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

Vol. 150 WASHINGTON, THURSDAY, APRIL 1, 2004 No. 44 Senate The Senate met at 9:30 a.m. and was I pledge allegiance to the Flag of the of the FSC/ETI bill, we will proceed to called to order by the Honorable JOHN United States of America, and to the Repub- the nominations and agreement to the E. SUNUNU, a Senator from the State of lic for which it stands, one nation under God, 22 judicial nominations that are avail- New Hampshire. indivisible, with liberty and justice for all. able on the calendar. Votes will occur The PRESIDING OFFICER. Today’s f on the confirmation of those judges. prayer will be offered by guest Chap- APPOINTMENT OF ACTING I thank all Members, especially the lain, Rev. Roy C. Smith of Shrewsbury PRESIDENT PRO TEMPORE assistant Democrat leader, and other North Temple, in Shrewsbury, PA. Members on their side of the aisle, for The PRESIDING OFFICER. The their cooperation in meeting these con- PRAYER clerk will please read a communication sent agreements. The guest Chaplain offered the fol- to the Senate from the President pro Mr. REID. Mr. President, is this the lowing prayer: tempore (Mr. STEVENS.) unanimous consent agreement you are Let us pray. The assistant journal clerk read as going to offer? Our most precious Heavenly Father, follows: Mr. FRIST. Mr. President, this is my we come to You this day with hearts U.S. SENATE, opening statement for April 1, and I full of thanksgiving for Your almighty PRESIDENT PRO TEMPORE, will withdraw any request for those grace and sweet mercy. We daily walk Washington, DC, April 1, 2004. To the Senate: consent agreements. in Your loving kindness and see Your It is an April 1 wish. It is what we majesty displayed before us. Thank Under the provisions of rule I, paragraph 3, should be doing. But we will proceed in You for this great country we live in. of the Standing Rules of the Senate, I hereby the normal order. All of us proudly declare our gratitude appoint the Honorable JOHN E. SUNUNU, a Senator from the State of New Hampshire, Mr. REID. If the Senator will yield for being able to live in a land of free- to perform the duties of the Chair. for a brief comment, every Thursday dom. , morning Senator ENSIGN and I hold a We lift this prayer to You for a spe- President pro tempore. cial blessing upon our Senate this day. breakfast for Nevada constituents. Mr. SUNUNU thereupon assumed the May they find comfort and joy in You. Today we had a very large crowd. Prob- Chair as Acting President pro tempore. It is a privilege to be in service to our ably there were 60 people there, plus country and to our God. I am honored f our staffs. I opened it by calling on a to stand in a room where history has doctor who just returned from the USS RECOGNITION OF THE MAJORITY Boxer, from sea, introduced our Cherry been made, to give courage and for- LEADER titude for the days ahead. You prom- Blossom Princess, and then I asked ised if we would have the faith as the The ACTING PRESIDENT pro tem- this gentleman to come up. I said: grain of a mustard seed we could ac- pore. The majority leader is recog- JOHN, you remember this thing we complish all things. May Your might nized. talked about—and gave him this cer- now abundantly flow to our Senators f tificate. and all the staff that make each day a The man’s name was a mixture be- SCHEDULE FOR APRIL FOOLS’ tween a Hungarian and a Hawaiian success. DAY May we never grow weary in well name—real long. And JOHN stumbled doing. Let us choose to see those Mr. FRIST. Mr. President, this morn- through that reading, but what a hero around us and ourselves with hearts of ing there will be a period of morning he was. You can tell JOHN was so flus- love. In You, there is joy for the jour- business for up to 60 minutes. tered. When he stopped for a second I ney. In You, there is peace for the I want to have the attention, just said, ‘‘April Fools’.’’ mind. In You, there is wisdom for deci- very briefly, of the assistant Demo- I have to say, it was probably the sions. In You, there is love to reach a cratic leader. greatest April Fools’ joke I have ever hurting world. In You, there is faith for We are going to have a period for been involved in. the days ahead. You truly are our all in morning business for 60 minutes. Under Senator DASCHLE just came on the all. We ask these things according to the previous unanimous consent agree- floor. He, Senator FRIST, just offered Your perfect and holy will. Amen. ment, we will finish the welfare reau- what we would accomplish today. It f thorization bill and allow that bill to was just an April Fools’ joke, even go to conference in order to reach an though he meant it sincerely. PLEDGE OF ALLEGIANCE accord with the House. That bill will be Mr. FRIST. I did mean it sincerely, The Honorable JOHN E. SUNUNU led followed by the final passage of the and it included all, I say to the Demo- the Pledge of Allegiance, as follows: FSC/ETI legislation. Upon completion cratic leader. It included welfare, FSC/

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

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VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3520 CONGRESSIONAL RECORD — SENATE April 1, 2004 ETI, the 22 judicial nominations. We The ACTING PRESIDENT pro tem- foreigners outsource far more work to would really be rolling if that were the pore. The majority leader. the United States than American com- case. Unfortunately, it is April 1. f panies actually send abroad. f Indeed, the value of insourcing, what JOBS is coming into the United States—in- SCHEDULE Mr. FRIST. Mr. President, I will be cluding legal work, computer program- Mr. FRIST. With that, Mr. President, making my comments on leader time. ming, banking, telecommunications, this morning there will be a period of We will have the hour of morning busi- engineering, management consulting, morning business for up to 60 minutes, ness as laid out in the unanimous con- other private services—was $133 billion and that morning business will be fol- sent for our side so people can plan in 2003. Outsourcing of such private lowed by an additional 60 minutes of their morning. My remarks will only services was valued at $77 billion and debate with regard to the mo- be about 10 minutes or so. $133 billion for insourcing. tion with respect to the welfare reau- Mr. President, I want to take a mo- When measuring outsourcing to thorization bill. At the conclusion of ment to comment on the Democrats’ insourcing, the United States posted a that 60 minutes of debate time, we will decision last week to filibuster the $54 billion surplus last year in trade proceed to a rollcall vote on invoking JOBS Act, the FSC/ETI and the and private services with the rest of cloture on the committee substitute to Jumpstart JOBS bill. It is a bill that the world. Again, look at both sides of H.R. 4. That is the welfare legislation. goes right at the heart of manufac- the equation. As I stated in closing last night, if we turing job creation in this country. It Far from being bad for the economy invoke cloture on this bill, I hope we is critical to our manufacturing jobs as a whole, this balance of offshoring will be able to finish it this week. Over base. As has been pointed out again and insourcing creates a net additional the last few days I had hoped we could and again, it was developed in a strong, value for the United States economy, reach an agreement to finish the bill in bipartisan fashion under the leadership lowering prices to consumers who are reasonable fashion, but because we of the chairman and ranking member making purchases and, in effect, in- were unable to reach a formal consent of the Finance Committee. It is criti- creasing their standard of living. Each agreement, we will go forward with the cally important. It has broad support, dollar of cost that is outsourced cre- procedural vote in hopes of bringing ates $1.46 of value globally. Of that this bill to a conclusion. If we do in- yet every Senate Democrat except Sen- ator MILLER from Georgia voted to sus- $1.46, the United States captures $1.13 voke cloture, Senators will still be able and the receiving country captures the to bring forward their amendments, tain the Democrat-led filibuster. Since that time we tried to work out 33 cents. and I believe we could finish the bill These numbers suggest, by the way I this week. some sort of agreement so we could consider this bill and have debate on have described it, that efforts to re- If cloture is not invoked, it will be strict outsourcing will backfire by pro- clear that this legislation will be grid- germane amendments, but every time we attempt to do so we are met with an voking a retaliation which is detri- locked by these unrelated matters and mental to our economy and our trading therefore will be difficult to finish. increasing list of irrelevant, mainly po- litical message amendments that the partners. We also continue to seek ways to fin- Federal Reserve Chairman Alan other side insists be a part of this bill. ish and complete the JOBS bill, the Greenspan captured the gist in these Last week a filibuster was open on the FSC/ETI bill from last week. That bill words on this issue: These alleged cures has been held up as Members insist on floor. This week, in a less obvious way, would make matters worse, rather offering amendments that have little it continued by foot dragging. than better. They would do little to What does a filibuster mean? What to do with the underlying legislation. create jobs. And if foreigners were to Additional procedural votes will are the practical implications of this retaliate, we would surely lose jobs. occur in relation to that bill as we try filibuster? It means leaving in place a Where would the jobs be lost? Every- to find a way to get the FSC bill done. Euro tax the European Union began where. The Census Bureau says in the ORDER OF PROCEDURE imposing on March 1 last month year 2000, 6.4 million Americans were Mr. President, in order to facilitate against the U.S. manufacturers. The employed in jobs that were insourced the use of our time this morning, I ask Europeans have been authorized by the by foreign companies operating in the unanimous consent that during the pe- WTO to impose $4 billion in sanctions United States. Mr. President, 223,000 of riod for morning business the Repub- that began March 1—30 days ago. The the jobs were in Massachusetts; 246,000 lican-controlled time be divided in the tariff started at 5 percent of the $4 bil- were in Michigan. Washington State following manner: Senator CORNYN, 5 lion authorized and will increase 1 per- had 104,000. Pennsylvania had 281,000. minutes; Senator ENSIGN, 5 minutes; cent on the first of every month there- My home State of had al- Senator THOMAS, 5 minutes; Senator after. most 149,000 insourced jobs, but that is SMITH, 10 minutes; Senator COCHRAN, 5 Thus, in supporting this filibuster, less than half of the 307,000 jobs in minutes. whether it is the active filibuster last Florida and well behind the 259,000 in The ACTING PRESIDENT pro tem- week or the more passive filibuster of pore. Without objection, it is so or- Ohio. this week, the Democrats are sup- When we talk about outsourcing, we dered. porting the sanctions. Again, today Mr. FRIST. Mr. President, I have a need to remember there is another side being April 1st, it will kick up another of the equation, a side representing 6.4 few comments to make in terms of an 1 percent, another $40 million increase, opening statement. I will be happy to million jobs. We cannot lose sight of in those sanctions because of the delay. that. turn to the Democratic leader. If the other side of the aisle is not in The ACTING PRESIDENT pro tem- While we all agree the loss of any job favor of this JOBS bill, then what do pore. The minority leader. to outsourcing is regrettable, we need Mr. DASCHLE. Mr. President, I also they support? Let me look at some of to focus on the training, retraining, have a statement I will make, but as I the legislation that has been intro- and education. If we look at the solu- understand it, the first hour will be di- duced and statements made in the Sen- tions offered by our colleagues on the vided equally between the Republicans ate. As of late, a lot has been made other side of the aisle, we find them to and Democrats. Is it my understanding about outsourcing—a lot of conversa- be surprising and startling. the second one will also be divided tion, a lot of proposed amendments— Senator KERRY has introduced S. equally in time? regarding the whole issue of offshoring. 1873, requiring operators at call centers Mr. FRIST. Debate for reauthoriza- Time and again, the Senate Democrats to disclose their physical location. tion. have introduced amendments, bills, Senator KERRY described this bill as Mr. DASCHLE. That is debate on the and statements expressing grave con- being necessary to ‘‘address the grow- cloture vote itself? cern over this issue. ing problem of United States corpora- Mr. FRIST. On cloture. The conversation has, unfortunately, tions moving hundreds of thousands of Mr. DASCHLE. I say I will make fur- been quite one-sided. When we look at service sector jobs abroad.’’ ther comments after the distinguished the numbers—and increasingly people I have to admit Senator KERRY’s majority leader has made his. are looking at the numbers—we learn premise strikes me as a bit unusual. It

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3521 seems there should be some sort of as- ation and destruction that goes on in them than on a bill that relates to sumption that if Americans discovered the U.S. labor market. We need to ad- international commerce. a foreigner was on the other end of dress dislocation. We can do that with It isn’t our unwillingness to have a that telephone, they would either hang aggressive education and training. good debate; it is our unwillingness to up the telephone or otherwise lodge But it is precisely because each job be locked out of the process. Whether some sort of protest upon hearing that loss is painful that we need to focus on it is in conference or whether it is on foreigner was in another country. The ways to stimulate employment gen- the floor, we have been prevented clo- only way this bill would save jobs is if erally rather than focusing on legisla- sure on each of these bills. I am hopeful we assume Americans are so violently tion to address a tiny percent of the that over the course of the next 2 days xenophobic we do not and would not population. we can reach some accommodation. tolerate even this modest level of In closing, we need to keep our focus I have indicated that I thought we international agreement. on proposals that look to the future to could finish the welfare bill by the end Senator KERRY’s legislation is indic- help companies create and keep new of next week. We will work to see that ative of the choice we face as a coun- jobs. We cannot be focused on the past happens. But unfortunately, we are not try. We can choose the path of freedom, but really the present. We need to be at a point where any kind of procedural agreement has been reached to allow where every individual and every com- looking ahead all the time. that to happen, either. I will continue pany can do as he or she sees fit and As Federal Reserve Board Chairman to talk with the distinguished majority trust that people are going to work Alan Greenspan stated earlier this leader about ways in which to accom- hard on their own behalf, and in doing month: modate our concerns and his very un- so promote the common good or we can Time and again through our history, we derstandable concerns about com- choose a path of more Government, have discovered that attempting merely to pleting the work. more Government mandates with less preserve the comfortable features of the freedom, with less prosperity, and present, rather than reaching for new levels f fewer jobs, one in which every time you of prosperity, is a sure path to stagnation. TRANSPORTATION call a company to see if they have an We only need to look across the At- Mr. DASCHLE. Mr. President, the item in stock, the Federal Government lantic to see the results of those poli- House was scheduled to take up its will force you and the company to cies of stagnation. Instead, Repub- version of the transportation bill yes- identify the exact longitude and lati- licans will keep working for policies of terday. tude of the operator who is on the growth and for innovation to help At the eleventh hour—or rather at 7 other end of that telephone call. America compete and win in the 21st a.m. this morning—the Rules Com- The reality is we compete today in a century. mittee met and appears to have finally global economy. We cannot close our I yield the floor. found a way to bring the bill to the borders to the world. Some think we f House floor and allow for debate, al- can retreat into economic isola- RECOGNITION OF THE MINORITY though they will not allow a clear vote tionism, but we simply cannot. Times LEADER on a key amendment that would raise are different. We shouldn’t. That, in the level of investment in the bill. many ways, given our world economy, The ACTING PRESIDENT pro tem- Let me just say, this is astounding. would be a declaration of defeat. pore. The minority leader is recog- We have already gone 184 days with We are the most innovative society nized. one temporary extension after another. in the world today. Our workers lead f These unnecessary delays have cost our Nation roughly 100,000 jobs. all others in the world in productivity. SENATE SCHEDULE If we are allowed to compete on a fair State and local governments could playing field, United States manufac- Mr. DASCHLE. Mr. President, I ap- not begin the contracting process, and turers can and indeed will lead the preciate very much the desire of the employers couldn’t plan ahead. As a re- world. majority leader and our friends on the sult, there are 100,000 fewer Americans We had a chance last week to help other side of the aisle in addressing working today than there should be. U.S. manufacturers by repealing the many of these issues. He mentioned the Unless we agree on a transportation Euro tax on our U.S. manufacturers. JOBS bill, welfare reform reauthoriza- bill before the end of April, when the Unfortunately, we were met by ob- tion, and the importance of reaching current extension expires, tens of thou- struction on the other side. While I was some agreement on energy. I have indi- sands more jobs will be lost. disappointed at this outcome, recent cated on several occasions that we are Let us put this delay in perspective. history indicates that should not have more than prepared to work through First, let us all remember who con- been much of a surprise. If there has each one of these bills. We simply want trols not only the House and Senate been one thing consistent over the last to be heard on amendments about but the executive branch of our govern- ment—one party controls all three. several months, it has been the Demo- which we care a great deal. The President has claimed he was crats’ steadfast refusal toward legisla- I will not ask consent to do it this going to change the way government tion that would help reduce the cost of morning, but I would entertain a unan- imous consent agreement to go to the works. Well, he has everything he manufacturing in the United States. needs—control of the U.S. House of Every time we attempt to move legis- energy bill today and work through the amendments. I think there would be a Representatives and the U.S. Senate. lation forward that addresses the con- And how has he done on changing the good debate. Ultimately, there could be cerns of manufacturing, we have been way government works? In the in- a conclusive debate about the energy met by obstruction. With class action, stance of our Nation’s transportation bill. with energy, with medical liability, to infrastructure, he has steered us to- We will see what happens in our work Workforce Investment Act, we have ward a real-life work stoppage. been blocked. It is either by filibuster with the House, which we have had to It was 184 days ago that the law that or by objections going to conference. do now on several occasions. The same governs our Nation’s transportation in- Next month we are going to be ad- is true with the FSC/ETI bill. We would frastructure and all of the programs dressing issues that I hope will bring be prepared to go to the floor with a that deal with transportation expired. some fairness and justice to certain number of amendments. We have been operating on tem- challenges that we have today. People on the other side of the aisle, porary extensions to the law for 184 I have pointed out that we would like for whatever reason, have refused to days. to address the issue of asbestos litiga- allow us an opportunity to have an up- Is the delay because Democrats have tion reform. I look forward to hope- or-down vote on protecting worker’s blocked a bill or used parliamentary fully being able to address that in a bi- overtime, on minimum wage, and on tactics? No. partisan way. unemployment compensation. In fact, it wasn’t until November The loss of a few hundred thousand There are other outsourcing amend- that a bill was even reported by a Sen- jobs per year to offshoring is a small ments that we think ought to be de- ate committee and not until February part of the constant pace of job cre- bated. What better place to debate when we passed the bill in the Senate.

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3522 CONGRESSIONAL RECORD — SENATE April 1, 2004 That was a good bill and Chairman I will not be a part of another exten- and in my State of South Dakota, 6,500 INHOFE and Ranking Member JEFFORDS sion that encourages further inaction versus 1,500. and others—including Senators FRIST, and shortchanges our transportation In all, the House bill falls 500,000 jobs BOND and REID—deserve high praise for infrastructure and denies Americans short of the Senate bill. We have all finally getting the bill finished. the jobs that they so desperately need heard from the administration, and all That bill garnered 76 bipartisan and deserve. we have heard they oppose both the votes. One-hundred and eighty-four days so Senate and House versions of the bill. The delay that occurred in the House far. We will keep counting. For the Bush administration, it ap- was certainly not due to Democrats. But let us all know what is going on pears it is their way or—if you might A bill that was introduced and ap- here. The delays are due to the Presi- pardon the pun—the highway, or, in peared to have a majority of support dent’s opposition to approving a this case, no highway funding. was scrapped by the Republican leader- thoughtful transportation bill. We cannot afford to let our transpor- ship at the behest of President Bush This, despite the majority in Con- tation investments fall victim to this and slashed by $100 billion. gress who want to address this funda- kind of rigid partisanship. Every day And the new reduced bill wasn’t mental issue. we fail to make investments in our passed by the House committee until Why is the majority so strong for a transportation infrastructure, every last week. transportation bill and the administra- hour Americans lose in traffic, every One-hundred and eighty-four days be- tion so out of step? delay in the shipment of goods, carries hind schedule as we continue to inch There are many reasons, but to make a cost to the American economy and toward actually shutting down the De- it simple, the Bush administration is slows job growth. partment of Transportation. focused like a laser beam on tax cuts There is a broad coalition of groups I have hopes that we will get a bill for the most affluent—the privileged and industries—including the Chamber approved by the House this week so we few—and they do not have time or of Commerce, the Association of Gen- can begin to pre-conference the two want to bother with investments in our eral Contractors, the American Public bills and get a bill to the President be- Nation’s infrastructure. Transportation Association, and the fore the most recent short-term exten- The transportation investment pro- International Union of Operating Engi- sion expires at the end of April. posal that the Bush administration put neers—who are united in their support But as recently as this morning, it is forward was dead on arrival in the Con- of the Senate level of $318 billion. still unclear if the House will complete gress because it wouldn’t even keep up They recently delivered a letter that their work before they leave town for 2 with inflation. was unequivocal. They wrote: weeks. At a time when 9 million Americans One-hundred and eighty-four days are out of work and job creation is vir- As business and labor organizations, we cannot support any legislation below the without passing a transportation bill. tually nonexistent, any more delays Senate investment level for a six-year bill. Simply amazing on a bill that is crit- are unconscionable. And if it were not ical to our Nation. for the President, we could avoid that. Time is running short, but, as I said, Why the delay? One reason. The op- In many States, such as my home we can still deliver real relief to the position of President Bush himself. State of South Dakota, the construc- American economy. If the House passes A veto has threatened the Senate tion season is short—sometimes only 6 a bill this week, and staff and Members bill—a bill that, as I said, was approved months. would start working immediately, with Republicans and Democrats alike. If contracts are not entered into in there is absolutely no reason we should The President opposed the original April, it will be nearly impossible to not be able to complete this bill in House bill, and now, to the dismay of plan and get the work completed before April. We can avoid letting the Presi- almost the entire transportation com- the construction season comes to an dent and the Republican House leader- munity—including many groups such end early next fall. ship singlehandedly shut down the De- as the Chamber of Commerce who have Another year could be lost. partment of Transportation. long supported the President—the ad- It is time for Congress and the ad- It has been 184 days since the Repub- ministration is even threatening a veto ministration to get together and ap- lican Congress and President Bush by President Bush of the scaled back prove a bill that brings new invest- began failing our Nation’s transpor- $275 billion bill that the House is set to ments to our decaying transportation tation system and all who rely upon it. consider. infrastructure and new jobs to the I know we can do better than this, put It appears the President would rather American economy. aside partisan politics, and begin to not have a transportation bill that The Senate’s transportation bill focus on the important work that is be- would create 1.7 million jobs—this in would create 1.7 million jobs this com- fore us all. I hope that can be done in light of the 3 million private sector ing year. It would bring welcome relief the next day. jobs already lost under this adminis- from the longest jobs slump our Nation Mr. REID. Will the Senator yield for tration’s watch. has endured since the Depression. So in a question? Let us be clear. It has been 184 days addition to repairing America’s trans- Mr. DASCHLE. I am happy to yield. since those who control the House and portation infrastructure, this legisla- Mr. REID. Is the distinguished Demo- Senate and the Presidency have not tion will reinvigorate the economy. cratic leader aware that the work done been able to move a transportation bill In States such as Texas, California, in the Senate bill—$318 billion for tran- onto the President’s desk—and it has and Florida, the Senate bill increases sit and highways—was done on a bipar- not been as a result of Democrats in transportation investment by roughly tisan basis? I have been chairman of any way. 40 percent—four times the increase pro- that full committee on two occasions. I There are some serious politics being posed by the House, the House level the understand it. I understand the com- played here with peoples lives, and I, President opposes. mittee very well. But there was co- for one, don’t want to be a part of it. We are not just talking about num- operation such as I have never seen. This inaction has made it nearly im- bers on a budget spreadsheet; the addi- With Senator INHOFE, Senator BOND, possible for us to even think about ap- tional investment in the Senate bill Senator JEFFORDS, and me being rank- proving another short-term extension— translates into hundreds of thousands ing member on the subcommittee now, because that may be the only thing of jobs for Americans. there was no partisanship. that places pressure on Congress to ap- In Florida, for example, the Senate Is the Senator—I am sure—also prove the longer-term bill. bill would create 44,000 jobs, while the aware this bill does not increase taxes It has been 184 days and there is still House bill would create 13,000. In at all, it is paid for with existing dol- a month to go before the Republicans Texas, the Senate bill would create lars, plus trust fund moneys? So any- let the law lapse and shut down the De- 80,000 jobs; the House bill 13,000. In Mis- one who thinks this is breaking the partment. souri, 22,000 versus 6,000; Illinois, 45,000, bank simply is mistaken. This is no There is still time before the exten- versus 10,000; California, 90,000 versus new taxes, totally funded, no deficit sion runs out to move a good bill. But, 25,000; Tennessee, 20,000 versus 6,000; spending. Is the Senator aware of that?

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3523 Mr. DASCHLE. Mr. President, I an- I say for the second time this morn- When it comes to the Medicare pre- swer the distinguished assistant Demo- ing, we know the majority can keep us scription drug benefit, the administra- cratic leader by saying that is exactly from being recognized. It would set a tion knew there was an estimate by the the case. We had an extraordinarily ef- very bad tone. I do not think it would man responsible for calculating how fective demonstration of bipartisanship be appropriate or fair, and we would do much Medicare will cost that was in taking up the highway bill. I worked whatever we could to protect our right, much higher than what had been dis- closely with Senator FRIST. I say to and everyone should understand that. cussed in the debate over the bill. Here the Senator, you worked closely with Mr. President, I yield, on the time we in this Chamber we were told the bill Senator INHOFE. We got the job done on have remaining, 20 minutes to the Sen- would cost $400 billion. That is a lot of time and, as you say, on budget. ator from . money. It was a lot of money for what, This does not represent 1 dollar of ad- The PRESIDING OFFICER (Mr. TAL- frankly, our seniors are going to get, ditional deficit spending. It is a com- ENT). The Senator from New York is which is going to be a lot of confusion mitment to jobs. It is a commitment to recognized for 20 minutes. because so much of the money is going infrastructure. It is a commitment to Mrs. CLINTON. Mr. President, I to drug companies and insurance com- our fiscal soundness that I think is one thank my leader from Nevada. panies. But, lo and behold, we wake up of the best moments we have experi- f and find out that it was not a $400 bil- enced in this Congress to date. It dem- APRIL FOOLS’ ON US lion bill; it was a $534 billion bill. And onstrated again Democrats and Repub- the actuary, the civil servant at Medi- licans can truly work together. Mrs. CLINTON. Mr. President, many care—he is not political; he works year I only hope we could do the same in years ago when I was a schoolgirl, on in and year out for whoever is in of- the House, and we will certainly do the this day someone might come up to me fice—was ordered not to tell same as we try to resolve whatever dif- in the hallway and say: Hillary, your to the American Congress or the people ferences there will be with the House, skirt is ripped. I would turn around in about the cost of the Medicare pre- including the amount committed to in- panic, and they would say: April scription drug benefit or he would be frastructure in the coming days. Fools’. Or maybe somebody would stop fired. I thank the Senator for his excellent me after class and say: Hillary, I heard So we passed the bill. I didn’t vote question. Janie is really mad at you, and I don’t for it but a majority did. We passed it. I yield the floor. know what you did to her, but you’d The President signed it. Guess what. better talk to her. I would feel terrible. f April Fools’: It is not going to cost $400 Before I could do anything about it, billion, it is going to cost $534 billion. RESERVATION OF LEADER TIME someone would say: April Fools’. Then, of course, we have No Child The ACTING PRESIDENT pro tem- Well, today is April 1, and there is a Left Behind, which many of us so pore. Under the previous order, the long tradition of people playing jokes hoped would make a difference in the leader time is served. on each other, pulling stunts, and then education of our children. But we con- f causing someone to be upset or worried ditioned our support for this education or anxious or maybe even happy that reform on the promise by the President MORNING BUSINESS they have been told something is going that it would be fully funded, that the The ACTING PRESIDENT pro tem- to happen, only to have the rug pulled money our teachers and principals and pore. Under the previous order, there out from under them when someone superintendents and school boards, but will be a period for the transaction of says, either jokingly or sometimes a particularly our children, would need morning business for up to 60 minutes, little cruelly: April Fools’. would be there. with the first 30 minutes under the Thankfully, that day only came once Well, no longer is that promise even control of the Democratic leader or his a year, so you only had to endure your credible. The President signed the bill designee, and the final 30 minutes friends or maybe your not-so-friendly and then presented a budget which under the control of the majority lead- classmates’ jokes and stunts for 24 didn’t provide the money required to er or his designee. hours. But I sometimes feel that it is fully implement No Child Left Behind. The Senator from Nevada. April Fools’ Day every single day here Once again, April Fools’ on us. f on Capitol Hill, on the other end of Americans have been fooled time and Pennsylvania Avenue in the White time again by this administration, DEBATE IN THE SENATE House, because on issue after issue of fooled by promises and fooled by pre- Mr. REID. Mr. President, I will yield profound importance to the American dictions. Indeed, for 31⁄2 years, this ad- very quickly. I want to say this. I un- people, our Government is basically ministration has said one thing and derstand the procedures here in the saying: April Fools’. done something else. The list is far Senate. I certainly understand the ma- Do you remember when they intro- longer than what I have even men- jority has the right of first recognition. duced their budget in 2001 and said: ‘‘If tioned. This was an administration If the majority decides they do not you drastically cut taxes on the that said: We are going to do some- want us to participate in debate, it is wealthiest of Americans, why, my thing about global climate change and difficult for us to be part of the debate. goodness, revenues will increase in the carbon dioxide in the atmosphere that But I want the RECORD to be spread budget. You don’t have to worry about is warming our climate. We just re- with the fact today we have heard—and all the expenses that we have keeping ceived a report from the Pentagon I hope it is wrong—when we complete this great country going because this talking about what that means to our action today on the underlying bill, will work’’? Well, 3 years later, we are national security. So the President that is, the welfare bill, the majority is facing a $500 billion deficit. Guess gave speeches when he was running for going to go to the floor and prevent us what. April Fools’ on us. office saying we are going to deal with from being part of the debate; they are Do you remember when they said: that. Lo and behold, he gets into office, going to talk about what Democrats ‘‘Our policies are going to generate and forget it. April Fools’: climate are doing is wrong and what they are jobs’’? Well, we saw during the 1990s 22 change, no such thing is going forward doing is right, and not allow us to have million new jobs created in America. under this President. recognition. Now I say, as the Chair is What a difference that made in so We have just seen some recent exam- aware, that we heard once before, not many people’s lives. What have been ples with respect to rising gas prices. long ago, the majority was going to do the results of this administration’s That is a big concern. It is a concern in this, and you will recall at that time I economic policies? The loss of nearly 3 my State and around the country. We got the floor and kept the floor for a million jobs. are seeing OPEC cutting production long time. That did not set a good So for all those Americans who be- which will cause even higher prices for tone, that the majority was, in effect, lieved this administration’s policies gasoline. When the President was run- trying to force us out of the debate. would work to create jobs and eco- ning for office, he said: Why doesn’t The Senate is a debating body, and we nomic opportunity, guess what. April anyone do anything to get these gas should be part of that. Fools’ on you. prices down? When I am elected, I will

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3524 CONGRESSIONAL RECORD — SENATE April 1, 2004 make sure OPEC doesn’t raise gas Fools’ Day today, but that is no way to Is it not true that, given the chance prices on us. run a government. It is no way to run on the floor, with the prescription drug Well, OPEC did it. They cut produc- a great country. bill, where the Bush administration tion. All the President said was how Mr. DURBIN. Will the Senator yield could have stepped forward and spoken disappointed he was. That doesn’t for a question? for these families and businesses and sound like much of a strong case being Mrs. CLINTON. Certainly. said to pharmaceutical companies that made on behalf of the American people. Mr. DURBIN. I would like to ask the you have to, as Canada has done, re- Again, what should we expect? It is the Senator from New York, through the strain drug price increases, is it not same story from this administration. Chair, is there not also an important true that on this issue relating directly Say one thing, do something dif- issue that affects families and busi- to the competitiveness of American ferently; fool the people, not just one nesses across the United States with products, the welfare of American fam- day a year but every single day. the increase in gasoline prices? If I re- ilies, and the future of businesses and It is as if words don’t matter any- call correctly, Governor Bush, when he jobs, that this administration has once more with the administration—and, re- was a candidate for President, said, in again caved in to the special interest grettably, with the Republican leader- Manchester, NH, he thought in that groups—the drug companies and HMOs ship in Congress. There are a lot of se- circumstance, the President should use in this case—at the expense of the rious issues facing the people I rep- the power of his office to force the American economy? resent. We are losing jobs. A lot of peo- OPEC nations to try to expand their Mrs. CLINTON. Once again, the Sen- ple are losing their health care bene- exports of oil so gasoline prices did not ator from Illinois is absolutely correct. fits. The cost of education to send a go up in America. Isn’t it true at this As he well remembers, the debate on child to college is going up. We have a point that this administration not only the floor concerning prescription drugs lot of challenges we should be working has failed to do what the President benefited many opportunities to try to together to meet. promised as a candidate he would do, rein in the cost of prescription drugs, On this side of the aisle we have tried but, in fact, OPEC has announced it is to try to give permission to Medicare to raise the minimum wage. Why have going to reduce their exports to the to negotiate, as any big institutional we done that? Because it has not been United States and force greater in- buyer would have the right to do, and raised for about 8 years. There are a lot creases in gasoline prices which will also to import the drugs that are American-made, American-approved, of decent, hard-working people who are hurt the American economy and Amer- back from Canada so we could get the falling further and further behind be- ican families? lower prices. cause their costs are going up, but Mrs. CLINTON. The Senator from Il- linois is absolutely right. Not only did Again, this administration and the their incomes sure are not. Republican majority steadfastly stood We also want to do something about the President, when he was running for office, say that he would jawbone and against the American public, against overtime because what this adminis- our seniors, and stood for the pharma- tration has done is to say: We want to fight back hard against OPEC if they tried to limit supply or raise prices, he ceutical industry. As a result, the cost change the rules which would take is going to be much greater, and much away overtime compensation from even said he would use his connections in the oil industry to make sure that of that increased cost is not going to about 8 million Americans. Can you got done. We all know about his con- help our seniors and lower drug costs imagine what a horrible experience nections and the Vice President’s con- so we can perhaps have even more pre- that would be for somebody working a nections. There has never been an ad- scription drugs available for our peo- shift as a police officer or a firefighter ministration in our history that is so ple. Instead, it will go right into the or a nurse to be told: Well, your Gov- closely connected to big oil and big gas pockets of the pharmaceutical compa- ernment, your President doesn’t want and big coal and everything else. nies and insurance companies. you to be paid for the hours you have So what happens? OPEC meets. Mr. DURBIN. Is it not also the case to work extra. April Fools’ on you. You Whatever they tried to do behind the that this administration took taxpayer are going to work but not get paid for scenes sure didn’t work because they dollars to buy advertising on television it. voted to cut production 4 percent. for their prescription drug program We don’t like that. Is that obstruc- When that was announced, what did and, frankly, misrepresented what the tionist, that we Democrats think it is the President do? He said he was dis- program meant in terms of savings for not fair that people should have to appointed. seniors? It is bad enough that the bill work and not be paid for it? I don’t There has also never been a President itself didn’t keep the cost of prescrip- think so. I think that is in the tradi- or anyone in any administration who is tion drugs under control. The adminis- tion of American fair play. But we closer or whose family is closer to tration took taxpayer dollars and used can’t get a vote on it here because the many of the big oil-producing countries them to basically put a message out Republicans know that if they had to such as . They have con- that at least wasn’t complete, and per- have a vote on it, it would actually nections and relationships and friend- haps was distorted, misleading many pass. That would really embarrass the ships going back decades. One would seniors into believing that this pre- President and his administration. So think that if any President could force scription drug bill is going to be of they don’t want us to vote on it. OPEC not to take this damaging action some benefit? Unemployment benefits, it is the against the American consumer, it Mrs. CLINTON. Well, the Senator same thing. A lot of people are not would be this President. from Illinois has raised another impor- only out of work, but they can’t find But I see no signs of that. I see no tant issue because the administration work because there are so few jobs real effort in that. Once again, it is say is using taxpayer dollars to convey a being created in this economy. The ad- one thing, do something else. April misleading impression of the Medicare ministration doesn’t want to help these Fools’ on the American people. prescription drug benefit, and to do so people. They don’t want to give them Mr. DURBIN. If the Senator will fur- as a way of boosting the President’s re- that extra unemployment benefit that ther yield. I also believe, in Illinois, as election opportunity. So taxpayer dol- can tide them over until maybe we can I travel around and speak to families lars, instead of his campaign dollars, start seeing some jobs created that will and businesses, there is one consuming are being used to try to persuade the put people back to work. So our friends issue, and that is the cost of health American people against the evidence on the other side of the aisle don’t care, the cost of health insurance. that this massive bill, with so many want to vote on that because the ad- Small businesses see these dramatic in- benefits for the pharmaceutical indus- ministration would be embarrassed, be- creases in health insurance premiums, try and insurance companies, is good cause they know if Republicans had to and with these increases they are faced for them. It is regrettable. As the Sen- vote on it, they would actually vote for with the terrible prospect of either re- ator knows, many of us tried to pre- it. So they don’t want that to happen. ducing or eliminating coverage for vent that from happening and say let’s Time and time again, we have seen their employees; that has, unfortu- do this right, in a bipartisan, unified the President and the majority say one nately, led to more and more uninsured manner, where we really provide a pre- thing and do something else. It is April Americans. scription drug benefit for our seniors.

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3525 As the Senator also is aware, in the and death. So let’s hope that when this Also, the EU currency has been very last several weeks, the President’s day ends, maybe we can have some strong against the U.S. dollar. This campaign has been accusing one of our good news from this administration in means it has been comparatively easier colleagues, the Democratic nominee the form of admissions and some cor- for our trading partners in Europe to for President, of flip-flopping, saying rections that will put us back on the buy our products, but the import tariff one thing one day and saying some- path of unity, that will create the tone erodes that advantage and makes it thing else at a later date. It is the pot the President promised that would be a easier for competitors—other coun- calling the kettle black at the very positive tone in Washington, where we tries—to take away our markets in the least because it is this administration could deal with the real problems fac- European area. which, on every important issue to the ing Americans. It is my hope that the Senate will American people, has either changed I am not optimistic, but I am hopeful complete action on the JOBS bill with- position or has persisted in providing a that we could see that happen because out any further delay so we can send misleading and inaccurate argument these are matters of profound impor- that bill to the President, which he is on behalf of a position they have tance. It is imperative that we as a Na- prepared to sign immediately, so we taken. tion have faith in our leaders in these can avert the lost sales, regain lost The long and distinguished career in dangerous and difficult times. jobs in the agricultural sector, and re- public and military service of the Sen- I yield the floor. store hope in America’s farms and fac- ator from Massachusetts, Senator The PRESIDING OFFICER. The Sen- tories. ator from Nevada has approximately 8 KERRY, is one that needs no defense The PRESIDING OFFICER. The Sen- from me or anyone else. It stands on minutes left. Who seeks recognition? ator from Nevada is recognized. The Senator from Mississippi is rec- its own merits. It is regrettable that an ognized. f administration, increasingly known for ORDER OF PROCEDURE its two-sided approach and its talking f out of both sides of its mouth at the JUMPSTART OUR BUSINESS Mr. REID. Mr. President, we appre- same time, saying one thing and doing STRENGTH BILL ciate Senator COCHRAN speaking when something else, would be accusing any- Mr. COCHRAN. Mr. President, one of he did. We have 8 minutes remaining. I one of engaging in that kind of behav- the serious problems facing the Senate ask unanimous consent that the time ior. is the passage of the Jumpstart Our be reserved. We had someone who was Mr. President, it is April Fools’ Day Business Strength, or JOBS, bill. The going to speak but has not shown up. once a year. Thankfully, that is only Senate needs to pass this bill now. The PRESIDING OFFICER. Without once a year in most of our lives. Here Since the World Trade Organization objection, it is so ordered. in Washington, it is every single day, has ruled against the United States Who seeks recognition? The Senator 365 days a year. The administration has over our foreign sales corporation and from Texas is recognized for 5 minutes engaged in April Fools’ tricks on the extraterritorial income tax rules, we under the previous order. people of this country repeatedly. But I have had ample time to address this f think people are waking up and start- issue. The Senate Finance Committee DEMOCRATIC LEADERSHIP’S ing to say: reported legislation which would bring OBSTRUCTION Wait a minute, where is that big sur- the United States into compliance with plus you promised if we did everything our trade obligations on October 1, Mr. CORNYN. Mr. President, today is you said? 2003. day 7 of the Democratic leadership’s How come my taxes are going up as a Today, the European Union’s 5-per- unprecedented obstruction of President middle income American while taxes cent tariff will increase to 6 percent, Bush’s nominees for various executive on the richest are going down? and every month it will increase an- positions and judicial nominations. In How come this is the first President other percent. This will make Amer- fact, I have in my hand the Executive in our Nation’s history that has led us ican agricultural and manufactured Calendar which reflects 46 of the Presi- to war and cut taxes at the same time? products increasingly less competitive dent’s nominees who stand ready to be How come the White House didn’t in international markets. confirmed by the Senate so they can tell us the truth about the cost of the Exports of U.S. agricultural products get to work on behalf of the American Medicare prescription drug? will approach $60 billion this year. If people. But unfortunately, as appears How come the administration didn’t we allow the EU to continue with these to be a growing trend and one where fund No Child Left Behind the way it tariffs, we will continue to lose market our Democratic colleagues continue to had been promised? share and export opportunities. When dig in their heels, the answer to every How come we are having a transpor- our farm exports are pressured, the entreaty we might offer, every sugges- tation bill that the President threat- truckers, rail lines, and shippers feel tion we have in terms of creating jobs, ened to veto when it is the only jobs the ill effects. in terms of putting people on the bench bill on the horizon that can put people The EU retaliation list includes to decide cases that go unheard be- to work and repair the infrastructure about 400 agricultural, food, and forest cause judges are not being confirmed to and modernize our transportation sys- product tariff lines of imports from the these posts, we continue to get a con- tem in a way that will make us richer United States. sistent response on behalf of our Demo- and stronger in the future? These are very serious threats to our cratic colleagues of ‘‘no.’’ Well, the April Fools’ Day jokes are American agricultural economy, and The answer they give to jobs and coming to an end. Fool me once, shame this is why. The values of our annual manufacturing, medical liability re- on you; fool me twice, shame on me. exports to the EU are live animals, form, a national energy policy, work- The American people are starting to $23.7 million; meat and meat products, force investment, judges, small busi- ask the hard questions. They are not $44.4 million; vegetables, $35.6 million; ness, class action reform, and faith- just questions coming from Democrats, oil seeds, $64.6 million; rawhides and based and charities legislation is ‘‘no.’’ but from independents and Repub- skins, $41.3 million; wood products, $140 Particularly on the judicial nomi- licans, and coming from longtime Gov- million; sugar and confectionery prod- nees, I point out, once again, that this ernment employees who don’t have any ucts, $21.2 million. The annual total of obstructionism is unprecedented in the partisan affiliation, like Richard all these and other agricultural prod- history of the Senate. Where we have a Clarke, asking hard questions that de- ucts amounts to more than $691 million bipartisan majority in the Senate who serve honest answers. a year. stand ready to confirm highly qualified At the end of the day, what really Let me also remind everyone that nominees, such as Justice Priscilla matters is that the American people much of the food industry operates on Owen of the Texas Supreme Court of have trust in their Government and be- very small profit margins. So the ini- my home State, people such as Janice lieve their President when he talks to tial tariff increase of 5 percent, plus Rogers Brown who serves on the Cali- them about matters of life and death. the additional 1 percent per month, can fornia Supreme Court, or people such That is what we are talking about—life have a serious effect. as Miguel Estrada who, after waiting

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3526 CONGRESSIONAL RECORD — SENATE April 1, 2004 for so long to have his confirmation I yield the floor. dous medical facilities there. They are heard on the Senate floor, finally had The PRESIDING OFFICER. The time having problems getting doctors to go to give up and go about his daily life of the Senator from Texas has expired. into some of the fields we want our because of this unprecedented obstruc- Who seeks recognition? best and our brightest to go into— tion. The Senator from Nevada is recog- those fields that require the most tech- The worst part of this is that it has nized for 5 minutes under the previous nically brilliant people—because of the not only been about blocking President order. fear that when they get out of medical Bush’s highly qualified judicial nomi- f school they will not be able to afford to nees and other people who he has pro- MEDICAL LIABILITY REFORM practice because the medical liability posed for various boards and commis- premiums are too high. sions serving the American people, Mr. ENSIGN. Mr. President, the Why are the medical liability pre- this, unfortunately, has also involved a theme we are talking about this morn- miums too high? Well, it is pretty sim- character assassination as well. Judi- ing is obstructionism. We have heard ple. It is because we have an overly-li- cial nominees have been called names about judges. Later on we are going to tigious society where unscrupulous by Senators on the other side of the hear about the Democrats obstructing trial lawyers basically say bring your aisle that are really unbecoming of the legislation that would create jobs in Rolodex and we will find out who we dignity of this body, names such as the United States. It is called the FSC/ ETI bill. It really is a jobs bill. This is can sue. More and more, this practice ‘‘kooks,’’ ‘‘Neanderthals,’’ ‘‘turkeys,’’ legislation that will actually bring has spread into the medical profession and other names that are just entirely hundreds of thousands, if not millions, where hard-working and honest profes- inappropriate to the civil discourse and of jobs back home to the United States. sionals are being subjected to frivolous debate that people have come to expect Democrats have been blocking, as far lawsuits. and deserve a right to hear from Mem- as jobs are concerned, asbestos reform, bers of the Senate. I am a veterinarian, and I know med- We can disagree about policy mat- bankruptcy reform, class action litiga- icine is not an exact science. Mistakes tion reform—all of those items make ters. We can have a different proposal are made. If there is medical mal- American companies less competitive for the American people about which practice, the patient deserves to get and make it tougher to have new job direction this country should go on a compensated, no questions asked, and growth in the United States. our civil justice system has the ability number of these issues. But surely— Outsourcing is a big issue. As we hear to do that. But because the courts are surely—the Senate should continue to more and more about this issue, we so filled up with frivolous lawsuits conduct its discussions in a civil way have to understand some of the reasons these days, and some of the jury and one that allows majorities to gov- surrounding it. Right now the other awards are so incredibly high, it moti- ern, not that allows obstinate minori- side of the aisle is blocking a lot of the ties led by the Democratic leadership legislation that would allow companies vates people to basically say let’s go to block vote after vote on matters to bring new jobs to this country to hit the lawsuit lottery because the sys- that are important to the people of the make our country more competitive. tem is broken. It is a situation where United States. What I want to talk about this morn- because of the backlog, the people who The problem we now hear is they are ing very briefly is the answer to what are really injured die before they ever objecting to proceeding on any nomi- has caused a severe access to care cri- get compensation. It can take 6, 7, 8, 9, nees because President Bush has used sis in many States, and that is the 10 years in the courts before their case the authority given to him under the issue of the medical liability reform. actually has a final resolution, and Constitution to make recess appoint- My home State, the State of Nevada, is that is unacceptable for those patients ments. They act as if this has never one of those 19 States that are truly in who are injured. That is one of the been heard of, that it is unprecedented crisis. In fact, only five States across major reasons we need to have medical in U.S. history. The fact is, there have the United States are showing no signs liability reform. Unfortunately, the been more than 300 recess appoint- of a crisis. Unfortunately, the rest of other side continues to obstruct our ef- ments made during the course of this the states are all headed in Nevada’s forts in this area. Nation’s history, including by Presi- direction, and it is only going to con- If opponents want to debate dif- dent Clinton, before President George tinue to get worse unless we fix the ferences, if they want to amend the W. Bush, and others. Indeed, this is a problem right here in Washington, DC. bill, fine, but they will not even let us constitutional response to unconstitu- This is a national problem and it re- go to a vote on a bill. In fact, they keep tional filibusters. quires an immediate national solution. obstructing us even moving to debate a Unfortunately, we know the nature One of the main reasons we need a bill. They are filibustering, just as they of this process is such that if the Dem- national solution is because the Fed- are doing on judges and many other ocrat obstructionists get away with eral Government now pays 60 percent— things. It is a shame because it is a cri- blocking President Bush’s nominees, 60, 6–0 percent—of all the medical bills sis. It is a crisis with OB/GYNs—argu- not from voting against them but by in the United States with regard to ably the most dire of circumstances preventing a vote on them at all, this Medicare, Medicaid, and the Veterans with regard to access to care—but it is is a tactic once determined to be suc- Administration. There is a huge also a crisis with trauma doctors, neu- cessful that will likely be employed by amount of money the Federal Govern- rosurgeons, and even with general sur- others when the shoe is on the other ment pays in taxpayer dollars that geons. foot. goes toward paying medical bills in When the next Democrat is President this country. Some of the best people who practice of the United States and Republicans For this and many other reasons this medicine in my State are either leav- are in the minority in the Senate, how is a national problem that requires a ing practice or now, unfortunately, not is it we are going to explain to our Re- national solution. We are losing doc- going into those high-risk specialties. publican colleagues that, no, you tors and other medical professionals at We need to enact reform to protect should not use this tactic which, up an alarming rate all over America. every American’s access to quality until now, has been out of bounds but They are not going into the specialty care, and to keep the best and the which has now been employed success- and high-risk fields, especially in the brightest practicing and entering into fully against the Democratic minority numbers that we need in this country. the medical profession. In order to so, against this President? There used to be a huge demand for this obstructionism by our opponents We ask for an up-or-down vote today many of these residencies. Now, some must stop, and it must stop right now. on President Bush’s judicial nominees, of our schools cannot even fill their I yield the floor. and we would ask that rather than an- residency programs. Unbelievably, swering ‘‘stop’’ to all of the Republican often times they are not even getting The PRESIDING OFFICER. The Sen- agenda on behalf of the American peo- any applications for these residencies. ator from Nevada has yielded the floor. ple, we could at least get an up-or- A few weeks ago I heard about the Who seeks recognition? down vote. problems in Utah. There are tremen- The Senator from Nevada.

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3527 ORDER OF PROCEDURE President, did was to seek to have an THE DREAD OF ELECTION YEAR Mr. REID. I ask that when we move energy policy. All we have heard are POLITICS to the welfare bill, TANF, that on our complaints and criticisms and still Mr. SMITH. Mr. President, as the side for 30 minutes 7 minutes be given there is obstruction to having an en- new year arrived, I looked to coming to our manager, Senator BAUCUS; 7 ergy policy, when it is so clear that back to Congress with, frankly, a sense minutes to Senator KENNEDY, the rank- that is precisely what we need to have. of dread because I knew we were enter- ing member of the full committee; 5 We have higher gas prices at the ing a political year, a year where the minutes to Senator REED from Rhode pumps, partly because OPEC has stakes are high, and the President Island; and 5 minutes to Senator BOXER backed off somewhat, but also because stands for reelection. I knew there from California. we have made it necessary for refiners would be an awful lot of my work and The PRESIDING OFFICER. Without to put into place about 18 different the work of all of us tied up in partisan objection, it is so ordered. combinations of fuel. There have been gamesmanship. The Senator from Wyoming. unexpected disruptions from Venezuela I will confess to my colleagues, I do f and elsewhere. We are having higher not much enjoy it. I look at my friend home heating bills because of the from Nevada, Senator REID, and I see a ENERGY POLICY stress on natural gas where the con- great human being. When I look at Mr. THOMAS. Mr. President, I rise to sumption is going up much faster than Senator FEINGOLD, I see another great speak about where we are, where we the production, and it is predicted to human being. I love the message of are going, and some of the difficulties do that in the future for some time. compassion of the Democratic Party. I we are finding in getting there. I was So we are still talking about these know where their hearts are. This is listening earlier as the Senator from issues. People are more aware of them not about good people or bad people. New York and the Senator from Illi- because of the blackout, because of the This is about competing ideas. nois were discussing some of the issues cost, and because of the difficulties. So But because I had that view—my fa- they consider to be problems with this we need to make some changes, but we ther was a Republican, and my mother, administration. need a policy. We are not talking about a Udall from Arizona—I understand They talked about the cost of energy. all that we can do instantly. We are good people can differ on these issues. One of the reasons we are having some saying we need a general policy, and Because of that sort of bipartisan ap- problems with the cost of energy is we that is what this policy is. It has to do proach to life I have always had, in my have not been able to get an Energy with alternative sources. It has to do former life as a businessman, as can- bill passed that gives us any direction with efficiency. It has to do with con- didates for public office would come to because it has been obstructed by the servation. It has to do with more re- our company and ask to meet with us other side of the aisle, and it continues search so that, for instance, there can and our employees, I welcomed Demo- to be. So that is not a surprise. be more clean coal burned. crats and Republicans alike equally. They talked a lot about the health Today, the Wall Street Journal said Unfortunately, what I often came care problems. One of the reasons we finally people are saying we are having away with was the feeling those on the have health care problems is the ob- trouble with natural gas because of the Democratic side loved my employees struction on the other side that will demand, but coal is the fuel that we but they hated employers. That is be- not allow us to move forward with mal- have with the most fossil reserves in cause they would demand we create practice insurance. this country, and we can do it in a jobs and then they would say the way The same thing, of course, is true clean way. Particularly, western coal you do that is you raise the minimum with Medicare. They were critical of is low in Btu and low in C02. wage, increase your regulations, and doing something with Medicare. I re- We need to be moving in that direc- raise your taxes. I came to understand mind my colleagues this is the first tion. We need a balanced bill, and there by doing the books, by doing account- time in 30 years we have done some- are things we can do to accomplish ing, one of my most significant costs thing to help change Medicare, and it that. We are going to have to change was Government overhead. is going to be implemented over a pe- the fuels over a period of time. All of them are well meaning. But all riod of time because there will need to Some, particularly on the other side of them make it more difficult for cap- be some changes in it. For the first of the aisle, say: Oh, well, we have to ital to come together so labor can be time, people will be given an oppor- start using alternatives up to 40 per- given work to do. tunity to get pharmaceuticals at less As my colleagues have come to the cent in the next 5 years. cost, and we will begin to have an op- floor and complained about various as- Right now, of all of our energy pro- portunity to change Medicare from the pects of this current obstructionist pe- duction, 3 percent is produced by alter- way it was originally structured. It is riod—you know, we talk about medical natives such as wind. We can do much very difficult to do that with the ob- liability, the Senator from Wyoming more in the future, and we hope that struction on the other side. talked about energy, others have we do, but we cannot turn that corner It is frustrating to be in the Senate talked about judges—I have to talk right away. It is a very difficult thing where we are supposed to be making today about the whole issue of FSC/ETI to do. decisions, supposed to be moving for- and how critical it is we find a way ward. We do not all agree, that is cer- The PRESIDING OFFICER. The time through this morass of partisanship to tainly true, but we do have a system of the Senator from Wyoming has ex- getting this bill done. What we do by that allows us to go forward. That is pired. failing the American people is to im- what votes are for, but we cannot take Mr. THOMAS. Mr. President, I cer- pose on manufacturers a European tax votes. We continue to sit here and only tainly urge that we stop obstructing and a penalty to American potential talk about things. and move forward with an energy pol- for creating jobs. I don’t think that is I am particularly interested in the icy. what Senators intend, but that is what energy issue, of course. I think it is I yield the floor. is happening if we don’t get FSC/ETI certainly one that we have talked The PRESIDING OFFICER. The Sen- through this process. about for a very long time. It now be- ator from Wyoming yields the floor. As I mentioned earlier, I love the comes more important because of the The Senator from Oregon is recog- compassion I hear from my Democratic cost increases, because of the difficul- nized for 10 minutes. friends. Yet when I look at some of the ties we are having with energy. It be- Mr. REID. Mr. President, I ask the policies that are advanced, what I see gins to be more apparent that we need Senator if he will yield for a unani- are policies designed to make the to have an energy policy that has some mous consent. United States more like Western Eu- plans for where we go over the next 5 Mr. SMITH. Yes, I yield to the Sen- rope, more like socialist democratic or 10 years. We need to do that as soon ator from Nevada. welfare states. as we can. Mr. REID. Mr. President, our remain- I recently had an experience on a trip One of the things the Bush adminis- ing time will be yielded to the Senator with Senator SHELBY and Senator tration, Vice President CHENEY and the from Wisconsin, Mr. FEINGOLD. CANTWELL when we had traveled to

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3528 CONGRESSIONAL RECORD — SENATE April 1, 2004 Berlin to meet with Gerhard Schroe- have created over 650,000 jobs. All the This legislation is particularly time- der. The German Chancellor was ex- economists said that. It would have ly because it comes at a time when plaining to us his policies to reduce brought $300 billion into the economy, Congress is debating the Nation’s budg- taxes, to reduce regulation, to reform and it would have increased Federal et, and when we cannot ignore the medicine and Social Security. I said in tax receipts by nearly $12 billion a record-breaking deficits that the Na- humor, Mr. Chancellor, your policies year. It is a win-win. Yet we are stuck tion faces. Time and time again we would make smile. trying to re-vote on votes we have al- have heard that fiscal responsibility His response was: It isn’t because I ready voted, holding up this critical and environmental protection are mu- want to do this, but I must do this be- legislation, which I promise you is a tually exclusive. Through this legisla- cause Germany no longer grows. We no vote against jobs. To obstruct this bill tion, however, we can save taxpayers longer have opportunity for our people. is a vote against American jobs. It is a billions of dollars and protect the envi- Our economy is dead in the water and vote for a European tax increase on ronment. As evidence of this fact, this yours is growing at a spectacular rate. American workers. bill is supported by Taxpayers for Com- He even commented to the effect: Repatriation is a component of end- monsense, the National Taxpayers You worry about losing jobs? We won- ing the FSC regimen that promoted ex- Union, the National Wildlife Federa- der why Mercedes and BMW are build- ports by helping to bring into balance tion, American Rivers, the Corps Re- ing plants in South Carolina. with our competitors American tax- form Network, and Earthjustice. It is because you can get a return on ation on our companies which export Reforming the Army Corps of Engi- investment here. abroad. neers will be a difficult task for Con- I think we have to get beyond this I listened with some humor last week gress. It involves restoring credibility lamentable side of the Democratic when my colleague Senator KERRY, the and accountability to a Federal agency message, we love employees but we Democratic nominee for President, in- rocked by scandals and constrained by hate their employers, because the troduced his tax plan. It contained my endlessly growing authorizations and a truth is both have to win and there is repatriation provision. But when we gloomy Federal fiscal picture, and yet room for both. These policies that are put it through the Finance Committee, an agency that Wisconsin, and many punitive are well-intended. They want Senator KERRY voted against it. But other states across the country, have a vote on the minimum wage. I am now it is included. I don’t know. I am come to rely upon. From the Great ready to vote on that. They want to glad he changed his mind, but I don’t Lakes to the mighty Mississippi, the vote again on the overtime provision. know why the flip-flop. It is a great Corps provides aid to navigation, envi- We have voted on all these things be- idea. It is important to do. I am glad he ronmental remediation, water control fore. These are not reasons to hold up is now with us. I wish he were here and a variety of other services in my progress on FSC/ETI. But that is what today to vote on it. We could use his State alone. is happening. vote to get this off the Senate floor, to My office has strong working rela- We have to vote two, three, four a conference, and into the American tionships with the Detroit, Rock Is- times on policies already decided by economy. It truly does produce jobs. land, and St. Paul district offices that While I think it is easy to hate em- this bicameral Capitol Hill. It is so service Wisconsin, and I want the fiscal ployers, it is easy to bash corporations, very frustrating. I don’t want America and management cloud over the Corps at the end of the day that is how Amer- to become a democratic socialist wel- to dissipate so the Corps can continue fare state. I don’t care how well mean- ican free enterprise does its work. I know not all corporations are per- to contribute to our environment and ing all that was when they constructed fect. There is always a rotten apple or our economy. the French and German economies, but This legislation evolved from my ex- two to spoil the barrel. But most em- I know, as Vice President CHENEY perience in seeking to offer an amend- ployees don’t hate their employers, and pointed out last week, while our econ- ment to the Water Resources Develop- most employers care about their em- omy was growing at nearly 8 percent in ment Act of 2000 to create independent ployees. Most American companies are the last half of last year, their econo- review of Army Corps of Engineers’ anxious to see America succeed. These mies were growing at 1.4 percent. are patriotic people. We have to under- projects. In response to my initiative, So as we look to where these policies stand there needs to be a win-win here. the bill’s managers, which included the that are being proposed lead, let’s un- Right now the obstruction on FSC/ETI former Senator from New Hampshire, derstand we don’t want to become like is a lose-lose for the American people. Senator Bob Smith, and the senior that. We want to be Americans. We If we want to see jobs created, we Senator from Montana, Senator BAU- want the American economy to need to pass this bill. We need not to CUS, adopted an amendment as part of produce jobs and to ensure freedom. All accede to a European tax through the their managers’ package to require a the well-intentioned taxes, regulations, WTO on the issue of FSC/ETI. We need National Academy of Sciences study on and burdens of costs that are put upon to fix it now. We needed to fix it yes- the issue of peer review of Corps employers ultimately translate into terday. We need to get it to the House projects. harm to employees. I think we have to so we can get it to the President and S. 2188 includes many provisions that start pointing that out. then get it to the union shop, the cor- were included in two bills, one of which In the FSC/ETI bill we passed porate board room, so labor can be re- I authored and the other I cosponsored, through the Finance Committee, there employed, because American capital in the 107th Congress. It codifies the was included in that a very important comes home. idea of independent review of the provision I was proud to sponsor. It was The PRESIDING OFFICER (Mr. EN- Corps, and it provides a mechanism to the repatriation provision. One of the SIGN). The Senator from Wisconsin is speed up completion of construction for good things the Europeans do and recognized. good Corps projects with large public many of the other countries with f benefits by deauthorizing low priority whom we compete do, when their com- and economically wasteful projects. panies invest over here they let them CORPS OF ENGINEERS MOD- The bill puts forth bold, comprehen- take the money back to their home ERNIZATION AND IMPROVEMENT sive reform measures. It modernizes country without a tax. They let it be ACT OF 2004 the Corps project planning guidelines, taxed once here. They don’t retax it. Mr. FEINGOLD. Mr. President, I rise which have not been updated since 1983. As to American companies who com- today to discuss the Corps of Engineers It requires the corps to use sound pete overseas, we allow them to be Modernization and Improvement Act of science in estimating the costs and taxed over there and then we tax them 2004, S. 2188, which I introduced right evaluating the needs for water re- again when they come back. So this re- before the March recess. I am pleased sources projects. Under this bill, a patriation provision, which for 1 year that the senior Senator from Arizona, project’s benefits must be 1.5 times would have treated our companies like Senator MCCAIN, and senior Senator greater than the costs to the taxpayer, our competitors treat their companies, from South Dakota, Senator DASCHLE, which alone would save the taxpayers would have dropped the tax from 35 joined me in cosponsoring this legisla- over $4 billion. And, to receive Federal percent to 5.25 for 1 year. That would tion. project funding, local communities

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3529 must take on a greater share in the framework to catch mistakes by Corps able Americans to save for homes, to costs of the project. planners, deter any potential bad be- purchase homes, to save for college The bill requires independent review havior by Corps officials to justify education, and to educate young peo- of Corps projects. The National Acad- questionable projects, end old unjusti- ple. Today, working Americans do not emy of Sciences, the General Account- fied projects, and provide planners des- have that opportunity because the ing Office, and even the Inspector Gen- perately needed support against the minimum wage is not sufficient to sup- eral of the Army agree that inde- never-ending pressure of project boost- port a family and support the aspira- pendent review is essential to assure ers. Those boosters, include congres- tions that all Americans have to better that each Corps project is economi- sional interests, which is why I believe themselves and their children. cally justified. that this body needs to champion re- Indeed, what is very startling is if we The bill also requires strong environ- form—to end the perception that Corps had increased the minimum wage at mental protection measures. S. 2188 re- projects are all pork and no substance. the same rate CEO compensation had quires the Corps to mitigate the envi- All too often Members of Congress have increased, the minimum wage today ronmental impacts of its projects in a seen Corps projects as a way to bring would be $22 an hour. In fact, it raises variety of ways, including by avoiding home the bacon, rather than ensuring the fundamental question we will ad- damaging wetlands in the first place that the taxpayers get the most bang dress over many months and years and either holding other lands or con- for their Federal buck. ahead, which is whether the rest of the structing weltands elsewhere when it I wish it were the case that the world is going to become like the cannot avoid destroying them. The changes we are proposing today were United States with a strong middle Corps requires private developers to not needed, but unfortunately, I see class with opportunities to move for- meet this standard when they con- that there is need for this bill. I want ward or will we become more like the struct projects as a condition of receiv- to make sure that future Corps rest of the world with a huge diver- ing a federal permit, and the federal projects no longer fail to produce pre- gence between the very wealthy and government should live up to the same dicted benefits, stop costing the tax- those who are working for very little. standard. payers more than the Corps estimated, I believe we have to have a society Too often, the Corps does not com- do not have unanticipated environ- that continues to produce a strong plete required mitigation and actually mental impacts, and are built in an en- middle class, that continues to make enhances environmental risks. I feel vironmentally compatible way. This work something that allows an indi- strongly that the Corps must complete bill will help the Corps do a better job, vidual to provide for their families and its mitigation and the public should be which is what the taxpayers and the to aspire to all of the dreams of Amer- able to track the progress of mitiga- environment deserve. ican home ownership, education for tion projects. In addition, the concur- f their children, and a comfortable and rent mitigation requirements of this secure retirement. bill would actually reduce the total CONCLUSION OF MORNING Indeed, the fact that the minimum mitigation costs by ensuring the pur- BUSINESS wage has relatively decreased has con- chase of mitigation lands as soon as The PRESIDING OFFICER. Morning tributed to a doubling of poverty. A possible. business is closed. minimum wage earner for a family of This bill streamlines the existing f three who works 40 hours a week 52 automatic deauthorization process for weeks a year earns $10,700. That is the $58 billion project backlog, and it PERSONAL RESPONSIBILITY AND $4,500 below the poverty line. Today, if will keep the Corps focused on its pri- INDIVIDUAL DEVELOPMENT FOR you are working 40 hours a week for mary missions of flood control, naviga- EVERYONE ACT minimum wage, you are in poverty. tion, and environmental protection. The PRESIDING OFFICER. Under The proposed increase would bring Under the bill a project authorized for the previous order, the Senate will re- the minimum wage to $7 an hour, and construction but never started is de- sume consideration of H.R. 4, which the even this modest increase would only authorized if it is denied appropria- clerk will report. raise the annual salary of families to tions funds towards construction for 5 The legislative clerk read as follows: about $14,000. straight years. In addition, a project A bill (H.R. 4) to reauthorize and improve It is not sufficient to replace what that has begun construction but been the program of block grants to the States for people had in 1968. It is not sufficient denied appropriations funds toward temporary assistance for needy families, im- to ensure all families are above pov- construction for 3 straight years is de- prove access to quality child care, and for erty. But increasing the minimum authorized. The bill also preserves con- other purposes. wage will at least give more oppor- gressional prerogatives over setting Pending: tunity, more hope, and more suste- the Corps’ construction priorities by Boxer/Kennedy amendment No. 2945, to nance to the families in America. allowing Congress a chance to reau- amend the Fair Labor Standards Act of 1938 Today, one in five children lives thorize any of these projects before to provide for an increase in the Federal below the poverty line in our Nation. they are automatically deauthorized. minimum wage. This is the richest Nation in the world. This process will be transparent to all The PRESIDING OFFICER. Under That poverty has an effect on them; in- interests, because the bill requires the the previous order, there will be 60 deed, in the long run, it has an effect Corps to make an annual list of minutes equally divided between the on everyone. There is an adage: You projects in the construction backlog chairman and ranking member of the can pay now or you can pay later. We available to Congress and the public at Finance Committee. are not paying now and we will pay large. The Senator from Rhode Island is later. We pay later in terms of children This measure will bring about a com- recognized for 5 minutes. who do not have the educational skills prehensive revision of the project re- Mr. REED. Mr. President, I rise in or the health to become the most con- view and authorization procedures at support of the amendment offered by structive workers in our society they the Army Corps of Engineers. My goals Senators BOXER and KENNEDY to raise could become. In fact, some of them, for the Corps are to increase trans- the minimum wage. unfortunately, wander into crime and parency and accountability, to ensure The last time we increased the min- other areas which cost us immensely. fiscal responsibility, and to allow imum wage was in 1997, and workers We have to be able to ensure people can greater stakeholder involvement in have already lost all of those gains of afford to live in this country. their projects. I remain committed to that increase. To have the purchasing One of the other aspects of the min- these goals, and to seeing Corps reform power the minimum wage had in 1968, imum wage is a family earning a min- enacted as part of this Congress’ water the minimum wage would have to be imum wage in this country cannot ef- resources bill. more than $8 an hour, not the $5.15 fectively afford a two-bedroom apart- I feel that this bill is an important today. ment in any of the major metropolitan step down the road to a reformed Corps In 1968, we could afford it. In 1968, we areas and in many rural areas. That is of Engineers. This bill establishes a could provide the wages that would en- unfortunate. Without proper housing,

