S614 CONGRESSIONAL RECORD — SENATE February 5, 2004 says it really could have been more one of our soldiers or an Iraqi citizen. The PRESIDING OFFICER. Without dangerous than we even ever thought— Yes, it hurts. objection, it is so ordered. I think we have to assess that in the But do the people of Iraq today have Mr. INHOFE. At this point, I will context of all of the rhetoric we are a better chance to live in freedom and yield to the Senator from Iowa, and hearing about second-guessing a deci- prosperity than they had the entire following his remarks I will seek to be sion that was based on what we had at time they had been ruled by a despot? recognized. the time. Absolutely. Do the people of Afghani- (Mr. ENSIGN assumed the Chair.) Senator FEINSTEIN said we should stan today have the hope for a future Mr. GRASSLEY. Madam President, I relook at our intelligence-gathering or- of freedom more than they had under want to address the consideration that ganization. I do not think anyone the Taliban and the other despots the Senate Finance Committee gave to would disagree with that, including the under whom they have been buried for the portion of the highway bill that de- President of the United States. all these years? Oh, yes. They have a termines the size of the trust fund, In our first effort to address the constitution that is getting ready now source of the trust fund, and our com- issues of the failure that led to 9/11, we to become implemented that actually mittee’s decisionmaking over that. all tried to look at the intelligence says women will be equal in that coun- And my speaking to the Senate is failures, to look at the things that did try. based on the proposition, thus far, that not compute, to look at the commu- We have come a long way. we are moving ahead with the total nications systems that did not match The PRESIDING OFFICER. The Sen- highway package the way that has up. We tried to put a grid in place in ator has used 10 minutes. been suggested by the Senate Environ- the agency that was created for home- Mrs. HUTCHISON. Madam President, ment and Public Works Committee, land security that would allow all of I ask the distinguished Senator from Senate Banking Committee, and the the intelligence gathering that is done Oklahoma if he would like to extend Senate Commerce Committee, with my in and for our country to be put the time or is he prepared to go to the committee working in cooperation through a grid to warn us when there highway bill. with those three committees, at that was an imminent danger. The PRESIDING OFFICER. The Sen- level of expenditure. Let’s talk about what the result has ator from Oklahoma. Somehow, if the President, in suc- been because we have tried to address Mr. INHOFE. Madam President, we ceeding days, would say he is not going those failures. We have prevented po- are prepared to go back to the bill at to sign a bill that is that big, I will tential terrorist acts. We know we pre- this time. moderate my remarks to conform with vented an airliner from being blown up Mrs. HUTCHISON. Thank you. that. But right now, all I know is what Madam President, let me end by say- because a very smart flight attendant this body has done in three of its com- ing I hope we will come together and saw a man get ready to strike a match mittees to arrive at where we are now. support the President in his initiatives and light his shoe. We know from that I want to address, within that frame- to get to the bottom of this issue. The work and that environment, the work experience what to look for in an air- President is looking out for the United of our committee. line passenger, and we have refined the States of America, and we do not need I will particularly speak about some system. We have seen flights canceled partisan rhetoric on an issue such as other Members of this body who lack a because there was a suspicion there this. We need to come together. That is consideration of the hard work that might be something going on. Who what we must do. has been put into this product, as well knows what was prevented in that in- Thank you, Madam President. I yield as their philosophical objections to stance? the floor, and I yield back the time what we have done. I don’t have any We have seen arrests in very remote that was allocated for morning busi- question that any Senator can have parts of our country because of intel- ness. any philosophical objections to any- ligence gathering. We have not had a f thing he wants, but I want everybody terrorist attack on our country since in the Senate to know that the 21 the time we were attacked on 9/11. We SAFE, ACCOUNTABLE, FLEXIBLE, members of the Senate Finance Com- have had attempts, but we, because we AND EFFICIENT TRANSPOR- mittee did not take this product light- have processes in place from what we TATION EQUITY ACT OF 2003 ly. have learned, have thwarted those at- The PRESIDING OFFICER. Under There has been a lot of harsh criti- tempts, including one this week in the the previous order, the hour of 10:50 cism of the upcoming Finance Com- United States Senate. having arrived, the Senate will resume mittee title of this highway bill. So, yes, we need to relook at our in- consideration of S. 1072, which the What I will do is lay out the context telligence gathering. Yes, we are learn- clerk will report. of the funding portions of this legisla- ing every day. And, yes, the President The assistant legislative clerk read tion and respond to this harsh criti- of the United States has already said as follows: cism. The role of the Finance Com- he will have an independent investiga- A bill (S. 1072) to authorize funds for Fed- mittee on the highway bill is centered tion of our intelligence gathering that eral-aid highways, highway safety programs, on the highway trust fund raising, not led to the invasion of Iraq. He has said and transit programs, and for other purposes. expending, funds. Finance Committee he would do that. The President has Pending: jurisdiction involves the Federal excise also agreed to the extension asked for Modified committee amendment in the na- taxes, the highway trust fund, and the by the 9/11 Commission, the bipartisan ture of a substitute. expenditure authority of the trust commission that is looking into what Dorgan amendment No. 2267, to exempt fund. The Finance Committee has happened before and during the 9/11 in- certain agricultural producers from certain acted in all of these areas as recently cident. He has said, yes, I will agree to hazardous materials transportation require- as just this Monday. an extension, because he was asked. ments. Gregg amendment No. 2268 (to amendment The authorizing committee’s actions The President of the United States is No. 2267), to provide that certain public safe- will result in outlays from the trust being open. The President of the ty officials have the right to collective bar- funds of $231 billion for highways, and United States is trying to do the right gaining. $36.6 billion for transit, spread out over thing to get to the bottom of this be- The PRESIDING OFFICER. The Sen- the next 6 years. Essentially, those fig- cause he has the interests of the United ator from Nevada. ures I just gave you represent the cash- States at heart. Mr. REID. Madam President, I sug- flow out of the trust fund. The Finance Let’s look at some other results. gest the absence of a quorum. Committee’s action provided the re- Let’s look at the difference in the hope The PRESIDING OFFICER. The sources in the trust fund to cover the of the people of Iraq and Afghanistan clerk will call the roll. cash outflows and provide a cushion in today. Yes, there are continuing prob- The assistant legislative clerk pro- the trust fund balances. This is how we lems. Yes, it grieves every one of us. ceeded to call the roll. arrived at that action of the Senate Fi- Our hearts stop when we hear there has Mr. INHOFE. Madam President, I ask nance Committee. been another bombing or mishap that unanimous consent that the order for But some of the critics have said the has hurt one of our soldiers or killed the quorum call be rescinded. Finance Committee should have funded

