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

Vol. 150 WASHINGTON, TUESDAY, SEPTEMBER 21, 2004 No. 114 Senate The Senate met at 9:45 a.m. and was to the Senate from the President pro that nomination is available for full called to order by the Honorable MI- tempore (Mr. STEVENS). Senate consideration. We would like to CHAEL B. ENZI, a Senator from the The legislative clerk read the fol- do that as soon as it becomes available. State of Wyoming. lowing letter: It should be available shortly. So hope- The PRESIDING OFFICER. Today’s U.S. SENATE, fully we can address that nomination prayer will be offered by Dr. Alan PRESIDENT PRO TEMPORE, tomorrow. Keiran, Chief of Staff, Office of the Washington, DC, September 21, 2004. As mentioned yesterday, the Senate Senate Chaplain. To the Senate: may also consider legislation which ex- Under the provisions of rule I, paragraph 3, tends some of the expiring family tax PRAYER of the Standing Rules of the Senate, I hereby provisions. The guest chaplain offered the fol- appoint the Honorable MICHAEL B. ENZI, a Finally, we will continue to work on Senator from the State of Wyoming, to per- agreements for some of the remaining lowing prayer: form the duties of the Chair. appropriations measures. The Senate Let us pray. TED STEVENS, O God our rock and our fortress, President pro tempore. will consider those bills under short thank You for guarding our lives. time limitations, if agreements can be Mr. ENZI thereupon assumed the Without the unfolding of Your loving reached. Chair as Acting President pro tempore. providence, we would miss life’s music. f You set our feet on solid ground and f GRAND OPENING OF THE NA- deliver us from our enemies. You have RESERVATION OF LEADER TIME TIONAL MUSEUM OF THE AMER- kept us from sorrow and sighing, for we The ACTING PRESIDENT pro tem- ICAN INDIAN trust You in life’s storms. pore. Under the previous order, the Mr. FRIST. Mr. President, I want to Today, empower our lawmakers to be leadership time is reserved. instruments of Your will. Remind them comment very briefly on something I that their times are in Your hands as f mentioned in the last week, and that is You shield them in Your steadfast love. RECOGNITION OF THE MAJORITY the grand opening of the National Mu- Give them serenity to accept what LEADER seum of the American Indian. The grand opening officially is occurring they cannot change and courage to The ACTING PRESIDENT pro tem- change what they can. today, actually in a couple of hours. pore. The majority leader is recog- This marks a milestone in American Bless the people who labor with them nized. to keep our Nation strong. Sustain and American Indian history. them in their work and give them Your f Established by an act of Congress in wisdom. And bless our Nation. SCHEDULE 1989, the museum, which we can all see from the front of the Capitol, is a trib- Strengthen her walls with righteous- Mr. FRIST. Mr. President, this morn- ness and surround her with Your peace. ute to the extraordinary achievements ing there will be a period for the trans- and the contributions made by Amer- Protect our military with Your power- action of morning business for 3 hours. ful hand. ican Indian culture. I had the oppor- The first hour will be equally divided tunity 2 nights ago to tour that mu- We pray this in Your holy Name. between the majority and minority. Amen. seum. It is truly remarkable, unique, The second 60 minutes will be under and unlike any other museum in the f the control of the Democratic side of Smithsonian group in that the stories PLEDGE OF ALLEGIANCE the aisle, and the majority will use the are told by participants of the culture. final 60 minutes. The Honorable MICHAEL B. ENZI led There are great collections, as so Following this morning business pe- the Pledge of Allegiance, as follows: many of the institutions have. It is a riod, the Senate will recess until 2:15 cultural experience that comes alive as I pledge allegiance to the Flag of the p.m. for the weekly policy luncheons. United States of America, and to the Repub- one goes through this museum, start- lic for which it stands, one nation under God, This afternoon, the Senate will con- ing on the fourth floor, and continuing indivisible, with liberty and justice for all. sider the legislative branch appropria- to the third, second, and first floor. It f tions bill. The order provides for 1 hour is truly remarkable. of debate and a vote on passage of that It is right here on the National Mall, APPOINTMENT OF ACTING legislation. Senators should, therefore, as everyone in this body knows. It is a PRESIDENT PRO TEMPORE anticipate a rollcall vote later today. prominent symbol of the progress we The PRESIDING OFFICER. The This week the Senate can also expect have made in recognizing and, in many clerk will please read a communication to consider the Goss nomination, once ways, reconciling our shared history.

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

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VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9396 CONGRESSIONAL RECORD — SENATE September 21, 2004 The celebration began informally The goal would be for them to come first hour of time allocated to the yesterday but will continue over the up with specific recommendations for Democratic caucus that Senator KEN- course of the week. There are going to leadership to improve our oversight NEDY be given the first 20 minutes, Sen- be about 600,000 people participating in functions. ator HARKIN be given 10 minutes, and the celebration from around the world. So a lot is going on. As we set out, then Senator LINCOLN 15 minutes, Sen- As one looks out from the front of the real focus of this month or this pe- ator CONRAD 20 minutes, and Senator the Capitol steps, they see the plat- riod of time since the recess and until DAYTON 10 minutes in the second hour. forms for singers, dancers, and story- October 8 is the safety and security of The ACTING PRESIDENT pro tem- tellers, representing nearly 40 Amer- the American people. We are working pore. Without objection, it is so or- ican Indian communities, performing in a bipartisan way to do just that. dered. over the course of the week. One last thing, the Senate Intel- f The museum is fascinating, and I ligence Committee will favorably re- OPENING OF THE SMITHSONIAN wanted to bring that to everybody’s at- port out PORTER GOSS shortly and the tention. Again, I know the Democratic entire Senate will be able to confirm INSTITUTION’S NATIONAL MU- leader and myself will be participating him this week. As I mentioned in my SEUM OF THE AMERICAN INDIAN in the opening of those ceremonies opening remarks, it is important to do Mr. DASCHLE. Mr. President, this is today. so. It only makes sense that we have a happy and historic day for all Ameri- f the post of Director of Central Intel- cans, and especially for the First Americans. Right now, about a dozen INTELLIGENCE REFORM ligence be filled at this important time. PORTER GOSS is a highly capable blocks from this Capitol, an estimated Mr. FRIST. Another quick update on man and leader, with a strong back- 15- to 20,000 Native Americans rep- our progress along reform in terms of ground and a lot of experience in intel- resenting tribes from South Dakota to our intelligence operations, both with- ligence matters. He will be able to lead South America are beginning a grand in the Senate and outside the Senate the intelligence community through procession down Pennsylvania Avenue. with regard to the executive branch. this period of reform. The procession is the largest gathering The markup in the Governmental Af- There is a lot going on today in ever of American Indians in our Na- fairs Committee has begun, with the Washington and on the Senate floor, tion’s Capital. As someone from South leadership of Senator COLLINS and Sen- with the appropriations process, with Dakota, proud homeland of the Great ator LIEBERMAN. Senator DASCHLE and intelligence organization and reorga- Sioux Nation, I can tell you, it is an in- I had directed that committee in late nization. We have now a little over 2 credibly beautiful sight. July to appropriately respond with leg- The procession marks the beginning islation to the 9/11 Commission rec- weeks to complete a very full agenda but one that the American people de- of a week-long festival in Washington ommendations. The committee’s legis- celebrating the opening of the spectac- lation, as has been presented and is serve and on which we will deliver. I yield the floor. ular new National Museum of the being marked up, does just that. I as- f American Indian. The new museum— sume that process will go on over the part of the Smithsonian Institution—is course of the next several days. There RECOGNITION OF THE MINORITY America’s only national museum dedi- will be amendments and modifications LEADER cated to Native Americans. And it is on issues such as the national intel- The ACTING PRESIDENT pro tem- the largest museum in the world dedi- ligence director and how much author- pore. The Democratic leader is recog- cated to telling the story of indigenous ity will be given the national counter- nized. people in their own authentic voices. terrorism center. The bill tracks very Every detail reflects the views of Na- closely with the plans and decisions f tive people, from the text of the exhib- that have been put forward by the 9/11 INTELLIGENCE REFORM its to the menu in the museum res- Commission, although we have learned Mr. DASCHLE. Mr. President, I will taurant. The building itself was de- a lot since even that Commission re- comment on the progress that the ma- signed by the famed Native architect, port has been written, and also with jority leader referenced with regard to Douglas Cardinal. Its curved exterior plans put forth by the White House. All both the Governmental Affairs Com- walls, made of rough-hewn limestone, of that is being considered by that mittee work as well as the task force. suggest the ancient cliff dwellings of committee. This is one of those, unfortunately, all Next week we will be bringing this to the American Southwest. too rare occurrences where there is the Senate floor for a full debate. It Inside those walls are 8,000 extraor- real bipartisan partnership and partici- has been a very thoughtful process. dinary artifacts representing more pation. Both Senator COLLINS and Sen- The 9/11 Commission report came out than 10,000 years of history from more ator LIEBERMAN deserve great credit in late July. We in this body have gone than 1,000 indigenous communities for bringing the committee to a point nonstop through late July, August, and fromas far north as Alaska and as far where they can begin the markup this now September, building on the foun- south as Chile. The museum includes morning. It is our expectation that we dation of really 2 or 3 years of work three permanent exhibits. ‘‘Our will address that important legislation where we have looked at reform and Universes’’ features the spiritual be- next week. In fact, we have made a de- appropriate organizational reorganiza- liefs of native communities, including tion. cision that on Thursday we will have a the Oglala Sioux Tribe. ‘‘Our Peoples’’ As the Democratic leader and I men- special caucus just to talk about the looks at historical events through na- tioned, October 8 is when we will be legislation. I hope we can work tive eyes. ‘‘Our Lives’’ focuses on na- leaving, and it would be our objective, through that bill and complete it, as tive people today. There is also space with the will of the Senate, to be able the majority leader has proposed. for changing exhibits of artwork by to complete the legislation before that Also, Senator REID and Senator contemporary Native artists, and large time. MCCONNELL have done an outstanding spaces for Native American ceremonies The other arm that Senator DASCHLE job in narrowing the focus, as we look and performances. In this museum, Na- and I addressed by establishing a vehi- at ways with which to improve over- tive people and communities are not cle through which it could be addressed sight. That, too, is on track. It would anthropological oddities or historical is the whole issue of what we do inside be my hope that we would complete footnotes. They are not stereotypes. this body in terms of organizational re- our work on congressional reorganiza- They are vibrant, living cultures. organization to oversee the intel- tion as well before the end of this ses- I want to commend the museum’s di- ligence operations by the executive sion. Given the progress they have rector, Dr. Richard West, a member of branch and the 15 intelligence agencies. made, I am optimistic about our pros- the Southern Cheyenne nation, and all That task force has met several times, pects for doing exactly that. of museum’s dedicated staff and volun- both at the staff level and at the Mem- ORDER OF PROCEDURE teers, who have worked so hard to ber level. I know they have more meet- Before I get into my leader time, I make the dream a reality, including ings planned for this week. ask unanimous consent that during the assistant curator Emil Her Many

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9397 Horses, a native of Pine Ridge, who was payments were late and the govern- authentic voices of the First Ameri- raised on Rosebud. ment agent refused to sell on credit cans. The writers speak of their love I also want to thank our colleague, food that was being stored in ware- and concern for their families. They Senator BEN NIGHTHORSE CAMPBELL, a houses for sale to the Dakota. When also speak of their uncertainty and long-time champion of the museum. I Dakotas complained, he stunned them their fears. One of the most extraor- especially want to thank my dear by telling them to ‘‘eat grass.’’ Four dinary of the letters was written 3 days friend, Senator DAN INOUYE, co-chair- days later, a hunting party of hungry after the assassination of President man, with Senator CAMPBELL, of the Dakota youth killed five white settlers Lincoln, whom the Dakota call respect- Senate Committee on Indian Affairs, in a dispute over some stolen eggs. It fully ‘‘Grandfather.’’ The letter was and the original sponsor in 1987 of the was the spark that ignited the war. written by a man named Moses Many bill creating the National Museum of Reluctantly, some of the Dakota Lightning Face to a missionary the Da- the American Indian. No Senator has chiefs chose to go to war rather than kota prisoners trusted and referred to ever worked longer or harder to get our surrender the young men for hanging. as a relative. The writer expresses fear government to honor its trust and Some hoped that the Army might be so about what might happen to the Da- treaty obligations to Native American distracted by the Civil War that the kota prisoners now that the man who tribes, to Native Hawaiians and Alaska Dakota could drive them from the had spared their life once was dead. Natives than DANNY INOUYE, and I am Plains. That was a tragic miscalcula- These are his words: proud to be able to work with him to tion. Well, my relative, I wish to write you a let- keep those sacred commitments. The fighting lasted 38 days, raging ter. We have heard the news. They say that As many as 6 million visitors are ex- across the Minnesota River Valley, Grandfather was killed. But someone of au- pected to visit the National Museum of south to Iowa and west to the Dakotas. thority should tell us if this is not true. the American Indian every year. They Most Dakota people opposed the war Thus, I write to you this letter. Also, I have will come away with a deeper under- and did not fight. Many risked their heard some rumors. Grandfather has compas- standing of America’s rich Native cul- lives to save white settlers. When the sion for us and, so far, we are still alive. But they told us he was killed, and we are sad- tures. It will lead, it is hoped, to a war ended, nearly 100 American sol- diers, approximately 359 settlers and an dened. Those of us here think if this is so, we healing and reconciliation between Na- are heartbroken. Perhaps the attitude of the tive Americans and those of us whose estimated 29 Dakota soldiers were dead. cavalry soldiers may change toward us. Tell families came here from other nations. me what your thoughts are; I want to know; Most of the Dakota warriors who led It is moving to see this living monu- that’s why I write to you. Then I wish to ment to the First Americans take its the fighting escaped north. Nearly 400 hear exactly how they killed Grandfather. men who remained were captured and rightful place on our National Mall, . . . This is all I am going to say. I shake all taken to a prison in Mankato, MN, along side our Nation’s other great your hands. Moses Many Lightning Face. where they were tried by a military monuments. At the same time, we This is me. commission. As many as 40 trials were know that there are priceless cultural What makes the Dakota Letters so conducted in a single day—a single and historical artifacts all across In- rare is that, like most Native Amer- day. The prisoners were all denied dian Country that also must be pre- ican languages, Dakota in the mid- counsel. Many spoke no English and 1800s was not a written language. Mis- served. most likely did not understand the I would like to tell you about one sionaries developed a written form of charges against them. the language to teach the Bible to the such treasure: an extraordinary collec- Of the 393 men tried, 323 were con- tion of letters known as ‘‘The Dakota Dakota. The missionaries who visited victed, and 303 were sentenced to die. the Dakota prisoners taught it to Letters.’’ They were written 140 years President Lincoln commuted all but 38 ago by members of the Dakota Nation, them. of the death sentences. The 38 con- In Sisseton Wahpeton, the letters the original inhabitants of what is now demned men were hanged in the Man- were translated by five tribal elders, Minnesota. Four years ago, copies of kato prison the morning after Christ- working with Dakota language and his- 150 of the Dakota Letters found their mas of 1862 in what remains the largest tory experts from Sisseton Wahpeton way to the home of some of the de- public execution in our Nation’s his- College. It was a complicated process scendants of the original letter writers: tory. Among the 38 were men who al- more like code-breaking than simple the Sisseton Wahpeton reservation in most certainly had not taken part in translation. The words are first trans- eastern South Dakota. What makes the fighting and two men whose names lated from Dakota, then into literal these letters rare—and possibly were not even on the list of the con- English, then into modern English. The unique—is that they provide first-per- demned. son, written accounts of a tragic and For the rest of the Dakota people, translation of the letter to President little-known chapter in our Nation’s the worst was still to come. After los- Lincoln shows this process. I ask con- history—as seen through Native eyes. ing the war, they lost their nation. In sent that it be printed in the RECORD That chapter has been called many March of 1863, the Dakota prisoners at immediately following my remarks. things. The first accounts, written by Mankato were sent to Camp McClellan The ACTING PRESIDENT pro tem- white historians in the 1880s and 1890s, in Davenport, IA. More than 1,600 other pore. Without objection, it is so or- referred to it as ‘‘the Great Sioux Mas- Dakota people who had nothing to do dered. sacre.’’ Later, it was called ‘‘the Sioux with the war were also taken captive (See exhibit 1.) Uprising.’’ Today, it is known as ‘‘the after the war and held at Fort Snelling, Mr. DASCHLE. Mr. President, like U.S.-Dakota Conflict—some say the MN. In April of 1863, they were forcibly the exhibits in the new museum, the U.S. -Dakota War—of 1862. It was the removed to Crow Creek, SD. That same Dakota Letters illustrate in a powerful opening of the Great Plains Indian month, Congress cancelled all treaties way that we do not have separate his- Wars, three decades of armed resist- with the Dakota and used the money tories, but we see the same history ance by Plains Indians against white that had been promised to the Dakota through different eyes. This gift of settlers and government soldiers. to pay claims by settlers. Hundreds of being able to see our history from oth- The roots of the Dakota Conflict Dakota family members died at Fort ers’ perspectives can only help heal our stretch back to 1851, when the Dakota Snelling. Hundreds more died on the Nation and make us stronger. were coerced into signing treaties giv- way to Crow Creek, and many more I believe strongly that the Federal ing 90 percent of their land, including died on the Crow Creek reservation. Government, which had such a direct their hunting grounds, to the U.S. gov- Eventually, some of the families moved hand, for so long, in efforts to destroy ernment. The government promised the from Crow Creek to Sisseton Native cultures, has a responsibility to Dakota annual payments of gold and Wahpeton. It is there, 140 years later, help preserve these cultures not just on goods for the land, as well as help that the letters of the Dakota pris- the National Mall in Washington, but building schools and farms. The prom- oners have been translated into modern in tribal communities throughout ises were never kept. English by their descendants. America. And we are making a start. A decade later, in August of 1862, the Like the exhibits in the new mu- Next month, the first applications Dakota were starving. The annuity seum, the Dakota Letters speak in the will go out for a new grant programs

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9398 CONGRESSIONAL RECORD — SENATE September 21, 2004 for tribal museums. Under the Native 3. But someone of authority should Mr. DASCHLE. I am happy to yield American/Native Hawaiian Museum tell us if this is not true. to the Senator from Delaware. Services Program, tribes can receive 1. hecen mitakuye wowapi cicu f grants of up to $20,000 a year. The mu- 2. Thus, my relative, I give you this ASBESTOS EXPOSURE seum program, and a similar program paper to support tribal libraries, are both ad- 3. Thus, I write to you this letter. Mr. CARPER. I thank the Senator. The minority leader has spoken ministered by the Institute of Museum 1. eya taku wanjikj nawahon about the injustice done to the Dakota and Library Sciences. 2. To say, I have heard several ru- over a century ago, and we are endeav- The Tribal Historic Preservation mors oring this year in this Congress to ad- Program in the National Park Service 3. Also I have heard some rumors gives tribes control of decisions about dress another injustice; that is, the in- 1. tonkansidan he onsiondapi qa justice where people are sick and dying cultural preservation on tribal lands by dehanyan nionyakonpi establishing tribal historic preserva- from asbestos exposure and are not get- 2. Grandfather had compassion for us, ting the money they and their families tion offices, just like State historic and so far we are still alive preservation offices. need. People who are not sick are draw- 3. Grandfather has compassion for us, ing off money that should be going to The Native American Graves Protec- and so far we are still alive. tion and Repatriation Act, passed in those who desperately need it. We have 1. tuka hecen nakaha ktepi keyapi 1990, lays out a process to identify Na- companies going bankrupt, with people heon cante onsicapi tive American sacred and funerary ob- being displaced and losing their jobs. It 2. but then now they killed him they is a bad situation, a terrible situation. jects and return them to their people. said therefore our hearts are sad. In Sisseton Wahpeton, tribal elders We can fix it. 3. but they told us he was killed, and and educators hope to use technology I thank my leader for his extraor- we are saddened. to record translation sessions of the dinary courage in pushing forward a Dakota Letters and use the recordings 1. tona onkiyukcanpi hecinhan ehna proposal to further narrow our dif- to teach the Dakota language. They cante onsicapi ferences with our Republican col- also want to use distance learning to 2. Some we think if this is so, we are leagues. If you think about all of the teach Dakota history and culture les- heartbroken. areas of progress, we have agreed there 3. Those of us here think if this is so, sons based on the letters. They can’t do should be a trust fund, we have agreed we are heartbroken. that now because they have run out of there should be a trust fund, and on money for the Dakota Letters project. 1. hehan hecan isantanka kin hecen how it should be administered; we have agreed on how much money should go An amendment Senator INOUYE is spon- tokan kante onkiyuzapi kta naceca into the trust fund; we have agreed the soring to the Native American Lan- 2. Then this Big Knives the thus how money should be fully allocated to guages Act might help the tribe finish heart hold us will maybe meet the claims out there; we have the Dakota Letters project. It would 3. Perhaps the attitude of the calvary agreed on medical criteria; we have provide additional resources for im- soldiers may change toward us. agreed on 10 different levels of impair- mersion schools and other intensive ef- 1. idukcan hecinhan omayakidaka ment. We have basically agreed on the forts to save Native American lan- wacin qa heon wowapi cicage ye do claims. While there are several areas in guages—which we are now losing at the 2. what you think, if you tell me, I which we still have some differences to alarming rate of one each month. want, therefore paper I make for you. agree on, we have made extraordinary All of these efforts, and more, need 3. Tell me what your thoughts are, I progress. and deserve the support of Congress. want to know, that’s why I write to I commend Senator DASCHLE for his Newspaper accounts of the execu- you. leadership in getting us close to this tions of the Dakota prisoners at Man- 1. hehan tonkansidan token ktepi point. I have urged Senator FRIST, who kato note that the men met their hecinhan he tanyan nawahon kta has left the floor, to invite Senator deaths with courage and dignity, wacin DASCHLE to sit down and resolve the re- chanting a Dakota death song. One re- 2. then Grandfather how they killed maining differences between the two porter recorded that their final words him if this is good I hear will I want. 3. Then I wish to hear exact1y how leaders. were a simple plea for recognition: ‘‘I This can be done, and it should be they killed Grandfather. am here.’’ done this year, and we should not leave Those same words echo from every 1. hehan eya anpetu waken eca token here without completing this job. ancient corner of this Nation. Long be- owakihi waokun wicawakiye Mr. DASCHLE. Mr. President, if I fore Europeans and others arrived, Na- 2. Then to say day holy when how I may respond to the distinguished Sen- tive Americans were here. And they are am able to preach to them ator, I compliment him on his insist- still here today, greatly enriching our 3. Then, also on Sundays when I am ence and extraordinary determination. national identity and culture. On this able I do the preach to them. One of the reasons we have made happy and historic day, as we celebrate 1. henana epe kte owasin nape progress is because of his great persist- the opening of America’s spectacular ciyuzapi ence and his ability to bring together new National Museum of the American 2. That’s all, I say will all hand they the consensus that is so necessary if we Indian, let us also celebrate the Native shake, are going to achieve final success. As American history and culture that ex- 3. This is all I’m going to say, I shake he has noted, we have come a long way. ists all across America. And let us vow all your hands. It has been my pleasure to work with to work together to preserve that his- Mowis Itewakanhdiota—he miye him as we have traveled the road to- tory and culture everywhere it exists. Moses Many Lightning Face—This is gether to reach this point where we EXHIBIT 1 me. find, as he has noted, just a few dif- 1. mitakuye ito wowapi cicage kta Translation key: ferences. It is my hope we can still wacin nakaha wotanin naonhonpi 1. original Dakota work it out prior to the end of this ses- 2. Well, my relative, I want to give 2. Dakota to English sion of Congress. I thank him for his you this paper now we have heard news 3. English translation kind words and for his leadership. 3. Well, my relative I wish to write Mr. DASCHLE. Mr. President, I ask I yield the floor. you a letter, we have heard news. unanimous consent that my leader The ACTING PRESIDENT pro tem- 1. tonkansidon ktepi keyapi comments not be taken from the first pore. The Senator from Massachusetts. 2. They said they killed Grandfather. hour of the Democratic allocation of f 3. They have said that Grandfather time. (Abraham Lincoln) was killed. The ACTING PRESIDENT pro tem- NATIVE AMERICAN MUSEUM 1. tuka hecen tuwe taku tanyan pore. Without objection, it is so or- Mr. KENNEDY. Mr. President, I con- onkokiyakapi kta iyecece sni dered. gratulate the leader for his statement 2. But then someone should tell us if Mr. CARPER. Mr. President, will the about the opening of the Native Amer- this is not true. minority leader yield? ican Museum today, and also for his

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9399 recitation of the historic and incred- and to you, that I will implement the 9/11 We are fighting a growing insurgency in an ible times in terms of the history of recommendations. Thank you. ever-widening war zone. In March, insur- the United States and the Dakota In fighting the war on terrorism my prin- gents attacked our forces 700 times. In Au- ciples are straightforward. The terrorists are tribes. It was enormously interesting. gust, they attacked 2,700 times; a 400 percent beyond reason. We must destroy them. As increase. As we all know, this issue in terms of president I will do whatever it takes, as long Fallujah, Ramadi, Samarra and parts of Native American land and rights is as it takes, to defeat our enemies. Iraq are now no-go zones, breeding grounds something that is incredibly close to But billions of people around the world, for terrorists, who are free to plot and to the heart of my friend, the Senator yearning for a better life, are open to Amer- launch attacks against our soldiers. from South Dakota. I thank him for ica’s ideals. We must reach them. The radical Shia cleric Muqtada al-Sadr, this statement this morning, particu- To win, America must be strong and Amer- who is accused of complicity in the murder ica must be smart. of Americans, holds more sway in suburbs of larly on this day of celebration for so The greatest threat that we face is the pos- Baghdad than the prime minister. many Native Americans. It was an ex- sibility of Al Qaida or other terrorists get- Violence against Iraqis, from bombings to traordinary statement and comment ting their hands on nuclear weapons. To pre- kidnappings to intimidation, is on the rise. about our history. All of us would be vent that from happening we have to call on Basic living conditions are also deterio- better citizens if we took to heart the the totality of America’s strength: strong al- rating. history of our country and its history liances to help us stop the world’s most le- Yes, there has been some progress. Thanks thal weapons from falling into the most dan- to the extraordinary efforts of our soldiers in regard to Native Americans. I thank and civilians in Iraq, schools, shops and hos- him for his comments. gerous hands; a powerful military, trans- formed to meet the threats of terrorism and pitals have been opened in certain places. In Mr. President, I ask unanimous con- the spread of weapons of mass destruction; parts of Iraq, normalcy actually prevails. sent to be reminded when I have only 1 and all of America’s power—our diplomacy, But most Iraqis have lost faith in our abil- minute left out of the time left to me. our intelligence system, our economic ity to be able to deliver meaningful improve- The ACTING PRESIDENT pro tem- power, our appeal to the values, the values of ments to their lives. So they’re sitting on pore. Without objection, it is so or- Americans, and to connect them to the val- the fence, instead of siding with us against ues of other people around the world—each the insurgents. dered. That is the truth, the truth that the com- of which is critical to making America more f mander in chief owes to our troops and to secure and to preventing a new generation of the American people. SENATOR KERRY’S IRAQ PLAN terrorists from emerging. Now, I will say to you, it is never easy to We owe it to the American people to have discuss what has gone wrong while our Mr. KENNEDY. Mr. President, yes- a real debate about the choices President troops are in constant danger. But it is es- terday, Senator KERRY laid out his Bush has made, and the choices I would sential if you want to correct the course and plan for Iraq and for enlisting inter- make and have made, to fight and win the do what’s right for those troops, instead of national support to ease the burden on war on terror. repeating the same old mistakes over and That means that we must have a great and our troops, restoring stability to Iraq, over again. and bringing our troops home in honor. honest debate on Iraq. I know this dilemma firsthand. I saw first- The president claims it is the centerpiece It is a clear warning that conditions hand what happens when pride or arrogance of his war on terror. In fact, Iraq was a pro- take over from rational decision-making. are worsening in Iraq and changes are found diversion from that war and the battle And after serving in a war, I returned home urgently needed. His speeches have against our greatest enemy. to offer my own personal views of dissent. I been praised for his thoughtfulness and Iraq was a profound diversion from that did so because I believed strongly that we realistic vision for advancing Amer- war and from our greatest enemy, Osama bin owed it to those risking their lives to speak ica’s interests in that troubled region. Laden and the terrorists. Invading Iraq has created a crisis of his- truth to power. And we still do. I ask unanimous consent to have Saddam Hussein was a brutal dictator who toric proportions and if we do not change Senator KERRY’s speech printed in the deserves his own special place in Hell. But course, there is the prospect of a war with no that was not—that was not, in and of itself, RECORD. end in sight. a reason to go to war. There being no objection, the mate- This month, we passed a cruel milestone: The satisfaction that we take in his down- rials was ordered to be printed in the more than 1,000 Americans lost in Iraq. Their fall does not hide this fact: We have traded a ECORD sacrifice reminds us that Iraq remains over- R , as follows: dictator for a chaos that has left America whelmingly an American burden. Nearly 90 [From the Washington Post, Sept. 20, 2004] less secure. percent of the troops and nearly 90 percent of KERRY LAYS OUT IRAQ PLAN Now, the president has said that he miscal- the casualties are American. culated in Iraq, and that it was a cata- Following is the text of Democratic presi- Despite the president’s claims, this is not a dential candidate John Kerry’s speech deliv- strophic success. grand coalition. The first and most fundamental mistake ered in New York. Our troops have served with extraordinary was the president’s failure to tell the truth (Joined in progress) KERRY: I am really bravery and skill and resolve. Their service to the American people. honored to be here at New York University, humbles all of us. I visited with some of He failed to tell the truth about the ration- at NYU Wagner, one of the great urban uni- them in the hospitals and I am stunned by ale for going to war, and he failed to tell the versities in America. Not just in New York, their commitment, by their sense of duty, truth about the burden this war would im- but in the world. You’ve set a high standard, their patriotism. When I speak to them, pose on our soldiers and our citizens. you always set a high standard for global when I look into the eyes of their families, I By one count, the president offered 23 dif- dialogue, as Ellen (ph) mentioned a moment know this: We owe them the truth about ferent rationales for this war. If his purpose ago. And I intend to live up to that tradition what we have asked them to do and what is was to confuse and mislead the American here today. This election is about choices. still to be done. people, he succeeded. The most important choices a president Would you all join me? My wife Teresa has His two main rationales, weapons of mass makes are about protecting America, at made it through the traffic, and I’m de- destruction and the Al Qaida-September 11th home and around the world. A president’s lighted that she is here. Thank you. connection, have both been proved false by first obligation is to make America safer, In June, the president declared, The Iraqi the president’s own weapons inspectors and stronger and truer to our ideals. people have their country back. And just last by the 9/11 Commission. Only a few blocks from here, three years week he told us, This country is headed to- And just last week, Secretary of State ago, the events of September 11th remind ward democracy; freedom is on the march. Powell acknowledged those facts. Only Vice every American of that obligation. That day But the administration’s own official intel- President Cheney still insists that the Earth brought to our shores the defining struggle ligence estimate, given to the president last is flat. of our times: the struggle between freedom July, tells a very different story. The president also failed to level with the and radical fundamentalism. And it made According to press reports, the intelligence American people about what it would take to clear that our most important task is to estimate totally contradicts what the presi- prevail in Iraq. He didn’t tell us that well fight and to win the war on terrorism. dent is saying to the American people and so over 100,000 troops would be needed for years, With us today is a remarkable group of do the facts on the ground. not months. He didn’t tell us that he women who lost loved ones on September Security is deteriorating for us and for the wouldn’t take the time to assemble a gen- 11th, and whose support I am honored to Iraqis. Forty-two Americans died in Iraq in uine, broad, strong coalition of allies. He have. Not only did they suffer unbearable June, the month before the handover. But 54 didn’t tell us that the cost would exceed $200 loss, but they helped us as a nation to learn died in July, 66 in August and already 54 billion. He didn’t tell us that even after pay- the lessons of that terrible time by insisting halfway through September. And more than ing such a heavy price, success was far from on the creation of the 9/11 Commission. 1,100 Americans were wounded in August; assured. I ask them to stand, and I thank them on more than in any other month since the in- And America will pay an even heavier behalf of our country, and I pledge to them, vasion. price for the president’s lack of candor.

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9400 CONGRESSIONAL RECORD — SENATE September 21, 2004 At home, the American people are less After the events of September 11th, we had And he plunged ahead by choice, without un- likely to trust this administration if it needs an opportunity to bring our country and the derstanding or preparing for the con- to summon their support to meet real and world together in a legitimate struggle sequences of postwar. None of which I would pressing threats to our security. against terrorists. On September 12th, head- have done. In the dark days of the Cuban missile cri- lines and newspapers abroad declared that, Yet today, President Bush tells us that he sis, President Kennedy sent former Sec- We are all Americans now. would do everything all over again the same retary of State Dean Acheson to Europe to But through his policy in Iraq, the presi- way. build support. Acheson explained the situa- dent squandered that moment and, rather How can he possibly be serious? Is he real- tion to French President de Gaulle. Then he than isolating the terrorists, left America ly saying to America that if we know there offered to show him highly classified sat- isolated from the world. was no imminent threat, no weapons of mass ellite photos as proof. De Gaulle waved him We now know that Iraq had no weapons of destruction, no ties to Al Qaida, the United away, saying, The word of the president of mass destruction, and posed no imminent States should have invaded Iraq? the United States is good enough for me. threat to our security. My answer: resoundingly, no, because a How many world leaders have that same The president’s policy in Iraq took our at- commander in chief’s first responsibility is trust in America’s president today? This tention and our resources away from other to make a wise and responsible decision to president’s failure to tell the truth to us and more serious threats to America, threats keep America safe. to the world before the war has been exceed- like North Korea, which actually has weap- Now the president is looking for a reason, ed by fundamental errors of judgment during ons of mass destruction, including a nuclear a new reason to hang his hat on—it’s the ca- and after the war. arsenal, and is building more right now pability to acquire weapons. The president now admits to miscalcula- under this president’s watch; the emerging Well, ladies and gentlemen, my fellow tions in Iraq. Miscalculations: This is one of nuclear danger of Iran; the tons and kilotons Americans, that was not the reason given to the greatest underestimates in recent Amer- of unsecured chemical and nuclear weapons the nation, that was not the reason the Con- ican history. in Russia; and the increasing instability in gress voted on. That is not a reason today; it His miscalculations were not the equiva- Afghanistan. is an excuse. lent of accounting errors. They were colossal Today, warlords again control much of Thirty-five to 40 countries have greater ca- failures of judgment, and judgment is what that country, the Taliban is regrouping, pability to build a nuclear bomb than Iraq we look for in a president. opium production is at an all-time high and did in 2003. Is President Bush saying we And this is all the more stunning, because the Al Qaida leadership still plots and plans, should invade all of them? I would have personally concentrated our we’re not talking about 20/20 hindsight, we’re not only there, but in 60 other nations. power and resources on defeating global ter- not talking about Monday morning quarter- Instead of using U.S. forces, we relied on rorism and capturing Osama bin Laden. backing. Before the war, before he chose to warlords, who one week earlier had been I would have tightened the noose and con- go to war, bipartisan congressional hearings, fighting on the other side, to go up in the tinued to pressure and isolate Saddam Hus- major outside studies and even some in his mountains to capture Osama bin Laden when sein—who was weak and getting weaker—so own administration, predicted virtually he was cornered. He slipped away. that he would pose no threat to the region or every problem that we face in Iraq today. We then diverted our focus and our forces to America. The result is a long litany of misjudgments from the hunt for those who were responsible with terrible and real consequences. The president’s insistence that he would do for September 11th in order to invade Iraq. the same thing all over again in Iraq is a The administration told us we would be We know now that Iraq played no part. We clear warning for the future. And it makes greeted as liberators; they were wrong. They knew then on September 11th. And it had no the choice in this election clear: more of the told us not to worry about the looting or the operational ties to Al Qaida. same with President Bush or a new, smarter sorry state of Iraq’s infrastructure; they The president’s policy in Iraq precipitated direction with John Kerry that makes our were wrong. They told us we had enough the very problem that he said he was trying troops and America safer. That’s the choice. troops to provide security and stability, de- to prevent. It is time, at long last, to ask the ques- feat the insurgents, guard the borders and Secretary of State Powell admits that Iraq tions and insist on the answers from the secure the arms depots; they were tragically was not a magnet for international terrorists commander in chief about his serious wrong. before their war; now it is, and they are op- misjudgments and what they tell us about They told us we could rely on exiles like erating against our troops. his administration and the president himself. Ahmed Chalabi to build political legitimacy; Iraq is becoming a sanctuary for a new In Iraq, we have a mess on our hands. But they were wrong. They told us we would generation of terrorists who could someday we cannot just throw up our hands, we can- quickly restore an Iraqi civil service to run hit the United States of America. not afford to see Iraq become a permanent the country, and a police force and an army And we know that while Iraq was a source source of terror that will endanger America’s to secure it; they were wrong. of friction, it was not previously a source of In Iraq, this administration has consist- security for years to come. serious disagreement with our allies in Eu- All across this country, people ask me and ently overpromised and underperformed. And rope and countries in the Muslim world. this policy has been plagued by a lack of others, what we should do now every stop of The president’s policy in Iraq divided our the way. From the first time I spoke about planning, by an absence of candor, arrogance oldest alliance and sent our standing in the and outright incompetence. this in the Senate, I have set out a specific Muslim world into freefall. set of recommendations from day one, from And the president has held no one account- Three years after 9/11, even in many mod- the first debate until this moment. I have set able, including himself. erate Muslim countries, like Jordan, Mo- In fact, the only officials—the only offi- out specific steps of how we should not and rocco and Turkey, Osama bin Laden is more cials who’ve lost their jobs over Iraq were how we should proceed. popular than the United States of America. the ones who told the truth. But over and over, when this administra- Economic adviser Larry Lindsey said it Two years ago, Congress was right to give tion has been presented with a reasonable al- would cost as much as $200 billion. Pretty the president the authority to use force to ternative, they have rejected it and gone good calculation. He was fired. hold Saddam Hussein accountable. This their own way. This is stubborn incom- After the successful entry into Baghdad, president, any president, would have needed petence. George Bush was offered help from the U.N., that threat of force to act effectively. This Five months ago in Fulton, Missouri, I said and he rejected it, stiff-armed them, decided president misused that authority. that the president was close to his last to go it alone. He even prohibited nations The power entrusted to the president pur- chance to get it right. Every day this presi- from participating in reconstruction efforts posefully gave him a strong hand to play in dent makes it more difficult to deal with because they weren’t part of the original co- the international community. The idea was Iraq, harder than it was five months ago, alition, pushing reluctant countries even fur- simple: We would get the weapons inspectors harder than it was a year ago, a year and a ther away. And as we continue to fight this back in to verify whether or not Iraq had half ago. war almost alone, it is hard to estimate how weapons of mass destruction and we would It’s time to recognize what is and what is costly that arrogant decision really was. convince the world to speak with one voice not happening in Iraq today and we must act Can anyone seriously say this president to Saddam, disarm or be disarmed. with urgency. has handled Iraq in a way that makes Amer- A month before the war, President Bush Just this weekend, a leading Republican, ica stronger in the war on terrorism? told the nation, If we have to act, we will Chuck Hagel, said that, we’re in deep trouble AUDIENCE: No! take every precaution that is possible. We in Iraq. It doesn’t add up to a pretty picture, KERRY: By any measure, by any measure, will plan carefully. We will act with the full he said, and we’re going to have to look at a the answer is no. power of the United States military. We will recalibration of our policy. Nuclear dangers have mounted across the act with allies at our side and we will pre- Republican leaders like Dick Lugar and globe. The international terrorist club has vail. John McCain have offered similar assess- expanded. Radicalism in the Middle East is Instead, the president rushed to war, with- ments. on the rise. We have divided our friends and out letting the weapons inspectors finish We need to turn the page and make a fresh united our enemies. And our standing in the their work. He went purposefully, by choice, start in Iraq. world is at an all-time low. without a broad and deep coalition of allies. First, the president has to get the prom- Think about it for a minute. Consider He acted by choice, without making sure ised international support so our men and where we were and where we are. that our troops even had enough body armor. women in uniform don’t have to go it alone.

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9401 Last spring, after too many months of Congress for permission to radically revise outcome and others should have always been delay, after reluctance to take the advice of the spending priorities in Iraq. It took them bearing the burden. so many of us, the president finally went 17 months for them to understand that secu- That’s the right way to get the job done. It back to the U.N., and it passed Resolution rity is a priority, 17 months to figure out always was the right way to get the job done 1546. It was the right thing to do, but it was that boosting oil production is critical, 17 to minimize the risk to American troops and late. months to conclude that an Iraqi with a job the cost to American taxpayers. And it is the That resolution calls on U.N. members to is less likely to shoot at our soldiers. right way to get our troops home. help in Iraq by providing troops, trainers for One year ago, this administration asked On May 1st of last year, President Bush Iraq’s security forces and a special brigade to for and received $18 billion to help the Iraqis stood in front of a now-infamous banner that protect the U.N. mission, and more financial and relieve the conditions that contribute to read Mission accomplished. He declared to assistance and real debt relief. the insurgency. Today, less than $1 billion of the American people that, In the battle of But guess what? Three months later, not a those funds have actually been spent. I said Iraq, the United States and our allies have single country has answered that call, and at the time that we have to rethink our poli- prevailed. the president acts as if it doesn’t matter. cies and set standards of accountability, and In fact, the worst part of the war was just And of the 13 billion that was previously now we’re paying the price for not doing beginning, with the greatest number of pledged to Iraq by other countries, only $1.2 that. American casualties still to come. billion has been delivered. He should use more Iraqi contractors and The president misled, miscalculated and The president should convene a summit workers instead of big corporations like Hal- mismanaged every aspect of this under- meeting of the world’s major powers and of liburton. taking and he has made the achievement of Iraq’s neighbors, this week, in New York, In fact, he should stop paying companies our objective—a stable Iraq, secure within where many leaders will attend the U.N. under fraud investigation or corruption in- its borders, with a representative govern- General Assembly, and he should insist that vestigation. And he should fire the civilians ment—far harder to achieve than it ever they make good on the U.N. resolution. He in the Pentagon who are responsible for mis- should have been. should offer potential troop contributors spe- managing the reconstruction effort. In Iraq, this administration’s record is cific but critical roles in training Iraqi secu- Fourth, the president must take imme- filled with bad predictions, inaccurate cost rity personnel and in securing Iraqi borders. diate, urgent, essential steps to guarantee estimates, deceptive statements and errors He should give other countries a stake in that the promised election can be held next of judgment, presidential judgment, of his- Iraq’s future by encouraging them to help year. Credible elections are key to producing toric proportions. develop Iraq’s oil resources and by letting an Iraqi government that enjoys the support At every critical juncture in Iraq and in them bid on contracts instead of locking of the Iraqi people and an assembly that the war on terrorism, the president has made them out of the reconstruction process. could write a constitution and yields a viable the wrong choice. Now, is this more difficult today? You bet power-sharing agreement. I have a plan to make America stronger. it is. It’s more difficult today because the Because Iraqis have no experience in hold- The president often says that in a post–9/11 president hasn’t been doing it from the be- ing free and fair elections, the president world we can’t hesitate to act. I agree. But ginning. And I and others have repeatedly agreed six months ago that the U.N. must we should not act just for the sake of acting. recommended this from the very beginning. play a central role, yet today, just four George Bush has no strategy for Iraq. I do Delay has only made it harder. After in- months before Iraqis are supposed to go to and I have all along. sulting allies and shredding alliances, this the polls, the U.N. Secretary General and ad- George Bush has not told the truth to the president may not have the trust and the ministration officials say elections are in American people about why we went to war confidence to bring others to our side in grave doubt, because the security situation and how the war is going. I have and I will Iraq. is so bad, and because not a single country continue to do so. But I’ll tell you, we cannot hope to succeed has yet offered troops to protect the U.N. I believe the invasion of Iraq has made us unless we rebuild and lead strong alliances elections mission. less secure and weaker in the war on ter- so that other nations share the burden with The president needs to tell the truth. The rorism. I have a plan to fight a smarter, us. That is the only way to be successful in president needs to deal with reality, and he more effective war on terror that actually the end. should recruit troops from our friends and makes America safer. Second, the president must get serious allies for a U.N. protection force. Today, because of George Bush’s policy in about training Iraqi security forces. Now, this is not going to be easy. I under- Iraq, the world is a more dangerous place for Last February, Secretary Rumsfeld stand that. America and Americans; just ask anyone claimed that—claimed that more than 210,000 Again, I repeat, every month that’s gone who travels. Iraqis were in uniform. This is the public by, every offer of help spurned, every alter- If you share my conviction that we cannot statement to America. native not taken for these past months has go on as we are, that we can make America Well, guess what, America? Neither num- made this more difficult and those were this stronger and safer than it is, then November ber bears any relationship to the truth. president’s choices. But even countries that 2nd is your chance to speak and to be heard. For example, just 5,000 Iraqi soldiers have refused to put boots on the ground in Iraq It is not a question of staying the course, been fully trained by the administration’s ought to still be prepared to help the United but of changing the course. own minimal standards. And of the 35,000 po- Nations hold an election. I am convinced that with the right leader- lice now in uniform, not one—not one has We should also intensify the training of ship, we can create a fresh start, move more completed a 24–week field training program. Iraqis to manage and guard the polling effectively to accomplish our goals. Is it any wonder that Iraqi security forces places that need to be opened. Otherwise, Our troops have served with extraordinary can’t stop the insurgency or provide basic U.S. forces will end up bearing that burden courage and commitment. For their sake, for law and order? alone. America’s sake, we have to get this right. We The president should urgently expand the If the president would move in this direc- have to do everything in our power to com- security forces’ training program inside and tion, if he would bring in more help from plete the mission and make America strong- outside of Iraq. He should strengthen the other countries to provide resources and to er at home and respected again in the world. vetting of recruits, double the classroom train the Iraqis to provide their own security Thank you, God bless you and God bless training time, require the follow-on field and to develop a reconstruction plan that the United States of America. training. He should recruit thousands of brings real benefits to the Iraqi people, and Thank you. qualified trainers from our allies, especially take the steps necessary to hold elections those who have no troops in Iraq. He should next year, if all of that happened, we could f press our NATO allies to open training cen- begin to withdraw U.S. forces starting next ters in their countries. summer and realistically aim to bring our WIDENING OF THE INCOME GAP And he should stop misleading the Amer- troops home within the next four years. Mr. KENNEDY. Mr. President, I draw ican people with phony, inflated numbers That can achieved. to the attention of the Senate an issue and start behaving like we really are at war. This is what has to be done. This is what which many of us have been concerned Third, the president must carry out a re- I would do if I were president today. But we construction plan that finally brings tan- can’t afford to wait until January and I can’t about for some period of time. Now it gible benefits to the Iraqi people, all of tell you what I will find in Iraq on January has reached the front page of some of which, may I say, should have been in the 20th. the leading newspapers of this country, plan and immediately launched with such a President Bush owes it to the American and it is something that is of central ferocity that there was no doubt about people to tell the truth and put Iraq on the concern to families all over this Na- America’s commitment or capacity in the right track. Even more, he owes it to our tion. I refer to the excellent opening very first moments afterwards. But they troops and their families whose sacrifice is a yesterday of a series by the Wash- didn’t plan. testament to the best of America. He ignored his own State Department’s The principles that should guide American ington Post, yesterday’s called ‘‘As In- plan, he discarded it. policy in Iraq now and in the future are come Gap Widens, Uncertainty Last week, the administration admitted clear. We must make Iraq the world’s respon- Spreads.’’ This is an enormously inter- that its plan was a failure when it asked sibility, because the world has a stake in the esting column.

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9402 CONGRESSIONAL RECORD — SENATE September 21, 2004 I ask unanimous consent that ex- something about it. But we have been ary of 2001 to August 2004—1.7 million cerpts from this column be printed in rebuffed and the ideas have been re- jobs lost, not gained but lost, here in the RECORD. jected in the Senate, and certainly by the United States. We have gone from There being no objection, the mate- the administration. 111,600,000 to 109,800,000 jobs. rial was ordered to be printed in the When we are talking about dealing Let’s look at what is happening RECORD, as follows: with some of the issues, which I will across the country. Here is a chart that Figuring out what the future holds for comment on, we find an administration shows, under President Bush, unem- workers is key to understanding a historic that says no to an increase in the min- ployment is higher in 45 of the 50 shift in the U.S. workforce, a shift that has imum wage, no to extending unemploy- States. The States that are marked in been changing the rules for a crucial part of ment compensation, no in terms of red on this chart are States with high- the middle class. overtime, all which would have a great er unemployment than when Bush took This transformation is no longer just impact on the middle class. office. The States with the same unem- about factory workers, whose ranks have de- Now, what do we hear on the other ployment as when the President took clined by 5 million in the past 25 years as side? First of all, we heard from the office are marked in yellow. The States manufacturing moved to countries with marked in green have lower unemploy- cheaper labor. All kinds of jobs that pay in President of the United States in New the middle range—are vanishing, including York yesterday: ‘‘The economy is ment than when the President took of- computer-code crunchers, produce managers, strong and is getting stronger.’’ This is fice, which are Louisiana, Nevada, Ha- call-center operators, travel agents and of- from a speech the President made in waii, and Delaware—four States. For fice clerks. New York yesterday, even though New all of the other States, you see the loss The jobs have had one thing in common: York has lost 240,000 jobs since the of over 1 million jobs. We have higher For people with a high school diploma and President took office. unemployment not only in some re- perhaps a bit of college, they can be a ticket gions of the country but generally to a modest home, health insurance, decent Also yesterday, in New Hampshire, the President said: ‘‘The economy of throughout the country. retirement and maybe some savings for the What is happening in terms of the ours is growing.’’ New Hampshire’s un- kids’ tuition. Such jobs were a big reason new jobs? As shown on this chart, most employment rate is 32 percent higher America’s middle class flourished in the sec- new jobs in the Bush economy pay low ond half of the 20th century. than when the President took office. wages. This is not something we are Now what those jobs share is vulnerability. The New Hampshire economy has lost The people who fill them have become re- saying over on this side, the Demo- more than 7,000 jobs. But according to cratic side. This is the chief economist placeable by machines, workers overseas or the President: ‘‘The economy of ours is temporary employees at home who lack ben- for Morgan Stanley, who says 81 per- growing.’’ And according to the Presi- efits. And when they are replaced, many cent of the growth in jobs is in the low- don’t know where to turn. dent yesterday: ‘‘The economy is wage industries: janitors, salespeople, Robert Boyer retrained in computers after strong and is getting stronger.’’ movers, repairmen, and drivers. It is the plant closed. But tech companies told And then we see, of course, what the interesting, those jobs do not have the him they wanted five years’ experience, not President said at the time of the Re- benefits. Those jobs do not have the a certificate from a six-month course. So he publican Convention: ‘‘We have seen a health insurance. Those jobs do not works for $11.50 an hour at Home Depot, shaken economy rise to its feet.’’ Well, using the wisdom of four decades as plant have any kind of sick leave. Those jobs how can it be this way? How can the do not have any kind of protection in electrician to help customers pick light President of the United States be say- bulbs for their remodeled kitchens. terms of pensions or anything else. And Boyer turns angry at any suggestion that ing ‘‘the economy is strong and is get- it is 81 percent of the growth in jobs, the jobs picture is not that bad. ‘‘When these ting stronger’’ and then we have these according to Morgan Stanley. Jobs in guys get on the boob tube and say there’s reports here? the high-wage industries—construction jobs out there, you just gotta go out there Well, let’s look at the facts. Let’s jobs, white-collar jobs—are the remain- and get them, it makes me want to go out look at what has been happening over ing 19 percent. So we have seen that there and grab them by the throat and say, the period of the recent years. If we ‘Where? Where are the jobs at?’’ whatever jobs have been created have look at the recovery the President largely been at the lower level. Mr. KENNEDY. Mr. President, I high- talks about, as shown on this chart, This chart is from the Economic Pol- light what this story is really about. I the current recovery is depicted by this icy Institute. It shows the disparity in think we will find—I certainly do in red line right here in terms of job pay between growing and shrinking in- my home State of Massachusetts and growth. If you are looking at the recov- dustries—$51,270 for the expanding in- my travels around the country—that eries before 1991, you see the job dustries, $30,368 for the contracting in- this is a reality check. This story is a growth that went up, as shown here. dustries—41 percent less. So this is say- reality check of what is happening in And if you look from 1991 to 1993, this ing essentially what the previous chart cities, towns, urban areas, and rural is the job growth here. It is basically showed; and that is, the jobs that are areas across the country. the Clinton job growth. being created even now are still not It says: We see the difference between the paying well. As Income Gap Widens, Uncertainty Clinton job growth and the Bush job Let’s see what is happening to the Spreads. growth. Make no mistake about it, families across the country. These are I quote the Washington Post: Presidential leadership makes a dif- median household incomes. This is The vanishing middle class. ference. Look at the record. During what is happening in working families Now what middle class jobs share is vul- President Clinton’s administration, 22 over the period from 2000 to 2003. The nerability . . . The people who fill them have million jobs were added. During Presi- real purchasing power has gone down been replaceable by machines, workers over- dent Kennedy’s administration, we had some $1,500. seas or temporary employees at home who one of the longest periods of economic So we say, all right, this is the di- lack benefits, and when they are replaced growth and price stability that we had lemma. You are sure it is a slow econ- they don’t know where to turn. in that century up until the time of omy, but what in the world should we The article continues: President Clinton. So Presidential expect? We all have to share this bur- All kinds of jobs that pay in the middle leadership does matter. den, and it is too bad that workers range are vanishing, including computer We have the President saying: Every- have to share it. What is so bad about code crunchers, produce managers, call cen- thing is fine. We are growing stronger that? Well, I will show you what is bad ter operators, travel agents and office clerks. and stronger. It is not the Democrats about that, and that is, we have seen And the list goes on, and the article who are saying we have a real crisis in that productivity is growing 15 times goes on and on about what is happening the middle class. Here we have one of faster than wages—workers are work- to middle-income workers in the our national newspapers that is saying ing longer, they are working harder, United States of America at this time. exactly what many of us have been and they are producing more, but they I find that this article is a restate- saying for some period of time. are not seeing the benefit in terms of ment about what many of us believe Now, what are the facts? We can see wages. They are not seeing it. This is has been happening for some time and the economic record. We have lost 1.7 the largest disparity in terms of pro- trying to make it a point to try to do million private-sector jobs from Janu- ductivity versus wages in the recent

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9403 history of this country. So the workers In my part of the country, in Cape When we offer an amendment on one are working longer. They are working Cod last week, for a gallon of gas it of the bills, what do our Republican harder. They are producing more. But cost $4.05. I know it is about $3.23 a gal- friends do? They pull the bill. State De- do you think that would reflect itself lon in other parts of the country. partment reauthorization, pull the bill; in increased wages? You are asking a person to work for add it onto the reform of welfare, pull And let me show you this chart here. a minimum wage of $5.15 and to buy a the bill down; class action, pull the In the Bush economy, we find that cor- gallon of milk at $4.05. The administra- bill. We don’t want to even vote on it. porations are getting a bigger and big- tion says they are opposed to any real Imagine that. Imagine not even want- ger share of the pie. Here is the share increase. These are hard-working men ing to vote on it. of corporate profits having increased and women, more than 7 million of Six million have lost overtime pro- by 65 percent over workers’ wages. This them, many women with children. It is tection under the new Bush rule. Let gap here is the largest gap we have had an issue which affects many of those me give a quick review of who is im- in the postwar period: larger corporate hard-working men and women of dig- pacted. These are the individuals who profits, workers with increased produc- nity. would be impacted: police, nurses. tivity, working longer and harder and If you look at what has happened in They are our homeland defenders, the yet they are still not able to make ends terms of health care costs, the con- first responders. They are the ones meet. These charts are going back to sumer price index has gone up 1.6, 2.4, whose overtime is threatened. what the Washington Post pointed out 1.8, 5.9, and total health care costs cu- In the last several days, my colleague here: ‘‘As Income Gap Widens, Uncer- mulatively, 59 percent. One might ask, and friend Senator KERRY has offered a tainty Spreads.’’ That is what is hap- what in the world can we do about it? real alternative to the current eco- pening in the economy. One of the things we might be able to nomic challenges we are facing, that And we can see the difference be- do about it in terms of drug costs is re- middle-income Americans are facing tween this and other recoveries. The importation. We could do something every single day in terms of lost wages, average in the last eight recoveries is about that. We have a bipartisan bill. lost jobs, lost health insurance, lost op- corporate profits going up 14 percent Yet we can’t get it on the floor. We portunities for education. It talks and the workers’ wages going up 8.6 can’t get an up-or-down vote. Those of about creating good-paying jobs, percent. But here in the Bush recovery us who would support it would go for strengthening the middle class, and re- you have corporate profits going up 39 an hour evenly divided. Let’s get ac- storing America’s competitive edge percent and wages—adjusted for infla- countability. Let’s do something about and cutting the deficit. tion—going down by half of 1 percent. the cost. I ask unanimous consent that an ex- There it is. When you ask, so you are com- cerpt of this plan be printed in the We ask: Is this President doing any- plaining about the increase in cost, RECORD. thing about it? What is he doing? Op- what is your idea? One of the ideas is There being no objection, the mate- posing an increase in the minimum the reimportation of drugs. But no, we rial was ordered to be printed in the wage, saying no more overtime for can’t do that. We have dealt with all RECORD, as follows: middle-income families, and no, you the issues of safety. I yield to no one in THE KERRY-EDWARDS ECONOMIC PLAN are not going to get the unemployment this body in terms of the safety of Under George Bush, America has lost 1.6 compensation you paid into, that you health care. We are unable to permit million private-sector jobs. The typical fam- are entitled to as a matter of right. the Medicare to negotiate lower drug ily has seen its income fall by more than This is an extraordinary chart, where prices for seniors. We could do some- $1,500. Real business investment and exports you get, on average, CEOs making $8.1 thing about that. But no, we are denied are both down under George Bush, the first the opportunity. As a result, we have time we have a decline during a Presidential million versus the average worker’s term in over 70 years. And all George Bush $26,000. This is startling. It is the aver- exploding costs that are going out of has had to offer are excuses and bad plans age, not the median. It is the average control in terms of health care gen- that put job creation and the middle class because so many of the CEOs make so erally and in terms of prescription last while favoring special interests. much more. The point is, the disparity drugs—all impacting middle-class fam- John Kerry and John Edwards believe that between the CEOs and the workers is ilies. More and more of them are losing America can do better. They have an eco- 300 times. their health care coverage, their secu- nomic plan that will unleash the productive Now, it is against that background rity. They haven’t got wage security. powers of America’s workers and companies, creating millions of good-paying jobs and that we have many being laid off and They don’t have job security. They strengthening the middle class. Their eco- new jobs not paying well, that we have don’t have education security. They nomic plan is built around four basic prin- the administration putting a lid on any don’t have health security. This chart ciples: of the efforts we can provide in the illustrates that, every single year, (1) Create Good-paying Jobs in America Senate in terms of unemployment com- more than a million, from 2000 to 2003. End tax breaks for companies creating jobs pensation and protecting overtime. The economy is strong? The economy overseas and cut taxes for 99 percent of tax- paying corporations. And what has been happening out is getting stronger? Everything is OK? A New Jobs Tax Credit to encourage hiring there? What has been happening in the Hello. by manufacturers, other businesses affected meantime? We know the wages these It isn’t just those on this side of the by outsourcing and small businesses in 2005 workers are receiving, if they have aisle who say that this is what is hap- and 2006. been laid off and they get a new job, pening; we have seen this in news- Level the playing field by enforcing out are not keeping up with the cost of papers all across the country. All you trade agreements and trade laws. things. have to do is visit any town in Amer- (2) Strengthen Middle-class Families by Here it is over the period of the last ica. We know what the results are: We Cutting Taxes and Lowering Health and En- ergy Costs 4 years: Health insurance has increased have 13 million children hungry or on Cut taxes for 98 percent of families, includ- 59 percent. If the middle income is in- the verge of hunger here in the United ing new tax breaks for education, child care, terested in their children being able to States. And the economy is getting and health care. go to schools and colleges, tuition has stronger? Eight million Americans are Cut health premiums by up to $1,000 for gone up 28 percent. Interestingly, there unemployed, and nearly 3 million have families. is no increase in Pell grants, absolutely lost unemployment benefits since Re- Provide $25 billion in a State and Local Tuition and Tax Relief Fund. none, although in January of 2000, publicans ended the program. Seven (3) Restore America’s Competitive Edge when the President was running for of- million low wage workers wait 7 years Make America energy independent of Mid- fice, he said he would ask for an in- for a minimum wage increase. That dle East oil. crease in the Pell grants. We never re- used to be a bipartisan effort, to have Invest more in research and development, ceived that. And in the appropriations an increase in the minimum wage. including lifting the ban on stem cell re- search and making broadband universal. this year they will see no increase President Bush 1 signed an increase. Double the Manufacturing Extension Part- whatsoever. Housing costs are up 27 President Nixon signed an increase. It nership (MEP). percent. Gas is up 22 percent. Milk is was bipartisan for years. But no, we Provide a tax cut on up to $4,000 of college up 13 percent. can’t even get a vote on it. tuition and investment in training.

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9404 CONGRESSIONAL RECORD — SENATE September 21, 2004 (4) Cut the Deficit and Restore Economic beyond international law, went beyond the The State Department acknowledged Confidence stated mission, and said we’re going to show that, in fact, twice as many people died Cut the deficit in half in four years by re- our macho? We’re going into Baghdad. We’re in terrorist attacks in 2003, and ter- straining spending growth, paying for all going to be an occupying power—America in rorism around the world has increased proposals, and eliminating corporate wel- an Arab land—with no allies at our side. It fare. would have been disastrous. significantly. The objective statistical record is Mr. KENNEDY. I thank the Chair. That was former President Bush in The ACTING PRESIDENT pro tem- clear: As a consequence of choices 1999. made by George W. Bush, America is pore. The 10 minutes we are currently Of course, we heard the same pro- in are reserved for the Senator from weaker, America is less secure, Ameri- phetic warnings from Brent Scowcroft, cans traveling abroad are less secure, Iowa. James Baker, and other foreign policy The Senator from Iowa. America is more vulnerable. And the experts. But this President Bush and professionals—the men and women on f his partner DICK CHENEY thought they the front lines—know this is true. INSTABILITY IN IRAQ knew better. So now the disaster that Earlier this year, the Army War Col- Bush 41 warned against has become a Mr. HARKIN. Mr. President, the lege published a report that concluded, reality under Bush 43. It is painfully chaos in Iraq gets worse with every in so many words, that the administra- clear that President George W. Bush’s week that goes by. Many key cities are tion has bungled the war on terrorism. wrong choices—in particular, the now under the control of the insur- The report called the war in Iraq ‘‘un- botched hunt for Osama bin Laden, the gents. Virtually every day we see car necessary.’’ It said Iraq ‘‘was a war-of- invasion of Iraq based on false jus- bombings, kidnappings, assassinations, choice distraction from the war of ne- tifications, the Abu Ghraib torture beheadings. American soldiers and cessity against al-Qaida.’’ As a result scandal, the alienation of our friends Iraqi civilians are being attacked and of this detour, says the report, the U.S. and the world—have been profoundly killed at an alarming and escalating Army is ‘‘near the breaking point.’’ destructive to America’s national in- Who can disagree with these find- rate. But if we listen to the President, terest. They have damaged our tradi- ings? With our military tied down in what we hear is sugar-coated happy tional alliances. They have undermined Iraq indefinitely, unable to respond to talk. real threats, America is weaker, not The President says: our moral authority, and they have all but destroyed our credibility. stronger. We are less secure, not more We’re making progress. We’re making Worst of all, the actions of this ad- secure. We are more vulnerable, not progress. ministration have had the perverse ef- less vulnerable. He says we have a strong government fect of encouraging, inciting, multi- I was struck, several weeks ago, by a in Iraq headed by Mr. Allawi. He says plying the terrorist threat. Exhibit A statement from one of our colleagues, that because of the U.S. invasion of is Osama bin Laden himself. It has Congressman Doug Bereuter of Ne- Iraq, democracy is spreading ‘‘like a been more than 3 years since the Presi- braska. Mr. Bereuter is vice chairman sunrise.’’ dent pledged to ‘‘smoke him out’’ of his of the House Intelligence Committee Well, the President may have been a cave. But Mr. Bush did not smoke out and a senior Republican member of the cheerleader in college, but we need Osama bin Laden. Instead, the Bush ad- House International Relations Com- more than cheerleading now. ministration got massively distracted mittee. Congressman Bereuter was a Let’s be clear: President Bush misled by its obsession with Saddam Hussein. strong supporter of the House resolu- us into this war, and he is misleading These days, the days responsible for tion authorizing the President to go to us today about where we stand in Iraq. the murder of some 3,000 Americans on war. But in a letter to constituents, he His misguided, mismanaged war has be- 9/11 is ‘‘Osama bin forgotten.’’ now says the invasion of Iraq was un- come a quagmire with ever-rising body In a press conference Secretary justified and ‘‘it was a mistake to counts and no end in sight. Rumsfeld had on September 10 of this launch that military action.’’ He said, Over the weekend, a host of Repub- year, he mixed up Saddam Hussein and ‘‘We are immersed in a dangerous, cost- lican Senators stepped forward to urge Osama bin Laden twice. Here is a quote ly mess, and there is no easy and quick the President to face the facts and at from our Secretary of Defense: way to end our responsibilities in Iraq long last to be open and honest with Saddam Hussein, if he is alive, is spending without creating bigger future prob- the American people. On Sunday, Sen- a whale of a lot of time trying to not get lems in the region and, in general, in ator HAGEL of Nebraska said: caught and we have not seen him on video the Muslim world.’’ The fact is, we’re in trouble. We’re in deep since 2001. Mr. President, how much time do I trouble in Iraq. Well, Saddam Hussein, as John Stew- have? Senator RICHARD LUGAR, distin- art pointed out on ‘‘The Daily Show’’ The ACTING PRESIDENT pro tem- guished chairman of the Foreign Rela- last night, is in prison. But he said that pore. The Senator’s time has expired. Mr. HARKIN. Mr. President, I will tions Committee, criticized what he twice about Saddam Hussein. You see, close by saying America is more vul- called ‘‘incompetence in the adminis- in their minds—in Rumsfeld’s mind, nerable, not less; and we need straight tration’’ that has resulted in a failed Osama bin Laden and Saddam Hussein Iraq reconstruction effort. answers from this administration. are the same person. He cannot quite The ACTING PRESIDENT pro tem- Senator JOHN MCCAIN said: distinguish them. pore. The majority controls the next 30 We’re not winning. The problem is Osama bin Laden has minutes. Who yields time? Senator LINDSEY GRAHAM said that not forgotten us. He and his followers The Senator from Colorado is recog- we need to be ‘‘more honest about how remain as dangerous today as on Sep- nized. tember 11, 2001. In July, the adminis- difficult it will be’’ in Iraq. f Ironically, the President’s father, tration issued a dire warning that bin George Herbert Walker Bush, warned Laden and his chief lieutenants were PRESIDENT BUSH’S against the folly of invading and occu- directing an al-Qaida effort to launch a ACCOMPLISHMENTS pying Iraq. On February 28, 1999, speak- catastrophic attack in the U.S. before Mr. ALLARD. Mr. President, I re- ing to a group of Desert Storm vet- the election. quest 14 minutes and I ask the Chair to erans at Fort Myer, VA, the former There is broader evidence that the notify me when I have reached the 12- President told them: U.S. invasion of Iraq has incited, en- minute mark. Had we gone into Baghdad—we could have couraged, and stepped up the recruit- Lately, we have heard a lot of politi- done it, you guys could have done it, could ment of terrorists around the world. In cally motivated doom-and-gloom you have been there in 48 hours—and then April, the State Department issued its speeches, and we have heard a number what? annual report on terrorism, claiming a of them this morning. I want to talk Then the first President Bush contin- big drop in terrorist incidents—and about a couple of issues discussed on ued: success in the war on terrorism. But, in the floor. I want to comment on our Whose life would be on my hands as com- June, the State Department acknowl- economy and I want to comment about mander-in-chief because I unilaterally went edged this report was grossly incorrect. our foreign policy.

