000. of points. This amendment is straight- On Page 4, line 10, increase the number by forward, practical, prudent, propor- do. Most important, we have to find $280,654,000,000. tional; it is a carefully calibrated ap- something that will stimulate this On Page 4, line 14, decrease the number by proach in terms of whether we can af- economy. I, frankly, believe the Presi- $77,000,000. ford a certain size growth plan. That is dent has come up with something very On Page 4, line 15, decrease the number by why we made the decision. innovative, exciting, and it is apt to $718,000,000. It wasn’t a question of splitting the work; that is, to change the long- On Page 4, line 16, decrease the number by difference; it was a question of making standing double taxation of dividends. $1,974,000,000. Frankly, I am not sure we know how On Page 4, line 17, decrease the number by a distinction in terms of what con- $3,226,000,000. stitutes a stimulus, what we can afford to stimulate this economy with ref- On Page 4, line 18, decrease the number by to pay for, and what we cannot afford erence to tax cuts, but I do believe we $4,552,000,000. to pay for. That is how I approached know how to make this economy work On Page 4, line 19, decrease the number by this amendment. far better if we change that part of our $6,016,000,000. I think it is important that we think Tax Code. I think we should leave the On Page 4, line 20, decrease the number by carefully if we want to provide deficit tax numbers as they are and vote the $8,757,000,000. financing for nonstimulative proposals. amendment down. On Page 4, line 21, decrease the number by The PRESIDING OFFICER. The Sen- $9,871,000,000. Finally, I should make the point that On Page 4, line 22, decrease the number by we see deficits way into the future, ator’s time has expired. $15,921,000,000. until the year 2013, at a time in which AMENDMENT NO. 386 TO AMENDMENT NO. 339, AS On Page 4, line 23, decrease the number by we have to address Social Security and MODIFIED $29,249,000,000. Medicare. We cannot diminish our abil- Mr. HARKIN. Mr. President, I have a On Page 4, line 24, decrease the number by ity to address those critical programs second-degree amendment at the desk. $44,298,000,000. and the challenges they face. The PRESIDING OFFICER. The On Page 5, line 4, decrease the number by The PRESIDING OFFICER. The Sen- clerk will report the amendment. $77,000,000. The legislative clerk read as follows: On Page 5, line 5, decrease the number by ator from Montana. $718,000,000. Mr. BAUCUS. Mr. President, I have The Senator from Iowa [Mr. HARKIN] pro- On Page 5, line 6, decrease the number by two additional points: One, we have poses an amendment numbered 386 to amend- $1,974,000,000. never reduced taxes in a time of war. ment number 339, as modified. On Page 5, line 7, decrease the number by That is not the American way. We do Mr. HARKIN. Mr. President, I ask $3,226,000,000. not reduce taxes in a time of war. I ask unanimous consent that further read- On Page 5, line 8, decrease the number by you to just look at the TV screens. We ing of the amendment be dispensed $4,552,000,000. are going to be over there for quite a with. On Page 5, line 9, decrease the number by $6,016,000,000. while, in one way or another. The PRESIDING OFFICER. Without On Page 5, line 10, decrease the number by Two, there are many ways to stimu- objection, it is so ordered. $8,757,000,000. late the economy, not only through tax The amendment is as follows: On Page 5, line 11, decrease the number by reductions. It is also by spending. We (Purpose: To reduce the reconciliation in- $9,871,000,000. are spending dollars on homeland secu- struction by $375 billion, reduce the size of On Page 5, line 12, decrease the number by rity. I urge my colleagues to vote for tax cuts allowed by $980 billion, and to re- $15,921,000,000. this amendment. duce deficits by $1.1 Trillion) On Page 5, line 13, decrease the number by Mr. NICKLES. Mr. President, most Strike all of the words after the words ‘‘On $29,249,000,000. On Page 5, line 14, decrease the number by individuals in this body support some Page 3,’’ on page 1, line 1 of the amendment and insert the following: $44,298,000,000. size of growth package. A few were at On Page 3, line 9, increase the number by On Page 5, line 17, increase the number by zero, a few at $140 billion, some $350 bil- $10,433,000,000. $10,511,000,000. lion, and some are with the President’s On Page 3, line 10, increase the number by On Page 5, line 18, increase the number by package, which is $696 billion—$725 bil- $23,015,000,000. $23,733,000,000. lion if you add refundables. On Page 3, line 11, increase the number by On Page 5, line 19, increase the number by I yield time to Senator ALLARD. $17,962,000,000. $19,935,000,000. The PRESIDING OFFICER. The Sen- On Page 3, line 12, increase the number by On Page 5, line 20, increase the number by $19,206,000,000. $22,432,000,000. ator from Colorado is recognized. On Page 3, line 13, increase the number by On Page 5, line 21, increase the number by Mr. ALLARD. Mr. President, I com- $20,586,000,000. $25,138,000,000. pliment the chairman of the Budget On Page 3, line 14, increase the number by On Page 5, line 22, increase the number by Committee. He put together a very re- $23,299,000,000. $29,675,000,000.

VerDate Dec 13 2002 04:18 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\G21MR6.052 S21PT1 S4248 CONGRESSIONAL RECORD — SENATE March 21, 2003 On Page 5, line 23, increase the number by On page 41, line 10, decrease the amount by The assistant legislative clerk called $35,397,000,000. $15,921,000,000. the roll. On Page 5, line 24, increase the number by On page 41, line 11, decrease the amount by The PRESIDING OFFICER. Are there $43,907,000,000. $15,921,000,000. On Page 5, line 25, increase the number by On page 41, line 14, decrease the amount by any other Senators in the Chamber de- $185,184,000,000. $28,546,000,000. siring to vote? On Page 6, line 1, increase the number by On page 41, line 15, decrease the amount by The result was announced—yeas 58, $283,057,000,000. $28,546,000,000. nays 42, as follows: On Page 6, line 2, increase the number by On page 41, line 18, decrease the amount by [Rollcall Vote No. 75 Leg.] $335,542,000,000. $44,888,000,000. On Page 6, line 5, decrease the number by On page 41, line 19, decrease the amount by YEAS—58 $10,511,000,000. $44,888,000,000. Alexander DeWine Miller On Page 6, line 6, decrease the number by On page 45, line 24, strike the amount and Allard Dole Murkowski $34,344,000,000. insert $373,284,000,000. Allen Domenici Nelson (FL) On Page 6, line 7, decrease the number by Mr. HARKIN. I ask for 1 minute. Baucus Ensign Nelson (NE) Bayh Enzi Nickles $55,179,000,000. The PRESIDING OFFICER. Is there Bennett Fitzgerald On Page 6, line 8, decrease the number by Roberts objection? Bond Frist Santorum $76,661,000,000. The Senator is recognized for 1 Breaux Graham (SC) Sessions On page 6, line 8, decrease the amount by Brownback Grassley minute. Shelby Bunning Gregg $101,849,000,000. Smith Mr. HARKIN. Mr. President, my Burns Hagel On page 6, line 9, decrease the amount by Snowe amendment simply holds the size of the Campbell Hatch $131,064,000,000. Specter tax cut to $350 billion. Any tax cuts be- Chafee Hollings On page 6, line 10, decrease the amount by Chambliss Hutchison Stevens $131,069,000,000. yond $350 billion would have to be off- Cochran Inhofe Sununu On page 6, line 11, decrease the amount by set under my amendment or they Coleman Kyl Talent $166,641,000,000. would face a budget point of order re- Collins Lott Thomas On page 6, line 12, decrease the amount by quiring 60 votes. Many colleagues may Cornyn Lugar Voinovich Craig McCain Warner $210,368,000,000. say, wait a minute, I thought that was On page 6, line 13, decrease the amount by Crapo McConnell what the underlying amendment does. $395,559,000,000. NAYS—42 On page 6, line 14, decrease the amount by The underlying amendment still allows for $940 billion in tax cuts in the fu- Akaka Durbin Leahy $788,716,000,000. Biden Edwards Levin On page 6, line 15, decrease the amount by ture. It does reduce down to $350 billion Bingaman Feingold Lieberman $1,014,358,000,000. the amount of tax cut under reconcili- Boxer Feinstein Lincoln On page 6, line 18, decrease the amount by ation, but it still allows for $600 billion Byrd Graham (FL) Mikulski $10,511,000,000. Cantwell Harkin Murray more in tax cuts. Carper Inouye Pryor On page 6, line 19, decrease the amount by My amendment says $350 billion, and $34,244,000,000. Clinton Jeffords Reed On page 6, line 20, decrease the amount by cap it at that. No more. Any tax breaks Conrad Johnson Reid beyond that would either have to be Corzine Kennedy Rockefeller $54,179,000,000. Daschle Kerry Sarbanes On page 6, line 21, decrease the amount by offset or it would require 60 votes to Dayton Kohl Schumer $76,611,000,000. overcome a point of order. It is very Dodd Landrieu Stabenow On page 6, line 22, decrease the amount by simple. It is a cap of $350 billion on tax Dorgan Lautenberg Wyden $101,749,000,000. cuts. The motion was agreed to. On page 6, line 23, decrease the amount by Mr. NICKLES. Mr. President, I ask The PRESIDING OFFICER. The $131,064,000,000. unanimous consent to speak for 1 On page 6, line 24, decrease the amount by question is on agreeing to amendment $176,461,000,000. minute in opposition to the Harkin No. 339, as modified. On page 6, line 25, decrease the amount by amendment. Mr. NICKLES. I ask for the yeas and $210,368,000,000. The PRESIDING OFFICER. Is there nays. On page 7, line 1, decrease the amount by objection? Without objection, it is so The PRESIDING OFFICER. Is there a $395,589,000,000. ordered. sufficient second? On page 7, line 2, decrease the amount by Mr. NICKLES. Mr. President, for the $739,316,000,000. There appears to be a sufficient sec- information of our colleagues, we have ond. On page 7, line 3, decrease the amount by had great cooperation on this bill. We $1,014,258,000,000. The clerk will call the roll. On page 40, line 2, decrease the amount by have not had second-degree amend- The legislative clerk called the roll. $77,000,000. ments. We have tried to avoid them The result was announced—yeas 38, On page 40, line 3, decrease the amount by and be expeditious. nays 62, as follows: $77,000,000. We have not seen this amendment. I On page 40, line 6, decrease the amount by do know the effect of this amendment [Rollcall Vote No. 76 Leg.] $718,000,000. would be in the outyears we would be YEAS—38 On page 40, line 7, decrease the amount by taking a 10-percent rate and making it Baucus Edwards Murray $718,000,000. 15 percent. I do know in the outyears Bayh Feingold Nelson (FL) On page 40, line 10, decrease the amount by Biden Graham (FL) Nelson (NE) $1,974,000,000. we would eliminate the marriage pen- Bingaman Inouye Pryor On page 40, line 11, decrease the amount by alty relief. I do know the effect of it Boxer Johnson Reid $1,974,000,000. would be reduce the child tax credit Breaux Kerry Rockefeller Cantwell Kohl On page 40, line 14, decrease the amount by from $1,000 to $500. Sarbanes Carper Landrieu Schumer $3,226,000,000. I urge my colleagues to vote in favor Conrad Leahy Snowe On page 40, line 15, decrease the amount by Corzine Levin of a motion to table the Harkin amend- Stabenow $3,226,000,000. Daschle Lieberman ment. I make that motion. Voinovich On page 40, line 18, decrease the amount by Dayton Lincoln Mr. HARKIN. I ask for the yeas and Wyden $4,552,000,000. Dorgan Mikulski nays. On page 40, line 19, decrease the amount by NAYS—62 $4,552,000,000. Mr. NICKLES. I make the motion to On page 40, line 22, decrease the amount by table the Harkin amendment. Akaka Cochran Fitzgerald Alexander Coleman Frist $6,016,000,000. The PRESIDING OFFICER. A motion Allard Collins Graham (SC) On page 40, line 23, decrease the amount by has been made to table. Allen Cornyn Grassley $6,016,000,000. Mr. NICKLES. I ask for the yeas and Bennett Craig Gregg On page 41, line 2, decrease the amount by nays. Bond Crapo Hagel $7,757,000,000. The PRESIDING OFFICER. Is there a Brownback DeWine Harkin On page 41, line 3, decrease the amount by Bunning Dodd Hatch $7,757,000,000. sufficient second? Burns Dole Hollings Byrd Domenici Hutchison On page 41, line 6, decrease the amount by There appears to be a sufficient sec- ond. Campbell Durbin Inhofe $9,871,000,000. Chafee Ensign Jeffords On page 41, line 7, decrease the amount by The question is on agreeing to the Chambliss Enzi Kennedy $9,871,000,000. motion. The clerk will call the roll. Clinton Feinstein Kyl