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S615 the trust fund at the level of the motor nance Committee’s role is undermined ethanol. These exemptions further im- fuel taxes and the compliant savings as well. portant policy purposes but purposes resulting therefrom. I also wish to point out the bottom which are not embedded in highway This is a very fair debate to have in line for those other 20 Senators who, policy. No one takes issue with the ex- the Senate, or in any committee, but I like me, voted against the higher trust emption but whether they should be want the Members of this body who fund spending last year. Again, the po- borne by the highway trust fund. We don’t serve on the Finance Committee litical reality is that the Senate is don’t hear that argument. to understand that we had that fair de- going to approve outlays at the levels Contrary to what has been suggested, bate in the Finance Committee on approved by these three authorizing increasing highway funding in this Monday, and in other sessions before committees. manner is not unlimited like the direct that. This committee had to decide One option would be a direct general general fund transfers but is limited by otherwise from those critics who have fund transfer. A direct general fund the universe of exemptions. said that the Finance Committee transfer erodes the integrity of trust For the 20 other Senators who, like should have funded the trust fund at funds, and it dilutes the role of the tax- me, last year voted for lower highway just the levels of the motor fuel taxes writing committees. It directly delinks spending, they have an interest in what and compliant savings. highway spending and highway re- the Finance Committee did. By main- So I think everybody in this body has ceipts, and we believe those have tradi- taining the relationship between high- a responsibility to be realistic and tionally been tied together and should way receipts and spending, we main- wake up to the facts of life as we are be tied together. Because of that, the tain a ceiling on the spending. A direct considering this legislation and in Senate did not go there. general fund transfer does not have their responding to it because there There is a danger for us fiscal con- such a limit. will be a time when the Senate will ex- servatives of such an approach because I repeat and remind my colleagues, press its will on this floor, and we all direct general fund transfers would po- the bottom line is that the so-called il- have to face the reality of the legisla- tentially be open ended and no fiscal lusory receipts that Finance came up tive process. The will of the Senate, at discipline whatsoever. with result in a ceiling on highway and If the Finance Committee had done the end of the day, will be to fund high- transit spending. Don’t these other 20 what the critics argue, what would ways and transit programs at the out- Senators want some sort of a ceiling? have been the outcome on the floor of lay levels provided by the three author- The ceiling is not available with a di- the Senate? Does anyone believe that izing committees of Banking, Com- rect general fund transfer. we would have been left at the author- The Finance Committee bill contains merce, and Environment and Public ized funding amounts? No, we all know a self-imposed ceiling that relates the Works. the funding levels would have gone way receipts to expenditures of the trust So to my critics, some of whom chose up. Where would we end up? The an- fund and everything connected with to criticize me directly, let me remind swer is that we would end up with a di- the trust fund. them that last year I was 1 of 21 votes rect general fund transfer. Do these receipts end up as refunds against the Bond-Reid amendment dur- Any Finance Committee member or exemptions? No, those are legiti- ing the budget debate. That wasn’t an should be concerned about that bottom mate policy choices made by Congress easy vote. So I understand the senti- line result and what that does to the in law. I cited the case of ethanol. ments for lower funding levels, but trust fund concept and the history of There are others. Those receipts rep- Members of this body need to under- our committee’s jurisdiction over that resent the burden users put on our stand that 21 is a sizable minority of trust fund but, more importantly, our roads. The trust fund then properly ac- this body, and the vast majority de- responsibility we have to the Senate. counts for these users. cided more money should be spent on In the Finance Committee, we de- Where we have shifted the burden of highways and transit. cided to maintain the relationship be- an exemption or refund from the high- That was last year, and this is now, tween the trust fund receipts and the way trust fund to the general fund, the today. A majority of the Finance Com- trust fund spending. It is so important Finance Committee has provided off- mittee dealt with this fundamental re- then to distinguish between trust fund sets. In the end the Finance Committee ality. So I would like to ask the critics receipts and revenues that is counted has made sure this will not add to the to come out of their ivory towers and for budget purposes. deficit. deal with the reality of the Senate. Embedded in the trust funds are sev- To those who choose to ignore the The reality that faced us on the Fi- eral policies that burden the trust political reality of the Senate, deci- nance Committee was how to bridge fund. The clearest of these, and one we sions made overwhelmingly by three the gap between the baseline revenue always hear, is the treatment of eth- other committees, decisions made last collections and the outlay levels of the anol. The tax benefit for ethanol is the year on the budget we are still oper- three authorizing committees, which only—the only—energy production in- ating under with only 21 dissenters, the was considerably higher. centive that is not borne by the gen- rest of the Senate decided there ought In consideration of this major prob- eral fund. There are billions of dollars to be more massive amounts of money lem facing us, the leader of the Demo- in tax benefits for oil and gas that are spent on roads. crats on my committee, Senator BAU- charged to the general fund, for in- That is the political reality of the CUS, and I—and we try to work to- stance. Do Senators from oil and gas Senate. I say to these people, what gether whenever we can, and that is States understand that the tax benefit would you do? What would you do to most of the time—had the reality of for ethanol is the only energy produc- make the trust fund a relevant part of the Senate to take into consideration. tion incentive that is not borne di- the highway program, where it has We had to keep in mind the institu- rectly by the general fund? been since we have had Federal gas tional issues with which the Senate Fi- Under current law, the use of ethanol taxes? What would you do to maintain nance Committee has to deal. We could is prejudiced in terms of the highway the relationship of the trust fund re- not and we would not choose an option trust fund resources. That is because ceipts and trust fund spending? What that would undermine the integrity of the benefit is charged against the trust would you do to avoid an open-ended the trust fund, and we surely are not fund up to this point when we adopt general fund transfer where there is going to do anything to undermine the this legislation because my VEETC lesser, or maybe absent any, fiscal re- role of the Senate Finance Committee. proposal eliminated the inequity by sponsibility? What do I mean by the integrity of making sure the trust fund is fully I get back to some old sayings that the trust fund? The answer is that the funded by those who use ethanol fuel. can say it better than I can, and I Finance Committee needs to ensure For my friends who are always criti- think I read in Lyndon Johnson’s biog- that there is a relationship between cizing, the tax benefit for ethanol, like raphy, ‘‘The Master of the Senate,’’ the receipts in the trust fund and the that of any other energy source, will be that Sam Rayburn said something spending from that trust fund. To the borne then by the general fund. about any jackass can push a barn extent that relationship is undermined, There are numerous other exemp- down, but it takes a carpenter to build I say to my fellow colleagues, the Fi- tions from the fuel taxes in addition to one.