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9405 I think the economy is doing well. energy policy and open more jobs over- his first obligation as President of the We would like to see it do better in seas. United States under our Constitution some cases, but I think it is very posi- The President has acted decisively to is to protect our Nation from all tive news and we should not forget bring us back from recession to recov- threats, foreign and domestic. about that. The economy, at the first ery. I don’t think I need to go over It is my hope that the President re- part of this month, posted job gains for those issues. The basic part of it was minds the world’s greatest debating each of the last 12 months, creating that he has cut taxes. By cutting taxes, body that if the United States had not nearly 1.7 million jobs since August of he stimulated the economy, which in- acted, Saddam Hussein would still be 2003. These are the facts. The national creased revenue to Colorado, and we defying the United Nations, would still unemployment rate fell to 5.4 percent are going to have increased revenue to be seeking to develop weapons of mass in August, down .9 percentage from a the Federal Government. destruction, and would still be brutally peak of 6.3 point in June of 2003, and its Let me talk a little bit about foreign murdering and torturing his own peo- lowest rate since October 2001. At 5.4 policy. A year ago last February, Presi- ple. percent, the unemployment rate is dent Bush made the courageous deci- From my perspective, the United Na- below the average of the 1970s, 1980s, sion to overthrow Saddam Hussein’s tions should be grateful for the decisive and the 1990s. In August, 144,000 new brutal dictatorship and bring democ- leadership and courage President Bush jobs were added. Nearly 1.7 million new racy to Iraq. He did so because Saddam demonstrated by liberating Iraq. It jobs were added since August 2003. The Hussein had refused, over the last 12 seems to me that the United Nations unemployment rate over the last year years, to fully cooperate with U.N. should be grateful that it now has a was down in all regions and in 49 of the weapons inspectors. He did so because real opportunity to help bring democ- 50 States. The manufacturing sector, Saddam Hussein had brutalized his peo- racy and freedom to 50 million people which was the hardest hit by the eco- ple for over 25 years. He did so because in Iraq and Afghanistan. nomic downturn, has added 107,000 jobs it was the right thing to do and be- I believe the President made the since January. cause it had to be done. right decision. He took a stand and did View that in the perspective of what Some of our friends in the United Na- not back down. He held up the value of we were facing when this President was tions did not approve of his decision. the Security Council resolutions at a first elected to office. We have turned They thought he should have waited; time when most were content to see this economy around. This President that perhaps Saddam would give in and these resolutions ignored. has taken strong action that made a eventually cooperate, despite his long The President emphasized the value difference in moving our economy for- history of lies and deception. of the lives of the innocent Iraqis who ward. Now is not the time to turn back. A few friends, such as U.S. Secretary were repeatedly tortured and routinely The labor market has improved consid- General Kofi Annan, believed the murdered when most chose to look the erably since shortly after the Presi- United States should have sought an- other way. He sought to protect our dent’s jobs and growth bill took effect other Security Council resolution. It country and safeguard international last May. America’s standard of living appears Mr. Annan continues to believe peace when most refused to act. The President today will ask our is on the rise. Real aftertax incomes this, given his remarks last week in friends in the United Nations to help us are up by nearly 10 percent since De- which he described the liberation of in Iraq. That body has a unique oppor- cember of 2000. Consumer confidence Iraq as ‘‘illegal’’ and that violated the tunity to do something extraordinary. continues to be substantially higher charter of the United Nations. They have a limited opportunity to than last year. Even with the benefit of hindsight, it help a nation that has experienced In the second quarter of 2004, the na- does not make any more sense now nothing but dictatorship and brutality tional home ownership rate was at an than it did then for the United States transition to a freedom-inspired coun- all-time high of 69.2 percent. Minority to have sought a second resolution. try centered on the rule of law and the home ownership set a new record of 51 Resolution 1441 was the 17th—17th—Se- democratic process. percent in the second quarter and is up curity Council resolution demanding This coming January, Iraq will hold 2.1 percentage points from a year ago. that Saddam Hussein verifiably dis- its first ever national elections. I rec- I am proud to say that I was a Senator arm, respect his neighbors, and other- ognize the practical difficulties of such who sponsored that legislation to en- wise comply with the cease-fire from an effort. We are constantly reminded courage home ownership among mi- the first Gulf War. It was clear that he by the media that Iraqi insurgents con- norities. Core inflation remains low, violated Resolution 1441 and that he tinue to launch suicide attacks and kill and mortgage rates remain near his- continued to try to shoot down U.S. innocent hostages in new and gro- toric lows, making home buying easier warplanes in the United Nations-sanc- tesque ways. and more affordable. tioned northern fly zone and that he It is certainly possible that things We still have a challenge ahead of us was making little or no effort to com- will get worse in Iraq before they get and this President is not backing away ply with the terms of the 1991 cease- better. That does not mean we give up. from it. I don’t think we Republicans fire. How many more security resolu- It does not mean that the majority of in the Senate are backing away. We tions do we need before it becomes Iraqis do not desire freedom. continue to push to make tax relief legal? This Thursday, the Iraqi Prime Min- permanent. The temporary tax relief As the Wall Street Journal has elo- ister will address a joint meeting of contributed to the figures I just read quently pointed out, if liberating Iraq Congress. This speech is more than a off. We need to do more. I think one of was wrong, then Mr. Annan must also reminder that Iraq has a functioning the most important things we can do believe a number of other operations government. It is a statement to Iraqi to continue to see the economy grow is are illegal. Does the Secretary believe insurgents that the business of pro- to make tax relief permanent. We obvi- NATO’s intervention in Kosovo, where moting freedom will go on. It is a ously need to provide training for hundreds of thousands of Yugoslavian statement to the world that the Iraqi worker skills and control health costs, Albanians were saved from the geno- Government is the representative of and we need to reduce regulations. We cidal attacks of Milosevic’s cronies, the Iraqi people. have not talked enough about the bur- was illegal? Does he believe France’s I look forward to Prime Minister den of Government and the downward recent intervention in the Ivory Coast Allawi’s speech. I believe he will bring pressure it has on the economy. We was illegal? us new insight into the problems facing need to reduce regulations. As a small It is my hope that when the Presi- Iraq and encourage the American peo- businessman I had to live with regula- dent speaks today to the United Na- ple in the ongoing struggle. tions. I understand how high taxes and tions, he reminds the United Nations The United States is making a dif- a high rate of regulation can impact that the United States has the inherent ference. Iraq is rebuilding. Insurgents your ability to do business and create right of self-defense guaranteed by that are being fought with steadfastness and new jobs. Frivolous lawsuits are a body’s own charter. It is my hope that courage. And Iraq remains on the path problem and this Congress needs to ad- with unequivocal certainty, the Presi- toward freedom. We ask for nothing dress it. We need to adopt a national dent reminds the United Nations that more.

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9406 CONGRESSIONAL RECORD — SENATE September 21, 2004 I thank the Chair. Mr. President, I had some very harsh words about the a money-making operation for Saddam yield the floor. President based on something that was and his cronies throughout the world. The ACTING PRESIDENT pro tem- in a ‘‘60 Minutes’’ report which we now The U.N. Oil for Food Program became pore. The Senator from Minnesota. know was not true. Dan Rather came a personal bank account for Saddam f on last night and noted that he no Hussein in which, by a GAO report esti- longer has confidence in the documents mate, he got at least $10 billion—that THE ECONOMY that would allow us to continue vouch- is with a ‘‘B’’—for his own personal Mr. COLEMAN. Mr. President, my ing for them. These are documents re- use. colleague from Colorado talked about lated to the service of the President in Right now, the Permanent Sub- the economy. Although I want to talk the National Guard. He noted that ‘‘we committee on Investigations, which I about Iraq, I want to follow up the did use the documents.’’ He said, ‘‘We chair, is looking into that $10 billion comments made by the very distin- made a mistake in judgment, and for theft, that $10 billion fraud, that $10 guished Senator from Massachusetts that I am sorry.’’ billion corruption, and checking to see who talked about all the negative I hope my colleagues, who had such where that money went, has it been things that are happening to this econ- harsh words for the President based on used to fuel an insurgency, has it been omy. those documents, will come forward used to impact the policies of some na- I find it so stunning that folks can and express the same sentiment that tion states that did not allow the Secu- continue to be so negative. America Mr. Rather expressed. rity Council to vigorously oversee and has come such a long way from the at- IRAQ enforce that program the way it should tacks of 9/11 that took a trillion dollars My colleagues also somehow would have been done. out of this economy, and the corporate have us believe the world would be bet- No, there is nothing wrong or illegal fraud generated from Enron and ter today, would be a safer place if Sad- about liberating 25 million people from WorldCom, and from the recession dam Hussein were still in power. I find tyranny, and there is certainly nothing President Bush inherited from the last that stunning. I find that striking. illegal about fighting for their freedom administration. We cut taxes and we My colleague from Colorado ex- and liberty today. grew jobs, over 1.7 million in the last pressed a hope that I share: That the Regardless of the U.N. Secretary year. President go before the U.N. today and General’s comments, America will re- We are not where we have to be. The reiterate the inherent right of the main a supporter of the U.N. and many President has said on many occasions United States of self-defense. multilateral organizations. It is in our that as long as one person is out of My colleague from Colorado chal- interest. More often than not, we can work, we have work to do, and we do lenged some of the statements of Sec- accomplish greatness when we work to- that work and do it here, passing legis- retary General Kofi Annan about the gether. The U.N. can offer great prom- lation such as class action reform, U.S. effort in Iraq. He noted and I note ise or cooperation in peacekeeping and medical malpractice reform, the JOBS that the Secretary’s comments were humanitarian work and shining a light bill and the Energy bill, many of the both factually wrong and ill advised. in dark places, efforts that are often legislation being filibustered, being The fact is, Saddam Hussein violated 16 more effective when many are united blocked by my friends on the other side U.N. Security Council resolutions. Sad- rather than when countries go it alone. of the aisle. dam Hussein is the one whose actions But we are not going it alone in Iraq. One point that comes up again and were illegal, reiterated again and again We have over 30 nations that are sacri- again is that in spite of the steady by the United Nations. The fact is, the ficing with us. The failure of the stream of job numbers, now there is an United States took our case to the United Nations to enforce its resolu- argument made they are not quality United Nations on more than one occa- tions against Saddam, the failure of jobs. I note that the facts belie that as- sion, and the final example on Novem- the United Nations to act vigorously to sertion. Three-quarters of the new jobs ber 8, 2002, the U.N. Security Council genocide that is going on in Darfur and created, for instance, in May were in unanimously adopted Security Council the far region of Sudan, the failure of the industry categories that pay an Resolution 1441. the United Nations to do nothing more hourly rate in excess of the overall av- This resolution declared that Iraq than talk when brutality and oppres- erage hourly rate in the private sector. was in material breach of its obliga- sion shows its ugly face around the Inflation-adjusted hourly earnings tions to cooperate with inspectors who world undermines confidence in the increased 2.37 percent during the first were looking into Saddam’s efforts to United Nations. That puts the United 31⁄2 years of the Bush administration, develop chemical, biological, and nu- Nations in a position where many are compared with only a 0.13-percent in- clear weapons. comparing it now to the League of Na- crease during the same period of time The resolution warned of serious con- tions, a place where people just talked in the first Clinton administration. Per sequences if Iraq ignored its last but never acted. Sometimes real lead- capita aftertax disposable income ad- chance to comply, but Saddam did not ership means having the courage to do justed for inflation has increased 7.1 comply. I repeat, Saddam Hussein is what is necessary and not just what is percent since President Bush took of- the one whose actions were illegal. The popular. fice, well above the 5.2-percent increase fact is, Saddam Hussein’s list of other In his State of the Union Address, the during the same period of the first offenses is a long one and does not President said there is a difference be- Clinton administration. compare favorably with documents tween leading a coalition of many na- I could go on and on. The fact is, this such as the U.N. charter and the Uni- tions and submitting to the objections economy is moving forward. The fact versal Declaration of Human Rights. of a few. America will never seek a per- is, housing home ownership is at an all- This is a man who twice invaded his mission slip to defend the security of time high. The fact is, the tax cuts neighbors, used weapons of mass de- our country. While the United States have made a difference, and yesterday struction against his own people and and its allies have carried the burden there are still those who would like to the people of Iran, who killed tens of of freedom’s work, we cannot ignore somehow have the American public be- thousands of political opponents, tor- the fact that soldiers and might cannot lieve that all news is bad news. tured thousands of political opponents do the job alone. I understand that di- I think the biggest challenge this and ordinary citizens. These were the plomacy is crucial to world order. It economy faces is from the naysayers illegal actions, and we should be glad should not descend into finger-pointing who keep saying again and again how they are all over once and for all. and gainsaying, especially at a time bleak things are and you then under- The fact is, the U.N. did not have when so much is at stake and we ought mine confidence and that, Mr. Presi- credibility with Saddam Hussein’s re- to be joining together, not pointing fin- dent, hurts the economy. gime. It never succeeded in enforcing gers. It is the terrorists in Iraq who ‘‘60 MINUTES’’ DOCUMENTS its own resolutions or gaining unfet- want to deprive the citizens of that One other note. My friend, the Sen- tered access for weapons inspectors. country their basic human rights. ator from Iowa, was on the floor, and I Worse yet, it allowed a well-meaning What Saddam Hussein could not take note that he and a number of others humanitarian program to devolve into from them the terrorists are hoping to

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9407 steal. What Saddam Hussein did not do were responsible for their deaths. As I stood there contemplating the to terrorize the people of that country, Somebody tell me how the American loss of the life of this young man and what he did not finish, the terrorists citizens who had their heads sawed off the loss of his life from those who loved will do and are doing. They are con- on a videotape while sick, evil men lis- him, as I stood there trying to comfort tinuing that. Saddam killed, murdered, tened to their screams of horror were a father who did more to comfort me and tortured as many Iraqis he could somehow responsible for their death. and those around him, I was once again who did not agree with him, and prob- There are those who say things are reminded of the fact that freedom is ably a few who did, and the terrorists not going as well as they could be in never free. hope to finish off the Iraqis he did not Iraq. We know they are right, but let Petty Officer 3rd class David A. get to. the first person come forward who will Cedergren, 25, who was assigned to the In spite of that, in spite of the insipid say that it will be going better in Iraq Second Marine Division Marine Forces rhetoric of those who wish to be Presi- if we let Mohamed al Sadr or Abu Atlantic, did not join the military to dent who feel a gust of wind gives them Musab al-Zarqawi be in charge. fight war or kill people. He joined it to the moral authority to change their Now is not the time for those with bring peace and comfort to those af- stand on a war time and time again, the courage of the meek to come to the flicted and tormented. David was a America must hold its ground because rescue of the strong. Now is the time medic. He was trained to be a licensed on that ground stands the promise of a for strong, determined leadership to nurse, his heart was filled with com- free and liberated Iraq. work with our allies, those who agreed passion. Yesterday, as I watched those Iraq is preparing to hold its first with our efforts, and those who did not, whom he loved and those who loved truly democratic election. Prime Min- to bring this world together. him and his Navy comrades who stood ister Allawi, who will have a chance to Our President, the leader who has there side by side, all grieved in his address us in the coming days, is work- liberated 50 million human beings and passing, I saw in their grief great pride ing to get control throughout the coun- has stood resolute when even the in this young man. He liked this Na- try. He is trying to counter a clear ef- strongest among us would look for a tion. He did not join this war on terror fort by terrorists to turn Iraq back into way out, goes to the U.N. today. He to fight a war of killer people. He a nation of fear. goes there not as an adversary of that didn’t ask for this war to be fought. We The Prime Minister is also trying to august body but as an ally of the civ- joined it and we lead it to bring peace get out from under Iraq’s heavy foreign ilized world. He goes to stand with the and comfort to the afflicted and the debt and create an environment for world, those who have suffered from tormented. May God bless America and jobs and for hope. Coalition members, the terrorists, those who have fought David Cedergren and that we prevail. together with Iraqi forces, are working them, and those who fear them. I yield the floor. daily to create a better future for the He goes to the U.N. not preaching the Mr. President, I suggest the absence people of Iraq, and at the same time gospel of global despair but of the obli- of a quorum. protect the safety of our soldiers and gation of a mighty nation to not only The ACTING PRESIDENT pro tem- civilians serving in that country. fight those with guns with guns, but to pore. The clerk will call the roll. The world is a better place without bring peace to so many others who sim- The legislative clerk proceeded to Saddam in power. That is a reality. If ply hope and pray that their children call the roll. one cannot grasp that concept, then will live to see a better day. Mr. COLEMAN. Mr. President, I ask they cannot grasp any concept. If any- He will stand with those who stood unanimous consent the order for the one in this body, or anyone of this with us in the liberation of Iraq, and quorum call be rescinded. body, believes Saddam Hussein, dic- with those who stood against us, be- The ACTING PRESIDENT pro tem- tator of Iraq, murderer of women and cause this President knows that as im- pore. Without objection, it is so or- children, tormentor of his neighbors, portant as it is to sometimes lead even dered. plotter of destruction, mercenary of when others are not prepared to follow, Mr. COLEMAN. Mr. President, I yield the world, is better for the world in of- it is important to walk together when back the remainder of the Republican fice than out of office, they should heed many will agree to do so. time in this morning session. the words of the junior Senator from It is important for us to mind the The ACTING PRESIDENT pro tem- Massachusetts, Mr. KERRY, who had words of China’s U.N. Ambassador, who pore. Without objection, it is so or- this to say during the Democratic pri- opposed the war, who said: dered. maries: I think all of us have views on the Iraqi Under the previous order, the next 60 Those who doubted whether Iraq or the war. I think definitely the views are dif- minutes of morning business for debate world would be better off without Saddam ferent among council members. What is im- only is under the control of the Demo- Hussein, and those who believe we are not portant now is to help achieve peace and sta- cratic leader or his designee and the safer with his capture, don’t have the judg- bility in that country. final 60 minutes under the control of ment to be the President or the credibility There will be better days in Iraq, and the majority leader or his designee. to be elected president. there will be worse days. There will be The Senator from North Dakota is The Senator from Massachusetts was better days in the war on terror and, recognized. right then. In spite of his changing po- God willing, there will be far fewer Mr. CONRAD. I thank the Chair. sitions, those words last year still ring worse days. But whatever the future Mr. President, how much time have I true today. brings, we must stand with this Presi- been allotted under the agreement? Today, there are those who embolden dent and with this nation and its sol- The ACTING PRESIDENT pro tem- terrorists in Iraq. They have pointed diers and diplomats, and we must on pore. Twenty minutes. their fingers at us and said: You are to bended knee pray that our efforts bear Mr. CONRAD. I ask for an additional blame for the terrorism insurgency in the fruit of a more prosperous and 10 minutes. Iraq. more peaceful world. The ACTING PRESIDENT pro tem- The day after 9/11, there were those Let me finish with this. Yesterday, I pore. Without objection, it is so or- across the world who pointed their fin- missed my first major vote as a Mem- dered. gers at us and said: You are to blame ber of this body. At home, before I left Mr. CONRAD. Mr. President, I saw for the destruction of your homeland. Minnesota for Washington, I attended this morning in the Hill newspaper an These statements are absurd. Some- the wake of the son of one of the folks attack by the Speaker in which he body tell me how the hundreds of horri- who works in my office, one of my said, in response to a reporter’s ques- fied boys, girls, babies, mothers, and staff, Bart Cedergren. His son David tion, that ‘‘al-Qaida would operate bet- fathers in that Russian school were re- died in Iraq. ter if KERRY were elected President.’’ sponsible for the terrorists who tor- While the cause of death remains un- Two weeks ago today, the Vice Presi- mented and killed them. Somebody tell clear, let there be no doubt that he dent said, ‘‘It is absolutely essential me how the Nepalese contractors, 12 of died in the cause of freedom and liberty that eight weeks from today on No- them, who were slaughtered as though for the people of Iraq and the people of vember 2 we make the right choice be- they were nothing more than cattle America. cause if we make the wrong choice

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9408 CONGRESSIONAL RECORD — SENATE September 21, 2004 then the danger is that we will get hit were troops with expertise in Spanish cul- Again, as bad and as evil as Saddam again and we will be hit in a way that tures. Hussein was and is, he should not have will be devastating from the standpoint Mr. President, let’s get this straight. been the primary target of the Amer- of the United States.’’ It was not Iraq that attacked us. It was ican military. Instead, we should have Mr. President, this is dangerous talk. al-Qaida. Al-Qaida is led by Osama bin focused, I believe, like a laser on the It is dangerous talk for either side to Laden, not Saddam Hussein. And yet people who attacked us and who are suggest we will be attacked if the other this administration shifted the focus planning to attack us again; that is, al- is elected. I remind my Republican from going after Osama bin Laden and Qaida led by Osama bin Laden. friends that when we were attacked on al-Qaida and instead shifted special This article concludes saying: September 11, we on the Democratic forces to the hunt for Saddam Hussein. Al-Qaida’s continuing threat has shown side did not say it was because Repub- He replaced those special forces in Af- that the Department of Homeland Security licans were in control. That would have ghanistan with units that were experts raised its terrorism alert level Tuesday after been wrong. We did not do that. In- in Spanish culture. bombings in Saudi Arabia and Morocco. stead, we stood shoulder to shoulder, The article goes on to say: It is not just these articles. It is not we stood united, we all agreed on an at- The CIA meanwhile was stretched badly in just intelligence officials. We look to tack on Afghanistan, and we all sup- its capacity to collect, translate and analyze the Bush administration’s own Web information coming from Afghanistan. When site, the State Department Web site. ported an all-out attack on al-Qaida the White House raised a new priority, it because it was al-Qaida that attacked took specialists away from Afghanistan to This is very interesting. Thirty days the United States. ensure Iraq was covered. after the September 11 attack, the The President of the United States, The former Secretary of Navy in the State Department had this on their when he was running for office, said he Reagan administration says this was Web site: would be a uniter and not a divider. one of the biggest blunders, strategic Countries where al-Qaida has operated— But now this President and this admin- This is 30 days after the attack on the blunders in modern memory. We at- United States. This is on the State Depart- istration are dividing us in the most tacked the wrong target. That is his fundamental way. I believe that is a ment’s Web site. Here are the countries they conclusion. That is the Secretary of list where al-Qaida was active. They list Al- dangerous tact. It is a mistake. Navy in the Reagan administration bania, Algeria, Bahrain, Belgium, Bosnia, Only the President of the United saying we attacked the wrong target. India, and Iran. There is no Iraq. There is no States can stop this kind of talk. I urge We have to have a debate in this coun- Iraq. There is no Iraq. This is a report signed him to do so, to rein in the Vice Presi- try about how best to defend America. by the President. This is after the attack. dent, to rein in the Speaker, because The first thing we have to get straight There is no mention of Iraq being a locale for when this election is over, we need to is who attacked us and who is pre- al-Qaida. stand united. paring to attack us again. It was al- But it is not just the State Depart- The debate we need to have is how Qaida, not Iraq. ment. The President himself tried to best to defend our Nation from ter- There were no Iraqis on board the correct the record last year after the rorist attack. It is important for us to planes that attacked on September 11— Vice President was asserting and I recall what happened on September 11. not one. There is no evidence that Iraq think fundamentally confusing people When we saw these images of the at- was behind the attack on September 11. suggesting that Iraq and al-Qaida were tack on the World Trade Center, when It was al-Qaida led by Osama bin involved in the September 11 attacks. we saw the smoke rising from the Pen- Laden. The President seeking to correct ‘‘re- tagon, we were under attack. But it is This administration has diverted its ports no evidence of Hussein tie to 9/ important for us to remember who at- attention from finishing business with 11.’’ tacked us. It was not Iraq. The Osama bin Laden and al-Qaida and di- In the article, it says: attackers were al-Qaida led by Osama verted our resources, diverted our at- President Bush said today that he had seen bin Laden, not Iraq led by Saddam Hus- tention to Iraq and Saddam Hussein. I no evidence that Saddam Hussein was in- sein. As evil as Saddam Hussein was believe that was a mistake. volved in the September 11 terrorist attacks, and is, he was not part of the Sep- I voted against authorizing this ad- as the White House tried to correct an asser- ministration to launch this attack be- tion that Vice President Cheney left ex- tember 11 attack. Here is the man who tremely murky on Sunday. Mr. Cheney on should be the target, the primary tar- cause, as I said on the night of our Meet the Press was asked about polls that get of the United States. This is Osama vote, I did not believe it was in the na- showed a majority of Americans believe that bin Laden, the leader of al-Qaida. Al- tional security interest of the United Mr. Hussein had been involved in the attack. Qaida are the ones who attacked the States to attack Iraq and open up a This is what Mr. CHENEY said: ‘‘I United States. Al-Qaida are the ones second front before we finished with think it is not surprising that people we have a responsibility to bring to ac- the first. The first had to be with the make that connection.’’ count. people who attacked us; that was al- Asked whether the connection ex- President Bush said in convening his Qaida led by Osama bin Laden, not Iraq isted, Mr. CHENEY said: ‘‘We don’t Cabinet at Camp David just a few days led by Saddam Hussein. know. He described Mr. Hussein’s re- after the 9/11 attacks, ‘‘There is no This is an article that appeared in ported connections to al-Qaida, connec- question about it, this act will not the Philadelphia Inquirer last year. It tions that American intelligence ana- stand. We will find those who did it. We says: lysts say were not very deep. Mr. Bush, will smoke them out of their holes. We Some senior officials concede that the Iraq asked by a reporter today about that will get them running and we will war also diverted resources from two prob- statement, said: ‘‘No. We have had no bring them to justice.’’ That is what lems that could prove to be even more press- ing than Iraq was: Rooting out the remnants evidence that Saddam Hussein was in- President Bush said just days after the of Osama bin Laden’s al-Qaida terrorism net- volved in September 11, a far more de- 9/11 attack. It is now 1106 days after work and confronting Iran. A senior intel- finitive statement than the Vice Presi- that attack—1106 days after the attack ligence official who spoke on condition of an- dent’s.’’ on the country, and we have still not onymity said that the CIA reassigned to Iraq That doesn’t end the evidence. The gotten Osama bin Laden. We still have more than half of the operatives tracking al- evidence is powerful with respect to not kept the primary focus on al-Qaida. Qaida in Afghanistan and Pakistan. As a re- the question of who is behind Sep- Instead, the President diverted our at- sult, U.S. forces were not able to pursue bin tember 11. It was al-Qaida led by tention and launched an attack on Laden and other al-Qaida leaders as aggres- sively. Osama bin Laden, not Iraq led by Sad- Iraq. dam Hussein. The 9/11 bipartisan com- I believe this is a strategic mistake This is from the March 29 edition of mission said this: USA Today. It says this: of significant proportion. Again, our primary target has to be al-Qaida led The intelligence reports describe friendly In 2002 troops from the 5th Special Forces contact and indicate some common themes group who specialized in the Middle East by Osama bin Laden. Instead, the on both sides, ‘‘hatred of the United States.’’ were pulled out of the hunt for Osama bin President shifted resources from the But to date we have seen no evidence that Laden in Afghanistan to prepare for their hunt for Osama bin Laden and al-Qaida these or the earlier contacts ever developed next assignment: Iraq. Their replacements to a hunt for Saddam Hussein in Iraq. into a collaborative operational relationship,

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9409 nor have we seen evidence indicating that are 1106 days after that attack, and weeks before an election and not have Iraq cooperated with al-Qaida in developing Osama bin Laden and his chief lieuten- a political component to the debate or carrying out attacks against the United ants are still out there threatening and the discussion. But we, I believe, as States. America and Americans. This Presi- a nation, need to have a full and vig- That is the report of the 9/11 Commis- dent diverted our attention and our re- orous debate on how we best defend sion. sources from running down al-Qaida this Nation. My strong belief is that we It doesn’t end there. The Secretary of and Osama bin Laden to an attack on need to keep the focus on the people State was just recently on ‘‘Meet the Iraq and Saddam Hussein. That was a who attacked America on September Press.’’ This was in the early days of mistake, and the sooner we admit to it 11, and it was al-Qaida, led by Osama this month. He said he ‘‘had seen noth- and the sooner we get about the busi- bin Laden, not Iraq, led by Saddam ing that makes a direct connection be- ness of tracking down those who at- Hussein. The evidence is overwhelming. tween Saddam Hussein and that awful tacked us, the better off our country We need to refocus the efforts of the regime and what happened on 9/11.’’ will be and the safer we will be. That is awesome American military on hunt- We have all kinds of evidence that al- my strong, deep belief. Whoever wins ing down Osama bin Laden, on hunting Qaida was not linked to Iraq in the this election, I believe we have to re- down his chief allies and holding them September 11 attacks or that Iraq was orient the resources of America into to account. That is the best way to not a link to al-Qaida in the September going after those who attacked us. It send a signal of American resolve and 11 attacks. The evidence is over- was al-Qaida, not Iraq. It was al-Qaida, determination and American unwill- whelming that al-Qaida, led by Osama led by Osama bin Laden, not Iraq, led ingness to accept the vicious attack on bin Laden, led those attacks. by Saddam Hussein. That is what our 9/ our country. I believe deeply that our strategy 11 Commission tells us. That is what Mr. President, I yield the floor and must be to focus like a laser on those the Secretary of State is saying. That suggest the absence of a quorum. who attacked us. We ought not to is what the intelligence agencies are The ACTING PRESIDENT pro tem- allow ourselves to get diverted into telling us. Yet this administration— pore. The clerk will call the roll. this attack on Iraq. We have 10 times this administration—made a series of The legislative clerk proceeded to America’s resources in Iraq as we have decisions, profound decisions, decisions call the roll. in Afghanistan. Ms. STABENOW. Mr. President, I ask We are 1106 days after the attacks on of enormous consequence, and diverted unanimous consent that the order for this country and the President has resources and attention from going the quorum call be rescinded. failed to do what he said he would do in after Osama bin Laden and al-Qaida to The ACTING PRESIDENT pro tem- holding al-Qaida and Osama bin Laden going after Saddam Hussein and Iraq. I know many people believe, despite pore. Without objection, it is so or- to account. Osama bin Laden is still at all the evidence to the contrary, that dered. large. His top adviser, al-Zawahiri, is somehow Iraq was deeply involved in There are time allocations that have at large. This murderous ally of theirs the September 11 attack. There is just been assigned for the remaining 27 min- beheaded an American yesterday, and no evidence to support that. My own utes. we have diverted resources from the conclusion was, and is, this was the Ms. STABENOW. I ask unanimous hunt from those monsters to go after wrong war at the wrong time. And the consent for 15 minutes if there is time Saddam Hussein in Iraq when the evi- overriding obligation of those of us available. If not, I would appreciate it dence is overwhelming that Iraq was who are in a position to affect U.S. de- if the Chair could indicate who has not involved in the September 11 at- cisionmaking—the overriding obliga- been designated the time. tack. The ACTING PRESIDENT pro tem- What doesn’t add up here? What tion and responsibility that we have— pore. The Senator from Minnesota has doesn’t make sense? The Secretary of is to defend this country and to do so 10 minutes, and the Senator from Ar- the Navy in the Reagan administration effectively. We know al-Qaida is plotting, right kansas has 15 minutes of the time. says we attacked the wrong target. I now, to again attack our country. We There is 26 minutes remaining, but of believe that is correct. We should have ought to focus like a laser on stopping those, 25 has been allocated. kept our focus on Osama bin Laden and them. We ought to focus like a laser on Ms. STABENOW. It is my under- al-Qaida and not have been diverted to holding al-Qaida and Osama bin Laden standing, through staff, that Senator Saddam Hussein and Iraq. LINCOLN will not be coming to the floor Let me say to my colleagues that to account. We should never have shift- at this time. So if there is no objection, there is additional evidence as well. ed our resources from the hunt for I ask unanimous consent to use the Our own Intelligence Committee has Osama bin Laden and al-Qaida leaders time of the Senator from Arkansas. made findings. For example, Conclu- to the hunt for Saddam Hussein in And if she comes to the floor, I will sion 96 of the Senate Intelligence Com- Iraq. It was a mistake, and we have to certainly yield to her. mittee says: be big enough to say it was a mistake and move on and remember who it was The ACTING PRESIDENT pro tem- The Central Intelligence Agency’s assess- pore. Without objection, it is so or- ment that to date there was no evidence that attacked us and use the awesome proving Iraqi complicity or assistance in an resources of this country to go after dered. al-Qaida attack was reasonable and objec- those who are plotting to attack us f tive. again. MEDICARE PREMIUM INCREASE That is our Intelligence Committee We have to get these facts right. We led by Republicans on a bipartisan have to reduce the confusion out here, Ms. STABENOW. Mr. President, I basis concluding there wasn’t com- when a majority of the American peo- rise to speak on the announcement of a plicity by al-Qaida and Iraq, that there ple thinks Iraq was behind the attacks dramatic increase in the Medicare Part was not Iraqi complicity or assistance of September 11 and we know full well B premium for seniors and the concern in an al-Qaida attack. Our Intelligence that is not the case. the people of Michigan have about try- Committee concluded that was reason- The President and Vice President of ing to pay a 17.5-percent premium in- able and objective. the United States have a heavy respon- crease for next year. Just a day after Similarly, conclusion 93 says: sibility. They are the leaders of this President Bush touted his efforts to The Central Intelligence Agency reason- country. They are the leaders of the help our seniors and the disabled cope ably assessed that there were likely several free world. They have an obligation, a with increased medical expenses, his instances of contacts between Iraq and al- solemn obligation, to make certain administration announced the largest Qaida throughout the 1990s, but that these that the United States focuses on those premium increase in Medicare’s his- contacts did not add up to an established, who attacked us—not to confuse the tory, dating back to 1965. formal relationship. issue, not to distract us from those who Unfortunately, nothing has been If we are going to be effective in this are responsible for the loss of nearly done about record increases in the cost war on terror, we have to get the facts 3,000 American lives. of health care over the last 4 years. right. The facts are, al-Qaida attacked Mr. President, it is hard to talk Now we see the largest premium in- America, not Iraq. The facts are, we about these things when you are just crease, a 17.5-percent increase. We have

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9410 CONGRESSIONAL RECORD — SENATE September 21, 2004 seen it consistently going up since 2001. I ask, if HMOs are so much better sible. So they chose the Friday before It is time to say enough is enough. and more efficient, why do they need the Labor Day weekend, late in the Seniors are only going to see about a the extra dollars? I am certainly not afternoon, in the middle of a hurricane, 3-percent increase in their Social Secu- opposed to HMOs. I have participated to release the numbers. rity cost of living. Yet the Part B pre- in the past, as my mother has, when OMB received the premium notice mium comes directly out of that track. she was on Medicare and when Medi- from HHS on September 1 and cleared So instead of getting at least a 3-per- care HMO was available in our commu- it for release only 2 days later. As I cent increase to help pay for food and nity. She got dropped, unfortunately, said, for the last at least 10 years, they the mortgage and utility bills, pre- when they chose to leave. Certainly, have done it in October along with So- scription drugs and so on, they will ac- this is not a discussion about whether cial Security. tually see a reduction of 14.5 percent in HMOs provide an important service or We are not going to only talk about what they receive through Social Secu- quality service. premium increases here today. We have rity. My concern is, within the context of the ability to do something about it. I This is absolutely unacceptable. Un- Medicare, why, if they are so much bet- am proud to be doing something about fortunately, instead of helping, Con- ter and more efficient, are we pro- this, saying enough is enough; the por- gress and this administration have viding them more money? The debate tion of this that comes from pushed through a Medicare plan about on privatization was that somehow privatizing Medicare needs to be re- which CMS Administrator McClellan Medicare is going broke, the trust fund moved and we need to put these pre- has acknowledged that about a sixth of is going to run out of money; therefore, miums back in line with Social Secu- this year’s premium increase results we have to privatize Medicare. And ex- rity. from the billions that Medicare is pay- actly the opposite result has occurred We know health care costs are going ing private health plans to encourage as we have begun to privatize Medi- up for everyone—every family and them to offer private health insurance. care. Premiums for seniors are going every business. In a larger sense, we So what we see are conscious decisions up faster than at any other time in our need to be addressing that as well, that we made that have caused this in- history. We hear from independent re- which we can do with the cost of pre- crease to be as high as it is. I believe ports that it costs anywhere from 16 scription drugs. We can bring it to the they were the wrong decisions, the percent to 23 percent more to privatize floor and pass an effort to open the bor- wrong choices. Medicare than to keep it the way it is. der and lower the costs in half by al- It doesn’t make sense and it is not With higher administrative costs, in lowing pharmacists to do business safe- fair that the millions of seniors who fact, private plans are more costly ly with pharmacists in Canada and enjoy and want to stay in traditional than regular Medicare. So we are told other places. There are other strate- Medicare—about 89 percent of seniors they need subsidies because it costs gies. There are things we can do to ad- right now have chosen traditional more to administer them. dress the broader issue of health care Medicare over Medicare+Choice or Again, the whole point is to be more and we need to be doing them. being in an HMO—have to subsidize the efficient, stretch the dollars farther, But while this is happening, we big private health insurance companies lower costs, so we can provide better should not be saying to our seniors, and HMOs and the 11 percent of the prescription drug coverage for seniors saying to someone on Medicare, that seniors and disabled who have the abil- and other kinds of preventive care they instead of addressing these issues, we ity or have the choice, even, to be in an need, and that Medicare remains sol- are going to require you to pay an HMO. Moreover, we have heard time and vent and healthy for the future. Older extra-large increase because of a policy time again that the private plans are Americans are staggering under the re- made here to privatize Medicare that, less efficient than traditional Medi- lentless increases in the cost of their in the face of all evidence, shows the care. I have shown charts on the floor health care and prescription drugs. We administrative costs are higher and the as we have debated the Medicare pre- have all heard the stories. More older costs of providing the kinds of care are scription drug bill. We have seen the Americans will face harsh choices in higher. We now have one more report Congressional Budget Office analysis. meeting basic needs of health, food, saying that. In the face of all objective In fact, we heard it again last week housing, and paying utility bills. Meet- evidence, the Congress and the Presi- when the Medicare Payment Advisory ing those challenges will be even more dent have moved forward to want to Commission reported that CMS pays difficult as percentage increases in privatize Medicare, anyway, saying it Medicare private health plans an aver- Medicare premiums greatly outpace will lower prices, when in fact it has age of 107 percent of what it costs to the increases for Social Security. The resulted in the largest premium in- care for the same beneficiaries under increase will be especially painful be- crease for seniors and the disabled in traditional fee-for-service programs. cause Social Security payments again the history of the Medicare Program. At a time when we are looking at are expected to rise less than 3 percent. I believe this is wrong. So I have in- great concerns about the long-term sol- I say ‘‘expected’’ because we don’t troduced S. 2780, Keeping the Promise vency of Medicare, looking at these know how much or how little Social of Medicare Act, with 11 of my col- huge increases that have occurred for Security payments will be yet. leagues. My bill would cap the Part B seniors related to the premiums for Yet, this year, this administration premium at the same level as the cost- Medicare, we are hearing from the decided to release the Medicare num- of-living adjustment so that seniors do Medicare Payment Advisory Commis- bers the Friday right before Labor Day, not see real cuts in their Social Secu- sion that CMS is paying private plans right before the weekend when the rity benefits. In other words, we would an average of 107 percent of what it news was focused on a hurricane. That at least keep seniors whole, moving in costs to care for beneficiaries under is some holiday for millions of seniors the right direction while we deal with traditional Medicare. who have labored their whole lives. We these other issues, in terms of rising This makes absolutely no sense, no learned the OMB moved up the release health care costs that need to be and matter how you look at it. According of this huge increase by 6 weeks. In must be addressed. to the report, Medicare payments to fact, we hear today in an article that We need a sense of urgency about private plans cost 16 percent to 23 per- the internal administration memo re- this issue. Health care is not optional. cent more than traditional plans. So, veals that the unprecedented 17-per- This is one of the most urgent issues a basically, we can be spending up to 23 cent increase in Medicare premiums family addresses. It is the most urgent percent more on the approach of seniors will pay in 2005 was scheduled cost right now that businesses across privatizing Medicare. That is what it for release October 22. It was scheduled the country are facing. Yet we do not is; this is a strategy to privatize Medi- for release on October 22, along with see that sense of urgency, even though care, which the majority of seniors Social Security COLA payments. I know colleagues on both sides of the have not asked for, they have not cho- Obviously, somebody looked at this aisle have concerns, have knowledge sen, and they don’t want; and the icing and said: This is the largest increase in about this, and want to see something on the cake is it costs up to 23 percent the history of the program. We want to happen. We can do better than that. We more. make sure it is done as quietly as pos- can do better for our seniors through

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9411 Medicare. We can do better for busi- A third, upon noting that of the $18.5 any form of stable national govern- nesses that are desperately asking us billion Congress appropriated for Iraq’s ment: They impose law and order in for help. We can do better for our fami- reconstruction a year ago, only $1 bil- their own cities. They provide public lies, for every worker being asked to lion has been expended, called this ‘‘the safety on their own highways. They de- pay more for health care, or losing incompetence in the administration.’’ fend their own national borders. their job because the company cannot A fourth Republican Senator stated Over a year ago, in August of 2003, keep their health care plan and their the other day that he may not vote for the Bush administration claimed that jobs. There is more we can do, much President Bush in November, to which 95 percent of Iraq was peacefully occu- more. I urge my colleagues to join with another Republican Senator replied: pied and operating normally. Now we me in one step, S. 2780, Keeping the What I like about him is that he can be a see daily reports that violence is Promise of Medicare Act. We can, at Republican Senator and, at the same time, spreading and becoming more mur- minimum, start by saying to our sen- he is unsure about our Republican President. derous. The Iraqi Prime Minister iors we are going to make sure you are He is a breath of fresh air in politics. claims that ‘‘foreign terrorists are still not burdened with the costs of paying As he is. And we need also a breath of pouring in,’’ a common cry to rally for these policies to privatize. We will fresh air in the White House, along Americans behind the fallacy that keep you whole by capping this in- with fresh words of truth which we re- their sons and daughters must die in crease at the same level as the cost of ceived yesterday from Senator KERRY. Najev and Baghdad so we will not die living for Social Security. I hope we The response of the Bush White in New York and Boston. He says more will vote on this bill before we leave House to these honest assessments by troops are needed to win. Following the and have the same sense of urgency Senator KERRY and by our Republican party line, he says: We need more par- about it that those paying their bills Senate colleagues has been to attack ticipation from other countries. have every day. them and blame everyone else. Presi- We needed more participation from I yield the floor. dent Truman said when he was Presi- other countries 2 years ago when Con- Mr. DAYTON. Mr. President, I com- dent, ‘‘The buck stops here.’’ With this gress was stampeded as part of the 2002 mend my colleague from Michigan. I President, it is ‘‘the blame starts midterm election strategy to vote a am a proud cosponsor of her legisla- here’’—blame those who opposed this blank check for warmaking based on tion. She has been a true champion for war from the beginning, as I did; blame completely false information from the seniors and affordable prescription those who question his bungling of the Bush administration, including the drugs, and she continues that leader- running of Iraq after our courageous President and the Vice President them- ship today. Armed Forces won the country in 3 selves. f weeks and still die daily because Iraqis We needed more participation from IRAQ will not take responsibility for their other countries when the United States own country. And now he blames his Mr. DAYTON. Mr. President, yester- and Great Britain bilaterally invaded political opponent for telling the Iraq in 2003. Or when the operation of day Senator JOHN KERRY told the American people the truth about Iraq, American people the truth about Iraq, that country failed to begin 3 weeks the truth about the past, the truth the truth that he has consistently later. We need it now. Now that Presi- about the present, and the truth about withheld. dent Bush has made a mess of the situ- I am not clear exactly about what we the future. President Bush, Vice Presi- ation in Iraq, are there any inter- are supposed to be optimistic. Cer- dent CHENEY, and other administration national volunteers? apologists complain he did not show tainly not the report of the President’s How about participation from the own National Intelligence Council people of Iraq against the supposedly enough optimism. Senator KERRY de- cided that honesty was more important which, according to an Associated ‘‘5,000 to 10,000’’ insurgents, 95 percent than false optimism. Press story last week, ‘‘presented of whom we are told are Iraqis who do President Bush and Vice President President Bush this summer with three not like the presence of the United CHENEY have not been honest about pessimistic scenarios regarding the se- States there. On paper, we were told Iraq from the beginning. They have not curity situation in Iraq, including the over almost a year ago by the Sec- been honest about Iraq with this Sen- possibility of a civil war there before retary of Defense that there were ate, not with the House, nor with the the end of 2005. 206,000 Iraqi militia and army military American people. JOHN KERRY gave us Mr. President, I ask unanimous con- personnel who were being trained or yesterday what we need: honesty about sent that this article be printed in the had been trained—206,000 we were told. Iraq. RECORD at the conclusion of my re- Last week, the Secretary of Defense He was not alone in the last few days. marks. admits that only half of that number I salute my Republican colleagues— The ACTING PRESIDENT pro tem- have actually been trained. five of them—for their honesty about pore. Without objection, it is so or- We are told that less than $1 billion the situation in Iraq. It cannot be easy dered. of the $5 billion that Congress appro- to tell the American people the truth (See exhibit 1.) priated 1 year ago for security training and to stand up to an administration of Mr. DAYTON. Mr. President, how are has been expended. And that is why the their own party which is not telling we to view the continuing violence in Republican chairman of the Senate the truth. They are remarkable Amer- Iraq, the murders of American soldiers Foreign Relations Committee said over ican patriots who recognize, as Senator as they stand guard in a country that the weekend that this is the incom- ROBERT C. BYRD, the great senior Sen- its own citizens are unwilling or unable petence of this administration. The ator from West Virginia, has reminded to guard for themselves, or the Amer- buck stops there. us, that we serve with Presidents of the ican citizens hired to work there who Mr. President, I ask unanimous con- United States, not under them. are being kidnapped and beheaded? Tell sent that I may have 2 minutes to com- We are elected separately to serve the 138,000 American soldiers who are plete my remarks. independently and to exercise our own courageously serving their country, The ACTING PRESIDENT pro tem- best judgments about what is best for risking and some losing their lives, and pore. Democratic time remains—3 min- our respective States and for our wondering when are they coming home. utes 43 seconds. United States. I say to those who tell patriotic dis- Mr. DAYTON. I ask that I may have Listen to what five of our Republican senters that they are not supporting 2 minutes of that time to complete my Senators have said recently. One said our troops—the printable part is, if you remarks. that President Bush’s rosy pronounce- want to support our troops, bring them The ACTING PRESIDENT pro tem- ments about the situation in Iraq ‘‘are home alive soon, not in 10 or 20 years, pore. Without objection, it is so or- not as straight as we would want them as Senator MCCAIN has recently pre- dered. to be.’’ dicted. Mr. DAYTON. Mr. President, the Another stated: Make Iraqis protect and defend their buck stops in the White House. The A crisp, sharp analysis of our policies is re- own country. That is what people do in blame starts there and it ends there. quired. a democracy. That is what people do in Senator JOHN KERRY is not responsible

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9412 CONGRESSIONAL RECORD — SENATE September 21, 2004 for this war. Congress is culpable to were passed last year—to try to help [From the Rapid City Journal, Feb. 15, 2002] some extent, but is not responsible for those organizations that are out on the COMPROMISE GOOD FOR SD., AMERICA it. President Bush is responsible. Now front lines meeting the needs of our so- (By Senator Tom Daschle) that things are going badly and getting ciety. These are nonprofit organiza- WASHINGTON—Sept. 11 filled all of us with worse—and I say that not because it is tions across America. The President re- an overwhelming sense of grief. But like pessimism, I say that because it is the fers to them as ‘‘arms of compassion,’’ other human tragedies, Sept. 11 also taught truth. JOHN KERRY told the American those who meet human service needs, us something important about ourselves. It people the truth. President Bush those who meet educational needs, our reawakened in Americans a sense of gen- should start doing the same. not-for-profit sector, which are a vi- erosity and civic duty. There was a heartfelt outpouring of altruism across the country as I thank the Chair. I yield the floor. tally important part of what makes Americans united to provide assistance to EXHIBIT 1 America tick and what makes our the victims of Sept. 11. [From AOL News] country the great envy of the world in It is important to continue building on this generous spirit by creating living memo- INTELLIGENCE REPORT OFFERED BLEAK VIEW the sense that we have such strong rials to the victims of September 11—not OF IRAQ communities, we have such strong vol- just in New York and Washington, but in (By Katherine Pfleger Shrader) untarism, we have such strong commit- ment to our neighbor. Sioux Falls and Rapid City, in Newell, Faith, WASHINGTON (Sept. 16).—The National In- These community organizations have Elk Point and every community across telligence Council presented President Bush South Dakota and America. We can do this this summer with three pessimistic scenarios seen, particularly in light of the de- by embracing President Bush’s call to build regarding the security situation in Iraq, in- cline in the stock market in the early on the important partnership between the cluding the possibility of a civil war there part of this decade, with some of the federal government and community-based before the end of 2005. problems we have had with our econ- and faith-based organizations. In a highly classified National Intelligence omy early in the decade, the amount of President Bush has been working with Estimate, the council looked at the political, charitable giving decline. So as a re- Democrats and Republicans in Congress to economic and security situation in the sult, to respond to these pressing promote charitable giving and encourage wartorn country and determined that—at needs, and actually to make the Tax community and faith-based groups. On Feb. best—a tenuous stability was possible, a U.S. 8, the president and a bipartisan group of official said late Wednesday, speaking on the Code, I would say, more equitable, we Senators unveiled the Charity Aid, Recovery condition of anonymity. The document lays put forward a bipartisan bill offered by and Empowerment Act—or CARE Act—that out a second scenario in which increased ex- Senator JOE LIEBERMAN and me that will harness the goodwill of Americans and tremism and fragmentation in Iraqi society passed 95 to 5. Support for this bill is turn this goodwill into good works. impede efforts to build a central government pretty overwhelming. In the House, it I strongly support this faith-based initia- and adversely affect efforts to democratize passed 408 to 13, and in the Senate it tive, and commend President Bush and Sen. the country. passed 95 to 5. So there is strong sup- Joseph Lieberman for their joint leadership on an issue that is so close to their hearts In a third, worst-case scenario, the intel- port to try to help these charitable or- ligence council contemplated ‘‘trend lines and so important to our nation. that would point to a civil war,’’ the official ganizations meet the needs of those in Community and faith-based organizations said. The potential conflict could be among our society. do not seek to replace government. There the country’s three main populations—the Unfortunately, we have run into a will always be a need for programs like So- Sunnis, Shiites and Kurds. roadblock. The roadblock is there are cial Security, Medicare or Head Start. What It ‘‘would be fair’’ to call the document differences between the House and Sen- this proposal seeks to do is strengthen the ‘‘pessimistic,’’ the official added. But ‘‘the ate bills. We would like to sit down and partnership whereby charities and govern- contents shouldn’t come as a particular sur- work out those differences in con- ment can work side-by-side to meet some of the great unmet needs of our nation. prise to anyone who is following develop- ference and move to a final solution to ments in Iraq. It encapsulates trends that South Dakotans know the good works are clearly apparent.’’ help these nonprofit organizations. We charities perform. They have seen success have been blocked repeatedly on the The ACTING PRESIDENT pro tem- stories. Sioux Falls Promise works with Senate floor from appointing conferees community and religious leaders and edu- 1 pore. There is 2 ⁄2 minutes still under on a bill that is virtually non- cators to meet the needs of children and the control of the Democrats. controversial, that has almost passed young people. In Rapid City, Catholic Social Mr. DAYTON. I suggest the absence unanimously in both Houses, different Services provides adoption services and fam- of a quorum. versions, but we have not been able to ily counseling, while in Sioux Falls Lutheran Social Services runs one of the best immi- The ACTING PRESIDENT pro tem- do so. pore. The clerk will call the roll. grant assistance programs in the country. In On eight occasions I have come to other communities in our state and across The assistant legislative clerk pro- the Senate floor and asked for consent ceeded to call the roll. the country, religious-based charities tutor to do what we do as a normal course of and mentor children, give shelter to battered Mr. DAYTON. Mr. President, I ask record, which is to sit down with the women and children, help young people find unanimous consent that the order for House in a conference and come up jobs, and feed the hungry by running soup the quorum call be rescinded. with a bill to be voted up or down by kitchens and food pantries. The ACTING PRESIDENT pro tem- both the House and Senate. We have The bipartisan faith-based initiative an- pore. Without objection, it is so or- had objections to it. In fact, we have nounced by President Bush will help meet unmet needs in our communities by pro- dered. had eight objections by the Democratic Mr. DAYTON. I yield back the re- viding tax incentives to businesses and indi- leadership; 7 times Senator REID ob- viduals to give money to charities, by sim- mainder of our time. jected, and the most recent one Sen- plifying the process by which charities can The ACTING PRESIDENT pro tem- ator DASCHLE objected. I am going to qualify for tax exempt status, and by pro- pore. Without objection, it is so or- offer another one today. viding technical assistance for community dered. We are approaching the end of the and faith-based groups. The Senator from Pennsylvania. session. We are approaching a point In the wake of Sept. 11, it will provide a framework and incentives for Americans to f where all the work that has been done take up arms against enemies here at home, on this legislation is going to come to CHARITABLE GIVING ACT including poverty, illiteracy, hunger and an end. There are 1,600 groups sup- homelessness. Mr. SANTORUM. Mr. President, I porting this legislation. There are 1,600 The CARE Act isn’t a Republican or a thank the Senator from Minnesota for national nonprofit organizations that Democratic plan. It is a bipartisan proposal yielding back his time. have come forward and said: We want that strikes the right balance between har- Shortly, I will be making a unani- this to be passed. nessing the best forces of faith in our public mous consent request to move certain Not only that, Senator DASCHLE him- life without infringing on the First Amend- legislation to conference, the Chari- self said in an op-ed—which I ask unan- ment. It reflects a broad concept of public table Giving Act that passed the service and builds on programs sponsored by imous consent to have printed in the presidents from John F. Kennedy to Presi- House, or the CARE Act that passed in RECORD. dent Bush’s own father. Most importantly, it the Senate. These two bills, very simi- There being no objection, the mate- is representative of what we can accomplish lar in nature, were passed earlier in rial was ordered to be printed in the in Washington when we put partisanship and this session, actually last year—both RECORD, as follows: politics aside and focus on what matters. I

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9413 look forward to working with President Bush have the food necessary to be able to to nonprofit organizations, social serv- to get this proposal signed into law. meet the needs of the hungry in Amer- ice block grant funds. All of that is a Mr. SANTORUM. He said himself to ica. controversy, but all of it is an argu- the Rapid City Journal in an op-ed in Individual development accounts— ment on how much good we want to do, South Dakota, talking about how good Senator LIEBERMAN, Senator FEIN- or how the focus should be. legislation this was: STEIN, myself, and others have been The idea that we cannot get a discus- The CARE Act isn’t a Republican or Demo- working on this for years to try to help sion on how we can help those in need cratic plan. It is a bipartisan proposal that low-income Americans have the oppor- in our society, how we can help those strikes the right balance between harnessing tunity to accumulate wealth, to have organizations that want to help those the best forces of faith in our public life savings and investment, to help them in need, and get that into a form in without infringing on the First Amendment to get a college education, to get a which we can resolve these differences . . . I look forward to working with Presi- GED, or to have the opportunity to and come to a solution, to me, is very dent Bush to get this proposal signed into own a home or to start a business, discouraging. law. 300,000 matched savings accounts, I have met with Senator DASCHLE It is nice that the Democratic leader matched with Government and private from South Dakota. I have asked him said that he is looking forward to it dollars to help low-income individuals to allow us to go to conference, and the being signed into law, but he has done save, to build wealth. Senator from South Dakota basically everything to stop it from actually be- We have heard the President talk said: You have to agree before we go to coming law by standing up and object- about an ownership society. This is a conference to everything I want in this ing to this legislation going to the con- very important part of that ownership bill. If you don’t agree with everything ference committee so we can work out society in this bill. There is $2 billion I want in this bill, then you can’t go to differences. of educational resources through what conference. Many of those differences are going is called an IRA charitable rollover. What is the point of conference? If we to be tough to work out. I will admit, People have IRAs, and some people who have to do exactly what the Senator some of the funding issues for social have IRAs candidly have a lot of from South Dakota wants, to write this service block grant funds, some of the money, and they do not need that bill exactly how he wants it or we can’t issues with respect to how much tax re- money for retirement. If they want to get a bill, that is hardly the kind of bi- lief we are going to give to those who give it to a charity, they are heavily partisan cooperation that we have seen contribute to nonprofits, are going to penalized if they do. This will allow in getting this bill to the point it is be difficult issues to deal with, and them to roll over their IRA. The big- right now. This is not the way legis- there are going to be compromises that gest beneficiaries of this approxi- lating works. It is not my way or the are going to be needed. There are going mately $3 billion that we believe will highway from the minority. It is not to be some things that Republicans are be contributed will be educational in- my way or the highway to the Amer- not going to be happy with in this com- stitutions. Colleges, universities, pri- ican people, who would like to see some promise. There are going to be some vate schools, maybe charter schools, help for those in need in our society. things that Democrats are not going to and other educational institutions will You either do it the way I want to as be happy with in the compromise. But benefit from this provision, and that is the Democratic leader of the minority we need a vehicle to be able to sit down why all of the public universities and in the Senate, not the way the Presi- and work out these differences because private universities in the country are dent would like to do it, nor the way people are not going to be able to get for this provision and believe it can be the House would like to do it, nor how the benefits of this legislation, and a great help to educating our children the Senate majority would like to do they are profound benefits, unless we and keeping the cost of education it, but how the Senator from South Da- act. down. kota would like to do it himself. That, Just to go through very quickly what Eighty-six million lower and middle- to me, is not bipartisanship. That is the benefits are, there is a provision to income Americans will benefit from not reaching across the aisle to make encourage food donations. This is a the nonitemized deduction. What does things happen in a positive direction very important part of meeting the that mean? Two-thirds of Americans do for an area in the country that is in needs of the hungry in America. Yes, not itemize, period. They fill out the need. we have Federal dollars that go for short form, the 1040EZ. We have a cer- I am willing to compromise. I have that purpose, but as my colleagues tified public accountant in the Chair, said to the Senator—in fact, I said to know, the vast majority of the food and he can explain this better than I the Senator from South Dakota that I that is distributed through food pan- can, but I will do my best. am willing to make reductions in areas tries, soup kitchens, or missions comes Right now, if someone is one of these of this bill that I care most about, and from private donations. That is where two-thirds of Americans who con- I am willing to give in areas that I care the vast majority of the food comes tribute to their church, the Red Cross, probably less about. I am willing to from. the Salvation Army, they cannot de- make that compromise, but it is not all Yes, we do provide some Federal as- duct the contribution that they made; or nothing. It can’t be all or nothing. sistance to America’s Second Harvest, whereas, if one itemizes, they can. So That is what we are being told. To me, to other organizations, but the vast what we are trying to do is to provide that is an insult to the very people we majority comes from donations. There some encouragement for people who do are attempting to help and certainly is an area of the law that candidly does not have complex tax forms to give not in keeping with the comments of not encourage, because of the Tax money to these organizations. That is the Senator from South Dakota that Code, some purveyors of food to give what this nonitemized deduction for he made in Rapid City. I understand their surplus food for the hungry in charitable giving is about. Eighty-six how he would say those things in South America. So we changed that provision million lower- and middle-income Dakota. But here in Washington, DC, it of the law. We believe—not we—Amer- Americans will do that, and it will be is a very different story. It is not a ica’s Second Harvest believes that 878 billions of dollars in increased dona- story that says to those who are not- million meals will be provided, as a re- tions as a result of it. for-profit organizations that want to sult of this provision, for hungry Amer- As JOE LIEBERMAN said—we had a help, that need these resources and are icans over the next 10 years. This is not press conference recently—what is left in need, to not come and apply because a small amount. This is not a minor, in this bill is all good. There is nothing we are going to deal with you exactly trivial matter. bad. There is nothing controversial or how this bill is going to be written. For those who care about hunger in that would be disagreed upon. There is This bill has been written in more of America, and as someone who was a disagreement on how to pay for this. a bipartisan fashion than any bill I sponsor of the bill in the Senate that There is disagreement on how much of have ever been involved with in the passed, the Good Samaritan Food Do- this we want to do. There is disagree- Senate or in the House where I served. nation Act, I care a lot about Amer- ment as to how much we are going to This is all good, the Senator from Con- ica’s Second Harvest and others who have in direct Government assistance necticut said.

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9414 CONGRESSIONAL RECORD — SENATE September 21, 2004 I am hopeful we will have an oppor- The Charity Aid, Recovery, and Empower- me to do. I know we have a recess to tunity to place this good legislation in ment Act (CARE) passed the Senate on April take place at 12:30. I want to give fair- a situation where we can forge a com- 9, 2003, by a vote of 95–5. The House of Rep- ness, and I should have the opportunity promise that will give us not every- resentatives passed companion legislation, to respond. the Charitable Giving Act, on September 17, Mr. ENZI. Mr. President, the Senator thing I want, not everything the Sen- 2003, by a vote of 408–13. ator from Connecticut wants, not ev- Since both the Senate and the House have from Nevada may wish to speak after I erything the Representative in the strongly supported charitable incentives, speak. I will be covering some of the House who is leading the effort on the and since both the Senate and House FSC- same ground. I will be making a unani- House side wants, not what others ETI (JOBS) bills include charitable reforms mous consent request. want, but that we can arrive at a com- which limit existing practices, inclusion of a Mr. REID. Would the Senator allow promise in a bipartisan way to allow package of charitable incentives in the FSC- me to respond to him and Senator ETI conference is appropriate and within the this bill to provide remedies for the SANTORUM’s unanimous consent re- scope of the conference for this Congress. quest following his statement? needs of our society by getting this bill Furthermore, we believe that any revenue passed and signed into law. The PRESIDING OFFICER. Is there raised through constructive reforms impact- objection? UNANIMOUS-CONSENT REQUEST—H.R. 7 ing charities should be dedicated to expand- Mr. DORGAN. Mr. President, reserv- ing charitable giving incentives in order to I ask unanimous consent that the Fi- ing the right to object, if there is to be nance Committee be discharged from help those in need. We strongly urge the conferees to work an agreement soon, I would like to be further consideration of H.R. 7, the with the many sponsors and supporters of a part of that agreement. I would like charitable giving bill, and the Senate the CARE Act in the Senate and the Chari- to offer a unanimous consent request proceed to its immediate consider- table Giving Act in the House to include the to set a date for a vote on the re- ation. significant provisions shared by both bills importation of prescription drugs. If we I further ask unanimous consent that and full and fair consideration of those that reach an agreement, I would like to be all after the enacting clause be strick- differ—for the benefit of all Americans. The a part of that so I can offer a unani- time has come to expand the tools of gen- en, that the substitute amendment, mous consent request that the Senate which is the text of S. 476, the Senate- erosity and increase resources for those in need in a bipartisan fashion. be able to consider that issue. passed version of the charitable giving Thank you for your consideration of this Mr. ENZI. I am going to object to bill, be agreed to; that the bill, as request. We look forward to working with giving some leeway to the Senator amended, be read a third time and you in this important effort. from Nevada to give some kind of re- passed, the motion to reconsider be Sincerely, sponse because we are going to be ask- laid upon the table; further, that the RICK SANTORUM, ing unanimous consent. But I have lis- JOSEPH LIEBERMAN, Senate insist on its amendment and re- tened for the last 21⁄2 hours to com- quest a conference with the House; U.S. Senators. ments from the other side that I have that the Chair be authorized to appoint The ACTING PRESIDENT pro tem- not been able to respond to. To give un- conferees with a ratio of 3 to 2; and pore. The Senator from Nevada. limited additional time to the other that any statements to the bill be Mr. REID. Mr. President, I just came side to again make comments that we printed in the RECORD. to the floor after having presented an obviously would like to comment on, The ACTING PRESIDENT pro tem- award to Senator GORDON SMITH. The too, isn’t reasonable at this point in pore. Is there objection? Suicide Prevention National Organiza- time. We are already into the time of Mr. REID. Objection. tion gave him an award, which is the the policy meetings, so we are extend- The ACTING PRESIDENT pro tem- No. 1 award that this organization can ing beyond that time. We are having to pore. Objection is heard. present. GORDON SMITH’S son took his take that time in order to use our al- Mr. SANTORUM. Mr. President, if I own life at age 22. We passed in the lotted time. can conclude and then I would be Senate in recent days—in fact, on Gar- The PRESIDING OFFICER. Objec- happy to let the Senator speak, I will rett Smith’s birthday—the Garrett tion is heard. submit for the RECORD a letter from Smith Suicide Prevention Act. The Senator from Wyoming. Senator LIEBERMAN and I to the con- The reason I mention that is that f ferees on the FSC/ETI bill. We believe matter was passed and is going to be- UNANIMOUS CONSENT REQUEST— this is an important enough measure come law. The President will sign it H.R. 1261 that we should pass it this year. If we any day. are not able to go to conference and As a result of what I suggest to my Mr. ENZI. Mr. President, I have work out differences, Senator LIEBER- friend from Pennsylvania happened in heard a lot of talk by my colleagues on MAN and I may ask the conferees on this instance, we are not objecting to the other side of the aisle about jobs this tax bill to please consider the the passage of this bill. We have never and workers. But I have to tell you Charitable Giving Act as part of the objected to the passage of this bill. We that their actions don’t match their FSC/ETI conference. I hope if this is are simply saying that it be handled in words. It is a little disingenuous to not the vehicle, we can get it to con- the way the Garrett Smith legislation come talk about jobs and then block a ference another way. passed, and let the House take what- job training bill. I ask unanimous consent that this ever action on it and we bring it back. I point out one very important pro- letter be printed in the RECORD. If we like what they have done, we will gram we have that helps American take it; if not, we will amend it and workers improve their skills and get a There being no objection, the mate- send it back to them. new or better job so they can make a rial was ordered to be printed in the We have had numerous bills enacted better life for themselves and their RECORD, as follows: into law without using a conference to families. It is the nation’s job training U.S. SENATE, negotiate differences between the program created under the Workforce Washington, DC, July 22, 2004. House and the Senate. I say numerous; Investment Act. This job training leg- DEAR CONFEREES: We are writing on behalf of the charitable community, large and I don’t say several. I say numerous. I islation would help over 900,000 unem- small, across this country seeking to aid have not counted these, but I assume ployed workers each year get back to families and better their neighborhoods and there are about 100 pieces of legisla- work. communities by helping those in need. As tion. We keep talking about jobs and work, you know, both the Senate and the House of The PRESIDING OFFICER (Mr. but we haven’t been able to get this Representatives have passed legislation in SANTORUM). The time is under the con- important bill into conference. this Congress with overwhelming bipartisan trol of the Senator from Wyoming. If the other party really wanted to support that provides significant additional Mr. REID. Mr. President, I ask unan- provide working families with the help incentives for charitable giving around the imous consent that I be allowed to they need, they would be a lot less country and additional resources for efforts to help those in need including innovative speak in response to the Senator from talkative, and they would be a lot more Individual Development Accounts (IDAs), in- Pennsylvania for up to 10 minutes. I active when it comes to moving this creased Social Services Block Grant (SSBG) will be happy if the Senator wants me bill on job training to conference and funding, and the Compassion Capital Fund. to speak afterwards, whatever he wants enacting it into law.