VerDate Dec 13 2002 04:18 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\A21MR6.037 S21PT1 March 21, 2003 CONGRESSIONAL RECORD — SENATE S4249 Lautenberg Nickles Specter Mr. BYRD. Mr. President, the budget The PRESIDING OFFICER. The Lott Reed Stevens resolution currently before the Senate question is on agreeing to amendment Lugar Roberts Sununu McCain Santorum Talent cuts funding for Amtrak by almost 22 No. 387. McConnell Sessions Thomas percent. There is no question that this Mr. BYRD. Mr. President, I ask for Miller Shelby Warner funding level will put Amtrak into Murkowski Smith the yeas and nays. bankruptcy during the next fiscal year. The PRESIDING OFFICER. Is there a The amendment (No. 339), as modi- We must not let that happen. The bi- sufficient second? fied, was rejected. partisan Amtrak board of directors has Mr. LOTT. Mr. President, I move to There is a sufficient second. The stated that Amtrak needs $1.8 billion clerk will call the roll. reconsider the vote. next year to operate all its trains and Mr. CRAIG. I move to lay that mo- The legislative clerk called the roll. make a minimum level of capital in- The result was announced—yeas 51, tion on the table. vestment. That board includes several The motion to lay on the table was nays 49, as follows: Republicans. agreed to. This amendment that I offer with [Rollcall Vote No. 77 Leg.] The PRESIDING OFFICER. The Sen- Senator LAUTENBERG would fund Am- YEAS—51 ator from Oklahoma. trak at that $1.8 billion level. It is paid Akaka Dorgan Levin Mr. NICKLES. Mr. President, in our for by reducing the tax cut by just $900 Baucus Durbin Lieberman list of amendments that we are work- Bayh Edwards Lincoln million for 1 year. We need to stop hav- ing on, Senator KENNEDY is next. I be- Biden Feingold Mikulski ing our national passenger railroad lieve we will be able to work that Bingaman Feinstein Murray service just survive from one financial Boxer Graham (FL) Nelson (FL) amendment out so we will not have to crisis to the next. We need to allow the Breaux Harkin Nelson (NE) have a Gregg amendment as well. We Byrd Hollings Pryor next president of Amtrak to continue will pass on both of those and probably Cantwell Inouye Reed to reform Amtrak, rather than oversee Carper Jeffords Reid accept Senator KENNEDY’s amendment its liquidation. Chafee Johnson Rockefeller as modified in just a moment. Clinton Kennedy Sarbanes I encourage all Senators to save rail The next amendment on our list will Conrad Kerry Schumer service in this country and support this be an amendment by the Senator from Corzine Kohl Snowe amendment. Daschle Landrieu Specter West Virginia, Senator BYRD. Mr. SPECTER. Mr. President, I will Dayton Lautenberg Stabenow Mr. President, can we have Senator Dodd Leahy Wyden vote in favor of the Byrd amendment BYRD’s Amtrak amendment. NAYS—49 The PRESIDING OFFICER. It has to the fiscal year 2004 budget resolu- not yet been sent to the desk. tion to increase Amtrak’s budget in fis- Alexander Dole McConnell Allard Domenici Miller Mr. NICKLES. Does the Senator from cal year 2004 from $900 million to $1.8 billion because this level of funding is Allen Ensign Murkowski West Virginia have the amendment? If Bennett Enzi Nickles not, we will find a copy of it. critical for Amtrak’s continued oper- Bond Fitzgerald Roberts ations next year. Without this addi- Brownback Frist Santorum Mr. BYRD. Mr. President, I suggest Bunning Graham (SC) the absence of a quorum. tional funding, Amtrak would be forced Sessions Burns Grassley Shelby to entirely shut down its operations. Campbell Gregg The PRESIDING OFFICER. The Smith This amendment does not take fund- Chambliss Hagel clerk will call the roll. Stevens Cochran Hatch The senior assistant bill clerk pro- ing from the President’s $726 billion Sununu growth package. This additional $900 Coleman Hutchison ceeded to call the roll. Collins Inhofe Talent Mr. BYRD. Mr. President, I ask unan- million is offset from the $600 billion in Cornyn Kyl Thomas tax cuts over the 10 years just as the Craig Lott Voinovich imous consent the order for the Warner $1.8 billion, accepted by Senator NICK- Crapo Lugar quorum call be rescinded. DeWine McCain The PRESIDING OFFICER. Without LES, on the Kennedy amendment to add objection, it is so ordered. to the Pell Grants. The amendment (No. 387) was agreed AMENDMENT NO. 387 I am committed to the specified tax to. Mr. BYRD. Mr. President, I have an cuts over the next 10 years and there Mr. BYRD. Mr. President, I move to amendment. I send the amendment to will be ample time to reallocate the reconsider the vote. the desk. $900 million for Amtrak as well as the Mr. LAUTENBERG. I move to lay The PRESIDING OFFICER. The $1.8 billion for the Pell Grants. that motion on the table. clerk will report the amendment. The PRESIDING OFFICER. Who The motion to lay on the table was The legislative clerk read as follows: yields time in opposition? The Senator agreed to. The Senator from West Virginia (Mr. from Oklahoma. The PRESIDING OFFICER. The Sen- BYRD) proposes an amendment numbered 387. Mr. NICKLES. Mr. President, I urge ator from Massachusetts. (Purpose: To provide adequate funds for the our colleagues to vote no on this amendment. I have the greatest respect AMENDMENT NO. 311, AS MODIFIED National Railroad Passenger Corporation Mr. KENNEDY. Mr. President, I call (Amtrak)) for Senator BYRD and his support of up amendment No. 311. I send a modi- On page 3, line 10, increase the amount by Amtrak. I happen to be a supporter of $912,000,000. Amtrak. But the net essence of this fication to the desk and ask unanimous On page 4, line 1, increase the amount by amendment would be to double the consent for its consideration. $912,000,000. amount of money we have for Amtrak. The PRESIDING OFFICER. Is there On page 4, line 15, increase the amount by We proposed $900 million. That happens objection to modifying the amend- $912,000,000. ment? On page 5, line 5, increase the amount by to be what the Department of Trans- $912,000,000. portation has requested. I remind our Without objection, it is so ordered. On page 21, line 23, increase the amount by colleagues, a few years ago we were The legislative clerk read as follows: $912,000,000. going to say that Amtrak would not The Senator from Massachusetts [Mr. KEN- On page 21, line 24, increase the amount by need subsidies by this year. NEDY], for himself and Mr. DODD, Mr. $912,000,000. If you look, this would more than DASCHLE, Mr. FEINGOLD, Mr. BINGAMAN, Mrs. On page 47, line 5, increase the amount by double the amount of money. The larg- MURRAY, Mr. REED, Ms. CANTWELL, and Ms. $912,000,000. est subsidy it has ever received was COLLINS, proposes an amendment numbered On page 47, line 6, increase the amount by 311, as modified. $912,000,000. last year and that was because of the Mr. BYRD. Mr. President, may we supplemental, so to go from $490 mil- Mr. KENNEDY. Mr. President, I ask have order in the Senate? lion to 1.8 is more than doubling the unanimous consent that reading of the The PRESIDING OFFICER. The Sen- Federal subsidies to Amtrak. Right amendment be dispensed with. ate will come to order. now the cost in some cases from city to The PRESIDING OFFICER. Without The Senator from West Virginia is city exceeds that of air passenger serv- objection, it is so ordered. recognized for 1 minute on his amend- ice. I urge my colleagues to vote no on The amendment, as modified, is as ment. the amendment. follows:

VerDate Dec 13 2002 04:18 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\A21MR6.043 S21PT1 S4250 CONGRESSIONAL RECORD — SENATE March 21, 2003 (Purpose: To increase the maximum Pell leges for Teacher Education, American Asso- cational and technical education, and librar- Grant from $4,050 to $4,500 at a cost of $1.8 ciation of College Registrars and Admissions ies. It also assumes terminating 46 impor- billion and reduce the public debt by an ad- Officers, American Association for Higher tant education programs totaling $1.6 bil- ditional $1.8 billion, both paid for by a re- Education, American Association of Univer- lion. Moreover, it calls for a draconian cut of duction in the non-reconciliation tax cut) sity Professors, American College Personnel $9.7 billion over ten years for mandatory On page 3, line 10, increase the amount by Association, American College Testing, education spending on critical programs $360,000,000. American Dental Education Association, such as school lunch and student loans. American Indian Higher Education Consor- On page 3, line 11, increase the amount by The budget resolution is especially objec- tium, American Jewish Congress, American $1,404,000,000. tionable in light of the urgent fiscal crisis in Psychological Association, American Soci- On page 3, line 2, increase the amount by education resources at the state level; the ety for Engineering Education, American $36,000,000. escalating costs of federal standards and ac- Student Association of Community Colleges, On page 4, line 1, increase the amount by countability requirements on elementary APPA: The Association of Higher Education $360,000,000. and secondary schools; and the explosion of Facilities Officers, Association of Academic On page 4, line 2, increase the amount by enrollments of low-income postsecondary Health Centers, Association of Advanced $1,404,000,000. students. The federal commitment to edu- Rabbinical and Talmudic Schools, Associa- On page 4, line 3, increase the amount by cation is now more crucial than ever to tion of American Law Schools, Association $36,000,000. carry out school reform and ensure access to of American Medical Colleges, Association of On page 4, line 15, increase the amount by higher education for millions of students. $1,800,000,000. Governing Boards of Universities and Col- On page 5, line 5, increase the amount by leges, Association of Jesuit Colleges and Uni- Again, we urge you to vote against the $360,000,000. versities, Career College Association, Citi- House Budget Resolution and support On page 5, line 6, increase the amount by zen’s Scholarship Foundation of America, amendments that restore education cuts and $1,404,000,000. Coalition of Higher Education Assistance Or- make substantial increased education in- On page 5, line 7, increase the amount by ganizations, College and University Per- vestments to move education from the cur- $36,000,000. sonnel Association for Human Resources, rent 2.8 cents on the federal budget dollar to- On page 25, line 16, increase the amount by College Board, College Parents of America, ward at least five