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

Vol. 149 WASHINGTON, THURSDAY, JANUARY 16, 2003 No. 8 Senate The Senate met at 10 a.m. and was ice marked by dignity, sensitivity, elo- cause we are working against, hope- called to order by the President pro quence, spirituality, and the modeling fully, a coming recess, it is going to be tempore (Mr. STEVENS). of the right priorities, as he soon incumbent upon us to be disciplined, to The PRESIDENT pro tempore. The leaves this office to stand caringly by be focused. All of our colleagues will prayer will be offered by guest Chap- his beloved Mary Jane. Bless him as want to talk on every single issue. lain Dr. John A. Huffman of St. An- You, through him, have blessed us. Clearly they have that opportunity. I drew’s Presbyterian Church, Newport In the name of Jesus I pray. Amen. do ask, in the consideration of the Beach, CA. f number of amendments on either side, that we be disciplined on both sides of PRAYER PLEDGE OF ALLEGIANCE the aisle so we can finish this bill be- The guest Chaplain offered the fol- The Honorable WILLIAM H. FRIST, a fore we leave. lowing prayer: Senator from the State of Tennessee, We will be here through tomorrow; it Let us pray: led the Pledge of Allegiance, as follows: could well be tomorrow night. It is my Almighty God, You created us and I pledge allegiance to the Flag of the goal—my goal—as we are in the early You know us intimately. You know United States of America, and to the Repub- stages on this bill, to finish this bill be- even better than do we why we entered lic for which it stands, one nation under God, fore we leave. People have asked, Could the public arena. Our aspirations of indivisible, with liberty and justice for all. that possibly mean Saturday morning? service for others were and still are so f The answer to that is yes. I think it is high. Yet You know how hammered we that important that we move forward. are in our personal and professional RECOGNITION OF THE MAJORITY If we are unable to finish tonight or lives by the realities of relational ten- LEADER tomorrow or tomorrow night or Satur- sions, the complexity of issues, the am- The PRESIDENT pro tempore. The day or decide that going into Saturday biguity of solutions, our partisan agen- Chair recognizes the majority leader. is not the appropriate way to address das, and the pressures, political and fi- f it, we absolutely will be back here nancial, to remain professionally vital. Tuesday morning to finish these appro- These and more cause us to lose our SCHEDULE priations bills. Whether we finish it focus on why we are doing what we are Mr. FRIST. Mr. President, pending is then Tuesday or later in the week, it doing. Renew our vision when we tem- the Byrd amendment. There will be 2 remains on how disciplined we are. porarily lose it. hours of debate on the amendment. I encourage my colleagues to con- Dear Lord, may the zeal and enthu- Members should be advised that a vote sider the importance of getting this un- siasm of ones new to this Chamber be will occur sometime between noon and finished business done as soon as pos- melded with the experience of the vet- 12:30 p.m. today. sible so we can move ahead with the erans into a synergism of governance Following the disposition of the Byrd Nation’s business. for the common good that is both amendment, other amendments and f faithful to deeply held convictions votes are likely. A late night is un- RESERVATION OF LEADER TIME while sensitive to doing together, avoidable. A number of our colleagues The PRESIDING OFFICER (Mr. EN- across party lines, that which will have asked about scheduling for today SIGN). Under the previous order, the strengthen this Nation in the chal- and tomorrow. My response has been leadership time is reserved. lenges we face. Help us to uphold right- that in 18 days the President of the eousness, justice, mercy and peace- United States will be delivering a f making in all affairs, domestic and budget to this body for consideration MAKING FURTHER CONTINUING international. and for the next fiscal year. We are al- APPROPRIATIONS FOR FISCAL May our individual and corporate ready about a quarter of the way YEAR 2003 prayer be that of the Psalmist who vul- through this fiscal year, yet the Senate The PRESIDING OFFICER. Under nerably cried out: ‘‘Search me, O God, has not yet addressed the 11 appropria- the previous order, the Senate will now and know my heart; test me and know tions spending bills. That process is resume consideration of H.J. Res. 2, my anxious thoughts. See if there is now under way. which the clerk will report. any offensive way in me and lead me in We will be having our first vote in 21⁄2 The assistant legislative clerk read the way everlasting.’’ hours. I look forward to a very produc- as follows: Finally, thank You, Lord, for our tive day. Depending on how productive A joint resolution (H.J. Res. 2) making fur- brother Lloyd Ogilvie who, as Chap- the Senate is today and tonight, and ther continuing appropriations for the fiscal lain, has given 8 sterling years of serv- we may go well into the evening be- year 2003, and for other purposes.

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

S999

.

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1000 CONGRESSIONAL RECORD — SENATE January 16, 2003 Pending: have been following the provisions of ditional ‘‘homeland security’’ spending that Byrd Amendment No. 2, to provide addi- the continuing resolution Congress en- is unnecessary. tional funds for certain homeland security acted, and they are using no more than This letter goes on to say: measures. the amount of money that was avail- We are now more than a quarter of the way The PRESIDING OFFICER. Under able to them in the fiscal year 2002 through fiscal year 2003 and much of the the previous order, there will now be 2 budget. The 2002 budget was contrived funding contained in the ‘‘Byrd amendment’’ hours of debate on the Byrd amend- by the President really in the fall of could not even be obligated in the remaining ment No. 2, with the time to be equally 2001. We enacted it sometime in 2001. months of this year. For these reasons, I urge you to oppose the Byrd amendment. divided in the usual form. We are dealing, in other words, with Mr. STEVENS. Mr. President, I yield a process of funding our Government Mr. President, I ask unanimous con- myself such time as I may consume. I based upon decisions made in 2001, con- sent that this letter be printed in the do intend to yield to my distinguished tinuing down to the end of this fiscal RECORD at the end of my comments. friend from West Virginia anytime he year. The PRESIDING OFFICER. Without wishes to start discussing his amend- I note the distinguished Senator from objection, it is so ordered. ment. West Virginia is here. I am pleased to (See exhibit 1.) The amendment pending before us to yield to him whenever he wishes to Mr. STEVENS. Mr. President, I am the amendment I have offered, which speak. prepared to try to explain any provi- contains the 11 bills that were not en- Mr. BYRD. I thank the Senator. Go sion that is in the 11 bills that are con- acted that the majority leader men- ahead. tained in the amendment I have of- tioned, the Byrd amendment, deals Mr. STEVENS. Mr. President, there fered, or I will call upon the chairmen with additions to the homeland secu- is money in this amendment I have of- of all those subcommittees whenever rity package that is contained in these fered, in one bill or another, dealing anything is questioned. 11 bills. As I stated last evening, I find with each subject Senator BYRD wishes My hope is the Senate will under- myself sort of in a position of a hus- to cover by his amendment. I can say stand the problem. The problem is, do band who has ordered a new car for his that the money in the Byrd amend- we take care of these 11 bills in a very wife and tells her, when the bill comes, ment is going to be spent sometime by expeditious way, get them to con- he is not going to pay the bill. the Federal Government in dealing ference between the House and Senate, I sat through the hearings Senator with these issues. The question is, working with the President and his BYRD held as chairman on homeland when should we make it available? people, and really fashion this into a security. I know the amounts that are The President of the United States satisfactory piece of legislation which in his amendment are amounts of has said, because of all the other pres- the President will sign now. If we money that various persons from sures on our Federal Government, he don’t, we must wait for the House to throughout our society and from com- wanted to limit spending under these pass these bills individually. That will munity after community all over the bills to $750.5 billion. He has given us a take a considerable time for them to country have asked for. It is money new amendment—there will be a sec- pass. We are putting this amendment they want. There is no question they ond one, too—and that adds $825 mil- on a resolution that has already been want this money. We had a plan to lion to deal with the enormous fires passed by the House and we will send it make it available. Actually, it should that occurred in our country last year. back to the House. If we have to wait have been made available sometime As a consequence, we agreed before the for 11 bills to come back from the early last year, but we never got do end of last year to try to live within House and send them to conference one that because we didn’t have a budget the President’s limitations. We were by one, it will be late March or late last year. And we were unable to move unable to do so in the period after the April before we get through this proc- the appropriations bills last year be- election. Now that we have come back, ess. We will not be able to deal with cause of the lack of a budget. of course, it is a new Congress and that the pressing needs of this economy, What I am seeking to do today, and agreement we made last year to limit with the problems of taxation, the started yesterday, is to ask the Senate it to the President’s level was not still problems of homeland security itself, to exercise a rare type of discipline and binding. But it is binding on me, be- and all of the problems that really per- allow us to take these bills to con- cause I went to see the President and plex us in terms of medical problems of ference. My amendment to this pending he asked if I would try to do this and our Nation, the health care delivery continuing resolution bill that is be- get these bills done so we can turn to system. We have the chance now to fore us will allow us to take these bills the budget request, which he will sub- really try to eliminate the problems to conference with the House. There mit to the Congress after the State of caused by a failure to act last year, and are 11 bills that should have been the Union Message. I told him I would. act decisively and take these 11 bills, passed before October 1 of last year. As I am in the position of asking the in one bill, to a conference and work it I said yesterday, it does not do any Senate to hold to the amount the out with the House and the President, good to try to point fingers to say why President asked, the amount of these and come back with a final bill in a we didn’t do that. The simple fact is, 11 bills. I didn’t really decide every conference report and send it to the we did not pass them. number in these bills. These bills came President and, hopefully, obtain his Now in this new Congress we have to from 11 subcommittees of the Appro- signature and have this put behind us. pass bills that actually expired at the priations Committee, with staff mem- I intend to oppose any amendment to end of the last Congress. All of the bers working from both the Republican this bill which adds money. I intend to work that was done on those bills in and Democratic sides at my request to try to get the concept to move expedi- the House and the Senate was elimi- reduce the amount so the total did not tiously, if possible. We now have the nated by the end of that last Congress. exceed the President’s request. That majority leader’s agreement that we We have initiated a process to catch has been done. We have a letter now, will stay in session until we pass this up with those bills. There are bills that Mr. President, which I will put into the bill. We can do it sooner or we can do deal with the moneys to be expended RECORD. I will read some of it to the it later. When we get to conference, we by the agencies in the Federal Govern- Senate: will have representation from both ment between the time the President Dear Mr. Chairman: sides of this aisle. We will be dealing signs the bill and September 30. That is I would like to take this opportunity to with the Appropriations Committee a very short period of time. It does not thank you for your leadership— from the House and from the Senate 1 exceed 7 ⁄2 months. It is probably 7 I won’t read the whole first para- and, by definition, that committee is months. The money that is in my graph. The second paragraph says this: made up of the most experienced peo- amendment will provide ample money ple on both sides of the aisle. Every I am writing today to strongly oppose for those departments for that period amendments to your bill that would add ex- point of view is represented in that of time. It is less than they would have traneous spending above the levels requested conference, and every amendment that gotten on October 1 of last year, be- by the President. In particular, the ‘‘Byrd could be offered here could be offered cause since October 1 of last year they amendment’’ purports to add $5 billion in ad- through one of the members on that

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1001 conference. We ought to be able to could not even be obligated in the remaining probably not have any amendment up. come back to the Senate very quickly months of this year. For these reasons, I This is the way the Senate ought to with a final solution to this problem, urge you to oppose the Byrd amendment. work, a forum for free debate and for Thank you again for your support and we and that is the problem of how do we look forward to working with you to ensure amendments to be offered. eliminate this sword of Damocles that that our homeland is protected. So to begin with, I salute him. I ad- hangs over this new Congress—that is, Sincerely, mire him. I respect him. It does not the 11 bills that were not enacted. STEVE ABBOT, matter how this finally turns out. As I ask unanimous consent that a chart Admiral (ret.), USN, far as this Senator from the State of that my staff and the staffs of the indi- Deputy Homeland Security Advisor. West Virginia is concerned, Senator vidual subcommittees have prepared, STEVENS is my friend, I am his friend, EXHIBIT 2 which shows the major elements of and that is the way it is going to be. Senator BYRD’s amendment, item by MAJOR ELEMENTS OF $5 BILLION HOMELAND SECURITY I also recognize that Senator STE- item, the amount in Senator BYRD’s PACKAGE VENS would probably do things dif- amendment, and the amendment in my ferent if it were not for the cir- amendment for each of those items, be FY 2003 level/ cumstances that he is in. The adminis- Byrd amend- Stevens printed in the RECORD at the end of my ment amendment tration kept the House from acting on remarks. appropriations bills after July of last State and Local Assistance to Combat $1.4 billion ..... $3.7 billion The PRESIDING OFFICER. Without Terrorism. year. This administration put their objection, it is so ordered. Border Security ...... 1.0 billion ...... 4.3 billion foot down, put the brakes on. The Airport Security ...... 720 million ..... 374 million (See exhibit 2.) Port Security ...... 585 million ..... 120 million House Appropriations Committee Mr. STEVENS. Mr. President, I con- Nuclear Security/Energy Security ...... 296 million ..... 1.1 billion chairman, Mr. YOUNG, wanted to go Mass Transit Security ...... 300 million ..... 15 million fess that if we didn’t have the limita- Federal Law Enforcement ...... 212 million ..... 1.2 billion forward with additional appropriations tions we face, the deficit we face, I Water Security ...... 178 million ..... 65 million bills. He is another man who is entitled Cyber Security ...... 128 million ..... 48 million would once again support Senator Other (Food Safety, Securing Biohaz- 167 million ..... 1.9 billion to great credit. Of course, my counter- BYRD’s funding in each of these items. ardous Materials at USDA Facilities, part in the House, Mr. OBEY, is a very Embassy Security, Research to Com- Under the circumstances, we cannot. bat Chemical Attacks, Security at knowledgeable and forceful advocate of We must get a bill the President will Washington and Jefferson Memorials, programs, a very experienced man. and DC Emergency Response Plan). sign as quickly as possible and get Total ...... 5 billion ...... 12.8 billion So what I say has nothing to do with these bills behind us so we can come Mr. OBEY or Mr. YOUNG, but Mr. STE- before the Senate with the individual The PRESIDING OFFICER. The Sen- VENS is, in a way, swimming upstream. 13 appropriations bills that represent ator from West Virginia is recognized. He has the opposition, I am sure, of the the bills for fiscal year 2004. Mr. BYRD. Mr. President, I begin my administration and, being as fair as he I yield the floor. speaking with reference to my col- is being, he has the opposition, I would EXHIBIT 1 league, TED STEVENS. He is a beacon of imagine, of the House leadership. The EXECUTIVE OFFICE OF THE PRESI- reasoning. I was saying to my staff last House leadership has not wanted the DENT, OFFICE OF HOMELAND SECU- night—or this morning, I forget; I am appropriations process to go forward RITY, almost oblivious to time—here is a since July of last year. Of course, I can Washington, DC, January 16, 2003. man who is standing up for the institu- only assume that the House leadership Hon. TED STEVENS, tion. was carrying the water for and taking U.S. Senate, It is not the administration’s desire its orders from the administration, Washington, DC. that we have a time agreement that al- which I do not exactly agree with when DEAR MR. CHAIRMAN: I would like to take lows the minority, the Democrats, to this opportunity to thank you for your lead- it comes to taking orders and giving ership in bringing the FY 2003 Omnibus Ap- offer amendments with up-or-down orders, if I may use those crude forms propriations Bill to the Senate floor and for votes, with an understanding there will of expression. supporting critical funding for out Nation’s be no stacking of the tree. This is I pay tribute to this chairman. He is homeland security. something new in the Senate, in a way, swimming upstream. I expect even on I am writing today to strongly oppose under this administration. Yet this his own side he has a lot of opposition amendments to your bill that would add ex- man, Senator STEVENS of Alaska, has to the fairness he is displaying. I do traneous spending above the levels requested taken the position the minority is not know that, but I have a feeling by the President. In particular, the ‘‘Byrd going to have its opportunity—when I amendment’’ purports to provide $5 billion in that is true. I have a feeling that is additional ‘‘homeland security’’ spending say the minority, I am talking about true with respect to the Republican- that is unnecessary. the Democrats—to offer amendments. controlled House and the administra- The base omnibus bill contains, as the Ad- We will have up-or-down votes. We are tion. ministration requested, an unprecedented not going to stack any tree. This is a I fully understand Senator STEVENS’ 30% increase over 2002 (including supple- breath of fresh air, and I think we situation. In many ways, I expect his mental funding) in the fiscal commitment to ought to recognize this in Senator TED heart is not in the coffin with Caesar. defending the homeland. The funds requested STEVENS’ chairmanship. He is fighting I have a feeling he has great empathy and provided are sufficient to address home- for fairness and equality between the land requirements and, in many cases, are for what he is doing, but he is also try- the most that can be absorbed responsibly in two parties when it comes to delibera- ing to get a massive bill through. We the remaining months of this fiscal year. tions on the Senate floor and the offer- failed last year because of the adminis- In total, the budget for FY 2003 will pro- ing of amendments. I want to pay this tration’s bullheadedness, its stubborn- vide $37.7 billion in homeland security fund- tribute to him. This is really the kind ness, its pigheadedness in refusing to ing, nearly doubling the pre-9/11 levels. In- of chairman of the Appropriations go forward with these bills and holding vestments made in previous supplemental Committee a Senator ought to be. We them back so that we would operate on appropriations and the FY 2003 Budget will have not always seen this insofar as automatic pilot with continuing reso- build capacity in areas that will help protect the other side of the aisle is concerned, our Nation against terrorist attacks. Since 9/ lutions, so spending would not be one 11, the Administration and Congress have when the other side has been in power. dollar above last year’s levels—if we committed to providing: $9.6 billion to de- We have seen a willingness to run might speak in general terms. fend against biological terrorism, more than roughshod over the rights of the minor- So I pay him tribute and I pay trib- doubling the level that the Government ity to offer amendments and to debate. ute to the Republican members of the spent prior; $3.3 billion to secure our borders I do not say this to gain any favors Appropriations Committee who time and ports and over $10 billion for aviation se- from this chairman. He has been after time voted to report out these ap- curity activities. The omnibus bill as pro- around a long time. I have been around propriations bills. We had unanimity, posed by Senator Stevens supports all of a long time. We know we have to give complete bipartisanship. What a model these homeland security initiatives and fur- ther funding is unnecessary. and take, but I point this out at the be- for committee bipartisanship that We are now more than a quarter of the way ginning of this debate. If it were not committee was. through fiscal year 2003 and much of the for TED STEVENS, we would not be de- Now we come to the situation where funding contained in the ‘‘Byrd Amendment’’ bating my amendment today. I would in order to get a bill that is made up of

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1002 CONGRESSIONAL RECORD — SENATE January 16, 2003 the 11 appropriations bills that were they appreciate the information com- issue and the threat of terrorism in our not passed last year, the Senator from ing from the FBI or the Department of homeland. This has been a priority. Alaska has to come in with some cuts. Justice, but small departments are not This has been the No. 1 priority of the I do not believe his heart is in those receiving that in a timely manner. President of the United States. I don’t cuts, but he has to make this presen- There are great concerns about lack of think anyone can argue that this tation. He does it forcefully, and I re- coordination and communication, all President has not committed himself spect him for that. of those things involving resources. and his administration in an almost Having said that, I have to vigor- We have also heard great concerns messianic effort to get our Nation ously oppose the amendment offered by about additional personnel who are ready to defend itself in the face of this my distinguished colleague, Mr. STE- needed in this time when the States terrorism threat. VENS. are cutting back. In my own State of Thus, we have to give great credi- Before I make any further remarks, I Michigan, because of tremendous budg- bility to do what the President wants yield 5 minutes to the distinguished et crises, we have seen cuts in revenue and believes he needs in order to ac- Senator from Michigan, Ms. STABENOW. sharing to our local governments. Po- complish the protection of the home- If she needs more time, let us know. lice officers are being laid off. Fire- land. What he has said he wants and The PRESIDING OFFICER. The Sen- fighters and other front responders are needs is in the bill as brought forward ator from Michigan is recognized for 5 coming to us and asking us to partner by Senator STEVENS, the chairman of minutes. with them. We have a new Homeland the Appropriations Committee. In fact, Ms. STABENOW. Mr. President, I Security Department. We have new re- the add-ons which are requested by the thank the distinguished Senator from sponsibilities that have been given to Senator from West Virginia, in large West Virginia for yielding 5 minutes to our local hometown security leaders. part, although well intentioned, may in me. I also share his great respect and We need to provide them the resources fact undermine the effort to try to get admiration for the Senator and the to be able to get the job done. efficiently into place a response to the processes in which he is involved and Michigan is a border State. In Sen- threat of terrorism. the bipartisan way the Appropriations ator BYRD’s amendment, the resources Why is that? Because sometimes Committee has moved forward in work- for border security are absolutely crit- when these agencies receive much ing together with our two leaders. ical. We have three of the top five busi- more money than they can handle, I thank Senator BYRD for his leader- est borders, the busiest being in De- they handle all their money poorly. If ship on the issue of homeland—many of troit. they receive the money they need to do us are saying ‘‘hometown’’—security, I rise today to support Senator the job right, they focus on doing the because that is really what it is. I come BYRD’s amendment and to urge that we job right rather than simply spending with thanks and gratitude from law en- pass it as he has provided. We are in a the money. forcement, firefighters, EMS workers, situation that I believe is absolutely The administration has written us hospital emergency room workers, all critical. We are hearing this from Re- and said they believe the additional across the great State of Michigan. publican sheriffs and Democratic sher- funds requested by the Senator pro I have held six different community iffs, from Republican police chiefs and tempore emeritus are inappropriate. I meetings around Michigan in the last Democratic police chiefs. This is not a have a letter signed by Admiral Ab- month asking our local first responders partisan issue. This is about the local bott, the Deputy Home Security Ad- how they are doing, what do they need, law enforcement and emergency man- viser: do they feel prepared, what can we do agement personnel desperately needing I would like to take this opportunity to to be of assistance. I have scheduled our help to be able to get the job done thank you for your leadership in bringing three more meetings in Michigan to to keep families safe and secure in the fiscal year 2003 omnibus budget bill to listen, and I am hearing the same thing their homes and in their neighbor- the floor of the Senate. I am writing today over and over again, and that is our hoods. to strongly oppose amendments to your bill first responders, our firefighters and that would add extraneous spending above I urge colleagues to support this ef- the levels requested by the President. In par- police officers on the front line, emer- fort. Once last year we came together ticular, the Byrd amendment purports to gency personnel, health departments, to pass emergency dollars in the sup- provide $5 billion additional homeland spend- local emergency rooms, desperately plemental. The dollars that are being ing that is unnecessary. need us to partner with them to give proposed are absolutely critical. It is a That is one paragraph from this let- them the resources they need to take small amount to pay in order to give ter. He is very clear. The President of the necessary steps to be prepared in the assurance to our families that they the United States, through his Deputy the case of terrorism in their commu- will in fact have the resources given to Secretary for Homeland Security— nities. first responders in their community so Deputy Secretary-designee anyway— I heard concern about training, not they know they can respond in a crisis. Admiral Abbott, has said this money is only the need to have a trainer but the I cannot think of anything more im- not needed and it is not appropriate for costs that it takes to remove that po- portant today than making sure we are the effort they are trying to undertake lice officer. In a small police depart- funding hometown security efforts. to protect the homeland. ment, when an officer goes to training Senator BYRD’s amendment is critical I don’t think anyone can question for a week, there is the additional cost to that effort. I hope we will join and but that this President understands the to replace that person, with overtime have 100-percent support to send a mes- importance of protecting the home- involved, and all kinds of concerns sage to our police, firefighters, emer- land. about training relating to the cost. gency health personnel, and medical I will go through a few specifics re- They very much want this training. personnel that we stand with them in lating to issues over which I have had They need the training. But they need partnership, the Federal Government jurisdiction with my subcommittee I our help to be able to continue to pro- with our local communities, and we have been honored to chair on the Ap- vide law enforcement safety services, will be there and make them a priority propriations Committee, the Com- fire services, and other services in the for the resources they need in order to merce, Justice, State, and the Judici- community while their personnel are keep us safe. ary Subcommittee. being training. I yield the floor. Mr. BYRD. Will the Senator yield? I heard great concern about the lack The PRESIDING OFFICER. The Sen- Mr. GREGG. Of course, I yield—— of resources for equipment and commu- ator from New Hampshire. Mr. BYRD. I will refer to some- nications, one county not being able to Mr. GREGG. I yield myself such time thing—— speak to the next county, large depart- as I may consume. Mr. GREGG. For a question. ments in one city not being able to I appreciate the concerns of the Sen- Mr. BYRD. He is citing a statement speak to a township, very small fire de- ator from West Virginia. We all admire of a Deputy Director of Homeland Se- partments that are not yet on e-mail. his commitment to the issue as we all curity; is that it? We have information coming out from try to make sure we as a nation have Mr. GREGG. Designated Deputy Di- the Federal level, many of them saying prepared effectively to address the rector.

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1003 Mr. BYRD. Citing that individual as I thank the Senator. that, in the prior bill from which this saying that they do not need any addi- Mr. GREGG. I thank the Senator for bill was brought up, there is at least tional moneys as we find in the amend- his comments. $100 million of unobligated funds at the ment I have offered; is that what he is I simply add, today we have a letter FBI. We happen to think it is probably saying? from Admiral Abbott, in which it is much higher than that. It may ap- Mr. GREGG. That is correct. stated that they think this money is proach $150 million. It makes much Mr. BYRD. I was off the floor, and I unnecessary, and I believe their point more sense to say to the FBI: You want to make sure I heard. I make this is it is unnecessary at this time be- spend the unobligated funds first before comment in that regard. We heard that cause these agencies can’t handle it. we put more funds on top of the funds same tune last year from Mr. Ridge Let me go through why that is the you already have, because we already who was at that time the Director of case with the agencies with which I know you are having trouble managing Homeland Security. His comment was have some familiarity. I have been for- the additional resources that you have with respect to moneys that were in tunate enough to serve as either rank- received. legislation I was offering. His comment ing member or chairman of the Com- The FBI is, regrettably, a very trou- was: We don’t need any more. We don’t merce-State-Justice Subcommittee for bled agency today. I don’t think there need any more money. The same old about 8 years, and during that time I is anybody who has been following the tune: We don’t need any more money. have come to know with some famili- news who doesn’t recognize that. If you We heard that from Mr. Ridge last arity of the activities of the agencies happen to follow the actual substance year. under that jurisdiction, many of which of the situation, you can appreciate I don’t speak with criticism of the impact homeland security. Let me spe- that. For example, the National Infra- distinguished Senator who is on the cifically talk about the FBI, INS, first structure Protection Center, NIPC, floor, but I am simply pointing out, responders, and the issue of the Mar- which presented a spending plan that that is the same old saw, the same old shals Service. was so at variance with what the com- tune we heard last year from the then- This amendment includes in it $137 mittee guidance was—and this was designated Director of Homeland Secu- million for the Triology Program. The committee guidance when the com- rity, Gov. Tom Ridge. He even wrote Trilogy Program was an attempt to get mittee was under the chairmanship of me a letter. coherence into the computer systems Senator HOLLINGS, who did an extraor- Mr. GREGG. Will the Senator yield of the FBI and basically be able to get dinary job as chairman of this sub- for a second? I have to reclaim my every agent at the FBI the capability committee, by the way—it was so at time. to go online and instantaneously ac- variance with that we had to redirect Mr. BYRD. I had the floor. cess the database of the FBI, so you $30 million and basically NIPC was Mr. GREGG. I yielded for a question. would have the capacity of a field transferred out of the FBI because they Mr. BYRD. I am talking on my time. agent actually having the information simply couldn’t handle the program The PRESIDING OFFICER. The Sen- necessary to find out, if they ran into any longer. ator from New Hampshire has the a suspect, what that suspect’s threat The Foreign Terrorism Tracking floor. situation was and also to feed into the Task Force—this was created on a Mr. BYRD. He has the floor, but I system information they may have de- whim. It was a press release creation. point out that I had the floor. I had to veloped that was important to pro- We still don’t know what it does. We leave the floor, and I yielded to the dis- tecting the country, especially in the still can’t figure out what it does. As a tinguished lady from Michigan. area of terrorism. practical matter, it doesn’t know what The PRESIDING OFFICER. Now the Unfortunately, Trilogy has become a it does. Senator from New Hampshire has the large disaster. A big part of the dis- The efforts to implement the Webster floor. aster of the Trilogy Program is that Commission mandates on security have Mr. BYRD. I understand that. I very we, last year, threw $237 million at the ended up creating unnecessary tasks well know the rules of the Senate. I am program that they didn’t need in order because of the initial Bureau reluc- not itching for a fight with the Chair. to develop it. That was part of our ef- tance to allow us to have full over- I respect the Chair. I respect the Sen- forts last year to try to show that we sight. That has made it impossible for ator from New Hampshire. But the were concerned about terrorism. This us to determine whether the Webster Senator from New Hampshire, let him money, essentially, buried the pro- Commission mandates are being met. understand that I am yielding—I have gram. As a result, in large part, the Director Mueller is trying very hard, asked for him to yield on my time, my program has fallen apart. The situation and I have immense respect for him. I time. is that the FBI software and hardware honestly believe—unfortunately, with Mr. GREGG. Fine. I am yielding for a contracts for Trilogy have essentially time—he is going to get the FBI up and question. I am not yielding the floor, become gold plated. The cost is soar- running, to be the type of force it needs but the time is being charged to the ing. The schedule is out of control. to be in order to protect us from ter- Senator from West Virginia; is that Right now we still do not have con- rorist attacks. correct? tracts on Trilogy hardware or Trilogy But right now the FBI has serious The PRESIDING OFFICER. That is software. We are completely at the managerial problems. It does not have correct. The time is so charged. mercy of the contractors. serious cash problems. We have funded Mr. BYRD. I only want to point out The practical effect of that is that we the FBI at very high levels in this bill, that we heard that same old tune last now have a program which has what is very high levels. They have significant year from then-Director Tom Ridge of estimated to be an approximately $213 unobligated funds. Programs such as the Department of Homeland Security. million increase in 1 year—that is a 57- Trilogy do not need more money. What He wrote me a letter—probably wrote percent increase—and we are not get- they need is more management. the same letter to Senator STEVENS at ting what we expected out of the pro- We can move on to the INS. The that time—that they didn’t need the gram. The simple fact is that putting amendment would add $267 million money we were trying to put in the another $137 million on top of a pro- more for INS construction. The fiscal bill. So we have heard that before. gram which already is awash with year 2003 bill before us already provides I thank the distinguished Senator for money, so much awash in money that $267 million for INS construction. We yielding. That is the only point I want- it basically has caused the FBI to lose doubled INS construction, compared to ed to make. I wanted to recall for the its focus on how to best get contracts historic levels at which INS construc- record that we have heard that same for software and hardware, is not going tion was getting funded. If you take argument before from this administra- to help the program at all. In fact, to the money now being proposed in this tion, at that time through Director put another $137 million into the pro- amendment, you will be doubling it Tom Ridge, whom the President of the gram is not going to contribute any- again. This is one area in the INS De- United States refused to let come be- thing to making Trilogy work better. partment where they actually do fore the Appropriations Committee and Regarding the additional funds in things well—construction. They know testify on budget matters. this amendment, there is a point made what they are doing. They do it well.

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1004 CONGRESSIONAL RECORD — SENATE January 16, 2003 But, as any other agency, if you over- know they will not get them. Why? Be- By moving those senior marshals to whelm it with funds, many more funds cause we have language requirements. those positions, we will address the than it can handle—and I respectfully We require significant training experi- problem most effectively. That is why present that a quadrupling of funds in ence for these individuals. And up until the bill takes this approach rather one agency’s construction account is last year or the year before, we didn’t than additional funding. an overwhelming event—you are going pay them enough to get the people who The bill has also added a huge new to find that agency starts to erode its had those qualities. We are losing them increase on top of the very dramatic internal control mechanisms and you at a high rate, especially since TSA increase that is in the bill for first re- are probably going to find that money came into existence and the rate of pay sponders. This is an area where I have will be spent recklessly, inappropri- there was better than the Border Pa- spent a huge amount of time, as has ately, and, unfortunately, wasted. trol. We saw people migrating from the Senator HOLLINGS. Our committee ba- The doubling of the money in this ac- Border Patrol over to there. We need to sically first began the first responder count is a reasonable number. I don’t fill the slots that are already there. We effort 3 years before the 9/11 event. We see how anybody can say it is not a need to hire up those slots and not be set up five major schools across the reasonable number, which is in this putting another $80 million on top of country. We started with training. Ac- legislation as it comes from Senator that. That is $80 million that can’t be tually, we had them in 167 cities before STEVENS. It does not need to be quad- used. It really isn’t necessary in order 9/11. We wish we had been able to do rupled. to accomplish what we want in the more. We weren’t. But as a practical The amendment also calls for $262 area of hiring up the Border Patrol. matter, this is an area where we have million in the exit/entry program. The We know—once again, like the FBI— focused a lot of energy and a lot of exit/entry system is, unfortunately, an- that the INS has huge amounts of time to get this program to work right. other computer disaster. It is a pro- money that are sitting there that are It is working right. This is one of the posed system. Unfortunately, it is a unobligated and basically becoming real things in our efforts to address promise; it doesn’t exist. We can’t even slush funds. That is what this $80 mil- terrorism that is working right. begin to develop the system until the lion would be added to. This bill has put $2 billion into what INS has a central computer control Just last month, like a rabbit out of used to be DPO, the Domestic Pre- network. The INS has so mismanaged a hat, when a hole in the security bill paredness Office, which will go out to its information technology programs was announced, they came up with $30 the police and the emergency respond- over the years that we now have sev- million at the INS, bang, just like that. ers. Then it has another $1 billion-plus eral core systems that cannot commu- We don’t know where it came from, but going over to FEMA, which will help nicate with one another. That is one of we know they found it in that agency. with fire first responders. Unfortunately, this $80 million, as the reasons the 9/11 disaster is so frus- We don’t want to put more money on well intentioned as it is, is simply not trating. It was the fact that the INS top of that—and I will be willing to going to be able to be used because we systems couldn’t communicate with place odds on this one—than these have already put in place as many new each other that didn’t allow us to find agencies are going to be able to handle positions as they possibly can hire up in the next 8 months, and at the end of out that we had folks training in flight in the next 8 months which this bill the next 8 months we are going to pour school 9 months before the event. covers. another dramatic amount of money The situation is so bad that the pro- In the area of the U.S. Marshals, the posed fiscal year 2003 mark provides $83 into this account. U.S. Marshals is a small agency that is We understand that these are the million for the Justice Department to trying hard. They are sort of like the people who need the support. They come in and develop a new central little-engine-that-could agency. This need the technical support and the computer system for the INS, because amendment is suggesting $537 million training. They need the equipment. we have decided—and this wasn’t my for 200 new deputy U.S. marshals—the But we also understand, once again, unilateral decision; this was a decision revival of an idea that I think was ini- that putting these types of dollars into made under Chairman HOLLINGS’ lead- tially put on the floor here by Senator these agencies this fast—into the local ership, and I applaud him for it because GRAHAM of Florida last year. Again, it fire departments, local police depart- he went into this and they understand is well intentioned. But this is espe- ments, local public health depart- the problem—we came to the conclu- cially an agency that we do not want ments—if you do it at a rate that you sion the INS couldn’t straighten this to overload with money they can’t use can’t keep track of it and you can’t out; it is such a disaster, their com- and with which they would potentially manage it effectively, you are going to puter systems. The amendment would end up producing inefficiencies and end up with a lot of bells and whistles have us spend $362 million on a system waste. rather than substantive equipment. that, if developed, would be standing in Rather than throwing a whole lot of That is what we don’t want. We don’t isolation because there is no central money and saying hire up a whole lot want people buying blue lights; we computer system that is working now of new people at the U.S. Marshals want people taking care of the equip- at the INS. Service, this bill suggests that we shift ment they should be buying—res- What we need to do first is develop a 106 presently underused senior U.S. pirators or machines—and we want the central computer system at the INS marshalls away from their desks and training to be directed at the training that can communicate within the INS, back onto the front lines. What is the needed by a first responder in a ter- and then with the exit/entry system in advantage of doing this versus hiring rorism event—especially weapons of place. So we are putting the cart before up? The advantage is you don’t end up mass destruction. We don’t want this the horse, to say the least, and it is with fresh, new faces out there; you money simply ending up by placing going to cost us $360 million to do it end up with people who have line expe- dollars that are flowing into these and it makes very little sense, al- rience, knowledge, and ability, and who agencies. though it is well intentioned. But it is will from day 1 know how to handle a The $2 billion that is coming out of not good fiscal management for that difficult situation should they confront our subcommittee and the $1 billion- agency. it in a courthouse. This is a prudent plus coming out of the FEMA sub- Finally, the amendment adds some course. committee is a dramatic increase and a $80 million for salaries and expenses. The amendment of the Senator from very significant commitment to the The fiscal year 2003 mark already funds West Virginia, unfortunately, in my first responder program. Putting more 500 new Border Patrol agents and 460 opinion, would simply swamp the mar- money on top of that, as the Homeland new inspectors. We know from the his- shals. It is better to bring 106 senior Security Assistant Secretary, Admiral torical experience over the last few deputies back to the fold than to chase Abbott, pointed out, simply isn’t going years that we have been trying to hire and try to capture 200 rookies who may to add to solving the problem. up the Border Patrol and that we sim- or may not be able to be added in time, As well intentioned as this amend- ply can’t fill these positions as fast as and may or may not be able to be con- ment is—it is well intentioned, and I we would like. We can say they want structive, compared to moving the 106 respect immensely the author, but cer- 1,000 new Border Patrol agents. We onto the front line. tainly the author’s commitment to

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1005 this issue which as been acted on for hope our top artillery people will come Mr. BYRD. I yield 6 minutes to the the last few years in a very aggressive and address these comments. Senator. way—I think at this time that the ad- But let it not be said that we are Mr. SCHUMER. I thank my col- ministration has it right and knows spending more money on computers. league. what it is doing as well as anyone can We are not doing it in this amendment. The PRESIDING OFFICER. The Sen- in this type of a climate and that this The Senator from New Hampshire is ator from New York is recognized. bill properly funded was brought to the exactly correct. We know that, so we Mr. SCHUMER. Mr. President, I floor by Senator STEVENS. did not add money for that. stand here to back up our leader, the I yield the floor. But there is other money here re- Senator from West Virginia, who has Mr. BYRD. Mr. President, how much quested by the President. So let it not waged a long fight. time do I have? be said we do not need that money. First, I wish to say that the Senator The PRESIDING OFFICER. The Sen- Who is right? If a President requests from New Hampshire is very erudite, ator has 52 minutes 43 seconds. the money, is the Senator from New and I am glad he chairs his sub- Mr. BYRD. I yield myself 2 minutes. Hampshire, or any other Senator on committee, but what he is saying, that Mr. STEVENS. Mr. President, will that side of the aisle, or any Senator we do not need money, does not square the Senator yield for 1 minute? who is opposed to this amendment, with the facts. The bottom line, if you Mr. BYRD. I yield on the Senator’s willing to stand on the floor and say have followed the fight of our good time. the President is mistaken, the Presi- friend, our leader, the Senator from Mr. STEVENS. Yes. dent does not know what he is talking West Virginia, is that this administra- tion has constantly cut back on home- Mr. President, I ask unanimous con- about, the President does not speak for land security, on requests they have sent that the time for the rollcall on us? Senator BYRD’s amendment be changed Mr. REID. Will the Senator yield for made, and on things that we need. We are in a strange situation; that is, to commence at 12:30, with the time a question? when we fight a war on terrorism over- added to be equally divided. Mr. BYRD. Yes, I yield. seas, every penny is available, as it The PRESIDING OFFICER. Without Mr. REID. I have listened to this de- should be. We back up our men and objection, it is so ordered. bate, and it appears, with the remarks women who are overseas. But when it Mr. BYRD. Mr. President, let me from the distinguished Senator from comes to fighting here at the home- compliment the distinguished Senator New Hampshire, that these amounts in land, we have no money. The analogy from New Hampshire. He is a very this amendment which the Senator would be telling the generals to fight knowledgeable Senator. He is a reason- from West Virginia has filed were just the war in Iraq—the upcoming war we able Senator, and he is a courageous brought out of the sky someplace. The Senator. He doesn’t always fall in line pray to God will not happen; but if it fact is, agencies of the executive de- does, fight the war in Iraq—with no and do the party thing. But let me say partment requested these matters ini- this. He raises a straw man when he new money. It makes no sense. tially; is that true? I want to point out three areas be- talks about computers. We are knowl- Mr. BYRD. That is true. And not cause I heard my colleague from New edgeable. He is right on the computers. only the agencies in the executive de- Hampshire. So we didn’t ask to put any money in partment, but the distinguished Sen- First, in my State—all of which I this amendment for computers. ator from Utah, for example, talked know from my State; and I will take Let me also say this. Is there any- about cybercrime, cyberterrorism, the one end of my State and the other—at body in this Chamber who would main- distinguished Senator from Utah, Mr. one end we have a northern border; at tain that we know who is coming into BENNETT. He is a very knowledgeable the other end we have a port. The this country and who is going out of Senator on this subject. So in this northern border is totally unguarded. this country from day to day? The bor- amendment we have $70,600,000 to com- Every 2 weeks we hear on television ders are wide open. We know that. So bat cybercrime and cyberterrorism. We the fact that some unknown group may let it not be said that the FBI and the have taken this from testimony at last have come over the northern border. other agencies, the Border Patrol peo- spring’s homeland security hearings. In the PATRIOT Act, a bipartisan act ple, and all of those are awash with These are funds that were blocked— which the Justice Department pushed, money. Don’t listen to that. Our coun- blocked—by the President in the $2.5 we called for tripling the Border Pa- try is not secure. This amendment is billion supplemental. trol, Customs, and INS on the northern attempting to make our Nation secure. Hear me now. Who asked for this border. In Buffalo we have the second With regard to the FBI, we have $46 money? Senators on that side of the largest port of entry between Canada million. We say we are awash with aisle have maintained that this is a and the United States. I have been money, that we don’t need any more very, very worthy cause; we need to there. I have talked to the head of the money. That was a mainstay of the dis- combat cybercrime and cyberterror- Border Patrol in New York on the tinguished Senator’s argument. I will ism. This amendment is trying to re- northern border. I have talked to the defer to Senator HOLLINGS because he spond to that need that was evidenced head of Customs. I have talked to INS. can best speak to this subject matter by Senator BENNETT at the hearings. They are desperately short of people. with respect to the FBI, and so forth. Everybody knows we have a language If my friend from New Hampshire But the Senator from New Hampshire translation problem in the services. We thinks we don’t need money to increase says we are awash with money; we have heard that from all sources in the personnel for Customs, INS, and the don’t need any more money. Well, in hearings that were held by the Appro- Border Patrol, I would invite him to this amendment, there is $46 million priations Committee last spring. We come to my State. for aviation support, including funding heard it from the people at the local For the southern border, we have for additional pilots and mechanics, for level. They could not talk with one an- some guards and strictures, and, unfor- two Blackhawk helicopters and surveil- other. And there are problems in lan- tunately, the terrorists have realized lance aircraft, funding for maintenance guage translation. So this was a Hart- that and they use the northern border. and equipment, and other items needed Rudman report recommendation, and Again, the President called for tri- by the aviation program. this amendment is trying to respond to pling—tripling—in the PATRIOT Act, This money has been requested by that. the personnel of those three Depart- the President of the United States. Mr. President, how much time do I ments on the northern border. The un- Does the right hand know what the left have? derlying amendment does virtually hand is doing here? This amendment is The PRESIDING OFFICER. The Sen- nothing. Even the amendment offered attempting to, in this instance, with ator has 49 minutes 45 seconds. by my good friend from West Virginia respect to the $46 million—nothing was Mr. BYRD. I thank the Chair. does not triple the amount we need on said about that by the distinguished How much time does the Senator the northern border, but at least it Senator from New Hampshire. Now from New York want? takes a step in that direction. they are sending in their top artillery Mr. SCHUMER. If it is all right with I have asked the people in Buffalo people over here on this amendment. I the Senator, 6 minutes. and in Plattsburgh and in Ogdensburg

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1006 CONGRESSIONAL RECORD — SENATE January 16, 2003 why they can’t hire people. Because Let’s face it, ladies and gentlemen, The report highlighted the they don’t have the money. Not that the city of New York has been—up vulnerabilities created by the min- the personnel aren’t there, not that until now; I hope it does not happen iscule fraction of trains, ships, trucks there are bureaucratic bottlenecks, but again—their No. 1 target. and containers that are searched for they don’t have the money. The PRESIDING OFFICER. The Sen- weapons of mass destruction; poor Let’s go to the southern end of my ator’s time has expired. radio communications and equipment State, New York City, the port. Right Mr. SCHUMER. Mr. President, I ask and training for police, fire, and emer- now, unfortunately—and this is well the Senator for 2 more minutes to com- gency medical personnel; inadequate known—we are wide open in terms of plete my point. coordination and focus on threats to what can be smuggled into our ports on Mr. BYRD. Two more minutes. food safety; lack of lab capacity to test the Pacific, on the Atlantic, and on the Mr. SCHUMER. I thank the Senator for biological or chemical contami- gulf coast. God forbid if a nuclear very much. nants; and insufficient sharing of intel- weapon was smuggled in. The PRESIDING OFFICER. The Sen- ligence information with State and My good friend from Virginia and I, ator is recognized for 2 more minutes. local governments on potential ter- Senator WARNER and I, put in an Mr. SCHUMER. We, in New York rorist threats. amendment in the homeland security City, are stretched. I know what is Not only has President Bush failed— bill, and then in Senator HOLLINGS’s going to happen. They are going to say: failed, failed—to lead the Nation in ad- port security bill, to create detection New York City, $265 million out of $3.4 dressing these vulnerabilities, he has in devices to prevent these nuclear weap- billion? That is unfair. Everyone else fact actively opposed efforts to provide ons from coming in. Do you know what needs the money. the resources necessary to address we were told? There is no money. The Well, we are the No. 1 target. We these significant weaknesses. The President asked that it be taken out. don’t have enough money for the first record will show that. When it comes How can we say we need to go into responders. And this is true throughout to homeland defense, the President is Iraq to find nuclear weapons—I sup- every part of our community—our hos- strong on rhetoric and weak on re- ported the President in his move to go pitals, our firefighters. Everyone is sources. The record will substantiate into Iraq—and at the same time leave stretched. Our States and local govern- that statement of mine. our ports wide open to someone else— ments have no money to do all this. So, Under pressure from the White House al-Qaida, a Chechen—smuggling in a of course, we need more. The amend- since September 11, 2001, $8.9 billion of weapon? ment of the Senator from West Vir- critical funding to address the specific Again, the amendment of our leader, ginia doesn’t do enough, but at least it concerns identified in the Rudman- the distinguished Senator from West is a step on the road. Hart report and in our bipartisan Sen- Virginia, does not come close to put- I could go on and on. I have talked ate Appropriations Committee hear- ting the money in we need, but he puts about the northern border, which in- ings have been squeezed out of spend- in some. At the same time we are rais- volves Customs, INS, and Border Pa- ing bills considered by the Congress. In ing the budget for the war overseas by trol. I have talked about the port of November of 2001, just 2 months after tens of billions of dollars, we refuse to New York and all the ports of the coun- the attacks of September 11, the Presi- even begin to do what we need on try which involve both TSA and some dent said: Wait. homeland security. of the scientific research. I have talked The PRESIDING OFFICER. The Sen- Let me say to my friend from New about first responders. I could go on ator has used 2 minutes. Hampshire, the only bottleneck that and on, but I know there is not enough Mr. BYRD. I yield myself an addi- prevents us from developing a detec- time. We desperately need this money. tional 2 minutes. tion device and implementing it on Let us hope and pray that our stingi- The President said: Wait, we can wait every container, on every toll booth at ness in this vital area, where there is until 2003 to begin spending more on the northern and southern borders, to no ideological dispute, doesn’t hurt our homeland security. prevent nuclear weapons from coming people this year or next year or the Now it is 2003. What is the President in, is money. Again, if we are going to year after. saying? He is saying: Let’s wait until fight this war on terrorism abroad, we The Senator from West Virginia is 2004. need the dollars to do it. Everyone making a lonely and difficult fight. He Now the administration is saying we agrees. But, somehow, there is a dis- has done it for 6 months. But once don’t need more money for fiscal year connect, and when we fight the war on again, we will look back on history and 2003 because the administration has terrorism at home, we say there are no say he was right. We cannot fight a war not spent some of the money that was dollars. on terror at home if we don’t appro- appropriated for fiscal year 2002. The God forbid that something happens priate the dollars. administration is leaving itself wide and we rue the day. My good friend from New Hampshire open to justified criticism when it One final point. My friend, again, can say we may not need this or we maintains that. So it is saying we from New Hampshire was saying that may not need that. In my State, the don’t need more money because the ad- our first responders in our localities do focal point of terrorism, we are not ministration has not spent some of the not need any more money, that the $3.4 doing what we should on homeland se- money that was appropriated for fiscal billion they put in is enough. I beg to curity because we don’t have the dol- year 2002. What poppycock. differ. lars—plain and simple. If the administration has not spent Let me talk about New York City. I will enthusiastically support the essential funds approved by the Con- If you drive over the Brooklyn amendment by the Senator from West gress over 1 year ago for homeland se- Bridge, there is a police officer at each Virginia, my leader. I hope the rest of curity, then the Senate Appropriations end of the bridge now. There never used the Senate will, too. God forbid we re- Committee should be holding hearings to be. Now that has to be 24 hours, 7 gret the day we do not. to find out why. Where does the fault days a week, to prevent someone from Mr. BYRD. Mr. President, I thank lie? Who is right here? Who is wrong? placing a bomb there. That is six police the distinguished Senator from New What are we doing? officers—three shifts, 24 hours a day— York. I yield myself 2 minutes. Very little is being said on the part for each end of that bridge and for each The PRESIDING OFFICER (Mr. of the administration these days about end of every one of our bridges. BURNS). The Senator from West Vir- protecting the homeland. Everything is We, in New York City alone—Com- ginia. go, go, go, go, go. They are sending off missioner Kelly, Mayor Bloomberg— Mr. BYRD. Recently, former Sen- our National Guardsmen. We see the have requested $265 million of this ators Rudman and Hart released a re- tears streaming down the cheeks of the committee, not for anything new, and port that concluded that American wives and the children and of the not for the new equipment that my transportation, water, food, power, guardsmen and reservists themselves. good friend from New Hampshire talks communications, and banking systems We see this on television every day or about, but simply to pay for some of remain easy targets for terrorist at- so. These people are part-time soldiers, the costs. tacks. but they are full-time community

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1007 workers. They are lawyers. They are know, he does not stand alone in this would not let their key point man on doctors. They are firemen. They are po- battle. There are many of us who be- homeland security come before the Ap- licemen. They are State policemen. lieve we need to step up at this mo- propriations Committee in the Senate These people are being sent overseas to ment in time and speak up for not just last year. They said: He is a staff per- fight a war in Iraq, an undeclared war the defense of America from foes who son. Yes, he was, but he was the admin- on the part of the Congress. attack us overseas but the defense of istration’s point man on homeland se- The PRESIDING OFFICER. The Sen- hometown America, the defense of our curity. They kept him from coming. ator has used 2 minutes. homeland. It is not enough to create a Then when we tried to appropriate Mr. BYRD. I yield myself whatever new bureaucracy and a multi-agency more money—unanimously—in the time I need from my time. unit with a high-sounding name, the committee, what did we get? We got It is time somebody says something Department of Homeland Security, and veto threats from this administration. about what is going on in this country. not provide the resources that are es- Now, what does that tell you about Mr. DURBIN. Will the Senator yield? sential to protect hometown America. this administration? They don’t want Mr. BYRD. Not for the moment. I My colleague from New York re- to work with the Congress. They want will shortly. counted the challenges in New York to have it their way all the way. They Mr. President, I don’t hear a whimper City. The same can be said for the city don’t want to admit there are weak- from the Congress which only a short of Chicago and for small towns and vil- nesses, admit Congress can be right, time ago attempted to give up its con- lages all across Illinois. Something as and is right on many occasions. No, we stitutional power to declare war to one basic as establishing a communications don’t expect them to support this man. He will determine when, how, and network for police and fire first re- amendment. They have not supported where our military forces will be used sponders and the medical community is our amendments in the past. in an unprovoked war against a sov- essential to respond to a crisis. The Mr. President, how much time do I ereign state that has not attacked us money is not there. My State is deep in have? in this new doctrine of preemption. It debt, as are many States across the Na- The PRESIDING OFFICER. The Sen- is a new doctrine. tion. The question is whether this ad- ator has 29 minutes. This Senator is just not going to ministration will come forward and Mr. BYRD. I see my distinguished take this lying down. I don’t care how support Senator BYRD’s amendment to chairman and I will be glad to yield the popular Mr. Bush may be. I answer to put in a small proportional increase, a floor for now. my constituents, I answer to my Con- small incremental increase in terms of Mr. STEVENS. Mr. President, I stitution, and I answer to my con- homeland security, and to think this thank the Senator from West Virginia. science. would be resisted is an open invitation Again, I have to come back to where Here we are penny pinching when it for critics to say this administration we are. We are trying to send to the comes to protecting the homeland. supports a hollow homeland security— House, in order that we might convene This administration is not paying one that will not be there when we a conference between the House and enough attention to the protection of need it. I hope this great Nation and Senate, the 11 bills we did not pass last the homeland—our country, our people, our people never face an act of ter- year, governing 11 different appropria- our institutions, our installations. rorism again. But it is foolhardy for us tions bills. The President has to be I think it is time we called the hand to ignore the threat of September 11, taken into consideration because we of this administration. If the adminis- 2001, and its repetition. We live on Cap- are asking him to sign 11 bills with one tration says: We don’t need any more itol Hill most of our working lives and signature. Rather than have 11 bills in- money, we are awash with money, well, we know that two letters mailed to an dividually come over here from the then, if the administration has not office in Capitol Hill containing an- House, handle them individually in spent essential funds approved by the thrax cost us $20 million to clean up, committee, bring them to the floor and Congress over 1 year ago for homeland cost us American lives, and closed handle them individually, take them to security, the Senate Appropriations down office buildings for months—two conference and handle them individ- Committee ought to be holding hear- envelopes. That is our vulnerability. ually, pass them by the Senate again ings to find out why. Let’s find out That is the vulnerability of America. individually, and send them one by one why. Senator BYRD, you do not stand to the President, we are asking to play We need these homeland security re- alone. I hope there are Members across catchup, send them to conference, sources now to meet real needs that the aisle who will join us in this effort work it out with the President, within have been authorized by the Congress to make certain our commitment to his limits, and he will sign the bills and for port security, airport security, bor- homeland security goes beyond rhet- we will put this problem behind us. der security, nuclear security. oric. The Senator from West Virginia I understand the Senator would like Mr. BYRD. Mr. President, I thank raises a series of issues about homeland for me to yield. How much time do I the distinguished Senator from Illinois. security. This Senator does not dispute have remaining? He stood with me when we opposed the the fact that additional funds will be The PRESIDING OFFICER. The Sen- Iraq resolution, and we stand together needed for homeland security. For in- ator has 34 minutes. today. stance, if we go back to the State, Jus- Mr. BYRD. I thank the distinguished Let me say this, Mr. President: This tice, Commerce bill, the section of the chair. I yield time to the Senator from is not the last word with respect to amendment I have put before the Sen- Illinois. sending our men and women across the ate contains $11.3 billion for homeland Mr. DURBIN. I thank the Senator seas to fight a war that has been security for State, Justice, Commerce from West Virginia. unprovoked. We have not been at- functions only—Department of Com- One of my favorite historians, Wil- tacked. We will have more to say about merce, Department of Justice, Depart- liam Manchester, in writing his vol- that later. ment of State. There is $8 billion for umes concerning the life of a great We do need to protect this homeland. the Department of Justice, $222.7 mil- man named Winston Churchill, entitled This amendment will do that. The Sen- lion for the judiciary, $262.8 million for the second volume ‘‘Alone,’’ telling of ate is at a crossroads. We face a choice: the Department of Commerce, and $280 that period in Winston Churchill’s ca- Will we allow partisan politics to rule million for the Department of State. reer in the 1930s when he stood in the the day or will we step up to the re- Adding another $1.2 billion, as the House of Commons in England as a sponsibility to respond to the growing Senator from West Virginia directs lonely voice warning his countrymen of security crisis facing our country? Of under his amendment, would not be the impending peril of what was to course, this administration is not something that can be used by these occur in World War II. He was ignored. going to support me in this amend- departments in the 7-plus months that He was derided. He was ridiculed. Even- ment. The administration has opposed are left—plus maybe a week or two—to tually, history vindicated him. every effort I have made in the past to spend that money. The same will be true of the Senator add moneys for homeland security. The My position is, let’s get this behind from West Virginia. I want to let him administration, the White House, us. In every instance, there is money in