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9415 This obstruction by my colleagues on other less-increasing line that shows made buggy whips had to learn new the other side of the aisle hurts our the labor that will be available. You skills. The new economy creates new workers, it hurts our businesses, and it can see the gap we will have between jobs and those new jobs demand new hurts our ability to compete in the the number needed and the number skills. global marketplace. available. We will not have enough We cannot turn back the clock. To Let us look at the facts. The econ- workers to fill our jobs and we will not quote again from ‘‘The Jobs Revolu- omy has shown 12 straight months of have enough workers with the right tion’’: job gains. Last month, payroll employ- skills for those jobs. And we do not ment increased by 144,000 jobs. Nearly right now. We’ll never return to the days before sat- 1.7 million new jobs have been created According to a 2003 survey by the ellites hovered over the globe and the Inter- over the past year. The unemployment Center for Workforce Preparation, an net wove us together. We need to go forward, rate fell to 5.4 percent. affiliate of the U.S. Chamber of Com- guided by a plan that reflects a new set of Mr. REID. Mr. President, I ask for merce, half of the employers reported American priorities. The plan will marry regular order. difficulty in finding qualified workers. education and employment. In the old, pre- Mr. ENZI. I believe under regular The problem is greatest for small em- revolutionary model, we went to school for a order that for our time we have up to ployers. Small business—our greatest dozen or more years and then we went to work. After this revolution we’ll need to 60 minutes, that there was no set time source of economic growth—cannot for adjourning for the policy commit- keep learning to keep working. Education create jobs if they do not have skilled and re-education will be the dominant strat- tees. workers to fill them. egy by which we land and hold our jobs. The PRESIDING OFFICER. I say to The gap between the demand for the Democratic whip that the time is high-skilled workers and the supply Unfortunately, the current workforce now controlled by the Republicans. We will only widen in the future. Looking development system is not up to the are under a unanimous consent agree- ahead 2 years, only 30 percent of the task. It is not effectively equipping our ment that time was divided between employers surveyed by the Center for workers with the relevant skills. With- the two sides. There is 41 minutes 19 Workforce Preparation believe the out any action, technology and other seconds on the Republican side. skills of their workers will keep pace. advances will outpace the ability of Mr. REID. I apologize to the Chair. I As policymakers, we too must look American workers and businesses to thought we were going out for our re- ahead to the growing skills gap that update skills needed to compete. cess. So how much time is left for the demands our attention and our action We must improve the Nation’s job- Republicans? now. The PRESIDING OFFICER. There is Another chart shows the projected training system under the Workforce now 41 minutes 8 seconds on the major- skilled- and unskilled-worker gap in Investment Act to better prepare ity side. There is no time left on the 2010 and 2020. In 2010, the skilled-work- American workers for the good jobs of minority side. er gap will be 5.3 million; by 2020, it today and tomorrow. Only a system- Mr. REID. Mr. President, I apologize will be 14 million. The unskilled-work- atic reform of our Nation’s job-training for interrupting my friend. system will enable American workers The PRESIDING OFFICER. The Sen- er gap will move from 1.7 million in 2010 to 7 million in 2020. That is 7 mil- and businesses to compete and succeed ator from Wyoming is recognized. in the global economy. Mr. ENZI. Mr. President, we have lion total by 2010, and 21 million total laid the groundwork for the economic by 2020. There is good news. We have a bill recovery we are experiencing today. This skills gap blocks the way to bet- that does this. It is a bipartisan bill President Bush’s economic policies ter jobs and better lives for American that reauthorizes and improves the Na- continue to create new jobs and move workers and their families. This skills tion’s job-training system. It will help the economy forward. This all adds up gap also threatens the ability of Amer- retrain workers to fill the jobs needed to good news for the American people; ican businesses to compete in a more in this country now and in the future. not good news if you do not have a job. complex, global economy. In the book It will link workforce development called ‘‘The Jobs Revolution,’’ by Steve But this is a job-training program I am with economic development, recog- Gunderson, Robert Jones, and Kathryn talking about so you can get a job, or nizing that job training and job cre- Scanland, they describe the impact of if you have a job and want a better job, ation go hand in hand. It will partner this skills gap: you can get skills improvement. We the public workforce system with pri- Every unfilled job translates to products have weathered the storm and we are and services we cannot deliver to the global vate sector employers—including small poised to enter a new period of pros- market and, therefore, dollars we cannot re- businesses—and with training pro- perity. turn to the U.S. economy. Almost certainly, viders to better prepare workers for However, I have to caution you about jobs unfilled in the U.S. will go elsewhere high-wage, high-growth jobs. some serious roadblocks that stand in and not return. The good news is that we have bipar- the way of prosperity for our workers Now, we can change this outcome. and businesses alike. The first road- tisan legislation that does all of this— We can keep jobs and prosperity in legislation that passed out of the block is a gap between the skills our America. But we must act now to close Health, Education, Labor, and Pen- workforce has and the skills our em- the skills gap by improving our edu- sions Committee unanimously, legisla- ployers need. The second roadblock is cation and our job training system. the Democrats’ obstruction of the job- When Federal Reserve Chairman tion that passed on the floor of this training legislation that will help close Alan Greenspan testified before the Senate last November unanimously. this skills gap. Senate Banking Committee, he said: That does not happen with controver- First I will talk about the skills gap [W]hat will ultimately determine the sial bills. Where is the bill now? so you can understand just how dam- standard of living in this country is the skill Here is the bad news. Here is the aging the Democrats’ obstruction is to of the people. roadblock. The Democrats will not let our workers and our economy. Why is effective workforce training us send this important job-training bill It may surprise you to learn that so important? Because in an increas- to conference. They are stopping many good jobs in this country will re- ingly knowledge-based economy, peo- progress by refusing to appoint a con- main unfilled because employers can- ple—their talent and their ideas—make ference committee, which is a com- not find workers with the skills they the difference. People are a company’s mittee made up of both Republicans need. This skills gap is not about poli- most important resource. The skills and Democrats who would meet with tics; it is about education and training; and ingenuity of the American work- Republicans and Democrats from the it is about demographics; it is about force will drive our economy in the 21st House to work out the differences be- America’s competitiveness in the glob- century and beyond. If we want to keep tween the House and the Senate al marketplace. high-paying jobs in America, our chal- versions of the bill—a very common This chart shows the expected labor lenge is to equip our workers with procedure in past years, obviously not force and labor force demand from 2002 skills the global economy demands. to 2031. You can see the line with the We used to manufacture buggy whips. in this year. boxes on it which shows the labor that We do not make them anymore, or This is an important jobs bill, a bill is going to be needed. You can see the hardly any of them. The workers who that will help American workers and

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9416 CONGRESSIONAL RECORD — SENATE September 21, 2004 businesses, and it is being held hostage tion. If we wanted to keep good jobs in he didn’t like, then I wouldn’t sign my to election year politics. If we really this country, the Democrats would name to the conference and vice versa. care about keeping good jobs in this agree to send this important bill to That was done in a personal meeting country, we need to send that job- conference. between myself and the other Senator. training legislation to conference and And a conference isn’t the last oppor- Then it was put in writing by the two then to the President to become law. tunity to obstruct or to filibuster. leaders confirming the agreement we I owe my constituents more. I think After the conference, if the Democrats had reached. we all do. We owe the American people don’t like the results they participated Suddenly, we are told all bets are off. an open legislative process, a process in—and that is a key part to this, in That deal is no good. So the conference they expect and deserve from us. This conference both sides participate, as I is going on with none us of attending. is not just an academic question of mentioned before—then they can fili- There are meetings going on, but we Senate rules and procedures. A bill buster. This is embarrassing because are not part of the conference. that would help put Americans back to we passed it unanimously last Novem- This is what has happened around work or find better jobs now lies in leg- ber. We asked for more job training here. That is the embarrassment. The islative limbo. Whether a company de- last November. It is almost November conference process I have been involved cides to open a plant in Cheyenne or again. And in fact, if a conference com- in for 22 years has been turned on its China depends upon a qualified local mittee were appointed, there isn’t time head. Conferences are called in name workforce. A skilled workforce can for that, it would be a bipartisan effort. only. You don’t know what conference is being held, where it is being held, be- make the difference between success It would be continuing work on the job cause you are not told. And not only and failure in the new, global economy. force because there isn’t anything a that, what happens to many of these It will make the difference for our conference committee now could do bills is other items are inserted that workers, for our companies, and for our that could affect this election. They have nothing to do with the issue about future. have already held out long enough to which the conference is taking place. There is an American dream. It is to affect this election and to restrict jobs I know the sincerity of the Senator have a family, a nice home, and a good in the economy. from Wyoming. We know the impor- job to support that home and family. I am pushing for a conference com- tance of this legislation. We want it to Prior to my coming to the Senate, mittee that could meet, that could re- pass also. But it has passed. We want it my wife and I owned some shoe stores. solve the small differences there are to be signed into law. The best way to As a small-business owner, I saw first- between the House and Senate bills. We accomplish that is to do what we have hand the impact of job training in have already talked about what those done on so many different bills that achieving that dream. We had an em- are and what the changes would prob- have been enacted into law without ployee, a Vietnam veteran, who went ably be. I resolved about six of the using the conference to negotiate the to work through a workforce training issues that were brought up before, and differences between the House and the course and ended up managing and we are down to some very minor ones. Senate; that is, to work it out between then buying two stores from us. He is They need to be fixed by a conference the two bodies. We have done it many an example of what you can do with ef- committee. times. We can do it on this. fective job training if you teach work- There is no reason a conference com- I object. ers to dream at the same time. mittee should not have been appointed The PRESIDING OFFICER (Mr. TAL- We have to give workers and busi- last year—not this year, but last year. ENT). Objection is heard. nesses the tools to turn those dreams This should have been worked out and The Senator from Wyoming. into reality. Job training under the people should already be in training for Mr. ENZI. I am deeply disappointed. I Workforce Investment Act can turn the these jobs—900,000 of them a year. am not surprised that the other side dream into reality for millions of I ask unanimous consent that the objects to sending this important jobs American workers. By blocking legisla- Senate now proceed to the House mes- training bill to conference. I am a lit- tion that improves job training, my sage to accompany H.R. 1261, the job tle disappointed in the comments I just colleagues on the other side of the aisle training bill, also known as the work- heard which try to give some credi- are blocking the way to new and better force investment legislation, which is bility to my not being trusted. I don’t jobs for American workers. They are at the desk; provided that the Senate remember any handshake I have made blocking the pathway to prosperity for insist upon its amendment, agree to on any bill that hasn’t turned out to be American families and American com- the request for conference on the dis- that way. I was not a part of that panies. agreeing votes of the two Houses, and transaction. The job training bill known as the the Chair be authorized to appoint con- I am on the Health, Education, Workforce Investment Act is a central ferees on the part of the Senate with a Labor, and Pensions Committee. Mr. REID. Will my friend yield for a part of a combination of Federal edu- ratio of 5 to 4. comment? cation and training programs that pro- Mr. REID. Reserving the right to ob- Mr. ENZI. Yes. vides lifelong learning for the work- ject, this bill has already passed. We Mr. REID. I want the record to be force of today and tomorrow. In this are waiting for the House to get to- spread: I accomplished directly the op- technology-driven global economy, ev- gether on an amendment to send back posite of what I wanted. I would never, eryone is a student who must adapt to to us. As I indicated, we have passed ever question at any time the veracity, changing workforce needs by con- numerous bills by using this procedure. the honesty, the handshake of the Sen- tinuing to pursue their education. In My dear friend, the Senator from Wyo- ator from Wyoming. Out of courtesy, turn, Congress must ensure that edu- ming, for whom I have the greatest re- because the other Senator was not on cation and job training are connected spect, is crying these big crocodile the floor, I did not want to mention his to the needs of business, including tears. We have passed numerous bills name. But it had no reference to you. small business, now and in the future. by doing the very same thing, sending We had a situation where Senator I urge my colleagues on the other a bill over to the House. This can be DASCHLE and I agreed to a conference side of the aisle to allow the appoint- done without a conference. on a handshake and, in my opinion, the ment of conferees to the job training I repeat for the third time, I have the handshake meant nothing. legislation known as the Workforce In- greatest respect for the integrity of the It had no bearing whatsoever on the vestment Act. The cost of this obstruc- Senator from Wyoming. I am sure if we Senator from Wyoming. I want the tion is the loss of important legislative shook hands on a deal he would go to Senator from Wyoming to know—ev- efforts that will benefit the American whatever bounds necessary to fulfill erybody in Wyoming—I have never people as it harms the integrity of the that agreement. But I have to say that known a more ethical person in Gov- legislative process itself. I hope our bi- on the most important bill, the high- ernment than the Senator from Wyo- partisan efforts on this bill can con- way bill, another Senator and I shook ming. tinue. I hope regular order is restored hands, a Republican with me, indi- Mr. ENZI. I thank the Senator from to the appointment of conferees so we cating that if this bill is going to go to Nevada for his comments. I assure peo- can craft the final version of legisla- conference, if there was something in it ple that the Health, Education, Labor,

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9417 and Pensions Committee is one of the who cannot filibuster a bill through The Senator from New Mexico is rec- more controversial committees of the the rest of the session, as short as it is ognized. Senate. If I didn’t have some credi- going to be now, probably ought to be Mr. DOMENICI. I thank the Chair. bility of following through on the worried about their senatorial capa- (The remarks of Mr. DOMENICI per- things I have talked about in the proc- bility. taining to the introduction of S. 2818 ess, that would not have gotten out of Our workers and our companies de- are printed in today’s RECORD under committee unanimously, had that not serve more than election year political ‘‘Statements on Introduced Bills and had the same kind of confidence on obstruction. They deserve the tools Joint Resolutions.’’) what I would do if a conference com- needed to keep American workers and The PRESIDING OFFICER. The Sen- mittee were appointed. And we talked businesses the best in the world. They ator from Nevada. about what kind of differences there deserve to see us act in a bipartisan Mr. REID. Mr. President, beyond the are. The House had already passed manner and send this bill to con- statement of my friend from New Mex- their bill. If they didn’t have some con- ference. ico and Senator DORGAN, is there any fidence in me that what I had said I yield the floor. other time that has been allocated? would happen would happen, it would The PRESIDING OFFICER. Does the The PRESIDING OFFICER. No, there not have gotten through the Senate Senator yield the remaining time on is not. floor unanimously. That doesn’t hap- the Republican side? Mr. REID. I ask unanimous consent pen often with Health, Education, Mr. ENZI. Yes. that I be allowed to speak for 3 min- Labor, and Pension bills. f utes to respond to my friend from New This has been a very important bill Mexico. Also, Senator NELSON is in the for the workforce of America, and we CONCLUSION OF MORNING Chamber, and if there is a Republican had great agreement and cooperative BUSINESS who wants to speak—we are as in work on it, recognizing what would The PRESIDING OFFICER. Under morning business, are we not? probably be done in conference com- the previous order, morning business is Mr. DOMENICI. We are, but I cannot mittee. Now, we could probably send now closed. do that because we carved this out this over four or five times to the f without our leadership. The Senator on House—which there is not time to do— his side is indicating he did not want RECESS and resolve some of the differences in us to do that, but he agreed to our two. each of those. Had I known this was The PRESIDING OFFICER. Under We will soon agree with him, but at going to happen, I would have started the previous order, the Senate will this point I cannot. Senator DORGAN is that process much earlier so we would stand in recess until the hour of 2:15 entitled to speak next, and I will in- have had time to send an important p.m. quire about Senator REID’s and Senator bill like this back and forth. Thereupon, the Senate, at 12:53 p.m., NELSON’s requests very shortly. The way this has always been done recessed until 2:15 p.m, and reassem- The PRESIDING OFFICER. The Sen- with the Health, Education, Labor, and bled when called to order by the Pre- ator from North Dakota. Pensions Committee bill—that is the siding Officer (Mr. VOINOVICH). f committee I have been on ever since I The PRESIDING OFFICER. The Sen- UGLINESS OF AMERICAN POLITICS got here—is that we held conferences. ator from New Mexico. Yes, some of them had a lot of animos- Mr. DOMENICI. Mr. President, I sug- Mr. DORGAN. Mr. President, first, I ity, but we worked them out and got gest the absence of a quorum. am proud to be in the Senate. I have al- bills finished. When you have difficult The PRESIDING OFFICER. The ways been proud to be a part of our po- issues, the best thing is for people to clerk will call the roll. litical system. It is a remarkable privi- sit down with each other. I have always The assistant legislative clerk pro- lege to participate in this system of invited the other side to any con- ceeded to call the roll. ours. I have run for Statewide election ference committee I have been on, and Mr. DOMENICI. Mr. President, I ask 11 times, since I was in my we have listened to both sides. What we unanimous consent that the order for midtwenties. I must say there are have usually come up with, instead of the quorum call be rescinded. times when I see and hear things in one side or the other, was a third way. The PRESIDING OFFICER. Without American politics that fill me with dis- That is what ought to be done on this objection, it is so ordered. gust. bill. f Two years ago, we had a colleague, We ought to be reaching an agree- Max Cleland, who sat in that desk near ment so we can get 900,000 people a ORDER OF PROCEDURE the door. Max Cleland was charged in year trained to fill the skills gap we Mr. DOMENICI. Mr. President, I ask his campaign with lack of commitment were talking about before. We are not unanimous consent that we proceed as to our country’s national security. just going to have a lack of jobs, we are in morning business for the following They ran an ad against Max Cleland going to have more jobs than we can two items: That Senator DORGAN be that had an image of Osama bin Laden fill—provided we have people trained to permitted to proceed after the Senator and Saddam Hussein. This is a man fill them. If we don’t train the people, from New Mexico for 5 minutes to who left three limbs on the battlefield. those jobs are going overseas and we speak as in morning business, and the He sat in this Chamber missing two will never see them again. It has been Senator from New Mexico be recog- legs and an arm. Back home on tele- critical for this year, the year that is nized for 7 minutes to speak as in vision, he was accused of not standing just about over. We cannot afford to do morning business, and that those are up for this country’s national security. this again next year and wait a year or the only two speakers to be permitted It stretches my threshold of forgive- 2 years to reach an agreement to get as in morning business at this point, ness to excuse those who do that to people trained for jobs. That is what is and that is for debate only. someone like Max Cleland, who went to happening. Mr. DORGAN. Mr. President, I also Vietnam, came back, and wrote a book If we have to go until the first of the seek the same 7 minutes. entitled ‘‘Strong at the Broken year, all these bills start all over Mr. DOMENICI. With the same condi- Places.’’ He ran for the Senate to be- again. Everybody’s ideas come back in tions. come a U.S. Senator, only to be at- again, we redraft and start again, and Mr. DORGAN. Yes. tacked that he was not somehow stand- we get to conference—maybe. But The PRESIDING OFFICER. Without ing up for the national security inter- there is no assurance of that. We are at objection, it is so ordered. ests of this country. Shame on them. the point where we can have a con- Mr. DOMENICI. So we have 7 min- This Sunday, I saw that ugliness ference committee. If we have a con- utes each, speeches only as in morning again raise its head. It is the worst of ference committee, then there can be business, and that is all we have agreed American politics, in my judgment. agreement or disagreement. If there is to at this point. This is a newspaper called the Rapid disagreement, there is an opportunity The PRESIDING OFFICER. The Sen- City Journal. I have it because this to filibuster at that point. Senators ator is correct. comes from a neighboring State of

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9418 CONGRESSIONAL RECORD — SENATE September 21, 2004 mine. On Sunday, Republican chal- dence we landed right here right now. comfort to the enemy. That is beneath, lenger John Thune accused Democratic What a wonderful event for us. It is our in my judgment, thoughtful politics. Senator TOM DASCHLE of encouraging job to be caretakers of a political sys- That is the kind of thoughtless and low America’s enemies and damaging U.S. tem, a democracy that is the most suc- blow in politics that is uncalled for. troop morale with a headline, cessful in the world. There is plenty of The only reason I came to the floor is ‘‘Emboldening the Enemy?’’ reason for us to have aggressive de- I am disgusted by this. For those who engage in this kind of bates. Aggressive debate is wonderful. I am part of this political system and politics, attacking the Democratic It is invigorating and refreshing to our I have always in my campaign tried to leader in the Senate as emboldening democracy. But this is not aggressive wage a positive campaign. When chal- the enemy, encouraging America’s en- debate. This is the worst of American lenged, I am aggressive, no question emies, and damaging U.S. troop mo- politics. I hope it stops. about that. But I hope no one is accus- rale, the Rapid City Journal says, all I Mr. JOHNSON. Mr. President, may I ing me of the low road because I never can say is, shame, shame. Is there de- direct a question to my colleague? take the low road. I believe this is cency left in American politics? There Mr. DORGAN. I would be happy to re- about a positive future of jobs and hope was not in the attack on Max Cleland, spond or yield the floor. and opportunity for the American peo- a man who nearly died on the battle- Mr. JOHNSON. I want to express my ple. There is so much to talk about and field, and there is not in this unforgiv- agreement with the observations ex- so much to do. In my judgment, it be- able attack on the Democratic leader pressed by my friend and colleague trays rather than serves the public in- in the Senate. from North Dakota about the tenor of terest in this country to be somehow Does anyone really believe that some of the recent attacks directed to- questioning the patriotism or ques- which occurs here, that the actions of ward my colleague from South Dakota, tioning the commitment of a Member the Democratic leader embolden the Senator DASCHLE. This is beyond any- of this body, especially the leader of enemy, encourage America’s enemies, thing we have witnessed in America our caucus, questioning the commit- and damage U.S. troop morale? It is so politics in more than a generation, and ment of the leader to the ideals and disgusting to see the tactic of ques- perhaps ever, to have an attack in a po- goals of this country and saying in- tioning someone’s commitment to litical campaign essentially accusing a stead that somehow what the leader of their country, questioning someone’s leader of the Senate of conduct bor- our caucus has done is to give aid and patriotism, or when someone says a dering on treason. comfort to the enemy or to embolden critical word, suggesting somehow that I think Senator DASCHLE put it well, the enemy, as the headline states. That they are giving aid and comfort to that based on good values in the way is not what we should expect from our America’s enemies. That is not what we tend to see things, the observations political system or the candidates who ought to be the best in this democracy. of this gentleman ought to lead to a are in that political system. It is the worst in American politics. trip to the woodshed for the despicable Mr. NELSON of Florida. Mr. Presi- The shrill, ugly, corrosive, relentless nature of the observations. I believe it dent, will the Senator yield for a ques- attacks in this political system ought would be hard to find anyone in the tion? Mr. DORGAN. I would be happy to to stop. There is so much to be done. Senate—I am sure my colleague from North Dakota would agree with me, yield. Obviously, I support my colleague, Mr. NELSON of Florida. I thank the Senator DASCHLE. Senator DASCHLE being the only vet- eran in that particular race, someone Senator for yielding. There is reason to have an aggressive The Senator has accurately described who served in the Vietnam era—would debate in our State to the south about a political season where meanness is Senator DORGAN agree with me that a range of issues. But there is no rea- the order of the day. He has pointed there is virtually no one in the Senate son, no excuse for the challenger in out this element in the race in South of either party who has been more com- that race to be suggesting the Demo- Dakota. I have seen it in my State of mitted to living up to our obligations cratic leader here in the Senate, my Florida recently, interestingly, in the to our veterans, to the safety, equip- colleague and friend Senator DASCHLE, Republican primary, meanness where ment, and resources of our men and somehow is encouraging America’s en- the truth doesn’t matter, where you emies and damaging U.S. troop morale. women in uniform? I ask this question can be opponents, but you don’t have That is not below the belt, that is of my colleague from North Dakota, as to be enemies, and it is there neverthe- below the radar screen of American the father of a young man, my oldest less. It is time for the people of this politics. My hope is that the American son who served in combat in both Af- country to say that is enough. We are people, my hope would have been that ghanistan and most recently in Iraq, a killing our own democratic institu- the citizens of Georgia, and my hope member of the 101st Airborne, my son, tions with the smut and dirt and certainly is that the citizens of the who is a very big supporter, a very untruths, and it is time to stop. United States see it for what it is. It is vocal supporter of Senator DASCHLE Mr. REID. Will the Senator yield? an outrage, and this country should and the importance for the sake of our I know the Senator from North Da- not stand for it. This country is about, military and our national security of kota has the floor. I would like to ask in my judgment, aggressive, open de- our State of reelecting him to this im- a question of the Senator from Florida. bate. There is an old saying: When ev- portant position. But can you think of To make the Senator’s point clear, eryone is thinking the same thing, no anyone who has done more, who has however, I ask, is it not true that the one is thinking very much. provided more leadership, has been Senate race to which the Senator is re- But we have people around today who more vocal in support of our troops and ferring was a race between two Repub- believe if you raise any questions at our military and our Nation’s defense licans, one backed by the President and all, you are somehow unpatriotic. What than Senator DASCHLE? the other running on his own, former a load of nonsense. Mr. DORGAN. Senator DASCHLE is an Congressman McCollum? And the vi- I came into American politics and Air Force veteran. He is a patriot. He ciousness—I have read editorials from into this political system proud of poli- is someone who has a strong record on the State of Florida which dealt with tics and the way we make decisions. national defense and national security Martinez’s campaign against this good John F. Kennedy used to say that issues. He doesn’t need me to come to man, Congressman McCollum, and the every mother kind of hopes her child the floor to defend him. I come to the same applies to South Dakota. The might grow up to become President as floor only because I am disgusted at same crew that is trying to demean long as they are not active in politics. this sort of nonsense. This represents Senator DASCHLE demeaned Congress- He was kidding, of course. Politics is the worst of American politics. If you man McCollum. Is that a fair state- an honorable venture in this country. want to have a debate about energy, ment? It is the way we have made decisions taxes, foreign policy, name it, have Mr. NELSON of Florida. I say to the for over 200 years. There is nowhere that debate. But don’t accuse your op- Senator that sadly Mr. McCollum, else like this place on this globe. We ponent of somehow not standing up for former Congressman, who ended up sec- spin around the Sun with 6 billion of us the interests of this country. Don’t ac- ond in the Republican primary, a fel- and somehow through divine provi- cuse your opponent of giving aid and low I have known since high school and

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9419 who has some very high principles, be- them last time or voted against them. less, faceless people who are killing in- cause he announced that he was in They do not want to make a big im- nocent women and children, and oth- favor of the hate crimes bill, was la- pression on getting new people into the ers? I think not. And I say John Thune, beled, as reported in the St. Petersburg system. It is easier to deal with what whom I have the highest respect for, Times, as ‘‘the new darling of the ho- you have, and it is wrong. should return the dignity to his person mosexual extremists’’ as a means of We started off after the Civil War and disavow this statement. trying to cut him down in a Republican with rules to keep people from voting. The PRESIDING OFFICER. The Sen- primary. We need to get out of that mindset. ator from Florida. This has absolutely gotten out of We need to make it easier for people Mr. REID. Mr. President, will the control and I am afraid we are going to to vote, and one way to do that is to Senator withhold? see more of the same as we come into have either same-day registration or Mr. NELSON of Florida. Mr. Presi- the general election. It is exasperating. even no registration. There are plenty dent, I will yield to the Senator from It is not the American way. We have of ways of checking to see if people are Nevada. trying to vote fraudulently. seen this time after time. My goodness, f what do we have to expect in the Presi- In the State of Oregon, people vote dential race in the next 6 weeks? by mail. They do not have polling MORNING BUSINESS That is my response to the Senator. places in Oregon, and it works out just Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, will the fine. The State of Washington also does imous consent that there be a period Chair state what the matter before the a lot of their balloting by mail. It for morning business for the purpose of Senate is at this stage? works out fine. Those two States de- statements only until 3:45 p.m.—that is The PRESIDING OFFICER. The Sen- cided they wanted to do what they the next hour—with the time equally ate is in morning business for debate could to increase voter participation, divided between the two leaders or only. not cut back on it. We need to do more their designees? Mr. REID. And the time is not di- of that rather than all these laws that The PRESIDING OFFICER. Is there vided between now and 3 o’clock? are going to throw people in jail if they objection? The PRESIDING OFFICER. The time register wrong people. I think there are Without objection, it is so ordered. of the Senator from North Dakota has so many different ways of checking to Mr. REID. I also say, Mr. President, expired. make sure you have an honest election if there is some concern because we Mr. REID. Following that expiration that you do not need to have all these used the last 15 minutes, if the Repub- of time, how is the time allocated? punitive measures that are proposed. The PRESIDING OFFICER. There is licans want to come and get a little f no order in place. extra time because of that, we would be The Senator from Nevada. APOLOGY TO THE PEOPLE OF happy to take care of that. The PRESIDING OFFICER. The Sen- f SOUTH DAKOTA ator from Florida. VOTING IN AMERICA Mr. REID. Mr. President, I know my friend from Florida wants to speak. I f Mr. REID. Mr. President, I want to certainly want to give him that abil- THREE MAJOR HURRICANES IN comment briefly on the statement of ity. But I just want to say this: The FLORIDA my dear friend from New Mexico about Senator from North Dakota is abso- voting and all that he thinks is wrong Mr. NELSON of Florida. Mr. Presi- lutely right. Senator DASCHLE is a vet- dent, my family has been in Florida for with our system. I would be happy to eran who has served in the U.S. mili- look at his legislation. But it seems to 175 years, and I do not remember in all tary. He is a person who has dedicated of the history books where major hur- me around here what we should be much of his legislative life to helping ricanes have happened back to back. It dealing with is giving people the oppor- people who have served in the military. has happened with lesser hurricanes, tunity to vote more easily rather than There are a lot of people who can making it more difficult. take responsibility for dealing with but I think the record book was shat- tered when three large, major hurri- I think it speaks volumes that when Agent Orange, but Senator DASCHLE, you look at the States that have same- who is a Vietnam-era veteran, knows canes in a row have battered our State day registration, the turnout is much about Agent Orange, and he has worked over the course of a 6-week period: first bigger. We have one State where there tirelessly to get things done in that re- Charley, then Frances, and now Ivan. is no registration, and the vote there, gard. As I flew in a National Guard heli- of course, is even higher. In those in- I have worked with him on concur- copter last Friday with the Governor stances where you have same-day reg- rent receipts. He has been a big advo- over the Barrier Islands, I saw there istration and you have no registration, cate of concurrent receipts. He is a per- were no sand dunes anymore in the with all the modern computerization, son who has almost single-handedly Barrier Islands of Pensacola Beach. all the ways of checking, there has not taken care of TRICARE, to make sure The sugary white sand of the beaches been a single case of fraud reported, to that National Guardsmen and reserv- and those sand dunes had been washed my knowledge. So I think what we ists are treated more fairly with med- across the entire Barrier Island from should try to do is make it easier for ical care. the Gulf of Mexico to Pensacola Bay. people to vote, not harder. I heard my To think that in any way this good And from the air, it appeared as if the friend, if I understood his statement, man has somehow emboldened the entire Barrier Island was washed in say that there are some people out reg- enemy—and that is in the way of a white. There were structures standing, istering lots and lots of people. Well, fundraising letter—is not very good. I but the structures were usually the good. Good. We need more people like know the man running against Senator newer ones built according to the new that. DASCHLE. I like him. I am just terribly building codes. And as we are hearing I am very disappointed in the State disappointed that he would allow peo- in the reports out of Alabama, those of Nevada. I have tried for years to get ple to use him the way they have. That structures were even uprooted on their the system changed. But, in Nevada, Senator DASCHLE has emboldened the foundations and have to be destroyed. we cut off registration a month before enemy is unfair. It is outrageous. And If it was an old structure, that old the primary election, and then we cut I think that Congressman John Thune structure is history. it off a month before the general elec- should apologize to the people of South For not only the howling winds of 138 tion. Just when people are interested Dakota for suggesting that TOM miles an hour, but the tidal surge of in voting, we cut them off. And the DASCHLE has emboldened the enemy. I the water that came with the hurri- county clerk says: Oh, it’s so hard for assume he is referring to these name- cane winds—water that then washed up us to get all the records in order. That less, faceless, evil people who are com- into the very large Pensacola Bay, is silliness. With all the modern tech- mitting this war on terror, who are even taking out major sections of the nology we have, it is easy. executing this war on terror. Interstate 10 bridge—we did some quick The reason it is hard is people like to Senator DASCHLE has somehow mathematical calculations and figured know who they have who voted for emboldened the enemy, these name- that a wall of water at least 40 feet

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9420 CONGRESSIONAL RECORD — SENATE September 21, 2004 high would have had to hit that bridge, cultural losses, particularly from cot- The PRESIDING OFFICER (Mr. positioned some 12 miles from the gulf ton and peanuts. I dare say that will be CRAPO). Without objection, it is so or- up Pensacola Bay. It would take 40 feet shared with the State of Alabama, per- dered. of water to have enough pressure to haps with Georgia, as Ivan raced across The clerk will call the roll. raise the sections of Interstate 10’s the southern United States after it had The bill clerk proceeded to call the bridge off of the pilings and deposit made landfall at the Florida-Alabama roll. them in the bottom of Pensacola Bay. border. Mr. MCCAIN. Mr. President, I ask And in many other sections of the It is interesting that in our State, unanimous consent that the order for bridge, the same effort moved it 3 and having been put in hurricane mode for the quorum call be rescinded. 4 feet on top of the pilings. 6 weeks, people began to recover from The PRESIDING OFFICER. Without Even at the end of Pensacola Bay, one blow and then here comes another objection, it is so ordered. some 20 to 25 miles from the Gulf of blow. In fact, the people in the center Mr. MCCAIN. Mr. President, I ask Mexico, the wave of water was so fast part of the State on the first two unanimous consent to address the Sen- and so furious that as to the four-lane storms were hit twice where the two ate for not more than 10 minutes as in highway, US 90, that rings the shore of storms passed and happened to cross— morning business. Pensacola Bay on that far northern Charley from southwest to northeast, The PRESIDING OFFICER. Without end, two lanes of those four lanes were Frances from southeast to northwest. objection, it is so ordered. The Senator washed out at the bridgeheads and And they crossed their paths in the from Arizona is recognized. thus, is complicating the rescue ef- center of the State. f forts, the rebuilding efforts because of Then along comes Ivan. At one point THE SITUATION IN RUSSIA: BACK traffic not being able to get to Pensa- we even thought the State of Florida IN THE USSR cola, with only two-way traffic open on might be spared. It looked as if it was Mr. MCCAIN. Mr. President, I have one of those lanes that had been going to be bearing down on, Lord for- spoken often about Vladimir Putin’s spared. bid, New Orleans, which is lower than ‘‘creeping coup’’ against the forces of We are finding out once again, be- sea level, or Mississippi where so many democracy and market capitalism in cause we keep coming with emergency of the establishments there, including Russia. It is with regret that I note appropriations for Federal disaster re- the gaming industry, are on floating today that the coup is no longer creep- lief, that hurricanes can be quite cost- boats. You can imagine the wreckage ing—it is running full steam ahead. ly, as we have known over the years. It that would have caused. was my freshman year in the Congress President Putin is crassly using the But it shifted to the east, bearing horrific Beslan attack to consolidate in 1979 that I voted for my first disaster down on the Florida-Alabama line, relief, which was in response to the autocratic rule. The people of Russia, with the winds coming off in a counter- no safer because of the Kremlin’s power eruption of Mount St. Helens in the clockwise rotation off of the Gulf of State of Washington covering so much grab, will ultimately pay the price. Mexico, in its most fierce fury, on to Their freedom and the future of Russia of that State with soot and ash. But the shores of that southern Alabama that is in part what a Federal Govern- as a democratic state are at stake. coastline and northwestern Florida The terrorist attack on a school in ment is for—to respond in times of coastline. emergency and disaster. Beslan illustrated once again the ugly So, too, we have seen the President That is a part of our State that has face of extremism that will stop at request $2 billion for the first hurri- a great deal of the national assets of nothing—not even the deliberate kill- cane and disaster relief—that won’t our U.S. military. Ninety percent of ing of schoolchildren—in pursuit of its take care of all of the relief for Char- the buildings at the Pensacola Naval political aims. Like millions of others ley—and another $3.1 billion was re- Air Station had severe damage. At around the world, this terrible event quested for Charley and Frances. That Whiting Field, where Navy pilots and moved my heart, and I offer my sym- certainly won’t take care of those two Marine pilots and Coast Guard pilots pathy to the families who have suffered storms because there is another billion and Air Force pilots, both fixed wing so grievously throughout the ordeal. dollars of agricultural relief that is and helicopter, are trained, all of the As with all deaths in terrorist attacks, going to be needed that the President hangars sustained major roof damage nothing anyone does can bring back did not request. But we haven’t even with the roofs being ripped off of those the lost. It is the duty of political lead- gotten to the third hurricane, Hurri- large structures. So, as we have re- ers to remember the fallen by taking cane Ivan. As we speak, those calcula- sponded after the other two hurricanes steps to ensure that such attacks do tions are being made. This Congress is with special appropriations to fix up not again occur. going to have to respond. those military facilities so they can And yet Mr. Putin chose the imme- Last week I had a colloquy with the get back in the business of training our diate aftermath of this attack not to chairman of the Appropriations Com- young men and women so they can de- address the root causes of Chechen ter- mittee, the distinguished Senator from fend this country, so, too, we are now rorism, nor to take meaningful steps Alaska. He assured me and gave me his going to have to address those par- that would enhance the safety and se- commitment that he would proceed on ticular needs even as far east on that curity of the Russian people. Instead, the agricultural relief with regard to Florida panhandle as Eglin Air Force he used the attack as an excuse—an ex- Hurricane Frances and Hurricane Char- Base which had its major tower com- cuse to consolidate power and further ley in the conference on the Homeland pletely taken out of commission. remove the Russian people from de- Security Appropriations bill. Huge The Senate will hear me, over and mocracy. parts of the $65 billion-a-year agricul- over, advocating and trying to articu- President Putin has announced that, tural industry in Florida have been de- late the needs for a State that is in cri- because Russia faces terrorist threats, stroyed—citrus, both orange and grape- sis, a State that has been hit not once significant changes within the govern- fruit; the nursery industry, including but three times by the hard and savage ment are required. In the broadest the fern industry, of which Florida is blows of Mother Nature. sense, he is right. In the midst of the one of the major growers of ferns; vege- Floridians are a hardy lot. Floridians Beslan hostage standoff, government tables; fruits; cattle; dairy cows that have endured hurricanes before. Florid- officials repeatedly lied about what dried up because they could not be ians will do it this time. In the mean- was happening inside the school. The milked since there was no electricity time, let’s have the Government do one military was unable to rescue people to operate the automatic milking ma- of the things that it does best—respond and could not coordinate a response. chines. You can go on down the list of to the needs of its people when the Furthermore, recent accounts indicate all the agricultural commodities that needs of the people are so desperate. that during the near-simultaneous were hit as well as the equipment those I suggest the absence of a quorum bombing of two Russian passenger air- farmers owned. and ask unanimous consent that time craft, the suicide bombers bribed their But now with Ivan in the panhandle, charged under the quorum call be di- way through checkpoints and onto the we are going to have additional agri- vided equally. planes. These problems stem from the

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9421 Kremlin’s lack of transparency, the ple of Russia safer, it will merely cur- More than 700 Iraqi police have per- government’s lack of accountability, tail their freedoms. But terrorism in ished in the short time since the force and from widespread corruption and in- Russia does not result from too much has existed. The numbers of civilians eptitude. And so a reasonable observer freedom. If anything, it stems in part killed in President Bush’s preemptive might guess that the Kremlin seeks from the Kremlin’s reluctance to ad- war is unknown. They may never be governmental change that addresses dress the legitimate aspirations of the known. But it numbers in the thou- these problems. But a reasonable ob- Chechen people for autonomy or inde- sands—the widows and the orphans who server would be wrong. pendence. Moving in the opposite direc- have been left alone, the tears that Instead, Mr. Putin has proposed tion, increasing central control and de- have been shed. changes that would concentrate his creasing the say of citizens in how Who is responsible for this bloodshed personal power and nearly extinguish their nation is governed, will do noth- in Iraq? Is it a small group of religious the embers of democracy in his coun- ing but aggravate the problems for radicals, or the secret agents of Osama try. His allies have told journalists which Mr. Putin proposes solutions. bin Laden, or terrorists who might oth- that the president planned for months Sadly, many Russians have re- erwise sneak out onto the streets of to centralize political authority, and sponded to the Kremlin’s new proposals New York City? No, no, and no. An ever merely took advantage of the Beslan not with outrage but with fearful plau- growing pile of press reports indicates seizure to unveil the decision. And, as dits. Regional leaders—many of whom that the insurgency is larger and more the Washington Post has pointed out, may lose their jobs when they are re- broad than the White House will admit. he has not removed security officials place by Kremlin appointees—have On Wednesday, September 15, the who have failed to prevent repeated nevertheless praised Mr. Putin’s power Wall Street Journal reported that terrorist strikes over several years. grab. The Tass news agency ran a head- ‘‘Iraq’s once highly fragmented insur- The total effect of President Putin’s line last week entitled ‘‘Regional lead- gent groups are increasingly cooper- new proposals would be to move Russia ers hail Putin’s latest moves as a pan- ating to attack U.S. and Iraqi govern- a long way down the road to autocratic acea for all Russia’s ills.’’ This kind of ment targets, and steadily gaining con- rule. He would eliminate the popular response is eerily familiar, a reminder trol of more areas of the country.’’ election of Russia’s 89 regional gov- of the ridiculous propaganda fed to the That was the Wall Street Journal of ernors, and instead appoint them him- Russian people and the world by the Wednesday, September 15. self. He would eliminate independent Soviet police state. I though that the Meanwhile, the Commander in Chief, members of parliament, so that Rus- Russian people have moved beyond this President Bush, seems to be in the sians could vote only for political par- sordid past, throwing off the shackles dark about the worsening situation in ties rather than specific candidates, of oppression and ushering in a new Iraq. Faced with the spread of violence Political parties—such as like the pow- day of freedom. I will bet that the peo- in Iraq, the President continues to erful one headed by Mr. Putin—would ple of Russia though the same. But ob- speak of Iraq as a country of free peo- determine the slates. In last Decem- viously Mr. Putin and the Kremlin ple. But what liberty, what liberty, is ber’s elections, district races ac- have other ideas. there to be enjoyed when the police are counted for every independent and lib- As the world’s beacon of freedom and being killed by the scores, the chances eral now serving in the Duma. Under democracy, the United States must of a peaceful election have been thrown Mr. Putin’s plan, these races would be make clear our fierce opposition to the out the window, and many Iraqis are abolished. I speak of all of these ideas path that Russia’s leadership is cur- too afraid to send their children to as ‘‘proposals’’ because the electoral rently on. As much as we value Rus- school? changes require parliamentary ap- sia’s cooperation in other areas of our One must begin to question whether proval. But that should not be dif- bilateral relationship, they will have the President is getting the bad news ficult—Mr. Putin’s party controls more little meaning if Moscow reverts to it about what is happening on the streets than two-thirds of the seats. old ways. Mr. Putin, the world is of Baghdad and Fallujah or if he is sim- As shocking as these recent moves watching your next move. ply ignoring it. Surely the Commander are, they are simply the latest and Mr. President, I suggest the absence in Chief has a responsibility, has the most egregious in a long string of anti- of a quorum. obligation, to change his strategy when democratic actions. In his time in The PRESIDING OFFICER. The it has been proven a failure. Instead, power, Mr. Putin has tried to eliminate clerk will call the roll. the White House blindly insists that independent media by imposing restric- The legislative clerk proceeded to the problems of Iraq will sort them- tive laws. These have led to the take- call the roll. selves out if we simply maintain a re- over or arbitrary closing of all inde- Mr. BYRD. Mr. President, I ask unan- solve to stay the course. Did the Amer- pendent national television channels. imous consent that the order for the ican people really want to stay the The international media watchdog quorum call be dispensed with. course that has resulted in the deaths group Reporters Without Borders The PRESIDING OFFICER. Without and the injuries of thousands of our ranked 166 countries in its annual objection, it is so ordered. troops? World Press Freedom report. Russia f Now the President wants to spend an- came in 148th. Last year, five reporters other $3.4 billion in reconstruction NO PLAN FOR IRAQ were killed under suspicious cir- funds to again try to bolster the same cumstances, and many reporters were Mr. BYRD. Mr. President, earlier Iraqi security forces that have been harassed, imprisoned, or physically today at the United Nations the Presi- outgunned and inadequately trained to beaten. dent of the United States painted a take on the insurgents in Iraq. This is But the media is not the only sector pretty picture of the occupation of even more evidence, is it not, even to fear the wrath of an increasingly au- Iraq. But the President’s picture was more evidence that the administration thoritarian Kremlin. Mr. Putin has as- far from reality. The reality is the sit- had no plan, that the administration serted control over Russia’s energy in- uation facing our soldiers, the very has no plan for postwar Iraq, other dustry and used government power—in- limited Iraqi security forces, and, im- than to throw more money at the prob- cluding imprisonment—against execu- portantly, the Iraqi people. lem and hope for the best. tives who oppose him. The world has The reality is that today Iraq is in As the cost of the war continues to watched with concern over his single- flames. A horrifying wave of violence spin out of control, we must remember handed attempt to put Russia’s largest has struck yet again, targeting the that last fall the Bush administration privately held oil company out of busi- Iraqi police, Government leaders, inno- promised that its request for the big- ness. And, having lost their rights to cent civilians, and our very own troops. gest foreign aid package in half a cen- free speech and press and to engage The death toll in Iraq continues to tury would bring security and stability freely in an open market, the people of mount. As of today, more than 1,030 to Iraq. The White House got enough Russia are now on their way to losing American troops have died in this war, Members of Congress to vote for $18.4 the right to vote. a war that should not have been billion to buy that pig in a poke, and The Kremlin’s imposition of old-style fought, a war which was wrong in the the President got unprecedented flexi- central control will not make the peo- beginning, wrong today. bility to spend that reconstruction

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9422 CONGRESSIONAL RECORD — SENATE September 21, 2004 money almost as he sees fit. Has that dared to question the fiscal responsi- tive people of this land. This magnificent reconstruction money helped to get our bility of more massive tax cuts. If this structure is that monument and in it we will troops out of harm’s way? Has it helped President cannot hold his advisers ac- tell our story. Indeed it is a monument to the Mimbres, to bring our men and our women home? countable for their mistakes, then the the Anasazi, the Toltecs and Hopewell, the No. In fact, our troops are under a people should hold this President ac- Chacoans, the Mayans and hundreds of other greater number of daily attacks now countable for his poor judgment. cultures now long gone, who lived in commu- than they were when the President The situation in Iraq has been ele- nities called Tikal, Tenochtitlan, Cahokia asked for his massive foreign aid pro- vated beyond a crisis. The White House and a multitude of other enlightened com- gram. plan for holding Iraqi elections in Jan- munities while European cities were in their As the President wants to spend uary 2005 is shaky and becoming more infancy. more and more money in Iraq, our so with each new attack on our troops. They were communities inhabited by farm- ers and doctors, teachers and craftsmen, troops are getting sucked ever deeper Instead of demonstrating the leader- housewives and soldiers, priests and astrono- into the bloody quicksand of the Mid- ship to bring more countries in to as- mers, who with all their collective wisdom dle East. Most astonishing yet, the sist in rebuilding Iraq, the President could not have known that earth mother White House has not held anyone in pays lipservice to international help. would someday be called real estate. They the administration accountable for the The President has only proposed to knew not alcohol or drug abuse, Tuberculosis mess that has become Iraq. It is busi- sink more taxpayer money into the or Cholera, Smallpox or Aids or even the ness as usual in the White House bub- same failed policies that brought us to common cold. How much we can learn from ble. them. this point. We are falling deeper and It is a monument to the millions of Native The Pentagon botched plans for post- deeper and deeper and deeper into debt. people who died of sickness, slavery, starva- war Iraq as if there ever were any, and The President has failed to act to tion and war until they were reduced from the shame of Abu Ghraib has further counter the surge in violence that is an estimated 50 million people in North and turned world opinion against the costing the lives of our men and women Central America to just over 200,000 souls in United States. But instead of holding in uniform. the United States by 1900. Only 400 years someone at the Department of Defense How long can this bumbling by the after the old world collided with their world, accountable for those mistakes, the White House go on? How long must our the Native people of this land became Amer- Vice President said that we have the ica’s first endangered species. troops be tied down in Iraq? How long In spite of this sad truth, this beautiful ‘‘best Secretary of Defense the United will we struggle without a plan to end structure is also a monument to the 190 States has ever had.’’ the spreading violence? How long will thousand American Indian Veterans who The CIA failed to detect Osama bin it take for our country to turn away served with honor and courage in our armed Laden’s plot to attack New York City from this dead-end policy created by forces, defending a nation that was founded and Washington, DC, and then it pro- the dead-brained thinking in this on religious freedom, yet practicing their duced faulty intelligence that the White House? own was often against the law. They faith- White House used to take our Nation How long, Mr. President? How long? fully carried out the orders of the Com- mander in Chief, even though before 1924, to war against Iraq. I yield the floor and suggest the ab- The White House misled the Amer- they could not legally vote for him because sence of a quorum. they were not considered citizens. ican people. It is a war we should never The PRESIDING OFFICER. The It is a monument to our elders, who as have fought. It was wrong from the be- clerk will call the roll. children, were taken from their loved ones ginning; it is wrong today. The legislative clerk proceeded to and placed in boarding schools that often Instead of holding someone at the call the roll. had the adage: ‘‘kill the Indian to save the CIA accountable for those mistakes, Mr. CAMPBELL. Mr. President, I ask child.’’ All too often they were beaten for speaking the President praised the former CIA unanimous consent that the order for Director as ‘‘a strong leader on the war their Native language or praying to their the quorum call be dispensed with. Creator. All too many chose suicide as their on terrorism.’’ The PRESIDING OFFICER. Without only alternative, but those who endured The U.S.-run occupation government objection, it is so ordered. though shorn of their hair and stripped of in Iraq mistakenly disbanded the Iraqi f their dignity were never shorn of their spir- Army, bungled the management of itualism or stripped of their pride. They are $18.4 billion in reconstruction funds, NATIONAL MUSEUM OF THE our mothers and fathers. and turned a blind eye to the rising AMERICAN INDIAN It is a monument to a people who were flames of anti-Americanism in Iraq. here before the birth of a boy king in Egypt Mr. CAMPBELL. Mr. President, be- called Tutankhamen and before the Greek Instead of demanding accountability fore I present the Legislative Branch for mistakes made by the Coalition poet Homer wrote the Iliad and before Caesar appropriations bill, let me take a mo- watched Roman chariots race in the Circus Provisional Authority, rumors abound ment of personal privilege to thank my Maximus and before Christ walked the hills that its former head, Ambassador Paul colleagues for allowing me last night’s near the Sea of Galilee. Bremer, could be up for a promotion to unanimous consent agreement to ap- It is a monument to their gifts to human- Secretary of State. pear on the floor of the Senate in tradi- ity. Native Americans are much more than a How about that? He didn’t have time, tional clothing of a Cheyenne chief. sum of gifts. They are more than squash and tomatoes, corn and beans and potatoes, he said, to come back before the Appro- This is a very special day in the lives priations Committee of the Senate—I pumpkins and peanuts, and all the medicines of all Native Americans, and a very derived from plants that began as Indian lore was there and asked him. No. He said special day in my life, too. I would and are now used to save lives around the he didn’t have time. I will not have hope my fellow Senators would have world. time when the time comes to vote for time to visit our Nation’s newest Their supreme gift to the world, in my him as Secretary of State if such nomi- Smithsonian jewel—the National Mu- view, even surpasses the treasures you will nation is ever presented to this body. seum of the American Indian. see in this beautiful building. It was a unique For all the mistakes that have been system of self-governance never before tried I have just come from speaking at in the monarchies of Europe or Asia. It is made in President Bush’s unprovoked the opening and ask unanimous con- war on Iraq under the doctrine of pre- called Democracy. It was a system copied sent that my remarks at that opening from the Council Fires of the Iroquois Con- emption, which is unconstitutional on be printed in the RECORD. federacy by Benjamin Franklin and penned its face, and therefore it is fundamen- There being no objection, the mate- for a new fledgling United States of America. tally flawed, not a single administra- rial was ordered to be printed in the It is still used by this Nation and is copied, tion official has been held accountable RECORD, as follows: in part, by almost every emerging Democ- for the mess that Iraq has become. Not racy in the world. NATIONAL MUSEUM OF THE AMERICAN INDIAN This system was best described by Presi- a single administration official has SENATOR BEN NIGHTHORSE CAMPBELL SEP- been called to step aside for the mis- dent Abraham Lincoln as a government of TEMBER 21, 2004 the people, by the people and for the people. takes they have made. In fact, the only Senator Dan Inouye, my friend and col- And last, we open this monument to all the senior administration official the league, to whom we owe so much, often says dreamers who helped make today come true. White House has seen fit to fire is the that Washington is a city of monuments and As I leave public office in a few short former Secretary of the Treasury, who yet, there is not one monument to the Na- months, I am reminded of a stanza from the

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9423 Navaho chant of The Beauty Way. The Nav- drawers and the names of all the Sen- ADMINISTRATIVE PROVISION aho people sing: ators who have historically been sworn SEC. 1501. EXPANSION OF OPEN WORLD LEADER- In the House of Long Life, in before them, they will see the names SHIP COUNTRIES. There I wander, of Senator ROBERT BYRD, Senator TED Section 313(j) of the Legislative Branch Ap- In the House of Happiness, STEVENS, Senator DAN INOUYE, Senator There I Wander, propriations Act, 2001 (2 U.S.C. 1151(j)) is TED KENNEDY, and Senator DOMENICI of Beauty is before me and behind me, amended— Beauty is above me and below me, New Mexico, and they will already (1) in paragraph (1), by striking ‘‘and’’ Beauty is all around me, know when they read those names they after the semicolon; With it I wander, are reading the names of Members who (2) in paragraph (2), by striking the period In old age traveling, have served in this body for most of and inserting ‘‘; and’’; and With it I wander, their adult lives and both molded the (3) by adding at the end the following: ‘‘(3) any other country that is designated On the beautiful trail Am I, history of this Nation and set a stand- With it I wander by the Board, except that the Board shall no- ard of commitment to excellence for tify the Committees on Appropriations of Thanks to the efforts of all those assem- all to follow. the Senate and the House of Representatives bled today and so many more, we celebrate Mr. President, I would be remiss if I of the designation at least 90 days before the the opening of this house of happiness, this did not thank the unsung heroes of this designation is to take effect.’’. house of long life and walk the trail of beau- ty. body, and those are the hard-working AMENDMENT NO. 3667 To all our Native American friends here staff people without whose dedication (Purpose: To provide funding for, and extend today I say: the sacred hoop has been re- many of us simply would not get much the termination date of, the Commission stored. The circle is complete. And the Hopi done. I salute them because they are on the Abraham Lincoln Study Abroad prophecy of the reemergence of the Native not only our employees, but they are Fellowship Program, and for other pur- People has come true. our partners in finding solutions in a poses) It is now my great honor to introduce the world that becomes more complicated man who, in my view, is singularly the most with each passing decade. On page 26, line 18, strike ‘‘$74,558,000’’ and responsible for this magnificent structure. insert ‘‘$74,063,000’’. He is my friend, my colleague, and my f On page 48, between lines 10 and 11, insert mentor. the following: Among Native Americans—whether they be from Hawaii, the lower 48 or Alaska he is LEGISLATIVE BRANCH SEC. 211. COMMISSION ON THE ABRAHAM LIN- COLN STUDY ABROAD FELLOWSHIP without peer. APPROPRIATIONS ACT, 2005 His quiet demeanour and gentle way, his PROGRAM. leadership and perseverance, his record as a Mr. CAMPBELL. Mr. President, hav- (a) APPROPRIATION.—There are appro- military hero, and his years of service as a ing bid my colleagues farewell and priated, out of any money in the Treasury United States Senator are well known to all. good fortune, I now will turn to the ap- not otherwise appropriated, for the fiscal Among our Native People he is known as a propriations bill. I ask unanimous con- year ending September 30, 2005, $495,000, for warrior chief among warriors. sent that the Senate now proceed to the Commission on the Abraham Lincoln Please help me welcome this great Amer- the consideration of S. 2666, the Legis- Study Abroad Fellowship Program estab- ican—Senator Dan Inouye of Hawaii. lished under section 104 of division H of the lative Branch appropriations bill, as f Consolidated Appropriations Act, 2004 (Pub- under the previous order. lic Law 108–199; 118 Stat. 435). FAREWELL TO MY SENATE The PRESIDING OFFICER. Without (b) EXTENSION OF REPORT AND TERMINATION COLLEAGUES objection, it is so ordered. DATES.—Section 104 of division H of the Con- Mr. CAMPBELL. In addition, Mr. The clerk will report the bill by title. solidated Appropriations Act, 2004 (Public President, since I am retiring at the The legislative clerk read as follows: Law 108–199; 118 Stat. 435) is amended— end of this term, after 22 years in pub- A bill (S. 2666) making appropriations for (1) in subsection (f), by striking ‘‘December lic office, let me say in all honesty the legislative branch for the fiscal year end- 1, 2004’’ and inserting ‘‘December 1, 2005’’; that, regardless of party, I have never ing September 30, 2005, and for other pur- and poses. (2) in subsection (g), by striking ‘‘Decem- in my life met a more dedicated, caring ber 31, 2004’’ and inserting ‘‘December 31, AMENDMENT NOS. 3664, 3665, 3666, AND 3667 group of men and women, who are not 2005’’. only my colleagues but also my The PRESIDING OFFICER. Under friends. We may have our disagree- the previous order, the four managers’ The PRESIDING OFFICER. There ments, but in each our own way, we amendments at the desk are agreed to, will now be 1 hour of debate equally di- know in our hearts that we are trying and no other amendments are in order. vided. our best to do the right thing for our The amendments were agreed to, as The Senator from Colorado. Nation. And I think we probably all follows: Mr. CAMPBELL. Mr. President, I am agree that the more we adhere to the AMENDMENT NO. 3664 pleased to present to the Senate the teachings of the Good Book, as we have (Purpose: To modify the approval require- fiscal year 2005 Legislative Branch ap- been admonished many times, the less ment relating to the promulgation of cer- propriations bill. I am grateful for the we would need a law book. tain regulations by the Capitol Police support of my chairman, Senator STE- Board) The people of Colorado have honored VENS, and the ranking member of the me for allowing me to represent them On page 21, strike lines 13 and 14 and insert full committee, Senator BYRD. Thanks, in our Nation’s Capital—not long by ‘‘approval of the Committee on Rules and also, to the ranking member of this Administration of the Senate and the Com- some standards, of course. But I have subcommittee, Senator DICK DURBIN, to tell you, on each sunlit morning as mittee on House Administration of the House of Representatives.’’. who has been very supportive of the I drive to work, or each moonlit night, AMENDMENT NO. 3665 process in crafting the bill and has particularly in the wintertime after a been a longtime friend since our House (Purpose: To provide that certain claims of fresh snow, and I view the dome of this days together in the other body. great building as the first or last thing Senators and Senate officers and employ- ees are received and approved by the Com- Their support of this bill has helped I do in my workday, I am just thrilled mittee on Rules and Administration) us put together legislation that I am that I was here for a while and it was On page 22, lines 23 and 24, strike ‘‘With re- very proud of, that provides adequate a part of my life. spect to claims within the jurisdiction of the funding for the Senate and its critical And now I have to tell you how much Senate’’ and insert ‘‘With respect to any support agencies, such as the Capitol I admire and respect my colleagues. claim of a Senator or an employee whose pay Police and the Library of Congress. Their friendship and guidance is more is disbursed by the Secretary of the Senate’’. This is my last year as chairman of than I can ever repay. Each is very spe- AMENDMENT NO. 3666 the subcommittee, and I am pleased cial to me, and I certainly will not for- (Purpose: To provide for the expansion of get them. Surely, when newly elected participating eligible foreign states under this bill is moving forward. freshmen are sworn in 100 years from the Open World Leadership program) Mr. President, this bill totals $2.46 now, and they come on this floor and On page 42, between lines 14 and 15, insert billion in budget authority, just $8 mil- open the desks and read the bottoms of the following: lion—less than one-half of 1 percent—

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9424 CONGRESSIONAL RECORD — SENATE September 21, 2004 over the current year budget. Together $120.7 million, $30 million below the re- with us from time to time. He will cer- with the House items that are included quest. The reduction is attributable tainly be a welcome guest when he in the House-passed legislative branch primarily to eliminating the $25 mil- does. bill, H.R. 4755, the bill will meet its al- lion request for GPO’s ‘‘transformation The fiscal year 2005 Legislative location of $3.575 billion in budget au- efforts.’’ While we support GPO’s ef- Branch appropriations bill which we thority. forts to restructure itself into a 21st are considering today is comprehen- Reductions totaling $332 million have century government information of- sive, thorough, and fair, especially in been made to legislative branch agen- fice, GPO has yet to submit a com- light of the tight funding constraints cies in order to meet the allocation. prehensive plan for these funds. we are operating under. Our allocation While this is a very tight allocation, The recommendation for the Govern- does not allow us to begin a variety of all legislative branch agencies would ment Accountability Office totals $470 construction projects throughout the be able to maintain current or near million, $12 million above the current complex, but all safety-related projects current staffing levels and cost-of-liv- level but $10.5 million below the re- are fully funded, as they should be. ing adjustments, and uncontrollable quested level. I thank Chairman CAMPBELL for in- price-level increases would be accom- Finally, the Open World Leadership cluding me as a partner in each step of modated. Program would be funded at the cur- the process. The highlights of the bill The major change from last year’s rent level of $13.5 million. have already been alluded to by the bill is the reduction in funding for Before I yield the floor to my col- chairman. There is no point in revis- iting them. I thank him especially for some major construction projects, such league from Illinois, Senator DURBIN, as the Capitol Visitor Center and the who I have enjoyed the company of for two or three. One particular project, Capitol Powerplant. so many years in both the House and the Library of Congress Adventures of For the Senate, funding would total the Senate, let me tell you in his pres- the American Mind, means a great deal to my State of Illinois and many other $725 million, $12.6 million over the cur- ence, he has been an absolute delight States and to many teachers. What we rent budget, which is about 2 percent. to work with. I look forward to coming are doing is opening up the vast re- Reductions to the request level have back as a private citizen many years in sources of the Library of Congress to been made to reflect more accurate es- the future to renew our friendship. be used as teaching tools across Amer- timates of spending, as well as funding I yield the floor. certain fiscal year 2005 request items The PRESIDING OFFICER. The Sen- ica in classrooms far and wide, in small through reprogramming of fiscal year ator from Illinois. towns as well as big cities. Without ex- 2004 reprogrammings. Mr. DURBIN. Mr. President, I begin ception, every teacher I have spoken to Funding for the Capitol Police would is literally amazed at what is there in by not only thanking Senator CAMP- total $227 million, $7 million above the terms of primary documents easily ac- BELL for his leadership on the Appro- current budget. In addition to these priations Subcommittee on the Legis- cessible to teach children about the funds, the committee directed a re- lative Branch over the last 2 years but greatness of this country and to edu- cate them to be better informed and programming of prior year funds for a by congratulating him on today’s more competitive in the 21st century. total of $240 million for the Capitol Po- events commemorating the opening of Before I wrap up today, I thank lice in fiscal year 2005. This budget the National Museum of the American would enable the Capitol Police to Carrie Apostolou of the majority staff Indian. This is an opening that was maintain the current level of sworn as well as Terry Sauvain, Drew long overdue. I know he has played a staffing and hire 50 additional civilian Willison, and Nancy Olkewicz of the personal role, with Senator INOUYE and staff for critical administrative func- minority staff, and Pat Souders from many others, in the realization of this tions. my personal staff for all their hard The additional use of Capitol Police dream. work on this bill. It is my understanding—and he has overtime since August has been a sig- I yield the floor. probably made reference to it—that nificant drain on their resources and OPEN WORLD LEADERSHIP CENTER may require us to find additional funds there is the largest gathering of Native Mr. STEVENS. Mr. President, the for the Capitol Police when we meet Americans and Indians in the history Open World Program has grown from a with the House with conference. of Washington, DC, taking place on the pilot program in 1999 to a robust pro- For the Architect of the Capitol, $308 Mall at this moment. Many of them gram, not only in Russia but in coun- million is recommended, a reduction of were on the planes as we came to tries in both the former Soviet Union $32 million below the current budget Washington. You could tell they were and the Baltics. I am grateful to Dr. and $171 million below the request. The brimming with pride over the recogni- James Billington’s continued leader- recommendation reflects the need to tion they have received, a recognition ship of Open World, as well as to my eliminate lower-priority projects or which is long overdue. Senate colleagues who serve with me items which can be deferred. It also en- Senator CAMPBELL has been a great on the board of the center and who ables the Architect to focus efforts on leader in so many respects for his State take the time to meet with Open World the completion of the Capitol Visitor of Colorado and for the Nation. But he delegations in the United States. Center. has really played an important role in Open World has brought over 8,000 The bill does accommodate the $39 the conversation and dialog of the Sen- participants to 1,254 communities in all million Library of Congress’ storage ate. He has been a steady and reliable 50 States. I am pleased that my home module project at Ft. Meade, which is voice speaking for Native Americans. State of Alaska has welcomed many desperately needed to meet burgeoning He comes today to the floor of the Sen- delegations and strengthened ties be- storage needs and is a top priority for ate in tribal dress; I am sure proud of tween Alaskans and Russian in the Far the Librarian. his heritage. When I got up this morn- East. I want to note that the GAO re- For the Capitol Visitor Center, $7.6 ing, I thought I would pick a tie that viewed Open World from top to bottom million is included for start-up/transi- might be noticed. My guess is, in com- this year and noted both the broad par- tion to operations costs. parison to the chairman of the sub- ticipation it has achieved in Russia. Moving to the Library of Congress, committee, they won’t even know I The GAO team traveled to Russia and the bill includes a total of $544 million, was here today. interviewed a number of participants $21 million above the current level and I will say this: We are proud that he to determine its impact. GAO reported $17 million below the request. Current has made such a great contribution. I that ‘‘Most delegates viewed their pro- staffing levels are provided for, as well know this museum means so much to gram experience very favorably and as increases for the Veterans History him personally. . . . have taken concrete steps to adapt Project, the Culpeper Audio-Visual He is going to be greatly missed as he what they learned from their U.S. vis- Conservation Center, which will begin enters his retirement. I wish him the its to the Russian environment.’’ to come on line in 2005, and security best of luck. I only hope he will take Last year we asked Open World to ex- equipment and IT system maintenance. an occasional break from visiting with pand its operations to new counties, in- For the Government Printing Office, his grandchildren and ride his Harley cluding strategic allies for the U.S. de- the subcommittee recommendation is Davidson back to Washington to visit fense interests, such as Uzbekistan. I

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9425 would like to ask my colleagues, Sen- In addition to the groundbreaking matches the 302(b) allocations adopted ator CAMPBELL and Senator DURBIN, if work that you have described in by the Senate Appropriations Com- they would like to comment on Open Belarus and the Baltics, I would like to mittee, and is $50 million more than World’s expansion. point out that the Russian Federation fiscal year 2004-enacted levels exclud- Mr. CAMPBELL. As co-chairman of has many areas with predominantly ing fiscal year 2004 supplemental appro- the Helsinki Commission, I have had a Muslim populations—Chechnya, Tatar- priations. long-standing interest in the progress stan, Baskortostan, Ingushetia—areas I commend the distinguished chair- of the countries of the former Soviet where Stalin deported more than a mil- man of the Appropriations Committee Union toward democracy and rule of lion people from the North Caucasus to for bringing this legislation before the law. Open World’s staff worked very Siberia and Central Asia. I suggested Senate, and I ask unanimous consent closely with the Helsinki Commission to my fellow board members on Open that a table displaying the Budget staff to bring Belarusian leaders from World that we focus, in particular, on Committee scoring of the bill be print- the parliament and judiciary to the these regions for 2004. We also launched ed in the RECORD. United States last February. It would a pilot in Uzbekistan at the same time. There being no objection, the mate- be helpful for the Open World staff to In a matter of months, Open World had rial was ordered to be printed in the continue to work closely with the Hel- found U.S. hosts and selected young RECORD, as follows: sinki Commission staff given their leaders from these key regions; 500 unique expertise in the countries of the leaders traveled from the Russian Mus- S. 2666, 2005 LEGISLATIVE BRANCH APPROPRIATIONS— former Soviet Union. The delegates had lim republics and 100 from Uzbekistan. SPENDING COMPARISONS—SENATE-REPORTED BILL very useful programs both in Wash- The strength of Open world and its fu- [Fiscal Year 2005, $ millions] ington, DC and in Florida, meeting ture lies with its ability to take a sim- with our congressional colleagues, General Manda- Total State Department officials, Federal ple, cost-effective model rooted in our purpose tory American communities, values, and judges and prosecutors. As a group the Senate-reported bill: delegation left with a new-found focus hospitality and adapt to new countries Budget authority ...... 3,575 113 3,688 of the greatest strategic interest to the Outlays ...... 3,696 112 3,808 on building relations with the United Senate Committee allocation: States and a genuine understanding of United States. Budget authority ...... 3,575 113 3,688 In 2003 Congress authorized expan- Outlays ...... 3,696 112 3,808 both transparency in our government 2004 Enacted: and separation of powers. Open World sion of Open World to 14 new countries. Budget authority ...... 3,525 108 3,633 a number of these—Armenia, Georgia, Outlays ...... 3,520 107 3,627 demonstrated that it successful model President’s request: could be applied outside Russia. I am Belarus, Moldova, Kazakhstan—war- Budget authority ...... 3,978 113 4,091 rant their own program. I hope that we Outlays ...... 3,887 112 3,999 also grateful for the genuine involve- House-passed bill: ment of American communities and can work with our House colleagues to Budget authority ...... 3,537 113 3,650 families in building the ties that are at maintain sufficient funding for Open Outlays ...... 3,690 112 3,802 SENATE-REPORTED BILL COMPARED the heart of the Open World Program. World to continue its success, while TO I would like to see Open World con- not diminishing terribly the important Senate 302(b) allocation: work it must continue to do in Rus- Budget authority...... 0 0 0 tinue its important work in Russia but Outlays ...... 0 0 0 enable us to utilize this flexible and sia—as important now as when I first 2004 Enacted: cost-effective program as a valuable helped establish the program in 1999. Budget authority ...... 50 5 55 Outlays ...... 176 5 181 tool for American diplomacy. With my colleagues support, I would President’s request: Mr. DURBIN. I would like to join my like to ask Dr. Billington and the staff Budget authority ...... ¥403 0 ¥403 Outlays ...... ¥191 0 ¥191 colleagues, Senator STEVENS and Sen- of Open World to explore the possi- House-passed bill: ator CAMBELL, in recognizing the im- bility of expansion of the program to Budget authority ...... 38 0 38 portant contribution that Open World Afghanistan and Pakistan. These coun- Outlays ...... 6 0 6 has made on many fronts. Open World tries are crucial to U.S. interests. Rec- Note: Details may not add to totals due to rounding. Totals adjusted for consistency with scorekeeping conventions. is unique in its place within the legis- ognizing that these nations lay outside lative branch. When I supported the ex- the present scope of Open World, I am Mr. CAMPBELL. Mr. President, I pansion to the Baltics, on the eve of offering legislative language that thank my friend from Illinois. new nations such as Lithuania joining would allow the Board of Trustees and It is my understanding that the man- NATO and the European Union, I hoped staff to explore the feasibility of ex- agers’ amendments were accepted on a that the program would strengthen ties panding the program and reporting voice vote. between countries such as Lithuania back to the Senate and House appro- The PRESIDING OFFICER. The Sen- and Ukraine that enjoy enormous dias- priations Committees within 90 days. ator is correct. pora populations in America and re- Dr. Billington is the Librarian of Con- Mr. CAMPBELL. It will probably be main the focus of efforts by U.S. citi- gress, in addition to his role as chair- a little later in the day when we ask zens to build democratic institutions in man of the Open World board. The Li- for a vote. these countries. Open World has brary’s expertise in CRS and through In lieu of that, I suggest the absence brought three groups from Lithuania— its overseas offices will be of great as- of a quorum. mayors, representatives of the media, sistance to Open World in responding The PRESIDING OFFICER. The NGO leaders—each of whom has trav- to this request. clerk will call the roll. eled to 10 States including Illinois. I I want to thank Dr. Billington for his The assistant legislative clerk pro- know firsthand from the United States continued leadership. I also thank my ceeded to call the roll. Ambassador to Lithuania, Steve Mull, colleagues, Senator CAMPBELL and Sen- Mr. REID. Mr. President, I ask unan- invaluable it has been to have the op- ator DURBIN, for their interest in Open imous consent that the order for the portunity to nominate young Lithua- world and appreciation for the impor- quorum call be rescinded. nian leaders for Open World and to see tant work it has accomplished. The PRESIDING OFFICER (Mr. them return home with concrete ideas Mr. NICKLES. Mr. President, the CHAFEE). Without objection, it is so or- to develop Lithuania’s local govern- pending Legislative Branch appropria- dered. mental structures, particularly in its tions bill for fiscal year 2005, S. 2666, as Mr. REID. Mr. President, it is my un- rural areas. I thank Senator STEVENS reported by the Senate Committee on derstanding the majority leader is and Senator CAMPBELL for their leader- Appropriations provides $3.688 billion going to come shortly and ask unani- ship in expanding Open World. I have in budget authority and $3.808 billion mous consent that we have a vote at been pleased to support it and com- in outlays in fiscal year 2005. Of these 4:30 p.m. Members should be alerted mend it to my colleagues as an invalu- totals, $113 million is for mandatory that if they are doing something now, able partner to those of us in the Con- programs in fiscal year 2005. they have to come back and vote at gress interested in foreign policy issues The bill provides total discretionary 4:30. across the board. budget authority in fiscal year 2005 of I suggest the absence of a quorum. Mr. STEVENS. I thank my col- $3.575 billion. This amount is $403 mil- The PRESIDING OFFICER. The leagues for their interest and support. lion below the President’s request, it clerk will call the roll.