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S616 CONGRESSIONAL RECORD — SENATE February 5, 2004 We have a few people who are trying Mr. INHOFE. No. funding for States with transit needs to kick the barn down. These people The PRESIDING OFFICER. The Sen- that are particularly great because are not really interested in building a ator does not have the right to yield they have transit systems in extremely barn like the three authorizing com- the floor to another Senator. urban areas with high utilization rates. mittees are, as they tried to put some- The Senator from Alabama. The bill increases the accountability thing together. Albeit there might be AMENDMENT NO. 2269 within the transit program. It rewards some sort of disagreement about ex- (Purpose: To amend chapter 53 of title 49, transit agencies to deliver products actly what the right and ideal level of United States Code, relating to the author- that are on time, on budget, and pro- expenditure is, but they have worked ization of Federal funding for public trans- vide the benefits that they promised. hard. The American people want us portation, and for other purposes) Further, this bill allows communities building the legislative barn. Mr. SHELBY. Mr. President, I send to consider more cost-effective, flexible I turn to these people who do not an amendment to the desk. solutions to their transportation needs want to build this barn—our Federal The PRESIDING OFFICER. Without by opening up eligibility of a new obligation under highways. It has been objection, the pending amendment is starts fund to nonfixed guideway a pretty dominant Federal policy since set aside, and the clerk will report. projects under $75 million in cost. With Eisenhower and the interstate system, The legislative clerk read as follows: this change, other solutions can be fos- and of course a long time before that The Senator from Alabama [Mr. SHELBY] tered, such as bus rapid transit, which proposes an amendment numbered 2269. with other highways. They ought to can produce the majority of the benefit quit kicking and focus on the reality of (The amendment is printed in today’s of rail at a fraction of the cost. getting this highway bill done. The Fi- RECORD under ‘‘Text of Amendments.’’) Finally, the bill seeks to improve the nance Committee amendment took a Mr. SHELBY. Mr. President, the text performance and efficiency of transit of this amendment is identical to the step forward to getting this job done. systems nationwide. It provides incen- legislation that the Banking Com- The Finance Committee did the job. tives for the coordination of human mittee ordered reported from the com- We provided the funding. More impor- service transportation activities to mittee by a voice vote yesterday. In tantly, we linked the highway receipts eliminate duplication and overlap. It other words, it was a unanimous vote to the spending, and we did this in a increases the focus on safety and secu- in the Banking Committee. deficit-neutral way. rity needs with transit systems to in- The PRESIDING OFFICER. The Sen- I rise today in support of the Federal sulate them against terrorist attacks. ator from Missouri. Public Transportation Act of 2004. This It also enhances the role of the private Mr. BOND. Mr. President, I thank the is the bill, as everyone knows, that was distinguished chairman of the Finance successfully reported out of the Com- sector in providing public transpor- Committee. I congratulate him and the mittee on Banking, Housing, and tation in an effort to reduce costs and ranking member for moving forward. I Urban Affairs yesterday. to improve service. In short, the Federal Public Trans- found the comments of my neighbor in I am proud of this piece of legislation portation Act is a good bill and one Iowa to be particularly appropriate which was crafted on a bipartisan basis that will dramatically improve the about the need to build the barn. with cooperation from the distin- public transportation program to help Again, I express my thanks to our col- guished Senator from Maryland, Mr. Americans with their mobility needs in leagues on the Environment and Public SARBANES, the committee’s ranking urban and rural areas nationwide. Works Committee, Senator JEFFORDS, member. I commend this to the Senate and Senator REID, and the others, for mov- This amendment, which I hope will be part of the bill, provides record ask my colleagues for their support. ing forward. The PRESIDING OFFICER. The Sen- Right now we are asking that Chair- growth for public transportation at ator from Maryland. man INHOFE return. He has an impor- $56.5 billion—a 57-percent increase over Mr. SARBANES. Mr. President, I rise tant meeting right now and he is going TEA–21. This funding level tracks with to join my distinguished colleague to come out to assure we can get more the growth in the highway program to from Alabama, chairman of the Senate of this bill moving. We have a very $255 billion. This combined funding will Committee on Banking, Housing, and short time window today. I know that go a long way toward improving and Urban Affairs, in very strong support of on both sides of the aisle we would like expanding upon our Nation’s transpor- the Federal Public Transportation Act to have people come down, offer rel- tation infrastructure. I am pleased, as of 2004. evant amendments, try to get as much I said, to be working with the Environ- ment and Public Works Committee First, let me express my appreciation of this bill moving as possible, and to the chairman of the Banking Com- begin the voting process. chairman, Senator INHOFE, to accom- mittee, Senator SHELBY, who has As I said, we have much work going plish this goal. worked assiduously on this legislation, on just off of the Senate floor as we try Our amendment, which will be part reaching across the aisle in a most co- to move this legislation forward. We of the bill, we trust, accomplishes operative manner to develop a transit have several more pieces of SAFETEA three important policy goals. It creates bill that will begin to address the ur- to be brought forward. We are working funding flexibility, increases account- gent needs faced by communities all with the other committees involved to ability, and improves the performance across the country. make sure they come forward. I believe and efficiency of the transit programs in the United States. As a result of his efforts and those of Chairman SHELBY from the Banking The bill creates several new formulas other members of our committee on Committee will arrive shortly to bring to better address growing transit the transit bill, the Federal Public forth a mass transit bill. needs. A rural low density formula is I suggest the absence of a quorum. Transportation Act of 2004 was re- The PRESIDING OFFICER. The created to allow for transit services in ported out of the Banking Committee clerk will call the roll. sparsely populated areas where em- yesterday morning with unanimous The legislative clerk proceeded to ployment centers and health care are support. Every member of the com- call the roll. great distances apart. A growing mittee supported this legislation. Mr. INHOFE. Mr. President, I ask States formula is created to allow com- Let me also acknowledge the con- unanimous consent that the order for munities with populations projected to tributions made by Senator ALLARD of the quorum call be rescinded. grow significantly in the coming years Colorado and Senator REED of Rhode The PRESIDING OFFICER. Without to put in place needed transportation Island, the chairman and ranking objection, it is so ordered. infrastructure. A small transit inten- member of our Housing and Transpor- Mr. INHOFE. Mr. President, at this sive cities formula is created to ad- tation Subcommittee, who have time I would like to recognize Senator dress the needs of communities where worked with us step by step to develop SHELBY for some comments about his the level of transit service exceeds the package that is being brought to amendment and then reclaim the floor. what their population-based formula the floor of the Senate. Mr. REID. Mr. President, reserving provides. I also thank the distinguished leader- the right to object, was this a unani- Our bill also creates a super-high ship of the Environment and Public mous consent request? density formula to provide additional Works Committee, Chairman INHOFE