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3530 CONGRESSIONAL RECORD — SENATE April 1, 2004 how can one ensure family stability three. A family of three is way below Look what has happened: 13 million and the opportunity to move up in so- the poverty line. They are headed children hungry; 8 million Americans ciety? straight down, as shown on this chart. unemployed; 8 million workers losing We all understand and we all praise I do not understand why we want to overtime. That is what they want to the hard-working Americans who, day keep people below the poverty line. do. There are 7 million low-wage work- in and day out, go to their jobs and Nearly three-quarters of minimum ers, some waiting 7 years for a min- labor for their families and commu- wage workers are adults. We are not imum wage increase. All we want is an nities. But too many of them are work- talking about kids. When I was a kid, I up-or-down vote. They are filibustering ing at wages that do not reward this used to work at the minimum wage. it. There are 3 million more Americans great effort. We can do something and Fine. It was great. I made 50 cents an in poverty since President Bush took should do something about that by in- hour. That gives away my age. Imagine office and 90,000 workers a week losing creasing the minimum wage. if those Members of the Senator were unemployment benefits. We should recognize and understand still in the Senate. We would still have I hope compassionate Senators on by increasing the minimum wage, we a minimum wage of 50 cents an hour. both sides of the aisle, I hope savvy are not likely to have any negative im- My goodness, we need to raise the min- Senators on both sides of the aisle, will pact on our economy. In fact, we will imum wage. definitely allow a vote on this very probably stimulate our economic activ- Seventy-two percent are adults. How simple proposition. Seven years ago we ity. In the 7 years after the last min- can we look at these people and tell raised the minimum wage. It is time to imum wage increase was enacted, there them they do not deserve an increase? do it again. were nearly 11 million new jobs added By the way, they will still be below Take it to the people in your States. at the pace of 218,000 jobs per month. poverty even after we raise them to $7. Ask them how they feel. The polls are There was no break in employment be- Every day we delay, minimum wage overwhelming. More than 70 percent of cause the minimum wage went up. workers fall further behind. All the the people want to see an increase in There were more Americans with more gains of the 1996 minimum wage in- the minimum wage. Yet in this Cham- disposable income, buying more goods crease have been lost already. The time ber, one would think we are asking for and services in our economy. is long overdue that we raise the min- something that makes no sense. We Most people, through my experience, imum wage. want to get people off of welfare. That who are working in jobs that pay the People are working hard but losing is the point of the underlying bill. minimum wage or slightly above the ground. The real value of the minimum Let’s get them into work that pays. minimum wage, tend to spend a good wage: Today it is worth $4.98. That is The PRESIDING OFFICER. The Sen- deal of their income on taking care of what hard-working people are getting, ator’s time has expired. children, on taking care of their rent, $10,800 a year for a family of three. Mrs. BOXER. Mr. President, I retain on taking care of things that put With our minimum wage increase, the remainder of our time on this side. money into our economy today. there would be a $3,800 yearly increase The PRESIDING OFFICER. Who We have to do this. Indeed, it would in wages. That would pay far more yields time? benefit our economy, not just those re- than 2 years of childcare. Mr. SANTORUM. Mr. President, I cipients of increased wages. We talk about how important this yield myself such time as I may con- There are about 7 million workers welfare bill is. As a matter of fact, my sume. and a third of working women who will friend from Pennsylvania had a chart I would ask the Senator from Cali- benefit. I hope we can move forward showing how wonderful it has been that fornia—she suggested we are not going and ensure this minimum wage is in- children have been lifted out of pov- to allow a vote. I would be very happy creased. erty. Of course, we are seeing now an to allow a vote. We suggested we would The PRESIDING OFFICER. The Sen- increase in poverty. During the Clinton be happy to give a vote on the issue of ator from California. years, that was true. There were so minimum wage. But I think it is im- Mrs. BOXER. Mr. President, we are many jobs, 22 million jobs created, portant, if we are going to give a vote facing a filibuster on an amendment I compared to 3 million jobs lost under on a ‘‘message amendment’’—that is offered with Senator KENNEDY, with Bush. Kids were lifted out of poverty. the term that has been used by Mem- great support across the board. I thank This minimum wage increase would bers on your side of the aisle, a mes- Senator REED for his support of this give children more childcare. That is sage amendment—we would be happy very simple amendment. important. It provides 2 years of health to give you a vote on your message We are facing a filibuster on whether care; provides full tuition for a commu- amendment in exchange for you giving we can vote on raising the minimum nity college degree; provides a year and us a vote on something that is actually wage. I cannot think of a more cruel a half of heat and electricity; provides going to help people in poverty; that is, filibuster in my life. Why on Earth more than a year of groceries; provides passage of this bill and going to con- would anyone, Republican or Demo- more than 9 months of rent. ference. In fact, we have offered to the crat, try to block a vote on this very When we give to people at the lower Democratic leader that in exchange for important matter? I hear all about echelon an increase in the minimum a vote on your message amendment, compassionate . Fine. wage, they will spend it, and that will you allow us to pass and go to con- Show it to me. Where is it? fuel our economic recovery. I ask our ference on a bill that is actually going People at the minimum wage have friends on the other side, Why are you to help low-income people get out of been stuck there for 7 years. That is opposing us? poverty. how long it has been since we raised it. We will look at which Presidents So I would be happy to offer, as I did Give us a chance to have an up-or-down have signed minimum wage increases yesterday, a unanimous consent re- vote on raising the minimum wage. I into law: FDR, Harry Truman, Dwight quest to give you a vote on your ask my colleagues to try and live on Eisenhower, Republican; John Ken- amendment, in exchange for you allow- $10,800 a year. Think about your rent or nedy, Democrat; Lyndon Johnson, ing us to have a vote on passage, at a your mortgage payment. If it is $800 a Democrat; Gerald Ford, Republican; time certain, and a commitment to go month, that is it. You use up all of James Carter, Democrat; George H.W. to conference on this legislation. your money. Bush, Republican; William Clinton, I ask the Senator: Would you agree Some Members say we are trying to Democrat. to such a proposal? raise it way out of proportion. We are The people who are trying to stop an Mrs. BOXER. Thank you very much not. It is a rather modest increase, increase in the minimum wage are for asking. We are ready to vote on the from $5.15 to $7 an hour. going against a whole array of Demo- minimum wage right now. We do not I will show a few charts that tell the cratic and Republican Presidents. Our need any more debate time. story better. People who work at the increase is quite modest as shown by Mr. SANTORUM. I would be happy minimum wage are working well below my chart. to—— the poverty line. This red line on this American families are suffering since Mrs. BOXER. The message we are chart is the poverty line for a family of the Bush administration took hold. sending is to the people in America

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3531 who need to have an increase. That is dren, and to pass a JOBS Act otherwise make some minor tinkering to try to the message. We want to have that known as the FSC bill, which will help improve it. That is why this bill came vote. manufacturers compete in the inter- out of the committee in a bipartisan Mr. SANTORUM. Reclaiming my national marketplace, save jobs, and basis, because these are not major time. create new jobs, and avoid harmful tar- changes. These are minor changes The PRESIDING OFFICER. The Sen- iffs which are now in the process of which amplify what we know has al- ator from Pennsylvania has the floor. being assessed against American work- ready been working out among the Mr. SANTORUM. Mr. President, I ers by the European Union. States. ask unanimous consent that we have a We have agreed to pay a ransom, to But what did the Senator from Mas- vote on the minimum wage Boxer get two victims returned. The victims sachusetts say about this bill in 1996, amendment, followed by a vote on the of the filibuster are the victim of wel- which he voted against? McConnell amendment on minimum fare and the JOBS Act to help create These provisions are a direct assault on wage, and then a vote on passage of the manufacturing jobs. But we are not children and have nothing at all to do with welfare reform bill, with the appoint- going to pay a ransom and not get a meaningful reform. ment of conferees, three Republicans victim back. We are not going to pay a Let’s see if they had anything to do and two Democrats. And then, on top ransom to have votes on theme or mes- with a direct assault on children. Chil- of that, let’s get everything done. Let’s sage amendments and not get back for dren in America who were at the high- move, then, to the FSC/ETI bill, have a the American public two things that est poverty rates, when this bill passed, commitment to pass that bill by are absolutely necessary to help allevi- were African-American children. Let’s Thursday of next week, and a final ate poverty and create jobs. This is not see if Senator KENNEDY’s assault, as he vote, let’s say, at 5 o’clock on Thurs- just going to be a political exercise. termed it, came to be. No. Wrong. The day. The leader and the Republicans want assault was on poverty, not on chil- So if you are committed to getting to get things done. We are not here to dren. The assault that Senator KEN- things done and helping manufacturing message for Presidential politics. We NEDY foretold never happened. Over 40 jobs, and you are committed to helping are here because we want to do a job percent of poverty was among African- get welfare reform done, I offer that as for the American people. We have a American children in 1996. Now the a unanimous consent request. welfare bill that has worked—the 1996 rate of poverty among African-Amer- The PRESIDING OFFICER. Is there welfare bill. ican children is the lowest ever re- objection? I will quote—by the way, not a Re- corded—the lowest ever recorded. Why? Mrs. BOXER. Reserving the right to publican—June O’Neill, who was at the Because this bill works. Why? Because object. Congressional Budget Office, who said: requiring work works. That is what The PRESIDING OFFICER. The Sen- Politicians and experts from the left and this bill did. And that is what Senator ator from California. the right acknowledge that welfare reform KENNEDY was vehemently against—ve- Mrs. BOXER. I say to my friend, has succeeded beyond the most optimistic hemently against. there are a series of amendments that expectations. He goes on to say: are important to the working people of The 1996 Welfare Act, which Members Here we are talking about American chil- this country. Overtime—the Bush ad- on the other side of the aisle say: ‘‘We dren living in poverty, the innocent victims ministration is trying to take away are not trying to block. Oh, yes, we’ll of fate. overtime—we want a vote on that. The eventually get to it’’—they say they ‘‘[T]he innocent victims of fate.’’ unemployment insurance, which has are not trying to block it, so what do If this bill passes, they will be the innocent run out for millions of Americans, we they do? Right out of the box, they victims of their own Government. want a vote on that. There are a series offer an amendment and say: You ei- Let me change that around. For 30 of amendments that deal with making ther give us a vote on this amendment years, African-American children in lives better for the people. or we can’t move forward on the bill. poverty were the innocent victims of Mr. SANTORUM addressed the floor. They did not wait until we worked their Government, in programs created The PRESIDING OFFICER. Does the our will, until we had several amend- by the Senator from Massachusetts, Senator object? ments we were trying to work through. which locked them in poverty. And we Mrs. BOXER. This Senate is not the There are supposedly 30 germane have the courage on this floor to say: House. We are Senators. We are free to amendments on the other side of the Stop this ‘‘compassion’’ that is killing offer amendments. aisle. They did not wait to offer their America’s children. We stood up and The PRESIDING OFFICER. Does the 30 germane amendments. They did not said, just because you are poor, you are Senator object? work through the process. not disabled, that we do not have a Mrs. BOXER. I absolutely would Right out of the box comes an prejudice against you because you are agree if he would modify his request. amendment that has nothing to do poor, but we believe you can achieve We can agree on time agreements for with welfare, that we said, from the just like the rest of Americans, if given these and keep it open for the rest of very beginning, if you offer this amend- the chance. the amendments, and then we will ment, then we will be happy to vote on So we passed a bill that fundamen- agree. it in exchange for a commitment to tally changed the structure that the The PRESIDING OFFICER. Does the finish this bill. But no. No. We have to Senator from California and the Sen- Senator object? get our message amendments out. ator from Massachusetts, and far too Mrs. BOXER. I object, as he has done Why? Because I believe there are many many others, believed was the best for it. But I will agree to modify it. on the other side of the aisle who do children—well-meaning but very The PRESIDING OFFICER. Objec- not want a welfare bill, who want mes- wrong. tion is heard. sage amendments instead of improving Instead of admitting this is the prop- Mr. SANTORUM. Senator FRIST has a bill that we know works for the er course, they now offer an extraneous offered to the Democratic leader a vote American public. amendment, having nothing to do with on all three of the amendments that Now, why would I say that? Well, welfare, to block this hugely successful the Senator from California asked for; let’s listen to the Senator from Massa- program in helping millions of fami- that is, minimum wage, the issue of chusetts, 8 years ago, on the floor of lies—millions of families—get off of overtime, as well as the issue of unem- the Senate, dealing with this first wel- welfare. How many millions? Two point ployment insurance. We have agreed to fare bill that we are trying to reau- eight million families. So 2.8 million votes on all three of those amend- thorize and modestly improve. I under- families who used to get a welfare ments, in exchange for votes on two score modest. This is not a major re- check now bring home a paycheck. things we would like to do; that is, vamp of welfare in this bill. There are You ask, How big a difference is that pass a welfare reform bill that is actu- some modest improvements, tinkering, in our world? I will give you a story of ally going to help reduce poverty in because we know what is out there is a young lady who told her story. She America, help stabilize and build fami- working. We want to make sure what works for CVS. She had been on wel- lies, reconnect fathers with their chil- has been put in place stays in place and fare for many years. She said after she

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3532 CONGRESSIONAL RECORD — SENATE April 1, 2004 had her first week of work and got her ality. He has been a warrior for chil- enact this legislation—and you have to first paycheck, all of the children piled dren on this issue. I thank him for his have cloture to get to finality, or else into her car and wanted to go to the work. you have to have an agreement on the store. Why? They wanted to go to the The PRESIDING OFFICER. The Sen- number of amendments and their ger- store because they wanted to go ator from . maneness to move ahead. So without through the checkout line and have Mr. GRASSLEY. Mr. President, I one or the other, we are not able to their mom pay with cash instead of yield myself such time as I may con- enact welfare reform. In addition, we food stamps. They wanted not to feel sume. would also fail to make needed im- looked at as someone who was using I thank the Senator from Pennsyl- provements to child support enforce- the person behind them and their vania for managing the bill while I had ment programs. We would fail to pro- money to help pay for their food, but to be in a conference to work out com- vide transitional medical assistance for they had earned it themselves. promises on the pension bill. But more 5 years as well as give States access to You don’t think that has an impact importantly, going back to his days in the contingency funds they have not on a little child’s life? You don’t think the House of Representatives, he has been able to use because we liberalized that being dependent upon the Govern- been a trailblazer in the cause of mov- States’ access to those contingency ment has an impact on the psychology ing people from welfare to work so that funds. We leave States in the dark of little children who grow up in that those people have an opportunity to about what a reauthorization bill next environment? Do you think we are move themselves up the ladder. year would look like. Why leave 50 doing people a favor by saying, We will Families on welfare and low-income State legislatures in a lurch when if we take care of you? families need childcare, and they need acted, they can put their State pro- If we don’t pass this welfare reform it now. This bill will help do that. If grams in place and move on with cer- bill today, the majority of Americans Democrats obstruct passage of this tainty? on welfare will no longer have a work welfare bill, we risk losing a signifi- When this is all added together—and requirement. If we don’t pass a welfare cant opportunity to substantially in- there are a lot of other things we could reform bill, a majority of Americans on crease childcare funding for welfare say—it is an extraordinarily irrespon- welfare will be in the old welfare sys- families as well as for poor working sible policy that ends up with the lack tem prior to the reform in 1996. families. If we simply continue the of finality on the part of this Senate on You say, well, this bill doesn’t really level of childcare funding under cur- welfare reform. make any difference? It makes a huge rent law, hundreds of thousands of chil- But then maybe welfare reform has difference because the incentives will dren and working families will lose never been a priority for Democrats. In not be there anymore. I can’t tell you their childcare. Estimates have been the 107th Congress, even though my the number of welfare mothers I have made that nearly 225,000 children could friend, Senator BAUCUS, reported a bill talked to. As I mentioned before, we lose childcare assistance by the year out of committee with $5.5 billion for have employed nine in my State office. 2006, and more than 360,000 children childcare, welfare never made it to the I have worked personally, hand in could lose it by the year 2008. floor of the Senate. This year, the Sen- hand, in trying to deal with the dif- Is that what the Democrats want? Is ate Finance Committee reported out a ficulties of taking people from welfare that what they stand for in their vote bill with significant Democratic prior- to work. It makes an enormous dif- against cloture on this legislation? ities in it, but no Democrat voted for ference in their lives. They have said to That is playing politics on the welfare it. me, one after another: I probably would bill, and playing politics will not get Our Republican leader, Senator not be where I am today had welfare this bill passed. FRIST, gave us a week out of a very reform not passed and the Government This bill is good policy. Democrats crowded legislative schedule because changed their expectation of me. I had know that. And good policy is good pol- welfare reform—taking care of the to look at myself differently. It forced itics. needs of the poor, the needs of chil- me to do something I never had the Let me be clear: If Democrats suc- dren—is high on the agenda of Senator courage to do because to get that first ceed in their efforts to derail consider- FRIST. But it also has to be worked in job is scary. ation of the welfare bill, hundreds of with a very crowded legislative sched- It is a frightening thing, if you have thousands of children will lose ule. But he gave us time. He has many very little skills, to go out and hold childcare. In other words, in order to Members and many committee chair- yourself up to failure. Let’s be honest. score political points, Democrats are men besides this Senator pressuring Remember your first job. You knew leaving poor children and their work- him for floor time to take up their nothing about what it meant to work. ing single moms out in the cold. With- bills, to consider legislation; yet, this You knew nothing. How did you sign out additional childcare resources, had the high priority of our Republican up? Where did you get your paycheck? many States will be forced to make leader. What timecard did you fill out? There painful childcare cuts or institute We passed the bipartisan and Repub- are so many things in the world of waiting lists or increase copays. lican-sponsored Snowe amendment, in- work that you have no concept of if If childcare funds are not available, creasing childcare by $6 billion, and you have no experience in it. That first low-income families, working families still it looks like Democrats are pre- job can be frightening, particularly if trying to do the right thing will be un- pared to block action on this bill, this you are unskilled. Taking that first able to help pay for childcare. Children bill that helps poor people, because step or staying at home and letting the work; children suffer. Or else children they have an agenda that somehow Government send you a check, that is don’t suffer and parents don’t work. outranks welfare. Obviously, their an option that far too many people Under this situation, they would be agenda is to make political points. I took. forced to resort to inadequate, unsta- am sad to say that ultimately children Well, we didn’t allow that in this bill. ble, probably unsafe childcare arrange- and their working moms are the ones And it was not cruel. It was a step in ments, or even be forced to give up who will pay the price for this political the right direction for 2.8 million fami- their jobs and return to welfare, all so grandstanding. lies, 2.3 million children out of poverty, that political points can be made. That I hope we can do better by them, Mr. 700,000 African-American children out doesn’t make sense to me, especially President. I have worked hard so that of poverty. And we are blocking a bill for a party that brags about putting we could in fact do better for these peo- that would make this a reality for fu- the care of the people in need upper- ple. It would be a shame if we are pre- ture generations of people who may most in their platform. vented from passing a bill that would have to go through the welfare system? I think that is shameful. Democrats genuinely help those in need just so the I yield the floor to the Senator from ought to be ashamed of themselves for other side can score political points, or Iowa. I thank the chairman for his tre- making political hay on the backs of at least what they perceive to be polit- mendous effort in bringing this bill to these low-income people. ical points. the floor and fighting to get it through In addition to the loss of childcare The question is whether the Demo- cloture and on to passage and to re- funding increases, if we are not able to crats will be held accountable if they

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3533 succeed in killing welfare reform and LEY—are saying we are somehow stall- teachers. They work in nursing homes killing an additional $7 billion for ing this legislation. We are not. When providing help and assistance for our childcare. This issue is not about a this amendment was offered, the Sen- senior citizens. vote on minimum wage. Republicans ator from California and myself agreed Let me read one short story which is are willing to take a vote on minimum to a 20-minute time limitation so we typical about a minimum wage worker. wage. As my colleague from Missouri, could move ahead with the rest of the The name of this person is Fannie: Senator TALENT, said yesterday, ‘‘We debate on the TANF reauthorization. She weighs bunches of purple grapes or are willing to pay the ransom. We just That was objected to. And then the ma- rings up fat chicken legs at the supermarket need some assurances that we get the jority leader put down a cloture mo- where she works, Fannie Payne cannot keep victim back.’’ We need to know we can tion. from daydreaming. pass this bill and get it to conference. I welcome the opportunity to speak ‘‘It’s difficult to work at a grocery store That is the issue over which Democrats all day, looking at all the food I can’t buy,’’ on the minimum wage because there is Mrs. Payne said. ‘‘So I imagine filling up my are obstructing. so much to say about it, about the peo- cart with one of those big orders and bring- It is very unprecedented that Demo- ple who are experiencing it and the im- ing home enough for all my kids.’’ crats are objecting to appointing con- pact of our failure to increase the min- Instead, she said that she and her husband, ferees. Let me say that more broadly. imum wage, particularly the impact on Michael, a factory worker, routinely go It is almost unprecedented for the leg- children. We have not had an oppor- without dinner to make sure their four chil- islative process not to work the way tunity to have a vote in the Senate for dren have enough to eat. They visit a private the Constitution writers intended, and the last 7 years on this. It is time that hunger center monthly for three days’ worth that is you get to a point where you of free groceries, to help stretch the $60 a we do. We are being precluded from week they spend on food. work out compromises between the doing so because of the parliamentary ‘‘We’re behind on all our bills,’’ Mrs. Payne other body and this one, and that takes maneuvers of the majority to deny the said. ‘‘We don’t pay electricity until they a conference committee to do it. If you Senate of the United States a vote up threaten a cut-off. To be honest, I’m behind want a product instead of politics, you or down on whether we think some of two months on the mortgage—that’s $600 a go to conference. That begs the point, the hardest working Americans ought month.’’ are we ever, then, going to be able to to have an increase in the minimum The PRESIDING OFFICER. The Sen- pass anything around here? In order to wage. ator has 11⁄2 minutes remaining. get a bill enacted, it has to pass both The Republicans are so frightened Mr. KENNEDY. I yield myself 5 more bodies. about voting on this, so they do the minutes from Senator BAUCUS’s time. We have $7 billion in childcare on the parliamentary tricks in order to try to The PRESIDING OFFICER. Without table right here. In order to score polit- deny the Senate an opportunity to vote objection, it is so ordered. ical points, Democrats are going to on the minimum wage. Well, it is be- Mr. KENNEDY. She continues: leave this banquet that is out there for yond me why they don’t want to take ‘‘We owe $800 on the water bill and $500 for people in need. the hard vote. Why not go back to your heat.’’ Again, the issue is not about getting constituents and say, I am for this or These are the real workers who are a vote on minimum wage. Republicans against it. If you are against it, explain going to benefit from an increase in the are willing to take a vote on minimum why. But we are being denied. It is not minimum wage. wage. The issue is about getting a bill just denying the sponsors; they are de- What has happened over the last 3 done, reaching finality. Democrats are nying over 7 million hard-working years? We have seen the number of preventing us from getting a welfare Americans the opportunity to get an Americans who are living in poverty bill through the legislative process. I increase in their pay. grow from 3l million up to more than hope they have a surprise for this Sen- As I pointed out in the beginning, the 34 million. These are 3 million Ameri- ator and that we get cloture, and that purchasing power of the minimum cans who are living in poverty, includ- they deliver to the people what they wage now, at the end of this year, will ing hundreds of thousands of children, promised. This is very unfortunate for be near an all-time low since it passed in the richest country in the world, our country and for families who could in 1938. We have a chance to do some- who are living in poverty and, in so have benefited from the bill that it thing about it and do something now. many instances, in hunger in the looks like Democrats are going to kill A quick response to my colleagues on United States of America. today. the other side regarding the whole This is what the 2003 survey by the Mr. President, I yield the floor. U.S. Conference of Mayors that looked The PRESIDING OFFICER. Who question of how increasing the min- at hunger found. These are mayors, Re- seeks recognition? imum wage isn’t really related to get- The Senator from Massachusetts is ting people off welfare into jobs. Well, publicans and Democrats: 39 percent of recognized. it is difficult for people who have lis- the adults requesting food assistance Mr. KENNEDY. Mr. President, how tened to the debate to accept that, par- were employed. Why? Because the min- much time remains? ticularly when the Secretary of HHS imum wage cannot provide sufficient The PRESIDING OFFICER. Almost himself said this in comment to the un- income. These are hard-working indi- 18 minutes under Senator BAUCUS’s derlying program, TANF: viduals trying to look out after their time. This administration recognizes that the families and feed them, and they can- Mr. KENNEDY. I thank the Chair. I only way to escape poverty is through work, not make enough to provide food for ask the Chair to remind me when I and that is why we have made work and jobs their families. have a minute and a half left. that will pay at least the minimum wage No. 2, a leading cause of hunger was The PRESIDING OFFICER. The ... low-paying jobs. We have a chance to Chair will do so. Do you hear that? Secretary Thomp- do something about that by increasing Mr. KENNEDY. Mr. President, we are son said this: the minimum wage. This is what the voting at noontime today on a cloture . . . the centerpiece of the reauthorization mayors from all over the country, Re- motion, and those, obviously, in the proposal for the TANF program. publican and Democrat, say, that a Senate understand what this is all Still our Republican friends say our leading cause of hunger is low-paying about. Before the Senate at the present amendment is not related to this. Of jobs. time is a proposal offered by the Sen- course it is. The President’s spokesman Emergency food assistance increased ator from California and myself to in- indicated that. Still we are unable to by 14 percent just this last year. crease the minimum wage up to $7 in get this. Fifty-nine percent of those request- just over a 2-year period. The minimum Mr. President, I have stated who ing food assistance were members of wage has not been increased for the these people are who are earning the families, with children and elderly par- last 7 years. Now we find the minimum minimum wage. They are men and ents. This is what is going on in this wage purchasing power is at an all- women of pride and dignity. They deal country. We can make a difference. time low. with tough jobs—cleaning out build- Finally, one of the major rec- Now, those on the other side—we just ings of our country, all over our Na- ommendations they make is raising heard from my friend Senator GRASS- tion. They work in schools as assistant the Federal minimum wage as a way

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3534 CONGRESSIONAL RECORD — SENATE April 1, 2004 the Federal Government could help al- myself and Senator BAUCUS signed by come working families, but also to improve leviate hunger. Do we hear that? That 41 Democrat Senators. However, at the the quality of care provided and cover the is the recommendation of the mayors time of printing it was missing its sec- millions of eligible children currently with- out assistance. We know there are signifi- of this country. ond page. I again ask unanimous con- cant additional costs associated with in- Look at what happened in a study sent that the letter be printed in the creases in work requirements. Any welfare the National Urban League did on the RECORD. reform bill must include sufficient funding issue of minimum wage. They say: There being no objection, the mate- to ensure that we are not cutting child care Minimum wage workers are too often pre- rial was ordered to be printed in the services currently provided to low-income sented as teenagers or wives in the middle RECORD, as follows: working families in order to pay for child class. Yet the clear implication of this study care for families receiving TANF cash assist- U.S. SENATE, ance. In addition, funding must be provided is that the proposed increase in the min- Washington, DC. imum wage from $5.15 to $6.65 an hour, or to to improve the quality of child care to en- Hon. , Chairman, $7 an hour in the case today, would move 1.4 sure that low-income children enter kinder- Hon. , Ranking Member, million American households to the level of garten ready to learn, as well as to increase Senate Committee on Finance, Dirksen Senate access for the millions of families who are el- being food secure, having enough money to Office Building, U.S. Senate, Washington, buy nutritious, safe food for their families. igible but currently receive no child care as- DC. sistance. It continues: DEAR MR. CHAIRMAN AND SENATOR BAUCUS: This investment is even more important The increase in the minimum wage lessens We believe reauthorizing the Temporary As- because of the states’ fiscal crises. At least hunger in all households, but particularly in sistance for Needy Families (TANF) program 13 states cut their investments in child care low-income households and in those house- is an important item on the congressional in 2002 because of budget pressures, and more holds in which the householder was less edu- agenda for this year. The Personal Responsi- are likely to be forced to do so this year or cated, in African, Hispanic, or single parents. bility and Work Opportunity Reconciliation even next year. In this climate, it is not real- This is what is happening. There is Act of 1996 (PRWORA) made dramatic istic to rely on states to restore these needed changes in our Nation’s welfare laws that funds, or fill in gaps left by federal policies. an increased number of those who are have had a profound impact on disadvan- Failure to strengthen the federal investment living in poverty and an increase in the taged families. We agree with the President in child care will have dire consequences for number of children living in poverty. that the main goal of welfare programs many low-income families that are trying to Look at the impact of hunger, the should be to strengthen families and support succeed in the workplace. We are pleased consequences of hunger and food inse- self-sufficiency. We would like to work with that the Senate Budget Resolution rejects curity on children. This is the Heller you to build on the strengths of the new sys- the President’s proposal to freeze child care study, June of 2002: tem, as well as address areas where the new funding, but we are still concerned that the proposed funding will not sustain current Elementary-school children from food-in- law falls short. We are encouraged by the number of fami- levels of support, let alone improve the qual- sufficient families were more likely to have lies who have moved successfully from wel- ity of care or allow for increased work re- repeated a grade in school in both a national fare to work. However, 33 million Americans quirements. sample of elementary-school children and a still live in poverty. The current economic Second, we must recognize the role legal study of low-income families from the Pitts- downturn has led to increases in both unem- immigrant families play in our economy. burgh area. Most legal immigrants came to this country Hungry and at-risk for hunger children ployment and, more recently in many States, the welfare caseload. Today, almost to find work; they contribute economically from 4 inner-city schools in Philadelphia and to their communities and play important Baltimore were absent from school more every State in the Nation faces a fiscal cri- sis. Under these circumstances, a concerted, roles in the labor force. Because of language days than other children and also had higher and other barriers, many must take lower rates of tardiness. A similar finding with re- bipartisan effort is necessary to preserve the progress we have seen so far, as well as en- paying jobs and thus can be buffeted by eco- spect to missing school was found in a multi- nomic dislocation. At their annual winter state survey of low income households. courage States to help more families become independent. meeting, the nation’s governors reiterated These are the studies. Children are We strongly support several of the con- that immigration, which is controlled by the going hungry in America. This pro- cepts the President has outlined, if designed federal government, creates demands at the posal is not going to answer all the and implemented appropriately. ‘‘Universal state level for education, job training, social problems, but it will help 7 million engagement’’ of welfare recipients would and health services, and other assistance that is necessary to help immigrants inte- Americans. That is something worthy help make sure each family’s specific cir- cumstances are considered and addressed. grate into our communities and become self- of this body this day. But we are going sufficient members of society. Currently, 31 to be denied by our Republicans the op- Ending the current ‘‘caseload reduction cred- it,’’ which gives States credit for people who states use their own funds, without federal support, to provide TANF benefits and serv- portunity of even voting on this are not working, and replacing it with an ices or health assistance to legal immi- amendment. ‘‘employment credit,’’ would provide strong- grants, and other states often absorb emer- As I have said often, this is a wom- er incentives for States to move families not gency health care costs for these families. en’s issue because the great majority of only off of welfare but into jobs. Similarly, Giving states the options to use federal funds individuals who receive the minimum bipartisan proposals to strengthen child sup- for benefits and services to legal immigrants port would encourage better relations be- wage are women. This is a children’s is an issue of fundamental fairness, and it tween non-custodial parents and their chil- issue because a great majority of those would provide needed fiscal relief for states. women have children. It is a women dren, and help families stay off welfare. We Third, states need more flexibility to make and children’s issue. This is a family would like to work with you to make sure all sure workers have the skills to succeed in States can participate and that families re- the workplace. At a minimum, we support issue affecting women and children. ceive the child support they are owed. We This is a civil rights issue because so the provisions included in the bill reported also agree that transitional Medicaid bene- by the Finance Committee last year. Full- many of these men and women are of fits should be extended so parents who leave time, work-related vocational training and color. And finally, this is a fairness welfare will know their children will have education, post-secondary education, basic issue because people in the United health care as their families make the tran- adult education, work-study, and other simi- States of America understand fairness, sition to work. lar activities can lead to better jobs, more and they believe if you work 40 hours a We are concerned, however, that the ad- opportunities for advancement, increased week, 52 weeks a year, you should not ministration’s proposals lack several key re- family incomes, and a more competitive forms that will help more families achieve workforce. We should not arbitrarily limit have to live in poverty. self-sufficiency. We believe reauthorization Let’s vote up or down, at least have states’ ability to support these activities, should include four important components to since they provide a true ‘‘ticket to inde- the courage of convictions on the other achieve this goal. pendence.’’ side and give us a chance and give First, to be successful, a work-oriented Fourth, we support state and local innova- these 7 million Americans who deserves welfare program must demonstrate that tion, but will not support a ‘‘superwaiver’’ an increase in the minimum wage an work will be fairly rewarded, and that fami- that merely shifts resources from one pot to opportunity to have some hope at the lies will be better off if they play by the another and eliminates basic protections for end of the day because the Senate did rules. We must make sure states can provide families, while bypassing Congressional critical work supports, especially quality oversight. A broad, vague superwaiver is no the right thing. child care. Child care assistance is essential substitute for providing states with the flexi- I yield the floor. if parents are to get a job and stay employed. bility within TANF to craft welfare-to-work Mr. GRASSLEY. Mr. President, yes- A significant increase in funding for child programs that meet the particular needs of terday I asked unanimous consent to care is needed not only to support the cur- their state economies and the families they have printed in the RECORD a letter to rent level of child care provided to low-in- serve.

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3535 Finally, we would like to express concern Carl Levin, Daniel Inouye, Debbie Stabe- about which our Democratic caucus over Administration and House proposals to now, , Jim Jeffords, Chris feel very strongly. significantly increase work participation Dodd, Ron Wyden, , We will oppose cloture today but in standards and work hours, without flexi- Mark Pryor, Fritz Hollings, Jack Reed, no way, shape, or form is it an indica- bility and adequate increases in work sup- Kent Conrad, Joe Biden. tion of our lack of willingness to work ports. We agree that TANF recipients should Mr. DASCHLE. Mr. President, how be engaged in work activities that will help to finish the legislation itself. Give us them to ultimately become self-sufficient. much time remains? a chance to do what we have done However, we feel strongly that we should not The PRESIDING OFFICER. Seven twice before on this bill. Give us a impose rigid requirements that would under- minutes forty seconds. chance to vote on amendments that are mine successful state programs, or reduce Mr. DASCHLE. Mr. President, if you critical to a good and full debate about states’ flexibility, which allows them to con- could tell me when I have used 3 min- the direction we ought to take with re- sider and address the individual needs of par- utes, I would appreciate it. I want to ticipating families, including disabilities and gard to this bill, and you will have clo- other barriers to employment. leave some time for the distinguished sure on it at a time in the not too dis- We would also like to point out that states manager of the bill. tant future. have been successful in reducing their cash The PRESIDING OFFICER. The mi- I hope my colleagues will work with assistance caseloads because they have nority leader. us to make that happen. taken advantage of the flexibility in TANF Mr. DASCHLE. Mr. President, this I yield the floor. to support low-income working families, in- issue is very important. If we really The PRESIDING OFFICER. The Sen- cluding not only those receiving cash assist- want to help people move from welfare ator from Pennsylvania. ance, but also those who have left welfare or Mr. SANTORUM. Mr. President, those who are at risk of needing welfare. to work, we ought to increase the min- These innovative efforts are already in dan- imum wage. what the Democratic leader has just ger because of the states’ fiscal crises; in- First, I wish to identify myself with suggested is allowing us to vote on wel- creasing work participation requirements the distinguished Senator from Massa- fare reform, but what the Democratic threatens the success of these programs by chusetts and what he just said about leader has insistently refused to do is significantly reducing the help available to the importance of the minimum wage to allow that bill to go to conference. support low-income working families for issue, but I want to talk more to the Of course, a bill passage means nothing child care, and other key services. We be- unless there can be a final resolution lieve this would be a major step in the wrong procedural question. direction. In 1995, when we debated welfare re- on that legislation. So what we are We would also like to correct the percep- form the first time, the Senate had 40 being told is they will give us an appar- tion that states can support higher work par- rollcall votes—40 rollcall votes. The ent victory of passing legislation with ticipation standards without additional re- next year when we dealt with it a sec- no end in sight. The idea that somehow sources. An argument has been made that or another we are going to have a final states have more resources per TANF family ond time, because the bill had been ve- toed, the Senate had 30 rollcall votes, resolution—I think the words of the than they had in 1996. This claim is mis- Senator from South Dakota were leading for several reasons. This line of rea- even under reconciliation. So we have soning assumes that non-TANF Child Care had 70 rollcall votes in the consider- ‘‘final resolution’’—is simply not accu- and Development Block grants (CCDBG), ation of this bill on two occasions in rate. Passing a bill that has already which support many low-income working fewer than 10 years. been passed by the House gets basically families, are used only to support families We have had one vote—one vote—on put in limbo until we go to conference. receiving TANF cash assistance. In fact, the The Democratic leader has been very this bill so far. It was a good vote. I am statute specifically states that CCDBG funds clear about not moving this bill to con- very appreciative of the commitment are to be used not only for families receiving ference. So let’s be perfectly clear, we made on a bipartisan basis to assistance, but also for, ‘‘families who are are absolutely ready—in fact, I will attempting through work activities to tran- childcare. But the real question is, Can offer a unanimous consent. We are ab- sition off of such assistance program, and you have the kind of debate that has solutely ready to give votes on issues families who are at risk of becoming depend- been experienced in the past, that of importance to the Democrats and, as ent on such assistance program.’’ (PRWORA, should be anticipated now with the Section 603). I said before, we are willing to pay a The Administration’s figures also assume benefit of one vote? ransom. But we want to make sure we that all TANF resources are used to support I have offered the distinguished ma- get our victims back, and the victims only families receiving assistance. But jority leader that we could work in this case are the welfare reform bill states have been successful in reducing their through the remaining amendments and FSC/ETI. cash assistance caseloads because they have and finish this bill before we leave next taken advantage of the flexibility in TANF We want to make sure they have a week. I have offered that consistently chance of becoming law, not put in the to support low-income working families, in- through the last several days in the cluding those who have left welfare or those bin of bills that have yet to go to con- who are at risk of needing welfare. The Gen- hope we could reach some agreement. I ference because of some concern about eral Accounting Office reported in April 2002 am very disappointed that we have not fairness in conferences. that ‘‘at least 46 percent more families than been able to find some way with which I ask unanimous consent that at a are counted in the reported TANF caseload to resolve just the procedural dif- time determined by the majority lead- are receiving services funded, at least in ferences. A vote on minimum wage, a er, after consultation with the Demo- part, with TANF/MOE funds.’’ vote on the unemployment compensa- The President has said, ‘‘It is not yet a cratic leader, the Senate proceed to post-poverty America.’’ If we are to reach tion, a vote on relevant amendments to back-to-back votes, first, in relation to this goal, we must maintain strong federal the welfare bill is not too much to ask a public minimum wage amendment, to and state support for welfare reform, so that and, indeed, that has been the practice be followed by a vote on or in relation families can escape the ravages of poverty of the Senate. to the Boxer amendment with no sec- and become self-sufficient. We look forward We are willing to work. This is not a ond-degrees in order to either amend- to working with you on a bipartisan basis to question about whether we support ment; provided further that the bill be achieve these important goals. welfare reform. We will get an over- limited to germane amendments, and Sincerely, whelmingly bipartisan vote on welfare , Bob Graham, Jay Rocke- at 9:30 on Friday, April 2, the sub- feller, Blanche L. Lincoln, John F. reform, as we should. This is not a stitute amendment be agreed to, the Kerry, John Breaux, Edward M. Ken- question of whether we should have bill be read a third time, and the Sen- nedy, Jeff Bingaman, Hillary Rodham anything less than an opportunity to ate proceed to a vote on passage of the Clinton, , Jon S. Corzine, debate issues that are directly relevant bill with no intervening action. Fi- Barbara A. Mikulski, Maria Cantwell, to people’s lives as they try to cope nally, I ask unanimous consent that Chuck Schumer. with the extraordinary financial pres- following the passage of the bill, the Frank R. Lautenberg, Herb Kohl, Tom sures they feel trying to get off wel- Senate insist on its amendments, re- Harkin, Daniel K. Akaka, Russell D. fare. We are hopeful we can do that. Feingold, Byron L. Dorgan, Mary L. quest a conference with the House, and Landrieu, Paul Sarbanes, Dianne Fein- We are hopeful we can work with our the Chair be authorized to appoint con- stein, , Tim Johnson, Republican colleagues and figure out ferees on the part of the Senate. , Dick Durbin, John ways to deal with these relevant I will explain what I have requested, Edwards. amendments and these amendments and that is that we give a vote up or

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3536 CONGRESSIONAL RECORD — SENATE April 1, 2004 down, which has not been allowed on a has succeeded beyond the most optimistic Before reform, welfare was a long-term en- whole host of judges on this side, on expectations. Yet the reforms are nonethe- titlement to a guaranteed income—cash, the issue the Democrats say is the im- less under political siege: Reauthorization of food stamps and medical benefits, and often portant issue of the day, in exchange the major welfare-reform law is now nearly a subsidized housing, too. This income was a for all the germane amendments the year overdue and seems mired in Capitol Hill limited one, but it was given without any politics. And last week the City Council gut- work requirement. So a woman on welfare, Democrats would like to offer between ted the welfare-to-work policies that made particularly one with school-age children, now and tomorrow morning. And if New York City one of the brightest examples also gained something everyone values—lots they would like a little bit more time of reform’s success. of time to spend on activities of her choos- tomorrow, we would be happy to do One can only hope that Congress will listen ing. that, but passage and conference, that to the message of a large body of research Welfare reform changed all that. Strict is what this request asks. that the council totally disregarded—and work requirements sharply curtailed discre- Historically in the Senate, when we pass a bill that retains the emphasis on work tionary time. The five-year time limit meant passed a bill we automatically went to that has served us so well. that long-term welfare support was no longer conference. That has changed. So now In 1995 and ’96, many in the policy commu- an option. Faced with a dramatic shift in in- nity predicted disaster—children crushed by we have to specifically include to do so centives, some women who would have gone poverty and neglect—if work-oriented re- on welfare did not do so, while many on wel- in the unanimous consent or we do not form were approved. Instead, as documented fare chose to leave welfare much sooner than get to conference. in the recent Manhattan Institute report I they would have. I ask unanimous consent according wrote with Anne Hill, the poverty rate for The commitment to join the workforce has to what I just read. single mothers, the major group affected by given single mothers the impetus to gain the The PRESIDING OFFICER (Mr. GRA- welfare reform, has fallen by a record skills and experience essential to improving HAM of South Carolina). Is there objec- amount, from 40 percent to 32 percent be- their lives. Indeed, my recent research shows tion? tween reform’s passage in 1996 and 2001. that women did better economically the Mr. DASCHLE. Reserving the right Underlying this drop in poverty was a dra- longer they stayed off welfare and in the to object. matic rise in the employment of single workforce. Poverty rates dropped 50 percent The PRESIDING OFFICER. The mi- mothers and an earnings gain large enough for women who did these things for four to more than offset the decline in welfare years. nority leader. benefits: Single mothers saw their incomes Mr. DASCHLE. I simply say that on Why? Each year in the workforce brings rise by more than 20 percent over the same additional money—their hourly pay rose 21 occasions now when we have com- period. about 2 percent (after inflation) per year pleted our work on a bill, we have done As to the children, a recent study by worked, 3 percent if they stayed with one what is actually the normal process. Northwestern University’s Lindsay Chase- employer for that time—enabling many to We have— Lansdale and others found that mothers’ raise themselves out of poverty. Mr. SANTORUM addressed the Chair. transitions off welfare and into employment Welfare reform succeeded because it made Mr. DASCHLE. I am reserving the were not associated with negative outcomes going to work more attractive than going on right to object, and I assume I have the for their preschool or young adolescent chil- welfare. Reauthorization of reform is being floor. dren. held up and threatened by the failure of The PRESIDING OFFICER. The Sen- New York City was perhaps the ultimate many in Congress to recognize this point. testing ground for reform. In 1996, prior to ator from Pennsylvania has the floor. Some would tie reauthorization to an in- passage of the reform law, 10 percent of the crease in the ability of single mothers to There is no right to reserve the right city’s population was receiving welfare bene- substitute education and training programs to object. fits, compared to only 3 percent in the rest of for work experience. Such proposals sound Mr. SANTORUM. Mr. President, I am the state and 5 percent nationwide. More- good—and typically were the centerpiece of happy to let the Senator from South over, that number had fluctuated little in the failed welfare initiatives of the past—but Dakota talk on his time since my time decades. But by December 2002, the city wel- they fly in the face of what we know about is limited. If he would not mind taking fare rolls had dropped 55 percent, even in- why welfare reform worked, in New York his time, he could reserve the right to cluding those getting state and city rather City and throughout the country. object. than federal aid. And the number of recipi- Mr. DASCHLE. Mr. President, I sim- ents continued to fall despite the painful (From , Mar. 6, 2004) 2001–2002 recession. THERE’S MORE WELFARE TO REFORM ply reserve the right to object and ask What happened to the people who left wel- consent that the bill be sent to the fare? A 1997 Columbia University study pre- (By Douglas J. Basharov) House once it has been completed. dicted that 500,000 single mothers would be When the landmark 1996 welfare reform The PRESIDING OFFICER. The Sen- forced into poverty within five years. That law came up for reauthorization in 2002, easy ator from Pennsylvania. prediction proved totally wrong: The poverty approval was expected. After all, the legisla- Mr. SANTORUM. Mr. President, I ob- rate among the city’s single mothers fell by tion was popular, it had originally passed ject to that modification because what more than a fifth, from 52 percent to 40 per- with significant bipartisan support and, well, the Senator from South Dakota has cent. Far from ending up helpless and in dep- it was working, with the number of people on just said is, no, I will not let the bill go rivation, single mothers moved into the welfare down an astonishing 60 percent since workplace in record numbers. states started putting reforms in place. to conference. That is what sending the Some have tried to explain away these But instead of sailing through Congress, bill back to the House means, which positive developments by claiming that they the reauthorization effort became trapped in means, no; no conference. were caused by the 1990s economic boom. a political tug of war between Republicans As we all understand, without con- That explanation fails under scrutiny. In our (who wanted tougher work requirements ference we do not get closure. Without Manhattan Institute report, we find that added to the law) and Democrats (who want- closure, we do not get a bill and we do welfare reform can account for more than 40 ed increased federal money for child care). not help millions of Americans get out percent of the rise in single-mother employ- Instead of reauthorizing the law, Congress of poverty. What we are playing is poli- ment between 1996 and 2001; the boom was re- has simply extended it several times, and tics. sponsible for less than 10 percent. now it looks as if there will be yet another I commend to my colleagues a Of course, it is always difficult to separate extension. That’s a shame—because the leg- out statistically the net effects of different islation needs to be updated now. Brookings Institution Policy Brief of variables when both are changing. However, Despite the law’s success in getting people September 2003 ‘‘Welfare Reform & Be- our formal statistical analysis is bolstered to join the work force, roughly two million yond #28.’’ by historical observations which clearly families remain on welfare, many headed by Mr. President, I ask unanimous con- show that both the welfare and work partici- single mothers who are unable to get—or sent to have several articles printed in pation of single mothers in the pre-reform keep—a job because of limited education and the RECORD. period was only weakly responsive to the ups skills. There being no objection, the mate- and downs of the business cycle. This ex- The Bush administration’s reauthorization rial was ordered to be printed in the plains why welfare rolls have not risen much proposal focused on these mothers. Because few states had made a concerted effort to RECORD, as follows: during the recent recession and in many places have continued to decline. move them into programs that build specific [From the New York Post, Apr. 14, 2003] In other words, single mothers didn’t leave job skills, the administration called for WELFARE REFORM WORKS, YET POLS SEEK welfare for work because a good economy states to adopt tougher work and training ROLLBACK IN N.Y.C. AND U.S. pulled them in. They left because welfare re- requirements. Under the proposal, states (By June O’Neill) form changed the incentives single mothers would have to put 70 percent of their adult Politicians and experts from the left and face, making work a much better option for recipients in these designated activities for the right acknowledge that welfare reform them in the short and long-terms. 40 hours a week.

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3537 The administration’s proposal was not more recipients to work 40 hours a week in- Some critics insist that all employable quite as tough as it seemed. It had a number stead of the current 30 and stop vocational adults have already left welfare, leaving only of participation exemptions. What’s more, as training from counting as ‘‘work.’’ individuals with insurmountable personal the bill moved through the legislative proc- Bad idea, the critics say. They claim that barriers to work. Not true. Urban Institute ess, it was watered down in order to win sup- education and training programs lead to suc- data reveal the current welfare recipients port from moderates on both sides of the cessful high-paying careers, while putting are no less work-ready than those who have aisle. welfare recipients to work immediately left welfare. In fact, a substantial number of But the administration was reluctant to traps them in low-paying, dead-end jobs. them aren’t classified as having any barriers broadcast the legislation’s softer side—doing Wrong. to work. And most of those with such bar- so might undermine its pro-work rhetoric. Welfare recipients assigned to immediate riers as a lack of transportation, a slight dis- That silence played into the hands of Demo- work see their earnings increase more than ability or an inability to speak English can, crats. If the Republicans wanted welfare twice as fast over the following five years as in fact, land jobs. But their chances of doing mothers to work more, they argued, there those first placed in education-based pro- so are much better if we insist on immediate should be a parallel increase in child care fi- grams, according to calculations we made work. using data from the Manpower Demonstra- nancing. The PRESIDING OFFICER. Is there The Democrats had a point. But their de- tion Research Corp., a New York-based non- mand for as much as $10 billion in additional profit group. In fact, most government-run objection to the unanimous request of child care aid went far beyond the needs of job training programs barely raise hourly the Senator from Pennsylvania? welfare families. It would have covered fami- wage rates at all, a report commissioned by Mr. DASCHLE. I object. lies that had never been on welfare—and the U.S. Labor Department reveals. The PRESIDING OFFICER. The ob- were in no danger of needing it. Over time, If the goal of welfare reform is to raise jection is heard. the Democrats lowered their demands; at earnings while reducing dependency, then The Senator from Montana. this point, they would probably settle for quickly moving welfare recipients into real Mr. BAUCUS. Mr. President, I rise to about $6 billion over five years, which is still jobs is the answer. Prolonged classroom training tends to be the dead end. oppose the pending motion to invoke more than what is needed to carry out the cloture. We are here today because the administration’s plan. Before the 1996 welfare reforms, the Aid to For the past two years, the administration Families with Dependent Children (AFDC) majority chooses not to allow a vote on has rejected such large spending increases safety net was just that—a net not only a minimum wage. It is that simple. and, given the criticism President Bush is re- catching but also trapping nearly all who fell That is wrong. It is wrong because ceiving for the growing federal deficit, it into it. Welfare reform replaced AFDC with a the millions of hard-working Ameri- seems unlikely that he will give the Demo- program called Temporary Assistance to cans making the minimum wage de- crats what they want. The Democrats’ posi- Needy Families (TANF). This program was designed not as a net but as a trampoline, serve a raise. It is wrong because the tion likewise seems to be hardening. They Senators from California and Massa- are now talking about waiting for a Presi- springing families back up to self-sufficiency dent John Kerry to reauthorize welfare re- by placing adults in permanent jobs. chusetts also deserve to get a vote on form. The undeniable success of this approach is their amendment. It is not right that a The stalemate is doubly painful because demonstrated by the more than 5 million person who has a full-time job at min- there are clear grounds for compromise. Re- people (including 3 million children) who imum wage still has to live in poverty, publican modifications have resulted in work have risen out of poverty since the law was but that is where we are today in requirements that, if clarified, would enjoy enacted. After remaining static for nearly a America. wide support. Democrats know that reau- quarter-century, the poverty rate of black children has dropped by a third and is now at For a family of three, let’s say a thorizing the legislation now will ensure mom and two kids, the gap between the that states get modest but still substantial the lowest point in U.S. history. The poverty increases in child care money. Another rate for single mothers has plummeted in a poverty line and the minimum wage is year’s wait would keep the states at 2002 fi- similar manner since 1996; it, too, is at the $3,681. That is right, a family would nancing levels, something that has so far lowest point in national history. need $3,681 more just to get up to the cost them $400 million. But welfare reform wasn’t perfect. Today poverty level, and that is before taking Further delay would also forestall des- less than half of TANF adult recipients are into account the cost of child care, employed or preparing for employment in perately needed changes to the legislation. which is a big factor, or the cost of gas- States have to be encouraged to address the any way. Most remain idle and continue to collect welfare checks. oline for the car—we know how much needs of the hardest-to-employ welfare re- gasoline prices are rising—or the cost cipients by toughening participation require- President Bush and his congressional allies ments. Judging by the experience of the want to strengthen welfare reform by in- of clothes for a job. Often a person has states that have had the most success mov- creasing the TANF work-participation rate to buy separate clothes for a job. ing these mothers into employment, we to 70 percent; opponents seem content ex- If we want people to be able to move should require 50 percent of a state’s welfare cluding millions of families from working or off welfare and into work—and that is recipients to spend 24 hours a week in re- even preparing to work. Yet those who would what we want, people off welfare into enact legislation that leaves hundreds of quired activities—perhaps 32 hours a week work—we have to make sure the work for mothers with no children under the age thousands of welfare recipients in idle de- pendence are clearly harming those they they get pays enough so they can get of 6. States should be given greater flexi- off welfare and lift them out of pov- bility in how they reach this level, so long as wish to help. at least 10 percent of their welfare recipients And those who believe welfare recipients erty. That is what we have to do, and are in mandatory community service or on- are better served by education and training that is why increasing the minimum the-job training programs. (A separate ex- programs are ignoring the skills that would wage is so important. emption of up to 15 percent would be needed help these poor adults the most. A study con- Most people who are on welfare will ducted by the Washington-based Urban Insti- for the disabled.) say they want to get off welfare; they To cover additional child care and admin- tute shows that employers consider a posi- tive attitude, reliability, work ethic and do not like it; they hate it. That is istrative costs, a formula should be estab- what they tell me. I have talked to a lished that ties payments to the states to in- punctuality the most important traits they creases in participation. The question of look for when hiring for entry-level posi- lot of people on welfare. One of the whether there should be more federal aid for tions. These traits can’t be taught in a class- main reasons they will say it is so dif- child care should be reviewed on its own room, or as part of a training program—they ficult to get off welfare is because the merits, not under the guise of welfare re- are acquired through firsthand work experi- job that pays at minimum wage does form. ence. Not surprisingly, the same employers not pay enough for them to get by. I consider job training the least important This kind of bipartisan compromise is have heard that countless times. They never easy in an election season. But two qualification. Unlike those stuck in a classroom or gov- are working full time but they cannot million American families are still trapped make ends meet. We need to raise the on welfare. Can we really afford to wait an- ernment-run job-training office, individuals other year? placed in immediate work gain real-world minimum wage to help people get off experience mastering job duties. As they welfare. (From , Aug. 5, 2003) build work records, more job options and The vote today is also about another higher earnings become available. In the WORK: THE KEY TO WELFARE point. The Senators from California meantime, even minimum-wage parents can and Massachusetts deserve at least to (By Brian Riedl and Robert Rector) use the earned income tax credit, food Should Congress make work requirements stamps, Medicaid, the Child Care Develop- have a vote on their amendment. They for welfare recipients stricter? That’s what ment Fund and the school lunch program to are willing to enter into a short time would happen under a bill the House of Rep- raise their total income to two-thirds above agreement. They are not delaying. resentatives has passed. It would require the federal poverty line. They say, sure, let’s have a vote on

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3538 CONGRESSIONAL RECORD — SENATE April 1, 2004 their amendment, with a short time The PRESIDING OFFICER. Is there [Rollcall Vote No. 65 Leg.] agreement. They are not delaying. It is objection? YEAS—51 the other side which is preventing Without objection, the clerk will call Alexander DeWine McCain them from having a vote. the roll. Allard Dole McConnell We on this side of the aisle do not Allen Domenici Miller The assistant journal clerk proceeded Bennett Ensign Nickles wish to delay this bill. We are willing to call the roll. Bond Enzi Roberts to work to get a finite list of amend- Mr. DASCHLE. Mr. President, I ask Brownback Fitzgerald Santorum ments. We are willing to enter into a unanimous consent the order for the Bunning Frist Sessions time agreement on amendments. We Burns Graham (SC) Shelby quorum call be rescinded. Campbell Grassley Smith are not asking for anything out of the The PRESIDING OFFICER. Without Chafee Gregg Snowe ordinary. objection, it is so ordered. Chambliss Hagel Specter I remind my colleagues that during Cochran Hatch Stevens the 13-day period for which the Senate SENATOR BYRD’S17,000TH VOTE Coleman Hutchison Sununu Mr. DASCHLE. Mr. President, I Collins Inhofe Talent considered the basic bill, the 1995 wel- Cornyn Kyl Thomas fare bill, September 7 to September 19 would inform my colleagues that with Craig Lott Voinovich of 1995, the Senate conducted 43 rollcall this vote we will witness history. Sen- Crapo Lugar Warner votes on amendments. So far this year ator BYRD will have cast his 17,000th NAYS—47 vote. No Senator in all of history will we have conducted one, and yet there Akaka Dorgan Levin is a cloture motion to try to stop de- have done that. I will have more to say Baucus Durbin Lieberman bate. That is not the way to legislate. about that after the vote. Bayh Edwards Lincoln We are not asking for anything out of I yield the floor. Biden Feingold Mikulski Bingaman Feinstein Murray the ordinary. We merely ask that Sen- CLOTURE MOTION Boxer Graham (FL) Nelson (FL) ators be able to offer amendments and The PRESIDING OFFICER. Under Breaux Harkin Nelson (NE) get votes on their amendments. Byrd Hollings Pryor the previous order, pursuant to rule Cantwell Inouye Reed We have time agreements, we have Carper Jeffords XXII, the clerk will report the motion Reid lists, and so forth. That is what this de- Clinton Johnson to invoke cloture. Rockefeller Conrad Kennedy bate is about. I urge my colleagues to The assistant journal clerk read as Sarbanes uphold the rights of Senators. I urge Corzine Kohl follows: Daschle Landrieu Schumer Senators to vote to increase the min- Dayton Lautenberg Stabenow CLOTURE MOTION imum wage. I urge Senators to oppose Dodd Leahy Wyden We the undersigned Senators, in accord- cloture. NOT VOTING—2 How much time does each side have ance with the provisions of rule XXII of the Kerry Murkowski remaining? Standing Rules of the Senate, do hereby The PRESIDING OFFICER. Ten sec- move to bring to a close debate on the sub- The PRESIDING OFFICER. On this stitute amendment to Calendar No. 305, H.R. vote, the yeas are 51, the nays are 47. onds. 4, an act to reauthorize and improve the pro- Mr. BAUCUS. I yield back the re- gram of block grants to States for temporary Three-fifths of the Senators duly cho- mainder of my time. assistance for needy families, improve access sen and sworn not having voted in the The PRESIDING OFFICER. The Sen- to quality child care, and for other purposes. affirmative, the motion is rejected. ator from Pennsylvania. , Charles E. Grassley, John E. Mr. FRIST. I move to reconsider the Mr. SANTORUM. Mr. President, I re- Sununu, Conrad Burns, Lamar Alex- vote. iterate that we are perfectly willing to ander, Peter G. Fitzgerald, Larry E. Mr. DASCHLE. I move to lay that give up-or-down votes for a chance to Craig, , Robert F. Bennett, motion on the table. pass this bill. I have asked unanimous John Ensign, Orrin G. Hatch, Mike The motion to lay on the table was Enzi, Mitch McConnell, Ted Stevens, consent and the other side has said no. agreed to. I have heard so much about everyone Norm Coleman, James M. Inhofe, Kay Bailey Hutchison. The PRESIDING OFFICER. The ma- having a right to get up-or-down votes. jority leader. We have had a debate on the floor of The PRESIDING OFFICER. By unan- the Senate for a year and a half about imous consent, the mandatory quorum f up-or-down votes on Federal judges. So call has been waived. CONGRATULATING SENATOR ROB- maybe we can exchange up-or-down The question is, Is it the sense of the ERT C. BYRD ON CASTING HIS votes. Senate that debate on the pending 17,000TH VOTE committee substitute amendment to I ask unanimous consent that we Mr. FRIST. Mr. President, I would H.R. 4, an act to reauthorize and im- have an up-or-down vote on the Boxer- like to take a moment to remark on a prove the program of block grants to Kennedy amendment, followed by a truly historic moment that just took States for temporary assistance for vote on a McConnell relevant amend- place about 15 seconds ago, a moment needy families, improve access to qual- ment dealing with minimum wage, in we all witnessed which is special in ity childcare, and for other purposes, exchange for a vote on Calendar No. United States history in a way we will shall be brought to a close? 169, Carolyn Kuhl, of California, to be a shortly lay out. judge on the Ninth Circuit Court of Ap- The yeas and nays are mandatory Senator is already rec- peals, and Calendar No. 455, Janice under the rule. ognized as an American icon. In 1917, Rogers Brown to be United States Cir- The clerk will call the roll. he began life as a virtual orphan. His cuit Judge for the District of Colum- The assistant legislative clerk called mom passed away when he was a year bia. the roll. old. His aunt and uncle brought him to The PRESIDING OFFICER. Is there Mr. MCCONNELL. I announce that West Virginia to raise him on their objection? the Senator from Alaska (Ms. MUR- own. Mr. BAUCUS. I object. KOWSKI) is necessarily absent. The PRESIDING OFFICER. The ob- Hard working, enterprising, ROBERT Mr. REID. I announce that the Sen- jection is heard. BYRD made the most of every single op- Mr. SANTORUM. So we understand ator from Massachusetts (Mr. KERRY) portunity along the way and rose to be- up-or-down votes only apply to their is necessarily absent. come the third longest serving Member amendments and the things they want I further announce that, if present of Congress in U.S. history. to do, not what Republicans want to and voting, the Senator from Massa- Among his many distinctions, Sen- do. chusetts (Mr. KERRY) would vote ator BYRD has held more leadership po- We need closure and we are not get- ‘‘nay.’’ sitions in this body, the U.S. Senate, ting it. The PRESIDING OFFICER. Are there than any other Senator in American The PRESIDING OFFICER. All time any other Senators in the Chamber de- history. has expired. siring to vote? Over the course of eight consecutive Mr. REID. Mr. President, I suggest The yeas and nays resulted—yeas 51, terms, Senator BYRD has cast more the absence of a quorum. nays 47, as follows: votes than any other Senator in the

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3539 history of the Republic. Today, just a the last 3 years, Mrs. Byrd’s delicate shortcomings. I have said things from couple minutes ago, Senator BYRD cast health, and Senator BYRD’s desire to be time to time that I regretted. We are his 17,000th vote in this Chamber. I ap- with her as much as possible, to sup- all human. But my colleagues have plaud Senator BYRD for his commit- port her, has made it even more dif- been considerate of me, and I thank ment to public service. This vote is ficult for Senator BYRD to answer them. truly a milestone in his career and the every rollcall vote. Yet he has contin- Pericles, the brilliant Athenian history of the U.S. Senate. ued to do so. statesman, gave mankind one of the Without question, when history is We are privileged to work with him. greatest funeral orations ever made. written, Senator BYRD will hold a On this historic occasion, we con- This address was delivered in 431 BC as prominent place as a Senate legend. gratulate him. And we thank ROBERT a memorial to the first Athenian sol- The PRESIDING OFFICER. The mi- and Erma BYRD for all they have given dier who fell in the Peloponnesian War. nority leader. this Senate and our Nation. In this address, Pericles said: Mr. DASCHLE. Mr. President, I join (Applause, Senators rising.) It is greatness of soul alone that never the majority leader and all the Mem- Mr. BYRD. Thank you. grows old, nor is it wealth that delights in bers of our body in congratulating Sen- The PRESIDING OFFICER. The sen- the latter stage of life as some give out, so ator BYRD on reaching this historic ior Senator from West Virginia. much as honor. Mr. BYRD. Mr. President, 17,000 votes milestone. I thank him for his half cen- And so it is honor itself that never ago, I achieved a dream. I stood on the tury of service to the U.S. Congress. grows old. I thank my colleagues for floor of the U.S. Senate and prepared Seventeen thousand votes is an aston- the honor they show today. to cast my first vote as a Senator from ishing number. It is even more aston- Finally, but most of all from Chron- the Mountain State of West Virginia. ishing when you consider that Senator icles, 29th chapter, verses 11 and 12: BYRD has now cast 652 more votes than Seventeen thousand votes later, I still feel much the same. It is a great honor, Thine, O Lord, is the greatness, and the the first runner-up, Senator Thurmond. power, and the glory, and the victory, and He has served 2 years less than Senator a great privilege to serve the people in the majesty: for all that is in the heavens Thurmond. the Senate. and in the earth is thine; thine is the king- Here is another remarkable statistic: Ours is a glorious country. Its people dom, O Lord, and thou art exalted as head In the last 45 years in the Senate, ROB- are wise. They are brave. They are above all. ERT BYRD has voted on 98.72 percent of hard-working and fairminded. Both riches and honor come of thee, and the questions put before this body. He Once it was possible for a poor young thou reignest over all; and in thine hand is has missed only about 1 percent of all man with no important connections, power and might; and in thine hand it is to make great, and to give strength unto all. votes cast over 45 years—the second with no PR firm behind him, with no highest percentage of all Senators who fundraising apparatus racing at full (Applause, Senators rising.) have cast 10,000 votes or more. tilt, to simply go out to the people, The PRESIDING OFFICER. The Sen- From July 25, 1984, through Sep- carrying his fiddle and having a mind ator from Alaska. tember 17, 1997—a period of more than full of poetry, and on the strength of Mr. STEVENS. Mr. President, the Senator from West Virginia honors us 13 years—Senator BYRD did not miss his energy and his convictions, to be one single vote. He cast 4,705 consecu- elected to the greatest deliberative all with that last statement he made. tive votes—the second highest consecu- body the world has ever known. Over the years I have been here, it tive vote total in Senate history. Of That time is light-years away from has been my privilege to travel with the 11,708 persons who have ever served today’s reality. Too often now in the Senator from West Virginia to in the U.S. Congress, only two have America it is the size of the pocket- many events. I want to recall one for the Senate that I am sure the Senator served longer than ROBERT C. BYRD. book that elects public officials. I re- But what makes Senator BYRD’s vote gret that change. It keeps people out of will remember. totals and voting percentages even public service instead of welcoming We were in West Virginia with the more remarkable are some of the other them into public service. British American Parliamentary Con- ference. One of our guests from Britain achievements Senator BYRD has re- This Senate is the forum which exists corded over these last 45 years. to welcome and to protect the airing of made the mistake of saying it was too He is the first person ever to start all points of view. Both sides of the bad that their American cousins did and finish a law degree while serving in aisle need to work together to ensure not know anything about British his- Congress. It took him 10 years. He that the Senate will stay true to its tory. graduated from American University constitutional purpose. We swear an My colleague was the host that Law School in 1963. President Kennedy oath before God and man to support evening. And making a closing state- was his commencement speaker. and defend this Constitution. Many ment for that dinner, Senator BYRD de- In 1994, he fulfilled a lifelong ambi- times I have sworn that oath before cided to show our British cousins his tion. He finally received his bachelor’s God and man to support the Constitu- wealth of knowledge about the history degree from Marshall University tion of the United States. of Britain and proceeded to name every summa cum laude—the first person in I have had a good run in this wonder- monarch, every spouse, every person his family ever to go to college. ful institution. And like Majorian, who had a personal relationship with There are two reasons Senator BYRD who, when he became Emperor of the every monarch, and a complete history has reached this historic 17,000-vote Roman Empire in 457 AD said, ‘‘I still of the monarchy of Great Britain. milestone. First, ROBERT C. BYRD be- glory in the name of Senator.’’ Needless to say, when he finished, lieves, in his bones, if you have a job to My patient and devoted wife Erma, which was quite a few minutes later, do, you do it. He is a coal miner’s son with whom I will celebrate a 67-year- the British stood and applauded po- who has worked hard all of his life. He long partnership 58 days from now, the litely, and we have never heard such a got his first job when he was 7, selling Lord willing, deserves much of the comment again from our British cous- the Cincinnati Post. He has been a credit for that good run. I also thank ins. There have been many other occa- produce boy, a gas station attendant, a my talented staff for their tireless sions we have had together. head butcher, and the owner of a small work and dedication. I wanted to say that one of the great grocery store. He is a man who believes No man is an island, and I have had joys of serving in the Senate is my in earning his pay, who knows how it the good fortune to have many stead- being able to get to know my friend feels to fall asleep at night exhausted fast friends and supporters over the from West Virginia. We have had our but proud for having met his respon- years. To the people of West Virginia, I disagreements, but that is natural be- sibilities for 1 more day. owe my everlasting gratitude. They cause this aisle separates us once in a The other reason Senator BYRD has have expressed their faith in me time while. But nothing has separated ROB- reached this milestone is because of his and time again. I am proud to be their ERT BYRD from each Senator in the great love of West Virginia, of this Na- Senator, and I hope to continue to Senate. He has been the most agreeable tion, and of the Senate. serve for a long while. Senator, on a personal basis, that I Of course, the greatest love in Sen- I thank my colleagues. They have have known in the Senate. I think ator BYRD’s life is his wife Erma. For been patient. They have known my every Senator will say the same thing.