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1008 CONGRESSIONAL RECORD — SENATE January 16, 2003 the bill that would deal with the issues not a person there who did not want we had the chance to move before then, at the President’s level; but Senator more money. I do not remember one Senator BYRD would have had the job I BYRD wants to increase that money. single person who did not want more have of coming down to that level. For instance, for the DC emergency re- money. As a matter of fact, as a father Now the gavel has shifted, but the sponse plan, Senator BYRD wants to of six, I have had people around me problem has not changed, and I am add $12 million for the District’s uni- who wanted money all my life. The asking the Senate to do what I think fied communication center. We have question is: How much should be allo- Senator BYRD would have asked last $10 million for that purpose in this cated, and how fast should they spend November/December had we gotten to amendment. The President didn’t re- it? the point where we are now, actually quest any money, so we have already Now, on this concept of taking the considering the bills on the floor. added $10 million. Senator BYRD wants bill and saying, we want to add $5 bil- Again, I do not want to put all of this to add $12 million to that. lion to this omnibus amendment I in the RECORD, but, again, I will put In the District of Columbia, Senator have, we will take it back into the the summary in the RECORD in terms of BYRD wants to add $13 million for the same fight we had last year, the same the charts I have prepared. We have bioterrorism hospital preparedness ac- thing that delayed us last year, and it covered these functions. We have fund- count. We already included $10 million will delay us so we cannot even get to ed the functions for the amount that in this amendment, and there is $8 mil- the battle for the 2004 appropriations the subcommittees, working with the lion already available from the supple- bills. staff of both Republicans and Demo- mental passed late last year for the fis- Not to be disrespectful to my friend crats, believe is sufficient to carry this cal year 2003. So the District of Colum- from West Virginia, but I urge the Sen- through until October 1 of this year, bia has already $18 million for that ate to not approve this amendment fulfilling the obligation to fund the fis- function to which the Senator wants to that really does not solve the problem. cal year 2003 functions of Government. add $13 million. The problem is, how do we catch up If we do not do this now, there is not In the civil defense area—this is with the appropriations process? How one agency that is going to get any under the Energy and Water Sub- do we face up to the fact that the last money until at least the end of March. committee—the Senator from West Congress did not pass 11 of the 13 bills? It would be a miracle for any one of Virginia wants an additional $100 mil- I admit I have suggested a rather ab- these bills to pass before the end of lion for security upgrades for the Army rupt and arbitrary procedure, putting March. My suggestion is, let’s take it to con- Corps of Engineers. That is for review- them all together in one package, but I ference now, and if anyone wants to ing facilities such as dams, water did not do it alone. Each of the sub- come in and convince the conference treatment plants, et cetera. We already committees reviewed every single line that something is underfunded, do it. have $65 billion to be spent in less than in these bills. These are the collective recommenda- 8 months. My friend wishes another I put into the RECORD last night the tions of the staff, the chairmen, and $211 million for security upgrades for summary of the reports that would ranking members of these subcommit- the Department of Energy’s nuclear fa- have been prepared had we brought out tees as to how they would live under cilities. In this omnibus amendment 11 separate bills so that everybody can this lid of $750.5 billion, as I agreed to before us, we have $1.2 billion for that see where this money is intended to go. do, staying within the President’s purpose. Even that money will not be Very clearly, it is designed to go to level, get it to him, and let him sign spent in the balance of fiscal 2003. conference with the House. As we go to It doesn’t do us any good to pass bills the conference with the House, I hope the bills. Don’t misunderstand me. The Presi- that contain surplus money that can- we can have a wide-open conference dent is not too happy with this omni- not be spent in this fiscal year. This that deals with the issues, and it may bus package either because there are omnibus bill is for funding the balance be that some of the items that Senator lots of items that are increased and of fiscal year 2003. BYRD wants will be brought to us by others decreased in terms of his re- For the Department of Homeland Se- the House. I do not know, but I know quests. It is not over until the pen curity’s national infrastructure sim- every issue the Senator wants to cover moves, until the President signs the ulation and analysis center in New goes into conference. We have rule 28, bill. Mexico, the Senator from West Vir- and those things will be in conference. I think the only place we can get to ginia wants to add $25 million. The They can be increased if the conference the point where he will sign the bill is President asked for $20 million. We wishes to do so. in conference, and I urge the Senate have increased that to $30 million— I know of no instance where anyone not to approve this amendment and not more money than requested for that has come to this Senator and said the to approve the other amendments. function. We increased it 50 percent al- amount of money that is in this omni- Let’s take this omnibus package to the ready. This agreement is not with the bus bill is not enough to finish their conference and work with our counter- function, it is with the pace of spend- functions for fiscal year 2003. There are parts in the House on a bipartisan basis ing. The money the Senator wants just a lot of them who want more money, and fashion a bill that the President cannot be spent in this period of time. but there is not one of them who said, will sign. I say that respectfully because we have we cannot survive with that amount of I yield the floor. already passed 4 months. At the end of money. The PRESIDING OFFICER. The Sen- this month, it is 4 months of the fiscal We have ample money for every func- ator from West Virginia. year that is gone. It takes about a tion of homeland security that I know Mr. BYRD. I realize my leader is in month to allocate money, get it out to of in this bill, and we should not con- the Chamber and wishes to speak on where people can use it, and it takes fuse the issue. The Senator’s amend- leader time, and we have other Sen- time to contract it and hire new people ment does not address how much ators who wish to speak. How much to spend it. It is not physically pos- money is required for homeland secu- time do I have remaining? sible, administratively possible, to rity but whether we should go beyond The PRESIDING OFFICER. The Sen- spend this additional money. The main the President’s total request for home- ator has 28 minutes remaining. thing is, if it is needed, we have a sup- land security. Mr. BYRD. I thank the Chair. plemental that is coming along. We As I mentioned in several instances, Mr. President, I yield myself 3 min- will be looking at additions to these we have recommended more than the utes. bills. President requested, but we offset it Mr. President, I have listened to my We will have money in the 2004 bill with cuts from other areas. Unfortu- distinguished friend, and he is my which will be available in the last 3 nately, the amendment of the Senator friend, but remember that my friend months of this calendar year, this com- from West Virginia does not offset at from Alaska said in December a year ing October 1. I urge the Senate to look all. It adds to the bill. There are no off- ago: Now, 4 months have already at each issue. sets. So we do not have a budget reso- passed. We have 8 months. Let’s wait Again, I sat with my good friend lution. We ought to have agreed to that until 2003. We have already gone when we had those hearings. There was level right after the election, and had through 4 months. Let’s wait until 2003.

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1009 Now we are hearing the same argu- The PRESIDING OFFICER. The dent’s recently proposed tax package, ment, may I say, from my dear friend: Democratic leader. add to it the cost of interest, and add Let’s wait until 2004. Mr. DASCHLE. Mr. President, I will to that his proposal that we make We cannot wait. use leader time that I have under the those tax cuts permanent, and you The distinguished chairman refers to order of the day. come to about $1.3 trillion. Now they the fact that the President will not Let me begin by congratulating the tell us we can afford that. We can pass like this either. Well, I accord this distinguished Senator from West Vir- this ‘‘leave no millionaires behind’’ President the same respect I accord ginia for his eloquence and for his lead- bill. We can do that. We can somehow any other President. This President is ership on this critical issue. As we con- find the resources to give more tax not infallible, nor is any other Presi- sider all of the priorities we ought to breaks to 226,000 millionaires, but we dent we have ever had. be concerned about in this bill, there is do not have $5 billion to live up to our The problem with what I see in this no priority of greater import than the constitutional obligations. That is bi- administration is they want to have it homeland defense of this Nation. I have zarre. That is, in my view, one of the their way with every comma, semi- immense respect for the chairman of most preposterous positions anyone colon, colon, and hyphen. They do not the Appropriations Committee, and I could come to the Senate floor and want the Congress to come forward admire the way he works and his dedi- take. with anything. They are against any- cation to his work and the leadership Yet that is exactly what I hear our thing we propose. They have been he provides. I can only surmise this Republican colleagues saying. I have a against everything we have proposed would not be his package, either, had handout I was given this morning from thus far. he had the opportunity to do this on the Republican caucus. It says: Home- Let’s take their own argument and his own. He is forced to work with an land security funding, and it lays out turn it on its head. Congress has ap- administration and people in the House the reasons why Senator BYRD’s proved $365 billion for Defense. That is that have different priorities. I under- amendment ought not be supported by Senators on their side. It says the Byrd a lot of money. We have never squeezed stand that. a penny. We have never denied Defense We have differences and disagree- amendment is well-intentioned but anything. We do not deny the Defense ments with regard to priorities, but unaffordable. Unaffordable? Five billion dollars is Department anything they want. When there should not be any disagreement unaffordable? Unaffordable, when we they come up and want more money, under the Constitution as to what the know we have to provide smallpox vac- we give them more money, almost most important priority is. It is to pro- cine? Unaffordable, when we know we without questions asked. tect and defend this country against have to ensure that we synchronize the On top of the $365 billion for Defense enemies, both foreign and domestic. police and fire communication systems that we have provided, this bill adds That is what the Constitution says. and have the emergency planning? $3.9 billion. That is $3.90 for every They leave no doubt, our Founding Fa- Unaffordable, when we see cuts in minute since Jesus Christ was born. thers, about what our priorities ought Coast Guard programs and our efforts Can the Defense Department spend to be as we consider budgets, as we to try to protect our ports and bridges that money? My distinguished chair- consider each year what should be our and infrastructure? Unaffordable, when man asks, can this Government respon- priorities under fiscal management. we cannot find the money to ensure sibly spend this additional money that Over the course of the last couple of that we can even deal with the security Senator BYRD is asking for in this years we have turned to experts to ask, questions we are facing right now in amendment? Well, I ask the same ques- How are we doing with that constitu- protecting our nuclear facilities and tion: Can the Department of Defense tional responsibility in light of 9/11? our water and other unique needs to spend the money? Can it spend $3.9 bil- The Conference of Mayors, under the every community in the nation? lion more? Yes. leadership of President Tom Morino, Unaffordable? That is preposterous. We are adding $5 billion for homeland said about a year ago: It has been 16 This debate is bizarre. For the life of defense on homeland security—the se- months since 9/11, and the Congress has me, I cannot understand how anyone curity of your people, Mr. President, still failed to deliver public safety can say in light of their advocacy of a my people, my children, our installa- money for first responders. They vote $1.3 trillion tax cut that defending this tions, our institutions, our borders, our for tax cuts for special interests but country, as the Constitution requires, country. Can we spend that money, $5 deny cities and States money for crit- is unaffordable. billion for homeland defense and home- ical programs. Washington, he said, is I hope our colleagues think very long land security? Yes, they can spend it, out of step with the rest of the coun- and hard about how unaffordable this and spend it well. try. is. God forbid anything happens in the Let something happen, and then we We asked two of the most respected coming months. God forbid we once will see what the polls show. If some- experts in the Senate, former col- again experience what we did on 9/11. I thing happens, let the American people leagues, to give their evaluation of how would think we would do exactly what then take a look backward and see how it is we are doing as we attempt to pro- Senator BYRD is proposing, and even this Congress sought to add monies for tect this country against enemies both more. I think $5 billion is just the be- border security, for airport security, foreign and domestic. Their response: ginning for what we are going to be re- for homeland security, for port secu- America remains dangerously unpre- quired to do to make this country safer rity. Those are monies the administra- pared to prevent and respond to a cata- and stronger and to live up to those tion threatened to veto. It turned its strophic terrorist attack on U.S. soil. constitutional obligations. back on them. It turned its back on the We hear from the experts. We hear If we do not start now, in this fiscal $2.5 billion last year. The President re- from those people who are charged year, when do we start? Tell the may- fused to sign a bill that provided $2.5 with the responsibility of ensuring that ors they cannot spend the money. Tell billion for emergency planning. He first responders have the ability to do our firefighters and our police officers, turned the back of his hand. He turned what our constitutional obligations re- they cannot spend the money. Tell all his back on his own country when he quire. Today what Senator BYRD is pro- of those who are concerned about re- turned down that opportunity to give posing is we put our money where our sponding to whatever eventuality there $2.5 billion for homeland security, to mouth is, that we make the commit- may be, they can’t spend the money. I put it in the hands at the local level, ment required to live up to those con- have not found one yet who has given the law enforcement people, the health stitutional obligations. me that answer. When I ask them, Do personnel, the people at the local level. I find the current circumstances in you need more resources, they say yes, He flatly rejected it. Let something the Senate absolutely bizarre because, I needed them yesterday. Yes, if we are happen, and then see what the polls on one hand, we are told by our col- going to defend our water system, and show. Then see where the questions are leagues on the other side of the aisle if we are going to defend all of our fa- asked. Then hear what the answers will that we can afford a tax cut of the cilities and our infrastructure in this be. I say a stitch in time saves nine. magnitude almost equal to what we country; I needed that money a year I reserve the remainder of my time. passed 2 years ago. Take the Presi- ago. Yes, I need the money.

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1010 CONGRESSIONAL RECORD — SENATE January 16, 2003 But for Heavens’ sake, if anyone can the Union Messages. We have to match cut of the magnitude they are consid- say with a straight face that we ought our commitment in resources to the ering today. to spend $1.3 trillion more on tax cuts, rhetoric we hear from our leaders. I yield the floor. they ought to be able to say yes, we Mr. BYRD. Right. The PRESIDING OFFICER. Who have $5 billion to protect our home- Mr. DASCHLE. That is what you are yields time? land, as well. doing. Mr. BYRD. Mr. President, I yield my- I yield the floor. Mr. BYRD. Right. self 3 minutes, and then I want to yield Mr. BYRD. Will the Senator yield? Mr. DASCHLE. I yield the floor. to the distinguished Senator from Does the Senator still have time? Mr. REID. Will the Senator yield for Washington. Mr. DASCHLE. I am sure I do. a question? I thank the distinguished Democratic Mr. BYRD. Mr. President, I say to Mr. DASCHLE. I would be happy to leader for his contribution today. I the leader, how long ago was it we yield. thank both the leader and the assistant heard the President of the United Mr. REID. Mr. President, I have leader for what they have contributed States saying, no price is too great a heard various accounts of how much to this debate. price to pay for freedom? Right? When the war in Iraq will cost. The accounts Mr. President, we talk about sending they talk about war in Afghanistan, range from $60 billion to $250 billion, a our troops, men and women, fathers, they talk about war in Iraq, no price is quarter of a trillion dollars. That is the brothers, husbands, wives, overseas to too great a price to pay. wide range of the cost of a war in Iraq. fight a war in Iraq. We talk as though Where are those voices now from the A resolution passed here saying the it is just a video game. Nobody raised administration? Where are the voices President could go to Iraq when he be- a question. We don’t hear a whimper— that say no amount of money is too lieved it appropriate. not a whimper. much to pay? What about this? What It seems to me that if we can spend We see the pictures on television amount of money is too much to pay up to a quarter of a trillion dollars to every day. These people are going for homeland security? Who knows but go into the Middle East, we can spend away. We see them kissing. We see when the first shot ricochets in the war a paltry $5 billion to make sure that them waving goodbye. We see them against Iraq—which Congress is not de- my people in Nevada have some sem- shedding tears. We know that those claring—when that first shot is fired, is blance of protection. tears are shed at night on those pil- it possible we may hear some shots Would the leader agree that if we can lows. There seems to be no thought to fired in our own country; that we may spend hundreds of billions of dollars the sacrifices that may be in the offing see the terrorists come out of hiding; going to Iraq, we can afford, we should for this country. They talk as though we may see them come from the veil; spend, $5 billion to take care of the it is a video game, just a matter of we may see them come forward? What people in South Dakota, West Virginia, pushing a few buttons and we will win. will happen then? What will happen Montana, Nevada, Alaska, Kentucky— Well, now, we may be lucky. If we go then to this Capitol? the States of the Senators I see on the to war, we may be lucky. I hope we will What saved this Capitol from being floor here now? be lucky. But what if we are not lucky? demolished on September 11? A few Mr. DASCHLE. I think the Senator Where will those who are silent now brave men and women on that plane from Nevada makes a very important be? Why don’t they raise their voice that went down in Pennsylvania saved point. I have about 1,000 people from now? Why don’t we ask questions? this Capitol. Who is to say that these South Dakota who are now in the Per- I am not one to be driven in a hole. terrorists—we don’t have them among sian Gulf, who are awaiting further or- We hear a lot about driving them in us now? Who can say there are not ter- ders from the President of the United the holes and we will go in and get rorists out here now, waiting, just States and from the Pentagon with re- them. Our men—our men—will go in waiting, waiting for the moment? gard to what may occur in the Middle and get them. We talk about driving And here the people downtown, when East and in Iraq in the next couple of the enemy into holes in Afghanistan it comes to homeland security, when it weeks. and in Iraq—we will drive them into comes to the protection of our home- Of course, I want to provide whatever holes. land, when it comes to the protection resources are necessary to see that I yield myself as much time as I may of our families, when it comes to the they are protected and that they have consume. protection of our churches, our schools, the ability to do their job. But I ask, if We will drive them in the holes; we our stores, our jobs—aha, $5 billion is we are willing to make that commit- will go get them. Who is ‘‘we’’? It is too much to pay, too much to pay; we ment to those fighting the war in the not I. I don’t think I will be going in don’t need it. gulf, why aren’t we willing to make the those holes, driving anybody out. It is If you don’t need it, don’t spend it, same commitment to those fighting going to be those poor men and women and let’s have some hearings as to why the war here at home? Why aren’t we who are giving up their salaries as law- it isn’t spent. willing to provide the resources to the yers, as doctors, as teachers, as secu- No price is too much to pay. No price police and the first responders and to rity people, as law enforcement people, is too much to pay for the security of all of those who are fighting just as as firemen—they are the people who this great land of ours. critical an effort to defeat terrorism are going in those holes in Afghani- I thank the distinguished leader. here at home? stan. They are the people who are Mr. DASCHLE. I would just say to Why do we say we have the money going to go into those holes and bring- the distinguished Senator from West for the people in the gulf but we don’t ing out the enemy. Virginia that he is absolutely right. have the money for the people here at We talk as though it is a video game. This city has heard a lot of great home? Are they less vulnerable? Is I hope and I pray to God that if we do speeches since 9/11, but I keep thinking their role less important? Do they have go to war with Iraq, we will be lucky. of Teddy Roosevelt who said: ‘‘Speak some degree of disadvantage because I hope Saddam will catch the first softly but carry a big stick.’’ they are here at home? I think the Sen- plane out to Libya or to some other What I find this administration doing ator from Nevada makes a very critical country. I hope he will. But what if he is speaking loudly and carrying a small point in the argument here. If we have doesn’t? We have to contemplate that. stick. It is a small stick when you con- the resources and if we have the com- So I think it is our responsibility sider what they are doing with home- mitment to fight terrorism, regardless here in the Congress to do two things land defense. What you want to do is of whether it is abroad or here at at least: Raise questions, and provide give them a bigger stick. What you home, we ought to have the resources the money for the security of this want to do is send as clear a message commensurate with that commitment. homeland. We don’t know what will as we can that we are willing to com- What the President is saying is we happen to this homeland once we open mit the resources of this country to don’t have that kind of commitment fire in the hot sands of the deserts in carry out the rhetoric that we have here at home. That is inexcusable. And the Middle East. We don’t know what heard so often on the floor of the Sen- it is especially inexcusable when he may break out in this country. Are our ate and in every one of these State of says we have the resources for a tax water resources fully protected? Are

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1011 our energy resources fully protected? curity requests of the Bush administra- munity policing programs. There are Are our nuclear facilities fully pro- tion. It is a simple mathematical fact. important funds in this package to pro- tected? Are our borders secure? Are our This amendment that has been offered tect and secure important Army Corps ports secure? Are our airports secure? by Senator BYRD provides $460 million of Engineers infrastructure. We need to Are our people secure? No. And here we for the TSA needs to fully fund what protect our dams and water projects strain at a gnat and swallow a camel President Bush has requested for the from potential attacks or tampering. when it comes to fighting and pro- Transportation Security Administra- There is also significant funding to tecting ourselves on the homeland. tion. Without the amendment offered improve our transportation infrastruc- How many here, right here in this by Senator BYRD—if we enact this ture. There is $300 million for improv- Chamber today, will feel secure in this without that—the TSA will have to cut ing security at airports and hardening very Chamber in the future? I say we $460 million to make way for the con- cockpit doors. These two issues are had better stop, look, and listen while gressional mandates that all of us have critical to improving safety in the air. there is time to stop, look, and listen. worked on, supported, passed, and told We know these changes have to hap- I will have plenty more to say on that our constituents are coming. The only pen, and should have happened a long subject. way to fully fund what President Bush time ago. We can’t afford to waste any But on the subject of homeland secu- has requested for screening passengers more time. Two years have passed and rity, let it not be said that we are not at our airports and purchasing the ex- we cannot say that our aviation net- doing our very best to give this admin- plosive-detecting machines is by pro- work is safe from a terrorist attack. istration all the tools it needs, all that viding the funding for the Byrd amend- This money meets real, documented, it can possibly usefully use, all that it ment. legitimate demands. These needs have can possibly efficiently use, to protect I thank the Senator from West Vir- been testified to in hearings, they were this homeland of ours. And who will ginia for yielding me a minute to clar- exposed in the Hart-Rudman report, say that this land is fully protected? ify this critical point—that we need to and the agencies themselves have Who feels secure in this homeland of have this amendment to fully fund asked for these funds but have been de- ours today? Ask your wives. Ask your President Bush’s request, particularly nied by the Office of Management and mothers if they feel secure. And here in the area of transportation security. Budget. I understand that some on the we are, quibbling over $5 billion. I thank the President. I yield the other side of this issue are concerned Nobody is going to put you in jail if floor. that the money will not be spent cor- you don’t spend it. But if you need to The PRESIDING OFFICER (Mr. GRA- rectly, that we are forcing these agen- spend it and don’t—don’t have it, and if HAM of South Carolina). The Senator cies to grow too quickly. I believe we you haven’t spent it already, why from West Virginia is recognized. have a duty to give the agencies an op- haven’t you? Surely we are not perfect. Mr. BYRD. Mr. President, I thank portunity to do their job. We have a Surely we are not absolutely secure. the distinguished Senator from Wash- duty to give the agencies all the tools Mr. President, how much time does ington for clarifying a very critical they need to protect the American peo- the Senator wish? point. I thank her, and I apologize to ple. I would rather be accused of trying How much time does the Senator her for keeping her waiting. She has to do too much, than not enough. from Washington want? been on the floor waiting to make this Ms. MIKULSKI. Mr. President, there Mrs. MURRAY. I simply ask for 1 correction. I am glad she made the cor- is nothing more important than Amer- minute, or 2, I say to the distinguished rection. I hope that Senators will care- ica’s homeland security. I support Sen- Senator. fully study what she has said. She has ator BYRD’s amendment because it pro- Mr. BYRD. I yield 2 minutes to the pointed to a yawning flaw in the argu- vides essential funds for hometown se- Senator from Washington. ment of the other side. I thank her for curity. Mr. REID. Will the Chair indicate at her contributions to her country. It will improve our ability to prevent what time the vote will occur as a re- Mr. KOHL. Mr. President, once again terrorism, through stronger port secu- sult of Senator DASCHLE having spo- Senator BYRD has taken up the fight to rity, border security, and transpor- ken? fund adequately our homeland security tation security. And it will improve The PRESIDING OFFICER. It is esti- needs. I supported his efforts last year, our ability to respond to acts of ter- mated right now by the Parliamen- I voted with him today, and I will con- rorism by giving first-responders the tarian that 12:44 will be the time for tinue to back his efforts to sufficiently tools they need. the vote. fund out security needs in the future. Local communities are on the front Mr. REID. I thank the Chair. Last year the Senate included supple- lines in our war against terrorism. The PRESIDING OFFICER. The Sen- mental funding for homeland security They must not bear the full cost of this ator from Washington. needs but the President refused to war. This means Congress must do its Mrs. MURRAY. Mr. President, I came spend those funds. The Senate Appro- share by providing funds for: local law to the floor last night to give extensive priations Committee wanted to spend enforcement, first responders and pub- remarks about the tremendous impor- an additional $8.3 billion, but the ad- lic health professionals; extra security tance of the amendment that has been ministration only agreed to spend $4.2 for critical infrastructure like public offered by Senator BYRD in the area of billion. The President effectively ve- water supplies; and improved commu- transportation for port security, air- toed $2.5 billion in emergency funding nications systems. port security, and transit security. I for homeland security last August. We This amendment accomplishes six have been listening to the debate this hear reports that our country is no important things. First, it improves morning. more secure today than we were on port security, airplane cockpit secu- I wanted to come to the floor to re- September 10, 2001, but the administra- rity, and airport security by giving the fute a critical misstatement that has tion refuses to spend the funds re- Transportation Security Administra- been made about the amendment that quired. This administration seems to tion $1.64 billion. It permits INS to bet- has been offered by Senator BYRD. It believe that wisdom can only come ter monitor who is coming into our was argued by my friends on the other from one end of Pennsylvania Avenue. country by giving them $363 million to side of the aisle that the funds in this The $5 billion in this package goes develop an entry/exit system. It en- bill are all over and above the funding for hiring and salaries for FBI and Cus- ables community law enforcement requested by President Bush. I need to toms Agents. It purchases more patrol agencies to upgrade communications tell my colleagues that in the area of boats for the Coast Guard and improves equipment by providing $100 million transportation that is just simply not port security. This money will help through the COPS program. It ensures true. In the underlying bill, the fund- transform the Immigration and Natu- that the Children’s National Medical ing level for the Transportation Secu- ralization Service and improve secu- Center here in DC can expand their rity Administration is some $460 mil- rity at our embassies around the world. quarantine and decontamination facili- lion short of what is needed to fully Almost $150 million will go out to our ties for children and families by giving fund all of the congressionally directed first responders through the COPS pro- the Center $8 million. Senator BYRD’s initiatives, as well as fully fund the se- gram, one of the more effective com- amendment allows states to enhance

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1012 CONGRESSIONAL RECORD — SENATE January 16, 2003 their chemical response capabilities by and to improve the administration of It is troubling that, at this crucial giving them $9.5 million. Finally, the justice throughout the country. moment, the Bush Administration is amendment assures that 10 million This Federal support is desperately proposing to reduce by nearly 80 per- doctors, nurses, and first-responders needed by our States, counties, cities cent the Community Oriented Policing will receive the smallpox vaccination and towns, which are now facing fiscal Services, COPS, program that has this year by giving $850 million to state crisis. helped to put 115,000 new police officers and local health departments. Since September 11, 2001, States, on the beat since 1994 and Byrne grants Without this additional funding, counties, cities and towns have become to State and local law enforcement. I States will be forced to cut back on overwhelmed by increasing homeland believe that we must fight to maintain other critical public services, such as security costs. The National Gov- and extend the COPS program and putting more police officers on the ernors’ Association estimated that Byrne grants, which has proven its streets to fight ‘‘everyday’’ crime, or States incurred about $7 billion in se- value in increasing the security of our tracking West Nile virus cases. I have curity costs in the past year alone. The cities, towns, and neighborhoods. received dozens of letters pleading for National Association of Counties be- I am a strong supporter of Senator promised Federal assistance for first- lieves at least $5.2 billion is needed to BIDEN and Senator SPECTER’s bipar- responders. For example, Laurel, MD better equip public health systems to tisan bill to reauthorize the COPS pro- continues its efforts to organize and cope with attacks and fight terrorism. gram, which the Senate Judiciary prepare their regional emergency serv- The President’s ill-conceived tax cut Committee approved unanimously last ices to respond not only to terrorism in 2001, along with the new cuts he pro- year only to have an anonymous Re- but to all local emergencies. Since Sep- poses now, are likely to exacerbate publican hold put on it to prevent final tember 11, Laurel has had to use their these economic woes. passage. I hope we can finally reau- limited resources to respond to several The Byrd amendment would provide thorize the COPS program this year critical events, a tornado on September the Federal support that our States since it has proven to be such a crime- 24, 2001, and the sniper shootings that need by restoring $1 billion in home- fighting success. required them to be on extended land security cuts, restoring $2.5 bil- As we provide the necessary tools for heightened alert. Despite this, Laurel lion of emergency homeland security federal law enforcement officials to continues to prepare its emergency funds, and funding the Airport Secu- protect our homeland security, we service providers to respond to the var- rity Act, all critical needs. must remember that State and local ious alerts and incidents that continue The Byrd amendment would also pro- law enforcement officers, firefighters to occur. Baltimore, MD also has the vide needed funding to protect our bor- and emergency personnel are our full additional task of securing large public ders. Through the USA Patriot Act and partners in preventing, investigating arenas such as Camden Yards and the Enhanced Border Security and Visa and responding to criminal and ter- Ravens Stadium against terrorist at- Reform Act, a Democratic Senate led rorist acts. tacks. the fight to dramatically increase au- As a former State prosecutor, I know This is why it is so important that thorizations for personnel and tech- that public safety officers are often the we pass this amendment. Cities are on nology to guard our northern border. first responders to a crime. On Sep- the front lines in preparing for, and re- Unfortunately, the appropriations tember 11, the Nation saw that the first sponding to, acts of terror. Who are the package before us would shortchange on the scene were the heroic fire- people on the front lines? They’re po- that pressing need. fighters, police officers and emergency lice, firefighters, EMS and public Senator BYRD’s amendment includes personnel in New York City. These health responders. Firefighters in an additional and much-needed $83 mil- real-life heroes, many of whom gave Maryland alone need $40 million for lion to enforce our immigration laws the ultimate sacrifice, remind us of equipment, training and personnel pro- and safeguard our borders, including how important it is to support our tective gear. Our law enforcement offi- funding to provide pay upgrades for State and local public safety partners. cers play a critical role in detection Border Patrol agents and Immigration In addition, the ‘‘Comprehensive and prevention, and must also have inspectors. We are asking more and Homeland Security Act of 2003’’, S. 6, equipment, training, and better infor- more of our border personnel, and we and the ‘‘Justice Enhancement and Do- mation from federal agencies to do must reward them for their hard work mestic Security Act,’’ S. 22, which Sen- their jobs. By investing this money or risk losing them altogether. ator DASCHLE introduced on behalf of today, we get double value, more In addition, the Byrd amendment ex- the Democratic Caucus and which I am money to prepare for terrorism means pands the COPS program by providing proud to cosponsor, establish the First more money to fight crime and fires. $150 million for grants to law enforce- Responders Partnership Grant pro- My own State of Maryland has made ment and first responder agencies for gram, which will provide $4 billion in great strides in preparing our Nation improved communications systems. I annual grants for each of the next 3 against a terrorist attack, but commu- know that Senator GREGG and Senator years to support our State and local nities need this additional funding to HOLLINGS, the new chairman and rank- law enforcement officers in the war make sure they are combat ready and ing member of the Commerce, Justice, against terrorism. fit-for-duty. Let’s protect the protec- State Appropriations Subcommittee, First Responder Grants will be made tors and keep our promises to the war- understand that communication is key directly to State and local govern- riors on the front lines of this new war to coordinated and effective law en- ments and Indian tribes for equipment, against terrorism. forcement efforts. I thank them for training and facilities to support public That is why I support homeland, and their past bipartisan support in my safety officers in their efforts to pro- hometown, security, and I encourage home state for upgraded communica- tect homeland security and prevent my colleagues to vote for this amend- tions systems for better law enforce- and respond to acts of terrorism. ment. ment. Grants may be used to pay up to 90 per- Mr. LEAHY. Mr. President, I am This year marked an unfortunate cent of the cost of the equipment, pleased today to strongly support the turn after a decade of remarkable de- training or facility, and each State will amendment by the Senior Senator clines in the Nation’s crime rate. The be guaranteed a fair minimum amount. from West Virginia to restore funds ap- decade of progress we made under the This is essential Federal support that proved by the Senate Appropriations leadership of President Clinton and At- our State and local public safety offi- Committee last year to enhance our torney General Reno helped revitalize cers need and deserve. homeland security. our cities and restore a sense of secu- Our State and local public safety law The Byrd amendment would be giv- rity for millions of Americans. Accord- enforcement partners welcome the ing law enforcement the tools they ing to the latest FBI report, however, challenge to join in our national mis- need to do their job, focusing on both the number of murders, rapes, rob- sion to protect our homeland security. immediate and long-term threats we beries, assaults, and property crimes is But we cannot ask State and local law face at home and abroad. It aims to up across the United States, the first enforcement officers, firefighters and bolster our security against terrorists, year-to-year increase since 1991. emergency personnel to assume these

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1013 new national responsibilities without cer because scarce funds are being si- ment proposed by Senator BYRD, which also providing new Federal support. phoned away. Certainly, we must en- would restore a portion of the dev- The Byrd Amendment is an essential hance our homeland’s security, but we astating cuts to this year’s Senate- down payment and with the First Re- must not purchase security at unac- passed appropriations measures that sponders Partnership Grant Program, ceptable price of missed immunizations are contained in the pending Repub- which I hope the Senate will turn to or reduced care for those most vulner- lican omnibus appropriations package. and enact without delay, we can pro- able. In my own State of Maryland and vide the necessary federal support for The cost of implementing the small- across the Nation, State, local, and re- our State and public safety officers to pox plan should not be reducing efforts gional authorities are struggling to serve as full partners in our fight to to enhance our preparedness for other make even the most basic of homeland protect homeland security and respond forms of biological attack. Public security improvements. In many cases, to acts of terrorism. health organizations report that many these communities have taken exhaus- Mr. KENNEDY. Mr. President, I com- communities are thinking of following tive measures to identify their areas of mend my colleague from West Virginia the example of Seattle and Arlington, greatest vulnerability, and have made for his leadership in providing the re- VA, where almost all other bioter- commendable advances in enhancing sources needed to enhance our national rorism preparedness activities have their own preparedness and response security. been suspended in order to free up capabilities. One of the most important aspects of funds for smallpox vaccinations. The Last year, this body made a series of the Byrd amendment is the additional Massachusetts State Laboratory Insti- nearly unanimous legislative commit- resources it will provide to protect tute has had to divert $110,000 from pre- ments to assist these local security ef- America from the threat of bioter- paredness planning, $165,000 from epide- forts in several important areas. More- rorism. The anthrax attack of a year miology, $125,000 from expanding dis- over, while the House of Representa- ago has made all Americans aware of ease tracking networks, and $261,000 tives passed only a portion of its spend- the grave threat posed by biological from health education and informa- ing measures, the Senate completed ac- weapons. We know, for example, that tion, all to fund the new smallpox plan. tion on all 13 of its own appropriations terrorists bent on savage destruction These diversions of funding may be bills. After months of hard work on be- may well have access to the smallpox just the tip of the iceberg. Although half of both my Democratic and Repub- virus, one of the deadliest plagues ever the direct costs of the smallpox plan lican colleagues on the Appropriations to threaten humanity. are large, the indirect costs may be Committee, difficult decisions were Faced with this obvious danger, it is even larger. Even with the best safety made, and spending levels were agreed essential for Congress to provide ade- measures, some individuals will be in- to. Contained in these bipartisan com- quate funds to our hospitals, medical jured by the vaccine. Military per- mitments was critical Federal support professionals, and communities. They sonnel receiving smallpox shots can in several key homeland security need to act now to prepare for this rest assured that anyone injured by the areas. threat. vaccine will get the best of medical The Republican omnibus appropria- In a few days, thousands of health care. We should do no less for the civil- tions proposal slashes an astonishing and emergency workers will be asked ian heroes who put their lives on the $9.8 billion in Federal support—funding to roll up their sleeves and be vac- line to safeguard our security. It would that was overwhelmingly agreed to in cinated against smallpox. There is a be shameful for the Federal Govern- the Senate during the 107th Congress. cleave need to inoculate health care ment to encourage any American to re- A disturbingly large portion of these workers, so that they can quickly vac- ceive the vaccine, and then deny proper cuts—approximately $1 billion—were cinate millions of Americans in the care for the consequences. made in the area of homeland security. event of an outbreak, as a CDC advi- Yet this is just what the current plan Senator BYRD’S amendment would re- sory committee has recommended to would allow. Instead of assuring med- store this important funding. the White House. ical care to vaccine recipients, the plan Maintaining these funding levels be- We need to protect the safety of relies on the uncertain coverage of the comes even more critical in light of the those who receive the vaccine. We need private insurance market or workers’ regrettable decision made by President to provide financial assistance to the compensation programs to provide Bush this past summer to short-change communities that will bear the expense care. If a health care worker who vol- many of our vital security needs by not of giving the vaccine to thousands of unteers for vaccination has no cov- spending $2.5 billion in emergency sup- workers. We need to provide compensa- erage or has inadequate coverage, they plemental funding passed by the Con- tion to those who are injured by the are out of luck, and that is wrong. gress. Senator BYRD’S amendment vaccine and guarantee their medical Nor does the plan provide an assured would also restore much of this impor- care. system of compensation for those who tant support. Smallpox vaccination must be cou- are injured by the vaccine or for health Since the terrorist attacks of Sep- pled with effective education and safe- workers who must take days away tember 11, 2001, we have become in- ty programs to minimize the risks to from work to protect their patients creasingly aware of the woefully inad- those receiving the vaccine and to from the risk of accidental trans- equate safeguards to our Nation’s 361 their communities. The health of those mission of the live virus in the vaccine. seaports. Last November we took a sig- receiving the vaccine must be closely Instead, the plan forces claimants to nificant first step in improving this as- monitored. Recipients of the vaccine sue the U.S. Government in Federal pect of our homeland security by pass- must be educated about its risks and courts, where they face the arduous ing the Maritime Transportation Secu- potential benefits. All of these essen- task of proving that their injuries were rity Act. I joined 94 of my Senate col- tial elements cost money. due to negligence. leagues in supporting the passage of The Nation’s health departments and The Byrd amendment takes the steps this measure, and the bill was signed hospitals should not have to implement that are necessary to deal with these into law by President Bush soon there- the smallpox plan by taking from other problems. The distinguished Senator after. vital health priorities or risking their from West Virginia provides almost $1 A critical section of this legislation financial viability. billion to help communities around the reaffirms the importance of providing Just this month we’ve seen new fig- Nation implement the administration’s funding to the Nation’s seaports for se- ures that the current death toll from smallpox plan. I urge my colleagues to curity upgrades. The omnibus appro- the flu has surpassed that from HIV/ approve the Byrd amendment and de- priations package introduced yesterday AIDS. Senior citizens around the Na- vote adequate resources to protecting by my Republican colleagues would cut tion may have to go without flu vac- not only safety of the Nation, but the this program significantly. Senator cinations if local health departments health and safety of those who defend BYRD’S amendment would restore these are spending their immunization budg- it. dangerous cuts, providing $585 million ets on smallpox. Women may not re- Mr. SARBANES. Mr. President, I rise for port security grants to implement ceive needed screenings for breast can- today in strong support of the amend- the Maritime Transportation Security

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1014 CONGRESSIONAL RECORD — SENATE January 16, 2003 Act—which, I again remind my col- cannot abdicate its responsibility. Yet municate with each other. This amend- leagues, we overwhelmingly approved a last year, after Congress passed $5 bil- ment provides $150 million to first re- mere 2 months ago. lion in funding to improve homeland sponders in our local communities in In my own state of Maryland, the security at the national, State, and order to improve communications. Port of Baltimore is an important and local levels, President Bush refused to That way, if there is another attack, vulnerable point of entry for the coun- spend that money. It is still needed. and we all hope there will not be, we try. Indeed, handling over 30 million Let me mention just a few things the can rescue and save as many people as tons of cargo each year, it is one of the Byrd amendment does. possible. busiest seaports on the East Coast. It increases funds for port security The Byrd amendment also increases Clearly, the volume and traffic associ- by $585 million. Last year, I was a funding for border security, for food ated with this distinction present con- member of the Port Security Con- safety, and for the FBI. siderable security challenges for the ference Committee. We ended up with a The Byrd amendment is vital for our port. While the port has made impor- good bill to improve security at our nation’s security for our homeland se- tant progress in this area, the grants Nation’s ports. But, there was no way curity, for the security of our cities provided are vital for making some of to pay for it, despite my efforts and the and towns. I urge all Senators to vote the most basic of security upgrades. efforts of Chairman Hollings. To get for it to ensure that we can prevent Unfortunatley, the cuts made in the the money to our ports, we need to rely more terrorist attacks. Republican spending package are not on the appropriations bill, so the addi- Mr. LIEBERMAN. Mr. President, I confined to our Nation’s seaports. As tional funding in the Byrd amendment am deeply troubled that the Bush ad- the outgoing chairman of the Congres- is crucial. ministration has not done more since sional Fire Services Caucus, I have For over a year now, I have been call- September 11, 2001, to close major gaps heard many of the concerns of first re- ing for the Federal Government to pro- that remain in our domestic security. sponders in Maryland and around the tect first responders—police, fire- Senators Gary Hart and Warren Rud- country. fighters, emergency personnel, nurses, man, who presciently predicted a major First responders were devastated last and doctors—by immunizing them terrorist attack within our borders be- summer when they learned last that against smallpox. If terrorists were fore it actually happened, produced a the President would be withholding able to unleash smallpox in the United new report last September in which $100 million in grant funding. Another States, these people would risk their they observed that ‘‘America remains $155 million was withheld from State lives to save us and protect us. We need dangerously unprepared to prevent and and local law enforcement. Now we to protect them now. The Byrd amend- respond to a catastrophic terrorist at- learn that the administration and my ment provides $850 million to immu- tack on U.S. soil. In all likelihood, the Republican colleagues are proposing nize first responders against the small- next attack will result in even greater further cuts to the Senate-approved pox virus. casualties and widespread disruption to funding for first responders. This time, The amendment would also increase American lives and the economy.’’ first responders would lose an addi- funding for the Coast Guard for patrol This is a sobering prediction. And it tional $132 million. This amendment boats by $40 million. The Coast Guard has convinced me to make it a personal would merely provide some of the basic has many important missions includ- priority and mission to ensure that the promises the Congress has already ing homeland security, drug security, Department of Homeland Security has made to those Americans who we call and environmental work. After Sep- the resources it needs and deserves. on to provide our most vital emergency tember 11, Coast Guard resources need- The fact is homeland security costs preparedness and response needs. ed to be shifted. We now need to pro- money, to train people in the skills Mr. President, I urge my colleagues vide the Coast Guard with the nec- they need, to buy the right equipment, to support Senator BYRD’S amendment. essary patrol boats to protect our and to pay the men and women in If the Congress and the administration coastline and ports as well as under- every community across America, on are to enact legislation signaling our take its other missions. police forces, in fire departments, and commitment to securing the homeland, The amendment includes $200 million emergency medical services, who are we must provide the resources to pro- for airports for the installation of the our front line troops in the war against vide even the most basic levels of pro- baggage screening machines. Screening terrorism here at home. tection. We must demonstrate steely of all baggage was required as part of The U.S. Conference of Mayors re- resolve in our efforts to protect our the Aviation and Transportation Secu- ported last year that cities will have citizens and critical infrastructure, and rity Act, which became law in Novem- already spent more than $2.6 billion on this will not be achieved if the re- ber 2001. Estimates for the cost of in- additional security costs between Sep- sources committed to the task are in- stalling these machines are, at a min- tember 11, 2001, and the end of 2002, adequate. imum, $2 billion. Los Angeles Inter- with precious little help from the Fed- Mrs. BOXER. Mr. President, I strong- national Airport estimates that it will eral Government. ly support Senator BYRD’s amendment spend $135 million, San Francisco $65 Seventeen months after the Sep- to increase funding for homeland secu- million, and Oakland $16 million. So I tember 11 attack, thousands of commu- rity. support the $200 million that Senator nities across the country have been un- A little over a year ago, we experi- BYRD proposes. This is only a downpay- able to press ahead to meet this awe- enced the worst terrorist attack in ment. some security challenge. Our fire- U.S. history. As a result, we began to Congress has also required that cock- fighters are left holding the ladder. Our examine where our country had secu- pit doors be reinforced. But the air- police departments are put in fiscal rity weaknesses and work to prevent lines, for a variety of reasons, are in a handcuffs. Washington is demanding another attack. Unfortunately, the ap- difficult financial situation. Senator expensive new programs without offer- propriations bill brought forward by BYRD’s amendment would provide $100 ing States the financial support to im- the Republicans does not fund home- million to strengthen the cockpit plement them. And the States, accord- land security to the level that is need- doors. Let’s not let another terrorist ing to the National Governor’s Associa- ed, which is I why I support Senator gain control of an airplane. tion, are already experiencing their BYRD’s amendment. Every day millions of people across worst budget crises since World War II. Since the September 11 attacks, the the Nation take public transit to work. Governors will have a harder time de- State of California and its cities and We need to ensure that these people are veloping and implementing emergency counties have spent almost $600 million protected from a terrorist attack. Sen- preparedness plans. And local commu- on homeland security, on emergency ator BYRD’s amendment does just that nities may not even be able to pay for operations and response, on protecting by providing $300,000 in grants to public critical security projects and programs powerplants and water supplies, on fire transit agencies. that are already underway. Federal and emergency medical services. One of the problems in the aftermath agencies, too, are being underfunded, Our States and cities and counties of the September 11 attack was that with the Customs Service, the Coast need our help. The Federal Government first responders often could not com- Guard, and others coming up hundreds

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1015 of millions of dollars short of what cluding funding new initiatives to iden- curity requirements for our ports. Fi- they need to protect us. tify suspicious container traffic and to nally the Byrd amendment provides re- Indeed, it may surprise some people, keep track of who enters and exits our sources to secure nuclear weapons and though not the first responders, to borders. materials and conduct vulnerability know that all the money appropriated I truly hope the Bush administration assessments for energy supply and dis- by Congress in the days immediately hasn’t settled on a strategy to talk tribution systems. following the terrorist attacks in 2001 tough on homeland security, while The funding that the Byrd amend- has not reached its destination, and withholding the money necessary to ment provides for the Transportation the administration has exercised no make that security possible. So far, Security Administration is critical to leadership that I can see to speed up their approach has been all talk and our national security. Given the the process. For example, according to little action, but we can’t defend the vulnerabilities that we know exist in a December 2 report from the Office of country on words alone. our port and airport security, I cannot Management and Budget, FEMA had It is time to make our commitment imagine that this body would opt to obligated only $33 million out of some to our domestic defenses ever bit as provide insufficient funding to address $214 million in budget authority for strong and bipartisan as our commit- these problems. The need to fully fund States for emergency management ment to our Armed Forces. If we won’t the TSA cannot be overstated; install- planning and assistance. That is truly do that now, with September 11 still ing baggage screening equipment in the shameful. fresh in our minds and hearts and our top forty U.S. airports alone is ex- A year ago, in his fiscal year 2003 communities still struggling to protect pected to cost billions, and to date only budget, President Bush proposed spend- themselves, when will we? one major airport has installed the ing $3.5 billion on first responders for (At the request of Mr. DASCHLE, the necessary equipment mandated by the training, equipment, and planning to following statement was ordered to be Aviation Security Act. Mr. President, respond, if necessary, to a major ter- printed in the RECORD.) we cannot hope to maintain the con- rorist attack. Of course, none of that ∑ Mr. KERRY. Mr. President, I support fidence of the American people in our money has been appropriated, and now, Senator BYRD’s amendment to add $5 ability to secure the nation’s transpor- as we try to resolve outstanding fiscal billion in homeland security funding to tation system if we fail to adequately year 2003 appropriations, I am dis- the omnibus appropriations bill for fis- fund the legislation we’ve passed to tressed to learn that our Republican cal year 2003. I cannot be here for the achieve that goal. These investments colleagues are seeking to cut $1 billion vote, but if I were, I would vote in are essential if we are to be fully pro- from the homeland security funding favor of the amendment. The Byrd tected from those who threaten our levels Senate appropriators agreed to amendment provides funding for sev- freedom. last year. eral critical initiatives aimed at Our task is to make America more Homeland security cannot be had on strengthening our efforts to protect secure. We cannot allow the Repub- the cheap. Therefore, I am proud to co- America and its interests. It is unbe- lican omnibus appropriations bill to sponsor Senator BYRD’s amendment. lievable to me that the President can undermine the war on terrorism and we This amendment would make good on propose a $674 billion tax cut, but can’t must pass the Byrd amendment.∑ our promises to put in place critical make a sufficient investment in home- Mr. VOINOVICH. Mr. President, I new programs to boost homeland secu- land security. When I look at the im- rise today to correct some inaccuracies rity and, most important, to help State portant programs that this amendment that were stated by my colleague from and local governments and first re- would support, I can’t fathom that the Nevada during last night’s session re- sponders bear the costs of their front- Senate won’t pass it. It is imperative garding nuclear security and Senator line responsibilities in the war on ter- that we provide the resources nec- BYRD’s amendment to increase funding rorism. essary to protect this Nation. for homeland security. My friend from First, it would provide the full $2.5 Vulnerabilities exist in our homeland Nevada came to the floor and argued billion in homeland security funding in security infrastructure and we should that this body should support Senator last summer’s emergency supplemental not squander a single day addressing BYRD’s amendment because our Na- appropriations bills. This is money, for them. An independent task force, tion’s nuclear facilities are ‘‘inad- first responders among others, that chaired by former Senators Gary Hart equately protected.’’ After hearing this was approved by Congress but which and Warren Rudman, recently advised statement, I felt it was my duty as the the President blocked from actually that ‘‘America remains dangerously chairman of the Clean Air, Climate being spent. unprepared to prevent and respond to a Change, and Nuclear Safety Sub- The amendment also restores about catastrophic attack on U.S. soil.’’ We committee to set the record straight $1 billion in cuts to the fiscal year 2003 must act to ensure that the functions on the security of our Nation’s nuclear spending bills below what Senate ap- needed to better protect our borders, facilities. This is an area that I have propriations agreed to last summer and coasts, cities, and towns have suffi- worked hard to investigate and fully fall. cient resources to do so. understand. I urge my colleagues to Finally, the Byrd amendment pro- The Byrd amendment would provide also spend time carefully reviewing the vides money for critical new programs. more money to states and localities to existing security controls at our Na- It includes $850 million to help States implement President Bush’s smallpox tion’s nuclear facilities before they and localities implement the Presi- vaccination plan, to make the radio rush to any judgments. The best way to dent’s smallpox vaccination plan. An- equipment of first responders inter- do this is to go and visit the facilities other $585 million would go to imple- operable, and provide emergency plan- in order to see the security measures in ment the new port security law, legis- ning and training for terrorist attacks. practice. lation that passed overwhelmingly in It would make critical investments in Last August, I visited the Davis Bes- November but which to date has not our preparedness for biological attack. sie Nuclear facility in Oak Harbor, OH, been funded. We will not be any more It would also fortify our borders by for the purpose of reviewing the oper- secure if we just pass these security funding such things as additional Coast ations of the plant. I was extremely blueprints, then walk away. Guard patrol boats and improvements impressed with security measures in Taken together, the amendment will to the INS entry and exit system. The place to gain entrance and access to provide $1.4 billion to State and local Byrd amendment also fully funds the the facility. Also this last April, I had governments, including grants to make newly created Transportation Security the opportunity to spend a half day at first responder radio equipment com- Administration so that our airports are the Perry Nuclear Power Plant in patible, a priority ever since we made as secure as possible. Mr. Presi- Perry, OH to specifically review their learned of the communications prob- dent, last year I was very involved in security systems. I received a classified lems that hampered September 11 res- the development of the new port secu- security briefing at the facility, which cue workers. rity law, and I am pleased that the I highly recommend to all of my col- The amendment will provide an addi- Byrd amendment includes funding to leagues. In addition, I participated in tional $1 billion for border security, in- help implement these new rigorous se- personnel and vehicle searches, and I

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1016 CONGRESSIONAL RECORD — SENATE January 16, 2003 reviewed the external security sys- responsibility lies here as well as down- should not accept the alarming defi- tems, including meeting with the Coast town in the executive branch. This ciencies in our seaport security, an Guard which patrols Lake Erie off the Congress has the responsibility to pro- area that many experts have identified coast of the Perry facility. tect the American people. This Con- as perhaps the Nation’s single greatest My tour of the security operations gress has the responsibility to invest vulnerability. We should not accept the confirmed for me that every security the dollars where they are most needed fact that first responders and local doc- measure is being taken to protect our and to focus on the Nation’s many seri- tors and nurses do not have sufficient energy supply from terrorist attack ous vulnerabilities. But by blindly sup- training and equipment to handle wide- and the members of the surrounding porting the arbitrary figures that are ranging threats involving madmen who community should be very comfortable undermining the package before this may have gotten their hands on weap- with the level of security that protects Senate, we take a dangerous gamble ons of mass destruction. them and the facility. In fact, if I were with the lives of the American people. This Senator from West Virginia is a terrorist the last place I would try And we do not have that right. We do not now nor will he ever be prepared to and take over or attack would be a nu- not have the right to take that danger accept those dangers. This Senator is clear powerplant with the security and gamble with the American people. prepared to do whatever it takes to measures at Perry and Davis Bessie. The White House does not have that close the gaps and to protect the Amer- This past fall, I visited the EU Head- right. The President of the United ican people. I urge my colleagues to quarters at The Hague in Brussels. I States does not have that right. Let join me. was impressed with the security re- him come before the cameras of the Since September 11, 2001, the threat quired to gain entrance to the facility, electronic eye. Let him say to the of a terrorist attack has only in- but it didn’t compare to the security at American people that you are secure creased. It has not decreased. Adminis- Perry and Davis Bessie nuclear plants. and you don’t need more money; that tration officials have said time and In addition to these visits, I have we don’t need to spend another dollar; time again that another terrorist at- participated in several committee and that we don’t need to spend any tack will happen. It is inevitable, they hearings on nuclear plant security and more than we have. say, and it could involve weapons of Nuclear Regulatory Commission, in- I can be mistaken, and I am often mass destruction. cluding a classified security briefing. mistaken. I don’t maintain that I am Last September, the administration While I have found the security meas- always right. But I maintain that we raised its terrorist alert system to its ures to be impressive, this does not de- have a duty to protect our people. I second highest level and closed nine crease my resolve to remain at the maintain that in the Appropriations embassies for security reasons. forefront of this issue and ensure the Committee we conducted hearings— Last October, the FBI warned of ter- safety of these facilities. Last Con- lengthy hearings. We heard from ad- rorist attacks against railroads. gress, I supported the Nuclear Security ministration witnesses. We heard from Last November, the FBI warned hos- Act of 2002 in the EPW Committee. In the people at the local level. We heard pitals in Houston, Chicago, San Fran- the 108th Congress, I will continue to from mayors. We heard from Gov- cisco, and Washington of an imminent look for ways to improve our excellent ernors. This Appropriations Com- terrorist attack. The CIA director security at our Nation’s nuclear power- mittee, when I was in charge, unani- warned of terrorist dangers, and testi- plants. mously voted out these bills appro- fied that once war begins in Iraq—hear Nuclear energy is important to our me now, hear me—the CIA director Nation’s economy and environment. priating moneys. Time and time again, warned of terrorist dangers and testi- America’s nuclear energy industry cur- this administration turned the back of fied that once war begins in Iraq, Is- rently provides approximately 20 per- its hand to the Congress and in so lamic extremists will likely increase cent of our energy. It is a safe, reliable, doing to the American people because their effort to attack us here at home. and zero-emission source of energy the people in the Congress are the It is not to be a video game. Oh, that is an important part of our energy elected representatives of the Amer- praise God that we will be lucky. We future. ican people. The people in the Congress I agree with my colleague that we are the elected representatives of those could be. I hope we will be. Last December, the administration have an obligation to the American taxpayers out there who send us here. reported that Islamic extremists asso- people to ensure the safety of these fa- We don’t come here at the bidding of ciated with al-Qaida may have taken cilities. I have and will continue to any President. No President can say scrutinize the security at our Nation’s when I have to go home or when I can possession of chemical weapons. Cana- nuclear plants. However, I disagree come to this place. The people of West dian intelligence told us that al-Qaida that this is an appropriate argument Virginia determined that, and they are was plotting attacks from Canada. An increasing number of terrorist for this debate on homeland security my bosses. funding. I urge my colleagues to look No President is infallible. But this warnings threats to the use of weapons at the facts and go and see for yourself administration, more than any admin- of mass destruction against us, a war the efforts of these plants. istration that I have seen in my 50 with Iraq that could escalate the Mr. BYRD. Mr. President, I yield my years in Congress, maintains that it is threat level, yet this Congress and this remaining time to myself. right; that it is always right; that Con- President process all of that informa- In this new world, we face a new kind gress is wrong, always wrong. tion and conclude that the best place of war—a war on our shores, a war that We are coming to some very difficult to find savings is in the funding for is different in scope and intensity from showdowns in this country. Who knows homeland security funds. That is sim- any that we have ever faced before. The what may happen in the days ahead? ply astonishing. enemy is no organized army. There is This legislation would cut invest- Our borders remain dangerously un- no organized army of infantry, or artil- ments in homeland security. I appre- guarded. They leak like a sieve. We lery. The enemy is not an organized ciate the work and the effort Senator don’t know if terrorists have crossed army with maps and bayonets. The STEVENS and his staff have put into into the country, as we saw over the enemy follows no rules of engagement. this package given the arbitrary con- New Year’s holiday, when the FBI was The enemy heeds no Geneva Conven- straints placed on them by the White frantically looking for suspected ter- tion. Their weapon is fear. Their appli- House. But the Senate should not allow rorists. Do you remember that? They cation is destruction. itself to be handcuffed by the political were frantically—frantically—looking We cannot stand idly by and put our advisers inside the White House. Who for suspected terrorists who they later total faith in some new bureaucracy. are they? To whom do they answer? concluded had not entered the country We ought not be lulled into compla- They answer to the President of the after all. Yet this administration cency that the hope of a new govern- United States, I guess. They do not an- wants to cut border security funding ment department may eventually swer to the American people. by $705 million. make us safer. We should not accept the hundreds of The Customs Service is able to in- This Congress has the responsibility miles of our northern and southern spect only 2 percent—at most, 5 per- to protect the American people. That borders remaining unguarded. We cent—of cargo entering this country.