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S617 and Ranking Member JEFFORDS, as It saves employees money. It saves nities will need $14 billion per year in well as the leadership of the Finance wear and tear on the employees’ spir- capital investment simply to maintain Committee, Chairman GRASSLEY and it.’’ the condition and performance of their Ranking Member BAUCUS, with whom Transit benefits the economy in transit systems, let alone what is nec- we have worked closely in order to ad- other ways as well. For example, tran- essary to improve conditions and serv- dress a number of important issues re- sit investments in one community can ice. If we do not make this investment lated to the financing of this bill. With- have repercussions in many areas today, we will be left with deterio- out their help and the very committed around the country. The president of rating infrastructure and worsening work of the Senate leadership, Major- the American Public Transportation congestion tomorrow and that, of ity Leader FRIST and Minority Leader Association, Bill Millar, who has testi- course, would be a depressing influence DASCHLE, I doubt that we could be fied before the Senate on a number of on our economy and would undermine where we are today. I think it is impor- occasions and has brought extraor- our economic strength and vitality. tant to recognize the broad effort and dinary leadership to this effort, pointed The legislation before the Senate au- the broad support that exists for this out that when one locality builds a rail thorizes $56.5 billion in transit invest- legislation. system or develops its bus system, ment over the next 6 years. This is the As we approached the expiration of much of that construction or the as- amount approved by the Senate during the previous surface transportation sembly of those buses may well be done consideration of the fiscal 2004 budget bill, the Transportation Equity Act for in a different jurisdiction. So one has resolution and represents a substantial the 21st Century, known as TEA–21, the to keep in mind when considering the increase over TEA–21. Most experts Banking Committee and its Housing economic benefits, it is not just the conclude it is not adequate to address and Transportation Subcommittee held area that is upgrading the transit sys- all the transit needs of the Nation, but a series of hearings—some at the full tem that is getting the money, but it does represent a significant step for- committee level and some at the sub- that area in turn is spending its money ward in our efforts to improve our citi- committee level—on the Federal tran- on a whole range of supplies and serv- zens’ mobility and strengthen our na- sit program and its contribution to re- ices which take place elsewhere in the tional economy through investments in ducing congestion, strengthening our country. When Texas cities buy buses, our transportation infrastructure. national economy, and improving our for example, it may be a company in The legislation maintains a feature quality of life. Colorado that is producing the buses. of both ISTEA and TEA–21, the two Over the course of those hearings, As Mr. Millar said, ‘‘While the Federal previous surface transportation acts, which extended over roughly a 2-year money would appear to be going one namely, parity between the transit period, we heard testimony from doz- place, the impact of that money tends program and the highway program so ens of witnesses, including Secretary of to go very far and wide.’’ that they will be able to move ahead in Of course, transit is about more than Transportation Norman Mineta, Fed- a parallel and comparable fashion. We our economic life. It is also about our eral Transit Administrator Jenna are appreciative of our colleagues on quality of life. During our hearings, we Dorn, representatives of transit agen- other committees for recognizing the heard a great deal about the impor- cies from around the country, mayors, importance of that proposition. tance of transit to our senior citizens, business and labor leaders, environ- Moreover, the legislation maintains our young people, the disabled, and mentalists, and transit riders—vir- the existing 80% Federal match on new others who rely on transit for their tually all of the stakeholders in this starts transit projects. Again, that daily mobility needs. There is a popu- important matter—and including eco- maintains the parallelism that has ex- lation out there, significant in number, nomic development experts, a very im- isted between highways and transit so whose mobility depends on transit sys- that the decision being made at the portant dimension of this, to which I tems. They do not have the alternative local level is not weighted in one direc- will refer again shortly. of the automobile. Virtually all of the witnesses we Several of our witnesses observed tion or the other because of the match heard agreed that the investment that that the increased investment in tran- that is required in order to move for- had been made under TEA–21—in other sit and paratransit services under ward with the transportation infra- words, the predecessor legislation to TEA–21, the previous legislation, pro- structure. Mayor McCrory of Char- what we are now considering in the vided the crucial link between home lotte, North Carolina, made this point Senate—contributed to a renaissance and a job, school, or a doctor’s office, at one of our hearings when he ob- for transit in this country. In fact, for millions of people who might not served that ‘‘there’s a strong need to transit has experienced the highest otherwise have been able to participate keep the program 80–20, as we do for percentage of ridership growth among fully in the life of their community. other forms of transportation, includ- all modes of surface transportation, Further, we saw after September 11 ing roads. That does send a strong mes- growing almost 30 percent between 1993 how transit can be an important life- sage that transit is as important as our and 2001. line in other respects, as well. We had road network.’’ We also heard testimony about the very moving testimony during our The proposal brought forward by other benefits of transit. For example, hearings about the efforts made by Chairman SHELBY provides for growth the U.S. Chamber of Commerce testi- transit operators on that day to move in both the urban and rural formula fied that $1 billion of capital invest- tens of thousands of people quickly and program, with added emphasis placed ment in transit creates almost 50,000 safely out of our city centers. on the rural program. The committee jobs. Moreover, the economic develop- As a result of transit’s many bene- was sensitive to the needs of the rural ment benefits of transit are becoming fits, the demand for transit is con- areas of our country, and the rural pro- more and more apparent as new sys- tinuing to increase all across the Na- gram will see significant growth in tems come into service. For example, tion. States that for a long time had no order to help States with large rural we heard testimony from one of the interest in transit now have a very areas provide the services their resi- county commissioners in Dallas that keen interest in transit. I say to the dents need. over $1 billion had been invested in pri- Presiding Officer, the State of Nevada The bill also increases the Fixed vate development along Dallas’s exist- is developing major transit in the Las Guideway Modernization Program. ing and future light rail lines, raising Vegas area, for example, and it is made This funding is very important to help- nearby property values and supporting necessary by the population explosion ing cities with older rail systems, thousands of jobs. which has taken place in that State which in some cases were built almost We heard from a representative of over recent decades. Small towns, rural a century ago, make the investments BellSouth that his company decided to areas, suburban jurisdictions, large cit- needed to preserve those highly suc- relocate almost 10,000 employees from ies, all are struggling to keep up with cessful systems, which move millions scattered sites in suburban Atlanta to the need to provide safe and reliable of people every working day. three downtown buildings near the transit service for their citizens. The New Starts program, which helps MARTA rail stations because, as he The Department of Transportation communities make their first major in- put it, transit ‘‘saves employees time. has estimated that nationally commu- vestment in transit as well as expand

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S618 CONGRESSIONAL RECORD — SENATE February 5, 2004 existing systems, also grows under this vate sector providers—all the inter- 13(c) to ensure that the Department of bill. The New Starts program will ested parties concerned about the Labor’s decisions involving so-called allow communities to address their transportation infrastructure—have an ‘‘contractor to contractor rights’’ are growing needs with transit investment opportunity to participate in the trans- governed by the standards set forth in and gain the benefits of transit that portation plan approval process. Trans- the Department’s Las Vegas rulings, exist elsewhere in the country. portation investments are among the without otherwise affecting employee The bill makes a significant change most important decisions made at the rights under section 13(c). In addition, in the New Starts program by allowing local level. I firmly believe all inter- I note that the changes to section 13(c) New Starts funding to be used for the ested parties should have an oppor- are not intended to impact the level of first time to fund transit projects that tunity to contribute to this process. protections covering freight rail em- do not operate along a fixed guideway, Our transportation infrastructure is ployees existing on the date imme- as long as the project is seeking less central to making our economy, and diately preceding enactment of this than $75 million in Federal funds. indeed our society in a broader sense, act. There are a few projects of this type work day to day. That is why this is There are a number of other provi- currently operating the Nation, and I such a critical and important piece of sions in the legislation that modify hope to work with the Federal Transit legislation. previous aspects of the transit pro- Administration to ensure that the FTA I am pleased that the legislation in- grams, but for the most part the com- develops an appropriate quantitative cludes a new transit in parks program mittee’s intention was not to enact methodology for evaluating the costs to help national parks and other public major changes to a program that has and benefits of such projects, particu- lands find alternative transportation worked well. larly as they relate to land use and solutions to the traffic problems they For example, while the bill enhances economic development impacts. As we are now facing. This is a program the the role of private-sector transit pro- viders