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3540 CONGRESSIONAL RECORD — SENATE April 1, 2004 He always has a smile. He always in- here today, who is so much part of his Will the Senator yield? creases that smile if we remember to life and who brings out even in saying And then proceeded to give a history ask about Erma. her name a great emotion in me, and of the maiden speeches of the Senate. Mr. President, I join in the applause, that is his absolutely wonderful, won- What a mark upon this junior Senator, but I think the Senate itself has been derful wife Erma, honors us by his what a pleasant memory that he is honored today to witness this historic service. such a great mentor to all of us. We mark in his career. I was with him earlier this morning thank him. The PRESIDING OFFICER. The Sen- as he was talking to schoolteachers I thank the Chair. ator from Nevada is recognized. from all over the United States who The PRESIDING OFFICER. The Sen- Mr. REID. Mr. President, I wanted to are trying to get their students to ator from Massachusetts. say that last night I had the pleasure write better. It is called the ‘‘writers Mr. KENNEDY. Mr. President, it is of going to the Smithsonian Institu- project,’’ which he has been instru- entirely appropriate for the Senate to tion and meeting members of the Base- mental in doing. He talked to them of pause for a few moments to recognize ball Hall of Fame. There were people public service and the need for accu- not only the record of 17,000 votes, but there who were, to me—as a young boy, racy and being fair. What he was really also the presence and continued service I wanted to be a baseball player and al- saying is that doing something in your of a remarkable man who happens to be ways listened to the game of the day. life which is not only important but the senior Senator from West Virginia. There were people there, including which you give yourself to profoundly, BOB BYRD is our Lou Gehrig the iron Gaylord Perry, Dave Winfield, Joe Mor- completely, an utter devotion to duty, man of the Senate. For me, BOB BYRD gan, Sandy Koufax, Stan Musial. is what separates the great and the personifies what our Founding Fathers I have to say to my friend from West near great. were thinking about when they were Virginia, as great an experience as that I am very proud to serve with Sen- thinking about a . was for me visiting with those great ator BYRD. We have served together for He brings the kind of qualities that the athletes of yesteryear, that pales in 20 years now and have known each Founding Fathers believed were so im- comparison to the experiences I have other for close to 40 years. Our wives portant for service to the Nation. had while serving with the ‘‘Babe are good friends; we are good friends. I When history records his remarkable Ruth’’ of the U.S. Senate. sit behind him in the seat that Senator service to the United State Senate, When I was elected to this leadership Moynihan used to occupy. I enjoy see- they will find there has been no one— job, Senator BYRD supported me. I ing people coming up to him and mak- no one—in this body who has defended wrote him a letter—and I am confident ing their case, which talks not only of the Constitution of the United States he remembers that like he does every- his courtesy, because he is so often on more vigorously, tenaciously, and with thing else—and I said I believed he was the floor, but also of his power to get a greater understanding, awareness, the Babe Ruth of the U.S. Senate. things done, which then makes me say and belief in its words. When I say that, he is a member of the that there is no possible way to de- There has been no one in history that hall of fame, of course, but the Babe scribe, from the point of view of the has better understood the importance Ruth in the Baseball Hall of Fame Senators in my State of West Virginia, of the United States Senate and its stands above all the rest. In the Sen- what he has meant, does mean, and role in our great democracy. BOB BYRD ate, Senator ROBERT BYRD stands will mean for that State. understands what our Founding Fa- above all of us. I have a degree in his- West Virginia is a State that has al- thers intended, and because of his con- ways had to struggle. We have always tory and I know something about it. I stant and persistent efforts, this insti- had to keep pushing the rock uphill, know we have great Senators here, but tution is finer and all of us are finer not daring to take one hand off for fear I have had the opportunity to serve Senators. that the rock may roll back over the with the greatest. Senator BYRD, we are grateful for top of us. It takes a tough person and The PRESIDING OFFICER. The Sen- your service and this country is appre- a moral person and a determined per- ator from West Virginia is recognized. ciative and grateful for your defense of son to fight the battles that are needed Mr. ROCKEFELLER. Mr. President, I the Constitution and for your service to be won for our people in West Vir- rise for a moment to add my voice to to this country. I am grateful to have ginia. That comes to Senator BYRD in- those who praise Senator ROBERT C. you as a friend. stinctively. BYRD. I think what every public serv- The PRESIDING OFFICER. The Sen- I am so proud of this day because I ant deserves, and occasionally gets, is cannot help but feel that when Senator ator from Connecticut. a recognition that his or her service is Mr. DODD. Mr. President, I add my BYRD goes to bed tonight, he will have in fact profoundly appreciated. That is voice as well to my seatmate, if I may. a strong and profound sense of satisfac- usually not the case. The American I sit in this chair by choice. Senator tion—not that he needs to feel that, people are not as aware of what goes on but that will make me feel better if he BYRD sits in his chair by choice as well, in these Halls, or even in their own leg- does feel that, because he serves our but he makes the choice before I do. I islative halls, as they ought to be. State and our Nation as few people wanted to find out where he was going But I take special happiness out of have in the history of our country. to sit so I could sit next to him. I did this day for Senator BYRD because he I yield the floor. that because I wanted to sit next to the has accomplished something that no- The PRESIDING OFFICER. The Sen- best, to learn everything I possibly body else has with his 17,000th vote. He ator from Florida is recognized. could about the ability of this institu- rose to cast his vote, as he always does. Mr. NELSON of Florida. Mr. Presi- tion to provide the kind of leadership I When somebody comes to greet him, dent, I join with our colleagues and think the country expects of us. argue with him, plead with him, and he just tell Senator BYRD what a mentor Several thoughts come to mind. This is at his seat, he always rises, be that he has been to the newer Members of is a day of obvious significance in the a man or a woman. He has brought, in the Senate. There are moments and ex- number of votes that have been cast, my judgment, not only a tautness to periences here that one never, never 17,000, but it is far more important to the debates that we have in this Cham- will forget. I will never forget the first talk about quality than quantity. ber, not always agreeing with the ma- time, with somewhat trembling knees, Quantity is not an insignificant jority or with the minority, but he I rose to give my first speech. In the achievement, but the quality of my knows his mind and he knows his soul, course of that speech, I happened to colleague and friend’s service is what I and he knows his God. He does not de- mention it was my maiden speech in think about when the name ROBERT C. viate from that and he cares not who the Senate. BYRD comes to my mind. appreciates that or who doesn’t. Of course, I was speaking to an I carry with me every single day, 7 In other words, Senator BYRD is a empty Chamber, except for the Pre- days a week, a rather threadbare copy man who, over the years, through the siding Officer. All of a sudden, the of the United States Constitution given crucible of tough experiences and doors swing open and in strides Sen- to me many years ago—I can’t even steadfast devotion not only to his God ator BYRD. As I finished my remarks, read it well now; it is so worn out—I but also to the great figure who is not Senator BYRD rose to his feet and said: may need a new copy—given to me by

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3541 my seatmate, ROBERT C. BYRD. I revere leagues who have been here the long- the history of the United States of it. I tell people why I carry it because est, but also the more junior Members America that is not likely to be re- it reminds me of the incredible gift of the Senate, such as myself. peated. given to me by the people of Con- When I arrived here in January 2001, Our colleague, the distinguished and necticut to serve in this Chamber, to just a little over 3 years ago, I was one senior Senator from West Virginia, remind me of the importance of an of 12 freshman Senators from both ROBERT C. BYRD, has just cast his oath we all made, and that is to do ev- sides of the aisle. We were given many 17,000th vote in this body. I do not rise erything we can to preserve, protect, words of encouragement from our col- today to bring any embarrassment to and defend the principles upon which leagues, but basically left to find our my colleague. I am honored to call him this Nation was founded. ROBERT C. own way or flounder along the way. It friend. I rise to congratulate and honor BYRD, in my mind, is the embodiment was Senator BYRD who took it upon him, and to note the historical span of of that goal. himself to convene tutorials with the his service to our country. It has often been said that the man 12 of us. We convened promptly at 4 On January 8, 1959, Senator BYRD and the moment come together. I do o’clock in his office, and he shared with cast his first vote in the Senate. Fit- not think it is an exaggeration at all to us his perspective on the Senate. tingly, it was a vote on Senate proce- say to my friend from West Virginia From the four volumes he has orated dure. He has since become a master of that he would have been a great Sen- and published as the history of the U.S. the rules of the Senate. When Senator ator at any moment. Some were right Senate, as well as the volume he orated BYRD rises and raises a parliamentary for the time. ROBERT C. BYRD, in my from his own direct knowledge and point, a hush falls over this Chamber, view, would have been right at any reading about the Roman Senate, there respectful of the fact that this man time. He would have been right at the is no one who possesses more wisdom from West Virginia knows more about founding of this country. He would and a broader understanding of the his- the procedure and rules of the Senate have been in the leadership crafting torical role and the responsibility of than any person. this Constitution. He would have been this body and this great democracy and On April 27, 1990, Senator BYRD cast right during the great conflict of civil Republic. his 12,134th vote earning him the war in this Nation. He would have been Those of us who had the benefit of record for the greatest number of roll- right at the great moments of inter- those tutorials learned more from call votes in Senate history. national threat we faced in the 20th those sessions about how to conduct On May 5, 1998, he became the first century. I cannot think of a single mo- ourselves in the Chamber where he has Senator in history to cast 15,000 votes. ment in this Nation’s 220-plus year his- served with such greatness than from Let us put this in historic context. tory where he would not have been a anything else. When Senator BYRD cast his first vote, valuable asset to this country. Cer- When the time came for us to pre- Senators John Kennedy and Lyndon tainly today that is not any less true. side, as we took the majority, I had the Johnson were in the Chamber with him I join my colleagues in thanking the opportunity, through many hours, to and was the Presiding Senator from West Virginia for the watch and listen to Senator BYRD, par- Officer of the body. When he cast his privilege of serving with him. He has ticularly in the fall of 2002 when we first vote, Hawaii had not yet become a now had to endure two members of my were debating the resolution to give State and the United States had not family as colleagues. Senator BYRD was the President authority to make the yet launched a man into space. When elected to the Senate in 1958 along with final decision on whether to commit he cast his first vote, a state-of-the-art my father. He served with my father in this Nation to war in Iraq. computer would have taken up half the the House. I have now had the privilege Senator BYRD was heroic in standing space of this Chamber and had roughly of serving with Senator BYRD for 24 forth and taking a stand which I sup- the same amount of computing power years, twice the length of service of my ported because of the compelling wis- as today’s Palm Pilot. father. That is an awful lot of time to dom of his words and the power and the Senator BYRD has served with 11 put up with members of the Dodd fam- eloquence to remind us that we had a Presidents—and I underline the word ily. We thank Senator BYRD for his en- constitutional responsibility in this ‘‘with’’ because Senator BYRD makes it durance through all of that time. body which we were forsaking by abdi- clear that he has never served under There is no one I admire more, there cating that responsibility to the Presi- any President. is no one to whom I listen more closely dent. He brings to mind often the words of and carefully when he speaks on any I believe Senator BYRD received over the Constitution which give equality to subject matter. I echo the comments of 20,000 phone calls from his fellow citi- the branches of Government. my colleague from Massachusetts. If I zens around the country. Back in my He has been a candidate for election. had to pick out any particular point of State of , I heard time and As he said, he stood before the bar of service for which I admire the Senator again from those who were so admiring public opinion 11 different times, 8 most, it is his unyielding defense of the of his courage and his steadfastness as times as a candidate for the Senate and Constitution. All matters come and go. I was then, too. I learned more about 3 times as a candidate for the House. We cast votes on such a variety of the U.S. Constitution during that time And he has never lost. issues, but Senator BYRD’s determina- than I had ever learned before in my Senator BYRD has served in the Sen- tion to defend and protect this docu- life, and I learned more about the prop- ate as majority leader and held more ment which serves as our rudder as we er role of the Senate than I possibly leadership positions in the Senate than sail through the most difficult of could have learned through years of ex- any other Senator in the history of the waters is something that I admire be- perience, just by having the benefit of United States. He has chaired the Sen- yond all else. serving with and listening to and learn- ate Appropriations Committee, on I join in this moment in saying: ing from Senator ROBERT BYRD. which I am honored to serve, and cur- Thank you for your service, thank you I am very proud to pay tribute to rently serves as the panel’s ranking for your friendship, and I look forward him today. He has been the most influ- member. He has earned his place as the to many more years of sitting next to ential Member of this body in my de- unrivaled expert on Senate rules and you on the floor of the Senate. velopment here, and I am grateful be- he has become perhaps the most pop- I yield the floor. yond words for the privilege of serving ular political figure in his home State The PRESIDING OFFICER. The Sen- with him. of West Virginia. He was named ‘‘West ator from Minnesota. I yield the floor. Virginian of the Century’’ by the resi- Mr. DAYTON. Mr. President, I join The PRESIDING OFFICER. The Sen- dents of his home State. What greater with my more senior colleagues in pay- ator from Illinois. honor could they give him. ing my respects and tribute to the Mr. DURBIN. Mr. President, I, too, As of this Friday, Senator BYRD will great Senator from West Virginia, Mr. rise to bring the attention of the Sen- have served, if my calculation is cor- BYRD. It is a mark of his greatness that ate to a historic occasion. Those who rect, 18,716 days in Congress, 51 years, 3 he has had such a powerful effect on are witnessing this debate may not re- months, and 2 days. Of the 11,708 indi- not only the most senior of his col- alize that they are seeing a moment in viduals who have served in Congress,

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3542 CONGRESSIONAL RECORD — SENATE April 1, 2004 only 2 have served longer: Carl Hayden For all of his great and varied preciation and recognition of Senator of Arizona for 56 years and Representa- achievements, Senator BYRD shows his ROBERT BYRD as today he cast his tive Jamie Whitten of Mississippi for 53 dedication and humiliation not by 17,000th vote representing the people of years. wielding his power like a club but by West Virginia. Senator BYRD will become the long- performing the most basic requirement I can hardly think of what more to est serving Member on June 11, 2006. He of a Senator more times than any say other than he has truly been an ex- has cast more rollcall votes than any other Senator in history. I wish to rec- emplary Member of this body and a pil- other Senator in history. Strom Thur- ognize and honor the senior Senator lar of this institution, someone we all mond ranks No. 2 with 16,348 votes. from West Virginia for the quality as respect. I only hope our votes can be We are all privileged to have served well as for the quantity of his service. cast as conscientiously as his have in this body. Few Senators in the his- It is entirely fitting that this noted been all these many years. I join my tory of this institution have had such a lover of history today makes history colleagues in congratulating him command of both the nature and nu- himself. My commendation and con- today. ance of Senate debate as ROBERT C. gratulations to ROBERT C. BYRD of The PRESIDING OFFICER (Mr. BYRD of West Virginia, and few, if any, West Virginia. ALEXANDER). The Senator from New spanning the entire history of this I yield the floor. Jersey. body have had such a reservoir of The PRESIDING OFFICER. The Sen- Mr. LAUTENBERG. Mr. President, I knowledge, from Roman and Greek his- ator from Michigan. want to say a few words about our dis- tory to the deliberations of the Found- Ms. STABENOW. Mr. President, I tinguished and beloved colleague, Sen- ing Fathers to hundreds, maybe even rise to join so many of my colleagues ator BYRD, whose friendship I have thousands, of poems which Senator and friends in paying tribute to the treasured for many years—more than BYRD has committed to memory. great Senator from West Virginia. As 20 years now. I seek and listen to what Perhaps it is through his love of po- my friend from Illinois indicated, we he says, to be aware of the knowledge etry that I have gained a deeper under- are praising and honoring him today he possesses about so many things, and standing of my colleague. President not just for the number of votes he has the memories he carries. Kennedy once said: cast but for the courage of his votes. It When I first arrived here, I met Sen- When power leads man toward arrogance, is one thing to cast 17,000 votes; it is ator ROBERT C. BYRD and extended my poetry reminds him of his limitations. When another to look at the quality and the wishes that we would have a chance to power narrows the areas of man’s concern, integrity behind those votes. serve together—this is 20 years ago; poetry reminds him of the richness and di- So I join with my colleagues in say- and 20 years is a long time, except versity of his existence. When power cor- ing thank you to Senator BYRD. I was when it is compared to more than 40 rupts, poetry cleanses, for art establishes the proud to join with Senator BYRD as he years—and that he would continue to basic human truths which must serve as the spoke out on the Iraq resolution and provide the kind of leadership and in- touchstone of our judgment. what our role in the Senate should be spiration that he has for all of us for That is a magnificent quote which and is. all these years. pays tribute to a man who has inte- I went home, as did my colleagues, We wish him well. We want to see grated poetry into his entire life. But if and over and over again people asked him continue to provide the example we were to end there when it comes to me did I know Senator BYRD; did I he has shown all of us, with his dignity procedure and poetry, we would not work with Senator BYRD; listen to and intelligence and knowledge and tell the story of this great man’s serv- what he is saying because he is speak- awareness of the rules that govern this ice. ing for all of us. body of ours—as fractious as they have His is not just poetry when it comes I also thank Senator BYRD for help- become in recent years. We always to service in the Senate. It is also pow- ing me as one of the 12 Members who want to pay attention when Senator erful prose. It is not just his eloquence came in 2000. When we were in the ma- BYRD issues a view of the process that but his integrity. Those of us who serve jority, we had the opportunity to pre- is developing, about where we ought to with him know that during the most side over the Senate, and I am very be, about the courtesies we should ex- recent debate on the invasion of Iraq, grateful for all I learned about the Sen- tend to one another. one voice in the Senate was heard ate, about the process, about the im- I will never forget Senator BYRD, above all others. This man, after many portance of being dutiful in our respon- with his rage at one of the Senators years of service, has not forgotten his sibilities, and also about the important who was addressing the President by responsibility to this Nation and the role we play in governing our country. his first name, saying: Where is he? people he represents. He stood up and I will forever be grateful to Senator Where is Bill? Why isn’t Bill here? Sen- took controversial, difficult positions BYRD for the lessons that I have ator BYRD stood up, with all his stature and did them with the kind of force and learned and continue to learn. in front of him, saying: How dare you. power which won friends for him far One of the most wonderful images I How dare you call our President Bill. and wide. have of being in the Senate actually In all the years I have served with Re- I have told this story before but it occurred during orientation when I was publican Presidents, never, never bears repeating. When I went to a first elected and coming here in De- would I dream of calling the President Catholic parish in Chicago with my cember of 2000. I had the opportunity Ronald or George or otherwise. wife and we had come back from com- to invite my son to join me in the Old With that little reminder, he brought munion and were kneeling down, an el- Senate Chamber where we heard from us all back to a reasonable state of dig- derly fellow walked up to me in the Senator BYRD, some wonderful, elo- nity and comity that we need to be re- midst of the Iraqi debate and leaned quent words and stories from the early minded about on many occasions. over and said, ‘‘Stick with Senator days in the Senate. It was captivating. Very few have the knowledge stored BYRD.’’ It was inspirational. It was motivating. in our being that Senator ROBERT C. I came back to tell him that. His fans It was a wonderful opportunity for me BYRD has. are far and wide, in Chicago, West Vir- to share with my son, the new venture Again, when I first arrived in the ginia, and across the United States of I was undertaking and the responsibil- Senate, I had not been in Government America, because time and again he ities I was undertaking as a Senator before, so it was all very complicated spoke the truth and did it in a way from Michigan. and perplexing. But I wanted to spend that touched the hearts of Americans I thank the great Senator from West some time with Senator BYRD, and he far and wide. Virginia for his friendship, for his cour- was courteous and he did it. We sat in He is an inspiration to all of us who age, for his role in the Senate in help- his office, talking about the back- have been honored to serve with him. ing us to understand our responsibil- ground of our society and our country. He brings to this body the kind of deco- ities and our duties to the country. He talked about the English Kings rum, the kind of integrity, and the Ms. LANDRIEU. Mr. President, I join from the period somewhere maybe kind of commitment to which all of us with many colleagues who came to the about the time of William the Con- aspire. Senate Chamber today to express ap- queror, the 11th century, and he talked

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3543 about how long each succeeding mon- first 18 years I was here, but a fresh- to give me the books he has written arch served, the year that person took man with 7,000 votes, it doesn’t com- about the Senate and was kind enough the office, and the year they left the of- pare to Senator BYRD’s record, no mat- to autograph his books. Those books fice, what caused them to leave the of- ter what. will always be a great treasure for me fice, who died, how they died, by assas- Mr. ALEXANDER. Mr. President, I to keep. sination or otherwise, from the 11th rise today to salute my senior col- But they have not just been some- century on up to contemporary times. league, Senator ROBERT C. BYRD of thing that has been in my bookcase; You will hear Senator BYRD often West Virginia. Today, the Senator they are something I can pull down to quote from the early days of Roman passed a milestone that has never been then read the history of the Senate. and Greek civilization. It is remark- passed before, and may never be passed What wonderful books they are, what able. again: he cast his 17,000th vote on the wonderful references, what wonderful I come out of the computer business. Senate floor. It’s an amazing achieve- stories they tell about the Senate. I think I can safely say that I have ment. No other sitting Senator has That is so because my colleague is not never met a computer the equal of cast more than 15,000 votes. Senator only a great Senator, he is a great his- ROBERT C. BYRD, to have the depth of Thurmond, who is no longer with us, torian. We are reminded of that many knowledge that he has and to be able cast the next highest total of 16,348 times when he comes to the Senate to call upon it at so many times. votes. floor. Not only does he have a great in- I will bet that in the 17,000 votes ROB- Mr. President, Senator BYRD has had stitutional memory from his many ERT C. BYRD cast, he knows more about a long and distinguished career in the years of the Senate, but because of his the votes he cast almost than any Sen- United States Senate. He was first reading not only about the United ator who has been here just for 100 elected to this body in 1958. Only Sen- States and the U.S. Senate, but be- votes or 200 votes. He understood every ator Thurmond served longer, but Sen- cause of his great love of history, he one of them. He never cast a vote with- ator BYRD may soon pass that record, can put what we do in the United out thought. too—he’s only got two more years to States in its historical perspective. Each of us has had the experience, I go. He became the Democratic Leader As the new Members of the Senate, am sure, of disagreeing, perhaps, with in 1977, holding that position for six we take turns presiding over the Sen- one another, even with a distinguished consecutive 2-year terms, three terms ate. One of the great benefits of doing leader such as Senator ROBERT C. as majority leader, and three as minor- that is to sit in the Presiding Officer’s BYRD, and have him disagree with ity leader. He also served as President chair, as my colleague is doing now, knowledge and with experience and pro tempore—third in line in the order and we have the opportunity to listen say: This is why I think you are wrong. of succession to the Presidency, after to our colleagues. I have had the oppor- You are my friend, FRANK, but I dis- the Vice President and the Speaker of tunity, many times, to listen to Sen- agree with you on this, and I am going the House—from 1989 to 1995 and 2001 to ator BYRD. to vote the other way. 2003. I can remember many times listening It was always with respect and The Senator from West Virginia is to his speeches. Sometimes it was his friendship that these exchanges took also a master historian. His four-vol- great annual speech on Mother’s Day, place. ume, 3,000 page history of the U.S. Sen- sometimes a speech on the U.S. Con- So we mark a historical moment. No ate has been called ‘‘the most ambi- stitution, or a speech on whatever leg- one before has ever cast that many tious study of the U.S. Senate in all of islation is in front of us, or about the votes. As a matter of fact, very few our history.’’ He is a passionate advo- history of the Roman Senate or, as my have cast a number of votes that come cate for understanding our history, not colleague from Illinois has said, a anywhere close to the 17,000 mark. This only among Senators, but for the en- speech about a pending resolution. It is a record, as I think has been said by tire country. In 2000, the Senator’s ef- didn’t matter what it was, it was al- others, that will stand probably for- forts led to the creation of the Teach- ways something for us to think about, ever. It took ROBERT C. BYRD some ing American History Grant Program— always something for us to ponder and eight terms to acquire the voting commonly referred to as the Byrd meditate on. record that he has. When you know grants—to encourage better teaching Senator BYRD, thank you for your that person and you see the devotion of American history in our schools. I service and thank you for causing us to and loyalty he brings to his family—he was fortunate to follow his lead with a think. Whether we agree with you or and his wife will celebrate their 67th bill I introduced last year, the Amer- not on every matter, you always make anniversary, I believe. That is quite a ican History and Civics Education Act, us think. That is the job of the Senate. tribute in a period like we now see in which Senator BYRD co-sponsored. The As you referred a moment ago to this our country when the institution of Senate passed it unanimously last great deliberative body, you make sure marriage is not what it used to be. So year, 91 to 0. I hope the House will act that we are that, you make sure we we wish Mrs. Byrd, Erma Byrd, a re- on it soon. I’m sure one reason the Sen- continue to be that great deliberative turn to better health—we know she has ate was prepared to support such a bill body. I thank you for that. been having some difficult times these is that we have all learned the value of Mr. BYRD. Mr. President, will the last few years—and for them to share our history from one of history’s great Senator yield quite briefly? many more good years together and for teachers: Senator ROBERT C. BYRD. Mr. DEWINE. Certainly, I yield. ROBERT C. BYRD to stand here as our I salute my colleague, the senior Sen- Mr. BYRD. Mr. President, I take a example of what can be, as an example ator from West Virginia, and wish him moment to thank my colleagues who for children across this country. well as he sets a new record with each have spoken. They have been so gra- If they read the history of ROBERT C. succeeding vote. cious. I shall never, never forget the BYRD, they will see his growth from a The PRESIDING OFFICER (Mr. GRA- beautiful words, the lovely phrases poverty stricken, uneducated, simple HAM of South Carolina). The Senator they have uttered here today. They family, to go on as he did to reach the from Ohio. have made this a very beautiful day. I level of responsibility, of importance Mr. DEWINE. Mr. President, I join know that my wife Erma has listened that he achieved, and the contributions my colleagues today in congratulating from home. he made to country in so many ways, my friend and colleague, my neighbor I thank each and all of these wonder- reminding us about our responsibility from West Virginia, for his great ac- ful, wonderful friends. That is what to avoid conflict wherever we can do it, complishment today but, more impor- they are, they are friends. I shall never but always sticking up for his State tantly, for his great service in the Sen- forget them. I shall not name them. and constituents who sent him here. ate. The RECORD already has done that. I think I hold a voting record also. I When I first came to the Senate, I did I yield the floor and thank my friend think I am the only Senator on the what many of my colleagues have done, from Ohio for his graciousness in yield- books that ever, as a freshman, cast al- and that is I paid a visit to my col- ing. most 7,000 votes. That, I think, is fairly league from West Virginia. I went into THE PRESIDING OFFICER. The remarkable. You have to discount the his historic office. He was kind enough Senator from Ohio is recognized.

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3544 CONGRESSIONAL RECORD — SENATE April 1, 2004 Mr. DEWINE. I thank the Chair. bling. When asked why they think this Mr. Cohen goes on to say to the (The remarks of Mr. DEWINE per- man who has become such an institu- Washington Post: taining to the introduction of S. 2270 tion in America should be removed, the Listen, Ken, my needs haven’t changed. I are located in today’s RECORD under response is nothing short of gobbledy- still want news in the morning. I still want ‘‘Statements on Introduced Bills and gook. They talk about bringing some- smart features. I do not want interviews Joint Resolutions.’’) one who has depth and experience. But with airheaded celebrities a la Matt and Mr. DEWINE. Mr. President, I sug- who else would you turn to rather than Katie or, worse, interviews with the latest gest the absence of a quorum. Bob Edwards? humorousless person Donald Trump has just fired from ‘‘The Apprentice.’’ The PRESIDING OFFICER (Mr. GRA- I would like to make part of the HAM of South Carolina). The clerk will RECORD at the end of my statement a He concludes: call the roll. series of columns and editorials from But the firing-cum-transfer of Edwards (he The assistant journal clerk proceeded across the United States from those may become a senior correspondent) is none- to call the roll. who enjoy Bob Edwards in the morning theless disquieting. Maybe my fear is mis- Mr. DURBIN. Mr. President, I ask and can’t imagine public radio without placed and maybe the end of the Edwards era unanimous consent that the order for him. Some of these, starting with the will turn out not to be a bad thing. Still, it will be jarring to wake up in the morning the quorum call be rescinded. Chicago Tribune, were published re- with a stranger. The PRESIDING OFFICER. Without cently as the news reached that city of He closes by saying: objection, it is so ordered. the decision by National Public Radio. Goodbye, Bob. Get some sleep. You’ve f As they said in this editorial in the Chicago Tribune, people do not under- earned it. PERSONAL RESPONSIBILITY AND stand why this decision was made. Here Mr. Cohen may have given up, but I INDIVIDUAL DEVELOPMENT FOR is what they concluded in the Tribune haven’t. I still believe the people EVERYONE ACT—Continued editorial about Bob Edwards: across America should be contacting NATIONAL PUBLIC RADIO In contrast to their audience, though, NPR National Public Radio, npr.org. Send Mr. DURBIN. Mr. President, last executives seem to have forgotten about the them your e-mail that Bob Edwards, week I took the floor of the Senate to public part of their title. In commercial ‘‘Morning Edition’’ is important to note the decision which has been made broadcasting, a beloved host who had pre- you. As a Senator, as a citizen, he is sided over huge ratings gains would almost important to me. by National Public Radio concerning never be nudged aside. Public broadcasting is the host of Morning Edition with Bob valuable precisely because it is relatively The San Diego Union-Tribune in an Edwards. It was announced in the free from such worldly concerns. But it is editorial entitled ‘‘NPR Show Is a Big Washington Post that National Public also, effectively, a public trust, and for the Hit, So It Must Need Fixing?’’ by Rob- Radio management had decided after public to continue to trust it, this institu- ert Laurence: some 24 years to relieve Mr. EDWARDS tion needs to do a better job of explaining its This story makes no sense. of his responsibility as host of the momentous decisions. This is not the only As such, it’s the kind of story that can morning show. There was not much newspaper, by far. only happen in the topsy-turvy Orwellian given by way of explanation, and it was In the St. Louis area, Linda Ellerbee, world of public broadcasting. clear from comments by Bob Edwards known to many of us because of her It’s this: The host of a hugely successful morning radio show, a show where ratings that it wasn’t his decision. news reporting and posting of programs wrote: ‘‘Time and Age: NPR Tossing have done nothing but climb for years, a It has been interesting since I took man whose skill as an interviewer is the floor and noted my disappointment Out Bob Edwards.’’ Linda Ellerbee unexcelled in the world of broadcasting, over that decision the response which I should know. She was moved away whose very voice helps millions of Ameri- received from my colleagues in Con- from a television network position be- cans get their day grounded, is being evicted gress. It turns out Members of Con- cause they thought for a woman she from a seat in the studio. gress on both sides of the aisle feel as was too old. She says: Mr. Laurence goes on to say: I do—that this decision by National But we’re not aging the way our parents That’s Bob Edwards, since November 1979 Public Radio is the wrong decision; did. We’re reinventing the process. Besides, the host of National Public Radio’s ‘‘Morn- that Bob Edwards, who has been not there are a lot of us out here. ing Edition . . . ’’ The point she made in her article only a host of this program but the He goes on to talk about the expla- about Bob Edwards is at his advanced most successful morning voice in nations from NPR management, expla- age of 56—which I still consider very America, is being moved away from nations he and I both find wanting. young—he speaks not only to people of this assignment in a situation and in a And Scripps Howard, Bill Maxwell and my generation but so many older and circumstance that is almost impossible the St. Petersburg Times, entitled ‘‘A younger. If it is the marketing belief of to understand. Morning Voice That Will Be Missed:’’ NPR they need to have a new, fresh Many of my colleagues have come to All good things must come to an end. me and asked, What can we do? Can we voice, they are missing the big picture. For 24 years every morning when my And so it is with the ouster of Bob Edwards go after the appropriations of NPR? I ... don’t recommend that at all. I think clock radio goes on, I hear Bob To say that Edwards is the end of an era is National Public Radio is such an im- Edwards. I know whether times are an understatement. portant institution more than any sin- bad, dangerous, or peaceful. I can count He continues: gle individual that we should do this in on him. I have done it this morning. I have done it so many mornings. I can- Thanks in large part to ‘‘Morning Edi- a positive and constructive fashion. tion,’’ when I report to the St. Petersburg What I encourage my colleagues to not imagine ‘‘Morning Edition’’ with- Times editorial board each morning at 9:30, I do is to remember that National Public out him. know what’s going on in the Nation and the Radio is, in fact, public radio; that all There is also a comment from the rest of the world. of us who enjoy it so much, who rely on Washington Post, Richard Cohen. He Millions of us would say the same it so much, and who contribute to it tells about the same experience. thing. from our own individual finances, have Now the news from NPR is that Edwards Columbus Dispatch, Tim Feran: will soon be gone. a responsibility if we disagree with this ‘‘Shame On NPR For Axing Edwards decision by the management. I have en- He talked about the fact he may just Before Big Date.’’ couraged my friends and those who feel decide to start listening to Mozart on The big date, of course, is the 25th as I do to get onto their Internet and e- disk, rather than turning on ‘‘Morning anniversary on the air. I agree with mail, and to e-mail NPR.org, to do it Edition.’’ He says: Mr. Feran. immediately and let them know that NPR Executive Vice President Ken Stern The Cleveland Plain Dealer: ‘‘Not a their decision to remove Bob Edwards told the Washington Post that the firing of Good Way To Start The Day,’’ a title Edwards was part of a ‘‘natural evolution,’’ at the end of this month of April is the that had ‘‘to do with the changing needs of from Connie Schultz, a columnist. She wrong decision. I have done it myself. our listeners.’’ What ‘‘natural evolution’’? writes: I have received a reply from Mr. What does that mean? And what is ‘‘chang- The man I’ve been waking up with is leav- Kernis which, frankly, I find very trou- ing needs’’? ing me.

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3545 She talks about her disappointment are located in today’s RECORD under Fair enough. He said: You see this and how hard it is to understand why ‘‘Submission of Concurrent and Senate rifle? NPR is making this decision. Resolutions.’’) I think it was an M–16, but they have Turning to the Seattle Post Intel- RECENT VIOLENCE IN IRAQ changed considerably from the time I ligencer, Bill Radke, a columnist, Mr. LAUTENBERG. Mr. President, I carried a weapon in World War II. writes: ‘‘Mornings Without NPR’s Colo- would like to take a minute to express He said: I see members of the coali- nel Bob.’’ my outrage and the outrage of Ameri- tion with lighter, better aiming mecha- He starts: cans across this country in seeing the nisms than we have on these guns. They are easier to work with at any Bob Edwards has been canned, and there mutilation and the horrible attack on seem to be two types of people in the world: the Americans who were serving, not in time. We don’t have them, and I don’t The ones saying, ‘‘You’ve ruined my life, the military but serving their country understand why. When he talked about armored vehi- Bob’s life, and the lives of everyone I know,’’ nevertheless, and the gleeful crowd cles, he said they don’t have enough of and the ones saying, ‘‘Who is Bob Edwards?’’ gathered around. Those who did not listen to Bob Edwards We have to remember that it was a them. I was almost dumbstruck. I may now never know. Those who do, under- relatively small group of people. But didn’t know what to say because I stand full well. nevertheless, the deed was so horren- know we have allocated lots and lots of The Hartford Courant, in Con- dous that it is hard for those of us who funds. We have placed over $160 billion into the effort in Iraq, and we are necticut, by Jim Shea: live in a democratic environment, as about ready to place a lot more with a It’s not often that you can use the words we do, who live with the respect that special allocation, a supplemental al- National Public Radio and stupid in the we have for other human beings, to same sentence but such an occasion has aris- lotment. I asked our military leader- look at this and in any way understand en: ship to tell us what it is that prevents National Public Radio’s decision to replace what is happening. So we send our condolences to those us from delivering the kinds of tools, ‘‘Morning Edition’’ host Bob Edwards is just protections, and instruments that our families who lost someone they cared plain stupid. What are you bozos who run people need to conduct their duty NPR thinking? You know, we’ve really got about, and to lose them in some kind of there. to do something about the fabulous ratings atrocious assault we hope will serve as we have. I saw something in the paper last a reminder to all of us of what respon- week that said much of the material Bob Edwards is not just the bright, witty, sibility we took on when we entered urbane, insightful and immensely likable we would like to have there is not sent host of ‘‘Morning Edition,’’ he is for the pro- Iraq and the things we should have because we don’t have the transpor- gram’s 13 million weekly listeners the voice tried to contemplate before we got to tation available. I think we ought to of the morning. the point that we are. get after that problem. I pledge to do There is something soothing, something One cannot criticize our military. I whatever I can to search out the rea- comforting, something reassuring about was in Iraq a couple weeks ago. Most of sons and make sure we expedite the stumbling from slumber into the gentle em- my colleagues have been there at one brace of Edwards’ mellifluous baritone that process of getting our courageous serv- time or another to see the courage and ice people, who serve us so well, the makes morning bearable. the willingness to serve that we have He speaks for many people when he equipment and the support that is with our wonderful young people there. needed. writes that. I talked to them. I especially met with Mr. President, I yield the floor. Finally, on salon.com, Alexandra those service people who come from The PRESIDING OFFICER. The Sen- Marshall makes many of the same New Jersey, men and women. I was ator from Illinois is recognized. points about the importance of Bob very impressed with the quality of Mr. DURBIN. Mr. President, I thank Edwards’ ‘‘Morning Edition.’’ their thinking, their education, their the Senator from New Jersey for his Those who are following this debate view of life and country. leadership on this and so many issues. may be puzzled as to why a Senator I served in World War II. We were He expresses the feelings I have heard would stand up in this Chamber to some 14 million in uniform. I enlisted from soldiers returning from Iraq who make an issue over the replacement of when I was 18. I remember the associa- are in Walter Reed Hospital a man who is, by all measures, just an- tions and friendships I made in the recuperating, who are still strong in other voice in the morning. But Bob small unit in which I served in Europe spirit and still dedicated to our coun- Edwards is not another voice in the during the war. When I saw the young try and hoping that we will help them morning. He is the voice we have people who are serving us today, I was win this battle and let them come counted on and the voice we rely on. truly impressed with the quality of home safely. There is a lot more we can If he is as important to you as he is those who wore that uniform. and should do. I thank the Senator to so many of us, please, understand We now see the situation in Iraq is a from New Jersey for his leadership in National Public Radio exists because of very grim one. I am not sure that the this area. people like us who listen to it and con- turnover on July 1 to a ruling council, DIETARY SUPPLEMENTS tribute to it out of our own pockets, a governing counsel, can stem the tide Mr. DURBIN. Mr. President, there love it, and want it to continue to be of violence or reduce the volume of our has been an issue I have worked on now the great institution which it is today. responsibility. But I wish all of our for almost 2 years relative to dietary Those who are shareholders of National people well and make a pledge here supplements in America. We passed a Public Radio by virtue of our contribu- that I would like to carry back the law called the Dietary Supplement and tions, if we disagree with this decision, message that I got from my conversa- Health Education Act in 1994. In pas- have an obligation to tell the manage- tions with some soldiers there. sage of that legislation, we attempted ment right now. I asked them to be frank with me and to establish a standard for the legal I encourage those who feel as I do tell me what, if anything, they thought treatment and regulation of dietary that the replacement of Bob Edwards is they needed. And they were reluctant supplements. They are known to many wrong, to do two things: First, go to at first. I asked whether the food was Americans. It is a multibillion-dollar your Internet, e-mail npr.org and let all right, the shelter was OK. Oh, yes. industry. them know what you think; and sec- But one young captain finally felt There are many of us who take vita- ond, call your local affiliate of the Na- comfortable enough to speak. And he mins and minerals and believe they are tional Public Radio system and let said: Yes, I will tell you what we could good for our health. I took one this them know this is a sad and sorry deci- use, Senator. morning. I hope it helps me. I don’t sion. He said: The flack jacket that is the think it will hurt me. For a lot of I yield the floor. best available out there is being worn Americans, it is something they rely The PRESIDING OFFICER. The Sen- by members of the coalition in some on. ator from Pennsylvania is recognized. places, and we don’t have those. They There is another category that goes Mr. SPECTER. I thank the Chair. are lighter, they are more efficient, beyond ordinary vitamins and min- (The remarks of Mr. SPECTER per- and I don’t understand why we don’t erals, which are products known as die- taining to the submission of S. Res. 327 have them. tary supplements. In many respects,

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3546 CONGRESSIONAL RECORD — SENATE April 1, 2004 what they consist of are herbal ex- After seven years of trying, the agency an- the law was, they found 59 percent of tracts, so-called natural products that nounced a ban on the weight-loss aid ephedra them said they believe supplements are put in combination and sold in in December of 2003. And in March 2004 it must be approved by a Government warned 23 companies to stop marketing the stores with many claims about whether body-building supplement androstenedione agency before they can be sold. They they can help you from a health view- (andro). went on to say 68 percent said the Gov- point. That is a steroid precursor. Here we ernment requires warning labels on a Most Americans who walk into a have it on the books for 10 years, with supplement’s potential side effects or drugstore, pharmacy, or nutritional thousands of products that fall under dangers, and 55 percent said supple- supplement store believe the products its purview, and only two have been re- ment manufacturers cannot make safe- on the shelf being sold to them are, in moved. Frankly, what it comes down ty claims without solid scientific sup- fact, safe. They may believe they have to is described later by Bruce port. been tested. They may believe the Silverglade, legal director of the Cen- Sadly, every single response by the proper clinical evaluation has been ter for Science in the Public Interest, a overwhelming majority of Americans done. They may believe the Govern- Washington, DC, consumer advocate was plain wrong. There is no Govern- ment is monitoring whether there is group: ment regulation of the products, there is no requirement for warning labels, something wrong with the drug that The standards for demonstrating a supple- causes a bad health event. Those be- ment is hazardous are so high that it can and these companies can make safety liefs are right and true and accurate, take the FDA years to build a case. claims without solid scientific support. when it comes to prescription drugs. Years—while the product is still That is a fact. They have to go through extensive being sold. How many people at the It seems the Institute of Medicine testing before they are ever put on the FDA are responsible for monitoring di- has decided it is time for a change, a market. The FDA and many agencies etary supplements, a multibillion-dol- change I believe is long overdue. Today look at them carefully to make certain lar industry, with thousands of prod- the Institute of Medicine released this they are both safe and effective—in ucts? Their supplement division con- report. It is a framework for evaluating other words, that they will not harm sists of about 60 people with a budget the safety of dietary supplements. In you and, in fact, will do what they are of only $10 million to police a $19.4 bil- the fall of 2000, the Food and Drug Ad- supposed to do and help you. That hap- lion-a-year industry. ministration contracted with the Insti- pens for prescription drugs, and it is Consumer Reports goes on to draw tute of Medicine to develop a scientific what happens to the key ingredients in this comparison: framework for safety evaluation of die- over-the-counter drugs. To regulate drugs, annual sales of which tary supplements within the confines When you walk into a dietary supple- are 12 times the amount of supplement sales, of the law. They also asked them to ment store, a health store, that is not the FDA has almost 43 times as much money test their framework on six commonly the case at all. What you see on the and almost 48 times as many people. used dietary supplements. The report shelves there are products which, by So it is very clear this agency is not took more than a year longer to com- and large, have never, ever been tested. prepared and staffed and, frankly, plete than was expected, but it is com- Never tested. The law we passed said doesn’t have the authority to protect prehensive and thorough. It contains the makers of those products, unlike the American consumer. So what hap- many observations we need to scruti- the pharmaceutical companies that pens? People unsuspectingly go into nize closely. make prescription drugs and some these health food stores, vitamin First, their framework depends on over-the-counter drugs, have no re- stores, and see the dietary supplements the collection of data that is not re- sponsibility to test their products for with all sorts of claims on them; they quired to be turned over to the FDA by safety before they are sold to the pub- buy them, they use them, and the con- supplement manufacturers, namely ad- lic. In fact, the burden is shifted 180 de- sumers of America become the guinea verse event reports. grees. The Food and Drug Administra- pigs. The IOM report states that the first tion of the Government has the burden We are the ones who are testing these step in the process for reviewing safety to prove that what is sold on the shelf products to see if they are dangerous. is to look for signals of safety prob- is unsafe. You might say, if they are dangerous, lems, including adverse events. What Think about that for a moment. if they hurt someone, clearly then the do I mean by an ‘‘adverse event’’? Does Think of the hundreds, thousands, tens Government will take them off the it mean if you have an upset stomach of thousands or more dietary supple- shelf, right? No, I am sorry, that is not from a vitamin you have to report it to ments for sale in the U.S., and you right because understand that the law the Food and Drug Administration? come to the obvious conclusion that we passed at the request of the indus- Does it mean if you get dizzy from tak- there is no Government agency large try does not require dietary supple- ing any kind of supplement, from gar- enough to test every possible combina- ment manufacturers to report to the lic to fish oil, you have to call the Food tion that can be included in a dietary Government when people are literally and Drug Administration? No. supplement. So the simple fact is very dying from the products they sell. What I believe the standard should be few are tested. I am sure many people listening to is serious adverse health events. If you This week, Consumer Reports maga- this debate say that cannot be true. It pass out, have a stroke, or heart at- zine reported on the issue of dietary is true. tack, or die—serious things that can supplements. I think a lot of this mag- Let me give a specific example. occur. azine. I have subscribed to it over the Metabolife International, a leading Lest you think this is something that years. I think what they present is ephedra manufacturer, did not let the does not happen, let me tell you the done in a very dispassionate and objec- Food and Drug Administration know it story of a young man, 16 years old, who tive fashion. In this issue, they identify had received 14,684 complaints of ad- lived a few miles from my home in the problem we face in America with verse events associated with ephedra Springfield, IL. Sean Riggins of Lin- dietary supplements. They note the products. But Metabolife 356, which coln, IL, a 16-year-old high school stu- fact that U.S. consumers, since passage you may remember, in the previous 5 dent, played on the football team. He of the law I mentioned earlier, have lit- years had received notice of 18 heart had a big game coming up. He went erally spent billions of dollars on die- attacks, 26 strokes, 43 seizures, and 5 over to the local gas station—gas sta- tary supplements. They say it is inter- deaths. Under the law of the United tion, mind you—and saw a product on esting that for 10 years, although the States of America, Metabolife had no the shelf called Yellow Jackets. It was FDA had the authority to remove an legal responsibility to tell the Govern- an ephedra product. Yellow Jackets unsafe dietary supplement from the ment a product it was selling was kill- were supposed to give him energy. This shelf, they never did. I will quote: ing people. man thought: I need energy; I am going Yet, until very recently, the U.S. Food and People listen to that and say that to play football. He purchased this Drug Administration had not managed to re- cannot be true, but it is. It is a fact. product over the counter at a gas sta- move a single dietary supplement from the When a Harris poll surveyed 1,000 tion in Lincoln, IL, washed it down market for safety reasons. Americans about what they thought with a Mountain Dew, which happens

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3547 to be loaded with caffeine, and started other countries where we have a warn- For some consumers, it is a waste of feeling sick. When he got to the foot- ing from the FDA: Comfrey, which in- money. For others, it is much more ball game, he didn’t feel good at all. cludes blackwort, bruisewort, and so dangerous. The next day, his mom and dad took many other herbal names. There are other products that are him to the hospital, and later that Incidentally, let me say at this mo- mentioned here. I am probably going to morning he died from a dietary supple- ment how difficult it is for consumers fail to pronounce many of them prop- ment with ephedra. Under the law as it to follow this because they change the erly: organ/glandular extracts, Lobelia, is written, if the parents of Sean Rig- names on these bottles in the dietary Pennyroyal oil, Scullcap and Yohimbe. gins called the company that made supplement store, and you have no idea When one goes through these, they will Yellow Jackets and said, ‘‘Your prod- what you are buying. The Food and find many of these have been banned in uct just killed my son,’’ that company Drug Administration advised the in- other countries. would not be required under law to dustry take it off the market in July One of the conclusions from the In- even report that to the Government. 2001, but it is still being sold. It creates stitute of Medicine, after looking at di- That is not right. abnormal liver function or damage, etary supplements, is unreasonable The Institute of Medicine report we often irreversible, causing death. risk does not mean the Food and Drug are looking at today recommends that Androstenedione, I mentioned this Administration has to prove the sup- plement is harmful. that change. Metabolife misled the earlier. The FDA finally banned it in The report concludes, given the lim- Government. Companies that make supplements. products such as Yellow Jacket sadly ited amount of data available, defini- Chaparral is another product which tive statements judging safety of these are not much better. is sold under a variety of names. It Let me tell you about another com- products may be difficult to com- causes abnormal liver function or dam- pany called Rexall Sundown. It mar- pletely substantiate scientifically. age, often irreversible. FDA warned keted an ephedra product called Metab- The committee determined that con- consumers in December 1992. o-lite described by the Government as cluding a supplement presents an un- having adverse event reports. In other Germander is another product reasonable risk does not require com- words, people were getting sick who banned in France and Germany. plete evidence a dietary supplement took this product. We heard about it Kava is an ingredient in a variety of causes a serious adverse event. In other and requested the company provide us products. FDA warned consumers in words, the unreasonable risk standard with information about the adverse re- March 2002 to avoid it. It is banned in that is written in the DSHEA law is a ports, about people getting sick after Canada, Germany, Singapore, South standard which frankly is going to be a they took this product. Africa, and Switzerland, but it can still very difficult one for the FDA or others The response I received was truly as- be sold legally in the United States be- to prove. tonishing. The company said Rexall cause the Food and Drug Administra- So what they are suggesting at the Sundown was a new company and had tion does not have the power and the Institute of Medicine is we look to a never sold ephedra products. Therefore, authority to police this kind of dan- different and more reasonable stand- it never had any adverse event reports gerous product. ard. They also talk about premarket in their possession. They used the old- Under ‘‘likely hazardous’’ products review of some of these products, which est trick in the book to shield them- there is one I would like to speak to, I think is something that needs to be selves from liability for the dangerous bitter orange, citrus aurantium. You done. products they sold. They had dissolved will find this in Metabolife Ultra. When I particularly believe stimulants their old company, started a new one they took ephedra out, they put bitter should be subject to premarket review with the same name, and tried to es- orange in, and there are a lot of other so we have some testing to make sure cape any liability for the life-threat- products, diet products, energy prod- they are safe so many of these products ening products they had been selling. ucts. It can cause high blood pressure here, such as bitter orange, citrus We tried to get more information from and increased risk of heart arythmia. aurantium, which cause an increase in them and failed, but we will continue We wrote to seven companies that blood pressure—and, frankly, I believe that effort. make supplements that contain citrus what they are suggesting in the Insti- Let me also say to people who said, aurantium and asked them: What kind tute of Medicine report kind of par- ‘‘Thank goodness, ephedra is off the of tests did you engage in to determine allels legislation which I have intro- market, so you can stop worrying,’’ whether citrus aurantium, which is duced—to try to bring some sanity to that is not the case. The same Con- now replacing ephedra, is safe? One of this industry. This has been a battle which I have sumer Reports magazine that is com- the CEOs wrote back and said: We have been engaged in for almost 2 years now. ing out has a table which I commend to a scientific study to prove our product I know what happens when one takes everyone who takes dietary supple- is safe. So we looked at the study. The on a giant industry in America, a ments. It is impossible to read this study did not have anything to do with multibillion-dollar dietary supplement chart, I am sure, on television. I will citrus aurantium or bitter orange. It summarize a few points of it for those industry. If one walks into most vita- was about the safety of using orange min stores around America, they will who would like to understand what juice—orange juice—in drug metabo- Consumer Reports, an objective maga- find my name, not in a praiseworthy lism studies. zine, says about 12 supplements. They fashion. They are passing out leaflets We then contacted one of the sci- said you should avoid these supple- saying: Write to DURBIN and tell him to entists involved in this study and ments. stop taking away your vitamins and A supplement that is ‘‘definitely haz- asked: Do you realize this company minerals. ardous’’ is aristolochic acid. This is that is selling thousands of products It is a scare tactic. It is a scare tactic something that is sold under a variety worth millions of dollars is claiming from an industry that should be run- of names. They say it is a potent your scientific study says citrus ning scared. There are good actors in human carcinogen. It can cause cancer aurantium is safe? this industry and there are bad actors, potentially, kidney failure, sometimes This scientist came back to us and but unfortunately the bad actors are requiring transplant. The Food and said: That is an improper use of that being protected by the good ones. Drug Administration warned con- study to justify the sale of that prod- Right now I believe Americans sumers and the industry in April 2001. uct. should be able to buy vitamins and It has been banned in seven European So there is no scientific basis for the minerals which have been tested and countries and Egypt, Japan, and Ven- safety that CEO asserted. These manu- proven, make their own choices about ezuela. But it is still being sold in the facturers are literally putting together their own health, but I also believe this United States. Aristolochic acid is also dangerous and sometimes lethal com- industry has a responsibility when it known as birthwort, snakeroot, binations of chemicals and selling sells products that can be dangerous to snakeweed, sangree root, and so forth. them under the banner of dietary sup- Americans to do two things. Then they list another group of ‘‘very plements to unsuspecting American First, if they are selling stimulants likely hazardous’’ products banned in consumers. they should be tested in advance so we

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It is great league baseball player like Steve I wish to highlight the recent to see young kids, young women look Bechler of the Baltimore Orioles. progress of women’s hockey for a mo- at other young women and look at Second, I believe all of these dietary ment. their sense of accomplishment, athletic supplement manufacturers should have Hockey is to Minnesota what basket- accomplishment and say, Boy, I would a legal obligation to report to the Food ball is to Indiana or football is to like to be like that. It is great to have and Drug Administration when people Texas. Minnesota has been the center role models, and we have them at the get seriously ill or die as a result of of the hockey universe for almost 100 University of Minnesota now, led by taking their products. I think that is years. Until very recently, women’s second year coach Pam Borton and the least we should demand. college hockey was dominated by East- Most Valuable Player Lindsay Whalen, I am happy to see the Institute of ern schools. In fact, Augsburg College a young woman who broke her wrist Medicine creating momentum for Con- was the first Minnesota school to field and was out for a while and I believe gress to finally make a decision. I am a women’s hockey team in 1995. I can the first game back in the tournament happy to see the administration, after proudly say that since the inception of scored 31 points. more than a year of urging, finally a NCAA Division I National Champion- The Gopher women will face the Uni- banning ephedra, but more has to be ship in 2001, no school outside Min- versity of Connecticut at 8:30 Min- done. Today as we speak, innocent chil- nesota has won the national title. nesota time. I wish the team all the dren and consumers across America are The first three tournaments were best of luck, and the thanks of millions buying products which they presume to won by the University of Minnesota- of Minnesotans who will be glued to be safe and they are not. Duluth, which I had the pleasure of the television, cheering you on, includ- We have an obligation to American meeting last year. ing me and my daughter. The University of Minnesota wom- consumers to set a standard of care so The hockey rinks of Minnesota—and en’s ice hockey and basketball teams they know when they make a purchase, almost every town has at least one— have made all Minnesotans proud. A whether it is in a drugstore or in a vi- have always been full of young ring rats wearing hockey jerseys with the source of intense pride for all Minneso- tamin store, they are buying a product tans is that these championship teams names of Minnesota legends such as that is more likely to help them than are overwhelmingly comprised of Min- Broten, Bonin, Pohl, and Gaborik. hurt them. Sadly, the DSHEA law nesota-grown young women. Eleven of Today, however, it is as common to see which currently exists does not meet the 14 players on the Gopher basketball young ring rats skating around the ice that standard. team, and 12 out of 20 on the hockey I yield the floor, and I suggest the ab- with ponytails coming out of their hel- team, are from Minnesota. These sence of a quorum. mets. I got my 14-year-old daughter her young women represent cities from The PRESIDING OFFICER. The first pair of Betty hockey skates this corners of Minnesota, such as Fosston, clerk will call the roll. winter, and she uses them proudly. Marshall, Stewartville, Moorhead, The assistant legislative clerk pro- They have the ponytails coming out Hibbing, and the Twin Cities. ceeded to call the roll. their helmets. They are wearing names Congratulations to the University of Mr. COLEMAN. Mr. President, I ask such as Brodt, Darwitz, Wendell, and Minnesota Golden Gophers women’s ice unanimous consent that the order for Potter on their backs. Minnesota has hockey and women’s basketball teams the quorum call be rescinded. always been the State of men’s hockey. for their athletic success, and for, real- The PRESIDING OFFICER. Without Now, thanks to the pioneers of wom- ly, making all of Minnesota proud, objection, it is so ordered. en’s hockey such as the women who doing such a fabulous job of rep- Mr. COLEMAN. I ask unanimous con- just won the national championship, resenting Minnesota on the national sent to speak as in morning business Minnesota can rightly claim to be the stage. for up to 10 minutes. State of all ice hockey. Mr. President, I yield the floor. I sug- The PRESIDING OFFICER. Without Switching from the hockey rink to gest the absence of a quorum. objection, it is so ordered. the basketball gym, the story that has The PRESIDING OFFICER. The GOPHER WOMEN BASKETBALL AND HOCKEY all of Minnesota abuzz right now is the clerk will call the roll. Mr. COLEMAN. Mr. President, in Minnesota Golden Gophers women’s The assistant legislative clerk pro- these challenging times, it is always basketball team’s appearance in the ceeded to call the roll. nice to rise to the floor of the Senate NCAA Final Four. After earning a sev- Mr. DORGAN. Mr. President, I ask to speak about some good things, about enth seed in the regional tournament, unanimous consent that the order for the accomplishments of some of the Minnesota defeated the No. 3 seed, the the quorum call be rescinded. folks from your State that elicit a No. 2 seed, and finally top-ranked The PRESIDING OFFICER (Mr. RAPO). Without objection, it is so or- great sense of pride. Duke, 82 to 75, on Tuesday night. Prior C dered. Minnesota is the home to more than to this year, the Gophers had never Mr. DORGAN. Mr. President, in the 15,000 lakes. It says on our license made it past the Sweet Sixteen in last couple of hours since we had our plates ‘‘10,000 Lakes,’’ but there are three previous NCAA tournaments. vote today, I have been asked by a cou- more than 10,000 lakes. Judging from Now the Gophers will be the highest ple of press people who are lingering in the performance of our homegrown col- seed to play in a Final Four since No. the hallways about the issue of ob- lege athletes this winter, there might 9 Arkansas in 1998. I believe they are structionism. Apparently, there are be something very special in the water. the first No. 7 seed to play in the Final some who suggest there is obstruction I congratulate Coach Laura Halldorson Four. going on in the Senate. and the University of Minnesota Gold- I had a chance to watch—not watch, It is interesting to me that there are en Gophers Women’s Ice-Hockey team, I watched here in Washington—the charges of obstructionism to the Sen- which claimed its first NCAA cham- game against UCLA with my daughter ate’s business. We are not voting pionship this Sunday with a convincing in Minnesota who, in addition to want- today, really. We voted once on a clo- 6-to-2 victory over . ing to be a hockey player, wants to be ture vote. We did not vote yesterday. Finishing with a record of 30 wins, 4 a basketball player. On the phone, play Apparently, we are not voting now losses, and 2 ties, a conference cham- by play, as we were talking about it, I until next Wednesday. pionship, and the top seed in the NCAA just loved the sense of excitement. Why is that the case? Because there tournament, the Gophers did what so I was unable to watch the game was an amendment offered to increase many No. 1 seeds often fail to do, they against Duke the other night; I had a the minimum wage, and the majority finished the job and they brought home speaking engagement at the time of party did not want to vote on the the hardware. the game. But I was anxious, when I amendment. I think Americans love an underdog, checked my cell phone as soon as that It seems to me if there is obstruction but we also enjoy marveling at excel- speaking engagement was over, to hear around here, it is obstructing the abil- lence, and the women Gopher hockey first a message from my daughter, with ity to have a vote on an amendment to

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3549 increase the minimum wage. The peo- to ship back into this country will pay are losing jobs as a result of these ple at the bottom of the economic lad- a lower U.S. income tax. In fact, they many trade agreements. der in this country have not had an in- will largely pay no U.S. income tax. We have the highest trade deficit in crease in the minimum wage for years. We have a tax incentive in our law the history of this country, by far: a It is perfectly appropriate for us to books that says: If you move your $470 billion trade deficit. Every single consider that in the context of welfare plant overseas and produce there for day—every single day—almost $1.5 bil- reform. the purpose of shipping back into our lion in trade deficit; that is, goods we So an amendment is offered; but be- country, we will give you a tax cut. are importing in excess of goods we are cause the majority does not want it to You talk about perversity, this is it. exporting. Someday, someone has to be voted on, business essentially is Our country says: We will reward you pay the cost of that trade deficit. stopped dead on the floor, and there are if you shut down your American com- Now let me describe my concern no votes, and we are at parade rest for pany, your American business, move it about this trade. I am not concerned 4 or 5 days. If anybody is obstructing, I to China, move it to another country, about expanding trade. I happen to be- would say it is those who brought the and ship the product back into our lieve it is largely beneficial to expand welfare reform bill to the floor and country. trade. I think countries that engage in then decided they did not want to vote Well, at a time when we are losing activities because of natural resources, on anything, and we go, day after day, jobs and desperately need jobs in our and other things, where they have a with no votes. And those who create country, the very least we should do— natural advantage, that it makes sense that situation now accuse others of ob- at least the baby step we ought to for us to trade with them, and for those structing. take—is to shut down the perverse in- countries to trade with us in cir- I think it is a curious thing to do, but centive in our Tax Code that says: Ship cumstances that are the reverse. maybe there is a language here I have your jobs overseas and we will give you But that is not the case with most not yet learned and do not yet under- a big break. trade agreements today. In fact, the stand. But there is certainly no ob- We will have an opportunity to vote case is we have not a doctrine of com- struction on the part of those of us who on that. The Senate voted on that, ac- parative advantage, as Ricardo used to want to have a vote on the amend- tually, in an amendment I offered some talk about nearly 200 years ago. The ments we offered. years ago, and my amendment came up doctrine of comparative advantage is OUTSOURCING OF AMERICAN JOBS short. Perhaps having lost now 2.5 mil- irrelevant. It is a natural advantage Mr. President, we are going to be lion net jobs in the last 31⁄2 years, the that becomes a political advantage by turning, we think, in the next week or Senate will come to a different conclu- countries that create circumstances of two back to a piece of legislation that sion. I hope that is the case because production that are fundamentally un- was on the floor of the Senate that was this issue of jobs is critically impor- fair with respect to free trade. also pulled from consideration because tant. An example: A country says: We will they did not want a vote on an amend- TRADE AGREEMENTS not allow workers to organize. If they ment that was pending. When that bill Mr. President, I have spoken often on try to organize, we will fire them. And, comes back that deals with the issue of the floor of the Senate about the sub- oh, by the way, we will not require the tax incentives for foreign sales—when ject of international trade. I will do so payment of any kind of a minimum that bill comes back to the floor, I in- again briefly, just to say we have re- wage. You can hire workers for 16 cents tend to offer an amendment dealing cently negotiated two free trade agree- an hour, if you wish. And, by the way, with an issue that has been discussed ments, negotiated by the trade ambas- there is no age issue with respect to recently, and that is the movement of sador. I do not expect either, frankly, child labor, so if you want to pay 16 jobs from this country to overseas. to come to the floor of the Senate this cents an hour, and hire a 12-year-old We talk a lot about the concern of year. Why? Because I do not expect the kid to do it, that is fine as well. And, the outsourcing of jobs. This country, administration, which negotiated these also, we will not require the workplace as you know, has lost over 3 million trade agreements, will want to have a be safe. If you want to hire 12-year- jobs in recent years, the last 3 years or debate on them: the Central American olds, pay them 12 cents an hour, and so, 31⁄2 years, and we are now down a Free Trade Agreement and the Aus- put them in an unsafe workplace, that net roughly 2.5 million jobs. We gained tralian Free Trade Agreement. Why is all right, too. By the way, when you a few jobs back, but we are about 2.5 don’t they want to have a debate on do it, and you have a 12-year-old work- million jobs less than we were 31⁄2 years them? Because, like most recent trade ing in an unsafe plant, working 12 ago. agreements, they are not mutually hours a day, 7 days a week, you can So the question is, will this economy beneficial; that is, beneficial to us and dump the chemicals into the air and create new jobs? We need them des- those with whom we negotiated the the water from that plant, and that is perately. The other question is, why treaty. In most cases, they will end up just fine as well. are we having policies in place that re- costing this country lost jobs and large Now if countries decide that is the main in place that actually incentivize trade deficits. condition of production in their coun- the movement of jobs overseas? I will not go into great discussion try, and plants move to those countries Let me describe one of them I intend about the so-called CAFTA, Central to hire those workers so they can to fix with an amendment as soon as I American Free Trade Agreement, or to produce a product to ship back into our have the ability to offer the amend- go back and talk about NAFTA, the country, is that what we should aspire ment on the floor of the Senate. North American Free Trade Agree- to have American workers compete Assume, for a moment, there are two ment, both of which are terrible agree- with? The answer is, no, of course not. businesses. Both produce garage door ments, or the recent bilateral agree- Yet that is exactly what is happening openers. They are both located in the ment we did with China, which is an today. You think I am wrong? Check United States. They both manufacture awful agreement, or the agreement the facts. I am not saying in every fac- garage door openers, and they sell with Australia that really short- tory they are hiring 12-year-olds, but I them in the United States. One of them changes us in terms of what we should am saying it is happening in many decides they will move to China, so have required to have happen with parts of the world. I will give you one they move their plant to China. They state trading enterprises. I will not do example I have used on the floor of the fire their American workers. They hire that. But suffice it to say, I do not ex- Senate previously to describe in more workers in China. They make the same pect there to be brought to this floor a specific terms the way this works. garage door opener in China and ship it debate on this trade agreement by the This is a picture of a Huffy bicycle. back to our country. administration because that is the last Most people know about Huffy bicy- There is one substantial difference thing they want between now and this cles—20 percent of the American mar- now between those two firms, and that election, because it will be a signifi- ketplace. You can buy them at K-Mart, is the taxes they will pay on the profits cant debate about jobs and whether you can buy them at Wal-Mart, and they earn. The company that has these trade agreements cost us jobs or you can buy them at Sears. Huffy bicy- moved to China to produce the product gain jobs. The record is quite clear, we cles used to be made in Ohio. They

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3550 CONGRESSIONAL RECORD — SENATE April 1, 2004 were made by workers who made $11 an That is not true. The three largest because most of our trade policy is hour. They would get up and go to exports from Mexico are automobiles, mushy-headed, foreign policy rather their jobs. I am sure they were proud of automobile parts, and electronics—the than sound, sensible economic policy. their jobs. They worked $11-an-hour product of high-skilled labor. It has We had a dispute with Europe on jobs in Ohio to make Huffy bicycles. cost dearly American jobs. about beef trade, because Europe will Right between the handlebars and the There are so many elements to this not allow U.S. beef into its market. front fender they had a little insignia, that almost defy description. Part of it The WTO, for a change, ruled that the a little metal insignia of the American is the start of this process, when we ne- United States was right, and that we flag. gotiate the trade agreement. Let me could retaliate on Europe for blocking Well, Huffy bicycles are no longer give you one of the most idiotic provi- our exports. And what do we do? We made in America. They are now made sions in an agreement I have ever seen. put tariffs on Roquefort cheese, goose in China. The workers who made Huffy It was done a couple years ago. I have liver, and truffles. That is going to bicycles in Ohio were fired because $11 no idea which unnamed and unseen ne- scare the devil out of somebody, scare an hour was too much to pay someone gotiator negotiated this, but we nego- them with tariffs on Roquefort cheese, to make a bicycle. Huffy bicycles are tiated a bilateral trade agreement with goose liver, and truffles, won’t it? now made in China by workers who China. And we have with China a very Our country’s trade officials don’t work 7 days a week, 12 to 14 hours a large trade deficit, now nearly $130 bil- have the foggiest idea how to deal with day, and are paid 33 cents an hour. In lion a year. So this is what our side trade problems, whether it is standing fact, Huffy bicycles no longer have the agreed to: we will put a 2.5-percent tar- up for beef interests in this country or decal of the American flag between the iff on Chinese automobiles shipped to standing up for manufacturers or the handlebar and the front fender. They the United States, and the Chinese will interests of workers. Our trade officials have a decal of the globe, descriptive, impose a tariff 10 times higher on any simply have been AWOL. it seems to me, of what is happening to U.S. cars that we aspire to sell in There is much to talk about with re- the elements of production and the China. spect to international trade and jobs. manufacturing base in this country. How would one come to that agree- The discussion about all of this relates The question is this: Is it fair com- ment with a country with whom we to whether we have a job base to allow petition to ask workers in Ohio, mak- have such a large trade deficit? I have those who aspire to go to work to find ing $11 an hour, to compete with work- no idea. It is fundamentally incom- a job. We have seen 2.5 million fewer ers in China who work 7 days a week, 1 petent to negotiate treaties that so un- jobs now than 3 ⁄2 years ago, and at and make 33 cents an hour? Does that dermine the basic manufacturing inter- least a part of that is because we are represent fair competition? Is that ests of our country. outsourcing and seeing jobs move from what we aspire to do? Or is this driving Another example of automobiles—I this country to other countries. to the bottom the wages of American don’t come from a State that produces At least two of the reasons for that workers? And is it exporting the manu- automobiles—is the country of Korea. I are, one, we have a perverse Tax Code facturing expertise and base of the U.S. have a chart that shows what is hap- that actually rewards companies that economy? move their jobs out of this country, Globalization has happened quickly. pening with Korea. We import a sub- stantial number of cars from Korea. and we ought to do something about The rules of globalization have not that. And, second, we have basically in- Most people know the names of those kept pace. We know that we don’t want competent trade agreements that fail cars. They buy those cars. We have the product of Chinese prison labor to to stand up for this country’s economic ships coming across the ocean loaded come in and hang on a store shelf in an interests. American store and represent that as with Korean cars. In fact, in a recent My hope is that we could have a de- fair competition. Most all in the Cham- year, we had 618,000 Korean cars bate on trade in the Senate this year. ber would probably agree the product shipped in the U.S. marketplace for It appears to me we are going to have of Chinese prison labor ought not be sale. Do you know how many cars we a debate on virtually nothing. The sold in this country because it is not sold in Korea? Two thousand eight hun- minute someone offers an amendment, fair competition. But then what about dred. So there were 618,000 cars coming the others pack up their duffel bags someone in Indonesia who works for 16 from Korea to the United States and and leave town. I don’t understand it. cents an hour? Is that fair competition 2,800 cars from the United States to Day after day we have no votes. Why? for an American worker? Should we as- Korea. Because someone dared come to the pire to have an American worker com- Why is that the case? Is it because floor to say, after 6 or 8 years, maybe pete in a circumstance where someone Korean consumers don’t want to buy we should have an increase in the min- works 12 hours a day, sleeps in a bunk- American cars? No. It is because the imum wage. er, 12 to a room, works 7 days a week Korean government has put up barrier What does that do? It fills up air- in a plant that is unsafe? after barrier to try to stop such sales. planes leaving Washington, DC, be- The question of outsourcing of Amer- That is why you have a ratio of 217 to cause nobody wants to vote. And while ican jobs and the question of what is 1 Korean cars sold in the United States they are out of town, they tell the fair trade are questions that this Con- to U.S. cars sold in Korea. Why do we press that those who offered the gress ultimately will have to answer put up with it? It is because this coun- amendment are obstructionists, forget- because, if not, we will see a continued try lacks the backbone and the spine ting, of course, that the obstruction is exodus from this country of jobs. and the will to demand fair trade and really the refusal to give a vote to The economists, the so-called big stand up for our products. If our pro- those who offered a very sensible thinkers who wear small glasses, tell ducers can’t compete, shame on us. amendment to the bill. us we are only talking about the out- Then we lose. But requiring our pro- Most of us came here because we sourcing of low-tech, low-skill, low- ducers to compete when the game is want to do serious things about serious wage jobs. That is absolutely untrue, rigged, saying our producers ought to issues. It would be good if, in the inter- flat out false. If those economists are compete, when foreign markets are est of this country, we could, in a spirit still giving opinions and still making closed to us, is fundamentally wrong. of some cooperation, decide here is the money, they should not be. I won’t Yet that is what is happening. Japan, legislation we want on the floor, offer name the economists, but the econo- Europe, Korea, China—you can go right your amendments, have reasonable mists who told us what would happen down the list. time agreements, have votes, and move with the United States-Mexico trade I have mentioned a number of times on. Whatever the will of the Senate is, agreement who were dead, flat out that we have a trade regime in this that is what we ought to do. wrong. They said with that agreement country and people who work in that But instead, especially recently, we we will import from Mexico the prod- area seem to lack the stiff backbone have seen a regrettable situation of the uct of low-skilled, low-wage labor, and that is necessary to stand up for our Senate deciding, if there is a con- we will, therefore, benefit from that. It own economic interests. There is no troversial amendment that is offered, won’t cost us high-skill, high-wage evidence that we ever get tough with the majority doesn’t like it, we will labor in the United States. anybody, no matter the circumstances, just stop working.