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1017 We know terrorists could smuggle on freedom. But when it comes to Mr. BYRD. How much time? weapons of mass destruction into our fighting the war here at home, this The PRESIDING OFFICER. One ports, either to blow them up and cause White House, this administration, pre- minute twenty seconds. massive economic and physical de- fers to shop in bargain basements. Mr. BYRD. I thank the Chair. struction or to explode those weapons Delays of this funding for a few Mr. SARBANES. First, I commend within the interior of the country near months, until the next fiscal year’s ap- the very able Senator from West Vir- a major city. Yet this Bush administra- propriations bills, translates into more ginia for this amendment. This is an tion wants to cut port security funding than a calendar year. By waiting for extraordinarily important amendment. by tens of millions of dollars. Aston- the next fiscal year, we would force If we are going to provide for homeland ishing? Yes, astonishing. first responders to wait for help until security, we must provide the re- The FBI lacks the law enforcement the calendar year 2004. By waiting for sources for homeland security; other- personnel to track potential terrorists the next fiscal year, we force our air- wise, it is all a charade. and disrupt potential terrorist cells al- ports and our seaports to struggle with I wish to focus on just one thing. I ready based inside this country. Yet security until the calendar year 2004. represent a great port, one of the this White House—this White House— These delays do not serve any con- world’s great ports. In fact, the distin- the Bush administration wants to cut structive purpose, and they certainly guished Senator from West Virginia money for Federal law enforcement do not help to protect American lives. worked in the Port of Baltimore in personnel by more than $250 million. If we provide these moneys, the over- World War II. Irresponsible? Yes, irresponsible. sight committees should do their job to Mr. BYRD. That is right. The President has suggested that a ensure that the agencies invest these Mr. SARBANES. Contributing to the smallpox attack is a big enough risk to dollars quickly and effectively. war effort in the construction of Lib- the American public that a smallpox The amendment I have proposed erty ships. vaccine should be made available to would invest funds where they are We passed the Maritime Transpor- the public by the beginning of 2004. Yet most needed. First, it would restore tation Security Act last year; 95 to 0 I this President knows that State and the $1 billion in reductions in home- believe was the vote in this body. But local governments lack the necessary land security initiatives made from the what good does that bill do us if we do funding to administer the smallpox original committee-passed appropria- not have the resources with which to vaccination plan, let alone provide for tions bills and for which every member carry out the promises and the con- the homeland security protections for of the Appropriations Committee cepts that are contained in the legisla- which the State and local governments voted. Second, it would restore much of tion? are responsible. Never mind. This ad- the $2.5 billion in emergency homeland Mr. BYRD. Right. Right. ministration wants to cut aid to the security funds that passed this Con- Mr. SARBANES. What good does it States by more than $500 million. gress overwhelmingly in the summer do us if we pass this legislation on Our nuclear facilities remain dan- but was vetoed by this White House. homeland security, we beat our chests gerously exposed. Yet this White Finally, this amendment would fund about it, and then we don’t provide the House, this administration, seeks to the priorities that Congress has found resources? The Senator’s amendment cut funding to protect our nuclear fa- so necessary and that President Bush will provide the resources to carry out cilities by more than $230 million. has already signed into law. This this legislation. Airport security, mass transit secu- amendment would fund the border se- Mr. BYRD. It will. It will. rity, cybersecurity, water security, em- curity authorization bill that passed Mr. SARBANES. Is that correct? bassy security, food safety—these are the Senate 97 to 0 and that the Presi- Mr. BYRD. Absolutely. all critical vulnerabilities and yet the dent signed last May. This amendment Mr. SARBANES. I very strongly sup- administration wants to whack those would fund the port security authoriza- port the amendment. moneys by a total of $1.5 billion. tion bill that passed the Senate 95 to 0 The PRESIDING OFFICER. The time Then, on top of all of those reduc- and that the President signed into law of the Senator from West Virginia has tions, this bill has an across-the-board last November. This amendment would expired. cut of 1.6 percent for each and every provide funds—hear me now—this Who yields time? Federal law enforcement and homeland amendment would provide funds for the Mr. REID. Mr. President, I suggest security initiative across this country. 10 million smallpox vaccinations that the absence of a quorum. It is a shameful way—a shameful way— this administration has mandated from The PRESIDING OFFICER. The to fund the protection of this Nation. State and local health professionals. clerk will call the roll. Sound policy decisions cannot pos- These dollars address our most crit- The assistant legislative clerk pro- sibly be driving these spending cuts. ical needs, Mr. President. These funds ceeded to call the roll. Clearly, these programs need more would help to shore up our defenses and Mr. REID. Mr. President, I ask unan- money, not less. The administration could save lives here at home. imous consent that the order for the cannot blame these decisions on grow- We are in new and dangerous times. quorum call be rescinded. ing budget deficits because that same No attack should be deemed so un- The PRESIDING OFFICER. Without administration now argues that defi- likely that it can be ignored. The men objection, it is so ordered. cits don’t matter. and women who send us here demand Mr. REID. Mr. President, I under- It is politics. The administration that we protect them, that we protect stand the time of the Senator from chose an arbitrary number last year, our country first. The fathers and West Virginia has expired. and it is twisting the arms of the Con- mothers who send their children to The PRESIDING OFFICER. That is gress to stick to it. The result is a dis- school each morning expect us to in- correct. aster for homeland security programs. vest the dollars to keep their little pre- Mr. REID. I have spoken to the ma- While our troops overseas are cious ones safe. That is a solemn duty jority whip, and he has allowed me to equipped with high-tech gadgets to that lies on the conscience of every read a letter Senator BYRD has asked fight our enemies, our troops left at man and woman Member of this body. me to read into the RECORD. home will have to defend us with mea- It is a basic and sacred duty. And may The PRESIDING OFFICER. Without ger resources. Our troops in the desert God forgive us if we so cavalierly fail objection, it is so ordered. are bouncing their communications off in our duty to protect our people, the Mr. REID. This letter is from the satellites, while our homeland defend- American people. American Public Health Association, ers may have to communicate with Mr. SARBANES. Will the Senator addressed to the Honorable ROBERT twine and coffee cans. This may sound yield for a question? BYRD. ridiculous, but it is much closer to the Mr. BYRD. Yes, I yield. DEAR SENATOR BYRD: On behalf of the truth than many of us would like to be- How much time do I have, Mr. Presi- American Public Health Association lieve. When it comes to fighting over- dent? (APHA), the largest and oldest organization seas, this administration’s attitude is: The PRESIDING OFFICER. One of public health professionals in the nation, Spare no expense. There is no pricetag minute twenty seconds. representing more than 50,000 members from

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1018 CONGRESSIONAL RECORD — SENATE January 16, 2003 over 50 public health occupations, I write in EDWARDS), and the Senator from Mas- The PRESIDING OFFICER. The Sen- strong support of your amendment that sachusetts (Mr. KERRY) are necessarily ator from Alaska. would provide an additional $850 million to absent. Mr. STEVENS. Mr. President, we assist state and local governments with im- I further announce that, if present have an understanding with Senator plementing the Administration’s smallpox vaccination plan. and voting, the Senator from North BYRD. He will have the floor to offer States and localities are preparing to vac- Dakota (Mr. CONRAD), the Senator from the second amendment, if he desires to cinate more than 500,000 public health and North Carolina (Mr. EDWARDS), and the do so. We await that decision. hospital response teams. Should the risk be Senator from Massachusetts (Mr. I suggest the absence of a quorum. elevated to merit the need for a broader KERRY) would each vote ‘‘aye’’. The PRESIDING OFFICER. The smallpox vaccination program, significant The PRESIDING OFFICER. Are there clerk will call the roll. new resources will be required. Beyond vac- any other Senators in the Chamber de- The bill clerk proceeded to call the cinating workers, funding will be needed to siring to vote? roll. educate volunteers, monitor adverse events, The result was announced—yeas 45, Mr. STEVENS. Mr. President, I ask treat complications and train personnel. APHA believes this additional funding is nays 51, as follows: unanimous consent that the order for essential to provide local health depart- [Rollcall Vote No. 2 Leg.] the quorum call be rescinded. ments with the resources they will need to YEAS—45 The PRESIDING OFFICER. Without implement the Administration’s plan with- Akaka Dorgan Levin objection, it is so ordered. out having to divert scarce funds and staff Baucus Durbin Lieberman Mr. STEVENS. Mr. President, I ask away from other important bioterrorism pre- Bayh Feingold Lincoln unanimous consent that the amend- paredness and public health programs. At a Biden Feinstein Mikulski ment Senator BYRD will offer now be Bingaman Graham (FL) Murray time when many states are facing large subject to a time agreement under budget deficits, it is essential that the fed- Boxer Harkin Nelson (FL) Breaux Hollings Nelson (NE) eral government assist state and local gov- which Senator BYRD has an hour and a Byrd Inouye Pryor half for his amendment and I have one ernments in undertaking this expensive and Cantwell Jeffords Reed labor intensive task. Carper Johnson Reid half hour in rebuttal. APHA also believes that those who volun- Clinton Kennedy Rockefeller The PRESIDING OFFICER. Without teer to receive and administer the vaccine Corzine Kohl Sarbanes objection, it is so ordered. must be protected from liability and com- Daschle Landrieu Schumer Mr. STEVENS. I add to that request pensated for vaccine-related injuries that re- Dayton Lautenberg Stabenow Dodd Leahy Wyden that this amendment not be subject to sult in medical costs, lost wages and pain second-degree amendment. and suffering. We hope that Congress will ad- NAYS—51 The PRESIDING OFFICER. Without dress these issues as soon as possible. Alexander DeWine McConnell objection, it is so ordered. Thank you for your efforts to address this Allard Dole Miller important issue facing our nation’s public Allen Domenici Murkowski Mr. BYRD. How much time do I health system. Bennett Ensign Nickles have? The letter is signed by George C. Bond Enzi Roberts The PRESIDING OFFICER. The Sen- Brownback Fitzgerald Santorum ator has 90 minutes. Benjamin, Medical Doctor, Fellow of Bunning Frist Sessions the American College of Physicians, Burns Graham (SC) Shelby Mr. BYRD. On the last amendment, who is executive director of the Amer- Campbell Grassley Smith what was the vote? Chafee Gregg Snowe ican Public Health Association. The PRESIDING OFFICER. On the Chambliss Hatch Specter last amendment, the vote was 51 to 45; I thank my friend from Kentucky. Cochran Hutchison Stevens Mr. MCCONNELL. Mr. President, I Coleman Inhofe Sununu 45 ayes and 51 nays. Collins Kyl Talent Mr. BYRD. How many absentees were announce for the information of all Cornyn Lott Thomas Senators it would be our intent to there on my side? Craig Lugar Voinovich The PRESIDING OFFICER. There yield back the balance of the time at Crapo McCain Warner were three on the minority side not 12:30 so the vote can commence at that NOT VOTING—4 time. voting, one on the majority side not Conrad Hagel voting. I suggest the absence of a quorum. Edwards Kerry The PRESIDING OFFICER. The Mr. BYRD. One Democrat voted The amendment (No. 2) was rejected. against my amendment? clerk will call the roll. Mr. STEVENS. Mr. President, I move The assistant legislative clerk pro- The PRESIDING OFFICER. The Sen- to reconsider the vote. ator is correct. ceeded to call the roll. Mr. ENSIGN. I move to lay that mo- AMENDMENT NO. 8 Mr. MCCONNELL. Mr. President, I tion on the table. Mr. BYRD. Mr. President, I make an- ask unanimous consent that the order The motion to lay on the table was other plea to my colleagues, and I for the quorum call be rescinded. agreed to. The PRESIDING OFFICER. Without Mr. STEVENS. Mr. President, in speak on behalf of the American people in doing so because it is their security objection, it is so ordered. order to give Senator BYRD a chance to Mr. MCCONNELL. Mr. President, I review the amendment, I suggest the I am talking about. By all let this be yield back the remainder of the time absence of a quorum. heard, by Democrats as well as Repub- on this side. The PRESIDING OFFICER. The licans. I make this last plea to my col- The PRESIDING OFFICER. All time clerk will call the roll. leagues with respect to homeland secu- is yielded back. All time has expired. The assistant legislative clerk pro- rity. If they will not allow the Govern- Under the previous order, the ques- ceeded to call the roll. ment to invest $5 billion to protect the tion is on agreeing to amendment No. 2 Mr. STEVENS. Mr. President, I ask lives of the American people from ter- offered by the Senator from West Vir- unanimous consent that the order for rorist attacks, at least let us invest in ginia. the quorum call be rescinded. the most obviously vulnerable seg- Mr. STEVENS. Mr. President, I ask The PRESIDING OFFICER (Mr. ments of our infrastructure. for the yeas and nays. SUNUNU). Without objection, it is so or- Now listen to me, colleagues. You are The PRESIDING OFFICER. Is there a dered. going to have to answer to the Amer- sufficient second? Mr. STEVENS. I ask unanimous con- ican people for your vote. Democrats There is a sufficient second. sent that Senator MIKULSKI be allowed are going to have to answer for their The clerk will call the roll. to speak as in morning business for 10 votes. Republicans are going to have to The assistant legislative clerk called minutes and that I retain the floor answer for their votes. You may say, the roll. thereafter. well, I am ready. That is all right. You Mr. MCCONNELL, I announce that The PRESIDING OFFICER. Without be ready. You be ready. And the record the Senator from Nebraska (Mr. objection, it is so ordered. will follow you. The record will follow HAGEL) is necessarily absent. The Senator from Maryland. you. Mr. REID, I announce that the Sen- (The remarks of Ms. MIKULSKI are You cannot nonchalantly say: Well, ator from North Dakota (Mr. CONRAD), printed in today’s RECORD under we had a caucus and we decided we the Senator from North Carolina (Mr. ‘‘Morning Business.’’) would have a party-line vote; we would

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1019 stand against Senator BYRD’s amend- I have seen more than 85 summers. fornia, Mrs. FEINSTEIN, and the senior ment and we would oppose all amend- More than 85 years have passed; 50 of Senator from Texas, Mrs. HUTCHISON, ments, et cetera, et cetera—if that is those 85 years have been spent in the released a report from the General Ac- the case. That may be OK here, but Congress of the United States. Never counting Office that examined the wait until the American people look at have I seen a Congress that has been vulnerabilities in the Nation’s air the record. It was their safety that you more recreant in its duty to stand up cargo system. are compromising when you voted against an executive branch that looks The GAO found that while 22 percent against this past amendment. I am sur- with utter contempt on the elected of the Nation’s air cargo is sent on pas- prised that we had any votes at all, at Representatives of the people in this, senger aircraft, very little of that least from this side of the aisle, against the legislative branch. cargo is ever inspected. that amendment. But every Senator People downtown, many of them it Listen to that. How many Senators has to answer to his own conscience seems, feel that the legislative branch have ridden on cargo planes? I have. and to his own people. I respect that on is beneath the dignity of the executive Does it make one pause to reflect upon any Senator’s part. branch. They have nothing but con- the fact that so little of that air cargo I will send up an amendment in due tempt for this branch. is ever inspected? time, and I understand the time is lim- So when this branch comes forward Your life and the lives of others who ited on this amendment whether I send with recommendations as to what is ride those cargo planes are in the it up or not, so that is understood to needed to ensure the people’s security, hands of God. He isn’t getting much start with. the executive branch turns the back of help from this administration, and He In the past year and a half, this Sen- its hand to the recommendations of the isn’t getting much help from the Con- ate, and indeed the entire Congress, legislative branch. And it has done gress of the United States as reflected have voted overwhelmingly for author- that repeatedly, time after time, over by this last vote, for example. ization bills that commit funds for the the past year. The GAO found that while 22 percent protection of the American people. The fact of the matter is that the of the Nation’s air cargo is sent on pas- This Senate and the entire Congress Senate Appropriations Committee in senger aircraft, very little of that have voted overwhelmingly for author- the 107th Congress did its work. It cargo is ever inspected. ization bills that commit funds for the passed all 13 appropriations bills. It did The GAO reported that: protection of the American people. so responsibly. It did so in a bipartisan First, there are simply not enough In November 2001, this Senate, by a fashion, in a fashion that was remark- safeguards in place to ensure that 100-to-0 vote, approved the Federal ably bipartisan. What we have before someone shipping air cargo under the Aviation Security Act: a vote of 100 to us is not merely the last year’s com- existing protocols has taken the proper 0. The President signed this legislation mittee-passed bills for fiscal 2003 with steps to protect against the use of that amid great fanfare—how sweet it is. a nip here and a tuck there to address shipment by terrorists. Oh, it was great to pass the legislation. new budgetary circumstances. The bills Second, cargo tampering is possible But despite the high-toned rhetoric, that are now before us are shaped at various points where shipments the resources to implement this act around policy completely divorced transfer from company to company. have been denied. Third, air cargo handlers are not re- Last May the Senate passed the U.S. from reality. Mr. President, the Chamber is empty. quired to have criminal background Border Security Act under an array of I, too, would like to be sitting some- checks and do not always have their great speeches, noteworthy speeches. where. It is not easy. It is not easy to identities verified. Oh, the speeches, I can hear them yet. make this fight. But who cares whether Fourth, most cargo shipped by air is I can hear the reverberation of those it is easy or not. That is not important. never screened. stentorian tones—the reverberations How many more attacks, how many around this great Chamber and outside I will give the last vestige of my more warnings, how many more re- the Chamber as well, and other places. strength to stand and speak on behalf The border security bill passed the of the security of the American people. ports will it take before this Congress Senate 97 to nothing, and the President I am putting this amendment before awakens, before it believes that this very accommodatingly and happily the Senate today, and I am asking Sen- Nation is seriously at risk? signed that legislation into law. So ators to carefully weigh the amend- Instead of simply paying lipservice to with a flourish of the pen it became ment on behalf of the American people. the many vulnerabilities in this Na- law, a flourish of the pen in the mighty It is not easy. But never was I more tion, it is time to invest real resources hand of the chief magistrate of this willing to expend my limited energies to protect the American people from country, a great flourish of the pen. and my frail voice on behalf of the terrorist attack. We cannot nickel and Headlines in the newspaper, excellent safety of the American people than I dime the protections of American lives. paragraphs as to the comments that am here today. Think of your own. National security were made, worthy of keeping in our I know that what I am saying will requires national investments. We hear scrapbooks, may I say. fall upon deaf ears in some quarters. that freedom has no price. The same And then this past November, by a But the bill before us now, let me say can be said of safety—the safety of the vote of 95 to 0 again—95 to zero? Where again, was shaped around sound policy American people. The safety of the was the opposition then? A vote of 95 to that is completely divorced from re- American people should have no zero the Senate passed the Port and ality. If we are to be treated to speech- pricetag. Maritime Security Act, giving ap- es touting what this administration The lessons from September 11, 2001, proval for massive investments at the can do when it controls the Congress, are clear—as clear as the noonday Sun Nation’s seaports. And, again, the perhaps we should take a close look. on a cloudless sky. Terrorists live Commander in Chief—if I may use that The most telling example of what we among us, and they traverse our open term, if I may pluck that term out of are in for is demonstrated in how these borders with relative ease. the Constitution—the Commander in appropriations bills treat domestic se- We know that the enemy prefers Chief signed the bill into law. curity. weapons fashioned from the ordinary Despite these overwhelming bipar- Just yesterday, two distinguished infrastructure of modern life—trucks, tisan votes, despite the stentorian Members of this body, the senior Sen- trains, planes, mail delivery, envelopes rhetoric that came from many voices ator from California, Mrs. FEINSTEIN, in the mail, ports, energy sources, that spoke as though they had lungs of and the senior Senator from Texas, cyberspace, spent nuclear materials, brass, despite that great rhetoric that Mrs. HUTCHISON, released a report from and one can go on and on. All of these, accompanied the signing of these bills, the General Accounting Office that ex- we are told, can be easily adapted to the resources have been slow in com- amined the vulnerabilities in the Na- cause death, sudden death and destruc- ing, to say the least. As a result, our tion’s air cargo system. tion, fear and panic. Nation’s defenses against terrorist at- Let me say that again. Two distin- At home, our technology is deficient, tack have remained vulnerable—vul- guished Members of this body on yes- with outdated computers in key gov- nerable. You better ponder that word. terday, the senior Senator from Cali- ernment agencies unable to easily

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1020 CONGRESSIONAL RECORD — SENATE January 16, 2003 transmit vital information back and The amendment invests $500 million mittee in last year’s hearings? Did we forth. for seaport security to implement the listen to former Senator Rudman when Last April and May, in 5 days of law signed by President Bush in No- he appeared there before the Senate hearings, the Senate Appropriations vember 2002. Appropriations Committee in those Committee heard testimony that indi- The amendment provides $850 million hearings? Senator Nunn, working with cated our adversaries could cripple the to State and local health professionals Senator LUGAR, addressed these prob- U.S. economy without great difficulty to implement the President’s an- lems. And they continue to be very and without enormous cost. It can be nounced plan from December 2002 to concerned about the problems involved done on the cheap. vaccinate 10 million first responders in nuclear security. The warnings have been prolific. The and health care workers against small- This amendment invests $200 million warnings that have come down from pox. for nuclear security to protect against the various agencies of this adminis- Are you going to vote against that? theft of nuclear material and to pro- tration have made it clear time and This is your President. This is my vide security at nuclear facilities. again that we are at great risk. This President. This is our President. Are Now, Mr. President, that is all I shall country is at great risk. With these you going to vote against that? have to say. warnings in mind and with the realiza- Let me say it again, lest you did not I send the amendment to the desk, tion of the many gaps in our homeland hear. This amendment provides $850 and I ask that it be read in its entirety security network, the men and the million to State and local health pro- so that all Senators will hear it today, women of this Congress are playing fessionals to implement the President’s not wait until tomorrow to read it in Russian roulette with the safety of our announced plan to vaccinate 10 million the CONGRESSIONAL RECORD. people unless we take immediate steps first responders and health care work- The PRESIDING OFFICER. The to protect American lives and to avoid ers against smallpox. The President clerk will report the amendment. future tragedies. mandated that the States—including The bill clerk read as follows: I could go on and on. But Senators West Virginia, including New York, in- already know where we are vulner- cluding California, including Alaska, The Senator from West Virginia (Mr. BYRD) proposes an amendment numbered 8. able—border security, airport security, including Washington, including Texas, At the appropriate place in the joint reso- port security. We are well aware of the including Florida—and local govern- lution insert the following: gaps in our protections. If we know ments carry out this vaccination plan DIVISION —HOMELAND SECURITY where those gaps are—if we know but provided no financial support to SUPPLEMENTAL APPROPRIATIONS where those gaps are—you can be sure implement it. That, in addition to the funds provided that the terrorists know where those Let me say that again. The President elsewhere in this joint resolution, the fol- gaps are. mandated that the States and local lowing sums are appropriated, out of any Further delay is unconscionable. governments carry out this vaccina- money in Treasury not otherwise appro- Further delay on the part of the elect- tion plan—we are talking about a plan priated, for the fiscal year ending September ed representatives of the American to vaccinate responders, local respond- 30, 2003, and for other purposes, namely: people is unconscionable. This is not a ers, and health care workers against CHAPTER 1 time for politics. We may think we can smallpox—the President mandated DEPARTMENT OF JUSTICE play politics. But this is not something that the States and local governments GENERAL ADMINISTRATION with which we can play politics. Fur- carry out this vaccination plan but ther delay is unconscionable. provided no financial support to imple- SALARIES AND EXPENSES That is why I offer an amendment ment it. For an additional amount for ‘‘Salaries that is smaller in scope and more nar- This amendment directs $200 million and Expenses’’, $363,000,000, to remain avail- able until expended, only for the Entry Exit rowly defined than the one that was for law enforcement agencies and other System, to be managed by the Justice Man- just considered by the Senate and de- first responders to address the commu- agement Division: Provided, That none of the feated by the Senate. This amendment, nications conflicts that exist in their funds appropriated in this Act, or in Public which I shall shortly send to the desk, current radio systems. Law 107–117, for the Immigration and Natu- would fund the core mandates of the How many times have we heard that ralization Service’s Entry Exit System may authorization bills which the Congress the local responders—the fire depart- be obligated until the INS submits a plan for last approved and the President of the ment people, the law enforcement per- expenditure that: (1) meets the capital plan- United States has signed into law. sonnel—could not talk with one an- ning and investment control review require- other? Law enforcement could not talk ments established by the Office of Manage- What are they? The Airport Security ment and Budget, including OMB Circular A– Act, the Border Security Act, the Sea- with firefighters. Firefighters could 11; part 3; (2) complies with the acquisition port Security Act. Let us match the not talk with emergency health per- rules, requirements, guidelines, and systems rhetoric with resources. Let us fulfill sonnel. How many times have we heard acquisition management practices of the the promises that we made to provide that? How many times did we hear it Federal Government; (3) is reviewed by the the necessary funds when we voted for during the course of those hearings last General Accounting Office; and (4) has been and last passed those authorization year in which both parties worked to- approved by the Committees on Appropria- bills and when they were signed. gether, in a bipartisan fashion, to have tions: Provided further, That funds provided I urge Senators to expedite this much the hearings, to shape the hearings, to under this heading shall only be available for obligation and expenditure in accordance needed assistance for our Nation. We determine who would be called, and to with the procedures applicable to reprogram- must not turn our backs on the efforts pass the legislation implementing the ming notifications set forth in section 605 of to bolster our weaknesses, on the effort requests of the people from the local Public Law 107–77. to address our vulnerabilities, on the levels—the mayors, the Governors, the IMMIGRATION AND NATURALIZATION SERVICE effort to protect American lives, the first responders? SALARIES AND EXPENSES lives we say may be our own. So I say again, the amendment di- Now, the amendment which I am rects $200 million for law enforcement ENFORCEMENT AND BORDER AFFAIRS going to send to the desk shortly, I agencies and other first responders to For an additional amount for ‘‘Salaries shall explain. This is the summary of address the communications conflicts and Expenses, Enforcement and Border Af- fairs’’, $77,000,000, to remain available until the amendment. that exist in their current radio sys- expended, of which $25,000,000 shall be only This amendment provides $500 mil- tems. for apprehending absconders, of which lion for aviation security—get that, The amendment invests $200 million $25,000,000 shall be only for fleet manage- $500 million for aviation security—to for nuclear security to protect against ment, and of which $6,250,000 shall be only for implement the law signed by President theft of nuclear materials and to pro- pay upgrades for Border Patrol agents and Bush in November of 2001. vide increased security at nuclear fa- Immigration Inspectors. The amendment directs $750 million cilities. CONSTRUCTION for border security to implement the Did we hear Sam Nunn? Did we hear For an additional amount for ‘‘Construc- law signed by President Bush in May former Senator Sam Nunn when he ap- tion’’, $100,000,000, to remain available until 2002. peared before the Appropriations Com- expended.

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1021 OFFICE OF JUSTICE PROGRAMS CHAPTER 5 have offered, for homeland security ef- COMMUNITY ORIENTED POLICING SERVICES DEPARTMENT OF THE TREASURY forts; $4.3 billion of that is for INS, For an additional amount for the Commu- UNITED STATES CUSTOMS SERVICE $1.26 billion is for the FBI. We have $5.3 nity Oriented Policing Services’ Interoper- SALARIES AND EXPENSES billion for the Transportation Security able Communications Technology Program For an additional amount for ‘‘Salaries Administration, including an increase in consultation with the Office of Science and Expenses’’, $89,600,000, to remain avail- of $1.84 billion for that agency. There and Technology within the National Insti- able until expended; of the total, not to ex- are funds for the airport security con- tute of Justice, and the Bureau of Justice ceed $47,000,000 shall be available for the Con- cepts. We have money for the port se- Assistance, for emergency expenses for ac- tainer Security Initiative; not to exceed curity concepts. Each of these items $15,000,000 shall be available for pay parity; tivities related to combating terrorism by has been covered by the bill that is be- providing grants to States and localities to and not to exceed $27,600,000 shall be avail- improve communications within, and among, able for northern and southern border port- fore us in my amendment. law enforcement and other first responder of-entry infrastructure. I say to my friend, I cannot in good agencies, $100,000,000, to remain available CHAPTER 6 conscience support this, having op- until expended. INDEPENDENT AGENCIES posed the same amounts of money in CHAPTER 2 FEDERAL EMERGENCY MANAGEMENT AGENCY the larger amendment upon which we just voted. DEPARTMENT OF ENERGY EMERGENCY MANAGEMENT PLANNING AND I would hope the Senator would un- ATOMIC ENERGY DEFENSE ACTIVITIES ASSISTANCE For an additional amount for ‘‘Emergency derstand, again, what I am trying to ATIONAL NUCLEAR SECURITY N management planning and assistance’’ for do. I am trying to get the 11 bills to ADMINISTRATION emergency expenses to respond to the Sep- conference as a whole and to work with WEAPONS ACTIVITIES tember 11, 2001, terrorist attacks on the the House and try to come back with a For an additional amount for ‘‘Weapons United States, $100,000,000. bill the President will sign, if possible, Activities’’ for emergency expenses, This division may be cited as the ‘‘Home- this month. If it can get to the Presi- $150,000,000: Provided, That $25,000,000 of the land Security Supplemental Appropriations dent this month, we will have this Division’’, of this joint resolution. funds provided shall be available for secure money working by February. If we transportation asset activities: Provided fur- The PRESIDING OFFICER. Who don’t do that and the House has to ther, That $35,000,000 shall be available for yields time? start moving single bills, the 11 bills construction and renovation activities at the The Senator from Alaska. that affect 2003, when they should be National Center for Combating Terrorism: Mr. STEVENS. Mr. President, I have starting to move the 2004 bills, we will Provided further, That $90,000,000 of the funds not yet seen a copy of the amendment. be more than a full year behind by the provided shall be available to meet increased I need to have a copy in order that I end of this year. That will be a collapse safeguard and security needs throughout the may address it. nuclear weapons complex, including at least I have a summary of the major ele- of the appropriations process. I hope we $25,000,000 for cyber security. ments of this. This is a $3 billion pack- don’t have to face that. I urge the Senate to defeat amend- ENVIRONMENTAL AND OTHER DEFENSE age as opposed to the one we just voted ACTIVITIES ments to add money to this Omnibus upon that was $5.1 billion. I am com- bill unless it is offset. If the offsets are OTHER DEFENSE ACTIVITIES pelled to make the same statement I valid, we will be pleased to consider For an additional amount for ‘‘Other De- made before, that unless this is offset, fense Activities’’ for emergency expenses such amendments. we would not be within the guidelines I reserve the balance of my time. needed to conduct critical infrastructure as- of the commitment I made; that is, to sessments at critical energy supply facilities The PRESIDING OFFICER. Who nationwide, $50,000,000, to remain available take a bill to conference which does yields time? until expended: Provided, That $25,000,000 of not exceed the President’s total re- Mr. BYRD. Mr. President, how much the funds made available shall be provided to quest to the Congress for the fiscal time do I have remaining? the National Infrastructure Simulation and year 2003 appropriations bills. The PRESIDING OFFICER. The Sen- Analysis Center: Provided further, That I can hear and see that a great many ator from West Virginia has 61 minutes $25,000,000 of the funds made available shall of the items in this amendment are remaining. be provided to the National Energy Tech- items for which we will appropriate Mr. BYRD. I thank the Chair. nology Laboratory. these moneys sometime, but the Home- Mr. President, the distinguished Sen- CHAPTER 3 land Security department itself is not ator from Alaska need have no second DEPARTMENT OF HEALTH AND HUMAN yet organized. The funds already con- thoughts as to where I stand. I under- SERVICES tained in the Omnibus and prior year stand the problem he has to deal with OFFICE OF THE SECRETARY funding is sufficient to begin the first and the efforts he is making, trying to PUBLIC HEALTH AND SOCIAL SERVICES phase of the smallpox vaccination pro- do what he sees as the right thing EMERGENCY FUND gram. The border security systems, the under the circumstances. I can under- For additional amounts for grants to state security systems, are still in the proc- stand that. I sympathize with what he and local health departments to support ac- ess of being evaluated. We do have suf- says regarding offsets. But I don’t be- tivities related to immunizing first respond- ficient money in the bill, a substantial lieve all this defense money is offset ei- ers against smallpox, $850,000,000: Provided, amount of money, as a matter of fact, ther. I haven’t heard anything about that this amount is transferred to the Cen- in the bill to deal with those issues. offsetting defense moneys in this ters for Disease Control and Prevention. It is with a great deal of sadness that amendment. Perhaps I missed some- CHAPTER 4 I must tell the Senator, I continue to thing. I haven’t heard anything said DEPARTMENT OF TRANSPORTATION oppose his efforts to increase the about offsetting defense moneys. TRANSPORTATION SECURITY ADMINISTRATION amount of money that would be avail- The $24.7 billion in the bill compares to $24.2 billion for fiscal year 2002. That SALARIES AND EXPENSES able to be spent during the fiscal year 2003. I do so with great respect but with is hardly a significant increase in our For additional amounts for necessary ex- total confidence that each of these commitment to homeland defense. penses of the Transportation Security Ad- For 50 years, I have been supporting ministration related to transportation secu- agencies has enough money to go for- rity services pursuant to Public Law 107–71, ward. If they run into problems that funds for the defense of this country. $1,120,000,000, to remain available until Sep- are really serious, we can act expedi- For 50 years, I have been supporting tember 30, 2004, of which not less than tiously to meet them. the appropriations for our military $500,000,000 shall be available for port secu- The goal we want to achieve now is men and women. So when it comes to rity grants for the purpose of implementing to get the bill to conference and to get supporting funds for the defense of this the provisions of the Maritime Transpor- it to conference in a way that we can Nation, I have been at that job 50 tation Security Act, not less than $200,000,000 work out differences with the House years. I think I am doing that now. I shall be available for the costs associated support the moneys for defense. I con- with the modification of airports to comply over the total amount of money that is with the provisions of the Aviation and to be made available to the administra- sider homeland security, homeland de- Transportation Security Act, and not less tion for these various items. fense as much a part of defense, the than $120,000,000 shall be available for Oper- For instance, there is already $24.7 overall rubric, as anything else or ation Safe Commerce. billion in this bill, the amendment I more.

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1022 CONGRESSIONAL RECORD — SENATE January 16, 2003 The defense of our homeland is No. 1, vaccinations for those first responders, I yield the floor. as far as I am concerned. We have a the people at the local level who will The PRESIDING OFFICER (Mr. war on terrorism going on right here at possibly have to deal with biological ALEXANDER). Who yields time? home. I don’t hear much about it any- and chemical warfare. So when you say Mr. BYRD. Mr. President, I yield my- more. I hear more about fighting a war stand up for the defense of the country, self whatever time I may consume. I in foreign lands, across the seas. I hear count me No. 1. I am up there first in will not be long. I think Senators more about sending our men and our the ranks. ought to be aware that a vote can take women away from their homes, away Mr. President, this is not a political place on this amendment momentarily, from the fatherland, sending them matter. I note that, again, the Deputy virtually. abroad to deal with an enemy that has Homeland Security Adviser, Mr. Steve Let me simply say, in closing my re- not attacked our country. Abbott, wrote Senator STEVENS to marks on this amendment, I think the We are sending those men and women strongly oppose amendments to Sen- record is clear, and I thank my col- at great cost. Are they fully prepared? ator STEVENS’ bill that would ‘‘add ex- league, Senator STEVENS, for his hav- I don’t know. I hear that they are not traneous spending.’’ ing accommodated me, and those Mem- fully prepared to meet and contend Well, can you imagine extraneous bers who may wish to speak on the pre- with biological weapons, which might spending to protect our homeland? vious amendment that I offered and on be lodged against them. I understand This amendment is not about politics; this amendment. He has done every- that there is equipment—by way of it is about a vulnerable nation. Any thing he possibly could do to accommo- protecting our troops from biological Member who has told his or her con- date us. We have not been cramped for warfare—that is unaccounted for, and stituents that he or she will work for time on these amendments. I again there is equipment that is untested. homeland security should vote for this want to thank him for his fairness, ab- I am not for pinching pennies when it amendment. Our President has signed solute fairness. comes to our troops. I will support an authorizing bill to improve port se- I also want to thank the two leaders those troops as they are sent across the curity, border security, airport secu- for their fairness. I thank our new Re- seas by air and by water, perhaps rity, and he has called on State and publican leader for his fairness. He has been willing to debate this matter at against their own personal will, cer- local governments to implement his considerable length. I am not aware if tainly at great cost to themselves per- smallpox vaccination plan. All right. he has pressured my colleague, Mr. sonally. They give up salaries; they Step up, belly up to the bar here. Let’s STEVENS, to cut the debate short, not give up the wages of sweat and labor put the money where our mouth is. have the debate, to try to thwart the and work and thought; they give up This amendment funds those important efforts on the part of Members on this those wages to go abroad, to answer to programs. side to call up amendments. I am not the call of a war overseas; they give up Mr. President, I hope other Senators aware of any effort toward that end. I home and fireside, warm quarters at will come to the floor and speak on be- am only aware of the fact that we have home, where they can be with their half of this amendment. I will be glad been allowed ample time to debate. I families, where they can be with their to yield to the distinguished Senator from Alaska at any time he wishes. have been allowed ample time to offer wives, children, parents; they sacrifice Mr. STEVENS. Mr. President, I in- amendments, other Members on my their own businesses—small businesses form my friend that none of the per- side allowed to offer additional amend- perhaps—and their own professions. I sons who spoke on the previous, simi- ments dealing with education, dealing am for every penny; I am not for pinch- lar amendment by my colleague from with Amtrak, and other matters in- ing pennies when it comes to our men West Virginia wish to speak on this volved in homeland security. and women who are sent overseas. For amendment. They have called my at- I thank Senator STEVENS again. I 50 years I have never been for pinching tention to the fact that this amend- thank Senator FRIST. I think this is a pennies. ment deals with the first five items in good indication on his part that we are I am not for wasting money. I often the last amendment. going to debate matters in this forum think of myself as the last warrior in What was in the first amendment for and that we are going to be allowed to Vietnam, the last man to come out of State and local assistance to combat call up amendments. That is what the Vietnam. I stood at the elbows of the terrorism, the $1.406 billion has been Senate is all about. That is why we are then-Commander in Chief, Richard reduced to $1.05 billion; for border secu- here. That was the beauty of the Great Nixon. I supported him in his efforts to rity, the $1.008 billion is reduced to $750 Compromise of July 16, 1787, when it protect our men who were sent over- million; for airport security, the $720 was decided there would be two bodies seas, sent to Cambodia, sent to fight million has been reduced to $500 mil- and that the size of one body would be the Vietcong across the borders in lion; for port security, the $585 million determined on the basis of population, Vietnam, to deal with people in the has been reduced to $500 million; for while in the other body States would Vietcong located in Cambodia and nuclear security and energy security, speak with equality. A small State striking our own men. I stood by the the $296 million is reduced to $200 mil- would be equal with a large State and Commander in Chief in those days, and lion. with the largest States in our numbers we were under a Republican adminis- In other words, the Senator’s amend- here. That is what the Senate is all tration at that time. I stood with that ment takes the first five items he had about. President, at times against my own in the last amendment and reduces I am glad to see that in this instance then-majority leader. I don’t know how them by a reasonable amount in an at- we are being allowed to work our will. many other Senators in this body tempt to reduce its impact in terms of The Senate is being allowed to work its would do that. But my credentials are the budget. He has reduced it, by quick will on this important matter. We have pretty good when it comes to sup- calculation, by $1.015 billion in those offered the amendment. We have had porting and standing up for defense. five areas. He also has deleted another our say. We have not been shut off at But today I am pleading on behalf of $985 million in other categories. the pass. There has not been an effort the unprotected men and women, boys I commend the Senator for being here to gag the Members. We have had and girls, in this country who may be willing to come down in his request. It our say. I do not ask for anything else. subject to terrorist attack at any mo- still amounts to a concept of offering a That is the Senate. ment. I am pleading with my col- portion of the last amendment. Instead I say that to the distinguished Sen- leagues here on both sides of the aisle of the amount that would have been re- ator from Tennessee who now presides to forget politics and to vote for what quested—$5 billion—the Senator now over this Senate with a degree of dig- is right and to vote for the security of says $3 billion. nity and aplomb and poise that is so the American people. Under the circumstances, I am con- rare as a day in June. When I see our I am trying to support funds here for strained to again say I oppose the former colleague, our quondam col- the legislation that we passed—with amendment. I would like to have a vote league, Howard Baker, I want to pass great fanfare—to protect the airports, on it. I have no requests for time on along to Howard Baker a good word to protect the ports, to protect the bor- this side. I am prepared to yield back concerning the new Senator from Ten- ders. I am fighting for funds to provide the remainder of my time. nessee who sits in the Chair today, as

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1023 he listens. He is sitting at the desk. He Coleman Grassley Roberts SEC. ll. DECLARATION OF PURPOSE AND POL- Collins Gregg Santorum ICY; FINDINGS. is not reading newspapers. He is not Cornyn Hatch Sessions reading letters. He listens to what is (a) DECLARATION OF PURPOSE AND POLICY.— Craig Hutchison Shelby Congress declares the following: Crapo Inhofe Smith said. That is the appropriate role of a (1) The security of the Nation requires the Presiding Officer. DeWine Kyl Snowe Dole Lott Specter fullest development of the mental resources Mr. President, we do not have any Domenici Lugar Stevens and technical skills of its young men and complaints. I am ready to have a vote. Ensign McCain Sununu women. The present national security emer- I do not think I have anything else to Enzi McConnell Talent gency demands that additional and more say at this point, so I yield the floor. I Fitzgerald Miller Thomas adequate educational opportunities be made Frist Murkowski Voinovich available. The defense of this Nation depends am ready for a vote. Graham (SC) Nickles Warner Mr. STEVENS. Mr. President, I am upon the mastery of modern techniques de- NOT VOTING—4 veloped from complex scientific principles. It prepared to yield back the remainder Conrad Hagel depends as well upon the discovery and de- of my time. Edwards Kerry velopment of new principles, new techniques, Mr. BYRD. I yield back the remain- The amendment (No. 8) was rejected. and new knowledge. der of my time. Mr. FRIST. Mr. President, I move to (2) We must increase our efforts to identify Mr. REID. I suggest the absence of a and educate more of the talent of our Na- reconsider the vote. tion. This requires programs that will cor- quorum. Mr. MCCONNELL. I move to lay that The PRESIDING OFFICER (Mr. rect as rapidly as possible the existing im- motion on the table. balances in our educational system and will KYL). The clerk will call the roll. The motion to lay on the table was give assurance that no student of ability will The senior assistant bill clerk pro- agreed to. be denied an opportunity for higher edu- ceeded to call the roll. The PRESIDING OFFICER. The ma- cation because of financial need. Mr. STEVENS. Mr. President, I ask jority leader. (3) Congress reaffirms the principle and de- unanimous consent that the order for Mr. FRIST. Mr. President, I ask clares that the States and local communities the quorum call be rescinded. unanimous consent that Senator KEN- have and must retain control over and pri- The PRESIDING OFFICER. Without NEDY be recognized in order to offer an mary responsibility for public education. amendment relating to education; pro- The national interest requires, however, that objection, it is so ordered. the Federal Government give assistance to Mr. STEVENS. Mr. President, I ask vided further that when Senator GREGG education for programs which are important for the yeas and nays on Senator is recognized, Senator KENNEDY’s to our defense. BYRD’s amendment. amendment be temporarily set aside in (4) To meet the present emergency requires The PRESIDING OFFICER. Is there a order for Senator GREGG to offer a additional effort at all levels of government. sufficient second? first-degree amendment relating to It is therefore the purpose of this division to There appears to be a sufficient sec- education; further, that no second-de- provide substantial assistance in various forms to individuals, and to States and their ond. gree amendments be in order to the amendments prior to votes in relation subdivisions, in order to insure trained man- The question is on agreeing to power of sufficient quality and quantity to amendment No. 8. The clerk will call to the amendments. meet the national defense needs of the the roll. The PRESIDING OFFICER. Is there United States. The assistant legislative clerk called objection? (b) FINDINGS.—Congress finds the fol- the roll. Mr. GREGG. Reserving the right to lowing: object, is it the understanding then Mr. MCCONNELL. I announce that (1) In fiscal year 2002, the No Child Left Be- the Senator from Nebraska (Mr. that the first vote will be on my hind Act of 2001 (Public Law 107–110) was amendment and the second vote will be funded at $22,195,000,000. The Budget of the HAGEL) is necessarily absent. on Senator KENNEDY’s amendment? United States Government for Fiscal Year Mr. REID. I announce that the Sen- Mr. KENNEDY. That is my under- 2003, as submitted to Congress, proposes to ator from North Dakota (Mr. CONRAD), standing. fund the No Child Left Behind Act of 2001 the Senator from North Carolina (Mr. Mr. FRIST. That is the under- (Public Law 107–110) at $22,105,000,000. EDWARDS), and the Senator from Mas- standing. (2) The size of the maximum Federal Pell sachusetts (Mr. KERRY) are necessarily Grant is authorized to be $5,800, but because Mr. GREGG. I do not object. of insufficient funding, in fiscal year 2002, absent. The PRESIDING OFFICER. Is there I further announce that, if present the maximum Federal Pell Grant was only objection? $4,000. and voting, the Senator from North Without objection, it is so ordered. (3) State budget deficits are having a pro- Dakota (Mr. CONRAD), the Senator from AMENDMENT NO. 13 nounced effect on State education funding North Carolina (Mr. EDWARDS), and the Mr. KENNEDY. Mr. President, I send and public college and university tuition. Senator from Massachusetts (Mr. an amendment to the desk. (4) In fiscal year 1946, the share of the Fed- KERRY) would each vote ‘‘Aye’’. The PRESIDING OFFICER. The eral budget dedicated to education was 10.4 The PRESIDING OFFICER (Mr. clerk will report. percent. In fiscal year 2002, the share of the Federal budget dedicated to education was ALEXANDER). Are there any other Sen- The assistant legislative clerk read ators in the Chamber desiring to vote? 2.5 percent. On March 23, 1994, the United as follows: States Senate unanimously resolved to in- The result was announced—yeas 45, The Senator from Massachusetts (Mr. KEN- crease to 10 percent by 2004 the share of the nays 51, as follows: NEDY), for himself and Mr. DASCHLE, Mr. Federal budget dedicated to education. DODD, Mr. REED, Mr. BINGAMAN, Mrs. MUR- [Rollcall Vote No. 3 Leg.] SEC. ll. MEET THE PROMISE OF THE NO CHILD RAY, Mrs. CLINTON, Ms. MIKULSKI, Mr. JEF- YEAS—45 LEFT BEHIND ACT. FORDS, Mr. HARKIN, and Mr. LIEBERMAN, pro- In addition to any amounts otherwise ap- Akaka Dorgan Levin poses an amendment numbered 13. Baucus Durbin Lieberman propriated under this Act for part A of title Bayh Feingold Lincoln Mr. KENNEDY. Mr. President, I ask I of the Elementary and Secondary Edu- Biden Feinstein Mikulski unanimous consent that reading of the cation Act of 1965, the following sums are ap- Bingaman Graham (FL) Murray amendment be dispensed with. propriated, out of any money in the Treas- Boxer Harkin Nelson (FL) The PRESIDING OFFICER. Without ury not otherwise appropriated for the fiscal Breaux Hollings Nelson (NE) year ending September 30, 2003, $4,650,000,000 Byrd Inouye Pryor objection, it is so ordered. Cantwell Jeffords Reed The amendment is as follows: for carrying out such part, to remain avail- Carper Johnson Reid (Purpose: To provide additional funding for able through September 30, 2004: Provided, Clinton Kennedy Rockefeller education) That $2,325,000,000 of the amount of funding Corzine Kohl Sarbanes appropriated under this section for part A of Daschle Landrieu Schumer At the appropriate place in division G, in- title I of the Elementary and Secondary Edu- Dayton Lautenberg Stabenow sert the following: cation Act of 1965 shall be distributed ac- Dodd Leahy Wyden TITLE ll—EDUCATION TO SECURE cording to section 1125 of such Act: Provided NAYS—51 TOMORROW further, That $2,325,000,000 of the amount of SEC. ll. SHORT TITLE. Alexander Bond Campbell funding appropriated under this section for Allard Brownback Chafee This title may be cited as the ‘‘Trust in part A of title I of the Elementary and Sec- Allen Bunning Chambliss Education to Secure Tomorrow (TEST) for ondary Education Act of 1965 shall be distrib- Bennett Burns Cochran America’s Future’’. uted according to section 1125A of such Act.