cents and strengthen our $1,800,000,000. Council for Advancement and Support of economic and national security and the qual- On page 25, line 17, increase the amount by Education, Council for Christian Colleges ity of education for all of America’s stu- $360,000,000. and Universities, Council on Government Re- dents. Finally, we ask you to oppose amend- On page 25, line 21, increase the amount by lations, Council of Graduate Schools, Coun- ments that increase funding for one edu- $1,404,000,000. cil for Higher Education Accreditation, cation program by cutting another education On page 25, line 25, increase the amount by Council of Independent Colleges, Council for program. Thank you for your support of edu- $36,000,000. Opportunity in Education, Educational Test- cation. On page 47, line 5, increase the amount by ing Service, Hispanic Association of Colleges Sincerely, $1,800,000,000. and Universities, Lutheran Educational Con- DAN FULLER, On page 47, line 6, increase the amount by ference of North America, NAFSA: Associa- President. $360,000,000. tion of International Educators, National EDWARD R. KEALY, On page 47, line 15, increase the amount by Association for College Admission Coun- Executive Director. $1,404,000,000. seling, National Association of College and Mr. KENNEDY. Mr. President, I have University Business Officers, National Asso- STUDENT AID ALLIANCE, offered this amendment on behalf of ciation for Equal Opportunity in Higher Edu- Washington, DC, March 19, 2003. cation, National Association of Graduate and myself, Senators DODD, DASCHLE, FEIN- Re: support Kennedy-Dodd amendment on Professional Students, National Association Pell grants. GOLD, BINGAMAN, MURRAY, REED, CANT- of State Student Grant and Aid Programs, WELL, and COLLINS. This amendment National Association of Student Financial DEAR SENATOR: On behalf of the Student increases the maximum Pell grant by Aid Administrators, National Association of Aid Alliance—a coalition of over 60 higher $500 at a total cost of $1.8 billion. It Student Personnel Administrators, National education organizations representing stu- pays for those changes by reducing the College Access Network, National Collegiate dents, parents, college presidents, financial nonreconciliation tax cut by $1.8 bil- Athletic Association, National Council of aid administrators and others—we write to lion. If we do not accept this amend- University Research Administrators, Na- urge you to support an amendment to the FY 2004 Budget Resolution that will increase the ment, there will be 110,000 young people tional Education Association, NAWE: Ad- vancing Women in Higher Education, Univer- Federal Pell Grant maximum grant by $450 who are attending colleges who will sity Continuing Education Association, and to $4,500. lose their Pell grants. With the accept- the Women’s College Coalition. Should the funding of the Pell Grants in- ance of this amendment, there will be Mr. President, I ask unanimous con- crease by $1.8 billion, as proposed in the more than 200,000 new Pell grant recipi- sent that some of the letters from amendment, more low-income and first-gen- ents, and it will help immeasurably the these organizations in support of this eration students can pursue their higher edu- 4.9 million Pell grant recipients who amendment and in support of increas- cation dreams. Many of these students are come from families who average $15,000 ing the maximum Pell grant be printed consumed with worry that the poor perform- in income. ance of the economy has seriously jeopard- in the RECORD. ized their hope of college attendance. They Among the education community and stu- There being no objection, the mate- dents, there is broad-based support for in- are right to worry. Their concerns have a creasing the maximum Pell grant. The fol- rial was ordered to be printed in the documented basis in fact: data from the De- lowing groups have stated their support: RECORD, as follows: partment of Education show that qualified American Council on Education. COMMITTEE FOR low-income students are still only half as National Association of Independent Col- EDUCATION FUNDING, likely to enroll in a four-year institution. leges and Universities. Washington, DC, March 19, 2003. The federal government’s investment in American Association of State Colleges MEMBER, student financial aid is less than one percent and Universities. House of Representatives, of federal spending, but as states continue to American Association of Community Col- Washington, DC. pull away from providing resources to the leges. DEAR REPRESENTATIVE: The Committee for needy students, and as more students choose United Negro College Fund. Education Funding, a nonpartisan coalition to pursue a college education, federal fund- Coalition of Higher Education Organiza- of 110 organizations reflecting the broad ing becomes even more essential. tions. spectrum of the education community, Unites States Public Interest Research strongly urges you to vote against passage of Finally, the consequences of the Pell Grant Group. the House FY04 Budget Resolution, H. Con. amendment on the federal budget are neg- United States Students’ Association. Res. 95, reported out by the Budget Com- ligible, but its consequences for the students The National Association of State Univer- mittee on March 12, 2003 and support amend- in your state are significant. For them, it sities and Land Grant Colleges. ments that restore cuts and increase edu- may mean the difference between going to National Association of Community Col- cation investment substantially. The Budget college or not, or staying in college or not. lege Trustees. Resolution assumes a cut of 3 percent below We strongly urge you to vote in favor of Student Aid Alliance—an umbrella group the President’s already low request for dis- this important amendment. of over 60 higher education organizations cretionary spending for education and re- Sincerely, which includes the groups I just mentioned, lated programs in Function 500, which in- DAVID WARD, as well as: American Association of Colleges cludes vital funding for No Child Left Be- Co-Chair. of Nursing, American Association of Colleges hind, students with disabilities, higher edu- DAVID WARREN, of Pharmacy, American Association of Col- cation, research, Head Start, and adult, vo- Co-Chair.

VerDate Dec 13 2002 04:18 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\CR\FM\A21MR6.050 S21PT1 March 21, 2003 CONGRESSIONAL RECORD — SENATE S4251 ASSOCIATION OF JESUIT Mr. NICKLES. I move to lay that mo- On page 3, line 11, increase the amount by COLLEGES & UNIVERSITIES, tion on the table. $560,000,000. Washington, DC, March 19, 2003. The motion to lay on the table was On page 3, line 12, increase the amount by Hon. EDWARD KENNEDY, agreed to. $500,000,000. On page 3, line 13, increase the amount by U.S. Senate, Mr. NICKLES. Mr. President, I sug- Washington, DC $700,000,000. DEAR SENATOR KENNEDY: On behalf of the gest the absence of a quorum. On page 4, line 1, increase the amount by Association of Jesuit Colleges and Univer- The PRESIDING OFFICER. The $240,000,000. sities (AJCU) and the twenty-eight institu- clerk will call the roll. On page 4, line 2, increase the amount by tions of higher education that we represent, The senior assistant bill clerk pro- $560,000,000. I write in support of the Kennedy-Dodd ceeded to call the roll. On page 4, line 3, increase the amount by Budget Amendment to increase the Pell Mr. NICKLES. Mr. President, I ask $500,000,000. grant maximum from $4,050 to $4,500 in FY04. unanimous consent that the order for On page 4, line 4, increase the amount by All of our Jesuit colleges and universities the quorum call be rescinded. $700,000,000. have been hard-pressed to meet the critical On page 4, line 15, increase the amount by increase of over 25% in Pell eligible students The PRESIDING OFFICER. Without $998,000,000. over the past two years. Within one year, our objection, it is so ordered. On page 4, line 16, decrease the amount by 28 institutions had to increase the amount of Mr. NICKLES. I believe under the $13,000,000. institutional aid given to needy students by order that was established, Senator On page 4, line 17, decrease the amount by 10% to accommodate declining federal dol- BIDEN is next up to offer an amend- $28,000,000. lars. Institutional aid ranks as the highest ment. On page 4, line 18, decrease the amount by funding category for our students at 47% on The PRESIDING OFFICER. The Sen- $46,000,000. average, and federal aid dollars including ator from Delaware is recognized. On page 4, line 19, decrease the amount by Pell grants and campus-based aid programs Mr. BIDEN. I have a modified version $58,000,000. totals 44%, while only 9% of aid originates On page 4, line 20, decrease the amount by from the states. Some of our institutions of amendment No. 278 that I will send $62,000,000. have been quite dependent upon state aid, to the desk with a list of cosponsors. On page 4, line 21, decrease the amount by but, because of the burgeoning state budget Mr. NICKLES. If the Senator will $65,000,000. crisis, students have lost aid. For example, yield, I don’t know that I have seen On page 4, line 22, decrease the amount by $1 million was cut in grant aid from the Illi- that modification. We are trying to $69,000,000. nois Grant Aid program for Loyola Chicago clear these first. On page 4, line 23, decrease the amount by University students. Given the combination Mr. BIDEN. I believe the modifica- $73,000,000. of state budget crisis and limited federal dol- tion has been cleared by staff. I may be On page 4, line 24, decrease the amount by $76,000,000. lars, students are increasing loan debts, mistaken. while institutions are increasing institu- On page 5, line 5, increase the amount by tional aid. For many small and medium- Mr. NICKLES. Mr. President, I in- $118,000,000. sized institutions these institutional in- quire of the Senator, is it No. 278 or No. On page 5, line 6, increase the amount by creases are straining the very financial fiber 273? $267,000,000. and well being of these colleges. Mr. BIDEN. Amendment No. 278. On page 5, line 7, increase the amount by The economy has played another factor Mr. NICKLES. Mr. President, I sug- $222,000,000. not only in diminishing college and univer- gest the absence of a quorum. On page 5, line 8, increase the amount by sity endowments, but, also in trying to raise The PRESIDING OFFICER. The $304,000,000. endowment funding. Parents are really hard clerk will call the roll. On page 5, line 9, decrease the amount by pressed because their savings have declined The senior assistant bill clerk pro- $58,000,000. and their contributions have diminished sub- On page 5, line 10, decrease the amount by stantially. Thus, the recession not only has ceeded to call the roll. $62,000,000. impacted federal and state budgets, but also Mr. NICKLES. Mr. President, I ask On page 5, line 11, decrease the amount by college and university budgets and in par- unanimous consent that the order for $65,000,000. ticular, parent’s and student’s budgets. the quorum call be rescinded. On page 5, line 12, decrease the amount by The Pell grant program remains the foun- The PRESIDING OFFICER. Without $69,000,000. dation program for providing more access for objection, it is so ordered. On page 54, line 13, decrease the amount by more students of need to secure a postsec- Mr. NICKLES. Mr. President, I be- $73,000,000. ondary education. Pell grants serve the need- lieve the Senator from Delaware has an On page 5, line 14, decrease the amount by iest