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9426 CONGRESSIONAL RECORD — SENATE September 21, 2004 The assistant legislative clerk pro- EDWARDS), and the Senator from Mas- recognized for 5 minutes, that Senator ceeded to call the roll. sachusetts (Mr. KERRY) are necessarily DURBIN be recognized for 30 minutes, Mr. GREGG. Mr. President, I ask absent. and that the majority may have some- unanimous consent that the order for The PRESIDING OFFICER. Are there one between Senators HARKIN and DUR- the quorum call be rescinded. any other Senators in the Chamber de- BIN, and we will balance out the time The PRESIDING OFFICER. Without siring to vote? thereafter. objection, it is so ordered. The result was announced—yeas 94, The PRESIDING OFFICER. Is there Mr. GREGG. Mr. President, I ask nays 2, as follows: objection? unanimous consent that the vote on [Rollcall Vote No. 186 Leg.] Without objection, it is so ordered. The PRESIDING OFFICER. The Sen- passage of H.R. 4755, the legislative YEAS—94 branch appropriations bill, occur at ator from Iowa is recognized for 5 min- Alexander Dole Lugar utes. 4:30 p.m. Allard Domenici McCain The PRESIDING OFFICER. Without Allen Dorgan McConnell f objection, it is so ordered. Baucus Durbin Mikulski NOMINATION OF BISHOP GREGORY Bayh Enzi Miller Mr. GREGG. I suggest the absence of Bennett Feingold PALMER a quorum. Murkowski Biden Feinstein Murray Mr. HARKIN. Mr. President, I strong- The PRESIDING OFFICER. The Bingaman Fitzgerald Nelson (FL) Bond Frist ly support the nomination of Bishop clerk will call the roll. Nelson (NE) Boxer Graham (FL) Gregory Palmer to the Board of Direc- The assistant legislative clerk pro- Nickles Breaux Graham (SC) tors of the United States Institute of ceeded to call the roll. Brownback Grassley Pryor Reed Peace. It has now been over a year Mr. REID. Mr. President, I ask unan- Bunning Gregg Reid since Bishop Palmer was officially imous consent that the order for the Burns Hagel Byrd Harkin Roberts nominated on September 16, 2003. On quorum call be rescinded. Rockefeller Campbell Hatch that date, the Senate officially trans- The PRESIDING OFFICER. Without Cantwell Hollings Santorum mitted our paperwork to the White objection, it is so ordered. Carper Hutchison Sarbanes Chafee Inhofe Schumer House. Under the previous order, the ques- Chambliss Inouye Sessions The reason I recommended this dis- tion is on the engrossment and third Clinton Jeffords Shelby tinguished spiritual leader for this im- Cochran Johnson reading of the bill. Smith portant position at the U.S. Institute The bill was ordered to be engrossed Coleman Kennedy Snowe Collins Kohl of Peace is that I strongly believe that for a third reading and was read the Specter Cornyn Kyl Stabenow Bishop Palmer would work to promote third time. Corzine Landrieu Stevens a just peace in the world. I don’t think Craig The PRESIDING OFFICER. The bill Lautenberg Talent Crapo Leahy that there is anyone in this Chamber is returned to the Senate calendar. Thomas Daschle Levin who would disagree that we need more Voinovich Under the previous order, the Appro- Dayton Lieberman advocates for peace in this time of priations Committee is discharged DeWine Lincoln Warner Dodd Lott Wyden international crisis. from further consideration of H.R. 4755, I know Bishop Palmer well. He is a the House-passed legislative branch ap- NAYS—2 native of Philadelphia, PA. He grad- propriations bill, and the Senate will Conrad Ensign uated from The George Washington proceed to its immediate consider- NOT VOTING—4 University and received a master’s in ation. divinity from Duke University. His fa- The clerk will report the bill by title. Akaka Kerry Edwards Sununu ther is a minister in Philadelphia. The assistant legislative clerk read Bishop Palmer came to Des Moines, The bill (H.R. 4755), as amended, was as follows: IA, on September 1, 2000, and he has passed, as follows: A bill (H.R. 4755) making appropriations had a profound influence in our State (The bill will be printed in a future for the Legislative Branch for the fiscal year ever since. ending September 30, 2005, and for other pur- edition of the RECORD.) Bishop Palmer has had a distin- poses. Mr. HARKIN. Mr. President, I move guished career of service. He has The PRESIDING OFFICER. The text to reconsider the vote, and I move to taught at the pastor’s school in Bu- of the bill relating solely to the House lay that motion on the table. rundi, and serves on the Senegalese shall remain. All other text is stricken The motion to lay on the table was Task Force of the Global Ministries. He and the text of the Senate bill, as agreed to. also served as President of the Inter- amended, is inserted in lieu thereof. The PRESIDING OFFICER. The Sen- denominational Ministerial Alliance. The question is on the engrossment ator from Kansas is recognized. In March of this year, Bishop Palmer of the amendment and third reading of f received the 10th Annual Bishop Mau- the bill. rice J. Dingman Peace Award. This MORNING BUSINESS The amendment was ordered to be award recognized Bishop Palmer’s com- engrossed, and the bill to be read a Mr. BROWNBACK. Mr. President, I mitment to peace and social justice. third time. ask unanimous consent that there now The award was presented by the Iowa The bill was read the third time. be a period for morning business with Catholic Peace Ministry. The PRESIDING OFFICER. Under Senators permitted to speak therein One of the ways Bishop Palmer has the previous order, the question is, for up to 10 minutes each. turned Scripture into deeds is by start- Shall the bill, H.R. 4755, as amended, The PRESIDING OFFICER. Without ing the Matthew 25 Ministry through- pass? objection, it is so ordered. out Iowa. This ministry heeds the call Mr. DURBIN. I ask for the yeas and Mr. REID. Mr. President, a number of of Matthew 25:31–46 to feed the hungry, nays. people wish to speak, Republicans and clothe the naked, and care for the sick. The PRESIDING OFFICER. Is there a Democrats. I wonder if we can have a Bishop Palmer has provided services to sufficient second? little order around here. I know Sen- our Iowa communities most in need— There appears to be a sufficient sec- ator DURBIN wants to speak for up to from English classes for immigrants to ond. half an hour, and Senator HARKIN wish- soup kitchens for the hungry. These The clerk will call the roll. es to speak. On our side, I wonder if we laudable acts, in my view, are the The assistant legislative clerk called can get people queued in, and if Repub- works of a man truly committed to fos- the roll. licans want to come after we speak, tering peace and social justice. Mr. MCCONNELL. I announce that that is fine. I could go on and on at great length the Senator from New Hampshire (Mr. How long does the Senator from Iowa about Bishop Palmer’s good works, but SUNUNU) is necessarily absent. need? I know that my floor time is limited. It Mr. REID. I announce that the Sen- Mr. HARKIN. I need 5 minutes. is, however, very clear that Bishop ator from Hawaii (Mr. AKAKA), the Sen- Mr. REID. On our side, I ask unani- Palmer would make an outstanding ad- ator from North Carolina (Mr. mous consent that Senator HARKIN be dition to the board of directors of the

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9427 U.S. Institute of Peace; therefore, I was on November 2, are somehow inviting There was a time in American poli- deeply disappointed and surprised that terrorism to strike America. tics when people were circumspect Bishop Palmer’s nomination to the Vice President CHENEY, at a political about even raising the issue of the fact U.S. Institute of Peace has been stalled rally in Des Moines, IA, Tuesday, Sep- that the former Governor of Illinois, at the White House for over a year tember 7, said: Adlai Stevenson, had been divorced. In now, and his name was not included in It’s absolutely essential that 8 weeks from the 1950s, it was not really considered the nominations to be considered by today, on November 2, we make the right to be appropriate to raise that in the the Committee on Health, Education, choice, because if we make the wrong choice, national debate, although there were then the danger is that we’ll get hit again certainly a lot of rumors and mur- Labor, and Pensions. and we’ll be hit in a way that will be dev- I am hopeful that the White House astating from the standpoint of the United muring in the background. will reconsider and send his nomina- States. And we’ll fall back into the pre-9/11 Now we see the debate on the Presi- tion to the HELP Committee before mindset, if you will, that in fact these ter- dential level reaching what I think are Wednesday, tomorrow, when we are due rorist attacks are just criminal acts and that new depths, where at the highest levels to act upon other nominations. We we’re not really at war. questions are being raised as to wheth- have one nomination that has come This quote by the Vice President re- er JOHN KERRY would, in fact, defend down to be renominated to the U.S. In- ceived a lot of attention. The clear sug- the United States against a terrorist stitute of Peace. I am certain this per- gestion by the Vice President is that if attack. I think that is a troubling de- son will have no problem being renomi- the American people should not vote velopment. nated. But I was very surprised, as I for President Bush, they are inviting a These are not the only statements said, and disappointed that Bishop terrorist attack. That is an outrageous that have been made. This morning on Palmer’s name, which has been at the statement. I think it is one that, the Fox News Channel one of my col- White House for 1 year now—1 year his frankly, Vice President CHENEY on re- leagues, whom I work with on a regular nomination has been sitting there, and flection might not have made. Would it basis, Senator HATCH of Utah, raised I know of no opposition to Bishop be appropriate to argue that since the the same issue. Others have as well. We saw in the debate last Saturday Palmer. As I said, he is head of the terrorists attacked the United States where John Thune, a former Congress- Methodist Church for the entire State while he was serving as Vice President, man of South Dakota, was debating of Iowa. He is known nationally and they saw weakness in the Bush-Cheney administration? I would not make that Senator TOM DASCHLE, the Democratic internationally. I cannot think of a preposterous charge. I do not believe minority leader. In the course of their more qualified person to be on the anyone can. And yet here we have the debate, he argued that the fact TOM board of the U.S. Institute of Peace. Vice President suggesting that if you DASCHLE had been critical of the Bush I am quite upset with this, and I hope do not vote to reelect President Bush, administration’s policies in Iraq that the White House will reconsider you are inviting a terrorist attack on ‘‘emboldened the enemy.’’ John Thune this nomination. It would not take but the United States. said that TOM DASCHLE’S words just about half an hour to transmit his Just last Saturday in DeKalb, IL, the emboldened the enemy. name here, and I wish they would do Speaker of the House, DENNIS HASTERT, What we have reached is the point that before we meet tomorrow so we was quoted as saying: where any criticism of our foreign pol- can report his name out and get Bishop I don’t have data or intelligence to tell me icy leads to the charge that we are not Palmer on the board of directors as one thing or another, (but) I would think being patriotic, leads to the charge soon as possible. they would be more apt to go (for) somebody that we would not stand up to defend Mr. President, I yield the floor. who would file a lawsuit with the World America, and leads to the charge that Mr. REID. I suggest the absence of a Court or something rather than respond with in some respects the terrorists would troops. quorum. be emboldened by those comments and The PRESIDING OFFICER. The Speaker HASTERT said that of JOHN our troops would be demoralized. clerk will call the roll. KERRY. So what does that tell us? If Members The assistant legislative clerk pro- Asked by reporters whether he be- of the Senate on either side of the aisle ceeded to call the roll. lieved al-Qaida could operate better stand up and are critical of our policy Mr. DURBIN. Mr. President, I ask with KERRY in the White House, in Iraq, are they to be targeted then as unanimous consent that the order for HASTERT replied: somehow selling out America, some- the quorum call be rescinded. That’s my opinion, yes. how guilty of traitorous comments? The PRESIDING OFFICER. Without I think this is a new low in American That is what we can draw from these objection, it is so ordered. politics. For us to suggest that either comments made by Republican leaders f major political party would field a can- as well as Republican candidates. ELECTION CONTEST didate who would in any way know- Yet Senator HARKIN made a state- ingly or unknowingly compromise the ment earlier in the day which noted Mr. DURBIN. Mr. President, in the security and safety of the United the obvious. Even Republican Senators world of politics, every election seems States I believe is a charge that must are being critical today of our policy in to test the bottom when it comes to be backed up with solid evidence if it is Iraq. This last Sunday, Senator CHUCK mudslinging. I am afraid this year’s ever going to be leveled. In this case, HAGEL, a Republican of Nebraska, said, election contest is no exception, and it Speaker HASTERT said, ‘‘I don’t have in reference to Iraq: The fact is, we are is plummeting hitherto uncharted data or intelligence to tell me one in trouble. We are in deep trouble in depths. thing or another. . . .’’ Iraq. Some of the things that have been The reason I believe this is important Do we embolden the enemy by being said on both sides I am sure on reflec- is that when we reach the point in a critical of our policy in Iraq? I do not tion are going to be the source of some campaign when the Vice President sug- think so. I think it is part of the nor- embarrassment, and some of the ac- gests that a vote for JOHN KERRY in- mal political discourse which one ex- tions taken by both campaigns will be vites a terrorist attack on our country, pects in a democracy. regretted in the future. But there is and the Speaker of the House, after ac- Similarly, Senator RICHARD LUGAR, one particular element in this debate knowledging he has no information to the distinguished chairman of the For- in the Presidential campaign that I support his statement, joins Mr. CHE- eign Relations Committee, a friend of find particularly bothersome. It relates NEY with the chorus of ‘‘vote for Bush mine and colleague from the State of to statements that have been made by or die,’’ not to be outdone—and let me Indiana, criticized what he called the Vice President CHENEY, by the Speaker make it clear, I put ‘‘vote for Bush or incompetence in the administration of the House, DENNIS HASTERT, and by die’’ in quotes. That is my statement. I that has resulted in the failed Iraq re- Members of the Senate, and others, rel- am not attributing that to either of construction effort. ative to the patriotism of candidates those individuals. So we have a situa- Does he embolden the enemy, demor- for office and relative to questions as tion where this has become a standard alize the troops, by pointing out these to whether the American people, by charge in the campaign at the highest shortcomings in American foreign pol- casting their vote one way or the other levels. icy? He is a Republican Senator. I have

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9428 CONGRESSIONAL RECORD — SENATE September 21, 2004 not heard Vice President CHENEY or questioned whether they have the na- ysis. Debate is under way on intelligence re- any others criticize Senators such as tional security of America paramount form, and harnessing the energy of an elec- LUGAR or HAGEL for making these com- in their mind. The same thing occurred tion season is a healthy way to assure the in the 1950s. A Republican Senator issue receives the attention it deserves. Rac- ments. ing to implement reforms on an election Senator John McCain said recently: from Wisconsin named Joe McCarthy timetable is precisely the wrong thing to do. We are not winning. Senator LINDSEY went about throwing charges at people Intelligence reform is too complex and too GRAHAM said that we need to be ‘‘more right and left that they were not loyal important to undertake at a campaign’s honest about how difficult it will be’’ to America; that they were, in fact, breakneck speed. Based on our experience in in Iraq. communist. He destroyed a lot of peo- both the executive and legislative branches The list goes on, and the list tells me ple. He destroyed a lot of careers in the of the U.S. government and on both sides of that Senators of good conscience on process. the political aisle, these are the basic prin- both sides of the aisle feel an obliga- There came a time in the course of ciples we believe should guide any reform ef- fort: tion to disagree with the President on the Army hearings with Senator IDENTIFY THE PROBLEMS foreign policy when they have an hon- McCarthy where finally one voice Rushing in with solutions before we under- est disagreement and to suggest that spoke out. That voice turned to Sen- ator McCarthy and said: Have you no stand all the problems is a recipe for failure. changes in foreign policy or changes in Only after a full appreciation of the Intel- military policy are important for the shame? ligence Community’s problems—and its security of America. The same question needs to be asked strengths—can sensible decisions be made I do not know if Vice President CHE- of those who are throwing around so about reform, including whether to restruc- loosely these charges that either JOHN NEY or the Speaker of the House would ture. Moreover, reform will have to be com- criticize the fact I have been openly KERRY, JOHN EDWARDS, or TOM prehensive to succeed. Addressing this or critical of some of the military deci- DASCHLE do not have the best interests that shortcoming—however grave—in isola- of the United States at heart in every- tion will fail to produce the improvement in sions that have been made since the in- thing that they do. intelligence capabilities our nation’s secu- vasion of Iraq. When a man comes into I disagree many times with my col- rity demands. my office and tells me his son is a mili- leagues on the floor when it comes to STRENGTHEN THE INTELLIGENCE COMMUNITY’S tary policeman in Iraq and because he foreign policy, military policy, and LEADER cannot be issued body armor he and his many other issues. Yet I have never The individual responsible for leading the wife were raising money at home to and will never ever question their pa- Intelligence Community must be empowered buy the body armor and send it to their triotism. I believe that is beyond the with authority commensurate with his or her responsibility. Specifically and crucially, son, I came to the floor to criticize pale of ordinary political discourse. It that. Of the billions of dollars we have future leaders must have the ability to align has now become common conversation personnel and resources with national intel- sent in preparation for this war, one in this Presidential campaign. ligence priorities. Whether we maintain the would think it obvious that body On November 2, the voters will have Intelligence Community’s current structure armor would be one of the first things the opportunity to ask the candidates or create a new one, we must ensure that the issued to our soldiers. In this case, it who use these low tactics, Have you no Intelligence Community’s leader has the was not. shame? tools to do his or her job. I was critical of the administration, I yield the floor. SEPARATE INTELLIGENCE FROM POLICY critical of our policies, critical of for- The PRESIDING OFFICER. The Sen- A fundamental principle for Intelligence eign policy and military policy. Would ator from Alaska. Community reform must be that the intel- ligence community remains independent Vice President CHENEY argue that I am f giving comfort to the enemy by sug- from policymakers. Nothing could be more GUIDING PRINCIPLES FOR important to a healthy national security gesting that? I certainly hope not. INTELLIGENCE REFORM structure. When intelligence and policy are When we found that our Humvees too closely tied, the demands of policy- were sitting targets for homemade Mr. STEVENS. Mr. President, today makers can distort intelligence and intel- bombs and rocket-propelled grenades, our Appropriations Committee held a ligence analysts can hijack the policy devel- that we had been remiss in failing to hearing and listened to distinguished opment process. It is crucial to ensuring this equip our Humvees in Iraq with armor individuals as to their views on the rec- separation that the Intelligence Community plating on the sides to protect our sol- ommendations for intelligence reform. leader have no policy role. Otherwise, an In- diers, many of us came to the floor and At that time, we were provided a state- telligence Community leader’s voice could overwhelm those of Cabinet secretaries and made that point, wrote letters to the ment which is entitled ‘‘Guiding Prin- ciples for Intelligence Reform’’ dated the National Security Advisor and deprive administration, forced a change in pol- the President of the benefit of robust, in- icy, which resulted in more and more September 21, 2004. It is signed by the following persons: former Senator formed policy debate. A single individual of these Humvees being reconstructed, with the last word on intelligence and a say refit with armor to protect the troops. David Boren, former Senator Bill Brad- in policy as well could be a dangerously pow- Does the fact we were critical of the ley, former Secretary of Defense Frank erful actor in the national security arena- administration raise some question as Carlucci, former Secretary of Defense using intelligence to advocate for particular William Cohen, former CIA Director to whether we are demoralizing the policy positions, budget requests, or weapons Robert Gates, former Deputy Secretary systems that others lacked the knowledge to troops? Exactly the opposite occurred. of Defense John Hamre, former Senator challenge. When the Humvees arrived with the and Presidential candidate Gary Hart, For this reason, the leader of the Intel- armor, our troops’ morale went up. former Secretary of State Henry Kis- ligence Community should not work inside They had a chance to survive the at- the White House; he or she should be at singer, former Senator Sam Nunn, arm’s length from the policy process, not at tack. They did not have it before. former Senator Warren Rudman, and So Members of Congress—from Sen- the President’s right hand. Nor should the former Secretary of State George ator KERRY, through Republican and leader become an instrument of diplomacy Shultz. Democratic Senators alike—have a or policy formulation; his or her role should I do call it to the attention of all be to support others in these functions. moral obligation to raise those issues Senators in connection with this cur- Similarly, Intelligence Community reform where they disagree with this adminis- rent review of the 9/11 Commission rec- must not rob Cabinet secretaries of their tration on foreign policy or military ommendations on intelligence reform. own ability to assess intelligence by central- policy, whether they are on the Repub- I ask unanimous consent that the izing the bulk of assessment resources; the lican side of the aisle or the Demo- ‘‘Guiding Principles for Intelligence secretaries must be able to turn to their own analysts for independent perspective and be cratic side of the aisle. This debate Reform’’ be printed in the RECORD. which we have seen disintegrate and There being no objection, the mate- able to task the Intelligence Community descend to the levels that I have re- leader for input to the policymaking process. rial was ordered to be printed in the Finally, to protect against an unhealthy ferred to needs to come to an end. RECORD, as follows: mixing of functions, we believe the person This is not the first time those in the GUIDING PRINCIPLES FOR INTELLIGENCE who is chosen to lead the Intelligence Com- highest levels of political office in REFORM munity should be broadly acceptable to both Washington have questioned the patri- America’s security depends on strength- parties and chosen for his or her substantive otism of others in political office, have ening our intelligence collection and anal- or management expertise.

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9429 IMPROVE THE QUALITY OF ANALYSIS tivities. The Department of Defense now per- something in the right manner. It was Intellectual conformity and failure of ana- forms more clandestine and intelligence op- well presented this morning. erations than in the past; meanwhile, the lytical imagination have been the major cul- MEASURE READ THE FIRST TIME—S. 2823 prits in most intelligence breakdowns, from CIA’s Directorate of Operations engages Mr. CRAIG. Mr. President, I under- our failure to predict accurately India and more in traditional military functions, such Pakistan’s nuclear tests, to our misjudgment as the successful campaign in Afghanistan. stand that S. 2823 is at the desk, and I of Saddam Hussein’s weapons of mass de- Authority for these newer roles is murky, ask for its first reading. struction programs. Improving the quality of and there are sometimes disparities in the The PRESIDING OFFICER. The the analysis on which policy makers rely type or level of approval needed for an oper- clerk will report the bill by title. must therefore be a top reform priority. The ation, depending on who performs it. The The legislative clerk read as follows: best analysis emerges from a competitive en- new challenges we face mandate a wide range A bill (S. 2823) to provide for adjustment of vironment where different perspectives are of tools and creative approaches to intel- status of certain foreign agricultural work- welcomed and alternative hypotheses are en- ligence. But establishing absolute clarity of ers, to amend the Immigration and Nation- couraged. Intelligence reform must institu- chain of command, oversight, and account- ality Act to reform the H–2A worker pro- tionalize these traits in the analytical proc- ability for clandestine operations is essen- gram under that Act, to provide a stable, ess. To preserve their independence, analysts tial. legal agricultural workforce, to extend basic must be insulated from policy and political REFORM CONGRESSIONAL OVERSIGHT TOO legal protections and better working condi- pressure. Finally, we must not only concern Intelligence reform will not succeed unless tions to more workers, and for other pur- ourselves with the appropriate structure of Congressional oversight of the Intelligence poses. intelligence analysis, we must also address Community becomes more effective as well. Mr. CRAIG. Mr. President, I ask for the critical shortage of human expertise in Rather than relying on review of agency sub- its second reading, and in order to critical fields. Funding for programs to ad- missions and after-the-fact investigation of dress this deficiency is dangerously low and place the bill on the calendar under failures or abuses, Congress should reach out provisions of rule XIV, I object to fur- the trust funds for the National Security periodically to test and assure the Commu- Education Program will be fully depleted ther proceedings on this matter. nity’s health. Whether meaningful legisla- The PRESIDING OFFICER. Objec- within the next two years unless Congress tive oversight demands a major overhaul of acts. committee structure or merely a change of tion is heard. The bill will receive its ENSURE MORE EFFECTIVE INFORMATION- philosophy, Congressional reform is as vital second reading on the next legislative SHARING as changes affecting the Executive Branch. day. Intelligence Community players have over- Elections are a perfect time for debate, but Mr. CRAIG. Mr. President, I thank whelming cultural and bureaucratic incen- a terrible time for decision-making. When it you for that process. tives not to share their information with comes to intelligence reform, Americans What I have just done will result in each other or with those outside the commu- should not settle for adjustments that are placing the Agricultural Job Oppor- nity. These include a natural impulse to driven by the calendar instead of common tunity, Benefits, and Security Act—the hoard information to protect turf, and a sense; they deserve a thoughtful, comprehen- AgJOBS bill, or S. 2823—on the cal- deeply ingrained passion for secrecy. Domes- sive approach to these critical issues. If, as endar for future consideration by this tic agencies and foreign agencies, in par- seems likely, Congress considers it essential ticular, traditionally have resisted sharing to act now on certain structural reforms, we Senate. There is a great deal of work information with each other. Yet our nation believe it has an obligation to return to this that has not been done by the Senate has learned with painful clarity that failure issue early next year in the 109th Congress to this year. The issue of immigration re- to share, coordinate, and connect available address these issues more comprehensively. form, especially that affecting well intelligence can have devastating con- We hope the principles we’ve suggested will over 1.5 million undocumented agricul- sequences. The next time an FBI special help shape serious discussion of reform. tural workers of our Nation, is, in my agent suspects an Arizona flight trainee is The PRESIDING OFFICER. The Sen- opinion, a critical issue. an al Qaeda terrorist, the Intelligence Com- ator from Idaho. In a post-9/11 era, what we have said munity needs to know. Reform must fun- damentally alter agency incentives and cul- f about our country, and what our citi- zens are saying, is pretty straight- ture to require sharing. This must include CAUTION IN POST-9/11 COMMISSION forward. They are saying control the addressing the excessive emphasis on secrecy ERA and classification that inhibits constructive, borders, identify those who are within, timely information flows, while continuing Mr. CRAIG. Mr. President, I was at and arrest those who are undocu- to respect the need to protect genuine that hearing this morning when Henry mented or illegal or who might per- sources and methods. Kissinger made his presentation, and I petrate harm to this Nation. PROTECT CIVIL LIBERTIES was extremely pleased that it was a bi- I agree with those very fundamental Collection of intelligence is inherently in- partisan and balanced presentation. In- principles that retain the character trusive; spying on fellow citizens carries stead of fingers being pointed or accu- and the integrity of our country. But with it great potential for abuse. Even as we sations being made about what we what we are also finding in a post-9/11 merge the domestic and foreign intelligence ought or ought not do in a post-9/11 we collect, we should not merge responsi- era is that our negligence as a country, bility for collecting it. Intelligence reform Commission era, what Henry Kissinger our responsibility as legislators in fail- might well create a single strategic coordi- said was, caution. In a political year ing to produce a workable immigration nator of domestic and overseas collection on that is ripe with political innuendo, be policy, has resulted in between 8 mil- cross border threats like terrorism, but ex- careful what you create because you lion and 12 million undocumented for- clusive responsibility for authorizing and might not like it after the fact, that eign nationals in our country. Many of overseeing the act of domestic intelligence recreating the intelligence community them—frankly, most of them—are collection should remain with the Attorney of this country and of this government hard-working human beings who have General. This is the only way to protect the is tremendously important, but it rights of the American people upon whose contributed a great deal to our country support a strong intelligence community de- needs to be done well so we don’t get and to our country’s economy. pends. the wrong results. In the area of the agricultural econ- PRESERVE SITUATIONAL AWARENESS FOR I think all of us recognize the dys- omy, that is especially true. In the ag- TACTICAL MILITARY OPERATIONS functional character of our intelligence riculture of Idaho and most of our As we have seen from the skies over Bosnia community and the results that it States in the Nation, undocumented to the sands and cities of Afghanistan and yielded, and why there was a 9/11, and workers play a very significant role in Iraq, tactical intelligence and situational why a 9/11 Commission was developed, the normal processing and functioning awareness are indispensable to our military’s and why we are working now in the of agriculture itself, the production of unparalleled operational success. Any suc- Governmental Affairs Committee to the food and fiber that make it to the cessful intelligence reform must respect the try to craft and change the character shelves of the supermarkets and the ta- military’s need to maintain a robust, organic tactical intelligence capability and to have of that intelligence community. bles of the families across our country. rapid access to national intelligence assets It was a very positive hearing this We now attempt policy that tightens and information. morning. I was pleased by the bipar- our borders, but we also need to recog- ASSURE CLARITY OF AUTHORITY FOR tisan approach, which will disallow any nize our immigration problems will not CLANDESTINE OPERATIONS candidate out there from be solved by simply wanting to penal- The war on terrorism has blurred agency opportunistically pointing a finger and ize. Instead, we need to manage; con- roles for some critical national security ac- saying you are or you are not doing trolling and shaping a better system;

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9430 CONGRESSIONAL RECORD — SENATE September 21, 2004 understanding the importance of that The PRESIDING OFFICER. The wants to see how serious, go down to workforce to the Nation on the one clerk will call the roll. Walter Reed Hospital and interview side, and on the other side, recognizing The legislative clerk proceeded to some of those who survived these at- the sheer humanitarian character and call the roll. tacks and see how they feel about what responsibility we have as Senators and Mr. LAUTENBERG. Mr. President, I is taking place. as those who form public policy. ask unanimous consent that the order We are just guessing? The CIA is just Last year, on the United States- for the quorum call be rescinded. guessing? If the President thinks our Mexican border, over 300 people died The PRESIDING OFFICER (Mr. Nation’s intelligence system is just trying to make it across the border to ALEXANDER). Without objection, it is so guessing, then we are in trouble. The identify with a job in this country. ordered. President’s comments are a frightening Many of them died of heat or lack of f sign that he is not living in reality and water in the deserts of Arizona and that he continues to ignore the truth INTELLIGENCE SYSTEM New Mexico near Mexico. That is a about what is happening on the ground tragedy in its own right and a crisis in Mr. LAUTENBERG. Mr. President, I in Iraq. the making. But it is a tragedy that is found today to be a rather startling I am going to quote what the Presi- a result of bad law that doesn’t func- day by virtue of the news we have dent said this day, September 21: tion well, and a law that will not func- heard about what is happening with The CIA laid out a—several scenarios that tion well until we adjust it and change our troops in Iraq, what is happening said, life could be lousy, life could be OK, life it. That is why in working with all the to those who are in battle, those we are could be better, and they were just guessing interested groups over the last 5 years, asking to carry on the battle for, let as to what the conditions might be like. TED KENNEDY, CHRIS CANNON and HOW- me call it, the liberation of Iraq, the Talk about casual dismissal of the ARD BERMAN in the House, and I have opportunity to turn that society into a trauma that family after family across produced the legislation that is at the democratic society. This was brought this country faces. Over 33 former resi- desk. It has been vetted well. It has the to me by virtue of a couple of things dents of New Jersey paid with their support of a tremendous community of that happened. lives, all young. When I talk to those interest, from growers and employers First, I participated with colleagues families or go to a funeral, there is on one side to agricultural workers on in the Governmental Affairs Com- such distress and grief. the other side. It has the support of a mittee markup of intelligence reform. I talked briefly before about these historic, bipartisan, and diverse na- It is a task that I and so many others granite markers in a memorial built in tional coalition. It is a bill that should on the committee, and throughout this Middletown, NJ. All of these granite be considered by this Congress. It is a body, take very seriously. We are upset memorials had legends or quotes from bill that will pass the Senate because about what happened on 9/11. We just the family like ‘‘Daddy, I miss you’’— we now have over 60 cosponsors. It is a commemorated the third anniversary quotes that were so tender. One said, bill whose time has come, but is it is a of that horrific day. I went to a com- ‘‘If love could have kept you alive, we bill that possibly will not find time munity in New Jersey, Middletown, would be having a good time right this year simply because of the short- NJ, and spoke to a group that included now.’’ They are the saddest things. ness left in this session and the work survivor families of 9/11. Thirty-seven The reality is that these are not that is necessary to be done? of their residents lost their lives on gravestones. These are granite markers I have worked with the leader and that terrible day. done very gracefully throughout a will continue to work with the leader I walked around the memorial walk walkway in this park with, again, a to see if we can’t find that window of they established and saw pictures marble plate on top, an inscription opportunity to vote our expression on placed on granite stones of those who from a family member, and a picture of this most important issue, this year, perished, with messages of love and the individual. Several men were pic- sooner rather than later. longing for fathers who died, for broth- tured in tuxedoes. I think the idea was I have chosen this rule XIV process ers, for sisters, and for mothers who to say that life was so full and so happy to make the legislation current at the were killed that day, murdered. It digs for these families. desk to start the process to see if we further into the searing memory of When we look now at where we are, might find that window of time in that fateful day. we see the President suggesting that which to debate and vote on what I It reminds all of us about what our maybe the CIA is just guessing as to think is one of America’s most impor- responsibilities are to try and get this what conditions might be like. Presi- tant issues: immigration reform, con- country back on an even keel and to dent Bush ignored some intelligence trolling our borders, identifying un- stop mourning the loss of young people reports he did not like before he went documented people in this country, because though we struggled hard to to war. Now when intelligence con- doing background checks, and the vet- turn out our bill on intelligence reform tradicts him, he dismisses the content ting of their character which is nec- this day, we did not complete it. But of the report as mere guessing. essary to determine whether they are there is a fair degree of optimism that When the Central Intelligence Agen- here and constructive, or whether they we will come to at least an initial de- cy sends the President a report that are here with a destructive thought in scription of what the intelligence-gath- lays out three scenarios for Iraq with mind, a destructive thought against ering mechanism might be. the most rosy, the status quo, an aver- U.S. citizens, as we found on 9/11 a few Then this afternoon I heard Presi- age of 87 attacks a day against our years ago. Bringing the undocumented dent Bush say something that I found troops, 1,035 dead to date, the President out of the shadows not only helps these almost incomprehensible, extremely dismisses it as guesses? What an insult workers who add to the economy and disturbing about our Nation’s intel- to the people in our country and to pay taxes, but it also would help our ligence-gathering system. A few hours those families. I would like the Presi- homeland security. after the President spoke at the United dent to stand in front of some of those Many of us are determined to deal Nations about why we went it alone in survivors and say: Your son died. It is with this issue now. If we don’t deal Iraq, President Bush was asked by a re- terrible. We made mistakes. The CIA with this now, there is no question in porter about a CIA report that he re- was just guessing about what might be. my mind that I and others will make it ceived last month on the deteriorating Look at where we are. Look at what a No. 1 issues in the next session of situation—as a matter of fact, I believe is taking place. Today’s Washington Congress. This is an issue that legisla- it was in July—the deteriorating situa- Post has a story about the comments tors cannot turn their backs on. It is tion in Iraq which could even lead to a of a general who defends the pace of an issue that cries out for resolution. full-blown civil war. the Iraqi training. Army LTG Walter I believe S. 2823 is a proper solution The President dismissed the CIA re- Sharp, speaking to reporters at the to a major segment of that very large port and said it was ‘‘just guessing.’’ Pentagon, also disputed the accuracy problem in this country. Just guessing. Imagine, we are over of some of the Democratic Presidential I thank you and I yield the floor. 1,000 deaths, thousands of injuries, nominee’s new criticism of the pace of I suggest the absence of a quorum. many of them very serious—if one training for Iraqi police.

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9431 I had the opportunity to visit in had survived battle. There was one is outrageous and the American public March with several other Senators— young man there who was sightless. He should not believe it. Senator LEVIN of Michigan; Senator was there with his wife, and he said to I call on veterans, who belong to ROCKEFELLER of West Virginia; Senator me: Senator, I will not be able to see whatever association, who served in REED, who trained very thoroughly in my 28 month old daughter again, but I whatever war, whether it was those the military at West Point; and Sen- just want to hold her. He said: I am who are still alive from World War I, ator BINGAMAN—and the situation going to try my best to get along in World War II, Vietnam, Korea: Vet- looked grim at that time. It was said life. It was painful to witness, but erans, stand up and object. Don’t let that we are going to turn over gov- imagine how painful it is to be the vic- them say that about our comrade in erning to an interim council of Iraqis, tim. arms. Don’t let them question whether and then we are going to have a vote in It is hypocritical when we compare the wound was deep enough. You want January of next year that would deter- the service of JOHN KERRY, though he to offend 270,000 people who got Purple mine the more or less permanent struc- was critical after the war, but he had Hearts in Vietnam? Should we go back ture at least for the next term of lead- the decency and the courage and the and remeasure the depth of those ership in the country. Here we have honor to serve his country when he was wounds, see how much blood was let these boldfaced statements that say he called on to do it. He did not question because they were hit by enemy fire? believes that based on what we will be why, he did not question live or die, he It is not fair. I hope veterans across able to do, there will be local control said: I will do my duty to the best of this country will disavow that kind of for the majority of the country by the my ability. The President’s record does talk, that kind of suggestion, that kind end of December. Control is not just a not indicate the same interest in serv- of innuendo about someone who fought matter of having Iraqi security forces ing. As a matter of fact, I saw a repro- and disagreed with the policy—who in place, but also an assessment of the duction of an application for service in first fought and then disagreed—in this ability of local political leaders to gov- the military that said: I do not choose sinister game being played by those ern and to oversee economic recon- to serve in combat. He checked it off. who would challenge the heroism in struction efforts. That is all right. Everybody has a right the award of those medals which were When I was in Iraq with four of my to make those choices. But then to certified by John Lehman, Secretary of colleagues and we went to a police blacken someone else’s character who the Navy, and another by the senior ad- academy where they were training did it and try to humiliate that indi- miral in charge of the fleet in Vietnam. those who would soon be police offi- vidual so that he looks like he is unpa- To challenge whether those medals cers, if memory serves me correctly, triotic, that he wants Saddam Hussein were properly awarded is an outrage. the pace was that they would train in there? It is atrocious. It is not hon- I think it is time to face up, tell the about 80 in 6 weeks. Since they needed est. It is scandalous, and that is what truth, discuss the issues and stop the over 50,000 more, I did a quick calcula- is happening. name calling. Especially stop the accu- tion and came up with the conclusion I offer a plea. Let President Bush and sation that someone who lost three that it would be many years before Vice President CHENEY talk about what limbs—as in the case of Max Cleland, they filled the full complement of they want to do for the country, talk who was defeated in his reelection at- those necessary. Then we find out that about when we can see an end. They tempt because it was said that he was a lot of these people are entirely un- talk about JOHN KERRY not having a soft on defense—wasn’t patriotic qualified to take these tests: no driv- plan for getting us out of Iraq. Has enough. Maybe they were suggesting it er’s license, no capacity to read or anybody heard President Bush’s plan is too bad he didn’t lose the fourth write, no understanding of what the as- for getting out of Iraq? No one. Smoke limb. These are outrageous statements. signment is, a lot of washouts. Then and mirrors, the ugliest type. One need No, we cannot conduct ourselves like they say by January the Iraqis are only turn on the television, pick up the this. The American people see the hy- going to be able to take over? It is not newspaper, listen to the radio and pocrisy. What it says is, if you can dis- fair. It is not fair to say these things know things are falling apart in Iraq. miss the truth and replace it with lies, because everybody knows it is not the We have heard it confirmed by distin- replace it with distortion, replace it truth by any stretch of the imagina- guished colleagues from that side of with insult, that is a way to build char- tion. the aisle, people who fought bravely, acter for our young people. I defy that The President has to stop ignoring were in battle, know what it is like to kind of performance, that kind of sug- the crisis our troops face in Iraq. He see comrades die or escape with their gestion. It should not happen. has to begin to speak in the real world, lives, wounded in the process. They I am disturbed by the fact that two with real words, where things are not don’t think things are going well. Look Americans had their heads cut off, pun- always good, where serious problems at the statement of Senator HAGEL of a ishment for something we don’t under- need to be addressed. couple of days ago, or Senator stand. They were trying to bring de- I find it so offensive that someone MCCAIN’s statement. We see they see a mocracy to a country that right now is who served his country, received three gloomy picture ahead. not prepared for democracy. But we in- Purple Hearts, a Silver Star, and a Today saw the second day of behead- sist that that is what they want. Their Bronze Star—now, I wore a uniform ing of two Americans, savagery the country is being destroyed by insur- and I know what those medals mean. likes of which we should never wit- gents. Their lives are being destroyed. They mean a lot. I did not earn any, ness—cutting off a man’s head. However many we have lost, the Iraqis but I tried to do the job I knew best. I I know one thing. This vulgar lan- have lost far more. served in World War II. I was 18 when I guage has to stop. Shame on the Presi- The insurgents are intimidating enlisted. I know those medals are only dent of the United States for belittling those who would serve in the military given when the qualifications are at- the record of someone who served so and the Iraqi force. They are removing tested to by medical officers who look well and who did what he had to do, as the incentive for those who want to be at a wound and say, yes, this wound de- his country requested it. If he had ob- in law enforcement. They are totally served the recognition of a Purple jections, he had objections, but it was intimidating those forces who would Heart, three of them. And now we want after he served. It was after he was stand up and fight. Yet we continue to to talk about, well, how deep was the wounded three times and after he got paint the rosy picture, like the Presi- wound, was there any blood. When the Silver Star for valor and after he dent did a year ago May when he said someone loses their hearing in battle, got the Bronze Star for valor. It was ‘‘bring them on.’’ They brought them maybe there is no blood, but there is afterward, but he served. First he did on, all right. They brought them on as no hearing. It is still a wound, and a the thing he had to do. That brings a we never wanted to see them. very serious one. different level of experience than some- We have to stop this character assas- After going to a funeral of a young one who only talks about how soft he is sination and these attacks. I hope we man from New Jersey at Arlington on defense. Patriotism? To suggest he can muster the courage to do it in this Cemetery, I went to Walter Reed after- is not a patriot? To suggest he would place. ward to meet with some of those who rather see Saddam Hussein in place? It With that, I yield the floor.

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9432 CONGRESSIONAL RECORD — SENATE September 21, 2004 The PRESIDING OFFICER. The Sen- Even as a youngster, Richard’s parents and friends paid their final respects to ator from Ohio. knew he would join the military. On this American hero. Outside the church f Halloween, he would dress up as Rambo and along the funeral possession, many or G.I. Joe. Friends remember that at more braved the cold to show their sup- HONORING OUR ARMED FORCES sleepovers, Richard would make them port to the Ramey family by waving STAFF SERGEANT RICHARD P. RAMEY watch his favorite movie, ‘‘Red flags and holding signs. At Perry High Mr. DEWINE. Mr. President, I rise Dawn’’—a film about foreign armies School, a memorial plaque and photo- today to pay tribute to Army SSG taking over the United States. graph hangs in the hall as tribute to Richard Ramey, from Perry Township, In third grade, Richard’s teacher the school’s brave alumnus. in Stark County, OH. He died on Feb- asked the students to write a sentence Richard will forever live on in the ruary 8, 2004, when his convoy was at- about what they wanted to do when hearts and minds of all those who had tacked in Mahmudiyah, Iraq—a village they grew up. Richard responded, ‘‘I the privilege of knowing him, including 20 miles south of Baghdad. will go to war and fight if I have to’’— his parents Jerry and Julie, sister Richard lived life well. He made good a motto he carried with him through- Sarah, and brother-in-law, Nicholas. choices. He never took the easy path. out his all too short life. The Reverend Thomas Dyer, who spoke He never shied away from a challenge. After high school, Richard joined the at Richard’s funeral service, said it That is what drew him to the mili- Army and entered the service on his best: tary. He pursued a career as a soldier mother’s birthday. He carried on the [Richard] goes on in our memory with the knowing the possible dangers. Richard military tradition of his family. His powerful lesson to each one of us—to make took on one of the most risky jobs in dad served 4 years in the Navy, and of ourselves the best we can—to make a dif- ference in our home and community. the Army. He took on the responsi- grandfather Bernard Richard, Sr. bility of explosive ordnance disposal. fought in World War II, notably at the Indeed, Richard made the best of This meant, simply, that if someone Battle of the Bulge. himself and, in doing so, made a very found a bomb on the side of the road, While Richard’s mother knew that real, very lasting difference in this or in a building, or anywhere, Rich- her son would follow his beliefs and do world. ard’s task was to disarm it. what he felt he needed to do, all she STAFF SERGEANT LESTER ‘‘BUDDY’’ KINNEY, II Many of us would wonder why he vol- asked was that he call her every Mr. President, I rise today to pay unteered for such a dangerous position. week—and he did. She said that ‘‘Rich- tribute to a young Ohioan who lost his But Richard would have a simple an- ard loved to do his job. No matter life in the service of our country—a swer. He did it to protect and ensure where it would take him. He really felt young Ohioan who dedicated himself to the safety of his comrades and the deeply that he wanted to protect peo- preserving the safety of his family, his Iraqi people. He did it because he was friends, the Iraqi people, and his fellow never afraid to do what needed to be ple who couldn’t protect themselves.’’ She understood that it took a special Americans. done. Army SSG Lester Kinney II was person to do what Richard did. Richard was born on November 6, known to his family and friends by a Richard’s comrades loved him. They 1976, to loving parents, Jerry and Julie nickname that exemplified his outlook trusted him with their lives. And they Ramey. Jerry can still remember look- on life, as well as the way he treated had fun together. SSG Max Voelz, a ing at Richard when he was in the hos- all who had the privilege of knowing member of Richard’s unit, remembers pital baby room. He could not help but him—and that nickname was ‘‘Buddy.’’ laugh at Richard’s curly brown hair the stories Richard would tell and the Buddy was born on February 28, 1976, with its frosted tips. pranks he loved to play on people. In and grew up in Muskingum County, As a boy, Richard was known for one instance, Richard filled an officer’s OH. His mother, Barbara, fondly re- hanging around the Perry Township room with balloons from the floor to members his love for animals, classic fire station where Jerry was a volun- the ceiling. cars, Johnny Cash, and blue-grass teer fire investigator. Richard loved Richard served at the White House, music. As a young boy, Buddy loved to the excitement of the fire station and in Kosovo, and in Egypt before his unit play pranks on people, especially on being there spending time with his dad. was transferred to Iraq. While in Iraq, Halloween, greatly increasing the pop- At Perry High School in Massillon, he witnessed several tragic events. In ularity of his family’s Zanesville home OH, Richard made a lasting impression December, Richard watched helplessly on the holiday. on all who met him. English teacher as one of his comrades and closest Buddy attended John Glenn High and assistant football coach Bob Kil- friends was killed while trying to School, where he played baseball and patrick remembered Richard as: defuse a bomb. Clearly shaken and un- basketball. Described as ‘‘everybody’s A good guy—a solid citizen. He came to derstandably ‘‘numb,’’ Richard called kid,’’ Buddy was the kind of guy you class with his work done, came to practice home for support from his parents. wanted on your team. He was always a ready to practice, and came to the game Shortly thereafter, Richard found him- team player. And he was always in a ready to play. self in close proximity to another ex- good mood and could get along with Richard was a great football player ploding bomb. Shrapnel hit his face and anyone—and everyone. People liked with an even greater work ethic. As an ruptured his eardrum. Through it all, Buddy Lester. As his former high offensive guard and tackle, he was Richard’s unit became very close. They school principal, Gary Lucas, said: known for his hard hitting and deter- were family, both at home and in Iraq. Everybody would be glad to have him as mination to play despite an injury to Despite these difficult times, Richard their son. He’s the kind of kid you’d be glad his shoulder. Richard’s coaches remem- did not lose sight of his ultimate goal— to take home to meet your parents. ber that even at practices in the sum- to help those who could not help them- After graduating from high school in mer heat, he would always be smiling. selves. And that is why he was deter- 1994, Buddy enlisted in the Army. His Speaking of smiling, Richard was mined to continue his career in the mother recalled that Buddy had always known for his sense of humor. One military. While overseas, he enlisted liked the ‘‘Be All You Can Be’’ com- time, he described eggs as ‘‘liquid for 6 more years and was looking for- mercials and was determined to join chickens’’ to his teacher—a proclaimed ward to his next assignment in Alaska. the Army from the time he was just 8 vegetarian. The teacher swore off eggs His mom and dad were planning on years old. shortly thereafter. driving him there. Buddy Kinney served in Afghanistan Richard loved the outdoors. He loved Richard Ramey always will be re- for most of 2003, where he earned a to camp, hike, explore caves, and membered for his bravery and dedica- number of awards and decorations for climb. He especially loved to fish. tion to helping make the world a safer his service and leadership. These in- Richard’s friends fondly recall how he place. In the words of his father, Rich- clude the Bronze Star, Expert Infantry always caught bigger fish than they did ard lived 80 years in 27—and in those 27, Badge, Combat Infantry Badge, Army no matter what kind of bait they used he made a difference. Service Ribbon, Army Commendation or what kind of fishing pole they had. In Massillon, OH, this past February, Medal, Good Conduct Medal, Para- Richard had the same passion for the hundreds of soldiers, firefighters, po- chutist Badge, Jumpmaster, and Air military that he did for the outdoors. lice, Boy Scouts, sailors, and family Assault Badge.

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9433 As a section leader in Afghanistan, loved wife Marisa, mother Barbara, seasonal workers, and migrant work- Buddy was proud that after more than stepfather Jack, brother Kurtis, sister ers, passed the Senate last year by 150 movements in that dangerous coun- Jodi, grandmother Nita, and many unanimous consent. No one objected. try, none of the soldiers under his di- aunts, uncles, cousins, comrades, and Yet this bill also has not been able to rection were ever injured. friends. go forward. Think about it. Bills vir- Clearly, Buddy was one of this coun- Lester ‘‘Buddy’’ Kinney is an Amer- tually with no voiced opposition are try’s finest soldiers. However, he was ican hero, and may we always remem- being stopped by a silent and shadowy more than just a great soldier—he was ber the sacrifice he made for us and for force, and the American people are a family man and a model big brother. our country. being denied better jobs, better edu- Kurtis Bennett loved his big brother. Mr. President, I thank the Chair and cation, and a more compassionate soci- He looked up to him. He respected him. yield the floor. ety all because of a pattern of obstruc- He wanted to be like him. When Kurtis’ The PRESIDING OFFICER (Mr. tion. father passed away, Buddy became the TALENT). The Senator from Ohio I think the practitioners of this ob- male figure in his life. Kurtis quickly yields the floor. struction owe an explanation to the learned that he could count on his Who seeks recognition? American people as to why they are brother Buddy for anything. The Senator from Nevada is recog- blocking these widely supported bills Kurtis fondly remembers how sup- nized. that they previously voted for on the portive Buddy was of his decisions. (The remarks of Mr. REID pertaining Senate floor. When Kurtis graduated from high to the introduction of S. 2822 are print- Fortunately, the majority leader’s school, he told his big brother that he ed in today’s RECORD under ‘‘State- extraordinary effort and patience has was thinking of taking a year off be- ments on Introduced Bills and Joint enabled much to be done in spite of the fore going to college. Buddy thought Resolutions.’’) obstruction. We have passed tax cuts to that was a good idea. However, the Mr. REID. Mr. President, I suggest get the economy going again, and it military recruiters came calling and the absence of a quorum. sure is going again. We have passed a Kurtis decided to sign up. Buddy was The PRESIDING OFFICER. The Medicare prescription drug benefit that proud of his younger brother and clerk will call the roll. is giving seniors an immediate helping helped him decide on joining the Army The assistant legislative clerk pro- hand with a full comprehensive benefit because of the opportunities it would ceeded to call the roll. to start in about 15 months. We have provide. Buddy was only a phone call Mr. MCCONNELL. Mr. President, I passed a Do-Not-Call Registry and the away when Kurtis went through basic ask unanimous consent that the order Healthy Forest Act, the partial-birth training. When the two were serving for the quorum call be rescinded. abortion bill, and the NATO enlarge- overseas, Kurtis would make sure to The PRESIDING OFFICER. Without ment treaty. But that was last year. call his brother whenever he could. objection, it is so ordered. What about this year? Buddy Kinney had big plans for his f We passed into law a pension relief life. He married the love of his life, and stabilization plan for private sec- ROADBLOCK TO PROGRESS Marisa, on November 24, 2001. Though tor businesses, workers, and their re- their married life together was short, Mr. MCCONNELL. Mr. President, it is tirees. We passed into law a BioShield it was rich and meaningful. He loved after Labor Day so the campaign rhet- Act to improve countermeasures from Marisa dearly. oric is in full bloom. One thing we have biological, chemical, and other ter- Buddy’s military career also brought already heard and continue to hear is rorist attacks. We passed into law the him great fulfillment and meaning. He this charge of a ‘‘do-nothing’’ Congress. Unborn Victims of Violence Act and made 58 jumps as paratrooper, only 2 And in yet another great paradox also a Defense appropriations bill, as jumps away from earning a gold star unique to this town, we find those who well as a supplemental for operations above his parachute wings. He was complain that the Senate is not driving in Iraq. known for making the best of his op- ahead and are themselves the road- So much has been accomplished, but portunities. While stationed in Alaska, block to progress. much more can and should be done. I Buddy learned to ski, and while in Ha- For a year and a half we have seen a call on our colleagues to allow us to waii he learned to surf. Buddy was stall ballgame for the ages, an effort to move forward on the Workforce Invest- proud of his service and believed in run out the clock on this session prac- ment Act and CARE right now so we what he was doing. tically before it began. We have seen can have an America with workers After his service in Iraq, Buddy was unprecedented obstruction by a deter- trained for the modern workplace, a hoping to become a warrant officer and mined minority. Sadly, tactics not em- better educational environment for our a helicopter pilot. But, tragically, Les- ployed since the founding of the Repub- children, and a more compassionate ter ‘‘Buddy’’ Kinney’s dreams were cut lic have become commonplace in this safety net for our citizens. short. This country lost one of its fin- body. We have seen tactics employed I yield the floor. est on January 27, 2004, when a roadside not only against highly controversial Mr. REID. Mr. President, I want to bomb exploded while Buddy was con- items but against noncontroversial, make a brief statement. I have already ducting a dismounted patrol near broadly supported items, too. spoken today on the issue Senator Iskandariyah, Iraq. He had been as- The CARE Act, which provides nu- MCCONNELL has presented to the body. signed as the section leader to Bravo merous tax improvements to assist and It was done earlier today by the distin- Company, 2nd Battalion, 505th Para- empower those who run, contribute, guished junior Senator from Pennsyl- chute Infantry Regiment, based out of and benefit from our charitable organi- vania on the CARE Act, a bill that the Fort Bragg, NC. zations passed the Senate 95 to 5. No minority wants to become law. But as I had the privilege of meeting Bud- Democratic Senator voted no. Yet our I said to the Senator from Pennsyl- dy’s family and some of his friends at a colleagues on the other side of the aisle vania through the Chair, there are service held in his honor. Each remem- refuse to let this bill go to conference other ways of doing this than to con- bers Buddy’s smiling face and positive and, therefore, it lies near death. ference. I have a list of a series of bills attitude. I was particularly moved by a Fortunately, I understand that the that have passed in this body, have letter that his comrades from their IDEA bill, which reforms and enhances been negotiated between the House and service in Afghanistan wrote. It read in the funding of education for disabled the Senate, and that did not go to con- part: children—which passed the Senate 95 ference. I don’t know the exact num- We could not ask for a better friend or to 3—may well be going to conference ber, but scores of bills passed. The leader. From the dusty mountains of Afghan- tonight. If so, that is excellent move- same thing could be done with the istan to the hot, flat desert of Iraq, we will ment in the right direction. CARE Act. The same could be done always have a seat open for you. The Workforce Investment Act, with the Workforce Investment Act. We will always have a place for which authorizes the worker training I say to my distinguished counter- Buddy in our hearts. He will be cher- programs for young people, dislocated part, the senior Senator from Ken- ished forever in the memories of his be- adults, veterans, Native Americans, tucky, that the risk for Republicans is

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9434 CONGRESSIONAL RECORD — SENATE September 21, 2004 that their strategy may just be too ob- Improvement Act; H.R. 2540, Veterans Bene- truly a first-hand look at both the his- vious. The majority has become so fits Act; H.R. 2716, Homeless Veterans Assist- tory and future of indigenous American unyielding at times that it seems more ance Act; S. 494, Zimbabwe Democracy and culture. devoted to tagging Democrats with the Economic Recovery Act; S. 1196, Small Busi- Fittingly, it is not a traditional mu- ness Investment Company Amendments Act; obstructionist label than getting legis- H.R. 1291, Veterans Education and Benefits seum, but rather a unique, living space, lation passed. Bills have been aban- Expansion Act. located in close proximity to nature. doned rather than let Democrats have H.R. 2199, D.C. Police Coordination Amend- The building’s design reflects the solar the votes on amendments they demand, ment Act; H.R. 2657, D.C. Family Court Act; calendar and equinoxes, with an east- such as a minimum wage increase or H.R. 2336, Redact Financial Disclosure—Ju- ern orientation and entrance. Histor- rules protecting workers’ rights to dicial Employees and Officers; H.R. 2884, Vic- ical native stories are shared through overtime. The complaints about Demo- tims of Terrorism Relief Act; H.R. 700, Asian the representation and interpretation Elephant Conservation Reauthorization Act; of Indian cultures as living phenomena crats ignore the fact that internal Re- H.R. 3090, Temporary Extended Unemploy- publican differences also cause delays. ment Compensation Act; H.R. 2998, Radio throughout the hemisphere. The NMAI I have on a pair of Allen Edmonds Free Afghanistan Act; H.R. 1892, Family is rich with imagery, connections to shoes today. They are shoes that are Sponsor Immigration Act; H.R. 1499, D.C. the earth, and historical meaning. made in the United States. President College Access Improvement Act; H.R. 3525, Washington state can be particularly Bush wears these shoes. So does Sen- Enhanced Border Security and Visa Entry proud of its tribes, which are well-rep- ator KERRY. They are one of the few Reform Act; H.R. 169, Notification and Fed- resented. For example, an exhibit shoe manufacturers left in America. eral Employee Antidiscrimination and Re- about original Native Treaties includes taliation Act; H.R. 4560, Auction Reform Act. the 1855 Treaty of Neah Bay, which al- The reason I mention that is that the H.R. 3275, Suppression of the Financing of chief executive of the company, John Terrorism Convention Implementation; H.R. lowed the Makah Tribe to take whales Stollenwerk, is upset because, as a re- 327, Small Business Paperwork Relief Act; from ‘‘accustomed grounds and sta- sult of our doing nothing on the FSC H.R. 3487, Nurse Reinvestment Act; H.R. 1209, tions.’’ An exhibit about the contem- bill, he is now paying 19-percent pen- Child Status Protection Act (immigration); porary lives of American Indians con- alties. And to this day, even though we H.R. 4687, National Construction Safety tains items from our very own Yakama agreed to go to conference, the House Team Act; H.R. 2121, Russian Democracy Nation including a carton of Chief has not appointed conferees. Act; H.R. 4085, Veterans’ Compensation Cost- Yakama apples, a jar of Broken Spears of-Living Adjustment Act; S. 1533, Health pickled asparagus and a poster for the I say to my friend with all sincerity, Care Safety Net Amendments; H.R. 3801, we need not find fault. Let’s find a way Education Sciences Reform Act; H.R. 3253, Yakama Nation Beauty Pageant. to work together. Let’s impose our Department of Veterans Affairs Emergency Native Americans from other parts of goodwill upon the Speaker of the House Preparedness Act; H.R. 4015, Jobs for Vet- the country who now call Washington and have him appoint conferees to the erans Act; S. 1210, Native American Housing State home also played important roles FSC bill so that we can still have shoes Assistance and Self-Determination Reau- in designing this stunning new space. made in America. thorization Act. Johnpaul Jones, an architect of Choc- I ask unanimous consent that the list S. 2690, Pledge of Allegiance; H.R. 5005, taw and Cherokee heritage who lives in Homeland Security Act; H.R. 2546, Real Seattle, was one of four project design- of bills to which I referred be printed in Interstate Driver Equity Act; H.R. 3389, Na- the RECORD. tional Sea Grant College Program Act ers, and helped design and shape this There being no objection, the mate- Amendments; H.R. 4878, Improper Payments museum to make it a dynamic place rial was ordered to be printed in the Reduction Act; H.R. 1070, Great Lakes and for all Americans to explore the con- RECORD, as follows: Lake Champlain Act; H.R. 3394, Cyber Secu- tributions of American Indians to our rity Research and Development Act; H.R. BILLS ENACTED INTO LAW WITHOUT USING A culture. 2621, Product Packaging Protection Act; CONFERENCE TO NEGOTIATE DIFFERENCES IN Preston Singletary, a Tlingit artist H.R. 3908, North American Wetlands Con- LANGUAGE BETWEEN THE HOUSE AND SENATE who also lives in Seattle, contributed a servation Reauthorization Act; H.R. 3833, 108TH CONGRESS (AS OF MAY 6, 2004—24 BILLS) piece to the exhibit ‘‘Our Universe,’’ Dot Kids Implementation and Efficiency which focuses on American Indian cos- H.R. 1584, Clean Diamond Trade Act; H.R. Act; H.R. 5469, Small Webcaster Settlement 1298, AIDS Assistance; H.R. 733, McLoughlin Act; H.R. 2237, Veterans Benefits; S. 2017, Na- mology and the spiritual relationship House National Historic Site Act; H.R. 13, tive American Settlements and Indian Fi- between the tribes and nature. His Museum and Library Services Act; H.R. 3146, nancing Act Amendments; H.R. 3609, Pipe- piece, a sand-carved glass, depicts the TANF Extension; H.R. 659, Hospital Mort- line Safety Improvement Act; H.R. 4664, Na- northwestern coastal legend of the gage Insurance Act; H.R. 1516, National Cem- tional Science Foundation Authorization ‘‘Raven Steals the Sun.’’ etery Expansion Act; H.R. 3365, Military Act. Today, as we welcome this wonderful Family Tax Relief Act; S. 313, Animal Drug Mr. MCCONNELL. Mr. President, let new museum, let us also remember User Fee Act; S. 1768, National Flood Insur- that as a nation, we must do more to ance Program Reauthorization Act; H.R. me say briefly to my good friend from 1828, Syria Accountability and Lebanese Sov- Nevada, I remain hopeful, as I know he fulfill the promises our country made ereignty Restoration Act; S. 459, Hometown does, that we will indeed be able to to our native peoples. As a Senator Heroes Survivors Benefits Act. pass the FSC bill before we leave this who represents 29 tribes and a member H.R. 2297, Veterans Benefits Act; S. 877, year. I am optimistic that will be the of the Indian Affairs Committee, I will CAN–SPAM Act; H.R. 100, Servicemembers case. continue to work to see our nation Civil Relief Act; H.R. 1006, Captive Wildlife f meet these obligations, and to cele- Safety Act; H.R. 1012, Carter G. Woodson brate the contributions of Native Home National Historic Site Act; S. 686, Poi- NATIONAL MUSEUM OF THE Americans to our great Nation. son Control Center Enhancement and Aware- AMERICAN INDIAN ness Act Amendments; S. 1680, Defense Pro- Mr. FEINGOLD. Mr. President, today duction Act Reauthorization; H.R. 2264, Ms. CANTWELL. Mr. President, I our Nation marks the grand opening of Congo Basin Forest Partnership Act; H.R. rise today to celebrate the opening of the Smithsonian Museum of the Amer- 743, Social Security Protection Act; S. 1881, the National Museum of the American ican Indian. This new museum, the Medical Devices Technical Corrections Act; Indian, the first national museum dedi- first museum opening on the National H.R. 254, Border Environment Cooperation cated to the preservation, study, and Mall since 1987, is truly spectacular, Commission and a North American Develop- exhibition of the life, languages, lit- with awe-inspiring architecture, strik- ment Bank; H.R. 2584, International Fish- erature, history, and arts of the first ing landscaping, and remarkable hold- eries Reauthorization Act. residents of the Americas. This mu- ings that richly reflect the range of Na- 107TH CONGRESS (51 BILLS) seum works in collaboration with the tive American culture and traditions. H.R. 428, Taiwan—World Health Organiza- native peoples of the western hemi- By opening this museum, we have fi- tion; H.R. 1696, World War II Memorial; H.R. sphere to protect and foster their cul- nally recognized the contribution of 801, Veterans’ Opportunities Act (insurance tures by reaffirming traditions and be- coverage); H.R. 2133, 50th Anniversary Com- Native people to our Nation. This rec- memoration—Brown v. Board of Education; liefs, encouraging contemporary artis- ognition is long overdue. H.R. 2510, Defense Production Act Extension; tic expression, and empowering the In- The museum is not simply about the H.R. 768, Need-Based Educational Aid Act; dian voice. And since it was designed history of the American Indian, it is H.R. 10, Railroad Retirement and Survivor’s primarily by Native Americans, it is also a forward-looking museum, which

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9435 recognizes the vitality of tribal life Senator BIDEN and I have improved There being no objection, the mate- throughout the world. This vitality is S. 2781 in the pending amendment by rial was ordered to be printed in the clearly evident in my State of Wis- clarifying several elements. These im- RECORD, as follows: consin, which is home to eleven feder- provements include an update to lan- REMARKS OF SENATOR CARL LEVIN AT THE ally recognized tribal governments: the guage that directly reflects the com- PAUL WARNKE LECTURE ON INTERNATIONAL Brad River Band of Lake Superior ments of Secretary Powell in his dec- SECURITY AT THE COUNCIL ON FOREIGN RE- Chippewa Indians, the Forest County laration of genocide in the Sudan. Fur- LATIONS Potawatomi Indian Community, the ther, the amendment clarifies that nei- Thank you, Alton [Frye, Presidential Sen- Ho-Chunk Nation of Wisconsin, the Lac ther of the regions administered by the ior Fellow Emeritus at the Council on For- Courte Oreilles Band of Lake Superior Government of Sudan nor the SPLM eign Relations]. Your connection with the Chippewa Indians of Wisconsin, the Lac will be authorized to receive assistance Council since 1972 makes you a more endur- ing figure in Washington than just about du Flambeau Band of Lake Superior unless the President certifies that they anybody besides Senator BYRD. Chippewa Indians of Wisconsin, the Me- are complying with specific require- It is a pleasure to be back at the Council, nominee Indian Tribe of Wisconsin, the ments. and an honor to be giving the second annual Oneida Tribe of Indians of Wisconsin, Finally, upon receipt of the testi- Paul Warnke Lecture on International Secu- the Red Cliff Band of Lake Superior mony and reports from Secretary Pow- rity. Paul was a great public servant and a Chippewa Indians, the Sokaogan Chip- ell and the State Department, as well tireless advocate for a wise and balanced ap- pewa (Mole Lake) Community of Wis- as the recent eyewitness account of the proach to international security. I know consin, the St. Croix Chippewa Indians USAID Administrator Natsios, we want there are some members of the Warnke fam- to redouble our commitment to sup- ily here, and I want to start by acknowl- of Wisconsin, and the Stockbridge edging their presence and thanking them for Munsee Community of Wisconsin. port the African Union Mission in joining in the invitation to me. I am proud to represent the members Sudan. The value of the reports from Tonight I want to share some thoughts of Wisconsin’s tribes, many of whom the small African Union Observer with you on the reform of our Intelligence are gathering here to support and par- Force now in Darfur is evident and the Community, which is topic number one in ticipate in this important occasion. international community must recog- the Senate right now. My remarks are sub- The influence of the Native Americans nize its own responsibility in enabling titled ‘‘No more slam-dunks please, where who have lived in Wisconsin for so the African Union to continue in this nuance is needed.’’ many years is evident in the names of assertive and positive role. In my view With the end of the Cold War the greatest threats we face are from terrorists. We are our cities and towns, lakes and rivers, the bill states that the United States less likely to be attacked by nations and ar- and counties and parks. Wisconsin’s should provide, to the extent prac- mies with tanks and missiles, and more like- native peoples’ traditions are part of ticable, all assistance necessary to en- ly to be attacked by terrorists with bombs in who we are and these vibrant commu- sure the African Union Mission in trucks or strapped to their bodies. nities make vast contributions to Wis- Sudan is capable of carrying out its Since terrorists are not deterred by the consin’s culture. mandate. threat of their own destruction, and because Congress authorized the Smith- I urge my colleagues to support this terrorist networks are so diffuse, accurate sonian’s National Museum of the important legislative initiative. intelligence is absolutely essential to pre- American Indian on November 28, 1989 venting terrorist attacks. f The release of the 9/11 Commission’s Re- with passage of the National Museum REMARKS TO THE COUNCIL ON port fueled a debate about how our intel- of the American Indian Act. I con- FOREIGN RELATIONS ligence community should be reformed to gratulate my colleagues, the senior better respond to the terrorist threat. This is Senator from Colorado, Mr. CAMPBELL, Mr. LEVIN. Mr. President, last week, a debate we need to have. But in taking on who championed the creation of this at the invitation of the Council on For- structural reform involving stove-pipes and museum as a member of the other eign Relations and the family of the budget authority, we should not lose sight of body, and the senior Senator from Ha- late Paul Warnke, I gave the second the fundamental problem that was dramati- cally demonstrated not by the pre–9/11 intel- waii, Mr. INOUYE, for their vision in annual Paul Warnke Lecture on Inter- ligence failures but by the pre-Iraq War in- writing the legislation that made this national Security here in Washington. I spoke to the council about the ongo- telligence failures. museum a reality. The intelligence failures before 9/11 related The Museum opens today with a cele- ing efforts here in the Congress to ad- to intelligence agencies not using informa- bration that is expected to draw as dress the issue of the reform of the in- tion they had and not sharing that informa- many as 20,000 Native Americans to telligence community as recommended tion with others. The Report of the 9/11 Com- Washington. Many are calling the by the 9/11 Commission and others. mission retold the story of people in the CIA grand opening today the largest tribal I told the council that to my mind, and FBI, for instance, who failed to do their gathering in history. at least as important as the structural jobs in sharing information. And that Report I commend the Congress and the Na- reforms of our intelligence community, noted the failure to hold anyone account- tion for finally recognizing our Native and arguably even more so, is the need able. But there is no evidence in the more to protect the independence, objec- than 500–page 9/11 Commission Report that people and their past, present, and fu- those failures were caused by inadequate ture contributions to America’s cul- tivity and integrity of intelligence budget power in the Director of Central In- ture, history, and tradition. analyses. Too many times in our past, telligence or his lack of authority to hire f including most recently in the Iraq and fire intelligence personnel in other agen- war, intelligence has been manipulated cies than the CIA. PEACE IN SUDAN and politicized to support a specific The failures to use and share intelligence Mr. LUGAR. Mr. President, today I policy. have begun to be corrected with the forma- submit an amendment in the form of a I am willing to support the creation tion of the Terrorist Threat Integration Cen- substitute to S. 2781. I want to thank of a more powerful National Intel- ter (TTIC). Coordination and sharing might the majority leader for his support of ligence Director with greater authority be further enhanced by creation of a Na- tional Intelligence Director. our efforts to authorize assistance for over intelligence budgets and per- The massive intelligence failures before the Darfur crisis and a final peace in sonnel, but only if this increased power the Iraq War were of a totally different kind. Sudan. I also want to take this oppor- is used to help ensure the accuracy, To a significant degree, they were the result tunity to express my appreciation to independence, objectivity and integrity of the CIA shaping and manipulating intel- Senator BIDEN for his cooperation in of intelligence analyses, and not used ligence to support Administration policy. introducing the bill, as well as in refin- to promote policy. I don’t want a Na- The CIA’s errors were all in one direction, ing its language. tional Intelligence Director to be a invariably making the Iraqi threat clearer Our Committee recently held a his- more powerful ‘‘yes man’’ for the ad- and sharper and more imminent, thereby toric hearing on Sudan. In that hearing ministration in power. promoting the Administration’s determina- Secretary Powell declared Sudan and Mr. President, I ask unanimous con- tion to remove Saddam Hussein from power. Nuances were dropped; a slam-dunk was the the Janjaweed responsible for genocide. sent that the full text of my speech to assessment. This important event reinforced con- the Council on Foreign Relations on The CIA was saying to the Administration gressional concern for African affairs September 13, 2004, be printed in the and to the American people what it thought and pursuing peace in Sudan. RECORD. the Administration wanted to hear.