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1024 CONGRESSIONAL RECORD — SENATE January 16, 2003 SEC. ll. HELP FOR FAMILIES PAYING FOR COL- pieces of legislation, for instance, the Now we have a chance for real LEGE. Goals 2000, which provides help and as- money. This is real money. That is the (a) ADDITIONAL APPROPRIATIONS.—The fol- sistance to localities through the lowing sums are appropriated, out of any authorization. Now we have the chance money in the Treasury not otherwise appro- States. That was the legislation that to implement what we voted for some priated for the fiscal year ending September helped develop the concept of standards time ago in terms of the No Child Left 30, 2003, for an additional amount for ‘‘Stu- which has been so important and em- Behind bill. dent Financial Assistance’’ for carrying out braced in the No Child Left Behind bill, As we look over the last years in subpart 1 of part A of title IV of the Higher with the idea that States would de- terms of where we are and what the Education Act of 1965, $1,350,000,000 to remain velop the kinds of standards they record is in this body on various edu- available through September 30, 2004. thought necessary for each grade in cational funding, the reason this is so (b) MAXIMUM PELL GRANT.—Notwith- that particular State. important is that we find there has standing any other provision of this Act, the What No Child Left Behind tried to maximum Pell Grant for which a student been a strong element in this body that shall be eligible during award year 2003-2004 do was say these are the standards es- believes there is no role whatsoever for shall be $4,500. tablished by the States, this is the cur- the Federal Government in the field of SEC. ll. RESTORATION OF FUNDING FOR EDU- riculum for teaching those standards, education. I understand that. I respect CATION. and these are the tests to try to make that. I differ with it. I think most par- Section 601 of Division N shall not apply sure those children are learning what ents want to see their children learn. with respect to programs funded under title was intended they should learn, and They want to see smaller class sizes as III of Division G. then these are the supplementary serv- we have seen in recognizing the distin- Mr. KENNEDY. Mr. President, as all ices to try to help those children who guished Presiding Officer’s State of of us in this Chamber understand, and are falling further behind. Tennessee which has moved to get perhaps those American citizens who That was the concept in the No Child smaller class sizes. They want well- are watching this debate do not under- Left Behind bill. Nonetheless, the good qualified teachers. They want after- stand, this matter that we are consid- work of the Goals 2000 made an impor- school programs to help and assist the ering is also the instrument by which tant downpayment. students who are falling further be- There was also the efforts of the we are going to fund the support for hind. They want that certainly. They School-to-Work Program to assist educational programs. The amendment need that kind of a program. They some of the children who might have which we offer is directed primarily at want some help and assistance for lim- been dropping out. We have close to the title I parts of the educational pro- ited-English-speaking students to help 500,000 children a year who drop out of grams. It also has an important addi- and assist those individuals. They want school, who think they can not make it tion in terms of the Pell provisions to make sure when these children, who academically. This program provided which make such a difference to chil- may come from limited resources, also help and assistance when they went dren who have considerable ability but have an opportunity to continue their lack financial support. from school to work. We have had strong success in a number of different education in terms of help and assist- I wish to review very briefly where ance with either Pell grants and loan we have been in terms of the funding of areas, and continue to, even though the legislation has expired. programs. They work hard during the education. The Federal role in the area course of the summer and they may of education has been limited but very We had additional educational funds in the AmeriCorps and in the direct want to take out some loans to con- important. It goes back to the early tinue their education. I think that is mid-1960s when the Congress and the loan program to try to provide help and assistance to children in higher what the American people expect. President at that time made a decision education—a whole range of HOPE There should be no mistake about it. that it was in the national interest to scholarships, and lifelong learning In this body, we have had a long, hard try to provide some help and assistance scholarships for educational efforts battle in getting adequate funding in to the neediest and poorest children of during that period of time. education. this country, recognizing that edu- Nonetheless, if we look back over the In considering the No Child Left Be- cation was a local and State responsi- focus and attention of where this insti- hind bill, we have a great sense of ex- bility. And they continue to remain tution has been in funding educational pectation for the children in this coun- the responsibilities for the localities programs, it is not a strong record. try. No Child Left Behind said to the and the States. But, nonetheless, the I wish to review very quickly as we young people in this country: We will issue of very poor children in our soci- put into perspective the needs of this do our best to give you a well-qualified ety was a matter of national interest amendment, which adds some $6 billion teacher, smaller classrooms, and help and national concern, and so we tried to the overall omnibus bill, meaning and assistance when you need it. And to fashion an educational program to we would have $16 billion in the title I we are going to be committed to trying provide assistance so those children program and which effectively is what to assist you to continue your edu- would not be left out and left behind. our conference committee agreed to cation. That was, basically, the reason for when we reported out and accepted the We put strong responsibility on the the development of the title I program No Child Left Behind bill that the children. We put strong responsibility in the mid-1960s. President signed. on the schools that if they are failing, In the 1960s, as that went through the In my opening comments, looking at they have to reorganize or restructure Senate and eventually went to the the figures, I mention to the body the themselves or there will be action by House of Representatives, the formula amendment that was offered by my the States. We put responsibility on for the implementation of that pro- friends and colleagues from Con- the parents with the report card to in- gram spread those resources far and necticut and Maine. During authoriza- form parents how their children are wide. Rather than being really targeted tion of the No Child Left Behind bill, performing. We have even involved the on the neediest children, it was spread we took the time to consider the Dodd- parents in a variety of educational al- among a broader area. The actual re- Collins amendment which would have ternatives, all of which have been rec- sources that went to aid the neediest provided $18 billion. That was agreed to ommendations and experiences which children was very little, sometimes by 79 Members of this body. It had 29 we have found to have benefited the $100 or $200, but essentially small, gen- Republican votes supporting that in- children left behind. erally speaking. crease of $18 billion as the total We have to ask ourselves today, who In the review of the effectiveness of amount in title I. This is $16 billion. is failing in meeting their responsibil- title I, we have seen over a long period We are going to find out this afternoon ities? It is right here in the Congress of of time that hasn’t produced the kinds whether there is that kind of commit- the United States that we are failing of results that many of us had hoped ment so clear from the debate and dis- the children of America. This omnibus would be achieved. We have seen a cussion and vote that we had on May 3 bill is failing the children of America. number of different steps that were which provided 79 votes in favor of With this amendment we have an op- taken during the Clinton administra- that, with virtually no Democrats vot- portunity to provide the kind of assist- tion where we had a variety of different ing in opposition to it. ance to the children all across this

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1025 country that the No Child Left Behind appropriated by the Congress and Sen- That does not even take care of infla- bill was intended to provide. ate of the United States. That is what tion. That is effectively a cut. This has been a long and continuing this debate is all about. Let me show you what has happened struggle. Many of us can remember, When we talk about these figures, we over the previous years in education. going back to 1995, when we had al- are not just talking about dollars— Let me just show you what has hap- ready appropriated funding in the area hundreds of millions or billions of dol- pened over the last several years in the lars—we are talking about making sure of education, and there was actually a areas of education funding. This chart qualified teachers get in those class- rescission offered by the new Repub- includes total education. Going back to rooms. That is what money represents. lican leadership for moneys going to 1997, a 16-percent increase; 1998, 12 per- It is not just spending; it is providing education of $1.7 billion. And we were cent; 1999, 12 percent; 2000, 6 percent; qualified teachers. It means smaller able to get $1.1 billion restored with 2002, 19 percent; 2002, 16 percent. the Democratic support. classrooms and afterschool programs The next year, there was a $3.9 bil- and assistance to students with limited Now, the administration’s budget is lion reduction in the cut in the Repub- English. at 2.8 percent—the lowest we have had lican House of Representatives. We, the We do not have the construction over this whole period of time. This is Democrats, were able to restore $3.5 money in here that we had in the pre- when we have the most important edu- billion. It was repeated again in 1997. It vious administration. So we effectively cation legislation before the children was repeated again in 1998. In 1999, the made a contract with the American of America. That is wrong. That is Republicans authorized and appro- people. We said: Look, we will pass No wrong. And that is what we are at- priated $2 billion below what the Presi- Child Left Behind. We had made a con- tempting to address. dent requested. And then, after tough tract with the parents, with the stu- This is, as I mentioned, under the De- dents, with the States, with the local negotiations, President Clinton was partment of Education, 2.8 percent. I communities, and we were signatories. able to get the $3.6 billion. And the list mention this because we will hear oth- The President was a signatory. Every goes on. ers talk about: Oh, we have the largest Member of this Congress, at that time, I want to bring to the attention of increase we have seen in recent times. was a signatory with their vote. There the Senate, and our friends who are were a handful of Members who voted Listen to this. I have here a page, watching this debate, these figures. in opposition, but those who voted in which I will print in the RECORD, enti- This is what was actually offered by favor were signatories to that par- tled ‘‘Labor, Health and Human Serv- the President of the United States. In ticular proposal. ices, Education and Related Agencies the year 2000, he asked for a $2.5 billion So we are looking, effectively, with Appropriations.’’ It says: ‘‘Republican increase, and we stood for, with the re- the report that we have before us, at an House Appropriations Staff Document form, $7.7 billion. increase of $1.7 billion instead of the Accompanying [their bill] H.R. 246.]’’ We are going to hear a lot about in- amount that was requested, $1.4 bil- If you look down at ‘‘Total: Elemen- creases over 2002. Let’s remember lion. We will hear a good deal on the tary and Secondary Education Act pro- theirs was $2.5 billion and this was $7.7 floor of the Senate about what kind of grams,’’ there is a cut of $89.655 mil- billion. Then, this year, they asked for increase this is, what kind of increase lion. So a $90 million cut right here in $1.4 billion, which is 2.8 percent above it isn’t, that it is a large increase or the effect of their program, a $90 mil- what was asked for in the previous that it is really just a small increase, lion cut, because their funding does not years. as I have described it. even meet the education inflationary I want to say, right at the outset of I have here the Department of Edu- needs. this debate, money isn’t everything, cation Fiscal 2003 Budget Summary. It but it is a pretty clear indication of a says on page 2: The President is re- Mr. President, I ask unanimous con- nation’s priorities. That is what this questing $50 billion in discretionary ap- sent that the item to which I just re- debate is about: a nation’s priorities. propriations for the Department of ferred be printed in the RECORD. That is what the omnibus bill is about: Education, an increase of $1.4 billion or There being no objection, the mate- reflecting the Nation’s priorities in the 2.8 percent over the 2002-enacted level. rial was ordered to be printed in the amount of moneys that are going to be So 2.8 percent over the 2002 level. RECORD, as follows: Labor, Health and Human Services, Education and Related Agencies Appropriations [$ in 000s]

Difference Difference FY 2002 President’s President’s Difference House bill comparable budget re- House bill request/2002 House bill/ President’s quest comp. 2002 comp. request

Research and Statistics: Research ...... D 121,817 175,000 140,000 +53,183 +18,183 ¥35,000 Regional Research Laboratories ...... D 67,500 67,500 67,500 0 0 0 Statistics ...... D 85,000 95,000 95,000 +10,000 0

Assessment: National Assessment ...... D 107,500 90,825 90,825 ¥16,675 ¥16,675 0 National Assessment Governing Board ...... D 4,053 4,682 4,562 +509 +509 0 Subtotal: Assessment ...... 111,553 95,387 95,387 ¥16,166 ¥16,166 0

Total: Research and Statistics ...... 385,870 432,887 397,887 +47,017 +12,017 ¥35,000 Multi-year Grants and Contracts ...... D 58,000 0 0 ¥58,000 ¥58,000 0 Total: ERSI ...... 443,870 432,887 387,887 ¥10,983 ¥45,983 ¥35,000

Departmental Management: Program Administration ...... D 418,798 411,795 411,754 ¥7,003 ¥7,003 0 Office for Civil Rights ...... D 79,666 86,276 86,276 +6,610 +6,610 0 Office of the Inspector General ...... D 38,588 41,000 41,000 +2,412 +2,412 0 Total: Departmental Management ...... 537,052 539,071 539,071 +2,019 +2,019 0

Student Aid Administration: Administrative Costs ...... D 0 932,000 105,388 +932,000 +105,388 ¥826,612 Federal Direct Student Loan Reclassification (Legislative proposal) ...... D 0 ¥795,000 0 ¥795,000 0 +795,000 Total: Elementary and Secondary Education Act programs ...... 22,222,794 22,133,139 22,292,239 ¥89,655 +69,445 +159,100 Total: Departmental of Education ...... 52,416,982 52,843,371 52,843,371 +426,389 +426,389 0

Current Year ...... 37,405,681 37,832,070 37,832,070 +426,389 +426,389 0

FY04 ...... 15,011,301 15,011,301 15,011,301 0 0 0

Related Agencies: Armed Forces Retirement Home:.

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1026 CONGRESSIONAL RECORD — SENATE January 16, 2003 Labor, Health and Human Services, Education and Related Agencies Appropriations—Continued [$ in 000s]

Difference Difference FY 2002 President’s President’s Difference House bill comparable budget re- House bill request/2002 House bill/ President’s quest comp. 2002 comp. request

Operations and Maintenance ...... D 61,628 61,628 61,628 0 0 Capital Program ...... D 9,812 5,712 5,712 ¥4,100 ¥4,100 0 Note.—This document is an unofficial staff description of Appropriations Committee activities.

Mr. KENNEDY. Mr. President, this is cation is absolutely crucial in terms of the commitment made by most of us to all against a background of what is children. And that is effectively what that dollar amount. happening out there in the States. Six the title I program is all about, trying We have all heard the language and months ago, we thought the States had to intervene in the early years. the rhetoric over the last several years about a $45 billion shortfall; now the We have tried to coordinate the Head about leaving no child behind. Nothing best estimates are $90 billion. A con- Start Program with the first year of could be more important to the well- servative estimate is that a third of education training and with the title I. being of this country than to see to it those budgets are education budgets, We have made efforts and we will make that we make the necessary invest- divided between higher education and more of an effort this year on reauthor- ments our children will absolutely need elementary and secondary education. ization. We tried in the last Congress, if they are going to have the quality of But that is $30 billion that is going to with the last reauthorization, increas- education necessary to maximize their be withdrawn from the States in terms ing and enhancing the quality of the potential in the 21st century. I can’t of education. Head Start Program, and we are going think of a better way to begin that ef- We have an administration program to try and bring this into greater con- fort than by providing the resources which is effectively cutting back on formity in the course of this year. But necessary. the title I at the same time that we are all of our efforts are going to be weak- We have already seen the budget considering the largest tax reduction ened dramatically if we are going to cuts, some $4.6 billion short of the in the history of the country—$670 bil- fail to meet even our minimum respon- promise made when the President lion now over the next 10 years. When sibilities to the children by investing signed into law the $16 billion author- you add on the costs of carrying that and restoring this kind of commit- ization level. Yet hardly before the ink out, another $300 billion. So it is close ment. was dry on that commitment we saw to $1 trillion. And the administration The amendment which we offer today the cuts come in. How many of us re- cannot find $16 billion out of that $640 will invest $16 million in the title I pro- member the President traveling around billion tax cut, much of it going to the gram. It was passed overwhelmingly, in the country, celebrating this major wealthiest individuals in this country, a bipartisan way, on the reauthoriza- first initiative of his administration, to say: Let’s invest in what America tion. I am hopeful we can have bipar- proud of the fact he had built bipar- was proud of when the President of the tisan effort when we vote later in the tisan support for dealing with the edu- United States signed the No Child Left afternoon. By doing so, we will live up cational needs of America’s children. Behind bill. to our commitment and meet our re- What a great irony to find ourselves How do you explain that? How do you sponsibility in the contract of No Child back here in this Congress arguing explain that to parents in this coun- Left Behind. with the administration about restor- try? How do you explain that? This is The PRESIDING OFFICER. The Sen- ing some funds to a program that was an institution of choices. We have ator from Connecticut. so highly celebrated by them. choices. We have choices here this Mr. DODD. Mr. President, I note the This is an issue that should not di- afternoon. And we have the recogni- presence of several of my colleagues. I vide Americans by ideology or party or tion, when all is said and done, that will not take long. partisanship. I do not know of a single this proposal before the Senate of the I commend our friend and colleague citizen who believes we can continue to United States is $10 billion less than from Massachusetts for offering this prosper and grow as a people while si- what was generally agreed to in the amendment. He mentioned at the close multaneously depriving the youngest last Congress by Republicans and of his remarks how this body in the of our citizens the opportunity to ac- Democrats, reflected in a vote of 59 previous Congress had voted some $16 quire the skills necessary to do what Senators but agreed to as being the billion in authorization moneys for will have to be done to make us a target figure for the appropriators. title I. That amendment was offered by strong and prosperous Nation in the This bill is $10 billion less. Repub- myself and my colleague from the 21st century. licans voted for that higher number. I State of Maine, Senator COLLINS. We We all know how painfully difficult it am not asking to exceed it. I am just received 79 votes on that amendment, a is to provide that opportunity of edu- saying, instead of $10 billion, let’s fund recorded vote, supporting the $16 bil- cation today at the local level, with education including title I programs lion figure to authorize the title I property taxes being the major source and the Pell grants and use up $6 of funds. of funding for educational needs, and in that $10 billion, which would move us a What we are doing here today with some areas State budgets also con- little closer to what we voted for. this amendment is merely trying to tribute. It is incredible to me that we Is that so irresponsible? Is that so confirm once again the Senate’s com- contribute less than 2 percent of the outrageous, when we have the kind of mitment in the previous Congress to entire Federal budget to the elemen- need and opportunity taking place all that dollar amount. My colleague from tary and secondary educational needs across the country? This is a matter of Massachusetts has laid out the sub- of our students. About 6 cents on the enormous importance to the children. stantive arguments—in fact, even gone education dollar comes from the na- I see my colleagues on the floor who back and reminded us of the history of tional Government, and the over- want to speak. Let me wind up this our efforts to try and get additional whelming burden falls on local prop- phase quickly. funding for the critical area of elemen- erty taxpayers. We know that the earlier the inter- tary and secondary education. I rise to We have been debating the issue of vention in terms of children, the better support this effort and hope once again affirmative action and the President’s the opportunity that they will have a for the same spirit that imbued this decision yesterday to oppose the plan successful education. We are not talk- body only a Congress ago, when 79 of us at the University of Michigan. I will ing here about early education, which I thought this was so important we find another moment and time to ad- hope later in the session we will be able ought to support the authorization fig- dress that issue head on. But let me to address in a bipartisan way. Hope- ure of $16 billion. You now have an op- suggest to the President and others, if fully we will. But all of the Academy of portunity, albeit a bit late, but none- you want to know why there is a need Science’s studies show that early edu- theless an opportunity to reconfirm for affirmative action, you merely have

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1027 to look at how we spend money when it I yield the floor. pected inflation. Inflation is not going comes to elementary and secondary The PRESIDING OFFICER (Mr. to be much; it is expected to be 1.8 per- education and on title I. If you are CRAPO). The Senator from New Mexico cent. But even with that, we are not wondering why a child entering college is recognized. providing the funds to make up for it. may need some further consideration Mr. BINGAMAN. Mr. President, I The only significant increases for edu- when it comes to accepting them or re- also want to speak in favor of the cation in the bill are a billion dollars jecting them to a higher educational amendment my colleague from Massa- for title I and a billion dollars for opportunity, consider what we do at chusetts, Senator KENNEDY, has of- IDEA. the earliest stages of their educational fered. I commend him and Senator This bill—like the President’s budg- development. HARKIN, in particular, for the leader- et—makes those increases at the ex- In most States in this country, if you ship they have shown in trying to pense of other very crucial programs. go to the inner city urban schools, you maintain an adequate level of funding In addition, even with the increase for will find that 35 or 36 percent of the for education. I am proud to be a co- title I—the program targeted on dis- teachers are not certified to teach the sponsor of this amendment and the tricts and schools with large numbers course the children are taking; whereas amendment Senator HARKIN will offer of our most disadvantaged students—in Statewide, in the more affluent com- later today. this bill, the program is $4.6 billion munities, those numbers are dramati- The pending omnibus appropriations short of the levels agreed to on a bipar- cally lower. bill we are debating on the floor is woe- tisan basis when we passed the No We should be doing everything we fully inadequate when it comes to Child Left Behind Act. can. If you want to eliminate affirma- funding education. Senator KENNEDY The proposed funding level will not tive action, then you better begin here and Senator DODD have just pointed be sufficient to keep pace with the with the amendment offered by the out that last year, with great acclaim, growth in child poverty. It will mean Senator from Massachusetts, to make we passed the No Child Left Behind that over 6 million poor children will it possible for every child to have an Act, and I supported that. I believe in fact be left behind. equal opportunity to learn. Today, there are accountability provisions in If we truly intend to leave no child given the disparities in our commu- that act that will move us in the way behind, then education funding, par- nities based on the wealth, the poverty, of implementing major changes in our ticularly targeted at this group of dis- or affluence of those communities in- educational system and will bring us a advantaged children, needs to be our creases the likelihood of an edu- long way toward ensuring equal edu- top priority. cational opportunity. It should not be cational opportunity for all children in The increase for IDEA is also insuffi- a question of where you were born as to this country. cient. I am sure people will come to the whether you will have a right or an op- What we were starting to do with floor today and say, no, we are increas- portunity to succeed. We ought to be that act, as I understood it, was to ing IDEA. At the rate of increase pro- doing everything we can to see to it work in partnership with States and vided for in the underlying bill today, that every child, regardless of the cir- local governments to see this improve- it will only take us 33 more years to cumstances of their birth, will have an ment occur, and part of that partner- get to the level we promised the Fed- opportunity to achieve to their max- ship was that we would help provide re- eral Government achieve when we en- imum potential. sources to the schools and the teachers acted that program. That is covering 40 We bear no responsibility to guar- so that those children could succeed. percent of the cost of that program. So antee success. We bear every responsi- The President’s budget abandoned the funding level in this year’s bill is a bility to see to it that there is an op- that effort. This bill that we have on mere 17 percent of those costs. portunity to succeed or fail. That is all the floor today—although it is slightly The pending amendment would go a we are trying to do in this one area of better than the President’s budget— long way toward ensuring that no title I and Pell grants which the Sen- also abandons the promise to leave no child, in fact, will be left behind. If ator rightly has added to the amend- child behind. Senator KENNEDY’s amendment pre- ment. Like the President’s budget, the vails—which I hope it will—we will I can’t recall a prouder day in the pending bill underfunds the No Child have over 2 million more needy chil- last Congress than when we stood here, Left Behind Act by several billion dol- dren who will be fully served by the 79 of us, and Senator COLLINS and I of- lars. I do think the context is impor- title I program. It will provide suffi- fered that amendment. tant here. The context is the one to cient funding to hire 50,000 fully quali- Many thought we could not pass it. which Senator KENNEDY referred. We fied new teachers. It will provide after- But 79 of us here said we ought to do are being urged as a Congress and a na- school opportunities for a million more this on title I. I hope the Members who tion to embrace some $660 billion or children. Every one of the 10,000 cast the vote that day, as they walk $670 billion worth of new tax cuts. At schools currently identified as not into this Chamber in the coming hour the same time, we are being told now meeting the standards provided in the or 2, will recall how they felt when there is not enough money to ade- No Child Left Behind Act will be able they actually voted to see to it that we quately fund the No Child Left Behind to implement research-based school re- maximize the dollars necessary to sup- Act: We cannot make good on the form models. There are 200,000 college port this critically important program promise that we made when we passed students nationally who will be able to and cast a ballot again today in this that act because we cannot afford it, receive a Pell grant to defray the cost Congress to see that we have full fund- but, by the way, why don’t you speed of college. So this amendment can ing for title I and the necessary dollars up and pass this $660 billion tax bill, make a great difference. to support the Pell Grant Program, which is really focused on assisting Let me give a few statistics about my which will make it possible for chil- those who are the best off in our soci- home State of New Mexico, and then I dren of modest means to achieve a ety. will yield to my colleagues who also higher education which, in the absence So you have an interesting juxtaposi- wish to speak on this important of this amendment, would be difficult tion, where tax cuts are targeted at the amendment. to do. wealthiest versus having adequate This amendment will provide the Al- This is important to children at both funding for programs to benefit our buquerque Public Schools $9.8 million the elementary and secondary school most disadvantaged children. That is in increased funding. In my home levels. It is important to the security the choice we are going to have to State, we will receive approximately of America. Our security is directly make in the Senate this afternoon. $54 million under this amendment; 1,400 linked to the wellness and ability of Unlike the President’s budget, this more college students will be eligible our children to acquire the educational bill has a small increase for programs for a Pell grant in New Mexico and skills they will need. This is a national authorized in the No Child Left Behind over 42,000 grant recipients will receive security issue, not just an education Act—an increase of $400 million. But a substantial increase. issue. I look forward to supporting this that funding level will mean a signifi- This is an important amendment for amendment when the vote occurs. cant cut in services because of ex- my State, and it is an important

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1028 CONGRESSIONAL RECORD — SENATE January 16, 2003 amendment for all the schoolchildren of our country if it was funded on a tin But the sad truth is that this appro- in the country. I urge my colleagues to cup budget. I fear this appropriations priations bill shortchanges all of Amer- support the amendment. bill will prove him right. ica’s students. We have spent so much I yield the floor. By providing only an inflationary in- time talking about how we can hold The PRESIDING OFFICER. The Sen- crease in education funding while sig- teachers, administrators, and parents ator from Washington is recognized. nificantly raising the demands on our accountable for doing their jobs well. I Mrs. MURRAY. Mr. President, I also schools, we have reduced America’s think we ought to focus on how well we come to the floor to support the ex- students to begging for the Govern- are doing our job, and that means mak- tremely important amendment offered ment’s spare change to finance their ing good choices for our children and by the Senator from Massachusetts, future. investing in their futures. which is offered to ensure that all stu- Setting a high bar is important, but At a time when we are and should be dents get the educational resources setting a high bar and failing to give demanding more than ever from our they deserve. kids the resources to succeed is just schools, we must not slow down the This amendment funds title I at the setting them up for failure. Federal investments in our schools. We level we agreed to when we passed the The appropriations bill before us of- must not abandon our commitment to No Child Left Behind Act and increases fers the smallest increase in education help reduce class sizes and provide Pell grants so we can help more low-in- funding in 7 years. It freezes the State quality teachers. We must not continue come students afford college. This is grants that reduced class size and im- to shirk our responsibility to disadvan- the minimum investment we need to proved teacher quality and, as a result, taged students. make if we truly are going to leave no no new teachers will be hired and fewer The Republican bill freezes our child behind. teachers will get professional develop- progress. That is why we have offered Leaving no child behind is a noble ment. this amendment. That is why Senator goal, one that we all endorse. But it is This bill does not fully fund our KENNEDY has offered this amendment: a travesty to use the mantra of the share of special education costs, failing To provide the resources that parents, Children’s Defense Fund as a cover for yet again to fulfill that commitment teachers, and students need. policies and budgets that hurt rather to our communities, our schools, and This amendment will ensure more than help American students. Make no our disabled students. And it falls far children start school ready to learn. It mistake, the bill before us, based on short of title I funding we included in can help children learn in smaller, well the President’s budget, will leave stu- the No Child Left Behind Act because disciplined classes by hiring 50,000 fully dents behind. we knew it was necessary to help our qualified teachers so we can reduce the I find it particularly incredible that students succeed. size of classes. It will help our local We know what the needs are. We at the same time the President and his districts that are badly in need of help know what works to help our children friends in Congress are pushing for a right now to ensure there is a high succeed. And we also know that mak- $674 billion tax cut, they are insisting quality teacher in every classroom. It ing college affordable is critical to that we provide less money for the edu- could allow communities to offer more helping students succeed and to help- cation of our children. afterschool programs to keep 1 million ing our economy grow. Senate Demo- Look at title I. Title I pays for things additional latchkey children safe and crats have worked to increase funding such as books, teachers, tutoring, and learning, and it would help more Amer- for Pell grants. In fiscal year 2002, preschool for our most needy students. icans afford college at this critical while the Bush administration pro- The President and his party are saying time. posed no increase in Pell grants, Sen- Mr. KENNEDY. Will the Senator that we can no longer afford the $1.5 ate Democrats increased the top limit yield on that point? billion increase slated for title I last from $3,750 per year to $4,000 per year. Mrs. MURRAY. I will be happy to year, yet we can afford to give $20 bil- Again this year, the President pro- yield. lion to 226,000 millionaires. posed no increase in Pell grants. It is a Mr. KENNEDY. I was listening to the One year ago, when we passed the No good step that this bill includes a small Senator. I see my colleagues who have Child Left Behind Act, we agreed on increase for Pell grants, but it is not not spoken. I will only take a minute. new sweeping requirements and man- nearly enough to meet the rapidly ris- I was listening to the Senator talk dates. We also agreed that title I would ing needs. In my home State of Wash- about opportunities for young children need to be funded at $16 billion this ington, our legislature cut $1.6 billion to go to college. I have here a chart year for schools to meet those require- out of their budget last year. This year which indicates the average requested ments. America’s students and their they are suffering from even deeper increase during the Clinton years was parents have entrusted us with their economic stress, and they need to cut $167. Last year, the Bush request was future. We cannot turn our backs on an additional $2.5 billion. A result of $100 in Pell grants. The Congress raised them and say we have done our part by that is tuition at our public colleges that to $250. This year it is zero. In the setting high standards and creating and universities increased 12 to 16 per- matter before us, this amendment tough accountability, and the rest is cent this year, and we could be looking raises it by $500. I want the Senator to up to you—even if you are trying to at similar increases next year. I am know, as she talks about higher edu- learn in overcrowded classrooms or really worried that students will look cation, the administration request was from unqualified teachers or you are at that increase in tuition, see no sig- zero. Last year it was $100, and we coping with crumbling school build- nificant increase in Federal aid, and raised it to $250. ings. That is what they are really say- decide they cannot afford to go to col- If this amendment is successful, it ing. lege. will be $500. There will be 200,000 new Last week, the President celebrated One of the most important things we Pell grant recipients, 4.5 million col- the 1-year anniversary of the No Child can do to ensure a safe and secure fu- lege students with Pell grants that on Left Behind Act by calling it the most ture is to help educate our young peo- average are $300 higher, and it hikes meaningful education reform probably ple. We know a college degree means the maximum Pell grant to these ever. But that reform had two parts. on average an additional $20,000 a year needy students by $500. On the one hand, it called for higher for men and an additional $15,000 a year As she was talking about the impor- standards and accountability, and on for women. Given today’s global-based tance of higher education, after being the other hand it promised more in- economy, the gap in earnings between the leader in this body on the issue of vestment so schools could make those Americans who have a college de- smaller class size and qualified teach- progress. gree and those who only have a high ers over the years, and I believe the My good friend, Senator Paul school degree is likely to grow. Ensur- only former member of a school board, Wellstone, spent many hours on this ing that our young people have the re- as well as a teacher, it is wise that our floor reminding all of us that the so- sources to go to college is a critical na- colleagues listen to the Senator from called No Child Left Behind Act would, tional priority. the State of Washington. at best, be a sham and, at worst, a seri- Putting America’s future first means Mrs. MURRAY. The Senator from ous blow to the public school students putting our children’s education first. Massachusetts is absolutely correct.

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1029 On his point on the Pell grants, I re- No Child Behind. These connections implementing the legislation because mind us again that our States are suf- must be made. it sets out other priorities that we can fering severe budget crises. Some peo- There is a tendency to look at the accomplish to succeed in strengthening ple estimate as much as a $100 billion tax side as though it is somehow some- our society to the benefit of everyone. shortfall in our State legislative budg- thing separate, but the fact is, the It is a clear choice of priorities, what et this year. Those State legislatures President wants to commit scarce re- we are going to put first. are going to have to look toward in- sources, given our fiscal position, to I think most of the American people creasing revenue in their States at this the tax cut to benefit the very wealthy would put education first, recognizing difficult time because they have to bal- at the same time that he is unwilling that it not only benefits the students ance their budget. Many of those to commit the resources in order to who gain the education but benefits States will do as my State has done— fund the educational programs. the society generally. We all draw a raise college tuition. At the same time, Mrs. MURRAY. The Senator from benefit from having a well-educated so- if we do not have Pell grants available Maryland is absolutely correct. The ciety with people who are able to work to students under this appropriations President is asking for a $674 billion to the very limits of their capacities. bill presented to us, we are going to tax cut that essentially means we can Mrs. MURRAY. I thank the Senator have kids say: I cannot afford to go to no longer afford the $1.5 billion in- from Maryland for his comments be- college. That is the wrong message for crease to title I funds that we promised cause I think they are essential to this our students at this time in our Na- in No Child Left Behind at the same debate. I also thank the Senator from tion’s history. time he is giving 226,000 millionaires a Massachusetts. Mr. SARBANES. Will the Senator $20 billion tax cut. Mr. KENNEDY. Will the Senator yield for a question? Mr. SARBANES. Absolutely. yield for one more observation and in- Mrs. MURRAY. I will be happy to Mr. KENNEDY. On this point, will dicate whether she agrees, and I hope I yield. the Senator give a reaction to this par- have the attention of the Senator from Mr. SARBANES. It is my under- ticular chart? This chart provides a tax Maryland. standing in some schools they are cut- cut for the top 1 percent versus the I will read these words. It will take ting back the school week from 5 days Leave No Child Behind. This is the less than a minute. to 4 days because they have inadequate point the Senator from Maryland made The security of the Nation requires the resources. so eloquently. That amounts to a $180 fullest development of the mental resources and technical skills of its young men and Mrs. MURRAY. The Senator is cor- billion tax cut for the top 1 percent women. The present national security emer- rect. Many State legislatures are look- versus No Child Left Behind. gency demands that additional and more ing to cut back the school week be- Mr. SARBANES. That is the top 1 adequate educational opportunities be made cause of lack of resources for education percent of the income and wealth scale; available. The defense of this Nation depends at this time because of the effects of is that correct? upon the mastery of modern techniques de- the economy. Mr. KENNEDY. The Senator is cor- veloped from complex scientific principles. It Mr. SARBANES. Would the Senator rect. depends as well upon the discovery and de- agree with me that you cannot give Now, this is the choice for the Sen- velopment of new principles, new techniques, and new knowledge. meaning to the Leave No Child Behind ate. We can fully fund No Child Left We must increase our efforts to identify legislation, which not only did the Behind, reach the 10.8 million children and educate more of the talent of our Na- President sign but made a great to-do all across this country; we can provide tion. about signing it? He traveled around for universal afterschool programs, That was President Dwight Eisen- the country and said this was his com- provide the needed resources to assist hower in 1958. Those words are the mitment to education, but you cannot those children who need the extra help same words that we need today when make a reality out of what that legis- and assistance in afterschool programs. we are talking about the defense of our lation contains if you do not provide We can make sure there is a qualified country as well, and that had virtually the resources with which to carry it teacher in every title I classroom in unanimous support in this body at that out. Would that not be the case? America, and provide help and assist- time in 1958. That is the same principle Mrs. MURRAY. The Senator from ance for the English instruction to we are trying to support with this Maryland makes an absolutely critical every LEP child, every child who needs amendment today. point. He knows as well as I do that we language training in English. Mr. SARBANES. Absolutely. sincerely miss Senator Paul Wellstone We have the alternative of funding Mrs. MURRAY. I thank the Senator who I know would be sitting next to the tax cut for the 1 percent, the from Massachusetts for that statement Senator TED KENNEDY—actually, he wealthiest individuals, or all of these as well. would be roaming up and down this items of the No Child Left Behind. As I finish my statement, and I know aisle saying: I told all of you this No That is the choice the Senator from the Senator from Iowa also wants to Child Left Behind hype is a sham if we the State of Washington has posed to speak, I think we have to ask ourselves do not provide the resources. Providing this body and that the Senator from are we going to let our kids go to accountability on one hand and not Maryland has underlined, and I think school in overcrowded classrooms in providing resources on the other hand it is important that our colleagues and crumbling school buildings with under- says we only did half what we prom- the American people understand what paid and inadequately prepared teach- ised. this debate is all about. ers or are we going to rise to the occa- Mr. SARBANES. What does the dis- Mrs. MURRAY. The Senator from sion and make the choices to invest in tinguished Senator from Washington Massachusetts is correct, and I appre- our children’s futures? make of the contrast that the Presi- ciate the comments of the Senator We know what the needs are out dent, while not providing the resources from Maryland. I think we should ask there. We know what helps our kids to carry through on the promises con- the millionaires in this country wheth- succeed. We need Members of Congress tained in the Leave No Child Behind er they want the tax cut or whether to stand up and put the money where legislation, is pushing very hard in they would prefer to see no child left their mouths are. every way he possibly can for a tax cut behind. My guess is many of them Parents, teachers, students, and com- for very wealthy people, what I have would prefer to make sure that the munity leaders are saying do not just characterized as the ‘‘leave no million- generation that follows them has the talk about the importance of education aire behind’’ legislation? same opportunities they have had in funding, make the tough choices to So the sense of priorities from the this country. show the American public that edu- administration is that they are deter- Mr. SARBANES. If the Senator cation is truly a priority, and that mined to try to get this tax cut to ben- would yield, hopefully many of them means giving our local school districts efit the very wealthy so no millionaire would be sufficiently enlightened to the resources they need to provide a is left behind, at the same time that perceive that by strengthening our so- first-rate education to every student in they are failing to provide the re- ciety through implementing the Leave this country by supporting this amend- sources in order to deliver on the Leave No Child—actually, this goes beyond ment.

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1030 CONGRESSIONAL RECORD — SENATE January 16, 2003 I urge the millionaires in this coun- are seeing happening in education in from earmarked programs, which he try who are looking at a tax cut to let America today is what I call ‘‘finally says is not working to begin with, this Congress know that the education the education system is meeting the which has virtually no purpose other of the next generation, the possibility marketplace.’’ More and more of our than to fund special interest activities of creating future millionaires, is far teachers are finding they can make a which is worth $90 million. The fact is more important than the tax cut they better living doing something else than there were 25 programs authorized by have been promised by this administra- what they went to school for and were the No Child Left Behind Act. tion. I urge my colleagues to vote yes trained for. That is why we have so For instance, rural education in fis- on this extremely important amend- many teachers leaving education after cal year 2003 was $162 million. This is ment that will benefit our children and two or three years, because the market part of No Child Left Behind. We do not grandchildren and their future. in the private sector will pay them want to leave rural kids behind. It is I yield the floor. more for their skills and their learning part of the bill. For this year, Presi- The PRESIDING OFFICER. The Sen- than they can get in education. dent Bush zeroed it out. He requested ator from Iowa. In my time, when I was in elemen- zero dollars for rural education. School Mr. HARKIN. Mr. President, first, I tary school and high school, perhaps counselors, $32 million in the previous thank the Senator from Massachusetts even college, there were not that many year—this is the previous year before for his great leadership on this specific opportunities for a lot of the people we had No Child Left Behind. These item, but also his great leadership on who were teachers. Most of the teach- were specifically authorized by No all issues concerning education, both in ers in those days were women. Women Child Left Behind. These are not ear- this Congress and in Congresses of the did not have access openings. You marked programs, not in the least. last 25 or 30 years. could be a teacher or a nurse and that These are authorized under the heading This amendment is one that is need- was about it. Thankfully this country, of No Child Left Behind Act. Dropout ed to meet the barest of needs of this through various Civil Rights Acts, now prevention; $11 million to zero for gift- country in terms of educating our chil- has a society where an American ed and talented. Zeroed it out. The na- dren and making sure we live up to the woman can become anything she tional writing project, of which I know commitments we made a year ago wants. So we have women who are law- the Senator from Mississippi has been when the President signed into law the yers, doctors, Senators and supportive, $14 million before, is zeroed Leave No Child Behind Act. Congresspeople, truck drivers and out. This is just a partial list of the 25 It is time to stop talking about a welders, and everything else. There- that were cut—either zeroed out or commitment to education and start fore, we do not get the teacher on the cut—under the President’s budget. proving it. All across my State of Iowa, cheap anymore like we did when I was Again, we in Congress in both the all over the Nation, teachers, prin- younger. If you want a good, qualified Senate and the House did not follow cipals, and parents are deeply worried teacher, you have to pay the money. President Bush’s lead. We put money about this new education law. They are There is no way around it. back into these programs. The fact is on edge not because they are afraid of If we want to reduce class sizes so the money we put in is now cut out by accountability—teachers and parents kids can learn better and have a better the appropriations bill we have before want their schools to be held account- learning environment, that takes some us in the Senate. The amendment of- able—but they are on edge because money. If we want to send a poor mid- fered by Senator KENNEDY puts that they are afraid the Government is dle-class kid to college, that also takes money back in. President Bush re- going to come in and label their some money. If we want to fix up our quested this $22.105 billion for all of the schools a failure without giving them broken-down school buildings—the av- programs under No Child Left Behind, the resources they need to succeed. erage age is almost 50 years old—and less than what we had the year before. People all over this country are now get the new technologies in the class- Our Appropriations Committee last beginning to see this law for what it is: room, that is not free. That costs some year bumped that up to $24.512 billion. an unfunded Federal mandate. Presi- money. Every Republican on the Appropria- dent Bush keeps saying that schools do President Bush does not want to face tions Committee voted for that. It not need more money. His attitude is that fact. As soon as he signed the No passed unanimously. The bill before more tests are needed, more unfunded Child Left Behind Act, he walked away the Senate today cuts that back down mandates; the schools do not need from the job of improving our schools. to $22.65 billion. The amendment of- more money. Take a look at this chart. There seem fered by Senator KENNEDY, of which I Well, it is a funny thing about to be mistakes made on the Senate am a cosponsor and many others are, money. It sure comes in handy when floor a week ago by my friend from brings that back up to over $27 billion, tax cuts are being given to the rich. New Hampshire. I thought I might cor- to meet the minimal requirements of When it comes to tax breaks for mil- rect the RECORD. About a week ago, I what we need around the country to lionaires, why, money seems like a was on the floor talking about how the support No Child Left Behind. pretty nice thing to have, according to President actually cut funding for The real question is, Are we going to this White House. But when it comes to Leave No Child Behind. Secretary do it? The President, we know, says, education, President Bush’s education Paige said that was not true, and the no, we do not have to. Now we are plan sounds more like that old beer ad, Senator from New Hampshire, in the fighting to make sure we live up to our the Miller Lite ad: Great tests, less RECORD of January 10, also said Sen- promise we made just 1 year ago when funding. In essence, what it is all about ator KENNEDY and Senator HARKIN had the President signed No Child Left Be- is priorities, President Bush’s priority, it wrong and that it was not cut. Just hind. As this chart demonstrates, as we have seen now, is leave no mil- get the executive branch budget book, President Bush’s request for this year lionaire behind. what he requested in funding for this for education was the lowest, 2.8 per- Instead of focusing on dividends for year. In fiscal year 2002 we put $22.195 cent, of the last 7 years. One might say millionaires, we should be focusing on billion into the programs authorized by you could live with that but for the making sure our kids can multiply and the No Child Left Behind Act. The fact a year ago the President signed divide. If we really want to do some- President’s request in the budget for into law No Child Left Behind, touted thing that will pay dividends for our this year was $22.105, a $90 million cut. it widely, said it is a new era in edu- country, we need to invest in our chil- One might say that is not much. All cation, and we are not going to leave dren. right, it is not, but my point is that kids behind, and then sends Congress a No one in this Chamber thinks right after signing the Leave No Child bill that gives us the lowest increase in money is the only answer to improving Behind Act the President submits his education in 7 years. schools. We all can come up with exam- budget to this Congress and actually I suppose maybe the President and ples and instances of chasing bad cuts the programs authorized by No others might say we will leave it up to money with good in education. But it Child Left Behind Act. the States and local schools. They just takes money to hire a highly qualified The Senator from New Hampshire got hit with the biggest Federal man- teacher. In fact, I submit that what we last week was talking about $90 million date in education in over 30 years at

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1031 the same time they are facing the made up. That is why we have to put country to go to college, that jux- worst fiscal crisis they have had since this money back, to make sure we taposed against the President’s pro- World War II. meet our commitments. posed tax plan to give more and more Again, why am I spending so much The bill before us would add just tax breaks to the richest people in this time talking about funding? I suppose I 289,000 students. We have 4.1 million country. will be accused of saying money is the out of 10.3 million needy students. The Again, as I said, it is really a matter answer to education. That is not it at Republican bill would only add 289,000 of priorities. This amendment is one all. I support accountability. I support students to that total. That does not that ought to have strong support in making sure parents of all kids, includ- even keep pace with the growing num- the Senate from both sides of the aisle. ing poor kids, get a report card and ber of needy students in this country. It is the right thing to do for our kids. know how their kids are doing so they They are falling backwards. It is the right thing to do for our coun- can hold their schools accountable. I This amendment would make it pos- try. Frankly, in the end, what it does is support the law. I voted for it. But I sible to serve another 2 million stu- it just makes us live up to the commit- voted for it because there were rep- dents—not 289,000 students, 2 million ment we made 1 year ago, to actually resentations made to us by this admin- students—by funding title I at $16 bil- leave no child behind. istration that they were going to back lion. That is the level we committed I commend the Senator from Massa- it. In fact, they walked away from it. to, if I am not mistaken, in the bill last chusetts for his leadership. I hope we I read this weekend that schools in year. have an overwhelming vote in support Portland, or may have to cut 24 days Mr. KENNEDY. That’s right. of education, making sure we do not from the school year because they have Mr. HARKIN. I ask the Senator from leave any kids behind. run out of money. More than 100 school Massachusetts, is that not the level to I yield the floor. districts in 7 States have switched to a which we committed? The PRESIDING OFFICER. The Sen- 4-day week during this school year be- Mr. KENNEDY. That is the figure ator from Vermont. cause they are out of money. that came out of the conference. That Mr. JEFFORDS. Mr. President, I join If students are not in class, they are is the figure the President agreed to the Senator from Massachusetts and not going to reach the standards we set and signed to. That, actually, is $2 bil- all the others who have come before us for them in No Child Left Behind. lion less than was voted on by 79 Mem- this afternoon supporting this amend- Right now, the Federal Government is bers of the Senate in the Dodd-Collins ment. This amendment supports fund- leaving behind 6.2 million students who amendment, which would have added ing for two significant programs, title I are not being fully served by the title $18 billion. This is $16 billion. That’s and Pell grants. I program, the main Federal program what came out of the conference. I have been in the Congress 30 years for educating disadvantaged students. Mr. HARKIN. That’s right. now and this is the worst education That is what the Kennedy amendment Mr. KENNEDY. So the Senator is ab- crisis this Nation has seen in that 30 will do, get these title I students back solutely correct. years. I will go back to some of those to where we make sure we meet the Mr. HARKIN. I thank the Senator. that we faced before. needs of these title I students. Only 4.1 Last year this Senate voted, 79 Sen- I come from the State of Justin Mor- million out of the 10.3 million needy ators voted to increase title I by even rill, a United States Senator who gave students are getting the services for more than what Senator KENNEDY has America the Land Grant College Sys- which they are eligible. proposed in his amendment. We will tem. The Land Grant College System Mr. KENNEDY. Will the Senator see how they vote today. opened the doors for college education yield on that point? There is one other aspect of this for every American child, and I am Mr. HARKIN. I am glad to yield to amendment, too, to which I just want proud of that. I am proud of Vermont’s the Senator. to address myself. It addresses the history in education. Mr. KENNEDY. As the Senator re- needs of students who cannot afford to I have spent 30 years, as I said, in members, the legislation actually is a go to college. This amendment would Congress, and this is the worst edu- guarantee that all of those children, add $1.35 billion to the Pell Grant Pro- cation crisis I have seen in that time. the whole 10 million, will reach what gram, which would make it possible to I should have known this was coming we call proficiency. increase the maximum grant award because I was the chairman of the edu- Mr. HARKIN. That’s right. from $4,000 to $4,500. Pell grants are the cation committee when it was intro- Mr. KENNEDY. That means they will key program for making sure that poor duced. I realized, as we started that it have the basic kinds of educational and middle class students have the was going to be tough. We gave the skills over a 12-year period. That was same opportunity to attend college as tests out and did a model on it and the national goal. That is what had the our wealthy students. Pell grants buy a found out every school in America, I support of the President, Republicans, lot less than they used to. In 1976 the think, failed to pass it. and Democrats alike. maximum Pell grant award paid for 84 Then I asked them who was going to Can the Senator possibly explain how percent of the average 4-year public pay for the cost of the test, to find out we are ever going to have those 6 mil- college tuition. Last year it paid for how bad you were. They said: Oh, that lion begin to even reach proficiency half of that, just 42 percent. So we have will be up to the schools. I think I fi- when, year after year, they are left out fallen far behind in Pell grants. nally won a battle and shamed them of any kind of coverage, any help—a With the economy still in a rut, more into thinking that maybe at least they qualified teacher, smaller classroom people laid off, more unemployment, ought to pay for the tests that were with supplementary services, which is two things are going to happen. More going to prove how bad they were, and guaranteed in the legislation? students would like to go to college, to they agreed to do that. Mr. HARKIN. I respond to the Sen- fine-tune their job skills and enhance Unfortunately, though, now, due to ator, it is a promise delayed. We prom- their careers. Second, more and more budget cuts at the State, local, and ise these kids and their families we are families will fall below the eligibility Federal level, those doors we thought not going to leave them behind, that line. So kids who may not have quali- we were opening are becoming closed. they are going to have good teachers, fied for Pell grants in the past will now We have the worst education crisis in good education—but not these kids, qualify because their parents are un- this Nation in 60 years. not this year, maybe not even next employed, or not employed full time. Pell grants are important avenues to- year but sometime in the distant fu- So the demand in the Pell grant pro- ward making higher education avail- ture. But in the distant future these gram will go up as the economy con- able. The amendment before us will in- kids will be out of school and they will tinues to slow down. The Kennedy crease higher education opportunities be ill-educated. They will not be fully amendment would provide 4.5 million for today’s students who will be tomor- productive members of our society. A college students an average increase of row’s workforce. day lost in education today is a day $300 a year. The worst crisis we had was at the you cannot make up. A year lost to Think about this, think about $300 a end of World War II, where thousands these students is a year that cannot be year for the neediest students in this of young people came back. I was a

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1032 CONGRESSIONAL RECORD — SENATE January 16, 2003 young person at that time. But I know cation Act, which concentrated on join my colleagues who have so elo- that my neighbors came back and they teacher preparation for math and quently expressed in their own ways had been interrupted in their studies in science, and title I which realized the and in their own words why this is so high school. They had been interrupted importance of providing education re- important. going to college. So we had a crisis of sources to our children so economically Let me give you just three reasons a magnitude that was even worse than disadvantaged children could also re- why I think it is very important, crit- today. Hundreds of thousands of young ceive a quality education. We gave ical, and essential that we have this people came back without any high them an opportunity, and we succeeded amendment, or something similar to it, school education. With huge increases in doing what had to be done to get the and continue to fight for full funding. in Federal funds we made at that time, quality of our education up. No. 1, it is important that this Sen- we finally got a sufficient amount of Now we jump back to World War II ate and this Congress in a bipartisan money into the system to allow the again and the horrible problems we had way continue to push for reform. We creation of junior colleges all over this in education when hundreds of thou- must not fail in that effort or we will Nation, and allowed people to get back sands and perhaps millions of young not be able to reform our schools, to try to make up all they had lost. people arrived without the opportunity whether the schools are in Louisiana, So we have experiences of how it is to to have had even a high school edu- Mississippi, Massachusetts, Vermont, react to crises and that we can react if cation, to say anything about higher or California. We cannot continue to we have to. Our higher education insti- education. We found that we had a cri- encourage them and push them to re- tutions are the envy of the world. Yet sis of great magnitude about which we form in excellence and greatness if we we have so many individuals who grad- had to do something. We did. We made don’t help fund them. uate high school first in their class and the highest increase in educational No. 2, I think it is important that as so desperately want a higher edu- spending that probably will ever be an adult, as a citizen, as a mother, and cation, but the means are not there for made because we increased it from 2 as a Senator we keep promises when we them to make that goal a reality. That percent of the Federal budget to 10 per- make them. We are, unfortunately, in is a sad situation. cent of the Federal budget—a huge in- the process, with this administration A similar crisis existed in this Nation crease. leading us, to cause us to break a in the 1960s, when the Sputnik launch It worked. We were able to make sure promise. We shouldn’t be breaking our came. All of a sudden, we who thought those young people could flourish and promises to anyone, let alone the chil- we were the best in the world in that this country could flourish and dren, the schoolchildren and the stu- science and all found that a Sputnik that it could be the economic wonder it dents and their parents and families at was raised into the sky by Russia, and turned into. But now we are in a simi- a time such as this. We simply we recognized that we were defenseless lar situation which we need to do shouldn’t break our promises. against that. Our institutions of higher something about. The President is wrong to break his education rallied due to some good To give you an example of the com- promise to the schoolchildren and to strong economic help. They became the parison of what our Federal Govern- the families and to the Americans best in the world. Federal funds were ment pays for education with the rest when he did not sign the act that those provided to make that possible. of the world, almost all of our eco- of us on both sides of the aisle helped Instead of being behind the eight nomic competitors pay a substantial to craft. He just simply should do that. ball, we had thousands and thousands percentage of the local school money. He doesn’t have to do it because there of students coming from all over the In Japan and other countries, 40 per- is money enough to fund it. It is a mat- world to come to our institutions of cent of the money that goes to the ter of priority. higher learning, to pass and to be ready local schools comes from their federal A third good reason why we shouldn’t to bring this country up to a position government. What is it in the United go down this path is that if we want to where we could hopefully be able to States? Right now, less than 2 per- promote long-term stimulus, which I head off attacks by missiles. cent—right around 2 percent—of the actually believe we should—I believe in But we have slipped again. Our moneys for local schools comes from short-term stimulus, and there are a schools are in dire need, and it is per- the Federal Government. We need to number of things that would do that— haps the worst position we have been recognize that our schools are having the tax cut for dividends is not one of in since World War II. deep financial problems. them, but there are many ways that we Last week we celebrated the 1-week We have to, as every other country could do that. anniversary of No Child Left Behind— has, recognize the modern needs and But one of the things that is clear to the law that is to provide the tools so get our share of the education up in the me and should be crystal clear to ev- every child will be able to receive a area of 30 to 40 percent for our local eryone in this Chamber is that a col- quality education. In order to accom- schools rather than the meager 7 per- lege graduate makes 50 percent more plish this mission, significant commit- cent that it is now. That is a big charge over a lifetime than a person without a ments were made to fund K–12 pro- and a big challenge for us in the future. degree. grams authorized under No Child Left Right now we must correct the prob- In a country where we have 260 mil- Behind. We have yet to see those com- lems created by the committee in lion-plus people—maybe close to 300 mitments realized. marking up this particular piece of leg- million now—it would be very impor- In addition, the Federal Government, islation and make sure we bring it up tant for us to make investments today all 50 States, and cities and towns, are to a more reasonable and effective that help our children, teenagers, citi- facing budget troubles as well. This is amount of funding to make sure that zens, and citizens of all ages, to get especially true in the area of edu- every child will not be left behind, but, that college degree by preparing them cation—both undergraduate and grad- even more than that, that every child before they even hit the kindergarten uate. For example, some of our school will have some chance of being able to door, and then promoting their lifelong districts are considering 4-day weeks. have the education they need. learning. The Tulsa School District recently an- I yield the floor. Why? Not only is it good for them nounced that it could no longer afford The PRESIDING OFFICER (Mr. personally and their personal growth to hire substitute teachers for the re- SMITH). The Senator from Louisiana. and development as a human being, mainder of the school year. Ms. LANDRIEU. Mr. President, I rise and their immediate family, but for a Beginning in the late 1940s, and con- to support the compelling notion that nation, for long-term economic stim- tinuing through the 1960s, this Nation we need to as a Congress and as a Sen- ulus it brings wealth to America. When decided that education was a top do- ate and, hopefully, with this adminis- America has wealth, and when America mestic priority. I mentioned earlier tration, find a way to fully fund the spends its wealth correctly, we help to what we did at the end of World War II. Leave No Child Behind Act. lift the world to a higher place, includ- The passage of the GI bill at that time It is imperative for any number of ing ourselves. Those are just three rea- gave veterans access to higher edu- reasons. I would like to speak to a few sons why this amendment is worth con- cation. The passage of the Defense Edu- of those reasons for a few minutes and sidering and just three reasons why we