students across the country and open amendment. $76,000,000. doors for many first generation students to On page 5, line 18, increase the amount by pursue their dreams. Given the complex The PRESIDING OFFICER. The Sen- $122,000,000. times that we live in, our primary purpose ator from Delaware. On page 5, line 19, increase the amount by should always be to educate the best-edu- Mr. BIDEN. Parliamentary inquiry: $293,000,000. cated populace in the world. An America Is my modification at the desk? On page 5, line 20, increase the amount by that offers equal opportunity to those who The PRESIDING OFFICER. It is not. $278,000,000. are less affluent than others and who des- AMENDMENT NO. 278, AS MODIFIED On page 5, line 21, increase the amount by perately want to contribute back to society. Mr. BIDEN. Mr. President, I send a $396,000,000. On page 5, line 22, increase the amount by Thank you for your leadership in intro- modification to the desk. ducing this critical amendment. Our stu- $58,000,000. dents are counting on your continued advo- The PRESIDING OFFICER. The On page 5, line 23, increase the amount by cacy. clerk will report the amendment. $62,000,000. CHARLES L. CURRIE, SJ, The legislative clerk read as follows: On page 5, line 24, increase the amount by President. The Senator from Delaware [Mr. BIDEN], $65,000,000. Mr. KENNEDY. I have talked to the for himself, Mr. SCHUMER, Mrs. CLINTON, Mr. On page 5, line 25, increase the amount by floor manager of the bill, and I hope he KERRY, Mr. ROCKEFELLER, Mr. SARBANES, Mr. $69,000,000. On page 6, line 1, increase the amount by will be willing to accept it. JOHNSON, Mr. LAUTENBERG, Mr. DAYTON, Mr. LIEBERMAN, Mr. LEAHY, Mrs. MURRAY, Mr. $73,000,000. The PRESIDING OFFICER. Who BAYH, Mr. CORZINE, Mr. BINGAMAN, Mr. On page 6, line 2, increase the amount by yields time? PRYOR, Ms. CANTWELL, Mr. KOHL, Mr. DUR- $76,000,000. Mr. NICKLES. Mr. President, I appre- BIN, Mr. JEFFORDS, Ms. MIKULSKI, Mr. REID, On page 6, line 6, decrease the amount by ciate the modification that my friend Ms. STABENOW, Mr. NELSON of Nebraska, Mrs. $122,000,000. and colleague, Senator KENNEDY, made FEINSTEIN, and Mr. GRAHAM of Florida, pro- On page 6, line 7, decrease the amount by to this amendment. We have no objec- poses an amendment numbered 278, as modi- $415,000,000. tion to it. fied. On page 6, line 8, decrease the amount by The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Is there $693,000,000. further debate on the amendment? On page 6, line 8, decrease the amount by objection to the modification? $1,089,000,000. The question is on agreeing to Without objection, the amendment is On page 6, line 10, decrease the amount by amendment No. 311, as modified. modified. $1,148,000,000. The amendment (No. 311), as modi- The amendment, as modified, is as On page 6, line 11, decrease the amount by fied, was agreed to. follows: $1,210,000,000. Mr. KENNEDY. Mr. President, I On page 3, line 10, increase the amount by On page 6, line 12, decrease the amount by move to reconsider the vote. $240,000,000. $1,275,000,000.

VerDate Dec 13 2002 04:18 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\CR\FM\A21MR6.069 S21PT1 S4252 CONGRESSIONAL RECORD — SENATE March 21, 2003 On page 6, line 13, decrease the amount by (2) with the support of the Community Ori- torically been for the last 8 or 9 years, $1,344,000,000. ented Policing Services program (referred to about $1.16 billion. At the time we are On page 6, line 14, decrease the amount by in this section as the ‘‘COPS program’’), cutting back FBI agents, we have cut $1,416,000,000. State and local law enforcement officers the violent crime task forces, FBI On page 6, line 15, decrease the amount by have succeeded in dramatically reducing vio- $1,493,000,000. lent crime; agents no longer do interstate bank On page 6, line 19, decrease the amount by (3) the COPS program is the only program robbery, car thefts, et cetera. All local $122,000,000. in the Federal government that provides municipalities are in a hole. Everyone On page 6, line 20, decrease the amount by homeland security resources directly to law is in trouble. Deficits are high. We are $415,000,000. enforcement first responders; worried about terrorism. The first guy On page 6, line 21, decrease the amount by (4) on July 15, 2002, the Attorney General who is going to run across a Bin Laden- $693,000,000. stated, ‘‘Since law enforcement agencies On page 6, line 22, decrease the amount by type figure is not one wearing night vi- began partnering with citizens through com- $1,089,000,000. sion goggles with the Special Forces. It munity policing, we’ve seen significant drops On page 6, line 23, decrease the amount by in crime rates. COPS provides resources that could be a cop. $1,148,000,000. We are cutting back on homeland de- On page 6, line 24, decrease the amount by reflect our national priority of terrorism $1,210,000,000. prevention.’’; fense, local law enforcement. There has On page 6, line 25, decrease the amount by (5) On February 26, 2002, the Attorney Gen- been an 83-percent cut from the COPS $1,275,000,000. eral stated, ‘‘The COPS program has been a level we just approved in the omnibus On page 7, line 1, decrease the amount by miraculous sort of success. It’s one of those bill just weeks ago. This will provide $1,344,000,000. things that Congress hopes will happen when it sets up a program.’’; for 4,400 more cops at the very time— On page 7, line 2, decrease the amount by think about this—the entire FBI is $1,416,000,000. (6) the Federal Bureau of Investigation’s On page 7, line 3, decrease the amount by Assistant Director for the Office of Law En- 11,000 FBI agents. We are talking about $1,493,000,000. forcement Coordination has stated, ‘‘The adding 4,400 cops. On page 36, line 15, increase the amount by FBI fully understands that our success in the The COPS Program has worked. No $1,000,000,000. fight against terrorism is directly related to one has a cogent argument as to why it On page 36, line 16, increase the amount by the strength of our relationship with our has not worked. I urge adoption of the $120,000,000. State and local partners.’’; On page 36, line 20, increase the amount by (7) as a result of the COPS program, State amendment. $280,000,000. and local law enforcement agencies have re- The PRESIDING OFFICER. The Sen- On page 36, line 24, increase the amount by ceived funds for more than 117,000 officers, ator’s time has expired. Who yields $250,000,000. 87,300 of whom are on the beat, fighting time in opposition? The Senator from On page 37, line 3, increase the amount by crime, and improving the quality of life in Oklahoma. $350,000,000. our neighborhoods and schools; On page 40, line 6, decrease the amount by (8) the COPS program has assisted in ad- Mr. NICKLES. Mr. President, in func- $2,000,000. vancing community policing nationwide; tion 750, which includes a lot of pro- On page 40, line 7, decrease the amount by (9) 86 percent of the Nation is served by a grams for local law enforcement, we $2,000,000. law enforcement agency that has full-time have a 29-percent increase. The Sen- On page 40, line 10, decrease the amount by officers engaged in community policing ac- ator’s amendment would add an addi- $13,000,000. tivities; tional $1 billion on top of that. On page 40, line 11, decrease the amount by (10) the continuation and full funding of $13,000,000. the COPS program through fiscal year 2009 is I urge my colleagues to vote no. I On page 40, line 14, decrease the amount by supported by several major law enforcement yield to the Senator from New Hamp- $28,000,000. organizations, including— shire the remainder of our time. On page 40, line 15, decrease the amount by (A) the International Association of Chiefs $28,000,000. The PRESIDING OFFICER. The Sen- On page 40, line 18, decrease the amount by of Police; ator from New Hampshire. (B) the International Brotherhood of Po- $46,000,000. Mr. GREGG. Mr. President, the COPS On page 40, line 19, decrease the amount by lice Officers; (C) the Fraternal Order of Police; Program was designed to put 100,000 $46,000,000. new police officers on the street. We On page 40, line 22, decrease the amount by (D) the National Sheriffs’ Association; $58,000,000. (E) the National Troopers Coalition; have, in fact, put 110,000 new police of- On page 40, line 23, decrease the amount by (F) the Federal Law Enforcement Officers ficers on the street. $58,000,000. Association; In addition, the program has been re- On page 41, line 2, decrease the amount by (G) the National Association of Police Or- placed in large part by the huge ganizations; $62,000,000. amount of increases that are going into On page 41, line 3, decrease the amount by (H) the National Organization of Black $62,000,000. Law Enforcement Executives; the First Responder Program, into the On page 41, line 6, decrease the amount by (I) the Police Executive Research Forum; Byrne grant, into the LEA grant, and $65,000,000. and into the local law enforcement effort On page 41, line 7, decrease the amount by (J) the Major Cities Chiefs; overall. We are dramatically increasing $65,000,000. (11) several studies have concluded that the money in these accounts. On page 41, line 10, decrease the amount by implementation of community policing as a To continue a program that was sup- $69,000,000. law enforcement strategy is an important On page 41, line 11, decrease the amount by factor in the reduction of crime in our com- posed to fade out is totally inappro- $69,000,000. munities; priate when we are already expanding On page 41, line 14, decrease the amount by (12) Congress appropriated $1,050,000,000 for the spending in these accounts by sig- $73,000,000. the COPS program for fiscal year 2002 and nificant amounts. On page 41, line 15, decrease the amount by $928,900,000 for fiscal 2003; and $73,000,000. Mr. DOMENICI. Does the Senator (13) the President requested $164,000,000 for have time to answer a question? On page 41, line 18, decrease the amount by the COPS program for fiscal year 2004, $76,000,000. $886,000,000 less than the amount appro- Mr. GREGG. I have no idea. On page 41, line 19, decrease the amount by priated for fiscal year 2002. The PRESIDING OFFICER. Time has $76,000,000. (b) SENSE OF THE SENATE.—It is the sense expired. On page 47, line 5, increase the amount by of the Senate that the levels in this resolu- $1,000,000,000. tion assume that an increase of $1,000,000,000 Mr. DOMENICI. I ask unanimous On page 47, line 6, increase the amount by for fiscal year 2004 for the Department of consent that the Senator from New $120,000,000. Justice’s community oriented policing pro- Hampshire be permitted to answer one On page 47, line 15, increase the amount by gram will be provided without reduction and question. $280,000,000. consistent with previous appropriated and The PRESIDING OFFICER. Is there On page 79, after line 22, add the following: authorized levels. SEC. 308. FUNDING FOR DEPARTMENT OF JUS- The PRESIDING OFFICER. There objection? TICE COMMUNITY ORIENTED POLIC- will be 2 minutes equally divided on Mr. BIDEN. Reserving the right to ING SERVICES PROGRAMS. object, if I can have equal time. (a) FINDINGS.—The Senate finds that— each side. The Senator from Delaware. (1) State and local law enforcement offi- Mr. BIDEN. Mr. President, the COPS The PRESIDING OFFICER. Without cers provide essential services that preserve Program: $163 million. This amend- objection, it is so ordered. The Senator and protect our freedom and safety; ment will take it up to what it has his- from New Hampshire.