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3551 There is a lot to do. This country has GET OUTDOORS ACT each year through the appropriation an economy that regrettably at this Ms. LANDRIEU. Madam President, I process. point, while producing some growth, is rise with my colleague from Tennessee, However, as we have painfully wit- not producing jobs. I just finished read- to recognize the introduction of legis- nessed since then, that commitment ing an article by an economist from lation in the House of Representatives has not been honored. What has hap- the Reagan administration, Paul Craig today by Congressmen DON YOUNG of pened is exactly what those of us who Roberts, who was one of the architects Alaska and GEORGE MILLER of Cali- initiated the effort always anticipated. of the economic strategy back in the fornia. The Get Outdoors Act is similar Each of these significant programs has 1980s. Paul Craig Roberts has it about to an effort that many of us in the been shortchanged and a number of right. He said this may well be an eco- House and Senate were involved in dur- them have left out altogether or forced nomic recovery without new jobs—a ing the 106th Congress. to compete with each other for scarce jobless recovery. And if that is the I am particularly pleased to be joined resources. So, today, the House has case, we are in trouble. by Senator ALEXANDER to announce taken a great step to introduce similar We need to search for ways to begin our intention to introduce similar leg- legislation. The principle of the bill to create these jobs. If we have a recov- islation in the Senate in the coming Senator ALEXANDER and I will soon in- ery and no new jobs being created, we weeks. troduce provides a reliable, significant face some pretty difficult times. The The principles and concepts within and steady stream of revenue for the American people want to go to work. this legislation from the 106th Congress urgent conservation and outdoor recre- These kids coming out of college want were then and continue today to be one ation needs of our rapidly growing cit- jobs. They want opportunity and hope. of the most significant conservation ef- ies. forts ever considered by Congress. Our They want a good future. You do that If we were to look at a map of the goal is to provide a steady, reliable by having an economy that produces country and put lights where most of stream of revenue to fund some of the jobs. There is no social program we dis- the population is, we would see a most urgent conservation needs in the cuss in the Congress that is as impor- bright ring around the country because country. tant or as productive as a good job that two-thirds of our population reside The Get Outdoors Act, or GO Act, as pays well. within 50 miles of our coasts. As a Sen- the House bill will be referred to, is al- That is what allows people to have a ator from a coastal State, I understand most identical to the legislation con- good life, provide for their family, and the pressures that confront many of sidered by the House and Senate in the do the things they want to do. So the our coastal communities. question for us is, what happened here? 106th Congress. That legislation had Today, with the price of oil near a 13- Why the disconnect? Why is an econ- overwhelming bipartisan support. It year high we should channel some of omy that is growing not producing was a landmark, multi-year commit- those revenues and re-invest them in jobs? ment to conservation programs bene- our natural resources. One answer is that we are seeing jobs fitting all 50 States. moving to Sri Lanka, Bangladesh, The legislation we will be intro- Some of the programs in the legisla- China, Mexico—you name it. They are ducing uses a conservation royalty tion we plan to introduce will include: leaving. As they leave, a part of that earned from the production of oil and impact assistance, coastal conserva- departure is to be rewarded with a re- gas off the Outer Continental Shelf for tion and fishery enhancement for all verse tax cut, a tax incentive that says the protection and enhancement of our coastal States and eligible local gov- we will reward you while you leave. natural and cultural heritage, threat- ernments and to mitigate the various We ought to close that now. We ened coastal areas and wildlife habitat. impacts of producing States that serve ought to go back and look at some of It also reinvests in our local commu- as the ‘‘platform’’ for the crucial devel- these trade agreements and decide nities and provides for our children and opment of Federal offshore energy re- whether it is in this country’s interests grandchildren through enhanced out- sources from the Outer Continental not to be protectionist but to demand door recreational activities. Shelf. It does not reward drilling, but that the rules of trade be fair. If we are By enacting this legislation, we can it does acknowledge the impacts to and unwilling to do that, we are not going ensure that we are making the most the contributions of States that are to see the creation of the kind of jobs significant commitment of resources to providing the energy to run the coun- that are necessary to restore the 21⁄2 conservation ever and ensure a positive try; flexible and stable funding for the millions jobs that were lost and pro- legacy of protecting and enhancing cul- State and Federal sides of the Land vide the additional jobs an increase in tural, natural, and recreational re- and Water Conservation Fund while population requires year by year. sources for Americans today and in the protecting the rights of private prop- Mr. President, there are no votes future. erty owners and with a particular em- today, tomorrow, Monday, or Tuesday. As many of our colleagues will re- phasis on alleviating the maintenance I guess the Senate comes back with member, during the 106th Congress the backlog confronting our national perhaps a vote on Wednesday. I hope House of Representatives passed al- parks; wildlife conservation, education that perhaps we can start over and de- most identical legislation by a vote of and restoration through the successful cide to treat seriously those things 315 to 102 and the Senate Committee on program of Pittman-Robertson; urban that are serious. There is such a tend- Energy and Natural Resources reported parks and recreation recovery to reha- ency here to treat lightly those things a similar version that had the support bilitate and develop recreation pro- that are serious and treat seriously of both the Chairman and Ranking grams, sites and facilities enabling cit- those things that should be treated Member. ies and towns to focus on enhancing lightly. We never get to where we In addition, in September of 2000, a the quality of life for populations with- should be with respect to the interests bipartisan group of 63 Senators sent a in our more densely inhabited areas by of this country. letter to the majority and minority providing more green-spaces, more I yield the floor and suggest the ab- leaders indicating their support to playgrounds and ball fields for our sence of a quorum. bring the bill to the floor. The effort youth and the parents and community The PRESIDING OFFICER. The was supported by Governors, Mayors leaders that support them; historic clerk will call the roll. and a coalition of over 5,000 organiza- preservation programs, including full The assistant journal clerk proceeded tions from throughout the country. funding of grants to the States, main- to call the roll. Unfortunately, despite that tremen- taining the National Register of His- Mr. ALEXANDER. Madam President, dous and unprecedented network of toric Places and administering the nu- I ask unanimous consent that the order people who came together in support of merous historic preservation programs for the quorum call be rescinded. the legislation, our efforts were cut that are crucial to remember our proud The PRESIDING OFFICER (Mrs. short before a Bill could be signed into past and fully funding the Payment In DOLE). Without objection, it is so or- law. Instead a commitment was made Lieu of Taxes program, or PILT, in dered. by those who opposed the legislation to order to compensate local govern- The Senator from Louisiana. guarantee funding for these programs ments, predominantly out west, for

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3552 CONGRESSIONAL RECORD — SENATE April 1, 2004 losses to their tax bases because the first with members of our committee. think the Federal Government not Federal Government owns so much We want to discuss it next with others, only has enough but it has too much, land in a number of those States. such as the Presiding Officer of the and they don’t want to see legislation While we confront the challenges of a Senate, who has a long interest in con- that would acquire more. war, budget deficits and a struggling servation matters. We want her ideas We need to take that into account as economy, I believe it would be wise and and those of others. Then, perhaps in 3 we develop a piece of legislation that we would show good stewardship to weeks, after the recess, we will be able will represent the conservation major- take this opportunity to set aside a to come forward with a piece of legisla- ity but do it with respect for those small portion of the oil and gas royal- tion that has broad bipartisan support. States that are already largely owned ties to our States and localities for ini- As the Senator from Louisiana said, by the Federal Government. tiatives such as outdoor spaces or this morning Congressman YOUNG of Our legislation, like that proposed in recreation facilities where our children Alaska and GEORGE MILLER of Cali- the House, will ensure that State and can play. The essence of this legisla- fornia introduced the GO Act, the Get Federal parts of the Land and Water tion, the American Outdoors Act, is to Outdoors Act of 2004. I believe they Conservation Fund will fulfill the in- take the proceeds from a non-renew- used it to emphasize we might do some tention that Congress originally envi- able resource for the purpose of rein- work on this obesity problem that is sioned. It will provide for wildlife con- vesting a portion of these revenues in really worrying us, in terms of health, servation. That will benefit hunters the conservation and enhancement of if more of us spend a little more time and fishermen. There are more hunters our renewable resources. walking outdoors, playing outdoors, and fish people with hunting and fish- We wanted to come to the floor today and taking advantage of our country. ing licenses in Tennessee than there to share these ideas with our col- As the Senator from Louisiana said, are people who vote. I am not sure that leagues, to encourage their input and the bill therefore will provide, I be- is a statistic to admire, but it is a fact, ask them to be a part of this unique lieve, about $3 billion in guaranteed an- and it is one to which I pay attention. conservation effort. nual funding for outdoor recreation Bird watchers and all Americans who I would also like to add how much I purposes. It would be paid for, as she enjoy outdoor recreation will benefit appreciate the leadership of Senator described, by what I think of as a con- from this legislation. It will provide ALEXANDER. I think we will make a servation royalty. This is the way I funds to establish city parks so the great team and thank him for his co- think of it. It is a royalty on the reve- children in and around our metropoli- sponsorship as we attempt to move this nues from oil and gas drilling on off- tan areas can have decent, clean places legislation through the process. shore Federal lands. After the royalties to play; so families can have decent The PRESIDING OFFICER. The Sen- are paid to the landowner and after the places to go; and so senior Americans ator from Tennessee. royalties are paid to the State, this can have decent, safe places to walk. Mr. ALEXANDER. Madam President, Someone once said Italy has its art, conservation royalty would be paid to the Presiding Officer and I are new England has its history, and the United a trust fund which would then spend Members of the Senate, but we learn States has the Great American Out- the money for the benefit of conserva- our lessons pretty quickly. One of the doors. Walt Whitman wrote, ‘‘If you tion. Then, after that, the rest of the things you learn here is if you want to would understand me, go to the heights Federal revenues would go into the reg- have an impact in the Senate, you have or watershores.’’ to put a focus on something you care ular Federal appropriations process. Our magnificent land, as much as our about and then keep after it. That is the way I like to think about love for liberty, is at the core of the The Senator from Louisiana has done it and I hope that is the way a majority American character. It has inspired our that. In her first term here she focused of the Members of the Senate will want pioneer spirit, our resourcefulness, and on the great American outdoors. Work- to think about it as well. our generosity. Its greatness has fueled ing with others, she came pretty close As the Senator said, we will be dis- our individualism and optimism and to passing an important piece of legis- cussing these concepts that she so well has made us believe that anything is lation 3 years ago. outlined with our colleagues. And we possible. It has influenced our music, There were some problems in it for hope they will join us as cosponsors. As literature, science, and language. It Members of the Senate. It is my goal, she said, our bill will be similar to that has served as the training ground of working with her this year, and we which was introduced this morning in athletes and philosophers, of poets and hope with many others of our col- the House of Representatives, but it defenders of American ideals. leagues on the Energy and Natural Re- will not be the same. That is why there is a conservation sources Committee and others of our In addition, it will be similar to the majority—a large conservation major- colleagues on both sides of the aisle, to so-called CARA legislation that Sen- ity—in the United States of America. solve those problems and come up with ator LANDRIEU and many others That is why so many of us, as the legislation that represents the con- worked hard on 3 years ago, but it will Senator from Louisiana said, feel a re- servation majority, the huge conserva- not be the same. There are some les- sponsibility in our generation to en- tion majority that exists in the United sons that we need to learn from what sure to the next generation the inspira- States of America. happened 3 years ago. tion of the dignity of the outdoors, its The conservation majority of this For example, the cost of the Senate power, its elemental freedom; the op- country does not have a line down the legislation may not be as much as the portunity to participate in the chal- middle with chairs on each side. It ex- cost of the legislation offered in the lenges of its discovery and personal in- ists on both sides of every aisle and has House. That is yet to be determined. volvement; and the fulfillment that is broad support. We are good legislators, In addition, as the Senator said, we to be found in the endless opportunities and if we are as good as we hope we intend to discuss with our colleagues for physical release and spiritual re- are, we will be able to work and rep- whether States should have the option, lease. resent what our constituents would for example, of spending the Federal Some of the words I just used came like us to do. So it is a privilege for me share of the Land and Water Conserva- from the preamble of President Ronald to work with Senator LANDRIEU. We tion Fund for maintenance of Federal Reagan’s Commission on American both serve on the Energy and Natural lands rather than for acquisition. Outdoors, which I chaired in 1985 and Resources Committee. We are fortu- I have learned over the years that 1986. nate under Chairman PETE DOMENICI there is a big difference of opinion be- In 1985, President Reagan asked a and ranking member JEFF BINGAMAN tween Senators from the West and Sen- group of us—I was then the Governor of that we, most of the time, are able to ators from the East about the acquisi- Tennessee—to look ahead for a genera- work in a bipartisan way. So we are off tion of Federal lands. In North Caro- tion and see what needed to be done for to a good start in terms of fashioning a lina and Tennessee, we don’t have Americans to have appropriate places piece of legislation that will gain the much Federal land. So a lot of us—even to go and what they wanted to do out- support of our colleagues. many of us conservative Republicans— doors. We are deliberately today not offer- would be glad to have a little more. Our report, issued in 1987—very near- ing legislation. We want to discuss it Out West there are a lot of people who ly a generation ago—recommended

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3553 that we light a prairie fire of action to his years of service in Tennessee, and conservation majority in the United protect what was important to us in as Chairman of this important Com- States. the American outdoors and to build for mission that outlined some of the prin- Most Americans, as President Rea- the future. We focused on the impor- ciples we are talking about and search- gan’s Commission thought and almost tance of a higher outdoors ethic, sug- ing for solutions to today; and for his all Members thought, of course, we gested an ‘‘outdoor corps’’ to improve eloquence in reminding us that even have to drill for oil and gas; otherwise recreational facilities. We examined more than good stewardship is re- our natural gas prices are going the role of voluntarism. We pointed out quired. through the roof; our jobs will be in that the park most people like is the One particularly fresh idea that he Mexico; our lights will be out. Of park closest to where they live and has brought to this effort is the con- course we have to do that. how important it is, therefore, to have servation royalty. Is that an insult to the environment? urban parks as well as great national I think we can begin to see that the Yes, it is. What do we do about it? Shut parks. We warned of how the liability companies are not only paying a roy- down the wells? No, one thing we can crisis and runaway lawsuits threatened alty to the Government, but they are do is take some of that money—actu- our outdoor activities and called for a paying a royalty to future generations ally a lot of this money—and pay a new institution or set of institutions to through conservation. I think it is roy- conservation royalty, compensate for train leadership for outdoor recreation. alty they would gladly pay. We are not that by creating a conservation benefit We formed State commissions, such asking them to pay more than they are on the other side. This idea of the land as Tennesseans Outdoors, which went today. But a portion of what they pay and water conservation fund has been to work with the same objectives in today. endorsed by politicians of both parties our own State that we had in our na- I thank the Senator for his leader- for a long time. What we are trying to tional Commission. ship, and I look forward to getting, as do today is assure a steady stream of We envisioned a network of green- we said, ideas from our colleagues, tak- revenue to the State and Federal side ways, scenic byways, and shorelines. ing it to the Energy Committee and de- of the conservation fund, plus a num- Most of the action we suggested was veloping broad bipartisan support. ber of other conservation areas, in a not from Washington, DC, but was Even in these days of tight budgets, we way that respects each of our States. community by community by commu- can think about setting aside a portion We can do it. There is enough of a ma- nity. of these revenues which are not insig- jority; we can do that. But we also acknowledged the impor- nificant. As you know, last year we President Reagan’s Commission on tant role the Federal Government has generated $6 billion off the coast pri- Americans Outdoors from 1985, 1986, to play in providing outdoor recreation marily of Louisiana, Texas, Mis- and 1987, and the work that Senator LANDRIEU and the majority in both opportunities. Of course, we must have sissippi, and Alabama, while still hon- Houses did, form a wonderful begin- clean air and clean water, and we must oring the moratorium that is in place ning. We will see in the next few weeks protect and enhance recreation oppor- along the western coasts the eastern if we are wise enough to take that to a tunities on Federal lands and waters. coasts and Florida. Even honoring the successful conclusion. Almost all of us on the Commission moratorium in place, we still were able I suggest the absence of a quorum. called for the creation of a $1 billion to generate billions of dollars. Hope- The PRESIDING OFFICER (Mr. fund to fully fund the Land and Water fully through this legislation we can ALEXANDER). The clerk will call the Conservation Fund—both the State dedicate that conservation royalty, a roll. share and the Federal share. This is a portion, to the worthy causes. The assistant legislative clerk pro- way of balancing our need for more oil I thank the Senator. ceeded to call the roll. and gas with our need for recreational Mr. ALEXANDER. Madam President, The PRESIDING OFFICER. The Sen- opportunities in the outdoors. I thank the Senator from Louisiana. ator from North Carolina. As I mentioned earlier, I think of Her comments make me think of this Mrs. DOLE. I ask unanimous consent these annual payments from the reve- report. Let me hold this up. So staff that the order for the quorum call be nues derived from offshore drilling for will not worry, I will not ask to put rescinded. oil and gas on Federal land as a royalty this in the CONGRESSIONAL RECORD. The PRESIDING OFFICER. Without payment. Pay the owner a royalty, pay There is a summary I will bring to the objection, it is so ordered. the State its royalty, then pay a con- Senate when we introduce the bill. FALLUJAH DEATHS servation royalty for the use of that re- This is the report of President Rea- Mrs. DOLE. Mr. President, I watched source. Then the rest of those revenues gan’s Commission on Americans Out- with horror yesterday as the media dis- go into the Federal Treasury to be ap- doors, published in 1987. It is a very played the images of crowded streets, propriated. Pay a $3 billion annual con- good resource and backup for many of in Fallujah—and burning bodies in the servation royalty—that is the number the ideas we envision being part of this center of that horrific celebration. In that the House bill uses—before it ever legislation. the middle of that city that is part of gets to the Federal appropriations I learned very quickly as Chairman the volatile Sunni Triangle, four Amer- process. Then appropriate the rest. of this Commission that most of the icans were attacked, executed, and I believe this legislation will have decisions we have to deal with in envi- then burned as a mob of Iraqis danced broad bipartisan support in the Senate. ronmental and conservation matters around the corpses. I look forward to working with Sen- involve balance. Senator LANDRIEU and I found it hard to believe I was ator LANDRIEU, Chairman DOMENICI, I know, because of our service on the watching a news program, given that with our colleagues on the Energy and Energy and Natural Resources Com- the scene playing out before my eyes Natural Resources Committee, and mittee, as we work hard to try to de- looked far more like a gruesome movie with all of our colleagues on both sides velop a national energy policy, that we than tragic reality. of the aisle to fashion legislation that are having a difficult time as a country Sadly, it was a reality—and that re- is good legislation, that represents the compromising, creating balance be- ality continues today. Families have overwhelming conservation majority tween our need to produce and our need been notified that their loved ones in the United States of America, and to conserve. were among the four casualties and are which can pass the Senate and the I certainly do not want to draw into mourning the loss of these brave souls. House of Representatives this year. this discussion all of those arguments. My home state of North Carolina I thank the Chair. I will say very little more about it ex- grieves today as well. The four men The PRESIDING OFFICER. The Sen- cept it would be nice to find in this who were brutally assassinated yester- ator from Louisiana. contentious Presidential year, in this day were employees from Blackwater Ms. LANDRIEU. Madam President, I time when we have so much disagree- Security Consulting, based in a city in commend my colleague, the Senator ment about energy production and con- northeastern North Carolina. Prelimi- from Tennessee, for his leadership—as I servation, one area where we could nary reports tell us that three had been said, for not just this year and the show we are skilled enough as legisla- Navy SEALs and one had been an Army years he has been in the Senate but for tors to properly represent the huge Ranger.

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3554 CONGRESSIONAL RECORD — SENATE April 1, 2004 The four contractors were stationed erage of maybe $15 or $20 or $30 a that. There is a proposal that has just in Fallujah to provide a convoy of secu- month more. been brought forth. It is called the Gas- rity—the very purpose of their pres- In fact, I and the chairman of the En- oline Free Market Competition Act of ence was to protect the lives of Iraqi ergy Committee, PETE DOMENICI, and 2003. Each time we see something like men and women and they in turn were others, held a press conference to speak this as an idea, it is important that we subjected to such barbaric and des- to the issue of energy and why the Sen- put it in the right context. Each time picable acts. ate was not yet debating a comprehen- a government agency investigates gas- Yesterday’s attack on these innocent sive energy bill that is ready for us to oline prices—and there have been 29 men only further illustrates the evil debate once again and vote on. such investigations by Federal and influence still has At that time I mentioned the average State agencies over the past several over so many Iraqis. We are told that consumer today will pay, as an indi- decades—the findings literally have the 150,000 residents of Fallujah are vidual, $300 or $400 more a year for the been all the same. The market controls being held captive by a brutal regime price of energy, and collectively, as a the price of energy, not some unscrupu- that wants nothing more than to re- family, they may well pay more than lous producer. It is the market forces turn to the past days of tyrannical rule that. When you consider their elec- that ultimately produce the price at and streets of violence. The perpetra- trical bills and space heater bills, the the pump. tors of these ghastly acts hate freedom, average family is going to pay consid- The purpose for antitrust law is to loathe democracy and wish to turn erably more this year. That is money protect the interests of the consuming back the clock—it is important to say that won’t come as a result of having a public, not to increase the profit of any now more than ever that we will not pay raise and, therefore, having the level or type of distributions, which is let this happen. money to offset those costs. Those are what happens in the legislation I have Mr. President, the horrific slaughters dollars and cents that are going to mentioned, which is S. 1731. That par- yesterday will not weaken the Amer- come directly out of the family budget ticular legislation would try to dictate ican resolve to bring order, democracy, this year. It will have a substantial im- refiners’ distribution practices. I don’t and peace to this war torn nation. The pact on that family’s ability to do think our Government ought to ever criminal who orchestrated these mur- what they did a year ago, whether it get into the micromanagement of a ders are few—and the Iraqis who stand was providing food for the table, marketplace. Our goal—and it always firm against such violence are the men clothes for their children, or maybe the should be our goal—is to create trans- and women we are seeking to serve as family vacation, or the recreational parency in the markets so all of the the Coalitional Provisional Authority value they place on a certain activity parties involve can understand them. acts to establish stability in the middle that would cost them a certain amount As noted in a recent economic study of chaos. of energy. on ‘‘The Economics of Gasoline Retail- As peace and order are brought to all I mentioned some days ago that I ing,’’ a Dr. Andrew Kleit, professor of regions of Iraq, may justice arrive think probably families are already, if energy and environmental economics alongside them. It is my sincere hope they own a motor home, recalculating at Penn State University, puts it this that those responsible for these at- whether they will actually be able to way: tacks will not escape punishment. Let take that home and go someplace in our response be swift and just. the country this summer because of There is a difference between protecting While I wish there were more I could the potential cost, additional cost that competition and protecting competitors. Protecting competition means moving to offer to the families who grieve the 15 or 20 cents on a gallon of gas will provide consumers with the lowest sustain- horrific loss of their loved ones, my mean this year. Those are all very real able prices, not protecting the profits of any condolences and my prayers are all I issues and some that clearly this Sen- level of production or any individual firm. have. My heart aches for the tears of so ate ought to address. Professor Kleit’s analysis shows that I have said for that average consumer many—and my earnest prayer is that eliminating the ability of refiners to who is asking the question why, I have we see the end of these tragedies as restrict where their brands can be dis- an answer. The answer is that the Sen- brave Americans continue their work tributed, as proposed in S. 1737, would ate of the United States has refused to in Iraq. I deeply believe in their mis- likely reduce refiners’ investment in bring out and pass and set on our Presi- sion and in the cause of democracy, distribution outlets and ultimately dent’s desk a comprehensive energy freedom, and peace. harm consumers. I suggest the absence of a quorum. bill that addresses those and other The PRESIDING OFFICER (Mrs. issues that in the long term will get us From a competitive point of view, Professor Kleit says, ‘‘these calls [for DOLE). The clerk will call the roll. back into the business of producing en- The assistant legislative clerk pro- ergy for our country and becoming less this type of distribution concepts in ceeded to call the roll. dependent on foreign supplies and, legislation] are [clearly] misguided.’’ Mr. CRAIG. Madam President, I ask therefore, certainly dependent upon The strategy at issue is the result of unanimous consent that the order for ourselves more than others. It is an im- competition between various forms of the quorum call be rescinded. portant issue that we have before us distribution in gasoline marketing. The PRESIDING OFFICER. Without today. This competition promotes efficiencies objection, it is so ordered. We have even seen it now break into which benefit consumers by bringing Mr. CRAIG. I ask unanimous consent Presidential politics, as Senator KERRY products to market for less cost. My to speak for not more than 15 minutes speaks of ways he can propose to bring fear is S. 1737 would not protect com- as in morning business. down those prices. I have noticed he petition, only some of the competitors. The PRESIDING OFFICER. Without has not talked about production. He That is clearly where we ought not objection, it is so ordered. has not talked about increasing pro- be going. But what I think S. 1737 real- ENERGY PRICES duction. So there are going to be a lot ly does is it tries to speak to a market Mr. CRAIG. Madam President, I have of schemes. I use the word ‘‘scheme’’ today that is a product of Government spoken in the last 3 days about the cur- because some are scheming at this mo- interference in the past. By that I rent price crisis this country is experi- ment as to how they might turn this to mean standards and new standards that encing with the critical resource en- their political advantage, tragically do not allow the normal marketplace ergy. The American consumer is going enough; that is, the price of energy at to flow and that, ultimately, confuse to the pump in their local community this moment. the process and create dislocations, today to refuel their car and paying Why don’t they just stop and ask the whereas a more free market approach record high prices; in fact, the highest Senate why they can’t pass a com- certainly would allow that to happen. ever recorded on average in our his- prehensive national energy policy for As we have seen in recent years, the tory. I would hope they are beginning our country? We have been 14 years Federal Trade Commission has care- to ask the question why, why is this without any new directions or new fully studied many of the proposals happening and why am I having to pay ideas as it relates to energy produc- about mergers within the industry. In another $5 or $6 per tank of gas, an av- tion, and it is clearly time we speak to many instances, the FTC has required

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3555 companies to sell assets to new com- something. Pass a national energy pol- Last month, the economy added only petitors as these mergers occur. Let me icy. Put it on the President’s desk and 21,000 new jobs—every one of them in give some examples. allow this country to get back into the government. 21,000 new jobs. That is For example, the Exxon Mobil merg- business of production and meeting the one job for every 389 Americans who er in 1999 resulted in the largest retail supply to the market, instead of trying need jobs. divestiture in FTC history—the sale or to find a scheme or another excuse that All over America, people who have assignment of approximately 2,431 will only be a short, limited political lost jobs are draining their savings ac- Exxon Mobil gas stations in the North- ground on which to stand. counts, tapping their 401(k)s, and run- east and mid-Atlantic, some 1,740; Cali- I believe there is no place to hide ning up expensive credit card debt to fornia stations, some 360; Texas sta- today and no Senator can have that op- try to make ends meet. tions, 319; and in Guam, 12; and the sale portunity. The vote has been on the The average length of unemployment of Exxon refineries in California, ter- record. Let’s change the record and im- is at a 20-year high. minals, a pipeline and other assets. prove the record by the passage of a na- When people finally find work, it So my point is, while we may try to tional energy policy that will once often involves a substantial cut in pay. micromanage and use that as an excuse again put our country in the business Jobs in growing industries pay, on av- or an attempt to help the marketplace, of energy production. erage, 21 percent less than the jobs in what the FTC has done relating to Madam President, I suggest the ab- industries that are shrinking. these mergers has in part done that. In sence of a quorum. We have a jobs crisis in this country. other words, we have given them the The PRESIDING OFFICER. The And it is not just unemployed workers authority to do so. clerk will call the roll. who are feeling the pain. Similarly, when British Petroleum The assistant legislative clerk pro- With wages stagnant or falling, and merged with Amoco in 1998, they ceeded to call the roll. health care and child care costs rising, agreed to make certain divestitures to Ms. LANDRIEU. Mr. President, I ask many parents are working longer and free up more than 1,600 gas stations in unanimous consent that the order for harder than ever—and it’s still not 30 markets in order to satisfy FTC con- the quorum call be rescinded. enough. cerns that their merger would substan- The PRESIDING OFFICER (Mr. COR- Consumer debt is at an all-time high. tially lessen competition in certain NYN). Without objection, it is so or- Home mortgage foreclosures, car repos- wholesale gasoline markets. dered. sessions, and credit card debt are all at Let’s stop passing the buck on energy (The remarks of Ms. LANDRIEU per- record levels. prices. taining to the introduction of S. 2274 Millions and millions of American Let’s stop attempting to tinker with are printed in today’s RECORD under families are just one health crisis, one the energy bill and apply untested con- ‘‘Statements on Introduced Bills and pink slip, or one bad break away from cepts and theories in the hope that we Joint Resolutions.’’) financial disaster. can create the perfect bill while our Ms. LANDRIEU. Mr. President, I sug- You would never know any of this to citizens are being crushed by high en- gest the absence of a quorum. look at the agenda of the Bush admin- ergy prices. The PRESIDING OFFICER. The istration and Congressional Repub- Let’s pass the energy bill and imple- clerk will call the roll. licans. ment the energy policies included in The assistant journal clerk proceeded The President and Congressional Re- that bipartisan piece of legislation. to call the roll. publicans tell us, ‘‘don’t worry, the Let’s stop the partisan rancor and do Mr. DASCHLE. Mr. President, I ask economy is getting stronger.’’ Getting stronger for whom? what our constituents sent us here to unanimous consent that the order for Not the millions of Americans who do—protect their jobs, protect their the quorum call be rescinded. are unemployed and underemployed. quality of life, and protect their secu- The PRESIDING OFFICER. Without Not the workers whose jobs are being rity by passing this energy bill. objection, it is so ordered. shipped overseas with help—help—from While many Senators may come to JOBS CRISIS AND INDIFFERENCE TO WORKING this administration. the floor well meaning in the next sev- FAMILIES Not the 43 million Americans who eral months to find some political safe Mr. DASCHLE. Mr. President, in the can’t afford health insurance and are haven in which to address the issue of last 3 years, America has lost nearly 3 living with the daily dread that one se- high energy prices, there really are not million private-sector jobs, including rious illness or accident could put any. Nobody is scheming today. No- nearly 2.9 million good manufacturing them in a financial hole they will never body is glutting the marketplace. The jobs. dig their way out of. reality is a problem of supply and de- The Bureau of Labor Statistics says America’s families need jobs. And mand. While I am quite sure you will there are 8.2 million Americans out of workers who have lost their jobs need have some State attorneys general out work today. help until they get back on their feet. there calling for investigations, the But that doesn’t include the millions They need unemployment insurance, problem is supply and demand. It clear- of ‘‘discouraged workers’’ who have job training, and health care until they ly is that, and there is no other argu- stopped looking for jobs. And it doesn’t can find their next job. ment that can really fit or begin to ex- include millions more who are under- Yet, this week, instead of just ignor- plain why we have record high gas employed. ing the economic stress so many Amer- prices. All together, nearly 15 million Amer- ican families are under, the Bush ad- This Senate needs to pass a com- ican workers today are unemployed, ministration is knowingly, delib- prehensive energy bill, and we have under-employed, or have given up look- erately, increasing that stress. one. It is ready to come to the floor. ing for work. Yesterday, the Federal unemploy- We are being denied that opportunity A month ago, the President’s Council ment insurance program expired. to bring it to the floor. All I am saying of Economic Advisors released its an- Despite repeated Democratic efforts is use due caution as it relates to all nual report on the economy. It pre- to extend the program, the Bush ad- kinds of new ways to argue the prob- dicted that the economy would create ministration and Congressional Repub- lem in the marketplace. But when you 3.8 million new jobs this year. licans have refused. don’t have enough supply of product or The President’s own Labor and Com- As a result, over one million workers crude to go around, when you have merce secretaries refused to endorse have seen their unemployment benefits world demands and us now depending that prediction. Then the President expire over the past 3 months, and on a world market for our supply of himself backed away from those num- nearly one million more will see their crude, we have a problem. This Senate bers. benefits expire in the next 3 months. refuses to address that problem. After 3 years of promising jobs that Last week, the President’s Commerce I hope in the coming days as gas never materialized, the Bush adminis- Secretary said President Bush would prices continue to spike, consumers tration won’t even predict anymore sign an extension of the Federal unem- will ask the question why, and turn to how many jobs their policies will cre- ployment program if Congress passed the Senate and say very simply: Do ate. it.

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3556 CONGRESSIONAL RECORD — SENATE April 1, 2004 So I urge President Bush to use his King jobs as manufacturing jobs to try To the families of those killed, we powers of persuasion to convince the to disguise how many manufacturing offer our deepest condolences and our Members of his own party to extend jobs America is losing. unbounded thanks for the sacrifice unemployment benefits. I have some advice for them: Forget your loved ones have made. It is wrong to punish workers who about creating better-sounding statis- To the men and women still serving can’t find jobs in a jobless recovery. tics and figure out how to create bet- in Iraq, you have the thanks and admi- There is something else the President ter-paying jobs here in America. ration of your Nation. should do. Millions of Americans are hurting We recognize the escalating violence President Bush should make it clear and need help. you face, and we will spare no effort to that he will not strip overtime pay pro- I urge the President and the members ensure that you have every tool, every tections from one American worker. of his administration, and Republican resource, every possible advantage we Not one. leaders in Congress, to listen to them can offer to help you complete your Any day now, the Labor Department and extend the federal unemployment work and return home safely to your is expected to issue new regulations insurance payments, stop this effort to loved ones. that could deny 8 million American deny working people overtime pay, America will not be intimidated by workers their right to overtime pay. work with us in a bipartisan way to barbaric acts whose only goal is to Those regulations were expected to be create and keep good jobs here in spread fear and chaos throughout Iraq. released yesterday, but they have now America and make affordable health Yesterday’s events will only serve to been delayed for some reason. care and child care available for work- strengthen America’s resolve and seal Bipartisan majorities in the House ing families. America’s unity. and the Senate voted last year to over- VIOLENCE IN FALLUJAH The brave people who lost their lives turn the Bush regulations stripping Mr. President, today, I offer my con- did not die in vain. workers of their overtime protections. dolences to the families of the nine Americans stand together today and But the White House worked behind Americans who lost their lives in Iraq always to finish the work we started closed doors with Republican leaders in yesterday. and bring peace and democracy to the Congress to push the regulations Five Marines were killed in the most citizens of Iraq. through anyway. deadly car bombing our forces in Iraq I yield the floor. If they have their way, up to 8 mil- have yet seen in the 11 months since Mr. ALLEN. Mr. President, I rise lion workers—including firefighters, the fall of the Saddam Hussein regime. today in support of the Senator nurses, store supervisors and others— In addition, yesterday four private WYDEN’s amendment to the PRIDE Act will lose their overtime pay. security contractors were attacked and that provides States the option to ex- Overtime pay isn’t for luxuries; it is brutally killed by a mob in Fallujah. tend current TANF waivers and create essential family income that’s needed The barbarity of these acts is shock- additional waiver authority. to pay mortgages, tuition, grocery ing, and it reminds us of the courage of Virginia has been a leader in many bills, utility bills, health insurance the men and women—both civilian and important national reform movements premiums, and prescription drug costs. military—serving in Iraq, working to throughout the history of our country. For eligible workers, overtime pay bring freedom to the Iraqi people. In February of 1995, during my tenure makes up, on average, 25 percent of Every day, our soldiers and the pri- as Governor of the Commonwealth, their income. vate contractors engaged in the work Virginia enacted one of the most prin- Last week, Republican leaders in the of serving our military and rebuilding cipled, tough, comprehensive welfare Senate actually pulled the JOBS bill to Iraq face the fear of violence. reform measures in the United States. avoid voting on a Democratic amend- Yet every day, they go about their It was a tough fight to get this meas- ment that would have preserved the work with skill and resolve because ure passed by a Democrat led General overtime rights of American workers. they understand that their efforts are Assembly. The Bush administration would rath- building a safer Iraq, and a more secure Many other States enacted successful er force American companies to pay Middle East. reforms and our approach and that of The cost to our Nation has been pro- tariffs on the goods they sell in Europe Wisconsin and Massachusetts served as found. than protect the overtime pay of Amer- a model for the entire Nation and en- Six hundred American service men ican workers. couraged self-sufficiency, the dignity and women have lost their lives since That shows how deeply out of touch of work and the pride of independence the beginning of hostilities. this administration and its allies in Over 3,000 soldiers have been wound- rather than dependence. Congress are with the real needs of av- ed. The ‘‘Virginia Independence Pro- erage working Americans. Just over the weekend, in fact, a gram’’ transformed an outdated wel- There are other signs as well. Two young man from my hometown of Ab- fare system that was failing taxpayers, days ago, the Senate voted overwhelm- erdeen, SD, Sergeant Sean Lessin, sus- sapping initiative from welfare recipi- ingly to increase child-care funding in tained a severe head injury in the ents, and breaking up families. I have the welfare bill so that mothers who course of his duties in Iraq. had many former welfare recipients are moving from welfare to work won’t Sgt. Lessin is a member of the 147th thank me for ending the downward have to leave their children home Field Artillery Unit and is now receiv- cycle of dependency and despair. alone or with strangers. ing treatment at the U.S. Military Unlike the Federal work requirement Even though States are slashing Combat Support Hospital in Baghdad. outlined in the 1996 law, able-bodied re- funding for child care, the Bush admin- Our thoughts and prayers go out to cipients in Virginia were required work istration insisted that no more money Sgt. Lessin and his wife Jessica in Ab- within 90 days, the State had a 2-year for child care is needed. If their view erdeen. limit on benefits, with transition as- prevails, 450,000 children would be Someone once wrote that ‘‘True her- sistance in the third year and pro- forced out of child care. That is how oism is remarkably sober, very moted individual responsibility by al- out of touch they are with this econ- undramatic. It is not the urge to sur- lowing no increase in State benefits for omy. pass all others at whatever cost, but recipients who have more children This administration has also refused, the urge to serve others at whatever while receiving welfare. repeatedly, to raise the minimum cost.’’ Vital reforms were made for children. wage. The Americans who lost their lives Virginia ended the marriage penalty, It has fought to deny the earned in- yesterday—indeed, all those serving increased enforcement of child support come tax credit for low-income par- their Nation in Iraq—are true heroes. by suspending professional and driver’s ents—at the same time it insists on At times such as these, when our Na- licenses for ‘‘deadbeat’’ parents, re- more and bigger tax cuts for the tion faces great challenges, the loss of quired mothers to identify the father wealthiest one percent. such heroes is particularly painful, be- to receive benefits, or receive no bene- The President’s economic advisors cause they are so rare, and so impor- fits—this led to 99 percent identifica- even suggested re-classifying Burger tant. tion and more child support.

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3557 Finally, the law required that minor- to workers to stay home instead of LOCAL LAW ENFORCEMENT ACT age mothers having children while on look for work. This is a very different OF 2003 welfare must live with a parent or view of American workers than I have. Mr. SMITH. Mr. President, I rise According to the latest data from the guardian and stay in school, more com- today to speak about the need for hate Department of Labor, between Decem- monly referred to as ‘‘Learnfare’’. crimes legislation. On May 1, 2003, Sen- These reforms resulted in a 60 per- ber and February there will be at least ator KENNEDY and I introduced the 781,000 workers that will have ex- cent decrease in welfare rolls, and Local Law Enforcement Enhancement hausted their regular State benefits saved more than $357 million in tax- Act, a bill that would add new cat- and will go without additional Federal payer funds in Virginia which were egories to current hate crimes law, unemployment assistance. Based on ex- used for other priorities in education sending a signal that violence of any trapolations from that analysis, the and law enforcement. Ultimately, I kind is unacceptable in our society. Center for Budget and Policy Priorities measure our success not by how many On July 4, 2000, an 18-year-old Brook- argues that with each week that goes people are receiving welfare checks, lyn man was charged with allegedly but rather by how many people are by, another 80,000 workers will be added to this list. In no other com- slashing three men and threatening the leading independent, self-reliant lives. life of another because he believed the Virginia’s trailblazing welfare reform parable data on record has there been men to be gay. has been extremely successful in set- this many ‘‘exhaustees.’’ I believe that Government’s first ting the stage for Federal welfare over- In my State of New Mexico, it is esti- duty is to defend its citizens, to defend haul, significant declines in welfare mated that 4,300 workers have ex- them against the harms that come out roles nationwide, and increasing the hausted their benefits from December of hate. The Local Law Enforcement number of former welfare recipients 2003 through March 2004. Through Sep- Enhancement Act is a symbol that can getting back to work. Virginia’s waiver tember 2004, it is estimated that 7,200 become substance. I believe that by from Federal law has enabled much of workers will have exhausted their ben- passing this legislation and changing the success in requiring able-bodied efits. In a State where the most recent current law, we can change hearts and men and women to work for their bene- unemployment rate is 5.7 percent and minds as well. fits. jobs are very difficult to come by, this With the passage of the Federal wel- is hardly an encouraging figure. f fare reform in the fall of 1996, Congress The Bush administration has argued DECRYING THE ETHNIC VIOLENCE intended to give the States flexibility that extension of the TEUC program is IN KOSOVO with the law. Flexibility through these not necessary because the unemploy- waivers has allowed States the ability ment rate is low and the economy is Mr. BIDEN. Mr. President, I rise to develop innovative programs that growing. They suggested again and today to condemn in the strongest pos- best serve their citizens. Fifteen other again that we are on the verge of an sible terms the violence 2 weeks ago in States opted for waivers. Indeed, Vir- economic recovery and jobs are being Kosovo, which claimed the lives of 20 ginia has far exceeded the goal of the created. I respectfully disagree. persons, injured more than 600 others, Federal welfare legislation offering In 2001, the Bush administration displaced more than 4,000 individuals, claimed that their tax cuts would cre- Virginians the best tools to provide for destroyed more than 500 homes, and de- ate at least 800,000 jobs by 2002. That themselves and their families. stroyed or damaged more than 30 As of June 2003, Virginia’s welfare did not happen. In 2002, the Bush ad- churches and monasteries. waiver expired. It is imperative that ministration claimed that 3 million In a reversal of the brutal murders the PRIDE Act, a continuation of wel- jobs would be created in 2003. That did and ethnic cleansing carried out in 1998 fare reform started in 1996, include not happen. In February, the Bush ad- and 1999 against Kosovar Albanians by waivers for States that have taken the ministration claimed in their economic the forces of former Serbian strongman initiative to make comprehensive wel- report that 2.6 million jobs will be cre- Slobodan Milosevic, the perpetrators of ated in 2004, but everyone in the ad- fare reforms. We need to ensure that this violence were the former victims— ministration quickly backed away States can continue to encourage inde- the ethnic Albanians. Their principal from that number. No one truly be- pendence through work, promote fami- targets were Kosovo Serbs, although lieves that this will happen. Ashkali and other minorities in the lies and marriage and guarantee child- Given the lack of coherent or com- province also suffered. support enforcement. prehensive policy proposals by the ad- I urge my colleagues to support this There is no way to gloss over or dis- ministration, I say it is time we in amendment so that States can main- guise these events: They are a disaster Congress act to address job creation tain these positive results and success- of the first magnitude. Five years ago and help the victims of their failed ful welfare reforms. last week, I submitted the resolution policies. Extending the temporary that was adopted by this body, author- UNEMPLOYMENT COMPENSATION emergency unemployment compensa- Mr. BINGAMAN. Mr. President, I rise tion program is, in my view, the least izing military action against the today in support of the extension of the we can do for Americans that have Milosevic government in order to res- temporary extended unemployment been attempting to find work but can- cue the persecuted Kosovar Albanians. compensation program, which expires not do so. As a practical matter, this Over the subsequent eleven weeks the today. I support this effort because, in means workers can continue to get un- United States and its allies success- my view, we still face an extremely se- employment insurance benefits while fully waged an air war, which resulted rious problem of unemployment in the they continue to search for work. in the withdrawal of Serbian forces United States, specifically as it relates So I want to add my voice to the oth- from Kosovo. A United Nations Secu- to the number of workers who have ex- ers today and say that we must pass rity Council Resolution created a pro- hausted their unemployment insurance this legislation before it expires. Amer- tectorate administered by the United benefits and are still unable to find ican workers deserve to be dealt with Nations Interim Administration in work. in a fair and equitable manner, espe- Kosovo—known popularly by its acro- The Democrats have tried to extend cially in this time of need. They need a nym UNMIK—under the military pro- this program through unanimous con- lifeline, and it is up to us to provide it. tection of NATO’s Kosovo Force or sent at least a dozen times this winter KFOR. f and the effort has been rejected by Re- Since the summer of 1999 the inter- publican leadership every time. We MORNING BUSINESS national community, working through tried in February of this year. We tried Mr. FRIST. Mr. President, I ask these civilian and military structures, in January of this year. And we tried a unanimous consent that the Senate has attempted to pacify and stabilize number of times in November 2003. now proceed to a period of morning the situation, rebuild the shattered in- Each time the other side of the aisle business with Senators permitted to frastructure, and help guide the embit- said the program was no longer needed. speak for up to 10 minutes each. tered and traumatized population to- Even worse, they said that extension of The PRESIDING OFFICER. Without ward eventual democratic self-rule. the program would only give incentives objection, it is so ordered. Resolution of Kosovo’s final status was

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3558 CONGRESSIONAL RECORD — SENATE April 1, 2004 understandably deferred until signifi- province’s final status is considered. I measure was supported by deputies cant progress was achieved. still believe that, in general, this is the from the parties of ultra-nationalist From thousands of miles away it is correct course. The precipitous calls by Vojislav Seselj and of Milosevic. Both difficult to appreciate the scope of the some people for abandonment of the these gentlemen, of course, are cur- effort that the international commu- benchmarks and rapid independence for rently residing in prison in The Hague. nity has devoted to Kosovo. I might Kosovo would, I believe, be a cure The party of Prime Minister Kostunica offer a very personal example. My older worse than the disease. The inter- joined in voting for this measure, son, Beau, served for nearly a year in national community simply cannot re- which, were it not so grotesque, might UNMIK as a lawyer, helping the ward murder and violence. ‘‘Riots be- almost be labeled comic opera. Kosovars to build a legal system that fore status’’ is not the answer. As long as up to 16 indictees, includ- would impartially dispense justice to Nonetheless, I believe that the ing three former Serbian generals, are all inhabitants of the province. Tens of UNMIK benchmarks have been too openly living in Serbia, and the thousands of other Americans, to- elaborately constructed. Few countries ‘‘butcher of Bosnia,’’ former General gether with citizens of dozens of other could completely fulfill their require- Ratko Mladic, is also probably there, countries, have similarly worked in ci- ments. In the wake of the violence, the the Serbian Government cannot expect vilian and military capacities for the benchmarks should be streamlined and much international support. The U.S. last five years. prioritized, with emphasis given to per- Government has just announced that it Although there has, in fact, been con- sonal security, minority rights, and is suspending all economic assistance siderable progress in several areas, the some kind of decentralization of gov- not used for democratizing purposes be- recent violence graphically dem- ernment, although not the apartheid- cause of Belgrade’s unsatisfactory level onstrates that, on the whole, the effort like ‘‘cantonization’’ being demanded of compliance with ICTY, and until it is in danger of failing. The economy is by politicians in Serbia. cooperates fully, Serbia will not be al- in sad shape with more than half the If by the middle of 2005 the bench- lowed to join NATO’s Partnership for population unemployed. Kosovar Alba- marks on personal security and minor- Peace. We can take some solace in the oppo- nians complain that the lack of action ity rights can be completely fulfilled, sition to the Serbian Parliament’s res- on final status has choked off any sig- and significant progress made on the olution by a few smaller parties, in- other benchmarks, then discussion of nificant direct foreign investment, cluding that of Defense Minister Boris final status for Kosovo can begin. which is the sine qua non for economic Tadic, a genuine democrat and man of development. But it would be irrespon- We should do our best to strengthen the moderates in Kosovo and Serbia, principle. During the Kosovo violence, sible to move to final status before sta- Tadic, who has carried out a vigorous but there are, unfortunately, very few bility and democracy have been reform of the Serbian military and se- such ‘‘good guys’’ on the political scene achieved—as clearly they have not yet curity services, proved that he has in- in Pristina and Belgrade. Short-term been. stituted civilian control by keeping the political expediency seems to trump So where do we go from here? Kosovo lid on hotheads calling for interven- principle, despite the occasional lofty is a complex problem, for which there tion, reportedly in cooperation with sounding speeches. Most Kosovar Alba- are no simple answers. In fact, every U.S. Admiral Gregory Johnson, NATO’s nian leaders hesitated before publicly policy in the short run carries signifi- AFSOUTH Commander. There is a condemning the ethnic violence, Prime cant downside potential. Nonetheless, chance that later this year Mr. Tadic Minister Rexhepi being a very positive we must immediately take several may run for President of Serbia steps. and conspicuous exception. General against a candidate of Seselj’s party. First of all, through KFOR and Ceku’s call for restraint on the part of In order to get Kosovo back onto the UNMIK, we must make it unmistak- members of the Kosovo Protection right path, the U.S. Government must ably clear to all the citizens of Kosovo Corps was also helpful. In the future, alter its policy. And make no mistake that the violence must cease com- all Kosovar leaders must get the mes- about it: Kosovo matters. It matters to pletely. sage that rewards will flow to those the people of Kosovo. It matters to the Second, all citizens of Kosovo must who genuinely try to build a peaceful, people of Serbia. It matters to the sta- cooperate with KFOR, UNMIK, and the democratic, multi-ethnic society. bility of the entire area of the former Kosovo police in identifying for pros- It would be easier to be sympathetic Yugoslavia. It matters to the Balkans, ecution the perpetrators of violence to the cries from Belgrade to defend since Serbia is the key to regional sta- and the destruction of property. and give special rights to the Kosovo bility, and because the fate of Kosovo Third, all displaced persons and refu- Serbs if Serbian politicians had not directly impacts ethnic Albanians in gees must be returned to their former been so demagogically nationalistic in neighboring Albania, in the Former towns and villages, guaranteed their the weeks and months prior to the vio- Yugoslav Republic of Macedonia, in personal safety, and granted assistance lence. The new Serbian Government led southern Serbia, and in Montenegro. In to rebuild their homes as speedily as by Prime Minister Kostunica seems that context, Kosovo matters to the se- possible. In this regard, I am encour- hell-bent on insulting the very inter- curity of all of Europe and, hence, to aged by the commitment made by the national community that it needs for the security of the United States of Kosovo Assembly to establish a fund support in the Kosovo question, and in America. for the reconstruction of homes, other matters. One thing is crystal clear: the Bush churches, and other property destroyed Above all, the Kostunica administra- administration can no longer afford to during the March attacks. tion has repeatedly thumbed its nose relegate Kosovo, Serbia and Monte- Fourth, the United Nations should at the International Criminal Tribunal negro, and Macedonia to the back undertake a review of the structure for the Former Yugoslavia. In a speech burner of its international concerns. and organization of UNMIK. in late February, Kostunica himself The administration has been living in Fifth, the authorities in Pristina and candidly explained: ‘‘This country is an ideologically driven dreamworld in Belgrade should reinvigorate and in- not a simple deliverer of human goods which victory in the Balkans was pre- tensify their dialogue. to The Hague tribunal.’’ No political maturely declared in order to get on A resolution submitted by my good campaign can justify this kind of with perceived higher priorities like friend from Ohio, Senator VOINOVICH, know-nothing jingoism. national missile defense. and of which I am an original co-spon- Then just last Tuesday the Serbian Lest anyone think I am criticizing sor, makes many of these points. Parliament outdid even Kostunica’s the focus on the war on terrorism in I would add a few more important blustering when it voted by a wide Central Asia and the Middle East, I am policy recommendations. margin to pay all Serbian war crimes not. As early as the fall 2000 election The so-called ‘‘benchmarks’’ estab- indictees at ICTY ‘‘compensation for campaign—nearly one year before the lished by UNMIK must be reviewed. I lost salaries, plus help for spouses, sib- terrorist attacks of September 11, have supported the policy of ‘‘stand- lings, parents, and children for flight 2001—Presidential candidate George W. ards before status’’ whereby Kosovo and hotel costs, telephone and mail Bush announced that he would unilat- must fulfill rigorous goals before the bills, visa fees, and legal charges.’’ The erally withdraw U.S. ground forces

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3559 from the NATO-led peacekeeping oper- This administration should utilize brigade was flying toward a moun- ations in Bosnia and Kosovo. His future this unique position, in coordination tainous drop zone while Cpt John Rob- National Security Advisor Dr. Rice with other members of the contact erts, chief Grey Beret weather fore- echoed this misguided notion in a group, to jumpstart the process of cre- caster, had to make a call on whether newspaper interview. The following ating a safe, prosperous, democratic, the weather would lift long enough for spring, Defense Secretary Rumsfeld, multi-ethnic Kosovo. 1,000 paratroopers to safely make their flying in the face of all objective evi- f jump. dence, declared that the problem of The actions and decisions of these GREY BERETS RISKED ALL IN Bosnia had been settled three or four two men are just two examples where years earlier. Even in this body resolu- our Grey Berets helped ensure the suc- tions for withdrawal of U.S. forces were Mr. CHAMBLISS. Mr. President, we cess of our troops. There are many, periodically submitted, but, I am have all heard the expression that many more. happy to say, rejected. ‘‘knowledge is power.’’ At no time is Mr. President, I commend the Grey Now we are waging war, attempting this more true than when we are at Berets for their heroism and profes- to quell resistance movements in Af- war. Our military uses satellites, re- sionalism and their contributions to ghanistan and Iraq. We all know that connaissance aircraft, remote sensing our armed services. I also thank the our armed forces are stretched peril- devices, and long-range patrols to learn Weather Channel for bringing their ously thin, and obviously some troop where the enemy is, what he is doing, achievements to wider public notice. adjustments have had to be made. U.S. and how we can kill him. f forces in Bosnia have been reduced to But there is another type of knowl- S. 275, THE PROFESSIONAL BOXING little more than one thousand, or edge which is just as essential if we are AMENDMENTS ACT about 5 percent of their initial to be successful in combat. The side strength. Later this year NATO will which knows and understands the Mr. MCCAIN. Mr. President, I am turn over command of SFOR to the Eu- weather the best has a large advantage. pleased that the Senate has agreed by ropean Union, although some American Now, I know some may reply that we unanimous consent to pass S. 275, the troops will remain at our base in Tuzla, do not need to be concerned about the Professional Boxing Amendments Act at the request of the Government of weather. We have smart bombs, stealth of 2004 (Act). I would like to thank the Bosnia and Herzegovina. fighters and guided missiles. We have bill’s cosponsors, Senators STEVENS, Let me repeat that for my col- sensing devices which let us see in the DORGAN, and REID for their commit- leagues: the Government of Bosnia and darkness. But despite this high tech- ment to professional boxing and the Herzegovina, with the representatives nology, we still have to give Mother warriors who sustain the sport. of all three major groups—the Bosnian Nature her due. Rain, clouds and low This amendment is designed to Muslims, Serbs, and Croats—concur- visibility can still ground aircraft or strengthen existing Federal boxing ring, requested that American troops hamper operations. High temperatures laws by making uniform certain health stay on in Bosnia after the EU takes affect men and equipment. Dust storms and safety standards, establishing a command of the peacekeeping force. can rapidly render sophisticated ma- centralized medical registry to be used The fact is that the United States has chines and electronics unusable. by local commissions to protect boxers, stature unequaled in that part of the Our troops faced many weather ex- reducing arbitrary practices of sanc- world perhaps even higher in Kosovo tremes as we prepared for the start of tioning organizations, and providing than in Bosnia. Operation Iraqi Freedom a year ago. uniformity in ranking criteria and con- As in SFOR, we have drastically re- Extreme heat, thunderstorms, and dust tractual guidelines. It also would es- duced our troop strength in KFOR. storms all threatened operations. To tablish a Federal entity, the United Given the events of the past few weeks, learn more about Iraq’s weather and to States Boxing Commission—USBC—to we dare not reduce it further. KFOR gather the data necessary to predict, if promulgate minimum uniform stand- troops played a key role in quelling the possible, weather patterns in that ards for professional boxing and en- Kosovo violence. I am told that of the country, a group of brave meteorolo- force Federal boxing laws. various national contingents, Amer- gists dropped behind enemy lines. They Over the past 7 years, the Commerce ican KFOR troops especially distin- fed their information to the Air Force’s Committee has taken action to address guished themselves. 28th Operational Weather Squadron, the problems that plague the sport of Further proof of the Bush adminis- known as ‘‘The Hub.’’ professional boxing. The committee tration’s downgrading the importance As detailed in a special being carried has already developed two Federal box- of the region was its abolishing the po- by the Weather Channel, the United ing laws that have been enacted, the sition of Special Coordinator for the States Air Force dropped its Special Professional Boxing Safety Act of 1996, Balkans. This position should be rein- Operations Forces Weathermen, known and the Muhammad Ali Boxing Reform stated and filled by a senior career dip- as the ‘‘Grey Berets,’’ behind enemy Act of 2000. These laws established lomat with extensive experience in lines weeks before the beginning of minimum uniform standards to im- Balkan affairs. armed conflict. The Grey Berets took prove the health and safety of boxers, This new Special Coordinator should exceptional risks to gather the data and to better protect them from the immediately engage the political lead- necessary for our Army, Navy and Air often coercive, exploitative, and uneth- ership in Pristina and Belgrade in seri- Force to conduct operations. For exam- ical business practices of promoters, ous dialogue. I do not want to pre- ple, 5 days before the land invasion managers, and sanctioning organiza- judge what the final international legal started, Grey Beret Sgt Charles Rush- tions. While these laws have had a posi- status of Kosovo will be, although I ing waded ashore to gather information tive impact on professional boxing, the cannot imagine that Kosovo will ever on fog, surf, and currents to enable a sport remains beset by a variety of revert to direct control from Belgrade. helicopter assault team to successfully problems, some beyond the scope of Whatever the end result, direct nego- seize key Iraqi refineries on the Al-Faw local regulation. tiations between Pristina and Belgrade peninsula before Iraqi troops blew Promoters continue to steal fighters must be an integral part of the process. them up. from each other, sanctioning organiza- No other path would stand the test of After the war began, the Hub re- tions make unmerited ratings changes time. ported on the biggest dust storm to hit without offering adequate expla- The United States was Serbia’s ally the region in 30 years. The storm, cov- nations, promoters refuse to pay fight- in two world wars in the first half of ering over 300 miles, shredded tents and ers who have put their lives on the the twentieth century. The United clogged engines and lungs. To the line, local boxing commissions fail to States is revered by Kosovar Albanians north, the storm created other prob- ensure the protection of boxers’ health as their savior from the recent tyranny lems, by dumping snow and sleet on and safety, boxers are contractually of Slobodan Milosevic. We have earned Bashur Airport, the target of the most and financially exploited, and the list a credibility that no other country, or ambitious combat paratroop assault continues. Most recently, we have group of countries, possesses. since World War II. The 173d Airborne learned of a federal law enforcement

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3560 CONGRESSIONAL RECORD — SENATE April 1, 2004 investigation that reportedly may the sport. The USBC also would main- ney’s office who are too busy or just yield a dozen or more indictments for tain a centralized database of medical not interested. charges of fight fixing. and statistical information pertaining This bill will create a United States All too often my office receives a call to boxers in the United States that Boxing Commission to oversee the from a parent whose child was killed in would be used confidentially by local sport. The federal Commission would a match asking why proper medical or commissions in making licensing deci- have the responsibility to license pro- safety precautions were not taken by sions. moters, managers, and sanctioning or- the local commission with jurisdiction, There has been quite a bit of confu- ganizations. The Commission would be or from a boxer who has worked tire- sion among local boxing commissions able to keep things in line by revoking lessly to escape poverty, only to find regarding the effect that this bill or suspending licenses as situations themselves subject to the exploitation would have on them. Let me be clear. warrant. of the unscrupulous few who control The purpose of the USBC would not be It is imperative that we establish the sport. intended to micro-manage boxing by this federal mechanism in order to pro- Professional boxing is the only major interfering with the daily operations of tect not only the boxers, but also the sport in the United States that does local boxing commissions. Instead, the overall integrity of the sport. not have a strong, centralized associa- USBC would work in consultation with f tion or league to establish and enforce local commissions, and only exercise QUESTIONS ABOUT IRAQ AID uniform rules and practices. There is its authority should reasonable REQUEST no widely established union of boxers, grounds exist for intervention. Mr. LEAHY. Mr. President, I want to no collective body of promoters or The problems that plague the sport discuss an issue concerning U.S. efforts managers, and no consistent level of of professional boxing compromise the to rebuild Iraq. Before I begin, how- regulation among state and tribal com- safety of boxers and undermine the ever, I want to again recognize the missions. Due to the lack of uniform credibility of the sport in the public’s bravery and sacrifices that are being business practices or ethical standards, view. This bill is urgently needed to made every day by Americans and the sport of boxing has suffered from provide a realistic approach to curbing Iraqis, and especially those who have the physical and financial exploitation such problems. been killed or wounded. There have of its athletes. Mr. DORGAN. I am pleased to sup- been, almost daily, horrific, cowardly The General Accounting Office con- port with my colleague, Senator acts of terrorism, increasingly aimed firmed in a July 2003 report on profes- MCCAIN, the Professional Boxing at citizens. The appalling attacks this sional boxing regulation that, because Amendments Act of 2003. week, where the bodies of Americans professional boxing is regulated pre- This is an issue that we have now were dragged through the streets, dis- dominantly on a state-by-state basis, been examining for some time, and I gust and deeply sadden us all. My deep- there is a varying degree of oversight am pleased that the Senate is moving est condolences go out to the families depending on the resources and prior- this legislation forward. ities of each state or tribal commis- and friends of those who have died. The Senate Commerce Committee Yesterday, the Inspector General of sion. The report also indicates that the had the opportunity over the past the Coalition Provisional Authority, lack of consistency in compliance with years to spend time with figures such CPA–IG, issued his first report on the Federal boxing law among state and as Roy Jones Junior, Muhammad Ali, reconstruction efforts in Iraq. I want tribal commissions ‘‘does not provide Bert Sugar, Lou Dibella, and Bernard to remind people that it was Senator adequate assurance that professional Hopkins, and we heard some things FEINGOLD, and later in the process, boxers are receiving the minimum pro- that caused great concern. Senator STEVENS, not the Bush admin- tections established in Federal law.’’ I grew up as a boxing fan who wants istration, who worked hard to establish The consequences of this vacuum of to see the sport succeed, but I have the CPA–IG office during the debate on effective public or private oversight worried about how the sport is doing, the Iraq supplemental. I had the privi- has led to decades of scandals, con- and I believe this legislation will take lege of working with Senator FEINGOLD troversies, unethical practices, and far an important step. to help draft some of the provisions of too many unnecessary deaths in profes- Professional boxing is the only major his amendment, and he, along with sional boxing. Yet another tragic, but sport in the United States that does Senators STEVENS, are to be com- precise example, of poor local regula- not have a strong, centralized associa- mended for their leadership on this tion occurred just last year in Utah tion or league to establish and enforce issue. where a 35-year-old boxer collapsed and uniform rules and practices for its par- Page 33 of the CPA–IG’s report con- died in a boxing ring. The young man ticipants. There is no union, no organi- tains a table, and I ask unanimous con- should never have been allowed to par- zation that polices promoters or man- sent that it be printed in the RECORD ticipate in the bout given that he had agers, and unfortunately no consistent following my remarks. suffered 25 consecutive losses over a level of state regulation among the The PRESIDING OFFICER. Without three-year period leading up to the state athletic commissions. objection, so ordered. fight, including a loss only one month Part of the problem is the alphabet (See exhibit 1). earlier to the same opponent against soup of 29 sanctioning bodies—all with Mr. LEAHY. The information it con- whom he was fighting when he died. different titles and rankings—and an- tains concerns me, as it should every While tragic in its own right, this is other part is a lack of faith that any- Senator. It shows that, as of February merely one in a seemingly endless se- one, not the state commissions, man- 29, 2004, nearly 4 months after Presi- ries of incidents that continue to occur agers or promoters are on the up and dent Bush signed the Iraq supplemental as a direct result of inadequate state up. into law, only $900 million of the $18.4 regulation. I believe that a system based on state billion appropriated for reconstruction This measure would improve existing commissions alone just takes us to the programs has been obligated, less than boxing law, and also establish the lowest common denominator. We are in 5 percent. USBC. The primary functions of the desperate need of some basic national At a time when security is the most commission would be to protect the standards and uniform enforcement. critical issue in Iraq, sadly dem- health, safety, and general interests of There continue to be stories about onstrated by this week’s tragic attacks boxers. More specifically, the USBC how some people are exploiting the in which nine Americans were killed, would, among other things: administer patchwork of federal and state boxing the administration has obligated only Federal boxing laws and coordinate regulations to the detriment of boxers $292 million of the $3.24 billion for ‘‘se- with other federal agencies to ensure and their fans. curity and law enforcement,’’ less than that these laws are enforced; oversee This manipulation is often tolerated, 10 percent of the total appropriated. all professional boxing matches in the or tacitly permitted by the state box- This is money that is supposed to go United States; and work with the box- ing commissions, and too often current for training a new Iraqi army and po- ing industry and local commissions to laws are rarely enforced by the state lice force to reduce the risks to Amer- improve the status and standards of attorneys general, or the U.S. Attor- ican soldiers and civilians working in

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3561 Iraq. On top of this, only $25 million for of the taxpayers’ money without prop- this year, instead of frittering away ‘‘justice, public safety, and civil soci- er accountability. We all knew we the Senate’s time on hot-button polit- ety’’ has been obligated. This is less would have to spend billions to help re- ical issues designed to score points in than 3 percent of the $1 billion appro- build Iraq. But the issue was how many an election year. priated. billions, over what period of time, and I believe the Congress can encourage Not one dime of the $1.85 billion ap- how to pay for it in a time of rising the administration to do better in Iraq, propriated in the supplemental has deficits. Back when we were asked to shaping a more effective strategy in been obligated for ‘‘health care,’’ ‘‘pri- vote on the supplemental, I urged, as the process. This Vermonter believes vate sector development,’’ ‘‘roads, did others, that because the situation that more debate, more transparency, bridges and construction,’’ and ‘‘trans- in Iraq was, and is, so unpredictable, and even a dose of frugality, especially portation and telecommunications.’’ that we appropriate only as much as when it comes to spending $18 billion of It would be one thing if the adminis- could be effectively used. I said that we the taxpayers’ money would be a good tration had warned us they were going should then revisit the issue this year, thing. to have trouble spending the $18 bil- see how the funds were being used, I yield the floor. lion, but they said the opposite. They make any necessary adjustments to EXHIBIT 1 told us these funds were urgent. It was the reconstruction program, count The CPA has allocated $7.9 billion of ‘‘an emergency.’’ The money had to be what other nations were contributing, the $18.4 billion. Additionally, the CPA appropriated immediately, and not one and then decide how much additional has established a $4 billion reserve. dime less than the amount requested. U.S. funding this year would be needed Table 8 below contains more detail on There was no time for Congress to to fill gaps in resources. program status. carefully consider this legislation. It But the White House would have had to be rammed through as fast as none of that. The President insisted on TABLE 8.—PROGRAM STATUS 1 (IN MILLIONS) AS OF possible. getting every dime up front, paid for by FEBRUARY 29, 2004 The administration resisted account- increasing the deficit rather than re- ability for how it would spend these Report 2 ducing the President’s tax cut for the Sector 2207 spending Appor- Committed Obligated billions and billions of dollars, and that wealthiest Americans, even though, as plan tioned fact was, and is, a major concern that the CPA–IG and OMB reports clearly Security and law en- many in the Senate have had about show, they cannot possibly spend it all forcement ...... $3,243.0 $2,232.7 $850.4 $292.0 that supplemental appropriations bill. this year. They probably will not be Electricity ...... 5,560.0 1,683.1 1,301.4 428.2 Oil infrastructure ..... 1,701.0 1600.0 772.2 4.0 In a letter to Congress on September able to spend half of it. All that talk Justice, public safe- 17, 2003, the President stated: ‘‘This re- about how this had to be done in the ty, and civil soci- ety ...... 1,018.0 560.9 130.3 25.0 quest reflects urgent and essential re- blink of an eye and without adequate Democracy ...... 458.0 458.0 106.0 106.0 quirements. I ask the Congress to ap- checks and balances was baloney. Education, refugees, human rights, propriate the funds as requested, and Congress received some of the first governance ...... 280.0 138.5 32.6 27.1 promptly return the bill to me for sig- indications that the administration Roads, bridges and construction ...... 370.0 119.3 0.0 0.0 nature.’’ was going to have trouble handling all Health care ...... 793.0 330.0 0.0 0.0 Ambassador Bremer testified before of this money when the Office of Man- Transportation and telecommuni- the Senate Foreign Relations Com- agement and Budget published a plan, cations ...... 500.0 164.0 61.9 0.0 mittee on September 24, 2003: ‘‘No one on January 5, 2004, that projected CPA Water resources and sanitation ...... 4,332.0 496.2 18.0 18.0 part of this $87 billion supplemental is spending at a modest $1.4 billion by the Private sector devel- dispensable, and no part is more impor- end of the first quarter. The CPA–IG opment ...... 184.0 64.5 2.0 0.0 tant than the others . . . This is a care- report confirms that the administra- Total by sector 18,439.0 7,947.2 3,273.0 900.3 fully considered, integrated request. tion is having difficulty handling all of This request is urgent. The urgency of Construction ...... 12,611.0 3,950.0 1,783.2 595.8 this money, as many of us predicted. Nonconstruction ...... 5,370.0 3,539.2 1,383.8 198.5 military operations is self-evident. The We all want this money spent wisely, Democracy ...... 458.0 458.0 106.0 106.0 funds for nonmilitary action in Iraq and no one wants any administration Total by pro- gram ...... 18,439.0 7,947.2 3,273.0 900.3 are equally urgent. Unless this supple- to spend money for the sake of spend- 1 Have not been formally reviewed or audited by the CPA–IG. mental passes quickly, Iraqis face an ing money. Also, this is not to take 2 Public Law 108–106 Section 2207 is the CPA quarterly progress report. indefinite period with blackouts eight anything away from the brave men and As of the date of this report, CPA was revising the IRRF allocations. hours a day. The link to the safety of women who are working so hard, under f our troops is indirect but no less real.’’ extremely difficult conditions, to re- INTERNATIONAL ATOMIC ENERGY I would point out to Ambassador build Iraq. AGENCY SAFEGUARDS AGREE- Bremer, who I respect a great deal, But the issue exposed by this report MENT that less than 8 percent of the funds for is not the administration’s spending ‘‘electricity’’ have been obligated. That rate in Iraq. The issue it exposes is the Mrs. FEINSTEIN. Mr. President, I is $428 million out of $5.6 billion. administration’s credibility. It seems rise today to congratulate the Senate I could go on, but by now the point is self-evident that a large portion of the for ratifying the International Atomic clear: If every dime of the $18 billion money was not as urgently needed as Energy Agency—IAEA—Safeguards was so necessary, as a lump sum, to administration officials insisted at the Agreement by unanimous consent last pay for the reconstruction of Iraq this time, or the CPA, as press reports have night. year, why then has so little been obli- suggested, is tied up in bureaucratic The Additional Protocol will aug- gated nearly 4 months after the Presi- knots and is not able to move fast ment the IAEA’s safeguards moni- dent signed the bill? enough to rebuild Iraq. I submit that toring system and provide early warn- I did not vote for the $18 billion and the answer is both of the above, but I ing about illicit nuclear weapons-re- at the time I discussed my reasons in will let the numbers speak for them- lated activities under the Nuclear Non- detail. But one of the reasons was that selves. proliferation Treaty. it was obvious that the White House Perhaps we will see a large ramping By acting swiftly to ratify the trea- was asking for far more than they up of spending in the second quarter, as ty, the United States Senate has sent a could effectively use this year because the administration suggests it will do clear signal to the international com- they did not want to revisit this issue according to OMB’s spending plan. Per- munity that the United States is com- in an election year. They did not want haps the administration can provide a mitted to not only maintaining a lead- to have to defend this controversial good explanation for why these ership role in the effort to prevent the program again in the court of public projects have proceeded so slowly. But proliferation of nuclear weapons but opinion. They did not want the ac- regardless, it is clear that Congress also to work closely with other nations countability that should accompany could, and I believe should, have appro- in that endeavor. the spending of such large sums. priated only a portion of the money We know that we cannot go it alone This is one Senator who does not be- last year. There is plenty of oppor- and we will need the help of our friends lieve we should spend billions of dollars tunity to act on another supplemental and allies.