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1033 should respond in the Senate, and in tiate that as one of the major reforms. ing, not in the direction we are going Congress, to what the American people But it is going to be a heavy lift in but in a different direction, even if it are asking us, imploring us, and telling Louisiana and in other States, even means cutting down on some tax cuts us how they would like to have their with alternative certification, even we would like to give. money spent. with recruiting, even with raising the If the President would fund this, I Let me just begin by giving a very teachers’ salaries, even with improving don’t care if he would give every mil- brief history of how we got here. About their benefits, to get a qualified, cer- lionaire in the country a big tax cut. I 30 years ago or more, 35 years, the Fed- tified teacher in every classroom in don’t have a problem with that. What I eral Government decided that States America. But we did that. We put that do have a problem with is suggesting alone should not have to fund the edu- deadline in the bill. tax cuts before he lives up to his prom- cation of its citizens. While the bulk of We also, besides the testing, besides ises he made, with our support, to the that has to be picked up at the State the qualification, increased standards. children of this country. and local level, the Federal Govern- Then we turned around and pulled the Let me also say, this is pretty much ment decided it was in the Federal plug on funding. So we have set our of a crisis. I will tell you why. Every- Government’s interest to make sure students up and our system up, made body says everything is a crisis on this every child was getting a quality edu- them a real big promise, and then are floor, but let me try to give you some cation. Regardless of whether a child just about getting ready to walk away. hard numbers. was born or grew up in a very poor, And it should not happen. I am going The States have a shortfall. Maybe it small town, with limited resources, and to fight, along with many Senators in is because they do not manage their a limited tax base, or whether a child this Chamber, to make sure it does not money well. Some people think that: was born in a very wealthy part of the happen because it is not right, it is not They have a shortfall because they country, it was in the country’s inter- smart, and it is not fair. cannot run any good programs and est to have a school system that was So we did not just throw more Government is bad and Government strong in educating the citizens of the money. We said: Investment in edu- does not do anything good. But, for future. cation without accountability is a whatever the reason, the States are So the Federal Government enacted, waste of resources. I do not believe in going to be short $17.5 billion. 35 years ago, a way for us to supple- wasting resources. Why? Because we As you will recall, what I just said is ment in a small way, but in an impor- have a couple of wars we might have to that the States pick up the most im- tant way, money for education, and we fund. We cannot waste a penny. We are portant part of funding for schools. In went along that road for over 35 years. fighting in Iraq. We are helping rebuild my State, it is a great percentage be- Every 5 years we would reauthorize the Afghanistan, holding off a potential cause we rely less on property taxes at elementary and secondary account, conflict in Korea. We do not have time the local level and more at the State adding program after program, trying in this Chamber to waste any money. level. So my State government con- to get money to places that needed it, So we have reformed the system, re- tributes between 60 and 70 percent of trying to help promote and urge and tooled the system, and said: We don’t the total education budget for all of encourage States to, at first, help all want you to just continue funding fail- the schoolchildren in Louisiana. students, and then we helped disabled ure. So the States all over this Union— Maybe in other States the local gov- students, and then there have been and there are a lot of people engaged in ernments pick up more of that funding. many early reading programs. I could this effort—are depending on us to de- But as States have crises in their budg- go on—arts in education. We tried it, liver the funding to help them. And ets, they are going to pass that head- and many of these programs worked. what do we do, at the first chance? ache of the shortfall on to their cities Some of them did not work, but many This administration backs down from and on to their counties, and, in our of them worked. its commitment to fund it. State, on to their parishes. But then, just a few years ago—2 I am hoping we can reverse this deci- So the States are going to have to years ago—after 35 years of this gen- sion, move some money into this area, probably cut their education budgets eral framework, we said: That is not so we can eventually increase the share unless they are in some kind of trust enough. Because the public isn’t just of Federal funds to education, maybe fund. While our State has something asking us to spend more money, the yet, to a percentage of somewhere be- like that, we cannot completely pro- public wants results for the money we tween 10 and 20 percent. We were at 7 tect our education dollars. spend. Why are we continuing to fund percent. We got up to 12 percent. I So if we do not step to the plate and schools that fail? Why is it every time would like to see us get up to 20 per- live up to our promise, they are going there is a problem, we just add a new cent. to get a double whammy. We have program? So some of us said: It doesn’t Why? There is no magic number, but said—and basically did not tell the make sense. We have been doing it for if we want to be honest with ourselves, truth about funding this new reform 35 years. Let’s do something dif- and we want to say, as a Federal Gov- act: You raise your standards, you put ferently. And we did. ernment, what portion we have to con- in these goals and objectives, and we We joined forces, Republicans and tribute so we can pretty much guar- will be there with you, buddy, every Democrats, and we said: No, we are not antee that even if you were born in a step of the way. And the first chance going to abandon the public school sys- poor little town, with very little tax we get, we walk away. Then, on top of tem and come up with a system of revenue to support your school, or you that, you could argue that policies con- vouchers. We said no to a group of peo- graduated, like HARRY REID did, from ducted by this Congress, and things ple who only wanted to send more Searchlight, NV—he had eight people that are out of our control—such as 9/ money. And do you know what? We in his graduating class; I don’t know 11 and terrorist attacks, which we, of won that battle, and the President how rich Searchlight is, but probably it course, are doing everything we can to helped to lead that battle. We said: No, is not a very rich town—or a small fight against—have caused the econ- we are not going to abandon the public town in Louisiana, such as Dulac— omy to turn sour in many ways. But school system, but we are also not whether you come from a small town they find themselves $17.5 billion short. going to keep funding just yet one or whether you happen to be born in a Where are the States going to go to more program and throwing money at very wealthy place, because you are an get their money? To their education it. We are going to reform the schools. American, and because we think it is budgets, which will make the situation So we raised standards. We instituted important for a democracy to be edu- worse. I know the Senator from Massa- pretty rigorous tests. We put on dead- cated in order for it to exist, the Fed- chusetts wants to engage others in the lines, to tell our schools—and in Lou- eral Government thinks we should con- debate. I want him to know the reason isiana this is a big deadline for us to tribute at least 20 percent to the edu- I would like to stay on the floor for a meet—no longer can you have unquali- cation of our children. couple of hours is that this isn’t a lit- fied or uncertified teachers. You have We are not even anywhere near there, tle change to Louisiana, this is $122 to have completely certified teachers. I and the Senator from New Hampshire million that is going to be short in my am happy with that. I helped to ini- understands this. We need to be mov- State, on top of which they are going

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1034 CONGRESSIONAL RECORD — SENATE January 16, 2003 to have to probably cut the education our promise, over 10 years $60 billion, pose, as does the Senator from Massa- budget to balance their budget. Why? one-tenth of what the President is sug- chusetts, as do many people who Because States can’t deficit spend like gesting for a tax cut. worked on this bill. We want to do we do—sometimes in a more haughty For those reasons and others, I something that gives those kids an fashion than we should. They can’t def- strongly suggest that we reverse extra shot at the American dream, icit spend. They have to balance the course, that the public, the people in make sure they do not get left behind. budget. Louisiana, the viewing audience would No Child Left Behind was passed, and On whose backs are they going to let the President of the United States it had four basic purposes. I will just balance the budget in the State? The know how disappointed they are that quickly recite them so we are all work- backs of the children who are trying to his budget and his proposal fail to live ing off the same page. The first purpose learn to read but they can’t learn to up to the promises he made when he was to give local school districts more read because we won’t put a qualified signed the bill for education. Let flexibility over how they managed teacher in their classroom. Democrats themselves recommit to their dollars, Federal dollars specifi- When you want to spread the respon- make sure that we have our priorities cally. sibility for fighting a war and for other in order and that we put the education The second purpose was to make sure things, then put the responsibility at of our children and their ability to there was an accountability system least on the backs of those physically grow and to become all that God in- where, when a child goes through the strong enough to bear it. But no, we tended for them to be when He created system, how a child is doing at dif- are about ready to put it on the backs them, let us be part of that part of ferent grade levels could be compared of kids who can’t bear the burden and strengthening our Nation. to other grade levels. should not have to bear the burden. It I yield the floor. The third purpose, of course, was to is wrong. The PRESIDING OFFICER. The Sen- fund adequately this bill, which I be- I hope we will find the wherewithal, ator from New Hampshire. lieve was done, and which I think we from wherever we get the money, or, if Mr. GREGG. Mr. President, I am can defend. On that point of funding, I we have to, put this on par with the tax hopeful we can arrive at some time- want to start with a little bit of a com- cut. We are deficit spending for a tax frame for wrapping this up and getting parison. When the President came into cut. Why not deficit spend for edu- on to a vote. I have spoken with the office, we, of course, had the experience cation? What answer will the President Senator from Massachusetts about of a prior administration in the area of give to the Senate? What will he say? I that. I believe he is also amenable to title I, low-income programs. The Clin- think it is OK to deficit spend for a tax that approach. I do intend to lay down ton administration—in the 7 years cut but it is not OK to deficit spend for an amendment in a few minutes which leading up to President Bush’s under- education? What is his answer? He we have already represented will be one taking of this effort—had put approxi- doesn’t have an answer. of two amendments voted on. mately $2 billion into title I. I have a quote I keep in my office. I Prior to laying down that amend- Within the first 2 years of President try to read it to myself to remind me ment, I did want to respond to a num- Bush’s administration, he added $2.5 of why I am here: If you want 1 year of ber of the representations made over billion to title I. The single largest in- prosperity, you grow grain. If you want the last hour or so on the issue of the crease ever experienced by title I oc- 10 years of prosperity, you grow trees. President’s commitment to No Child curred in his first year, the second And if you want 100 years of prosperity, Left Behind and the Republican Par- largest increase was in his second year, you invest in people. ty’s commitment to it and how we will and probably the third largest will The best way we can invest in people make this law work well. occur in the third year—if he gets the is to invest in an education system. If First, let’s remember, when this law billion dollars he asked for. That is we don’t want to invest in it, then we was passed, it really was a bipartisan title I. should not be telling them every year effort to try to accomplish something The practical implications of this are what to do, what tests to give, how special for our kids, especially low-in- that increases under President Bush many teachers to hire. We should just come kids on whom we had just an in- represented about a 27-percent jump in keep our mouths shut and walk away ordinate amount of data and, unfortu- title I over what the prior administra- and let them figure it out. But we nately, real-life examples of the fact tion did. If you look at it in cumulative dragged them to the deal. We dragged that they were not being educated at a years, you see it is rather startling. them to the table. Some of them came level that made them competitive in Over 7 years, the Clinton administra- more happily than others. And we got a America, that low-income kids were tion did $2 billion. Over 2 years, Presi- new act and a new approach. And then being left behind and that, as a result, dent Bush did $2.5 billion. Massive in- the first thing we do is walk away. I we were turning out generations of creases. To put it into real dollar think it is a disgrace. children who were not able to partici- terms, the difference in new education I know my colleagues are going to pate in the American dream because funding—total—between the last year come down here and they are going to they were not able to read and write of the Clinton administration and the talk about the other side of the aisle: and to add and subtract and do math at first year of the Bush administration All the Democrats want to do is spend a level competitive with their peers. is, again, $20 billion—$42 billion versus more money. I am not one of those All these numbers get thrown out $60 billion. These are massive increases Democrats. And I don’t think Demo- here, but this bill, No Child Left Be- of funding into the educational system crats generally want to. But I most hind, has at its core the simple purpose in order to try to make sure we meet certainly have shown on this issue I am of making sure that American chil- the requirements and needs of No Child not just willing to spend more money dren, children in our public school sys- Left Behind. for education. I will fight the good tem, which is the essence of the In addition to this type of funding, fight for accountability, but I will be strength of our Nation—we all under- which was direct cash into the school darned if I am going to fight the fight stand that; the ability to get an edu- systems type of funding on the discre- for accountability and then have the cation in America and the public tionary side, the President also made a Republicans say they will deficit spend school system has and always will be huge and dramatic commitment in the for everything—the military, tax the essence of our strength—learn what area of giving parents more dollars in cuts—but won’t deficit spend for edu- they need to learn, that they are able, their pockets, through a tax cut, which cation, leaving the country vulnerable when they finish their elementary and was directed specifically at the issue of in the short term and in the long term secondary school experience, to par- helping parents educate their chil- because of it. ticipate in American society, to find a dren—a $30 billion tax cut, which cre- I rise to support the amendment. I good job, and take part in the Amer- ated new deductions for qualified high would like to fund it in many different ican dream. That was the purpose. education expenditures, increased the ways. It could be funded. It is a rel- You have to thank the President for amount individuals could contribute to atively small amount of money, $6 bil- leading the Nation in this direction. He their educational savings accounts, and lion to live up to even a partial part of feels it with great emotion and pur- dramatically expanded the availability

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1035 of tax-free distributions for qualified certainly made that commitment. This So, once again, I think you can see tuition plans—a very significant effort, chart shows how that works in rela- that the game plan of No Child Left Be- which has basically been overlooked tionship to all the other funding going hind was to fund aggressively, with and never even mentioned in the de- on in the Federal Government. Here we flexibility, and then leave it to the bate on the other side. are in the midst of a war on terrorism. local school districts to find out how to This tax cut the President put in We have a health care concern. If you best use the dollars. That is exactly place, which benefits moderate-income look at the education funding, it has what has been accomplished. The num- Americans as they attempt to educate gone up 132 percent. Health care fund- ber increases, as I have said, are rather their children with cash in their pock- ing has gone up 96 percent. Defense dramatic in this area. In fact, the num- ets, which they can then put into the spending has gone up 48 percent. The ber increase in education has been so savings vehicles and other vehicles fact is that education funding is out- dramatic that we presently have here that assist them as their children get stripping every other element of the at the Federal Government approxi- ready for college—and also assist in the Federal budget by dramatic amounts mately $4.5 billion that has not been elementary and secondary school as a percentage and, in real terms, in drawn down by the States and local area—also helped teachers by giving real dollars flowing back to the States. communities because the money has them some deductions that they didn’t No Child Left Behind specifically. I been flowing in so fast that they can- have before as they spend money in already mentioned that the title I not keep up with how to spend it. That money has jumped by 27 percent. Let’s doing things relative to their class- is hard to believe, but it is true. rooms, such as buying books, maps, look behind that to some of the other Here is a chart that reflects that $4.5 and things such as that. accounts that are involved in the No billion. The majority of it is in the In addition to the huge increases, the Child Left Behind bill. One of the im- school improvement program, and in portant things the No Child Left Be- $20 billion actual increase—a huge in- the special education grant program, hind bill did was to take all sorts of ac- crease in title I funding—the President and in the education for disadvantaged counts, merge them together, and then made a dramatic commitment to program. But it is there, and it is say to the local communities: Here is IDEA, special education, the biggest available, and it hasn’t been spent yet. the money, with no strings attached. single commitment to special edu- When I hear colleagues on the other You can do what you want with this cation in the history of the country. side saying there is a dearth of money money. But in the end, what we want is Again, this dwarfs the effort made by available in the Federal Government, to make sure that every child at the the Clinton administration in special third-grade, fourth-grade, fifth-grade, and just because we have increased it education. During the run-up years be- or sixth-grade level has learned enough by 27 percent, that is not enough; and fore President Bush came into office, so that their parents and the other peo- because we increased it by $20 billion in President Clinton actually proposed ple in the community can compare a year, that is not enough; and just be- virtually no increase in special edu- whether or not that child is learning at cause we cut these taxes, that is not cation. In fact, in 1992–93 when he came a level that is competitive with their enough; and just because we have a 12- into office, you would see virtually no peers and with other school districts: percent increase in educational fund- green bar. The only year the Clinton Accountability, to put it quite simply. ing, that is not enough, it does seem to administration asked for a significant Instead of controlling input and hav- me when we have $4.5 billion sitting increase was in his last year in office ing lots of strings running to the child down there at the Department of Edu- when they asked for $300 million, I and to the funding, as it came out of cation waiting to be distributed, that think. There were dramatic increases the Congress, we reversed that trend might be a sign we are doing a pretty made in this period—in 1999, 2000, 2001— and said: We are not going to put a lot good job in putting money into the sys- and they came as a result of the Repub- of strings on what comes out of the tem and, hopefully, we are going to lican Congress and the leadership. I Congress, but we are going to expect start getting it out the door, too, fairly would like to think I played a role in results. We have had discussion of this soon. that, along with Senator LOTT and Sen- before. One area where I think this has That is where we stand today. A very ator SPECTER. We were able to dramati- been most telling and constructive is important point is that if you want to cally increase special education fund- that of teachers. This bill took a lot of do another comparison, which I think ing during this period. the different teacher funds, such as the is fairly interesting, we have heard al- When President Bush came into of- Eisenhower Fund and the classroom most incessantly we have to fund the fice, he ratcheted up special education size fund, and moved them into a pool authorization level; we have to fund funding dramatically, putting a billion of money, and then it said to the local the authorization level; we have to dollars of new money into special edu- school district—principals especially fund the authorization level. The only cation in each of the first 2 years of his because they are key here—you can problem with that argument is the term in office, which translated to take this new pool of money, and in- Congress almost never funds the au- money going back into the school dis- stead of having to spend it under the thorization level. Authorization is a tricts to assist them in moving forward categorical terms you used to get it goal, but it is hardly ever attained. The and addressing the requirements of spe- under so you could only spend it for purpose of authorization and appro- cial needs children. the purpose of basically classroom size priations is sometimes quite different. So we have had increases in title I, reduction or teaching math-science, If we are to assume that is the pur- which are historic under this adminis- you can use it however you want for pose—that we must fund the authoriza- tration, and which dwarfed the in- your teachers, to improve your teacher tion level—then I have to ask my col- creases in title I put in by President situation. If you want to hire more leagues on the other side of the aisle: Clinton’s administration—a 27-percent teachers, you can do that. If you want What were they doing the last time increase just in year 1. We have in- to have your teachers better trained, they controlled the Congress and the creases in overall discretionary edu- you can do that. If you want your Presidency? What were they doing? Be- cation funding of $20 billion year to teachers to have better technical sup- cause at that time there was a $2.7 bil- year. We have the increases in special port, you can do that. If you have good lion difference between the authorized education funding—again, dwarfing teachers and you want to pay them level and the appropriated level, which anything done in the prior administra- more to keep them, you can do that represented a 21-percent difference. tion—a billion-dollar annual increase with the money. All sorts of different If we look at the Bush administra- each year. And we have the massive in- options were given to the local school tion’s difference between authorized crease in availability of money to par- districts to make sure that teacher and appropriated levels, it is 15 per- ents to save for their children’s edu- money was more effectively used. And cent. We are doing 50 percent better cation through the tax cut. then we increased the money flowing under this administration. It is pretty So the effort here has not been any- into that account, again dramati- hard to defend this authorization argu- thing but significant in the area of try- cally—35 percent. That was up by $742 ment, in my opinion. ing to make sure we have funding in million over the last year of the Clin- That puts us at the point where we education, and this administration has ton administration. are now, and I hope I have adequately

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1036 CONGRESSIONAL RECORD — SENATE January 16, 2003 responded to some of the comments on is fully funded under this bill, and the 1965, to remain available through September the other side, although I suspect I bill specifically says you do not have to 30, 2004: Provided further, that the percentage might have engendered some other pursue the testing regime if it is not amount of any across-the-board rescission provided for under section 601 of Division N comments from the other side. But let paid for. That is a totally irresponsible of this Act shall be increased by the percent- me go on to the amendment which I in- statement. age amount necessary to rescind an amount tend to offer. I am still awaiting its ar- In fact, and I know in my State, they of funds equal to the total amounts appro- rival, so I will have to wait before I can are spending $300,000 per test. Under priated in excess of $54,195,685,000 for title III send it to the desk. this bill, they are going to get $500,000 of Division G. The purpose of the amendment is to per test. So they are actually going to Mr. GREGG. Mr. President, I reserve say: OK, I am willing to increase the make money in their testing regime in my request of the Senator from Massa- funding for education, and I think peo- New Hampshire, which I am sure they chusetts and yield the floor. ple on our side are willing to increase will put to good use in some other area Mr. KENNEDY. I thank the Senator. the funding for education, but let’s do of education. I want to have a chance to review the it in a way that is responsible. The This amendment is a fairly reason- amendment. President has said—and it was agreed able, straightforward amendment. It is Mr. President, we have had a very to at one point—that we will stay at a $5 billion more. It is actually a little good discussion with seven or eight of $750 billion discretionary number. I higher than the proposal of the Senator our colleagues who have spoken. Sen- think it is pretty important we start from Massachusetts in the area of No ator REED wants to speak. Senator getting fiscal discipline around here or Child Left Behind funding—$5 billion CLINTON, Senator CORZINE, and Senator we are going to be in big trouble. I more—but it is going to be done by an STABENOW also want to make com- think that is obvious. across-the-board cut so it is fiscally re- ments. In order to accomplish this—I do sponsible. The money will be available This has been an important debate. I think education is a priority, and I do with no strings attached. Our local agree with the Senator from New think as we prioritize items within the school districts and State school dis- Hampshire that the issues of ensuring Federal Government we have to put tricts can see we mean it when we say protection at home and education are education right up there. In fact, if I there is no unfunded mandate in this the Nation’s top two priorities. We do were to prioritize, I would put fighting bill. not differ, evidently, on those issues. We have important differences on how terrorism as No. 1, and that is in a AMENDMENT NO. 19 to assist in education. I will mention a class by itself because we have to de- Mr. GREGG. Mr. President, I send my fend ourselves. These people want to couple quick responses to the Senator. amendment to the desk. I hope we can My first response is about the kill us because we are Americans, and enter a time agreement for a vote on unspent figures, about $4.5 billion. we have to make sure we are ready to these two amendments. I ask the Sen- Most agencies, not all, but most agen- respond to them and defend ourselves. ator from Massachusetts if he feels we cies have unspent funding. The reason Fighting terrorism is No. 1. can enter such a time agreement. the funds are not spent is because we Right behind fighting terrorism Mr. KENNEDY. Mr. President, I have are in the middle of the school year. Do comes the issue of education. I believe yet to see the Senator’s amendment. we understand that the funds that will a reasonable approach to this question Mr. GREGG. It is being brought to be in this omnibus bill will be for the of how we fund education is that if we the Senator at this moment. next year, for July? That is when they are going to jump the number signifi- Mr. KENNEDY. Let me have a will be committed. cantly—and under the proposal of the chance to review it. We have unspent money because we Senator from Massachusetts, he has The PRESIDING OFFICER. The are only halfway through the school about $4.6 billion in here for No Child clerk will report. year. The districts have already obli- Left Behind, we are going to jump that The assistant legislative clerk read gated these funds. Anyone who does amount dramatically, then we ought to as follows: not believe that there are severe fiscal do it in a way that is fiscally respon- The Senator from New Hampshire [Mr. challenges in local school districts has sible. GREGG] proposes an amendment numbered not talked with their local school I am offering an amendment which 19. board, principals, students, or the increases the funding by $5 billion, but Mr. GREGG. Mr. President, I ask teachers in communities across this it says that we do an across-the-board unanimous consent that the reading of country. That is number one. cut to get to that number so that we the amendment be dispensed with. Second, I welcome the fact the Sen- are going to stay under the $750 level. The PRESIDING OFFICER. Without ator from New Hampshire wants to ef- In addition, I do not know about my objection, it is so ordered. fectively take credit for the increases colleagues, but I am hearing from my The amendment is as follows: we were able to agree on in the No school systems again: We need more (Purpose: To provide additional funding for Child Left Behind legislation. As he re- flexibility. I am saying we have $5 bil- innovative programs at the state and local members very well, when the bill was lion you can fund No Child Left Be- level) first introduced, it was $500 million. It hind, you can fund anything under the At the appropriate place add the following: ended up at $1.5 billion because we in- No Child Left Behind bill, but we are ‘‘SEC. . FUNDING FOR INNOVATIVE PROGRAMS. sisted on it. I am glad we worked that not going to put any strings on this. In addition to any amounts otherwise ap- out in a bipartisan way. I am glad he is You are, basically, going to get this propriated under this Act for part A of title prepared to say that is part of the Bush money to assist you at the local I of the Elementary and Secondary Edu- commitment at this time. schools in undertaking and accom- cation Act of 1965, the following sums are ap- We ought to understand exactly what plishing the No Child Left Behind ef- propriated, out of any money in the Treas- the history has been. When he talks fort. In addition, you can use this ury not otherwise appropriated for the fiscal about the increase over the last 2 money, if you feel you need to, for year ending September 30, 2003, $5,000,000,000 for carrying out such part, to remain avail- years, he is talking about the increase IDEA and for programs like TRIO. able through September 30, 2004; Provided, which the Democrats were able to get, Essentially, we are not going to put that notwithstanding any other provision of with the agreement of the Republicans, any strings on this. We are going to this Act, any amounts appropriated for pro- in the last year of the Clinton proposal. send it back to the States and say: All grams or activities under title III of Division The Senator makes a fair point in right, States, this is an add-on. You are G that are in excess of $54,195,685,000 shall be terms of the funding of Title I under concerned about unfunded mandates. If distributed to States and local educational the previous administration. I would there is anything in this bill that is un- agencies in accordance with sections 5111 and have liked to have seen this funding funded and is a mandate, these dollars 5112 of the Elementary and Secondary Edu- higher, but it was not higher. We have cation Act of 1965 to be used by such States will certainly take care of it. and local educational agencies to carry out to recognize all that was being done in I want to touch base on that because any activity authorized under the Elemen- the area of education during that pe- there was some representation out here tary and Secondary Education Act of 1965, riod of time, which was extremely im- that the testing regime in the bill is an the Individuals with Disabilities in Edu- portant, to respond to many of the unfunded mandate. It simply is not. It cation Act, or the Higher Education Act of challenges in the areas of title I.

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1037 Under the previous administration, concerning the number of children who tricts to do so must cease. Only then what did they have? They had no still remain to be covered. That is the will children and educators receive the school left behind. To do what? To pro- essential part of where we are in the resources they need to meet higher vide funds at the local school level. To funding. standards and eliminate barriers to do what? To establish standards, which Now I will say a word about the higher education. were eventually adopted in the No Gregg amendment, and then I will States are struggling with budget Child Left Behind legislation. There yield. This puts $5 billion in a block shortfalls, rising student enrollment, was basic school reform in the good grant which will go to the States. As and an increasing number student with legislation of Goals 2000 that was far as we are reading it now, it is not limited English proficiency. At the passed. We had the school-to-work pro- directed toward the title I program. If same time, States are working to meet gram, that has not been referenced, but I am wrong on that, I hope to be cor- the new requirements of the No Child has been very important in terms of rected because we just received this Left Behind Act. I supported the No opening opportunities for students amendment. Child Left Behind Act because I agreed moving out of high schools. What our amendment does is, it deals with its principles, all public school There was expansion of the TRIO pro- with the title I program. It also deals children should be able to achieve and gram, which also is a program which with Pell grants, but it is primarily for all schools should be held accountable targets the disadvantaged. We also had title I, the neediest children. The pri- in seeing that they do so. expansion and improvement of Head mary purpose of President Bush’s pro- I believed the President when he said Start. We had AmeriCorps, which was a gram was title I, but the Gregg amend- education would be a priority. But now new educational opportunity. We had ment is not a title I program, it is basi- the Senate is considering a spending the GEAR UP program, which built cally a block grant to the States. It bill that encapsulates the President’s upon the concept that rather than just does not focus on or require that it be proposed education funding levels, a looking for individuals whose edu- spent on title I. bill that does not even provide a 1 per- cation ought to be furthered by special It provides for a 1.3-percent across- cent increase over fiscal year 2002 individual help and assistance at the the-board cut in addition to the 1.6-per- spending. The No Child Left Behind university, to look instead at the idea cent cut, which is almost double the Act requires a variety of new require- of helping a whole class, moving a amounts that previously would have ments including annual standardized whole class forward. A very interesting been cut. If this program is supported, testing and increased teacher certifi- and new concept, particularly to tie this will mean 248,000 women, infants, cation. While we can expect our edu- universities to school districts with and children will be turned away from cators to do all within their power to disadvantaged children. A great deal the WIC program. It eliminates 8,600 improve our schools, we cannot expect was done in that time. children from the Head Start program. this landmark legislation to be effec- There was also the HOPE scholar- It means 250,000 fewer veterans being tive if States and school districts are ship, the lifelong learning scholarship. treated, 1.6 million fewer visits by vet- not given the resources to implement There was a lot of educational activity erans to outpatient clinics. Eighty- these programs. during that period of time. I think it is eight thousand fewer families would re- Congress must also demonstrate its fair to say that we did not see the ex- ceive housing assistance. And the list commitment higher education. We all pansion in Title I that we have seen in know that pursuing a college degree recent times; but in the area of goes on. This omnibus bill is $10 billion less dramatically increases earning poten- prioritizing education, no administra- than what was basically agreed to in tial. According to the Bureau of Labor tion can compete with what was the previous Congress. My amendment Statistics, the median income for high achieved in the Clinton administra- says $6 billion of that will be used now. school graduates is $28,800 but is $46,300 tion, quite frankly. Many of us are for those with a bachelor’s degree. proud to be a part of it. It will still be $4 billion less than what Nonetheless, when we take all of that was agreed to last year, even with this However, the burden of higher edu- apart, let us get to what the facts are. amendment. It is effectively repli- cation costs is crushing low-income I have in my hand a report by the Cen- cating what 79 Members of the Senate students and their families. The inabil- ter on Education Policy. This is not a voted for. ity to pay for college makes it more Democratic report. This is not a Re- Some say, well, that does not really and more likely low-income students publican report. This is a board of some make much difference because it was will be unable to pursue higher edu- of the most distinguished educators an authorization. It evidently made a cation or do so facing staggering debt across the country, and this is what it difference to the Senators from Maine upon completion. The economic bene- says, effectively: We have found that and Connecticut who offered the fits are clear but the promise of many the fiscal crisis in most States, coupled amendment and to the 79 Members who will not be fulfilled if Congress does with the prospect of limited Federal voted for it and went back to their con- not assure that every student eligible aid, threatens the successful imple- stituents and said they voted for it, for a Federal student aid receives it mentation of this ambitious law, the said: This is what we believe in. and if the maximum Pell Grant award No Child Left Behind Act. I take their votes seriously. That was is not raised to bridge the gap between There it is. At this time, we have for $18 billion. This would be a total of higher education costs and the ability more than 6 million children who qual- $16 billion. I hope the Senator’s amend- of many to pay. ify for assistance under Title I who are ment will not be agreed to. Many States are considering stiff tui- not assisted without this kind of Mr. SARBANES. Mr. President, as we tion hikes at their public institutions. amendment. With this amendment, we consider appropriations for fiscal year Between 1991–1992 and 2001–2002, aver- would include 2 million more of those 2003, I want to express my strong sup- age tuition and fees grew 37 percent in children. Without this amendment, port for Senator KENNEDY’s amend- private 4-year institutions and 38 per- maybe 354,000 of those children are ment to increase funds for education cent in public 4-year institutions, out- helped. So are we going to try to reach spending by $6 billion. This increase stripping the 8 percent growth in infla- out to children who are being chal- would bring the total funding for Title tion-adjusted median family income lenged educationally in every commu- I programs to $16 billion, the level au- over that same period. Maryland’s pub- nity, as the Senator, my friend from thorized by the No Child Left Behind lic university system is notifying its New Hampshire, Mr. GREGG, has point- Act that was signed into law by the students that it may have to raise tui- ed out, which is a major kind of reform President. It is imperative that Con- tion by up to five percent for the in terms of advancing teacher training, gress sends a strong message sup- Spring 2003 semester so these young involving the parents, developing good porting education accompanied by people have to face the dilemma of ad- curriculum and working with after- strong funding for this important goal. dressing increases after already budg- school programs, or are we going to The practice of paying lip service to eting for a certain amount. The Na- cast them adrift? improving education for our Nation’s tional Center for Education Statistics We have the framework. We will lose children without following up with the estimates that annual prices for under- the opportunity. Those are the facts money that States and local school dis- graduate tuition, room, and board were

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1038 CONGRESSIONAL RECORD — SENATE January 16, 2003 estimated to be $7,621 at public colleges States by the Constitution, nor prohib- In the Omnibus bill before us, the and $21,423 at private colleges for the ited by it to the states, are reserved to base text already includes an increase 2000–2001 academic year. Yet the max- the states respectively, or to the peo- for Title I funding of $1 billion, a 10 imum Pell Grant award is only $4,000 ple. percent increase from fiscal year 2002. per year. In addition, more and more Education is one such responsibility. Senator KENNEDY has brought an student aid is being shifted from grant And this was the tradition in America amendment to the floor that seeks to money to loans. Senator KENNEDY’s for 200 years. Only in the last 35 years appropriate the entire amount of the amendment would help over 200,000 stu- has the Federal Government played a authorization for Title I—$16 billion for dents by adding $1.35 billion for the prominent role in education in Amer- fiscal year 2003. His one amendment Pell Grant program making it possible ica. And even then, the most we sent to alone would cost $6 billion. to increase the maximum award to our State and localities is 7 percent of If we follow the argument that my $4,500. the education spending in America. colleagues on the other side of the aisle While we consider education funding, In my view, the No Child Left Behind make, that the authorization level is a it is important to note the challenges Act not only violated that principle of mandate to fully fund these account, in we face in educating children with dis- federalism, it puts us on a fast-track this case Title I, this body will vacate abilities. Congress must increase the towards thoroughly federalizing edu- any fiscal responsibility we have. Federal contribution for the Individ- cation and violates local control of Just look at the increases for Title I uals with Disabilities Act, IDEA. When schools. if we were to fully fund them: from fis- Congress enacted IDEA, it committed Some of my colleagues think that cal year 2002 to fiscal year 2003, an in- the Federal Government to pay 40 per- the Congress is the national school crease of 18.5 percent; from fiscal year cent of the average per pupil cost of board. Well, we are not the national 2003 to fiscal year 2004, an increase of educating students with disabilities. school board here in this Congress. 15.6 percent; from fiscal year 2004 to fis- With the expansion of education pro- However, to this day, the Federal Gov- cal year 2005, an increase of 11 percent; grams that the Federal Government ernment has provided only 16.7 percent. from fiscal year 2005 to fiscal year 2006, undertook in that bill, I have a genuine The Federal Government must make an increase of 11 percent; from fiscal concern that in ten or fifteen years, good on its promise and provides the year 2006 to fiscal year 2007, an increase Washington will be dictating what is resources disabled students and their of 10 percent; where is this money com- happening in every school house in ing from? We are spending money we families need. America. In spite of the limited con- That we can consider a tax cut aimed don’t have. tribution of the Federal Government, at the wealthiest Americans while pur- The projected deficit for fiscal year under the No Child Left Behind Act, porting to be unable to adequately fund 2003 is already $315 billion, and don’t Washington will be mandating annual education programs is absurd. Where forget, folks, we have a $6.2 trillion na- tests for elementary and middle school are our priorities? Now is the time to tional debt. children in America regardless of how According to CBO projections that I move beyond the rhetoric of the No the kids are doing or whether or not recently requested, if we continue Child Left Behind Act and deliver the the States already have sophisticated spending at the rate we have been resources that teachers and students so testing regimes in place. desperately need. I urge my colleagues States as Ohio, where the Governor spending and extend the tax cut, we to vote in favor of Senator KENNEDY’s signed a new testing system into law could rack up an additional $5.4 trillion amendment and to support meaningful on June 12, 2002, detailed testing sys- in debt by fiscal year 2012. increased in education spending. tems are already in place. And no one This means that by fiscal year 2012, Mr. VOINOVICH. Mr. President, if understands how onerous additional our national debt could stand at a there is one thing that this Senate can testing programs will be. Principals, whopping $11.6 trillion. agree on wholeheartedly is that we, as local school boards, parents and espe- Leaving this sort of burden on our a Nation, need to invest in our chil- cially teachers in Ohio are saying, children and grandchildren is simply dren’s educational future. There is no ‘‘Here we go again.’’ wrong. We need to make hard choices other issue that hits closer to home for We are already seeing the results of now so that this doesn’t happen. America’s families. Federal intrusion into our Nation’s We just increased the debt ceiling in But even as we recognize the impor- schools. It is an unworkable, unflexible June 2002, and we will probably need to tance of education, we must realize plan that is punitive to our children. increase it again before the end of this that close to home is where education Simply spending more Federal dollars year. We are looking at oceans of red works best in America, and simply on more Federal ‘‘one size fits all’’ edu- as far as the eye can see. spending more and more Federal dol- cation directives will not make our This entire omnibus process is indic- lars on more and more Federal ‘‘one education system perform better. ative of how the entire budget process size fits all’’ education directives will Besides the dangerous increase in has slipped. not, by itself, make our education sys- Federal control of education, I want to While the House passed a budget res- tem perform better. point out the real increase in funding olution in March 2002, the Senate never When this body voted to pass the No the Department of Education has re- did. Child Left Behind Act of 2001, I did not ceived over the past several years, dur- That was the first time in the history vote for this bill. I could not vote for ing which deficits have only grown. of the budget process that the Senate this bill in good conscience for two rea- From 1998 to 2002, we have increased failed to enact a budget resolution. Not sons. One, the bill fundamentally total funding for the Department of only did we not pass a budget, the usurped control over education from Education by 57 percent or $20.3 billion. Democrat leadership did not even bring those closest to the students. Edu- Specifically following the passage of a resolution to floor for consideration. cation has been and should continue to the No Child Left Behind legislation, This only precipitated what has be- be a State and local responsibility. Ad- according to the Congressional Re- come modus operandi for the Senate— ditionally, the excessive spending with- search Service, funding for ESEA in not getting our appropriations bills out in the bill provided unrealistic expecta- Fiscal Year 2002 increased more by in time. tions. than $3 billion, 17 percent, from fiscal This body cannot go back in time to Over the course of my 36 years of year 2001. correct our past mistakes. We need to public service to the people of Ohio, I Unfortunately, because the majority move forward and we need to move for- have developed a passion for the issue of No Child Left Behind does not pro- ward now. of federalism, that is, assigning the ap- vide actual monetary guidelines for its The executive branch is already one- propriate role of the Federal Govern- authorization—instead utilizing ‘‘as third through the fiscal year. Starting ment in relaxation to State and local such sums’’—we have no idea of the po- this week, executive branch agencies government. tential costs of the bill. must absorb a 3.1 percent pay raise Our forefathers outlined this rela- However, we can look at Title I, one within Fiscal Year 2002 funding levels. tionship in the 10th Amendment: The of the largest accounts within the No Many agencies will be unable to ef- powers not delegated to the United Child Left Behind Act. fectively allocate funds prior to the

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1039 end of the fiscal year without a final on the No Child Left Behind Act, tough to the neediest students is only getting appropriation in the next 20 to 30 days. accountability requirements without bigger. In my own State of Maryland, Let’s get on with the business at sufficient resources to meet the re- colleges have had to raise tuition by 5 hand. This Congress has much work to quirements is cruel to students, teach- percent this year because of the State do, not the least of which is providing ers, administrators, and parents and budget shortfall. This amendment our Nation’s seniors with a prescrip- ultimately it will undermine the suc- raises the maximum Pell grant from tion drug benefit and an economic cess of the education law. $4,000 to $4,500. That is a big step on the growth package to stimulate the sag- The Kennedy-Harkin amendment way to making college more affordable ging economy. would also provide $1.35 billion to in- for students of all backgrounds. The Congress and the administration crease the maximum Pell grant award Education and the opportunity to go have already agreed on a $750 billion from $4,100 to $4,500. Pell grants are ex- on to higher education are what give cap for fiscal year 2003. This amount tremely important in helping finan- parents hope for their children. Yet meets President Bush’s request and cially needy students enroll and stay in today we are still fighting to make will fund critical priorities. college, many of whom would not oth- sure our children go to good schools And let me remind my colleagues erwise have the opportunity to attend with good teachers and up-to-date who seek to spend additional money; college. According to Empty Promises, books and facilities. That is why this $750 billion represents an increase of a report released in June 2002 by the amendment is so important. It will over 12 percent in discretionary spend- congressionally-mandated Advisory help the neediest students of all ages, ing in just the last two fiscal years. Committee on Student Financial As- elementary school, middle school, high We need to be real in our assump- sistance: ‘‘. . . this year alone due to school, and college. tions and our spending habits. record-high financial barriers, nearly Mr. LIEBERMAN. Mr. President, I If Congress doesn’t wake up and one-half of all college-qualified, low- am proud to join my good colleagues, smell the coffee, we are going to wake and moderate-income high school grad- Senator KENNEDY and Senator HARKIN, up with enormous deficits—by CBO’s uates—over 400,000 students fully pre- in offering this amendment to ensure most recent projections, $866 billion in pared to attend a four-year college— that we live up to the promise we made fiscal year 2012. will be unable to do so, and 170,000 of just over 1 year ago to improve student Enough is enough. these students will attend no college at achievement by raising standards, in- (At the request of Mr. DASCHLE, the all.’’ If we are to reduce income in- creasing accountability, and investing following statement was ordered to be equality in this country, then we must more resources in the classroom. Recently we celebrated that 1-year printed in the RECORD.) support students who are academically ∑ anniversary of the most far-reaching Mr. KERRY. Mr. President, I strong- prepared to attend college, but do not Federal education reform in a genera- ly support the Kennedy-Harkin amend- have the financial means to do so on tion. Today, we ought to be celebrating ment to increase education funding by their own. $6 billion in Fiscal Year 2003. I cannot The Kennedy-Harkin amendment is our progress and looking forward to be present for the vote on the Kennedy- about opportunity. The chance for eco- more. Instead, too many public schools across the country are being taught Harkin amendment, but I would vote nomically disadvantaged students to the difference between rhetoric and re- for it if I were Present. The increased succeed in school, and the chance for ality, and when they read the name of accountability and teacher quality re- those same students to attend college. this bill, the No Child Left Behind Act, quirements of the No Child Left Behind I urge my colleagues to support the they are being taught the meaning of Act necessitate a significant invest- amendment.∑ ment in our schools, but the omnibus Ms. MIKULSKI. Mr. President, I rise irony. It is sadly fitting that the traditional appropriations bill before the Senate in support of the Kennedy amendment first anniversary gift is paper because falls short of the needed investment. to increase funding for vital education so far, this education reform has hap- The Kennedy-Harkin amendment is programs. There is a lot of talk about pened only on paper, not in practice. critically important to ensuring that leaving no child behind. Yet the No The bill was signed, but the bills all children can learn to high stand- Child Left Behind Act, which we passed ards, which is the goal of the No Child haven’t been paid. just last year, will be a hollow promise The No Child Left Behind Act is an Left Behind Act. States, schools, and if we don’t match our rhetoric with re- important law. It is a bipartisan law. It districts are diligently working to sources. We must make sure no child is is a strong expression of our intent to meet the stringent requirements of the left out of the budget. This amendment prepare all our children to excel in our new law at a time when they are facing increases funding for two of the most increasingly competitive information shrinking education budgets due to the vital educational programs—title I and economy. I am proud to have helped state fiscal crisis. Right now states are Pell grants. shape it. facing a shocking $75 billion budget The No Child Left Behind Act placed But what good is a piece of legisla- deficit. Twelve states cut K–12 edu- the burden on schools to improve. It is tion if the executive branch ducks its cation spending last year and another a worthy goal, but it will be a difficult implementation? What value is a bill if eleven are poised to do so this year. task for our schools. We knew this government lacks the will to make it The Kennedy-Harkin amendment when we passed the No Child Left Be- happen? would increase funding for the Title I hind Act, and so we promised to give A little over a year after signing the program—the education program that schools adequate resources. I am out- bill, the President deserves a report provides resources for the most eco- raged that only 1 year later, we are al- card on putting it into action. And nomically disadvantaged students in ready falling behind in our commit- here is what I would give him: an ‘‘A’’ the country—to the level that was au- ment to providing the resources needed for words, a ‘‘D’’ for deeds, dollars, and thorized for Fiscal Year 2003. The om- to make the reforms work. By increas- dedication. In Stamford Public nibus appropriations bill includes an ing funding for title I, our Nation’s Schools, where I was educated, those increase of only $1 billion, falling $4.65 poorest schools will be able to hire are pretty bad grades. billion short of the level authorized by more teachers, buy more computers, President Bush talks plenty about the No Child Left Behind Act. The De- and implement the kind of reforms the soft bigotry of low expectations; partment of Education announced that they need to improve student achieve- somebody needs to make sure he under- 8,652 schools will begin the 2002–2003 ment. stands the hard reality of inadequate school year ‘‘in need of improvement.’’ Increasing funding for Pell Grants is appropriations. The fact is the funding How will these schools be able to per- equally vital. In the 21st century, a col- levels that the President has requested form Mr. President, if they are not pro- lege education is the key to moving up have been consistently, dramatically vided with the resources to attract and the opportunity ladder. Yet the aver- below what was originally promised, retain high quality teachers and to im- age Pell grant doesn’t come close to leaving inadequate funding to educate plement reforms that will ensure all covering tuition at a State college, and our neediest children. children can learn to high standards? the gap between the cost of college and Money isn’t everything, but schools As I stated many times during debate the amount of financial aid available need money to hire good teachers.

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1040 CONGRESSIONAL RECORD — SENATE January 16, 2003 They need money to implement high the learning ladder steady and strong homeland security. We need to spur quality reforms. They need money to again. But if not, as standards continue strong economic growth. But we can- truly raise standards. Without those to rise in our elementary and sec- not turn our backs on our children. We resources, the new bill is just Washing- ondary schools, and college costs con- can afford to fully fund education if we ton’s hollow holler for them to change. tinue to soar, we will be setting up our are serious about making it a priority It is a disgrace that the President kids for a long, hard fall. and not just a soundbite. has underfunded title I by nearly $5 bil- Mr. President, I urge my colleagues, The PRESIDING OFFICER. The lion compared to what was called for in on both sides of the aisle, to join me in Democratic leader. the bill he himself signed with great supporting this amendment that will Mr. DASCHLE. Are we under a time fanfare. Our amendment would, will, restore $6 billion to our public schools, agreement at this time? fill that gap by funding an additional and put us back on track for meeting The PRESIDING OFFICER. We are $4.65 billion, to ensure that we meet our funding commitment to the high- not. our commitment to fully fund edu- quality academic reforms Congress Mr. DASCHLE. I come to the floor to cation for our Nation’s most disadvan- strongly supported last year. congratulate the distinguished Senator taged students. Mr. KOHL. Mr. President, I rise from Massachusetts on his amendment In my own State of Connecticut, this today in strong support of the amend- and on his efforts this afternoon. I said would mean an addition of nearly $11 ment by Senator KENNEDY. But frank- this morning I believed the amendment million for local schools to help them ly, I am surprised and disappointed offered by the distinguished Senator fund the critical reforms that will raise that it is even necessary. from West Virginia was perhaps the academic achievement for all students. Just one year ago, Congress over- most significant priority we could ad- It would also raise the maximum whelmingly passed, on a bipartisan dress, and indeed in terms of our per- amount of the Pell grant to $4,500 so basis, the No Child Left Behind Act. sonal security that is true, but I can- that more low-income students are not Eighty-seven Senators supported it. not think of a higher priority, in terms priced out of higher education. My fa- Three hundred eighty-one House Mem- of the long-term future and strength of ther worked days and nights in his ber supported it. And the President this country, than this issue and this store to earn enough to send me to col- signed it into law, hailing it as the amendment. lege. I was the first in my family to go. most sweeping reform of Federal edu- We talk about the need for strength. But for most families in an equivalent cation policy in a generation.’’ We all This amendment provides it. I have position today, even two incomes agreed that the combination of flexi- been home a good deal over the course aren’t enough to cover tuition. bility, accountability, and investment of the last several months, and I do not The Pell grant increase we propose is were the key to making the new law know that I have ever seen a time not nearly enough to fully meet the work. when my teachers, my school districts, Now, a year later, States and school needs of low- and moderate-income stu- my school superintendents, were more districts are working hard to meet dents, but it is a positive step forward. alarmed at the circumstances they their responsibilities. But the Repub- It will help make the college dream, faced than they are today. lican majority in Congress and the the dream to keep climbing the learn- We are not alone. There are many President are reneging on that deal. schools in South Dakota that have now ing ladder and get the skills necessary The omnibus bill before us falls far been forced to move from 5-day-a-week to compete in this information econ- short of the funding we promised just a school sessions to 4 days a week. Why? omy, a reality for more students. year ago. In other words, just as we are Because they do not have the re- Of course Federal money can’t flow asking States, teachers and students to sources. Why? Because they have to freely, not while we fight a war against achieve more, we are taking away the share teachers. Why? Because in many terrorism at home and abroad. But the funding they need to succeed. That is a choice we face isn’t between fighting cruel joke to play on students who we cases the Federal requirements are the war against terrorism and fixing committed to help 12 months ago. putting burdens on them that they our schools. It is infuriating to hear The Kennedy amendment would in- simply cannot meet budgetarily. people suggest that false choice. crease education funding by $6 billion I recall a debate we had years ago The truth is, this administration’s overall—rather than the $90 million cut about unfunded mandates. I recall that unfair and unaffordable tax cut, which recommended by the President. It debate so vividly because, I think prob- does too little to grow the economy would ensure that Title I, the main ably with unanimity, we said: Let’s put and too much to reward a few tax- Federal program that serves poor, dis- an end to unfunded mandates. Let’s say payers, has made it all but impossible advantaged children, would be fully we are no longer going to press upon to meet other critical needs. funded. That means 2 million more States and local governments more Think about what it would cost to poor children would be served nation- regulation if we are not going to pro- fully fund the new education law and wide. Wisconsin would receive $229 mil- vide the funding for them. raise Pell grants versus what the Presi- lion, an increase of nearly $80 million What has happened since that vote? dent wants to spend on the least effec- over fiscal year 2002 levels. Year after year, session after session, tive pieces of his 2001 tax cut, or on his In addition, this amendment would we have done just the opposite. There misguided so-called stimulus plan pro- ensure that 200,000 more students in is layer after layer of additional un- posed earlier this month. our nation have the opportunity to go funded mandates. I cannot think of This is about priorities. Do we spur to college. Unlike the President’s budg- anything more critical and more in economic growth with responsible tax et request, which flatlines Pell grants, evidence of that trend than this. cuts and necessary investments in edu- this amendment would provide $1.4 bil- I was an enthusiastic backer of the cation, or do we blow the bank on lion more for Pell grants. It would in- No Child Left Behind Act when we unaffordable and ineffective tax cuts crease the maximum award to $4,500— passed it. There is a need for greater and chronically fail to rise to our com- the highest level ever. accountability. There is a need to rec- mitment to education? The amendment before us would keep ognize the importance of more shared Throughout our history, public the promises we made to States, school information and a better under- schools have been the ladder that chil- boards, teachers and parents across standing of how schools are per- dren in poverty climb to enter the mid- this country. It would increase fund- forming. We know we need that. We dle class, the ladder that kids at all ing—not exhorbitantly, not unneces- said at the time, as important as re- economic levels climb to reach greater sarily—it simply provides the funding form is, it is impossible without re- heights and access new opportunities. we have already promised. States and sources. So we said at that time, in More and more that ladder is extending school districts are working hard to do order to ensure that we do not get to into higher education as well. their part to improve education. It is the position once more of imposing un- But in recent years, for too many time that the President and Congress funded mandates and impressing upon kids those rungs have gotten slippery. take responsibility and do our part. school districts the need for reform The ladder has gotten rickety. If I realize that our country has tre- without the support for reform, we passed, this amendment will help make mendous needs. We need to fully fund would guarantee them the resources, -

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1041 guarantee them the support. Guarantee where our mouths were a little over a The issue is not about comparing them they would not be facing the ex- year ago. Let’s say we understand the President George W. Bush to President traordinary nightmare that my school need for reform but we also understand Clinton. We are simply asking Presi- districts are facing right now. the need for resources. That is what dent Bush to do what he said he would That is what this amendment does. this amendment does. That is why I do when he signed the No Child Left This amendment says we are serious feel so strongly about supporting it. Behind Act, when he embraced all of about providing those resources. We That is why I applaud its author, Sen- the reforms within this act, when he are serious about providing the oppor- ator KENNEDY, and others, who have touted these reforms as a path-break- tunity for meaningful reform. If we are presented it to us today. ing development in Federal education going to do it, we have to start in this I yield the floor. policy. year’s appropriations bill. We cannot The PRESIDING OFFICER (Mr. COR- He understood, I think, and certainly wait 6 more months. We cannot tell the NYN). The Senator from New Hamp- in the deliberations we all came to the school districts, hold on, help is on the shire. understanding, that education is not way. Help is needed now. Mr. GREGG. I would appreciate it if just about one segment, not just about This amendment fully funds title I. the Senator from Rhode Island would students. It is about teachers. It is As I talk to school districts all over my allow me to proceed with a unanimous about facilities. It is about giving local State and around the country, they consent request. school districts incentives to improve say, if there is one thing you can do to I ask unanimous consent there now and ensuring they do improve by set- help, it is ensuring we have the re- be 60 minutes equally divided between ting up accountability measures. We sources for title I. myself and Senator KENNEDY; provided cannot do that without providing the What is troubling to me is the bizarre further that following the use or yield- resources. set of priorities we continue to face as ing back of the time, the Senate pro- There have been discussions in the we look at the budgetary questions ceed to a vote in relationship to my Chamber about unfunded mandates, that have come before the Congress in amendment, to be followed imme- and my colleague from New Hampshire the early days of the 108th Congress. diately by a vote in relationship to pointed out that in his view the testing is not an unfunded mandate because we We are told we cannot afford this Senator KENNEDY’s amendment. amendment. We are told the cut is nec- The PRESIDING OFFICER. Without will fund the testing. The reality is essary because it is in keeping with a objection, it is so ordered. that we are telling school districts to budget that requires us to cut $10 bil- Mr. GREGG. I appreciate the cour- not only test, but then to take those lion, first, and another 1.7 percent, or tesy of the Senator from Rhode Island. results and improve schools. I already have schools in Rhode Is- $6 billion, second, out of an appropria- I yield the floor. land that have been required by the De- tions bill that is already inadequate. The PRESIDING OFFICER. Who partment of Education to be certified That is what we are told. We are told yields time? as not making sufficient progress. Mr. KENNEDY. I yield 10 minutes to the only way we are going to be able to Under our legislation, that triggers the Senator from Rhode Island. meet our obligations is if we make steps the State and school districts Mr. REED. Mr. President, I rise to these cuts. must take. Those steps are not without I guarantee in a couple of weeks we support the Kennedy amendment which costs. Yet we are not providing suffi- will be right back, saying in spite of all would allow us to live up to the com- cient resources to meet all of those the need for the cuts, we have plenty of mitment we made just over a year ago costs. room for a $1 trillion tax cut, most of in the No Child Left Behind Act, that That is the unfunded mandate. That which will go to those in the very top we would fully fund educational pro- is what is objectionable. That is what brackets of income in the country. grams contained in that law and other we hear in every State capital in every That is a bizarre juxtaposition of prior- educational initiatives that are so im- community. You asked us to go out ities. We have a choice of helping our portant to all of our citizens. Today we and test our children, you asked us to kids, building strength for our future, are facing a budget that does not do start reforming, you asked us to have recognizing that school districts are in that. better teachers, better facilities, better dire straits and in desperate need of I was listening to my colleague who libraries. You give us money to test, this help, or turn around and say no to talked about President Bush’s efforts but where are the other resources? those children, no to those school dis- of the last two years with title I, which That is the heart of this whole discus- tricts, no to those States, and yes to is very important. These increases are sion and whole debate. the millionaires, yes to the tax cuts, commendable. I was listening to com- I recall, they were so eloquent and so yes to this extraordinary zeal, in spite parisons with President Clinton. I passionate, the words of our late col- of the need we find this very afternoon. think President Clinton did extremely league, Paul Wellstone, who said re- I hope on a bipartisan basis we can well in terms of funding education, and peatedly: recognize that if we were serious about he focused not just on title I but also We cannot realize the goal of leaving no passing real reform a year ago last De- efforts to reduce class sizes, increase child behind on a tin cup budget. cember, if we were serious about sug- professional development, and increase There were loads of us who, a year gesting that school districts would and improve the quality of the edu- ago, applauded the approach but feared have a new day, a new opportunity for cational efforts throughout this coun- the authorization would be what it meaningful reform with accountability try. seems to be on the floor this evening, and resources, we are going to support It is particularly noteworthy that just a hortatory, nice thing to do, rath- this amendment. We are going to rec- President Clinton exceeded all of his er than a goal we are bound and com- ognize that school districts have no recent predecessors in terms of Title I mitted to achieve. choice but to rely on us for help increases. President Reagan proposed a Last year, no one was talking about through this amendment. We are going 2.99-percent cut; President George Her- this as just merely suggestions, these to say yes, we recognize this is impor- bert Walker Bush, a 2.31-percent in- authorization levels. They talked tant from an educational point of view, crease; and President Clinton, a 4.01- about it as a real commitment. That is from a stimulus point of view, from the percent per year increase. why we are here. That is why Senator point of view of providing strength to When I arrived in 1990 in the other KENNEDY has this amendment. Let’s our schools and to our kids. There can body and served on the Education Com- make a real commitment, not just a be no more important amendment we mittee there, it was recognized that rhetorical one. Let’s put our money could take up on this appropriations education was important, but by 1995 a where our mouth was last year and bill than this amendment this after- Republican Congress was making its should be this year. We have to do that noon. We have to recognize that. first priority the elimination of the De- because we recognize unless we invest I can say with unanimity, we do on partment of Education. Yet in that en- in education we are not going to be this side. I only hope there are those on vironment we were still able to in- able to prepare young people to assume the Republican side who recognize it, crease funding for title I and other edu- roles, not just in our economy, but also too. Let’s put our real commitment cational programs. in our civic life.