VerDate Dec 13 2002 05:30 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\CR\FM\A21MR6.072 S21PT1 March 21, 2003 CONGRESSIONAL RECORD — SENATE S4253 Mr. DOMENICI. Have the budget ments on one subject matter. I hope Mr. HOLLINGS. On behalf of Sen- rules changed? Is there some way that that does not continue. ators GRAHAM of Florida and South the Senator from New Hampshire can The next amendment to be consid- Carolina, Senators BYRD, LIEBERMAN, offer an amendment that will, in fact, ered is the amendment from the Sen- CORZINE, SCHUMER, MURRAY, BIDEN, and increase the budget so the COPS Pro- ator from South Carolina, the Hollings others, this amendment is to fund the gram will be paid for? amendment. port security provisions that we passed Mr. GREGG. The Senator knows the The PRESIDING OFFICER. The Sen- unanimously through the Senate. We budget rules much better than I do. I ator from South Carolina. had funding at that time. The House think his answer is rhetorical, and the AMENDMENT NO. 343, AS MODIFIED would not agree and the law is there. answer is no. Mr. HOLLINGS. Mr. President, the The responsibility and the unfunded Mr. DOMENICI. That is correct. This amendment is at the desk as modified. mandate is there upon the States. Now amendment would not add to COPS. It The PRESIDING OFFICER. The they have no emergency dollars and it will add to the budget. clerk will report. is an emergency situation. Mr. GREGG. That is correct. The legislative clerk read as follows: We have to have $1 billion this year The PRESIDING OFFICER. The Sen- The Senator from South Carolina [Mr. and $1 billion next year. I wanted to ator from Delaware is recognized for 20 HOLLINGS], for himself, and Mrs. BOXER, Mr. first take the money from the tax cuts. seconds. SARBANES, Mrs. FEINSTEIN, Mr. GRAHAM of That was not going to work, and then Mr. BIDEN. Mr. President, this takes Florida, Mr. BYRD, Mr. LIEBERMAN, and Mr. I was going to remove the caps and I $2 billion out of the tax cut. It provides CORZINE, proposes an amendment numbered retreated to the 920 offset. We are in a $1 billion for COPS, and $1 billion for 343, as modified. desperate situation. We have to have reduction of the deficit. Mr. HOLLINGS. I ask unanimous the money. The PRESIDING OFFICER. The consent reading of the amendment be Last Congress, we passed the Mari- question is on agreeing to amendment dispensed with. time Transportation Security Act of No. 278, as modified. The PRESIDING OFFICER. Without 2002. This landmark bill reflects the Mr. CONRAD. I ask for the yeas and objection, it is so ordered. first time that the federal government nays. The amendment (No. 343), as modi- has imposed security requirements on The PRESIDING OFFICER. Is there a fied, as is follows: U.S. ports since World War II. sufficient second? On page 4, line 15, increase the amount by People do not ordinarily think about There appears to be a sufficient sec- $1,000,000,000. what happens at our ports. They take ond. On page 4, line 16, increase the amount by for granted that goods from all over $1,000,000,000. The clerk will call the roll. On page 5, line 5, increase the amount by the world are transported through our The legislative clerk called the roll. $314,000,000. ports at minimal cost. However, this The result was announced—yeas 48, On page 5, line 6, increase the amount by system is in jeopardy because security nays 52, as follows: $634,000,000. has never been part of the equation, [Rollcall Vote No. 78 Leg.] On page 5, line 7, increase the amount by and for the first time, we are requiring $535,000,000. YEAS—48 shipments to not only be efficient, but On page 5, line 8, increase the amount by efficient and secure. The current situa- Akaka Dorgan Leahy $336,000,000. Baucus Durbin Levin On page 5, line 9, increase the amount by tion leaves us in jeopardy, because Al Bayh Edwards Lieberman $153,000,000. Qaeda could use one of the millions of Biden Feingold Lincoln Bingaman Feinstein Mikulski On page 5, line 10, increase the amount by marine containers that are shipped Boxer Graham (FL) Murray $31,000,000. into the U.S. to carry a dirty bomb, Breaux Harkin Nelson (FL) On page 21, line 23, increase the amount by they could also take over an oil tanker Byrd Hollings Nelson (NE) $850,000,000. and use it as a weapon to attack our Cantwell Inouye Pryor On page 21, line 24, increase the amount by Carper Jeffords Reed coastal cities. $201,000,000. The bill we passed last year, the Mar- Clinton Johnson Reid On page 22, line 2, increase the amount by Conrad Kennedy Rockefeller $850,000,000. itime Transportation Security Act, Corzine Kerry Sarbanes sets the stage for protecting our na- Daschle Kohl Schumer On page 22, line 3, increase the amount by Dayton Landrieu Stabenow $484,000,000. tion, and for protecting our homeland. Dodd Lautenberg Wyden On page 22, line 7, increase the amount by Last year, when we were considering $497,000,000. NAYS—52 this measure, Senate conferees insisted On page 22, line 11, increase the amount by that we needed a commitment to fund Alexander Dole Miller $336,000,000. the important requirements and man- Allard Domenici Murkowski On page 22, line 15, increase the amount by Allen Ensign Nickles $153,000,000. dates of this act. But until now we Bennett Enzi Roberts have not agreed on how to fund this Bond Fitzgerald On page 22, line 19, increase the amount by Santorum $31,000,000. measure. We implored the administra- Brownback Frist Sessions On page 36, line 15, increase the amount by Bunning Graham (SC) Shelby tion to come up with their own plan to Burns Grassley Smith $150,000,000. help us address the vital need to secure Campbell Gregg Snowe On page 36, line 16, increase the amount by our ports and points inland from mari- Chafee Hagel Specter $113,000,000. Chambliss Hatch time attack, but they sat on the side- Stevens On page 36, line 19, increase the amount by Cochran Hutchison $150,000,000. lines. Coleman Inhofe Sununu Talent On page 36, line 20, increase the amount by Faced with that inaction, we pushed Collins Kyl our colleagues in the House to require Cornyn Lott Thomas $150,000,000. Craig Lugar Voinovich On page 36, line 24, increase the amount by user fees on cargo shippers, and on Crapo McCain Warner $30,000,000. ships, in order to provide funds for se- DeWine McConnell On page 42, line 2, decrease the amount by curity equipment and programs, and to The amendment (No. 278), as modi- $1,000,000,000. help our first responders plan how they fied, was rejected. On page 42, line 3, decrease the amount by might counteract any attacks. But our $.314,000,000 Mr. NICKLES. Mr. President, we are On page 42, line 6, decrease the amount by friends in the House, primarily those at making progress. I inform our col- $1,000,000,000. the Ways and Means Committee, said leagues, Senator CONRAD and I have On page 42, line 7, decrease the amount by that it was not a user fee. When we had members inquiring how much $684,000,000. convinced them that it was, they then longer are we going to stay. We are On page 42, line 11, decrease the amount by said that revenues had to originate in staying until we complete the bill. I $535,000,000. the House. After that we said okay, urge Members not to generate amend- On page 42, line 15, decrease the amount by you pass the bill on the House side, and $336,000,000. ments. We are trying to deal with them On page 42, line 19, decrease the amount by then we will pass your bill in the Sen- and we are trying to accommodate $133,000,000. ate. Yet the goal post moved further Members as much as we can. Some- On page 42, line 23, decrease the amount by away once again, when the house said times we have had three or four amend- $31,000,000. that they couldn’t agree on any user

VerDate Dec 13 2002 04:18 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\CR\FM\G21MR6.068 S21PT1 S4254 CONGRESSIONAL RECORD — SENATE March 21, 2003 fee at all, and that the federal govern- cleared and reopened. Currently, we are lion, to Customs for the installation of ment should pay for port security in only inspecting two percent of con- screening equipment, and to be used to the budget. In the end, it was more im- tainers entering the U.S. We need to do help develop new technologies to help portant to pass the maritime security better. The consequences are just to develop and prototype screening and bill, and to impose the security man- great to not provide the badly needed detection equipment at U.S. ports; $100 dates, so we required the Administra- funds to upgrade port security. million, to TSA and Customs; $50 mil- tion to submit their plans for funding For example, Tuesday, with the ex- lion each, to evaluate and implement port security to Congress within 6 isting military situation and homeland cargo security programs; $30 million, months. Well, this years’ budget pro- security threat level at ‘‘high,’’ the for the Transportation Security Ad- poses not one penny for port security! State of South Carolina has been ministration, TSA, to develop and im- As required by the MTSA, the Coast forced to supplement the existing secu- plement the Transportation Worker ID Guard has begun to survey security at rity at the Port of Charleston, and at Card, and to conduct criminal back- U.S. ports, and preliminary estimates nuclear power plants, by deputizing ground checks of transportation work- are that we will need 4.8 billion dollars and reassigning 400 probation and pa- ers who work in secure areas or who to comply with the mandates. Accord- role officers. This extra security should work with sensitive cargo or informa- ing to a ‘‘Maritime Security Notice’’ in be available from security profes- tion. the Federal Register of December 30, sionals trained in transportation secu- I thank the distinguished chairman 2002, the total costs of implementing rity, but these professionals are not for his agreement. We could voice-vote security in our seaports will reach $6 available because we are not doing to save time. billion over the next ten years. The what is needed to secure our ports. The PRESIDING OFFICER. The Sen- first year cost will be $1.4 billion. The A failure in securing our ports from ator from Oklahoma. costs are broken down by USCG as fol- attack, will result in a catastrophic at- Mr. NICKLES. I thank my friends lows: tack on our economy, and ultimately and colleagues, Senator HOLLINGS and Vessel security: $1.1 billion over ten on the strength of our nation. We cur- Senator GRAHAM of South Carolina, for years, rently do not have an adequate secu- their willingness to work with us to Facility security: $4.4 billion over ten rity system at our ports, and there has modify the amendment. We are happy years, not been any sign from the Administra- to accept the amendment. That will Port Security Plans and Committees: tion that they will secure our seaports eliminate two rollcall votes. $477 million over ten years. in the future. The Coast Guard, Cus- The PRESIDING OFFICER. The This funding is crucial to the secu- toms and Transportation Security Ad- question is on agreeing to amendment rity of our homeland. A recent port se- ministration are doing their best, but No. 343, as modified. curity terrorism simulation was con- unless they are given the tools and the The amendment (No. 343), as modi- ducted by federal, state, and private funding to help our ports and cities em- fied, was agreed to. sector experts to examine the con- ploy the security that we need, we will Mr. HOLLINGS. I move to reconsider sequences of a seaport attack. Their be defenseless from a catastrophic at- the vote. conclusions were stunning. The simula- tack. In order to provide this critical Mr. NICKLES. I move to lay that mo- tion indicated that within twenty days funding I am proposing an amendment tion on the table. of an attack through U.S. seaports, the to the Senate budget resolution. The motion to lay on the table was New York Stock Exchange would halt The amendment would add $1 billion agreed to. trading on the Exchange because of re- annually, for seaport security needs, AMENDMENT NO. 358 stated earnings estimates and share- over the next two years. In order to Mr. NICKLES. I believe the next holder panic. Retailers and manufac- pay for the amendment, the tax cut amendment will be offered by the Sen- turers would be crippled by our inabil- would be reduced by $2 billion. The one ator from Missouri, Senator