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3562 CONGRESSIONAL RECORD — SENATE April 1, 2004 In addition, the Additional Protocol founded our country. Broad based em- workers are the ones that will suffer. will strengthen the IAEA in its work in ployee stock options provide incentives We need to support policies that create dealing with nuclear programs in Iran, for workers to work harder, promote jobs and wealth for Americans, not de- Libya and elsewhere and encourage savings and serve as an incentive for stroy them. other countries to ratify their own ad- creating new ideas, which ultimately Mr. ALLEN. Mr. President, yesterday ditional protocols. promotes economic growth. the Financial Accounting Standards Clearly, there is much work to be I commend my colleagues for intro- Board, FASB, released an exposure done and the international community ducing this important piece of legisla- draft of a rule that will require compa- will face additional challenges in the tion, and it is my hope that you will nies to treat employee stock options as near future. Nevertheless, I am pleased join me in voting in favor of S. 1980. an accounting expense. I find this pro- that the United States Senate has Mr. ENSIGN. Mr. President, our posal fundamentally flawed for a num- taken this important step to protect worse fears about FASB’s seemingly ber of reasons and urge my colleagues our citizens and our national security predetermined crusade against stock to support legislation to prevent this interests. options have unfortunately proven from becoming a reality. true. As expected, FASB has released a f During my time as Governor of Vir- proposed expensing rule for stock op- ginia, I witnessed unparalleled growth STOCK OPTION ACCOUNTING tions that is a lose-lose for individual in the technology sector of my State’s REFORM ACT investors and the American economy. economy. Many new and exciting busi- Mr. WARNER. Mr. President, I rise Trial lawyers are gearing up for the nesses brought their products, services, in support of S. 1890, the Stock Option biggest windfall of the 21st Century. and, most importantly, jobs to Vir- Accounting Reform Act. I am pleased They will be the only winners in this ginia. to cosponsor this important legisla- misguided action. FASB’s proposed Many of these technology companies tion, and I applaud the distinguished rule would allow companies to either that located to Virginia were small Senator from Wyoming, Senator ENZI, use Black Scholes or a Binomial meth- ‘‘start-ups’’ with little more than a and the distinguished Democratic whip od to expense options. Both are flawed good idea and the willingness to take a for their leadership. models and will yield very different risk for the hope of reward later. These I urge all my colleagues to pay close and certainly inaccurate results. technology companies contributed attention to this legislation, and to There is no question that market greatly to the tremendous economic join those of us who believe that the capital will be destroyed when these expansion witnessed during the 1990s. mandatory expensing of stock options flawed numbers hit financial state- However, technology companies were would harm American companies, and ments. Because companies have to able to attract and retain top talent more importantly, harm American choose the method they use to expense, and key directors without having to workers who benefit from the issuance and the inputs that feed into that raise large amounts of capital by of stock options from their employers. flawed model, they will most certainly granting employee stock options. In The Financial Accounting Standards be barraged by class action lawsuits the end, shareholders and employees Board—FASB—may soon take action from greedy trial lawyers who will ex- won. Employee stock options granted that would require public companies to ploit the difficult decisions that FASB by many technology companies were is going to force companies to make. record employee stock options as an awarded broadly to employees not only Ironically, despite FASB’s stated expense. This will unequivocally im- to give them an ownership interest in goal of improving information for in- the company, but also to better align pede economic growth and stifle the vestors, individual investors will now the interests of employees and share- economic recovery of our high-tech have absolutely no ability to make holders. sector as well as other industries. meaningful comparisons between com- I think employee ownership and in- As a result of FASB’s proposal, com- panies. Different companies using dif- centives are great. It is desirable to panies will take a massive earnings ferent flawed valuation models will have motivated employees caring abut charge based on stock option ‘‘costs’’. confuse and mislead the very people the success of their company. Broad- Just as we hope to turn the corner, the FASB purports to help. tech industry will be disproportion- Our technology sector is on the cusp based employee stock options give em- ately hit with phantom costs that will of recovery. We cannot afford to let bad ployees—from the newly graduated undermine general investor confidence accounting destroy jobs and cripple our worker to the experienced CEO—owner- in the tech recovery. global competitiveness. There are big- ship in the company. Indeed, a well-re- Expensing will destroy our partner- ger picture issues here that FASB is spected technology CEO has said that ship culture of distributing stock op- neither tasked with examining, nor employees with stock options are like tions to our entire workforce. We know equipped to look at. That is the respon- homeowners, whereas those without from empirical research that broad- sibility of the Congress and Adminis- stock options are like renters—there is based employee ownership delivers tration. a difference in the attitude, commit- higher returns to shareholders, greater This move represents a tremendous ment and level of entrepreneurial spir- productivity, and increased returns on threat to our global competitiveness. it. The proposed FASB action will de- equity. Communist China has, as a part of stroy our partnership culture of dis- In addition, small companies and their 5 year plan, the use of stock op- tributing stock options to the entire start-ups, which depend on employee tions. They are setting out to duplicate workforce of a company. Broad-based stock options to attract the smartest the success of our very own Silicon employee ownership delivers higher re- and brightest, will be dealt a detri- Valley and stock options are at the turns to shareholders, greater produc- mental blow. The costs associated with very heart of the Chinese government tivity, increased return on equity, and the implementation of this new rule plan. higher returns on assets. will inhibit small business growth. In a This is not about executive com- Unfortunately, the unelected offi- time when the United States is strug- pensation. That is a separate and dis- cials of the Financial Accounting gling to keep more jobs in America, tinct issue. WorldCom and Enron had Standards Board want to bring this era this proposal undermines U.S. competi- nothing to do with stock options. In to an end. In their effort to treat em- tiveness. fact, the Enzi-Baker bill says go ahead ployee stock options as an accounting Talented and skilled U.S. workers and expense for the top 5 executives. expense, they are disregarding three will be forced to look to our competi- This is about small businesses and fundamental issues. First, employee tors, countries such as Taiwan and rank and file workers and preserving options are not freely tradable. How do Singapore, for high paying technology their ability to use this powerful tool you value something that has no mar- based employment. for innovation and growth. This is ket? How do you put a price on some- It is imperative that the United about preserving broad-based employee thing if it is not for sale? The answer is States retains its status as a global stock ownership plans. that you cannot. There is no accurate technology leader. Innovation and hard Make no mistake about it. If FASB’s way to value these options without an work are two basic fundamentals that rule goes into effect, rank and file open market.

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3563 Second, employee stock options are Kane, of the philosophy department, ment among our students.’’ Through its subject to lengthy vesting periods— who together founded PACE and serve many programs, including this lectureship, typically between 4 or 5 years. If the as its co-directors, this is a personal that is precisely what PACE does. I think it is fair to say that there has not employee changes jobs before the op- mission as well. been a single day in John Lewis’s remark- tions vest, they are forfeited. Among PACE’s many programs is an able life which has been marked by cynicism, Finally, employee stock options will annual lecture series that brings to the apathy or disengagement. For the full story, be exercised only if the stock price campus distinguished guests to speak I commend to you his absolutely gripping rises above the strike price. How does on issues of public life, especially memoir, Walking with the Wind. But I want one predict future stock prices with issues that most concern Salisbury’s to say a few words about it. any degree of certainty? There are en- students. The speaker this year, on In his memoir, Congressman Lewis tells us that his engagement began as he watched tire industries dedicated to such a March 29, was Congressman JOHN R. the bus boycott in Montgomery, AL, 50 miles LEWIS, who represents Georgia’s 5th practice, yet I am unaware of anyone from his home in rural Troy. Martin Luther who is able to predict with absolute Congressional District and is serving King put words into action, he says, ‘‘in a certainty what a stock price will be his ninth term. way that set the course of my life from that over a given length of time. It is fair to say that in all his life point on.... With all that I have experi- This news is sure to be greeted with from his childhood in rural Troy, AL, enced in the past half century, I can still say joy by our competitors in the Pacific through his years as a student leader in without question that the Montgomery bus Rim. Entrepreneurs in Taiwan, Singa- the civil rights movement, to his dedi- boycott changed my life more than any pore and China will not just continue cated service in the Congress Congress- other event before or since.’’ John Lewis was then 15 years old. He was man LEWIS has never known a day of to focus on software development or setting out on a long and dangerous road gene sequencing there. They will create lassitude, apathy or indifference. He with twists and turns, on a journey demand- global competitors there which will be spoke to Salisbury’s students from the ing inexhaustible supplies of moral and also listed on those stock markets. They perspective of his own student years, physical courage. will be free to offer stock options with- and I have rarely seen an audience lis- Today we call that road the Civil Rights out the burden of expensing and our ten with such focused intensity. Movement. It is central to understanding the most talented people will flock there, As it happens, I was born and raised history of our country in the past 50 years. in Salisbury. I was deeply honored to Seen from another perspective, the Move- just as they flocked to the Silicon Val- ment is the story of John Lewis’s life, as he ley and Virginia when our technology have the opportunity to introduce Con- has lived it day by day. industries were built. gressman LEWIS to the Salisbury com- In 1957, John Lewis managed to get to col- I find it distressing that a communist munity, and I ask unanimous consent lege in Nashville on a full scholarship. There country, the People’s Republic of to print my introductory remarks in he became a leader in the student sit-in China, has companies attracting entre- the CONGRESSIONAL RECORD. movement, which challenged the laws that preneurial people and customers with There being no objection, the mate- allowed African Americans to spend their stock options. Meanwhile, here in rial was ordered to be printed in the money shopping in Nashville’s stores but for- RECORD, as follows: bade them to sit at the lunch counters. America an unelected, prejudicial David Halberstam has observed that the stu- board wishes to stop such employee INTRODUCTION FOR CONGRESSMAN JOHN R. dents had much in the way of ideals and con- ownership, motivation and success to LEWIS, PACE LECTURE, SALISBURY UNIVER- victions, but they had no protection—‘‘no Americans. This proposal will harm the SITY police force, no judges, no cops, no money.’’ ability of innovative American compa- (By Senator Paul S. Sarbanes) John Lewis went to jail for sitting down— nies to successfully compete. It is pleasure to return to the campus of the first of some 40 times he was to go to Despite the issues I have discussed, Salisbury University. As many of you know, jail. Three months later, the lunch counters FASB is determined to make fun- coming to Salisbury is as always coming ‘‘served food to black customers for the first home. My parents had come to this country time in the city’s history.’’ damentally flawed assumptions about as immigrants from Greece and they settled John Lewis went on the Freedom Rides, future stock price and employment in Salisbury. I grew up here and went to which tested the Supreme Court ruling that trends. What is more, according to a Wicomico County’s public schools. Lifelong all vestiges of segregation in interstate trav- Bear Stearns report, there will be a 44- convictions and aspirations first took shape el had to end. As he observes in his memoir, percent decline in NASDAQ 100 compa- in Salisbury. ‘‘Issuing the decision was one thing, of nies’ profits if they would have been re- Today it is a special pleasure to be here, course. Carrying it out, as I would soon learn quired to expense employee stock op- because I have the signal honor and privilege firsthand, was another.’’ He rode the first bus, which traveled from tions in 2003. of introducing my congressional friend and colleague, John R. Lewis, as the third speak- Washington, DC, to Mississippi. He can re- I hope my colleagues are aware of the er in the annual lecture series sponsored by count for you better than I how many times issues and risks posed by moving for- PACE, this University’s Institute for Public he was beaten and jailed in the course of ward with this flawed proposal. At this Affairs and Civic Engagement. that ride. The violence that the Freedom time, we need to embrace efforts to The purpose of the lecture series is to Riders encountered was for most Americans keep people working and our economy bring distinguished public figures to the unimaginable. growing. If FASB is allowed to proceed, campus to speak on issues of public life. In the summer of 1961, when the ride ended, the economic effects will be disastrous. That certainly describes Congressman Lewis, John Lewis was 21 years old. who is serving his ninth term in the House of There is not enough time today to do jus- f Representatives as the representative of tice to that ride, or John Lewis’s years as TRIBUTE TO THE HONORABLE Georgia’s 5th congressional district, which chairman of SNCC, the Student Non-Violent JOHN R. LEWIS includes the city of Atlanta. Congressman Coordinating Committee, or his speech on Lewis sits on the Ways and Means and Budg- the Mall in Washington in 1963. But in this Mr. SARBANES. Mr. President, 5 et Committees, both with critically impor- election year I want to comment on the years ago Salisbury University, which tant jurisdictions. He is universally re- events that took place in Selma, AL, on is located in the town of Salisbury on spected as a legislator. Most recently he March 7, 1965. They have gone down in our Maryland’s Eastern Shore, established guided to enactment legislation to establish history as ‘‘Bloody Sunday.’’ PACE, the Institute for Public Affairs a new National Museum of African American On that day several hundred Americans set out to march from Selma to Montgomery, and Civic Engagement. PACE has a History and Culture. The Museum will take its rightful place among our nation’s great Alabama’s capital. Their purpose was to dual mission: to serve the communities Smithsonian Institutions on the Mall. press for the right to vote, a right denied to of the Eastern Shore, using campus re- But as many of you surely know—as I hope African Americans. The unarmed marchers sources, faculty-student research all of you know—Congressman Lewis’s dis- were brutally attacked by a ‘‘human wave’’ teams and off-campus opportunities tinguished record in the House of Represent- of ‘‘troopers and possemen.’’ John Lewis was like internships and a voter registra- atives is but one part of what makes him so among many beaten unconscious. tion drive to promote responsible citi- special as this year’s PACE lecturer. Bloody Sunday shocked the Nation. Five zenship and good government; and to When PACE was established 5 years ago, months later the historic Voting Rights Act its founders Professors Harry Baseheart and of 1965 was signed into law—a direct con- promote the active engagement of stu- Fran Kane said their objective was ‘‘to save sequence of the horrific attack at Selma. In dents in civic affairs. For Salisbury the next generation from the enervating the words of Taylor Branch, ‘‘The powerful Professors Harry Basehart, of the polit- winds of political apathy and cynicism and new law broke decades of impediment and ical science department, and Francis to play a part in a revival of civil engage- heartache.’’

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3564 CONGRESSIONAL RECORD — SENATE April 1, 2004 On Bloody Sunday, every marcher’s life tric submarine, and in the 1960s commanded Army Nurse Corps. As assistant chief, was on the line—for the right to vote. the first Polaris missile nuclear submarine, Colonel Gustke developed and imple- I ask you to reflect on the events at Selma the USS George Washington III (SSBN 598), mented policies and procedures that af- and their meaning for our Nation, and on No- and later the Ulysses S. Grant. (Larry was fected nearly 35,000 nursing personnel vember 2—Election Day 2004—to exercise pictured on the cover of LIFE magazine’s your priceless citizen’s right vote. March 22, 1963 issue as the first Polaris cap- throughout the Army. Collaborating From the beginning our Nation has lived tain.) He retired in late 1972 at the conclu- with senior Army and Department of by certain abiding principles. These were set sion of his last assignment as Commanding Defense organizations, she worked to out more than 60 years ago by the distin- Officer, Naval Submarine Base, Pearl Har- successfully obtain direct hire author- guished Swedish sociologist Gunnar Myrdal, bor. ity, thereby dramatically reducing the in his landmark study of race and America Captain From was a graduate of the Naval hiring time for civilian nurses. She democracy, An American Dilemma. He War College in Newport, RI, and the Na- spearheaded several recruitment and called this ‘‘The American Creed.’’ Here are tional War College in Washington, DC. He re- retention initiatives, including the $18 his words: ‘‘It is the current in the structure ceived a master’s degree in international af- of this great and disparate nation . . . en- fairs from George Washington University. million Health Professional Loan Re- compassing our ‘ideals of the essential dig- His service awards included the Legion of payment Program, the critical skills nity of the individual human being, of the Merit with Gold Star (second award), the retention bonus, and increased capac- fundamental equality of all men (and Joint Service Commendation Medal, and the ity for the Army Enlisted Commis- women), and of certain inalienable rights to Navy Commendation Medal with Combat sioning Program. Her efforts decreased freedom, justice, and a fair opportunity.’ ‘‘V’’. Submarines, while he served in them, the impact of the national nursing These ideals are ‘‘written into the Declara- were awarded the Presidential Unit Citation shortage on the Army. In addition, she tion of Independence, the Preamble of the and Navy Unit Commendation. implemented the recognition of the ad- In the late 1960s, he was instrumental in Constitution, the Bill of Rights and into the vanced practice nurse role for the constitutions of the several states.’’ establishing, developing, and maintaining a For much of its history our Nation failed Boy Scout Troop in the Chesterbrook Woods Army Medical Department. As chair of to live up to the principles it espoused. It has community of McLean. the Federal Nursing Service Council, been John Lewis’s lifelong mission to end After retiring from the Navy, Larry she sponsored the development of a the terrible contradiction that once assured worked for nearly 12 years at Science Appli- Federal nursing research model that these rights to some of our people while cations International Corporation as Vice focused on improving soldier readiness cruely denying them to others. He has led President of research and development, and and patient-care outcomes. and inspired generations of Americans to provided the Navy with state-of-the-art un- Colonel Gustke’s accomplishments make our Nation a better place for all our derwater tracking systems based on ad- are eloquent testimony to her talent, people. He has an incredible story to tell. It vanced signal processing techniques. Larry was a parishioner of St. John’s dedication, loyalty, and determination is a privilege to have Congressman Lewis on in ensuring that the best possible nurs- the Salisbury campus today, and I am hon- Catholic Church in McLean, and his faith ored to introduce him. was like the submarines he served: silent but ing care is always available to our sol- deep. He was committed to serving the Lord diers, their family members and our de- f and his lovely wife, Mary Jane, whom he serving retirees. Colonel Gustke has es- CAPT JOHN LAWRENCE FROM, JR. loved so devoutly and cared for for so many tablished a legacy of superior perform- years. Through it all, he remained a tower of Mr. LEAHY. Mr. President, recently ance to be emulated by all, which re- strength, always to be commended and re- flects greatly on herself, the United I heard about CAPT John Lawrence membered. From, Jr. in McLean, VA, a retired Survivors include his wife of 58 years, States Army, the Department of De- Navy nuclear submarine captain, who Mary Jane; three children, Deborah J. fense, and the United States of Amer- lived next door to Jim Rosser and his Fletcher of Mill Valley, CA, Tina L. Egge of ica. I extend my deepest appreciation wife, Nicki Watts. They told me that Fredericksburg, VA, and Michael E. From of on behalf of a grateful Nation for her he had died of pneumonia at Arlington Seattle, WA; and three grandsons, Kyle dedicated service. Congratulations to Hospital at the age of 82. Retired Air Egge, and Christopher and Patrick From. He Colonel Gustke. I wish her Godspeed. is also survived by his brother, William f Force Colonel Watts sent me material From, and sister, Mary Elizabeth Troxell. about him, and I would like to include Larry was interred at Arlington Cemetery ADDITIONAL STATEMENTS it in the RECORD. Sometimes obituaries on March 30th. are so cold and give so little about f somebody’s life that I wanted the Sen- AMERICAN LEGACY FOUNDATION ate to pause and think of Captain TRIBUTE TO COLONEL DEBORAH ∑ A. GUSTKE Mr. HARKIN. Mr. President, I wanted From. to take a moment today to speak about Captain From not only served in the Mr. INOUYE. Mr. President, I would the American Legacy Foundation. This Pacific during World War II, but also like to recognize a great American and foundation celebrated its 5th anniver- commanded the first Polaris missile a true military hero who has honorably sary this past month, and I wanted to nuclear submarine. The Pacific The- served our country for 32 years in the express my continued support for the ater tours were dangerous, extraor- Army and Army Nurse Corps: Colonel foundation in the future. dinarily uncomfortable, and extremely Deborah A. Gustke. Colonel Gustke has This foundation, formed under the necessary to our efforts to win World a true passion for nursing and served in master settlement agreement reached War II. a variety of clinical nursing and lead- with big tobacco, has worked tirelessly People get mentioned on this floor ership positions at various Army med- over the last 5 years on its mission to for many things, but I agree with Colo- ical facilities including Fort Benning, build a world where young people re- nel Watts that Captain From should re- GA, Tripler Army Medical Center, Ha- ject tobacco and anyone can quit. ceive recognition here. waii, and Fort Hood, TX. Her tremen- We know that tobacco is still the I ask unanimous consent to have dous leadership skills led to her selec- leading cause of preventable death in printed in the RECORD some material I tion as a nurse recruiter and subse- this country. Forty-seven million have about him. quent selection for long-term civilian Americans smoke, and 400,000 people a There being no objection, the mate- schooling to obtain an advanced degree year die because of it. Smokers have a rial was ordered to be printed in the as an oncology clinical nurse spe- one in three chance of dying from RECORD, as follows: cialist. Colonel Gustke served with dis- smoking-related conditions. John Lawrence From, Jr. (Larry), 82, a re- tinction in a series of senior leadership Even more alarming, every day, 3,000 tired Navy nuclear submarine captain, died positions as chief nurse at Fort Knox, children under age 18 start smoking, of March 19, 2004, of pneumonia at Arlington KY, Fort Rucker, AL, and at Fort which 1,000 will ultimately die of smok- Hospital. He had lived in McLean, VA, since Bliss, TX, and as the Army Nurse Corps ing related diseases. Almost 90 percent 1972. personnel proponent staff officer. In of adult smokers started using tobacco Captain From, a native of Norfolk, VA, every circumstance, Colonel Gustke was a 1943 graduate (class of 1944) of the U.S. at or before age 18; the average youth Naval Academy in Annapolis, MD. was recognized for her clinical excel- smoker begins at age 13 and becomes a He served in the Pacific Theater during lence and stellar leadership. daily smoker by age 141⁄2. WWII, making six submarine war patrols. In 2000, Colonel Gustke was ap- The American Legacy Foundation, After the war, he commanded a diesel-elec- pointed the Assistant Chief of the through its highly effective public

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3565 awareness campaign truth® alone, has chines, and every car on the NASCAR all of the many positions he accepted, helped reduce youth smoking rates to a racing circuit. he brought energy and integrity to the 28-year historic low. I have heard from I commend the Dana Corporation for job. young people in my home state of Iowa its century of success and wish the That inner fire that he brought to his who say that seeing the truth® tele- company and all of its employees con- work is the reason why so many of us vision and magazine advertisements tinued success in producing and manu- will miss Reverend Jimmy Waters. He have affected their decisions about to- facturing high-quality automotive sup- was a great American and my good bacco. The foundation also has a num- plies.∑ friend.∑ ber of successful cessation programs in f operation across the country. f IN MEMORY OF REVEREND JIMMY The American Legacy Foundation WATERS clearly still has work to do. Educating MESSAGES FROM THE PRESIDENT American young people about the ∑ Mr. CHAMBLISS. Mr. President, for Messages from the President of the harmful effects of smoking is not mere- most of his 83 years, the Reverend United States were communicated to ly a 5-year long task. Yet this year, the Jimmy Waters made a significant im- the Senate by Ms. Evans, one of his foundation received its last payment pact on the lives of many Georgians. secretaries. from the master settlement agreement. The former pastor of Macon’s Mabel Without increased resources, the im- White Memorial Baptist Church and f portant work of the American Legacy Tattnall Square Baptist Church has EXECUTIVE MESSAGES REFERRED Foundation cannot continue. spent, as he said, a great deal of time I ask that my colleagues to join with battling fires. For more than 55 years, As in executive session the Presiding me in recognizing the achievements of he was chaplain of the Macon-Bibb Officer laid before the Senate messages the American Legacy Foundation and County Fire Department assisting the from the President of the United in pledging our support for the impor- men who fought physical fires. For States submitting sundry nominations tant work they do educating our nation nearly 60 years, he was also an or- which were referred to the appropriate about the dangers of tobacco use.∑ dained minister, fighting, as he said, committees. f the hell fire that threatens men’s (The nominations received today are souls. printed at the end of the Senate pro- DANA CORPORATION’S 100TH In addition to presiding over the ceedings.) ANNIVERSARY growth of Mabel White from 800 mem- ∑ Mr. DEWINE. Mr. President, I rise bers to over 3,900, he served as chaplain f today to recognize the Dana Corpora- to the Macon Police Department, the tion, a fine Ohio company celebrating a Bibb County Sheriff’s Office, the Geor- MESSAGE FROM THE HOUSE— very important milestone—100 years of gia State Patrol, and the Georgia bu- March 31, 2004 quality service as one of the world’s reau of Investigation. He was also At 12.16 p.m., a message from the chief automotive suppliers. The Dana named lifetime chaplain of the Georgia House of Representatives, delivered by Corporation, headquartered in Toledo, Peace Officers Association, which Ms. Niland, one of its reading clerks, OH, develops automotive parts and sys- awarded the first Jimmy Waters Schol- announced that the House has agreed tems that have truly revolutionized arship in his honor to a University of to the following concurrent resolution, the automotive industry. Georgia criminal justice student. in which it requests the concurrence of I would like to take just a few mo- Reverend Waters was a graduate of the Senate: ments to tell my colleagues in the Sen- Mercer University, where he entered H. Con. Res. 386. Concurrent resolution ate about this Ohio company and how the ministry while he was still a fresh- congratulating the United States Air Force much of an impact it has made in my man and earned both his bachelor’s and Academy on its 50th Anniversary and recog- home State. Back in early 1904, a doctorate degrees. As a loving father nizing its contributions to the Nation. young engineering student named Clar- and husband, he raised three daughters f ence Spicer received a patent for devel- with his wife, the former Annette Bur- oping the first feasible universal joint ton of Crawfordville. His family often ENROLLED BILLS SIGNED to power an automobile. With this one sang with him as he conducted reli- invention, Clarence Spicer forever gious services in churches located as The following enrolled bills, pre- changed the way automobiles operated far away as Israel and Italy. viously signed by the Speaker of the by changing the drive mechanism from Reverend Waters was not the type of House, were signed on today, April 1, chain to joint operated. It was from Christian who kept his lamp under a 2004, by the President pro tempore (Mr. these early insights and humble cir- bushel. He and his siblings sang gospel STEVENS.) cumstances that the Dana Corporation music on Atlanta’s WSB radio station H.R. 2584. An act to provide for the convey- was born. in the 1930s. In addition to his duties as ance to the Utrok Atoll local government of The company gained standing and fi- pastor, he initiated televised services a decommissioned National Oceanic and At- mospheric Administration ship, and for nancial prosperity under the leadership from Mabel White, and later began other purposes. of businessman, attorney, politician, broadcasts of ‘‘The Victory Hour.’’ S. 2057. An act to require the Secretary of and financier, Charles Dana. Under his After he retired from Mabel White in Defense to reimburse members of the United leadership, the company began to grow 1977, he devoted his efforts to Jimmy States Armed Forces for certain transpor- in technology, production, and geo- Waters Ministries, which spread the tation expenses incurred by the members in graphic reach. Today, the Dana Cor- Gospel through radio, television, and connection with leave under the Central poration employs at least 28,000 Ameri- evangelism. As religious director for Command Rest and Recuperation Leave Pro- cans. In Ohio, alone, the company em- WMAZ radio and television in Macon, gram before the program was expanded to in- clude domestic travel. ploys 3,151 people in 22 different facili- he recorded over 25,000 broadcasts at ties. They are world renowned for their home and abroad until he stopped in f research and production of drive shafts 2003. He also served as co-host for many and axles; engine cradles, full-body fundraising telethons for Macon’s MEASURES REFERRED frames, brake and chassis products, in- WMAZ–TV in support of the Muscular The following concurrent resolution cluding suspensions and steering prod- Dystrophy Association, the Children’s was read the first and second times by ucts; heat exchangers, valves, and cool- Miracle Network and Cerebral Palsy. unanimous consent, and referred as in- ers; and bearings and sealing products. Dr. Waters was often recognized for dicated: Their dedication and insight have his work, serving as President of the H. Con. Res. 386. Concurrent resolution helped move some of history’s greatest Georgia Baptist Convention from 1974– congratulating the United States Air Force vehicles—from the Model T and World 1976 and as Chairman of the Southern Academy on its 50th Anniversary and recog- War II-era Jeep to London taxicabs, 18- Baptist Convention’s Radio and Tele- nizing its contributions to the Nation; to the wheel rigs, giant earth-moving ma- vision Commission from 1977–1978. In Committee on Armed Services.

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3566 CONGRESSIONAL RECORD — SENATE April 1, 2004 ENROLLED BILLS PRESENTED EC–6971. A communication from the Dep- entitled ‘‘Obligations of Federal Contractors uty Associate Administrator, Environmental and Subcontractors; Notice of Employee The Secretary of the Senate reported Protection Agency, transmitting, pursuant Rights Concerning Payment of Union Dues that on March 31, 2004, she had pre- to law, the report of a rule entitled or Fees’’ (RIN1215–AB33) received on March sented to the President of the United ‘‘Flumioxazin; Pesticide Tolerance’’ 31, 2004; to the Committee on Health, Edu- States the following enrolled bills: (FRL#7351–2) received on March 31, 2004; to cation, Labor, and Pensions. S. 2231. An act to reauthorize the Tem- the Committee on Environment and Public EC–6982. A communication from the Regu- porary Assistance for Needy Families block Works. lations Coordinator, Centers for Medicare grant program through June 30, 2004, and for EC–6972. A communication from the Fed- and Medicaid Services, Department of other purposes. eral Register Certifying Officer, Fiscal Serv- Health and Human Services, transmitting, S. 2241. An act to reauthorize certain ice, Department of the Treasury, transmit- pursuant to law, the report of a rule entitled shcool lunch and child nutrition programs ting, pursuant to law, the report of a rule en- ‘‘Grants to States for Operation of Qualified thfough June 30, 2004. titled ‘‘Endorsement and Payment of Checks High Risk Pools’’ (RIN0938–AM42) received Drawn on the United States Treasury’’ on March 31, 2004; to the Committee on f (RIN1510–AA45) received on March 31, 2004; to Health, Education, Labor, and Pensions. EXECUTIVE AND OTHER the Committee on Finance. EC–6983. A communication from the In- COMMUNICATIONS EC–6973. A communication from the Regu- spector General, Department of Defense, lations Coordinator, Administration for transmitting, pursuant to law, a report rel- The following communications were Children and Families, Department of ative to the Department of Defense voting laid before the Senate, together with Health and Human Services, transmitting, assistance program; to the Committee on accompanying papers, reports, and doc- pursuant to law, the report of a rule entitled Rules and Administration. uments, and were referred as indicated: ‘‘Tribal Child Support Enforcement Pro- EC–6963. A communication from the Dep- grams; Final Rule’’ (RIN0970–AB73) received f uty Associate Administrator, Environmental on March 31, 2004; to the Committee on Fi- Protection Agency, transmitting, pursuant nance. EXECUTIVE REPORTS OF EC–6974. A communication from the Acting to law, the report of a rule entitled ‘‘Dela- Chief, Publications and Regulations Branch, COMMITTEES ware and Maryland: Adequacy of State Solid Internal Revenue Service, transmitting, pur- The following executive reports of Waste Landfill Permit Programs Under suant to law, the report of a rule entitled RCRA Subtitle D’’ (FRL#7642–8) received on committees were submitted: ‘‘Frivolous Agreement to Avoid Concerning March 31, 2004; to the Committee on Agri- By Mr. HATCH for the Committee on the Statutory and Nonstatutory Stock Options’’ culture, Nutrition, and Forestry. Judiciary. (Notice 2004–28) received on March 31, 2004; to EC–6964. A communication from the Dep- William Gerry Myers III, of Idaho, to be the Committee on Finance. United States Circuit Judge for the Ninth uty Associate Administrator, Environmental EC–6975. A communication from the Acting Circuit. Protection Agency, transmitting, pursuant Chief, Publications and Regulations Branch, Peter W. Hall, of , to be United to law, the report of a rule entitled ‘‘Ap- Internal Revenue Service, transmitting, pur- States Circuit Judge for the Second Circuit. proval and Promulgation of Air Quality Im- suant to law, the report of a rule entitled Roger T. Benitez, of California, to be plementation Plans; North Dakota; State ‘‘Loss Deductions for Diminution in Value of United States District Judge for the South- Implementation Plan Corrections’’ Stock Attributable to Corporate Mis- ern District of California. (FRL#7641–8) received on March 31, 2004; to conduct’’ (Notice 2004–27) received on March Marcia G. Cooke, of Florida, to be United the Committee on Agriculture, Nutrition, 31, 2004; to the Committee on Finance. and Forestry. EC–6976. A communication from the Acting States District Judge for the Southern Dis- EC–6965. A communication from the Ad- Chief, Publications and Regulations Branch, trict of Florida. ministrator, National Aeronautics and Space Internal Revenue Service, transmitting, pur- Paul S. Diamond, of Pennsylvania, to be Administration, transmitting a draft of pro- suant to law, the report of a rule entitled United States District Judge for the Eastern posed legislation relative to appropriations ‘‘Announcement and Report Concerning Ad- District of Pennsylvania. to the Administration; to the Committee on vance Pricing Agreements’’ (Ann. 2004–26) re- Jane J. Boyle, of Texas, to be United Commerce, Science, and Transportation. ceived on March 31, 2004; to the Committee States District Judge for the Northern Dis- EC–6966. A communication from the Assist- on Finance. trict of Texas. ant Secretary for Fish and Wildlife and EC–6977. A communication from the Assist- Walter D. Kelley, Jr., of Virginia, to be Parks, Department of the Interior, transmit- ant Secretary, Legislative Affairs, transmit- United States District Judge for the Eastern ting, a draft of proposed legislation entitled ting, pursuant to the Emergency Wartime District of Virginia. the ‘‘National Heritage Partnership Act’’; to Supplemental Appropriations Act, the report Matthew G. Whitaker, of Iowa, to be the Committee on Energy and Natural Re- of the export of defense articles or defense United States Attorney for the Southern sources. services to Iraq; to the Committee on For- District of Iowa for the term of four years. EC–6967. A communication from the Sec- eign Relations. (Nominations without an asterisk retary of Energy, transmitting, a draft of EC–6978. A communication from the Assist- were reported with the recommenda- proposed legislation to amend Part D of the ant Secretary, Legislative Affairs, transmit- tion that they be confirmed.) Energy Employees Occupational Illness ting, pursuant to the Arms Export Control Compensation Program Act of 2000 Act, the report of a proposed license for the f (EEOICPA); to the Committee on Energy and export of defense articles or defense services Natural Resources. sold commercially under a contract in the INTRODUCTION OF BILLS AND EC–6968. A communication from the Dep- amount of $50,000,000 or more to Russia, uty Associate Administrator, Environmental Ukraine, and Norway; to the Committee on JOINT RESOLUTIONS Protection Agency, transmitting, pursuant Foreign Relations. The following bills and joint resolu- to law, the report of a rule entitled ‘‘6- EC–6979. A communication from the Assist- tions were introduced, read the first Benzyladenine; Exemption from the Require- ant Secretary, Legislative Affairs, transmit- and second times by unanimous con- ment of a Tolerance’’ (FRL#7347–6) received ting, pursuant to the Arms Export Control on March 31, 2004; to the Committee on Envi- Act, the report of a proposed license for the sent, and referred as indicated: ronment and Public Works. export of defense articles or defense services By Mr. BUNNING (for himself, Mrs. EC–6969. A communication from the Dep- sold commercially under a contract in the BOXER, and Mr. BURNS): uty Associate Administrator, Environmental amount of $100,000,000 or more to Japan and S. 2268. A bill to provide for recruiting, Protection Agency, transmitting, pursuant Russia; to the Committee on Foreign Rela- training, and deputizing persons for the Fed- to law, the report of a rule entitled ‘‘Bacillus tions. eral flight desk officer program; to the Com- Thuringiensis Cry2AB2; Amended Exemption EC–6980. A communication from the Assist- mittee on Commerce, Science, and Transpor- from Requirement of a Tolerance’’ ant Secretary, Legislative Affairs, transmit- tation. (FRL#7345–4) received on March 31, 2004; to ting, pursuant to the Arms Export Control By Mr. BOND (for himself and Ms. MI- the Committee on Environment and Public Act, the report of a proposed license for the KULSKI): Works. export of defense articles or defense services S. 2269. A bill to improve environmental EC–6970. A communication from the Dep- sold commercially under a contract in the enforcement and security; to the Committee uty Associate Administrator, Environmental amount of $50,000,000 or more to Russia and on Environment and Public Works. Protection Agency, transmitting, pursuant Kazahkstan to the Committee on Foreign By Mr. DEWINE (for himself, Mr. KOHL, to law, the report of a rule entitled ‘‘Bacillus Relations. Mr. GRASSLEY, Mr. SCHUMER, Mr. Thuringiensis CryIF Protein in Cotton; Ex- EC–6981. A communication from the Dep- SPECTER, Mr. FEINGOLD, Mr. LEAHY, tension of Temporary Exemption from the uty Assistant Secretary for Labor-Manage- and Mr. COLEMAN): Requirement of a Tolerance’’ (FRL#7242–3) ment Programs, Employment Standards Ad- S. 2270. A bill to amend the Sherman Act received on March 31, 2004; to the Committee ministration, Department of Labor, trans- to make oil-producing and exporting cartels on Environment and Public Works. mitting, pursuant to law, the report of a rule illegal; to the Committee on the Judiciary.

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3567 By Mr. DURBIN (for himself, Mr. LAU- By Mr. NELSON of Florida (for himself HUTCHISON) was added as a cosponsor of TENBERG, Mr. CORZINE, Mrs. FEIN- and Mr. ALLEN): S. 1447, a bill to establish grant pro- STEIN, Mr. KENNEDY, and Mrs. S. Res. 328. A resolution expressing the grams to improve the health of border BOXER): sense of the Senate regarding the continued area residents and for bioterrorism pre- S. 2271. A bill to establish national stand- human rights violations committed by Fidel ards for discharges from cruise vessels into Castro and the Government of ; to the paredness in the border area, and for the waters of the United States, and for Committee on Foreign Relations. other purposes. other purposes; to the Committee on Com- f S. 1808 merce, Science, and Transportation. At the request of Mr. SESSIONS, the By Mr. BINGAMAN (for himself and ADDITIONAL COSPONSORS name of the Senator from South Caro- Mr. SMITH): S. 726 lina (Mr. GRAHAM) was added as a co- S. 2272. A bill to amend title XIX of the So- sponsor of S. 1808, a bill to provide for cial Security Act to expand the pediatric At the request of Ms. STABENOW, the vaccine distribution program to include cov- name of the Senator from Louisiana the preservation and restoration of his- erage for children administered a vaccine at (Ms. LANDRIEU) was added as a cospon- toric buildings at historically women’s a public health clinic or Indian clinic, and sor of S. 726, a bill to treat the Tuesday public colleges or universities. for other purposes; to the Committee on Fi- next after the first Monday in Novem- S. 1980 nance. ber as a legal public holiday for pur- At the request of Mr. GRAHAM of By Mr. MCCAIN (for himself, Mr. HOL- poses of Federal employment, and for Florida, the name of the Senator from LINGS, Ms. SNOWE, Mr. KENNEDY, Mrs. other purposes. South Carolina (Mr. HOLLINGS) was CLINTON, Mr. ROCKEFELLER, Mr. added as a cosponsor of S. 1980, a bill to BIDEN, Mr. CARPER, and Mr. LAUTEN- S. 847 BERG): At the request of Mr. SMITH, the amend the Help America Vote Act of S. 2273. A bill to provide increased rail name of the Senator from Arkansas 2002 to require a voter-verified perma- transportation security; to the Committee (Mr. PRYOR) was added as a cosponsor nent record or hardcopy under title III on Commerce, Science, and Transportation. of S. 847, a bill to amend title XIX of of such Act, and for other purposes. By Ms. LANDRIEU: the Social Security Act to permit S. 2020 S. 2274. A bill to expand and improve re- States the option to provide medicaid At the request of Mrs. BOXER, the tired pay, burial, education, and other mobi- name of the Senator from Illinois (Mr. lization benefits for members of the National coverage for low income individuals in- Guard and Reserves who are called or or- fected with HIV. DURBIN) was added as a cosponsor of S. dered to active duty, and for other purposes; S. 973 2020, a bill to prohibit, consistent with to the Committee on Finance. At the request of Mr. NICKLES, the Roe v. Wade, the interference by the By Ms. MIKULSKI (for herself, Mr. name of the Senator from Indiana (Mr. government with a woman’s right to SPECTER, Mrs. MURRAY, Mrs. CLIN- LUGAR) was added as a cosponsor of S. choose to bear a child or terminate a TON, Ms. LANDRIEU, Mr. SCHUMER, Mr. pregnancy, and for other purposes. LIEBERMAN, Mr. DASCHLE, and Mr. 973, a bill to amend the Internal Rev- S. 2039 DAYTON): enue Code of 1986 to provide a shorter S. 2275. A bill to amend the Homeland Se- recovery period for the depreciation of At the request of Mr. WYDEN, the curity Act of 2002 (6 U.S.C. 101 et seq.) to pro- certain restaurant buildings. name of the Senator from Kansas (Mr. BROWNBACK) was added as a cosponsor vide for homeland security assistance for S. 1123 high-risk nonprofit organizations, and for of S. 2039, a bill to waive time limita- At the request of Mrs. BOXER, the other purposes; to the Committee on Govern- tions specified by law in order to allow name of the Senator from Hawaii (Mr. mental Affairs. the Medal of Honor to be awarded post- INOUYE) was added as a cosponsor of S. By Mrs. BOXER: humously to Rex T. Barber of 1123, a bill to provide enhanced Federal S. 2276. A bill to allow the Secretary of Terrebonne, Oregon, for acts of valor Homeland Security to make grants to Am- enforcement and assistance in pre- during World War II in attacking and trak, other rail carriers, and providers of venting and prosecuting crimes of vio- shooting down the enemy aircraft mass transportation for improvements to the lence against children. security of our Nation’s rail and mass trans- transporting Japanese Admiral Isoroku S. 1223 portation system; to the Committee on Com- Yamamoto. At the request of Mr. BINGAMAN, the merce, Science, and Transportation. S. 2059 name of the Senator from Rhode Island By Mr. MCCAIN: At the request of Mr. FITZGERALD, S. 2277. A bill to amend the Act of Novem- (Mr. REED) was added as a cosponsor of the name of the Senator from Min- ber 2, 1966 (80 Stat. 1112), to allow binding ar- S. 1223, a bill to increase the number of nesota (Mr. COLEMAN) was added as a bitration clauses to be included in all con- well-trained mental health service pro- tracts affecting the land within the Salt cosponsor of S. 2059, a bill to improve fessionals (including those based in the governance and regulation of mu- River Pima-Maricopa Indian Reservation; to schools) providing clinical mental the Committee on Indian Affairs. tual funds under the securities laws, health care to children and adoles- By Mr. ENSIGN (for himself and Mr. and for other purposes. cents, and for other purposes. CRAIG): S. 2099 S. 1369 S. 2278. A bill to amend title 28, United At the request of Mr. MILLER, the States Code, to provide for the appointment At the request of Mr. AKAKA, the name of the Senator from Alabama of additional Federal circuit judges, to di- name of the Senator from Washington vide the Ninth Judicial Circuit of the United (Mr. SESSIONS) was added as a cospon- (Mrs. MURRAY) was added as a cospon- States into 3 circuits, and for other purposes; sor of S. 2099, a bill to amend title 38, to the Committee on the Judiciary. sor of S. 1369, a bill to ensure that pre- United States Code, to provide entitle- By Mr. HOLLINGS (for himself, Mr. scription drug benefits offered to medi- ment to educational assistance under MCCAIN, and Mr. BREAUX): care eligible enrollees in the Federal the Montgomery GI Bill for members of S. 2279. A bill to amend title 46, United Employees Health Benefits Program the Selected Reserve who aggregate States Code, with respect to maritime trans- are at least equal to the actuarial more than 2 years of active duty serv- portation security, and for other purposes; to value of the prescription drug benefits ice in any five year period, and for the Committee on Commerce, Science, and offered to enrollees under the plan gen- other purposes. Transportation. erally. S. 2175 f S. 1381 At the request of Mr. DODD, the SUBMISSION OF CONCURRENT AND At the request of Ms. SNOWE, the names of the Senator from Connecticut SENATE RESOLUTIONS name of the Senator from Washington (Mr. LIEBERMAN) and the Senator from (Ms. CANTWELL) was added as a cospon- The following concurrent resolutions Maine (Ms. SNOWE) were added as co- sor of S. 1381, a bill to amend the Inter- and Senate resolutions were read, and sponsors of S. 2175, a bill to amend the nal Revenue Code of 1986 to modify cer- referred (or acted upon), as indicated: Public Health Service Act to support tain provisions relating to the treat- the planning, implementation, and By Mr. SPECTER: ment of forestry activities. S. Res. 327. A resolution providing for a evaluation of organized activities in- protocol for nonpartisan confirmation of ju- S. 1447 volving statewide youth suicide early dicial nominees; to the Committee on Rules At the request of Mr. BINGAMAN, the intervention and prevention strategies, and Administration. name of the Senator from Texas (Mrs. and for other purposes.

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3568 CONGRESSIONAL RECORD — SENATE April 1, 2004 S. 2227 Con. Res. 81, a concurrent resolution With this dramatic new commitment At the request of Mr. BIDEN, the expressing the deep concern of Con- to environmental enforcement and name of the Senator from Nebraska gress regarding the failure of the Is- drinking water security, we will tell (Mr. NELSON) was added as a cosponsor lamic Republic of Iran to adhere to its those who would intentionally harm us of S. 2227, a bill to prevent and punish obligations under a safeguards agree- that we are coming after them. counterfeiting and copyright piracy, ment with the International Atomic The environment and health of our and for other purposes. Energy Agency and the engagement by communities need vigorous prosecu- S. 2242 Iran in activities that appear to be de- tion of intentional violations of our At the request of Mr. BIDEN, the signed to develop nuclear weapons. Nation’s environmental laws. The U.S. name of the Senator from Nebraska S. CON. RES. 90 Environmental Protection Agency (Mr. NELSON) was withdrawn as a co- At the request of Mr. LEVIN, the (EPA) Criminal Enforcement program sponsor of S. 2242, a bill to prevent and name of the Senator from Connecticut investigates the most significant and egregious violators of environmental punish counterfeiting and copyright pi- (Mr. DODD) was added as a cosponsor of racy, and for other purposes. S. Con. Res. 90, a concurrent resolution laws that pose a significant threat to S. 2258 expressing the sense of the Congress re- human health and the environment. At the request of Mr. HATCH, the garding negotiating, in the United However, the number of EPA Criminal name of the Senator from Alaska (Mr. States-Thailand Free Trade Agree- Enforcement Special Agents has re- mained constant for the last several STEVENS) was added as a cosponsor of ment, access to the United States auto- years. S. 2258, a bill to revise certain require- mobile industry. ments for H–2B employers for fiscal In addition, in our post-9/11 world, S. RES. 313 year 2004, and for other purposes. EPA Special Agents are needed for At the request of Mr. FEINGOLD, the S. 2261 homeland security duties to detect, in- name of the Senator from New Jersey At the request of Mr. DEWINE, the vestigate and respond to terrorist (Mr. CORZINE) was added as a cosponsor names of the Senator from New Jersey threats involving chemical or biologi- of S. Res. 313, a resolution expressing (Mr. LAUTENBERG) and the Senator cal hazards. the sense of the Senate encouraging from Vermont (Mr. JEFFORDS) were EPA Special Agents support the De- the active engagement of Americans in added as cosponsors of S. 2261, a bill to partment of Homeland Security, Fed- world affairs and urging the Secretary expand certain preferential trade treat- eral Bureau of Investigation and the of State to coordinate with imple- ment for Haiti. Department of Justice. EPA Special menting partners in creating an online Agents are members of FBI Counter- S. 2266 database of international exchange Terrorism Response Teams and Evi- At the request of Mr. LIEBERMAN, his programs and related opportunities. name was added as a cosponsor of S. dence Response Teams. However, with this new post-9/11 need 2266, a bill to amend the Small Busi- S. RES. 317 to respond to the threat of terrorism, ness Act to provide adequate funding At the request of Mr. HAGEL, the some are concerned that environ- for Women’s Business Centers. names of the Senator from Nebraska mental violations may not be receiving At the request of Mr. EDWARDS, his (Mr. NELSON) and the Senator from name was added as a cosponsor of S. Alaska (Ms. MURKOWSKI) were added as the attention they deserve. A recent report by the EPA Inspector General, 2266, supra. cosponsors of S. Res. 317, a resolution an internal review by the EPA Enforce- At the request of Mr. JEFFORDS, his recognizing the importance of increas- name was added as a cosponsor of S. ing awareness of autism spectrum dis- ment and Compliance Assurance pro- 2266, supra. orders, supporting programs for in- gram, and various media accounts tell how EPA needs more resources to meet S. 2267 creased research and improved treat- both its environmental and homeland At the request of Ms. SNOWE, the ment of autism, and improving train- ing and support for individuals with security duties. name of the Senator from Missouri Our bill responds to these calls with (Mr. BOND) was added as a cosponsor of autism and those who care for individ- uals with autism. a dramatic new commitment to EPA’s S. 2267, a bill to amend section 29(k) of enforcement program. My bill will put the Small Business Act to establish S. RES. 326 50 new EPA Criminal Enforcement Spe- funding priorities for women’s business At the request of Mr. VOINOVICH, the cial Agents on the environmental beat. centers. name of the Senator from Oregon (Mr. EESA will also provide for 80 Special At the request of Mr. PRYOR, his SMITH) was added as a cosponsor of S. Agents to support homeland security name was added as a cosponsor of S. Res. 326, a resolution condemning eth- duties. 2267, supra. nic violence in Kosovo. With our bill, we will no longer need At the request of Mr. LEVIN, his name f to make a choice between protecting was added as a cosponsor of S. 2267, our homeland and protecting our envi- supra. STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS ronment. S.J. RES. 19 With out bill, those who would inten- At the request of Mr. SPECTER, the By Mr. BOND (for himself and tionally hurt our families and commu- names of the Senator from Maine (Ms. Ms. MIKULSKI): nities through environmental harm SNOWE) and the Senator from New Jer- S. 2269. A bill to improve environ- will know that we are sending the man- sey (Mr. CORZINE) were added as co- mental enforcement and security; to power and resources needed to come sponsors of S.J. Res. 19, a joint resolu- the Committee on Environment and after them. tion recognizing Commodore John Public Works. We are also sending local commu- Barry as the first flag officer of the Mr. BOND. Mr. President, I am de- nities new funding to protect our . lighted to join with my friend and col- drinking water supplies. Every family S.J. RES. 28 league Senator MIKULSKI to introduce and every business needs clean and safe At the request of Mr. CAMPBELL, the today the Environmental Enforcement drinking water. Every mother needs to name of the Senator from Kansas (Mr. and Security Act (EESA) of 2004. This know that when she turns on the tap in BROWNBACK) was added as a cosponsor bill will increase substantially enforce- her kitchen sink, clean and safe water of S.J. Res. 28, a joint resolution recog- ment of our Nation’s environmental will come out. nizing the 60th anniversary of the Al- laws, increase environmentally related That is why our bill devotes $100 mil- lied landing at Normandy during World homeland security, and further protect lion for additional drinking water secu- War II. our Nation’s water supply from ter- rity protections. EESA will send grant At the request of Mr. FEINGOLD, his rorist attack. funds directly to water systems to pro- name was added as a cosponsor of S.J. Our families and environment de- tect against terrorist attack with fenc- Res. 28, supra. serve communities free from inten- ing, intruder detection, access control S. CON. RES. 81 tional violators of environmental laws and water monitoring. The need is At the request of Mr. DASCHLE, his and terrorists who would attack our great, but the federal government will name was added as a cosponsor of S. drinking water supplies. attempt to do its share.

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3569 Our bill will also enhance EPA’s abil- tablish production and price levels of sumer. It is time that we take steps to ity to protect the environment and petroleum products. assure that oil is subject to the prin- human health in several other ways. Every consumer in America knows ciples of the free market. The bill that EESA will double the number of en- that gasoline prices have reached we are introducing today would do just forcement trainers and triple EPA’s en- record highs over the last couple of that and help in the fight to lower gas forcement training budget. EESA funds weeks. The national average has prices. will train Federal, State and local in- reached a new record high for self-serve Senator KOHL and I have introduced spectors, law enforcement agents and unleaded gas. That is approximately this bill twice before—in 2000 and 2001. prosecutors with the training they $1.80 per gallon. But over the last week It is an idea whose time has come. The need to pursue environmental viola- in my home State of Ohio gas prices purpose of our NOPEC bill is simple—it tions. have been even higher. In Marietta, gas would treat OPEC like any other car- Our bill will also improve the envi- was $1.84; in Cleveland, $1.86; in Colum- tel. If OPEC were a group of private ronment by doubling compliance as- bus, it topped out at $1.88 in some sta- companies colluding on prices, the ex- sistance funds to fill gaps in enforce- tions. Many analysts predict that ecutives could be prosecuted and sent ment coverage, reach regulated facili- prices could get as high as $2 per gal- to jail, and the firms would pay mil- ties not visited by inspectors, and help lon, or higher, by the summer. lions of dollars in fines or maybe even the regulated community, especially This is of particular interest to me billions in fines. Unfortunately, how- small businesses, to understand EPA’s because Ohio and the Midwestern ever, for years enforcement has been complex and extensive regulatory re- States always seem to be hit especially constrained by two related court opin- quirements. hard by gas prices spikes. These spikes ions. Our bill will also make EPA’s en- are acutely painful to persons who In 1979, a Federal District Court forcement actions more efficient and commute long distances and to those found that OPEC’s price-setting deci- targeted by fully funding a strategic who live on fixed incomes such as the sions were ‘‘governmental’’ acts and enforcement targeting program. EESA elderly. accordingly that they were given sov- will enhance EPA’s ability to target its What is the cause? Certainly there ereignty status and protected by the enforcement actions to where the envi- are many causes, but as we might ex- Foreign Sovereign Immunities Act. ronment needs them most. Strategic pect, there are a number of factors at Subsequently, in 1981, a Federal Court targeting will also improve EPA’s abil- play. But there is surprising agreement of Appeals declined to consider the ap- ity to identify and respond to increased among industry experts about the pri- peal of that antitrust case based on the noncompliance with environmental mary cause of high gas prices and that so-called ‘‘act of state’’ doctrine. laws. is the increase in imported crude oil NOPEC would effectively reverse Our Nation’s environmental laws prices. these decisions by making it clear that exist to protect our families, our com- We also know the biggest factor in OPEC’s activities are not protected by munities and our natural resources. setting crude oil prices is OPEC. The sovereign immunity and that the Fed- Those who would intentionally violate unacceptably high price of imported eral courts should not decline to hear our environmental laws deserve the crude oil is a direct result of collusive such a case based on the ‘‘act of state’’ full force of the government to stop agreements among OPEC nations to doctrine. As a result, under NOPEC, them. maintain the price of oil. the Department of Justice and the Fed- Our families and communities also Despite the fact that gasoline prices eral Trade Commission could bring a deserve our most vigorous efforts to are going through the roof, OPEC legal antitrust enforcement action protect them from the specter of ter- members met yesterday in Austria and against foreign states engaging in the ror. Chemical and biological threats decided to cut the output of oil even restraint of trade regarding oil and represent one of the most sinister further. We have been through this other petroleum products. Simply put, means for men to terrorize each other. process more than enough to know NOPEC assures that our U.S. antitrust We will send our homeland security what that means for the American con- agencies have jurisdiction and author- agencies the environmental expertise sumer. When demand is high and sup- ity to bring such cases. and personnel they need to confront plies are cut, that obviously means We don’t intend to give up the fight these threats. higher prices. That is exactly what for lower gasoline prices. Today, I want We will also send our local commu- OPEC did to us yesterday. It ripped off the members of OPEC to hear a mes- nities new help for additional drinking American consumers by raising gas sage loud and clear—we won’t quit water security protections. prices even more. fighting for American consumers. Our environment deserves no less, this is an outrage. In fact, OPEC is When OPEC wants to do business with our families deserve no less. I urge my probably the most notorious example America, it must abide by our anti- colleagues to support passage and fund- of an illegal cartel in the world today, trust laws. ing of the Environmental Enforcement even at a time when it is widely under- I ask unanimous consent that the and Security Act of 2004. stood that such conduct is counter- text of the bill be printed in the productive and ill-suited for our global RECORD. By Mr. DEWINE (for himself, Mr. economy. Supreme Court Justice There being no objection, the bill was KOHL, Mr. GRASSLEY, Mr. SCHU- Scalia in a recent case described collu- ordered to be printed in the RECORD, as MER, Mr. SPECTER, Mr. FEIN- sion among competitors as ‘‘the su- follows: GOLD, Mr. LEAHY, and Mr. COLE- preme evil of antitrust.’’ Nation after S. 2270 MAN): nation has adopted antitrust enforce- Be it enacted by the Senate and House of Rep- S. 2270. A bill to amend the Sherman ment principles that recognize the ille- resentatives of the United States of America in Act to make oil-producing and export- gality of price fixing and output re- Congress assembled, ing cartels illegal; to the Committee strictions among competitors. In 1998, SECTION 1. SHORT TITLE. on the Judiciary. the Organization for Economic Co- This Act may be cited as the ‘‘No Oil Pro- Mr. DEWINE. Mr. President, I wish to operation and Development, then com- ducing and Exporting Cartels Act of 2004 ’’ or talk this afternoon about a bill that posed of twenty-nine member nations, ‘‘NOPEC’’. my colleagues, Senator KOHL, Senator issued a formal recommendation de- SEC. 2. SHERMAN ACT. GRASSLEY, Senator FEINGOLD, Senator nouncing price fixing. OPEC’s contin- The Sherman Act (15 U.S.C. 1 et seq.) is SPECTER, Senator SCHUMER, Senator ued actions, in ongoing defiance of amended by adding after section 7 the fol- lowing: LEAHY, Senator COLEMAN, and I are in- American and international antitrust troducing, which is called the No Oil principles, should not be tolerated. ‘‘SEC. 7A. OIL PRODUCING CARTELS. Producing and Exporting Cartels Act of Until now, however, OPEC has effec- ‘‘(a) IN GENERAL.—It shall be illegal and a violation of this Act for any foreign state, or 2004. We are introducing this bill to ad- tively received special treatment under any instrumentality or agent of any foreign dress the longstanding problem of for- U.S. antitrust laws—despite the fact state, to act collectively or in combination eign governments acting in the com- that oil is a commodity that touches with any other foreign state, any instrumen- mercial arena to fix, allocate, and es- the lives of nearly every American con- tality or agent of any other foreign state, or

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3570 CONGRESSIONAL RECORD — SENATE April 1, 2004 any other person, whether by cartel or any goods. Higher oil prices mean higher American consumers. A few years ago, other association or form of cooperation or heating oil and electricity costs. Any- for example, the Justice Department joint action— one who has gone through a Midwest secured record fines totaling $725 mil- ‘‘(1) to limit the production or distribution winter or a deep South summer can tell lion against German and Swiss compa- of oil, natural gas, or any other petroleum product; you about the tremendous personal nies engaged in a price fixing con- ‘‘(2) to set or maintain the price of oil, nat- costs associated with higher home spiracy to raise and fix the price of vi- ural gas, or any petroleum product; or heating or cooling bills. tamins sold in the United States and ‘‘(3) to otherwise take any action in re- We have all heard many explanations elsewhere. Their behavior harmed con- straint of trade for oil, natural gas, or any offered for rising energy prices. Some sumers by raising the prices consumers petroleum product; say that the oil companies are gouging paid for vitamins every day and plainly when such action, combination, or collective consumers. Some blame disruptions in needed to be addressed. As this and action has a direct, substantial, and reason- supply. Others point to the EPA re- other cases show, the mere fact that ably foreseeable effect on the market, sup- quirement mandating use of a new and the conspirators are foreign nations is ply, price, or distribution of oil, natural gas, more expensive type of ‘‘reformulated’’ no basis to shield them from violating or other petroleum product in the United States. gas in the Midwest or other ‘‘boutique’’ these most basic standards of fair eco- ‘‘(b) SOVEREIGN IMMUNITY.—A foreign state fuels around the country. Some even nomic behavior. engaged in conduct in violation of subsection claim that refiners and distributors Even under current law, there is no (a) shall not be immune under the doctrine have illegally fixed prices. On this doubt that the actions of the inter- of sovereign immunity from the jurisdiction issue, Senator DEWINE and I have national oil cartel would be in gross or judgments of the courts of the United asked the Federal Trade Commission violation of antitrust law if engaged in States in any action brought to enforce this to investigate these allegations. As a by private companies. If OPEC were a section. result of our inquiries, the FTC has put group of international private compa- ‘‘(c) INAPPLICABILITY OF ACT OF STATE DOC- a task force in place to find out if those TRINE.—No court of the United States shall nies rather than foreign governments, decline, based on the act of state doctrine, to allegations were true. While we con- their actions would be nothing more make a determination on the merits in an tinue to urge the FTC to be vigilant, than an illegal price fixing scheme. But action brought under this section. the FTC has to date found no evidence OPEC members have used the shield of ‘‘(d) ENFORCEMENT.—The Attorney General of illegal domestic price fixing as a ‘‘sovereign immunity’’ to escape ac- of the United States and the Federal Trade cause of higher gas prices. countability for their price-fixing. The Commission may bring an action to enforce But one cause of these escalating Foreign Sovereign Immunities Act, this section in any district court of the prices is indisputable: the price fixing though, already recognizes that the United States as provided under the anti- conspiracy of the OPEC nations. For trust laws.’’. ‘‘commercial’’ activity of nations is years, this conspiracy has unfairly SEC. 3. SOVEREIGN IMMUNITY. not protected by sovereign immunity. driven up the cost of imported crude oil Section 1605(a) of title 28, United States And it is hard to imagine an activity Code, is amended— to satisfy the greed of the oil export- that is more obviously commercial (1) in paragraph (6), by striking ‘‘or’’ after ers. We have long decried OPEC, but, than selling oil for profit, as the OPEC the semicolon; sadly, no one in government has yet nations do. Our legislation will correct (2) in paragraph (7), by striking the period tried to take any action. NOPEC will, one erroneous twenty-year-old lower and inserting ‘‘; or’’; and for the first time, establish clearly and federal court decision and establish (3) by adding at the end the following: plainly that when a group of competing that sovereign immunity doctrine will ‘‘(8) in which the action is brought under oil producers like the OPEC nations section 7A of the Sherman Act.’’. not divest a U.S. court from jurisdic- act together to restrict supply or set tion to hear a lawsuit alleging that Mr. KOHL. Mr. President, in recent prices, they are violating U.S. law. It members of the oil cartel are violating weeks, consumers all across the Nation will authorize the Attorney General or antitrust law. have watched gas prices rise, seemingly FTC to file suit under the antitrust In the last few weeks, I have grown without any end in sight. On March 24, laws for redress. Our bill will also more certain than ever that this legis- U.S. gasoline prices reached a record make plain that the nations of OPEC lation is necessary. Between OPEC’s high average of $ 1.74 a gallon. And, if cannot hide behind the doctrines of decision yesterday to cut oil produc- consumers weren’t paying enough al- ‘‘Sovereign Immunity’’ or ‘‘Act of tion and the FTC’s conclusion for the ready, just yesterday the OPEC nations State’’ to escape the reach of American last several years that there is no ille- decided to cut production by a million justice. gal conduct by domestic companies re- barrels a day, an action sure to drive The most fundamental principle of a sponsible for rising gas prices, I am prices even higher. Such blatantly free market is that competitors cannot convinced that we need to take action, anti-competitive action by the oil car- be permitted to conspire to limit sup- and take action now, before the dam- tel violates the most basic principles of ply or fix price. There can be no free age spreads too far. fair competition and free markets and market without this foundation. And For these reasons, I urge that my should not be tolerated. It is for this we should not permit any nation to colleagues support this bill so that our reason that I rise today, with my col- flout this fundamental principle. nation will finally have an effective leagues Senators DEWINE, SPECTER, Some critics of this legislation have means to combat this selfish con- LEAHY, FEINGOLD, SCHUMER, COLEMAN argued that suing OPEC will not work spiracy of oil-rich nations. and GRASSLEY, to reintroduce the ‘‘No or that threatening suit will hurt more Oil Producing and Exporting Cartels than help. I disagree. Our NOPEC legis- By Mr. DURBIN (for himself, Mr. Act’’ ( ‘‘NOPEC″). This legislation is lation will, for the first time, enable LAUTENBERG, Mr. CORZINE, Mrs. identical to our NOPEC bill introduced our authorities to take legal action to FEINSTEIN, Mr. KENNEDY, and in the last two Congresses, a bill which combat the illegitimate price-fixing Mrs. BOXER): passed the Judiciary Committee unani- conspiracy of the oil cartel. It will, at S. 2271. A bill to establish national mously in 2000. a minimum, have a real deterrent ef- standards for discharges from cruise Real people suffer real consequences fect on nations that seek to join forces vessels into the waters of the United every day in our nation because of to fix oil prices to the detriment of States, and for other purposes; to the OPEC’s actions. Rising gas prices are a consumers. This legislation will be the Committee on Commerce, Science, and silent tax that takes hard-earned first real weapon the U.S. government Transportation. money away from Americans every has ever had to deter OPEC from its Mr. DURBIN. Mr. President, today I time they visit the gas pump. Higher seemingly endless cycle of price in- am introducing the Clean Cruise Ship oil prices drive up the cost of transpor- creases. Act of 2004. I am proud to be joined by tation, harming thousands of compa- There is nothing remarkable about Senators LAUTENBERG, CORZINE, FEIN- nies throughout the economy from applying U.S. antitrust law overseas. STEIN, KENNEDY and BOXER in offering trucking to aviation. And those costs Our government has not hesitated to this legislation. I also am honored to are passed on to consumers in the form do so when faced with clear evidence of be working with Congressman FARR, of higher prices for manufactured anti-competitive conduct that harms who is leading companion legislation

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3571 in the House and is a co-chair of the exist when the Clean Water Act and tration’s budget as recommended by House Oceans Caucus. other environmental laws were written the Centers for Disease Control and America’s oceans span nearly 4.5 mil- in the 1970s. Therefore, our laws re- Prevention, or CDC. lion square miles, an area 23 percent garding cruise ships are grossly inad- First, the legislation expands access larger than the nation’s land area. equate. to the Vaccines for Children, or VFC, They are a resource for travel, com- My colleagues may be shocked to program for children whose private merce, recreation and the global eco- learn that it is legal to dump raw sew- health insurance does not cover immu- system. They comprise 70 percent of age 3 miles from shore; and it is legal nizations by allowing children to re- our planet. to dump sewage within 3 miles so long ceive their VFC vaccines at State and We cannot continue to take this vast as it is run through a machine, which local public health clinics. Currently, resource for granted. The Pew Commis- complies with a standard that is over underinsured children must go to spe- sion found in June 2003 that our oceans 20 years old and which is never rigor- cially designated Federal Qualified are in crisis. The report cites five pri- ously tested once installed. Also it is Health Centers or rural health centers orities: implementing a sustainable na- legal to dump gray water—which can to receive VFC vaccines. Consequently, tional ocean policy; coordinating the contain harmful toxins and nutrients— our bill expands the number of access governance of ocean resources; reori- anywhere in the ocean. Only Alaskan points at which children can get the enting our fisheries policy to empha- waters are protected by strong federal vaccines they need. size sustainability; protecting ocean legislation enacted in 2000 that regu- According to the CDC, there are ap- habitat and managing coastal develop- lates sewage and graywater. proximately 3,000 Federally Qualified ment; and controlling the sources of The legislation I am introducing Health Centers enrolled in VFC, com- pollution threatening our marine eco- today,the Clean Cruise Ship Act of pared with approximately 7,000 health systems. Today I want to concentrate 2004, would draw from key provisions of department clinics. As the CDC notes, on the fifth priority: controlling pollu- the federal law in place in Alaska and ‘‘Increasing access points for VFC eli- tion. the Clean Water Act. This bill would: gible underinsured children will allow With growing amounts of pollution first, create a no discharge zone that those who may have been previously caused by human activity, we are sig- would prevent dumping of sewage, denied immunizations at public health nificantly degrading the marine envi- graywater and oily bilge water within clinics to be vaccinated with the full ronment. According to the EPA, pollu- 12 miles of shore—to protect our coasts series of routinely administered vac- tion has rendered 44 percent of tested and estuaries; second, apply the cur- cines.’’ Second, the bill seeks to restore the estuaries and 12 percent of ocean shore- rent Alaskan standards to sewage and tetanus and diphtheria vaccines to the line miles unfit for swimming, fishing graywater discharges outside of 12 VFC program by lifting the 1993 price or supporting aquatic life. The Coast miles from shore; third, allow the caps that were in use prior to enact- Guard estimates that marine debris is Coast Guard and EPA to jointly issue ment of the VFC program. The price responsible for the deaths of more than discharge requirements based on the 1 million birds and 100,000 marine mam- caps are so low that, for example, the best available technology, with the tetanus booster vaccine was unfortu- mals each year. About 90 percent of goal of zero pollutants by 2015; and fi- Florida’s coral reefs are believed to be nately dropped from VFC coverage nally, strengthen enforcement. when no vaccine manufacturer would dead or dying. Studies show that the Alaskan stand- bid on the contract at the 1993-imposed We have taken some actions to pro- ards, which our bills applies to the rest tect our oceans, but we still have a price cap levels. of the country, can be achieved. Indeed, CDC estimates that over 200,000 addi- long way to go. We need to improve en- ships that have been upgraded to treat tional children would be served forcement of our existing environ- sewage and graywater with modern through VFC with these two changes. mental protection laws, but we also technology are easily meeting or ex- And finally, the bill includes new au- need to update them to accommodate ceeding standards for such constituents thorizing language to allow the CDC to for the changing times. as fecal coliform and chlorine. sell the VFC purchased stockpile vac- Specifically, we need to address pol- Not only is this bill technologically cines to its grantees or back to manu- lution from passenger cruise ships. The feasible: it is affordable. The cost to facturers for use in the private sector cruise line industry has grown signifi- upgrade each ship will be more than $3 in the event that the stockpiled vac- cantly over the past 34 years. In 1970, million. To put this into context, Car- cines are needed by non VFC-eligible cruise ships carried 500,000 passengers nival Cruise Lines just spent $800 mil- children. in the United States. In 2002, the cruise lion to build the new Queen Mary 2, Immunizations are critical to both line industry carried 6.5 million pas- and earned $6.7 billion in revenues last children’s health and the public health sengers in about 150 ships in the United year., care system. The VFC program began States, and that number has continued The Clean Cruise Ship Act of 2004 is on October 1, 1994, to improve vaccine to grow. a reasonable approach to an urgent availability to children nationwide by In addition to a tremendous increase problem. I urge my colleagues to sup- providing vaccines free-of-charge to in the number of passengers, cruise port this important legislation. Medicaid-eligible, uninsured, under- ships themselves have grown. Today insured, American Indian, or Alaska the average cruise vessel accommo- By Mr. BINGAMAN (for himself Native children through both public dates 3,100 passengers and crew. Car- and Mr. SMITH): and private providers. The VFC pro- nival recently built the largest pas- S. 2272. A bill to amend title XIX of gram automatically covers vaccines senger ship in the world, the Queen the Social Security Act to expand the recommended by the Advisory Com- Mary 2: it’s 1,132 feet long, which is pediatric vaccine distribution program mittee on Immunization Practices, or more than twice as long as the Wash- to include coverage for children admin- ACIP, and approved by the CDC. ington Monument is tall; it is 236 feet istered a vaccine at a public health VFC has had an enormous impact on high, about the height of a 23-story clinic or Indian clinic, and for other improving the immunization rates building; and it weights about 151,400 purposes; to the Committee on Fi- among our Nation’s children. Accord- long tons, the rough equivalent of 390 nance. ing to the Children’s Defense Fund, fully loaded 747 jets. Mr. BINGAMAN. Mr. President, in ‘‘Between 1993 and 1999, there was near- According to the EPA, a typical 3,000 conjunction with Senator SMITH, I am ly a 20 percent increase in the number passenger cruise ship each week gen- introducing the ‘‘Children’s Vaccine of fully immunized two year-olds.’’ erates 210,000 gallons of sewage; 1 mil- Access Act of 2004.’’ This legislation However, the goal of achieving a 90 lion gallons of gray water, including makes three changes to the Vaccines percent immunization coverage rate, runoff from baths, laundry machines for Children program with the intent of with the complete series of rec- and dishwashers; and 37,000 gallons of expanding access and the delivery of ommended vaccines, has still not been oily bilge water. Ships of the size of vaccines to our Nation’s children. This achieved. According to the National cruise vessels today, which generate legislation is supported by the Admin- Immunization Survey (NIS), the na- the amount of waste of today, did not istration and included in the Adminis- tionwide vaccination coverage levels