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1042 CONGRESSIONAL RECORD — SENATE January 16, 2003 The tasks before schools today are so Child Left Behind Act has funding for it’s not just another report going into much more complicated. The new professional development, parental in- the garbage can. Actually, they don’t Americans who arrive daily with dif- volvement, school libraries, and a host go into the garbage can; they go into ferent languages and different cultural of other programs. some file cabinets that we also pay a viewpoints have to be, we hope, Let me tell you, those programs are lot of money for. seamlessly brought into our system, going to be drastically underfunded in I am not going to spend a lot of time and public education has been the the President’s budget, as I see it, even defending the levels of funding or try- great institution to do that. We have if we put more money into the title I ing to show who is outbidding whom— to support that. program. and that is what this is, just a bidding So we are here today to be very seri- But the point is, if we do not commit war, and we do it every year. Of course, ous about education, not just to pass a ourselves to the full change of edu- what I would like to ask the other side bill that we can go out and tout in our cational reform we are going to, I of the aisle is, if the increases in fund- states and then come back here and think, sadly misspend even the money ing and the funding is so important, say that was just rhetoric. We are here we commit to the program. why did we have to change majorities for the resources. We are here for the I hope we can support the Kennedy before we could even debate it? Why second part of the equation. amendment. I hope we can support ad- wasn’t this appropriations bill done The goals are there. The structure is ditional resources for education. In last summer? Why wasn’t it done in there. Now we really have to put the doing so, let’s fulfill our commitment, July or September? We are just debat- resources to those goals and to that not just our commitment to the act ing it now, and 41⁄2 months of the time structure. Senator KENNEDY has identi- that was passed last year, but a greater has already passed and we are saying fied two of the key components: title I, commitment, to give every citizen in this is a crisis and we need to outbid which serves practically every commu- this country the opportunity to suc- each other. nity in this country, and also Pell ceed, and the best instrument to do This is a crisis and we need to get it grants. that is good education. We all believe done, but it doesn’t have to be a bid- In distinction to the approach of Sen- that. Let’s translate our beliefs into ding war. We need to get this done so ator KENNEDY, my colleague from New votes this evening and put the money we can get to the next part of the proc- Hampshire would suggest an across- where it should be. ess, which is to do a budget. Remem- the-board cut. So many people have al- I yield the remainder of my time. ber, we missed having a budget last ready pointed out this overall omnibus The PRESIDING OFFICER. Who year, the first time in 32 years that we is deficient in so many different ways, yields time? had not had a budget. That kind of to take from the Department of Vet- Mr. ENZI. Mr. President, I yield my- kept us from getting to those appro- erans Affairs, to take from the other self 10 minutes. priations bills. And we did not. Now departments, is not a way to solve this The PRESIDING OFFICER. Without what we need to do is get this done, get issue. We have to stand up and fund objection, it is so ordered. on to the budget, get on to the appro- these programs in education without Mr. ENZI. Mr. President, every time priations, and do it correctly this next denying other worthwhile programs. I we have the education debate I feel a year; have the hearings, have the de- think we can. I think we should. little bit compelled to come over to the bates on this floor without the time Of course, all of this is in the context floor and point out to my colleagues constraints of being 41⁄2 months late. of what follows this appropriations the extent of what we are talking I thank the Senator from New Hamp- process. It is already the announced about. We are talking today as if the shire for his presentation on the way goal, the objective of the President, to Federal Government solves all edu- the Bush administration has increased propose a huge tax cut. We should ask cation problems. We are the problem. funding for schools. As the accountant, ourselves why can’t we, today, simply We provide about 8 percent of the fund- I am pleased with the charts he has reserve from that proposed tax cut suf- ing for education and we provide over done and the figures he has given on ficient moneys this year and in the 50 percent of the paperwork for edu- the increases the Bush administration years to come to fully fund education? cation. We have been attacking this ac- has done for education. I would suspect, and I would even countability thing with papers that Elementary and secondary education wager that, if you asked most Ameri- have to be turned in to the Department funding is growing at a faster rate than cans whether they would prefer to fund of Education for years. enrollment. In 2002, there was a 27 per- this bipartisan education act—which I have a person on my staff who is a cent increase in elementary and sec- has been touted, supported, embraced former principal. He was a principal ondary education funding, and that by all sides, President Bush, Repub- and he took a leave of absence to come was compared to a 0.3 percent increase lican congressional leaders, and Demo- back to Washington and take a look at in enrollment. cratic congressional leaders—by taking what happens to the forms he fills out. Let me say that again. In 2002 we did money from that tax cut and putting it He spent a semester at the Department a 27 percent increase in education fund- into this sound program, and they of Education. When he reported back ing, and that was compared to a 0.3 agree it is sound, they would agree he said: You know, they actually read percent increase in enrollment. overwhelmingly. all of those documents. They make Since much of the new money from In a way, we are not doing that di- sure that every ‘‘i’’ is dotted and every 2002 is just reaching the schools for the rectly, but that is the overarching con- ‘‘t’’ is crossed. He said the big dis- first time, the massive increase for 2002 text of our efforts this afternoon. We appointment is then there is no use for began reaching them in last July. It is want to put the resources where they the paperwork. Nothing happens with disingenuous to make the case that the should be, in title I and in Pell grants. it. There is no accountability. There is Federal Government isn’t doing its We want to keep our promises. We no support. There is no help to the share when it comes to dollars for edu- want to make sure all the provisions of schools. We need to do something dif- cation. Again, I point out the delay in this No Child Left Behind Act have a ferently. appropriations this year. In fact, a fair chance to operate and succeed. That is what No Child Left Behind is total of $19 billion from 2002 is still sit- Let me just conclude by saying one about, taking a different approach to ting over at the Department of Edu- of the major points that persuaded me accountability. We have been placing cation and has not been drawn down by with some—I wouldn’t say reluctance, this huge burden on schools for a long the schools. That is $19 billion. That is but with some hesitancy, because I time. We have not been providing the more than we are talking about in any feared this day where we, a year after money to provide the paperwork. Now bidding wars we are doing here. our press releases, would be coming we said let’s try a different approach; But let us not forget that the No here and finding the money is not there let’s let them set up an accountability Child Left Behind Act is not just about to do the job—but what persuaded me mechanism; let’s give them some Federal investment in education. It is is that this bill essentially recognized money so they can do the account- about getting a return on that invest- that education is not just one thing, it ability; and then let’s see if we can ment and improved student achieve- is many things. That is why this No hold their feet to the fire with that so ment for all of our children. That

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1043 means dedication of the States, too. It dealing with a situation such as that. Since I have been here in Congress, is not just an effort to move the burden It took 45 minutes for the police to get we are doing a lot to put new mandates to the Federal Government. The States there to remove the skunk. on our local communities about what have to be involved. Teachers are challenged. Principals their responsibilities are with regard to I am pleased to say that according to are challenged. We need to have well- education. But we are not providing the Washington Post there are two prepared teachers who are qualified to the kind of resources that will allow States in the United States that fully teach. I am blessed to say that in Wyo- them to fulfill those mandates effec- fund their education plan. One of those ming that we have met that goal—not tively to meet the needs of our kids— is Wyoming. When we are talking completely. We are still working on those 6 million children left behind about increases in dollars, we are cer- having better teachers all the time. under title I whom Senator KENNEDY so tainly hoping it can have the flexi- I remember one fellow running for appropriately tried to address with his bility that will go to the kinds of pro- superintendent in the public schools amendment. grams to help develop our kids for the saying the job of the principal was to I just have an incredible misunder- kind of jobs there will be in the future make sure good teachers got better and standing of why we think we need a so they can stay in Wyoming and so bad teachers got better somewhere $675 billion tax cut and $375 billion of it they can compete in the global market. else. going to dividend exclusions, 80 percent We have recognized the importance of But I do want to say the President’s of the overall tax cut going to the top education. We have fully funded edu- budget asks for money for increases in 5 percent, and 60 percent going to the cation. That isn’t enough money. We teachers and increases for reading pro- top 10 percent in our society, when we are also one of those States with a de- grams. are unwilling to invest in those 6 mil- clining enrollment. We aren’t even I want to close by saying that the lion kids and the 10,000 failing schools three-fifths of 1 percent in increase in combination of the very substantial that have already been identified. And enrollment. new funding provided over the past 3 40 percent of the title I schools don’t Let us keep in mind that, even with years and the reforms in the No Child have teachers who are qualified to sit limited resources, economic concerns, Left Behind Act will make a real dif- in the classroom. I don’t get it. I don’t and many additional important na- ference in improving the performance understand why there is this serious tional priorities as a result of our Na- of our schools and the achievement of deficit problem back in our State and tion’s war on terrorism, the President’s all students. local communities and we are talking 2003 budget and this bill contain sig- What I have said today shows the pic- about a tax cut and a priority that nificant increases in the areas that ture in addition to what the Senator doesn’t relate to the long-term health most directly affect the neediest chil- from New Hampshire said. He has put and growth of our Nation. It just dren. in an amendment that does call for an doesn’t make sense. I hear all the arguments about who is I could go into some more detail on increase in spending and the flexibility growing the educational budget faster, that. We have a time agreement. I ap- that I have been talking about for the or whether it is this year or over in the preciate having a time agreement so Wyoming schools and for other States Clinton administration. The fact is we we can begin some votes. that have been doing an adequate job have a real need. These are tangible But I do think we have the capabili- of funding their students presently. It needs to be addressed. They need to be ties to do the kind of things for which gives them the flexibility to spend it addressed now. We have choices. Six the No Child Left Behind Act is in- on the things they think are needed billion dollars is not even a tenth of tended. We can do better next year, and the worst. the $675 billion we are talking about in we will as we do the process the way it I hope you will support the Gregg the tax cut. And, by the way, when you was designed to be done. amendment. I hope you will defeat the add the interest, it is $1 trillion. What We know well-prepared teachers lead Kennedy amendment and provide for a to a child’s success in school. However, is $6 billion among friends? budget and appropriations now. This is not the right priority, in my millions of children don’t have the ben- I yield the floor. view, and it certainly is not what the efit of a qualified teacher in their The PRESIDING OFFICER. Who people of New Jersey are telling me classroom. That is why this bill pro- yields time? The Senator from New they want. vides almost $3 billion this year to sup- Jersey. Mr. KENNEDY. Will the Senator port our Nation’s teachers. Mr. CORZINE. Mr. President, I ask yield on that point? I yield myself 2 I am particularly sensitive to that unanimous consent to have 6 minutes minutes on this. because my oldest daughter is a prin- from the time allotted to Senator KEN- Is the Senator saying as we are con- cipal in the Wyoming School System. NEDY. sidering the omnibus bill and the She was a teacher. She taught English The PRESIDING OFFICER. Is there money which is going to be expended to seventh graders for about 6 years. I objection? on that—of which $10 billion was gen- think that is one of the challenging Without objection, it is so ordered. erally agreed to last year by Repub- places to teach because students have Mr. CORZINE. Mr. President, I want licans and Democrats—that we would all those hormones and body changes to say a few words to reflect what I take $6 billion of that $10 billion—and and all of those things. She really en- know the people of New Jersey believe there are those who are opposing it— joys it. She got two masters degrees with regard to the debate we are hav- that we are still going to say we can af- while she was doing that, and one of ing on the floor about the omnibus ap- ford the $670 billion, and a great per- them entitled her to be a principal. She propriations bill, particularly with re- centage of that will go to the top 1 per- was hired principal in a little commu- gard to the two priorities we talked cent of the wealthiest individuals, and nity called Chugwater. I hope you will about today—homeland defense, but that is a higher priority than meeting try Chugwater chili and the great particularly as it relates to our edu- what President Bush and a bipartisan spices for the chili. It is the commu- cational priorities in this country. group pointed out were the needs of nity activity and the community busi- I feel as if I am living in a different children in many of the poorest areas ness in a town of 256 people. world from what I hear talked about on of this country? Enrollment in the school, kinder- the floor of the Senate. We are experi- Mr. CORZINE. The Senator from garten through 12th grade, is 130. She encing in my home State a severe fis- Massachusetts is, as always, using found out there are some experiences cal crisis. We have a $5 billion budget common sense. We are saying this tax the education textbooks don’t cover. deficit this year that has to be closed cut is more important than investing On the the first day of school there was at the expense of our kids and invest- in our kids, investing in our schools, a rattle snake in the building. On the ing properly in our homeland defense. fulfilling the promise that we talked second day, a seventh grader found a Then I hear, by the way, that we are about and debated and worked, on a bi- black widow spider. Day before yester- having on average, across our local partisan basis, to provide. Improve- day, there was a skunk in the school- communities, about a 7-percent in- ment and flexibility—all the things the yard. This is 45 miles from anywhere. crease in property taxes, which is real- distinguished Senator from New Hamp- There are some different problems ly going to fund education. shire talked about in principles—we

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1044 CONGRESSIONAL RECORD — SENATE January 16, 2003 are all for that, but we are saying this who are already doing well, when we that. But he called for more tests than darn tax cut is a lot more important can’t make the choice to provide the $6 usual, so that we could monitor, on an than the priorities of educating our billion that we want to invest in our annual basis, how our children are kids. schools? doing in school. And, of course, those Mr. KENNEDY. Mr. President, I yield I appreciate Senator KENNEDY’s ef- schools that are not doing a good job, myself one more minute. forts here. I wholeheartedly support where children are falling behind, will Is the Senator, therefore, suggesting, them and hope my colleagues will as require some remedial effort. The re- as we look down the line in terms of well. medial effort involves title I, part of the national budget—and what the The PRESIDING OFFICER. Who the Elementary and Secondary Edu- budget is going to be—that we have the yields time? cation Act, which Senator KENNEDY is choice of having the $6 billion to take Mr. KENNEDY. Mr. President, how trying to fund. care of 2 million more children, who we much time remains on either side? Senator KENNEDY is trying to keep promised we would take care of in title The PRESIDING OFFICER. The Sen- President Bush’s promise to America I, and perhaps reducing the President’s ator from Massachusetts has 111⁄2 min- when it comes to education. It is not tax cut by $10 billion this year? utes. The Senator from New Hampshire enough to say that the schools are fail- That could be done, as the Senator has 19 minutes. ing us, the schools are falling behind. said. We could say: Look, we, in the Mr. KENNEDY. I yield 5 minutes to Senator KENNEDY brings, with this Senate, say, OK, we think it is more the Senator from Illinois. amendment, a chance for every Repub- important to provide funding for the The PRESIDING OFFICER. The Sen- lican who voted for No Child Left Be- children and to reduce the President’s ator from Illinois. hind, and those of us on the Demo- tax cut by the $6 billion that would be Mr. DURBIN. Mr. President, I thank cratic side who joined, to keep our affected this year. We have that choice, the Senator from Massachusetts not promise and keep our word. do we not? only for yielding time but also for his Failing that, if we do not come up Mr. CORZINE. I think it is abso- leadership on this issue. with the resources for West Virginia, lutely in the hands of the people who I would like to note to the Senator for Massachusetts, or New Hampshire, sit in this Chamber to make the deci- from Massachusetts that the President then they will have to make difficult sions. We are elected to talk about pri- gave a speech last night relative to the decisions. orities. Where are the priorities in this issue of affirmative action in which he They will have the Federal require- Nation with regard to homeland de- said he did not believe preferences ments of No Child Left Behind—re- fense, and certainly with our longrun should be given based on race but, quirements to improve their cur- health and security—that American rather, people should be chosen based riculum, improve their teachers, im- promise that we hear and we all em- on merit. prove their teaching assistants, formu- brace? If you accept the President’s premise, late all sorts of tests and evaluate the We are making a choice that a tax that Americans should have an oppor- students—but they will not have the cut, which is going to promise those tunity to be educated, and then com- resources to improve their schools. who are already doing really well—that pete for spots at good universities, What will we have accomplished? We 1 percent, that 5 percent, or 20 percent; then doesn’t it follow you would want will have diagnosed an illness, but the however you cut it—they are more im- to make certain that people across President refuses to come up with the portant than our kids in making sure America have equal opportunity in drugs necessary to cure it. Senator that everybody has access to the Amer- education? Because how can you com- KENNEDY’s amendment does. Senator ican promise. pete on the basis of merit and edu- KENNEDY comes forward and says: Let’s Mr. KENNEDY. I thank the Senator cation if you don’t have a good school put the money we promised on the again and appreciate his comments. I and a good teacher, a good curriculum, table. If you don’t do that, I will tell hope he will continue. and an opportunity to learn? you what will happen in my State and Mr. CORZINE. I will just wrap up. Senator KENNEDY comes to us today most other States. You will have a Again, I have a hard time under- offering this amendment saying: Why mandate from Washington, under standing this debate, when we have aren’t we putting money into edu- President Bush’s No Child Left Behind, such a clear choice in front of us, when cation so that children—all children, and no funds to meet the mandate. And we talk about the needs of these 6 mil- minority children as well as majority what a terrible time for that to hap- lion kids, the 10,000 identified failing children—have an opportunity to pen. schools. learn? Estimates across the Nation suggest By the way, we are all in favor of the I think this is a test for the other that States are falling behind $90- or flexibility and making sure that the side of the aisle. If you support the $100 billion this year. In my State, it is local school districts have the ability President’s position, in opposition to $5 billion. I can tell you where the cuts to deal with a lot of these issues. But affirmative action, and believe people will be made. Sadly, they will be made we cannot turn around failed schools if should be judged on merit, then, for in education. And so, in Illinois, we we don’t have teachers who are quali- goodness sakes, create a level playing will be cutting basic funds for edu- fied to sit in the classrooms. And we field, so the children from the poorest cation while President Bush’s require- need to do it. families, in the poorest schools, have a ments under No Child Left Behind are By the way, one of the ways we get chance to learn, compete, and lead ful- being imposed on Illinois school dis- those qualified teachers in those class- filled lives. tricts facing bankruptcy. rooms is to make sure the Pell grant It will be interesting to see what hap- Where is the fairness in that out- program is properly funded, where peo- pens, whether the same Senators who come? And the Senator from New ple who need the opportunity to get a oppose affirmative action will also op- Hampshire suggested we do across-the- higher education actually have access. pose funding education. board cuts from all the other agencies I hear about the tax cut, $30 billion Secondly, let me suggest Senator to come up with a pot of money, and that went into the tax system. That is KENNEDY is keeping his word. When he send it to the States to deal with on a great, as long as you have taxable in- and I and others joined the President grant basis. You can certainly argue come. If you don’t have anything to in voting for No Child Left Behind, it with his premise as to whether or not have a tax credit against, it is pretty was not an empty promise; it was a we can continue to make cuts in a lot hard to figure out how you are going to promise that we would stand with the of different agencies that have already use that to fund higher education that schools, the families, and the children been cut and trimmed, time and time will ultimately end up providing our in improving the quality of education again—whether it is the Veterans’ Ad- teachers, our doctors, our researchers, across America. ministration or homeland security; and and all the people to go forward. The President took great pride in those are certainly areas where we So I hope my colleagues can under- this education bill, and he passed it could debate long and hard as to stand the simple concept: Do we really and said: The first thing we need is ac- whether that is the right thing to do— need a $675 billion tax cut, for those countability. I certainly agree with but what Senator KENNEDY is doing

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1045 with this amendment is asking Con- The issue is the appropriateness of The first order of business is to de- gress to keep its word. the two different amendments. The fend our Nation with strong and effec- All of those who posed for those po- Kennedy amendment essentially tries tive antiterrorism activity, and we litical ‘‘holy’’ pictures with the Presi- to fund No Child Left Behind at about have a President who is doing that. We dent, which showed us being friends of a $4.6 billion level of additional fund- have aggressively funded that. the education President and friends of ing, which theoretically gets to an au- I happen to believe the second order education, now have to come through thorized level, which is pretty hard to of business is to fund education. That with the money to make sure it hap- put your hand around but theoretically is why we propose this amendment pens. If we do not, then, frankly, we gets there. We are talking about put- which basically reallocates funds from should be held accountable. ting $5 billion, which works out to other accounts into the education ac- Those who vote no on this amend- about the same number as Senator count and fully funds No Child Left Be- ment— KENNEDY’s, into the No Child Left Be- hind as defined by Senator KENNEDY’s The PRESIDING OFFICER. The Sen- hind bill. definition. ator has used 5 minutes. From a dollar standpoint, the two I happen to believe No Child Left Be- Mr. DURBIN. Mr. President, I ask for amendments are essentially the same. hind is getting significant dollars, 30 additional seconds. Where they differ is in how they ap- probably more than they can spend, Mr. KENNEDY. Thirty seconds. proach those dollars. We say to local but these additional dollars will abso- The PRESIDING OFFICER. The Sen- school districts: Here is the money. lutely guarantee that our local school ator from Illinois. You can take it. You can use it to ad- districts have the money they need. Mr. DURBIN. Mr. President, those dress your needs in your local school I reserve the remainder of my time. who vote no on this amendment have systems as you try to respond to No The PRESIDING OFFICER. Who basically asked for the best of both Child Left Behind. yields time? worlds. They want all the positive pub- We know that many of our school Mr. KENNEDY. Mr. President, how licity for reforming education, but systems think that in areas such as much time do I have? they don’t want to pay the bill. That is teacher training or classrooms or The PRESIDING OFFICER. The Sen- an abdication of responsibility to my maybe just testing or whatever it is, ator from Massachusetts has 5 minutes State and every other State. they think they need more money for 45 seconds. I urge Senators who believe in the No Child Left Behind. This money we Mr. KENNEDY. Mr. President, I yield President’s program to stand with the are proposing goes to them without myself 21⁄2 minutes. program when it comes to providing any strings, without any controls com- I ask unanimous consent that Sen- the funds. This amendment will give ing from Washington. It says, you have ators DAYTON, DURBIN, EDWARDS, them that chance to do so. to use it for No Child Left Behind ini- KERRY, CORZINE, and LANDRIEU be I yield the floor. tiatives. As a result, it is going to give added as cosponsors of my amendment. The PRESIDING OFFICER. Who the flexibility to local school districts The PRESIDING OFFICER. Without yields time? which they really want with these dol- objection, it is so ordered. Mr. GREGG. Mr. President, what is lars to accomplish the goal which, let’s Mr. KENNEDY. We will have a the status of the time? not forget, is to make sure the kids chance to vote in a few minutes. One The PRESIDING OFFICER. The Sen- learn. The whole purpose of this bill is will be for the Gregg amendment. And ator from New Hampshire has 19 min- to make sure the kids learn. The prior- I hope our colleagues will vote against utes 17 seconds. The Senator from Mas- ities should be how we get to that it. Then we will have an opportunity to sachusetts has 5 minutes 50 seconds. point. vote for the amendment I have intro- Mr. GREGG. I thank the Chair. The second thing we do in our duced with a number of our colleagues Mr. President, let’s remember what amendment, which is not done under that will add some $6 billion and we are debating here relative to the the Kennedy amendment, is that we achieve what the President had actu- merits of the various amendments. We pay for it. I just heard the Senator ally committed; that is, to begin the heard another restatement of this rep- from Illinois say: We don’t need to pay real downpayment in reaching all the resentation that the President has not for this. We can’t cut anything else. children who need the Title I funding. made a commitment to No Child Left Listen, we are running a deficit. We If you accept the Gregg amendment, Behind. He has not only made a com- are at war. We are a nation which is that will result in reducing funding for mitment, he has made the most signifi- under some fiscal strain in our econ- Head Start by $104 million; NIH by $410 cant commitment to education in re- omy. The fact is, we have to reinstitute million; highways by $501 million, NSF cent history, the most significant com- fiscal discipline in the Congress. Re- by $64 million. mitment to title I in history, and the grettably, under the prior Congress, no I see our ranking member of the Ap- most significant commitment to IDEA budget was passed. The Democratic propriations Committee. He talked in history. Compared to the prior ad- Party, for whatever reason, decided not about a 1.3-percent cut. I have indi- ministration, his commitment rep- to bring a budget to the floor of the cated what the 1.3 percent would be resents a massive increase. In fact, if Senate in the last session of the last over the year. But as the good Senator you take the 7 years of the prior ad- Congress, which left us without any en- from West Virginia knows, we are talk- ministration, running up to 2001, and forcement mechanisms. It was, in my ing about a budget that is only 9 compare it to the President’s first 2 opinion, a grossly irresponsible act; the months. So the 1.3 will mean deeper years, the President has actually made first time in my experience in this Con- cuts in each and every one of these pro- a commitment that exceeds those 7 gress that we did not have a budget. grams. If you vote for that, that is years in 2 years by approximately $500 Therefore, we did not have enforcement what you are voting for in the Gregg million. Or almost 25 percent more mechanisms. amendment. than what President Clinton put into Now we are in a situation where the Secondly, on the Gregg amendment, education over 7 years, President Bush President has said, through the force of it is basically the block grant program has put into education in 2 years. his bully pulpit: Here is the number, that will go for any education pur- His commitment to title I has been a 750. It is a reasonable number. It rep- poses. I remind my colleagues what the 27-percent increase over the Clinton resents a significant, dramatic increase President of the United States said, commitment. His commitment to spe- in funding by the Federal Government. and I agree with him. This is in his re- cial education has been $1 billion a It represents a massive increase in Fed- port from the Department of Edu- year each year for the first 2 years of eral spending. It is a double-digit in- cation: President Bush emphasized his his administration, the two most sig- crease in Federal spending. He said: deep belief in public schools, but even a nificant increases in history compared, Hold that 750 number. greater concern about too many of our again, to the Clinton years. It dwarfs Members of the other side are not neediest children being left behind. what the administration did during willing to do that. They don’t want any That is President Bush. that period. That isn’t necessarily the budget discipline. We believe there That is what we are trying to get at. issue, although it has been a matter of should be budget discipline. We believe The Gregg amendment doesn’t even ad- debate. our job as legislators is to prioritize. dress that issue. It doesn’t say, look, I

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1046 CONGRESSIONAL RECORD — SENATE January 16, 2003 will take $5 billion; I will just put it to- subcommittee that has jurisdiction accounts. But, it ought not be done on ward title I. He says it can be used for over the Department of Education. I an afternoon when we are racing anything. have been on the subcommittee, and I against time to finish this multibillion President Bush says he is concerned am now in my 23rd year. I took over dollar omnibus bill so we can get out of about the neediest children being left the chairmanship in 1995 and have here for the weekend and give 600 behind. Then this amendment really worked very closely and coordinated speeches over the weekend that are al- makes very little sense. with Senator TOM HARKIN. On a bipar- ready committed to, and the Martin I see my friend from Florida. How tisan basis, we have added an enormous Luther King holiday is on Monday, and much time do I have totally? amount to the Department of Edu- the prospect of being here Sunday, or The PRESIDING OFFICER. The Sen- cation, starting in my first year as coming in on Tuesday—if people really ator from Massachusetts has 3 minutes chairman with $23 billion, and now knew what we did and what the pres- 22 seconds. being up to $51.5 billion. Since the year sures were on spending billions of dol- Mr. KENNEDY. I am glad to yield a 2000, we have had a 45 percent increase lars of taxpayers’ money, they would minute to the Senator from Florida. in education funding. throw all the rascals out. Unfortu- The PRESIDING OFFICER. The Sen- Now, maybe we do need an additional nately, C–SPAN 2 doesn’t have suffi- ator from Florida. $6 billion, or maybe we don’t need an cient coverage to really tell the Amer- Mr. NELSON of Florida. I thank the additional $6 billion. It cannot be ra- ican people what is going on here. Senator for the time. tionally decided in the course of a few If you take a look at what Senator Mr. President, I wish to express sup- hours on the Senate floor. We ought to HARKIN and I have done as we have port. I thought a deal was a deal. Last have hearings and have experts and changed the gavel over the years, rais- year, when the Senator from Massa- have witnesses come in and define the ing the education budget from $23 bil- chusetts negotiated the authorizing subject and delineate the subject to lion in 1996 to $51.5 billion-plus now, at bill with the White House, it was that allow us to analyze it and to make ra- a 45 percent increase since the year we would increase the funding level tional decisions. 2000, and the way we have raised the from the Federal Government, which is It is widely noted that the two things Pell grant awards, there has been a tre- only 7 percent of all of the educational you never want to see made are sau- mendous increase. funding, because most of the edu- sage and legislation. Well, this legisla- I am prepared, in my capacity as cational funding is at the State and tion is giving sausage a bad name. We chairman of the subcommittee, to go local level, as it should be, but the Fed- are being asked to make this decision to work and see whether you need more eral Government had a unique position, in a rushed way in the course of a few money here so as to not to leave any especially for the disadvantaged, to hours. child behind. However, I must protest help out the States so that a child Now, on the Pell grants, I agree the the way we are conducting the business would have an equal opportunity to Pell grants are very valuable, but take of the Senate because we didn’t get a learn. a look at what has happened in the budget last year. It is just absolutely So in the minute that the Senator course of the last several years on Pell inexcusable. The Palestinian Authority has given me, I wanted to express my grants. They have gone from $2,600 in has a budget, but the Senate doesn’t support for his position to honor the 1997, up to $3,300 in 2000, up to $4,000 have a budget. Now we are being asked agreement that was made between the last year. When Senator HARKIN and I to appropriate billions of dollars under White House and the Congress last year put that $4,000 figure in, the director of time pressure, which is simply not on educational funding. Management and Budget, Mitch Dan- right. Between the lesser of the irra- The PRESIDING OFFICER. The Sen- iels, came to my office and complained tional amendments, I choose Senator ator has used 1 minute. bitterly that it was too much money GREGG’s. I think we ought to go Who yields time? and wanted it offset. Senator HARKIN through the hearing process, the legiti- The PRESIDING OFFICER. The Sen- and I stood by our guns. This year, mate process, and do our jobs for the ator from Pennsylvania is recognized. they are going to go up to $4,100. public interest and not pass these Mr. SPECTER. Mr. President, Sen- We have a budget that has to accom- amendments, which are really a polit- ator GREGG has authorized me to yield modate a great many factors. One of ical bidding war to look good under the 10 minutes to myself. my other jobs is chairing the Veterans mantle of backing education. The PRESIDING OFFICER. Without Affairs Committee. This afternoon, I Let me repeat, in the 23 years I have objection, it is so ordered. sat down with Secretary Tony Principi been in this body, I have seldom, if The Senator from Pennsylvania is to go over a program he has to reduce ever, voted against increasing money recognized for 10 minutes. eligibility for VA care. He has to do for education, but this goes too far. Mr. SPECTER. Mr. President, it is that because the veterans covered were I yield the floor. always difficult to oppose increases in 2.9 million in 1998, when we went to The PRESIDING OFFICER. The Sen- education funding because education is open enrollment, and now it is 6.8 mil- ator from New Hampshire is recog- the greatest capital asset this country lion. There simply isn’t enough money nized. has. However, in approaching this leg- in the VA budget. I would like to see Mr. GREGG. Mr. President, first, let islation today, with an omnibus bill on more money in the VA budget. I am me state I greatly admire the Senator the floor, an effort is being made to concerned about what is going to hap- from Pennsylvania, who has done an cram into two days what should have pen in the National Institutes of extraordinary job of attempting to occurred during the course of a year. Health budget when and if this is fund some very complicated issues, Last year the Senate did not have a adopted. Senator GREGG’s amendment with lots of different priorities. He has budget. is the less irrational of the two amend- driven increases in special ed funding I have just returned from a trip to ments on the floor—the less irrational. and has been a huge player in title I Israel where the Palestinian Authority I don’t think either is rational. We and many other positive efforts as has a budget, but the United States have to make a judgment and a choice ranking member and chairman of the Senate doesn’t have a budget. Now, we about which is the least undesirable. If subcommittee. I congratulate him. I are being called upon in the course of a the Gregg amendment is adopted, we am always happy to be the more ra- few hours to make decisions involving are going to be cutting the NIH. Why? tional of the irrational. billions of dollars. Because Senator GREGG, realistically, I yield 2 minutes to the Senator from What we have here, realistically, is is offering a counterbalance to what Pennsylvania, Senator SANTORUM. an auction, a bidding war, a political Senator KENNEDY is offering, and that Mr. SANTORUM. Mr. President, we bidding war to see who will look the is because we are in an auction and a have heard a lot of talk on the floor in best, trying to clothe themselves with bidding war for political cover, because the last few weeks about the deficits being the protectors of education. We everybody wants to look good by add- we are facing and about the irrational have a duty to the taxpayers of Amer- ing money to education. conduct of the President proposing re- ica to make rational decisions. I am Maybe we ought to take more money ductions in taxes. I want to point out the chairman of the Appropriations for education from some of the other the exercise we are engaged in right

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1047 now. As the Senator from Massachu- that there are 11 million children who yeas and nays have been ordered. The setts said, we are talking about real have been left out and left behind. He clerk will call the roll. money. It is real money. What is being talked about a partnership between the The legislative clerk called the roll. proposed in these amendments is real Federal Government, the students, the Mr. MCCONNELL. I announce that money that will add real dollars to the States, the local communities, and the the Senator from Nebraska (Mr. deficit. parents; that we were going to work to- HAGEL) is necessarily absent. I am going to start a process with gether to enhance academic achieve- Mr. REID. I announce that the Sen- every amendment we vote on. We are ment and responsibility, and that there ator from North Carolina (Mr. going to keep a running tally of how was going to be tough accountability. EDWARDS) and the Senator from Massa- much money—over this period of time We supported that in a bipartisan way chusetts (Mr. KERRY) are necessarily we are proposing amendments to add in this Senate, in the House of Rep- absent. spending—we will add to the deficits resentatives, and all across this coun- I further announce that, if present over the next 10 years. The Byrd try. and voting, the Senator from North amendment, which got 45 Democratic All this amendment does is make Carolina (Mr. EDWARDS) and the Sen- votes, adds $5 billion for this year. Peo- sure we are going to have a real down- ator from Massachusetts (Mr. KERRY) ple have to understand when you add $5 payment to that commitment by en- would each vote ‘‘no’’. billion this year, it becomes part of the suring that at least 2 million more The PRESIDING OFFICER. Are there baseline, which is $5 billion not just children will be included in the No any other Senators in the Chamber de- this year but for 10 more years, plus in- Child Left Behind legislation. Four siring to vote? flation and the interest costs it takes million will still be left out. Four mil- The result was announced—yeas 52, to finance that deficit; that is $70 bil- lion will still be left behind. This nays 45, as follows: lion over 10 years. That $5 billion you amendment is just a downpayment on [Rollcall Vote No. 4 Leg.] voted for this year is $70 billion over 10 that pledge made in the No Child Left YEAS—52 years. Behind Act. Alexander Dole Murkowski We don’t know what the vote is yet If my colleagues support this amend- Allard Domenici Nelson (NE) Allen Ensign on the Kennedy amendment, but it is Nickles ment, we are still under the overall Bennett Enzi Roberts $6 billion; over 10 years, it is $84 bil- caps that were agreed to. For anyone Bond Fitzgerald Santorum lion. So these two votes add up to $154 worried about the budget, I say this is Brownback Frist Sessions billion. And we are just starting, folks. a better investment in the future of Bunning Graham (SC) Shelby Burns Grassley Smith It is $154 billion added to the deficit. our country than the $670 billion that Campbell Gregg Snowe So let’s look at the folks who are Chafee Hatch the Republicans and the administra- Specter Chambliss Hutchison crying about how we don’t have enough tion are supporting in tax breaks. This Stevens Cochran Inhofe money to let people keep some of it, is what the American families want: Coleman Kyl Sununu but we certainly have enough to spend Invest in their children, invest in edu- Collins Lott Talent more of it. I am going to warn my col- cation. That is what our amendment Cornyn Lugar Thomas leagues that this is the starting of a, Craig McCain Voinovich does. Crapo McConnell Warner hopefully, short but presumably long The PRESIDING OFFICER. The Sen- DeWine Miller process of adding the numbers of how ator’s time has expired. NAYS—45 much our colleagues on the other side Mr. GREGG. Mr. President, what is Akaka Dodd Leahy of the aisle are going to add to the def- the status of the time? Baucus Dorgan Levin icit; and when we reach about $600 bil- The PRESIDING OFFICER. The Sen- Bayh Durbin Lieberman lion—and I would not be surprised if we ator has 2 minutes 52 seconds remain- Biden Feingold Lincoln do—you will be at the amount the ing. Bingaman Feinstein Mikulski Boxer Graham (FL) Murray President wants to give back. Mr. GREGG. Does the Senator from Breaux Harkin Nelson (FL) Mr. GREGG. Mr. President, I ask Massachusetts retain any time? Byrd Hollings Pryor unanimous consent that there be 2 The PRESIDING OFFICER. He is out Cantwell Inouye Reed minutes for debate equally divided of time. Carper Jeffords Reid Clinton Johnson Rockefeller prior to the beginning of the second Mr. GREGG. Mr. President, let us re- Conrad Kennedy Sarbanes vote on the Kennedy amendment. turn to the amendments. The amend- Corzine Kohl Schumer The PRESIDING OFFICER (Mr. ment I put forward is a $5 billion in- Daschle Landrieu Stabenow Dayton Lautenberg Wyden CHAMBLISS). Without objection, it is so crease in educational funding. It is a ordered. process of funding, however, that sends NOT VOTING—3 Mr. GREGG. Mr. President, I ask for the money back to the States without Edwards Hagel Kerry the yeas and nays on my amendment. strings, gives them the flexibility they The amendment (No. 19) was agreed The PRESIDING OFFICER. Is there a need to meet the obligations of the No to. sufficient second? Child Left Behind legislation. It ad- Mr. STEVENS. Mr. President, I move There appears to be a sufficient sec- dresses many of the concerns we are to reconsider the vote. ond. hearing from our local educators and Mr. BROWNBACK. Mr. President, I The yeas and nays were ordered. our communities about whether they move to lay that motion on the table. The PRESIDING OFFICER. The Sen- are going to have adequate funds and The motion to lay on the table was ator from New Hampshire has 2 min- whether those funds are going to be agreed to. utes 52 seconds. free enough for them to accomplish AMENDMENT NO. 13 The Senator from Massachusetts. what they need to do to bring these Mr. STEVENS. Mr. President, what Mr. KENNEDY. Mr. President, I have children up to speed and educated. is the pending business? 2 minutes. I yield myself 11⁄2 minutes. It is a paid-for amendment. That is The PRESIDING OFFICER. There I have difficulty in understanding the probably the most significant dif- are 2 minutes evenly divided before a argument of my good friend from Penn- ference. This is a paid-for amendment, pending vote on the Kennedy amend- sylvania. We debated the No Child Left and in a time of deficits, in a time of ment. Behind legislation for 7 weeks. On May economic concern, in a time of war, we Mr. STEVENS. Two minutes to each 3, the Senator from Pennsylvania, Mr. need to be setting priorities and be side? SPECTER, voted for an $18 billion in- willing to pay for them and make the The PRESIDING OFFICER. One crease in No Child Left Behind. This is tough decisions on those priorities, and minute on each side. $16 billion. This comes as no surprise to this amendment does that. Mr. REID. That wasn’t the unani- any of the Members who are debating Mr. President, I yield back the re- mous consent. the issues of Title I. mainder of my time. Mr. STEVENS. There seems to be President Bush galvanized the Nation The PRESIDING OFFICER. All time some disagreement about it. in giving attention to the neediest chil- is yielded back. The question is on The PRESIDING OFFICER. The dren in this country. He recognized agreeing to amendment No. 19. The Democratic whip.

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1048 CONGRESSIONAL RECORD — SENATE January 16, 2003 Mr. STEVENS. I yield for a question. would take $6 billion of that, which is The result was announced—yeas 46, I don’t want to lose the floor. the amount the President signed into nays 51, as follows: Mr. REID. I was on the floor when law under the authorization. This fig- [Rollcall Vote No. 5 Leg.] the Senator from New Hampshire of- ure was effectively supported by a 79- YEAS—46 fered a unanimous consent agreement. vote majority here in the Senate when Akaka Dorgan Lieberman I understood it would be 4 minutes we debated the authorization. It had Baucus Durbin Lincoln evenly divided. strong bipartisan support. Bayh Feingold Mikulski Mr. GREGG. Mr. President, if the With all respect to the previous Biden Feinstein Murray Bingaman Graham (FL) Senator will yield, it was 2 minutes amendment, it is not targeted on the Nelson (FL) Boxer Harkin Nelson (NE) equally divided. neediest children in this country. Breaux Hollings Pryor Mr. REID. I apologize, Mr. President. President Bush, to his credit, aroused Byrd Inouye Reed Cantwell Jeffords Mr. STEVENS. If they want 2 min- Reid the Nation to give focus and attention Carper Johnson Rockefeller utes for each side, let’s do it. I ask to the neediest children in this coun- Clinton Kennedy Sarbanes unanimous consent it be 2 minutes on try, that they should not be left out Conrad Kohl Schumer each side. and should not be left behind. Corzine Landrieu Daschle Lautenberg Stabenow The PRESIDING OFFICER. Is there We made a commitment with the No Dayton Leahy Wyden objection? Without objection, it is so Child Left Behind Act that over a pe- Dodd Levin ordered. riod of 12 years, every child in this NAYS—51 Mr. STEVENS. May we have order, country would reach proficiency. Now, Alexander DeWine McConnell Mr. President. unless we are going to pass this amend- Allard Dole Miller The PRESIDING OFFICER. Who ment, we are going to only include Allen Domenici Murkowski yields time? 354,000 more children—and not meet Bennett Ensign Nickles Mr. STEVENS. I yield the floor. Bond Enzi Roberts what the administration had com- Brownback Fitzgerald Santorum The PRESIDING OFFICER. The Sen- mitted itself to, and what the Presi- Bunning Frist Sessions ator from Massachusetts. dent had committed himself to, and Burns Graham (SC) Shelby Mr. KENNEDY. Mr. President, I what I think the bipartisan member- Campbell Grassley Smith thought, since it is my amendment, we Chafee Gregg Snowe ship committed itself to. That is to in- Chambliss Hatch Specter would have the opportunity to go last, clude the 2 million children. We will Cochran Hutchison Stevens if that is agreeable to the Senator. Can still have a long way to go. Coleman Inhofe Sununu we have order? Mr. President, this is about edu- Collins Kyl Talent Cornyn Lott Thomas The PRESIDING OFFICER. The Sen- cation. This is about teachers. This is Craig Lugar Voinovich ate will be in order. about parents. This is about local Crapo McCain Warner The Senator from New Hampshire. schools. This is about local school NOT VOTING—3 Mr. STEVENS. Will the chair please boards. Edwards Hagel Kerry use his gavel and get some attention This is needed across the country. and tell Senators to keep quiet. There isn’t a school district in this The amendment was rejected. The PRESIDING OFFICER. The Sen- country that does not have a financial Mr. STEVENS. Mr. President, I move ator from New Hampshire. crisis. This will be a lifeline to those to reconsider the vote. Mr. GREGG. Mr. President, although children who are going to need these Mr. REID. I move to lay that motion I do not believe it is stated, I believe it resources. The States are $90 billion in on the table. is the proper protocol for me to go debt. A third of that comes from edu- The motion to lay on the table was first. The amendment is different from cation. So we are seeing enormous cuts agreed to. the one that was just passed. I think it in the support of children, and the Mr. REID. Mr. President, I suggest was a good decision by the Chamber to neediest children. This will continue the absence of a quorum. pass the one that was just passed. The the strong commitment we made to ac- The PRESIDING OFFICER. The way the Kennedy amendment differs is, countability, to reliability, to better clerk will call the roll. The legislative clerk proceeded to first, it costs more money; but, second, teachers, smaller class sizes, and after- call the roll. it is not paid for; and, third, it comes school programs. I hope the Senate will Mr. STEVENS. Mr. President, I ask with strings. accept the amendment. Obviously, in a time of fiscal dis- Mr. STEVENS. Mr. President, have unanimous consent that the order for cipline, under which we should be func- the yeas and nays been ordered? the quorum call be rescinded. tioning, it is inappropriate to be pass- The PRESIDING OFFICER. They The PRESIDING OFFICER. Without ing plus-up amendments without pay- have not. objection, it is so ordered. ing for them. This amendment would Mr. STEVENS. I ask for the yeas and UNANIMOUS CONSENT AGREEMENT take us over the $750 billion number, nays. Mr. STEVENS. Mr. President, I ask which is the number at which the The PRESIDING OFFICER. Is there a unanimous consent that Senator MUR- President has requested us to stay. sufficient second? RAY now be recognized to offer an Regrettably, we do not have a budget There is a sufficient second. The amendment regarding Amtrak; I fur- resolution. We should have a budget question is on agreeing to the amend- ther ask unanimous consent that there resolution, but no budget resolution ment. The clerk will call the roll. be 90 minutes for debate equally di- was brought to the floor of the Senate The assistant legislative clerk called vided in the usual form, and that fol- under the leadership of the other party the roll. lowing the use or yielding back of time during the 107th Congress in the second Mr. MCCONNELL. I announce that the Senate proceed to a vote in rela- session. Therefore, we have to sort of the Senator from Nebraska (Mr. tionship to the amendment without self-discipline around here. HAGEL) is necessarily absent. further intervening action or debate; We have just done that by passing Mr. REID. I announce that the Sen- further, I ask that following the dis- the amendment I have offered. We will ator from North Carolina (Mr. position of the above amendment Sen- not do it if we pass the amendment the EDWARDS) and the Senator from Massa- ator HARKIN be recognized to offer an Senator from Massachusetts offers. chusetts (Mr. KERRY) are necessarily amendment regarding the Byrne grants I yield my time. absent. and there be 60 minutes for debate The PRESIDING OFFICER. The Sen- I further announce that, if present equally divided in the usual form to be ator from Massachusetts. and voting, the Senator from North used this evening; provided further Mr. KENNEDY. Mr. President, the Carolina (Mr. EDWARDS) and the Sen- that following the debate the amend- overall budget figure we are consid- ator from Massachusetts (Mr. KERRY) ment be temporarily set aside and Sen- ering is $10 million less than what was would each vote ‘‘aye’’. ator SCHUMER be recognized to offer an effectively agreed to last year in a bi- The PRESIDING OFFICER. Are there amendment relating to port security partisan way, and which the Appropria- any other Senators in the Chamber de- and there be 60 minutes for debate tions Committee marked up. This siring to vote? equally divided in the usual form to be