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9436 CONGRESSIONAL RECORD — SENATE September 21, 2004 The problem of intelligence being manipu- times contradictory.’’ As the Senate Intel- presented to the President in the Oval Office lated and politicized is not new. Forty years ligence Committee report makes clear, DCI on December 21st, 2002: ago, Secretary of Defense McNamara Tenet’s public testimony could lead people ‘‘Bush turned to Tenet. ‘I’ve been told all claimed classified communications inter- to believe incorrectly ‘‘that the CIA believed this intelligence about having WMD and this cepts supported passage of the Gulf of Ton- the training had definitely occurred.’’ is the best we’ve got?’ kin Resolution, which was used by President That Senate Intelligence Committee 500– ‘‘From the end of one of the couches in the Johnson as the legislative foundation for ex- page unanimous report set out dozens of in- Oval Office, Tenet rose up, threw his arms in panding the war in Vietnam. stances like that where the CIA or its lead- the air. ’It’s a slam-dunk case!’ the director Those intercepts proved later to be very ers made statements about Iraq’s WMD of central intelligence said. dubious. Regardless, the presidential deci- which were significantly more certain than ‘‘Bush pressed. ‘George, how confident are sion had been made, and so intelligence was the underlying classified intelligence report- you?’ used to support that decision. ing or than their previous classified state- ‘‘Tenet, a basketball fan who attended as Intelligence was heavily manipulated by ments. many home games of his alma mater George- CIA Director William Casey during the Iran- The first overall conclusion of that Senate town University as possible, leaned forward Contra period. The Iran Contra Report cited Intelligence Committee report is that ‘‘Most and threw his arms up again. ‘Don’t worry, evidence that Director Casey ‘‘misrepre- of the major key judgments in the Intel- it’s slam-dunk!’’ sented or selectively used available intel- ligence Community’s October 2002 National George Shultz’s admonition about the fun- ligence to support the policy he was pro- Intelligence Estimate (NIE), Iraq’s Con- damental need to separate intelligence from moting.’’ tinuing Programs for Weapons of Mass De- policy as the only way to obtain objective The Iran Contra Report urged strongly struction, either overstated or were not sup- and independent intelligence, had been dra- that ‘‘The gathering, analysis, and reporting ported by, the underlying intelligence re- matically proven again. Other experts have of intelligence should be done in such a way porting.’’ reminded us of this point. that there can be no question that the con- The CIA’s efforts to support Administra- Former DCI Judge William Webster told clusions are driven by the actual facts, rath- tion policy instead of doing what they are the Senate Governmental Affairs Committee er than by what a policy advocate hopes supposed to do—which is to inform Adminis- a few weeks ago that: these facts will be.’’ tration policy makers—wasn’t limited to ‘‘With respect to relations with the presi- Former Secretary of State George Shultz, WMD issues. DCI Tenet also helped support dent, while the leader of the intelligence in his memoir Turmoil and Triumph, re- the Administration’s contention that Sad- community must be the principal advisor on called Director Casey’s actions and con- dam Hussein and al Qaeda were closely intelligence to the president, he must work cluded that ‘‘The CIA should have nothing to linked, or as President Bush had said on Sep- hard—very hard—to avoid either the reality do with policy. You have to keep objectivity tember 28, 2002, ‘‘each passing day could be or the perception that intelligence is being in analyses.’’ the one on which the Iraqi regime gives an- framed—read ‘‘spun’’—to support a foreign History repeated itself with the pre-war thrax or VX nerve gas or someday a nuclear policy of the administration.’’ Iraq intelligence. Before the war, top admin- weapon to a terrorist group.’’ This took a Former chief weapons inspector David Kay istration officials asserted that Saddam Hus- special contortion on DCI Tenet’s part be- put it this way before the Senate Intel- sein definitely had weapons of mass destruc- cause the CIA’s then-classified analysis was ligence Committee: tion and had close links to the al Qaeda ter- that there were no significant links between ‘‘Intelligence must serve the nation and rorists who had attacked us on 9/11. Saddam Hussein and al Qaeda. speak truth to power even if in some cases The President said in March of 2002 that Here is some background on that: on Octo- elected leaders chose, as is their right, to ‘‘[Saddam Hussein] possesses the world’s ber 7, 2002, at our request, the CIA in a letter disagree with the intelligence with which most dangerous weapons.’’ to the Senate Intelligence Committee declas- they are presented. This means that intel- The Vice President in August of 2002 said sified its assessment and indicated Iraq was ligence should not be part of the political ap- ‘‘. . . we know that Saddam has resumed his unlikely to provide WMD to terrorists, and paratus or process.’’ efforts to acquire nuclear weapons. Many of that providing WMD to terrorists would be How does all of this affect the pending con- us are convinced that Saddam will acquire an ‘‘extreme step’’ for Saddam Hussein, like- sideration of intelligence reform? I have the nuclear weapons fairly soon.’’ ly to be taken by him only in response to an good fortune (I guess) to be the only Senator National Security Advisor Rice said on attack against him by us. However, DCI to serve on all three Senate Committees September 8, 2002 that ‘‘We do know that Tenet told the New York Times that there which are considering intelligence reform there have been shipments going . . . into was ‘‘no inconsistency’’ between the views in legislation issues. We have held about 10 Iraq, for instance, of aluminum tubes that that CIA letter and the President’s views on hearings since the 9/11 Commission report really are only suited . . . for nuclear weap- the subject. His statement was clearly incor- was presented, and are expected to have leg- ons programs, centrifuge programs.’’ rect, but it supported the Administration by islation prepared for the Senate by October. A few weeks later, Secretary of Defense trying to blur the inconsistency. The Senate Most of the focus so far has been on fixing Rumsfeld said that ‘‘Very likely all they voted on the authorization to use force a few the pre–9/11 type failures; that is, the failures need to complete a weapon is fissile mate- days later on October 11. of information sharing and coordination. rials—and they are, at this moment, seeking And the CIA went along with the Adminis- To my mind, at least as important as the that material—both from foreign sources and tration’s repeated references to a reported structural reforms, and arguably even more the capability to produce it indigenously.’’ meeting in Prague between an Iraqi intel- so, is the need to protect the independence, On September 19th, 2002, Secretary Rums- ligence officer and the lead hijacker in April objectivity and integrity of intelligence feld said that Saddam Hussein ‘‘has, at this of 2001. At a hearing in February of this year, analyses. moment, stockpiles of chemical and biologi- I asked Director Tenet about that alleged I am willing to support the creation of a cal weapons, and is pursuing nuclear weap- meeting. He told me that the CIA had ‘‘not more powerful National Intelligence Direc- ons.’’ gathered enough evidence to conclude that it tor, with greater authority over intelligence Regarding al Qaeda links to Saddam Hus- happened,’’ and that ‘‘I don’t know that it budgets and personnel, but only if this in- sein, President Bush made the unqualified took place. I can’t say that it did.’’ What he creased power is used to help ensure the ac- link between al-Qaeda and Saddam Hussein neglected to say, again bending over back- curacy, independence, objectivity and integ- on September 25th, 2002, when he said ‘‘you wards to protect Administration policy, was rity of intelligence analyses, and not used to can’t distinguish between al-Qaeda and Sad- that the CIA did not believe the meeting had promote policy. I don’t want a National In- dam when you talk about the war on terror.’’ happened. He finally acknowledged that pub- telligence Director to be a more powerful Following those kind of strong public licly a few weeks ago when the CIA said that ‘‘yes man’’ for the Administration in power. statements of senior administration leaders, there was an ‘‘absence of any credible infor- One way to promote more objective and qualifications and cautious words in previous mation that the April 2001 meeting oc- independent intelligence is to put Congress Intelligence Community reports were curred.’’ on a roughly equal basis with the executive dropped, and intelligence was shaped more Again, in all of these cases, and many oth- branch as a primary consumer of intel- and more to reflect and support the cer- ers, where public statements of the CIA var- ligence. The National Intelligence Director tainty of the administration’s policy state- ied from the underlying classified intel- and the entire Intelligence Community must ments. ligence before the war, the Iraqi threat be- understand that their analyses are just as For instance, on February 11, 2003, DCI came clearer and more dire and the presence much for Congress as for the President. It Tenet publicly stated, as though it were fact, of WMD more certain. In public statements also means that senior intelligence leaders that Iraq ‘‘has provided training in poisons and reports, the CIA leadership had effec- should be subject to Senate confirmation. and gases to two al-Qaida associates.’’ How- tively become a political arm of the White And it surely means that the National Intel- ever, in his then-classified testimony on Sep- House. There is no other explanation which ligence Director should not be established in tember 17, 2002, which reflected the under- has any ring of truth. the Cabinet or in the Executive Office of the lying intelligence analysis, Director Tenet That is not the only rational inference. It President. acknowledged that the information on train- also has some explicit evidentiary support. And giving both the Chairman and Vice ing was ‘‘from sources of varying reli- You remember the scene in Bob Woodward’s Chairman of the House and Senate Intel- ability.’’ The underlying intelligence also ac- book, Plan of Attack, after the Intelligence ligence Committees the power to obtain doc- knowledged that the information was ‘‘at Community’s case regarding Iraqi WMD was uments and initiate investigations—much

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9437 like the current Permanent Subcommittee children, whom they had previously SUPPORTING CHILDREN IN CRISIS on Investigations of the Governmental Af- adopted. They soon became aware of fairs Committee—would also strengthen con- Mr. GRASSLEY. Mr. President, I rise four siblings who were in need of a lov- today to give praise to a great non- gressional oversight. ing permanent home and who did not The bottom line is that terrorism is cur- profit organization, Santa’s Children rently our number one threat, and intel- want to face separation. Pam and Mor- Christmas Village, run by Orien Hodges ligence is our most essential tool to deal gan adopted them, too, bringing to six in Walnut, IA. This organization has with that threat. Before we create a stronger the total number of children in their been supporting children in crisis for National Intelligence Director, in a position home under the age of five. Later, they years both by raising money for other which has too often produced intelligence adopted another ‘‘sibling group’’ of nonprofit organizations dedicated to shaped to promote policy, we must take three children, and they have been on children in crisis and by organizing steps to ensure that a strengthened National the go ever since! Intelligence Director—and indeed our entire Santa visits to bring joy to children, Intelligence Community—is free to provide True leaders in their community, helping them escape briefly from the objective, independent intelligence analyses. Pam and Morgan have been involved in reality of serious illness. Santa’s Chil- Our future security depends on it. a number of charitable organizations dren Christmas Village has been able f within West Virginia, and were named to visit over 7,500 children in Iowa as West Virginia Parent Teachers’ Asso- well as neighboring states since the LOCAL LAW ENFORCEMENT ACT ciation’s Partners in Education for program started in 1998. OF 2003 1999–2000. And, eleven years after Santa’s Children Christmas Village is Mr. SMITH. Mr. President, I rise adopting their first sibling group, Pam currently expanding its efforts to help today to speak about the need for hate and Morgan opened a ‘‘no-kill’’ animal underprivileged children by working crimes legislation. On May 1, 2003, Sen- shelter, which they named Webark Es- with a fellow organization, Kids In Dis- ator KENNEDY and I introduced the tates. Their examples of selflessness tressed Situations, Inc. KIDS’s main Local Law Enforcement Enhancement and commitment have not been lost on goal is to prevent the cycle of poverty Act, a bill that would add new cat- the youngest members of their fam- that is started in childhood from con- egories to current hate crimes law, ily—each of their children now helps at tinuing into adulthood. KIDS has been sending a signal that violence of any the shelter in some capacity, and it has successful in its efforts because of the kind is unacceptable in our society. become a labor of love for all of the help it receives from leading retailers, In September 2004, Michael Hughes, a Lacefields. It is a lucky child who can manufacturers, licensors and other 58-year old man, was arrested after he claim over 20 dogs and 80 cats as his charity organizations such as Santa’s verbally assaulted a man he believed pets, and it is a luckier child still who Children Christmas Village. I am proud was gay, then slashed him repeatedly can claim Pam and Morgan Lacefield of the efforts of my fellow Iowans and with a small knife. Upon checking his as parents. As you can see, they are the organizations that they are work- rap sheet, police discovered that clearly ‘‘angels.’’ ing with in order to better the lives of Hughes was wanted in Baltimore for children in America. The Angels in Adoption Award recog- the 1974 Christmas Eve killing of an- nizes individuals like the Lacefields f other man. who open their hearts and homes to ENDORSEMENT OF THE PUBLIC I believe that the Government’s first children in foster care. On September SAFETY OFFICERS’ DEFENSE ACT duty is to defend its citizens, to defend 23, the Lacefields and other Angels will them against the harms that come out Mr. KYL. Mr. President, I ask unani- come to Washington in order to be rec- of hate. The Local Law Enforcement mous consent that the following letter ognized for their good works. The Enhancement Act is a symbol that can be printed in the RECORD. The letter Lacefield family and the other Angel in become substance. I believe that by expresses the strong support of the Adoption nominees from around the passing this legislation and changing Fraternal Order of Police for S. 2760, country can help inspire everyone to current law, we can change hearts and the Public Safety Officers’ Defense continue efforts to ensure that every minds as well. Act. child has a safe, healthy, and perma- There being no objection, the mate- f nent home and that, for some children, rial was ordered to be printed in the WEST VIRGINIA’S 2004 ANGELS IN this is only possible through adoption. RECORD, as follows: ADOPTION I have worked for many years in bi- GRAND LODGE, FRATERNAL ORDER OF POLICE, Mr. ROCKEFELLER. Mr. President, partisan coalitions to promote adop- tion and improved services for abused Washington, DC, September 17, 2004. today I wish to recognize a very special Hon. JON KYL, family from my home state of West and neglected children. While these issues rarely command headlines, they U.S. Senate, Virginia. I am delighted that Pam and Washington, DC. Morgan Lacefield of Moundsville, WV, change the lives of children and fami- DEAR SENATOR KYL: I am writing on behalf will be recognized later this month as lies across our country. People like the of the membership of the Fraternal Order of ‘‘Angels in Adoption,’’ a special award Lacefields and programs like Angels in Police to advise you of our strong support created by the Congressional Adoption Adoption remind us of the importance for S. 2760, the ‘‘Public Safety Officers’ De- of our adoption and child welfare pro- fense Act,’’ which will restore balance to the Caucus. criminal justice system by ensuring a rea- I would like to take a moment to tell grams. In 1997, Congress passed the Adoption and Safe Families Act to en- sonable and timely Federal review of State you more about Pam, Morgan, and the convictions for the murder of a law enforce- entire Lacefield family. Pam and Mor- sure that a child’s health and safety ment officer. gan Lacefield are the proud parents of are paramount, and to express the be- This issue is of particular importance to nine wonderful children. This large, lief that every child deserves a perma- the F.O.P. because we have, tragically, first- loving bunch is typical of many: they nent home. Since then, adoptions from hand knowledge of how such delays affect are involved in a host of sports and ac- foster care have nearly doubled. While the families of slain officers. One case in par- this is wonderful news, more than ticular always comes to mind—the slaying of tivities. They do homework. They Philadelphia Police Officer Daniel Faulkner enjoy family meals together. There is 100,000 children remain in foster care. As the Lacefields and other adoptive on 9 December 1981. He was murdered in cold- one quality, however, that makes the blood by Wesley Cook, who is better known Lakefield family special: Pam and Mor- parents would tell us, we clearly have by his alias, Mumia Abu-Jamal. This killer gan have adopted every one of their more work to do. was convicted of murder and sentenced to nine children. It is not surprising that Mr. President, I am delighted to have death by a jury in July 1982. After exhaust- such a loving couple would also run a had this opportunity to tell you more ing nearly all State appeals, and having had shelter for homeless animals with no about the Lacefield family. I have long two appeals to the U.S. Supreme Court re- jected, Faulkner’s murderer filed a petition where else to turn. believed that the people of West Vir- for habeas corpus in October 1999. Just days In 1991, Pam and Morgan were man- ginia are its greatest resource; individ- after marking the twentieth anniversary of aging a successful group of restaurants uals such as the Lacefields prove this Danny Faulkner’s death, Judge William that they owned while also raising two point again and again. Yohn of the United States District Court for

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9438 CONGRESSIONAL RECORD — SENATE September 21, 2004 the Eastern District of Pennsylvania issued Within 2 years of its formation the Rehabilitation Research Center at the a ruling upholding the conviction, but threw Air Force Academy Drum and Bugle Gainesville VAMC. That year, Dr. Gon- out the death sentence on a technicality. Corps was increased to 38 members, and zalez-Rothi obtained the first rehabili- The case was appealed to the U.S. Third Cir- its mission was extended nationwide to tation research and development grant cuit Court of Appeals on 28 December 2001. While the case remains on the docket, include concerts, field exhibitions, from VA to start the Brain Rehabilita- Danny’s killer is alive and on death row. As music festivals, and various military tion Research Center. At the center, his widow Maureen will tell you, this is not ceremonies. The Corps entertained au- UF scientists study combinations of justice. diences from coast to coast with a drugs and rehabilitation techniques in Your legislation would require that, fol- blend of precision drill and musical people who have suffered strokes, fo- lowing State court and U.S. Supreme Court pageantry. In 1972, the Enlisted Corps cusing their efforts on rehabilitating certiorari reviews are completed, district was disbanded and students from the patients and teaching them to relearn courts review cases within fifteen months Air Force Academy formed the Cadet lost abilities. This new mission will ex- and circuit courts rule within 120 days. This means that, absent the granting of a full re- Drum and Bugle Corps, which con- plore the ways doctors can actually view of the case by the U.S. Supreme Court, tinues the tradition of providing musi- help heal the injury and is part of the that Federal review of cop-killers’ appeals cal support of cadet wing activities, as July renewal of a 5-year, $4.25 million would be completed, in most cases, within a well as participation in community ac- rehabilitation research and develop- two year period. tivities nationwide. ment grant to the center. In addition The bill also incorporates an existing pro- I take this opportunity to thank the to the grant, the Gainesville VAMC vision of the Federal habeas statute that is distinguished members of the Air Force will provide nearly 4,000 square feet of used to determine whether a defendant may Drum and Bugle Corps for their dedica- laboratory space in its medical center file a successive petition or seek a new evi- dentiary hearing in Federal court. Thus, tion and commitment to the Academy to support the effort. once a convicted cop-killer’s case arrives in and to our country. This new partnership between VA the Federal courts, they would only be able f and UF is a shining example of what either to offer new evidence of innocence or VA can and will accomplish through its ADDITIONAL STATEMENTS to give a good reason why he failed to impressive research capabilities, espe- present such evidence earlier, thus barring cially with the help of its university af- defendants from simply relitigating evidence VA AND UF JOIN FORCES TO HELP filiates. The strides that result from that already was presented or should have the Translational Research in Reha- been presented at trial. STROKE VICTIMS bilitation Initiative will significantly Assaults on law enforcement officers, in- ∑ Mr. GRAHAM of Florida. Mr. Presi- cluding those which result in the death of improve patient care for the entire Na- dent, the Department of Veterans’ Af- tion, making a difference in the lives of the officer, are on the rise, and so is the fairs, VA, has a long and distinguished length of time a convicted cop-killer will re- veterans, as well as the general public. main on death row while his appeals are history of collaboration with various I am very proud that this project is processed. The murder of a law enforcement universities across the country. No being conducted in my home State of officer is a heinous crime—every State that such partnership has yielded more suc- Florida.∑ has the death penalty allows juries to impose cessful results than that between the on those convicted of killing an officer. And Malcom Randall VA Medical Center, f yet, if the death penalty is not imposed in a VAMC, in Gainesville, FL, and the Uni- reasonable amount of time, after all the re- versity of Florida, UF. In keeping with quirements of due process are met and guilt their long history together, these two IN HONOR OF MASTERFOODS USA is certain, then it does not have any mean- CHICAGO PLANT 75TH BIRTHDAY ing, either as a deterrent or a punishment. notable institutions announced on July Your legislation correctly addresses this 6, 2004, that they will be working to- ∑ Mr. DURBIN. Mr. President, today I problem for what most recognize to be one of gether to help stroke victims. offer congratulations to Masterfoods the most serious crimes—killing a cop. The Translational Research in Reha- USA on the 75th birthday of their On behalf of the more than 318,000 members bilitation Initiative, as it has been candy plant in Chicago, IL. of the Fraternal Order of Police, I applaud named, is a $2.7 million effort to im- Masterfoods is the U.S. division of you for your leadership on this issue and prove the lives of those who have suf- Mars, Incorporated. look forward to working with you and your fered from strokes and other brain in- Chicago is America’s candy capital. staff to see it signed into law. If I can be of any further assistance, please do not hesi- juries. Its goal is to drastically shorten Since 1929, the hard-working folks at tate to contact me or Executive Director the time between scientific discovery the Masterfoods plant in Chicago have Jim Pasco at my Washington Office. and the development of therapies used been making our world sweeter. Sincerely, for the treatment of these patients. The plant is the birthplace of the CHUCK CANTERBURY, Currently, an average of 17 years go by world’s best-selling candy bar—the National President. before discoveries in clinical trials are Snickers bar as well as home to other f routinely incorporated into medical favorites, including the Milky Way and treatment. 3 Musketeers bars. Today, the THE AIR FORCE ACADEMY DRUM Previous thinking was that the ma- Masterfoods USA Chicago plant pro- AND BUGLE CORPS ture nervous system could not be re- duces 20 percent of all Masterfoods Mr. ALLARD. Mr. President, I rise paired after injury. Since 1990, how- USA candy bars about 30 million bars a today to recognize the commendable ever, scientists have known this is not day. record of the Air Force Academy Drum true. As such, the joint initiative will Much like Chicago, the Masterfoods and Bugle Corps. The Air Force Acad- utilize the advanced skills of UF sci- plant has been in a constant state of emy Drum and Bugle Corps was estab- entists and physicians to translate dis- renewal and investment, and is as con- lished in 1959, as a unit of the Air Force coveries from animal research into temporary today as it was when it Academy Band. The Corps was made up quicker ways of reconstructing the opened in 1929. Built on a site that was of enlisted musicians and included six damaged human nervous system. With previously a golf course, the plant is drummers, nine buglers, a drum major VA’s assistance, UF also will recruit unlike other factories, with a pictur- and a noncommissioned officer in three new faculty members, whose goal esque, high-windowed Spanish-style charge. The mission of the Corps was will be to accelerate brain-injury re- structure featuring a rich red tile roof to act as a relief group for the Air search to find combinations of drugs and tinted walls. Force Academy Band. Activities of the and rehabilitation therapies that will When it opened in 1929, the plant em- band included playing for the cadet help stroke victims. ployed about 200 workers. Today, the morning and evening chow formations The project is an extension of re- plant employs about 500 associates, 10 and to practice marching. This addi- search that began 1999 with Leslie Gon- percent of whom have a relative who tion to the Air Force Academy Band zalez-Rothi, Ph.D., a neurology pro- formerly worked there. There are even helped to complete musical require- fessor associated with UF’s Evelyn F. three people working at the plant ments for the cadet wing military for- and William L. McKnight Brain Insti- today who are third-generation plant mations. tute and program director of the Brain associates.

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9439 Beyond creating and retaining jobs, In addition to Beale’s history-mak- Mr. Deshur has also been an active Masterfoods USA is committed to com- ing, record-breaking contributions to philanthropist for children’s causes, in- munity involvement. Each year at Hal- the United States’ combat efforts, it cluding the Albert and Ann Deshur loween, more than 500 costumed chil- also worked to improve in other areas. Rainbow Day Camp at the Jewish Com- dren from the surrounding neighbor- Beale Air Force Base took a lead role munity Center of Milwaukee. He is a hood converge on the plant to trick-or- in its $180 million housing privatiza- prominent member of the Jewish com- treat. The company also donates equip- tion efforts for 1,344 homes in conjunc- munity of Milwaukee, founding mem- ment to Chicago Shriners Hospital for tion with $114 million in base-wide im- ber and major benefactor of Temple Children and provides 25 district police provements and $56 million in RQ–4A Shalom and a generous and consistent stations with candy for community Global Hawk bed down initiatives. In supporter of the Milwaukee Jewish outreach. In all, the Masterfoods USA recognition of their outstanding per- Federation for many years. Chicago plant assists more than 100 formance, individual and team awards I thank Mr. Deshur for his many con- community programs each year. This included: United States Air Force Air tributions to the city of Milwaukee and is a company that has not just been an Force Outstanding Unit Award; United I join his many friends and family in employer, it has also been a good States Air Force Maintenance Effec- celebration as we honor Mr. Deshur on neighbor. tiveness Award; United States Air his 90th birthday. He is the very best Today I wish to honor the 75th birth- Force Twelve Outstanding Airmen of Milwaukee and Wisconsin has to offer, day of the Masterfoods USA Chicago the Year Award; United States Air and I wish him good health and contin- Plant. Their success is a point of pride Force Explosives Safety Plaque; 33 Air ued happiness.∑ for Chicago and the State of Illinois. Combat Command award; United f May their future be as sweet as their States Strategic Command’s Omaha CORDELL BANK NATIONAL MA- past.∑ Trophy; and, Eight Numbered Air RINE SANCTUARY: IN HONOR OF f Force awards. The men and women of Beale Air ITS 15TH ANNIVERSARY BEALE AIR FORCE BASE: AIR Force Base have set the Air Force ∑ Mrs. BOXER. Mr. President, I wish to FORCE EXCELLENCE standard for installation excellence. By recognize and share with my colleagues ∑ Mrs. BOXER. Mr. President, I rise embracing the Air Force core values of an important milestone for Cordell today to recognize Beale Air Force ‘‘Integrity First, Service Before Self, Bank National Marine Sanctuary. The Base as the United States Air Force and Excellence in All We Do,’’ Team sanctuary will observe its 15th anniver- winner of the 2004 Commander in Beale used creative innovations to es- sary on October 2. Chief’s Installation Excellence Award. tablish themselves as the best of the Cordell Bank National Marine Sanc- This award recognizes the outstanding best. It is with great pleasure that I tuary was established in 1989 when a efforts of the people who operate and congratulate Beale Air Force Base on House joint resolution was signed by maintain Department of Defense in- the receipt of the prestigious Com- the President. I was pleased to be an stallations and who best utilize their mander in Chief’s Installation Excel- original cosponsor of the resolution resources to support the mission. In lence Award.∑ which was sponsored by Congressman recognition of this prestigious accom- f Doug Bosco. plishment, Team Beale has been award- The sanctuary encompasses 530 ed $1 million for quality of life im- ALBERT M. DESHUR’S 90TH square miles of marine waters, off the provements. BIRTHDAY coast of Point Reyes National Sea- The Commander in Chief’s Installa- ∑ Mr. KOHL. Mr. President, I rise shore, about 45 miles north of San tion Excellence Award recognizes the today to honor Albert M. Deshur on his Francisco. The boundary includes a best United States Military installa- 90th birthday. I commemorate Mr. unique granite bank, the Cordell Bank, tions worldwide, demonstrating inno- Deshur as a prominent leader, busi- and is located along the continental vative programs that help sustain ex- nessman, and philanthropist, who has shelf. cellent base operations. Each base was long served the community of Mil- The sanctuary encompasses excep- evaluated in the following categories: waukee. tional and diverse marine life, both improving work environment or phys- Mr. Deshur, as a lifelong community above and below the surface, providing ical plant; improving quality of life; leader and self-made man, has set the a home for resident marine species and enhancing productivity of the work standard for integrity, pride, conscien- a destination feeding ground for many force; increasing customer satisfaction tiousness, reliability, honesty and migratory marine mammals, fish and or improving customer service; encour- character, while at the same time al- seabirds. aging bottom-to-top communication ways maintaining a sense of balance Twenty-six marine mammal species and team problem solving; promoting through his earnestness and sense of live in the waters of Cordell Bank Na- unit cohesiveness and recognizing out- responsibility to provide for the com- tional Marine Sanctuary as do over 250 standing individual efforts; and, pro- munity around him. fish species. It is among the most im- moting environmental safety, compli- In honor of Mr. Deshur’s 90th birth- portant feeding grounds in the world ance, remediation, and stewardship. day, I acknowledge his many contribu- for the endangered Humpback and Blue In fiscal year 2003, Team Beale estab- tions to the City of Milwaukee. In 1948, whales. It also serves as a crucial for- lished itself as the benchmark for the Mr. Deshur founded the Deshur Homes aging area for resident, migratory and United States Air Force. Teamwork company in Milwaukee, WI, where he seabound birds. In fact, Cordell Bank was Beale’s cornerstone among the currently serves as chairman of the National Marine Sanctuary is other- core units, associate units, and the ci- board. Through his hard work and dedi- wise known as the ‘‘Albatross capital vilian community as they embraced cation, he has been responsible for of the Northern Hemisphere.’’ the Installation Commander’s motto, master planning and developing over In the 15 years since the sanctuary ‘‘One Team, One Fight.’’ Beale Air 2,000 acres of land, building more than was established, threats to the Cordell Force Base put intelligence, surveil- 7,000 single-family homes, and devel- Bank and other points along our coast lance, and reconnaissance on the offen- oping many multi-family and commer- have grown. California’s population has sive with an unprecedented 3,450 sor- cial projects. Twelve years later, Mr. continued to increase near the coast, ties, 1,175 combat missions, and 13,300 Deshur founded the Hampton State and oil and gas exploration proposals combat hours during Operations En- Bank, located in Milwaukee, where he continue to threaten our marine eco- during and Iraqi Freedom. Team Beale served as president and chief executive systems. led coalition forces in battle space officer providing thousands of cus- Because of these threats, I believe preparation and time-critical targeting tomers a bank they could trust. His preserving and celebrating our pro- by producing more than 89,000 imagery commitment to the city has provided tected areas off the California coast is products and 25,000 special intelligence the people of Milwaukee great opportu- particularly important. Since the products for two combatant com- nities that would not have been pos- Cordell Bank National Marine Sanc- manders. sible without his vision. tuary was established, the sanctuary’s

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9440 CONGRESSIONAL RECORD — SENATE September 21, 2004 resources have grown with it, providing the Senate by Ms. Evans, one of his MEASURES READ THE FIRST TIME better protection for the sanctuary’s secretaries. The following bill was read the first future. Staff has increased from one to time: five and a half full time employees. f S. 2823. A bill to provide for the adjustment The staff now has an office, a sea- EXECUTIVE MESSAGES REFERRED of status of certain foreign agricultural bound vessel, monitoring programs, an workers, to amend the Immigration and Na- advisory council and a new manage- As in executive session the Presiding tionality Act to reform the H–2A worker pro- ment plan to serve the sanctuary and Officer laid before the Senate messages gram under that Act, to provide a stable, its mission into the future. from the President of the United legal agricultural workforce, to extend basic I applaud everyone who has worked States submitting sundry nominations legal protections and better working condi- to protect the marine ecosystems of which were referred to the appropriate tions to more workers, and for other pur- poses. the Cordell Bank National Marine committees. Sanctuary, and I wish the sanctuary (The nominations received today are f staff and volunteers many years of on- printed at the end of the Senate pro- EXECUTIVE AND OTHER going success in protecting the Cali- ceedings.) COMMUNICATIONS fornia coastal environment. Please join me in celebrating the 15th Anniversary f The following communications were of Cordell Bank National Marine Sanc- laid before the Senate, together with tuary.∑ REPORT DECLARING THE CON- accompanying papers, reports, and doc- f TINUATION OF THE NATIONAL uments, and were referred as indicated: EC–9338. A communication from the Chair- DOROTHY HUGHES: IN MEMORIAM EMERGENCY WITH RESPECT TO PERSONS TO COMMIT, THREAT- man, Farm Credit System Insurance Cor- ∑ Mrs. BOXER. Mr. President, I honor EN TO COMMIT, OR SUPPORT poration, transmitting, pursuant to law, the Corporation’s annual report for calendar and share with my colleagues today TERRORISM—PM 95 the memory of a very special woman, year 2003; to the Committee on Agriculture, Dorothy Hughes of Marin County, who The PRESIDING OFFICER laid be- Nutrition, and Forestry. died July 25, 2004. She was 80 years old. fore the Senate the following message EC–9339. A communication from the Assist- Dorothy Hughes was born on her par- from the President of the United ant General Counsel for Legislative and Reg- States, together with an accompanying ulatory Law, Office of Energy Efficiency and ents’ sheep ranch in Woodland, CA in Renewable Energy, Department of Energy, 1923. As a young girl, she attended the report; which was referred to the Com- transmitting, pursuant to law, the report of Hamlin School in San Francisco and in mittee on Banking, Housing, and a rule entitled ‘‘Energy Conservation Pro- 1943 she graduated from Stanford Uni- Urban Affairs: gram for Consumer Products: Central Air versity. She went on to earn her mas- To The Congress of the United States: Conditioners and Heat Pumps Energy Con- servation Standards’’ (RIN1904–AB46) re- ter’s degree in European history at Section 202(d) of the National Emer- California State University at Sac- ceived on September 14, 2004; to the Com- gencies Act (50 U.S.C. 1622(d)) provides mittee on Energy and Natural Resources. ramento. for the automatic termination of a na- Dorothy Hughes was a lifelong cham- EC–9340. A communication from the Assist- tional emergency unless, prior to the ant Secretary for Fish, Wildlife, and Parks, pion of humanitarian causes. Envi- anniversary date of its declaration, the Department of the Interior, transmitting, sioning a ‘‘world that works for all of President publishes in the Federal Reg- pursuant to law, the report of a rule entitled us,’’ she campaigned tirelessly for ister and transmits to the Congress a ‘‘Emergency Rule: Endangered and Threat- peace and social justice. Dorothy also notice stating that the emergency is to ened Wildlife and Plants; Establishment of deeply felt the need to ensure decent an Additional Manatee Protection Area in continue in effect beyond the anniver- health and social services for her com- Lee County, Florida’’ (RIN1018–AT65) re- munity, and her unwavering dedication sary date. In accordance with this pro- ceived on August 11, 2004; to the Committee left a legacy of community-based vision, I have sent the enclosed notice, on Environment and Public Works. health organizations in Marin County. stating that the national emergency EC–9341. A communication from the Assist- ant Secretary for Fish, Wildlife, and Parks, In addition to founding the Campaign with respect to persons who commit, threaten to commit, or support ter- Department of the Interior, transmitting, for a Healthier Community for Chil- pursuant to law, the report of a rule entitled dren, Marin Suicide Prevention Center rorism is to continue in effect beyond September 23, 2004, to the Federal Reg- ‘‘Endangered and Threatened Wildlife and and Marin Family Action, she also Plants; Final Designation of Critical Habitat served as executive director of the ister for publication. The most recent for the Topeka Shiner’’ received on August Marin Association of Mental Health for notice continuing this emergency was 11, 2004; to the Committee on Environment more than two decades. Throughout published in the Federal Register on and Public Works. her life, Dorothy remained committed September 22, 2003 (68 FR 55189). EC–9342. A communication from the Assist- to her convictions, often in the face of The crisis constituted by the grave ant Secretary for Fish, Wildlife, and Parks, acts of terrorism and threats of ter- Department of the Interior, transmitting, powerful opposition. pursuant to law, the report of a rule entitled Dorothy Hughes was recognized nu- rorism committed by foreign terror- ists, including the terrorist attacks in ‘‘Endangered and Threatened Wildlife and merous times for her invaluable con- Plants; Designation of Critical Habitat for tributions to the community. The New York, in Pennsylvania, and Astragalus Magdalene var. peirsonii Human Rights Commission’s Martin against the Pentagon committed on (Peirson’s milk-vetch)’’ received on August Luther King, Jr. Humanitarian Award, September 11, 2001, and the continuing 11, 2004; to the Committee on Environment and induction into the Marin Women’s and immediate threat of further at- and Public Works. Hall of Fame are among the many hon- tacks on United States nationals or the EC–9343. A communication from the Dep- ors she received. United States that led to the declara- uty Associate Administrator, Environmental A dynamic figure in Marin County, tion of a national emergency on Sep- Protection Agency, transmitting, Agency- tember 23, 2001, has not been resolved. issued documents related to its regulatory Dorothy touched countless lives during programs; to the Committee on Environment the 35 years she resided there. She was These actions pose a continuing un- and Public Works. a deeply-loved member of the commu- usual and extraordinary threat to the EC–9344. A communication from the Regu- nity whose courage and conviction in- national security, foreign policy, and lations Coordinator, Centers for Medicare spired others, and she will be greatly economy of the United States. For and Medicaid Services, Department for missed. We take comfort in the knowl- these reasons, I have determined that Health and Human Services, transmitting, edge that future generations will ben- it is necessary to continue the national pursuant to law, the report of a rule entitled efit from Dorothy’s dedication, vision emergency declared with respect to ‘‘Medicare Program; Medicare Part B Month- ∑ persons who commit, threaten to com- ly Actuarial Rates. Premium Ratio, and An- and leadership. nual Deductible Beginning January 1, 2005’’ f mit, or support terrorism, and main- (RIN0938–AN18) received on September 9, tain in force the comprehensive sanc- MESSAGES FROM THE PRESIDENT 2004; to the Committee on Finance. tions to respond to this threat. EC–9345. A communication from the Dep- Messages from the President of the GEORGE W. BUSH. uty Associate Administrator, Environmental United States were communicated to THE WHITE HOUSE, September 21, 2004. Protection Agency, transmitting, pursuant

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9441 to law, the report of a rule entitled ‘‘Ap- S. 1530. A bill to provide compensation to By Mr. CRAIG (for himself and Mr. proval and Promulgation of Operating Per- the Lower Brule and Crow Creek Sioux KENNEDY): mits Program; State of Kansas’’ (FRL#7793– Tribes of South Dakota for damage to tribal S. 2823. A bill to provide for the adjustment 6) received on August 6, 2004; to the Com- land caused by Pick-Sloan projects along the of status of certain foreign agricultural mittee on Environment and Public Works. Missouri River (Rept. No. 108-355). workers, to amend the Immigration and Na- EC–9346. A communication from the Dep- By Mr. HATCH, from the Committee on tionality Act to reform the H-2A worker pro- uty Associate Administrator, Environmental the Judiciary, without amendment: gram under that Act, to provide a stable, Protection Agency, transmitting, pursuant S. 2742. A bill to extend certain authority legal agricultural workforce, to extend basic to law, the report of a rule entitled ‘‘Ap- of the Supreme Court Police, modify the legal protections and better working condi- proval and Promulgation of Operating Per- venue of prosecutions relating to the Su- tions to more workers, and for other pur- mits Program; State of Nevada, Clark Coun- preme Court building and grounds, and au- poses; read the first time. ty Department of Air Quality Management’’ thorize the acceptance of gifts to the United By Mr. SCHUMER: (FRL#7795–7) received on August 6, 2004; to States Supreme Court. S. 2824. A bill to exclude from income cer- the Committee on Environment and Public f tain wages of spouses of members of the Works. Armed Forces serving in combat zones; to EC–9347. A communication from the Dep- EXECUTIVE REPORT OF the Committee on Finance. uty Associate Administrator, Environmental COMMITTEE By Mr. BOND: Protection Agency, transmitting, pursuant S. 2825. An original bill making appropria- to law, the report of a rule entitled ‘‘Ap- The following executive report of tions for the Departments of Veterans Af- proval and Promulgation of Operating Per- committee was submitted: fairs and Housing and Urban Development, mits Program; State of Iowa’’ (FRL#7793–8) By Mr. ROBERTS for the Selected Com- and for sundry independent agencies, boards, received on August 6, 2004; to the Committee mittee on Intelligence. commissions, corporations, and offices for on Environment and Public Works. * Porter J. Goss, of Florida, to be Director the fiscal year ending September 30, 2005, and EC–9348. A communication from the Dep- of Central Intelligence. for other purposes; from the Committee on uty Associate Administrator, Environmental * Nomination was reported with rec- Appropriations ; placed on the calendar. Protection Agency, transmitting, pursuant ommendation that it be confirmed subject to By Mr. DEWINE: to law, the report of a rule entitled ‘‘Na- the nominee’s commitment to respond to re- S. 2826. An original bill making appropria- tional Ambient Air Quality Standards for quests to appear and testify before any duly tions for the government of the District of Particulate Matter’’ (FRL#7794–1) received constituted committee of the Senate. Columbia and other activities chargeable in on August 6, 2004; to the Committee on Envi- whole or in part against the revenues of said f ronment and Public Works. District for the fiscal year ending September EC–9349. A communication from the Assist- 30, 2005, and for other purposes; from the ant Secretary, Legislative Affairs, Depart- INTRODUCTION OF BILLS AND Committee on Appropriations; placed on the ment of State, transmitting, pursuant to JOINT RESOLUTIONS calendar. law, the report of a rule entitled ‘‘Schedule The following bills and joint resolu- of Fees for Consular Services; Exemption tions were introduced, read the first f from the Nonimmigrant Visa Application and second times by unanimous con- SUBMISSION OF CONCURRENT AND Processing Fee for Family Members of Indi- SENATE RESOLUTIONS viduals Killed or Critically Injured While sent, and referred as indicated: Serving in the United States’’ (RIN1400– By Mr. DURBIN (for himself, Mr. BUN- The following concurrent resolutions AB95) received on September 14, 2004; to the NING, Mr. BAYH, and Mr. FITZ- and Senate resolutions were read, and Committee on Foreign Relations. GERALD): referred (or acted upon), as indicated: EC–9350. A communication from the Assist- S. 2817. A bill to provide for the redesign of ant Legal Adviser for Treaty Affairs, Depart- the reverse of the Lincoln 1-cent coin in 2009 By Mr. HATCH (for himself and Mr. ment of State, the report of texts and back- in commemoration of the 200th anniversary LEAHY): ground statements of international agree- of the birth of President Abraham Lincoln; S. Res. 430. A resolution designating No- ments, other than treaties; to the Com- to the Committee on Banking, Housing, and vember 2004 as ‘‘National Runaway Preven- mittee on Foreign Relations. Urban Affairs. tion Month’’; to the Committee on the Judi- EC–9351. A communication from the Dep- By Mr. DOMENICI: ciary. uty Associate Administrator, Office of Ac- S. 2818. A bill to amend the Help America By Mr. MCCONNELL (for himself, Mrs. quisition Policy, National Aeronautics and Vote Act of 2002 to ensure the same require- FEINSTEIN, Mr. MCCAIN, Mr. FEIN- Space Administration, transmitting, pursu- ments that apply to voters who register by GOLD, Mrs. DOLE, Ms. MIKULSKI, Mr. ant to law, the report of a rule entitled mail also apply to voters who do not register BROWNBACK, Mr. LEAHY, Mr. LUGAR, ‘‘Federal Acquisition Regulation; Federal in person with an officer or employee of a and Mr. CORZINE): Acquisition Circular 2001–24’’ (FAC2001–24) State or local government entity, and to pro- S. Res. 431. A resolution expressing the received on August 6, 2004; to the Committee vide for increased penalties for fraudulent sense of the Senate that the United Nations on Governmental Affairs. registration in cases involving 10 or more Security Council should immediately con- EC–9352. A communication from the Sec- violations; to the Committee on Rules and sider and take appropriate actions to re- retary of Health and Human Services, trans- Administration. spond to the growing threats posed by condi- mitting, pursuant to law, a report relative to By Mr. SPECTER: tions in Burma under the illegitimate rule of the Implementation of a Performance-Based S. 2819. A bill to provide education to stu- the State Peace and Development Council; Incentive System; to the Committee on dents in grades 8, 9, and 10 about the impor- to the Committee on Foreign Relations. Health, Education, Labor, and Pensions. tance of higher education; to the Committee f f on Health, Education, Labor, and Pensions. ADDITIONAL COSPONSORS By Mr. MCCAIN: REPORTS OF COMMITTEES S. 2820. A bill to ensure the availability of S. 91 The following reports of committees certain spectrum for public safety entities At the request of Mr. GRASSLEY, the were submitted: by amending the Communications Act of 1934 name of the Senator from Nebraska to establish January 1, 2009, as the date by By Mr. BOND, from the Committee on Ap- (Mr. NELSON) was added as a cosponsor propriations, without amendment: which the transition to digital television shall be completed, and for other purposes; of S. 91, a bill to amend title 9, United S. 2825. An original bill making appropria- States Code, to provide for greater fair- tions for the Departments of Veterans Af- to the Committee on Commerce, Science, fairs and Housing and Urban Development, and Transportation. ness in the arbitration process relating and for sundry independent agencies, boards, By Ms. SNOWE (for herself and Mr. to livestock and poultry contracts. commissions, corporations, and offices for BOND): S. 491 S. 2821. A bill to reauthorize certain pro- the fiscal year ending September 30, 2005, and At the request of Mr. REID, the name grams of the Small Business Administration, for other purposes (Rept. No. 108-353). of the Senator from Illinois (Mr. DUR- By Mr. DEWINE, from the Committee on and for other purposes; to the Committee on Appropriations, without amendment: Small Business and Entrepreneurship. BIN) was added as a cosponsor of S. 491, S. 2826. An original bill making appropria- By Mr. REID (for himself, Mr. BOND, a bill to expand research regarding in- tions for the government of the District of and Mr. JEFFORDS): flammatory bowel disease, and for Columbia and other activities chargeable in S. 2822. A bill to provide an extension of other purposes. highway, highway safety, motor carrier safe- whole or in part against the revenues of said S. 1379 District for the fiscal year ending September ty, transit, and other programs funded out of At the request of Mr. JOHNSON, the 30, 2005, and for other purposes (Rept. No. the Highway Trust Fund pending enactment 108-354). of a law reauthorizing the Transportation names of the Senator from Colorado By Mr. CAMPBELL, from the Committee Equity Act for the 21st century; to the Com- (Mr. CAMPBELL) and the Senator from on Indian Affairs, with amendments: mittee on Environment and Public Works. North Carolina (Mr. EDWARDS) were

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9442 CONGRESSIONAL RECORD — SENATE September 21, 2004 added as cosponsors of S. 1379, a bill to S. 2336 S. 2740 require the Secretary of the Treasury At the request of Mr. REID, the name At the request of Mr. DASCHLE, the to mint coins in commemoration of of the Senator from Washington (Ms. name of the Senator from Michigan veterans who became disabled for life CANTWELL) was added as a cosponsor of (Ms. STABENOW) was added as a cospon- while serving in the Armed Forces of S. 2336, a bill to expand access to pre- sor of S. 2740, a bill to improve dental the United States. ventive health care services and edu- services in underserved areas by S. 1397 cation programs that help reduce unin- amending the Public Health Service At the request of Mr. GREGG, the tended pregnancy, reduce infection Act, and for other purposes. name of the Senator from Nevada (Mr. with sexually transmitted disease, and S. 2744 ENSIGN) was added as a cosponsor of S. reduce the number of abortions. At the request of Mr. SUNUNU, the 1397, a bill to prohibit certain abortion- S. 2425 names of the Senator from New Mexico related discrimination in governmental At the request of Mr. BYRD, the (Mr. BINGAMAN), the Senator from Lou- activities. names of the Senator from Montana isiana (Mr. BREAUX), the Senator from S. 1428 (Mr. BAUCUS) and the Senator from Ar- Mississippi (Mr. COCHRAN), the Senator At the request of Mr. MCCONNELL, kansas (Mrs. LINCOLN) were added as from Maine (Ms. COLLINS), the Senator the names of the Senator from Texas cosponsors of S. 2425, a bill to amend from Hawaii (Mr. INOUYE), the Senator (Mr. CORNYN) and the Senator from the Tariff Act of 1930 to allow for im- from Indiana (Mr. LUGAR), the Senator Utah (Mr. BENNETT) were added as co- proved administration of new shipper from Illinois (Mr. FITZGERALD) and the sponsors of S. 1428, a bill to prohibit administrative reviews. Senator from Alaska (Mr. STEVENS) civil liability actions from being S. 2466 were added as cosponsors of S. 2744, a brought or continued against food At the request of Mr. BROWNBACK, the bill to authorize the minting and manufacturers, marketers, distribu- names of the Senator from Virginia issuance of a Presidential $1 coin se- tors, advertisers, sellers, and trade as- (Mr. ALLEN) and the Senator from ries. sociations for damages or injunctive Texas (Mr. CORNYN) were added as co- S. 2781 sponsors of S. 2466, a bill to ensure that relief for claims of injury resulting At the request of Mr. LUGAR, the from a person’s weight gain, obesity, or women seeking an abortion are fully names of the Senator from Arizona informed regarding the pain experi- any health condition related to weight (Mr. MCCAIN) and the Senator from enced by their unborn child. gain or obesity. California (Mrs. FEINSTEIN) were added S. 1925 S. 2468 as cosponsors of S. 2781, a bill to ex- At the request of Mr. KENNEDY, the At the request of Ms. COLLINS, the press the sense of Congress regarding name of the Senator from Nevada (Mr. name of the Senator from Maine (Ms. the conflict in Darfur, Sudan, to pro- REID) was added as a cosponsor of S. SNOWE) was added as a cosponsor of S. vide assistance for the crisis in Darfur 1925, a bill to amend the National 2468, a bill to reform the postal laws of and for comprehensive peace in Sudan, Labor Relations Act to establish an ef- the United States. and for other purposes. ficient system to enable employees to S. 2489 S. 2795 form, join, or assist labor organiza- At the request of Mr. INOUYE, the At the request of Mr. ENZI, the name tions, to provide for mandatory injunc- names of the Senator from Louisiana of the Senator from Montana (Mr. tions for unfair labor practices during (Mr. BREAUX) and the Senator from BURNS) was added as a cosponsor of S. organizing efforts, and for other pur- New Jersey (Mr. LAUTENBERG) were 2795, a bill to provide for higher edu- poses. added as cosponsors of S. 2489, a bill to cation affordability, access, and oppor- establish a program within the Na- S. 2018 tunity. At the request of Mr. BUNNING, the tional Oceanic and Atmospheric Ad- S. 2813 name of the Senator from Indiana (Mr. ministration to integrate Federal At the request of Mr. SCHUMER, the BAYH) was added as a cosponsor of S. coastal and ocean mapping activities. name of the Senator from New York 2018, a bill to amend the National S. 2553 (Mrs. CLINTON) was added as a cospon- Trails System Act to extend the Lewis At the request of Mr. DODD, the name and Clark National Historic Trail to of the Senator from Washington (Mrs. sor of S. 2813, a bill to designate the fa- cility of the United States Postal Serv- include additional sites associated with MURRAY) was added as a cosponsor of the preparation or return phase of the S. 2553, a bill to amend title XVIII of ice located at 19504 Linden Boulevard expedition, and for other purposes. the Social Security Act to provide for in St. Albans, New York, as the ‘‘Ar- chie Spigner Post Office Building’’. S. 2158 coverage of screening ultrasound for S. CON. RES. 8 At the request of Ms. COLLINS, the abdominal aortic aneurysms under part name of the Senator from New York B of the medicare program. At the request of Ms. COLLINS, the (Mr. SCHUMER) was added as a cospon- S. 2568 names of the Senator from New Jersey sor of S. 2158, a bill to amend the Pub- At the request of Mr. BIDEN, the (Mr. CORZINE), the Senator from lic Health Service Act to increase the name of the Senator from Arkansas Vermont (Mr. JEFFORDS) and the Sen- supply of pancreatic islet cells for re- (Mr. PRYOR) was added as a cosponsor ator from Missouri (Mr. BOND) were search, and to provide for better co- of S. 2568, a bill to require the Sec- added as cosponsors of S. Con. Res. 8, a ordination of Federal efforts and infor- retary of the Treasury to mint coins in concurrent resolution designating the mation on islet cell transplantation. commemoration of the tercentenary of second week in May each year as ‘‘Na- S. 2253 the birth of Benjamin Franklin, and for tional Visiting Nurse Association At the request of Mrs. FEINSTEIN, the other purposes. Week’’. name of the Senator from Illinois (Mr. S. 2671 S. CON. RES. 136 DURBIN) was added as a cosponsor of S. At the request of Mr. ROCKEFELLER, At the request of Mr. CONRAD, the 2253, a bill to permit young adults to the name of the Senator from Min- name of the Senator from Nevada (Mr. perform projects to prevent fire and nesota (Mr. DAYTON) was added as a co- ENSIGN) was added as a cosponsor of S. suppress fires, and provide disaster re- sponsor of S. 2671, a bill to extend tem- Con. Res. 136, a concurrent resolution lief, on public land through a Healthy porary State fiscal relief, and for other honoring and memorializing the pas- Forest Youth Conservation Corps. purposes. sengers and crew of United Airlines S. 2279 S. 2686 Flight 93. At the request of Mr. HOLLINGS, the At the request of Mr. ENZI, the names S. RES. 365 name of the Senator from New York of the Senator from Kansas (Mr. ROB- At the request of Mr. BROWNBACK, the (Mr. SCHUMER) was added as a cospon- ERTS) and the Senator from Nevada name of the Senator from Arizona (Mr. sor of S. 2279, a bill to amend title 46, (Mr. REID) were added as cosponsors of KYL) was added as a cosponsor of S. United States Code, with respect to S. 2686, a bill to amend the Carl D. Per- Res. 365, a resolution expressing the maritime transportation security, and kins Vocational and Technical Edu- sense of the Senate regarding the de- for other purposes. cation Act of 1998 to improve the Act. tention of Tibetan political prisoners

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9443 by the Government of the People’s Re- toward none and with charity for all. tion of logic, the New Mexico Sec- public of China. Lincoln made the ultimate sacrifice for retary of State has determined that a S. RES. 420 the country he loved, dying from an as- third party can register 10, 100 or 1,000 At the request of Mr. PRYOR, the sassin’s bullet on April 15, 1865. All voters. As long as that third party names of the Senator from South Caro- Americans could benefit from studying shows up in person at the county lina (Mr. HOLLINGS), the Senator from the life of Abraham Lincoln. clerk’s office, the actual voter does not New Jersey (Mr. CORZINE), the Senator The ‘‘Lincoln cent’’ was introduced have to show identification. Have we from New York (Mrs. CLINTON), the in 1909 on the 100th anniversary of Lin- ever heard of anything more ridicu- Senator from Minnesota (Mr. DAYTON) coln’s birth, making the front design lous? and the Senator from Indiana (Mr. by sculptor Victor David Brenner the I believe the root cause of this prob- BAYH) were added as cosponsors of S. most enduring image on the nation’s lem is the recent proliferation of 527s Res. 420, a resolution recommending coinage. President Theodore Roosevelt that have begun to pop up throughout expenditures for an appropriate visi- was so impressed by Brenner’s talent the country, largely uncontrolled and tors center at Little Rock Central High that he was chosen to design the like- unregulated. These 527s have taken un- School National Historic Site to com- ness of Lincoln for the coin, adapting a limited financial contributions from memorate the desegregation of Little design from a plaque Brenner had pre- individual and other private sources to Rock Central High School. pared earlier. In the nearly 100 years of conduct voter mobilization drives and production of the ‘‘Lincoln cent,’’ there other activities. I am not against reg- S. RES. 424 have been only two designs on the re- istering as many as we can, but this At the request of Mr. CRAIG, the verse: the original, featuring two and the ruling seem to me to leave names of the Senator from Nebraska wheat-heads, and the current represen- many voters to be unfairly treated be- (Mr. HAGEL), the Senator from Mary- tation of the Lincoln Memorial in cause their vote may be wiped out by land (Ms. MIKULSKI), the Senator from Washington, D.C. those who have not followed the State Mississippi (Mr. COCHRAN), the Senator On the occasion of the bicentennial statute. from Oregon (Mr. SMITH), the Senator of Lincoln’s birth and the 100th anni- While no one will argue against a from Washington (Mrs. MURRAY), the versary of the production of the Lin- laudable goal, as I indicated, of in- Senator from Indiana (Mr. BAYH) and coln cent, we should recognize his creasing voter registration and voter the Senator from Montana (Mr. BURNS) great achievement in ensuring that the turnout, the unintended consequence of were added as cosponsors of S. Res. 424, United States remained on Nation, these activities I have described can be a resolution designating October 2004 united and inseparable. immense. The paid volunteers of these as ‘‘Protecting Older Americans From 527s are largely untrained, not familiar Fraud Month’’. By Mr. DOMENICI: with communities in which they are f S. 2818. A bill to amend the Help working, nor are they familiar with the America Vote Act of 2002 to ensure the realities of election laws. In many STATEMENTS ON INTRODUCED same requirements that apply to voters BILLS AND JOINT RESOLUTIONS cases, the volunteers are being paid by who register by mail also apply to vot- the number of people they are able to By Mr. DURBIN (for himself, Mr. ers who do not register in person with register. This has resulted in certain BUNNING, Mr. BAYH, and Mr. an officer or employee of a State or voters being registered two or more FITZGERALD): local government entity, and to pro- times at multiple addresses under mul- S. 2817. A bill to provide for the rede- vide for increased penalties for fraudu- tiple names. sign of the reverse of the Lincoln 1- lent registration in cases involving 10 My hometown paper, the Albu- cent coin in 2009 in commemoration of or more violations; to the Committee querque Journal, has published stories the 200th anniversary of the birth of on Rules and Administration. about minors receiving voter registra- President Abraham Lincoln; to the Mr. DOMENICI. Mr. President, the tion cards in the mail as well as stories Committee on Banking, Housing, and 2004 election is quickly approaching, about paid volunteers telling convicted Urban Affairs. and all Americans must be assured felons they have unlimited ability to Mr. DURBIN. Mr. President, today I that when they cast their ballots, they register and vote. County clerks have am introducing a bill to honor Abra- will do so with the knowledge that the also said they have been inundated ham Lincoln in 2009, the bicentennial United States has done everything pos- with thousands of incomplete or illegi- of his birth, by issuing a series of 1- sible to ensure the election will be fair. ble forms. cent coins with designs on the reverse Therefore, I rise today to introduce a While no one can be sure of the exact that are emblematic of the 4 major pe- commonsense election reform bill that effect of these 527s and what their ef- riods of his life, in Kentucky, Indiana, will amend the law to add additional fect will be on voter fraud in registra- Illinois, and Washington, D.C. The bill simple steps that will help ensure the tion and in casting votes, the bill I am would also provide for a longer-term integrity of the voting process and in- introducing today will amend the Help redesign of the reverse of 1-cent coins crease criminal penalties for those who America Vote Act, called HAVA, by ex- so that after 2009 they will bear an knowingly and willfully commit fraud tending the identification require- image emblematic of Lincoln’s preser- in voter registration. ments to individuals who have not vation of the United States as a single There is a recent court decision in themselves registered in person with and united country. New Mexico that has taken the plain their county clerk. In addition, it will Abraham Lincoln was one of our reading of a very clearly written stat- enhance the penalties for individuals greatest leaders, demonstrating enor- ute and has turned it on its head. The who knowingly and fraudulently reg- mous courage and strength of char- statute says: ister 10 or more people to vote. acter during the Civil War, perhaps the (4) a statement informing the applicant, I know many people will believe my greatest crisis in our Nation’s history. that: (a) if the form is not submitted in per- intentions in introducing this legisla- Lincoln was born in Kentucky, grew to son by the applicant and the applicant is reg- tion are partisan. Skeptics will say my adulthood in Indiana, achieved fame in istering for the first time in New Mexico, the applicant must submit with the form a copy motive is political. But voter fraud is Illinois, and led the Nation in Wash- of a current and valid photo identification, not about partisanship or politics; it is ington, D.C. He rose to the Presidency utility bill, bank statement, government about fairness. Voter fraud is not a po- through a combination of honesty, in- check, paycheck or other government docu- litical act; it is a criminal act. tegrity, intelligence, and commitment ment that shows the name and address of the Voting is the most important duty to the United States. applicant— and responsibility of our citizens. Adhering to the belief that all men I stress again, ‘‘in person.’’ Other reform issues have received a lot are created equal, Lincoln led the ef- (b) if the applicant does not submit the re- of attention, but I believe it is impera- fort to free all slaves in the United quired identification, he will be required to tive to focus our attention on the fun- States. Despite the great passions do so when he votes in person or absentee. damental issue of casting votes hon- aroused by the Civil War, Lincoln had I submit the statute could not be estly and fairly. The Help America a generous heart and acted with malice clearer. However, in a bizarre contor- Vote Act, which we passed in 2002, and

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9444 CONGRESSIONAL RECORD — SENATE September 21, 2004 the hundreds of new State laws that tion administration and to ensure the integ- on their experience in the labor mar- implement it fail to provide adequate rity of full participation of all Americans in ket. According to 2002 U.S. Census Bu- uniform systems that verify voter iden- the democratic election process. reau statistics on educational attain- tity, as I have indicated, or by court SEC. 2. REQUIREMENTS FOR VOTERS WHO DO ment and earnings, the mean earnings NOT REGISTER IN PERSON WITH AN interpretation wipe out the protections OFFICER OR EMPLOYEE OF A STATE of men with a bachelor’s degree is that might be contemplated by clear OR LOCAL GOVERNMENT ENTITY. $63,354, while the mean earnings of men and unambiguous statutes. (a) IN GENERAL.— with a high school degree is $32,363. Requiring a voter to provide identi- (1) APPLICATION OF REQUIREMENTS TO VOT- This is a difference of more than $30,000 fication prior to voting is not an unrea- ERS NOT REGISTERING IN PERSON.—Section or 97 percent. sonable imposition, given the responsi- 303(b)(1)(A) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(1)(A)) is amended to In recent years, there have been clear bility and possibilities that are attend- read as follows: signs that more Americans are pur- ant to not doing that are truly monu- ‘‘(A) the individual— suing higher education opportunities. mental. Simple and straightforward re- ‘‘(i) registered to vote in a jurisdiction by In June 2002, USA Today reported that forms, such as the one I am proposing, mail; or 63 percent of high school graduates go will make it easier to vote but harder ‘‘(ii) did not register to vote in a jurisdic- to college immediately after gradua- to cheat. Showing the American public tion in person with an officer or employee of tion, the highest percentage in U.S. that we are serious about elections and a State or local government entity; and’’. history. Yet not all of the news on col- those who might seek to do it improp- (2) MEANING OF IN PERSON.—Paragraph (1) of section 303(b) of such Act is amended by lege graduation rates has been good. erly will go a long way toward restor- inserting at the end the following: Only 18 percent of African Americans ing confidence in the registration and ‘‘For purposes of subparagraph (A)(ii), an in- and 11 percent of Hispanic high school balloting process. dividual shall not be considered to have reg- graduates earn a bachelor’s degree by I have already indicated that I sent istered in person if the registration is made their late twenties, compared to 33 per- the bill to the desk for appropriate re- by a person other than the person whose cent of whites according to the Na- ferral. name appears on the voter registration tional Center for Education Statistics I ask unanimous consent that the form.’’. (NCES) in 2001. Further, in 2000, NCES text of the bill be printed in the (b) CONFORMING AMENDMENT.—The heading for subsection (b) of section 303 of such Act reported that 22 percent of low-income, RECORD. is amended by inserting ‘‘AND WHO DO NOT college qualified high school graduates There being no objection, the bill was REGISTER IN PERSON’’ after ‘‘MAIL’’. do not pursue post-secondary edu- ordered to be printed in the RECORD, as (c) EFFECTIVE DATE.—The amendments cation, compared to 4 percent of high- follows: made by this section shall take effect as if income graduates. S. 2818 included in section 303 of the Help America As I travel through Pennsylvania, I Vote Act of 2002. Be it enacted by the Senate and House of Rep- still hear from too many middle school SEC. 3. INCREASED PENALTIES RELATING TO resentatives of the United States of America in and high school students that they do Congress assembled, FRAUDULENT VOTER REGISTRA- TION IN CASES INVOLVING 10 OR not have the preparation necessary to SECTION 1. FINDINGS. MORE VIOLATIONS. enroll in higher education institutions. Congress makes the following findings: (a) FALSE INFORMATION IN REGISTERING OR (1) The right to vote is a fundamental and On a recent trip to the Commonwealth, VOTING.—Subsection (c) of section 11 of the I joined Andrew McKelvey—the founder incontrovertible right under the Constitu- Voting Rights Act of 1965 (42 U.S.C. 1973i(c)) tion. is amended by inserting at the end the fol- of the McKelvey Foundation—to an- (2) There is a need for Congress to encour- lowing: ‘‘In the case of any person who is nounce federal funding for entrepre- age and enable every eligible American to found to have been in violation of this sec- neurial scholarships to rural, low-in- vote by reaffirming that the right to vote is tion with respect to 10 or more voter reg- come Pennsylvania high school grad- a fundamental right under the Constitution. istrations, this section shall be applied by uates. During that trip, I talked to Mr. (3) There is a need for Congress to encour- substituting ‘$20,000’ for ‘$10,000’ and by sub- McKelvey regarding the need to not age and enable every eligible American to stituting ‘ten years’ for ‘five years’ with re- vote by reaffirming that the United States is only ensure access to funding for stu- spect to each such violation.’’. dents to pursue higher education, but a democratic government ‘‘of the people, by (b) PENALTY UNDER NATIONAL VOTER REG- the need to both inform students about the people, and for the people’’ in which ISTRATION ACT OF 1993.—Section 12 of the Na- every vote counts. tional Voter Registration Act of 1993 (42 the importance of higher education, as (4) There is a need for Congress to encour- U.S.C. 1973gg-10) is amended by inserting at well as prepare students for the appli- age and enable every eligible American to the end the following: ‘‘In the case of any cation process. vote by eliminating procedural obstacles to person who is found to have been in violation The bill I am introducing today, the voting. of paragraph (2)(A) with respect to 10 or (5) There is a need to counter discrimina- Higher Education Preparation Program more registration applications, such person Act of 2004, will help to educate middle tion in voting by removing barriers to the shall be fined not less $500,000 ($1,000,000 in exercise of the constitutionally protected the case of an organization) or shall be im- school and high school students in right to vote. prisoned not more than 10 years, or both, and grades 8, 9, and 10, about higher edu- (6) There is a need to ensure that voter reg- any such fine shall be paid into the general cation opportunities. This bill will cre- istration processes fairly incorporate every fund of the Treasury as provided in the pre- ate a program which will both provide eligible American seeking to exercise the ceding sentence.’’. students with information on higher right to vote. (c) EFFECTIVE DATE.—The amendments education opportunities and prepare (7) Participation in the electoral process is made by this section shall apply to viola- a fundamental civic responsibility in which students for the process of applying to tions occurring after the date of the enact- institutions of higher education by pro- all eligible Americans should be encouraged ment of this Act. to actively participate. viding access to higher education prep- (8) There is a need to ensure that every eli- By Mr. SPECTER: aration instruction. The availability of gible American seeking to exercise the right S. 2819. A bill to provide education to information on higher education oppor- to vote has access to the electoral process students in grades 8, 9, and 10 about the tunities makes an enormous difference through a uniform system of voter registra- importance of higher education; to the to students contemplating continuing tion that includes each voter’s personal reg- their education at the undergraduate istration with an appropriate State or local Committee on Health, Education, government election entity. Labor, and Pensions. level. (9) Congress has authority under section 4 Mr. SPECTER. Mr. President, I have My legislation will provide a grant to of Article I of the Constitution of the United sought recognition today to introduce a nonprofit organization to develop a States, section 5 of the Fourteenth Amend- the Higher Education Preparation Pro- core curriculum to be taught in the ment to the Constitution of the United gram Act of 2004, which is legislation classroom to equip middle and high States, and section 2 of the Fifteenth designed to expand higher educational school students with the appropriate Amendment to the Constitution of the opportunities for American students. skills and knowledge to pursue post- United States to enact legislation to address the equal protection violations that may be There is no doubt as to the benefit of secondary education. Given the impor- caused by unfair voting systems. receiving a post-secondary education. tance of higher education, it makes (10) Congress has an obligation to ensure The level of education that individuals sense to prepare students for the un- that the States and localities improve elec- accumulate has an important influence dergraduate process as part of their