in several ways, it was not in- begin to experiment with different administration supports, and it has had tended to change the long-standing forms of transit service, we must be very strong bipartisan support in the congressional policy that decisions in- careful not to adversely impact FTA’s Senate. It is an effort to address the volving the choice between public and highly competitive and successful proc- problem, made manifest in certain of our Western national parks, of the private transit operators should be left ess for moving projects through the to local authorities who are better overcrowding that has come with in- New Starts program. equipped to make local transportation While the bill preserves the general creased visitation. You have people decisions, and the Federal Government structure of TEA–21, several new for- who wait in line all day long to get should remain neutral with respect to into Yosemite, for example. They get mulas are included to target transit such local decision-making. In addi- funds more directly to those states and to the entrance and they cannot get in, tion, while the definition of public cities with extraordinary transpor- because the park’s roads and parking transportation is modified slightly in tation needs. The bill includes a new lots are at capacity. It is a very serious the bill, the intent is to clarify, rather Growth and Density Formula: the problem. than change, the universe of modes and TEA–21 required the Department of growth portion will distribute funds to services encompassed by that defini- Transportation to conduct a study of all states based on their expected fu- tion. ture population, and the density por- alternative transportation needs in our And as I indicated earlier, some of tion will provide funding to those national parks and other public lands, the changes with respect to the for- states whose populations are above a and that study confirmed that the mula seek to be sensitive to ensuring certain density threshold. The bill also parks are ready and willing to develop that all parts of the country can par- includes an incentive tier to reward transit alternatives. This legislation ticipate in the transit programs. But small transit-intensive cities—those will help the parks make investments we have tried to essentially maintain cities with a population between 50,000 in traditional public transit, such as most of the previous arrangements and 200,000 which provide higher-than- shuttle buses or trolleys, or other which have worked so successfully. average amounts of transit service. types of public transportation appro- I conclude by saying that this The funds distributed under these new priate to the park setting, such as wa- amendment provides essential support formulas will help communities ad- terborne transportation or bicycle and to our local and State partners in their dress their unique transportation pedestrian facilities. efforts to combat congestion and pollu- needs. I also want to note that the bill tion and to ensure that their citizens So there is an effort in this legisla- makes a number of modifications to can access safe and reliable transit tion to recognize the various types of section 5333(b), known as section 13(c), services. That is why the bill is strong- transit needs across the Nation. Of the transit employee labor protections. ly supported by a number of associa- course, as you do any formula, no one These provisions were the result of ex- tions representing local officials, tran- gets as much as they would like to get, tended discussions between the transit sit providers, environmental groups, but you work within certain con- labor unions and members of the com- and others. straints. Given the framework within mittee who were concerned about the In a letter received by the committee which the committee had to work, I impact of 13(c) on the transit program. yesterday, the American Public Trans- think we have responded fairly and ra- I note that section 13(c) has been a part portation Association stated: tionally to the needs that have been of every transit bill since 1964, pro- We support your commitment to retain the expressed to us. We have a new growth viding crucial collective bargaining overall structure of the federal transit pro- and density formula in this legislation. and job right protections. It has served gram and the decision to increase federal in- We make some changes in the fixed to unify a broad coalition of transit in- vestment in transit infrastructure. This in- dustry and employee representatives to creased investment will not only improve guideway program to give a little more and modernize the nation’s transportation discretion for smaller projects. But, all form a unique partnership which has system, but it will also create and sustain in all, I think this is a balanced pack- worked together to expand the Federal millions of badly needed jobs. age. I commend it to my colleagues, transit program to what it is today: an Mr. President, I ask unanimous con- and of course I am happy to discuss unequivocal success. I want to mention sent that that letter, along with other with any of them any questions they one modification which addresses the letters of support, be printed in the may have. concerns of members regarding issues RECORD at the conclusion of my re- I want to highlight just a few more of arising when one private contractor re- marks. the bill’s provisions. The bill includes a places another private contractor The PRESIDING OFFICER. Without requirement that metropolitan plan- through competitive bidding. Such objection, it is so ordered. ning organizations develop a public rights were addressed in the Depart- (See exhibit 1.) participation plan to ensure that pub- ment of Labor’s Las Vegas decision Mr. SARBANES. Mr. President, I will lic transportation employees, affected dated September 21, 1994, as amplified close by saying, as these letters dem- community members, users of public by letter dated November 7, 1994. This onstrate, the legislation we are consid- transportation, freight shippers, pri- legislation includes language in section ering today is vitally important to

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S619 keep America moving forward in the ABOUT APTA tion, we stand ready to work with you on the 21st century. It is no exaggeration to APTA is a nonprofit international trade reauthorization of TEA–21. say this is essential legislation for the organization of more than 1,500 public and Sincerely, future strength and vitality of our private member organizations including JAMES A. GARNER, Mayor of Hempstead, President. economy and of our society. I very transit systems and commuter railroads; planning, design, construction and finance strongly urge my colleagues to support FEBRUARY 5, 2004. the legislation that has been brought firms, product and service providers; aca- demic institutions, state associations and Hon. RICHARD SHELBY, forward from the Banking Committee, departments of transportation. APTA mem- Chairman, Senate Committee on Banking, Hous- as I said, on a unanimous vote in a bers serve the public interest by providing ing and Urban Affairs, Dirksen Senate Of- markup yesterday morning. safe, efficient and economical transit serv- fice Building, Washington, DC. I yield the floor. ices and products. Over ninety percent of rid- Hon. PAUL S. SARBANES, Ranking Minority Member, Senate Committee EXHIBIT 1 ers using public transportation in the United States and Canada are served by APTA mem- on Banking, Housing and Urban Affairs, COMMUNITY TRANSPORTATION ber systems. Dirksen Senate Office Building, Wash- ASSOCIATION, ington, DC. February 5, 2004. SENATE BANKING COMMITTEE BILL DEAR CHAIRMAN SHELBY AND RANKING MI- Hon. RICHARD SHELBY, APTA applauds your leadership in crafting NORITY MEMBER SARBANES: On behalf of the Chairman, Senate Committee on Banking, Hous- this important legislation. We support your Surface Transportation Policy Project and ing and Urban Affairs, Dirksen Senate Of- commitment to retain the overall structure its many partner organizations, we are writ- fice Building, Washington, DC. of the federal transit program and the deci- ing to convey our support for the ‘‘Federal Hon. PAUL S. SARBANES, sion to increase federal investment in transit Public Transportation Act of 2004’’, legisla- Ranking Minority Member, Senate Committee infrastructure. This increased investment tion approved February 4 that provides for a on Banking, Housing and Urban Affairs, will not only improve and modernize the na- 6-year, $56.5 billion program commitment to Dirksen Senate Office Building, Wash- tion’s transportation system, but it will also public transportation as well as other crit- ical transportation policies under your Com- ington, DC. create and sustain millions of badly needed mittee’s jurisdiction. DEAR SENATORS SHELBY AND SARBANES: jobs. We’d like to take this opportunity on behalf We want to commend you and members of of our more than 7,000 members providing CONCLUSION the Committee for renewing the key pro- community and public transportation serv- Again, please accept APTA’s gratitude and gram elements of current law, ensuring that ices around the nation, as well as the mil- support for your efforts. We look forward to the recent successes in improving public lions of Americans who rely on these serv- working with you to enact legislation that transportation services under TEA–21 will ices every day, to commend you for your addresses the nation’s critical need to main- continue into this next renewal period. Our leadership in the creation of the Federal tain and improve our surface transportation support for this package, however, is condi- tioned upon resolving outstanding