BOND. ity to reopen U.S. ports so that their billion, per year, could be spent con- Mr. BOND. Mr. President, I call up inventories could be replenished. sistent with the Maritime Transpor- amendment numbered 358. Last year, U.S. ports on the west tation Security Act of 2002, as follows: The PRESIDING OFFICER. The coast were temporarily closed because Maritime Administration, $610 million; clerk will report. of labor strikes, economists estimate $450 million, for grants to ports and The assistant legislative clerk read that this closure cost our economy waterfront facilities to help ensure as follows: over two billion dollars a day. And, compliance with federally approved se- while we are spending billions of dol- The Senator from Missouri [Mr. BOND], for curity plans; $150 million; for grants to himself, and Mr. REID, Mr. INHOFE, Mr. JEF- lars each year to figure out how to states, local municipalities and other FORDS, Mr. SHELBY, Mr. SARBANES, Mr. BYRD, shoot missiles out of the sky, we are entities to help comply with federal Mrs. MURRAY, Mr. CHAFEE, Mr. WARNER, Mr. spending practically nothing to protect area security plans and to provide SPECTER, Ms. MURKOWSKI, Mr. LOTT, Ms. against a weapon simply being put into grants to responders for port security COLLINS, Mr. REED, Mrs. FEINSTEIN, Mr. a marine container, and shipped to the contingency response; $10 million, to be LEVIN, and Mr. BROWNBACK, proposed an United States at a cost of less than used in conjunction with the Federal amendment numbered 358. three thousand dollars. Law Enforcement Training Center to Mr. BOND. I ask unanimous consent The economic impact of the closure help develop a seaport security train- reading of the amendment be dispensed of just the west coast ports pales in ing curriculum to provide training to with. comparison to the economic devasta- federal and state law enforcement per- The PRESIDING OFFICER. Without tion that would be the reaction to a sonnel, and to certify private security objection, it is so ordered. dirty bomb imported in a container personnel working at seaports. (The amendment is printed in today’s through the Port of Charleston or Coast Guard, $160 million; $50 mil- RECORD under ‘‘Text of Amendments.’’) Philadelphia, or an intentional ship lion, for port security assessments; $50 Mr. BOND. Mr. President, there are collision with an oil facility along the million, for the establishment and op- stark needs for highways and transpor- Houston ship channel, or the scuttling eration of multi-agency task force to tation systems. The red column the of a vessel blocking the Mississippi coordinate and evaluate maritime in- President recommended, the green col- River maritime highway. Many Mem- formation in order to identify and re- umn across the chart shows what this bers are from States that would be di- spond to security threats; $40 million, budget proposes, and the budget before rectly impacted by a maritime ter- to help implement the Automated us proposes essentially flat funding for rorist event, and all will be effected by Identification System, AIS, and other the next 6 years. The administration the economic fallout. As demonstrated tracking systems designed to actively itself said the needs just to maintain by the port security simulation, a ter- track and monitor vessels operating in highways are at this yellow line, which rorist event will force the closure of U.S. waters; $20 million, for additional is way above. every port in the country, potentially Coast Guard port security vessels. Our amendment simply raises spend- causing the destruction of our eco- The Border and Transportation Secu- ing for highways over the 6 years to nomic system before the ports could be rity Directorate, $230 million, $100 mil- $255 billion and mass transit to $56.5,

VerDate Dec 13 2002 04:18 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\CR\FM\G21MR6.071 S21PT1 March 21, 2003 CONGRESSIONAL RECORD — SENATE S4255 using dollars previously paid into the known, but the Federal Transit Admin- eral role. At the same time, the States highway trust fund by highway users, istration estimates that public trans- are in the midst of the worst fiscal cri- and other items that have been identi- portation now saves the Nation $19.4 sis in nearly 50 years, and cannot af- fied by the President and the Budget billion in congestion costs each year. ford these additional responsibilities. Committee, such as transferring 2.5 Unfortunately, this budget resolution Ultimately, the States will not be cents for ethanol into the highway user does not provide room for building able to avoid this burden for the simple funds. upon those two landmark transpor- reason that they must protect their Investing in highways and transpor- tation bills, and assumes a relatively citizens. But with no additional reve- tation is the best immediate stimulus flat level of funding for the next sev- nues to pay for these costs, they will be we can have to the economy, creating eral years. These figures fall far short forced to raid their long-term transpor- jobs, and lowering highway deaths. I of what is needed simply to keep pace tation budgets to pay for these new se- urge the support of my colleagues. with the demands or exerted on our Na- curity responsibilities. Mr. KENNEDY. Mr. President, I com- tional Transportation System. They are the ones who will have to fi- mend my colleagues for their leader- According to the American Associa- nance additional State police details, ship on this bipartisan amendment to tion of State Highway and Transpor- construct physical barriers around the increase the level of Federal invest- tation Officials, just to maintain the bases of bridges, install ventilation ment in transportation by over 40 per- current conditions of our roads and systems in tunnels, and create coordi- cent in the next 6 years. bridges the Nation will need to invest nated traffic monitoring and manage- This amendment will enable the En- approximately $92 billion each year for ment computer systems. They will vironment and Public Works Com- the next 6 years, and $19 billion for our have no choice but to rob fund their mittee and the Banking Committee to transit systems. To actually improve immediate security needs at the ex- write their Transportation Equity Act these systems, the requirements are pense of their long-term transportation for the 21st century, TEA–21, reauthor- $125 billion for highways and $44 billion improvement needs. And the cost of ization proposals with adequate fund- for transit respectively. Yet this budg- this may well be the long-term deterio- ing, and I urge my colleagues to sup- et provides only $32 billion for high- ration of their roads, bridges, tunnels, port it. ways and $7.2 billion for transit this and public transportation services. Maintaining an integrated, efficient, year. One final point I would like to make and safe transportation system is one By the end of the next 6-year reau- is that the terrorists of 9/11 closed our of the most important things we can do thorization cycle, over 65 percent of airports, and very nearly crippled the to get this faltering economy moving the Nation’s public transportation bus aviation industry permanently. How- again. It is essential for maintaining fleet and 54 percent of the country’s ever, because we had made critical in- the strength of our cities, and for pro- subway cars, commuter rail cars, and vestments in all modes of transpor- moting the growth of commerce and light rail cars will be passed their use- tation during the past decade, intercity trade. ful lives, according to FTA. trains, the interstate system, and pub- Of all the economic growth proposals If we don’t replace the oldest vehicles lic transportation were able to fill the that we will consider this year, few will in the fleet now, and repair those that gap during those initial days following produce a greater bang for the buck can remain in revenue service for the the tragedy. America did not stop mov- than increased Federal investment in foreseeable future, we will only be ing. the Nation’s transit and highway sys- kicking our problems down the road. We hope and pray that there will tem. According to the Department of Ignoring these needs will only increase never be another major terrorist at- Transportation, every $1 billion in sur- their expense, add additional financial tack on our country, but cannot pre- face transportation investment creates burdens to State and local govern- tend that our bridges, tunnels, and 47,500 jobs. With an economy losing ments, and undermine the safety, secu- train stations are not inviting targets. 300,000 jobs each month, we cannot af- rity, and efficiency of our current Its essential, therefore, to provide ford to ignore the job-creating power of transportation system. the resources in this budget resolution transportation investments and the It is also imperative that we boost to maintain a strong multimodal Na- other benefits that they bring. funding for transportation investment tional Transportation System. With According to a report by the Amer- now because of the new, post-Sep- this amendment, which provides $255 ican Public Transportation Associa- tember 11 security costs that States billion for highways and $56.5 for tran- tion, Americans took 9.5 billion trips are facing to protect their bridges, tun- sit over 6 years, we are taking a large on mass transit in 2001—the highest nels, and subway stations. step in the right direction. number in over 40 years, and a figure 22 A report by the Transportation Re- I look forward to working with my percent increase since 1996. Of those search Board, suggests that of the Na- colleagues to get a substantial reau- trips, 54 percent were work related. I tion’s 600,000 bridges and tunnels, over thorization bill passed this year, as cannot imagine what would happen in 500 have been identified as critical well as fully funding Amtrak and pro- cities like Washington, Chicago, New links based on their size, traffic capac- viding for increased aviation funding. York, and Boston if these commuters ity, and strategic importance. If ever We must meet all of these challenges, rushing to and from their jobs were to one of these bridges or tunnels should and meet them now. lose public transportation as a viable be compromised, the effect on com- Today’s bipartisan highways and option. merce and trade in whole States and transit funding amendment is a critical Perhaps such a scenario is too grim regions would be profound. step in that process. I urge all my col- to consider, but we do have some idea That same study, which was con- leagues to support it. just what those commuters would con- ducted with the input of the FTA and The PRESIDING OFFICER. The Sen- front if they got off the trains and Federal Highway Administration, sug- ator from Oklahoma. buses and back into their cars. In 2000, gests that the cost of protecting these Mr. NICKLES. Mr. President, I have the average highway traveler spent 62 highway structures is approximately great respect for my colleagues from hours mired in rush hour traffic—a 38- $6.8 billion over the next 6 years, with Missouri and Oklahoma and others who percent increase over 1994. In fact, it is an additional $578 million required for sponsor this amendment, but it is irre- estimated that traffic congestion now ongoing security operations. sponsible to basically say 30 percent of costs Americans $67 billion each year— On the transit side, the security up- highway funds will be funded out of the cost of 3.67 billion hours in lost grades are expected to cost about $6.2 general revenues. Highways have been productivity and 5.7 billion gallons of billion over 6 years, with an additional built and paid for by and large by user wasted gasoline—wasted gasoline. $500 million required for operating ex- fees, primarily gasoline taxes. This Unless we continue to build on the penses. amendment says we have an increase impressive investments made under Who is going to pay for these secu- in the deficit of about $63 billion over ISTEA and TEA–21, I expect those con- rity requirements? The existing budg- the next 6 years, meaning funded by gestion costs will rapidly multiply. et, which calls for essentially flat fund- general revenue financing. That is a How much they will increase is not ing, does not anticipate a strong Fed- mistake.