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9445 class instruction to ensure that all stu- ‘‘The SAVE LIVES Act.’’ This bill is Therefore, this bill would set a firm dents have access to the necessary in- drafted in response to the 9–11 Commis- deadline for the completion of the dig- formation to attain their goals. To this sion’s Final Report, which rec- ital television transition: December 31, end, middle schools and high schools ommended the ‘‘expedited and in- 2008. This date ensures that this spec- participating in the program would creased assignment of radio spectrum trum would be available for use by po- dedicate one hour each week of their for public safety purposes.’’ lice, fire fighters and other first re- classroom activity to higher education To meet this recommendation, the sponders no later than January 1, 2009. preparation of students utilizing the SAVE LIVES Act would set a date cer- Is this soon enough? No, I wish it could core curriculum. tain for the allocation of spectrum to be sooner. But after hearing testimony Additionally, I seek to create a net- public safety agencies, specifically the from Chairman Powell, public safety work of intensive academic support for 24 MHz of spectrum in the 700 MHz organizations and broadcasters at a re- students by encouraging public-private band that Congress promised public cent Senate Commerce Committee partnerships to emphasize the impor- safety agencies in 1997. This is a prom- hearing, I decided that a December 31, tance of higher education. Partnerships ise Congress has yet to deliver to our 2008 date presents the most reasonable with private entities create a unique Nation’s first responders. Now is the deadline providing numerous benefits opportunity for middle schools and time for Congressional action before to consumers and public safety organi- high schools to supplement and en- another national emergency or crisis zations, including: 1. Adequate time for hance the core curriculum by offering takes place. Access to this specific public safety agencies to begin building appropriate enrichments, including spectrum is essential to our Nation’s their interoperable communications guest speakers, videos and web-based safety and welfare as emergency com- networks to operate in the 700 MHz services. For example, through these munications sent over these fre- band; 2. Sufficient time for the govern- partnerships, middle school and high quencies are able to penetrate walls ment to auction some of the remaining school students will gain first-hand and travel great distances, and can as- spectrum in the 700 MHz band to raise knowledge of the skills that businesses sist multiple jurisdictions in deploying funds for the purchase and installation are seeking by having the opportunity interoperable communications sys- of new interoperable public safety com- to speak with business leaders, as well tems. munications equipment; 3. The cer- as perhaps tour local facilities. This In addition to setting a date certain, tainty that manufacturers need to war- will underscore the significance and this bill would provide funds for public rant the development and build-out of importance of higher education for stu- safety agencies to purchase emergency interoperable public safety commu- dents as they embark on their future communications equipment, require nications equipment for use in the 700 career paths. the Federal Communications Commis- MHz band; 4. Preparation time for con- To implement this initiative, my bill sion (FCC) and the Department of sumers and the government to get would authorize $10 million annually Homeland Security (DHS) to study ready for the completion of the digital for fiscal years 2005 through 2010, for a whether additional spectrum is nec- transition, including time to purchase nonprofit organization to develop a essary to support emergency commu- more digital television sets and time core curriculum which has as its cor- nications systems, authorize a DHS for the government to implement a nerstone higher education preparation, program promoting interoperable subsidy program to ensure no tele- as well as to establish this higher edu- emergency communications systems, vision sets go ‘‘dark’’ on January 1, cation preparation demonstration provide funds to ensure no consumers’ 2009; 5. A seamless transition period project. Under this project, five State television set goes ‘‘dark’’ due to pub- where all television stations migrate at educational agencies would be awarded lic safety’s use of this television spec- once to digital broadcasting; and, 6. federal funding to offer higher edu- trum, mandate labeling of all analog Sufficient time for the FCC to com- cation preparation programs using the television sets to better prepare con- plete its outstanding proceedings re- core curriculum in middle and high sumers for the digital transition, sup- garding the digital television transi- schools with historically low rates of port a consumer education program on tion. student application and admission to digital television and required the FCC In addition to setting a firm date for post-secondary institutions. to complete its outstanding digital tel- public safety’s use of the spectrum, the It is my hope that this Act will en- evision proceedings. bill would require the FCC, in consulta- sure that students who wish to enroll The 9–11 Commission’s Final Report tion with DHS, to conduct a study to in a higher education institution will found, ‘‘The inability to communicate assess public safety organizations’ fu- have access to the tools and resources was a critical element at the World ture communications needs, including necessary to help them plan for under- Trade Center, Pentagon and Somerset the need for additional spectrum, the graduate study. We must take this step County, Pennsylvania, crash sites, need for a nationwide interoperable to encourage students to pursue their where multiple agencies and multiple broadband mobile communications net- educational goals especially those who jurisdictions responded. The occur- work, the ability of public safety orga- might not otherwise have this oppor- rence of this problem at three very dif- nizations to use broadband and tunity. I urge my colleagues to join me ferent sites is strong evidence that narrowband applications, and whether in cosponsoring this Act, and urge its compatible and adequate communica- other first responders such as hospital swift adoption. tions among public safety organiza- and health care workers should be in- tions at the local, state, and federal cluded in a nation-wide interoperable By Mr. MCCAIN: levels remains an important problem.’’ communications system. If our Na- S. 2820. A bill to ensure the avail- This bill would improve public safety tion’s first responders need more spec- ability of certain spectrum for public interoperability and capability as trum to perform their work safely, safety entities by amending the Com- quickly as possible. then Congress should ensure that more munications Act of 1934 to establish However, the 24 MHz of spectrum spectrum is available at the same time January 1, 2009, as the date by which promised to public safety organizations the public safety organizations begin the transition to digital television is currently being used by the tele- preparing to use the promised 24 MHz. shall be completed, and for other pur- vision broadcasters, and will not be This allows for efficiency and ensures poses; to the Committee on Commerce, available until the broadcasters com- that public safety organizations will Science, and Transportation. plete the transition to digital tele- not be subjected to multiple implemen- Mr. MCCAIN. Mr. President, I rise vision. At a recent Senate Commerce tations of new communications equip- today to introduce a bill to support the Committee hearing, Federal Commu- ment. Nation’s finest: our police, fire fighters nications Commission (FCC) Chairman This bill would also ask the FCC to and other emergency response per- Michael K. Powell stated that absent study the advisability of reallocating sonnel. The ‘‘Spectrum Availability for intervening legislation broadcasters some of the spectrum in the 700 MHz Emergency-response and Law-enforce- may not be able to vacate this spec- band for unlicensed wireless broadband ment to Improve Vital Emergency trum for ‘‘decades’’ or ‘‘multiples of uses. Unlicensed wireless broadband Services Act,’’ otherwise known as decades.’’ has many prospective benefits to our

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9446 CONGRESSIONAL RECORD — SENATE September 21, 2004 Nation and allows the potential for pected to yield between $30-to-$40 bil- ative of public safety organizations tes- pervasive connectivity nationwide. The lion in revenue to the Treasury. Last tified, ‘‘There also needs to be ex- bill would require the FCC to report week in testimony before the Senate panded funding for equipment, and back to the Senate and House Com- Commerce Committee, FCC Chairman more extensive planning and coopera- merce Committees within one year of Powell stated that he has heard esti- tion among public safety personnel at the bill’s enactment on both studies’ mates as high as $70 billion. Based on all levels of government. This includes findings; however, nothing in the bill these projections, the $1 billion to fund local governments who must inter- would preclude the FCC from taking a consumer subsidy program would be operate with their neighbors and with action with respect to spectrum for un- less than three percent of the total ex- overlapping jurisdictions, regional au- licensed uses before completion of its pected auction revenues from the ana- thorities covering large metropolitan report. log television spectrum. areas and sometimes crossing state The SAVE LIVES Act would author- One billion may even be more than borders, states through their State ize one of the President’s top E-Gov- enough to assist the 17.4 million over- Interoperability Executive Committees ernment initiatives: DHS’ Wireless the-air consumers because this figure (SIECs), and the Federal Government.’’ Public SAFEty Interoperability COM- assumes that digital-to-analog con- This bill would respond to such re- Munications Program, commonly re- verter boxes will retail for approxi- quests from public safety organizations ferred to as SAFECOM. This program mately $75 per box in 2008. Last week, and localities. Just providing spectrum serves as the umbrella program within Motorola testified that they would in- to public safety is not enough. Without the Federal Government to coordinate troduce a digital-to-analog converter funds to purchase new equipment, this the efforts of local, tribal, state and box for $67 per unit in the near term. spectrum may sit fallow after being va- Federal public safety agencies to pro- Motorola calculated that such a price cated by the broadcasters. This would mote effective, efficient and interoper- per unit would cap the cost of pro- be an unfair result to broadcasters, able wireless communications. viding converters at less than $840 mil- public safety organizations and Amer- SAFECOM has been moved between the lion nationwide to all over-the-air con- ican citizens. Department of Justice and the Depart- sumers. This week Zenith Electronics In pursuit of educating consumers ment of Treasury and now resides at announced that the company intends about the digital television transition, the bill would require, after September DHS. By authorizing SAFECOM within to retail digital-to-analog converter 30, 2005, the labeling of all analog tele- its rightful place, DHS, it ensures the boxes at $50 to $70 per unit within four vision sets to communicate to buyers program will remain available to assist years. The bill would also establish the pa- that the purchase of additional equip- our Nation’s first responders and local- rameters for the subsidy program, re- ment may be necessary after December ities. SAFECOM has served as a consultant quiring the program to be developed by 31, 2008. The bill would also require re- to many states and localities assisting the Department of Commerce in con- tailers to post the same information at junction with the Office of Manage- with the development of their inter- the store. ment and Budget and established no Also in an effort to educate con- operable emergency communications later than January 1, 2008. The bill sumers about the digital television systems. However, most importantly, would require the program to give pri- transition, the bill would require, with- SAFECOM has completed the develop- ority to funding equipment or services in one year of enactment, that the De- ment of critical standards for public to low income viewers, to offer these partment of Commerce report back to safety communications equipment viewers technology neutral options and the Senate and House Commerce Com- mandating interoperability, which is to be conducted at the lowest feasible mittees any recommendations on an ef- now included as a condition on all administrative cost. fective program to educate consumers monies provided to localities by the The bill would also authorize any re- about the digital television transition; Federal Government for public safety maining funds from the subsidy pro- the need, if any, for Federal funding, communications equipment. This gram, along with other auction monies, and the duration of such a program. should provide for greater national to be used to establish a grant program Lastly, the bill would require the FCC interoperability and decreased costs for to provide public safety organizations to issue a decision on some remaining localities. Recognizing the need for a with emergency communications DTV proceedings, including a pro- centralized office to handle all aspects equipment so these groups can begin ceeding on whether cable or satellite of emergency communications plan- using the 24 MHz of spectrum by Janu- companies should be required to carry ning, the Administration created ary 2009. The specific amount would be broadcasters’ multi-cast channels and SAFECOM and this bill would author- determined by the Director of the Of- whether broadcasters should have addi- ize it. fice of Management and Budget and be tional public interest requirements as Additionally, this bill would appro- based on a National Baseline Interoper- part of the DTV transition. priate auction revenues from the sale ability study currently being con- Specifically, the 9–11 Commission’s of returned analog broadcast spectrum ducted by SAFECOM. This study is Final Report gave Congress clear direc- to create a subsidy to limit the disrup- currently being performed to deter- tives: accelerate the availability of tion of broadcast services to the public, mine the precise amount that is al- spectrum for public safety and provide especially for those who rely exclu- ready being provided by the Federal more spectrum for public safety. Pub- sively on over-the-air broadcast tele- government to local and regional pub- lic safety organizations have stated vision. The total cost of this subsidy lic safety organizations for the pur- that neither of these goals can be met program is not to exceed $1 billion. chase of new communications equip- without increasing funding for public This may sound like a great deal on ment and for the funding of emergency safety. This legislation charts a course money, especially to a fiscal conserv- communications training. to achieve all three of these objectives ative like myself; however, it is only a There are numerous grant programs without stranding over-the-air tele- small portion of the revenues it is be- throughout the Federal government, vision consumers. lieved the auction of this spectrum will however no agency has ever studied As you may be aware, Senator LIE- generate. And most importantly, it is a how much money from how many BERMAN and I introduced S. 2774 earlier small cost to ensure that all Americans grants is being provided to localities. this month implementing the 9–11 have access to over-the-air television. After this study is completed, as re- Commission’s final recommendations, Local television broadcasting is truly quired by this legislation by December including the recommendation that an important part of our homeland se- 31, 2005, the Federal government will Congress should support H.R. 1425, curity and often an important commu- best know how much money is nec- ‘‘The Homeland Emergency Response nications vehicle in the event of a na- essary to ensure that public safety or- Operations Act,’’ commonly known as tional, regional or local emergency. ganizations have the equipment nec- ‘‘The HERO Act.’’ The HERO Act The New America Foundation testi- essary to immediately begin using the would set an earlier date of December fied before the Commerce Committee 700 MHz spectrum in January 2009. 31, 2006 for the return of this spectrum. in June 2004 that the auction of the At the September 8, 2004 Senate Com- Senator LIEBERMAN and I included this analog television spectrum can be ex- merce Committee hearing, a represent- language in our bill S. 2774.

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9447 After introducing S. 2774, I heard Small Business Administration under In my home State of Maine, almost criticisms from some consumers and the Small Business Act and the Small 2,500 SBA loans have been made since broadcasters that the HERO Act was Business Investment Act of 1958, and 1999, for a total of over $288 million, to flawed as it did not ensure continued contains significant improvements to small businesses that might not have over-the-air broadcast television serv- SBA programs. qualified for loans through lending ice. Public safety organizations also re- I am confident that the bill before us channels not supported by the SBA. mained skeptical that they would have will accelerate our efforts to work with Each year, there are 3 to 4 million the funds necessary to purchase equip- the other body to resolve outstanding new business start-ups and one in 25 ment to operate on the newly acquired issues that are blocking passage of a adult Americans are taking steps to spectrum. Therefore, last week, as larger Small Business Administration start a business. These small business Chairman of the Commerce Com- reauthorization bill. It is my hope Con- owners now want to make plans for the mittee, I held a Committee hearing to gress can send a final bill to help small future, including decisions that will examine the benefits and shortcomings businesses to the President for signa- create approximately two-thirds of all of the HERO Act, and whether there ture before the close of the 108th Con- net new jobs and help sustain local are other policy proposals that could gress. communities, according to a recent achieve the same result, providing The bill before us contains many pro- survey by the National Federation of spectrum and equipment expediously visions that are substantively similar Independent Business. to public safety organizations, without to the Small Business Administration Over the last five years the SBA’s potentially forcing some television 50th Anniversary Reauthorization Act programs and services have helped cre- broadcast stations to go ‘‘dark.’’ of 2003, S. 1375, which was passed by the ate and retain over 6.2 million jobs. Ac- I heard testimony that in order to Senate on September 26, 2003. cording to the SBA, the $65.5 billion meet the HERO Act’s December 31, 2006 The fundamental purpose of the SBA awarded to small businesses in Federal deadline, at least 40 broadcast stations, is to ‘‘aid, counsel, assist, and protect prime and subcontracts in FY 2003 will the interests of small-business con- and possibly more, broadcasting on create or retain close to 500,000 jobs. cerns.’’ The methods for carrying out this spectrum would be required to va- The SBA also estimates that reau- the mandates set forth by Congress in- cate. In many of these markets, there thorizing the agency will result in the clude a wide array of financial, pro- is no available spectrum for station re- creation or retention of an estimated curement, management, and technical location, meaning this legislation may 3.3 million jobs over the next 5 years. assistance programs tailored to encour- force some stations, including many During that same period, the SBA and age small business growth and expan- Spanish language stations, to cease its programs are predicted to support sion. As the economy continues to re- over-the-air broadcasting possibly over 1 million jobs through prime con- cover and grow, it is essential that harming consumers. As the CEO of tracts and subcontracts. Congress send a message that affirms In September 2003, the Senate unani- PAXTV, a broadcaster who broadcasts long-term stability in the programs the mously passed a bill that I had intro- on 17 of these 40 affected stations, SBA provides to the small business duced to reauthorize for 3 years the aptly stated, ‘‘Our money was invested community. on the basis that we would be treated In the 50-year period since the estab- SBA and its programs, the Small Busi- equally with all television stations lishment of the SBA, there have been ness Administration 50th Anniversary during the transition. The [HERO Act] many revisions and additions to the Reauthorization Act of 2003. However, discriminates against us.’’ methods and organizational structure the other body has been stalled for al- I heard testimony from public safety used by the SBA to respond to the most a year in its consideration of leg- representatives that the 24 MHz was evolving needs of the small business. islation to reauthorize the SBA. not enough, that more spectrum and This bill I introduce today builds on In a highly competitive and dynamic more funds were needed to ensure ade- those changes. economy, too much is at stake for quate interoperable emergency com- Since 1953, nearly 20 million small small firms, and the economy as a munications systems are in place to business owners have received direct or whole, to let this legislation languish. ensure the safety of first responders indirect help from one of the SBA’s With passage of a new multi-year reau- and the public. Chief Devine of the Mis- lending or technical assistance pro- thorization bill, we will ensure that the souri State Highway Patrol stated, grams, making the agency one of the SBA is well-positioned to help small ‘‘Inadequate spectrum leads to con- government’s most cost-effective in- businesses. Clearly, this is not the time gested channels and interference struments for economic development. to delay legislation that directly bene- among licensees, potentially blocking SBA’s current loan portfolio of more fits the backbone of our economy, and life-saving radio communications and than 200,000 loans worth more than $45 our hope for the future—the small generating confusion during critical in- billion makes it the largest single sup- firms that are most responsible for put- cidents. Additional spectrum capacity porter of small businesses in the coun- ting people to work. would alleviate that congestion and try. In this year alone, lenders have With the close of the 108th Congress allow for much faster ‘ramping up’ of made 83,912 loans to small businesses in rapidly approaching, the time to act is communications capability when the SBA’s two major loan programs, now! major emergencies occur.’’ with a total value of $16.5 billion. I urge my colleagues to support this In an effort to expediously retrieve Moreover, the SBA’s Small Business bill for the benefit of small businesses, the spectrum for the Nation’s first re- Investment Company program’s cur- our economy, and our Nation. sponders, to preserve over-the-air tele- rent portfolio of more than 16,900 vision accessibility to consumers and financings with an initial investment By Mr. REID (for himself, Mr. to ensure the adequate funding of both, amount of $17.2 billion makes it the BOND, and Mr. JEFFORDS): I urge the enactment of The SAVE largest single equity-type backer of S. 2822. A bill to provide an extension LIVES Act. U.S. businesses in the Nation. Since of highway, highway safety, motor car- 1958 the venture capital program has rier safety, transit, and other programs By Ms. SNOWE (for herself and put more than $42.3 billion into the funded out of the Highway Trust Fund Mr. BOND): hands of small business owners, and pending enactment of a law reauthor- S. 2821. A bill to reauthorize certain this year it has produced investments izing the Transportation Equity Act programs of the Small Business Admin- of more than $2.6 billion in small busi- for the 21st Century; to the Committee istration, and for other purposes; to nesses. on Environment and Public Works. the Committee on Small Business and The SBA estimates that thus far in Mr. REID. Mr. President, just this Entrepreneurship. the current fiscal year its loan and week—and this is only Tuesday—the Ms. SNOWE. Mr. President, I rise venture capital programs have pro- American Association of State High- today to introduce the ‘‘Small Business vided small businesses with $19.7 bil- way and Transportation Officials, Reauthorization and Manufacturing lion in various forms of financing, and known as AASHTO, which is comprised Assistance Act of 2004,’’ that reauthor- have allowed small businesses to create of the transportation leaders from the izes programs administered by the or retain 716,144 jobs. 50 States—the State of Missouri has a

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9448 CONGRESSIONAL RECORD — SENATE September 21, 2004 director of the department of transpor- federal-aid highway, transit and highway PUBLIC TRANSPORTATION INVESTMENT tation, the State of Ohio has a director transit safety programs, expired on Sep- Recognizing that public transportation re- of the department of transportation, tember 30, 2003; duces congestion, the nation’s mayors urge Whereas, the AASHTO Board of Directors the State of Nevada does; their titles no less than $56.5 billion for public transpor- passed a resolution on May 16, 2004 calling tation to stimulate a dramatic expansion of may vary a little bit, but that is their for prompt enactment of a well-funded, six- high-capacity public transit systems, includ- job; that is who this AASHTO is com- year reauthorization bill; ing light rail, heavy rail, commuter rail, and posed of, among others—they have Whereas, the Congress has not yet passed a bus service. called this week upon Congress to im- well funded, six-year reauthorization bill; mediately pass a ‘‘well funded, six year Whereas, further extensions are intolerable Funding for the transit program from the reauthorization’’ of the Nation’s trans- and have the following negative impacts on general fund and the Mass Transit Account of the Highway Trust Fund should be guar- portation program. I agree with them. the Nation’s transportation system: Disrup- tion to the construction program, adverse ef- anteed and we support maintaining current But as you know, this program expired fects on transportation decision making, federal-local matching shares for the transit a year ago and the States have been op- safety improvements delayed, funding dis- program as authorized under ISTEA and erating under a series of short-term ex- ruptions to grant recipients; TEA–21. tensions. This has disrupted their con- Whereas, prompt enactment of such a bill Oppose efforts to increase funding for the struction programs, delayed safety im- before the adjournment of the 108th Congress highway program by reducing funding for provements, and interrupted funding to remains the top priority of state depart- the transit program by maintaining the 20% transit operators. ments of transportation: Now, therefore, be transit–80% highway share. The fact is, we are not going to have it Support the historical funding allocation a 6-year reauthorization bill this year Resolved, if Congress determines that an of 40% for rail modernization, 40% for the extension is absolutely necessary, then it new starts program and 20% for the bus and for a lot of reasons, not the least of should be for six months to avoid a series of which is that we passed, as the Pre- bus facilities program as included in H.R. disruptive and harmful shorter term exten- 3550. siding Officer knows, a bill that was sions; and be it further Recognizing that cities throughout the advocated for and supported by the Resolved, That such extension should pro- United States are embracing less expensive, vide for funding at levels higher than FY senior Senator from the State of Mis- fixed guideway transit projects like street- souri, a bill that passed this House by 2004; and be it further Resolved, That immediate reauthorization cars, trolleys and bus rapid transit, we sup- a huge margin, a bill that created fund- port the establishment of a new Small Starts ing at a level of $318 billion over the pe- of the highway and transit program at max- imum funding levels is urgently needed and Program with modified Federal rules to ex- riod of time of the bill. That bill did preferable to any extension; and be it further pedite these projects. not increase the Federal deficit a skin- Resolved, That a six-month extension of the METROPOLITAN INFRASTRUCTURE INVESTMENT ny dime, not anything. It was a good federal-aid highway and transit programs Acknowledging that 32 percent of our bill, and we were stunned to learn that should, to the maximum extent possible, ap- major roads are in poor condition and 29 per- portion highway funds to the States through the President wanted a bill at a much cent of the nation’s bridges are structurally the existing core highway programs. lower level, some $250-odd billion. deficient or functionally obsolete, we urge Why? I have spoken to some of his clos- you to fund the core highway programs at no THE UNITED STATES est friends around here, and they have less than the $261.5 billion identified in the CONFERENCE OF MAYORS, Senate bill. not got a reason for that. Washington, DC, September 21, 2004. We have now some in this body who Hon. DON YOUNG, Recognizing that it is difficult for local- are bowing to pressure from the White Chair, Transportation and Infrastructure Com- ities and states to dedicate adequate re- House and are trying to write a bill at mittee, Rayburn House Office Building, sources to build, rebuild, or repair large- $284 billion, which is $28 billion more House of Representatives, Washington, DC. scale infrastructure projects addressing than what the President said he would Hon. JAMES OBERSTAR, freight and goods movement, safety, and agree to. Both of these are well below Ranking Member, Transportation and Infra- aging and congested transportation infra- structure Committee, Rayburn House Office structure, we urge no less than $6.6 billion the spending limits called for by the for ‘‘Projects of National and Regional Sig- U.S. Department of Transportation as Building, House of Representatives, Wash- ington, DC. nificance.’’ to what they need, what their analysis Hon. JAMES M. INHOFE, ENVIRONMENTAL INVESTMENT is, and that which is sought by the en- Chair, Environment and Public Works Com- The Congestion Mitigation and Air Quality tire transportation industry. mittee, Dirksen Senate Office Building, U.S. Program (CMAQ) should be funded at the Not only do we have a resolution Senate, Washington, DC. Senate’s $13.4 billion level in response to the from AASHTO, the transportation di- Hon. JAMES M. JEFFORDS, growing number of non-attainment areas Ranking Member, Environment and Public rectors, but we also have a letter from designated under the 8-hour ozone and fine Works Committee, Dirksen Senate Office the United States Conference of May- particulate matter standards. ors which is quite clear and basically Building, U.S. Senate, Washington, DC. DEAR CONFEREES: In August, The United Oppose efforts designed to divert CMAQ says the same thing. We also have a States Conference of Mayors met in Chicago, funds to other purposes, undermining com- resolution from the Association of Met- Illinois for a special leadership meeting to mitments to metropolitan areas to fund the ropolitan Planning Organizations. release its updated 4-point policy agenda for clean air mandate. Recognizing that metro- In the absence of a well-funded, keeping America Strong: Mayors ’04 Metro politan areas are struggling with the con- multiyear reauthorization bill, the Na- Agenda for America’s Cities. tamination of drinking water and the clean- tion’s State transportation officials A major cornerstone of that agenda is up of streams, rivers, lakes and ponds from have called for at least a 6-month ex- transportation investment of no less than stormwater discharge, including oil, grease, tension of the current program. $318 billion over six years for the reauthor- lead and mercury, the nation’s mayors sup- ization of the nation’s surface transportation port the establishment of a Highway I ask unanimous consent that the Stormwater Discharge Mitigation Program resolution dated September 20, 2004, law (TEA–21) to build a 21st Century Trans- portation system with modern transit, as designed in S. 1072. from the American Association of bridges, large-scale transportation infra- SAFETY AND INCREASED PUBLIC INVESTMENT State Highway and Transportation Of- structure projects, and metro highway sys- ficials be printed in the RECORD, along tems with new technologies that link major Recognizing that safe routes for bicycles, with the documents I spoke of from the metro areas, cut the time people spend in walking and other non-motorized transpor- United States Conference of Mayors traffic, create more jobs, and move goods and tation choices are still inadequate in many metropolitan areas, the nation’s mayors sup- and the Association of Metropolitan services more productively. Should Congress determine an extension is port the Safe Routes to School program as Planning Organizations. designed and funded H.R. 3550 and also sup- There being no objection, the mate- necessary to meet an investment of $318 bil- lion over six-years, the nation’s mayors urge port maximum funding for Transportation rial was ordered to be printed in the the adoption of a simple extension of no less Enhancements. RECORD, as follows: than six months avoiding disruption to the We urge you to support the metropolitan POLICY RESOLUTION PR–06–04 transportation program occurring under planning fund provision in the Senate bill Whereas, rescission of previously appor- short-term extensions. that would increase the take down for met- tioned contract authority has become com- Maintaining the Conference’s support for a ropolitan areas from 1 percent to 1.5 percent. monplace in recent appropriations bills, and $318 billion transportation bill requires con- We believe this adjustment will enhance Whereas, the Transportation Equity Act tinued balanced transportation investment clean air efforts, increase public involvement for the 21st Century, authorizing funding for in our metropolitan areas including: and will improve congestion relief efforts.

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9449 OPPOSE TRANSPORTATION TECHNOLOGY INNOVA- stacles standing in the way of a well- (ii) the total of the amount of funds appor- TION AND DEMONSTRATION PROGRAM PROVI- funded, multiyear reauthorization. For tioned for the items to the State for fiscal SION THAT PREEMPTS LOCAL AND STATE this reason, I have joined with my year 2004. RIGHTS-OF-WAY AUTHORITY (3) ADMINISTRATION OF FUNDS.—Funds au- friend and colleague Senator BOND in a thorized by section 1101(l) of the Transpor- We urge you to oppose the Transportation bipartisan effort and have introduced Technology Innovation and Demonstration tation Equity Act for the 21st Century (as Program provision in S. 1072 (Section 2105 this day a clean 6-month extension of added by subsection (d)) shall be adminis- (a)(5)) and H.R. 3550 (Section 5205 (g)(4)) that the highway, transit, and highway tered as if the funds had been apportioned, preempts a local or state government from safety programs. It certainly is my allocated, deducted, or set aside, as the case enforcing its rights-of-way management hope this would provide State and local may be, under title 23, United States Code; rules on companies seeking to provide Intel- officials with the predictability they except that the deductions and set-asides in ligent Vehicle Highway Systems. need to effectively manage our trans- the following sections of such title shall not We urge you to respect the unimpeded portation system. apply to such funds: sections 104(a)(1)(A), right of local government as owners/trustees 104(a)(1)(B), 104(b)(1)(A), 104(d)(1), 104(d)(2), of the rights-of-way to manage their rights- I remain committed to working in a 104(f)(1), 104(h)(1), 118(c)(1), 140(b), 140(c), and of-way and to receive compensation, includ- bipartisan way to achieve a successful 144(g)(1). ing collection of all costs, including recovery reauthorization of the Nation’s surface (4) SPECIAL RULES FOR MINIMUM GUAR- of reasonable rent, for the rights-of-way by transportation laws. I hope we can ANTEE.—In carrying out the minimum guar- companies seeking access to the rights-of- move forward on this 6-month exten- antee under section 105(c) of title 23, United way to provide Intelligent Vehicle Highway sion. It is important we do that. It is States Code, with funds apportioned under Systems. important we do it as quickly as pos- this section for the minimum guarantee, the Transportation is a top priority for Amer- sible. There is even some disagreement $2,800,000,000 set forth in paragraph (1) of ica’s mayors. Transportation is an economic such section 105(c) shall be treated as being stimulus. It creates jobs and helps ensure as to when the bill runs out, when we $1,400,000,000 and the aggregate of amounts that metropolitan economies thrive and in close down the Department of Trans- apportioned to the States under this section turn the nation’s economy. portation, whether it is this Friday or for the minimum guarantee shall be treated, The United States Conference of Mayors next Friday. The fact is, we have to do for purposes of such section 105(c), as would be pleased to supply additional infor- it very soon. amounts made available under section 105 of mation to further your assessment of these I appreciate the attention of Mem- such title. issues before the conference committee. (5) EXTENSION OF OFF-SYSTEM BRIDGE SET- With strong backing from mayors across the bers. Mr. President, I ask unanimous con- ASIDE.—Section 144(g)(3) of title 23, United nation on these issues, we stand ready to States Code, is amended in the first sentence work with you on the reauthorization of sent that the text of the bill be printed by inserting after ‘‘2004,’’ the following: ‘‘and TEA–21. in the RECORD. in the period of October 1, 2004, through Sincerely, There being no objection, the bill was March 31, 2005,’’. TOM COCHRAN, ordered to be printed in the RECORD, as (c) REPAYMENT FROM FUTURE APPORTION- Executive Director. follows: MENTS.— (1) IN GENERAL.—The Secretary shall re- RESOLUTION OF THE ASSOCIATION OF METRO- S. 2822 duce the amount that would be apportioned, POLITAN PLANNING ORGANIZATIONS TRANS- Be it enacted by the Senate and House of Rep- but for this section, to a State for programs PORTATION REAUTHORIZATION resentatives of the United States of America in under chapter 1 of title 23, United States Whereas, The Transportation Efficiency Congress assembled, Code, for fiscal year 2005, under a multiyear Act for the 21st Century, authorizing federal SECTION 1. SHORT TITLE. law reauthorizing the Federal-aid highway funding for highway and transit programs, This Act may be cited as the ‘‘Surface program enacted after the date of enactment expired on September 30, 2003; and Transportation Extension Act of 2004, Part of this Act by the amount that is appor- Whereas, the Congress has not yet passed a VI’’. tioned to each State under subsection (a) and well-funded six-year reauthorization bill; SEC. 2. ADVANCES. section 5(c) for each such program. and (2) PROGRAM CATEGORY RECONCILIATION.— Whereas, the last extension funds transpor- (a) IN GENERAL.—The Secretary of Trans- The Secretary may establish procedures tation projects through September 24, 2004, portation (referred to in this Act as the under which funds apportioned under sub- nearly the end of the federal fiscal year; and ‘‘Secretary’’) shall apportion funds made Whereas, Metropolitan Planning Organiza- available under section 1101(c) of the Trans- section (a) for a program category for which tions (MPOs) develop their long range plans portation Equity Act for the 21st Century funds are not authorized under a law de- and Transportation Improvement Programs (117 Stat. 1111; 118 Stat. 876), to each State in scribed in paragraph (1) may be restored to based on the expectation that predictable the ratio that— the Federal-aid highway program. funding will be distributed for core pro- (1) the State’s total fiscal year 2004 obliga- (d) AUTHORIZATION OF CONTRACT AUTHOR- grams, as has consistently been done in the tion authority for funds apportioned for the ITY.—Section 1101 of the Transportation Eq- first four TEA–21 extensions; and Federal-aid highway program; bears to uity Act for the 21st Century (112 Stat. 111; Whereas, ongoing extensions impede qual- (2) all States’ total fiscal year 2004 obliga- 117 Stat. 1118) is amended by adding at the ity planning; and tion authority for funds apportioned for the end the following: Whereas, after the 2000 census, 46 new Federal-aid highway program. ‘‘(l) ADVANCE AUTHORIZATION FOR FISCAL MPOs were created without additional funds (b) PROGRAMMATIC DISTRIBUTIONS.— YEAR 2005.— distributed to MPOs: Now, let it be (1) PROGRAMS.—Of the funds to be appor- ‘‘(1) IN GENERAL.—There shall be available Resolved That the Association of Metro- tioned to each State under subsection (a), from the Highway Trust Fund (other than politan Planning Organizations (AMPO) the Secretary shall ensure that the State is the Mass Transit Account) to carry out sec- urges Congress to promptly pass either a apportioned an amount of the funds, deter- tion 2(a) of the Surface Transportation Ex- multi-year fully funded bill or a one-year ex- mined under paragraph (2), for— tension Act of 2004, Part VI $18,080,500,000 for tension, bearing in mind the needs of MPOs; (A) the Interstate maintenance program; the period of October 1, 2004, through March and be it further (B) the National Highway System program; 31, 2005. Resolved That money in the extension (C) the bridge program; ‘‘(2) SPECIAL RULE.—Funds apportioned should be distributed by formula to core pro- (D) the surface transportation program; under section 2(a) of the Surface Transpor- grams and earmarks should be deferred until (E) the congestion mitigation and air qual- tation Extension Act of 2004, Part VI shall be reauthorization legislation; and be it further ity improvement program; subject to a limitation on obligations for Resolved, That core program funding (F) the recreational trails program; Federal-aid highways and highway safety should be spent for its intended purpose and (G) the Appalachian development highway construction programs. not flexed into other areas, particularly system program; and ‘‘(3) CONTRACT AUTHORITY.—Funds made CMAQ and STP suballocated to TMAs; and (H) the minimum guarantee. available by this subsection shall be avail- be it further (2) IN GENERAL.—The amount that each able for obligation in the same manner as if Resolved That Congress and the Adminis- State shall be apportioned under this sub- such funds were apportioned under chapter 1 tration take corrective action in order to en- section for each item referred to in para- of title 23, United States Code.’’. sure that the calculation for the allocation graph (1) shall be determined by multi- (e) LIMITATION ON OBLIGATIONS.— of FHWA metropolitan planning (PL) funds plying— (1) IN GENERAL.—Subject to paragraph (2), and urban attributable suballocated funds (A) the amount apportioned to the State for the period of October 1, 2004, through includes the minimum guarantee amount for under subsection (a); by March 31, 2005, the Secretary shall allocate the FY 2005 apportionment, whether a multi- (B) the ratio that— to each State for programs funded under this year bill or a one-year extension is passed. (i) the amount of funds apportioned for the section and section 5(c) an amount of obliga- Mr. REID. As this Congress draws to item to the State for fiscal year 2004; bears tion authority made available under an Act a close, there continue to be large ob- to making appropriations for the Department

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9450 CONGRESSIONAL RECORD — SENATE September 21, 2004 of Transportation for fiscal year 2005 that under which funds transferred under sub- Stat. 2005; 118 Stat. 878), of funds made avail- is— section (a) from a program category for able by the amendment made by subpara- (A) equal to the greater of— which funds are not authorized may be re- graph (A)— (i) the State’s unobligated balance, as of stored to the Federal-aid highway program. (i) $5,000,000 shall be available for section October 1, 2004, of Federal-aid highway ap- (3) LIMITATION ON STATUTORY CONSTRUC- 1064(d)(2) of such Act; portionments subject to any limitation on TION.—No provision of law, except a statute (ii) $2,500,000 shall be available for section obligations, except that unobligated bal- enacted after the date of enactment of this 1064(d)(3) of such Act; and ances of contract authority from minimum Act that expressly limits the application of (iii) $2,500,000 shall be available for section guarantee and Appalachian development this subsection, shall impair the authority of 1064(d)(4) of such Act. highway system apportionments for which the Secretary to restore funds pursuant to (4) NATIONAL SCENIC BYWAYS PROGRAM.— obligation authority was made available this subsection. Section 1101(a)(11) of the Transportation Eq- until used shall not be included for purposes (d) GUIDANCE.—The Secretary may issue uity Act for the 21st Century (112 Stat. 113; of calculating a State’s unobligated balance guidance for use in carrying out this section. 118 Stat. 878) is amended by striking ‘‘fiscal of apportionments for this clause; or SEC. 4. ADMINISTRATIVE EXPENSES. years 2003 and 2004’’ and inserting ‘‘fiscal (ii) 5⁄12 of the State’s total fiscal year 2004 (a) AUTHORIZATION OF CONTRACT AUTHOR- year 2003, and $13,750,000 for the period of Oc- obligation authority for funds apportioned ITY.—There shall be available from the High- tober 1, 2004, through March 31, 2005’’. for the Federal-aid highway program; but way Trust Fund (other than the Mass Tran- (5) VALUE PRICING PILOT PROGRAM.—Section (B) not greater than 75 percent of the sit Account) for administrative expenses of 1101(a)(12) of such Act (112 Stat. 113; 118 Stat. State’s total fiscal year 2004 obligation au- the Federal-aid highway program $225,000,000 878) is amended— thority for funds apportioned for the Fed- for fiscal year 2005. (A) by striking ‘‘and’’; and eral-aid highway program. (b) CONTRACT AUTHORITY.—Funds made (B) by inserting before the period at the (2) LIMITATION ON AMOUNT.—The total of all available by this section shall be available end the following: ‘‘, and $5,500,000 for the pe- allocations under paragraph (1) and alloca- for obligation in the same manner as if such riod of October 1, 2004, through March 31, tions, for programs funded under sections 4, funds were apportioned under chapter 1 of 2005’’. 5 (other than subsection (c)), and 6(a) of this title 23, United States Code, and shall be sub- (6) HIGHWAY USE TAX EVASION PROJECTS.— Act, of obligation authority made available ject to a limitation on obligations for Fed- Section 1101(a)(14) of such Act (112 Stat. 113; under an Act making appropriations for the eral-aid highways and highway safety con- 118 Stat. 878) is amended by inserting before Department of Transportation for fiscal year struction programs, except that such funds the period at the end the following: ‘‘and 2005 shall not exceed $17,450,000,000, except shall remain available until expended. $2,500,000 for the period of October 1, 2004, that this limitation shall not apply to SEC. 5. OTHER FEDERAL-AID HIGHWAY PRO- through March 31, 2005’’. $319,500,000 in obligations for minimum guar- GRAMS. (7) COMMONWEALTH OF PUERTO RICO HIGH- antee for the period of October 1, 2004, (a) AUTHORIZATION OF APPROPRIATIONS WAY PROGRAM.— through March 31, 2005. UNDER TITLE I OF TEA21.— (A) IN GENERAL.—Section 1101(a)(15) of such (3) TIME PERIOD FOR OBLIGATIONS OF (1) FEDERAL LANDS HIGHWAYS.— Act (112 Stat. 113; 118 Stat. 878) is amended FUNDS.—No funds shall be obligated for any (A) INDIAN RESERVATION ROADS.—Section by inserting before the period at the end the Federal-aid highway program project after 1101(a)(8)(A) of the Transportation Equity following: ‘‘and $55,000,000 for the period of March 31, 2005, until the date of enactment of Act for the 21st Century (112 Stat. 112; 118 October 1, 2004, through March 31, 2005’’. a multiyear law reauthorizing the Federal- Stat. 877) is amended— (B) CONFORMING AMENDMENT.—Section aid highway program that is enacted after (i) by inserting before the period at the end 1214(r)(1) of such Act (112 Stat. 209; 117 Stat. the date of enactment of this Act. the following: ‘‘and $137,500,000 for the period 1114) is amended by striking ‘‘2004’’ and in- (4) TREATMENT OF OBLIGATIONS.—Any obli- of October 1, 2004, through March 31, 2005’’; serting ‘‘2005’’. gation of an allocation of obligation author- and (8) SAFETY GRANTS.—Section 1212(i)(1)(D) of ity made under this subsection shall be con- (ii) by adding at the end the following: such Act (23 U.S.C. 402 note; 112 Stat. 196; 112 sidered to be an obligation for Federal-aid ‘‘The minimum amount made available for Stat. 840; 118 Stat. 879) is amended by insert- highways and highway safety construction such period that the Secretary, in coopera- ing before the period at the end the fol- programs for fiscal year 2005 for the purposes tion with the Secretary of the Interior, shall lowing: ‘‘and $250,000 for the period of Octo- of the matter under the heading ‘‘(LIMITATION reserve for Indian reservation road bridges ber 1, 2004, through March 31, 2005’’. ON OBLIGATIONS)’’ under the heading ‘‘FED- under section 202(d)(4) of title 23, United (9) TRANSPORTATION AND COMMUNITY AND ERAL-AID HIGHWAYS’’ in an Act making ap- States Code, shall be $6,500,000 instead of SYSTEM PRESERVATION PILOT PROGRAM.—Sec- propriations for the Department of Transpor- $13,000,000.’’. tion 1221(e)(1) of such Act (23 U.S.C. 101 note; tation for fiscal year 2005. (B) PUBLIC LANDS HIGHWAYS.—Section 112 Stat. 223; 118 Stat. 879) is amended by in- SEC. 3. TRANSFERS OF UNOBLIGATED APPOR- 1101(a)(8)(B) of such Act (112 Stat. 112; 118 serting before the period at the end the fol- TIONMENTS. Stat. 878) is amended by inserting before the lowing: ‘‘and $12,500,000 for the period of Oc- (a) IN GENERAL.—In addition to any other period at the end the following: ‘‘and tober 1, 2004, through March 31, 2005’’. authority of a State to transfer funds, for $123,000,000 for the period of October 1, 2004, (10) TRANSPORTATION INFRASTRUCTURE FI- fiscal year 2005, a State may transfer any through March 31, 2005’’. NANCE AND INNOVATION.—Section 188 of title funds apportioned to the State for any pro- (C) PARK ROADS AND PARKWAYS.—Section 23, United States Code, is amended— gram under section 104(b) (including 1101(a)(8)(C) of such Act (112 Stat. 112; 118 (A) in subsection (a)(1)— amounts apportioned under section 104(b)(3) Stat. 878) is amended by inserting before the (i) by striking ‘‘and’’ at the end of subpara- or set aside, made available, or suballocated period at the end the following: ‘‘and graph (E); under section 133(d)) or 144 of title 23, United $82,500,000 for the period of October 1, 2004, (ii) by striking the period at the end of States Code, before, on, or after the date of through March 31, 2005’’. subparagraph (F) and inserting ‘‘; and’’; and enactment of this Act, that are subject to (D) REFUGE ROADS.—Section 1101(a)(8)(D) of (iii) by adding at the end the following: any limitation on obligations, and that are ‘‘(G) $70,000,000 for the period of October 1, not obligated, to any other of those pro- such Act (112 Stat. 112; 118 Stat. 878) is amended by inserting before the period at 2004, through March 31, 2005.’’; grams. (B) in subsection (a)(2)— (b) TREATMENT OF TRANSFERRED FUNDS.— the end the following: ‘‘and $10,000,000 for the (i) by striking ‘‘2003 and’’ and inserting Any funds transferred to another program period of October 1, 2004, through March 31, ‘‘2003,’’; and under subsection (a) shall be subject to the 2005’’. (ii) by inserting after ‘‘2004’’ the following: provisions of the program to which the funds (2) NATIONAL CORRIDOR PLANNING AND DE- are transferred, except that funds trans- VELOPMENT AND COORDINATED BORDER INFRA- ‘‘and $1,000,000 for the period of October 1, ferred to a program under section 133 (other STRUCTURE PROGRAMS.—Section 1101(a)(9) of 2004, through March 31, 2005’’; and than subsections (d)(1) and (d)(2)) of title 23, such Act (112 Stat. 112; 118 Stat. 878) is (C) in subsection (c)— United States Code, shall not be subject to amended by inserting before the period at (i) by striking ‘‘2004’’ and inserting ‘‘2005’’; section 133(d) of that title. the end the following: ‘‘and $70,000,000 for the and (c) RESTORATION OF APPORTIONMENTS.— period of October 1, 2004, through March 31, (ii) by striking the period at the end of the (1) IN GENERAL.—As soon as practicable 2005’’. table and inserting the following: after the date of enactment of a multiyear (3) CONSTRUCTION OF FERRY BOATS AND law reauthorizing the Federal-aid highway FERRY TERMINAL FACILITIES.— ‘‘2005 ...... $1,300,000,000.’’. program enacted after the date of enactment (A) IN GENERAL.—Section 1101(a)(10) of such of this Act, the Secretary shall restore any Act (112 Stat. 112; 118 Stat. 878) is amended (b) AUTHORIZATION OF APPROPRIATIONS funds that a State transferred under sub- by inserting before the period at the end the UNDER TITLE V OF TEA21.— section (a) for any project not eligible for following: ‘‘and $19,000,000 for the period of (1) SURFACE TRANSPORTATION RESEARCH.— the funds but for this section to the program October 1, 2004, through March 31, 2005’’. Section 5001(a)(1) of the Transportation Eq- category from which the funds were trans- (B) SET ASIDE FOR ALASKA, NEW JERSEY, AND uity Act for the 21st Century (112 Stat. 419; ferred. WASHINGTON.—To carry out section 1064 of 118 Stat. 879) is amended— (2) PROGRAM CATEGORY RECONCILIATION.— the Intermodal Surface Transportation Effi- (A) by striking ‘‘2003, and’’ and inserting The Secretary may establish procedures ciency Act of 1991 (23 U.S.C. 129 note; 105 ‘‘2003,’’; and

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9451

(B) by inserting after ‘‘2004’’ the following: (g) BRIDGE DISCRETIONARY.—Section (d) ALCOHOL-IMPAIRED DRIVING COUNTER- ‘‘, and $52,500,000 for the period of October 1, 1101(g)(1) of such Act (117 Stat. 1117; 118 Stat. MEASURES INCENTIVE GRANTS.—Section 2004, through March 31, 2005’’. 880) is amended by inserting after ‘‘2004’’ the 2009(a)(4) of such Act (112 Stat. 337; 117 Stat. (2) TECHNOLOGY DEPLOYMENT PROGRAM.— following: ‘‘and $50,000,000 for the period of 1120) is amended by ‘‘and $20,000,000 for the Section 5001(a)(2) of such Act (112 Stat. 419; October 1, 2004, through March 31, 2005’’. period October 1, 2004, through March 31, 118 Stat. 879) is amended— (h) INTERSTATE MAINTENANCE.—Section 2005’’ after ‘‘fiscal year 2004’’. (A) by striking ‘‘2003, and’’ and inserting 1101(h)(1) of such Act (117 Stat. 1117; 118 Stat. (e) NATIONAL DRIVER REGISTER.—Section ‘‘2003,’’; and 880) is amended by inserting after ‘‘2004’’ the 2009(a)(6) of such Act (112 Stat. 338; 117 Stat. (B) by inserting after ‘‘2004’’ the following: following: ‘‘and $50,000,000 for the period of 1120) is amended by inserting ‘‘and $2,000,000 ‘‘, and $27,500,000 for the period of October 1, October 1, 2004, through March 31, 2005’’. for the period October 1, 2004, through March 2004, through March 31, 2005’’. (i) RECREATIONAL TRAILS ADMINISTRATIVE 31, 2005’’ after ‘‘fiscal year 2004’’. (3) TRAINING AND EDUCATION.—Section COSTS.—Section 1101(i)(1) of such Act (117 SEC. 7. FEDERAL MOTOR CARRIER SAFETY AD- 5001(a)(3) of such Act (112 Stat. 420; 118 Stat. Stat. 1117; 118 Stat. 880) is amended by in- MINISTRATION PROGRAM. 879) is amended— serting after ‘‘2004’’ the following: ‘‘and (a) ADMINISTRATIVE EXPENSES.—Section (A) by striking ‘‘2003, and’’ and inserting $375,000 for the period of October 1, 2004, 7(a)(1) of the Surface Transportation Exten- ‘‘2003,’’; and through March 31, 2005’’. sion Act of 2003 (117 Stat. 1120) is amended by (B) by inserting after ‘‘2004’’ the following: (j) RAILWAY-HIGHWAY CROSSING HAZARD inserting ‘‘and $130,000,000 for the period Oc- ‘‘, and $10,500,000 for the period of October 1, ELIMINATION IN HIGH SPEED RAIL COR- tober 1, 2004, through March 31, 2005’’ after 2004, through March 31, 2005’’. RIDORS.—Section 1101(j)(1) of such Act (117 ‘‘fiscal year 2004’’. Stat. 1118; 118 Stat. 880) is amended— (4) BUREAU OF TRANSPORTATION STATIS- (b) MOTOR CARRIER SAFETY ASSISTANCE (1) by inserting before ‘‘; except’’ the fol- TICS.—Section 5001(a)(4) of such Act (112 PROGRAM.—Section 31104(a) of title 49, Stat. 420; 118 Stat. 879) is amended by insert- lowing: ‘‘and $2,625,000 for the period of Octo- United States Code, is amended by adding at ing before the period at the end the fol- ber 1, 2004, through March 31, 2005’’; and the end the following: lowing: ‘‘, and $15,500,000 for the period of Oc- (2) by inserting before ‘‘for eligible’’ the ‘‘(8) Not more than $84,500,000 for for the tober 1, 2004, through March 31, 2005’’. following: ‘‘and not less than $125,000 instead period October 1, 2004, through March 31, (5) ITS STANDARDS, RESEARCH, OPERATIONAL of $250,000 shall be available for the period of 2005.’’. October 1, 2004, through March 31, 2005’’. TESTS, AND DEVELOPMENT.—Section 5001(a)(5) (c) INFORMATION SYSTEMS AND COMMERCIAL (k) NONDISCRIMINATION.—Section 1101(k) of of such Act (112 Stat. 420; 118 Stat. 879) is DRIVER’S LICENSE GRANTS.— such Act (117 Stat. 1118; 118 Stat. 880) is amended— (1) AUTHORIZATION OF APPROPRIATION.—Sec- amended— (A) by striking ‘‘2003, and’’ and inserting tion 31107(a) of such title is amended by add- (1) in paragraph (1) by inserting after ‘‘2003,’’; and ing at the end the following: ‘‘2004’’ the following: ‘‘and $5,000,000 for the (B) by inserting after ‘‘2004’’ the following: ‘‘(6) $9,500,000 for the period October 1, 2004, period of October 1, 2004, through March 31, ‘‘, and $57,500,000 for the period of October 1, through March 31, 2005.’’. 2005’’; and 2004, through March 31, 2005’’. (2) EMERGENCY CDL GRANTS.—Section 7(c) of (2) in paragraph (2) by inserting after (6) ITS DEPLOYMENT.—Section 5001(a)(6) of the Surface Transportation Extension Act of ‘‘2004’’ the following: ‘‘and $5,000,000 for the such Act (112 Stat. 420; 118 Stat. 879) is 2003 (117 Stat. 1121) is amended by inserting period of October 1, 2004, through March 31, amended— ‘‘and up to $500,000 for the period October 1, 2005’’. (A) by striking ‘‘2003, and’’ and inserting 2004, through March 31, 2005,’’ after (l) ADMINISTRATION OF FUNDS.—Funds au- ‘‘2003,’’; and ‘‘$1,000,000’’. thorized by the amendments made by this (B) by inserting after ‘‘2004’’ the following: (d) CRASH CAUSATION STUDY.—Section 7(d) section shall be administered as if the funds ‘‘, and $62,000,000 for the period of October 1, of such Act is amended by inserting ‘‘and up had been apportioned, allocated, deducted, or 2004, through March 31, 2005’’. to $500,000 for the period October 1, 2004, set aside, as the case may be, under title 23, (7) UNIVERSITY TRANSPORTATION RE- through March 31, 2005,’’ after ‘‘fiscal year United States Code, except that the deduc- SEARCH.—Section 5001(a)(7) of such Act (112 2004.’’. tions under sections 104(a)(1)(A) and Stat. 420; 118 Stat. 880) is amended— SEC. 8. EXTENSION OF FEDERAL TRANSIT PRO- (A) by striking ‘‘2003, and’’ and inserting 104(a)(1)(B) of such title shall not apply to funds made available by the amendment GRAMS. ‘‘2003,’’; and (a) ALLOCATING AMOUNTS.—Section 5309(m) (B) by inserting after ‘‘2004’’ the following: made by subsection (a)(1) of this section. (m) REDUCTION OF ALLOCATED PROGRAMS.— of title 49, United States Code, is amended— ‘‘, and $13,500,000 for the period of October 1, The Secretary shall reduce the amount that (1) in paragraph (1), in the matter pre- 2004, through March 31, 2005’’. would be made available, but for this sec- ceding subparagraph (A), by adding at the ETROPOLITAN PLANNING.— (c) M tion, for fiscal year 2005 for allocation under end the following: ‘‘and for the period of Oc- (1) AUTHORIZATION OF CONTRACT AUTHOR- a program, that is continued both by a tober 1, 2004 through March 31, 2005,’’; ITY.—There shall be available from the High- multiyear law reauthorizing such program (2) in paragraph (2)(B), by inserting at the way Trust Fund (other than the Mass Tran- enacted after the date of enactment of this end the following: sit Account) to carry out section 134 of title Act and by this section, by the amount made ‘‘(iii) OCTOBER 1, 2004 THROUGH MARCH 31, 23, United States Code, $120,000,000 for the pe- available for such program by this section. 2005.—Of the amounts made available under riod of October 1, 2004, through March 31, (n) PROGRAM CATEGORY RECONCILIATION.— paragraph (1)(B), $5,200,000 shall be available 2005. The Secretary may establish procedures for the period of October 1, 2004, through (2) DISTRIBUTION OF FUNDS.—The Secretary under which funds allocated under this sec- March 31, 2005, for capital projects described shall distribute funds made available by this tion for fiscal year 2005 for a program cat- in clause (i).’’; subsection to the States in accordance with egory for which funds are not authorized for (3) in paragraph (3)(B), by striking ‘‘2004’’ section 104(f)(2) of title 23, United States fiscal year 2005 under a multiyear law reau- and inserting ‘‘2004 (and $1,500,000 shall be Code. thorizing the Federal-aid highway program available for the period October 1, 2004, (3) CONTRACT AUTHORITY.—Funds made enacted after the date of enactment of this through March 31, 2005)’’; and available by this subsection shall be avail- Act may be restored to the Federal-aid high- (4) in paragraph (3)(C), by inserting after able for obligation in the same manner as if way program. ‘‘2004’’ the following: ‘‘(and $25,000,000 shall such funds were apportioned under chapter 1 SEC. 6. NATIONAL HIGHWAY TRAFFIC SAFETY AD- be available for the period October 1, 2004, of title 23, United States Code, and shall be MINISTRATION PROGRAMS. through March 31, 2005)’’. subject to a limitation on obligations for (a) CHAPTER 4 HIGHWAY SAFETY PRO- (b) APPORTIONMENT OF APPROPRIATIONS FOR Federal-aid highways and highway safety GRAMS.—Section 2009(a)(1) of the Transpor- FIXED GUIDEWAY MODERNIZATION.—The Sec- construction programs. tation Equity Act for the 21st Century (112 retary of Transportation shall determine the (d) TERRITORIES.—Section 1101(d)(1) of the Stat. 337; 117 Stat. 1119) is amended by strik- amount that each urbanized area is to be ap- Transportation Equity Act for the 21st Cen- ing ‘‘2004.’’ and inserting ‘‘2004, and portioned for fixed guideway modernization tury (117 Stat. 1116; 118 Stat. 880) is amended $82,500,000 for the period October 1, 2004, under section 5337 of title 49, United States by inserting after ‘‘2004’’ the following: ‘‘and through March 31, 2005.’’. Code, on a pro rata basis to reflect the par- $18,200,000 for the period of October 1, 2004, (b) HIGHWAY SAFETY RESEARCH AND DEVEL- tial fiscal year 2005 funding made available through March 31, 2005’’. OPMENT.—Section 2009(a)(2) of such Act (112 by subparagraphs (A)(vii) and (B)(vii) of sec- (e) ALASKA HIGHWAY.—Section 1101(e)(1) of Stat. 337; 117 Stat. 1119) is amended by strik- tion 5338(b)(2) of such title. such Act (117 Stat. 1116; 118 Stat. 880) is ing ‘‘2004’’ and inserting ‘‘2004, and $36,000,000 (c) FORMULA GRANTS AUTHORIZATIONS.— amended by inserting after ‘‘2004’’ the fol- for the period October 1, 2004, through March Section 5338(a)(2) of title 49, United States lowing: ‘‘and $9,400,000 for the period of Octo- 31, 2005’’. Code, is amended— ber 1, 2004, through March 31, 2005’’. (c) OCCUPANT PROTECTION INCENTIVE (1) in the paragraph heading, by inserting (f) OPERATION LIFESAVER.—Section GRANTS.—Section 2009(a)(3) of such Act (112 ‘‘AND FOR THE PERIOD OF OCTOBER 1, 2004 1101(f)(1) of such Act (117 Stat. 1117; 118 Stat. Stat. 337; 117 Stat. 1120) is amended by in- THROUGH MARCH 31, 2005’’ after ‘‘2004’’; 880) is amended by inserting after ‘‘2004’’ the serting ‘‘and $10,000,000 for the period Octo- (2) in subparagraph (A)— following: ‘‘and $250,000 for the period of Oc- ber 1, 2004, through March 31, 2005’’ after ‘‘fis- (A) in clause (v), by striking ‘‘and’’ at the tober 1, 2004, through March 31, 2005’’. cal year 2004’’. end;

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9452 CONGRESSIONAL RECORD — SENATE September 21, 2004 (B) in clause (vi), by striking the period at (1) in subparagraph (C), by inserting ‘‘or paragraph (1) shall be available for the pur- the end and inserting ‘‘; and’’; and any portion of a fiscal year’’ after ‘‘fiscal poses identified in section 3015(d) of the Fed- (C) by adding at the end the following: year’’. eral Transit Act of 1998 (112 Stat. 857). ‘‘(vii) $1,747,128,500 for the period of Octo- (g) RESEARCH.—Section 5338(d)(2) of such (3) CONFORMING AMENDMENT.—Section ber 1, 2004, through March 31, 2005.’’; title is amended— 3015(d)(2) of the Federal Transit Act of 1998 (1) in subparagraph (B)— (1) in the paragraph heading by inserting (112 Stat. 857) is amended by inserting ‘‘or in (A) in clause (v), by striking ‘‘and’’ at the after ‘‘2004’’ the following: ‘‘AND FOR THE PE- the period October 1, 2004 through March 31, end; RIOD OF OCTOBER 1, 2004 THROUGH MARCH 31, 2005’’ after ‘‘2004’’. (B) in clause (vi), by striking the period at 2005’’; (k) ADMINISTRATION AUTHORIZATIONS.—Sec- the end and inserting ‘‘; and’’; and (2) in subparagraph (A)— tion 5338(f)(2) of title 49, United States Code, (C) by adding at the end the following: (A) in clause (v), by striking ‘‘and’’ at the is amended— ‘‘(vii) $256,459,000 for the period of October end; (1) in the paragraph heading by inserting 1, 2004, through March 31, 2005.’’; and (B) in clause (vi), by striking the period at after ‘‘2004’’ the following: ‘‘AND FOR THE PE- (1) in subparagraph (C), by striking ‘‘2003’’ the end and inserting ‘‘; and’’; and RIOD OF OCTOBER 1, 2004 THROUGH MARCH 31, and inserting ‘‘2004 (other than for the period (C) by adding at the end the following: 2005’’; of October 1, 2004 through March 31, 2005)’’. ‘‘(vii) $23,980,000 for the period of October 1, (2) in subparagraph (A)— 2004, through March 31, 2005.’’; (A) in clause (v), by striking ‘‘and’’ at the (d) ALLOCATION OF FORMULA GRANT FUNDS (1) in subparagraph (B)— end; FOR THE PERIOD OF OCTOBER 1, 2004 THROUGH (A) in clause (v), by striking ‘‘and’’ at the (B) in clause (vi), by striking the period at MARCH 31, 2005.—Of the aggregate of amounts end; the end and inserting ‘‘; and’’; and made available by or appropriated under sec- (B) in clause (vi), by striking the period at (C) by adding at the end the following: tion 5338(a)(2) of title 49, United States Code, the end and inserting ‘‘; and’’; and ‘‘(vii) $34,008,000 for the period of October 1, for the period of October 1, 2004 through (C) by adding at the end the following: 2004, through March 31, 2005.’’; March 31, 2005— ‘‘(vii) $3,520,000 for the period of October 1, (2) in subparagraph (B)— ‘‘(1) $2,424,975 shall be available to the 2004, through March 31, 2005.’’; and (A) in clause (v), by striking ‘‘and’’ at the Alaska Railroad for improvements to its pas- (1) in subparagraph (C), by inserting ‘‘other end; senger operations under section 5307 of such than for the period from October 1, 2004 (B) in clause (vi), by striking the period at title; through March 31, 2005’’ after ‘‘fiscal year’’. the end and inserting ‘‘; and’’; and ‘‘(2) $25,000,000 shall be available to carry (h) ALLOCATION OF RESEARCH FUNDS FOR (C) by adding at the end the following: out section 5308 of such title; THE PERIOD FROM OCTOBER 1, 2004 THROUGH ‘‘(vii) $4,992,000 for the period of October 1, ‘‘(3) $47,344,500 shall be available to provide MARCH 31, 2005.—Of the funds made available 2004, through March 31, 2005.’’. transportation services to elderly individ- by or appropriated under section 5338(d)(2) of (l) JOB ACCESS AND REVERSE COMMUTE PRO- uals and individuals with disabilities under title 49, United States Code, for the period of GRAM.—Section 3037(l) of the Federal Transit section 5310 of such title; October 1, 2004 through March 31, 2005— Act of 1998 (49 U.S.C. 5309 note) is amended— ‘‘(4) $125,660,195 shall be available to pro- (1) not less than $2,625,000 shall be avail- (1) in paragraph (1)(A)— vide financial assistance for other than ur- able for providing rural transportation as- (A) in clause (v), by striking ‘‘and’’ at the banized areas under section 5311 of such title; sistance under section 5311(b)(2) of such title; end; and (2) not less than $4,125,000 shall be avail- (B) in clause (vi), by striking the period at ‘‘(5) $1,799,682,829 shall be available to pro- able for carrying out transit cooperative re- the end and inserting ‘‘; and’’; and vide financial assistance for urbanized areas search programs under section 5313(a) of such (C) by adding at the end the following: under section 5307 of such title.’’. title; ‘‘(vii) $54,500,000 for the period of October 1, (e) CAPITAL PROGRAM AUTHORIZATIONS.— (3) not less than $2,000,000 shall be avail- 2004 through March 31, 2005.’’; Section 5338(b)(2) of title 49, United States able to carry out programs under the Na- (2) in paragraph (1)(B)— Code, is amended— tional Transit Institute under section 5315 of (A) in clause (v), by striking ‘‘and’’ at the (1) in the paragraph heading by adding such title, including not more than $500,000 end; after ‘‘2004’’ the following: ‘‘AND FOR THE PE- shall be available to carry out section (B) in clause (vi), by striking the period at RIOD OF OCTOBER 1, 2004 THROUGH MARCH 31, 5315(a)(16) of such title; and the end and inserting ‘‘; and’’; and 2005’’; (4) the remainder shall be available for car- (C) by adding at the end the following: (2) in subparagraph (A)— rying out national planning and research ‘‘(vii) $8,000,000 for the period of October 1, (A) in clause (v), by striking ‘‘and’’ at the programs under sections 5311(b)(2), 5312, 2004 through March 31, 2005.’’; and end; 5313(a), 5314, and 5322 of such title. (3) in paragraph (2), by inserting before the (B) in clause (vi), by striking the period at (i) UNIVERSITY TRANSPORTATION RESEARCH period at the end the following: ‘‘, except AUTHORIZATIONS.—Section 5338(e)(2) of title the end and inserting ‘‘; and’’; and that in the period of October 1, 2004 through 49, United States Code, is amended— (C) by adding at the end the following: March 31, 2005, not more than $5,000,000 shall (1) in the paragraph heading by adding ‘‘(vii) $1,488,427,500 for the period of Octo- be used for such projects’’. after ‘‘2004’’ the following: ‘‘AND FOR THE PE- ber 1, 2004, through March 31, 2005.’’; and (m) RURAL TRANSPORTATION ACCESSIBILITY RIOD OF OCTOBER 1, 2004 THROUGH MARCH 31, (2) in subparagraph (B)— INCENTIVE PROGRAM.—Section 3038(g) of the 2005’’; (A) in clause (v), by striking ‘‘and’’ at the Federal Transit Act of 1998 (49 U.S.C. 5310 (2) in subparagraph (A), by inserting ‘‘and end; note) is amended— $2,616,000 for the period from October 1, 2004 (B) in clause (vi), by striking the period at (1) in paragraph (1), by adding at the end through March 31, 2005’’ after ‘‘2004’’; the end and inserting ‘‘; and’’; and the following: (3) in subparagraph (B), by inserting ‘‘and (C) by adding at the end the following: ‘‘(G) $2,625,000 for the period of October 1, $384,000 for the period from October 1, 2004 ‘‘(vii) $218,485,000 for the period of October 2004 through March 31, 2005.’’; and through March 31, 2005’’ after ‘‘2004’’; and 1, 2004, through March 31, 2005.’’. (2) in paragraph (2), by inserting ‘‘(and (4) in subparagraph (C)— $850,000 shall be available for the period of (f) PLANNING AUTHORIZATIONS AND ALLOCA- (A) in clause (i), by inserting ‘‘(other than October 1, 2004, through March 31, 2005)’’ TIONS.—Section 5338(c)(2) of title 49, United for the period of October 1, 2004 through after ‘‘2004’’. States Code, is amended— March 31, 2005)’’ after ‘‘fiscal year’’; and (n) URBANIZED AREA FORMULA GRANTS.— (1) in the paragraph heading by inserting (B) in clause (iii), by inserting ‘‘(other than Section 5307(b)(2) of title 49, United States after ‘‘2004’’ the following: ‘‘AND FOR THE PE- for the period of October 1, 2004 through Code, is amended— RIOD OF OCTOBER 1, 2004 THROUGH MARCH 31, March 31, 2005)’’ after ‘‘fiscal year’’. (1) in the heading, by inserting ‘‘AND FOR 2005’’; (j) UNIVERSITY TRANSPORTATION RESEARCH THE PERIOD OF OCTOBER 1, 2004, THROUGH (2) in subparagraph (A)— FUNDS.— MARCH 31, 2005’’ after ‘‘2004’’; and (A) in clause (v), by striking ‘‘and’’ at the (1) IN GENERAL.— Of the amounts made (2) in subparagraph (A), by inserting ‘‘and end; available under section 5338(e)(2)(A) of title for the period of October 1, 2004, through (B) in clause (vi), by striking the period at 49, United States Code, for the period Octo- March 31, 2005’’ after ‘‘2004’’. the end and inserting ‘‘; and’’; and ber 1, 2004 through March 31, 2005— (o) OBLIGATION CEILING.—Section 3040 of (C) by adding at the end the following: (A) $1,000,000 shall be available for the cen- the Federal Transit Act of 1998 (112 Stat. 394; ‘‘(vii) $31,828,000 for the period of October 1, ter identified in section 5505(j)(4)(A) of such 118 Stat. 708) is amended— 2004, through March 31, 2005.’’; title; and (1) in paragraph (5), by striking ‘‘and’’ at (1) in subparagraph (B)— (B) $1,000,000 shall be available for the cen- the end; (A) in clause (v), by striking ‘‘and’’ at the ter identified in section 5505(j)(4)(F) of such (2) in paragraph (6), by striking the period end; title. at the end and inserting ‘‘; and’’; and (B) in clause (vi), by striking the period at (2) TRAINING AND CURRICULUM DEVELOP- (3) by adding at the end the following: the end and inserting ‘‘; and’’; and MENT.—Notwithstanding section 5338(e)(2) of ‘‘(7) $3,879,000,000 for the period of October (C) by adding at the end the following: title 49, United States Code, any amounts 1, 2004, through March 31, 2005.’’. ‘‘(vii) $4,672,000 for the period of October 1, made available under such section for such (p) FUEL CELL BUS AND BUS FACILITIES 2004, through March 31, 2005.’’; and period that remain after distribution under PROGRAM.—Section 3015(b) of the Federal