funding Public Transportation Act of 2004. infrastructure. If we can be of assistance in issues with the full Senate regarding funding This groundbreaking legislation builds the any way please have your staff contact me or guarantees and firewalled spending to ensure kind of 21st century transportation network Rob Healy of APTA’s Government Affairs that the critical feature of TEA–21 that our nation needs. We’re pleased that it rec- staff. ognizes the real character of public transpor- made expanded transit investment and im- Sincerely yours, proved services possible is part of the final tation and invests in transit for commu- WILLIAM W. MILLAR, nities of all sizes and locations. At long last, package. This must ensure that transit pro- President. viders, other agencies and the public can this bill begins to adequately address the count on the full $56.5 billion over the 6-year transportation needs of rural Americans and THE UNITED STATES renewal period. of senior citizens. CONFERENCE OF MAYORS, Specifically, we want to applaud your ef- Much of the success we’ve enjoyed in the February 5, 2004. forts to protect the core elements of the ex- past six years in community and public Hon. WILLIAM H. FRIST, isting program structure, ranging from con- transportation was based upon the innova- U.S. Senate, Dirksen Senate Office Building, tinuation of the Rail Modernization program tive guarantees and protections for transit Washington, DC. to the Jobs Access and Reverse Commute financing made by the federal government in Hon. THOMAS A. DASCHLE, program, while finding resources to support TEA–21. Continuing these guarantees in this U.S. Senate, Hart Senate Office Building, new policy efforts such as those envisioned important legislation is essential. Washington, DC. under the President’s New Freedom Initia- There’s an old proverb that says the jour- Hon. RICHARD C. SHELBY, tive and Transit in the Parks program. Fi- ney of a thousand miles begins with a single U.S. Senate, Hart Senate Office Building, nally, we also want to convey our support for step. This bill is a giant step toward building Washington, DC. the Committee’s affirmation of current law the foundation for America’s transportation Hon. PAUL S. SARBANES, protections for clean air conformity and future. U.S. Senate, Hart Senate Office Building, other clean air-related provisions as well as We’re grateful. Thank you on behalf of our Washington, DC. preserving other important current law poli- members, and on behalf of the American peo- cies governing NEPA and other project deliv- ple. DEAR SENATORS: In January the United States Conference of Mayors met in Wash- ery elements. It is our firm position that Sincerely, final provisions in the Senate bill must fully DALE J. MARSICO, ington, D.C. for our 72nd Winter Meeting to chart a new agenda for keeping America’s account for the need to consider fairly and CCTM, Executive Director. fully transportation alternatives that mini- metropolitan economies strong. The corner- mize or avoid adverse impacts and affirm lo- stone of that agenda is the reauthorization AMERICAN PUBLIC cally determined priorities. In this way, this of TEA–21 that invests in public transit. TRANSPORTATION ASSOCIATION, renewal legislation will ensure that State Washington DC, February 4, 2004. From that discussion we write to express and local investment decisions are more bal- Hon. PAUL S. SARBANES, our support for the Senate Banking Com- anced, offering more choices to the public Ranking Minority member, Senate Committee on mittee transit title funding level providing and making continuing gains in air quality Banking, Housing and Urban Affairs, Dirk- $56.5 billion over six years for the federal and other community health and environ- sen Senate Office Building, Washington, transit program with at least $47 billion of mental objectives. DC. the $56.5 billion for the transit program from We support your legislation with the afore- DEAR SENATOR SARBANES: On behalf of the the Mass Transit Account of the Highway mentioned condition and urge your col- 1,500 member organizations of the American Trust Fund. We also urge you to protect the leagues to support it fully during Senate ac- Public Transportation Association (APTA), I funding guarantees and firewall for the tran- tion on TEA–21 renewal. write to express our appreciation for your sit program in its entirety. Sincerely, outstanding efforts in marking up the Fed- Mayors know all too well the negative im- America Bikes, Association for Com- eral Public Transportation Act of 2004 today. pacts of increasing congestion on our cities muter Transportation, American Soci- We strongly support the bill and urge Sen- and recognize that anything less than $56.5 ety of Landscape Architects, Chicago ators to oppose any amendments that would billion for transit will continue America’s Bicycle Federation, Environmental and upset the carefully crafted compromise that dependence on the automobile and continue Energy Study Institute, Environ- the Banking Committee developed. In addi- the funding challenges for the rail mod- mental Defense, National Association tion, we understand that an amendment will ernization, new starts, and bus programs. of Railroad Passengers, National Parks be offered to guarantee funding for transit We applaud the Banking Committee’s work Conservation Association, National and highway investment authorized under on reauthorizing the transit title of TEA–21 Recreation and Park Association, Nat- the transportation bill (S. 1072) now under and look forward to providing further feed- ural Resources Defense Council, Sierra consideration on the Senate floor. We back on other issues in the bill once we are Club, Smart Growth America, Surface strongly support that amendment as well, able to review the entire proposal. With Transportation Policy Project, Union and urge the Senate to adopt it. strong backing from mayors across the na- of Concerned Scientist.

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S620 CONGRESSIONAL RECORD — SENATE February 5, 2004 The PRESIDING OFFICER. The Sen- important piece of legislation: $255 bil- been very difficult. It has taken many ator from Nevada. lion that has been supported by trust hours and committee hearings. We Mr. REID. While the ranking member fund moneys—all but $30 billion of it. have had people coming in from local and the chairman are in the Chamber, The other $30 billion has been ac- governments and State governments to I wish to express my appreciation—and counted for. get where we are today. I think that of the entire Senate—for In my opinion, the administration We would like to have gotten to this the bipartisan bill that is now going to has signed off on this. Any veto threat point back when the other authoriza- be part of this highway bill. These two they have issued has been related to tion ran out but were unable to do it. men—the senior Senator from Alabama what they are trying to do in the We made a commitment that we would and the senior Senator from Mary- House. So as hard as the chairman of be there, and we are capable of being land—are legislators. They are experi- the committee, Senator INHOFE, has there now when this expires on Feb- enced. They understand when there is a worked, he cannot do anything as long ruary 29. So there is going to be every time to be partisan and when there is a as he has people on his side trying to effort to get that done. time not to be partisan. They under- hold up this bill. I think there has to I know the Senator from Rhode Is- stand when it is important to move for- be a decision made on what we are land wants to be heard. It will be my ward for the good of this country. And going to do about this. We have spent intention to reclaim the floor at the that is what they did. a couple of days hoping the senior Sen- conclusion of his remarks. Without their leadership, we could ator from New Hampshire would go The PRESIDING OFFICER. The Sen- not be in our present position. We have away. I have had a lot of experience ator from Rhode Island is recognized. Mr. REED. Mr. President, I commend the highway portion of this bill that with him and he doesn’t go away very Chairman INHOFE for his great effort to has been laid down. We have a few of easily. our little technical things to do before I think we should recognize that we move the highway provisions forward. I very much would like to speak about they are joined together perfectly, but have an amendment that is popular the public transit issue. the transit portion of the bill—they are and it has been brought here previously Let me begin by commending Chair- both excellent pieces of legislation. and more than 50 people will support man SHELBY and Ranking Member The transit portion of the bill affects his amendment. Whether 60 people will SARBANES for their extraordinary ef- support it is another question. The all of our country. forts on a bipartisan basis to ensure As the Presiding Officer knows, the leadership should understand that this that we continue the success that we city of Las Vegas—and Reno to a lesser bill is not going anyplace until we dis- have enjoyed since TEA–21 with our extent—is very dependent on transit pose of this amendment. It is extra- public transit programs throughout the moneys now. I cannot say enough to neous, as the chairman will recognize. country. I also thank Senators express my personal appreciation and On this side, we believe in this bill and DASCHLE, JEFFORDS, SANTORUM, and that of the Senate for the work done by we thought, at least during this week, BAUCUS for their efforts to convince these two fine men. This is good legis- there should be no extraneous amend- the Finance Committee to provide us lation. I hope we can