VerDate Dec 13 2002 04:18 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\CR\FM\G21MR6.072 S21PT1 S4256 CONGRESSIONAL RECORD — SENATE March 21, 2003 The Federal Government pays 80 per- AMENDMENT NO. 391 Mr. REID. Mr. President, as a co- cent of the cost of these highways. If Mr. President, on behalf of Senator sponsor of the Bond amendment, I rec- you have general fund financing of STEVENS and myself, I send—is the ommend that we accept it. them, there is no limit on the demands amendment at the desk? The PRESIDING OFFICER. The where people are saying we want you The PRESIDING OFFICER. The question is on agreeing to the amend- to pay for our roads. clerk will report the amendment. ment. This is over a 30 percent increase in Mr. STEVENS. Mr. President, I ask The amendment (No. 391) was agreed the highway program, and basically it that the sense-of-the-Senate amend- to. is unfunded. I urge my colleagues to ment be read. Mr. NICKLES. Mr. President, I sug- vote no. The PRESIDING OFFICER. The gest the absence of a quorum. Mr. BOND. I ask for the yeas and clerk will report the amendment. The PRESIDING OFFICER. The nays. The legislative clerk read as follows: clerk will call the roll. The PRESIDING OFFICER. Is there a The Senator from Alaska [Mr. STEVENS], The assistant legislative clerk pro- sufficient second? for himself and Mr. NICKLES, proposes an ceeded to call the roll. amendment numbered 391: Mr. STEVENS. Mr. President, I ask There is a sufficient second. At the appropriate place, insert the fol- unanimous consent that the order for The question is on agreeing to the lowing: the quorum call be rescinded. amendment No. 358. SEC. . SENSE OF THE SENATE REGARDING The PRESIDING OFFICER. Without HIGHWAY SPENDING. The clerk will call the roll. objection, it is so ordered. The assistant bill clerk called the (a) FINDINGS.—The Senate makes the fol- lowing findings: The Senator from Nevada. roll. (1) Highway construction funding should Mr. REID. Mr. President, the two The result was announced—yeas 79, increase over current levels. managers are going to work to come up nays 21, as follows: (2) The Senate Budget Committee-passed with another list of amendments that [Rollcall Vote No. 79 Leg.] Resolution increases Highway funding above we will work on. The chairman and the President’s request. YEAS—79 ranking member said it will take about (3) All vehicles, whether they are operated another 15 minutes for them to come Akaka Daschle Levin by gasoline, gasohol, or electricity, do dam- Alexander Dayton Lieberman age to our highways. up with another list. During the time Allen DeWine Lincoln (4) As set out in TEA–21, the direct rela- they are gone, if somebody has some Baucus Dodd Lott tionship between excise taxes and highway issue they want to talk about, Senator Bayh Dole Mikulski spending makes sense and should be main- NICKLES and Senator CONRAD said they Bennett Domenici Murkowski Biden Dorgan tained. would have no objection to that—they Murray (5) Highways should be funded through Bingaman Durbin Nelson (FL) can talk about anything they want. Bond Edwards user fees such as excise taxes and not Nelson (NE) The PRESIDING OFFICER. The Sen- Boxer Feinstein Pryor through the General Fund of the Treasury. Breaux Fitzgerald ator from North Dakota. Reed (b) SENSE OF THE SENATE.—It is the sense Brownback Graham (FL) of the Senate that the Senate should only Mr. CONRAD. Mr. President, let me Bunning Graham (SC) Reid say to Members on our side who have Roberts consider legislation that increases highway Burns Hagel amendments pending, we had over 105 Byrd Harkin Rockefeller spending if such legislation changes highway Campbell Hatch Sarbanes user fees to pay for such increased spending. amendments noticed. Not all of those Cantwell Hollings Schumer The PRESIDING OFFICER. The Sen- have been filed at the desk. We are ask- Carper Inhofe Shelby ator from Alaska. ing Senators, if you have provided no- Chafee Inouye Smith Clinton Jeffords Snowe Mr. STEVENS. Mr. President, embed- tice of an amendment but it could be Cochran Johnson Specter ded in this amendment is a provision put off to another day, please come to Coleman Kennedy Stabenow that really intends to lift the cap so us now and advise us of that. We need Collins Kerry Stevens that the outlays under this concept of to reduce the number of amendments. Conrad Kohl Talent increased highway spending will not be We know that typically amendments Corzine Landrieu Warner Craig Lautenberg Wyden charged back against the discretionary Members have indicated an interest in Crapo Leahy spending. sometimes fall away. Many times NAYS—21 It is the intent of this sense-of-the- many of the amendments fall away. Allard Grassley Miller Senate to state that it is the Senate’s That would be helpful. With that said, Chambliss Gregg Nickles position, that we support this increase I also want to advise Members, I do not Cornyn Hutchison Santorum only on the basis that it will not be see any way that this bill gets com- Ensign Kyl Sessions charged against outlays to the discre- pleted tonight. There are simply too Enzi Lugar Sununu Feingold McCain Thomas tionary spending and therefore reduce many amendments Members have indi- Frist McConnell Voinovich the amount of money available to the cated they are serious about taking to The amendment (No. 358) was agreed Appropriations Committee under this a vote. to. resolution. That does not mean we should not The PRESIDING OFFICER. The Sen- bend every effort to reduce the number Mr. BOND. I move to reconsider the ator from Missouri. of amendments outstanding so we vote. Mr. BOND. Mr. President, I am as- could complete this as nearly as pos- Mr. REID. I move to lay that motion sured by the staff, who are experts in sible today, and finish up at a reason- on the table. this area, that will not reduce the able time tomorrow. The motion to lay on the table was money available for appropriations. I So this is going to be a challenge to agreed to. agree with most of the whereases in all of us. If we do not do this, let me The PRESIDING OFFICER. The Sen- this amendment because it says that just say, there are still 85 amendments ator from Oklahoma. highways should be paid for by high- pending here. We have been doing Mr. NICKLES. Mr. President, for the way users. And, frankly, this returns to about three an hour. If we continue on information of all of our colleagues, we the highway trust fund almost $50 bil- this pace, we are going to be here for will now vote on the sense of the Sen- lion that has been paid in by highway another several days. ate offered by Senator STEVENS and users over the last decade. It also lays So I implore my colleagues, if you myself, and then Senator CONRAD and I out other areas where there should be have given notice of an amendment, will work on an additional list of additional funds that the Finance Com- but you really do not need a vote on it, amendments. It is very much our in- mittee has already agreed we should please advise the staff of that so we can tention to finish this bill tonight. pay. whittle down this list. I urge our colleagues to be a little The PRESIDING OFFICER. All de- Mr. REID. Will the Senator yield? more disciplined as far as sending bate time has expired. Mr. CONRAD. I am happy to yield. amendments to Senator CONRAD. I ap- The question is on agreeing to the Mr. REID. Mr. President, the two preciate the cooperation of our col- amendment. managers of this bill have worked very leagues. The Senator from Nevada. hard. Recognizing how hard they have

VerDate Dec 13 2002 05:30 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\CR\FM\G21MR6.074 S21PT1 March 21, 2003 CONGRESSIONAL RECORD — SENATE S4257 worked, the staff has worked even what is the cost of the war. How much our own men and women across the sea harder. I have relayed to the majority is it going to cost. What is the cost of to a foreign land where they may die leader that in addition to the fact that this war. The Secretary of Defense has and their families here today are wor- it is Friday, and we have all had a hard answered it is not knowable. Here we rying and crying and praying about week, we have to keep in proper per- are, the elected representatives of the their loved ones. That is saying noth- spective, whether people want to ac- people who want to know something ing about the Iraqi men and women, knowledge it or not, that we have had about the cost of the war. The adminis- old women, young women, old men, a number of Senators who have re- tration has said: It is not knowable. young men, sick people, children, ba- cently had surgery and have been ill. The administration has said, in es- bies. Not a single one of those Senators has sence, wait until you see the supple- Mr. SANTORUM. Mr. President, come to me asking that we cut them mental. We will send you the supple- what is the regular order? some slack. But we know that we mental. The PRESIDING OFFICER. There is should do that. Some of them came The answer to our questions have no debate in order at this time. back to work earlier than they should been rather contemptuous, in saying: The Senator from West Virginia. have. They have violated doctors’ in- Well, we don’t know the cost. We will Mr. BYRD. Mr. President, I have structions to be here. let you know when we send up the bill. been around here long enough to know Senator BYRD has talked to us. We Why don’t we wait and see what the what the regular order is. I also have recognize that his wife is very ill. Sen- supplemental is going to ask for? Why been around here long enough to know ator BYRD is doing everything he can don’t we wait and see what the admin- that we are being asked to stay here to keep a watchful eye on his wife. istration asks for in the supplemental and spend the rest of the evening. We I hope we have proven during this before we proceed with the budget? I may send some old men to their deaths week—we, the minority—that we are cannot understand the hurry. We have by doing this. I have a sick wife. Sixty- not trying to do anything to slow up at least two Members who have had se- nine days from now, if the Lord lets this important piece of legislation. I rious operations. I don’t mind staying both of us live, we will celebrate our have trouble understanding what is the a little while longer, but I have a re- 66th wedding anniversary. My first magic of finishing this bill today. If sponsibility also at home. If it were ab- duty is to her. There will be enough there is magic there, it would take solutely necessary that we complete Senators left here to pass this bill if we magic to complete it because we can- this budget tonight, I would stay as want to stay that long. But I think it not complete the bill today. It would long as I could, and if I had to go home, is unreasonable. be my recommendation that we work I would go home and let the Senate fin- If there were a reason to stay here, I for a reasonable time this evening. If ish it. But this resolution doesn’t have would say, let’s stay here and do our the leader wants to come back tomor- to be done tonight. This is not a war duty. But there is no reason for that, row, come back sometime at a reason- budget. The administration has noth- except to get this resolution passed be- able time tomorrow, do that. But I ing in this budget for the war. The ad- fore we know what the administration have to say we would be better served ministration has stiff-armed, as far as I is going to request in a supplemental by completing our work early this am concerned, the Congress, those of to fight this war. evening and coming back next week us who have wanted to know some- Now, call for the regular order if you and finishing this bill. It would give us thing about what are the costs of this want to. Mr. President, I say it is time all time to work to winnow down this war. The administration has given us that we agree on a few more amend- list of amendments. I will bet if we had the back of their hand. ments, act on a few more, and go over the weekend to do it, we could work it Here we are; we are being asked to to next week. The administration, I un- out so there would not be a lot of rush through a budget that is not a war derstand, is going to fight me down at amendments. Our being pushed into budget, no money in this budget for the the White House to tell me about the saying