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9453 Transit Act of 1998 (112 Stat. 361; 118 Stat. striking ‘‘Surface Transportation Extension Whereas the future well-being of the Na- 885) is amended by inserting ‘‘(or, in the case Act of 2004, Part V’’ each place it appears tion is dependent on the value placed on of the period of October 1, 2004, through and inserting ‘‘Surface Transportation Ex- young people and the opportunities provided March 31, 2005, $2,425,000) after ‘‘$4,850,000’’. tension Act of 2004, Part VI’’. for youth to acquire the knowledge, skills, (q) ADVANCED TECHNOLOGY PILOT (2) BOAT SAFETY ACCOUNT.—Subsection (c) and abilities necessary to develop into safe, PROJECT.—Section 3015(c)(2) of the Federal of section 9504 of such Code is amended— healthy, and productive adults; Transit Act of 1998 (49 U.S.C. 322 note; 118 (A) by striking ‘‘October 1, 2004’’ and in- Whereas the National Network for Youth Stat. 885) is amended— serting ‘‘April 1, 2005’’, and and its members advocate on behalf of run- (1) by inserting ‘‘, and $2,500,000 for the pe- (B) by striking ‘‘Surface Transportation away and homeless youth and provide an riod of October 1, 2004, through March 31, Extension Act of 2004, Part V’’ and inserting array of community-based support services 2005,’’ after ‘‘per fiscal year’’. ‘‘Surface Transportation Extension Act of that address the critical needs of such youth; (r) PROJECTS FOR NEW FIXED GUIDEWAY 2004, Part VI’’. Whereas the National Runaway Switch- SYSTEMS AND EXTENSIONS TO EXISTING SYS- (3) EXCEPTION TO LIMITATION ON TRANS- board provides crisis intervention and refer- TEMS.—Section 3030 of the Federal Transit FERS.—Paragraph (2) of section 9504(d) of rals to reconnect runaway youth to their Act of 1998 (112 Stat. 373; 118 Stat. 885) is such Code is amended by striking ‘‘October 1, families and to link young people to local re- amended by inserting ‘‘and for the period of 2004’’ and inserting ‘‘April 1, 2005’’. sources that provide positive alternatives to October 1, 2004, through March 31, 2005,’’ (c) EFFECTIVE DATE.—The amendments running away; and after ‘‘2004’’ each place it appears. made by this section shall take effect on the Whereas the National Network for Youth (s) NEW JERSEY URBAN CORE PROJECT.— date of the enactment of this Act. and the National Runaway Switchboard are Section 3031(a)(3) of the Intermodal Surface (d) TEMPORARY RULE REGARDING ADJUST- co-sponsoring National Runaway Prevention Transportation Efficiency Act of 1991 (105 MENTS.—During the period beginning on the Month to increase public awareness of the Stat. 2122; 118 Stat. 885) is amended by in- date of the enactment of the Surface Trans- life circumstances of youth in high-risk situ- serting ‘‘and for the period of October 1, 2004, portation Extension Act of 2003 and ending ations and the need for safe, healthy, and through March 31, 2005, after ‘‘2004’’ each on March 31, 2005, for purposes of making any productive alternatives, resources, and sup- place it appears. estimate under section 9503(d) of the Internal ports for youth, families, and communities: (t) TREATMENT OF FUNDS.—Section 8(t) of Revenue Code of 1986 of receipts of the High- Now, therefore, be it the Surface Transportation Extension Act of way Trust Fund, the Secretary of the Treas- 2003 is amended— ury shall treat— Resolved, That the Senate designates No- (1) in paragraph (1), by striking ‘‘and by (1) each expiring provision of paragraphs vember 2004 as ‘‘National Runaway Preven- section 7 of the Surface Transportation Ex- (1) through (4) of section 9503(b) of such Code tion Month’’. tension Act of 2004, Part IV’’ and inserting which is related to appropriations or trans- ‘‘by section 7 of the Surface Transportation fers to such Fund to have been extended Extension Act of 2004, Part IV, and by sec- through the end of the 24-month period re- tion 8 of the Surface Transportation Exten- SENATE RESOLUTION 431—EX- ferred to in section 9503(d)(1)(B) of such Code, PRESSING THE SENSE OF THE sion Act of 2004, Part VI’’; and and (2) in paragraph (2), by inserting ‘‘for fiscal (2) with respect to each tax imposed under SENATE THAT THE UNITED NA- year 2004’’ after ‘‘section’’. the sections referred to in section 9503(b)(1) TIONS SECURITY COUNCIL (u) LOCAL SHARE.—Section 3011(a) of the of such Code, the rate of such tax during the SHOULD IMMEDIATELY CON- Federal Transit Act of 1998 (49 U.S.C. 5307 24-month period referred to in section SIDER AND TAKE APPROPRIATE note; 118 Stat. 886) is amended by inserting 9503(d)(1)(B) of such Code to be the same as ACTIONS TO RESPOND TO THE ‘‘and for the period of October 1, 2004, the rate of such tax as in effect on the date GROWING THREATS POSED BY through March 31, 2005’’ after ‘‘2004,’’. of the enactment of the Surface Transpor- CONDITIONS IN BURMA UNDER SEC. 9. EXTENSION OF AUTHORIZATION FOR USE tation Extension Act of 2003. OF TRUST FUNDS FOR OBLIGATIONS THE ILLEGITIMATE RULE OF UNDER TEA–21. f THE STATE PEACE AND DEVEL- (a) HIGHWAY TRUST FUND.— SUBMITTED RESOLUTIONS OPMENT COUNCIL (1) IN GENERAL.—Paragraph (1) of section 9503(c) of the Internal Revenue Code of 1986 is Mr. MCCONNELL (for himself, Mrs. amended— SENATE RESOLUTION 430—DESIG- FEINSTEIN, Mr. MCCAIN, Mr. FEINGOLD, (A) in the matter before subparagraph (A), NATING NOVEMBER 2004 AS ‘‘NA- Mrs. DOLE, Ms. MIKULSKI, Mr. BROWN- by striking ‘‘October 1, 2004’’ and inserting BACK, Mr. LEAHY, Mr. LUGAR, and Mr. ‘‘April 1, 2005’’, TIONAL RUNAWAY PREVENTION (B) by striking ‘‘or’’ at the end of subpara- MONTH’’ CORZINE) submitted the following reso- graph (J), Mr. HATCH (for himself and Mr. lution; which was referred to the Com- (C) by striking the period at the end of sub- LEAHY) submitted the following resolu- mittee on Foreign Relations; paragraph (K) and inserting ‘‘, or’’, tion; which was referred to the Com- Whereas the National League for Democ- racy, headed by Daw Aung San Suu Kyi, is (D) by inserting after subparagraph (K) the mittee on the Judiciary: following new subparagraph: the legitimately elected political leadership ‘‘(L) authorized to be paid out of the High- S. RES. 430 in Burma; way Trust Fund under the Surface Transpor- Whereas the prevalence of runaway and Whereas the ruling State Peace and Devel- tation Extension Act of 2004, Part VI.’’, and homeless youth in the United States is stag- opment Council, headed by General Than (E) in the matter after subparagraph (L), gering, with studies suggesting that between Shwe, and its affiliated organizations con- as added by this paragraph, by striking 1,600,000 and 2,800,000 young people live on tinue, through a variety of means, to violate ‘‘Surface Transportation Extension Act of the streets of the United States each year; the human rights and dignity of the people 2004, Part V’’ and inserting ‘‘Surface Trans- Whereas running away from home is wide- of Burma through murder, torture, rape, portation Extension Act of 2004, Part VI’’. spread, with 1 out of every 7 children in the forced relocation, the employment of child (2) MASS TRANSIT ACCOUNT.—Paragraph (3) United States running away before the age of soldiers, the use of forced labor, and the ex- of section 9503(e) of such Code is amended— 18; ploitation of child laborers; (A) in the matter before subparagraph (A), Whereas youth that end up on the streets Whereas the State Peace and Development by striking ‘‘October 1, 2004’’ and inserting are often those who have been thrown out of Council has detained over 1,300 prisoners of ‘‘April 1, 2005’’, their homes by their families, who have been conscience, including National League for (B) in subparagraph (H), by striking ‘‘or’’ physically, sexually, and emotionally abused Democracy leaders and supporters of democ- at the end of such subparagraph, at home, who have been discharged by State racy; (C) in subparagraph (I), by inserting ‘‘or’’ custodial systems without adequate transi- Whereas, under the repressive rule of the at the end of such subparagraph, tion plans, who have lost their parents State Peace and Development Council, the (D) by inserting after subparagraph (I) the through death or divorce, and who are too situation in Burma poses an immediate and following new subparagraph: poor to secure their own basic needs; growing threat to the Southeast Asia region, ‘‘(J) the Surface Transportation Extension Whereas effective programs supporting including through the unchecked spread of Act of 2004, Part VI,’’, and runaway youth and assisting young people in HIV/AIDS, the illicit production of, and traf- (E) in the matter after subparagraph (J), as remaining at home with their families suc- ficking in, narcotics, trafficking in persons, added by this paragraph, by striking ‘‘Sur- ceed because of partnerships created among and alleged efforts to purchase weapons from face Transportation Extension Act of 2004, families, community-based human service North Korea, China, and Russia; Part V’’ and inserting ‘‘Surface Transpor- agencies, law enforcement agencies, schools, Whereas, at the 58th session of the United tation Extension Act of 2004, Part VI’’. faith-based organizations, and businesses; Nations General Assembly, a resolution was (b) AQUATIC RESOURCES TRUST FUND.— Whereas preventing young people from adopted by the General Assembly that ex- (1) SPORT FISH RESTORATION ACCOUNT.— running away and supporting youth in high- presses grave concern about the ongoing sys- Paragraph (2) of section 9504(b) of the Inter- risk situations is a family, community, and tematic violations of human rights inflicted nal Revenue Code of 1986 is amended by national responsibility; upon the people of Burma and calls on the

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9454 CONGRESSIONAL RECORD — SENATE September 21, 2004 State Peace and Development Council to re- pressure can be placed on the SPDC be- ently spent a greater proportion of central lease all political prisoners, respect the re- fore they assume chairmanship of the government outlays on defense than any sults of the national elections in 1990, and re- ASEAN in 2006 to secure a meaningful other country in the Asia-Pacific region. The Burmese armed forces have doubled in size, store democracy to Burma; and path toward reconciliation that in- Whereas the National League for Democ- making them the second largest in South- racy has called upon the United Nations Se- cludes the full and unfettered partici- east Asia and, by some calculations, the 15th curity Council to intervene on behalf of the pation of the NLD. If the Security largest in the world. New command and con- people of Burma: Now, therefore, be it Council takes up the matter of Burma, trol structures have been put in place, and Resolved, That it is the sense of the Senate significant strides will be made toward capabilities in key support areas like intel- that the United Nations Security Council democracy and justice in that country. ligence, communications and logistics have should immediately consider and take appro- It is an understatement to say that I been substantially upgraded. The country’s priate actions to respond to the growing military infrastructure has also been im- am disappointed with the E.U.’s deci- proved. In addition, the Burma Army has ac- threats posed to the Southeast Asia region sion to allow ‘‘low level’’ participation by conditions in Burma under the illegit- quired a wide range of tracked and wheeled imate rule of the State Peace and Develop- by the SPDC in the upcoming ASEM armor, towed and self-propelled artillery, air ment Council, including the threats posed by meeting in Hanoi, Vietnam. Such ac- defense weapons, transport, small arms and widespread human rights violations, the un- tion serves only to prolong the suf- communications equipment. The air force checked spread of HIV/AIDS, the illicit pro- fering of the Burmese people, including has taken delivery of more than 150 heli- duction of, and trafficking in, narcotics, the hundreds currently languishing in copters, fighters, ground attack, transport and training aircraft. The Burma Navy too trafficking in persons, and alleged efforts by prisons for peacefully championing the has expanded dramatically, with new cor- the State Peace and Development Council to principles of freedom and justice, and vettes, missile patrol boats, offshore patrol purchase weapons from North Korea, China, the three NLD youths recently ar- vessels and riverine craft. and Russia. rested for the ‘‘heinous’’ crime of gath- Given its enormous expansion since 1988, Mr. MCCONNELL. Mr. President, ering signatures on a petition calling the massive influx of arms and equipment today I submit, along with some fellow for Suu Kyi’s release from house ar- since then, and the difficulties of keeping its current inventory fully operational, it might members of the unofficial, bipartisan rest. Senate Burma Caucus, a resolution ex- be expected that the Tatmadaw’s acquisition With France, Spain and Portugal re- programs would now be slowing down. Yet, pressing the sense of the Senate that portedly clamoring to derail the tough- over the past 18 months, there has been clear the United Nations Security Council ening of sanctions against Burma, it is evidence that the Rangoon regime continues should immediately consider and take only fair to ask: When will they act to to give its highest priority to the develop- appropriate actions to respond to the support the democrats of Burma? ment of Burma’s military capabilities. While some of the SPDC’s more ambitious growing threats posed by the State It is time the world’s democracies Peace and Development Council projects, such as the planned acquisition of make 2006 the ‘‘Year of Democracy’’ in strategic weapon systems, have reportedly (SPDC) in Burma to its immediate Burma. been shelved for the time being, other major neighbors and the entire region. I want to recognize Senators FEIN- contracts have gone ahead. China remains What are these threats? The un- STEIN, MCCAIN, MIKULSKI, FEINGOLD, Burma’s principal source of military tech- checked spread of HIV/AIDS that is LEAHY, and DOLE for their support of nology but, despite an arms embargo im- further aggravated by the SPDC’s use the resolution, and freedom and justice posed by its traditional suppliers, the regime of rape as a weapon of war against the has managed to find a number of new ven- in Burma. dors. people of Burma, particularly ethnic I ask unanimous consent that an ar- ARMS DELIVERIES women and girls; the illicit production ticle by William Ashton that appeared and trafficking in narcotics, which de- A survey of arms deals with Burma over in the Irrawaddy on the SPDC’s efforts the past 18 months has revealed the fol- stroys the lives of Asian youth and to procure weapons be printed in the lowing: families; trafficking in persons and RECORD. CHINA brutal crackdowns on ethnic minorities There being no objection, the article Rangoon is locked into a continuing close that create significant populations of was ordered to be printed in the logistical relationship with Beijing, due to internally displaced persons and refu- RECORD, as follows: the need to maintain all the arms and mili- gees; alleged efforts to purchase weap- THE ARMS KEEP COMING—BUT WHO PAYS? tary equipment purchased from China, at an ons from North Korea, the People’s Re- (By William Ashton) estimated cost of billions of dollars, since 1988. However, the SPDC is interested in ac- public of China and Russia. Burma’s ruling State Peace and Develop- quiring even more arms, and new weapons For the past decade, we have know ment Council, or SPDC, has been at pains that the SPDC poses a clear and and consignments of materiel continue to be over recent months to tell the international delivered. There have been reports of 200 present danger to the people of Burma, community that it is devoting a considerable heavy-duty trucks crossing the China-Burma including democracy leader and Nobel effort to implementing a new ‘‘road map’’ to border, and of shipments of unspecified ‘‘air Peace Prize recipient Daw Aung San multi-party democracy and introducing force weapons’’, multiple rocket launchers Suu Kyi, and other senior members of measures for a more open economy. The and possibly artillery. There were also re- the National League for Democracy military government has also claimed major ports in March 2004 that the Burma Army advances in promoting education and public was negotiating yet another arms deal with (NLD). Resolutions, statements and re- health, and in developing the country’s civil ports by the U.S. State Department, China, this time to buy obsolescent weapons infrastructure. being phased out by the People’s Liberation the United Nations, the European Na- The Rangoon regime can certainly point to Army. In addition, there have long been ru- tion (E.U.), and human rights organiza- an increase in diplomatic activity, and show mors that Burma has been negotiating with tions have repeatedly documented and visitors to Burma many new roads, buildings China for the purchase of combat heli- condemned brutal human rights viola- and dams. However, the SPDC’s statements copters, minesweepers, anti-ship missiles tions committed with impunity by the continue to ignore the fact that, for the past and sea mines. 15 years, a large proportion of its central NORTH KOREA SPDC. budget-probably between 35 and 45 per cent Today, there is no question that Bur- each year-has been allocated to the armed Rangoon’s developing relationship with ma’s myriad problems are no longer forces, or Tatmadaw. This does not include Pyongyang has gone well beyond the small the internal affair of a handful of psy- significant allocations to the defense sector arms ammunition purchased in 1990, and the sixteen 130mm artillery pieces acquired by chopathic generals in Rangoon. from off-budget sources and unofficial pay- the SPDC in 1998. For example, in 2003 a ments that never appear in the national ac- Last May, the NLD called upon the team of North Korean technicians was sent counts. Also, while an increasing proportion U.N. Security Council to intervene. to Rangoon to install surface-to-surface mis- of Burma’s annual defense expenditure is Secretary-General Kofi Annan, the siles on some new Burma Navy vessels. In now used to pay for recurring personnel and United Kingdom, and the Administra- addition, discussions have taken place be- maintenance costs, a high percentage is still tween Rangoon and Pyongyang over the pur- tion, who are scheduled to take over devoted to the acquisition of new arms and chase of a small submarine, and possibly chairmanship of the Council in October equipment from abroad. and November, respectively should even a number of SCUD short-range ballistic CONTINUED MILITARY EXPANSION missiles. Late last year there were even sug- heed their call. When the armed forces took back direct gestions that North Korea was assisting In Burma, time now favors the demo- political power in 1988, they launched an am- Burma with the construction of a nuclear re- crats. With the international commu- bitious defense expansion and modernization actor, raising the specter of the Rangoon re- nity’s continued vigilance, appropriate program. Since then, the regime has consist- gime one day acquiring a nuclear weapon.

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9455 INDIA Israel maintain close links with Rangoon. goes beyond Burma’s borders and ex- As part of a renewed effort to get closer to All have weapon systems that are on the tends to the entire Southeast Asia re- Burma, India has provided the Tatmadaw Tatmadaw’s wish list. In the past, these fac- gion. The SPDC has committed numer- with a range of weapons, ammunition and tors have often led to substantial sales of ous human rights abuses and detained equipment. In May 2003 the Indian Defense weapons, military equipment and dual use goods to Burma, and related training con- over 1,300 political prisoners. It has al- Ministry confirmed that it had sold the lowed the spread of HIV/AIDS to go un- Tatmadaw eighty 75mm howitzers (or tracts. ‘‘mountain guns’’). Also, India has report- PAYING THE BILL checked. It has engaged in the illicit edly sold mortar and artillery ammunition In considering the financial implications of production and trafficking of narcotics. to Rangoon, and advanced communications these sales, several factors need to be borne It has engaged in the trafficking of equipment. A Burmese military delegation in mind. Not only does the regime need to human beings. It has attempted to pur- visiting India in early 2004 said that the cover the initial purchase price of these chase weapons from North Korea, Tatmadaw welcomed further arms deals. The arms, but it faces the continuing costs of China, and Russia. Indian Defense Minister has stated that New keeping them serviceable, providing facili- The international community simply ties to house them, buying spare parts to Delhi is keen to sell Burma naval vessels. A cannot afford to ignore these threats demonstration by Indian combat aircraft in maintain them and training people to repair Burma this year prompted speculation about and use them. The latter often includes send- any longer. Inaction will only future sales to the Burma Air Force. ing selected military personnel overseas for strengthen the regime in Rangoon and specialized training, and in a few cases sup- UKRAINE foster greater instability in the South- porting foreign experts resident in country. east Asia region. This resolution sim- The Russian language press stated in late Some of these costs can be paid in local cur- ply encourages the United Nations Se- 2002 that the Ukraine had contracted to pro- rency, but they still constitute a heavy drain vide Burma with some 36D6 radar systems. In curity Council to consider the situa- on Burma’s precious foreign exchange re- tion in Burma carefully and take ap- mid-2003 it was reported that the Ukraine serves. The regime is still able to earn hard had sold the Tatmadaw 50 T–72 main battle currency through the export of gas, gems, propriate action. tanks. In February 2004, a Ukrainian-flagged timber, agricultural produce and other nat- While I am proud that the United ship made a secret delivery to Rangoon, ural resources, but its economy is facing States has acted in support of freedom probably of air defense weapons. Also, in major problems. These have not been helped and democracy in Burma, we need the May 2003, one of the Ukraine’s leading arms by the new sanctions imposed by the U.S. in help of our friends and allies to put exporters signed a contract with Burma June 2003, after a government mob violently worth US $500 million, to provide the Ran- pressure on the SPDC to change its be- attacked democratic opposition leader Aung havior and respect the wishes of the goon regime with components for 1,000 BTR– San Suu Kyi. 3U light armored personnel carriers. Over In the past, some of these costs have been Burmese people and the international the next ten years these vehicles will be sup- met through trade deals, under which Burma community. I urge my colleagues to plied in parts, and assembled in a new, pur- has paid for part of its contracts with pri- support the resolution. pose-built factory in Burma. More arms mary goods like rice and teak. North Korea f deals between Rangoon and Kiev are likely. and Russia, for example, have accepted such SERBIA commodities in part payment for arms and AMENDMENTS SUBMITTED AND In December 2003, Serbian language military equipment. Even the Russian nu- PROPOSED clear reactor could be paid for in part sources claimed that Rangoon had con- SA 3664. Mr. CAMPBELL submitted an tracted with Belgrade to buy a number of through barter arrangements. Also, for stra- tegic and other reasons, some arms suppliers amendment intended to be proposed by him ‘‘Nora’’ self-propelled howitzers. The cost of to the bill S. 2666, making appropriations for these weapons, which are marketed by have been very generous in their terms. For example, China has repeatedly offered the the Legislative Branch for the fiscal year Jugoimport-SDPR, is unknown. In addition, ending September 30, 2005, and for other pur- in March 2004 about 30 Serbian engineers ar- Rangoon regime special ‘‘friendship prices’’ for arms, and overlooked deadlines for the poses. rived in Burma to repair and upgrade the SA 3665. Mr. CAMPBELL proposed an Burma Air Force’s 12 Soko G–4 jets, which repayment of loans. The Ukrainian firm sell- ing Burma APCs has probably provided ven- amendment to the bill S. 2666, supra. were purchased from the Republic of Yugo- SA 3666. Mr. CAMPBELL (for Mr. STEVENS slavia in the 1990s. These aircraft have been dor financing of some kind. Even so, given the regime’s current debts, (for himself and Mr. DURBIN)) proposed an grounded for several years, due largely to a amendment to the bill S. 2666, supra. lack of spare parts. its continuing need for foreign logistical sup- port, and its latest acquisitions, the invest- SA 3667. Mr. CAMPBELL (for Mr. DURBIN) RUSSIA ment required now and in the future will be proposed an amendment to the bill S. 2666, In late 2002 the SPDC purchased eight huge for a country like Burma. These costs supra. MiG–29B–12 air superiority combat aircraft must inevitably be carried at the expense of SA 3668. Mr. LUGAR (for himself and Mr. and two dual-seat MiG–29UB trainers from other sectors of the government that are des- BIDEN) submitted an amendment intended to Russia, at a reported cost of about US $130 perate for scarce resources. be proposed by him to the bill S. 2781, to ex- press the sense of Congress regarding the million. All these aircraft were delivered to Mrs. FEINSTEIN. Mr. President, I Burma by the end of 2003. In addition, in conflict in Darfur, Sudan, to provide assist- July 2002 Rangoon signed a contract with the rise today to express my support for a ance for the crisis in Darfur and for com- Russian Ministry of Atomic Energy resolution submitted yesterday by Sen- prehensive peace in Sudan, and for other pur- (Minatom) for the construction of a nuclear ator MCCONNELL and myself that urges poses; which was referred to the Committee reactor in Burma. While the project has en- the United Nations Security Council to on Foreign Relations. countered major problems, probably due to respond to the growing threats posed SA 3669. Mr. MCCONNELL (for Mr. HOL- its cost, it may still go ahead. It is likely to the Southeast Asia region by condi- LINGS (for himself and Mr. MCCAIN)) proposed that the shipments of Russian military tions in Burma under the rule of the an amendment to the bill S. 2279, to amend title 46, United States Code, with respect to equipment detected in southern Burma in State Peace and Development Council April 2003, which were thought to be compo- maritime transportation security, and for nents for the reactor, were in fact deliveries (SPDC). other purposes. I have been proud to work with Sen- of a new communications system. f ator MCCONNELL to raise awareness SLOVAKIA about the situation in Burma and to TEXT OF AMENDMENTS According to a news report dated October put pressure on the SPDC to respect 2003, the Unipex Company of Slovakia is cur- SA 3664. Mr. CAMPBELL submitted rently being investigated for taking part in the wishes of the Burmese people, re- an amendment intended to be proposed the illegal export to Burma of machines for store democracy, and release from by him to the bill S. 2666, making ap- the manufacture of ‘‘artillery grenades’’ house arrest the leader of the National propriations for the Legislative Branch (possibly rocket propelled grenades). League for Democracy and Nobel Peace for the fiscal year ending September 30, It is likely that other contracts have been Prize winner, Aung San Suu Kyi. Con- 2005, and for other purposes; as follows: signed but not yet been made public. The fre- gress has acted decisively in support of quent visits to Rangoon of North Korean and these efforts by passing the Burmese On page 21, strike lines 13 and 14 and insert ‘‘approval of the Committee on Rules and Ukrainian cargo vessels over the past 18 Freedom and Democracy Act of 2003 to months, and the measures taken to hide the Administration of the Senate and the Com- nature of their cargoes, strongly suggests impose a complete ban on Burmese im- mittee on House Administration of the that other deliveries of arms and equipment ports for one year and renewing that House of Representatives.’’. have occurred. Several eastern European ban this past July. countries are keen to sell arms to Burma. There is still much work to be done. SA 3665. Mr. CAMPBELL proposed an Also, countries like Singapore, Pakistan and The threat posed by the military junta amendment to the bill S. 2666, making

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9456 CONGRESSIONAL RECORD — SENATE September 21, 2004 appropriations for the Legislative SEC. 2. DEFINITIONS. (10) According to the United Nations High Branch for the fiscal year ending Sep- In this Act: Commissioner for Refugees, 1,400,000 people tember 30, 2005, and for other purposes; (1) APPROPRIATE CONGRESSIONAL COMMIT- have been displaced in the Darfur region of as follows: TEES.—The term ‘‘appropriate congressional Sudan, of whom over 200,000 have been forced committees’’ means the Committee on For- to flee to Chad as refugees. On page 22, lines 23 and 24, strike ‘‘With re- eign Relations of the Senate and the Com- (11) The Government of Sudan conducted spect to claims within the jurisdiction of the mittee on International Relations of the aerial attack missions and deadly raids Senate’’ and insert ‘‘With respect to any House of Representatives. across the international border between claim of a Senator or an employee whose pay (2) JEM.—The term ‘‘JEM’’ means the Jus- Sudan and Chad in an illegal effort to pursue is disbursed by the Secretary of the Senate’’. tice and Equality Movement. Sudanese civilians seeking refuge in Chad. SA 3666. Mr. CAMPBELL (for Mr. (3) SLA.—The term ‘‘SLA’’ means the Su- (12) In addition to the thousands of violent danese Liberation Army. deaths directly caused by ongoing Sudanese STEVENS ( for himself and Mr. DURBIN) proposed an amendment to the bill S. (4) SPLM.—The term ‘‘SPLM’’ means the military and government sponsored Sudan People’s Liberation Movement. Janjaweed attacks in the Darfur region, the 2666, making appropriations for the Government of Sudan has restricted humani- Legislative Branch for the fiscal year SEC. 3. FINDINGS. Congress makes the following findings: tarian and human rights workers’ access to ending September 30, 2005, and for (1) A comprehensive peace agreement for the Darfur area, primarily through bureau- other purposes; as follows: Sudan, as envisioned in the Sudan Peace Act cratic and administrative obstruction, in an On page 42, between lines 14 and 15, insert (50 U.S.C. 1701 note), and in the Machakos attempt to inflict the most devastating the following: Protocol of 2002, is in jeopardy. harm on those displaced from their villages ADMINISTRATIVE PROVISION (2) Since 1989, the Government of Sudan and homes without any means of sustenance SEC. 1501. EXPANSION OF OPEN WORLD LEADER- has repeatedly engaged in and sponsored or- or shelter. SHIP COUNTRIES. chestrated campaigns of attacking and dis- (13) The Government of Sudan’s continued Section 313(j) of the Legislative Branch Ap- locating targeted civilian populations, dis- support for the Janjaweed and their obstruc- propriations Act, 2001 (2 U.S.C. 1151(j)) is rupting their ability to sustain themselves, tion of the delivery of food, shelter, and med- amended— and subsequently restricting assistance to ical care to the Darfur region is estimated by (1) in paragraph (1), by striking ‘‘and’’ those displaced in a coordinated policy of the World Health Organization to be result- after the semicolon; ethnic cleansing that is most recently evi- ing in up to 10,000 deaths per month and, (2) in paragraph (2), by striking the period dent in the Darfur region of Sudan. should current conditions persist, is pro- and inserting ‘‘; and’’; and (3) In response to 2 decades of civil conflict jected to escalate to thousands of deaths (3) by adding at the end the following: in Sudan, the United States has helped to es- each day by December 2004. ‘‘(3) any other country that is designated tablish an internationally supported peace (14) The Government of Chad served an im- by the Board, except that the Board shall no- process to promote a negotiated settlement portant role in facilitating the Darfur hu- tify the Committees on Appropriations of to the war that has resulted in a framework manitarian cease-fire (the N’Djamena Agree- the Senate and the House of Representatives peace agreement, the Nairobi Declaration on ment dated April 8, 2004) for the Darfur re- of the designation at least 90 days before the the Final Phase of Peace in the Sudan signed gion between the Government of Sudan and designation is to take effect.’’. June 5, 2004. the 2 opposition rebel groups in Darfur (the (4) At the same time that the Government JEM and the SLA) although both sides have SA 3667. Mr. CAMPBELL (for Mr. of Sudan was negotiating for a final country- violated it repeatedly. DURBIN) proposed an amendment to the wide peace, enumerated in the Nairobi Dec- (15) The people of Chad have responded bill S. 2666, making appropriations for laration on the Final Phase of Peace in the courageously to the plight of over 200,000 the Legislative branch for the fiscal Sudan, it refused to engage in any meaning- Darfur refugees by providing assistance to year ending September 30, 2005, and for ful discussion with regard to its ongoing them even though such assistance has ad- versely affected their own means of liveli- other purposes; as follows: campaign of ethnic cleansing in the region of Darfur. hood. On page 26, line 18, strike ‘‘$74,558,000’’ and (5) It was not until the international com- (16) The cooperation and inclusion of all insert ‘‘$74,063,000’’. munity expressed its outrage, through high Sudanese is essential to the establishment of On page 48, between lines 10 and 11, insert peace and security throughout all of Sudan. the following: level visits by Secretary of State Colin Pow- ell and others, and through United Nations (17) The African Union has demonstrated SEC. 211. COMMISSION ON THE ABRAHAM LIN- Security Council Resolution 1556 of July 30, renewed vigor in regional affairs through its COLN STUDY ABROAD FELLOWSHIP willingness to respond to the crisis in PROGRAM. 2004, that the Government of Sudan agreed Darfur, by convening talks between the par- (a) APPROPRIATION.—There are appro- to attend talks to bring peace to the Darfur priated, out of any money in the Treasury region. ties and deploying several hundred monitors not otherwise appropriated, for the fiscal (6) The Government of the United States, and security forces to the region, as well as year ending September 30, 2005, $495,000, for in both the executive branch and Congress, by recognizing the need for a far larger force the Commission on the Abraham Lincoln have concluded that genocide has been com- with a broader mandate. Study Abroad Fellowship Program estab- mitted and may still be occurring in Darfur, (18) Despite the threat of international ac- lished under section 104 of division H of the and that the Government of Sudan and the tion expressed through United Nations Secu- Consolidated Appropriations Act, 2004 (Pub- Janjaweed bear responsibility for the geno- rity Council Resolution 1556 of July 30, 2004, lic Law 108–199; 118 Stat. 435). cide. the Government of Sudan continues to ob- (b) EXTENSION OF REPORT AND TERMINATION (7) The United Nations High Commissioner struct and prevent efforts to reverse the cat- DATES.—Section 104 of division H of the Con- for Human Rights has identified massive astrophic consequences that loom over solidated Appropriations Act, 2004 (Public human rights violations in Darfur per- Darfur. Law 108–199; 118 Stat. 435) is amended— petrated by the Government of Sudan and SEC. 4. SENSE OF CONGRESS REGARDING THE (1) in subsection (f), by striking ‘‘December the Janjaweed, which the Commissioner CONFLICT IN DARFUR, SUDAN. 1, 2004’’ and inserting ‘‘December 1, 2005’’; stated may constitute war crimes or crimes (a) SUDAN PEACE ACT.—It is the sense of and against humanity. Congress that the Sudan Peace Act (50 U.S.C. (2) in subsection (g), by striking ‘‘Decem- (8) Evidence collected by international ob- 1701 note) remains relevant and should be ex- ber 31, 2004’’ and inserting ‘‘December 31, servers in the Darfur region between Feb- tended to include the Darfur region of 2005’’. ruary 2003 and September 2004 indicate a co- Sudan. ordinated effort to target African Sudanese (b) ACTIONS TO ADDRESS THE CONFLICT.—It SA 3668. Mr. LUGAR (for himself and civilians in a scorched earth policy, from is the sense of Congress that— Mr. BIDEN) submitted an amendment both air and ground, that has destroyed Afri- (1) a legitimate countrywide peace in intended to be proposed by him to the can Sudanese villages, killing and driving Sudan will only be possible if the Agreed bill S. 2781, to express the sense of Con- away its people, while Arab Sudanese vil- Principles of Part A of the Machakos Pro- gress regarding the conflict in Darfur, lages have been left unscathed. tocol of 2002, confirmed by the Nairobi Dec- Sudan, to provide assistance for the (9) As a result of this coordinated cam- laration on the Final Phase of Peace in the crisis in Darfur and for comprehensive paign, which Congress and the executive Sudan signed June 5, 2004, negotiated with branch have declared to be genocide, reports the SPLM, apply to all of Sudan and to all of peace in Sudan, and for other purposes; indicate tens of thousands of African Suda- the people of Sudan, including the Darfur re- which was referred to the Committee nese civilians killed, the systematic rape of gion; on Foreign Relations; as follows: thousands of women and girls, the destruc- (2) the parties to the N’Djamena Agree- Strike all after the enacting clause, and in- tion of hundreds of Fur, Masalit, and ment (the Government of Sudan, the SLA, sert the following: Zaghawa villages and other ethnically Afri- and the JEM) must meet their obligations SECTION 1. SHORT TITLE. can populations, including the poisoning of under that Agreement to allow safe and im- This Act may be cited as the ‘‘Comprehen- their wells and the plunder of crops and cat- mediate access of all humanitarian assist- sive Peace in Sudan Act of 2004’’. tle upon which they sustain themselves. ance throughout the Darfur region and must

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9457 expedite the conclusion of a political agree- between the Government of Sudan and the sistent with the authorities granted in the ment to end the genocide and conflict in SPLM, $100,000,000 for fiscal year 2005, in ad- International Emergency Economic Powers Darfur; dition to any other funds otherwise available Act (50 U.S.C. 1701 et seq.), block the assets (3) the United States should continue to for such purpose. of appropriate senior officials of the Govern- provide humanitarian assistance to the areas ‘‘(3) AVAILABILITY.—Amounts appropriated ment of Sudan. of Sudan to which the United States has ac- pursuant to the authorization of appropria- (b) CONTINUATION OF RESTRICTIONS.—Re- cess and, at the same time, develop a plan tions under paragraph (1) or (2) are author- strictions against the Government of Sudan similar to that described in section 10 of the ized to remain available until expended, not- that were imposed pursuant to title III and Sudan Peace Act to provide assistance to the withstanding any other provision of law sections 508, 512, and 527 of the Foreign Oper- areas of Sudan to which United States access other than the provisions of this section. ations, Export Financing, and Related Pro- has been obstructed or denied; ‘‘(b) REQUIREMENT FOR CERTIFICATION.—The grams Appropriations Act, 2004 (Division D (4) the international community, including assistance authorized under subsection (a)(2) of Public Law 108–199; 118 Stat. 143) or any African, Arab, and Muslim nations, should may be provided— other similar provision of law may not be immediately provide resources necessary to ‘‘(1) to the regions administered by the lifted pursuant to such provisions of law un- save the lives of hundreds of thousands of in- Government of Sudan, in accordance with less the President also makes the certifi- dividuals at risk as a result of the Darfur cri- the peace agreement described in subsection cation described in subsection (c) of section sis; (a)(2), only if the President submits the cer- 12 of the Sudan Peace Act, as added by sec- (5) the United States Ambassador-at-Large tification described in subsection (c); and tion 5. for War Crimes should travel to Chad and the ‘‘(2) to the regions administered by the SEC. 7. REQUIREMENT FOR REPORT. Darfur region immediately to investigate SPLM, in accordance with the peace agree- (a) REQUIREMENT.—Not later than 60 days war crimes and crimes against humanity to ment described in subsection (a)(2), only if after the date of enactment of this Act, the develop a more accurate understanding of the President submits the certification de- President shall submit to the appropriate the situation on the ground and to better in- scribed in subsection (d). congressional committees a report on the form the report required in section 11(b) of ‘‘(c) CERTIFICATION WITH REGARD TO AC- planned United States response to a com- the Sudan Peace Act; TIONS OF THE GOVERNMENT OF SUDAN.—The prehensive peace agreement for Sudan. (6) the United States and the international certification referred to in subsection (b)(1) (b) CONTENT.—The report required by sub- community should— is a certification submitted by the President section (a) shall include— (A) provide all necessary assistance to de- to the appropriate congressional committees (1) a description of the United States re- ploy and sustain an African Union Force of that— sponse to a modified peace process between at least 4,200 personnel to the Darfur region; ‘‘(1) the Government of Sudan is taking de- the Government of Sudan and the SPLM and monstrable steps to— that would account for the implementation (B) work to increase the authorized level ‘‘(A) ensure that the armed forces of Sudan of a peace in all regions of Sudan, in par- and expand the mandate of such forces com- and any associated militias are not attack- ticular Darfur; and mensurate with the gravity and scope of the ing civilians or obstructing human rights (2) a contingency plan for extraordinary problem in a region the size of France; monitors or the provision of humanitarian humanitarian assistance should the Govern- (7) the President, acting through the Sec- assistance; ment of Sudan continue to obstruct or delay retary of State and the Permanent Rep- ‘‘(B) demobilize and disarm militias sup- the international humanitarian response to resentative of the United States to the ported or created by the Government of the crisis in Darfur. United Nations, should ensure that Sudan Sudan; (c) FORM OF REPORT.—The report required fulfills its obligations under United Nations ‘‘(C) allow full and unfettered access for by subsection (a) may be submitted in classi- Security Council Resolutions 1556 (July 30, the provision of humanitarian assistance to fied form. 2004) and 1564 (September 18, 2004) all regions of Sudan, including Darfur; and SEC. 8. TECHNICAL CORRECTION. (8) sanctions should be imposed on the as- ‘‘(D) cooperate fully with the African Section 12 of the International Organiza- sets and activities of those Sudanese Govern- Union, the United Nations, and all other ob- tions Immunities Act (22 U.S.C. 288f–2) is ment officials and other individuals that are server, monitoring, and protection missions amended by striking ‘‘Organization of Afri- involved in carrying out the atrocities in the mandated to operate in Sudan; and can Unity’’ and inserting ‘‘African Union’’. Darfur region; ‘‘(2) the Government of Sudan is complying (9) the Government of the United States with the provisions of the peace agreement SA 3669. Mr. MCCONNELL (for Mr. should not normalize relations with Sudan, described in subsection (a)(2). HOLLINGS (for himself and Mr. including through the lifting of any sanc- ‘‘(d) CERTIFICATION WITH REGARD TO MCCAIN)) proposed an amendment to tions, until the Government of Sudan agrees SPLM’S COMPLIANCE WITH A PEACE AGREE- the bill S. 2279, to amend title 46, to, and takes demonstrable steps to imple- MENT.—The certification referred to in sub- United States Code, with respect to ment, peace agreements for all areas of section (b)(2) is a certification submitted by maritime transportation security, and Sudan, including Darfur; and the President to the appropriate congres- for other purposes; as follows: (10) Presidential Proclamation 6958 issued sional committees that the SPLM is com- November 22, 1996, which suspends entry into plying with the provisions of the peace SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the United States of members of the Govern- agreement described in subsection (a)(2). (a) SHORT TITLE.—This Act may be cited as ment of Sudan, officials of that Government, ‘‘(e) SUSPENSION OF ASSISTANCE.—If, on a the ‘‘Maritime Transportation Security Act and members of the Sudanese Armed Forces, date after the President submits a certifi- of 2004’’. should continue to remain in effect and be cation described in subsection (c) or (d), the (b) TABLE OF CONTENTS.—The table of con- strictly enforced. President determines that either the Govern- tents for this Act is as follows: SEC. 5. AMENDMENTS TO THE SUDAN PEACE ACT. ment of Sudan or the SPLM has ceased tak- Sec. 1. Short title; table of contents. Sec. 2. Enforcement; pier and wharf secu- (a) ASSISTANCE FOR THE CRISIS IN DARFUR ing the actions described in the applicable rity costs. AND FOR COMPREHENSIVE PEACE IN SUDAN.— subsection, the President shall immediately Sec. 3. Security at foreign ports. (1) IN GENERAL.—The Sudan Peace Act (50 suspend the provision of any assistance made Sec. 4. Federal and State commercial mari- U.S.C. 1701 note) is amended by adding at the available as a result of such certification time transportation training. end the following new section: until the date on which the President cer- tifies that such entity has resumed taking Sec. 5. Transportation worker background ‘‘SEC. 12. ASSISTANCE FOR THE CRISIS IN such actions.’’. investigation programs. DARFUR AND FOR COMPREHENSIVE Sec. 6. Report on cruise ship security. (2) CONFORMING AMENDMENT.—Section 3 of PEACE IN SUDAN. Sec. 7. Maritime transportation security the Sudan Peace Act (50 U.S.C. 1701 note) is ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— plan grants. ‘‘(1) HUMANITARIAN ASSISTANCE.—There is amended by adding at the end the following Sec. 8. Report on design of maritime secu- authorized to be appropriated to the Presi- new paragraph: rity grant programs. ‘‘(4) SPLM.—The term ‘SPLM’ means the dent for assistance to address the humani- SEC. 2. ENFORCEMENT; PIER AND WHARF SECU- tarian and human rights crisis in the Darfur Sudan People’s Liberation Movement.’’. RITY COSTS. (b) REPORTING REQUIREMENT.—Section 8 of region and its impact on eastern Chad, pur- (a) IN GENERAL.—Chapter 701 of title 46, suant to the authority in section 491 of the the Sudan Peace Act (50 U.S.C. 1701 note) is United States Code, is amended— Foreign Assistance Act of 1961 (22 U.S.C. amended in the first sentence by striking (1) by redesignating the second section 2292), $200,000,000 for fiscal year 2005, in addi- ‘‘Sudan.’’ and inserting ‘‘Sudan, including 70118 (relating to firearms, arrests, and sei- tion to any other funds otherwise available the conflict in the Darfur region.’’. zure of property), as added by section 801(a) for such purpose. SEC. 6. OTHER RESTRICTIONS. of the Coast Guard and Maritime Transpor- ‘‘(2) ADDITIONAL ASSISTANCE.—Subject to (a) BLOCKING OF ASSETS.—On the date that tation Act of 2004, as section 70119; the requirements of this section, there is au- is 120 days after the date of enactment of (2) by redesignating the first section 70119 thorized to be appropriated to the President, this Act, if the President has not submitted (relating to enforcement by State and local for development and humanitarian assist- the certification described in subsection officers), as added by section 801(a) of the ance for Sudan upon the conclusion of a per- (c)(1) of section 12 of the Sudan Peace Act, as Coast Guard and Maritime Transportation manent, just, and equitable peace agreement added by section 5, the President shall, con- Act of 2004, as section 70120)

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9458 CONGRESSIONAL RECORD — SENATE September 21, 2004 (3) by redesignating the second section foreign countries. The Administrator and the checks for individuals engaged in transpor- 70119 (relating to civil penalty), as redesig- Secretary shall establish a program to uti- tation or transportation-related activities; nated by section 802(a)(1) of the Coast Guard lize those programs that are capable of im- (2) setting forth a detailed timeline for im- and Maritime Transportation Act of 2004, as plementing port security antiterrorism plementation of such harmonization, com- section 70123; and measures at ports in foreign countries that bination, or coordination; (4) by inserting after section 70120 the fol- the Secretary finds, under section 70108, to (3) setting forth a plan with a detailed lowing: lack effective antiterrorism measures.’’. timeline for the implementation of the ‘‘§ 70121. Enforcement by injunction or with- (b) REPORT ON SECURITY AT PORTS IN THE Transportation Worker Identification Cre- holding of clearance CARIBBEAN BASIN.—Not later than 60 days dential in seaports; after the date of enactment of this Act, the (4) making recommendations for a waiver ‘‘(a) INJUNCTION.—The United States dis- Secretary of Homeland Security shall sub- and appeals process for issuing a transpor- trict courts shall have jurisdiction to re- mit to the Committee on Commerce, tation security card to an individual found strain violations of this chapter or of regula- Science, and Transportation of the Senate otherwise ineligible for such a card under tions issued hereunder, for cause shown. and Committee on Transportation and Infra- section 70105(c)(2) and (3) of title 46, United ‘‘(b) WITHHOLDING OF CLEARANCE.— structure of the House of Representatives a ‘‘(1) If any owner, agent, master, officer, or States Code, along with recommendations on report on the security of ports in the Carib- person in charge of a vessel is liable for a the appropriate level of funding for such a bean Basin. The report shall include the fol- penalty or fine under section 70119, or if rea- process; and lowing: sonable cause exists to believe that the (5) making recommendations for how infor- (1) An assessment of the effectiveness of owner, agent, master, officer, or person in mation collected through the Transportation the measures employed to improve security charge may be subject to a penalty under Worker Identification Credential program at ports in the Caribbean Basin and rec- section 70119, the Secretary may, with re- may be shared with port officials, terminal ommendations for any additional measures spect to such vessel, refuse or revoke any operators, and other officials responsible for to improve such security. maintaining access control while also pro- clearance required by section 4197 of the Re- (2) An estimate of the number of ports in vised Statutes of the United States (46 U.S.C. tecting workers’ privacy. the Caribbean Basin that will not be secured SEC. 6. REPORT ON CRUISE SHIP SECURITY. App. 91). by July 2004, and an estimate of the financial (a) IN GENERAL.—Not later than 120 days ‘‘(2) Clearance refused or revoked under impact in the United States of any action this subsection may be granted upon filing of after the date of enactment of this Act, the taken pursuant to section 70110 of title 46, Secretary of Homeland Security shall sub- a bond or other surety satisfactory to the United States Code, that affects trade be- Secretary. mit to the Senate Committee on Commerce, tween such ports and the United States. Science, and Transportation and the House ‘‘§ 70122. Security of piers and wharfs (3) An assessment of the additional re- of Representatives Committee on Transpor- sources and program changes that are nec- ‘‘(a) IN GENERAL.—Notwithstanding any tation and Infrastructure a report on the se- essary to maximize security at ports in the other provision of law, the Secretary shall curity of ships and facilities used in the Caribbean Basin. require any uncleared, imported merchan- cruise line industry. SEC. 4. FEDERAL AND STATE COMMERCIAL MARI- dise remaining on the wharf or pier onto (b) CONTENT.—The report required by sub- TIME TRANSPORTATION TRAINING. which it was unladen for more than 7 cal- section (a) shall include an assessment of se- Section 109 of the Maritime Transportation endar days, not including any time the im- curity measures employed by the cruise line Security Act of 2002 (46 U.S.C. 70101 note) is ported merchandise was held in federal cus- industry, including the following: tody, to be removed from the wharf or pier amended— (1) by redesignating subsections (c) (1) An assessment of the security of cruise and deposited in the public stores or a gen- ships that originate at ports in foreign coun- eral order ware house, where it shall be in- through (f) as subsections (d) through (g), re- spectively; and (2) by inserting after sub- tries. spected for determination of con tents, and (2) An assessment of the security of ports thereafter a permit for its delivery may be section (b) the following: ‘‘(c) FEDERAL AND STATE COMMERCIAL MAR- utilized for cruise ship docking. granted. (3) The costs incurred by the cruise line in- ‘‘(b) PENALTY.—The Secretary may impose ITIME TRANSPORTATION TRAINING.—The Sec- retary of Transportation shall establish a dustry to carry out the measures required by an administrative penalty of $5,000 on the the Maritime Transportation Security Act of consignee for each bill of lading for general curriculum, to be incorporated into the cur- riculum developed under subsection (a)(1), to 2002 (Public Law 107–295; 116 Stat. 2064) and order merchandise remaining on a wharf or the amendments made by that Act. pier in violation of subsection (a), except educate and instruct Federal and State offi- cials on commercial maritime and inter- (4) The costs of employing canine units and that no penalty shall be imposed if the viola- hand-held explosive detection wands at tion was a result of force majeure.’’. modal transportation. The curriculum shall be designed to familiarize those officials ports, including the costs of screening pas- (b) CONFORMING AMENDMENTS.— sengers and baggage with such methods. (1) The chapter analysis for chapter 701 of with commercial maritime transportation in order to facilitate performance of their com- (5) An assessment of security measures title 46, United States Code, is amended by taken by the Secretary of Homeland Secu- striking the items following the item relat- mercial maritime and intermodal transpor- tation security responsibilities. In devel- rity to increase the security of the cruise ing to section 70116 and inserting the fol- line industry and the costs incurred to carry lowing: oping the standards for the curriculum, the Secretary shall consult with each agency in out such security measures. ‘‘70117. In rem liability for civil penalties the Department of Homeland Security with (6) A description of the need for and the and certain costs maritime security responsibilities to deter- feasibility of deploying explosive detection ‘‘70118. Withholding of clearance mine areas of educational need. The Sec- systems and canine units at ports used by ‘‘70119. Firearms, arrests, and seizure of cruise ships and an assessment of the cost of property retary shall also coordinate with the Federal Law Enforcement Training Center in the de- such deployment. ‘‘70120. Enforcement by State and local offi- (7) A summary of the fees paid by pas- cers velopment of the curriculum and the provi- sion of training opportunities for Federal sengers of cruise ships that are used for in- ‘‘70121. Enforcement by injunction or with- spections and the feasibility of creating a holding of clearance and State law enforcement officials at appro- priate law enforcement training facilities.’’. dedicated passenger vessel security fund ‘‘70122. Security of piers and wharfs from such fees. ‘‘70123. Civil penalty’’. SEC. 5. TRANSPORTATION WORKER BACK- GROUND INVESTIGATION PRO- (8) The recommendations of the Secretary, (2) Section 70117(a) of title 46, United GRAMS. if any, for measures that should be carried States Code, is amended by striking ‘‘section Within 120 days after the date of enact- out to improve security of cruise ships that 70120’’ and inserting ‘‘section 70123’’. ment of this Act, the Secretary of Homeland originate at ports in foreign countries. (3) Section 70118(a) of such title is amended Security, after consultation with the Sec- (9) The recommendations of the Secretary, by striking ‘‘under section 70120,’’ and insert- retary of Transportation, shall transmit a if any, on the deployment of further meas- ing ‘‘under that section,’’. report to the Senate Committee on Com- ures to improve the security of cruise ships, SEC. 3. SECURITY AT FOREIGN PORTS. merce, Science, and Transportation and the including explosive detection systems, ca- (a) IN GENERAL.—Section 70109 of title 46, House of Representatives Committee on nine units, and the use of technology to im- United States Code, is amended— Transportation and Infrastructure— prove baggage screening, and an assessment (1) by striking ‘‘The Secretary,’’ in sub- (1) making recommendations (including of the cost of implementing such measures. section (b) and inserting ‘‘The Administrator legislative recommendations, if appropriate SEC. 7. MARITIME TRANSPORTATION SECURITY of the Maritime Administration,’’; and or necessary) for harmonizing, combining, or PLAN GRANTS. (2) by adding at the end the following: coordinating requirements, procedures, and Section 70107(a) of title 46, United States ‘‘(c) FOREIGN ASSISTANCE PROGRAMS.—The programs for conducting background checks Code, is amended to read as follows: Administrator of the Maritime Administra- under section 70105 of title 46, United States ‘‘(a) IN GENERAL.—The Under Secretary of tion, in coordination with the Secretary of Code, section 5103a(c) of title 49, United Homeland Security for Border and Transpor- State, shall identify foreign assistance pro- States Code, section 44936 of title 49, United tation Security shall establish a grant pro- grams that could facilitate implementation States Code, and other provisions of Federal gram for making a fair and equitable alloca- of port security antiterrorism measures in law or regulations requiring background tion of funds to implement Area Maritime

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9459 Transportation Security Plans and to help COMMITTEE ON ENERGY AND NATURAL DeWine, Feinstein, Kennedy, Schumer, fund compliance with Federal security plans RESOURCES Durbin, Kohl, Edwards; S. 2396, Federal among port authorities, facility operators, Mr. SANTORUM. Mr. President, I Courts Improvement Act of 2004, and State and local agencies required to pro- ask unanimous consent that the Com- Hatch, Leahy, Chambliss, Durbin, vide security services. Grants shall be made mittee on Energy and Natural Re- on the basis of threat-based risk assessments Schumer; H.R. 1417, To amend title 17, subject to review and comment by the appro- sources be authorized to meet during United States Code, to replace copy- priate Federal Maritime Security Coordina- the session of the Senate on Tuesday, right arbitration royalty panels with tors and the Maritime Administration. The September 21, at 10 a.m. to consider the Copyright Royalty Judges Act of 2003, grant program shall take into account na- nominations of Karen Alderman Smith of Texas, Berman, Conyers; S. tional security priorities, national economic, Harbert, to be an Assistant Secretary 2204, A bill to provide criminal pen- and strategic defense concerns and shall be of Energy for International Affairs and alties for false information and hoaxes coordinated with the Director of the Office of Domestic Policy and John Spitaleri relating to terrorism Act of 2004, Domestic Preparedness to ensure that the Shaw, to be an Assistant Secretary of grant process is consistent with other De- Hatch, Schumer, Cornyn, Feinstein, partment of Homeland Security grant pro- Energy for Environment, Safety and DeWine; S. 1860, A bill to reauthorize grams.’’. Health. the Office of Drug Control Policy Act SEC. 8. REPORT ON DESIGN OF MARITIME SECU- The PRESIDING OFFICER. Without of 2003, Hatch, Biden, Grassley; S. 2195, RITY GRANT PROGRAMS. objection, it is so ordered. A bill to amend the Controlled Sub- Within 90 days after the date of enactment COMMITTEE ON FINANCE stances Act to clarify the definition of of this Act, the Secretary of Homeland Secu- Mr. SANTORUM. Mr. President, I anabolic steroids and to provide for re- rity shall transmit a report to the Senate ask unanimous consent that the Com- search and education activities relat- Committee on Commerce, Science, and mittee on Finance be authorized to ing to steroids and steroid precursors Transportation and the House of Representa- tives Committee on Transportation and In- meet during the session on Tuesday, Act of 2004, Biden, Hatch, Grassley, frastructure on the design of maritime secu- September 21, 2004, at 10 a.m., to hear Feinstein; S.J. Res. 23, A joint resolu- rity grant programs that includes rec- testimony on ‘‘Indian Jails: A Clarion tion proposing an amendment to the ommendations on— Call for Reform.’’ Constitution of the United States pro- (1) whether the grant programs should be The PRESIDING OFFICER. Without viding for the event that one-fourth of discretionary or formula based and why; objection, it is so ordered. the members of either the House of (2) requirements for ensuring that Federal COMMITTEE ON GOVERNMENTAL AFFAIRS Representatives or the Senate are funds will not be substituted for grantee killed or incapacitated Act of 2003, Cor- funds; Mr. SANTORUM. Mr. President, I (3) targeting requirements to ensure that ask unanimous consent that the Com- nyn, Chambliss; S. 2742, A bill to ex- funding is directed in a manner that reflects mittee on Governmental Affairs be au- tend certain authority of the Supreme a national, risk-based perspective on priority thorized to meet on Tuesday, Sep- Court Police, modify the venue of pros- needs, the fiscal capacity of recipients to tember 21, 2004 at 10 a.m., and Wednes- ecutions relating to the Supreme Court fund the improvements without grant funds, day, September 22, 2004 at 10 a.m. to building and grounds, and authorize and an explicit analysis of the impact of hold a business meeting to consider the acceptance of gifts to the United minimum funding to small ports that could pending Committee business (agenda States Supreme Court Act of 2004, affect funding available for the most stra- Hatch, Leahy; and S. 2373, A bill to tegic or economically important ports; and attached). modify the prohibition on recognition (4) matching requirements to ensure that AGENDA Federal funds provide an incentive to grant- by United States courts of certain ees for the investment of their own funds in Legislation rights relating to certain marks, trade the improvements financed in part by Fed- 1. National Intelligence Reform Act names, or commercial names, Domen- eral funds. of 2004. ici, Graham, Kyl, Sessions. f The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. NOTICES OF HEARINGS/MEETINGS COMMITTEE ON VETERANS’ AFFAIRS COMMITTEE ON THE JUDICIARY JOINT ECONOMIC COMMITTEE Mr. SANTORUM. Mr. President, I Mr. SANTORUM. Mr. President, I Mr. BENNETT. Mr. President, I an- ask unanimous consent that the Com- ask unanimous consent that the Com- nounce that the Joint Economic Com- mittee on the Judiciary be authorized mittee on Veterans’ Affairs be author- mittee will conduct a hearing in Room to meet to continue its markup on ized to meet during the session of the 628 of the Dirksen Senate Office Build- Tuesday, September 21, 2004, at 10 a.m. Senate on Tuesday, September 21, 2004, ing, Wednesday, September 22, 2004, in Dirksen Senate Office Building room for a joint hearing with the House of from 10 a.m. to 12:30 p.m. 226. The tentative agenda is attached. Representatives’ Committee on Vet- f I. Nominations: Claude A. Allen to be erans’ Affairs, to hear the legislative U.S. Circuit Judge for the Fourth Cir- presentation of The American Legion. AUTHORITY FOR COMMITTEES TO cuit; David E. Nahmias to be United The hearing will take place in room 345 MEET States Attorney for the Northern Dis- of the Cannon House Office Building at COMMITTEE ON COMMERCE, SCIENCE, AND trict of Georgia; Ricardo H. Hinojosa to 10 a.m. TRANSPORTATION be Chair of the United States Sen- THE PRESIDING OFFICER. Without Mr. SANTORUM. Mr. President, I tencing Commission; Michael O’Neill objection, it is so ordered. ask unanimous consent that the Com- to be a Member of the United States SELECT COMMITTEE ON INTELLIGENCE mittee on Commerce, Science, and Sentencing Commission; Ruben Mr. SANTORUM. Mr. President, I Transportation be authorized to meet Castillo to be a Member of the United ask unanimous consent that the Select on Tuesday, September 21, 2004, at 9:30 States Sentencing Commission; Wil- Committee on Intelligence be author- a.m. on Oceans Commission. liam Sanchez to be Special Counsel for ized to meet during the session of the The PRESIDING OFFICER. Without Immigration-Related Unfair Employ- Senate on September 21, 2004 at 10:00 objection, it is so ordered. ment Practice; Richard B. Roper III to a.m. to hold a closed business meeting. COMMITTEE ON COMMERCE, SCIENCE, AND be United States Attorney for the THE PRESIDING OFFICER. Without TRANSPORTATION Northern District of Texas for the term objection, it is so ordered. Mr. SANTORUM. Mr. President, I of four years; and Lisa Wood to be SELECT COMMITTEE ON INTELLIGENCE ask unanimous consent that the Com- United States Attorney for the South- Mr. SANTORUM. Mr. President, I mittee on Commerce, Science, and ern District of Georgia for the term of ask unanimous consent that the Select Transportation be authorized to meet four years. Committee on Intelligence be author- on Tuesday, September 21, 2004, at 2:30 II. Legislation: S. 1634, L–1 Visa ized to meet during the session of the p.m., on S. 1963—Wireless 411 Privacy (Intercompany Transferee) Reform Act Senate on September 21, 2004 at 2:30 Act. of 2003, Chambliss; S. 1700, Advancing p.m. to hold a closed business meeting. The PRESIDING OFFICER. Without Justice through DNA Technology Act THE PRESIDING OFFICER. Without objection, it is so ordered. of 2003, Hatch, Biden, Specter, Leahy, objection, it is so ordered.

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9460 CONGRESSIONAL RECORD — SENATE September 21, 2004 SUBCOMMITTEE ON IMMIGRATION AND BORDER MARITIME TRANSPORTATION sel or its cargo, crew, or passengers, and may SECURITY SECURITY ACT OF 2004 be proceeded against in the United States Mr. SANTORUM. Mr. President, I district court for any district in which such Mr. MCCONNELL. Mr. President, I ask unanimous consent that the Com- vessel may be found. ask unanimous consent that the Sen- ø mittee on the Judiciary Subcommittee ‘‘(2) REIMBURSABLE COSTS DEFINED.—In ate proceed to the immediate consider- this subsection the term ‘reimbursable costs’ on Immigration and Border Security be ation of Calendar No. 530, S. 2279. means costs incurred by any service pro- authorized to meet to conduct a hear- The PRESIDING OFFICER. The vider, including port authorities, facility or ing on ‘‘Refugees: Seeking Solutions to clerk will state the bill by title. terminal operators, shipping agents, Federal, a Global Concern’’ on Tuesday, Sep- The legislative clerk read as follows: State, or local government agencies, or other tember 21, 2004, at 2:30 p.m. in SD226. person to whom the management of the ves- A bill (S. 2279) to amend title 46, United sel at the port of supply is entrusted, for— States Code, with respect to maritime trans- ø‘‘(A) vessel crew on board, or in transit to Agenda: portation security, and for other purposes. or from, the vessel under lawful order, in- Panel I: Gene Dewey, Assistant Sec- There being no objection, the Senate cluding accommodation, detention, transpor- retary, Bureau of Population, Refu- proceeded to consider the bill, which tation, and medical expenses; and ø gees, and Migration, Department of had been reported from the Committee ‘‘(B) required handling under lawful order on Commerce, Science, and Transpor- of cargo or other items on board the vessel. State, Washington, D.C.; Eduardo ø Aguirre, Director, U.S. Citizenship and tation, with an amendment to strike ‘‘§ 70118. Enforcement by injunction or with- holding of clearance Immigration Services, Department of all after the enacting clause and insert ø‘‘(a) INJUNCTION.—The United States dis- Homeland Security, Washington, D.C. in lieu thereof the following: (Strike the part shown in black trict courts shall have jurisdiction to re- Panel II: Charles H. Kuck, Managing strain violations of this chapter or of regula- Partner, Immigration Group, brackets and insert the part shown in tions issued hereunder, for cause shown. Weathersby, Howard & Kuck, LLC, At- italic.) ø‘‘(b) WITHHOLDING OF CLEARANCE.— lanta, GA; Mark Franken, Chair, Ref- S. 2279 ø‘‘(1) If any owner, agent, master, officer, ugee Counsel, USA, Washington, D.C.; Be it enacted by the Senate and House of Rep- or person in charge of a vessel is liable for a Lavinia Limon, Executive Director, resentatives of the United States of America in penalty or fine under section 70120, or if rea- Congress assembled, sonable cause exists to believe that the United States Committee for Refugees, owner, agent, master, officer, or person in øSECTION 1. SHORT TITLE; TABLE OF CONTENTS. Washington, D.C. charge may be subject to a penalty under ø(a) SHORT TITLE.—This Act may be cited The PRESIDING OFFICER. Without section 70120, the Secretary may, with re- as the ‘‘Maritime Transportation Security objection, it is so ordered. spect to such vessel, refuse or revoke any Act of 2004’’. clearance required by section 4197 of the Re- SUBCOMMITTEE ON NATIONAL PARKS (b) TABLE OF CONTENTS.—The table of con- vised Statutes of the United States (46 U.S.C. tents for this Act is as follows: Mr. SANTORUM. Mr. President, I App. 91). ø ask unanimous consent that the sub- Sec. 1. Short title; table of contents ø‘‘(2) Clearance refused or revoked under ø committee on National Parks of the Sec. 2. In rem liability; enforcement; pier this subsection may be granted upon filing of Committee on Energy and Natural Re- and wharf security costs. a bond or other surety satisfactory to the ø sources be authorized to meet during Sec. 3. Maritime information. Secretary. øSec. 4. Intermodal cargo security plan. ø the session of the Senate on Tuesday, øSec. 5. Joint operations center for port se- ‘‘§ 70119. Security of piers and wharfs September 21 at 2:30 pm. curity. ø‘‘(a) IN GENERAL.—Notwithstanding any The purpose of the hearing is to re- øSec. 6. Maritime transportation security provision of law, the Secretary shall require ceive testimony on the following bills: plan grants. any uncleared, imported merchandise re- S. 784 and H.R. 1630, to Revise the øSec. 7. Assistance for foreign ports. maining on the wharf or pier onto which it Boundary of Petrified Forest National øSec. 8. Federal and State commercial mari- was unladen for more than 5 calendar days to be removed from the wharf or pier and depos- Park in the State of Arizona, and for time transportation training. øSec. 9. Port security research and develop- ited in the public stores or a general order other purposes; S. 2656, to establish a ment. warehouse, where it shall be inspected for de- National Commission on the Quin- øSec. 10. Nuclear facilities in maritime termination of contents, and thereafter a centennial of the Discovery of Florida areas. permit for its delivery may be granted. by Ponce De Leon; S. 2499, to modify øSec. 11. Transportation worker background ø‘‘(b) PENALTY.—The Secretary may im- the boundary of the Harry S Truman investigation programs. pose an administrative penalty of $5,000 for National Historic Site in the State of øSec. 12. Security service fee. each bill of lading for general order mer- Missouri, and for other purposes; S. øSec. 13. Port security capital fund. chandise remaining on a wharf or pier in vio- lation of subsection (a).’’. 1311, to establish the Hudson-Fulton- øSEC. 2. IN REM LIABILITY; ENFORCEMENT; PIER AND WHARF SECURITY COSTS. ø(b) CONFORMING AMENDMENT FOR IN REM Champlain 400th Commemoration Com- ø(a) IN GENERAL.—Chapter 701 of title 46, LIABILITY PROVISION IN CHAPTER 701.—Sec- mission, and for other purposes; and United States Code, is amended— tion 2 of the Act of June 15, 1917 (50 U.S.C. H.R. 2055, to amend P.L. 89–366 to allow ø(1) by redesignating section 70117 as 70120; 192) is amended— ø for an Adjustment in the Number of and (1) by striking ‘‘Act,’’ each place it ap- Free Roaming Horses Permitted in ø(2) by inserting after section 70116 the fol- pears and inserting ‘‘title,’’; and ø Cape Lookout National Seashore. lowing: (2) by adding at the end the following: ø‘‘(d) IN REM LIABILITY.—Any vessel sub- ø THE PRESIDING OFFICER. Without ‘‘§ 70117. In rem liability for civil penalties ject to the provisions of this title, which is objection, it is so ordered. and certain costs used in violation of this title, or any regula- ø‘‘(a) IN GENERAL.—Any vessel subject to tions issued hereunder, shall be liable in rem f the provisions of this chapter, which is used for any civil penalty assessed pursuant to in violation of this chapter or any regula- subsection (c) and may be proceeded against tions issued hereunder shall be liable in rem in the United States district court for any PRIVILEGES OF THE FLOOR for any civil penalty assessed pursuant to district in which such vessel may be found. Mr. KENNEDY. Mr. President, I ask section 70120 and may be proceeded against ø‘‘(e) INJUNCTION.—The United States dis- unanimous consent that Stephen in the United States district court for any trict courts shall have jurisdiction to re- district in which such vessel may be found. Kosack, a fellow in my office, be grant- strain violations of this title or of regula- ø‘‘(b) REIMBURSABLE COSTS.— tions issued hereunder, for cause shown. ed the privileges of the floor during the ø‘‘(1) IN GENERAL.—Any vessel subject to ø‘‘(f) WITHHOLDING OF CLEARANCE.— remainder of morning business. the provisions of this chapter shall be liable ø‘‘(1) If any owner, agent, master, officer, The PRESIDING OFFICER. Without in rem for the reimbursable costs incurred or person in charge of a vessel is liable for a objection, it is so ordered. by any valid claimant related to implemen- penalty or fine under subsection (c), or if Mr. HARKIN. Mr. President, I ask tation and enforcement of this chapter with reasonable cause exists to believe that the unanimous consent that Katie Cal- respect to the vessel, including port authori- owner, agent, master, officer, or person in lahan of my staff be granted the privi- ties, facility or terminal operators, shipping charge may be subject to a penalty or fine agents, Federal, State, or local government under subsection (c), the Secretary may, leges of the floor for the duration of to- agencies, and other persons to whom the with respect to such vessel, refuse or revoke day’s session. management of the vessel at the port of sup- any clearance required by section 4197 of the The PRESIDING OFFICER. Without ply is entrusted, and any fine or penalty re- Revised Statutes of the United States (46 objection, it is so ordered. lating to reporting requirements of the ves- U.S.C. App. 91).