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3572 CONGRESSIONAL RECORD — SENATE April 1, 2004 among children 19–35 months of age for appropriate. Proceeds received from such security legislation but unfortunately the 4:3:1:3:3 series of childhood immuni- sales shall be available to the Secretary only that proposal was not adopted by the zations was 74.8 percent in 2002. Unfor- for the purpose of procuring pediatric vac- full Senate. The Commerce Committee tunately, the immunization rate in cines stockpiles under this section and shall will meet in the coming weeks to con- remain available until expended.’’. New Mexico was just 64.6 percent in sider this legislation and it is my hope SEC. 5. EFFECTIVE DATE. 2002 and second worst in the Nation to The amendments made by this Act take ef- that the proposal will be acted upon only Colorado. To address that prob- fect on October 1, 2004. quickly by the full Senate. lem, in December 2001, I requested the I ask unanimous consent that the CDC to work with the State of New By Mr. MCCAIN (for himself, Mr. text of the bill be printed in the Mexico on improving its immunization HOLLINGS, Ms. SNOWE, Mr. KEN- RECORD. rate and a number of positive develop- NEDY, Mrs. CLINTON, Mr. ROCKE- There being no objection, the bill was ments have taken place, including the FELLER, Mr. BIDEN, Mr. CARPER, ordered to be printed in the RECORD, as creation of an Immunization Task and Mr. LAUTENBERG): follows: Force at the state level and the pas- S. 2273. A bill to provide increased S. 2273 sage of legislation to create an immu- rail transportation security; to the Be it enacted by the Senate and House of Rep- nization registry by the New Mexico Committee on Commerce, Science, and resentatives of the United States of America in Legislature this past month. Transportation. Congress assembled, It is my belief that the strides the Mr. MCCAIN. Mr. President, I am SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Nation and New Mexico continue to joined by Senator HOLLINGS and other (a) SHORT TITLE.—This Act may be cited as make to further improve the childhood members of the Senate Commerce the ‘‘Rail Security Act of 2004’’. immunization rate is assisted by this Committee in introducing the Rail Se- (b) TABLE OF CONTENTS.—The table of con- legislation. I would like to thank the curity Act of 2004. tents for this Act is as follows: CDC for their fine work on the VFC The recent attacks on Madrid’s com- Sec. 1. Short title; table of contents. Sec. 2. Rail transportation security risk as- program and their assistance with this muter rail system demonstrated all too vividly that our own transit system, sessment. legislation and in its assistance di- Sec. 3. Rail security. rectly to the State of New Mexico. I Amtrak, and the freight railroads Sec. 4. Study of foreign rail transport secu- would also like to thank Senator SMITH could be vulnerable to terrorist attack. rity programs. for his dedication and support for this Only modest resources have been dedi- Sec. 5. Passenger, baggage, and cargo initiative to improve the health of our cated to rail security since the Sep- screening. Nation’s children. tember 11, 2001 terrorist attacks on the Sec. 6. Certain personnel limitations not to I ask unanimous consent that the United States, and efforts to address apply. rail security remain fragmented. The Sec. 7. Fire and life safety improvements. text of the bill be printed in the Sec. 8. Transportation security. RECORD. Department of Homeland Security Sec. 9. Amtrak plan to assist families of pas- There being no objection, the bill was (DHS) has not completed a vulner- sengers involved in rail pas- ordered to be printed in the RECORD, as ability assessment for the rail system, senger accidents. follows: nor is there an integrated security plan Sec. 10. System-wide Amtrak security up- S. 2272 that reflects the unique characteristics grades. of passenger and freight rail oper- Sec. 11. Freight and passenger rail security Be it enacted by the Senate and House of Rep- upgrades. resentatives of the United States of America in ations. The legislation we are introducing Sec. 12. Department of Transportation over- Congress assembled, sight. SECTION 1. SHORT TITLE. today would authorize resources to en- Sec. 13. Rail security research and develop- This Act may be cited as the ‘‘Children’s sure rail transportation security re- ment. Vaccine Access Act of 2004’’. ceives a high priority in our efforts to Sec. 14. Welded rail and tank car safety im- SEC. 2. EXPANSION OF DEFINITION OF FEDER- secure our country from terrorism. The provements. ALLY VACCINE-ELIGIBLE CHILD. legislation directs DHS to complete a Sec. 15. Northern Border rail passenger re- (a) IN GENERAL.—Section vulnerability assessment for the rail port. 1928(b)(2)(A)(iii)(I) of the Social Security Act system and make recommendations for SEC. 2. RAIL TRANSPORTATION SECURITY RISK (42 U.S.C. 1396s(b)(2)(A)(iii)(I)) is amended by addressing security weaknesses within ASSESSMENT. striking ‘‘or a rural health clinic (as defined 180 days of enactment. It also author- (a) IN GENERAL.— in section 1905(l)(1))’’ and inserting ‘‘, a rural (1) VULNERABILITY ASSESSMENT.—The health clinic (as defined in section 1905(l)(1)), izes funding to address long-standing Under Secretary of Homeland Security for or a State or local public health clinic’’. fire and life safety needs for several Border and Transportation Security, in con- (b) CONFORMING AMENDMENT.—Section tunnels along the Northeast Corridor, sultation with the Secretary of Transpor- 1928(h)(3) of the Social Security Act (42 and authorizes appropriations to meet tation, shall complete a vulnerability assess- U.S.C. 1396s(h)(3)) is amended by striking immediate security needs for intercity ment of freight and passenger rail transpor- ‘‘and ‘tribal organization’ ’’ and inserting ‘‘, and freight rail transportation. Fur- tation (encompassing rail carriers, as that ‘tribal organization’, and ‘urban Indian ther, as recommended by the General term is defined in section 20102(1) of title 49, organization’ ’’. Accounting Office, the proposal re- United States Code). The assessment shall SEC. 3. REPEAL OF PRICE CAP FOR PRE-1993 VAC- include— CINES. quires DHS to sign a memorandum of (A) identification and evaluation of crit- (a) IN GENERAL.—Section 1928(d)(3)(B) of agreement with the Department of ical assets and infrastructures; the Social Security Act (42 U.S.C. Transportation to make clear each de- (B) identification of threats to those assets 1396s(d)(3)(B)) is repealed. partment’s roles and responsibilities and infrastructures; (b) CONFORMING AMENDMENT.—Section with respect to rail security. (C) identification of vulnerabilities that 1928(d)(3) of such Act (42 U.S.C. 1396s(d)(3)) is The freight railroads, individual are specific to the transportation of haz- amended by striking subparagraph (C) and commuter authorities, and Amtrak ardous materials via railroad; and inserting the following: have, on their own initiative, com- (D) identification of security weaknesses ‘‘(B) NEGOTIATION OF DISCOUNTED PRICE.— in passenger and cargo security, transpor- With respect to contracts entered into for a pleted risk assessments and taken tation infrastructure, protection systems, pediatric vaccine described in this section, steps to safeguard passengers, facili- procedural policies, communications sys- the price for the purchase of such vaccine ties, and cargo. These efforts, accom- tems, employee training, emergency re- shall be a discounted price negotiated by the plished at a very small cost to the fed- sponse planning, and any other area identi- Secretary.’’. eral government, have helped make our fied by the assessment. SEC. 4. SIMPLIFIED ADMINISTRATION OF VAC- rail system safer. The legislation intro- (2) EXISTING PRIVATE AND PUBLIC SECTOR CINE SUPPLY. duced today will augment these efforts EFFORTS.—The assessment shall take into ac- Section 1928(d)(6) of the Social Security and bring these individual initiatives count actions taken or planned by both pub- Act (42 U.S.C. 1396s(d)(6)) is amended by in- lic and private entities to address identified serting after the second sentence the fol- together in a coordinated rail security security issues and assess the effective inte- lowing: ‘‘The Secretary may sell such quan- program. gration of such actions. tities of vaccines from such supply to public More than 2 years ago, in the after- (3) RECOMMENDATIONS.—Based on the as- health departments or back to the vaccine math of the September 11th attacks, sessment conducted under paragraph (1), the manufacturer as the Secretary determines the Commerce Committee reported rail Under Secretary, in consultation with the

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3573 Secretary of Transportation, shall develop land Security for Border and Transportation are responsible for implementing the provi- prioritized recommendations for improving Security, shall review existing rail regula- sions of this Act. rail security, including any recommenda- tions of the Department of Transportation SEC. 7. FIRE AND LIFE SAFETY IMPROVEMENTS. tions the Under Secretary has for— for the purpose of identifying areas in which (a) LIFE SAFETY NEEDS.—The Secretary of (A) improving the security of rail tunnels, those regulations need to be revised to im- Transportation is authorized to make grants rail bridges, rail switching areas, other rail prove rail security. to Amtrak for the purpose of making fire infrastructure and facilities, information SEC. 4. STUDY OF FOREIGN RAIL TRANSPORT SE- and life-safety improvements to tunnels on systems, and other areas identified by the CURITY PROGRAMS. the Northeast Corridor in New York, N.Y., Under Secretary as posing significant rail- (a) REQUIREMENT FOR STUDY.—Within one Baltimore, Md., and Washington, D.C. related risks to public safety and the move- year after the date of enactment of the Rail ment of interstate commerce, taking into Security Act of 2004, the Comptroller Gen- (b) AUTHORIZATION OF APPROPRIATIONS.— account the impact that any proposed secu- eral shall complete a study of the rail pas- There are authorized to be appropriated to rity measure might have on the provision of senger transportation security programs the Secretary of Transportation for the pur- rail service; that are carried out for rail transportation poses of carrying out subsection (a) the fol- (B) deploying weapon detection equipment; systems in Japan, member nations of the Eu- lowing amounts: (C) training employees in terrorism pre- ropean Union, and other foreign countries. (1) For the 6 New York tunnels to provide ventilation, electrical, and fire safety tech- vention, passenger evacuation, and response (b) PURPOSE.—The purpose of the study activities; shall be to identify effective rail transpor- nology upgrades, emergency communication (D) conducting public outreach campaigns tation security measures that are in use in and lighting systems, and emergency access on passenger railroads; foreign rail transportation systems, includ- and egress for passengers— (E) deploying surveillance equipment; and ing innovative measures and screening pro- (A) $100,000,000 for fiscal year 2005; (F) identifying the immediate and long- cedures determined effective. (B) $100,000,000 for fiscal year 2006; (C) $100,000,000 for fiscal year 2007; term economic impact of measures that may (c) REPORT.—The Comptroller General be required to address those risks. shall submit a report on the results of the (D) $100,000,000 for fiscal year 2008; and (4) PLANS.—The report required by sub- study to the Senate Committee on Com- (E) $170,000,000 for fiscal year 2009. section (c) shall include— merce, Science, and Transportation and the (2) For the Baltimore & Potomac tunnel (A) a plan, developed in consultation with House of Representatives Committee on and the Union tunnel, together, to provide the freight and intercity passenger railroads, Transportation and Infrastructure. The re- adequate drainage, ventilation, communica- and State and local governments, for the port shall include the Comptroller General’s tion, lighting, and passenger egress up- government to provide increased security assessment regarding whether it is feasible grades— support at high or severe threat levels of to implement within the United States any (A) $10,000,000 for fiscal year 2005; alert; and of the same or similar security measures (B) $10,000,000 for fiscal year 2006; (B) a plan for coordinating rail security that are determined effective under the (C) $10,000,000 for fiscal year 2007; initiatives undertaken by the public and pri- study. (D) $10,000,000 for fiscal year 2008; and vate sectors. (E) $17,000,000 for fiscal year 2009. SEC. 5. PASSENGER, BAGGAGE, AND CARGO (3) For the Washington, D.C. Union Station (b) CONSULTATION; USE OF EXISTING RE- SCREENING. tunnels to improve ventilation, communica- SOURCES.—In carrying out the assessment re- (a) REQUIREMENT FOR STUDY AND REPORT.— tion, lighting, and passenger egress up- quired by subsection (a), the Under Sec- The Under Secretary of Homeland Security grades— retary of Homeland Security for Border and for Border and Transportation Security, in (A) $8,000,000 for fiscal year 2005; Transportation Security shall consult with cooperation with the Secretary of Transpor- (B) $8,000,000 for fiscal year 2006; rail management, rail labor, owners or les- tation, shall— (C) $8,000,000 for fiscal year 2007; sors of rail cars used to transport hazardous (1) analyze the cost and feasibility of re- (D) $8,000,000 for fiscal year 2008; and materials, shippers of hazardous materials, quiring security screening for passengers, (E) $8,000,000 for fiscal year 2009. public safety officials (including those with- baggage, and mail on passenger trains; and in other agencies and offices within the De- (2) report the results of the study, together (c) INFRASTRUCTURE UPGRADES.—There are partment of Homeland Security) and other with any recommendations that the Under authorized to be appropriated to the Sec- relevant parties. Secretary may have for implementing a rail retary of Transportation for fiscal year 2005 (c) REPORT.— security screening program to the Senate $3,000,000 for the preliminary design of op- (1) CONTENTS.—Within 180 days after the Committee on Commerce, Science, and tions for a new tunnel on a different align- date of enactment of this Act, the Under Transportation and the House of Representa- ment to augment the capacity of the exist- Secretary shall transmit to the Senate Com- tives Committee on Transportation and In- ing Baltimore tunnels. mittee on Commerce, Science, and Transpor- frastructure within 1 year after the date of (d) AVAILABILITY OF APPROPRIATED tation and the House of Representatives enactment of this Act. FUNDS.—Amounts appropriated pursuant to Committee on Transportation and Infra- (b) PILOT PROGRAM.—As part of the study this section shall remain available until ex- structure a report containing the assessment under subsection (a), the Under Secretary pended. and prioritized recommendations required by shall complete a pilot program of random se- (e) PLAN REQUIRED.—The Secretary may subsection (a) and an estimate of the cost to curity screening of passengers and baggage not make amounts available to Amtrak for implement such recommendations. at 5 passenger rail stations served by Am- obligation or expenditure under subsection (2) FORMAT.—The Under Secretary may trak selected by the Under Secretary. In con- (a)— submit the report in both classified and re- ducting the pilot program, the Under Sec- (1) until Amtrak has submitted to the Sec- dacted formats if the Under Secretary deter- retary shall— retary, and the Secretary has approved, an mines that such action is appropriate or nec- (1) test a wide range of explosives detection engineering and financial plan for such essary. technologies, devices and methods; projects; and (d) 2-YEAR UPDATES.—The Under Secretary, (2) require that intercity rail passengers (2) unless, for each project funded pursuant in consultation with the Secretary of Trans- produce government-issued photographic to this section, the Secretary has approved a portation, shall update the assessment and identification which matches the name on project management plan prepared by Am- recommendations every 2 years and transmit the passenger’s tickets prior to boarding trak addressing project budget, construction a report, which may be submitted in both trains; and schedule, recipient staff organization, docu- classified and redacted formats, to the Com- (3) attempt to achieve a distribution of ment control and record keeping, change mittees named in subsection (c)(1), con- participating train stations in terms of geo- order procedure, quality control and assur- taining the updated assessment and rec- graphic location, size, passenger volume, and ance, periodic plan updates, periodic status ommendations. whether the station is used by commuter rail reports, and such other matter the Secretary (e) AUTHORIZATION OF APPROPRIATIONS.— passengers as well as Amtrak passengers. deems appropriate; There are authorized to be appropriated to (c) AUTHORIZATION OF APPROPRIATIONS.— (f) FINANCIAL CONTRIBUTION FROM OTHER the Under Secretary of Homeland Security There are authorized to be appropriated to TUNNEL USERS.—The Secretary shall, taking for Border and Transportation Security the Under Secretary of Homeland Security into account the need for the timely comple- $5,000,000 for fiscal year 2005 for the purpose for Border and Transportation Security to tion of all life safety portions of the tunnel of carrying out this section. carry out this section $5,000,000 for fiscal projects described in subsection (a)— SEC. 3. RAIL SECURITY. year 2005. (1) consider the extent to which rail car- (a) RAIL POLICE OFFICERS.—Section 28101 of SEC. 6. CERTAIN PERSONNEL LIMITATIONS NOT riers other than Amtrak use the tunnels; title 49, United States Code, is amended by TO APPLY. (2) consider the feasibility of seeking a fi- striking ‘‘the rail carrier’’ each place it ap- Any statutory limitation on the number of nancial contribution from those other rail pears and inserting ‘‘any rail carrier’’. employees in the Transportation Security carriers toward the costs of the projects; and (b) REVIEW OF RAIL REGULATIONS.—Within Administration of the Department of Trans- (3) seek financial contributions or commit- 1 year after the date of enactment of this portation, before or after its transfer to the ments from such other rail carriers at levels Act, the Secretary of Transportation, in con- Department of Homeland Security, does not reflecting the extent of their use of the tun- sultation with the Under Secretary of Home- apply to the extent that any such employees nels.

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3574 CONGRESSIONAL RECORD — SENATE April 1, 2004 SEC. 8. TRANSPORTATION SECURITY. ‘‘(7) An assurance that Amtrak will pro- SEC. 11. FREIGHT AND PASSENGER RAIL SECU- (a) MEMORANDUM OF AGREEMENT.—Within vide adequate training to its employees and RITY UPGRADES. 60 days after the date of enactment of this agents to meet the needs of survivors and (a) SECURITY IMPROVEMENT GRANTS.—The Act, the Secretary of Transportation and the family members following an accident. Under Secretary of Homeland Security for Under Secretary of Homeland Security for ‘‘(c) USE OF INFORMATION.—The National Border and Transportation Security is au- Border and Transportation Security shall Transportation Safety Board and Amtrak thorized to make grants to freight railroads, execute a memorandum of agreement gov- may not release to any person information the Alaska Railroad, hazardous materials erning the roles and responsibilities of the on a list obtained under subsection (b)(1) but shippers, owners of rail cars used in the transportation of hazardous materials, and, Department of Transportation and the De- may provide information on the list about a through the Secretary of Transportation, to partment of Homeland Security, respec- passenger to the family of the passenger to Amtrak, for full or partial reimbursement of tively, in addressing railroad transportation the extent that the Board or Amtrak con- costs incurred in the conduct of activities to security matters, including the processes the siders appropriate. prevent or respond to acts of terrorism, sabo- departments will follow to promote commu- ‘‘(d) LIMITATION ON LIABILITY.—Amtrak tage, or other intercity passenger rail and nications, efficiency, and nonduplication of shall not be liable for damages in any action freight rail security threats, including— effort. brought in a Federal or State court arising (1) security and redundancy for critical (b) RAIL SAFETY REGULATIONS.—Section out of the performance of Amtrak in pre- communications, computer, and train con- 20103(a) of title 49, United States Code, is paring or providing a passenger list, or in trol systems essential for secure rail oper- amended by striking ‘‘safety’’ the first place providing information concerning a train ations; it appears, and inserting ‘‘safety, including reservation, pursuant to a plan submitted by (2) accommodation of cargo or passenger security,’’. Amtrak under subsection (b), unless such li- screening equipment at the United States- SEC. 9. AMTRAK PLAN TO ASSIST FAMILIES OF ability was caused by Amtrak’s conduct. Mexico border or the United States-Canada PASSENGERS INVOLVED IN RAIL ‘‘(e) LIMITATION ON STATUTORY CONSTRUC- PASSENGER ACCIDENTS. border; TION.—Nothing in this section may be con- (3) the security of hazardous material (a) IN GENERAL.—Chapter 243 of title 49, strued as limiting the actions that Amtrak transportation by rail; United States Code, is amended by adding at may take, or the obligations that Amtrak the end the following: (4) secure intercity passenger rail stations, may have, in providing assistance to the trains, and infrastructure; ‘‘§ 24316. Plans to address needs of families families of passengers involved in a rail pas- (5) structural modification or replacement of passengers involved in rail passenger ac- senger accident. of pressurized tank cars to improve their re- cidents ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— sistance to acts of terrorism; ‘‘(a) SUBMISSION OF PLAN.—Not later than 6 There are authorized to be appropriated to (6) employee security awareness, prepared- months after the date of the enactment of the Secretary of Transportation for the use ness, passenger evacuation, and emergency the Rail Security Act of 2004, Amtrak shall of Amtrak $500,000 for fiscal year 2005 to response training; submit to the Chairman of the National carry out this section. Amounts appro- (7) public security awareness campaigns for Transportation Safety Board a plan for ad- priated pursuant to this subsection shall re- passenger train operations; and dressing the needs of the families of pas- main available until expended.’’. (8) other improvements recommended by sengers involved in any rail passenger acci- (b) CONFORMING AMENDMENT.—The chapter the report required by section 2, including dent involving an Amtrak intercity train analysis for chapter 243 of title 49, United infrastructure, facilities, and equipment up- and resulting in a loss of life. States Code, is amended by adding at the end grades. ‘‘(b) CONTENTS OF PLANS.—The plan to be the following: (b) ACCOUNTABILITY.—The Under Secretary submitted by Amtrak under subsection (a) ‘‘Sec. shall adopt necessary procedures, including shall include, at a minimum, the following: ‘‘24316. Plan to assist families of passengers audits, to ensure that grants made under ‘‘(1) A process by which Amtrak will main- involved in rail passenger acci- this section are expended in accordance with tain and provide to the National Transpor- dents’’. the purposes of this Act and the priorities tation Safety Board, immediately upon re- and other criteria developed by the Under quest, a list (which is based on the best SEC. 10. SYSTEM-WIDE AMTRAK SECURITY UP- Secretary. available information at the time of the re- GRADES. (c) CONDITIONS.—The Secretary of Trans- quest) of the names of the passengers aboard (a) IN GENERAL—Subject to subsection (c), portation may not disburse funds to Amtrak the train (whether or not such names have the Under Secretary of Homeland Security under subsection (a) unless Amtrak meets been verified), and will periodically update for Border and Transportation Security is the conditions set forth in section 10(b) of the list. The plan shall include a procedure, authorized to make grants, through the Sec- this Act. with respect to unreserved trains and pas- retary of Transportation, to Amtrak— (d) TANK CAR REPLACEMENT INCENTIVE.—A sengers not holding reservations on other (1) to secure major tunnel access points grant under subsection (a)(5) may be for up trains, for Amtrak to use reasonable efforts and ensure tunnel integrity in New York, to 15 percent of the cost of the modification to ascertain the number and names of pas- Baltimore, and Washington, D.C.; or replacement of a pressurized tank car. (e) ALLOCATION BETWEEN RAILROADS AND sengers aboard a train involved in an acci- (2) to secure Amtrak trains; OTHERS.—Unless as a result of the assess- dent. (3) to secure Amtrak stations; ment required by section 2 the Under Sec- ‘‘(2) A plan for creating and publicizing a (4) to obtain a watch list identification retary of Homeland Security for Border and reliable, toll-free telephone number within 4 system approved by the Under Secretary; Transportation Security determines that hours after such an accident occurs, and for (5) to obtain train tracking and commu- critical rail transportation security needs re- providing staff, to handle calls from the fam- nications systems that are coordinated to quire reimbursement in greater amounts to ilies of the passengers. the maximum extent possible; any eligible entity, no grants under this sec- ‘‘(3) A process for notifying the families of (6) to hire additional police and security officers, including canine units; and tion may be made— the passengers, before providing any public (1) in excess of $65,000,000 to Amtrak; or notice of the names of the passengers, by (7) to expand emergency preparedness ef- forts. (2) in excess of $100,000,000 for the purposes suitably trained individuals. described in paragraphs (3) and (4) of sub- (b) CONDITIONS.—The Secretary of Trans- ‘‘(4) A process for providing the notice de- section (a). portation may not disburse funds to Amtrak scribed in paragraph (2) to the family of a (f) PROCEDURES FOR GRANT AWARD.—The passenger as soon as Amtrak has verified under subsection (a) unless the projects are Under Secretary shall prescribe procedures that the passenger was aboard the train contained in a systemwide security plan ap- and schedules for the awarding of grants (whether or not the names of all of the pas- proved by the Under Secretary, in consulta- under this title, including application and sengers have been verified). tion with the Secretary of Transportation, qualification procedures (including a re- ‘‘(5) A process by which the family of each and meet the requirements of section 7(e)(2). quirement that the applicant have a security passenger will be consulted about the dis- (c) EQUITABLE GEOGRAPHIC ALLOCATION.— plan), and a record of decision on applicant position of all remains and personal effects The Secretary shall ensure that, subject to eligibility. The procedures shall include the of the passenger within Amtrak’s control; meeting the highest security needs on Am- execution of a grant agreement between the that any possession of the passenger within trak’s entire system, stations and facilities grant recipient and the Under Secretary. The Amtrak’s control will be returned to the located outside of the Northeast Corridor re- Under Secretary shall issue a final rule es- family unless the possession is needed for the ceive an equitable share of the security funds tablishing the procedures not later than 90 accident investigation or any criminal inves- authorized by this section. days after the date of enactment of this Act. tigation; and that any unclaimed possession (d) AVAILABILITY OF FUNDS.—There are au- (g) AUTHORIZATION OF APPROPRIATIONS.— of a passenger within Amtrak’s control will thorized to be appropriated to the Under Sec- There are authorized to be appropriated to be retained by the rail passenger carrier for retary of Homeland Security for Border and the Under Secretary of Homeland Security at least 18 months. Transportation Security $62,500,000 for fiscal for Border and Transportation Security ‘‘(6) A process by which the treatment of year 2005 for the purposes of carrying out $250,000,000 for fiscal year 2005 to carry out the families of nonrevenue passengers will be this section. Amounts appropriated pursuant the purposes of this section. Amounts appro- the same as the treatment of the families of to this subsection shall remain available priated pursuant to this subsection shall re- revenue passengers. until expended. main available until expended.

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3575 SEC. 12. DEPARTMENT OF TRANSPORTATION its program filed with the Administration) screened passenger lists for rail passengers OVERSIGHT. that improve the identification of cracks in travelling between the United States and (a) SECRETARIAL OVERSIGHT.—The Sec- rail joint bars; Canada to the Department of Homeland Se- retary of Transportation may use up to 0.5 (2) instruct Administration track inspec- curity; percent of amounts made available to Am- tors to obtain copies of the most recent con- (6) a description of the position of the Gov- trak for capital projects under the Rail Secu- tinuous welded rail programs of each rail- ernment of Canada and relevant Canadian rity Act of 2004 to enter into contracts for road within the inspectors’ areas of responsi- agencies with respect to preclearance of such the review of proposed capital projects and bility and require that inspectors use those passengers; and related program management plans and to programs when conducting track inspec- (7) a draft of any changes in existing Fed- oversee construction of such projects. tions; and eral law necessary to provide for pre-screen- (b) USE OF FUNDS.—The Secretary may use (3) establish a program to periodically re- ing of such passengers and providing pre- amounts available under subsection (a) of view continuous welded rail joint bar inspec- screened passenger lists to the Department this subsection to make contracts for safety, tion data from railroads and Administration procurement, management, and financial of Homeland Security. track inspectors and, whenever the Adminis- compliance reviews and audits of a recipient of amounts under subsection (a). tration determines that it is necessary or ap- By Ms. LANDRIEU: propriate, require railroads to increase the SEC. 13. RAIL SECURITY RESEARCH AND DEVEL- S. 2274. A bill to expand and improve OPMENT. frequency or improve the methods of inspec- retired pay, burial, education, and tion of joint bars in continuous welded rail. (a) ESTABLISHMENT OF RESEARCH AND DE- other mobilization benefits for mem- (b) TANK CAR STANDARDS.—The Federal VELOPMENT PROGRAM.—The Under Secretary bers of the National Guard and Re- of Homeland Security for Border and Trans- Railroad Administration shall— (1) within 1 year after the date of enact- serves who are called or ordered to ac- portation Security, in conjunction with the tive duty, and for other purposes; to Secretary of Transportation, shall carry out ment of this Act, validate the predictive a research and development program for the model it is developing to quantify the max- the Committee on Finance. purpose of improving freight and intercity imum dynamic forces acting on railroad Ms. LANDRIEU. Mr. President, I rise passenger rail security, including research tank cars under accident conditions; and to introduce and send to the desk the and development projects to— (2) within 18 months after the date of en- 21st Century Citizen Soldier Benefits (1) reduce the vulnerability of passenger actment of this Act, initiate a rulemaking to Act which I introduce on behalf of my- trains, stations, and equipment to explo- develop and implement appropriate design self. sives; standards for pressurized tank cars. I thought I would take a moment (2) test new emergency response techniques (c) OLDER TANK CAR IMPACT RESISTANCE ANALYSIS AND REPORT.—Within 2 years after this afternoon to outline the frame- and technologies; work and the context of this bill be- (3) develop improved freight technologies, the date of enactment of this Act, the Fed- eral Railroad Administration, in coordina- including— cause it has to do with our Armed tion with the National Transportation Safe- (A) technologies for sealing rail cars; Forces. It has to do with a very impor- ty Board, shall— (B) automatic inspection of rail cars; tant component of our Armed Forces, (1) conduct a comprehensive analysis to de- (C) communication-based train controls; which is our Guard and Reserve units, termine the impact resistance of the steels and part of our total force, a very impor- in the shells of pressure tank cars con- (D) emergency response training; structed before 1989; and tant part of that total force as I hope (4) test wayside detectors that can detect (2) transmit a report to the Senate Com- to outline. tampering with railroad equipment; and mittee on Commerce, Science, and Transpor- This is an attempt to put before the (5) support enhanced security for the trans- tation and the House of Representatives Senate and the Congress a comprehen- portation of hazardous materials by rail, in- Committee on Transportation and Infra- cluding— sive bill—one that I find and I know structure with recommendations for meas- (A) technologies to detect a breach in a people in Louisiana across party lines ures to eliminate or mitigate the risk of cat- tank car and transmit information about the and in very energetic and enthusiastic astrophic failure. integrity of tank cars to the train crew; ways support because the need is so (B) research to improve tank car integrity, SEC. 15. NORTHERN BORDER RAIL PASSENGER REPORT. great—to support our men and women with a focus on tank cars that carry toxic- Within 180 days after the date of enact- in uniform, particularly our Guard and inhalation chemicals; and ment of this Act, the Under Secretary of Reserve components. (C) techniques to transfer hazardous mate- Homeland Security for Border and Transpor- If the war on terror is teaching us rials from rail cars that are damaged or oth- tation Security, in consultation with the anything—and we are learning some erwise represent an unreasonable risk to heads of other appropriate Federal depart- human life or public safety. tough lessons each and every day as we ments and agencies and the National Rail- move forward through this war—we all (b) COORDINATION WITH OTHER RESEARCH road Passenger Corporation, shall transmit a INITIATIVES.—The Under Secretary of Home- report to the Senate Committee on Com- know we cannot defend this Nation land Security for Border and Transportation merce, Science, and Transportation and the adequately without the strength pro- Security shall ensure that the research and House of Representatives Committee on vided by our National Guard and Re- development program authorized by this sec- Transportation and Infrastructure that con- serves. tion is coordinated with other research and tains— Since 9/11 when this country was at- development initiatives at the Department (1) a description of the current system for tacked, the first time in this large and the Department of Transportation. screening passengers and baggage on pas- (c) ACCOUNTABILITY.—The Under Secretary measure since the attack on Pearl Har- senger rail service between the United States of Homeland Security for Border and Trans- bor many years ago, over 355,000 portation Security shall carry out any re- and Canada; (2) an assessment of the current program guardsmen and reservists have been search and development project authorized mobilized. by this section through a reimbursable to provide preclearance of airline passengers between the United States and Canada as To give a grasp of that number, our agreement with the Secretary of Transpor- Navy today, arguably the most power- tation if the Secretary of Transportation— outlined in ‘‘The Agreement on Air Trans- (1) is already sponsoring a research and de- port Preclearance between the Government ful in the world, has 375,000 sailors. So velopment project in a similar area; or of Canada and the Government of the United in 21⁄2 years, we have called up almost (2) has a unique facility or capability the States of America’’, dated January 18, 2001; enough guardsmen and reservists to would be useful in carrying out the project. (3) an assessment of the current program man every ship in the United States (d) AUTHORIZATION OF APPROPRIATIONS.— to provide preclearance of freight railroad Navy. That is a lot of manpower and a traffic between the United States and Can- There are authorized to appropriated to the lot of womanpower, and they deserve Under Secretary of Homeland Security for ada as outlined in the ‘‘Declaration of Prin- Border and Transportation Security ciple for the Improved Security of Rail Ship- our very best effort. They are not just $50,000,000 in each of fiscal years 2005 and 2006 ments by Canadian National Railway and backfilling for Active Forces. They are to carry out the purposes of this section. Canadian Pacific Railway from Canada to serving on the front lines, as we have Amounts appropriated pursuant to this sub- the United States’’, dated April 2, 2003; seen today how brutal those front lines section shall remain available until ex- (4) information on progress by the Depart- can be. They are being wounded and pended. ment of Homeland Security and other Fed- killed just like our Active Forces. In SEC. 14. WELDED RAIL AND TANK CAR SAFETY eral agencies towards finalizing a bilateral fact, 97 of the 600 deaths in Iraq have protocol with Canada that would provide for IMPROVEMENTS. been Guard and Reserve deaths. (a) TRACK STANDARDS.—Within 90 days preclearance of passengers on trains oper- after the date of enactment of this Act, the ating between the United States and Canada; Today 176,000 citizen soldiers wear Federal Railroad Administration shall— (5) a description of legislative, regulatory, the uniform full time, and that num- (1) require each railroad using continuous budgetary, or policy barriers within the ber, as I will show, is growing exponen- welded rail track to include procedures (in United States Government to providing pre- tially. By May 1, 40 percent of the

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3576 CONGRESSIONAL RECORD — SENATE April 1, 2004 troops in Iraq will be members of the be told to get ready because you are ly described the force he took over in May National Guard and Reserve. These are leaving in another few months, get 2002 as being dominated by bureaucrats who men and women who have full-time ready to ship out again. often ignored soldiers’ needs. jobs, who are coaches, small business We have a retention and recruiting In a recent memo, Helmly said, he told his subordinates that he was ‘‘really tired of owners, policemen, firemen, State crisis looming on the horizon. I would going to see our reserve soldiers [and find- workers, and waiters and waitresses in like to show the number of troops, re- ing] they’re short such simple things as gog- our restaurants. They hold many jobs, servists, who have been called up from gles. It’s about damn time you listen to your but they are then called up. They take 1953 through 1989, through the Berlin lawyers less and your conscience more. That off their daily dress clothes and put on crisis of 1961, through the Cuban mis- will probably get me in trouble. But I told the uniform and go to the front lines to sile crisis, and the , we them, I want this stuff fixed.’’ protect us. called up a total of 199,877, about Reservists in Iraq have long complained In Louisiana, and I know this is true 200,000, through all of this, three times about having to spend a year there with in- adequate equipment, including a lack of in Texas, thousands of men and women in 40 years. Since 1990, in the last 14 body armor. have been called up. years, we have called up 634,984—the Most reservists went to Iraq last year on We have 3,051 reservists on active Persian Gulf war, the intervention in year-long mobilizations, with a belief that duty right now. Over 6,000 Louisiana Haiti, Bosnian peacekeeping, Operation they would be required to spend only 6 reservists have been activated since Southern Watch, the Kosovo conflict, months in the country. But they were 9/11. For many, their activation periods now our ongoing war on terrorism, abruptly informed in September that they have unfortunately lasted, because of which has many fronts, primarily in would have to spend 12 months in Iraq, push- the demand on our troops, sometimes Afghanistan and in Iraq. That is un- ing the total length of many reservists’ mo- in excess of 18 months to 24 months. bilizations to 16 months or longer. precedented in terms of our recent his- Analysts inside and outside the military The 528th Engineering Battalion from tory. say these long overseas mobilizations could Monroe, LA, recently deployed to Af- The question to us should be: Are we have the effect of driving reservists out of ghanistan, 500 Louisianans on their doing what we should as we are in- the military in droves once they begin re- way serving already. Marine Reserve creasing our military budget substan- turning from Iraq over the next several Company B of Bossier City, 150 Marines tially? I, for one, have supported each months. After that, the service will lift the have just been put on alert for mobili- and every increase and almost argued ‘‘stop-loss’’ provisions that prohibit soldiers zation. Company B has already been in many instances for more money from quitting the reserve when their hitches mobilized before. going to our military. What portion of are up. Helmly said he has not been surprised by Last month, the Department of De- that increase is going to the Guard and such criticism. ‘‘The [Iraq] mobilization was fense put another 18,000 National Reserve to make sure their pensions so fraught with friction that it really put a Guardsmen on alert status, including are intact, that when they retire their bad taste in a lot of people’s mouths,’’ he 3,800 members from Louisiana’s 256th compensation is fair, that their fami- said. ‘‘We had about 10,000 who had less than Separate Infantry Brigade. I will be lies are cared for at least at a decent 5 days’ notice that they were going to be mo- visiting their leaders on Monday, in and adequate level while they serve us bilized. Then we had about 8,000 who were Lafayette, LA, and be visiting with so magnificently and so beautifully? So mobilized, got trained up, and never de- their families to talk about the separa- we can see we are calling more and ployed.’’ ‘‘No sooner do the statues of Saddam Hus- tion that is going to occur and how we more on our Guard and Reserve. sein start tumbling down, then the guidance are doing as a nation, as a State, and I ask unanimous consent to have was, start planning to demobilize every- as a community, to help them through printed in the RECORD an excellent ar- body,’’ Helmly said, only to find in July that this difficult time as they help, pro- ticle that appeared in the Washington a growing insurgency required remobilizing tect, and give us their very best in this Post in January of this year by Mr. 4,000 to 5,000 of the 8,000 that were initially war effort. Vernon Loeb, a very excellent staff mobilized but never deployed. The National Guard and Reserve, as I writer. ‘‘One lesson I have certainly learned . . . it said, make up now 45 percent of our There being no objection, the mate- is imperative that we communicate with our forces. We simply cannot fight without rial was ordered to be printed in the soldiers and their families in advance, and that we not set false expectations,’’ Helmly them. Yet as I am going to explain, the RECORD, as follows: said. benefits, their pensions, their com- [From the Washington Post, Jan. 21, 2004] To that end, Helmly said, a ‘‘major order pensation, their GI benefits, their re- ARMY RESERVE CHIEF FEARS RETENTION culture change’’ is taking place in the re- tirement benefits, and even their burial CRISIS serve so that reservists know, upon joining, benefits do not match with their level (By Vernon Loeb) that they will be called up to active duty for of service and do not match with the The head of the Army Reserve said yester- between 9 and 12 months every 4 to 5 years. contribution they are, in fact, making. day that the 205,000-soldier force must guard As part of that change, he said, the current I understand why because when the against a potential crisis in its ability to re- total of 2,091 reserve units will be reduced significantly so that every unit—typically a framework for the Guard and Reserves tain troops, saying serious problems are being ‘‘masked’’ temporarily because reserv- support company of about 150 soldiers—is was initially put together, they were manned, equipped and ready to go to war, if thought of as sort of a backup, as a ists are barred from leaving the military while their units are mobilized in Iraq. necessary. filler. Lt. Gen. James R. Helmly said his staff is Currently, 226,000 soldiers would be nec- They do other things as well other working on an overhaul of the reserve aimed essary to man all those units. But the Army than, of course, fighting wars. They in part at treating soldiers better and being Reserve is only authorized by Congress to help our States mobilize at times of na- more honest with them about how long have 205,000 soldiers, Helmly said, and at any tional and natural disasters. So I am they’re likely to be deployed. Helmly said given time, only between 160,000 and 175,000 clear, as are many of us, about why ini- the reserve force bureaucracy bungled the of them are available for mobilization. ‘‘We will in fact inactivate units beginning tially, as the Guard and Reserve was mobilization of soldiers for the war in Iraq, and gave them a ‘‘pipe dream’’ instead of next year specifically to harvest the created and the framework developed, strength so we can man fully our remaining those rules and regulations were put honest information about how long they might have to remain there. units,’’ Helmly said, adding that mainte- into place back in the 1940s, in the ‘‘This is the first extended-duration war nance and ‘‘water support’’ units will be re- 1960s, and in the 1970s. our Nation has fought with an all-volunteer duced in favor of more military police, civil In 2004, the times are different. The force,’’ said Helmly. ‘‘We must be sensitive affairs and heavy truck transport detach- demands are great and they are meet- to that. And we must apply proactive, pre- ments. ing this challenge. As a Congress we ventive measures to prevent a recruiting-re- ‘‘I’m often asked by families, how do you know you’ll be able to recruit for this need to meet them more than halfway. tention crisis.’’ Helmly said his staff is engaged in an over- force?’’ Helmly said. ‘‘There are no knowns; Nearly 35,000 have been mobilized we’re treading new virgin territory here. But more than once. Imagine returning haul of the reserve aimed at turning the Army’s part-time soldiers into a top-flight most of our people will respond well to the from Afghanistan, reuniting with your fighting force that can handle the strains of initiatives we’re putting forward. They don’t family, getting your business re- the global war on terrorism. In a Pentagon wish to be part of a second-class team.’’ started, getting back into the desk you briefing for defense reporters, Helmly out- Ms. LANDRIEU. According to this re- left before you went to serve, only to lined an array of planned changes and blunt- porter:

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3577 The head of the Army Reserve said yester- they are killed in action. Think about This bill would reduce it to 55 years day that the 205,000-soldier force must guard that. A man or a woman serves not just and end what is an unjust situation and against a potential crisis in its ability to re- for 6 months, but maybe 2 years, comes help them. Hopefully it will address tain troops, saying serious problems are home, is called back to go again, part of this retention issue by making being ‘‘masked’’ temporarily because reserv- dodges the bullets, gets past the land- ists are barred from leaving the military these benefits more generous. while their units are mobilized in Iraq. mines, perhaps is seriously injured but The fourth and I think one of the escapes unscathed and comes home most important issues this bill seeks to He goes on to say: after serving valiantly, and then is de- address is ending the pay gap faced by Lieutenant General Helmly told his subor- nied burial benefits because they were guardsmen and reservists. Mr. Presi- dinates that he was ‘‘really tired of going to not ‘‘killed in action.’’ I think because dent, I don’t know if in Texas you have see our reserve soldiers [and finding] they’re short such simple things as goggles. It’s of what they have done, it is time for had a lot of people complain to you about damn time you listen to your lawyers us to give them the right opportunities about this, but I sure have had people less and your conscience more. They will for burial in our national cemeteries if in Louisiana come up and say to me, probably get me in trouble. But I told them, they are serving the time that our Ac- Senator, I can’t possibly understand I want this stuff fixed.’’ tive Duty serve, with all the dignity how we would ask someone to put on Not only are these men and women that they would deserve in such a situ- their uniform, go to Iraq, and take a being called up in unprecedented num- ation. 40-percent, 30-percent, or 20-percent cut bers, not only are they being prevented The bill does not authorize every in pay, to put their life on the line from leaving, which is masking a po- member of the Guard and Reserve to while we enjoy all the benefits staying tential readiness crisis, but they are these burial rights, but it is inconceiv- home here in a safe place here on the also not being provided with some of able why someone who fought overseas homefront. It is not that we have not the basic tools, equipment, and body for our Nation cannot be buried with had challenges right here on the home- armor that they need to protect them- his or her comrades simply because one front, but not to the same degree and selves; therefore, contributing to a soldier was in the Reserve and one sol- intensity as we are finding on the front state of unease. dier was active—fighting side by side, lines of the battlefield. Not that these guardsmen and reserv- same foxhole, same patrol, same land- Yet the fact is, because there is no ists are not patriotic, not that they mine but yet not the same burial tax credit in our law right now and be- would not walk across hot coals, and in ground. cause it is not mandatory for employ- No. 2, we hope in this bill that many instances they do every day to ers—or the Federal Government, I guardsmen and reservists activated for protect us, but we should at least be might add, which is something Senator 2 years should have active duty GI bill able to take these modest steps to DURBIN and I have worked very hard on benefits—the GI bill, which is probably make sure we are strengthening them together—to maintain their salaries at one of the best pieces of legislation and honoring their service to us. the level before they leave, some of this Congress has ever passed, it is re- The operations in Iraq, Afghanistan, these guardsmen and reservists are ac- ferred to hundreds of time in speeches and Kosovo are ongoing, with no end in tually taking a 30-percent or 40-percent on and off the floor, and is one of the sight. We do not know if emergent cut in pay to serve us and to keep us bills Americans generally know about, threats around the world will become safe. That means while they are mak- quote, and can say what it does. It has real and embroil us in yet other mili- ing the sacrifice on the battlefield, enabled millions of American troops to tary operations, partially because our which many of these men and women enroll in college when they returned are willing to make, we are asking Active Forces are stretched so thin we from World War II. The GI bill created need to call up our Guard and Reserve, their spouses and their children to give a bedrock of middle-class Americans. It up the car, sell the house, give up their and yet because of this we could face a was one of the cornerstones that helped college fund, and it is simply not fair retention crisis. us build the middle class, and it ush- in a country that has the resources we As I said, the deployments are ered in 50 years of unprecedented eco- have. In this Congress we want to give lengthy, the benefits and legal protec- nomic growth. Why? Because when peo- tax credits to everybody in the world tions are not sufficient in many in- ple get good training and good edu- for everything under the sun. I don’t stances, and the equipment is lacking. cation, their earning potential goes up know how we can’t find the few hun- So let us hope we can take steps and the contribution they can make to dreds of millions of dollars that it through this legislation and others to their community rises in a significant would take to give this tax credit to fix this situation. way. I hope the bill I offer today and spon- Today, members of the Active-Duty allow people to serve in the Guard and sor today—and I look forward to many Forces receive more in GI benefits than Reserve and just maintain their salary cosponsors joining on this bill—will the Guard and Reserve personnel, and level while they serve so it doesn’t put improve the Guard and Reserve bene- if the Guard and Reserve personnel their families in jeopardy. fits, and legal protections. As I said, we weren’t contributing in equal ways to I am going to go visit our troops in are calling it the 21st Century Citizen our active duty, I would not be here ar- Lafayette on Monday. I know the com- Soldier Benefit Act. guing for them, but they are contrib- munity comes together. I know the We have had two major changes or uting in equal ways, putting their lives women, many of them, join together improvements to the Guard and Re- in danger. Our bill will allow them to for bake sales and help out and pay serve framework, one in 1940 and one in participate more equally in the GI ben- each other’s car payments. Sometimes 1994. It is time, 10 years later, this efits. the community pulls together to pay year, 2004, with the unprecedented na- The third part of this bill would seek the mortgage on the house. I think ture of their service, to step up this to create parity between Reserve com- that is wonderful and it is the good old framework of support for our Guard ponents and Active Duty in terms of American spirit. But I don’t know if it and Reserve. It is time for Congress, in their retirement age. Right now, Ac- is necessary, not when we are giving my opinion, to take a comprehensive tive Duty can leave the military once out tax credits to companies that are look at the benefits and protections af- they serve 20 years. We think that is a taking jobs overseas, not when we are forded to the members of the Guard great benefit. It is one of the attrac- giving out tax credits to people who and Reserve. tions to the military service. Many of make millions and are not putting on We have not done so since 1994. It is our military men and women serve the uniform. The least we can do is time that we do this. My bill does it in honorably for 20 years and then retire help our businesses to write off what several ways. to go off and have yet a second and they would have as a voluntary com- First, we call for equal benefits for third career, as lifespans continue to pensation package to maintain this equal service in the area of burial bene- increase. We are proud of that. We be- salary level for the men and women fits, for activated Guard and Reserve lieve and know they contribute in serving overseas to minimize the sac- should be the same as Active Duty. many ways even past their service. rifice made by their families here at Guardsmen and Reservists cannot be But Guard and Reserve today cannot home. It would also require the Federal buried in national cemeteries unless collect retirement until 60 years of age. Government to step up to the plate

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3578 CONGRESSIONAL RECORD — SENATE April 1, 2004 and, as one of the largest employers in Stories like that are the result of a shift in sage. There’s concern among some adminis- the Nation, to make sure those salaries military policy. Since the end of the Cold tration officials about the cost of some of are compensated. War, the ranks of the full-time military have the proposals. In addition, some at the Pen- Let me share stories, one or two, been reduced by one-third. The Pentagon has tagon think morale would be hurt if some re- from these families. There was an April increasingly relied on the nation’s part-time servists end up with higher incomes than soldiers. More than 525,000 members of the their counterparts in the regular ranks. 22, 2003 article from USA Today that I Guards and reserves have been mobilized in Ms. LANDRIEU. It starts: will ask unanimous consent to have the 12 years since the Persian Gulf War. For printed in the RECORD. Drastic pay cuts. Bankruptcy. Foreclosed the previous 36 years, the figure was 199,877. homes. They aren’t exactly the kind of chal- There being no objection, the mate- The end of fighting in Iraq isn’t likely to lenges that members of America’s military rial was ordered to be printed in the lessen the pressure on the Guard and re- reserves signed up for when they volunteered serves. They’ll stay on with the regular mili- RECORD, as follows: to serve their country. But for many, the tary in a peacekeeping role. Nobody knows [From USA Today, Apr. 22, 2003] biggest threat to the home front isn’t Sad- how long, but in Bosnia, Guard members and RESERVISTS UNDER ECONOMIC FIRE dam Hussein or Osama bin Laden. It’s the reservists are on duty seven years after the bill collector. WASHINGTON.—Drastic pay cuts. Bank- mission began. ruptcy. Foreclosed homes. They aren’t ex- Korizon, who maintains avionics systems And that is a shame. I think the two actly the kind of challenges that members of on C–130 cargo planes, has been told his Mil- enemies mentioned before the bill col- America’s military reserves signed up for waukee-based reserve unit may be called up lector are people we need to actually be when they volunteered to serve their coun- for humanitarian missions. focusing our attention on, bringing try. Some of the specialists who are in the But for many, the biggest threat to the them to justice in one case and finding greatest demand—physicians and experts in home front isn’t Saddam Hussein or Osama them in the other. I don’t think our biological and chemical agents—command bin Laden. It’s the bill collector. troops need to be worried about bill Four in 10 members of the National Guard six-figure salaries in civilian life. The aver- age pay for a midlevel officer is $50,000 to collectors back home, but that is the or reserves lose money when they leave their position we have them in because we civilian jobs for active duty, according to a $55,000. ‘‘They were prepared to be called up. They Pentagon survey taken in 2000. Of 1.2 million have not acted, will not act, refuse to members, 223,000 are on active duty around were prepared to serve their country,’’ Sen. act in the face of giving everybody else the world. Barbara Mikulski, D-Md., says. ‘‘They were tax credits, but we can’t seem to find Concern is growing in Congress, and sev- not prepared to be part of a regular force and room in the budget for these 634,000 of eral lawmakers in both parties have intro- be away from home 200 to 300 days a year.’’ Concerns are growing on Capitol Hill. As our bravest. duced legislation to ease the families’ bur- I want to say for the record, in Lou- den. the nation’s reliance on the Guard and re- Janet Wright says she ‘‘sat down and serves has increased, ‘‘funding for training isiana, Janet Wright’s husband Russell cried’’ when she realized how little money and benefits simply have not kept up,’’ says is in the Marine Reserves. He made she and her children, Adelia, 5, and Carolyn, Republican Sen. Saxby Chambliss of Geor- $60,000 a year. Russell was activated. 2, would have to live on when her husband gia, a member of the Armed Services Com- He will only make $30,000. Mrs. Wright was sent to the Middle East. In his civilian mittee. says she started putting water in her job with an environmental cleanup company, The General Accounting Office, Congress’ children’s cereal and hopes her daugh- auditing arm, is studying pay and benefits Russell Wright makes $60,000 a year—twice ter can be quickly potty trained to what he’ll be paid as a sergeant in the Ma- for Guard members and reservists. A report rine Forces Reserve. Back in Hammond, La., is due in September. Meanwhile, members of save on diapers. Mrs. Wright has to his wife, who doesn’t have a paying job, is Congress are pushing several bills to ease the count every penny. pouring the kids more water and less milk. burden: This family is from Hammond, LA. I She is trying to accelerate Carolyn’s potty Closing the pay gap. Some employers make just don’t think this is right. I think training schedule to save on diapers. up the difference in salary for reservists on we can do something about it, and this She doesn’t know how long she’ll have to active duty. But many, including the federal bill attempts to do that. A 50-percent pinch pennies. Like his fellow reservists, government, do not. A bill sponsored by tax credit to those employers to con- Democratic Sens. Mikulski, Dick Durbin of Russell Wright has been called up for one tinue to pay their salaries to fill this year. He could be sent home sooner, or the Illinois and Mary Landrieu of Louisiana military could exercise its option to extend would require the federal government to pay gap is part of this bill. his tour of duty for a second year. Even so, make up lost pay. Landrieu is doing that for One other point of the bill, and then Janet Wright considers her family lucky: one legislative aide who has been called up a short conclusion. We put a cap on in- She can still pay the mortgage, and the chil- for active duty. terest rates. Many of us have loans out dren’s pediatrician accepts Tricare, the mili- She has also introduced a bill to give pri- for a variety of different purposes— tary health plan. vate employers a 50% tax credit if they sub- automobiles, perhaps some business Ray Korizon, a 23-year veteran with the sidize reservists’ salaries. loans that have been made for our busi- Closing the health gap. Once on active Air Force Reserve and an employee of the nesses, obviously mortgages. We put in Federal Aviation Administration, says his duty, reservists, Guard members and their income will also be cut in half if his unit families are covered by Tricare. an interest rate cap so when you are ships out. Korizon, who lives in Schaumburg, But for the 75% of reserve and Guard fami- deployed, you don’t have to pay more Ill., knows the financial costs of doing his lies living more than 50 miles from military than a 6-percent rate. When rates were patriotic duty from bitter experience. Before treatment facilities, finding physicians who 20 percent and 25 percent, that made a the Persian Gulf War in 1991, he owned a Chi- participate in Tricare can be difficult. lot of sense and it was a great benefit. cago construction company with 26 employ- A measure sponsored by Sen. Mike But as rates are relatively low today, DeWine, a Republican from Ohio, would give ees. He was sent overseas for six months and this bill would make a modest change lost the business. reservists and Guard members the option of Still, he never considered leaving the re- making Tricare their regular insurer or hav- to either have it at 6 percent or prime serve. Korizon says he enjoys the work and ing the federal government pay premiums for plus 1. Again, it is not a huge amount the camaraderie. But he worries about their civilian health insurance while they of money, but it could potentially save whether his two kids can continue to see the are on active duty. Several senior Demo- a family a few hundred dollars a year. same doctor when he shifts to military crats, including Senate Minority Leader It is the least we can do as part of try- health coverage. ‘‘It’s hard to go out and do Tom Daschle of South Dakota and Sen. Ed- ing to help them make ends meet while the job you want to do when you’re worried ward Kennedy of Massachusetts, support the their primary breadwinner in most about things back home,’’ he says. idea. Once regarded as ‘‘weekend warriors,’’ they Keeping creditors at bay. The Soldiers and cases is the one deployed. have become an integral part of U.S. battle Sailors Relief Act caps interest rates on As Congress works to best give our plans. Call-ups have been longer and more mortgages, car payments and other debts military the tools they need to succeed frequent. owed by military personnel at 6% while they in the 21st century, we must reinforce ‘‘The last time you’d see this type of mobi- are on active duty. But Sen. Lindsey Gra- and increase the benefits and protec- lization activity was during World War II,’’ ham, a South Carolina Republican who is the tions for our Reserves. We have asked says Maj. Charles Kohler of the Maryland Senate’s only reservist, says the act doesn’t so much of them, and they have met National Guard. Of the Maryland Guard’s apply to debts that are held in the name of every challenge with excellence. As we 8,000 members, 3,500 are on active duty. a spouse who is not a member of the mili- Kohler knows several who are in serious fi- tary. He plans to introduce legislation to saw unfolding on our television screens nancial trouble. One had to file for bank- cover spouses. yesterday and today, we couldn’t ask ruptcy after a yearlong deployment, during Despite a groundswell of support for them to do more. The least we can do which his take-home pay fell by two-thirds. troops, none of the bills is assured of pas- is to look at the package of benefits,

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3579 upgrade it where we can, make sac- high risk of terrorist attack based Way, the American Hospital Associa- rifices in other areas of our budget, and upon very specific standards. Organiza- tion, the American Association of Mu- fund them first. They are the ones who tions wishing to receive security en- seums, the National Association of are protecting us at this time. When we hancements under this Act must dem- Independent Colleges and Universities can provide greater legal protections to onstrate that they have experienced (NAICU), American Jewish Congress, ease the stress on the homefront, we specific threats by international ter- the Theatre Communications Group, must, when and where we can. Failure rorist organizations, there were prior and the YMCA of the USA are all to act will just exacerbate retention attacks against similarly situated or- united in supporting this legislation. challenges. It will undermine our ef- ganizations, there is vulnerability of This bill not only supports homeland forts to succeed in our war on terror. the specific site, the symbolic value of security, it supports hometown secu- I introduce this bill today. I hope we the site as a highly recognized Amer- rity, making our communities stronger can have a speedy hearing. ican Institution, or that they have a and safer, and I encourage my col- I ask my colleagues to join me in specific role in responding to terrorist leagues to join me in supporting this sponsoring this bill so we can have a attacks. legislation and ask unanimous consent great bipartisan effort. There are many This bill allows the Department of to print in the RECORD a letter from or- other things we can so the Guard and Homeland Security to contract for se- ganizations supporting this effort and I Reserve really know we appreciate curity enhancements to help these ask unanimous consent that the text of them, because we just do not take pic- high-risk non-profit organizations. the bill be printed in the RECORD. tures with them but we actually put These funds can only be used for secu- There being no objection, the mate- them in our budget. rity enhancements, such as concrete rial was ordered to be printed in the I yield the floor. barriers, and ‘‘hardening’’ of windows RECORD, as follows: and doors, as well as technical assist- COALITION FOR THE HIGH-RISK NON- PROFIT SECURITY ENHANCEMENT By Ms. MIKULSKI (for herself, ance to assess needs, develop plans, and ACT OF 2004, MARCH 29, 2004. Mr. SPECTER, Mrs. MURRAY, train personnel. Funding under this DEAR MEMBER OF CONGRESS: Before the re- Mrs. CLINTON, Ms. LANDRIEU, Act can never be used for enhance- cess—We are requesting that you sign-on as Mr. SCHUMER, Mr. LIEBERMAN, ments that would only be reasonably a co-sponsor of the High-Risk Non-Profit Se- Mr. DASCHLE, and Mr. DAYTON): necessary to protect from neighbor- curity Enhancement Act of 2004, legislation S. 2275. A bill to amend the Homeland hood crime. to provide for homeland security assistance Security Act of 2002 (6 U.S.C. 101 et This bill also helps our vital first re- for high-risk non-profits to protect them seq.) to provide for homeland security sponders, those who are on the front- against foreign terrorist attacks. The legis- lative language is attached to this e-mail. assistance for high-risk nonprofit orga- line everyday helping to protect these As leaders of our nation’s non-profit sec- nizations, and for other purposes; to ‘‘soft targets.’’ These men and women tor, we firmly believe there is a compelling the Committee on Governmental Af- have the responsibility for protecting public interest in protecting high-risk non- fairs. institutions against the possibility of profit institutions from terrorist attacks Ms. MIKULSKI. Mr. President, today terrorist attack, while they are also re- that would disrupt the vital health, social, I rise on behalf of myself and Senators sponding to the public safety needs of educational and spiritual services they pro- SPECTER, MURRAY, CLINTON, LANDRIEU, vide to the American people, and threaten the entire community. By authorizing the lives and well-being of American citizens DAYTON, SCHUMER, DASCHLE and LIE- $50 million in grant funds for local po- who operate, utilize, and live or work in BERMAN, to introduce the High-Risk lice departments, this bill provides real proximity to such institutions. Non-Profit Security and Safety En- relief to local law enforcement who The risk to such institutions since 9/11 is hancement Act of 2004. This bill pro- bear the growing costs associated with clear. Al Qaeda’s willingness to attack tar- vides homeland security assistance for providing heightened security to high- gets of all types has been made readily ap- high-risk non-profits to protect them risk non-profits. parent with attacks in the United States, against foreign terrorist attacks. This Spain, Germany, Iraq, Tunisia, Kenya, Mo- As a Nation our priority in fighting rocco, and Turkey, including an inter- legislation is critical to help protect the war on terror is to be able to better national Red Cross building, synagogues, the ‘‘soft targets’’ of terrorism all over detect, prevent and respond to acts of train stations, hotels, airports, restaurants, the United States. terrorism. This bill gets us one step night clubs, and cultural centers. We are all aware of recent terrorist closer to meeting those goals by help- This legislation would authorize the Sec- attacks in the United States, Spain, ing vulnerable targets better detect retary of Homeland Security to make avail- Germany, Iraq, Tunisia, Kenya, Mo- and prevent terrorist attacks and by able in FY 2005 up to $100 million in assist- rocco and Turkey. These attacks by Al ance to 501(c)(3) organizations demonstrating making sure that if terror strikes one a high risk of terrorist attack based upon: Qaeda on an international Red Cross of these facilities, security and safety specific threats of international terrorist or- building, synagogues, train stations, measures are in place to protect the ganizations, prior attacks against similarly hotels, airports, restaurants, night lives of those inside and around these situated organizations; the vulnerability of clubs, and cultural centers, show its buildings. the specific site; the symbolic value of the willingness to attack ‘‘soft targets’’ of Nothing the Senate does is more im- site as a highly recognized American institu- all types in order to conduct its cam- portant than providing America secu- tion; or the role of the institution in re- paign of terror. rity and Americans safety. I urge my sponding to terrorist attacks. Federal loan I want to make sure that our commu- colleagues to support this legislation guarantees would also be available to make loans accessible on favorable terms. Funds nities are protected and the buildings because it does exactly that. It makes would be allocated by a new office in the De- where citizens live, learn and work are sure that there is added security for partment of Homeland Security dedicated to as secure as possible to safeguard these ‘‘soft targets’’ that Americans working with high-risk non-profits nation- American lives from a potential ter- visit everyday and it adds funding to wide. rorist attack. Local communities are support the local police, fire and rescue The authorized amount of grants—$100 mil- on the front lines in our war against workers who are the first responders lion—is a fraction of the assessed needs of terrorism. This Congress must do its when there is a threat to one of these high-risk non-profits, which is well in excess of $1 billion. However, in view of current share to make sure that they do not organizations. In the battle to protect budgetary constraints, supporters of this leg- have to bear the full cost of this war. our Nation from terrorist attacks, we islation have proposed a modest level of Fed- This bill helps us do that by providing must be sure to provide assistance to eral assistance. funds for security enhancements in these high-risk non-profit organiza- Applicant organizations would submit re- buildings that Americans visit every- tions that provide vital health, social, quests to state homeland security authori- day and by providing local law enforce- cultural, and educational services to ties that would identify and prioritize high- ment with added support for the costs the American people. risk institutions. Qualifying requests would they incur in helping to guard these I know others share my concerns be forwarded to the Secretary of Homeland Security who would allocate resources based local buildings and community centers. about protecting these ‘‘soft targets’’ on risk—maximizing the number of institu- Specifically, this legislation will pro- in our war against terrorism and that tions receiving security enhancements and vide up to $100 million in assistance to is why the United Jewish Commu- technical assistance. Payments would be 501(c)(3) organizations demonstrating a nities, the American Red Cross, United made directly to contractors.