move forward on ments offered. with the adequate resources that were it quickly. We want to get the bill passed. This necessary to bring this transit bill to I wish to say, after having issued this is important to the people of this coun- the floor. compliment, with which I want the try. If we want to create jobs, this is The bill before us today is a strong RECORD to be spread, that I have the way to do it: pass the highway bill. step forward toward meeting our Na- worked with Senator INHOFE on this As many as 2 million jobs could be cre- tion’s significant transit needs. Over legislation for now more than a year, ated with this highway bill. So I hope the course of the last 2 years, I had the and Senator BOND, and, of course, my the majority realizes the predicament opportunity, first, to serve as chairman distinguished former chairman and they are in. We are willing to work of the Subcommittee on Housing and ranking member, Senator JEFFORDS. with them in any reasonable way to try Transportation of the Banking Com- The concern I see at this stage—we to move beyond where we are today. mittee, and then as ranking member to have been on this bill for some time Just giving speeches out here on the my colleague, Senator WAYNE ALLARD now, a matter of days—is that we have bill is not going to do the trick. If we of Colorado. Our joint tenure as chair not moved far. We started at the goal want to pass the bill, we are going to and ranking member, respectively, al- line, and we are at about the 5-yard have to, in effect, get rid of the Gregg lowed us to look deeply at the issues line. We have to get to the other goal amendment. I have to be careful how I confronting transit throughout the line, which is 95 yards away. say this. One of my friends told me United States. We had a number of There is an issue that has been something the other day. We were in a hearings and we were able to get a brought up by the distinguished senior huddle talking about the bill, and I broad-based spectrum of witnesses to Senator from the State of New Hamp- said: We are going to have to figure out talk about the successes and the chal- shire. I was talking to some of my a way to get rid of JUDD GREGG. lenges that face transit throughout the friends earlier today. We have very few He said: You better be careful saying United States. people in this legislative body who are stuff like that. In England, the history We heard from each region of the as experienced as the senior Senator is very clear that on the occasion when country—northern and southern, rural from New Hampshire—a House of Rep- the King said the Archbishop is causing and urban. Mass transit is not exclu- resentatives Member, Governor, now a me a lot of problems, a couple days sive to one region. In fact, what we are Senator—and he has brought forward later three people went out and assas- finding throughout the country, par- an amendment he believes in, and he is sinated the Archbishop. ticularly as metropolitan areas grow not going to leave until something hap- We certainly don’t mean to apply and transit needs increase and com- pens on this amendment. He may leave that to JUDD GREGG. We are talking muting increases, every community is physically, but he is going to be around about his amendment, not him person- looking for ways to incorporate transit here. We are going to have to dispose of ally. It is a problem with his amend- in their overall transportation plan— this amendment. ment. not simply to move people but also to It is obvious now that the majority Mr. INHOFE. Mr. President, first of meet environmental standards, which will not accept a voice vote. We do not all, I am sure we all appreciate that are increasingly difficult to achieve have enough votes to table the amend- clarification. I often wish the Senators without some type of transit system. ment, and I would not vote to table his who are not on the committee knew We heard from businesspeople, environ- amendment anyway. So we have, on the time, effort, the bridges we have mentalists, senior citizens, the dis- this amendment, a filibuster. That is crossed, the compromises we have abled, and those making the transition what it is. It is a filibuster by I don’t made, and the time we have spent. We from welfare to work. We heard from know how many members of the major- have some provisions that have noth- the administration and from academics ity, but at least one. ing to do with the formula or the issues who are experts in the field of transit. I think we should recognize that it is or the nongermane issues that the Sen- Now, while these witnesses did not holding up this bill. This bill is a very ator from New Hampshire has. It has agree about every detail, they shared

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S621 one central message: TEA–21 works. sume that transit is just business as Transit is an essential part of our The current Federal program for tran- usual. We all recognize the vital role Nation’s economy in every region of sit support works very well, but pre- that transit played in mitigating the the country. The investments in this serving that success is jeopardized by damages, both in New York City and in legislation will help to ease congestion one simple thing: resources. We have to Washington, DC. on our highways, reduce pollution, and reinforce success. If we do not provide The transit system in Washington, provide for a smoother functioning and the resources and continued commit- DC, was remarkable in terms of moving more efficient economy. I urge all of ment, we will lose that success; we will and evacuating the city. The transit my colleagues to support this impor- disadvantage communities throughout system in New York City was critical tant measure. this country. in literally saving thousands of lives as Once again, I commend Chairman Mr. President, I am very pleased alert and experienced transit operators SHELBY and Ranking Member SAR- today that the bill we have before us in were able to close stations, move peo- BANES for their great efforts, and also the Senate makes some changes to cur- ple out of stations, reroute trains, and Senator INHOFE and Senator JEFFORDS rent law, but it takes that central mes- save thousands of lives. We have to for their leadership on the highway sage to heart and provides increased re- learn from that example. We have to bill. sources to meet the demands of all of incorporate in this legislation—and I I yield the floor. our communities for more effective am proud to say we do—the responsi- The PRESIDING OFFICER. The Sen- public transportation. bility and also the flexibility so that ator from Vermont. When we passed TEA–21 years ago, local communities can use transit Mr. JEFFORDS. Mr. President, I transit funding doubled and ridership funds to prepare their workforce for thank the chairman and ranking mem- rose by 28 percent—faster than any these types of dangers. It is something ber of the Banking Committee not only other mode of transportation. Mass that is necessary and something, in- for their work on this important part of the legislation but also for their transit is increasing faster in terms of deed, I am proud to see. willingness to work with me to rec- its use by the American public than We held two hearings in the sub- oncile the environmental provisions any other form of transportation. An- committee with respect to transit safe- that are contained in this amendment other example is how this program is ty issues. In addition to that, Senator SARBANES and I commissioned a GAO with the provisions contained in S. being successfully greeted enthusiasti- study to look at the security needs for 1072. cally by people throughout this coun- transit systems. Those needs are sig- S. 1072 amends title 23 of the United try. It is my hope the bill before us, nificant. This bill at least attempts to States Code to provide for adjustments which would provide $56.5 billion for provide the resources to begin dealing in the transportation planning process. transit of all types, can help achieve seriously with those transit security The amendment the Banking Com- the same levels of return on our invest- needs. mittee has admirably drafted contains ment, and that we see a continued in- Indeed, I am glad recommendations similar provisions that amend title 49 crease in ridership and use. That has a by the GAO have been incorporated in of the code. positive effect in terms of moving peo- the bill before us. I am particularly I understand that for the sake of ple throughout metropolitan areas and pleased that urban grant recipients good policy—that is, minimal confu- rural areas to get to their jobs. It has will be able to use their Federal funds sion to the entities that must imple- a positive effect in terms of making to better train their personnel in secu- ment this law—the chairman and rank- the cost of transportation lower for rity needs, as well as conduct emer- ing member are willing to work with us most people. Also, as I mentioned, it gency response drills to prepare for a to craft provisions that are consistent has beneficial environmental effects. potential terrorist incident. Such with the two titles. I thank the Sen- This bill would increase our transit training is one of the single most im- ators for their help. formula programs by 56 percent, on av- portant things that transit agencies Mr. President, I am also very pleased erage, and no State sees a rate of in- can do to improve their passenger secu- that the bill the Environment and Pub- crease below 37 percent for its appor- rity. lic Works Committee reported contains tionment, and the vast majority of This is an important step forward to- a provision that will help fund commu- States are at or above