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9461 ø‘‘(2) Clearance refused or revoked under ommendations on the appropriate levels of on Commerce, Science, and Transportation this subsection may be granted upon filing of funding to help disseminate maritime secu- and the House of Representatives Committee a bond or other surety satisfactory to the rity information to the private sector. on Transportation and Infrastructure. In Secretary of the Department in which the øSEC. 4. INTERMODAL CARGO SECURITY PLAN. conducting the evaluation, the Inspector Coast Guard is operating.’’. ø(a) IN GENERAL.—In addition to the plan General shall assess— ø ø(c) EMPTY CONTAINERS.—Within 90 days submitted under section 3, within 180 days (A) the effectiveness of the current track- after the date of enactment of this Act, the after the date of enactment of this Act, the ing system to determine whether it is ade- Secretary of Homeland Security shall review Secretary of Homeland Security shall sub- quate to prevent international intermodal United States ports and transmit to the Sen- mit a report to the Senate Committee on containers from being used for purposes of ate Committee on Commerce, Science, and Commerce, Science, and Transportation and terrorism; ø Transportation and the House of Representa- the House of Representatives Committee on (B) the sources of information used by the tives Committee on Transportation and In- Transportation and Infrastructure con- system to determine whether targeting in- frastructure a report on the practices and taining the following: formation is collected from the best and policies in place to secure shipment of empty ø(1) SECURE SYSTEMS OF TRANSPORTATION (46 most credible sources and evaluate data containers. The Secretary shall include in U.S.C. 70116).—A plan, along with timelines, sources to determine information gaps and the report recommendations with respect to for the implementation of section 70116 of weaknesses; ø whether additional regulations or legislation title 46, United States Code. The plan shall— (C) the targeting system for reporting and is necessary to ensure the safe and secure de- ø(A) provide an update on current efforts analyzing inspection statistics, as well as livery of cargo and to prevent potential acts by the Department of Homeland Security testing effectiveness; ø of terrorism involving such containers. could be incorporated into the certification (D) the competence and training of em- ø (d) CLERICAL AMENDMENT.—The chapter process outlined in section 70116 to ensure ployees operating the system to determine analysis for chapter 701 of title 46, United the physical screening or inspection of im- whether they are sufficiently capable to de- States Code, is amended by striking the last ported cargo; tect potential terrorist threats; and ø item and inserting the following: ø(B) provide a preliminary assessment of (E) whether the system is an effective sys- ø‘‘70117. In rem liability for civil penalties resources necessary to evaluate and certify tem to detect potential acts of terrorism and and certain costs ‘‘Secure Systems of Transportation’’, and whether additional steps need to be taken in ø‘‘70118. Enforcement by injunction or with- the resources necessary to validate that ‘‘Se- order to remedy deficiencies in targeting holding of clearance cure Systems of Transportation’’ are oper- international intermodal containers for in- ø‘‘70119. Security of piers and wharfs ating in compliance with the certification spection. ø ø‘‘70120. Civil penalty’’. requirements; and (2) INCREASE IN INSPECTIONS.—If the In- øSEC. 3. MARITIME INFORMATION. ø(C) contain an analysis of the feasibility spector General determines in any of the re- øWithin 90 days after the date of enact- of establishing a user fee in order to be able ports required by paragraph (1) that the tar- ment of this Act, the Secretary of Homeland to evaluate, certify, and validate ‘‘Secure geting system is insufficiently effective as a Security shall submit a report to the Senate Systems of Transportation’’. means of detecting potential acts of ter- Committee on Commerce, Science, and ø(2) RADIATION DETECTORS.—A report on rorism utilizing international intermodal Transportation and the House of Representa- progress in the installation of a system of ra- containers, then within 12 months after that tives Committee on Transportation and In- diation detection at all major United States report, the Secretary of Homeland Security frastructure that provides a preliminary seaports, along with a timeline and expected shall double the number of containers sub- plan for the implementation of section 70113 completion date for the system. In the re- jected to intrusive or non-intrusive inspec- of title 46, United States Code. The plan port, the Secretary shall include a prelimi- tion at United States ports or to be shipped shall— nary analysis of any issues related to the in- to the United States at foreign seaports. ø ø(1) provide the identification of Federal stallation of the radiation detection equip- (c) REPORT AND PLAN FORMATS.—The Sec- 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; ø(3) NON-INTRUSIVE INSPECTION AT FOREIGN if the Secretary determines that it is appro- ø(2) establish a timeline for coordinating PORTS.—A report— priate or necessary. the efforts of those Federal agencies in the ø(A) on whether and to what extent foreign øSEC. 5. JOINT OPERATIONS CENTER FOR PORT collection of maritime information; seaports have been willing to utilize screen- ø SECURITY. (3) establish a timeline for the incorpora- ing equipment at their ports to screen cargo, øThe 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; ø(B) indicating which foreign ports may be joint operational centers for port security at ø(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 ø(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- ø(C) indicating to what extent additional ø(1) whether it would be beneficial to es- ments that would prevent or reduce the uti- resources and program changes will be nec- tablish linkages to Federal maritime infor- lization of such information outside the De- essary to maximize scrutiny of cargo in for- mation systems established pursuant to sec- partment of the Navy; eign seaports. tion 70113 of title 46, United States Code; ø(6) include recommendations on educating ø(4) COMPLIANCE WITH SECURITY STANDARD ø(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 ø(3) whether the operational centers could ø(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’’; and expertise of private sector resources; they would be utilized, to ensure that com- ø(4) the extent to which such operational ø(8) include recommendations on how to panies operate in compliance with security centers could be beneficial in the operation disseminate information collected and ana- standards. of maritime area security plans and mari- lyzed through Federal maritime security co- ø(b) EVALUATION OF CARGO INSPECTION TAR- time area contingency response plans and in ordinator while considering the need for non- GETING SYSTEM FOR INTERNATIONAL INTER- coordinating the port security activities of disclosure of sensitive security information MODAL CARGO CONTAINERS.— Federal, State, and local officials; and and the maximizing of security through the ø(1) IN GENERAL.—Within 6 months after ø(5) include recommendations for the num- utilization of State, local, and private secu- the date of enactment of this Act, and annu- ber of centers and their possible location, as rity personnel; and ally thereafter, the Inspector General of the well as preliminary cost estimates for the ø(9) include recommendations on how the Department of Homeland Security shall operation of the centers. Department could help support a maritime evaluate the system used by the Department øSEC. 6. MARITIME TRANSPORTATION SECURITY information sharing and analysis center for to target international intermodal con- PLAN GRANTS. the purpose of collecting information from tainers for inspection and report the results øSection 70107(a) of title 46, United States public and private entities, along with rec- of the evaluation to the Senate Committee Code, is amended to read as follows:

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9462 CONGRESSIONAL RECORD — SENATE September 21, 2004

ø‘‘(a) IN GENERAL.—The Under Secretary of otherwise conduct research and development poses and amounts not expended are recov- Homeland Security for Border and Transpor- across the various portfolios focused on mak- ered. tation Security shall establish a grant pro- ing United States ports safer and more se- ø‘‘(C) RECORDKEEPING.—Recipients of gram for making a fair and equitable alloca- cure. Research conducted under this sub- grants shall keep all records related to ex- tion of funds to implement Area Maritime section may include— penditures and obligations of funds provided Transportation Security Plans and to help ø‘‘(A) methods or programs to increase the under paragraph (1) and make them avail- fund compliance with Federal security plans ability to target for inspection vessels, able upon request to the Inspector General of among port authorities, facility operators, cargo, crewmembers, or passengers that will the Department of Homeland Security and and State and local agencies required to pro- arrive or have arrived at any port or place in the Secretary of Homeland Security for vide security services. Grants shall be made the United States; audit and examination.’’. on the basis of the need to address ø‘‘(B) equipment to detect accurately ex- ø(b) ANNUAL REPORT.—Within 30 days after vulnerabilities in security subject to review plosives, chemical, or biological agents that the beginning of each fiscal year from fiscal and comment by the appropriate Federal could be used to commit terrorist acts year 2005 through fiscal year 2009, the Direc- Maritime Security Coordinators and the against the United States; tor of the Science and Technology Direc- Maritime Administration. The grant pro- ø‘‘(C) equipment to detect accurately nu- torate shall submit a report describing its gram shall take into account national eco- clear or radiological materials, including research that can be applied to port security nomic and strategic defense concerns and scintillation-based detection equipment ca- to the Senate Committee on Commerce, shall be coordinated with the Director of the pable of signalling the presence of nuclear or Science, and Transportation, the House of Office of Domestic Preparedness to ensure radiological materials; Representatives Committee on Science, and that the grant process is consistent with ø‘‘(D) improved tags and seal designed for the House of Representatives Select Com- other Department of Homeland Security use on shipping containers to track the mittee on Homeland Security. The report grant programs.’’. transportation of the merchandise in such shall— containers, including ‘smart sensors’ that øSEC. 7. ASSISTANCE FOR FOREIGN PORTS. ø(1) describe any port security-related re- are able to track a container throughout its øSection 70109 of title 46, United States search, including grants and pilot projects, entire supply chain, detect hazardous and ra- Code, is amended— that were conducted in the preceding fiscal dioactive materials within that container, ø(1) by striking ‘‘The Secretary’’ in sub- year; and transmit that information to the appro- section (b) and inserting ‘‘The Administrator ø(2) describe the amount of Department of priate law enforcement authorities; of the Maritime Administration’’; and Homeland Security resources dedicated to ø‘‘(E) tools, including the use of satellite ø(2) by adding at the end the following: research that can be applied to port security; tracking systems, to increase the awareness ø‘‘(c) FOREIGN ASSISTANCE PROGRAMS.—The ø(3) describe the steps taken to coordinate of maritime areas and to identify potential Administrator of the Maritime Administra- with other agencies within the Department terrorist threats that could have an impact tion, in coordination with the Secretary of to ensure that research efforts are coordi- on facilities, vessels, and infrastructure on State, shall identify foreign assistance pro- nated with port security efforts; or adjacent to navigable waterways, includ- ø(4) describe how the results of the Depart- grams that could facilitate implementation ing underwater access; ment’s research, as well as port security re- of port security antiterrorism measures in ø‘‘(F) tools to mitigate the consequences of lated research of the Department of Defense, foreign countries. The Administrator and the a terrorist act on, adjacent to, or under navi- will be implemented in the field, including Secretary shall establish a program to uti- gable waters of the United States, including predicted timetables; lize those programs that are capable of im- sensor equipment, and other tools to help co- ø(5) lay out the plans for research in the plementing port security antiterrorism ordinate effective response to a terrorist ac- current fiscal year; and measures at ports in foreign countries that tion; and ø(6) include a description of the funding the Secretary finds, under section 70108, to ø‘‘(G) applications to apply existing tech- levels for the research in the preceding, cur- lack effective antiterrorism measures.’’. nologies from other areas or industries to in- øSEC. 8. FEDERAL AND STATE COMMERCIAL crease overall port security. rent, and next fiscal years. ø MARITIME TRANSPORTATION TRAIN- ø‘‘(2) IMPLEMENTATION OF TECHNOLOGY.— SEC. 10. NUCLEAR FACILITIES IN MARITIME ING. ø‘‘(A) IN GENERAL.—In conjunction with on- AREAS. ø Section 109 of the Maritime Transpor- going efforts to improve security at United ø(a) WATERWAYS.—Section 70103(b) is tation Security Act of 2002 (46 U.S.C. 70101 States ports, the Director of the Science and amended by adding at the end thereof the note) is amended— Technology Directorate, in consultation following: ø(1) by redesignating subsections (c) with other Department of Homeland Secu- ø‘‘(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 ø‘‘(A) IDENTIFICATION AND SECURITY EVAL- ø(2) by inserting after subsection (b) the States ports to test the effectiveness and ap- UATION.—The Secretary shall— following: plicability of new port security projects, in- ø‘‘(i) identify all nuclear facilities on, adja- ø‘‘(c) FEDERAL AND STATE COMMERCIAL cluding— cent to, or in close proximity to navigable MARITIME TRANSPORTATION TRAINING.—The ø‘‘(i) testing of new detection and screen- waterways that might be damaged by a Secretary of Transportation shall establish a ing technologies; transportation security incident; curriculum, to be incorporated into the cur- ø‘‘(ii) projects to protect United States ø‘‘(ii) in coordination with the Secretary of riculum developed under subsection (a)(1), to ports and infrastructure on or adjacent to Energy, evaluate the security plans of each educate and instruct Federal and State offi- 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 tect the facility from damage or disruption modal transportation. The curriculum shall ø‘‘(iii) tools for responding to a terrorist from a transportation security incident orig- be designed to familiarize those officials threat or incident at United States ports and inating in the navigable waterway, including with commercial maritime transportation in infrastructure on or adjacent to the navi- threats posed by navigation, underwater ac- order to facilitate performance of their com- gable waters of the United States, including cess, and the introduction of harmful sub- mercial maritime and intermodal transpor- underwater access. stances into water coolant systems. tation security responsibilities. In devel- ø‘‘(B) AUTHORIZATION OF APPROPRIATIONS.— ø‘‘(B) RECTIFICATION OF DEFICIENCIES.—The oping the standards for the curriculum, the There are authorized to be appropriated to Secretary, in coordination with the Sec- Secretary shall consult with each agency in the Secretary of Homeland Security retary of Energy, shall take such steps as the Department of Homeland Security with $35,000,000 for each of fiscal years 2005 may be necessary or appropriate to correct maritime security responsibilities to deter- through 2009 to carry out pilot projects any deficiencies in security identified in the mine areas of educational need. The Sec- under subparagraph (A). evaluations conducted under subparagraph retary shall also coordinate with the Federal ø‘‘(3) ADMINISTRATIVE PROVISIONS.— (A). Law Enforcement Training Center in the de- ø‘‘(A) NO DUPLICATION OF EFFORT.—Before ø‘‘(C) REPORT.—As soon as practicable velopment of the curriculum and the provi- making any grant, the Secretary of Home- after completion of the evaluation under sion of training opportunities for Federal land Security shall coordinate with other subparagraph (A), the Secretary shall trans- and State law enforcement officials at appro- Federal agencies to ensure the grant will not mit a report, in both classified and redacted priate law enforcement training facilities. be used for research and development that is format, to the Senate Committee on Com- øSEC. 9. RESEARCH AND DEVELOPMENT. already being conducted with Federal fund- merce, Science, and Transportation, the ø(a) IN GENERAL.—Section 70107 of title 46, ing. House of Representatives Committee on United States Code, is amended by striking ø‘‘(B) ACCOUNTING.—The Secretary of Transportation and Infrastructure, and the subsection (i) and inserting the following: Homeland Security shall by regulation es- House of Representatives Select Committee ø‘‘(i) RESEARCH AND DEVELOPMENT.— tablish accounting, reporting, and review on Homeland Security— ø‘‘(1) IN GENERAL.—As part of the research procedures to ensure that funds made avail- ø‘‘(i) describing the results of the identi- and development program within the Science able under paragraph (1) are used for the pur- fication and evaluation required by subpara- and Technology directorate, the Secretary of pose for which they were made available, graph (A); Homeland Security shall conduct investiga- that all expenditures are properly accounted ø‘‘(ii) describing the actions taken under tions, fund pilot programs, award grants, and for, and that amounts not used for such pur- subparagraph (B); and

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9463 ø‘‘(iii) evaluating the technology utilized United States and that country for trans- ø‘‘§ 70122. Port security capital fund. in the protection of nuclear facilities (in- shipments between the countries. ø‘‘(a) IN GENERAL.—There is established cluding any such technology under develop- ø‘‘(b) SCHEDULE OF FEES.—In imposing fees ment).’’. under subsection (a), the Secretary shall en- within the Department of Homeland Secu- ø(b) VESSELS.—Section 70103(c)(3) of title sure that the fees are reasonably related to rity a fund to be known as the Port Security 46, United States Code, is amended— the costs of providing services rendered and Capital Fund. There are appropriated to the ø(1) by striking ‘‘and’’ after the semicolon the value of the benefit derived from the con- Fund such sums as may be derived from the in subparagraph (F); tinuation of secure international maritime fees authorized by section 70121(a). ø(2) by striking ‘‘facility.’’ in subparagraph transportation. ø‘‘(b) PURPOSE.—Amounts in the Fund (G) and inserting ‘‘facility; and’’; and ø‘‘(c) IMPOSITION OF FEE.— shall be available to the Secretary of Home- ø(3) by adding at the end the following: ø‘‘(1) IN GENERAL.—Notwithstanding sec- ø‘‘(H) establish a requirement, coordinated tion 9701 of title 31 and the procedural re- land Security— ø with the Department of Energy, for criminal quirements of section 553 of title 5, the Sec- ‘‘(1) to provide financial assistance to port background checks of all United States and retary shall impose the fees under subsection authorities, facility operators, and State and foreign seamen employed on vessels trans- (a) through the publication of notice in the local agencies required to provide security porting nuclear materials in the navigable Federal Register and begin collection of the services to defray capital investment in waters of the United States.’’. fee within 60 days of the date of enactment transportation security at port facilities in øSEC. 11. TRANSPORTATION WORKER BACK- of the Maritime Transportation Security Act accordance with the provisions of this chap- GROUND INVESTIGATION PRO- of 2004, or as soon as possible thereafter. No ter; GRAMS. fee shall be assessed more than once, and no ø‘‘(2) to provide financial assistance to ø Within 120 days after the date of enact- fee shall be assessed for international ferry those entities required to provide security ment of this Act, the Secretary of Homeland voyages. services to help ensure compliance with Fed- Security, after consultation with the Sec- ø‘‘(2) MEANS OF COLLECTION.—The Sec- eral area maritime security plans; and retary of Transportation, shall transmit a retary shall prescribe procedures to collect ø‘‘(3) to help defray the costs of Federal report to the Senate Committee on Com- fees under this section. The Secretary may port security programs. merce, Science, and Transportation and the use a department, agency, or instrumen- ø‘‘(c) ALLOCATION OF FUNDS.— House of Representatives Committee on tality of the United States Government or of ø‘‘(1) FUNDS DERIVED FROM SECURITY Transportation and Infrastructure— a State or local government to collect the ø FEES.—From amounts in the Fund attrib- (1) making recommendations (including fee and may reimburse the department, utable to fees collected under section legislative recommendations, if appropriate agency, or instrumentality a reasonable 70121(a)(1) and (2)— or necessary) for harmonizing, combining, or amount for its services. ø‘‘(A) no less than $400,000,000 (or such coordinating requirements, procedures, and ø‘‘(3) SUBSEQUENT MODIFICATION OF FEE.— amount as may be appropriate to reflect any programs for conducting background checks After imposing a fee under subsection (a), modification of the fees under section under section 70105 of title 46, United States the Secretary may modify, from time to 70121(c)(3)) shall be made available each fis- Code, section 5103a(c) of title 49, United time through publication of notice in the cal year for grants under section 70107 to States Code, section 44936 of title 49, United Federal Register, the imposition or collec- help ensure compliance with facility secu- States Code, and other provisions of Federal tion of such fee, or both. The Secretary shall rity plans or to help implement Area Mari- law or regulations requiring background evaluate the fee annually to determine time Transportation Security Plans; checks for individuals engaged in transpor- whether it is necessary and appropriate to ø‘‘(B) funds shall be made available to the tation or transportation-related activities; pay the cost of activities and services, and and shall adjust the amount of the fee accord- Coast Guard for the costs of implementing ø (2) setting forth a detailed timeline for ingly. sections 70114 and 70115 fully by the end of fiscal year 2006; implementation of such harmonization, com- ø‘‘(4) LIMITATION ON COLLECTION.—No fee ø bination, or coordination. may be collected under this section except to ‘‘(C) funds shall be made available to the øSEC. 12. SECURITY SERVICE FEE. the extent that the expenditure of the fee to Coast Guard for the costs of establishing ø(a) IN GENERAL.—Chapter 701 of title 46, pay the costs of activities and services for command and control centers at United United States Code, as amended by section 2, which the fee is imposed is provided for in States ports to help coordinate port security is further amended by adding at the end the advance in an appropriations Act. law enforcement activities and imple- menting Area Maritime Security Plans, and following: ø‘‘(d) ADMINISTRATION OF FEES.— ‘‘§ 70121. Security service fee ø‘‘(1) FEES PAYABLE TO SECRETARY.—All may be transferred, as appropriate, to port authorities, facility operators, and State and ø‘‘(a) IN GENERAL.— fees imposed and amounts collected under local government agencies to help them de- ø‘‘(1) SECURITY FEE.—Within 90 days after this section are payable to the Secretary. fray costs associated with port security serv- the date of enactment of the Maritime ø‘‘(2) INFORMATION.—The Secretary may re- Transportation Security Act of 2004, the Sec- quire the provision of such information as ices; ø retary of Homeland Security shall assess and the Secretary decides is necessary to verify ‘‘(D) funds shall be made available to the collect an international port security service that fees have been collected and remitted at Under Secretary of Homeland Security for fee on commercial maritime transportation the proper times and in the proper amounts. Border and Transportation Security for the entities that benefit from a secure system of ø‘‘(e) RECEIPTS CREDITED AS OFFSETTING costs of implementing cargo security pro- international maritime transportation to COLLECTIONS.—Notwithstanding section 3302 grams, including the costs of certifying se- pay for the costs of providing port security of title 31, any fee collected under this sec- cure systems of transportation under section services. The amount of the fees assessed and tion— 70116; ø collected under this paragraph and para- ø‘‘(1) shall be credited as offsetting collec- ‘‘(E) funds shall be made available to the graph (2) shall, in the aggregate, be suffi- tions to the account that finances the activi- Under Secretary of Homeland Security for cient to provide the services and levels of ties and services for which the fee is im- Border and Transportation Security for the funding described in section 70122(c). posed; costs of acquiring and operating nonintru- ø‘‘(2) INTERNATIONAL TRANSSHIPMENT SECU- ø‘‘(2) shall be available for expenditure sive screening equipment at United States RITY FEE.—The Secretary shall also assess only to pay the costs of activities and serv- ports; and and collect an international maritime trans- ices for which the fee is imposed; and ø‘‘(F) funds shall be made available to the shipment security user fee for providing se- ø‘‘(3) shall remain available until ex- Transportation Security Administration for curity services for shipments of cargo and pended. the costs of implementing of section 70113 transportation of passengers entering the ø‘‘(f) REFUNDS.—The Secretary may refund and the collection of commercial maritime United States as part of an international any fee paid by mistake or any amount paid intelligence (including the collection of com- transportation movement by water through in excess of that required. mercial maritime transportation informa- Canadian or Mexican ports at the same rates ø‘‘(g) SUNSET.—The fees authorized by sub- tion from the private sector), of which a por- as the fee imposed under paragraph (1). The section (a) may not be assessed after Sep- tion shall be made available to the Coast fee authorized by this paragraph shall not be tember 31, 2009.’’. Guard and the Customs Service only for the assessed or collected on transshipments ø(b) CONFORMING AMENDMENT.—The chap- purpose of coordinating the system of col- from— ter analysis for chapter 701 of title 46, United lecting and analyzing information on vessels, ø(A) Canada after the date on which the States Code, as amended by section 2, is crew, passengers, cargo, and intermodal ship- Secretary determines that an agreement be- amended by adding at the end the following: ments. ø‘‘(2) TRANSSHIPMENT FEES.—Amounts in tween the United States and Canada, or ø‘‘70121. Security service fee.’’. ø(B) Mexico after the date on which the the Fund attributable to fees collected under Secretary determines that an agreement be- øSEC. 13. PORT SECURITY CAPITAL FUND. section 70121(a)(3), shall be made available to tween the United States and Mexico, ø(a) IN GENERAL.—Chapter 701 of title 46, the Secretary to defray the costs of pro- has entered into force that will provide United States Code, as amended by section viding international maritime trans- equivalent security regimes and inter- 11, is further amended by adding at the end shipment security at the United States bor- national maritime security user fees of the the following: ders with Canada and Mexico.

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ø‘‘(d) UTILIZATION REPORTS.—The Com- ‘‘(B) required handling under lawful order of (d) CLERICAL AMENDMENT.—The chapter anal- mandant of the Coast Guard and the Sec- cargo or other items on board the vessel. ysis for chapter 701 of title 46, United States retary of Homeland Security shall report an- ‘‘§ 70118. Enforcement by injunction or with- Code, is amended by striking the last item and nually to the Senate Committee on Com- holding of clearance inserting the following: merce, Science, and Transportation and the ‘‘(a) INJUNCTION.—The United States district ‘‘70117. In rem liability for civil penalties House of Representatives Committee on courts shall have jurisdiction to restrain viola- and certain costs Transportation and Infrastructure on utili- tions of this chapter or of regulations issued ‘‘70118. Enforcement by injunction or with- zation of amounts received from the Fund. hereunder, for cause shown. holding of clearance ø‘‘(e) LETTERS OF INTENT.—The Secretary ‘‘(b) WITHHOLDING OF CLEARANCE.— ‘‘70119. Security of piers and wharfs of Homeland Security, or his delegate, may ‘‘(1) If any owner, agent, master, officer, or ‘‘70120. Civil penalty’’. execute letters of intent to commit funding person in charge of a vessel is liable for a pen- SEC. 3. MARITIME INFORMATION. to port sponsors from the Fund.’’. alty or fine under section 70120, or if reasonable Within 90 days after the date of enactment of ø (f) CONFORMING AMENDMENT.—The chapter cause exists to believe that the owner, agent, this Act, the Secretary of Homeland Security analysis for chapter 701 of title 46, United master, officer, or person in charge may be sub- shall submit a report to the Senate Committee on States Code, as amended by section 11, is ject to a penalty under section 70120, the Sec- Commerce, Science, and Transportation and the amended by adding at the end the following: retary may, with respect to such vessel, refuse House of Representatives Committee on Trans- ø‘‘70122. Port security capital fund.’’.¿ or revoke any clearance required by section 4197 portation and Infrastructure that provides a SECTION 1. SHORT TITLE; TABLE OF CONTENTS. of the Revised Statutes of the United States (46 preliminary plan for the implementation of sec- (a) SHORT TITLE.—This Act may be cited as U.S.C. App. 91). tion 70113 of title 46, United States Code. The the ‘‘Maritime Transportation Security Act of ‘‘(2) Clearance refused or revoked under this plan shall— 2004’’. subsection may be granted upon filing of a bond (1) identify Federal agencies with maritime in- (b) TABLE OF CONTENTS.—The table of con- or other surety satisfactory to the Secretary. formation relating to vessels, crew, passengers, tents for this Act is as follows: cargo, and cargo shippers, those agencies’ mari- ‘‘§ 70119. Security of piers and wharfs time information collection and analysis activi- Sec. 1. Short title; table of contents ‘‘(a) IN GENERAL.—Notwithstanding any other ties, and the resources devoted to those activi- Sec. 2. In rem liability; enforcement; pier and provision of law, the Secretary shall require any ties; wharf security costs. uncleared, imported merchandise remaining on (2) establish a lead agency within the Depart- Sec. 3. Maritime information. the wharf or pier onto which it was unladen for ment of Homeland Security to coordinate the ef- Sec. 4. Intermodal cargo security plan. more than 5 calendar days to be removed from forts of other Department agencies in the collec- Sec. 5. Joint operations center for port security. the wharf or pier and deposited in the public tion of maritime information and to identify and Sec. 6. Maritime transportation security plan stores or a general order warehouse, where it grants. avoid unwanted redundancy in those efforts; shall be inspected for determination of contents, (3) establish a timeline for coordinating the ef- Sec. 7. Assistance for foreign ports. and thereafter a permit for its delivery may be Sec. 8. Federal and State commercial maritime forts of those Federal agencies in the collection granted. transportation training. of maritime information; ‘‘(b) PENALTY.—The Secretary may impose an (4) include recommendations on co-locating Sec. 9. Port security research and development. administrative penalty of $5,000 for each bill of Sec. 10. Nuclear facilities in maritime areas. agency personnel in order to maximize expertise, lading for general order merchandise remaining Sec. 11. Transportation worker background in- minimize costs, and avoid redundancy in both on a wharf or pier in violation of subsection vestigation programs. the collection and analysis of maritime informa- (a).’’. Sec. 12. Report on cruise ship security. tion; (b) CONFORMING AMENDMENT FOR IN REM LI- Sec. 13. Report on design of maritime security (5) establish a timeline for the incorporation ABILITY PROVISION IN CHAPTER 701.—Section 2 grant programs. of information on vessel movements derived of the Act of June 15, 1917 (50 U.S.C. 192) is through the implementation of sections 70114 SEC. 2. IN REM LIABILITY; ENFORCEMENT; PIER amended— and 70115 of title 46, United States Code; AND WHARF SECURITY COSTS. (1) by striking ‘‘Act,’’ each place it appears in (6) include recommendations on how to lever- (a) IN GENERAL.—Chapter 701 of title 46, subsection (c) and inserting ‘‘title,’’; and age information on commercial maritime infor- United States Code, is amended— (2) by adding at the end the following: mation collected by the Department of the Navy, (1) by redesignating section 70117 as 70120; ‘‘(d) IN REM LIABILITY.—Any vessel subject to and identify any legal impediments that would and the provisions of this title that is used in viola- prevent or reduce the utilization of such infor- (2) by inserting after section 70116 the fol- tion of this title, or any regulations issued here- mation outside the Department of the Navy; lowing: under, shall be liable in rem for any civil pen- (7) include recommendations on educating ‘‘§ 70117. In rem liability for civil penalties alty assessed pursuant to subsection (c) and Federal officials on commercial maritime oper- and certain costs may be proceeded against in the United States ations in order to facilitate the identification of ‘‘(a) IN GENERAL.—Any vessel subject to the district court for any district in which such ves- security risks posed through commercial mari- provisions of this chapter, which is used in vio- sel may be found. time transportation operations; lation of this chapter or any regulations issued ‘‘(e) INJUNCTION.—The United States district (8) include recommendations on how private hereunder shall be liable in rem for any civil courts shall have jurisdiction to restrain viola- sector resources could be utilized to collect or penalty assessed pursuant to section 70120 and tions of this title or of regulations issued here- analyze information, along with a preliminary may be proceeded against in the United States under, for cause shown. assessment of the availability and expertise of district court for any district in which such ves- ‘‘(f) WITHHOLDING OF CLEARANCE.— private sector resources; sel may be found. ‘‘(1) If any owner, agent, master, officer, or (9) include recommendations on how to dis- ‘‘(b) REIMBURSABLE COSTS.— person in charge of a vessel is liable for a pen- seminate information collected and analyzed ‘‘(1) IN GENERAL.—Any vessel subject to the alty or fine under subsection (c), or if reason- through Federal maritime security coordinator provisions of this chapter shall be liable in rem able cause exists to believe that the owner, while considering the need for nondisclosure of for the reimbursable costs incurred by any valid agent, master, officer, or person in charge may sensitive security information and the maxi- claimant related to implementation and enforce- be subject to a penalty or fine under subsection mizing of security through the utilization of ment of this chapter with respect to the vessel, (c), the Secretary may, with respect to such ves- State, local, and private security personnel; and including port authorities, facility or terminal sel, refuse or revoke any clearance required by (10) include recommendations on the need for operators, shipping agents, Federal, State, or section 4197 of the Revised Statutes of the and how the Department could help support a local government agencies, and other persons to United States (46 U.S.C. App. 91). maritime information sharing and analysis cen- whom the management of the vessel at the port ‘‘(2) Clearance refused or revoked under this ter for the purpose of collecting and dissemi- of supply is entrusted, and any fine or penalty subsection may be granted upon filing of a bond nating real-time or near real-time information to relating to reporting requirements of the vessel or other surety satisfactory to the Secretary of and from public and private entities, along with or its cargo, crew, or passengers, and may be the Department in which the Coast Guard is op- recommendations on the appropriate levels of proceeded against in the United States district erating.’’. funding to help disseminate maritime security court for any district in which such vessel may (c) EMPTY CONTAINERS.—Within 90 days after information to the private sector. be found. the date of enactment of this Act, the Secretary SEC. 4. INTERMODAL CARGO SECURITY PLAN. ‘‘(2) REIMBURSABLE COSTS DEFINED.—In this of Homeland Security shall review United States (a) IN GENERAL.—In addition to the plan sub- subsection the term ‘reimbursable costs’ means ports and transmit to the Senate Committee on mitted under section 3, within 180 days after the costs incurred by any service provider, including Commerce, Science, and Transportation and the date of enactment of this Act, the Secretary of port authorities, facility or terminal operators, House of Representatives Committee on Trans- Homeland Security shall submit a report to the shipping agents, Federal, State, or local govern- portation and Infrastructure a report on the Senate Committee on Commerce, Science, and ment agencies, or other person to whom the practices and policies in place to secure ship- Transportation and the House of Representa- management of the vessel at the port of supply ment of empty containers. The Secretary shall tives Committee on Transportation and Infra- is entrusted, for— include in the report recommendations with re- structure containing the following: ‘‘(A) vessel crew on board, or in transit to or spect to whether additional regulations or legis- (1) SECURE SYSTEMS OF TRANSPORTATION.—A from, the vessel under lawful order, including lation is necessary to ensure the safe and secure plan, along with timelines, for the implementa- accommodation, detention, transportation, and delivery of cargo and to prevent potential acts tion of section 70116 of title 46, United States medical expenses; and of terrorism involving such containers. Code. The plan shall—

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 6333 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9465 (A) provide an update on current efforts by and report the results of the evaluation to the for making a fair and equitable allocation of the Department of Homeland Security to ensure Senate Committee on Commerce, Science, and funds to implement Area Maritime Transpor- the physical screening or inspection of imported Transportation and the House of Representa- tation Security Plans and to help fund compli- cargo; tives Committee on Transportation and Infra- ance with Federal security plans among port (B) provide a preliminary assessment of re- structure. In conducting the evaluation, the In- authorities, facility operators, and State and sources necessary to evaluate and certify secure spector General shall assess— local agencies required to provide security serv- systems of transportation, and the resources (A) the effectiveness of the current tracking ices. Grants shall be made on the basis of the necessary to validate that the secure systems of system to determine whether it is adequate to need to address vulnerabilities in security sub- transportation are operating in compliance with prevent international intermodal containers ject to review and comment by the appropriate the certification requirements; from being used for purposes of terrorism; Federal Maritime Security Coordinators and the (C) contain an analysis of the feasibility of es- (B) the sources of information, and the qual- Maritime Administration. The grant program tablishing a user fee in order to be able to evalu- ity of the information at the time of reporting, shall take into account national economic and ate, certify, and validate secure systems of used by the system to determine whether tar- strategic defense concerns and shall be coordi- transportation; geting information is collected from the best and nated with the Director of the Office of Domes- (D) contain an analysis of the need and feasi- most credible sources and evaluate data sources tic Preparedness to ensure that the grant proc- bility of establishing a system to inspect, mon- to determine information gaps and weaknesses; ess is consistent with other Department of itor, and track intermodal shipping containers (C) the targeting system for reporting and Homeland Security grant programs.’’. within the United States; and analyzing inspection statistics, as well as testing SEC. 7. ASSISTANCE FOR FOREIGN PORTS. (E) contain an analysis of the need and feasi- effectiveness; (a) IN GENERAL.—Section 70109 of title 46, bility for developing international standards for (D) the competence and training of employees United States Code, is amended— secure systems of transportation, including rec- operating the system to determine whether they ommendations, that includes an examination of are sufficiently capable to detect potential ter- (1) by striking ‘‘The Secretary,’’ in subsection working with appropriate international organi- rorist threats; and (b) and inserting ‘‘The Administrator of the zations to develop standards to enhance the (E) whether the system is an effective system Maritime Administration,’’; and physical security of shipping containers con- to detect potential acts of terrorism and whether (2) by adding at the end the following: sistent with the provisions of section 70116 of additional steps need to be taken in order to ‘‘(c) FOREIGN ASSISTANCE PROGRAMS.—The title 46, United States Code. remedy deficiencies in targeting international Administrator of the Maritime Administration, (2) RADIATION DETECTORS.—A report on intermodal containers for inspection. in coordination with the Secretary of State, progress in the installation of a system of radi- (2) INCREASE IN INSPECTIONS.—If the Inspector shall identify foreign assistance programs that ation detection at all major United States sea- General determines in any of the reports re- could facilitate implementation of port security ports, along with a timeline and expected com- quired by paragraph (1) that the targeting sys- antiterrorism measures in foreign countries. The pletion date for the system. In the report, the tem is insufficiently effective as a means of de- Administrator and the Secretary shall establish Secretary shall include a preliminary analysis of tecting potential acts of terrorism utilizing inter- a program to utilize those programs that are ca- any issues related to the installation or efficacy national intermodal containers, then within 12 pable of implementing port security of the radiation detection equipment, as well as months after that report, the Secretary of Home- antiterrorism measures at ports in foreign coun- a cost estimate for completing installation of the land Security shall double the number of con- tries that the Secretary finds, under section system. tainers subjected to intrusive or non-intrusive 70108, to lack effective antiterrorism measures.’’. (3) NON-INTRUSIVE INSPECTION AT FOREIGN inspection at United States ports or to be (b) REPORT ON SECURITY AT PORTS IN THE PORTS.—A report— shipped to the United States at foreign seaports. CARIBBEAN BASIN.—Not later than 60 days after (A) on whether and to what extent foreign (d) REPORT AND PLAN FORMATS.—The Sec- the date of enactment of this Act, the Secretary seaports have been willing to utilize screening retary and the Inspector General may submit of Homeland Security shall submit to the Com- equipment at their ports to screen cargo, includ- any plan or report required by this section in mittee on Commerce, Science, and Transpor- ing the number of cargo containers that have both classified and redacted formats if the Sec- tation of the Senate and Committee on Trans- been screened at foreign seaports, and the ports retary determines that it is appropriate or nec- portation and Infrastructure of the House of where they were screened; essary. (B) indicating which foreign ports may be Representatives a report on the security of ports willing to utilize their screening equipment for SEC. 5. JOINT OPERATIONS CENTER FOR PORT in the Caribbean Basin. The report shall include cargo exported for import into the United States, SECURITY. the following: and a recommendation as to whether, and to The Commandant of the United States Coast (1) An assessment of the effectiveness of the what extent, United States cargo screening Guard shall report to Congress, within 180 days measures employed to improve security at ports equipment will be required to be purchased and after the date of enactment of this Act, on the in the Caribbean Basin and recommendations stationed at foreign seaports for inspection; and potential benefits of establishing joint oper- for any additional measures to improve such se- (C) indicating ways to increase the effective- ational centers for port security at certain curity. ness of the targeting and screening activities of United States seaports. The report shall consider (2) An estimate of the number of ports in the United States Customs Service inspectors who the 3 Joint Operational Centers that have been Caribbean Basin that will not be secured by are stationed outside the United States and to established at Norfolk, Charleston, San Diego, July 2004, and an estimate of the financial im- what extent additional resources and program and elsewhere and compare and contrast their pact in the United States of any action taken changes will be necessary to maximize scrutiny composition and operational characteristics. pursuant to section 70110 of title 46, United of cargo in foreign seaports that is destined for The report shall consider— States Code, that affects trade between such the United States. (1) whether it would be beneficial to establish ports and the United States. (4) COMPLIANCE WITH SECURITY STANDARD linkages to Federal maritime information sys- (3) An assessment of the additional resources PROGRAMS.—A plan to establish, validate, and tems established pursuant to section 70113 of and program changes that are necessary to ensure compliance with security standards that title 46, United States Code; maximize security at ports in the Caribbean would require ports, terminals, vessel operators, (2) whether the operational centers could be Basin. and shippers to adhere to security standards es- beneficially utilized to track vessel movements under sections 70114 and 70115 of title 46, United SEC. 8. FEDERAL AND STATE COMMERCIAL MARI- tablished by or consistent with the National TIME TRANSPORTATION TRAINING. Transportation System Security Plan. The plan States Code; Section 109 of the Maritime Transportation shall indicate what resources will be utilized, (3) whether the operational centers could be Security Act of 2002 (46 U.S.C. 70101 note) is and how they would be utilized, to ensure that beneficial in the facilitation of intermodal cargo amended— companies operate in compliance with security security programs such as the secure systems of standards. transportation program; (1) by redesignating subsections (c) through (b) INSPECTOR GENERAL IMPLEMENTATION RE- (4) the extent to which such operational cen- (f) as subsections (d) through (g), respectively; PORT.—One year after the date on which the ters could be beneficial in the operation of mari- and plan described in subsection (a)(1) is submitted time area security plans and maritime area con- (2) by inserting after subsection (b) the fol- to the Committees, the Inspector General of the tingency response plans and in coordinating the lowing: Department of Homeland Security shall transmit port security activities of Federal, State, and ‘‘(c) FEDERAL AND STATE COMMERCIAL MARI- a report to those Committees evaluating the local officials; and TIME TRANSPORTATION TRAINING.—The Sec- progress made by the Department in imple- (5) include recommendations for the number of retary of Transportation shall establish a cur- menting the plan. centers and their possible location, as well as riculum, to be incorporated into the curriculum (c) EVALUATION OF CARGO INSPECTION TAR- preliminary cost estimates for the operation of developed under subsection (a)(1), to educate GETING SYSTEM FOR INTERNATIONAL INTER- the centers. and instruct Federal and State officials on com- MODAL CARGO CONTAINERS.— SEC. 6. MARITIME TRANSPORTATION SECURITY mercial maritime and intermodal transportation. (1) IN GENERAL.—Within 6 months after the PLAN GRANTS. The curriculum shall be designed to familiarize date of enactment of this Act, and annually Section 70107(a) of title 46, United States those officials with commercial maritime trans- thereafter, the Inspector General of the Depart- Code, is amended to read as follows: portation in order to facilitate performance of ment of Homeland Security shall evaluate the ‘‘(a) IN GENERAL.—The Under Secretary of their commercial maritime and intermodal trans- system used by the Department to target inter- Homeland Security for Border and Transpor- portation security responsibilities. In developing national intermodal containers for inspection tation Security shall establish a grant program the standards for the curriculum, the Secretary

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 6333 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9466 CONGRESSIONAL RECORD — SENATE September 21, 2004 shall consult with each agency in the Depart- Secretary of Homeland Security $35,000,000 for Transportation, the House of Representatives ment of Homeland Security with maritime secu- each of fiscal years 2005 through 2009 to carry Committee on Transportation and Infrastruc- rity responsibilities to determine areas of edu- out pilot projects under subparagraph (A). ture, and the House of Representatives Select cational need. The Secretary shall also coordi- ‘‘(3) ADMINISTRATIVE PROVISIONS.— Committee on Homeland Security— nate with the Federal Law Enforcement Train- ‘‘(A) NO DUPLICATION OF EFFORT.—Before ‘‘(i) describing the results of the identification ing Center in the development of the curriculum making any grant, the Secretary of Homeland and evaluation required by subparagraph (A); and the provision of training opportunities for Security shall coordinate with other Federal ‘‘(ii) describing the actions taken under sub- Federal and State law enforcement officials at agencies to ensure the grant will not be used for paragraph (B); and appropriate law enforcement training facili- research and development that is already being ‘‘(iii) evaluating the technology utilized in the ties.’’. conducted with Federal funding. protection of nuclear facilities (including any SEC. 9. RESEARCH AND DEVELOPMENT. ‘‘(B) ACCOUNTING.—The Secretary of Home- such technology under development).’’. land Security shall by regulation establish ac- (a) IN GENERAL.—Section 70107 of title 46, (b) VESSELS.—Section 70103(c)(3) of title 46, United States Code, is amended by striking sub- counting, reporting, and review procedures to United States Code, is amended— section (i) and inserting the following: ensure that funds made available under para- (1) by striking ‘‘and’’ after the semicolon in graph (1) are used for the purpose for which ‘‘(i) RESEARCH AND DEVELOPMENT.— subparagraph (F); they were made available, that all expenditures ‘‘(1) IN GENERAL.—As part of the research and (2) by striking ‘‘facility.’’ in subparagraph (G) development program within the Science and are properly accounted for, and that amounts and inserting ‘‘facility; and’’; and Technology directorate, the Secretary of Home- not used for such purposes and amounts not ex- (3) by adding at the end the following: land Security shall conduct investigations, fund pended are recovered. ‘‘(H) establish a requirement, coordinated ‘‘(C) RECORDKEEPING.—Recipients of grants pilot programs, award grants, and otherwise with the Department of Energy, for criminal shall keep all records related to expenditures conduct research and development across the background checks of all United States and for- and obligations of funds provided under para- various portfolios focused on making United eign seamen employed on vessels transporting graph (1) and make them available upon request States ports safer and more secure. Research nuclear materials in the navigable waters of the to the Inspector General of the Department of conducted under this subsection may include— United States.’’. Homeland Security and the Secretary of Home- ‘‘(A) methods or programs to increase the abil- SEC. 11. TRANSPORTATION WORKER BACK- land Security for audit and examination.’’. ity to target for inspection vessels, cargo, crew- GROUND INVESTIGATION PRO- (b) ANNUAL REPORT.—Within 30 days after the members, or passengers that will arrive or have GRAMS. beginning of each fiscal year from fiscal year arrived at any port or place in the United Within 120 days after the date of enactment of 2005 through fiscal year 2009, the Director of the States; this Act, the Secretary of Homeland Security, Science and Technology Directorate shall sub- ‘‘(B) equipment to detect accurately explo- after consultation with the Secretary of Trans- mit a report describing its research that can be sives, chemical, or biological agents that could portation, shall transmit a report to the Senate applied to port security to the Senate Committee be used to commit terrorist acts against the Committee on Commerce, Science, and Transpor- on Commerce, Science, and Transportation, the United States; tation and the House of Representatives Com- House of Representatives Committee on Science, ‘‘(C) equipment to detect accurately nuclear mittee on Transportation and Infrastructure— and the House of Representatives Select Com- or radiological materials, including scintillation- (1) making recommendations (including legis- mittee on Homeland Security. The report shall— based detection equipment capable of signalling lative recommendations, if appropriate or nec- (1) describe any port security-related research, the presence of nuclear or radiological mate- essary) for harmonizing, combining, or coordi- including grants and pilot projects, that were rials; nating requirements, procedures, and programs conducted in the preceding fiscal year; ‘‘(D) improved tags and seals designed for use for conducting background checks under section (2) describe the amount of Department of 70105 of title 46, United States Code, section on shipping containers to track the transpor- Homeland Security resources dedicated to re- tation of the merchandise in such containers, 5103a(c) of title 49, United States Code, section search that can be applied to port security; 44936 of title 49, United States Code, and other including ‘smart sensors’ that are able to track (3) describe the steps taken to coordinate with a container throughout its entire supply chain, provisions of Federal law or regulations requir- other agencies within the Department to ensure ing background checks for individuals engaged detect hazardous and radioactive materials that research efforts are coordinated with port within that container, and transmit that infor- in transportation or transportation-related ac- security efforts; tivities; mation to the appropriate law enforcement au- (4) describe how the results of the Depart- (2) setting forth a detailed timeline for imple- thorities; ment’s research, as well as port security related mentation of such harmonization, combination, ‘‘(E) tools, including the use of satellite track- research of the Department of Defense, will be or coordination; ing systems, to increase the awareness of mari- implemented in the field, including predicted (3) setting forth a plan with a detailed time areas and to identify potential terrorist timetables; timeline for the implementation of the Transpor- threats that could have an impact on facilities, (5) lay out the plans for research in the cur- tation Worker Identification Credential in sea- vessels, and infrastructure on or adjacent to rent fiscal year; and ports; navigable waterways, including underwater ac- (6) include a description of the funding levels (4) making recommendations for a waiver and cess; for the research in the preceding, current, and appeals process for issuing a transportation se- ‘‘(F) tools to mitigate the consequences of a next fiscal years. terrorist act on, adjacent to, or under navigable curity card to an individual found otherwise in- SEC. 10. NUCLEAR FACILITIES IN MARITIME eligible for such a card under section 70105(c)(2) waters of the United States, including sensor AREAS. and (3) of title 46, United States Code, along equipment, and other tools to help coordinate (a) WATERWAYS.—Section 70103(b) is amended with recommendations on the appropriate level effective response to a terrorist action; by adding at the end thereof the following: of funding for such a process; and ‘‘(G) applications to apply existing tech- ‘‘(5) WATERWAYS LOCATED NEAR NUCLEAR FA- (5) making recommendations for how informa- nologies from other areas or industries to in- CILITIES.— tion collected through the Transportation Work- crease overall port security; and ‘‘(A) IDENTIFICATION AND SECURITY EVALUA- er Identification Credential program may be ‘‘(H) improved container design, including TION.—The Secretary shall— blast-resistant containers. ‘‘(i) identify all nuclear facilities on, adjacent shared with port officials, terminal operators, ‘‘(2) IMPLEMENTATION OF TECHNOLOGY.— to, or in close proximity to navigable waterways and other officials responsible for maintaining ‘‘(A) IN GENERAL.—In conjunction with ongo- that might be damaged by a transportation se- access control while also protecting workers’ ing efforts to improve security at United States curity incident; and privacy. ports, the Director of the Science and Tech- ‘‘(ii) in coordination with the Secretary of En- SEC. 12. REPORT ON CRUISE SHIP SECURITY. nology Directorate, in consultation with other ergy, evaluate the security plans of each such (a) IN GENERAL.—Not later than 120 days Department of Homeland Security agencies with nuclear facility for its adequacy to protect the after the date of enactment of this Act, the Sec- responsibility for port security, may conduct facility from damage or disruption from a trans- retary of Homeland Security shall submit to the pilot projects at United States ports to test the portation security incident originating in the Senate Committee on Commerce, Science, and effectiveness and applicability of new port secu- navigable waterway, including threats posed by Transportation and the House of Representa- rity projects, including— navigation, underwater access, and the intro- tives Committee on Transportation and Infra- ‘‘(i) testing of new detection and screening duction of harmful substances into water cool- structure a report on the security of ships and technologies; ant systems. facilities used in the cruise line industry. ‘‘(ii) projects to protect United States ports ‘‘(B) RECTIFICATION OF DEFICIENCIES.—The (b) CONTENT.—The report required by sub- and infrastructure on or adjacent to the navi- Secretary, in coordination with the Secretary of section (a) shall include an assessment of secu- gable waters of the United States, including un- Energy, shall take such steps as may be nec- rity measures employed by the cruise line indus- derwater access; and essary or appropriate to correct any deficiencies try, including the following: ‘‘(iii) tools for responding to a terrorist threat in security identified in the evaluations con- (1) An assessment of the security of cruise or incident at United States ports and infra- ducted under subparagraph (A). ships that originate at ports in foreign coun- structure on or adjacent to the navigable waters ‘‘(C) REPORT.—As soon as practicable after tries. of the United States, including underwater ac- completion of the evaluation under subpara- (2) An assessment of the security of ports uti- cess. graph (A), the Secretary shall transmit a report, lized for cruise ship docking. ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.— in both classified and redacted format, to the (3) The costs incurred by the cruise line indus- There are authorized to be appropriated to the Senate Committee on Commerce, Science, and try to carry out the measures required by the

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 6333 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9467 Maritime Transportation Security Act of 2002 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. striking the items following the item relat- (Public Law 107–295; 116 Stat. 2064) and the (a) SHORT TITLE.—This Act may be cited as ing to section 70116 and inserting the fol- amendments made by that Act. the ‘‘Maritime Transportation Security Act lowing: (4) The costs of employing canine units and of 2004’’. ‘‘70117. In rem liability for civil penalties hand-held explosive detection wands at ports, (b) TABLE OF CONTENTS.—The table of con- and certain costs including the costs of screening passengers and tents for this Act is as follows: ‘‘70118. Withholding of clearance baggage with such methods. Sec. 1. Short title; table of contents ‘‘70119. Firearms, arrests, and seizure of (5) An assessment of security measures taken Sec. 2. Enforcement; pier and wharf security property by the Secretary of Homeland Security to in- costs. ‘‘70120. Enforcement by State and local crease the security of the cruise line industry Sec. 3. Security at foreign ports. officers and the costs incurred to carry out such secu- Sec. 4. Federal and State commercial mari- ‘‘70121. Enforcement by injunction or rity measures. time transportation training. withholding of clearance (6) A description of the need for and the feasi- Sec. 5. Transportation worker background ‘‘70122. Security of piers and wharfs bility of deploying explosive detection systems investigation programs. ‘‘70123. Civil penalty’’. and canine units at ports used by cruise ships Sec. 6. Report on cruise ship security. (2) Section 70117(a) of title 46, United and an assessment of the cost of such deploy- Sec. 7. Maritime transportation security States Code, is amended by striking ‘‘section ment. plan grants. 70120’’ and inserting ‘‘section 70123’’. (7) A summary of the fees paid by passengers Sec. 8. Report on design of maritime secu- (3) Section 70118(a) of such title is amended of cruise ships that are used for inspections and rity grant programs. by striking ‘‘under section 70120,’’ and insert- the feasibility of creating a dedicated passenger ing ‘‘under that section,’’. vessel security fund from such fees. SEC. 2. ENFORCEMENT; PIER AND WHARF SECU- (8) The recommendations of the Secretary, if RITY COSTS. SEC. 3. SECURITY AT FOREIGN PORTS. any, for measures that should be carried out to (a) IN GENERAL.—Chapter 701 of title 46, (a) IN GENERAL.—Section 70109 of title 46, improve security of cruise ships that originate at United States Code, is amended— United States Code, is amended— ports in foreign countries. (1) by redesignating the second section (1) by striking ‘‘The Secretary,’’ in sub- (9) The recommendations of the Secretary, if 70118 (relating to firearms, arrests, and sei- section (b) and inserting ‘‘The Administrator any, on the deployment of further measures to zure of property), as added by section 801(a) of the Maritime Administration,’’; and improve the security of cruise ships, including of the Coast Guard and Maritime Transpor- (2) by adding at the end the following: explosive detection systems, canine units, and tation Act of 2004, as section 70119; ‘‘(c) FOREIGN ASSISTANCE PROGRAMS.—The the use of technology to improve baggage (2) by redesignating the first section 70119 Administrator of the Maritime Administra- screening, and an assessment of the cost of im- (relating to enforcement by State and local tion, in coordination with the Secretary of plementing such measures. officers), as added by section 801(a) of the State, shall identify foreign assistance pro- grams that could facilitate implementation SEC. 13. REPORT ON DESIGN OF MARITIME SECU- Coast Guard and Maritime Transportation RITY GRANT PROGRAMS. Act of 2004, as section 70120; of port security antiterrorism measures in Within 90 days after the date of enactment of (3) by redesignating the second section foreign countries. The Administrator and the this Act, the Secretary of Homeland Security 70119 (relating to civil penalty), as redesig- Secretary shall establish a program to uti- shall transmit a report to the Senate Committee nated by section 802(a)(1) of the Coast Guard lize those programs that are capable of im- on Commerce, Science, and Transportation and and Maritime Transportation Act of 2004, as plementing port security antiterrorism the House of Representatives Committee on section 70123; and measures at ports in foreign countries that Transportation and Infrastructure on the design (4) by inserting after section 70120 the fol- the Secretary finds, under section 70108, to of maritime security grant programs that in- lowing: lack effective antiterrorism measures.’’. cludes recommendations on— ‘‘§ 70121. Enforcement by injunction or with- (b) REPORT ON SECURITY AT PORTS IN THE (1) whether the grant programs should be dis- holding of clearance CARIBBEAN BASIN.—Not later than 60 days after the date of enactment of this Act, the cretionary or formula based and why; ‘‘(a) INJUNCTION.—The United States dis- Secretary of Homeland Security shall sub- (2) requirements for ensuring that Federal trict courts shall have jurisdiction to re- mit to the Committee on Commerce, funds will not be substituted for grantee funds; strain violations of this chapter or of regula- Science, and Transportation of the Senate (3) targeting requirements to ensure that tions issued hereunder, for cause shown. funding is directed in a manner that reflects a and Committee on Transportation and Infra- ‘‘(b) WITHHOLDING OF CLEARANCE.— structure of the House of Representatives a national, risk-based perspective on priority ‘‘(1) If any owner, agent, master, officer, or report on the security of ports in the Carib- needs, the fiscal capacity of recipients to fund person in charge of a vessel is liable for a bean Basin. The report shall include the fol- the improvements without grant funds, and an penalty or fine under section 70119, or if rea- lowing: explicit analysis of the impact of minimum fund- sonable cause exists to believe that the (1) An assessment of the effectiveness of ing to small ports that could affect funding owner, agent, master, officer, or person in the measures employed to improve security available for the most strategic or economically charge may be subject to a penalty under at ports in the Caribbean Basin and rec- important ports; and section 70119, the Secretary may, with re- (4) matching requirements to ensure that Fed- ommendations for any additional measures spect to such vessel, refuse or revoke any eral funds provide an incentive to grantees for to improve such security. clearance required by section 4197 of the Re- the investment of their own funds in the im- (2) An estimate of the number of ports in vised Statutes of the United States (46 U.S.C. provements financed in part by Federal funds. the Caribbean Basin that will not be secured App. 91). by July 2004, and an estimate of the financial Mr. MCCONNELL. Mr. President, I ‘‘(2) Clearance refused or revoked under impact in the United States of any action ask unanimous consent that the Hol- this subsection may be granted upon filing of taken pursuant to section 70110 of title 46, a bond or other surety satisfactory to the lings amendment at the desk be agreed United States Code, that affects trade be- Secretary. to, the Committee-reported substitute, tween such ports and the United States. as amended, be agreed to, the bill, as ‘‘§ 70122. Security of piers and wharfs (3) An assessment of the additional re- amended, be read the third time and ‘‘(a) IN GENERAL.—Notwithstanding any sources and program changes that are nec- passed, the motion to reconsider be other provision of law, the Secretary shall essary to maximize security at ports in the laid upon the table, and any state- require any uncleared, imported merchan- Caribbean Basin. ments be printed in the RECORD as if dise remaining on the wharf or pier onto SEC. 4. FEDERAL AND STATE COMMERCIAL MARI- read. which it was unladen for more than 7 cal- TIME TRANSPORTATION TRAINING. The PRESIDING OFFICER. Without endar days, not including any time the im- Section 109 of the Maritime Transportation ported merchandise was held in federal cus- Security Act of 2002 (46 U.S.C. 70101 note) is objection, it is so ordered. tody, to be removed from the wharf or pier amended— The amendment (No. 3669) was agreed and deposited in the public stores or a gen- (1) by redesignating subsections (c) to. eral order warehouse, where it shall be in- through (f) as subsections (d) through (g), re- (The amendment is printed in today’s spected for determination of contents, and spectively; and RECORD under ‘‘Text of Amendments.’’) thereafter a permit for its delivery may be (2) by inserting after subsection (b) the fol- The committee amendment in the granted. lowing: nature of a substitute, as amended, was ‘‘(b) PENALTY.—The Secretary may impose ‘‘(c) FEDERAL AND STATE COMMERCIAL MAR- agreed to. an administrative penalty of $5,000 on the ITIME TRANSPORTATION TRAINING.—The Sec- The bill (S. 2279), as amended, was consignee for each bill of lading for general retary of Transportation shall establish a read the third time and passed, as fol- order merchandise remaining on a wharf or curriculum, to be incorporated into the cur- pier in violation of subsection (a), except riculum developed under subsection (a)(1), to lows: that no penalty shall be imposed if the viola- educate and instruct Federal and State offi- S. 2279 tion was a result of force majeure.’’. cials on commercial maritime and inter- Be it enacted by the Senate and House of Rep- (b) CONFORMING AMENDMENTS.— modal transportation. The curriculum shall resentatives of the United States of America in (1) The chapter analysis for chapter 701 of be designed to familiarize those officials Congress assembled, title 46, United States Code, is amended by with commercial maritime transportation in

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9468 CONGRESSIONAL RECORD — SENATE September 21, 2004 order to facilitate performance of their com- (5) An assessment of security measures Senate receives the House message to mercial maritime and intermodal transpor- taken by the Secretary of Homeland Secu- accompany H.R. 1350, the IDEA reau- tation security responsibilities. In devel- rity to increase the security of the cruise thorization bill, if the House amends oping the standards for the curriculum, the line industry and the costs incurred to carry the Senate amendment, the Senate dis- Secretary shall consult with each agency in out such security measures. the Department of Homeland Security with (6) A description of the need for and the agree with the House amendment or in- maritime security responsibilities to deter- feasibility of deploying explosive detection sist upon its amendment, as is appro- mine areas of educational need. The Sec- systems and canine units at ports used by priate, and request a conference with retary shall also coordinate with the Federal cruise ships and an assessment of the cost of the House on the disagreeing votes of Law Enforcement Training Center in the de- such deployment. the two Houses; provided, alter- velopment of the curriculum and the provi- (7) A summary of the fees paid by pas- natively, that if the House requests a sion of training opportunities for Federal sengers of cruise ships that are used for in- conference, the Senate agree to the re- spections and the feasibility of creating a and State law enforcement officials at appro- quest for a conference, and in either priate law enforcement training facilities.’’. dedicated passenger vessel security fund case the Chair be authorized to appoint SEC. 5. TRANSPORTATION WORKER BACK- from such fees. GROUND INVESTIGATION PRO- (8) The recommendations of the Secretary, conferees with a ratio of 11 to 10. GRAMS. if any, for measures that should be carried The PRESIDING OFFICER. Without Within 120 days after the date of enact- out to improve security of cruise ships that objection, it is so ordered. ment of this Act, the Secretary of Homeland originate at ports in foreign countries. Mr. REID. Mr. President, this is the Security, after consultation with the Sec- (9) The recommendations of the Secretary, way we should proceed. This is excel- retary of Transportation, shall transmit a if any, on the deployment of further meas- lent. I have confidence in Judd Gregg, report to the Senate Committee on Com- ures to improve the security of cruise ships, including explosive detection systems, ca- the chairman of the committee. I don’t merce, Science, and Transportation and the agree with him lots of times, but he is House of Representatives Committee on nine units, and the use of technology to im- Transportation and Infrastructure— prove baggage screening, and an assessment a man who believes in the procedures (1) making recommendations (including of the cost of implementing such measures. we have established here many years legislative recommendations, if appropriate SEC. 7. MARITIME TRANSPORTATION SECURITY ago. I am confident this will be a very or necessary) for harmonizing, combining, or PLAN GRANTS. successful conference. Section 70107(a) of title 46, United States coordinating requirements, procedures, and Mr. MCCONNELL. Mr. President, I, Code, is amended to read as follows: programs for conducting background checks too, am pleased that we have been able under section 70105 of title 46, United States ‘‘(a) IN GENERAL.—The Under Secretary of Homeland Security for Border and Transpor- to finally get to conference on IDEA. Code, section 5103a(c) of title 49, United tation Security shall establish a grant pro- We hope the conferees will be success- States Code, section 44936 of title 49, United gram for making a fair and equitable alloca- States Code, and other provisions of Federal ful shortly. tion of funds to implement Area Maritime law or regulations requiring background Mr. KENNEDY. Mr. President, I am Transportation Security Plans and to help pleased that we are going to conference checks for individuals engaged in transpor- fund compliance with Federal security plans tation or transportation-related activities; among port authorities, facility operators, on the reauthorization of the Individ- (2) setting forth a detailed timeline for im- and State and local agencies required to pro- uals with Disabilities Education Act. plementation of such harmonization, com- vide security services. Grants shall be made This is the landmark Federal law that bination, or coordination; on the basis of threat-based risk assessments sets national standards for special edu- (3) setting forth a plan with a detailed subject to review and comment by the appro- cation, and defines the rights of chil- timeline for the implementation of the priate Federal Maritime Security Coordina- Transportation Worker Identification Cre- dren with disabilities in our public tors and the Maritime Administration. The schools. dential in seaports; grant program shall take into account na- (4) making recommendations for a waiver tional security priorities, national economic, We have ahead of us the key chal- and appeals process for issuing a transpor- and strategic defense concerns and shall be lenge of modernizing this important tation security card to an individual found coordinated with the Director of the Office of law to meet today’s demands and to en- otherwise ineligible for such a card under Domestic Preparedness to ensure that the sure that the rights of children with section 70105(c)(2) and (3) of title 46, United grant process is consistent with other De- special needs truly are protected. Dis- States Code, along with recommendations on partment of Homeland Security grant pro- abled does not mean unable. We must the appropriate level of funding for such a grams.’’. do everything possible to ensure that process; and SEC. 8. REPORT ON DESIGN OF MARITIME SECU- (5) making recommendations for how infor- RITY GRANT PROGRAMS. children with disabilities have the mation collected through the Transportation Within 90 days after the date of enactment same opportunities to learn as other Worker Identification Credential program of this Act, the Secretary of Homeland Secu- children. may be shared with port officials, terminal rity shall transmit a report to the Senate I want to thank our committee chair- operators, and other officials responsible for Committee on Commerce, Science, and man, Senator GREGG, for his leadership maintaining access control while also pro- Transportation and the House of Representa- in guiding through the Senate a strong tecting workers’ privacy. tives Committee on Transportation and In- bipartisan bill to meet that challenge. SEC. 6. REPORT ON CRUISE SHIP SECURITY. frastructure on the design of maritime secu- rity grant programs that includes rec- I look forward to working closely with (a) IN GENERAL.—Not later than 120 days ommendations on— him, Chairman JOHN BOEHNER, Con- after the date of enactment of this Act, the (1) whether the grant programs should be gressman GEORGE MILLER, and our Secretary of Homeland Security shall sub- discretionary or formula based and why; mit to the Senate Committee on Commerce, other colleagues on the committee to (2) requirements for ensuring that Federal Science, and Transportation and the House produce a final bill that parents can funds will not be substituted for grantee of Representatives Committee on Transpor- support and that will enjoy bipartisan funds; tation and Infrastructure a report on the se- support. (3) targeting requirements to ensure that curity of ships and facilities used in the funding is directed in a manner that reflects f cruise line industry. a national, risk-based perspective on priority (b) CONTENT.—The report required by sub- UNANIMOUS CONSENT AGREE- needs, the fiscal capacity of recipients to section (a) shall include an assessment of se- MENT—EXECUTIVE CALENDAR fund the improvements without grant funds, curity measures employed by the cruise line and an explicit analysis of the impact of Mr. MCCONNELL. Mr. President, as industry, including the following: minimum funding to small ports that could (1) An assessment of the security of cruise in executive session, I ask unanimous affect funding available for the most stra- ships that originate at ports in foreign coun- consent that on Wednesday, imme- tegic or economically important ports; and tries. diately following morning business, the (4) matching requirements to ensure that (2) An assessment of the security of ports Senate proceed to executive session to Federal funds provide an incentive to grant- utilized for cruise ship docking. ees for the investment of their own funds in consider the following nomination on (3) The costs incurred by the cruise line in- the improvements financed in part by Fed- today’s Executive Calendar: dustry to carry out the measures required by eral funds. PORTER GOSS to be Director of Cen- the Maritime Transportation Security Act of f tral Intelligence. 2002 (Public Law 107–295; 116 Stat. 2064) and I further ask unanimous consent that the amendments made by that Act. UNANIMOUS CONSENT there be 6 hours of debate, equally di- (4) The costs of employing canine units and AGREEMENT—H.R. 1350 hand-held explosive detection wands at vided between the chairman and vice ports, including the costs of screening pas- Mr. MCCONNELL. Mr. President, I chairman or their designees; provided sengers and baggage with such methods. ask unanimous consent that when the further that upon the use or yielding

VerDate Mar 15 2010 22:19 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2004SENATE\S21SE4.REC S21SE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2004 CONGRESSIONAL RECORD — SENATE S9469 back of that time, the Senate proceed order, there will be up to 6 hours of de- THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- POINTMENT IN THE GRADE INDICATED IN THE UNITED to a vote on the confirmation of the bate prior to a vote on confirmation. It STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTIONS 531 nomination; further, that following the is my hope we will not require the en- AND 1552. vote, the President be immediately no- tire allotment of debate time. Senators To be lieutenant colonel tified of the Senate’s action, and the should expect a vote on the nomination DAVID A. LUJAN, 0000 Senate then return to legislative ses- sometime tomorrow afternoon, and MICHAEL C. SCHRAMM, 0000 sion. that vote will be the first vote of to- THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- POINTMENT IN THE GRADE INDICATED IN THE UNITED The PRESIDING OFFICER. Is there morrow’s session. STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531. objection? f To be lieutenant colonel Without objection, it is so ordered. ADJOURNMENT UNTIL 9:30 A.M. DOUGLAS A. HABERMAN, 0000 f TOMORROW EDWARD H. LINCH III, 0000 KIRBY E. W. SIMMONS, 0000 ORDERS FOR WEDNESDAY, Mr. MCCONNELL. Mr. President, if KEVIN J. STEVENS, 0000 SEPTEMBER 22, 2004 there is no further business to come be- MATTHEW S. WARNER, 0000 THE FOLLOWING NAMED OFFICER FOR REGULAR AP- Mr. MCCONNELL. Mr. President, I fore the Senate, I ask unanimous con- POINTMENT IN THE GRADE INDICATED IN THE UNITED ask unanimous consent that when the sent that the Senate stand in adjourn- STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531: Senate completes its business today, it ment under the previous order. To be major There being no objection, the Senate, adjourn until 9:30 a.m. on Wednesday, MARTIN J. TOWEY, 0000 September 22. I further ask that fol- at 7:14 p.m., adjourned until Wednes- IN THE ARMY lowing the prayer and pledge, the day, September 22, 2004, at 9:30 a.m. f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT morning hour be deemed expired, the TO THE GRADE INDICATED IN THE UNITED STATES ARMY Journal of proceedings be approved to NOMINATIONS UNDER TITLE 10, U.S.C., SECTION 624: date, the time for the two leaders be Executive nominations received by To be lieutenant colonel reserved, and the Senate then begin a the Senate September 21, 2004: JOHN R. PELOQUIN, 0000 period for morning business for up to 90 DEPARTMENT OF VETERANS AFFAIRS minutes, with the first 45 minutes IN THE MARINE CORPS under the control of the majority lead- WILLIAM A. MOORMAN, OF VIRGINIA, TO BE A JUDGE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT OF THE UNITED STATES COURT OF APPEALS FOR VET- TO THE GRADE INDICATED IN THE UNITED STATES MA- er or his designee and the final 45 min- ERANS CLAIMS FOR THE TERM OF FIFTEEN YEARS, VICE RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: KENNETH B. KRAMER, TERM EXPIRED. utes under the control of the Demo- To be major cratic leader or his designee; provided IN THE AIR FORCE RANDY O. CARTER, 0000 further that following morning busi- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE NAVY ness, the Senate proceed to Executive CATED UNDER TITLE 10, U.S.C., SECTION 624: Calendar No. 815, the nomination of To be brigadier general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY PORTER GOSS to be Director of the Cen- COL. MARSHALL K. SABOL, 0000 UNDER TITLE 10, U.S.C., SECTION 624: tral Intelligence Agency, as provided THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be lieutenant commander under the previous order. TO THE GRADE INDICATED IN THE UNITED STATES AIR FORCE AND AS PERMANENT PROFESSORS, UNITED DWAYNE BANKS, 0000 The PRESIDING OFFICER. Without STATES AIR FORCE ACADEMY, UNDER TITLE 10, U.S.C., THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SECTIONS 9333 (B) AND 9336 (A): objection, it is so ordered. TO THE GRADE INDICATED IN THE UNITED STATES NAVY f To be colonel UNDER TITLE 10, U.S.C., SECTION 624: KATHLEEN HARRINGTON, 0000 To be lieutenant commander PROGRAM PAUL E. PIROG, 0000 BILLY R. DAVIS, 0000 Mr. MCCONNELL. Mr. President, for THE FOLLOWING NAMED OFFICER FOR REGULAR AP- BROOK DEWALT, 0000 the information of all Senators, tomor- POINTMENT IN THE GRADE INDICATED IN THE UNITED DOUGLAS GABOS, 0000 STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTIONS 531 MARGUERITE A. GILLILAND, 0000 row, following morning business, the AND 1211: KIMBERLY S. MARKS, 0000 Senate will begin consideration of the To be lieutenant colonel PHILIP R. ROSI II, 0000 JASON P. SALATA, 0000 Goss nomination. Under the previous GEORGE J. KRAKIE, 0000 WILLIAM H. SPEAKS, 0000

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