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Security enhancements would include ‘‘(1) CONTRACT.—The term ‘contract’ means terrorist attacks and eligibility for security items directly related to the international a contract between the Federal Government enhancements or technical assistance under terrorist threat, such as concrete barriers, and a contractor selected from the list of this title, the Secretary shall consider— and ‘‘hardening’’ of windows and doors, as certified contractors to perform security en- ‘‘(1) threats of international terrorist orga- well as technical assistance to assess needs, hancements or provide technical assistance nizations (as designated by the State Depart- develop plans, and train personnel. Funds approved by the Secretary under this title. ment) against any group of United States could not be used for security equipment ‘‘(2) FAVORABLE REPAYMENT TERMS.—The citizens who operate or are the principal that would reasonably be necessary for pro- term ‘favorable repayment terms’ means the beneficiaries or users of the nonprofit orga- tection from neighborhood crime. repayment terms of loans offered to non- nization; The bill also authorizes $50 million for profit organizations under this title that— ‘‘(2) prior attacks, within or outside the local police departments to provide addi- ‘‘(A) are determined by the Secretary, in United States, by international terrorist or- tional security in areas where there is a high consultation with the Secretary of the ganizations against the nonprofit organiza- concentration of high-risk non-profits. Treasury, to be favorable under current mar- tion or entities associated with or similarly Sincerely, ket conditions; situated as the nonprofit organization; American Association of Museums. ‘‘(3) the symbolic value of the site as a American Association of Homes and Serv- ‘‘(B) have interest rates at least 1 full per- ices for the aging. centage point below the market rate; and highly recognized United States cultural or American Hospital Association. ‘‘(C) provide for repayment over a term not historical institution that renders the site a American Jewish Congress. less than 25 years. possible target of international terrorism; American Red Cross. ‘‘(3) NONPROFIT ORGANIZATION.—The term ‘‘(4) the role of the nonprofit organization American Society of Association Execu- ‘nonprofit organization’ means an organiza- in responding to international terrorist at- tives. tion that— tacks; and American Symphony Orchestra League. ‘‘(A) is described under section 501(c)(3) of ‘‘(5) any recommendations of the applica- Association of Art Museum Directors. the Internal Revenue Code of 1986 and ex- ble State Homeland Security Authority es- Jewish United Fund/Jewish Federation of empt from taxation under section 501(a) of tablished under section 1806 or Federal, Metropolitan Chicago. such Code; and State, and local law enforcement authori- National Assembly of Health and Human ‘‘(B) is designated by the Secretary under ties. Services Organizations. section 1803(a). ‘‘(c) DOCUMENTATION.—In order to be eligi- National Association of Independent Col- ble for security enhancements, technical as- leges and Universities. ‘‘(4) SECURITY ENHANCEMENTS.—The term sistance or loan guarantees under this title, Theatre Communications Group. ‘security enhancements’— UJA Federation of New York. ‘‘(A) means the purchase and installation the nonprofit organization shall provide the Union of Orthodox Jewish Congregations. of security equipment in real property (in- Secretary with documentation that— United Synagogue of Conservative Juda- cluding buildings and improvements), owned ‘‘(1) the nonprofit organization hosted a ism. or leased by a nonprofit organization, spe- gathering of at least 100 or more persons at United Way of America. cifically in response to the risk of attack at least once each month at the nonprofit orga- YMCA of the USA. a nonprofit organization by an international nization site during the preceding 12 months; S. 2275 terrorist organization; or Be it enacted by the Senate and House of Rep- ‘‘(B) includes software security measures; ‘‘(2) the nonprofit organization provides resentatives of the United States of America in and services to at least 500 persons each year at Congress assembled, ‘‘(C) does not include enhancements that the nonprofit organization site. SECTION 1. SHORT TITLE. would otherwise have been reasonably nec- ‘‘(d) TECHNICAL ASSISTANCE ORGANIZA- This Act may be cited as the ‘‘High Risk essary due to nonterrorist threats. TIONS.—If 2 or more nonprofit organizations Nonprofit Security Enhancement Act of ‘‘(5) TECHNICAL ASSISTANCE.—The term establish another nonprofit organization to 2004’’. ‘technical assistance’— provide technical assistance, that estab- lished organization shall be eligible to re- SEC. 2. FINDING. ‘‘(A) means guidance, assessment, rec- Congress finds that there is a public inter- ommendations, and any other provision of ceive security enhancements and technical est in protecting high-risk nonprofit organi- information or expertise which assists non- assistance under this title based upon the zations from international terrorist attacks profit organizations in— collective risk of the nonprofit organizations that would disrupt the vital services such or- ‘‘(i) identifying security needs; it serves. ganizations provide to the people of the ‘‘(ii) purchasing and installing security en- ‘‘SEC. 1804. USE OF LOAN GUARANTEES. United States and threaten the lives and hancements; ‘‘Funds borrowed from lending institu- well-being of United States citizens who op- ‘‘(iii) training employees to use and main- tions, which are guaranteed by the Federal erate, utilize, and live or work in proximity tain security enhancements; or Government under this title, may be used for to such organizations. ‘‘(iv) training employees to recognize and technical assistance and security enhance- SEC. 3. PURPOSES. respond to international terrorist threats; ments. The purposes of this Act are to— and ‘‘SEC. 1805. NONPROFIT ORGANIZATION APPLICA- (1) establish within the Department of ‘‘(B) does not include technical assistance TIONS. Homeland Security a program to protect that would otherwise have been reasonably ‘‘(a) IN GENERAL.—A nonprofit organiza- United States citizens at or near high-risk necessary due to nonterrorist threats. tion desiring assistance under this title shall nonprofit organizations from international submit a separate application for each spe- ‘‘SEC. 1802. AUTHORITY TO ENTER INTO CON- cific site needing security enhancements or terrorist attacks through loan guarantees TRACTS AND ISSUE FEDERAL LOAN and Federal contracts for security enhance- GUARANTEES. technical assistance. ‘‘(b) CONTENT.—Each application shall in- ments and technical assistance; ‘‘(a) IN GENERAL.—The Secretary may— clude— (2) establish a program within the Depart- ‘‘(1) enter into contracts with certified ‘‘(1) a detailed request for security en- ment of Homeland Security to provide contractors for security enhancements and hancements and technical assistance, from a grants to local governments to assist with technical assistance for nonprofit organiza- list of approved enhancements and assist- incremental costs associated with law en- tions; and ance issued by the Secretary under this title; forcement in areas in which there are a high ‘‘(2) issue Federal loan guarantees to finan- ‘‘(2) a description of the intended uses of concentration of high-risk nonprofit organi- cial institutions in connection with loans funds to be borrowed under Federal loan zations vulnerable to international terrorist made by such institutions to nonprofit orga- guarantees; and attacks; and nizations for security enhancements and ‘‘(3) such other information as the Sec- (3) establish an Office of Community Rela- technical assistance. retary shall require. tions and Civic Affairs within the Depart- ‘‘(b) LOANS.—The Secretary may guarantee ‘‘(c) JOINT APPLICATION.—Two or more non- ment of Homeland Security to focus on secu- loans under this title— profit organizations located on contiguous rity needs of high-risk nonprofit organiza- ‘‘(1) only to the extent provided for in ad- sites may submit a joint application. tions with respect to international terrorist vance by appropriations Acts; and threats. ‘‘SEC. 1806. REVIEW BY STATE HOMELAND SECU- ‘‘(2) only to the extent such loans have fa- RITY AUTHORITIES. SEC. 4. AUTHORITY TO ENTER INTO CONTRACTS vorable repayment terms. ‘‘(a) ESTABLISHMENT OF STATE HOMELAND AND ISSUE FEDERAL LOAN GUARAN- ‘‘SEC. 1803. ELIGIBILITY CRITERIA. ECURITY UTHORITIES TEES. S A .—In accordance with ‘‘(a) IN GENERAL.—The Secretary shall des- The Homeland Security Act of 2002 (6 regulations prescribed by the Secretary, ignate nonprofit organizations as high-risk U.S.C. 101 et seq.) is amended by adding at each State may establish a State Homeland the end the following: nonprofit organizations eligible for contracts Security Authority to carry out this title. or loans under this title based on the vulner- ‘‘(b) APPLICATIONS.— ‘‘TITLE XVIII—PROTECTION OF CITIZENS ability of the specific site of the nonprofit ‘‘(1) SUBMISSION.—Applications shall be AT HIGH-RISK NONPROFIT ORGANIZA- organization to international terrorist at- submitted to the applicable State Homeland TIONS tacks. Security Authority. ‘‘SEC. 1801. DEFINITIONS. ‘‘(b) VULNERABILITY DETERMINATION.—In ‘‘(2) EVALUATION.—After consultation with ‘‘In this title: determining vulnerability to international Federal, State, and local law enforcement

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3581 authorities, the State Homeland Security within 60 days after applicant notification, munity Relations and Civic Affairs to admin- Authority shall evaluate all applications the nonprofit organization may submit a ister grant programs for nonprofit organiza- using the criteria under section 1803 and contractor not currently on the list to the tions and local law enforcement assistance. transmit all qualifying applications to the Secretary for the Secretary’s review. If the ‘‘(b) ADDITIONAL RESPONSIBILITIES.—The Secretary ranked by severity of risk of inter- Secretary does not include the submitted Office of Community Relations and Civic Af- national terrorist attack. contractor on the list of certified contrac- fairs shall— ‘‘(3) APPEAL.—An applicant may appeal the tors within 60 days after the submission and ‘‘(1) coordinate community relations ef- finding that an application is not a quali- does not place an alternative contractor on forts of the Department; fying application to the Secretary under pro- the list within the same time period (who ‘‘(2) serve as the official liaison of the Sec- cedures that the Secretary shall issue by would be available to begin the specified retary to the nonprofit, human and social regulation not later than 90 days after the work within that 60-day period), the Sec- services, and faith-based communities; and date of enactment of this title. retary shall immediately place the sub- ‘‘(3) assist in coordinating the needs of ‘‘SEC. 1807. SECURITY ENHANCEMENT AND TECH- mitted contractor on the list of certified those communities with the Citizen Corps NICAL ASSISTANCE CONTRACTS AND contractors and such contractor shall re- program. LOAN GUARANTEES. main on such list until— ‘‘SEC. 1810. AUTHORIZATION OF APPROPRIA- ‘‘(a) IN GENERAL.—Upon receipt of the ap- ‘‘(1) the specified work is completed; or TIONS AND LOAN GUARANTEES. plications, the Secretary shall select appli- ‘‘(2) the Secretary can show cause why ‘‘(a) NONPROFIT ORGANIZATIONS PROGRAM.— cations for execution of security enhance- such contractor may not retain certification, There are authorized to be appropriated to ment and technical assistance contracts, or with such determinations subject to review the Department to carry out the nonprofit issuance of loan guarantees, giving pref- by the Comptroller General of the United organization program under this title, erence to the nonprofit organizations deter- States. $100,000,000 for fiscal year 2005 and such sums mined to be at greatest risk of international ‘‘(h) CONTRACTS.—Upon selecting a cer- as may be necessary for fiscal years 2006 and terrorist attack based on criteria under sec- tified contractor to provide security en- 2007. tion 1803. hancements and technical assistance ap- ‘‘(b) LOCAL LAW ENFORCEMENT ASSISTANCE ‘‘(b) SECURITY ENHANCEMENTS AND TECH- proved by the Secretary under this title, the GRANTS.—There are authorized to be appro- NICAL ASSISTANCE; FOLLOWED BY LOAN GUAR- nonprofit organization shall notify the Sec- priated to the Department for local law en- ANTEES.—The Secretary shall execute secu- retary of such selection. The Secretary shall forcement assistance grants under section rity enhancement and technical assistance deliver a contract to such contractor within 1808, $50,000,000 for fiscal year 2005 and such contracts for the highest priority applicants 10 business days after such notification. sums as may be necessary for fiscal years until available funds are expended, after ‘‘(i) CONTRACTS FOR ADDITIONAL WORK OR 2006 and 2007. which loan guarantees shall be made avail- UPGRADES.—A nonprofit organization, using ‘‘(c) OFFICE OF COMMUNITY RELATIONS AND able for additional applicants determined to its own funds, may enter into an additional CIVIC AFFAIRS.—There are authorized to be be at high risk, up to the authorized amount contract with the certified contractor, for appropriated to the Department for the Of- of loan guarantees. The Secretary may pro- additional or upgraded security enhance- fice of Community Relations and Civic Af- vide with respect to a single application a ments or technical assistance. Such addi- fairs under section 1809, $5,000,000 for fiscal combination of such contracts and loan tional contracts shall be separate contracts year 2005 and such sums as may be necessary guarantees. between the nonprofit organization and the for fiscal years 2006 and 2007. ‘‘(c) JOINT APPLICATIONS.—Special pref- contractor. ‘‘(d) LOAN GUARANTEES.— erence shall be given to joint applications ‘‘(j) EXPEDITING ASSISTANCE.—In order to ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— submitted on behalf of multiple nonprofit or- expedite assistance to nonprofit organiza- There are authorized to be appropriated in ganizations located in contiguous settings. tions, the Secretary shall— each of fiscal years 2005, 2006, and 2007, such ‘‘(d) MAXIMIZING AVAILABLE FUNDS.—Sub- ‘‘(1) compile a list of approved technical amounts as may be required under the Fed- ject to subsection (b), the Secretary shall assistance and security enhancement activi- eral Credit Act with respect to Federal loan execute security enhancement and technical ties within 45 days after the date of enact- guarantees authorized by this title, which assistance contracts in such amounts as to ment of this title; shall remain available until expended. maximize the number of high-risk applicants ‘‘(2) publish in the Federal Register within ‘‘(2) LIMITATION.—The aggregate value of nationwide receiving assistance under this 60 days after such date of enactment a re- all loans for which loan guarantees are title. quest for contractors to submit applications issued under this title by the Secretary may ‘‘(e) APPLICANT NOTIFICATION.—Upon se- to be placed on the list of certified contrac- not exceed $250,000,000 in each of fiscal years lecting a nonprofit organization for assist- tors under this section; 2005, 2006, and 2007.’’. ance under this title, the Secretary shall no- ‘‘(3) after consultation with the Secretary SEC. 5. TECHNICAL AND CONFORMING AMEND- tify the nonprofit organization that the Fed- of the Treasury, publish in the Federal Reg- MENT. eral Government is prepared to enter into a ister within 60 days after such date of enact- The table of contents under section 1(b) of contract with certified contractors to install ment, prescribe regulations setting forth the the Homeland Security Act of 2002 (6 U.S.C. specified security enhancements or provide conditions under which loan guarantees shall 101(b)) is amended by adding at the end the specified technical assistance at the site of be issued under this title, including applica- following: the nonprofit organization. tion procedures, expeditious review of appli- ‘‘TITLE XVIII—PROTECTION OF CITIZENS ‘‘(f) CERTIFIED CONTRACTORS.— cations, underwriting criteria, assignment of AT HIGH-RISK NONPROFIT ORGANIZA- ‘‘(1) IN GENERAL.—Upon receiving a notifi- loan guarantees, modifications, commercial TIONS cation under subsection (e), the nonprofit or- validity, defaults, and fees; and ‘‘Sec. 1801. Definitions. ganization shall select a certified contractor ‘‘(4) publish in the Federal Register within ‘‘Sec. 1802. Authority to enter into contracts to perform the specified security enhance- 120 days after such date of enactment (and and issue Federal loan guaran- ments, from a list of certified contractors every 30 days thereafter) a list of certified tees. issued and maintained by the Secretary contractors, including those selected by ‘‘Sec. 1803. Eligibility criteria. under subsection (j). State Homeland Security Authorities, coun- ‘‘Sec. 1804. Use of loan guarantees. ‘‘(2) LIST.—The list referred to in para- ty, and local officials, with coverage of all 50 ‘‘Sec. 1805. Nonprofit organization applica- graph (1) shall be comprised of contractors States, the District of Columbia, and the ter- tions. selected on the basis of— ritories. ‘‘Sec. 1806. Review by State Homeland Secu- ‘‘(A) technical expertise; ‘‘SEC. 1808. LOCAL LAW ENFORCEMENT ASSIST- rity Authorities. ‘‘(B) performance record including quality ANCE GRANTS. ‘‘Sec. 1807. Security enhancement and tech- and timeliness of work performed; ‘‘(a) IN GENERAL.—The Secretary may pro- nical assistance contracts and ‘‘(C) adequacy of employee criminal back- vide grants to units of local government to loan guarantees. ground checks; and offset incremental costs associated with law ‘‘Sec. 1808. Local law enforcement assistance ‘‘(D) price competitiveness. enforcement in areas where there is a high grants. ‘‘Sec. 1809. Office of Community Relations ‘‘(3) OTHER CERTIFIED CONTRACTORS.—The concentration of nonprofit organizations. Secretary shall include on the list of cer- ‘‘(b) USE.—Grant funds received under this and Civic Affairs. ‘‘Sec. 1810. Authorization of appropriations tified contractors additional contractors se- section may be used only for personnel costs and loan guarantees.’’. lected by senior officials at State Homeland or for equipment needs specifically related Security Authorities and the chief execu- to such incremental costs. Mr. SPECTER. Mr. President, I seek tives of county and other local jurisdictions. ‘‘(c) MAXIMIZATION OF IMPACT.—The Sec- recognition today to introduce the Such additional certified contractors shall retary shall award grants in such amounts as High-Risk Non-Profit Security En- be selected on the basis of the criteria under to maximize the impact of available funds in hancement Act of 2004 together with paragraph (2). protecting nonprofit organizations nation- my colleague Senator MIKULSKI. Since ‘‘(g) ENSURING THE AVAILABILITY OF CON- wide from international terrorist attacks. 9/11, al-Qaida has attacked a series of TRACTORS.—If the list of certified contrac- ‘‘SEC. 1809. OFFICE OF COMMUNITY RELATIONS tors under this section does not include any AND CIVIC AFFAIRS. so-called ‘‘soft targets’’ around the contractors who can begin work on the secu- ‘‘(a) IN GENERAL.—There is established globe including hotels, synagogues, so- rity enhancements or technical assistance within the Department, the Office of Com- cial centers and facilities of the Red

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3582 CONGRESSIONAL RECORD — SENATE April 1, 2004 Cross. This grim reality is forcing such authorities that would identify and This is important for the entire na- soft targets here in the United States prioritize high-risk institutions. Quali- tion, but it is especially important for to confront the need for very expensive fying requests would be forwarded to California. California has the second security enhancements to their facili- the Secretary of Homeland Security highest Amtrak ridership in the coun- ties. This legislation will help non- who would allocate resources based on try. Almost 9 million passenger trips profit organizations—those soft targets his assessment of the risk. Payments began or ended in California during fis- least able to afford these security en- would be made from the Department of cal year 2003. Amtrak operates an aver- hancements—to do the work that they Homeland security directly to the con- age of 68 intercity and 300 commuter need to do such as the building of con- tractors who will do the work. trains per day in California. crete barriers and the ‘‘hardening’’ of For those programs that do not get The freight rail system is also impor- windows and doors. their security projects funded, Federal tant for goods movement. California’s On February 11, 2003, CIA Director loan guarantees would also be available ports receive over 40 percent of all of George Tenet provided the following so that they can take out loans on fa- the goods that are shipped into the testimony to the Senate Select Com- vorable terms. The bill also authorizes United States. Many of the imports are mittee on Intelligence: $50 million for local police departments shipped by rail through California and Until al-Qaida finds an opportunity for the to provide additional security in areas to the rest of the nation. If there were big attack, it will try to maintain its oper- where there is a high concentration of a terrorist attack, the impact on our ational tempo by striking ‘‘softer’’ targets. high-risk non-profits. economy would be devastating. And what I mean by ‘‘softer,’’ Mr. Chairman, Mr. President, the threat of ter- Finally, local communities through- are simply targets al-Qaida planners may rorism is placing an enormous burden out California have mass transit sys- view as less well protected. . . . Al-Qaida has on non-profit organizations that face a tems. For example, Muni, in San Fran- also sharpened its focus on our Allies in Eu- rope and on operations against Israeli and higher risk of terror attack due to cisco, is the 7th largest transit system Jewish targets. their affiliation of function. This bill is in the nation. There is light rail in Los Also on February 11, 2003, FBI Direc- an important step towards helping Angeles, Sacramento, and San Diego. tor Robert S. Mueller testified as fol- these non-profits meet these new and Livermore Amador Valley Transit Au- lows before the Senate Select Com- expensive security needs. It is my hope thority has buses that go directly to mittee on Intelligence: that my colleagues will join me in ad- Lawrence Livermore National Labora- dressing this overlooked front in the tory, which has weapons research. Multiple small-scale attacks against soft targets—such as banks, shopping malls, su- war on terror. It is vitally important to ensure that permarkets, apartment buildings, schools our nation’s entire transportation sys- and universities, houses of worship and By Mrs. BOXER: tem is secure. It is time we stopped ig- places of recreation and entertainment— S. 2276. A bill to allow the Secretary noring our rail systems. would be easier to execute and would mini- of Homeland Security to make grants mize the need to communicate with the cen- to Amtrak, other rail carriers, and pro- By Mr. MCCAIN: tral leadership, lowering the risks of detec- viders of mass transportation for im- S. 2277. A bill to amend the Act of tion. provements to the security of our Na- November 2, 1966 (80 Stat. 1112), to The record has sadly confirmed the tion’s rail and mass transportation sys- allow binding arbitration clauses to be words of Directors Tenet and Mueller. tem; to the Committee on Commerce, included in all contracts affecting the Al-Qaida has been responsible for a se- Science, and Transportation. land within the Salt River Pima-Mari- ries of attacks against soft targets in- Mrs. BOXER. Mr. President, two and copa Indian Reservation; to the Com- cluding numerous synagogues, A Red a half years ago, the United States was mittee on Indian Affairs. Cross building, train stations, hotels caught unprepared when it came to Mr. MCCAIN. Mr. President, today I airports, restaurants and night clubs. aviation security. The results were am introducing legislation to provide a These targets have been in countries devastating. technical correction that would once throughout the world including Spain, Since then, we have greatly improved again allow binding arbitration clauses Germany, Iraq, Tunisia, Kenya, Mo- our aviation security, and we have to be included in all contracts affecting rocco and Turkey. begun to improve our port security. We the land within the Salt River Pima- In the face of this very real terrorist have a long way to go in both of these Mariposa Indian Community threat, these soft targets have an obli- areas. (SRPMIC). A companion bill is being gation to take the necessary steps to But, we have a longer way to go to introduced today by Congressman better protect themselves and all who secure our rail system—both passenger, HAYWORTH. visit their facilities. These additional freight, and local transit. The SRPMIC located in Scottsdale, security measures place an especially In October 2001, the Commerce Com- AZ, one of the most diversified eco- heavy burden upon non-profit corpora- mittee passed a rail security bill to au- nomic development portfolios in Indian tions with limited resources. Effective thorize $1.77 billion over two years for country. Blessed with a prime location security measures do not come cheap. Amtrak. We knew that the United in metropolitan Phoenix, the Tribe has This legislation would authorize the States must not be caught off-guard nearly a dozen business enterprises in- Secretary of Homeland Security to when it comes to our passenger and cluding a sand and gravel operation, a make available in FY 2005 up to $100 freight rail systems. cement company, two golf courses, and million in assistance to non profits Unfortunately, the bill never became a shopping center. The tribe wants to which demonstrate a high risk of ter- law. continue diversifying their economy in rorist attack. In choosing which And, now, we have received another the hopes of becoming economically projects to fund, the secretary will give warning. In March, terrorists blew up self-sufficient. This legislation is in- preference to those non profit organiza- commuter trains in Madrid killing tended to help them achieve this goal. tions he determines to be at the great- nearly 200 people and injuring 1,400. We This bill would make technical cor- est risk of international terrorist at- must heed this warning and address the rections to title 2l5, U.S. Code, Section tack based upon the following criteria: vulnerability of America’s rail sys- 416a(c) relating to ‘‘binding arbitration (1) Specific threats of international tems. We must act now. of disputes.’’ Recently, in an effort to terrorist organizations; (2) Prior at- Today, I am introducing legislation consolidate and streamline various tacks against similarly situated orga- that will authorize funding for more rules, regulations, and laws, some sec- nizations; (3) The vulnerability of the police, canine dogs, and surveillance tions of Title 25, U.S. Code, Section 81 specific site; (4) The symbolic value of equipment on Amtrak and local transit were repealed that affected the Bureau the site as a highly recognized Amer- systems. The bill will authorize $500 of Indian Affairs. An unintended con- ican institution; or (5) The role of the million per year for five years. One- sequence of this consolidation was that institution in responding to terrorist third of the funding will be spent on the definition for leases, which in- attacks. Amtrak based on passenger ridership cluded sublease, substitute lease, and Applicant organizations would sub- and the remainder of the funding will master lease, was altered. Simply put, mit request to state homeland security be spent on securing rail and transit. this legislation would reinstate the

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3583 prior definition for leases on the res- that in the future, he will still be the of the Maritime Transportation Secu- ervation to include subleases, sub- Captain of some small boat, yacht, or rity Act. The provision in this bill stitute leases, and master leases. With- maybe even a ship. would require a plan on how the Ad- out this clarification, the tribe fears Even though the Coast Guard, Cus- ministration will coordinate collection that potential tenants may be leery to toms and other agencies charged with and analysis of maritime information, invest on tribal land. the implementation of these measures and how agency personnel might be co- This legislation may seem minor, but have aggressively taken initial steps located to maximize resources and co- it would go a long way toward helping necessary to set up our future struc- ordinate analysis. This plan must also the SRPMIC achieve the economic self- ture for seaport security there is still indicate when long range vessel track- sufficiency it is working toward. much to do, and effective action needs ing will be integrated into this intel- Therefore, I urge my colleagues to sup- to occur to help coordinate and crys- ligence information. Additionally, the port this legislation and work for its tallize security policies and objectives. plan would require the government to speedy passage. The Maritime Transportation Security analyze private sector resources to Act of 2004 would attempt to mandate evaluate how they could be used to By Mr. HOLLINGS (for himself, a coordinated Federal approach to sev- help monitor and differentiate legiti- Mr. MCCAIN, and Mr. BREAUX): eral areas of concern in port security. mate moves of trade from those actions S. 2279. A bill to amend title 46, It would also attempt to set perform- and players that are more suppositious. United States Code, with respect to ance standards for certain areas in port The Federal Government does not have maritime transportation security, and security and add a few enhancements a lot of experience monitoring com- for other purposes; to the Committee to last year’s legislation. Most impor- mercial maritime activity, and I be- on Commerce, Science, and Transpor- tantly the bill would require a user fee lieve they will have to employ private tation. to be established to help pay for the sector expertise to assist in this en- Mr. HOLLINGS. Mr. President, less port security mandates. deavor. than 1 year ago, we wrapped up work Specifically, this bill would impose The report shall also consider the on the port security bill that was in rem liability to secure payment of abilities of the Department of Navy to signed into law as the Maritime Secu- penalties and fines under the Act and collect and analyze commercial mari- rity Act of 2002, MTSA. That act man- to help ensure compliance with the se- time information. The U.S. Navy prob- dated and outlined changes that are curity requirements imposed by the ably has the most resources dedicated needed to shore up security in our MTSA. The bill would also include pro- to the evaluation of commercial ship- ports, and established for the first time visions to increase security in water- ping activities, but are precluded from a system to coordinate, plan and imple- side cargo areas, and ensure that cargo sharing this information. In light of ment port security at U.S. seaports. contents of imported marine cargo con- our need for better information on While this was landmark legislation, tainers would be required to be cleared commercial shipping, this policy has to much still needs to be done with re- within 5 days of entering a U.S. port, or be reevaluated. A maritime intel- spect to the implementation of the re- alternatively removed after 5 days ligence system needs to be set up to quirements mandated by this law. without being cleared, to a regulated work together so that Federal agen- I am very dissatisfied with the cur- warehouse where it would be opened cies, State, local and the private sector rent Administration’s disinterest in and reviewed to verify its contents. can coordinate their law enforcement paying for port security, and would This would in no way change any claim activities. Maritime intelligence on point out that we are approaching a to possession of the goods. Impor- commercial ocean shipping is currently crisis, as Federal mandates are being tantly, the bill would require DHS to gathered by the Coast Guard, Customs, rolled out for security without Federal evaluate the policies and practices of INS, and other agencies such as the support. I have tried over and over to sealing empty containers. According to Federal Maritime Commission under focus the attention of the Administra- the Federal Maritime Commission, separate systems. Only the Coast tion on this crucial need and pushed to over 4 million containers were im- Guard and the Navy currently work to- no avail in the Senate to get the re- ported into the United States empty. gether. We lag far behind in this area, sources necessary to address this prob- At a recent hearing, a representative and each agency is operating inde- lem. But to date, I have gotten little from the ILWU longshoremen’s union pendent of others. We are not getting support. In addition to appropriating pointed out that treatment of empties the full picture of what is happening much needed funds for port security, it and the sealing practices of these con- out there. It is crucial that we have the has become apparent that keeping up tainers varied from locale to locale. best information available so that we with security needs at our ports is an This bill would require an analysis of can target our relatively limited re- ever evolving task, and that we may current practices at U.S. ports in order sources with maximum efficiency. Fur- have to refocus our efforts and push to determine what steps need to occur ther, the information has to be dis- harder to ensure that we coordinate in order to make sure that the trans- seminated in a fashion to maximize its our policies and maximize the limited port of empty containers does not utility, while still protecting that in- resources that we have in this area. present a threat of terrorism, and formation which needs to be kept con- Today, in order to keep up with these whether a Federal policy is justified in fidential. Collection and analysis of needs, I am introducing the ‘‘Maritime this area. commercial maritime information is a Transportation Security Act of 2004’’, The bill would require the Adminis- key element of our port security that along with Senator MCCAIN, and Sen- tration to produce a coordinated plan needs more focus and has to be ad- ator BREAUX. I am pleased to have for collecting, analyzing, and dissemi- dressed if we are to adequately protect worked on this with Senator MCCAIN, nating maritime intelligence informa- our Nation. the Chairman of our Committee, as I tion collected by Federal agencies on Importantly, the bill will require the often remark, while he has no coast- ships, cargo, crew members and pas- Administration to come up with cargo line, he has worked with those of us sengers. This intelligence is used to de- security plans to evaluate targeting who do have ports to work on these termine which ships, cargo, or crew systems to determine whether they are crucial port security issues. I am also warrant further inspection. This sec- effective in deterring and protecting pleased to introduce this legislation tion of the bill requires further devel- against potential acts of terrorism with Senator BREAUX, for he has truly opment of a maritime intelligence sys- from cargo. In the event that targeting been one of the leading advocates of tem to collect and analyze information is inadequate protection, DHS would be the importance of maritime shipping concerning the crew, passengers and required to increase the amount of and the merchant marine in the U.S. cargoes carried on vessels operating in cargo being non-intrusively inspected Senate. He has done invaluable work waters under the jurisdiction of the or x-rayed by two over the next year. for us on the Commerce Committee, United States. This mandate essen- The bill would also require the consoli- and is a true expert in the field. He will tially restates existing law since it ap- dation of intermodal cargo security be sorely missed for his expertise on all pears that the agencies have actually programs that have the same security maritime issues, although I am sure, grown further apart since the passage goals while establishing criteria and

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3584 CONGRESSIONAL RECORD — SENATE April 1, 2004 performance goals for these security utilize them to implement area secu- within DHS to be more accountable to programs, which are currently oper- rity plans. Congress for those actions they are ating completely independent of each The bill will also make sure that port taking to develop the types of tech- other, and require certain other cargo security grants are reviewed and ap- nology necessary to address security at security program enhancements. Vol- proved, as was mandated under the our seaports. Importantly, the bill also untary cargo security programs are not terms of the MTSA, and all grants are requires the Coast Guard to evaluate the answer to the important problem of subject to the review of the Coast the security risks and policies very securing our Nation from terrorist at- Guard Captain of the Port, the regional carefully of nuclear facilities on or ad- tacks. Firm standards and goals must Maritime Administration representa- jacent to navigable waterways to en- be in place to ensure that items that tive, and other Transportation Secu- sure that we have security policies in we know we don’t want in marine con- rity Administration security officials place to prevent acts of terrorism from tainers are not actually in marine con- as well as other DHS security experts, occurring from on or under navigable tainers. The legislation will also re- before the grants are approved. This waterways. Most nuclear facilities are quire a report on the amount of actual grant program is not open-ended, it is on or adjacent to navigable waterways, inspections that are being done at for- intended to help the private sector and and I want the Coast Guard to exercise eign seaports. State and municipal governments the highest degree of security in their While the Container Security Initia- achieve compliance with Federally ap- treatment of these facilities and the tive was rolled out with great fanfare proved facility plans and area mari- threat posed as a result of maritime to work with foreign ports to inspect time security plans, and the changes to commerce or the proximity to navi- cargo before they get to U.S. ports, the the statute will ensure that the grant gable waterways. question remains whether we are actu- program operates the way we intended Most importantly, this bill attempts ally getting much bang for the buck. it to operate. to address the fundamental issue that The fundamental question that needs The bill also requires the Maritime will face the nation as we implement to be addressed is whether foreign na- Administration and the State Depart- the MTSA—will sufficient funding be tions have been willing to use their se- ment to evaluate existing foreign as- in place to assure that our ports and curity screening equipment for our sistance programs to determine wheth- agencies will robustly pursue security, benefit, and to what degree have they er the existing aid programs can be uti- or we will have to rely on sham secu- been willing to screen cargo for the lized to help foreign nations achieve rity programs, or efforts severely re- benefit of our Nation. The legislation compliance with the international stricted by funding that result in de will require a report to determine standard set for port security. The minimus or desultory security efforts. When the Senate and House whether this program needs adjust- MTSA requires the Coast Guard to set conferenced on the port security bill in ment, or is a cost-effective measure to up a mechanism to review the practices the fall of 2002, the Senate conferees in- ensure safe cargo movements into the of foreign ports to ensure that they sisted on establishing direct funding U.S., and to update us on the progress have implemented adequate security for port security programs through a in the installation of a system of radi- measures, and ultimately, they can user fee, identical to the airline secu- ation detection at U.S. ports. take steps that would result in the clo- rity fee, which would help defray the Additionally, this legislation will re- sure of commerce from ports in non- significant costs for the new port secu- direct our efforts to help ensure that compliance with international security rity mandates. The Administration de- we can verify that security is in place standards. It is in the best interests of clined to dedicate any resources for to prevent an act of terrorism, and not everyone potentially impacted by such port security, and they declined to sup- place us in a position of having to rely a policy implication, if we review our port the Senate’s user fee. Unable to on documentation and the attestations foreign aid programs to determine reach agreement with the House con- or documentation of third parties in whether aid can be used to implement ferees and the Administration, I agreed order to determine whether we need to the necessary security measures. to authorize just the necessary funds, take actions to protect the public. The The bill also requires the Maritime but the President was required by law Administration has not even started to Administration to work with the Fed- to report to Congress within 6 months implement the certification program eral Law Enforcement Training Center, on a funding proposal to assist States required to certify ‘‘secure systems of FLETC, and other DHS port security and their ports in complying with secu- transportation,’’ 46 U.S.C. 70116, and agencies such as TSA, Coast Guard and rity mandates for Federal security they must get going on this vital ini- Customs to determine how to supple- plans. That report has never been pre- tiative. Otherwise, it would only take ment their training programs to in- pared and is 9 months overdue. one good liar to breach our system of clude a greater familiarization with When the President’s budget for FY defense. Although I understand we can- commercial maritime practices. Port 2004 came out, after the U.S. Coast not inspect every piece of cargo, we security law enforcement is much dif- Guard had estimated that it would have a credible system in place to ac- ferent in the aftermath of September take $7.4 billion of funding in order to tively increase cargo inspections, and 11, and officials involved in regulation comply with the port security require- implement a system that would ulti- and policing shipping will now have to ments, there was no funding for port mately allow us to reopen U.S. ports to approach it from a different perspec- authority compliance in that year’s commerce, in the event of an attack. tive, and to be able to identify anoma- budget resolution. I offered an amend- Additionally, the bill also would re- lies and irregularities, in order to best ment to the FY 2004 Budget Resolution quire a report from the Coast Guard on focus our limited police resources over which was unanimously accepted to the benefits of utilizing joint oper- an immense volume of trade. It is my add $1 billion to help defray the first ational centers at United States sea- understanding that the Maritime Ad- year costs of port security—ultimately ports to implement area security plans. ministration has been utilizing re- it was dropped from Conference. Two This report should incorporate lessons sources at the U.S. Merchant Marine weeks later, the President was pre- learned from the three centers that Academy and working with FLETC to sented with a direct opportunity to have already been established, such as formalize port security training. I fund port security programs: Congres- ‘‘Operation SeaHawk’’ in Charleston, think that this change will help our sional consideration of his emergency SC, and consider which security pro- Federal agencies bolster their existing supplemental appropriations bill to pay grams could be effectively fused into training programs, and achieve a great- for the war in Iraq and bolster home- these joint operational centers. The er understanding of potential security land security. Again, the Administra- Commandant of the Coast Guard would issues that could arise, and will be a tion funding request included no fund- be required by this bill to report on the healthy addition to work already done ing for port authorities to help them effectiveness of these centers for port by the Maritime Administration and comply with the Federal mandate, so I security and determine if it would be FLETC. offered an amendment to add $1 billion beneficial and cost effective to estab- The bill rewrites the DHS mandate to to the supplemental specifically to lish centers in additional areas that conduct research and development, and help ports meet the new security man- pose a significant security risk, and to would require the Science Directorate dates. Despite unanimous approval in

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3585 the Senate 3 weeks earlier, the amend- Sec. 2. In rem liability; enforcement; pier a bond or other surety satisfactory to the ment was opposed by the Administra- and wharf security costs. Secretary. tion and defeated on the Senate floor Sec. 3. Maritime information. ‘‘§ 70119. Security of piers and wharfs Sec. 4. Intermodal cargo security plan. ‘‘(a) IN GENERAL.—Notwithstanding any on a straight party line vote. Sec. 5. Joint operations center for port secu- provision of law, the Secretary shall require Last year, I made another effort to rity. address the port security funding inad- Sec. 6. Maritime transportation security any uncleared, imported merchandise re- equacies during consideration of the plan grants. maining on the wharf or pier onto which it Sec. 7. Assistance for foreign ports. was unladen for more than 5 calendar days to FY 2004 Homeland Security Appropria- be removed from the wharf or pier and depos- tions bill. Again, the Administration Sec. 8. Federal and State commercial mari- time transportation training. ited in the public stores or a general order proposed no funding for port security Sec. 9. Port security research and develop- warehouse, where it shall be inspected for de- grants in their 2004 request, so I offered ment. termination of contents, and thereafter a an amendment to the bill to direct $300 Sec. 10. Nuclear facilities in maritime areas. permit for its delivery may be granted. million specifically to port security Sec. 11. Transportation worker background ‘‘(b) PENALTY.—The Secretary may impose grants without increasing the overall investigation programs. an administrative penalty of $5,000 for each cost of the bill. The Administration op- Sec. 12. Security service fee. bill of lading for general order merchandise remaining on a wharf or pier in violation of posed the funding increase, and the Sec. 13. Port security capital fund. SEC. 2. IN REM LIABILITY; ENFORCEMENT; PIER subsection (a).’’. amendment was defeated largely along AND WHARF SECURITY COSTS. (b) CONFORMING AMENDMENT FOR IN REM LI- party lines with only three Repub- (a) IN GENERAL.—Chapter 701 of title 46, ABILITY PROVISION IN CHAPTER 701.—Section 2 licans supporting the amendment. United States Code, is amended— of the Act of June 15, 1917 (50 U.S.C. 192) is Until this year’s budget the Presi- (1) by redesignating section 70117 as 70120; amended— dent has not requested one dime spe- and (1) by striking ‘‘Act,’’ each place it appears cifically for port security. He has op- (2) by inserting after section 70116 the fol- and inserting ‘‘title,’’; and (2) by adding at the end the following: posed efforts to mandate the funds be lowing: ‘‘(d) IN REM LIABILITY.—Any vessel subject ‘‘§ 70117. In rem liability for civil penalties raised from the users of the system, to the provisions of this title, which is used and certain costs and this year’s budget request is for in violation of this title, or any regulations only $46 million. Despite opposition ‘‘(a) IN GENERAL.—Any vessel subject to issued hereunder, shall be liable in rem for from the White House, Congress has di- the provisions of this chapter, which is used any civil penalty assessed pursuant to sub- in violation of this chapter or any regula- rected appropriations that have re- section (c) and may be proceeded against in tions issued hereunder shall be liable in rem the United States district court for any dis- sulted in grants of $450 million to ports for any civil penalty assessed pursuant to to help ensure compliance with the trict in which such vessel may be found. section 70120 and may be proceeded against ‘‘(e) INJUNCTION.—The United States dis- Federal security mandates, and so I in the United States district court for any trict courts shall have jurisdiction to re- know that this issue is an area of district in which such vessel may be found. strain violations of this title or of regula- major concern. Ultimately, the funding ‘‘(b) REIMBURSABLE COSTS.— tions issued hereunder, for cause shown. issues must be addressed, and this bill ‘‘(1) IN GENERAL.—Any vessel subject to the ‘‘(f) WITHHOLDING OF CLEARANCE.— proposes a user fee to pay for the costs provisions of this chapter shall be liable in ‘‘(1) If any owner, agent, master, officer, or rem for the reimbursable costs incurred by person in charge of a vessel is liable for a of compliance of port security. I had any valid claimant related to implementa- considered the possibility of author- penalty or fine under subsection (c), or if tion and enforcement of this chapter with re- reasonable cause exists to believe that the izing the Administration to either gen- spect to the vessel, including port authori- owner, agent, master, officer, or person in erate funds for port security via a user ties, facility or terminal operators, shipping charge may be subject to a penalty or fine fee, or alternatively mandate that agents, Federal, State, or local government under subsection (c), the Secretary may, funds be directly transferred from agencies, and other persons to whom the with respect to such vessel, refuse or revoke funds collected by Customs duties, but management of the vessel at the port of sup- any clearance required by section 4197 of the because of jurisdictional issues deter- ply is entrusted, and any fine or penalty re- Revised Statutes of the United States (46 lating to reporting requirements of the ves- U.S.C. App. 91). mined not to do so. The maritime in- sel or its cargo, crew, or passengers, and may dustry supports this approach, and I ‘‘(2) Clearance refused or revoked under be proceeded against in the United States this subsection may be granted upon filing of am not opposed to this approach, but district court for any district in which such a bond or other surety satisfactory to the want only to ensure, that one way or vessel may be found. Secretary of the Department in which the another, we have the necessary funding ‘‘(2) REIMBURSABLE COSTS DEFINED.—In this Coast Guard is operating.’’. in place to set up the system of port se- subsection the term ‘reimbursable costs’ (c) EMPTY CONTAINERS.—Within 90 days curity that this nation deserves. Sim- means costs incurred by any service pro- after the date of enactment of this Act, the ply put, there is just too much at stake vider, including port authorities, facility or Secretary of Homeland Security shall review terminal operators, shipping agents, Federal, United States ports and transmit to the Sen- to hope that security emerges. State, or local government agencies, or other This bill seeks to continue the work ate Committee on Commerce, Science, and person to whom the management of the ves- Transportation and the House of Representa- to correct the security and terrorism sel at the port of supply is entrusted, for— tives Committee on Transportation and In- prevention needs at our maritime bor- ‘‘(A) vessel crew on board, or in transit to frastructure a report on the practices and ders. There is much to be done and or from, the vessel under lawful order, in- policies in place to secure shipment of empty there is a continued need for govern- cluding accommodation, detention, transpor- containers. The Secretary shall include in ment and industry cooperation. This tation, and medical expenses; and the report recommendations with respect to bill works on some of that need, yet ‘‘(B) required handling under lawful order whether additional regulations or legislation of cargo or other items on board the vessel. the major need is funding for port secu- is necessary to ensure the safe and secure de- rity, which I hope that we will be able ‘‘§ 70118. Enforcement by injunction or with- livery of cargo and to prevent potential acts holding of clearance of terrorism involving such containers. to address in the Senate very soon. (d) CLERICAL AMENDMENT.—The chapter I ask unanimous consent the text of ‘‘(a) INJUNCTION.—The United States dis- trict courts shall have jurisdiction to re- analysis for chapter 701 of title 46, United the bill to be printed in the RECORD. strain violations of this chapter or of regula- States Code, is amended by striking the last There being no objection, the bill was tions issued hereunder, for cause shown. item and inserting the following: ordered to be printed in the RECORD, as ‘‘(b) WITHHOLDING OF CLEARANCE.— ‘‘70117. In rem liability for civil penalties follows: ‘‘(1) If any owner, agent, master, officer, or and certain costs S. 2279 person in charge of a vessel is liable for a ‘‘70118. Enforcement by injunction or penalty or fine under section 70120, or if rea- withholding of clearance Be it enacted by the Senate and House of Rep- sonable cause exists to believe that the ‘‘70119. Security of piers and wharfs resentatives of the United States of America in owner, agent, master, officer, or person in ‘‘70120. Civil penalty’’. Congress assembled, charge may be subject to a penalty under SEC. 3. MARITIME INFORMATION. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. section 70120, the Secretary may, with re- Within 90 days after the date of enactment (a) SHORT TITLE.—This Act may be cited as spect to such vessel, refuse or revoke any of this Act, the Secretary of Homeland Secu- the ‘‘Maritime Transportation Security Act clearance required by section 4197 of the Re- rity shall submit a report to the Senate of 2004’’. vised Statutes of the United States (46 U.S.C. Committee on Commerce, Science, and (b) TABLE OF CONTENTS.—The table of con- App. 91). Transportation and the House of Representa- tents for this Act is as follows: ‘‘(2) Clearance refused or revoked under tives Committee on Transportation and In- Sec. 1. Short title; table of contents this subsection may be granted upon filing of frastructure that provides a preliminary

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3586 CONGRESSIONAL RECORD — SENATE April 1, 2004 plan for the implementation of section 70113 completion date for the system. In the re- States ports or to be shipped to the United of title 46, United States Code. The plan port, the Secretary shall include a prelimi- States at foreign seaports. shall— nary analysis of any issues related to the in- (c) REPORT AND PLAN FORMATS.—The Sec- (1) provide the identification of Federal stallation of the radiation detection equip- retary and the Inspector General may sub- agencies with maritime information relating ment, as well as a cost estimate for com- mit any plan or report required by this sec- to vessels, crew, passengers, cargo, and cargo pleting installation of the system. tion in both classified and redacted formats shippers; (3) NON-INTRUSIVE INSPECTION AT FOREIGN if the Secretary determines that it is appro- (2) establish a timeline for coordinating PORTS.—A report— priate or necessary. the efforts of those Federal agencies in the (A) on whether and to what extent foreign SEC. 5. JOINT OPERATIONS CENTER FOR PORT collection of maritime information; seaports have been willing to utilize screen- SECURITY. (3) establish a timeline for the incorpora- ing equipment at their ports to screen cargo, The Commandant of the United States tion of information on vessel movements de- including the number of cargo containers Coast Guard shall report to Congress, within rived through the implementation of sec- that have been screened at foreign seaports, 180 days after the date of enactment of this tions 70114 and 70115 of title 46, United States and the ports where they were screened; Act, on the potential benefits of establishing Code; (B) indicating which foreign ports may be joint operational centers for port security at (4) include recommendations on co-locat- willing to utilize their screening equipment certain United States seaports. The report ing agency personnel in order to maximize for cargo exported for import into the United shall consider the 3 Joint Operational Cen- expertise, minimize cost, and avoid redun- States, and a recommendation as to whether, ters that have been established at Norfolk, dancy; and to what extent, United States cargo Charleston, San Diego, and elsewhere and (5) include recommendations on how to le- screening equipment will be required to be compare and contrast their composition and verage information on commercial maritime purchased and stationed at foreign seaports operational characteristics. The report shall information collected by the Department of for inspection; and consider— the Navy, and identify any legal impedi- (C) indicating to what extent additional re- (1) whether it would be beneficial to estab- ments that would prevent or reduce the uti- sources and program changes will be nec- lish linkages to Federal maritime informa- lization of such information outside the De- essary to maximize scrutiny of cargo in for- tion systems established pursuant to section partment of the Navy; eign seaports. 70113 of title 46, United States Code; (6) include recommendations on educating (4) COMPLIANCE WITH SECURITY STANDARD (2) whether the operational centers could Federal officials on commercial maritime PROGRAMS.—A plan to establish, validate, be beneficially utilized to track vessel move- operations in order to facilitate the identi- and ensure compliance with security stand- ments under sections 70114 and 70115 of title fication of security risks posed through com- ards that would require ports, terminals, 46, United States Code; mercial maritime transportation operations; vessel operators, and shippers to adhere to (3) whether the operational centers could (7) include recommendations on how pri- security standards established by or con- be beneficial in the facilitation of inter- vate sector resources could be utilized to col- sistent with the National Transportation modal cargo security programs such as the lect or analyze information, along with a System Security Plan. The plan shall indi- ‘‘Secure Systems of Transportation Pro- preliminary assessment of the availability cate what resources will be utilized, and how gram’’; they would be utilized, to ensure that com- and expertise of private sector resources; (4) the extent to which such operational panies operate in compliance with security (8) include recommendations on how to dis- centers could be beneficial in the operation standards. seminate information collected and analyzed of maritime area security plans and mari- (b) EVALUATION OF CARGO INSPECTION TAR- through Federal maritime security coordi- time area contingency response plans and in GETING SYSTEM FOR INTERNATIONAL INTER- nator while considering the need for non- coordinating the port security activities of MODAL CARGO CONTAINERS.— disclosure of sensitive security information Federal, State, and local officials; and (1) IN GENERAL.—Within 6 months after the (5) include recommendations for the num- and the maximizing of security through the date of enactment of this Act, and annually utilization of State, local, and private secu- ber of centers and their possible location, as thereafter, the Inspector General of the De- well as preliminary cost estimates for the rity personnel; and partment of Homeland Security shall evalu- (9) include recommendations on how the operation of the centers. ate the system used by the Department to SEC. 6. MARITIME TRANSPORTATION SECURITY Department could help support a maritime target international intermodal containers information sharing and analysis center for PLAN GRANTS. for inspection and report the results of the Section 70107(a) of title 46, United States the purpose of collecting information from evaluation to the Senate Committee on Code, is amended to read as follows: public and private entities, along with rec- Commerce, Science, and Transportation and ‘‘(a) IN GENERAL.—The Under Secretary of ommendations on the appropriate levels of the House of Representatives Committee on Homeland Security for Border and Transpor- funding to help disseminate maritime secu- Transportation and Infrastructure. In con- tation Security shall establish a grant pro- rity information to the private sector. ducting the evaluation, the Inspector Gen- gram for making a fair and equitable alloca- SEC. 4. INTERMODAL CARGO SECURITY PLAN. eral shall assess— tion of funds to implement Area Maritime (a) IN GENERAL.—In addition to the plan (A) the effectiveness of the current track- Transportation Security Plans and to help submitted under section 3, within 180 days ing system to determine whether it is ade- fund compliance with Federal security plans after the date of enactment of this Act, the quate to prevent international intermodal among port authorities, facility operators, Secretary of Homeland Security shall sub- containers from being used for purposes of and State and local agencies required to pro- mit a report to the Senate Committee on terrorism; vide security services. Grants shall be made Commerce, Science, and Transportation and (B) the sources of information used by the on the basis of the need to address the House of Representatives Committee on system to determine whether targeting in- vulnerabilities in security subject to review Transportation and Infrastructure con- formation is collected from the best and and comment by the appropriate Federal taining the following: most credible sources and evaluate data Maritime Security Coordinators and the (1) SECURE SYSTEMS OF TRANSPORTATION (46 sources to determine information gaps and Maritime Administration. The grant pro- U.S.C. 70116).—A plan, along with timelines, weaknesses; gram shall take into account national eco- for the implementation of section 70116 of (C) the targeting system for reporting and nomic and strategic defense concerns and title 46, United States Code. The plan shall— analyzing inspection statistics, as well as shall be coordinated with the Director of the (A) provide an update on current efforts by testing effectiveness; Office of Domestic Preparedness to ensure the Department of Homeland Security could (D) the competence and training of em- that the grant process is consistent with be incorporated into the certification proc- ployees operating the system to determine other Department of Homeland Security ess outlined in section 70116 to ensure the whether they are sufficiently capable to de- grant programs.’’. physical screening or inspection of imported tect potential terrorist threats; and SEC. 7. ASSISTANCE FOR FOREIGN PORTS. cargo; (E) whether the system is an effective sys- Section 70109 of title 46, United States (B) provide a preliminary assessment of re- tem to detect potential acts of terrorism and Code, is amended— sources necessary to evaluate and certify whether additional steps need to be taken in (1) by striking ‘‘The Secretary’’ in sub- ‘‘Secure Systems of Transportation’’, and order to remedy deficiencies in targeting section (b) and inserting ‘‘The Administrator the resources necessary to validate that ‘‘Se- international intermodal containers for in- of the Maritime Administration’’; and cure Systems of Transportation’’ are oper- spection. (2) by adding at the end the following: ating in compliance with the certification (2) INCREASE IN INSPECTIONS.—If the Inspec- ‘‘(c) FOREIGN ASSISTANCE PROGRAMS.—The requirements; and tor General determines in any of the reports Administrator of the Maritime Administra- (C) contain an analysis of the feasibility of required by paragraph (1) that the targeting tion, in coordination with the Secretary of establishing a user fee in order to be able to system is insufficiently effective as a means State, shall identify foreign assistance pro- evaluate, certify, and validate ‘‘Secure Sys- of detecting potential acts of terrorism uti- grams that could facilitate implementation tems of Transportation’’. lizing international intermodal containers, of port security antiterrorism measures in (2) RADIATION DETECTORS.—A report on then within 12 months after that report, the foreign countries. The Administrator and the progress in the installation of a system of ra- Secretary of Homeland Security shall double Secretary shall establish a program to uti- diation detection at all major United States the number of containers subjected to intru- lize those programs that are capable of im- seaports, along with a timeline and expected sive or non-intrusive inspection at United plementing port security antiterrorism

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3587 measures at ports in foreign countries that ‘‘(G) applications to apply existing tech- (6) include a description of the funding lev- the Secretary finds, under section 70108, to nologies from other areas or industries to in- els for the research in the preceding, current, lack effective antiterrorism measures.’’. crease overall port security. and next fiscal years. SEC. 8. FEDERAL AND STATE COMMERCIAL MARI- ‘‘(2) IMPLEMENTATION OF TECHNOLOGY.— SEC. 10. NUCLEAR FACILITIES IN MARITIME TIME TRANSPORTATION TRAINING. ‘‘(A) IN GENERAL.—In conjunction with on- AREAS. Section 109 of the Maritime Transportation going efforts to improve security at United (a) WATERWAYS.—Section 70103(b) is Security Act of 2002 (46 U.S.C. 70101 note) is States ports, the Director of the Science and amended by adding at the end thereof the amended— Technology Directorate, in consultation following: (1) by redesignating subsections (c) with other Department of Homeland Secu- ‘‘(5) WATERWAYS LOCATED NEAR NUCLEAR through (f) as subsections (d) through (g), re- rity agencies with responsibility for port se- FACILITIES.— spectively; and curity, may conduct pilot projects at United ‘‘(A) IDENTIFICATION AND SECURITY EVALUA- (2) by inserting after subsection (b) the fol- States ports to test the effectiveness and ap- TION.—The Secretary shall— lowing: plicability of new port security projects, in- ‘‘(i) identify all nuclear facilities on, adja- ‘‘(c) FEDERAL AND STATE COMMERCIAL MAR- cluding— cent to, or in close proximity to navigable ITIME TRANSPORTATION TRAINING.—The Sec- ‘‘(i) testing of new detection and screening waterways that might be damaged by a retary of Transportation shall establish a technologies; transportation security incident; curriculum, to be incorporated into the cur- ‘‘(ii) projects to protect United States ‘‘(ii) in coordination with the Secretary of riculum developed under subsection (a)(1), to ports and infrastructure on or adjacent to educate and instruct Federal and State offi- Energy, evaluate the security plans of each the navigable waters of the United States, such nuclear facility for its adequacy to pro- cials on commercial maritime and inter- including underwater access; and modal transportation. The curriculum shall tect the facility from damage or disruption ‘‘(iii) tools for responding to a terrorist be designed to familiarize those officials from a transportation security incident orig- threat or incident at United States ports and with commercial maritime transportation in inating in the navigable waterway, including infrastructure on or adjacent to the navi- order to facilitate performance of their com- threats posed by navigation, underwater ac- gable waters of the United States, including mercial maritime and intermodal transpor- cess, and the introduction of harmful sub- underwater access. tation security responsibilities. In devel- stances into water coolant systems. ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.— oping the standards for the curriculum, the ‘‘(B) RECTIFICATION OF DEFICIENCIES.—The There are authorized to be appropriated to Secretary shall consult with each agency in Secretary, in coordination with the Sec- the Department of Homeland Security with the Secretary of Homeland Security retary of Energy, shall take such steps as maritime security responsibilities to deter- $35,000,000 for each of fiscal years 2005 may be necessary or appropriate to correct mine areas of educational need. The Sec- through 2009 to carry out pilot projects any deficiencies in security identified in the retary shall also coordinate with the Federal under subparagraph (A). evaluations conducted under subparagraph Law Enforcement Training Center in the de- ‘‘(3) ADMINISTRATIVE PROVISIONS.— (A). velopment of the curriculum and the provi- ‘‘(A) NO DUPLICATION OF EFFORT.—Before ‘‘(C) REPORT.—As soon as practicable after sion of training opportunities for Federal making any grant, the Secretary of Home- completion of the evaluation under subpara- and State law enforcement officials at appro- land Security shall coordinate with other graph (A), the Secretary shall transmit a re- priate law enforcement training facilities. Federal agencies to ensure the grant will not port, in both classified and redacted format, SEC. 9. RESEARCH AND DEVELOPMENT. be used for research and development that is to the Senate Committee on Commerce, already being conducted with Federal fund- (a) IN GENERAL.—Section 70107 of title 46, Science, and Transportation, the House of United States Code, is amended by striking ing. Representatives Committee on Transpor- subsection (i) and inserting the following: ‘‘(B) ACCOUNTING.—The Secretary of Home- tation and Infrastructure, and the House of ‘‘(i) RESEARCH AND DEVELOPMENT.— land Security shall by regulation establish Representatives Select Committee on Home- ‘‘(1) IN GENERAL.—As part of the research accounting, reporting, and review procedures land Security— and development program within the Science to ensure that funds made available under ‘‘(i) describing the results of the identifica- and Technology directorate, the Secretary of paragraph (1) are used for the purpose for tion and evaluation required by subpara- Homeland Security shall conduct investiga- which they were made available, that all ex- graph (A); tions, fund pilot programs, award grants, and penditures are properly accounted for, and ‘‘(ii) describing the actions taken under otherwise conduct research and development that amounts not used for such purposes and subparagraph (B); and across the various portfolios focused on mak- amounts not expended are recovered. ‘‘(iii) evaluating the technology utilized in ing United States ports safer and more se- ‘‘(C) RECORDKEEPING.—Recipients of grants the protection of nuclear facilities (including cure. Research conducted under this sub- shall keep all records related to expenditures any such technology under development).’’. section may include— and obligations of funds provided under para- (b) VESSELS.—Section 70103(c)(3) of title 46, ‘‘(A) methods or programs to increase the graph (1) and make them available upon re- United States Code, is amended— ability to target for inspection vessels, quest to the Inspector General of the Depart- (1) by striking ‘‘and’’ after the semicolon cargo, crewmembers, or passengers that will ment of Homeland Security and the Sec- in subparagraph (F); arrive or have arrived at any port or place in retary of Homeland Security for audit and (2) by striking ‘‘facility.’’ in subparagraph the United States; examination.’’. (G) and inserting ‘‘facility; and’’; and ‘‘(B) equipment to detect accurately explo- (b) ANNUAL REPORT.—Within 30 days after (3) by adding at the end the following: sives, chemical, or biological agents that the beginning of each fiscal year from fiscal ‘‘(H) establish a requirement, coordinated could be used to commit terrorist acts year 2005 through fiscal year 2009, the Direc- with the Department of Energy, for criminal against the United States; tor of the Science and Technology Direc- background checks of all United States and ‘‘(C) equipment to detect accurately nu- foreign seamen employed on vessels trans- torate shall submit a report describing its clear or radiological materials, including porting nuclear materials in the navigable research that can be applied to port security scintillation-based detection equipment ca- waters of the United States.’’. to the Senate Committee on Commerce, pable of signalling the presence of nuclear or SEC. 11. TRANSPORTATION WORKER BACK- radiological materials; Science, and Transportation, the House of GROUND INVESTIGATION PRO- ‘‘(D) improved tags and seal designed for Representatives Committee on Science, and GRAMS. use on shipping containers to track the the House of Representatives Select Com- Within 120 days after the date of enact- transportation of the merchandise in such mittee on Homeland Security. The report ment of this Act, the Secretary of Homeland containers, including ‘smart sensors’ that shall— Security, after consultation with the Sec- are able to track a container throughout its (1) describe any port security-related re- retary of Transportation, shall transmit a entire supply chain, detect hazardous and ra- search, including grants and pilot projects, report to the Senate Committee on Com- dioactive materials within that container, that were conducted in the preceding fiscal merce, Science, and Transportation and the and transmit that information to the appro- year; House of Representatives Committee on priate law enforcement authorities; (2) describe the amount of Department of Transportation and Infrastructure— ‘‘(E) tools, including the use of satellite Homeland Security resources dedicated to (1) making recommendations (including tracking systems, to increase the awareness research that can be applied to port security; legislative recommendations, if appropriate of maritime areas and to identify potential (3) describe the steps taken to coordinate or necessary) for harmonizing, combining, or terrorist threats that could have an impact with other agencies within the Department coordinating requirements, procedures, and on facilities, vessels, and infrastructure on to ensure that research efforts are coordi- programs for conducting background checks or adjacent to navigable waterways, includ- nated with port security efforts; under section 70105 of title 46, United States ing underwater access; (4) describe how the results of the Depart- Code, section 5103a(c) of title 49, United ‘‘(F) tools to mitigate the consequences of ment’s research, as well as port security re- States Code, section 44936 of title 49, United a terrorist act on, adjacent to, or under navi- lated research of the Department of Defense, States Code, and other provisions of Federal gable waters of the United States, including will be implemented in the field, including law or regulations requiring background sensor equipment, and other tools to help co- predicted timetables; checks for individuals engaged in transpor- ordinate effective response to a terrorist ac- (5) lay out the plans for research in the tation or transportation-related activities; tion; and current fiscal year; and and

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3588 CONGRESSIONAL RECORD — SENATE April 1, 2004 (2) setting forth a detailed timeline for im- shall adjust the amount of the fee accord- command and control centers at United plementation of such harmonization, com- ingly. States ports to help coordinate port security bination, or coordination. ‘‘(4) LIMITATION ON COLLECTION.—No fee law enforcement activities and imple- SEC. 12. SECURITY SERVICE FEE. may be collected under this section except to menting Area Maritime Security Plans, and (a) IN GENERAL.—Chapter 701 of title 46, the extent that the expenditure of the fee to may be transferred, as appropriate, to port United States Code, as amended by section 2, pay the costs of activities and services for authorities, facility operators, and State and is further amended by adding at the end the which the fee is imposed is provided for in local government agencies to help them de- following: advance in an appropriations Act. fray costs associated with port security serv- ‘‘(d) ADMINISTRATION OF FEES.— ices; ‘‘§ 70121. Security service fee ‘‘(1) FEES PAYABLE TO SECRETARY.—All fees ‘‘(D) funds shall be made available to the ‘‘(a) IN GENERAL.— imposed and amounts collected under this Under Secretary of Homeland Security for ‘‘(1) SECURITY FEE.—Within 90 days after section are payable to the Secretary. Border and Transportation Security for the the date of enactment of the Maritime ‘‘(2) INFORMATION.—The Secretary may re- costs of implementing cargo security pro- Transportation Security Act of 2004, the Sec- quire the provision of such information as grams, including the costs of certifying se- retary of Homeland Security shall assess and the Secretary decides is necessary to verify cure systems of transportation under section collect an international port security service that fees have been collected and remitted at 70116; fee on commercial maritime transportation the proper times and in the proper amounts. ‘‘(E) funds shall be made available to the entities that benefit from a secure system of ‘‘(e) RECEIPTS CREDITED AS OFFSETTING Under Secretary of Homeland Security for international maritime transportation to COLLECTIONS.—Notwithstanding section 3302 Border and Transportation Security for the pay for the costs of providing port security of title 31, any fee collected under this sec- costs of acquiring and operating nonintru- services. The amount of the fees assessed and tion— sive screening equipment at United States collected under this paragraph and para- ‘‘(1) shall be credited as offsetting collec- ports; and graph (2) shall, in the aggregate, be suffi- tions to the account that finances the activi- ‘‘(F) funds shall be made available to the cient to provide the services and levels of ties and services for which the fee is im- Transportation Security Administration for funding described in section 70122(c). posed; the costs of implementing of section 70113 ‘‘(2) INTERNATIONAL TRANSSHIPMENT SECU- ‘‘(2) shall be available for expenditure only and the collection of commercial maritime RITY FEE.—The Secretary shall also assess to pay the costs of activities and services for intelligence (including the collection of com- and collect an international maritime trans- which the fee is imposed; and mercial maritime transportation informa- shipment security user fee for providing se- ‘‘(3) shall remain available until expended. tion from the private sector), of which a por- curity services for shipments of cargo and ‘‘(f) REFUNDS.—The Secretary may refund tion shall be made available to the Coast transportation of passengers entering the any fee paid by mistake or any amount paid Guard and the Customs Service only for the United States as part of an international in excess of that required. purpose of coordinating the system of col- transportation movement by water through ‘‘(g) SUNSET.—The fees authorized by sub- lecting and analyzing information on vessels, Canadian or Mexican ports at the same rates section (a) may not be assessed after Sep- crew, passengers, cargo, and intermodal ship- as the fee imposed under paragraph (1). The tember 31, 2009.’’. ments. fee authorized by this paragraph shall not be (b) CONFORMING AMENDMENT.—The chapter ‘‘(2) TRANSSHIPMENT FEES.—Amounts in the assessed or collected on transshipments analysis for chapter 701 of title 46, United Fund attributable to fees collected under from— States Code, as amended by section 2, is section 70121(a)(3), shall be made available to (A) Canada after the date on which the amended by adding at the end the following: the Secretary to defray the costs of pro- Secretary determines that an agreement be- ‘‘70121. Security service fee’’. viding international maritime trans- tween the United States and Canada, or SEC. 13. PORT SECURITY CAPITAL FUND. shipment security at the United States bor- (B) Mexico after the date on which the Sec- (a) IN GENERAL.—Chapter 701 of title 46, ders with Canada and Mexico. retary determines that an agreement be- United States Code, as amended by section ‘‘(d) UTILIZATION REPORTS.—The Com- tween the United States and Mexico, 11, is further amended by adding at the end mandant of the Coast Guard and the Sec- has entered into force that will provide the following: retary of Homeland Security shall report an- equivalent security regimes and inter- ‘‘§ 70122. Port security capital fund. nually to the Senate Committee on Com- merce, Science, and Transportation and the national maritime security user fees of the ‘‘(a) IN GENERAL.—There is established United States and that country for trans- within the Department of Homeland Secu- House of Representatives Committee on shipments between the countries. rity a fund to be known as the Port Security Transportation and Infrastructure on utili- ‘‘(b) SCHEDULE OF FEES.—In imposing fees Capital Fund. There are appropriated to the zation of amounts received from the Fund. under subsection (a), the Secretary shall en- Fund such sums as may be derived from the ‘‘(e) LETTERS OF INTENT.—The Secretary of sure that the fees are reasonably related to fees authorized by section 70121(a). Homeland Security, or his delegate, may the costs of providing services rendered and ‘‘(b) PURPOSE.—Amounts in the Fund shall execute letters of intent to commit funding the value of the benefit derived from the con- be available to the Secretary of Homeland to port sponsors from the Fund.’’. tinuation of secure international maritime Security— (f) CONFORMING AMENDMENT.—The chapter transportation. ‘‘(1) to provide financial assistance to port analysis for chapter 701 of title 46, United ‘‘(c) IMPOSITION OF FEE.— authorities, facility operators, and State and States Code, as amended by section 11, is ‘‘(1) IN GENERAL.—Notwithstanding section local agencies required to provide security amended by adding at the end the following: 9701 of title 31 and the procedural require- services to defray capital investment in ‘‘70122. Port security capital fund’’. ments of section 553 of title 5, the Secretary transportation security at port facilities in f shall impose the fees under subsection (a) accordance with the provisions of this chap- through the publication of notice in the Fed- ter; SUBMITTED RESOLUTIONS eral Register and begin collection of the fee ‘‘(2) to provide financial assistance to within 60 days of the date of enactment of those entities required to provide security the Maritime Transportation Security Act of services to help ensure compliance with Fed- SENATE RESOLUTION 327—PRO- 2004, or as soon as possible thereafter. No fee eral area maritime security plans; and VIDING FOR A PROTOCOL FOR shall be assessed more than once, and no fee ‘‘(3) to help defray the costs of Federal port NONPARTISAN CONFIRMATION shall be assessed for international ferry voy- security programs. ages. ‘‘(c) ALLOCATION OF FUNDS.— OF JUDICIAL NOMINEES ‘‘(2) MEANS OF COLLECTION.—The Secretary ‘‘(1) FUNDS DERIVED FROM SECURITY FEES.— Mr. SPECTER submitted the fol- shall prescribe procedures to collect fees From amounts in the Fund attributable to lowing resolution; which was referred under this section. The Secretary may use a fees collected under section 70121(a)(1) and to the Committee on Rules and Admin- department, agency, or instrumentality of (2)— istration: the United States Government or of a State ‘‘(A) no less than $400,000,000 (or such or local government to collect the fee and amount as may be appropriate to reflect any S. RES. 327 may reimburse the department, agency, or modification of the fees under section Whereas, judicial nominations have long instrumentality a reasonable amount for its 70121(c)(3)) shall be made available each fis- been the subject of controversy and delay in services. cal year for grants under section 70107 to the United States Senate; ‘‘(3) SUBSEQUENT MODIFICATION OF FEE.— help ensure compliance with facility secu- Whereas, in the past the controversy over After imposing a fee under subsection (a), rity plans or to help implement Area Mari- judicial nominees has occurred when dif- the Secretary may modify, from time to time Transportation Security Plans; ferent political parties control the White time through publication of notice in the ‘‘(B) funds shall be made available to the House and the Senate; Federal Register, the imposition or collec- Coast Guard for the costs of implementing Whereas, in the current Congress, even tion of such fee, or both. The Secretary shall sections 70114 and 70115 fully by the end of though the White House and the Senate are evaluate the fee annually to determine fiscal year 2006; controlled by the same party, the con- whether it is necessary and appropriate to ‘‘(C) funds shall be made available to the troversy over judicial nominees continues pay the cost of activities and services, and Coast Guard for the costs of establishing and has reached a crisis point;

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3589 Whereas, during the current Administra- stewardship, the controversy has protocol I am proposing is not in con- tion there have for the first time been Sen- reached a new level where for the first crete. I am prepared to discuss it to ate filibusters of nominees to the U.S. Cir- time in the history of the Republic, find ways of working it out. cuit Courts of Appeal; Whereas, the White House has made recess court of appeals nominees have been I had thought of putting in a provi- appointments of two of these filibustered filibustered. The responsibility of the sion that if it was a party line vote in nominees; President has been to use his constitu- the Judiciary Committee, even though Whereas, the minority party has taken the tional authority for interim appoint- there was not a majority in favor of position that further Senate confirmations ments. Those two interim appoint- sending a nominee to the floor, but a of the President’s judicial nominees would be ments have been roundly criticized by party line vote, that it come to the blocked unless the White House gives assur- floor. I have decided to omit that. ances that it will no longer make such recess the Democrats. appointments. And the position has been stated on I had thought about putting a provi- Resolved, the other side of the aisle that there sion in that if the Supreme Court SECTION 1. PROTOCOL FOR NONPARTISAN CON- will be no more confirmations of Fed- nominee did not have a majority, the FIRMATION OF JUDICIAL NOMINEES. eral judges until there is a commit- nominee would come to the floor in (a) TIMETABLES.— ment, an indication, or some state- any event. And I have omitted that. (1) COMMITTEE TIMETABLES.—The Chairman Twice in the past 14 years, nominees of the Committee on the Judiciary, in col- ment, or some understanding that the laboration with the Ranking Member, shall— interim appointments will no longer be have come to the floor of the Senate (A) establish a timetable for hearings for made. for the Supreme Court of the United nominees to the United States district My State of Pennsylvania is very se- States without having a majority vote courts, courts of appeal, and Supreme Court, verely impacted by this controversy. in the Judiciary Committee. But both to occur within 30 days after the names of We have a nomination pending before times—one a 5-to-8 vote, the nominee such nominees have been submitted to the the Senate of a distinguished Federal came to the floor; another time, on a 7– Senate by the President; and (B) establish a timetable for action by the judge, Judge Van Antwerpen, who is 7 tie, there was a 13–1 vote to send the full Committee to occur within 30 days after ready for confirmation. The Court of nominee to the floor. And I have de- the hearings, and for reporting out nominees Appeals for the Third Circuit is badly cided, in the interest of avoiding a con- to the full Senate. understaffed. We have some five nomi- troversy, to omit that. (2) SENATE TIMETABLES.—The Majority nees for the United States District But I ask my colleagues to review Leader shall establish a timetable for action Court for the Eastern District of Penn- this resolution for a protocol and to see by the full Senate to occur within 30 days if we cannot find some way to confirm after the Committee on the Judiciary has re- sylvania awaiting confirmation. There ported out the nominations. again, the courts are in need of the Federal judges without figuring out (b) EXTENSION OF TIMETABLES.— services of these prospective Federal whose ox is being gored. (1) COMMITTEE EXTENSIONS.—The Chairman judges. of the Committee on the Judiciary, with no- The resolution, which I am submit- SENATE RESOLUTION 328—EX- tice to the Ranking Member, may extend by ting today, is a protocol which would PRESSING THE SENSE OF THE a period not to exceed 30 days, the time for call for a hearing in the Judiciary action by the Committee for cause, such as SENATE REGARDING THE CON- the need for more investigation or additional Committee 30 days after a President TINUED HUMAN RIGHTS VIOLA- hearings. submits a nomination; 30 days later, a TIONS COMMITTED BY FIDEL (2) SENATE EXTENSIONS.— vote by the committee; 30 days after CASTRO AND THE GOVERNMENT (A) IN GENERAL.—The Majority Leader, that, floor action in the Senate; 30 days OF CUBA with notice to the Minority Leader, may ex- after that, a decision on the outcome. Mr. NELSON of Florida (for himself tend by a period not to exceed 30 days, the It is true there would not be the op- and Mr. ALLEN) submitted the fol- time for floor action for cause, such as the portunity for filibuster, but the Repub- need for more investigation or additional lowing resolution; which was referred lic has survived for more than 200 years hearings. to the Committee on Foreign Rela- before the filibuster was used. There (B) RECESS PERIOD.—Any day of a recess tions: period of the Senate shall not be included in was one illustration where there was a the extension period described under sub- filibuster for a Supreme Court nomi- S. RES. 328 paragraph (A). nee, but that is really irrelevant to the Whereas, one year ago, in March 2003, Fidel Mr. SPECTER. Mr. President, I have kinds of controversies we have now, or Castro and the Government of Cuba led a na- tionwide campaign to arrest and jail dozens sought recognition to submit a resolu- the situation we are in at the present of prominent democracy activists and critics tion providing for a protocol for the time. of the repressive regime in Cuba; nonpartisan confirmation of judicial Beyond my State of Pennsylvania, Whereas credible nongovernmental observ- nominees. We have come to a crisis sit- there are other States, other circuits, ers report that the imprisoned democracy ac- uation in the Senate on the confirma- having judicial crises, and we ought to tivists include— tion of Federal judges. This has been a take the Federal judicial nominating (1) Osvaldo Alfonso Valdes, sentenced for 18 highly controversial subject since the confirmation process out of the years; beginning of the Republic. There have politicization course, and we ought to (2) Librado Linares Garcia, sentenced for 20 years; been controversies from time to time, try to work this through. (3) Raul Rivero Castaneda, sentenced for 20 pitched debates in the Senate Chamber, It may be that, in August, when years; nominees confirmed and some nomi- there is some uncertainty as to who (4) Martha Beatriz Roque Cabello, sen- nees rejected. will occupy the White House and which tenced for 20 years; The current controversies focused party will control the Senate, that (5) Victor Rolando Arroyo Carmona, sen- significantly in the last 2 years of some accommodation can be reached. tenced for 26 years; President Reagan’s Presidency when But right now litigants are being de- (6) Mijail Barzaga Lugo, sentenced for 15 the Democrats won control of the Sen- nied the prompt disposition of their years; ate in the 1986 elections. For the last 2 cases. It is a well-known maxim that (7) Oscar Elias Biscet, sentenced for 25 years; years of President Reagan’s tenure, the justice delayed is justice denied. It is (8) Margarito Broche Espinosa, sentenced Presidential appointments were slowed my hope that we could find an accom- for 25 years; down. The same thing happened during modation somewhere here to do the (9) Dr. Marcelo Cana Rodriguez, sentenced the 4 years of President George Herbert people’s business. for 18 years; Walker Bush. When President Clinton It is well known that partisanship is (10) Roberto de Miranda Hernandez, sen- was elected, and we had a Democrat in at a very high level in the Congress tenced for 20 years; the White House, when we Republicans today—in the House of Representa- (11) Carmelo Diaz Fernandez, sentenced for gained control of the Senate in the 1994 tives, where there is a narrow margin 18 years; (12) Eduardo Diaz Fleitas, sentenced for 21 elections, President Clinton’s nomina- for the Republicans; and the partisan- years; tions were slowed down. Pretty much a ship here in the Senate, where there is (13) Antonio Diaz Sanchez, sentenced for 20 tit-for-tat situation. a 51–49 majority for the Republicans. years; Now that we have had both the Presi- But we ought to establish a protocol. (14) Alfredo Dominguez Batista, sentenced dency and the Senate under Republican We ought to establish a procedure. The for 14 years;