you have to finish this bill war, and yet there is a war going on supplemental next Tuesday as a rank- today or tomorrow is not logical. right now. Go look at your television ing member of the Appropriations I know there is pressure from a lot of sets and see the destruction that is Committee. Let them tell us that first, places to finish the bill, but it is not being rained upon a capital city of a and then let’s complete action on this the Democrats preventing the legisla- state that has not attacked the United massive tax cut. tion from passing. We are doing every- States. Why can’t we wait until we find Mr. President, I hope reason will pre- thing we can to cooperate. I know out what the administration is going vail today. There is time to pass this there are people here who have had far to request in a supplemental and then bill later. It doesn’t have to be done more experience than I. This, to me, deal with the budget? today. Let’s go home, at least out of would be logical and sensible. There is absolutely no necessity for respect for the men and the women Senator BYRD asked me today how dealing with this budget tonight. Sup- who are being sent. They didn’t ask to long we are going. I would like him to pose you lose a man here in the Senate go to foreign lands, possibly to fight express to the Senate how he feels because we continue to press for action and die. about this. on this budget tonight? You could lose Mr. SANTORUM. Mr. President, I The PRESIDING OFFICER. The Sen- a man. You could lose two. We have call for the regular order. ator from West Virginia. had plenty of time. We have had plenty Mr. BYRD. Out of respect for those, Mr. BYRD. Mr. President, there may of time. The administration should Mr. President—— be men and women dying right now in have told us how much they need in Mr. SANTORUM. I call for the reg- the Arabian desert. Here we are talking the supplemental. I have a feeling we ular order. about a budget resolution which is re- are going to be asked for $65 to $80 bil- The PRESIDING OFFICER. Further quired by law to be passed by April 15. lion, maybe $100 billion for the war in debate would require unanimous con- The administration has not added one that supplemental. Why not wait and sent. penny in this budget for the war. They see what the administration is asking Mr. BYRD. I ask unanimous consent have not added anything in this budget for in the supplemental before we pro- to proceed for 1 more minute. for the war. ceed with this budget? The PRESIDING OFFICER. Is there If we were debating a war budget We have a huge tax cut in this budg- objection? today, it might be different. But we are et, $1.3 trillion in tax cuts. So we want Without objection, it is so ordered. not debating a war budget. There is no to pass the tax cuts before we find out Mr. BYRD. Can we not at least re- money in this budget by the adminis- how much the administration is going spect the people who are being sent tration for the war. Yet we are fighting to request in a supplemental for fight- overseas to fight and die, possibly? a war. Why the hurry, when the dead- ing the war. Can’t we, out of respect, at least shut line is April 15? Why the hurry? Men and women are dying. We ought down the Senate for today and go We have asked the administration, I not be on this budget today. We ought home? Why do we have to debate this have asked the administration and rep- to at least show some respect for our while they are giving of their all? Re- resentatives of the administration own men and women. We are sending member, we are raining destruction

VerDate Dec 13 2002 04:18 Mar 22, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\CR\FM\G21MR6.078 S21PT1 S4258 CONGRESSIONAL RECORD — SENATE March 21, 2003 upon a city of a state that has not at- All these amendments that are pend- mous consent to have printed in the tacked this country. There are men ing, for the most part, don’t need to be permanent RECORD a letter I have re- and women, old people and young peo- offered. They can be offered if you ceived from the President consistent ple, sick and dying people there. At want—we are going to set an amount with its requirements under the au- least we should have enough respect to for appropriations. Most of those thorization for use of military force quit now. We have done a good day’s amendments can be dealt with on an against Iraq, Public Law 107–243. work. We passed 15, 16, 17 amendments appropriations bill or on a tax bill. We There being no objection, the mate- by rollcall votes. Why do we have to are going to have both this year. So I rial was ordered to be printed in the continue? We don’t have to—not for urge my colleagues to show some re- RECORD, as follows: the political reason of getting action straint. I will work with my col- Hon. TED STEVENS, completed on this resolution before we leagues, and I think I have considered President pro tempore of the U.S. Senate, find out what the administration is every amendment fairly. We have not Washington, DC. going to ask for in the supplemental. postponed anybody’s amendments. I DEAR MR. PRESIDENT: On March 18, 2003, I made available to you, consistent with sec- I hope Senators will insist on our think we have been as fair as possible tion 3(b) of the Authorization for Use of Mili- going over to next week. Our staffs to everybody. I might mention that 90 tary Force Against Iraq Resolution of 2002 haven’t had a chance to read the percent of the amendments offered on (Public Law 107–243), my determination that amendments. Senators don’t know the other side—well, I will be happy to further diplomatic and other peaceful means what is in these amendments. I don’t. work with my colleagues, but I think it alone will neither adequately protect the na- The PRESIDING OFFICER. The Sen- is important to finish our work, wheth- tional security of the United States against ator’s time has expired. er it is midnight tonight or tomorrow the continuing threat posed by Iraq, nor lead Mr. BYRD. Let’s take the weekend night. It is very much my intention to to enforcement of all relevant United Na- and have our clerks read them so they tions Security Council resolutions regarding finish. I urge our colleagues to work Iraq. can better advise us next week. I ask together to complete our work. I have reluctantly concluded, along with Senators to think about that. Mr. BYRD. Will the Senator yield? other coalition leaders, that only the use of The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- armed force will accomplish these objectives ator from Oklahoma is recognized. ator from North Dakota is recognized. and restore international peace and security Mr. NICKLES. Mr. President, I appre- Mr. CONRAD. Mr. President, let me in the area. I have also determined that the ciate the concerns raised by my friend just say the chairman and I have use of armed force against Iraq is consistent and colleague from West Virginia, who worked together closely to try to move with the United States and other countries just doubled the subsidy for Amtrak this agenda, to have amendments and continuing to take the necessary actions do it in an efficient way. But I must against international terrorists and terrorist over my opposition. The majority lead- organizations, including those nations, orga- er has asked me to finish this bill, and say I don’t see any earthly reason this nizations, or persons who planned, author- we are going to finish the bill. I regret bill has to be done today. The require- ized, committed, or aided the terrorist at- it. I will tell you, I have been here 23 ment is April 15. I think we are getting tacks that occurred on September 11, 2001. years. We usually spend 1 week on a over the edge into unreasonableness. United States objectives also support a tran- budget. Undoubtedly, on that last day When one side gets unreasonable, that sition to democracy in Iraq, as contemplated of the budget, we have a lot of votes. creates a reaction on the other side. I by the Iraq Liberation Act of 1998 (Public We didn’t do a budget last year and we have tried to be reasonable, but I say Law 105–338). Consistent with the War Powers Resolu- should have. Maybe I should have to my colleagues, at some point it is tion (Public Law 93–148), I now inform you worked more with the chairman at going to be hard to feel that there is that pursuant to my authority as Com- that time to make that happen. The some rational reason for this press. mander in Chief and consistent with the Au- Congress didn’t function because it We can get this bill done, and get it thorization for Use of Military Force Against didn’t get the budget done. We are done in a timely way, without going Iraq Resolution (Public Law 102–1) and the going to finish this budget this week— endlessly into the night. We went until Authorization for Use of Military Force tonight or tomorrow. midnight last night, the same the Against Iraq Resolution of 2002 (Public Law I know there are a lot of amend- night before. I will tell you, I think we 107–243), I directed U.S. Armed Forces, oper- should press ahead, do additional ating with other coalition forces, to com- ments, but most of them are repetitive. mence combat operations on March 19, 2003, We have dealt with almost every sub- amendments for a time, but I think we against Iraq. ject area in the budget. The budget is need to fold our tent and recognize These military operations have been care- not an appropriations bill. The budget that we need to come back tomorrow fully planned to accomplish our goals with is not a tax bill. We have had people or Tuesday morning and finish. the minimum loss of life among coalition offer amendments as though this is I just ask my colleagues to think military forces and to innocent civilians. It going to micromanage section 750. We about that and, in the meantime, we is not possible to know at this time either can try to get an agreement on another the duration of active combat operations or don’t do that in the budget. We don’t the scope or duration of the deployment of write tax bills in the budget. We have traunche of amendments to work on. The PRESIDING OFFICER. The Sen- U.S. Armed Forces necessary to accomplish had umpteen amendments. Oh, this our goals fully. will finance this, or it will be that por- ator from Oklahoma is recognized. As we continue our united efforts to dis- tion of a tax bill. That is not what a Mr. NICKLES. Mr. President, I tell arm Iraq in pursuit of peace, stability, and budget does. A budget says basically my colleague from North Dakota that I security both in the Gulf region and in the how much we are going to spend and will let him know of this request. United States, I look forward to our contin- I ask unanimous consent that the ued consultation and cooperation. how much we are going to take in. only amendments that be allowed to be Sincerely, We have a budget and we need to fin- GEORGE W. BUSH ish our work. I know it is unpleasant considered be those filed and presently Mr. NICKLES. Mr. President, I ask and painful, and I know people would at the desk. Mr. REID. I object. unanimous consent that the order for rather be home with their families, but The PRESIDING OFFICER. Objec- the quorum call be rescinded. we have to finish. Two years ago, we tion is heard. The PRESIDING OFFICER. Is there had 34 votes—tons of votes. We eventu- Mr. NICKLES. Mr. President, I sug- objection? ally passed a budget. I congratulated gest the absence of a quorum. Mr. BYRD. Mr. President, I object. Senator DOMENICI because it wasn’t The PRESIDING OFFICER. The The PRESIDING OFFICER. Objec- easy or pretty. That is the way we are clerk will call the roll. tion is heard. right now. The bill clerk proceeded to call the The bill clerk continued with the call I tell my colleague from North Da- roll. of the roll. kota, we knew this was coming a cou- f Mr. NICKLES. Mr. President, I ask ple of days ago. I know it will not be unanimous consent that the order for pleasant, and we are going to ask peo- AUTHORIZATION OF USE OF the quorum call be rescinded. ple, and some people have to catch FORCE The PRESIDING OFFICER (Mr. planes, and that is unfortunate, but we Mr. STEVENS. Mr. President, as CORNYN). Without objection, it is so or- are going to finish the budget. President pro tempore, I ask unani- dered.

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