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1049 used this evening; further, I ask con- The amendment is as follows: funding level is below $1.2 billion. Neither sent that when the Senate resumes (Purpose: To ensure the continued viability the revised Senate level of $826 million nor consideration of the bill tomorrow of the National Railroad Passenger Cor- the House level of $762 million will be ade- poration) quate. As I said to you yesterday, any level morning at 9:30, the Senate proceed to less than $1.2 billion, will leave us with no a vote in relation to the Harkin amend- On page 741, strike lines 3 through 9, and choice but to begin plans for a total shut- ment, to be followed immediately by a insert: down of the railroad, including all operations vote in relation to the Schumer amend- For necessary expenses of operating costs in the Northeast Corridor in the Spring. We ment, with no amendments in order to and capital improvements of the National are into the second quarter of the fiscal year Railroad Passenger Corporation as author- and we are beyond the point where we can any of the above prior to the votes, ized by 49 U.S.C. 24104(a), $1,200,000,000, to re- with 5 minutes for debate equally di- make significant changes to avoid a shut- main available until expended, of which down. None of us want to repeat a financial vided before each vote. $550,000,000 shall be for operating expenses, crisis similar to the one we experienced last Mr. REID. Mr. President, reserving $369,000,000 shall be for capital expenses year. the right to object, it is my under- along the Northeast Corridor Mainline, and As I told you, Amtrak’s FY03 request of standing that the Murray amendment $281,000,000 shall be for capital expenses $1.2 billion is, in reality, a small increase of will be accepted by voice vote. along the remainder of the Corporation’s na- the money made available to Amtrak in Mr. STEVENS. It is our intention tional rail network. FY02. Including $310 million in supplemental that we will accept that amendment by Mrs. MURRAY. Mr. President, I am funding, Amtrak received a total funding of very pleased to rise, along with the $1.4 billion last year. The number currently voice vote. It is my understanding that in the Senate bill is a significant cut from 90 minutes will probably not be used. ranking member of the full Appropria- the FY02 level. Mr. REID. With both leaders on the tions Committee, Senator BYRD, and We have taken significant steps to sta- floor, it is my understanding there will my other colleagues who are in the bilize Amtrak. We have opened our books be no more rollcall votes tonight. Chamber tonight, to offer this amend- and made them available to the United Mr. STEVENS. I am not authorized ment to boost funding for Amtrak to a States Department of Transportation and to say that. level that was included in our Trans- the appropriate oversight committees in Mr. REID. I said to Senator STEVENS portation appropriations bill that was Congress as you have requested. As I told that with both leaders on the floor, it you yesterday, we are making progress to reported back in July of last year. stabilize the organization. I hope that you is my understanding that if this agree- Six months ago, the Appropriations will be able to convince your fellow Senators ment is accepted there will be no more Committee unanimously reported a bill to give me a chance to turn this railroad rollcall votes tonight. that funded Amtrak at the level of $1.2 around by restoring the money to the level Mr. STEVENS. The majority leader billion. That is the same level that was that was previously recommended by the full has agreed that is the case. There will requested of us by the Amtrak board of Appropriations Committee. be no more rollcall votes tonight. directors. Sincerely, The PRESIDING OFFICER. Is there Some people seem to believe that the DAVID L. GUNN, President and Chief Executive Officer. objection? funding level of $1.2 billion represents a Mr. HARKIN. Mr. President, reserv- massive funding increase for Amtrak. Mrs. MURRAY. Mr. President, let me ing the right to object, I wasn’t hear- As all Members know, the appropria- remind my colleagues that this is not ing so well back here. As I understand tions bills that we approved last year one of those situations where we can it, because I have an amendment in- have now been rewritten by the major- just make everything OK in con- ference. My colleagues need to know volved in this agreement, there are 60 ity to reflect their priorities, and those that while the House of Representa- minutes equally divided but we will not new bills are now before us. For Am- tives never passed a transportation bill be voting on it tonight; we will vote to- trak, that means a cut of $374 million for the current fiscal year, the House morrow. below the level we provided back in Appropriations Committee did report a Mr. STEVENS. That request was put July. It also means a $318 million cut, bill to the floor, and it included only forward by your side. We agreed to or a 27-percent cut, below the level the $762 million for Amtrak. So if we do that. railroad received in fiscal year 2002. not restore the funding needed to keep Mr. HARKIN. With 5 minutes of de- I am not familiar with the funding Amtrak alive today, Members should bate before each vote? level proposed for every single program Mr. STEVENS. Before each of the not expect this will be rescued later. that is funded in this massive bill, but For those of my colleagues who don’t two votes—your vote and the vote on I suspect there are very few, if any, the amendment of the Senator from want to accept the word of Amtrak’s other programs that have been singled president or even my word on what will New York, and 5 minutes prior to votes out for a 27-percent cut below last on each amendment tomorrow morn- happen to Amtrak without this fund- year’s level. ing, they can look to the words of the ing. There is no question that at this The PRESIDING OFFICER. Is there Department of Transportation Inspec- funding level Amtrak is heading tor General. The DOT IG’s office con- objection? straight for bankruptcy. That is not a Mr. STEVENS. There is no objection. ducts an annual audit of Amtrak’s fi- debatable point. That representation is I understand we probably will not use nances. They are as familiar with Am- simply not true. that 90 minutes. trak’s books as anyone in this country. We have a letter from Amtrak’s new The PRESIDING OFFICER. Without The DOT IG’s office was asked to re- president and chief executive officer, objection, it is so ordered. view every element of Amtrak’s re- The Senator from Washington. Mr. David Gunn, that makes it clear quest for $1.2 billion. What they con- that Amtrak will be insolvent by AMENDMENT NO. 30 cluded, after an extensive review, was spring should this funding level become Mrs. MURRAY. Mr. President, I send that the budget request was indeed law. an amendment to the desk. flawed. The Inspector General con- The PRESIDING OFFICER. The I ask unanimous consent to have this cluded the budget request was $12 mil- clerk will report. letter printed in the RECORD. lion too low. The assistant legislative clerk read There being no objection, the mate- One thing we know for sure is that as follows: rial was ordered to be printed in the Amtrak is not going to get its final ap- RECORD, as follows: The Senator from Washington (Mrs. MUR- propriation level until almost half the RAY), for herself and Mrs. HUTCHISON, Mr. NATIONAL RAILROAD PASSENGER fiscal year has been completed. No ob- BYRD, Ms. SNOWE, Mr. HOLLINGS, Mr. CHAFEE, CORPORATION, server of Amtrak’s financial situa- Mr. BIDEN, Mr. SPECTER, Mr. LEAHY, Mr. Washington, DC, January 16, 2003. tion—not the Secretary of Transpor- CARPER, Mr. LAUTENBERG, and Mr. CORZINE, Hon. PATTY MURRAY, tation, not the Federal Railroad Ad- proposes an amendment numbered 30. Chair, Subcommittee on Transportation, Com- ministrator, not the DOT IG, no one on Mrs. MURRAY. Mr. President, I ask mittee on Appropriations, Dirksen Senate the Amtrak board of directors, includ- Office Building, Washington, DC. unanimous consent that reading of the DEAR SENATOR MURRAY: I appreciate the ing the three Republican appointees on amendment be dispensed with. opportunity to have met with you and your that board—no one has put forward a The PRESIDING OFFICER. Without staff yesterday to discuss the crisis that will credible argument that Amtrak can ab- objection, it is so ordered. occur this Spring at Amtrak if the FY03 sorb a funding cut of this size in the

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1050 CONGRESSIONAL RECORD — SENATE January 16, 2003 middle of the fiscal year and do any- every few months due to congressional of the long distance trains—those are thing other than declare bankruptcy. budgetary shenanigans. 18 trains that are considered the worst So let me remind my colleagues that I was hopeful last year we were going performers in the national system— we are not talking about a bankruptcy to have that debate. Last year the Sen- would effectively yield zero savings in like we are experiencing with some of ate Commerce Committee, by a vote of the first year. our airlines, such as USAirways and 20 to 3, reported an authorization bill In the second year, the net savings of United. Amtrak will not keep oper- for Amtrak calling for funding of just eliminating all 18 of those trains would ating with the benefit of bankruptcy under $4 billion in fiscal year 2003. Not only be about $18 million. Only after 5 protection. It will stop the trains, and only a majority of Democrats on the years would the elimination of those they will shut their doors. Commerce Committee but also a ma- trains yield savings that exceed $200 Members will recall last summer jority of the Republicans on the Com- million. when we faced an Amtrak crisis. The merce Committee supported that bill. Let me say that again. If we elimi- railroad was days away from running The returning chairman of the Sen- nated all of Amtrak’s 18 long distance out of cash, and we were still working ate Commerce Committee, Senator trains, the railroad would eventually on a supplemental appropriations bill, MCCAIN, did not support that bill. How- yield savings of $200 million—only after a bill that would eventually provide ever, he did introduce his own Amtrak 5 years. $205 million in additional cash for Am- authorization bill calling for Amtrak However, the underlying appropria- trak to continue operations. funding in fiscal year 2003 to be at the tions bill would call on Amtrak to ab- It was not just Amtrak service that level of $1.3 billion. My amendment sorb a cut of some $400 million right was at risk; it was not just the tens of would not succeed in providing that now, today, with only 9 months left in thousands of Amtrak passengers that level of funding. It would only succeed this fiscal year. were going to be left standing on the in providing $1.2 billion. These are the unpleasant facts that platform; there were hundreds of thou- There is a widely held myth that the no one wants to face. sands of daily transit riders utilizing principal financial drag on Amtrak’s fi- So I encourage all Members to sup- commuter rail systems from Boston to nances is the long distance trains that port this amendment. I would love to San Diego, from suburban Virginia to travel across this country. One of those tell my colleagues there is an easy way Seattle, WA—systems that depend on trains is the Empire Builder which to make significant savings in the Am- Amtrak remaining a viable entity in originates in Chicago but provides trak budget—such as the company order to continue their daily oper- service between eastern and western could absorb funding reductions this ations. Washington, as well. year and next year—but the fact is Thankfully, due to the enactment of The fact is, the long distance trains there is not. the supplemental appropriations bill, pose a comparatively little cost to Am- So I ask that we provide stability for and a $100 million temporary loan that trak each year because they carry with Amtrak while we debate the larger was extended by the Bush administra- them extremely small capital costs. issues regarding the company’s future. tion, we avoided an Amtrak catas- These trains run over tracks that are I ask that we provide some surety to trophe last summer. However, if we owned and maintained by the Nation’s the millions of Amtrak riders and com- enact the bill currently before us with- freight railroads. By comparison, the muter rail passengers across the coun- out getting the additional $374 million Northeast corridor between Boston and try who depend on a solvent Amtrak. I called for under the amendment that is Washington, DC, is owned by Amtrak ask that we provide sufficient funding pending, we will once again face that and burdens Amtrak with hundreds of so Amtrak can approach the level of crisis in just a few months’ time. millions of dollars in capital costs funding it received in total in fiscal Some of my colleagues in the Senate every year. year 2002. continue to press their position that Using generally accepted accounting Mr. President, I know there are a Amtrak needs to tighten their belt. principles, Amtrak’s Northeast cor- number of colleagues who wish to dis- Well, Amtrak has been tightening their ridor has not yielded profits, as some cuss this amendment as well. I thank are fond of saying. It never has and it belt. Since David Gunn took control of Senator MCCAIN, chairman of the Com- the company 8 months ago, hundreds of never will. In fact, just last year, Am- merce Committee, for agreeing to ac- employees have been let go, certain trak’s Northeast corridor lost a total cept this amendment at this time. I un- trains have been eliminated, and dra- of $367 million. derstand his need to have a reauthor- It is also estimated that the North- matic efforts have been initiated to rid ization. I look forward to working with east corridor has a critical mainte- the corporation of unnecessary costs. him on that. nance backlog of between $5 and $6 bil- But we need to recognize that the fund- The PRESIDING OFFICER. Who lion. Even the Bush administration ing level included in the underlying yields time? concedes that fact. Mr. JEFFORDS. Mr. President, will bill for Amtrak is not an exercise in During a hearing I held on Amtrak’s the Senator yield me time? tightening the company’s belt. It is a finances last year with the administra- Mr. MCCAIN. Mr. President, I think death sentence. tion and the DOT Inspector General, I Those who would impose these cuts Senator HOLLINGS controls the time for asked them about the comparative fi- on the Amtrak budget may have for- the other side. nancial burden of the long distance gotten the experience of September 11, The PRESIDING OFFICER. Senator trains versus the Northeast corridor. 2001, when our aviation system was MURRAY controls the time. DOT Inspector General Ken Mead made brought to a halt for almost a week Does the Senator wish to yield? the following statement: and travelers flocked to Amtrak trains Mrs. MURRAY. I yield to the Senator Some have suggested that Amtrak’s finan- from South Carolina such time as he in order to get to their destinations. cial woes would go away if you would cut out The Senate needs to have a meaning- the trains outside the Northeast corridor. may need. ful debate about Amtrak. We need to That is not true. In fact, the annual net op- Mr. HOLLINGS. I thank the distin- have a debate that is based on facts. erating subsidy that is required to con- guished chairwoman. We need to focus on the fact that Am- tinue Amtrak’s most unprofitable Let’s talk about the good news with trak is burdened with a huge debt. We trains is less than one-third of the an- respect to Amtrak. Eight months ago, need to focus on the fact that Amtrak nual capital subsidy that is required to the Bush administration worked with has billions of dollars in capital needs operate the most profitable trains in the Amtrak board to get a new director on the Northeast corridor and no way the Northeast Corridor. to operate this particular railroad. The to pay for them. To those who would say that Amtrak selection, of course, was Mr. David We need to focus on the fact that ter- just needs to eliminate its long dis- Gunn who had operated the Metro sys- minating Amtrak’s long distance tance trains to get its finances in tem here in Washington and up in New trains effectively saves the railroad al- order, I tell them to look at the num- York, another particular system, but most no money. We need to have that bers. more particularly, the Canadian rail- fact-based debate without the distrac- Amtrak’s own financial analysis of road, with tremendous success. He had tion of another Amtrak funding crisis savings associated with eliminating 18 just retired to his home there in Nova

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1051 Scotia, and they finally persuaded him I was having difficulties from time to Mr. MCCAIN. Go ahead. I am fine. to come and take on this task because time trying to explain what they were The PRESIDING OFFICER. The Sen- he knows railroads. He knows what doing because I couldn’t get the infor- ator from New Jersey. needs to be done. He is for reform, and mation. But we now have an open oper- Mr. LAUTENBERG. Mr. President, I he set about doing just that in the last ation there with David Gunn. thank the Senator from Washington 8 months. What happens is, with the $1.2 billion and commend her and Senator HOL- What has happened is that he has the Appropriations Committee just re- LINGS for their work on getting this turned around and gotten out of the ex- ported out, they thought they had amendment in front of us. And I am press business. If my distinguished col- some carryovers and everything else pleased to see the chairman of the league from Arizona, the chairman of and cut it back to $826 million. With Commerce Committee here because our authorization committee, Senator that cutback to $826 million—it was over the years, while this is the first MCCAIN—if I could get his attention, not considered by us or anybody on the time I have spoken on the floor in a the distinguished chairman of our au- committee—that actually is a 27-per- couple of years, nevertheless, the tune thorizing committee, Senator MCCAIN, cent cut under the present operation. is similar and we have sung it before. I I wanted him to know that our David We presently are operating on a con- hope that finally we will come to the Gunn, who is operating Amtrak, went tinuing resolution of 1.1, plus the $100 realization that Amtrak is not simply first right to the heart of the number million loan to pay back to the Depart- a Northeast corridor program, that it of employees. And those who were not ment of Transportation. So what hap- is an essential part of an intermodal producing he has already eliminated. pens is, that is a 27-percent cut. transportation system. That fact was He got out of the express business. Mr. Gunn comes in in distress and made abundantly clear on September That wasn’t paying at all. And with a says: Look, if that occurs, we will run 11, 2001, when jet-liners crashed into lot of objections and everything else out. We are operating very economi- the World Trade Center and shocked from fruit growers, flower folks, and cally, very conservatively. I have some America to its very core. Aviation—I everything else, he got out of the ex- other initiatives that I will put in, but never believed that it would shut press business. He took the Kentucky by April, under this particular $826 mil- down—was shut down across the coun- Cardinal line, a passenger line that I lion amount, I will have to be closing try as a result of that terrible tragedy. think the distinguished Senator from down sometime this spring. Highways were jammed. Thank good- None of us wants that. I am sure the Arizona cited several times in the de- ness we had Amtrak still running. It chairman of the committee and all of bate about a tremendous waste, and kept some semblance of order going be- us want to make sure we do the right discontinued it. tween Washington and New York and But more particularly, he opened up thing. throughout the Northeast region. Incidentally, we have an operator in his books—which has never been done How quickly this seems to be forgot- Mr. Gunn who is not going to play ten when we get to appropriating prop- before—to the Department of Transpor- games. We have had others who evi- er funding for Amtrak to continue its tation. And the budget he is now oper- dently liked the job, needed the job, or operations. Amtrak has been starved ating under was OK’d, signed off on by wanted the job, or whatever it was, and almost since birth. We heard the dis- this administration by the inspector so they went along over the last 30 tinguished Senator from South Caro- general of the Department of Transpor- years. To give colleagues some grasp of lina talk about the amount of funds tation, plus the Secretary. that were put into Amtrak over a 30- That reminds me to thank colleagues this situation, Amtrak has always year period—something like $500 to who are cosponsors on the other side: come for over $1 billion in requests, $750 million a year, which is certainly The distinguished Senator from Texas, and they have always compromised at around $500 million. So at $500 million, not peanuts in anybody’s vocabulary— Mrs. KAY BAILEY HUTCHISON, who has on an average, per year, it amounts to but the fact is, we have just never been the chairman of our Surface spent enough. Transportation Committee; Senator about $15 billion in a 30-year period. Now, wait a minute; 9/11; the airlines Last fall, the Senate Appropriations OLYMPIA SNOWE of Maine; Senator LIN- immediately got $15 billion. Plus the Committee provided $1.20 billion for COLN CHAFEE of Rhode Island; and Sen- airport and airways transportation act Amtrak. The bill we are considering to- ator ARLEN SPECTER of Pittsburgh. is another $15 billion. Here comes night cuts that amount by $374 million, When I approached Senator SPECTER where we really need some reform, $30 to $826 million. That’s a cut of nearly earlier today, he said: Let me just do one-third! Amtrak would be better off some checking. He wanted to make billion in 1 year, and we keep jumping and picking and picking and nagging under the Continuing Resolution, sure this was in consonance with what which at least provides $1.04 billion. the administration was having done. and fussing at Amtrak when we ought to be fussing at each other. We are the Amtrak can’t survive on $826 million— That is the case today. it’s that simple, that stark. So the good news is that we are on ones who really haven’t gotten into it. Thanks to the leadership of Senator I was with the distinguished Senator course with what Mr. Gunn calls the MCCAIN, we are getting into it because, from Arizona at a meeting in Brussels conservative, tight budget. We are not as chairman, he has said: We are not when there was a NATO gathering in the red there right now. Yes, this going to let this one go unless we work there, and I took the train from Brus- $1.2 billion allows for the payback to together on reform. sels to Paris. The train ride was about the Department of Transportation. In With that in mind, let me yield the 200 miles—roughly the equivalent of other words, it is just swapping moneys floor and thank these particular Sen- the ride to Washington from New York, of a $100 million loan back to the De- ators and Chairman MURRAY here on which is 225 miles—and it took an hour partment of Transportation. But he is her leadership also. and 25 minutes. Can you imagine what working again on the reservation sys- The PRESIDING OFFICER. Who would happen to the traffic along I–95 tem with the Internet reservations and yields time? if we could ride like that from Wash- otherwise. Some economies can be had Mrs. MURRAY. Mr. President, how ington to New York? Even if the New there with the personnel. A lot of these much time remains on our side? York to DC trip were 2 hours, frankly, reservations now are coming through The PRESIDING OFFICER. Twenty- it would not pay to go near the air- with the Internet. five minutes. port—not by the time you get out to I could list out many other good Mrs. MURRAY. I thank the Chair. the airport, finish parking and unload- things. There is a bill in Chairman Mr. LAUTENBERG. May I have 5 ing, and all that. We could avoid so MCCAIN’s committee with 30 cosponsors minutes? many problems. Two hours, city to for reform. I pledge to work with the Mrs. MURRAY. Mr. President, I will city, would facilitate so much travel distinguished Senator from Arizona, yield 5 minutes to the Senator from and commerce between these two cap- with whom I have worked during the New Jersey and 5 minutes to the Sen- itals, New York City, the financial cap- past few years in perfect harmony. We ator from Vermont, and I ask the Sen- ital of the world, and Washington, DC, have agreed on just about everything. ator from Arizona if he wants to use the capital of our great country. We wanted reform. He wants reform. I time before us since he has not had So when we look at what we have want reform. time on his side. done, what we have done is just not

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1052 CONGRESSIONAL RECORD — SENATE January 16, 2003 enough. Amtrak has received $24.2 bil- Mr. JEFFORDS. Mr. President, I rise disrupt the economy, and forfeit this lion in Federal support since its cre- in support of the amendment to restore unique chance to create a balanced ation in 1971. To put that in perspec- funding to Amtrak. I just served as transportation system or we can re- tive, it’s less than we spent on high- chairman of the Environment and Pub- store Amtrak funding, preserve our op- ways just in 2001 alone. In the 1980s, the lic Works Committee and we had a tions, and bring our Nation’s transpor- Western European nations made a push great interest—and still do—in the tation system into the 21st century. to develop their high speed corridors health of Amtrak. I urge my colleagues to vote yes for and spent $101 billion in just ten years. Amtrak president, David Gunn, has this amendment. That is more than four times what we made clear that failure to adequately I yield the floor. have spent in 30 years. fund the railroad will lead to its bank- The PRESIDING OFFICER. Who It is time now to start facing up to ruptcy and liquidation of its assets. yields time? the reality. The Federal Aviation Ad- This will cost us far more than the dol- The Senator from Arizona is recog- ministration (FAA)—a precious instru- lar value of this amendment. That is nized. ment in terms of our aviation system— unacceptable to my State of Vermont Mr. MCCAIN. Mr. President, I yield got $13 billion worth of funds this year; and to the Nation. myself such time as I may consume. $3 billion of that came from the Gen- Across the Nation, Amtrak carries First, I thank Senator HOLLINGS for eral Treasury and $10 billion came from over 23 million riders a year, or rough- his continued efforts on this issue. It passenger facility charges and taxes on ly 65,000 riders each day. On holidays has been a great pleasure and honor for aviation. and other peak times, Amtrak is the me to have had the privilege of work- What happened after 9/11 with avia- best option for many of our citizens. ing with him for the last 16, 17 years as tion? I think the Senator from South An Amtrak bankruptcy will have a a member of the Commerce Com- Carolina made reference to it. The fact devastating effect on employment and mittee, where I find the most inter- is, we had to go to the airlines and bail the economy. Amtrak alone employs esting and challenging issues. them out further, make sure they got over 23,000 Americans, and roughly Frankly, this issue of Amtrak, to me, plenty of subsidies. 233,000 commuters will find their daily has been one of complete frustration. I I hope this amendment that is being say that because time after time after offered here to restore fiscal year 2003 trip to work delayed and disrupted. time, until the present administrator funding for Amtrak to $1.2 billion is In Vermont, as in many rural States, of Amtrak became the head of Amtrak, passed—but not only passed here. I ask Amtrak is an essential service. My Mr. Gunn, with those who ran this or- the Senator from South Carolina, can home State provides over $2 million a ganization, which was put together in we be confident that this amendment year to maintain Amtrak service to won’t fall by the wayside in con- our towns and villages. If we turn away 1973, I believe, and was committed to ference? Can we be confident that we from Amtrak tonight, Vermonters will being financially independent within 3 have the full support of the leadership surely lose this very vital service. years, there has been an endless drain in the Senate, especially on the Major- On September 11, Amtrak kept Amer- of resources, an endless series of frus- ity’s side, when Committee Members ica moving as our airports were idled. I trations, and a continuous battle, sit down at the table with their House was chairman of the committee at that which goes on as we speak. counterparts to discuss this funding? I time and I know the fear we had that I think it is important, particularly certainly hope so because it is essen- Amtrak would not be able to keep in light of the last comments made by tial. going. We need the redundancy in our my dear friend from Vermont and my We spent almost $10 billion on North- transportation system, especially in newly renewed friend from New Jersey, east Corridor infrastructure improve- light of the continuing threats. who rejoins us, about the importance ments. About a third of that amount Even when it is Mother Nature who of Amtrak. The fact is, Amtrak carries was for the electrification of the line comes calling, as in the blizzards on less than 1 percent of the traveling from New Haven to Boston to make the east coast in recent years, the rail public, and we continue to pour in bil- sure we had continuous service. There mode makes it through while our high- lions of dollars. has been a real improvement in rail ways and airports are buried and We are subsidizing—it is remark- passenger service in the Northeast as a stopped. able—we are subsidizing long distance result, and there has been an improve- I have spent the last year examining the Lake County Limited, $1,218.45 per ment in rail passenger service in the the state of our Nation’s transpor- passenger—per passenger. You could country. But we can and need to do tation system. The system is hem- charter an airplane and fly these pas- more. orrhaging. Our highways and airports sengers from one place to the other The PRESIDING OFFICER. The Sen- are congested and unreliable. We need rather than pay $1,200; the Sunset Lim- ator’s time has expired. a viable third choice. Passenger rail is ited, $347.45; the Pennsylvania, $292.34; Mr. LAUTENBERG. I ask for 1 more that choice. the Three Rivers, $244.99 per passenger. minute. The United States stands alone We recently, thank God, canceled the Mrs. MURRAY. I yield 1 additional among the world’s advanced countries Lake County Limited which was sub- minute. in our neglect of the rail mode. Europe, sidizing $1,218.45 per passenger. Mr. LAUTENBERG. I thank the Sen- in particular, has a modern rail sys- I say to my friends, the reality is ator. So we have made improvements tem, a key part of its balanced conti- that Amtrak is probably a vital and and they have been popularly received. nental transportation network. Europe important means of transportation for People could not stop talking about the Northeast corridor. It has the po- what a nice ride it is from Washington is developing new and advanced rail tential to perform that same vital to Wilmington to New York to—you technologies and exporting these tech- function in the Far West. But to con- name it, along the way. What a change nologies around the world. I have seen from what we used to have. demonstrations of those technologies. tinue with this grandiose vision of a I hope my colleagues will recognize Our Nation’s surface and aviation national train system where you envi- that continued investment in Amtrak programs are up for renewal during sion someone getting on a train in Dal- and higher speed rail is essential for this session of Congress. So is Amtrak. las and riding that train all the way to our Nation. It is not just a Northeast This is the year to shape America’s Los Angeles, which takes about 2 days corridor thing, which is often the my- transportation future, and that is a job now, where they can go to the airport thology here. And I hope that we will for Congress, not for the bankruptcy in Dallas and fly to Los Angeles in see a positive vote on this amendment, court. about 2 1⁄2 hours, is crazy. It is crazy. supported further by an insistence that As the ranking member on the Com- Americans are not interested, even if the conference committee retain the mittee on Environment and Public you have a 200-mile-an-hour train. I full funding. Works, I don’t want to give away a say to the Presiding Officer, at present, I thank the Chair and yield the floor. third of our option—our passenger rail they are not going to get on a train in The PRESIDING OFFICER. The Sen- system—before we even begin. Atlanta and go to San Francisco. They ator from Vermont is recognized for 5 Our choice is clear. We can short- may for vacation, and they may for minutes. change Amtrak, throw away its assets, recreation, but to think it will ever be

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1053 anything close to sustaining just flies esting and entertaining article which I allowed Amtrak to set its own route in the face of every experience we have will not read because it is at some structure instead of conform to a stat- had since Amtrak was formed. length. But it talks about an individual utory mandate. Reforms allowed Am- I am glad to hear of the commitment who got on a train in Chicago and tried trak to contract out work where it de- to reform Amtrak on the part of my to get out to L.A. hours late. It is just cided it would make sense. Reforms al- distinguished friend from South Caro- a sad story, but it is a story that is re- lowed Amtrak to negotiate reasonable lina who knows as much about this peated. labor protection agreements. Unfortu- issue as any Member of this body. I am My point is, after dealing with this nately, little, if any, progress was pleased the Senator from Alaska who, issue for all these years, we need funda- made as a result. in negotiations, as this bill goes into mental reform. I wish to point out— As I said, for years after the passage conference, will insist that we come up and I think all my colleagues should of that bill, Amtrak presented glowing with a reform plan. I am encouraged, I know—we are going to provide them reports on its achievement that it was am exuberant that Mr. Gunn has taken now with enough to meet the $1.2 bil- on a glide path to self-sufficiency. How control, and already, as my friend from lion Mr. Gunn says he needs. He also many times did members of the Com- South Carolina has pointed out, has says he needs $2.2 billion next year. He merce Committee hear those words: We made some very tough decisions and needs $2.2 billion next year to keep op- are on a glide path to self-sufficiency? increased efficiency rather dramati- erating. If I sound a bit cynical, it is because cally. Now remember, we are talking about we have not been told the truth, but I Let me also point out to my friends, less than 1 percent of the passengers of do believe that Mr. Gunn has. Mr. despite claims that it is essentially the the traveling public. For less than 1 Gunn’s straight talk has been refresh- same level, ridership is the same level percent of the traveling public, we are ing. as it was in 1979. I remind my friends to going to spend $1.2 billion this year, In a letter to me, Mr. Gunn stated: read again the August 6 Washington $2.2 billion next year, and God only Amtrak pretended it was on a glide path to Post. knows when this will stop. self-sufficiency and maintained that fiction far too long. It took actions such as bor- The Acela Express, the premium high- We have every right to expect re- form, and if that reform means cutting rowing money through a variety of means, speed train that Amtrak has counted on. . . . the primary example being the mortgage of That I heard for years was the pan- long distance lines, then we ought to Penn Station last year, and now debt service acea; this was the pot of gold we were admit there is a clear record that some is a huge cost. This is not a way to run a looking for. long distance lines do not work and no railroad and not the way I will run the rail- one wants to ride them. The facts are road. Too many happy words have hidden Amtrak President David L. Gunn said that overwhelming. some very dismal financial results. Amtrak will never order another Acela Ex- press, which is manufactured by a consor- When I say we are going to have re- That really is the first time, in Mr. tium of Bombardier Transportation of Mon- form, I mean reform, and that means Gunn’s letter to me, that we have had treal and Alstom of Paris. the Department of Transportation has a straightforward and honest depiction The train has become highly popular with to come up with a plan, and that plan of Amtrak’s conditions. I think that travelers in the Northeast Corridor but has has to be validated by Mr. Gunn, who was the day when many of us began also become increasingly unreliable. In July, has already gained great credibility having confidence that Mr. Gunn’s the number of Acela problems spiked. There amongst all of us, and then that plan stewardship would lead to some bene- was an average of one cancellation or en- has to be put into effect. ficial results. route breakdown for mechanical reasons I wish to point out one other point in every day. The train also has the worst on- Over the past decade, Amtrak spent time record for any Northeast Corridor my conversation, and I am sure Sen- almost $3 billion in taxpayers’ dollars train. ator HOLLINGS had the same conversa- on the Northeast corridor to develop This, I say to my friends, is the train tion with Mr. Gunn. If the States want higher speed service, as I mentioned. that was going to solve all our prob- to contribute, and admittedly States Acela was to have been Amtrak’s silver lems because we would be able to get are in severe difficulty now, including bullet for achieving operational self- from Washington to New York in an my own, to maintain these routes, then sufficiency, reportedly generating $180 hour to an hour and a half. Now Mr. we welcome it. I think it is a fine idea. million in profits annually. Instead, it Gunn is not going to order any more of It may be difficult because when you has become another of their many fail- them. In fact, he is going to go to court go through one State from another to ures over the past 5 years and has and sue them for the lousy product he another, then you have to have partici- raised concerns about Amtrak’s ability got. pation of all the States. But we have to to handle major rail infrastructure But the trains experienced repeated delays think outside the box. projects. and developmental problems. The first one Thirty years ago we were going to Problems with the project, as I men- arrived more than a year after the last ex- have a fiscally independent Amtrak in tioned, have included significant cost tended deadline. In a rush to get the trains 3 years. Maybe that was unrealistic at overruns, a year’s delay in the intro- on line, the manufacturer made modifica- the time, but as short a time as 2 years duction of Acela service and ongoing tions to each train set to solve the latest ago, Mr. Gunn’s predecessor testified mechanical problems with the equip- problem, meaning that none of the 18 train before the Commerce Committee and ment. The latter recently became so sets delivered to Amtrak so far is the same said: We are on the glidepath to fiscal severe that Amtrak was forced to re- as any other. independence. Those were his exact move the train sets from service for My God. words. I looked at him with astonish- considerable periods of time. Again, we That fact complicates maintenance and ment and amazement because nobody are losing a huge amount of money per trouble shooting. who knew anything about Amtrak be- passenger on those routes I mentioned Gunn said the problems range from the se- lieved that. But yet we sat there and before. rious—one Acela electronic braking system So I want to thank my colleagues for froze up and blocked other traffic North of watched Amtrak deteriorate further Union Station—to less serious, such as rest- and further. their involvement in this issue. I really room doors that sometimes stick and trap The Amtrak Reform and Account- believe we have every right to demand passengers inside. ability Act of 1997, an attempt that a genuine proposal to reform the sys- ‘‘You’d think that after 170 years of rail- again Senator HOLLINGS and I and tem. I believe we need a Northeast cor- roading, you could have a crapper door that Members of the Commerce Committee ridor. I believe we may need them in works,’’ Gunn says. made, provided the operational pro- the West and we may need them in Some of this is entertaining, but it is curement, labor and liability reforms other parts of the country, but the bur- also the investment of billions of tax- that Amtrak requested so it could op- den of proof of having to need them lies payers’ money. I urge all of my col- erate more as a legitimate business. with Amtrak and its proponents, and leagues to read a very interesting arti- The reforms were designed to allow we should not be asking our citizens to cle out of the New York Times Sunday Amtrak to run its operations based on continue to subsidize routes in the magazine, ‘‘Amtrak Must Die: A Train good business decisions rather than po- hundreds and sometimes even thou- Lover’s Lament.’’ It is a very inter- litical pressures. For example, reforms sands of dollars per passenger that will

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1054 CONGRESSIONAL RECORD — SENATE January 16, 2003 never, ever, become economically via- country is the Northeast corridor and derful high speed train routes that if ble. maybe some routes on the West Coast. we are smart we will figure out how to So the status quo at $2 billion, in my If there are other high speed corridors take advantage of and give people the view, which will be what Amtrak will that make sense, if there are long dis- chance to move throughout those be asking for next year, is not afford- tance trains such as the Auto Train densely populated corridors more able or acceptable. that make sense, I welcome that de- quickly. I guess this is a triumph of hope over bate. The concurrence of reauthoriza- From time to time, there is going to good sense. I hope it is not, but I have tion of T–21, reauthorization of our be a train like the Auto Train which some confidence that Mr. Gunn will transportation programs along with re- runs south of Washington, DC, down to work with us and the appropriators, as authorization of Amtrak, is a very for- Orlando. It leaves every day and comes well as the authorizers, and come up tunate confluence of events. I think we back every day. It basically makes with a reform plan that will give us a will have the opportunity to maybe do money. A lot of people ride the train. It system that Americans can be proud of the right thing not just by Amtrak but is the longest train in the world. They rather than the shameful history of by the people of this country. take their cars, trucks, and vans, hitch Amtrak over the last 30 years. I have said on this floor before and I them up to the train and head on south I reserve the remainder of my time. will say it again tonight, when Amtrak or bring them back from Florida. There The PRESIDING OFFICER. The was created roughly 30 years ago it was are probably some other routes like Democratic whip. created at a time when private rail that around the country that would Mr. REID. I ask unanimous consent companies wanted out of the passenger make sense, too. that I be joined as a cosponsor on this business. They could not make money Then there are some States where, amendment. carrying passengers. They said to Con- frankly, the States would like to put in The PRESIDING OFFICER. Without gress: Let us out of that business, and some of their own money in order to objection, it is so ordered. Congress freed them of that responsi- have passenger rail service to routes Mr. REID. I know the Senator from bility. that are losing money, but Alaska, the manager of this bill, has Amtrak was created with the private inexplicably, at least to me as an old been confined to quarters, so to speak, railroads, the freight railroads, giving Governor, I was never allowed to use but I wanted to make sure everyone to this new entity their old rolling Delaware’s Federal transportation understood the snow is starting, and so stock, their old passenger cars, their money or congestion mitigation money maybe that will shorten some of the old cafe cars, their old locomotives. to help provide for passenger rail. We speeches. Amtrak was given the old track bed could use that money in our State for The PRESIDING OFFICER. The Sen- from Washington to Boston. Amtrak freight railroads, for bicycle paths, but ator from Alaska. was given the old repair shops, the old we could not use it to help pay for pas- Mr. STEVENS. I would be pleased to train stations. Somehow, given all this senger rail service. That makes no go out and see my normal condition of old equipment and being undercapital- sense. We should give States and Gov- life and enjoy the snow this evening. ized for 30 years, we said to Amtrak we ernors the flexibility to use a portion— Does the Senator from Delaware ex- expect them to make money when no- not all, a portion—of their Federal pect to speak tonight? body in the private sector could make transportation money to invest in pas- Mr. CARPER. Yes. money. senger rail if it makes sense for the The PRESIDING OFFICER. The Sen- There are a number of other coun- States. ator from Washington. tries around the world that have ter- We will have a great debate this year. Mrs. MURRAY. How much time do I rific passenger rail service. We have It is time for that debate. I am pleased have remaining on my side? talked about some of them tonight. to participate with all my colleagues The PRESIDING OFFICER. Fourteen The reason why they have good pas- on this. I thank Senator MURRAY for and a half minutes are remaining. senger rail service is because they be- her leadership, Senator BYRD and Sen- Mrs. MURRAY. I ask unanimous con- lieve it is in the naked self-interest of ator HOLLINGS for their work, Senator sent that Senator JEFFORDS be listed their country to invest in passenger HUTCHISON, Senator SPECTER, and oth- as a cosponsor on the amendment. rail, and that is some of the reason ers who believe in the cause. I say to my friend from Arizona, we The PRESIDING OFFICER. Without why they do it. They want to reduce look forward to a debate that will lead objection, it is so ordered. their reliance on foreign oil. They want to better passenger rail service and, Mrs. MURRAY. How much time does to reduce the size of their trade deficits Senator CARPER need? frankly, the return of common sense. that grow out of importing foreign oil. The PRESIDING OFFICER (Mr. Mr. CARPER. I would appreciate 5 They want to reduce the amount of VOINOVICH). The Senator from Illinois minutes. congestion they have on their high- Mrs. MURRAY. Five or less, and the is recognized for 3 minutes. ways and at their airports. They are Mr. DURBIN. I yield to the Senator Senator from Illinois would like 3 min- concerned about the quality of the air from New York if he has a request. utes. And I believe that is all we have. and the kinds of emissions that their Mr. SCHUMER. I ask unanimous con- I yield 5 minutes to the Senator from cars, trucks, and vans put up into the sent that I be allowed to address the Delaware and 3 minutes to the Senator air. body for 7 minutes after my colleague from Illinois. As a result, those countries rather from Oregon. The PRESIDING OFFICER. The Sen- generously support passenger rail serv- Mrs. MURRAY. How much time re- ator from Delaware. ice. They do not do it for reasons of al- mains? Mr. CARPER. Mr. President, I thank truism or nostalgia. They think it is in The PRESIDING OFFICER. The Sen- the Senator from Washington for yield- their naked self-interest, and it is. ator from South Carolina has 81⁄2 min- ing 5 minutes. I also express my thanks When we think about it, we have an in- utes and already yielded 3 to the Sen- to her, and especially Senator HOL- terest in clean air as well in this coun- ator from Illinois, so there are about LINGS, for their work. I say to Senator try. We have problems with congestion 51⁄2 minutes remaining. MCCAIN that I appreciate his comments around our airports and our roads as Mr. DURBIN. Mr. President, I thank and his willingness to join with the well. We have a huge trade deficit, $400 the Senator from Washington. I ask Senator from Delaware last year as we billion this year. About a third of that unanimous consent to be included as a tried to address the issue of rail secu- is imported oil. cosponsor of this amendment. rity. I say to my friend from Arizona, I do The PRESIDING OFFICER. Without It looks like we will pass, on a voice not think it makes sense for us to run objection, it is so ordered. vote, an appropriation level for Am- trains where people do not want to ride Mr. DURBIN. Mr. President, I know trak which will carry Amtrak through them. But today in this country, 75 the Senator from Arizona is a skeptic the balance of this fiscal year. That percent of Americans live within 50 on Amtrak, and whether there is for- sets the stage for a robust debate, miles of one of our coasts. Think about bearance or blind hope, thank you. And which we need to have, on whether the that. That provides for a lot of conges- thank you to the Senator from Wash- future of passenger rail service in this tion, but it also provides for some won- ington for showing leadership because

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1055 $1.2 billion means Amtrak has hope and However, when the new Republican passenger service in its entirety; not an opportunity. majority drafted its new appropria- just in the heartland of America, but in It means a lot when you consider the tions bill for the Transportation De- the Northeast as well. context of our Federal support for partment, it singled out Amtrak for a I encourage my colleagues in the transportation: Over $30 billion for whopping $374 million cut, a reduction Senate to talk to the mayors of their highways each year, over $10 billion for of over 31 percent. towns on the Amtrak rail map and see airports, so $1.2 billion for national Amtrak’s new President, David how they feel about losing their daily passenger rail service is not an extraor- Gunn, has made clear in letters to me service. At a time when rural commu- dinary amount of money in that con- and to Senator STEVENS, Senator nities across the country are suffering text. SHELBY, Senator MURRAY, and others from economic isolation, ask the peo- People talk about the coastal service. that a funding cut of this kind will ple of those communities if they want The Senator from Delaware made that mean certain bankruptcy for Amtrak even greater isolation by losing their point a moment ago. But for the State by this coming Spring. rail service. of Illinois, it means that 2.6 million Now many Senators will speak on The Amendment that we have offered passengers last year used Amtrak. If this amendment, including a great here today holds the promise of contin- Amtrak disappears and we do not pro- many that represent the states along ued rail service and the promise that vide the money the Senator from the Northeast Corridor. Amtrak’s new president, Mr. David Washington asks for, 2.6 million trips These Members will speak to the im- Gunn, will continue his efforts that he will be converted into automobile pact of an Amtrak bankruptcy on the just started in getting the railroad’s trips, by and large, and that means very fine rail service that we have be- costs under control and creating a na- more highway congestion, more pollu- tween Boston and Washington, DC. tional network of which we all can be tion, more use of petroleum products, These Members will speak on what a proud. I ask all of my colleagues to and more dependence on foreign oil. bankrupt Amtrak means for their daily support this Amendment. None of that is good for my State of Il- commuter lines that are either oper- Mrs. MURRAY. I ask unanimous con- linois. We value Amtrak. It not only ated by Amtrak under contract or op- sent that the Senator from New York means a lot of service, it means a lot of erate over Amtrak’s property. But as a be given 2 minutes of my remaining jobs. I think it is important to our Senator from West Virginia, I want to time and the Senator from Delaware be economy. speak today on what Amtrak means to given 3 minutes. My hometown, a downstate city, is rural America. Amtrak does not just The PRESIDING OFFICER. Without the largest user of Amtrak outside of stop in cities like Boston, New York, objection, it is so ordered. the city of Chicago. We believe in Am- and Washington, DC. The PRESIDING OFFICER. The Sen- trak. We believe investing in Amtrak Amtrak serves communities like ator from New York. and improving its service so we can Beckley, WV; Hinton, WV; Alderson, Mr. SCHUMER. Mr. President, I have high-speed rail is going to dra- WV; Charleston, WV; Huntington, WV; thank the Senator from Washington matically increase passenger ridership. Martinsburg, WV, and, Harpers Ferry, for her leadership, the Senator from I hope those who are skeptical of Am- WV. These are some of the commu- South Carolina, the Senator from West trak will understand we have in this nities in my state that are served by Virginia, and I thank our Senator from new administrator, Mr. Gunn, a man Amtrak. Arizona for letting this amendment go who has been brutally honest in terms I can tell you that for a great many through. If we did not, we would have of the future of Amtrak and what it of the citizens in those communities, the same situation we had last August needs, and the Senator from Wash- the Amtrak train may be the only way when Amtrak closed. ington is offering him the resources he into town and the only way out. When I find it rather perplexing that so needs to continue to reform this impor- you talk about long-distance travel, many of my colleagues are willing to tant service to our Nation. I thank the the situation is no different in the subsidize the basic transportation in- Senator from Washington for her lead- great many other communities that frastructure for roads—it is the Fed- ership on this. are served by Amtrak: communities eral Government, not the passengers, I yield the remainder of my time. like Pascagoula, MS; Lordsburg, NM; that pays for roads—we are willing to Mr. BYRD. Mr. President, on July 26, Crestview, FL; Gilman, IL; Wilson, NC; pay for airports—again, Federal Gov- 2002, just 6 months ago, the Committee Libby, MT; Winona, MN; Fort Morgan, ernment money pays for airports, both on Appropriations, on a unanimous, bi- CO; White Salmon, WA; Sun River, OR; general aviation and commercial avia- partisan vote reported a Transpor- Fulton, KY; Ardmore, OK; and tion—but we are not willing to do it for tation Appropriations bill that in- Weaverville, CA. rail. It makes no sense, no sense what- cluded $1.2 billion in funding for Am- Many of the communities I have just ever. It is unfair. It is probably geo- trak. named, like so many communities graphic. Every State has airports and At that time, Amtrak had just across the United States, were put on every State has roads but not every weathered a severe financial crisis. the map by the arrival of the freight State has Amtrak. So people who do Amtrak’s President, Mr. David Gunn, railroads as they were built across our the same thing for air and for roads do testified before the Transportation Ap- country east and west, north and not do it for rail. propriations Subcommittee, just a few south. Mr. STEVENS. Will the Senator weeks into his tenure, and described to Those communities continue to be yield on my time? us the desperate financial conditions connected to our national rail network Mr. SCHUMER. On the Senator’s he found when he assumed control of and our national economy through Am- time. the railroad. trak. Mr. STEVENS. There is a tax fund It was only through a combination of The service may not be the kind of for roads with the gasoline tax; there is a $205 million supplemental appropria- high speed, high comfort rail service a fund for airports with airplane tick- tion that our Committee approved that people have come to expect in the ets. How about a program that charges back in July, as well as a temporary Northeast, but it is service that gets people on trains to pay for whatever loan by the Bush Administration grandmothers to their grandchildren; you need for trains? against the railroad’s 2003 appropria- it gets soldiers home to see their par- Mr. SCHUMER. Reclaiming my time, tion, that the railroad survived and ents; it gets college students home for that is something we could consider. continues to run to this day. the holidays; and lest we forget, Am- May I answer on the Senator’s time? That Amtrak funding crisis served as trak moved Americans all over this Mr. STEVENS. It is not my time a wake-up call for many of us in Con- country, immediately after September now. gress as well as for the millions of Am- 11, when our aviation system was Mr. SCHUMER. That is something we trak riders and the millions of com- brought to a complete halt. should consider, but we should not con- muter rail riders whose train service We are now faced with a funding pro- sider pulling the rug out from Amtrak. depends on a viable operating Amtrak posal to take all of rural America off of Roads are subsidized far beyond the system. the national rail map and do away with nickel gas tax, and airports are taxed

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1056 CONGRESSIONAL RECORD — SENATE January 16, 2003 far beyond the ticket price. Federal No industrialized country in the but in the end, after long hours, an dollars go into each of those; we all world operates a rail system that is agreement was reached and Amtrak know that. It is not simply that one is completely self-sufficient. Japan, Ger- got the infusion of funds it needed to subsidized by the other. It makes no many, France—all of the supposedly keep going. sense if you just believe in air and superior, successful rail systems, re- But David Gunn made it clear to the roads. ceived some level of subsidy from their Congress even before then that in this Before September 11, we had delay governments, in most cases far more fiscal year—the one we are in right after delay after delay in the Northeast than that sought by Amtrak. now—Amtrak was going to need $1.2 and then throughout the country in the They understand the enormous cap- billion in this year to stay alive. air. In Europe, where they have as ital costs involved in developing and The administration sent up a budget great a density, they do not have it. If maintaining a national rail system. with just a placeholder number in it: you go a short distance, you take a Why don’t we? Why don’t we speak the $521 million—the same number Amtrak speedy train. If you go from Paris to truth: America needs a passenger rail has received in other recent years. But London, you take the Chunnel. From system and it will take a national com- everyone knew that number wasn’t Paris to Frankfurt, you take the TGV. mitment. It makes sense. It’s simple real, that it was grossly insufficient. We will have to have rail in this coun- common sense. The number in this bill is grossly in- try because we do not have enough And yet, though we’ve made a sub- sufficient as well. Its $374 million space at the airports, we do not have stantial commitment to highway and short. Once more, Amtrak is getting enough space on the roads in the aviation development—over $750 billion underfunded. But this time we can’t ex- Northeast corridor, in California, and since 1971—somehow we don’t seem to pect it to keep limping along. This in so many other parts of the country get it. We don’t seem to understand the time—if we don’t step up to our com- where we have dense populations. So parallel commitment necessary for mitment—we’re going to strand mil- let’s all pull together. railroads. lions of rail passengers. My good friend from Arizona fights Instead, we have starved the rail sys- We need to give David Gunn the re- subsidies in a lot of places, and I appre- tem. And that’s why Amtrak is in this sources he needs to get Amtrak back ciate that. But so many others will situation today. on its feet again. Now—with new lead- vote for subsidies in every other place, We have to end that practice. We ership at the helm—it is critical that but when it comes to rail, we say no. have to sit down with governors, may- we don’t short change Amtrak one That makes no sense. It is unfair. ors, railroad workers—with everyone more time. I am glad we have this amendment who cares about keeping the railroads Mr. President, this is unusual for me. on the floor. I salute the leadership of solvent, safe, and moving. I thank my friend from Arizona. I ap- my colleagues. I hope we will do some- We need to discuss and resolve the preciate him. My friend from Arizona thing about Amtrak. The new head of kind of passenger rail system this is right on one very basic point. We Amtrak will shut that place down if we country deserves. And how much sup- have had such a stark disagreement, he do not fund it, and then the country port from Federal, State, and local and I, for so many years, as close as we will have an economic cataclysm that agencies will be needed to sustain it are. It is the only thing ever where we will affect everyone, whether you have now and over time. have gotten each other’s hackles up, Amtrak in your community and in And we need to do this in the larger and in the middle of these debates we your State or not. context—taking into account increas- have occasionally felt like walking I yield the floor. Mr. BIDEN. Mr. President, we are ing capacity constraints on our high- across and pummeling one another, but once again back here on the Senate ways, at our airports, the chronic over- we are close friends. But he is right—and I mean this sin- floor fighting for the future of pas- crowding, and the air pollution that cerely—about one important thing. We senger rail in this country. comes from that. Everyone here is well aware of my I commend my good friend, the Sen- should make a decision. We should shut position on railroads. Unfortunately, ator from South Carolina, Senator this sucker down or we should fund it. this is a battle that those of us who be- HOLLINGS, because as chairman of the I have been fighting this fight for 30 lieve in passenger rail service have had Commerce Committee, he made the re- years as a Senator, and it is always a to make over and over. authorization of Amtrak a priority and bridge too far. I am not referring to my I don’t need to tell anyone here that stepped up to the plate—recognizing friend from Arizona because he says: our national rail system is at a cross- the depth of commitment that is need- Look, let’s figure out how to reorga- roads. Decades of underfunding have fi- ed. I am proud to cosponsor his bill. nize this sucker; let’s chop it, move it, nally caught up to us. But this is not what we’re fighting change it, but whatever we are going to Amtrak is struggling to stay afloat. over today. Today, we are asking for do, let’s do it. They have imposed drastic spending the life-support to keep Amtrak mov- I agree. Let’s have the final fight cuts in the last 2 years. They have de- ing until we are able to reach a con- here. Not tonight. Let’s this year have ferred key capital maintenance sensus on its future. If we don’t adopt a fight over whether or not to reau- projects. The have mortgaged Penn this amendment, if we don’t fund Am- thorize Amtrak. Let’s do it. If we do Station in New York—their most valu- trak at $1.2 billion this year, this sys- it—whatever we call it, subsidy or able asset. The have slashed jobs. tem will die, commerce will be dis- not—let’s pay for it. If we call them These short-term moves have only rupted, passengers will be abandoned, giveaways, whatever it is, let’s just be served to worsen Amtrak’s long-term and it will cost us much more to build realistic and decide, is it worth the financial viability and put its future in a new rail system down the road. price? jeopardy. I want to thank the Senator from It reminds me—and I will end with For 30 years, Congress has dragged Washington, Senator MURRAY, and the this—every single year I have come on its feet. It has taken a back-seat ap- Transportation Appropriations Sub- this floor since the Nixon administra- proach to dealing with the long-term committee, for giving Amtrak a fight- tion, and said: I will take whatever you needs of a national passenger rail sys- ing chance, and to give us the time we can give me; just keep part of it open; tem. It stalled. It bickered. In the end, need to resolve these issues. just keep it open. It was always less it provided only enough money to Last spring, Amtrak got a new presi- than everyone said was needed to make allow Amtrak to continue to limp dent, David Gunn. Right out of the it run. It kind of reminds me of when along. gate he was faced with the prospects of we talk about vouchers—I am not talk- And we broke the deal we made with shutting down the system because of ing about my friend from Arizona—we Amtrak to help it meet its capital the lack of operating funds. talk about vouchers for school. needs. Year after year, Amtrak re- We were here less than a year ago, In my State, the cost of the average ceived only $521 million—far less than fighting for an emergency $200 million private school is about $1,500. If you go it was promised—forcing it to turn to to keep the trains running. to the real private schools, they cost private sector loans and dramatically This administration was not espe- about $13,000 a year, like down here in increasing it debt burden. cially receptive to the idea of helping, Washington. If I go to some African-