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3590 CONGRESSIONAL RECORD — SENATE April 1, 2004 (15) Oscar Espinosa Chepe, sentenced for 20 (59) Blas Giraldo Reyes Rodriguez, sen- (B) invite civil society leaders and democ- years; tenced for 25 years; racy activists in Cuba to official events; (16) Alfredo Felipe Fuentes, sentenced for (60) Pedro Pablo Alvarez Ramos, sentenced (5) calls upon the 60th Session of the 26 years; for 25 years; United Nations Commission on Human (17) Efren Fernandez Fernandez, sentenced (61) Alexis Rodriguez Fernandez, sentenced Rights in Geneva from March 15, 2004, to for 12 years; for 15 years; April 23, 2004, to— (18) Adolfo Fernandez Sainz, sentenced for (62) Omar Rodriguez Saludes, sentenced for (A) condemn Cuba for its human rights 15 years; 27 years; abuses; and (19) Jose Daniel Ferrer Garcia, sentenced (63) Pedro Arguelles Moran, sentenced for (B) demand that inspectors from the Inter- for 25 years; 20 years; national Commission of the Red Cross be al- (20) Luis Enrique Ferrer Garcia, sentenced (64) Omar Ruiz Hernandez, sentenced for 18 lowed to visit and inspect the conditions of for 28 years; years; prisons to assess for the international com- (21) Orlando Fundora Alvarez, sentenced (65) Claro Sanchez Albtarriba, sentenced munity the extent of human rights abuses for 20 years; for 15 years; and the current situation in Cuba; and (22) Prospero Gainza Aguero, sentenced for (66) Ariel Sigler Amaya, sentenced for 20 (6) urges the President to direct United 25 years; years; States Representatives at the 60th Session of (23) Miguel Galban Gutierrez, sentenced for (67) Guido Sigler Amaya, sentenced for 20 the Commission on Human Rights to make 26 years; years; the strong condemnation of the human (24) Julio Cesar Galvez Rodriguez, sen- (68) Ricardo Enrique Silva Gual, sentenced rights situation in Cuba a top priority. tenced for 15 years; for 10 years; (25) Jose Luis Garcia Paneque, sentenced (69) Fidel Suarez Cruz, sentenced for 20 f for 24 years; years; AMENDMENTS SUBMITTED AND (26) Edel Jose Garcia Diaz, sentenced for 16 (70) Manuel Ubals Gonzalez, sentenced for PROPOSED years; 20 years; (27) Ricardo Gonzalez Alfonso, sentenced (71) Julio Antonio Valdes Guevara, sen- SA 3007. Mr. TALENT submitted an for 20 years; tenced for 20 years; amendment intended to be proposed to (28) Diosdado Gonzalez Marrero, sentenced (72) Miguel Valdes Tamayo, sentenced for amendment SA 2961 submitted by Mr. TAL- for 20 years; 15 years; ENT and intended to be proposed to the bill (29) Lester Gonzalez Penton, sentenced for (73) Hector Raul Valle Hernandez, sen- H.R. 4, to reauthorize and improve the pro- 20 years; tenced for 12 years; gram of block grants to States for temporary (30) Alejandro Gonzalez Raga, sentenced (74) Manuel Vazquez Portal, sentenced for assistance for needy families, improve access for 14 years; 18 years; and to quality child care, and for other purposes; (31) Jorge Luis Gonzalez Tanquero, sen- (75) Antonio Augusto Villarreal Acosta, which was ordered to lie on the table. tenced for 20 years; sentenced for 15 years; SA 3008. Mr. TALENT submitted an (32) Leonel Grave de Peralta Almenares, Whereas the imprisoned political oppo- amendment intended to be proposed to sentenced for 20 years; nents of Castro include librarians, journal- amendment SA 2960 submitted by Mr. TAL- (33) Ivan Hernandez Carrillo, sentenced for ists, poets, and others who have supported ENT and intended to be proposed to the bill 25 years; the Varela Project, which seeks to bring free H.R. 4, supra; which was ordered to lie on the (34) Normando Hernandez Gonzalez, sen- speech, open elections, and democracy to table. tenced for 25 years; Cuba; SA 3009. Mr. ROCKEFELLER (for himself (35) Juan Carlos Herrera Acosta, sentenced Whereas Fidel Castro seized the oppor- and Mr. NELSON, of Nebraska) submitted an for 20 years; tunity to expand his brutal oppression of the amendment intended to be proposed to (36) Regis Iglesias Ramirez, sentenced for people of Cuba while the attention of the amendment SA 2947 submitted by Ms. MUR- 18 years; United States and other nations around the KOWSKI and intended to be proposed to the (37) Jose Ubaldo Izquierdo Hernandez, sen- world was focused on the war in Iraq; bill H.R. 4, supra; which was ordered to lie on tenced for 16 years; Whereas the failure to condemn the Gov- the table. (38) Reinaldo Labrada Pena, sentenced for 6 ernment of Cuba’s continued political repres- f years; sion of democracy activists will further un- (39) Nelson Alberto Aguiar Ramirez, sen- dermine the opportunity for freedom on the TEXT OF AMENDMENTS tenced for 13 years; island; and SA 3007. Mr. TALENT submitted an (40) Marcelo Lopez Banobre, sentenced for Whereas the international community amendment intended to be proposed to 15 years; missed an opportunity to speak against such amendment SA 2961 submitted by Mr. (41) Jose Miguel Martinez Hernandez, sen- brutal repression in a meaningful manner TALENT and intended to be proposed to tenced for 13 years; during the 59th Session of the United Na- (42) Hector Maseda Gutierrez, sentenced for tions Commission on Human Rights held in the bill H.R. 4, to reauthorize and im- 20 years; Geneva, Switzerland, from March 17, 2003, prove the program of block grants to (43) Mario Enrique Mayo Hernandez, sen- through April 23, 2003: Now, therefore, be it States for temporary assistance for tenced for 20 years; Resolved, That the Senate— needy families, improve access to qual- (44) Dr. Luis Milan Fernandez, sentenced (1) reaffirms— ity child care, and for other purposes; for 13 years; (A) Senate Resolution 272, 107th Congress, which was ordered to lie on the table; (45) Nelson Moline Espino, sentenced for 20 unanimously agreed to June 10, 2002, calling as follows: years; for, among other things, amnesty for all po- (46) Angel Juan Moya Acosta, sentenced litical prisoners in Cuba; On page 2 of the amendment, strike lines 4 for 20 years; (B) Senate Resolution 97, 108th Congress, through 7, and insert the following: (47) Jesus Mustafa Felipe, sentenced for 25 unanimously agreed to April 7, 2003, con- ‘‘(i) 15 percent for fiscal year 2004; years; demning the crackdown on democracy activ- ‘‘(ii) 25 percent for fiscal year 2005; (48) Felix Navarro Rodriguez, sentenced for ists in Cuba; and ‘‘(iii) 35 percent for fiscal year 2006; 25 years; (C) Senate Resolution 62, 108th Congress, ‘‘(iv) 45 percent for fiscal year 2007;’’. (49) Jorge Olivera Castillo, sentenced for 18 unanimously agreed to June 27, 2003, calling years; upon the Organization of American States SA 3008. Mr. TALENT submitted an (50) Pablo Pacheco Avila, sentenced for 20 Inter-American Commission on Human amendment intended to be proposed to years; Rights, the United Nations High Commis- amendment SA 2960 submitted by Mr. (51) Hector Palacios Ruiz, sentenced for 25 sioner for Human Rights, the European TALENT and intended to be proposed to years; Union, and human rights activists through- the bill H.R. 4, to reauthorize and im- (52) Arturo Perez de Alejo Rodriguez, sen- out the world to take certain actions in re- prove the program of block grants to tenced for 20 years; gard to the human rights situation in Cuba; States for temporary assistance for (53) Omar Pernet Hernandez, sentenced for (2) calls on the Government of Cuba to im- needy families, improve access to qual- 25 years; mediately release individuals imprisoned for (54) Horacio Julio Pina Borrego, sentenced political purposes; ity child care, and for other purposes; for 20 years; (3) praises the bravery of those Cubans which was ordered to lie on the table; (55) Fabio Prieto Llorente, sentenced for 20 who, because they practiced free speech and as follows: years; signed the Varela Project petition, have been On page 2 of the amendment, strike lines 17 (56) Alfredo Pulido Lopez, sentenced for 14 targeted in this most recent government through 24, and insert the following: ‘‘least years; crackdown; 20, but less than 24, hours per week in a (57) Jose Gabriel Ramon Castillo, sen- (4) calls on foreign governments to— month, as 0.675 of a family. tenced for 20 years; (A) increase the pressure on the Govern- ‘‘(ii) In the case of a family in which the (58) Arnaldo Ramos Lauzerique, sentenced ment of Cuba to improve its record on total number of hours in which any adult re- for 18 years; human rights in Cuba; and cipient or minor child head of household in

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3591 the family is participating in such work ac- (9) in paragraph (10) (as so redesignated), and foreign taxes shall be taken into account tivities for an average of at least 24, but less by striking ‘‘2004’’ and inserting ‘‘2005’’. as expenses in determining pre-tax profit than 33, hours per week in a month, as 0.75 of (b) CONFORMING AMENDMENTS.—Section under subparagraph (B)(ii). a family.’’. 401(a) of such Act (42 U.S.C. 1396d note) is ‘‘(2) SPECIAL RULES FOR TRANSACTIONS WITH amended— TAX-INDIFFERENT PARTIES.— SA 3009. Mr. ROCKEFELLER (for (1) in paragraph (1), by striking ‘‘paragraph ‘‘(A) SPECIAL RULES FOR FINANCING TRANS- himself and Mr. NELSON of Nebraska) (5)’’ and inserting ‘‘paragraph (6)’’; ACTIONS.—The form of a transaction which is submitted an amendment intended to (2) in paragraph (2), by striking ‘‘paragraph in substance the borrowing of money or the be proposed to amendment SA 2947 sub- (5)’’ and inserting ‘‘paragraph (6)’’; acquisition of financial capital directly or (3) in paragraph (4) (as so redesignated), by mitted by Ms. MURKOWSKI and intended indirectly from a tax-indifferent party shall striking ‘‘paragraphs (5), (6), and (7)’’ and in- to be proposed to the bill H.R. 4, to re- not be respected if the present value of the serting ‘‘paragraphs (6), (7), and (8)’’; deductions to be claimed with respect to the authorize and improve the program of (4) in paragraph (5) (as so redesignated), by block grants to States for temporary transaction is substantially in excess of the striking ‘‘paragraphs (6) and (7)’’ and insert- present value of the anticipated economic re- assistance for needy families, improve ing ‘‘paragraphs (7) and (8)’’; and turns of the person lending the money or access to quality child care, and for (5) in paragraph (7) (as so redesignated)— providing the financial capital. A public of- (A) by striking ‘‘paragraph (4)’’ each place other purposes; which was ordered to fering shall be treated as a borrowing, or an it appears and inserting ‘‘paragraph (5)’’; and lie on the table; as follows: acquisition of financial capital, from a tax- (B) by striking ‘‘paragraph (3)’’ each place At the end of the amendment, add the fol- indifferent party if it is reasonably expected lowing: it appears and inserting ‘‘paragraph (4)’’. (c) RETROACTIVE EFFECTIVE DATE.—The that at least 50 percent of the offering will be TITLE ll—TEMPORARY STATE FISCAL amendments made by subsections (a) and (b) placed with tax-indifferent parties. RELIEF shall take effect as if included in the enact- ‘‘(B) ARTIFICIAL INCOME SHIFTING AND BASIS Subtitle A—Extension of Temporary Increase ment of section 401 of the Jobs and Growth ADJUSTMENTS.—The form of a transaction of the Medicaid FMAP Tax Relief Reconciliation Act of 2003 (42 with a tax-indifferent party shall not be re- SEC. ll01. EXTENSION OF TEMPORARY IN- U.S.C. 1396d note). spected if— CREASE OF THE MEDICAID FMAP. Subtitle B—Clarification of Economic Sub- ‘‘(i) it results in an allocation of income or (a) IN GENERAL.—Section 401(a) of the Jobs stance Doctrine and Related Penalty Provi- gain to the tax-indifferent party in excess of and Growth Tax Relief Reconciliation Act of sions such party’s economic income or gain, or 2003 (42 U.S.C. 1396d note) is amended— SEC. ll10. AMENDMENT OF 1986 CODE. ‘‘(ii) it results in a basis adjustment or (1) in the subsection heading, by striking Except as otherwise expressly provided, shifting of basis on account of overstating ‘‘$10,000,000,000 FOR A’’; whenever in this subtitle an amendment or the income or gain of the tax-indifferent (2) in paragraph (2)— repeal is expressed in terms of an amend- party. (A) in the paragraph heading, by striking ment to, or repeal of, a section or other pro- ‘‘(3) DEFINITIONS AND SPECIAL RULES.—For ‘‘FIRST 3 QUARTERS OF’’; and vision, the reference shall be considered to purposes of this subsection— (B) by striking ‘‘the first, second, and third be made to a section or other provision of ‘‘(A) ECONOMIC SUBSTANCE DOCTRINE.—The calendar quarters’’ and inserting ‘‘each cal- the Internal Revenue Code of 1986. term ‘economic substance doctrine’ means endar quarter’’; SEC. ll11. CLARIFICATION OF ECONOMIC SUB- the common law doctrine under which tax (3) by redesignating paragraphs (3) through STANCE DOCTRINE. benefits under subtitle A with respect to a (9) as paragraphs (4) through (10), respec- (a) IN GENERAL.—Section 7701 is amended transaction are not allowable if the trans- tively; by redesignating subsection (n) as subsection action does not have economic substance or (4) by inserting after paragraph (2), the fol- (o) and by inserting after subsection (m) the lacks a business purpose. lowing: following new subsection: ‘‘(B) TAX-INDIFFERENT PARTY.—The term ‘‘(3) PERMITTING MAINTENANCE OF FISCAL ‘‘(n) CLARIFICATION OF ECONOMIC SUB- ‘tax-indifferent party’ means any person or YEAR 2004 FMAP FOR FIRST 3 QUARTERS OF FIS- STANCE DOCTRINE; ETC.— entity not subject to tax imposed by subtitle CAL YEAR 2005.—Subject to paragraph (6), if ‘‘(1) GENERAL RULES.— A. A person shall be treated as a tax-indif- the FMAP determined without regard to this ‘‘(A) IN GENERAL.—In any case in which a ferent party with respect to a transaction if subsection for a State for fiscal year 2005 is court determines that the economic sub- the items taken into account with respect to less than the FMAP as so determined for fis- stance doctrine is relevant for purposes of the transaction have no substantial impact cal year 2004, the FMAP for the State for fis- this title to a transaction (or series of trans- on such person’s liability under subtitle A. cal year 2004 shall be substituted for the actions), such transaction (or series of trans- ‘‘(C) EXCEPTION FOR PERSONAL TRANS- State’s FMAP for the first, second, and third actions) shall have economic substance only ACTIONS OF INDIVIDUALS.—In the case of an calendar quarters of fiscal year 2005, before if the requirements of this paragraph are individual, this subsection shall apply only the application of this subsection.’’; met. to transactions entered into in connection (5) in paragraph (4) (as so redesignated)— ‘‘(B) DEFINITION OF ECONOMIC SUBSTANCE.— with a trade or business or an activity en- (A) in the paragraph heading, by striking For purposes of subparagraph (A)— gaged in for the production of income. ‘‘(i) IN GENERAL.—A transaction has eco- ‘‘AND FIRST 3 CALENDAR QUARTERS OF FISCAL ‘‘(D) TREATMENT OF LESSORS.—In applying YEAR 2004’’ and inserting ‘‘, EACH CALENDAR nomic substance only if— paragraph (1)(B)(ii) to the lessor of tangible ‘‘(I) the transaction changes in a meaning- QUARTER OF FISCAL YEAR 2004, AND FIRST 3 CAL- property subject to a lease— ful way (apart from Federal tax effects) the ENDAR QUARTERS OF FISCAL YEAR 2005’’; and ‘‘(i) the expected net tax benefits with re- taxpayer’s economic position, and (B) by striking ‘‘and for the first, second, spect to the leased property shall not include ‘‘(II) the taxpayer has a substantial nontax and third calendar quarters of fiscal year the benefits of— purpose for entering into such transaction 2004, the FMAP (taking into account the ap- ‘‘(I) depreciation, and the transaction is a reasonable means of plication of paragraphs (1) and (2))’’ and in- ‘‘(II) any tax credit, or accomplishing such purpose. serting ‘‘, each calendar quarter of fiscal ‘‘(III) any other deduction as provided in year 2004, and the first, second, and third cal- In applying subclause (II), a purpose of guidance by the Secretary, and endar quarters of fiscal year 2005, the FMAP achieving a financial accounting benefit ‘‘(ii) subclause (II) of paragraph (1)(B)(ii) (taking into account the application of para- shall not be taken into account in deter- shall be disregarded in determining whether graphs (1), (2), and (3))’’; mining whether a transaction has a substan- any of such benefits are allowable. (6) in paragraph (5) (as so redesignated), by tial nontax purpose if the origin of such fi- ‘‘(4) OTHER COMMON LAW DOCTRINES NOT AF- striking ‘‘ and the first, second, and third nancial accounting benefit is a reduction of FECTED.—Except as specifically provided in calendar quarters of fiscal year 2004’’ and in- income tax. this subsection, the provisions of this sub- serting ‘‘each calendar quarter of fiscal year ‘‘(ii) SPECIAL RULE WHERE TAXPAYER RELIES section shall not be construed as altering or 2004, and the first, second, and third calendar ON PROFIT POTENTIAL.—A transaction shall supplanting any other rule of law, and the quarters of fiscal year 2005’’; not be treated as having economic substance requirements of this subsection shall be con- (7) in paragraph (7) (as so redesignated), by by reason of having a potential for profit un- strued as being in addition to any such other adding at the end the following: less— rule of law. ‘‘(D) SPECIAL RULE.—During the period ‘‘(I) the present value of the reasonably ex- ‘‘(5) REGULATIONS.—The Secretary shall that begins on July 1, 2004, and ends on June pected pre-tax profit from the transaction is prescribe such regulations as may be nec- 30, 2005, subparagraphs (A) and (B) shall be substantial in relation to the present value essary or appropriate to carry out the pur- applied by substituting ‘January 1, 2004’ for of the expected net tax benefits that would poses of this subsection. Such regulations ‘September 2, 2003’ each place it appears.’’; be allowed if the transaction were respected, may include exemptions from the applica- (8) in paragraph (8) (as so redesignated), by and tion of this subsection.’’. striking ‘‘ and the first, second and third cal- ‘‘(II) the reasonably expected pre-tax profit endar quarters of fiscal year 2004’’ and in- from the transaction exceeds a risk-free rate (b) EFFECTIVE DATE.—The amendments serting ‘‘each calendar quarter of fiscal year of return. made by this section shall apply to trans- 2004, and the first, second, and third calendar ‘‘(C) TREATMENT OF FEES AND FOREIGN actions entered into after the date of the en- quarters of fiscal year 2005’’; and TAXES.—Fees and other transaction expenses actment of this Act.

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3592 CONGRESSIONAL RECORD — SENATE April 1, 2004 SEC. ll12. PENALTY FOR FAILING TO DISCLOSE cretion of the Commissioner and may be del- SEC. ll13. ACCURACY-RELATED PENALTY FOR REPORTABLE TRANSACTION. egated only to the head of the Office of Tax LISTED TRANSACTIONS AND OTHER (a) IN GENERAL.—Part I of subchapter B of Shelter Analysis. The Commissioner, in the REPORTABLE TRANSACTIONS HAV- chapter 68 (relating to assessable penalties) Commissioner’s sole discretion, may estab- ING A SIGNIFICANT TAX AVOIDANCE PURPOSE. is amended by inserting after section 6707 lish a procedure to determine if a penalty (a) IN GENERAL.—Subchapter A of chapter the following new section: should be referred to the Commissioner or 68 is amended by inserting after section 6662 ‘‘SEC. 6707A. PENALTY FOR FAILURE TO INCLUDE the head of such Office for a determination the following new section: REPORTABLE TRANSACTION INFOR- under paragraph (1). MATION WITH RETURN OR STATE- ‘‘SEC. 6662A. IMPOSITION OF ACCURACY-RE- ‘‘(3) NO APPEAL.—Notwithstanding any MENT. other provision of law, any determination LATED PENALTY ON UNDERSTATE- ‘‘(a) IMPOSITION OF PENALTY.—Any person MENTS WITH RESPECT TO REPORT- under this subsection may not be reviewed in who fails to include on any return or state- ABLE TRANSACTIONS. any administrative or judicial proceeding. ment any information with respect to a re- ‘‘(a) IMPOSITION OF PENALTY.—If a taxpayer ‘‘(4) RECORDS.—If a penalty is rescinded portable transaction which is required under has a reportable transaction understatement under paragraph (1), the Commissioner shall section 6011 to be included with such return for any taxable year, there shall be added to place in the file in the Office of the Commis- or statement shall pay a penalty in the the tax an amount equal to 20 percent of the sioner the opinion of the Commissioner or amount determined under subsection (b). amount of such understatement. the head of the Office of Tax Shelter Anal- ‘‘(b) AMOUNT OF PENALTY.— ‘‘(b) REPORTABLE TRANSACTION UNDER- ysis with respect to the determination, in- ‘‘(1) IN GENERAL.—Except as provided in STATEMENT.—For purposes of this section— cluding— paragraphs (2) and (3), the amount of the ‘‘(1) IN GENERAL.—The term ‘reportable ‘‘(A) the facts and circumstances of the penalty under subsection (a) shall be $50,000. transaction understatement’ means the sum transaction, ‘‘(2) LISTED TRANSACTION.—The amount of of— ‘‘(B) the reasons for the rescission, and the penalty under subsection (a) with respect ‘‘(A) the product of— ‘‘(C) the amount of the penalty rescinded. to a listed transaction shall be $100,000. ‘‘(i) the amount of the increase (if any) in ‘‘(5) REPORT.—The Commissioner shall ‘‘(3) INCREASE IN PENALTY FOR LARGE ENTI- taxable income which results from a dif- each year report to the Committee on Ways TIES AND HIGH NET WORTH INDIVIDUALS.— ference between the proper tax treatment of and Means of the House of Representatives ‘‘(A) IN GENERAL.—In the case of a failure an item to which this section applies and the and the Committee on Finance of the Sen- under subsection (a) by— taxpayer’s treatment of such item (as shown ate— ‘‘(i) a large entity, or on the taxpayer’s return of tax), and ‘‘(A) a summary of the total number and ‘‘(ii) the highest rate of tax imposed by ‘‘(ii) a high net worth individual, aggregate amount of penalties imposed, and section 1 (section 11 in the case of a taxpayer the penalty under paragraph (1) or (2) shall rescinded, under this section, and which is a corporation), and be twice the amount determined without re- ‘‘(B) a description of each penalty re- ‘‘(B) the amount of the decrease (if any) in gard to this paragraph. scinded under this subsection and the rea- the aggregate amount of credits determined ‘‘(B) LARGE ENTITY.—For purposes of sub- sons therefor. paragraph (A), the term ‘large entity’ means, ‘‘(e) PENALTY REPORTED TO SEC.—In the under subtitle A which results from a dif- with respect to any taxable year, a person case of a person— ference between the taxpayer’s treatment of (other than a natural person) with gross re- ‘‘(1) which is required to file periodic re- an item to which this section applies (as ceipts in excess of $10,000,000 for the taxable ports under section 13 or 15(d) of the Securi- shown on the taxpayer’s return of tax) and year in which the reportable transaction oc- ties Exchange Act of 1934 or is required to be the proper tax treatment of such item. curs or the preceding taxable year. Rules consolidated with another person for pur- For purposes of subparagraph (A), any reduc- similar to the rules of paragraph (2) and sub- poses of such reports, and tion of the excess of deductions allowed for paragraphs (B), (C), and (D) of paragraph (3) ‘‘(2) which— the taxable year over gross income for such of section 448(c) shall apply for purposes of ‘‘(A) is required to pay a penalty under this year, and any reduction in the amount of this subparagraph. section with respect to a listed transaction, capital losses which would (without regard ‘‘(C) HIGH NET WORTH INDIVIDUAL.—For pur- ‘‘(B) is required to pay a penalty under sec- to section 1211) be allowed for such year, poses of subparagraph (A), the term ‘high net tion 6662A with respect to any reportable shall be treated as an increase in taxable in- worth individual’ means, with respect to a transaction at a rate prescribed under sec- come. reportable transaction, a natural person tion 6662A(c), or ‘‘(2) ITEMS TO WHICH SECTION APPLIES.—This whose net worth exceeds $2,000,000 imme- ‘‘(C) is required to pay a penalty under sec- section shall apply to any item which is at- diately before the transaction. tion 6662B with respect to any noneconomic tributable to— ‘‘(c) DEFINITIONS.—For purposes of this sec- substance transaction, ‘‘(A) any listed transaction, and tion— the requirement to pay such penalty shall be ‘‘(B) any reportable transaction (other ‘‘(1) REPORTABLE TRANSACTION.—The term disclosed in such reports filed by such person than a listed transaction) if a significant ‘reportable transaction’ means any trans- for such periods as the Secretary shall speci- purpose of such transaction is the avoidance action with respect to which information is fy. Failure to make a disclosure in accord- or evasion of Federal income tax. required to be included with a return or ance with the preceding sentence shall be ‘‘(c) HIGHER PENALTY FOR NONDISCLOSED statement because, as determined under reg- treated as a failure to which the penalty LISTED AND OTHER AVOIDANCE TRANS- ulations prescribed under section 6011, such under subsection (b)(2) applies. ACTIONS.— transaction is of a type which the Secretary ‘‘(f) COORDINATION WITH OTHER PEN- ‘‘(1) IN GENERAL.—Subsection (a) shall be determines as having a potential for tax ALTIES.—The penalty imposed by this section applied by substituting ‘30 percent’ for ‘20 avoidance or evasion. is in addition to any penalty imposed under percent’ with respect to the portion of any ‘‘(2) LISTED TRANSACTION.—Except as pro- this title.’’. reportable transaction understatement with vided in regulations, the term ‘listed trans- (b) DISCLOSURE BY SECRETARY.— respect to which the requirement of section action’ means a reportable transaction (1) IN GENERAL.—Section 6103 is amended 6664(d)(2)(A) is not met. which is the same as, or substantially simi- by redesignating subsection (q) as subsection ‘‘(2) RULES APPLICABLE TO ASSERTION AND lar to, a transaction specifically identified (r) and by inserting after subsection (p) the COMPROMISE OF PENALTY.— by the Secretary as a tax avoidance trans- following new subsection: ‘‘(A) IN GENERAL.—Only upon the approval action for purposes of section 6011. ‘‘(q) DISCLOSURE RELATING TO PAYMENTS OF by the Chief Counsel for the Internal Rev- ‘‘(d) AUTHORITY TO RESCIND PENALTY.— CERTAIN PENALTIES.—Notwithstanding any enue Service or the Chief Counsel’s delegate other provision of this section, the Secretary ‘‘(1) IN GENERAL.—The Commissioner of In- at the national office of the Internal Rev- shall make public the name of any person re- ternal Revenue may rescind all or any por- enue Service may a penalty to which para- quired to pay a penalty described in section tion of any penalty imposed by this section graph (1) applies be included in a 1st letter of 6707A(e)(2) and the amount of the penalty.’’. with respect to any violation if— proposed deficiency which allows the tax- (2) RECORDS.—Section 6103(p)(3)(A) is ‘‘(A) the violation is with respect to a re- payer an opportunity for administrative re- amended by striking ‘‘or (n)’’ and inserting portable transaction other than a listed view in the Internal Revenue Service Office ‘‘(n), or (q)’’. transaction, of Appeals. If such a letter is provided to the (c) CONFORMING AMENDMENT.—The table of ‘‘(B) the person on whom the penalty is im- sections for part I of subchapter B of chapter taxpayer, only the Commissioner of Internal posed has a history of complying with the re- 68 is amended by inserting after the item re- Revenue may compromise all or any portion quirements of this title, lating to section 6707 the following: of such penalty. ‘‘(C) it is shown that the violation is due to ‘‘(B) APPLICABLE RULES.—The rules of para- an unintentional mistake of fact; ‘‘Sec. 6707A. Penalty for failure to include re- graphs (2), (3), (4), and (5) of section 6707A(d) ‘‘(D) imposing the penalty would be portable transaction informa- shall apply for purposes of subparagraph (A). against equity and good conscience, and tion with return or state- ‘‘(d) DEFINITIONS OF REPORTABLE AND LIST- ‘‘(E) rescinding the penalty would promote ment.’’. ED TRANSACTIONS.—For purposes of this sec- compliance with the requirements of this (d) EFFECTIVE DATE.—The amendments tion, the terms ‘reportable transaction’ and title and effective tax administration. made by this section shall apply to returns ‘listed transaction’ have the respective ‘‘(2) DISCRETION.—The exercise of authority and statements the due date for which is meanings given to such terms by section under paragraph (1) shall be at the sole dis- after the date of the enactment of this Act. 6707A(c).

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‘‘(e) SPECIAL RULES.— ‘‘(C) the taxpayer reasonably believed that ‘‘(C) TAX SHELTER.—For purposes of sub- ‘‘(1) COORDINATION WITH PENALTIES, ETC., ON such treatment was more likely than not the paragraph (B), the term ‘tax shelter’ means— OTHER UNDERSTATEMENTS.—In the case of an proper treatment. ‘‘(i) a partnership or other entity, understatement (as defined in section A taxpayer failing to adequately disclose in ‘‘(ii) any investment plan or arrangement, 6662(d)(2))— accordance with section 6011 shall be treated or ‘‘(A) the amount of such understatement as meeting the requirements of subparagraph ‘‘(iii) any other plan or arrangement, (determined without regard to this para- (A) if the penalty for such failure was re- if a significant purpose of such partnership, graph) shall be increased by the aggregate scinded under section 6707A(d). entity, plan, or arrangement is the avoid- amount of reportable transaction under- ‘‘(3) RULES RELATING TO REASONABLE BE- ance or evasion of Federal income tax.’’. statements and noneconomic substance LIEF.—For purposes of paragraph (2)(C)— (3) Section 6662(d)(2) is amended by strik- transaction understatements for purposes of ‘‘(A) IN GENERAL.—A taxpayer shall be ing subparagraphs (C) and (D). determining whether such understatement is treated as having a reasonable belief with re- (4) Section 6664(c)(1) is amended by strik- a substantial understatement under section spect to the tax treatment of an item only if ing ‘‘this part’’ and inserting ‘‘section 6662 or 6662(d)(1), and such belief— 6663’’. ‘‘(B) the addition to tax under section ‘‘(i) is based on the facts and law that exist (5) Subsection (b) of section 7525 is amend- 6662(a) shall apply only to the excess of the at the time the return of tax which includes ed by striking ‘‘section 6662(d)(2)(C)(iii)’’ and amount of the substantial understatement such tax treatment is filed, and inserting ‘‘section 1274(b)(3)(C)’’. (if any) after the application of subparagraph ‘‘(ii) relates solely to the taxpayer’s (6)(A) The heading for section 6662 is (A) over the aggregate amount of reportable chances of success on the merits of such amended to read as follows: transaction understatements and non- treatment and does not take into account ‘‘SEC. 6662. IMPOSITION OF ACCURACY-RELATED economic substance transaction understate- the possibility that a return will not be au- PENALTY ON UNDERPAYMENTS.’’. ments. dited, such treatment will not be raised on (B) The table of sections for part II of sub- ‘‘(2) COORDINATION WITH OTHER PENALTIES.— audit, or such treatment will be resolved chapter A of chapter 68 is amended by strik- ‘‘(A) APPLICATION OF FRAUD PENALTY.—Ref- through settlement if it is raised. ing the item relating to section 6662 and in- erences to an underpayment in section 6663 ‘‘(B) CERTAIN OPINIONS MAY NOT BE RELIED serting the following new items: shall be treated as including references to a UPON.— reportable transaction understatement and a ‘‘(i) IN GENERAL.—An opinion of a tax advi- ‘‘Sec. 6662. Imposition of accuracy-related noneconomic substance transaction under- sor may not be relied upon to establish the penalty on underpayments. statement. reasonable belief of a taxpayer if— ‘‘Sec. 6662A. Imposition of accuracy-related ‘‘(B) NO DOUBLE PENALTY.—This section ‘‘(I) the tax advisor is described in clause penalty on understatements shall not apply to any portion of an under- (ii), or with respect to reportable statement on which a penalty is imposed ‘‘(II) the opinion is described in clause (iii). transactions.’’. under section 6662B or 6663. ‘‘(ii) DISQUALIFIED TAX ADVISORS.—A tax (e) EFFECTIVE DATE.—The amendments ‘‘(3) SPECIAL RULE FOR AMENDED RETURNS.— advisor is described in this clause if the tax made by this section shall apply to taxable Except as provided in regulations, in no advisor— years ending after the date of the enactment event shall any tax treatment included with ‘‘(I) is a material advisor (within the mean- of this Act. an amendment or supplement to a return of ing of section 6111(b)(1)) who participates in SEC. ll14. PENALTY FOR UNDERSTATEMENTS tax be taken into account in determining the the organization, management, promotion, ATTRIBUTABLE TO TRANSACTIONS amount of any reportable transaction under- or sale of the transaction or who is related LACKING ECONOMIC SUBSTANCE, statement or noneconomic substance trans- (within the meaning of section 267(b) or ETC. action understatement if the amendment or 707(b)(1)) to any person who so participates, (a) IN GENERAL.—Subchapter A of chapter supplement is filed after the earlier of the ‘‘(II) is compensated directly or indirectly 68 is amended by inserting after section date the taxpayer is first contacted by the by a material advisor with respect to the 6662A the following new section: Secretary regarding the examination of the transaction, ‘‘SEC. 6662B. PENALTY FOR UNDERSTATEMENTS return or such other date as is specified by ‘‘(III) has a fee arrangement with respect ATTRIBUTABLE TO TRANSACTIONS the Secretary. to the transaction which is contingent on all LACKING ECONOMIC SUBSTANCE, ETC. ‘‘(4) NONECONOMIC SUBSTANCE TRANSACTION or part of the intended tax benefits from the ‘‘(a) IMPOSITION OF PENALTY.—If a taxpayer UNDERSTATEMENT.—For purposes of this sub- transaction being sustained, has an noneconomic substance transaction section, the term ‘noneconomic substance ‘‘(IV) has an arrangement with respect to understatement for any taxable year, there transaction understatement’ has the mean- the transaction which provides that contrac- shall be added to the tax an amount equal to ing given such term by section 6662B(c). tual disputes between the taxpayer and the advisor are to be settled by arbitration or 40 percent of the amount of such understate- ‘‘(5) CROSS REFERENCE.— which limits damages by reference to fees ment. ‘‘For reporting of section 6662A(c) penalty paid to the advisor for such transaction, or ‘‘(b) REDUCTION OF PENALTY FOR DISCLOSED to the Securities and Exchange Commission, ‘‘(V) as determined under regulations pre- TRANSACTIONS.—Subsection (a) shall be ap- see section 6707A(e).’’. scribed by the Secretary, has a disqualifying plied by substituting ‘20 percent’ for ‘40 per- (b) DETERMINATION OF OTHER UNDERSTATE- financial interest with respect to the trans- cent’ with respect to the portion of any non- MENTS.—Subparagraph (A) of section action. economic substance transaction understate- 6662(d)(2) is amended by adding at the end ‘‘(iii) DISQUALIFIED OPINIONS.—For purposes ment with respect to which the relevant the following flush sentence: of clause (i), an opinion is disqualified if the facts affecting the tax treatment of the item opinion— are adequately disclosed in the return or a ‘‘The excess under the preceding sentence ‘‘(I) is based on unreasonable factual or statement attached to the return. shall be determined without regard to items legal assumptions (including assumptions as ‘‘(c) NONECONOMIC SUBSTANCE TRANSACTION to which section 6662A applies and without to future events), UNDERSTATEMENT.—For purposes of this sec- regard to items with respect to which a pen- ‘‘(II) unreasonably relies on representa- tion— alty is imposed by section 6662B.’’. tions, statements, findings, or agreements of ‘‘(1) IN GENERAL.—The term ‘noneconomic (c) REASONABLE CAUSE EXCEPTION.— the taxpayer or any other person, substance transaction understatement’ (1) IN GENERAL.—Section 6664 is amended ‘‘(III) does not identify and consider all rel- means any amount which would be an under- by adding at the end the following new sub- evant facts, statement under section 6662A(b)(1) if section section: ‘‘(IV) is not signed by all individuals who 6662A were applied by taking into account ‘‘(d) REASONABLE CAUSE EXCEPTION FOR RE- are principal authors of the opinion, or items attributable to noneconomic sub- PORTABLE TRANSACTION UNDERSTATEMENTS.— ‘‘(V) fails to meet any other requirement stance transactions rather than items to ‘‘(1) IN GENERAL.—No penalty shall be im- as the Secretary may prescribe.’’. which section 6662A would apply without re- posed under section 6662A with respect to (2) CONFORMING AMENDMENT.—The heading gard to this paragraph. any portion of a reportable transaction un- for subsection (c) of section 6664 is amended ‘‘(2) NONECONOMIC SUBSTANCE TRANS- derstatement if it is shown that there was a by inserting ‘‘FOR UNDERPAYMENTS’’ after ACTION.—The term ‘noneconomic substance reasonable cause for such portion and that ‘‘EXCEPTION’’. transaction’ means any transaction if— the taxpayer acted in good faith with respect (d) CONFORMING AMENDMENTS.— ‘‘(A) there is a lack of economic substance to such portion. (1) Subparagraph (C) of section 461(i)(3) is (within the meaning of section 7701(n)(1)) for ‘‘(2) SPECIAL RULES.—Paragraph (1) shall amended by striking ‘‘section the transaction giving rise to the claimed not apply to any reportable transaction un- 6662(d)(2)(C)(iii)’’ and inserting ‘‘section benefit or the transaction was not respected derstatement unless— 1274(b)(3)(C)’’. under section 7701(n)(2), or ‘‘(A) the relevant facts affecting the tax (2) Paragraph (3) of section 1274(b) is ‘‘(B) the transaction fails to meet the re- treatment of the item are adequately dis- amended— quirements of any similar rule of law. closed in accordance with the regulations (A) by striking ‘‘(as defined in section ‘‘(d) RULES APPLICABLE TO COMPROMISE OF prescribed under section 6011, 6662(d)(2)(C)(iii))’’ in subparagraph (B)(i), and PENALTY.— ‘‘(B) there is or was substantial authority (B) by adding at the end the following new ‘‘(1) IN GENERAL.—If the 1st letter of pro- for such treatment, and subparagraph: posed deficiency which allows the taxpayer

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3594 CONGRESSIONAL RECORD — SENATE April 1, 2004 an opportunity for administrative review in The PRESIDING OFFICER. Without Robert N. Davis, to be Judge, U.S. the Internal Revenue Service Office of Ap- objection, it is so ordered. Court of Appeals for Veterans’ Claims, peals has been sent with respect to a penalty COMMITTEE ON BANKING, HOUSING AND URBAN and Pamela M. Iovino, to be Assistant to which this section applies, only the Com- AFFAIRS Secretary of Veterans Affairs for Con- missioner of Internal Revenue may com- promise all or any portion of such penalty. Mr. GRASSLEY. Mr. President, I ask gressional Affairs. The hearing will take place in room ‘‘(2) APPLICABLE RULES.—The rules of para- unanimous consent that the Com- graphs (2), (3), (4), and (5) of section 6707A(d) mittee on Banking, Housing, and 418 of the Russell Senate Office Build- shall apply for purposes of paragraph (1). Urban Affairs be authorized to meet ing at 2:30 p.m. ‘‘(e) COORDINATION WITH OTHER PEN- during the session of the Senate on The PRESIDING OFFICER. Without ALTIES.—Except as otherwise provided in this Thursday, April 1, 2004, at 2 p.m. to objection, it is so ordered. part, the penalty imposed by this section mark up an original bill entitled ‘‘The SUBCOMMITTEE ON CLEAN AIR, CLIMATE CHANGE shall be in addition to any other penalty im- AND NUCLEAR SAFETY posed by this title. Federal Housing Enterprise Regulatory Reform Act of 2004.’’ Mr. GRASSLEY. Mr. President, I ask ‘‘(f) CROSS REFERENCES.— unanimous consent that the Sub- ‘‘(1) For coordination of penalty with un- The PRESIDING OFFICER. Without objection, it is so ordered. committee on Clean Air, Climate derstatements under section 6662 and other Change, and Nuclear Safety be author- special rules, see section 6662A(e). COMMITTEE ON COMMERCE, SCIENCE, AND ized to meet on Thursday, April 1 at ‘‘(2) For reporting of penalty imposed TRANSPORTATION 9:30 a.m. to conduct an oversight hear- under this section to the Securities and Ex- Mr. GRASSLEY. Mr. President, I ask change Commission, see section 6707A(e).’’. ing on the implementation of the Na- unanimous consent that the Com- (b) CLERICAL AMENDMENT.—The table of tional Ambient Air Quality Standards sections for part II of subchapter A of chap- mittee on Commerce, Science, and for Particulate Matter and Ozone. ter 68 is amended by inserting after the item Transportation be authorized to meet The meeting will be held in SD 406. relating to section 6662A the following new on Thursday, April 1, 2004, off the Sen- The PRESIDING OFFICER. Without item: ate floor on pending Committee busi- objection, it is so ordered. ‘‘Sec. 6662B. Penalty for understatements at- ness. SUBCOMMITTEE ON IMMIGRATION AND BORDER tributable to transactions lack- The PRESIDING OFFICER. Without SECURITY ing economic substance, etc.’’. objection, it is so ordered. Mr. GRASSLEY. Mr. President, I ask (c) EFFECTIVE DATE.—The amendments COMMITTEE ON FOREIGN RELATIONS unanimous consent that the Com- made by this section shall apply to trans- Mr. GRASSLEY. Mr. President, I ask mittee on the Judiciary Subcommittee actions entered into after the date of the en- unanimous consent that the Com- on Immigration and Border Security be actment of this Act. mittee on Foreign Relations be author- authorized to meet to conduct a hear- f ized to meet during the session of the ing On ‘‘Securing Our Borders Under a NOTICES OF HEARINGS/MEETINGS Senate on Thursday, April 1, 2004, at Temporary Guest Worker Proposal’’ on 9:30 a.m. to hold a hearing on Economic Thursday, April 1, 2004, at 2:30 p.m. in SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS Treaties. SD226. Mr. CRAIG. Mr. President, I would The PRESIDING OFFICER. Without Panel 1: The Honorable Robert Bon- like to announce for the information of objection, it is so ordered. ner, Commissioner, U.S. Customs and the Senate and the public that an over- Border Protection, Department of COMMITTEE ON THE JUDICIARY sight hearing has been scheduled before Homeland Security, Washington, DC; Mr. GRASSLEY. Mr. President, I ask the Subcommittee on Public Lands and The Honorable Stewart Verdery, As- unanimous consent that the Com- Forests of the Committee on Energy sistant Secretary for Policy, Border mittee on the Judiciary be authorized and Natural Resources. and Transportation Security Direc- to meet to conduct a markup on Thurs- The hearing will be held on Wednes- torate, Department of Homeland Secu- day, April 21st, at 2:30 p.m. in room day, April 1, 2004, at 9:30 a.m. in Dirk- rity, Washington, DC; and Director SD–366 of the Dirksen Senate Office sen Senate Building room 226. Donna Bucella, Terrorist Screening Building. Agenda: Center, Federal Bureau of Investiga- The purpose of the hearing is to re- I. Nominations: Henry W. Saad to be tions, Department of Justice, Wash- ceive testimony on implementation of U.S. Circuit Judge for the Sixth Cir- ington, DC. the Recreation Fee Demonstration cuit; Peter W. Hall to be U.S. Circuit Panel II: Daniel Griswald, Associate Program by the Forest Service and Bu- Judge for the Second Circuit; William Director for Trade Policy Studies, Cato reau of Land Management, and on poli- Gerry Myers III to be U.S. Circuit Institute, Washington, DC and Mar- cies related to the program. Judge for the Ninth Circuit; Roger T. garet D. Stock, Associate Professor, Because of the limited time available U.S. Military Academy, West Point, Benitez to be U.S. District Judge for for the hearing, witnesses may testify NY. the Southern District of California; by invitation only. However, those THE PRESIDING OFFICER. Without wishing to submit written testimony Jane J. Boyle to be U.S. District Judge objection, it is so ordered. for the Northern District of Texas; for the hearing record should send two SUBCOMMITTEE ON READINESS AND Marcia G. Cooke to be U.S. District copies of their testimony to the Com- MANAGEMENT SUPPORT mittee on Energy and Natural Re- Judge for the Southern District of Mr. GRASSLEY. Mr. President, I ask sources, United States Senate, Wash- Florida; Paul S. Diamond to be U.S. unanimous consent that the Sub- ington, DC 20510–6150. District Judge for the Eastern District committee on Readiness and Manage- For further information, please con- of Pennsylvania; Walter D. Kelley, Jr. ment support of the Committee on tact Frank Gladics at 202–224–2878. to be U.S. District Judge for the East- Armed Services be authorized to meet ern District of Virginia; and Matthew f during the session of the Senate on G. Whitaker to be U.S. Attorney for April 1, 2004, at 2:30 p.m., in open ses- AUTHORITY FOR COMMITTEES TO the Southern District of Iowa. sion to receive testimony on military MEET II. Bills: S. 1735—Gang Prevention installation programs in review of the COMMITTEE ON ARMED SERVICES and Effective Deterrence Act of 2003 Defense authorization request for fiscal Mr. GRASSLEY. Mr. President, I ask [Hatch, Chambliss, Cornyn, Feinstein, year 2005. unanimous consent that the Com- Graham, Grassley, Schumer]. THE PRESIDING OFFICER. Without mittee on Armed Services be author- The PRESIDING OFFICER. Without objection, it so ordered. ized to meet during the session of the objection, it is so ordered. SUBCOMMITTEE ON SCIENCE, TECHNOLOGY AND Senate on April 1, 2004, at 9:30 a.m., in COMMITTEE ON VETERANS’ AFFAIRS SPACE open and closed session to receive tes- Mr. GRASSLEY. Mr. President, I ask MR. GRASSLEY. Mr. President, I timony for Unified and Regional Com- unanimous consent that the Com- ask unanimous consent that the Sub- manders on their military strategy and mittee on Veterans’ Affairs be author- committee on Science, Technology and operational requirements, in review of ized to meet during the session of the Space be authorized to meet on Thurs- the Defense Authorization Request for Senate on Thursday, April 1, 2004, for a day, April 1, 2004, at 2:30 p.m., on NASA fiscal year 2005. hearing to consider the nominations of FY05 Budget, in SR–253.

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3595 THE PRESIDING OFFICER. Without who fought that day for liberty and the ages with several portions. And again, objection, it so ordered. cause of freedom in Europe: Now, therefore, we could do this without increasing be it Government expenditures. f Resolved by the Senate and House of Rep- The bill would achieve these goals in PRIVILEGES OF THE FLOOR resentatives of the United States of America in Congress assembled, That Congress— three ways. First, lenders would return Mr. REED. Mr. President, I ask unan- (1) recognizes the 60th anniversary of the to the SBA a 0.25 percent, or one-quar- imous consent that Leigh Ann Sim- Allied landing at Normandy during World ter of one percent, fee on new loans mons-Wescott, a legislative fellow in War II; and under $150,000. Lenders are currently Senator KENNEDY’s office, be granted (2) requests the President to issue a procla- permitted to retain this amount from a floor privileges during the remainder of mation calling on the people of the United borrower fee, of 1 percent, that lenders the day and cloture vote on the TANF States to observe the anniversary with ap- already collect and pass on to the SBA. propriate ceremonies and programs to honor reauthorization. the sacrifices of their fellow countrymen to For loans larger than $150,000, lenders The PRESIDING OFFICER. Without liberate Europe. already must pass the entire borrower objection, it is so ordered. fee on to the SBA; this change would f Mr. ALEXANDER. Mr. President, I make the treatment the same for all ask unanimous consent that privilege TEMPORARY EXTENSION OF PRO- loan sizes. This proposal was first made of the floor be granted to Sharon GRAMS UNDER SMALL BUSINESS by the SBA, as part of a larger plan the Segner of my staff for the next hour ACT AND SMALL BUSINESS EX- SBA submitted to Congress this year. during consideration of the Get Out- TENSION ACT OF 1958 Second, a lender fee on new loans doors Act. Mr. FRIST. I ask unanimous consent would be increased from 0.25 percent, The PRESIDING OFFICER. Without that the Senate proceed to the imme- one-quarter of one percent, to 0.36 per- objection, it is so ordered. diate consideration of H.R. 4062, which cent. This fee cannot be passed on to f is at the desk. small businesses. The PRESIDING OFFICER. Without Third, lenders would be permitted to 60TH ANNIVERSARY OF THE objection, it is so ordered. provide small businesses with ‘‘piggy- ALLIED LANDING AT NORMANDY The clerk will report the bill by title. back’’ financing packages that include Mr. FRIST. I ask unanimous consent A bill (H.R. 4062) to provide for an addi- a 7(a) loan portion and a non-7(a), the Judiciary Committee be discharged tional temporary extension of programs strictly commercial portion, if the from further consideration of S.J. Res. under the Small Business Act and the Small lenders paid the normal fees on the 7(a) 28 and that the Senate proceed to its Business Investment Act of 1958 through loan portion and a 0.70 percent fee on June 4, 2004, and for other purposes. immediate consideration. the non-7(a) portion. Prior to January The PRESIDING OFFICER. Without There being no objection, the Senate 2004, the SBA permitted this type of fi- objection, it is so ordered. proceeded to consider the bill. nancing, but without receiving any fee The clerk will report the resolution Mr. SNOWE. Mr. President, I rise to income for the non-7(a) portion, and by title. support passage of H.R. 4062, a bill that without an upper limit on the total fi- provides needed improvements to the nancing. H.R. 4062 prohibits the non- A joint resolution (S.J. Res. 28) recognizing Small Business Administration’s larg- the 60th anniversary of the Allied landing at 7(a) portion of the financing from being Normandy during World War II. est business loan program, the ‘‘Sec- larger than the 7(a) loan. tion 7(a)’’ program, at no additional There being no objection, the Senate The bill also extends to June 4, 2004, cost to the Government. the authorization for several SBA pro- proceeded to consider the resolution. The SBA’s 7(a) loan program has Mr. FRIST. I ask unanimous consent grams that would otherwise expire on proven that a small amount of govern- April 2, 2004, including the Preferred the joint resolution be read a third ment backing can greatly enhance pri- time and passed, the preamble be Surety Bond Program, the Small Dis- vate-sector financing for small busi- advantaged Business Program, and the agreed to, and the motion to reconsider nesses, and that the economic benefits be laid upon the table. SBA’s co-sponsorship authority. Fi- reverberate throughout the economy at nally, the bill extends to September 30, The PRESIDING OFFICER. Without large. Small businesses create almost objection, it is so ordered. 2004, the authorization for the SBA’s 75 percent of the net new jobs in the Certified Development Company pro- The joint resolution (S.J. Res. 28) economy. The 7(a) program harnesses was read the third time and passed. gram, also known as the 504 Loan Pro- this power and has helped small busi- gram. The preamble was agreed to. nesses to create or retain nearly 2 mil- The joint resolution, with its pre- H.R. 4062 is very similar to legisla- lion more jobs in the last five years. tion which I introduced in the Senate amble, reads as follows: The program is so popular among S.J. RES. 28 on March 10, S. 2193, the ‘‘Small Busi- small businesses that demand for pro- ness Loan Revitalization Act of 2004,’’ Whereas June 6, 2004, marks the 60th anni- gram funds in the first few months of versary of D-Day, the first day of the Allied which I was joined in sponsoring by 18 fiscal year 2004 suggests that requests fellow Senators. That legislation was landing at Normandy during World War II by for the entire year would far out-pace American, British, and Canadian troops; the result of months of hard work and its available budget. As a result, in Whereas the D-Day landing, known as Op- negotiations with fellow Senators, col- eration Overlord, was the most extensive January 2004, the SBA shut the pro- leagues in the House, small businesses, amphibious operation ever to occur, involv- gram down, and then re-opened it with lenders, and the administration. I re- ing on the first day of the operation 5,000 a loan cap of $750,000—only 37.5 percent gret that S. 2193’s provisions, such as naval vessels, more than 11,000 sorties by Al- of the $2 million maximum previously its lower fees for lenders, and the in- lied aircraft, and 153,000 members of the Al- available. Faced with these restric- lied Expeditionary Force; creased debenture sizes for the 504 tions, small businesses have urged Con- Loan Program which I recently added Whereas the bravery and sacrifices of the gress and the administration to im- Allied troops at 5 separate Normandy beach- by amendment, are not being enacted prove funding opportunities for the es and numerous paratrooper and glider today, but I am pleased that, according landing zones began what Allied Supreme rest of 2004. to the Small Business Administration’s Commander Dwight D. Eisenhower called a Together with my fellow Senators, projections, H.R. 4062 at least achieves ‘‘Crusade in Europe’’ to end Nazi tyranny colleagues in the House, and a large co- the goal of allowing the 7(a) program and restore freedom and human dignity to alition of small businesses and lenders, to operate without restriction through millions of people; we have worked for several months to the remainder of this fiscal year. Whereas that great assault by sea and air construct a way to improve the pro- marked the beginning of the end of Hitler’s gram by allowing lenders to help al- f ambition for world domination; leviate the funding shortfall. This plan Whereas American troops suffered over would benefit small businesses and ORDERS FOR FRIDAY, APRIL 2, 6,500 casualties on D-Day; and 2004 Whereas the people of the United States lenders by allowing loans larger than should honor the valor and sacrifices of their $750,000, and by allowing ‘‘piggyback’’ Mr. FRIST. I ask unanimous consent fellow countrymen, both living and dead, loans, or by allowing financing pack- when the Senate completes its business

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S3596 CONGRESSIONAL RECORD — SENATE April 1, 2004 today, it adjourn until 9 a.m. on Fri- stand in adjournment under the pre- bers of the Minnesota congressional day, April 2nd. I further ask that fol- vious order, following the completion delegation on the other side of the lowing the prayer and pledge, the of the remarks of Senator DAYTON and aisle—I was not invited to either of morning hour be deemed expired, the following the remarks of Senator SAR- those meetings, which seemed a shame Journal of proceedings be approved to BANES, each for up to 10 minutes. since they were being billed as non- date, the time for the two leaders be The PRESIDING OFFICER. Without political meetings, but, nevertheless, reserved for their use later in the day, objection, it is so ordered. they did occur—and at that meeting— and the Senate then begin a period of f again, I was not invited, so I was not morning business, with Senators per- there—according to the reports of VOTING TO HELP THE AMERICAN mitted to speak for up to 10 minutes those who attended, the Secretary as- PEOPLE each. sured these Minnesota educators that The PRESIDING OFFICER. Without Mr. DAYTON. Mr. President, I am No Child Left Behind is adequately objection, it is so ordered. troubled by some of the comments funded. made earlier as we debated whether to f Well, there had been rumors that continue with this bill before us. In there were going to be cutbacks affect- PROGRAM particular, one of the leaders on the ing Minnesota in the title I program, other side of the aisle is quoted in to- Mr. FRIST. Tomorrow the Senate which is the major source of funds day’s paper as saying—this a direct will be in session for the transaction of under the so-called No Child Left Be- quote—‘‘Why put our Members through routine morning business. There will hind. So the Minnesota educators were the whole litany of Democratic polit- be no rollcall votes during Friday’s ses- temporarily relieved by that, until just ical votes for no discernible gain?’’ sion. The next rollcall vote will occur a few weeks later—scarcely a month on Wednesday of next week. I will have I am amazed at the implication these amendments we in the Democratic cau- later, in fact—when the actual title I more to say on that in the morning. allocations for the next fiscal year, Next week, there are a number of cus are trying in vain to have voted 2005, became known. issues that may be addressed. There is upon by the Senate are political votes. an important medical liability bill I am even more astonished it could be Lo and behold, Minnesota will experi- being introduced by Senator GREGG said they are for no discernible gain. ence a reduction of over $2.5 million. and others, Pregnancy and Trauma For whose gain are we talking? Not, Only two States in the Nation are Care Access Protection Act of 2004. perhaps, for Republican Members of the going to experience cuts in title I fund- That bill deserves to be debated and Senate. But that is not the purpose of ing from the year 2004 to the next year, voted on. We will try to schedule that our amendments. These are amend- 2005: Massachusetts and Minnesota. bill for next week. I will continue to ments to benefit the American people. Now, I am not running for President hold out hope that we will be able to We are talking about extending un- or anything else, for that matter, this finish the JOBS bill, which is the FSC/ employment benefits for the over 1.1 year, so I am shocked that Minnesota ETI bill. million Americans who have exhausted would be paired with Massachusetts as Senators have come to the floor over those benefits since December of last being the only two States to be cut the course of the last several weeks year. The Children’s Defense Fund, back in title I dollars at the same time discussing the importance of this bill. originators of the No Child Left Behind we are experiencing an increase in the Yet we have been unable to vote on the concept, are committed to seeing it children who are eligible for title I legislation as the WTO sanctions con- carried out and have estimated 622,000 funding. As that reduction gets spread tinue each day. In fact, today, since American children live in families across our school districts, some of the this is 1 month after the sanctions whose parents have exhausted their un- consequences are very severe. Quite a began, the sanctions were increased by employment benefits. They estimate number of districts will be taken off of $40 million. We must move expedi- each of those families loses an average title I funding whatsoever. They will tiously on that bill. It is a priority for of $1,100 a month in income when their not be able to serve any of the children the Senate. We will have an oppor- unemployment benefits run out. It in those school districts who are eligi- tunity next week to speak on this bill. drives over a third of them below the ble, individually, for title I. poverty level. Over two-thirds of those The pension reform conference report One of the school districts, Anoka- families lose their health care cov- is another piece of legislation that Hennepin, is going to experience a 40- erage. should be moved expeditiously. The percent reduction in funding for title I No discernible gain from a vote on House may act on that conference re- programs at the same time the number extending unemployment benefits? port later this evening or on Friday. I of children eligible for title I is going Perhaps not to the Republican caucus. will be talking to my colleagues about up. scheduling that conference report for But it would surely make a huge dif- Now, how can we say that there is no Senate action. ference to 1.1 million American adults Finally, the conferees on the budget and their 622,000 children. child going to be left behind under this resolution continue to meet and it is No discernible gain to a vote on pro- program, and that it is adequately important to address the budget con- tecting overtime pay for some 8 mil- funded, when a school district such as ference report as soon as that does be- lion Americans who stand to lose those that is going to experience a 40-percent come available. Having said that, we benefits through the unilateral action reduction in funding? How is it that have a lot of work to do and not a lot of the Secretary of Labor? These are two States in the Nation—Massachu- of time to do it. We will be working not idle political gestures. These are setts and Minnesota—are going to see a each day next week with an effort to real decisions affecting the lives of mil- reduction in funding while the overall schedule the above-mentioned items lions of Americans. program nationwide is going to receive throughout. It may be inconvenient for some a $1 billion increase? In addition, next week we have ac- Members to vote on them, but that is Why are we being punished? Why are commodated Members’ schedules for our responsibility in this body. we being penalized? Why are we being the observance of Passover. I will have EDUCATION FUNDING singled out for those reductions? Why more to say on the specific schedule for As another illustration of how these does the Secretary of Education come rollcall votes on Wednesday, April 7. votes and these decisions really do af- to our State one month earlier and as- However, we will have no vote prior to fect people’s lives, about a month ago sure our educators that there is plenty 2:15 on that day on Wednesday. we were holding rollcall votes regard- of money, that these reductions are not f ing the budget resolution for the next going to take place, when either he did fiscal year, and just about that same not know—in which case he was unbe- ORDER FOR ADJOURNMENT time the Secretary of Education was in lievably ill-informed—or he knew and MR. FRIST. If there is no further my State of Minnesota, where he met did not speak honestly to our edu- business to come before the Senate, I with educators and with State officials, cators? And either one of those I find ask unanimous consent the Senate and with, evidently, some of the Mem- enormously reprehensible.

VerDate Mar 15 2010 21:39 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2004SENATE\S01AP4.REC S01AP4 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 1, 2004 CONGRESSIONAL RECORD — SENATE S3597 Mr. President, $2,727,000 is a huge loss mitment to this program at the time its history—he has written, after all, in money for the disadvantaged chil- because he was assured there was going the definitive history of the U.S. Sen- dren of the State of Minnesota, mean- to be full funding; the other Senator, of ate—its customs and its procedures are ing that less than half—less than half— course, is now the Democratic can- unequaled by any other Member I have of all the children in my State who are didate for President of the United known. And his dedication to the Sen- eligible for title I funding are actually States. I find it really not coincidental ate ranks with his dedication to the going to get services provided to them. that is one of the two States that is country, to the State of West Virginia, And that is no child left behind? That singled out to be cut back in funds. and to the Constitution. is a fraud. That is adequate funding for But I do not understand why Min- As this body’s indisputable expert on No Child Left Behind? That is a lie. nesota—why Minnesota—is suffering parliamentary procedure, it is only fit- That is a lie. accordingly. It is wrong. It is wrong to ting that Senator BYRD’s first vote, the In this room I have heard it said sev- be cutting back funds when you are first of the 17,000 votes that we cele- eral times: There is plenty of money saying to the American people that no brate today, was cast on January 8, for title I. There is plenty of money for child is going to be left behind and 1959, and was procedural in nature. No Child Left Behind. Not for Min- then you turn around and make that a That vote began, of course, a legacy of nesota. We were underfunded before, lie. It is wrong. It is unfair to the State extraordinary leadership and service in and it is being cut back now. We are of Minnesota. this body. one of two States being cut. I ask the Mr. Secretary of Education, you owe The able Senator from West Virginia Secretary of Education: I want to know it to our State to come back and ex- has not only employed his mastery of why. Come back to Minnesota, Mr. Sec- plain to our educators why it is that how the Senate functions effectively in retary, now that you have the facts, they are going to have to do more with floor debates, but he has used it to pass evidently. Come back to Minnesota and less next year. Why is it that we are on and protect and perfect the spirit of meet with those educators and tell one of two States being cut back? this body which he has called ‘‘the cor- them why, why our money is being cut I am deeply offended. On behalf of the nerstone of our constitutional sys- back. people of Minnesota, I am enraged that tem.’’ The chairman of the Health, Edu- we are being treated in this unfair Given this incredible record of serv- cation, Labor, and Pensions Committee way—and on behalf, most of all, of the ice and experience, Senator BYRD now, has stood on this floor—and I have had children in the State of Minnesota who I think fairly, stands as both the intel- this debate with him; he is not here are not going to be receiving the spe- lect and the conscience of this Cham- presently, but I look forward to that cial services to which they are entitled. ber. He constantly reminds us of the opportunity again in the future—say- We are going to force cutbacks in edu- fundamentals of our democracy and the ing there is additional money available cational services affecting all of our role the Framers of our Constitution to the States under No Child Left Be- schoolchildren. They are being left be- envisioned for the legislative branch. hind. In fact, there is so much addi- hind, Mr. Secretary. Mr. President, No Member of the U.S. Congress has tional money that some States don’t they are being left behind. What are a deeper understanding of the Constitu- know what to do with it all. you going to do about it? tion and of the Legislature’s vital func- Well, I can see why that distin- Mr. President, I yield the floor. tion as a guardian of our fundamental guished Senator made that statement, The PRESIDING OFFICER. Under national document. because in his home State, over the the previous order, the Senator from It is because of this institutional last 5 years, they have experienced a Maryland is recognized for up to 10 knowledge, his devotion to the Sen- 44-percent increase in funding under minutes. ate’s distinguishing characteristics, title I. In this next year, they are going f and his devotion to the civility that to receive an increase of almost the has customarily underpinned the inter- same $2.5 million which Minnesota is CONGRATULATING SENATOR ROBERT C. BYRD action of the Members of this body going to lose. They will receive an 8.1- that in times of severe national crisis, percent increase in title I funding, Mr. SARBANES. Mr. President, ear- and on occasion constitutional crisis whereas we will experience a reduction lier in the day, a number of my col- when the Senate is faced with the most of over $2,727,000. leagues took the floor to pay tribute difficult of choices, Members from both So I guess for some States this is a and respect to my dear friend and col- sides of the aisle have sought the lead- good deal because they are getting league, Senator BYRD. I was unable to ership of Senator ROBERT C. BYRD of more money. I am glad they are, if be here because I was involved in a West Virginia. they have that additional need. But the markup of legislation. I want to take a I consider it a singular honor to serve State of Minnesota has the additional few moments now, as we bring the with him in the Senate. I congratulate need, also. More children are coming in day’s business to a close, to pay tribute him on casting his 17,000th vote, and I from all over the world; children who to my very good friend on the occasion look forward to seeing him cast many need English second-language skills; of his 17,000th vote in the Senate, an more. children who are without any edu- all-time record. I yield the floor. cation from countries that have been The distinguished Senator from West war ravaged for years; children coming Virginia has given this Nation and his f from other States with educational beloved State of West Virginia the very ADJOURNMENT UNTIL 9 A.M. achievement levels grades behind the best in public service. The civility, the TOMORROW students in Minnesota. intelligence, the commitment, and The PRESIDING OFFICER. Under We cannot offer the services they are dedication that Senator BYRD brings to the previous order, the Senate stands entitled to under Federal law that ex- this body commands the respect and adjourned until 9 a.m., Friday, April 2, isted before No Child Left Behind? We admiration of every Member of the 2004. cannot offer the services that were Senate. That has been expressed from Thereupon, the Senate, at 6:12 p.m., promised to them and to us as a condi- time to time by many of us in this adjourned until Friday, April 2, 2004, at tion for voting in favor of No Child Chamber. Left Behind? I voted against that, I The vote today is but one of many 9 a.m. will confess, as did my colleague at the milestones for Senator BYRD, but it f time in the Senate. Maybe that is why does offer all of us the opportunity to NOMINATIONS Minnesota is being singled out and reflect upon his very special place in punished. I do not know. I do not un- the Senate. Executive nominations received by derstand why, except that I know the Senator BYRD often refers to the Sen- the Senate April 1, 2004: two Senators from Massachusetts—one ate as a ‘‘pillar of the Constitution.’’ I DEPARTMENT OF DEFENSE is the ranking member of the Health, think it is fair to refer to Senator OTIS WEBB BRAWLEY, JR., OF GEORGIA, TO BE A MEM- Education, Labor, and Pensions Com- BYRD as a ‘‘pillar of the Senate.’’ The BER OF THE BOARD OF REGENTS OF THE UNIFORMED SERVICES UNIVERSITY OF THE HEALTH SCIENCES FOR A mittee, and he certainly made a com- Senator’s dedication to this body and TERM EXPIRING JUNE 20, 2009. (REAPPOINTMENT)

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VINICIO E. MADRIGAL, OF LOUISIANA, TO BE A MEMBER IN THE ARMY To be lieutenant colonel OF THE BOARD OF REGENTS OF THE UNIFORMED SERV- ICES UNIVERSITY OF THE HEALTH SCIENCES FOR A THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES D. JONES, 0000 TERM EXPIRING JUNE 20, 2009. (REAPPOINTMENT) TO THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY DEPARTMENT OF STATE To be colonel MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 MICHAEL W. MARINE, OF VERMONT, A CAREER MEM- LEO L. BENNETT, 0000 AND 3064: BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- To be major TO THE GRADE INDICATED IN THE UNITED STATES ARMY DINARY AND PLENIPOTENTIARY OF THE UNITED STATES CHAPLAINS UNDER TITLE 10, U.S.C., SECTIONS 624 AND JORGE L. ROMEU, 0000 OF AMERICA TO THE SOCIALIST REPUBLIC OF VIETNAM. 3064:

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