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1057 American or Latino kid in the neigh- not here while we talked about Acela and that’s it, or we should decide it is borhood and say: You have $500. Here it and those incredible failures. a national system and we are going to is. I could give him $5,000, if the cost is Mr. BIDEN. If the Senator will yield, pay the price. We should decide what it $13,000—I could give him $10,000—and I think I could have guessed what he is. He is right about that debate. Let’s he can’t get there. That is kind of said. have that debate. Whatever it comes where Amtrak is. There is no way to Mr. MCCAIN. They are the words of out, in terms of reorganization, let’s get from here to there without funding Mr. Gunn, the new President, not then make sure it can function. it, like I guess we have basically mine—the new President of Amtrak, I wasn’t being smart with my friend. reached an agreement on. We are going Mr. Gunn, about their failures. I am I am sincere when I say I know he is to get, at least initially here, a reform. sorry the Senator from Delaware not ‘‘against rail.’’ He is against what I thank my friend. I really hope this wasn’t here: he believes to be—and in many cases is year he and I and others—the leader in Amtrak pretended it was on a glidepath to right—total inefficiency and out- this deal for me has always been Sen- self-sufficiency and maintained that fiction rageous subsidies. That’s the only way ator HOLLINGS, and now PATTY MUR- far too long. It took action such as bor- we have been able to keep the North- rowing money through a variety of means, RAY, who has for the last I don’t know east corridor going, because we had to the primary example being the mortgaging get everyone from Texas to West Vir- how many years headed up this sub- of Penn Station last year, and now debt serv- committee. I think we should just have ice is a huge cost. That’s not the way to run ginia and Minnesota to vote for it. a knockdown, drag it out debate about a railroad and not the way I will run the rail- The PRESIDING OFFICER. The Sen- whether we should have the railroad or road. Too many happy words have hidden ator from Arizona. not. If we have it, fund it. If not, let’s very dismal financial results. Mr. MCCAIN. Let me add one addi- get rid of it. I come to this floor year after year, tional point. The thing that frustrated The PRESIDING OFFICER. The Sen- talking about these problems and, in me—and I know my friend from Dela- ator from Arizona. all due respect to my dear friend from ware appreciates this—is that people Mr. MCCAIN. How much time do I Delaware, he never recognized these who are running Amtrak would come have remaining? problems. These problems were never before the Commerce Committee and The PRESIDING OFFICER. The Sen- recognized by the proponents of Am- say: We are on a glidepath to self-suffi- ator has 28 minutes. trak. These were serious problems. ciency. Mr. MCCAIN. Would the Senator from Mr. BIDEN. Will the Senator yield? We have kind of an odd thing, that Delaware like to take a couple of extra Mr. MCCAIN. I am glad to yield to we have hearings and witnesses come minutes? my friend from Delaware. and testify and we take their word for Mr. BIDEN. No, I am fine. I said all I Mr. BIDEN. I will only take 2 min- it. We say: Gee, that’s wonderful. Time want to say. I sincerely mean what I utes. The Senator is right. It’s like after time after time. said about let’s decide whether we are going to someone and saying: By the The reason why we express our frus- going to have this system or not. way, we are going to demand that you trations is because, despite the assur- Mr. MCCAIN. I thank the Senator be self-sufficient within the next 2 ances that are made, ‘‘glidepath to self- from Delaware. I will just take a few weeks or 2 years. By the way, we are sufficiency,’’ it was far from the truth. minutes, I say to my dear friend from going to give you half of what you need That is why I know the Senator from Delaware. I just want to point out I to be self-sufficient. And now you have Delaware and I are both very pleased don’t think the decision necessarily to promise me you are going to be self- that Mr. Gunn is telling us exactly how has to be to shut it down or to fund it. sufficient. it is. That is a critical aspect of this I think it is to reform the system. I know darned well I can’t get self- whole issue and frankly one of the rea- The Senator from New York just sufficient based on what I have to oper- sons why I believe that Mr. Gunn has came on and talked about how the gen- ate with. But what do I do? What has said he needs this $1.2 billion to con- eral funds subsidize aviation. The fact been done—and this is the lie of it, in tinue operating while he institutes is that $3.08 over the last 5 years has effect—what has been done too long, these reforms. That’s one of the rea- come out of the general fund per pas- they say: OK, don’t shut us down now. sons why I am in favor of it and I think senger. Compare that with the Sunset We will be self-sufficient—hoping that the reason why the Senator from Alas- Limited, which is $347 per passenger; something happens in the next year ka very reluctantly agreed to allow the Texas Eagle, which is $258 per pas- and the year after and the year after. this amendment to go through. senger; the Pennsylvanian, which is So my friend is exactly right. He I am sorry. I want to apologize to my $292 per passenger; the Lake County made a believer out of me. He’s abso- colleagues. I have probably overtalked Limited, which has been canceled— lutely right. That is what I mean by this issue. But I do take them at their $1,200 per passenger. let’s not do that anymore, let’s shut it word, that we will sit down this year The fact is that most of the funding down or whatever we want to do. and work together: First with the De- for highways and for air service in Mr. MCCAIN. I would be glad to yield partment of Transportation, sending America comes out of user fees. It an additional 2 minutes to the Senator over their reform plan. Then working comes out of trust funds that are fund- from Delaware if he wants. with Amtrak and working with all of ed by user fees. And we just laid a The PRESIDING OFFICER. The Sen- our colleagues and coming up with a whole lot more on the airlines in the ator from Delaware. plan for genuine reform of Amtrak so interest of aviation safety. Mr. BIDEN. I really appreciate the we don’t have to go through this de- But the fact is that if it is going to courtesy, and this is really the last bate on an annual basis. And it will re- cost $347 per passenger, then the Sen- thing I will say. I realize, and I don’t move the only existing impediment to ator from Delaware is right: You either think other people here do—I realize the friendship and affection that I feel shut it down or you tell the American my friend is not ‘‘against rail.’’ He has for my friend from Delaware. people that we are going to fund the said to me, I don’t know how many Mr. President, I yield the floor. Sunset Limited for $347 per passenger times over the years: Why can’t we Mrs. FEINSTEIN. Mr. President, I forever. Or we are going to tell the work something out, Joe, that funds rise today in support of Senator MUR- American people that we are going to the places needed, the dense popu- RAY’s amendment to add $438 million to fund the Northeast corridor, we are lations, the Northeast corridor? But Amtrak to fund system-wide rail secu- going to fund the Far West and other the rest of this apparatus is bleeding us rity upgrades and to reiterate my un- places in the country where it is eco- to death. And you have inefficiencies wavering support for Amtrak. nomically viable and, in many cases, as even in the corridor. Why don’t we I believe it is essential to fund Am- the Senator from Delaware and the work that out? trak at $1.2 billion in fiscal year 2003 to Senator from Vermont have pointed What I am saying to my friend, and I prevent our passenger rail system from out, vital to have that service. say it sincerely, he is right in this re- grinding to a halt and stranding mil- The problem with Amtrak has not spect. We should either decide what we lions of commuters coast to coast. In been in the Northeast, although the mean by Amtrak, that it is the North- fact, Amtrak’s President David Gunn mismanagement—I am sorry you were east corridor and West Coast system has said a funding level of only $762

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1058 CONGRESSIONAL RECORD — SENATE January 16, 2003 million would ‘‘guarantee insolvency an option for commuters heading to throughout the country. In 2000, we en- by spring and the shutting down of the work or travelers on vacation. acted AIR–21, substantially increasing railroad at that time.’’ Last summer, Senator BOXER and I funds for needed airport infrastructure. And as James Jones, California State wrote President Bush to ask him to ap- To ensure a transportation system that Legislative Director of the United prove Amtrak’s $200 million loan guar- is truly intermodal, we need to con- Transportation Union, wrote to me in a antee to prevent the rail system from tinue to invest in Amtrak, doing for recent letter: grinding to a halt. I cannot believe inter-city rail what we have already This shutdown would end all intercity rail that 6 months later Amtrak is again done for highways, transit, and avia- and much of the commuter operations in being denied life support. tion. The level of government support California. This would cause a serious ad- If Amtrak shuts down, thousands of for passenger rail in Japan and Euro- verse effect on the general public, the Am- people in California who depend on pean countries far exceeds the level of trak employees that would be out of work, as Amtrak service every day will be government support in the United well as the California economy. stranded. Since most rail lines in Cali- States. In my view, we cannot afford to Amtrak’s passenger rail service is an fornia are run by Amtrak or depend on be the only industrialized country essential link in our transportation Amtrak, everything is in jeopardy. without a comprehensive national pas- system and our economy. These include three Amtrak routes senger rail system. Every day, Americans use Amtrak funded by the State and the Federal Across the Nation, congestion and and local commuter rail systems that Government: gridlock are taking their toll in terms depend on Amtrak to get to and from of economic loss, environmental im- No. 1, the Capitol Corridor route between work. More and more Americans are San Jose and Auburn; pacts, and personal frustration. Ac- relying on long distance Amtrak trains No. 2, the San Joaquin route between Oak- cording to the Texas Transportation for their travel because of security land and Bakersfield; and Institute’s Annual Mobility Report, in changes at our Nation’s airports. No. 3, the Pacific Surfliner route between 1997, Americans in 68 urban areas spent I cannot think of a worse time to San Diego and San Luis Obispo. 4.3 billion hours stuck in traffic, with underfund Amtrak. These are three of the most success- an estimated cost to the Nation of $72 What will happen if Amtrak shuts ful routes in the United States. In fact, billion in lost time and wasted fuel. It down? Well, you can be sure the roads all three are among the top five inter- is clear that highway and airport ex- will jam up even more and air travel city rail corridors, and the Pacific pansion cannot be our only solution. will become an even greater headache. Surfliner is the fastest growing route We need a balanced approach, and pas- Last year, I joined many of my col- in the Nation. Overall the State of senger rail must be a part of that ap- leagues in a commitment to fund $1.2 California has added 28 new daily proach. Without the additional funds billion for Amtrak in fiscal year 2003. trains since 1995, and over 1.5 million provided by Senator Murray’s amend- This is the amount Amtrak needs and new passengers. ment, Amtrak cannot continue to oper- it was the amount the Appropriations But a shutdown will also threaten ate. Committee unanimously approved last some of California’s largest regional Mr. CORZINE. Mr. President, I rise year despite the Bush administration’s transportation systems including: in support of the amendment offered by paltry budget request of $521 million Senator MURRAY to restore funding for No. 1, Caltrain, the rail service between Amtrak for the remainder of this fiscal for fiscal year 2003. San Francisco and San Jose; I cannot understand why President No. 2, Metrolink, Southern California’s re- year. Bush continues to stand by his budget gional transit system; and The underlying amendment before request of $521 million. No. 3, the Coaster, San Diego County’s re- the Senate includes a $374 million cut Amtrak needs more funding, not less gional train. in Amtrak relative to the level ap- and last week I was pleased to again It is clear to me that a shutdown of proved on a bipartisan basis by the Senate Appropriations Committee last co-sponsor Senator HOLLINGS’s legisla- Amtrak will be devastating for rail tion to fund Amtrak for the next 5 passengers across the Nation. I believe year, and relative to the level re- quested by Amtrak. Amtrak tells us years. The National Defense Rail Act we must act immediately to avoid it. I that if this cut remains in place, Am- would authorize $4.6 billion annually urge my colleagues to approve Senator trak would have to shut down as early for passenger rail service. The legisla- MURRAY’s amendment to add $438 mil- lion to Amtrak to fund system-wide as March. tion, which passed the Commerce Com- This amendment would restore Am- rail security upgrades. mittee by a vote of 20–3 last April trak funding to $1.2 billion, the level it Mr. SARBANES. Mr. President, I rise would fund rail security improvements, needs, and the level that originally was high-speed rail development, and oper- in strong support of the amendment of- approved by the Appropriations Com- ational costs for existing rail routes. fered by Senator Murray to restore mittee. I strongly believe that Amtrak is not funding for Amtrak to the full $1.2 bil- It is absolutely critical that we ap- a failure, it is the government that has lion level needed to ensure the sol- prove this amendment, and save Am- failed Amtrak. If we do not properly vency and continued operations of the trak from bankruptcy. I am sure I fund our rail system, how do we expect railroad. I am deeply troubled by this don’t need to remind my colleagues it to thrive? administration’s failure to address Am- how important it was to have a na- Since 1971, when Amtrak was found- trak’s financial needs. tional intercity rail system in the im- ed, only $25 billion has been spent on Since it was first established in 1970, mediate aftermath of September 11th. passenger rail, compared to over $750 Amtrak has been an essential part of On that terrible day, our commercial billion that has been invested in high- our transportation network. The rail- aviation system was shut down, strand- ways and aviation. The Federal Gov- road currently carries nearly 23 million ing thousands of travelers. Meanwhile, ernment has made a commitment to passengers each year including over 1.7 Amtrak ridership surged, as thousands fund road construction and expand million travelers in Maryland who rely of people took Amtrak to get home to aviation capacity, but we have always on Amtrak for commuting to work and their loved ones. It has been clear from come up short to provide fair funding other transportation needs. Amtrak that day that we can never afford to let for our rail system. operates 87 trains daily in Maryland this vital lifeline be shut down. The Federal Government provided $15 alone. And these figures do not include A shutdown of Amtrak would have an billion in payments and loan guaran- the MARC trains or the 1.9 million pas- especially devastating effect on com- ties to aid the airlines after the Sep- sengers annually who use the MARC/ muters in my State of New Jersey; tember 11th terrorist attacks. Why Amtrak lines for service. that is because Amtrak owns the can’t we provide $438 million more to In recent years, we have made great Northeast Corridor, upon which many keep our trains running? strides toward improving our highway, trains of New Jersey Transit also de- Imagine the chaos that will ensue if mass transit, and aviation systems. In pend. So an Amtrak shutdown would Amtrak does shut down. There will be 1998, we enacted TEA–21, providing not only inconvenience the many New even more traffic on our roads and air record levels of funding for highway Jerseyans who depend on Amtrak di- travel will slow down if trains are not and mass transit improvements rectly, but it would force more than

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1059 80,000 riders of New Jersey Transit to AMENDMENT NO. 32 FY 2002 Byrne Formula Grant Program—State find another way to work. The end re- (Purpose: To restore funding for nondis- Allocations—Continued sult clearly would be a disaster for New cretionary Byrne grants to a level of State Amount Jersey. $500,000,000) Alaska ...... 2,158,472 Arizona ...... 8,766,474 Amtrak badly needs a guarantee of Mr. HARKIN. Mr. President, I send Arkansas ...... 5,670,673 the financial assistance that will allow an amendment to the desk. California ...... 50,933,474 it to survive. Senator MURRAY’s The PRESIDING OFFICER. The Colorado ...... 7,549,473 amendment would help ensure Am- clerk will report. Connecticut ...... 6,235,473 trak’s operations for the remainder of The assistant legislative clerk read Delaware ...... 2,388,472 as follows: District of Columbia ...... 2,078,472 the fiscal year. We should approve it Florida ...... 24,687,474 today. And then, before too long, we The Senator from Iowa (Mr. HARKIN), for Georgia ...... 13,249,474 should take up and pass the National himself, Mrs. FEINSTEIN, Mr. BIDEN, Mr. Hawaii ...... 3,016,472 Defense Rail Act of 2003. That bill LEAHY, Mrs. MURRAY, Mr. ROCKEFELLER, Mr. Idaho ...... 3,137,473 would authorize $35 billion to maintain JOHNSON, Mr. JEFFORDS, Mr. NELSON of Flor- Illinois ...... 19,460,474 and further develop our passenger rail ida, Mr. AKAKA, Mr. KOHL, and Mr. LAUTEN- Indiana ...... 10,160,474 BERG, proposes an amendment numbered 32. Iowa ...... 5,532,473 system. It also would provide more On page 101, line 1, strike ‘‘$134,700,000’’ and Kansas ...... 5,183,473 than $800 million for vital safety im- insert ‘‘$634,700,000’’. Kentucky ...... 7,169,373 provements to the tunnels under the Mr. HARKIN. Mr. President, this is a Louisiana ...... 7,795,473 Hudson River that connect New Jersey very simple amendment which I send Maine ...... 3,109,473 with New York City. These tunnels are Maryland ...... 9,009,474 to the desk on behalf of myself and Massachusetts ...... 11,591,053 used on a daily basis by over 300,000 Senators FEINSTEIN, BIDEN, LEAHY, Michigan ...... 15,820,474 New Jerseyans. I was proud to get $100 MURRAY, ROCKEFELLER, JOHNSON, NEL- Minnesota ...... 8,456,474 million to begin work on these tunnels SON of Florida, KOHL, and LAUTENBERG. Mississippi ...... 5,412,473 in the supplemental defense appropria- This amendment will restore the Missouri ...... 9,448,474 tions bill signed by the President last funding for the Edward Byrne Memo- Montana ...... 2,562,472 year. But we need to do more. Nebraska ...... 3,749,473 rial Grant Program at the fiscal year Nevada ...... 4,170,473 In conclusion, I urge my colleagues 2002 level. The bill before us virtually New Hampshire ...... 3,052,472 to support the Murray Amendment. It eliminates this grant program which New Jersey ...... 13,584,474 is absolutely critical that Amtrak re- provides a critical resource directly to- New Mexico ...... 3,907,473 mains a safe and viable transportation ward our State and local law enforce- New York ...... 29,080,474 North Carolina ...... 13,048,474 alternative in the 21st century. And ment communities. North Dakota ...... 2,181,472 only by adopting this amendment can The bottom line is if you eliminate Ohio ...... 17,895,474 we make that happen. the Byrne grant program, you elimi- Oklahoma ...... 6,301,473 The PRESIDING OFFICER. The Sen- nate most of the local counterdrug Oregon ...... 6,258,473 ator from Alaska. task forces in rural America. Our Pennsylvania ...... 19,257,474 amendment would restore those cuts to Rhode Island ...... 2,777,472 Mr. STEVENS. Mr. President, how South Carolina ...... 7,125,473 much time remains? fully fund Byrne at $500 million at the South Dakota ...... 2,346,472 fiscal year 2002 level. The PRESIDING OFFICER. Twenty Tennessee ...... 9,586,474 I am sure every Senator on this floor minutes. Texas ...... 31,831,474 on both sides of the aisle has on more Utah ...... 4,515,473 Mr. MCCAIN. Mr. President, if the than one occasion talked to their local Vermont ...... 2,344,472 Senator wants me to, I yield back the police departments, their State sher- Virginia ...... 11,624,474 remainder of my time. Washington ...... 9,886,474 iffs, or narcotics enforcement agencies West Virginia ...... 3,892,473 Mr. STEVENS. Mr. President, I am in their States about the vital neces- Wisconsin ...... 9,108,474 constrained to say at this late time of sity of having this Byrne grant pro- Wyoming ...... 1,963,472 the night, that President Lincoln of- gram for local law enforcement to bat- Puerto Rico ...... 6,826,473 fered a bonus of $1 million and every tle drugs throughout this country. Virgin Islands ...... 1,398,472 odd section along the railroad right of To give you an example of how criti- Guam ...... 1,443,752 way to anyone who completed the American Samoa ...... 953,222 cally needed this funding is, in my No. Mariana ...... 470,076 transcontinental railroad. Subsidies to State of Iowa, 25 of the multicounty Mr. HARKIN. Mr. President, the railroads are 150 years old. task forces are funded through the Byrne program is one of the most suc- But the problem is that was not a Byrne grant program. Without the cessful Federal anticrime programs taxpayer burden. I think we have to Byrne grant, those task forces are ever. It pays for drug enforcement task really examine this and find out what gone. Iowa receives about $5.4 million a forces, more cops on the street, im- is the taxpayer burden for the future as year from Byrne. Believe me, we use proved technology, and countless other far as Amtrak. every cent of it well and wisely. valuable antidrug and anticrime efforts I yield the remainder of my time and It is a formula grant program that in local communities. Restoring the I urge the adoption of the amendment. goes out to States, and basically it is Byrne funds is a top priority of law en- The PRESIDING OFFICER. Is there based on population. As I said, Iowa forcement groups who know the impact further debate on the amendment? If gets about $5.5 million, Texas gets the program has had on crime and not, the question is on agreeing to about $32 million, Alaska gets $2.1 mil- drugs. amendment No. 30. lion, Massachusetts gets $11.5 million, The National Association of Police and California gets $50.9 million, and The amendment (No. 30) was agreed Organizations, the National Sheriffs on and on. to. Association, and the International As- I ask unanimous consent that the sociation of Chiefs of Police have con- Mr. HOLLINGS. Mr. President, I State-by-State breakdown of the move to reconsider the vote. tacted me urging full funding of this amount of money for the Byrne grant program. Mrs. MURRAY. I move to lay that program listed by State as of January For example, Iowa and the Midwest motion on the table. 14 of last year be printed in the have made great strides in reducing The motion to lay on the table was RECORD. methamphetamine production and sup- agreed to. There being no objection, the mate- ply over the last few years. These cuts Mr. STEVENS. Mr. President, what rial was ordered to be printed in the will only set them back in their uphill is the next order of business? RECORD, as follows: battle. Without Byrne, most of the The PRESIDING OFFICER. Under FY 2002 Byrne Formula Grant Program—State small agencies in that region would the previous order, there are 60 min- Allocations lack the manpower, funding, and tech- utes on the Harkin amendment. The State Amount nology necessary to combat this meth- Senator from Iowa is recognized. Alabama ...... $7,763,473 amphetamine problem.

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1060 CONGRESSIONAL RECORD — SENATE January 16, 2003 I have heard this story over and over funding levels to the Edward Byrne provided in the bill to implement the new again from my contacts in Iowa. These block grant program for State and election reform law. We also appreciate that drug task forces are funded primarily local law enforcement activities. the bill includes an extension of the Tem- by the Byrne grant, and they are des- It is signed by Gov. Paul Patton and porary Assistance for Needy Families (TANF) block grant and related programs perately needed to fight our State’s up- Gov. Dirk Kempthorne, vice chairman, through September 30, 3002. It is critical that hill battle against methamphetamine. Governor Kempthorne having been a states have reliability of funds in order to I know that is the case in States across member of this Senate just a few years continue operating their welfare reform pro- the country. ago. grams while Congress considers TANF reau- I also want to make one more point. I ask unanimous consent to have thorization. At this crucial time in our history, we those letters printed in the RECORD. We would also like to express our support cannot afford to reduce the effective- There being no objection, the mate- for the following amendments: rial was ordered to be printed in the Dodd amendment. The Governors support ness of our Nation’s State and local Senator Dodd’s amendment calling for a $1.5 law enforcement agencies. It makes no RECORD, as follows: billion increase in state grants for special sense to cut this successful program INTERNATIONAL ASSOCIATION OF education. We are committed to continu- that directly benefits our local commu- CHIEFS OF POLICE, ously improving the academic performance nities. Alexandria, VA, January 16, 2003. of all students, including students with dis- Today, I received various letters Hon. TOM HARKIN, abilities. The nation’s Governors support U.S. Senate, this amendment and urge Congress to con- from various organizations I just men- Washington, DC. tioned in support of putting the fund- tinue to work toward enacting legislation DEAR SENATOR HARKIN: On behalf of the that makes the Individuals with Disabilities ing back in for the Byrne program. International Association of Chiefs of Police Education Act (IDEA) funding a mandatory I have a letter dated today from the (IACP), I am writing to express our strong expenditure with incremental increases to- National Association of Police Organi- support for your efforts to ensure that the wards meeting the 40 percent federal require- zations. Edward Byrne Memorial Grant Program is ment; fully funded in FY 2003. As you know, the Dear Senator HARKIN: Murray amendment. The Governors sup- On behalf of the National Association of IACP is the world’s oldest and largest asso- port providing the necessary funding for Am- Police Organizations representing 220,000 ciation of police executives, representing trak to support the continuation of a na- rank-and-file police officers from across the more than 19,000 members in over 90 coun- tional passenger rail system as proposed by United States, I would like to bring to your tries. Senator Murray. Amtrak must be provided a Since its inception, the Byrne Grant Pro- attention our wholehearted support for your sufficient level of funding to guarantee there gram has proven itself an invaluable re- amendment to the Omnibus Appropriations will be no break or threat of a break in serv- source for cooperative federal, state and bill currently before the Senate. ice. We must be certain that Amtrak will not local anti-crime policing strategies, such as Under the proposed Omnibus bill, funding encounter the rolling financial crises it expe- multijurisdictional drug task forces and of the Byrne Grant Program would be vir- rienced during the past year; DARE training. In addition, the close work- tually eliminated. In a time when our coun- Chafee-Rockefeller amendment. The na- ing relationship between law enforcement try is focused on the varied aspects of home- tion’s Governors urge your support for quick agencies that is fostered by the Byrne pro- land security, the loss of a key source of action on a bipartisan compromise to protect gram is invaluable in law enforcement’s ef- Federal funding to State and local law en- resources in the State Children’s Health In- forts to secure our communities and combat forcement initiatives would be unacceptable. surance Program (S–CHIP). Preserving the terrorism. Your amendment will rightly restore to Fis- S–CHIP funds that have reverted to the fed- The IACP believes that at this crucial time cal Year 2002 levels this necessary funding. eral treasury would keep $1.2 billion of the in our history, we cannot afford to reduce NAPO is proud to stand in support of your FY 1998 and FY 1999 allocations within the the effectiveness of our nation’s state and efforts and we thank you for your hard work program until 2004; and local law enforcement agencies. Over the on this important issue. Harkin amendment. The Governors urge last decade, the funds provided by the Byrne Sincerely, support for restoring current funding levels Grant program have dramatically increased to the Edward Byrne block grant program WILLIAM JOHNSON, the capabilities and effectiveness of these Executive Director. for state and local law enforcement activi- agencies. It is imperative that departments ties. I have another letter from the Inter- continue to receive this assistance. We have Finally, while Governors appreciate the in- national Association of Chiefs of Po- entered a new era for law enforcement; we clusion of $2 billion for first responder lice: are faced with new and daunting challenges; grants, we urge support for the President’s I am writing to express our strong support we are asking more of our officers; and our original request of providing $3.5 billion co- for your efforts to ensure that the Edward communities are turning to us for protec- ordinated through the states. Just as Con- Byrne Memorial Grant Program is fully tion. Only with federal assistance funds that gress and the President have responded by funded in FY 2003. As you know, the IACP is are specifically targeted for law enforcement acting on a far-reaching reorganization and the world’s oldest and largest association of and its unique role can we hope to success- consolidation of federal agencies, so too the police executives representing more than fully meet this challenge. President recognized the critical role of 19,000 members in over 90 countries. Once again, the IACP strongly urges Con- states—the first line of defense and the first Since its inception, the Byrne Grant Pro- gress to maintain current funding levels for line of coordination of response to any at- gram has proven itself an invaluable re- the Byrne Memorial grant program. tack. Thus, this should be meaningful, new Thank you for your assistance in this mat- source for cooperative Federal, State, and resources that respect the diversity, respon- ter. local anti-crime policing strategies, such as sibilities, and capabilities of states and the Sincerely, multi-jurisdictional drug task forces and immediate need for resources for national JOSEPH SAMUELS, JR., DARE training. In addition, the close work- defense. Therefore, we encourage you to add President. ing relationship— an additional $1.5 billion in first responder grant funds to the $2 billion, so that we meet I want to make this point very NATIONAL GOVERNORS ASSOCIATION, the President’s recognition of the need to be clear— Washington, DC, January 16, 2003. prepared to respond to and recover from any between law enforcement agencies that is Hon. BILL FRIST, terrorist attacks. fostered by the Byrne program is invaluable Majority Leader, U.S. Senate, We greatly appreciate your consideration in law enforcement’s efforts to secure our Washington, DC. of our views. communities and to combat terrorism. Hon. TOM DASCHLE, Sincerely, Minority Leader, U.S. Senate, That letter is signed by Joseph Sam- Governor PAUL E. PATTON, Washington, DC. Chairman. uels, president of the International As- DEAR SENATOR FRIST AND SENATOR Governor DIRK sociation of Chiefs of Police. DASCHLE: On behalf of the nation’s Gov- KEMPTHORNE, Now I have a letter here from the Na- ernors, we are writing to express our support Vice Chairman. tional Governors Association to both for several key provisions of the (FY) 2003 Senator FRIST, the majority leader, omnibus appropriations bill affecting state NATIONAL ASSOCIATION OF and Senator DASCHLE, the minority programs. First, we appreciate that the bill POLICE ORGANIZATIONS, INC. leader. Basically, they say they would would maintain the FY 2003 highway pro- Washington, DC, January 16, 2003. gram investment level at $31.8 billion. With like to express their support for the Hon. TOM HARKIN, a sluggish economy and many states facing U.S. Senate, following amendments. They mention budgetary difficulties, now is not the time to Washington, DC. the Harkin amendment. The Governors cut federal highway investment. In addition, DEAR SENATOR HARKIN: On behalf of the urge support for restoring current Governors strongly support the $1.5 billion National Association of Police Organizations

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1061 (NAPO), representing 220,000 rank-and-file sure we fund the Byrne Grant Program, The assistant legislative clerk read police officers from across the United States, and, I might add, both through Demo- as follows: I would like to bring to your attention our cratic administrations and Republican The Senator from New York [Mr. SCHUMER] wholehearted support for your amendment administrations. proposes an amendment numbered 31. to the Omnibus Appropriations bill, cur- rently before the Senate. As I have traveled around the coun- The amendment is as follows: Under the proposed Omnibus bill, funding try, I have found local law enforcement (Purpose: To provide funds for research and of the Byrne Grant program would be vir- so grateful for the fact that they are development grants to increase security tually eliminated. In a time when our coun- able to get this money. And it goes for United States ports) try is focused on the varied aspects of home- down without strings attached. It is On page 723, strike lines 16 through 23, and land security, the loss of a key source of fed- not a mandate. What they have used insert the following: eral funding to state and local law enforce- that money for, as I said, is to combat ‘‘$72,000,000, to remain available until ex- ment initiatives would be unacceptable. drug trafficking, with coordination, pended, of which $3,500,000 shall be derived Your amendment will rightly restore to Fis- surveillance, and now for counterter- from the Oil Spill Liability Trust Fund: Pro- cal Year 2002 levels, this necessary funding. vided, That there may be credited to and NAPO is proud to stand in support of your rorism activities. used for the purposes of this appropriation efforts and we thank you for your hard work It has been a long battle. We have funds received from State and local govern- on this important funding issue. been successful in keeping the funding ments, other public authorities, private Sincerely, up on both sides of the aisle. I might sources, and foreign countries, for expenses WILLIAM J. JOHNSON, say, this has not been a partisan battle incurred for research, development, testing, Executive Director. at all. We have had great support from and evaluation: Provided, further, That, of Mr. HARKIN. Mr. President, the both sides of the aisle in continuing the total amount appropriated under this Byrne grant program has been a great the Byrne Grant Program. I am hopeful paragraph, $50,000,000 shall be available for success in rural America. In Iowa, in we will find that same kind of support the Secretary of Homeland Security to 2000, we found over 641 methamphet- now. As I said, it is $500 million to put award grants to national laboratories, pri- amine laboratories. In 2002, we found back in, just to get it up to the fiscal vate nonprofit organizations, institutions of over 800. Without the 25 task forces higher education, and other entities for the year 2002 level. At least if we have support of research and development of tech- that I talked about, these laboratories that, we can continue the program. So nologies that can be used to secure the ports wouldn’t be found by law enforcement. I hope we will have a successful vote on of the United States: Provided, further, That, But they could have been found by both sides of the aisle. the proceeds of grants made under the pre- children playing in rural areas around I might just add that if we are not ceding proviso may be used to develop tech- abandoned sheds, barns, and farms. successful on this amendment, it will nologies such as equipment that accurately Again, that is the Byrne Grant Pro- not go away. I will be back again and detects explosives or chemical and biological gram that does this. It goes to the again and again because I am not going agents that could be used to commit ter- States. It is for law enforcement and rorist acts in the United States, equipment to let this issue drop. It is too impor- that accurately detects nuclear materials also for prevention activities. tant in a matter of minutes, or in a (including scintillation-based detection This program was started under late evening or 1-day rush to judgment equipment capable of attachment to spread- President Reagan, named for Edward on an appropriations bill, to just throw ers to signal the presence of nuclear mate- Byrne, who was a police officer, I am out. It is one of the most important rials during the unloading of containers), im- told, in New York City, who was law enforcement programs we have had proved tags and seals designed for use on gunned down and killed while he was over the last nearly 20 years in this shipping containers to track the transpor- actively pursuing drug traffickers in country. tation of the merchandise in such containers the city of New York. So, again, I guess the vote will be in (including ‘‘smart sensors’’ that are able to At a time when our States are having track a container throughout its entire sup- the morning at 9:30. I will sum up my ply chain, detect hazardous and radioactive serious budget problems, at a time arguments again at that time. But I materials within that container, and trans- when we are making great inroads and am hopeful we can have a good, strong mit such information to the appropriate au- strides in the fight against especially vote to reassure our local law enforce- thorities at a remote location), and tools to methamphetamine, at a time when we ment officials around the United mitigate the consequences of a terrorist act need our local law enforcement agen- States that the Senate stands behind at a port of the United States (including a cies—the sheriffs, the police depart- them, that we are not going to pull the network of sensors to predict the dispersion ments, our DEAs, our narcotics law en- rug out from underneath them, and we of radiological, chemical, or biological forcement officers—we need them all agents that might be intentionally or acci- are going to make sure the Byrne dentally released): Provided, further, That the working together, both for combating Grant Program is fully funded. proceeds of grants made under such pre- the scourge of drugs but also, as was Mr. President, I reserve the remain- ceding proviso may also be used to develop mentioned in the letter, I believe, from der of my time. If anybody wants to en- pilot projects that could be implemented the Police Chiefs Association, for mak- gage in a colloquy or debate, I am pre- within 12 months at the Port of New York ing our communities safe from the pared to do so. If not, I will yield back and New Jersey, the port of Los Angeles and threats of terrorism. And to combat the remainder of my time. Long Beach, California, and the port of Vir- terrorism we need coordination and Mr. STEVENS. Mr. President, does ginia to demonstrate the effectiveness of a communication among small towns the Senator wish to have any further system of radiation detection monitors lo- cated throughout the port to detect nuclear and communities in rural areas. It is comments tonight? It would be my in- or radiological material: Provided, further, vital for tracking and for surveillance. tention to yield back the time on our That each entity desiring a grant under such I find it kind of odd that our national side because there is a 21⁄2-minute com- preceding proviso shall submit an applica- drug czar, Mr. John Walters, with Fed- ment period in the morning when we tion to the Secretary of Homeland Security eral money, with taxpayer money, is take up this amendment. at such time, in such manner, and accom- running ads all over America—and Mr. HARKIN. That is fine. panied by such information as the Secretary those ads are tying drug traffickers Mr. STEVENS. Does the Senator may reasonably require.’’. and the drug trade to the funneling of yield back the remainder of his time? AMENDMENT NO. 31, AS MODIFIED money to terrorists; making the point, Mr. HARKIN. I yield back the re- Mr. SCHUMER. Mr. President, send a in these ads, that we have to go after mainder of my time. modification to the desk. the drug traffickers to keep them from Mr. STEVENS. I yield back the re- The PRESIDING OFFICER. Is there funneling money to terrorists—I find it mainder of our time. objection to the modification? odd they are running those ads and, at The PRESIDING OFFICER. Under Mr. STEVENS. Reserving the right the same time, the omnibus bill before the previous order, the Senator from to object, I have not seen the amend- us would cut out all funding for the New York is to be recognized. ment yet. Byrne program, which is the basic AMENDMENT NO. 31 Mr. SCHUMER. I believe the major- funding for local law enforcement for Mr. SCHUMER. Mr. President, I call ity was given a copy of the amend- combating drug trafficking. up amendment No. 31. ment. I have made this a battle of mine now The PRESIDING OFFICER. The Mr. STEVENS. It may have gone to for going on almost 10 years, to make clerk will report. the leader, but I didn’t get it.

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1062 CONGRESSIONAL RECORD — SENATE January 16, 2003 Mr. SCHUMER. The only change I preceding proviso shall submit an applica- crates, put a Geiger counter by each am changing, I inform my friend from tion to the Secretary of Homeland Security one, and hope that you could detect Alaska, is on the second page where it at such time, in such manner, and accom- any nuclear weapon that might be panied by such information as the Secretary says ‘‘$50 million,’’ it should say ‘‘$150 may reasonably require.’’. smuggled in because that would bring million.’’ commerce to a standstill. They said: Mr. SCHUMER. I thank my colleague Mr. STEVENS. Mr. President, reserv- However, in that cyclotron in their lab- from Alaska. I will try to be brief on ing the right to object again, wouldn’t oratories, the scientists can detect ra- this amendment. it be necessary to amend this amend- Mr. President, this amendment deals diation 50, 60, 70, 80 feet away, but the ment in more than one place in order with port security, particularly port devices that detect nuclear radiation to accommodate that change? security research and development. are big and delicate. They can’t be Mr. SCHUMER. I believe it would, And it increases the funding by $150 bounced around. The main purpose of this proposal is yes. I believe it would. million. I believe this is a bare min- Mr. STEVENS. It is my under- to make those devices practical, to imum of what we should be passing. standing it would have to insert a fig- First, let me make a point that we make them smaller and more robust, ure ‘‘1’’ before the ‘‘7’’ in the third line. have lax security at our ports. And and then they could be put on every Mr. SCHUMER. The Senator from that has created a terrorist threat that crane that loads or unloads containers Alaska is correct. That is in the modi- jeopardizes not only the ports them- of ships, on every toll booth as the con- fied amendment. selves but cities near the ports and any tainer goes through the toll booth, and Mr. STEVENS. As I understand it, city in America because so much can any nuclear weapon smuggled into this that was a mistake in drafting the be brought in through the ports and country could be detected. Our money here is for research and amendment. I have no objection. then be trucked elsewhere and cause The PRESIDING OFFICER. Without untold damage. development. Such a device could prob- objection, the amendment is so modi- The statistics are chilling. Mr. Presi- ably be developed within a short period fied. dent, 95 percent of U.S. overseas trade of time, as little as a year or two. And The amendment, as modified, is as is conducted at our Nation’s 361 ports. I find it totally anomalous that we are follows: The Port of New York and New Jersey, willing to go to war in Iraq, a war in On page 723, strike lines 16 through 23, and for my home State, in part, is the larg- which I have supported the President, insert the following: est on the east coast. Yet in that port to make sure they don’t have nuclear ‘‘$172,000,000, to remain available until ex- less than 3 percent of the total cargo is weapons, when our whole foreign policy pended, of which $3,500,000 shall be derived scanned or inspected. Despite the risk establishment is focused on North from the Oil Spill Liability Trust Fund: Pro- Korea, but when it comes to detection vided, That there may be credited to and we face, despite the threat that hangs used for the purposes of this appropriation over our head, ports are receiving an devices for al-Qaida or any other ter- funds received from State and local govern- extremely small amount of Federal rorist group that might smuggle those ments, other public authorities, private funding—basically nothing. We need to weapons in, we say we don’t have the sources, and foreign countries, for expenses do more. dollars. incurred for research, development, testing, Let me explain to my colleagues The amendment I originally offered and evaluation: Provided, further, That, of what the problem is. was with my good friend, Senator WAR- the total amount appropriated under this What is the greatest danger that we NER. We were able to get it in the paragraph, $150,000,000 shall be available for could face here in America? It is very homeland security bill, through the the Secretary of Homeland Security to support of former Senator Thompson, award grants to national laboratories, pri- simple. A terrorist group could—it vate nonprofit organizations, institutions of could be a country; it could be a Senator LIEBERMAN, as well as Senator higher education, and other entities for the group—smuggle a nuclear weapon into HOLLINGS and Senator MCCAIN. When it support of research and development of tech- one of the large containers that comes came to the end of the day, we were nologies that can be used to secure the ports to our ports by the tens of thousands told the administration wanted no of the United States: Provided, further, That, every month. spending in the homeland security bill. the proceeds of grants made under the pre- They can put that container on a So our amendment didn’t have the dol- ceding proviso may be used to develop tech- ship. They can put the container on a lars, although it was authorized by nologies such as equipment that accurately Senator HOLLINGS in the port security detects explosives or chemical and biological truck as it drives over the Canadian agents that could be used to commit ter- and Mexican borders. If that nuclear bill. rorist acts in the United States, equipment weapon is successfully smuggled into This is a relatively small amount of that accurately detects nuclear materials this country and detonated, as bad as money that could save us from the (including scintillation-based detection 9/11 was, the damage would be much worst catastrophe possible. One hun- equipment capable of attachment to spread- worse. dred fifty million dollars to develop ers to signal the presence of nuclear mate- Right now we have no way to check such detection devices that could pre- rials during the unloading of containers), im- whether such a nuclear weapon could vent any nuclear weapon from being proved tags and seals designed for use on be smuggled into our country. I have smuggled in through our ports is some- shipping containers to track the transpor- thing every one of us should support. tation of the merchandise in such containers been worried about this. So I did some (including ‘‘smart sensors’’ that are able to research. Here is what I found. I talked Unfortunately, it is not in the bill. I track a container throughout its entire sup- to scientists at Brookhaven National understand there are lots of needs. I ply chain, detect hazardous and radioactive Laboratory on Long Island and at Ar- am hoping that my colleague from materials within that container, and trans- gonne National Laboratory in Illinois. Alaska would examine this amendment mit such information to the appropriate au- Those are two energy labs that don’t and support it and accept it. The ports thorities at a remote location), and tools to produce weapons. I asked: What can we everywhere in America are vulnerable, mitigate the consequences of a terrorist act do to prevent a nuclear weapon from and this is not just money at a random at a port of the United States (including a purpose. It is not pork. It is designed network of sensors to predict the dispersion being smuggled into our ports? of radiological, chemical, or biological They said: There is good news and simply to deal with nuclear weapons agents that might be intentionally or acci- bad news. The good news is that every that might be smuggled into our coun- dentally released): Provided, further, That the radioactive device emits gamma rays try. proceeds of grants made under such pre- which can pass through anything ex- We can’t do it unless we have such ceding proviso may also be used to develop cept lead and tungsten and some very devices. We are not going to be able to pilot projects that could be implemented thick metals. The bad news is, the only stop each container and inspect each within 12 months at the Port of New York way to detect these devices right now one. As I said, we inspect 3 percent. and New Jersey, the port of Los Angeles and in a practical way is a Geiger counter, Just as we can have X-ray machines at Long Beach, California, and the port of Vir- our airports that can detect explosives, ginia to demonstrate the effectiveness of a and it has to be held about 3 feet in system of radiation detection monitors lo- front of the nuclear source of the radio- we can have such devices at our ports cated throughout the port to detect nuclear active device. and at our border crossings that detect or radiological material: Provided, further, You can’t go on every container, an even worse danger—nuclear weap- That each entity desiring a grant under such each of which contains scores of these ons.

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY January 16, 2003 CONGRESSIONAL RECORD — SENATE S1063 In the Hollings port security bill, dent of the United States to pursue al- that has no lobby behind it, has no in- there was authorizing language. So Qaida and to prepare our homeland se- terest pushing for it, no State or city is this appropriation is authorized. It is, curity defenses has not totally been going to lobby, no group is going to again, a small amount of money that spent yet. Why should we continue add- lobby, no company is going to lobby, would stop a nuclear weapon from ing amounts to this bill because people no union is going to lobby—in my expe- being smuggled into this country. The want to assure that their project is rience, unless you earmark a certain shame of it is, this is not a very dif- going to be built before the homeland amount of money—and I am not out to ficult thing to do. The science is there. security agency is even established? increase the budget. If my friend from The experts say we can create such a I don’t want to debate at length here. Alaska would be willing to take a part device. The danger is enormous. I don’t I do believe it is a matter of discipline. of that $24 billion and earmark $150 know a single argument against doing We do not have a budget resolution. If million for this subject, I would be this. we had a budget resolution, this would happy to withdraw the amendment. I As I say, it is a bipartisan proposal. be subject to a point of order. But each don’t want to increase the budget. The original bill was by Senator WAR- one of these amendments that is going My worry is, even though we say we NER and myself. It was supported by to come at us now is going to add a lit- have a lot of money in homeland secu- both Democratic and Republican mem- tle bit more. rity, in the scheme of things, this may bers of the Homeland Security Com- This subject was covered in the Byrd not be funded. I am obsessed with this mittee, but because the administration amendment which we defeated. Senator issue. I think this is the greatest dan- didn’t want any spending in the home- BYRD wanted to add more money to the ger we can face in the country, and I land security bill, we are here. $24.7 billion. One of them was this port am worried we will not do it. I would I am hopeful that my colleagues will security project. Now we have this lit- wait until tomorrow morning, but if look at this amendment and support it tle amendment coming in, $150 million. the Senator could show me a way to because the safety of our country de- It has been here too long. One hundred take it out of some existing pool of pends on it. If a nuclear weapon were fifty million dollars is a lot of money, money and earmark it so it would not smuggled in a container, put on a and to add it to this bill is going to be caught in the political vicissitudes, truck and exploded, whether it be in make it subject to a veto. Tomorrow I would support that. I don’t want to New York or Los Angeles or Chicago or morning, I shall oppose this amend- add any more money, but I know there St. Louis or any inland city because ment and show that this amount was in is a huge pot of money, and this is out they can be put on that truck and driv- the Byrd amendments—both of them— there. The odds are that it is not going en there, we would rue the day we which have been defeated. This is part to be funded, as important as it is. didn’t develop such detection devices. of it. Mr. STEVENS. The Senator makes a The terrorists know our weaknesses. I predict, if this one is passed, we are valid request. The staff with whom I They know we have done a pretty good going to see 50 small amendments and have to confer are gone now. We might job on airport security. They know our we will have put the $5 billion back in pursue that. I will be pleased to report ports are wide open. If they should get the bill. So I am not prepared to do to him in the morning precisely if we hold of a nuclear device right now, we that. Maybe the Senate is willing to do can do that. would be naked to them. We can stop that. I told somebody else that it is I recall the subject, however, because that. But we can stop it in a year or hard for a person to eat a pound of this system has not been deployed yet. two for a small amount of money. cheese unless he takes it a half ounce If the Senator read his hometown paper I am hopeful my colleagues will sup- at a time. That is what we are going to the other day, they have accused me of port this amendment. be looking at—50 amendments to put $5 taking this money out, that it was With that, I don’t know if my col- billion back into this bill and make it never in specifically. However, the league has any questions or any com- subject to a veto. Now I am not going money was in the bill to do it if the ments, but I don’t have anything more to permit that without a fight. Homeland Security Department de- to say. I will only yield any time I We have reserved the right to table, cided to do it. It may be possible for us might need to answer any of his ques- and I shall make a motion to table this to earmark a portion of that money to tions or respond. at the appropriate time tomorrow be- pursue the experiment that the Sen- The PRESIDING OFFICER. The Sen- cause it is the same subject once again. ator wishes. Whether we would ear- ator from Alaska. The money is there. We just don’t mark the money specifically for these Mr. STEVENS. Mr. President, the need redundant money. We do not need specific reports, again, I don’t know. hour is late, but we have in the amend- redundant money for homeland secu- The Senator’s amendment would, in ment that contains the 11 bills a total rity. It forces us to go into a concept of fact, deal with pilot projects for the of $24.7 billion for homeland security. how big the deficit is and yet we won’t Port of New York and New Jersey, the That is better than $3 billion a month spend the money. Port of Los Angeles and Long Beach, to be spent for homeland security. Mr. SCHUMER. Will my colleague and the Port of Virginia, and there is a There is nothing that prevents the yield for a question? ‘‘may’’ in there. homeland security agencies from pur- Mr. STEVENS. Yes. Mr. SCHUMER. If the Senator would suing this task that the Senator’s Mr. SCHUMER. I understand this is a yield, I am not out to specifically do it amendment would fund. What this large bill. I just ask my colleague, for any one port. I rather want the re- does, however, is add another $150 mil- from what section of the bill could this search done to develop the devices. lion to the total of this bill and makes be funded? Once the devices were developed, we it subject to a veto by the President. Mr. STEVENS. In the homeland secu- would have to deploy them at all our We have no more room for amend- rity portions of the bill we have $24.7 ports. ments. We have just used up the bal- billion, and it is subject to immense Mr. STEVENS. That is the specific ance of the offset that we had avail- discretion as to how the money is question I asked after I read the arti- able. spread. It is spread throughout the cle. I was told there is money to pursue This amendment, as worthy as it bill—$24.7 billion—for homeland secu- the development and testing of the sys- may seem, in my judgment is unneces- rity. tem to which I believe you are refer- sary because there is plenty of money Mr. SCHUMER. If I might, I under- ring. in this bill. There is an overwhelming stand there is a lot of money for home- Let us finish this tonight now, and I amount of money. I really stake my land security, and I understand there will report back to him before the vote reputation on the fact that some of are huge needs. I appreciate that my tomorrow as to whether or not it is that money will carry over to the next colleague said this is an important sub- possible to achieve the Senator’s result fiscal year. It just cannot be spent as ject and probably needs to be done, but without adopting this amendment. I fast as people want to spend it. he has been around here much longer agree. We have a lot of ports on the The $20 billion we put up for New than I have. I have been in the House 18 coast of Alaska. We have 25 percent of York in 2001 has not been spent yet. years and now in the Senate 4. But in the domestic oil coming out of those The $20 billion we gave to the Presi- my experience, something like this ports. So I understand port security. I

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1064 CONGRESSIONAL RECORD — SENATE January 16, 2003 am willing to work with the Senator I say to my colleagues, if we choose the U.S. companies and their workers from New York on port security. It to honor Dr. King, let’s fight for eco- can compete against unfair imports may be possible to earmark money to nomic justice. I am so pleased we from foreign companies who dump see to it that this pilot project is pur- passed the unemployment insurance. their products in the U.S. If a foreign sued. Now we need to raise the minimum company continues to dump its prod- If the Senator wishes to respond, OK. wage. The minimum wage is $10,700 a ucts in the U.S. after having been Otherwise, I am prepared to yield back year. That means a full-time job still found guilty of that practice, the CDO the remainder of my time tonight. We leaves you in full-time poverty. Let’s allows that future penalty tariffs pay- have 2 1⁄2 minutes on each side tomor- keep the dream alive and raise the ments be made to the companies who row. I hope we can reach a conclusion minimum wage. are being injured. We would all prefer that we can adopt the Senator’s pro- The first civil rights battles were that companies halt their illegal dump- posal. over education. At that time, edu- ing, but if a foreign competitor chooses I yield back the remainder of our cation was separate and unequal. to continue the predatory practices, time. Today, we are still fighting to make then the tariffs assist the U.S. workers Mr. SCHUMER. Mr. President, I yield sure our children go to good schools and industry to remain competitive. back the remainder of my time. with properly trained teachers and up- The PRESIDING OFFICER. All time The CDO provides that antidumping to-date books and technology. We need is yielded back. tariffs benefit the companies injured to make sure we back our educational from foreign dumping. Previously, this f system. This can mean technology money went to the U.S. Treasury. Now MORNING BUSINESS training at a community college, the money assists the impacted compa- Ph.D.s or MBAs, but at the same time, nies to help them remain competitive. while we look at higher education, invest in new technologies and keep HONORING DR. MARTIN LUTHER make sure we focus on that elementary jobs in the U.S. In 2001, less than $230 KING and secondary level. Let’s leave no million was paid out to 900 companies. Ms. MIKULSKI. Mr. President, I child behind but make sure no child is In September 2002, a WTO panel ruled want to say a few words to commemo- left out of the budget. that CDO placed the U.S. in violation rate the life and legacy of Dr. Martin Dr. King’s legacy for America must of its obligations. Today, a WTO appel- Luther King. Yesterday was Dr. King’s be a living legacy. We in the Senate late upheld that decision. It is becom- birthday, and on Monday we celebrate must continue to fight for the values ing obvious that the WTO is intruding the National Holiday of Dr. King. Dr. King stood for and make sure the on U.S. sovereignty and has acted be- He had a dream: Equal opportunity American dream is a reality for others. yond the scope of its mandate in this for all Americans. That dream is f case. Even the Bush administration has unfulfilled today. In the 1960s, Dr. King LOCAL LAW ENFORCEMENT ACT recognized this trend nothing that the spoke out against segregation and de- OF 2001 WTO ‘‘. . . has created obligations that humanization. He stood up for workers’ do not exist.’’ Mr. SMITH. Mr. President, I rise rights and voting rights. He won a The WTO dispute resolution system today to speak about the need for hate Nobel Prize. is in need of serious overhaul. The WTO crimes legislation. In the last Congress I often think what Dr. King would and its appellate body are creating new Senator KENNEDY and I introduced the call for today. He would say there is rights and obligations where none exist Local Law Enforcement Act, a bill that still injustice in America; there is still in the actual WTO agreement. U.S. would add new categories to current more work to be done. As we look at trade laws designed to insure a level what we need to do, we need to know hate crimes law, sending a signal that playing field for U.S. industries and that we need an independent judiciary. violence of any kind is unacceptable in their workers are being seriously erod- In order to protect our civil rights, we our society. ed by the WTO. This must end. need to make sure we have judges who I would like to describe a terrible respect the 14th amendment and the crime that occurred March 25, 2002 in The CDO is good public policy. In a civil rights laws. When someone walks Dubuque, IA. Elizabeth Tran was as- time of uncertainty, it benefits U.S. in the courthouse door, they must be saulted by Carla Kaufman, 17, while manufacturers and workers. It must be able to count on everyone being treat- she was walking home from school. retained. ed fairly. They must be able to trust Without warning, Kaufman attacked that the law on the books will be en- the victim, beating her and using ra- f forced and that their constitutional cial slurs associated with the victim’s rights will be respected. Let’s make Chinese heritage. The victim was treat- THE PERFORMING ARTS IN sure we have an independent judiciary. ed in a local hospital following the in- AMERICA America needs judges on the bench who cident. Mr. KENNEDY. Mr. President, I will enforce the laws on the books, the I believe that government’s first duty would like to bring a recent article in Civil Rights Act, the Voting Rights is to defend its citizens, to defend them the Washington Post to the attention Act. Courtrooms across the country against the harms that come out of of our colleagues. Michael Kaiser, who need to protect against redlining and hate. The Local Law Enforcement En- is the President of the Kennedy Center, discrimination. The courts must not hancement Act is a symbol that can has written a thoughtful and articulate undo, rewrite, or reinvent the spirit of become substance. I believe that by article on the serious challenges facing our laws protecting America’s civil passing this legislation and changing the performing arts in America. rights. current law, we can change hearts and Dr. King fought not only for equality minds as well. Mr. Kaiser is an impressive leader for the Kennedy Center. In the 2 years he under law but for economic justice. f When he came for his famous Walk on has been its President, the Center has Washington, it was about jobs and free- WTO DECISION ON THE CDO ACT staged a broad range of programs in dom. In 1968, Dr. King marched with Mr. HOLLINGS. Mr. President, ear- dance, music and drama and has sig- 1,300 sanitation workers in Memphis. lier today, a WTO appeals panel nificantly expanded its efforts to reach Let me tell you what he said that day ‘‘ruled’’ that the United States vio- out through the arts to improve the on that march. He said he was fighting lated our WTO obligations with the en- lives of all Americans. for decent wages, fair working condi- actment of the Continued Dumping and I commend all that Mr. Kaiser is tions, livable housing. He said that old- Subsidy Offset, CDO, Act, commonly doing so effectively, and I ask unani- age Social Security, health and welfare known as the Byrd amendment. This mous consent that his recent article be measures should be at the top of our continues a longstanding effort by the printed in the RECORD. national agenda and that education for WTO to systematically undermine U.S. There being no objection, the mate- the children and respect for the com- laws that assist our besieged manufac- rial was ordered to be printed in the munity should be No. 1. turing sector. The CDO ensures that RECORD, as follows:

VerDate Mar 15 2010 21:27 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2003SENATE\S16JA3.REC S16JA3 mmaher on DSKCGSP4G1 with SOCIALSECURITY