the national av- ward improved transit security. But nity efforts to provide safe routes to erage. there are two other issues that Con- schools for schoolchildren who walk or The bill is not just an urban transit gress and the administration must ad- who ride their bikes to school. bill. Indeed, rural transit programs dress. This would include funding for over- would grow from $1 billion under TEA– First, the Department of Homeland passes, underpasses, red lights, or other 21 to almost $3 billion under this legis- Security must formally accept its re- ways to help reduce accidents and keep lation. sponsibility for protecting the millions schoolchildren safer. The committee also responded to the of Americans who ride our bus and rail The exact use of the funds would de- needs of States experiencing the high- systems every day. I hope to offer an pend on the needs of the local commu- est rates of population growth and amendment, when appropriate, to this nity. The funding is important because those States with high levels of popu- legislation to ensure the Department of many school districts have a policy of lation density by creating a new pro- Homeland Security does take these re- prohibiting bus service for children liv- gram to address the traffic congestion sponsibilities seriously. And second, ing within a mile or perhaps a half mile so commonly experienced in these improved transit security will require of the school. areas. more resources than we are able to pro- A National Academy of Sciences re- The bill also increases funding for vide within the context of this reau- port shows that, on average, almost the Elderly and Disabled Transit Pro- thorization bill. I hope I can count on 16,000 schoolage children per year are gram from $90 million in the current all of my colleagues to support in- injured or killed during normal school fiscal year to $187 million in fiscal year creased funding for the Department of travel hours. Let me repeat that num- 2005 and would continue to increase Homeland Security appropriations so ber. Almost 16,000 schoolchildren are this essential program to a total of $248 that it can use those funds to enhance injured or killed during normal school million in fiscal year 2009. the security of transit systems travel hours. Thus, I support strong This legislation will also provide sig- throughout this country. funding for safer routes to the schools. nificantly greater discretionary fund- One of the unfortunate aspects of the I know that in my home State of ing to improve our Nation’s bus fleets world in which we live is that our foes Vermont, especially in the dark winter and expand or construct new transit seek the weakest links when they mornings when it is icy, schoolchildren projects. choose to attack us. Unfortunately, we can be at risk while walking to school. One of the areas that was of great have not invested in transit security to When Vermont warms up, many concern to Senator ALLARD and I in the degree we have in aviation and port schoolchildren may choose to ride our deliberations was the impact of 9/11 security. It is, unfortunately, the bikes to school, and we should make it on our transit system. This legislation weakest link, and we have to improve as safe as possible for them to get safe- recognizes that after 9/11, we can’t as- it. ly to and from school.

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S622 CONGRESSIONAL RECORD — SENATE February 5, 2004 Often school districts do not provide ing up these issues. Everything he United States. Moving people in his bus service to children living near the mentioned was controversial. Fortu- State, as well as a lot of others, is very schools they attend. Yet research nately, we didn’t have to handle a lot important. There has to be lead time to shows that many children are injured of the problems with transit because plan. I believe this is a good bill, con- within a mile or so of their homes. that was done in another committee, sidering everything. We have put it to- The provision in our bill will provide and I certainly commend the chairman gether in a bipartisan way in the Bank- $70 million per year to help States and of the committee, as well as the rank- ing Committee where we, as well as the local communities reduce these serious ing member, as well as the sub- other committee, have authorization risks to schoolchildren. The committee committee ranking member and sub- for transit. I stand ready to work with report notes that the purpose of this committee chairman. I understand the the principals to move this bill as soon program is to enable and to encourage subcommittee chairman is going to as possible. children to walk and bicycle to school come on the floor and make some com- I yield the floor. and encourages a healthy and active ments. Mr. JEFFORDS. Mr. President, I rec- lifestyle by making walking and biking When the Senator talks about safe ognize my good friend from Maryland. to school safer or a more appealing routes to school, I think that is a good The PRESIDING OFFICER. The Sen- transportation alternative for those example of the weeks and months we ator from Maryland. living close to school. spent coming to an agreement. Frank- Mr. SARBANES. Mr. President, I I look forward to working with the ly, Senator JEFFORDS is the one driving concur with the remarks made by other body on this important initia- force to get up from $50 million to $75 Chairman SHELBY. I think they are tive. I know that safe routes to schools million. I felt that perhaps priorities right on point. I want to stress again to is important to my friend, Congress- could be in some other areas. my colleagues, as I understand it, the man OBERSTAR, and to a great many of In looking at this, I want to com- highway bill was brought out of the his colleagues. mend the Senator for the work he did Environment and Public Works Com- I thank Senators INHOFE and BOND because I think he is right. We prob- mittee with an overwhelming vote, al- for working with Senator REID and me ably spent several months just on the most unanimous but not quite. I think on this important issue. We worked out freight area. Everyone knows that was there were two exceptions, but other- a strong provision regarding safe not adequately addressed in TEA–21 wise all members of that committee on routes to school. and was not adequately addressed in both sides of the aisle were supportive Mr. President, I wish to briefly dis- ISTEA. I appreciate very much the of this legislation. cuss the freight provisions we have in- time the Senator has spent in these The transit part that is being offered cluded in this bill. We have crafted a very sensitive and controversial areas as a title or an amendment to the high- package that provides considerable where it was give and take, it was com- way bill came out of the Banking Com- flexibility to States and metropolitan promise. Many times we gave up some- mittee with a unanimous vote. I think planning organizations in addressing thing we believed in in order to accom- this reflects the fact that in both freight rail concerns. plish it and come up with a bill, a good venues, both forums, a major effort was We have made improvements to bill, which we have right now. made over a sustained period of time to intermodal freight transportation Mr. JEFFORDS. I thank my chair- address the problems Members con- projects eligible for the Surface Trans- man. I understand his dedication to fronted and to try to develop a for- portation Program and the National doing so much more as we go forward. mula, an allocation, and other provi- Highway System funding. We are accomplishing a lot today, and sions of the legislation that would be We will have each State designate a yet we still have to sit down and look responsive to their needs. freight coordinator to assist in inte- to the future as soon as we are done So I say to my colleagues, this is leg- grating freight concerns into statewide with the present. islation that has been very carefully planning and metropolitan planning. Mr. INHOFE. I thank the Senator. developed. It has been worked over and We have also included funding to im- The PRESIDING OFFICER. The Sen- over and I think it is a very good prod- prove the condition and performance of ator from Oklahoma. uct. I think it has struck a very good the National Highway System inter- Mr. INHOFE. I ask if the chairman of balance. I think it contains within it a modal connectors. These connectors the committee has any further com- vision for the country. are those last mile connections to ments to make concerning this par- There is a clamor across the country ports and other freight-related facili- ticular part of the bill, the transit por- for this legislation on the part of the ties that experience a high volume of tion. public and on the part of all of the traffic and have not received the proper The PRESIDING OFFICER. The Sen- stakeholders who deal with these amount of attention in the past. ator from Alabama. issues. State governments, local gov- These freight rail provisions make Mr. SHELBY. Mr. President, I hope ernments, the various highway and our bill very responsive to the needs of we can get together in the hours to transit groups, business interests, the freight community. come and try to put a package to- labor interests, are all strongly sup- These are important sections of the gether, perhaps, and move this bill. portive of this legislation. bill. I wish to emphasize the need for This is an important bill in America The reason they are so strongly sup- transit improvement. As we travel for highways and transit. It affects ev- portive is because they recognize this around this Nation, from California to erybody in America. It affects every legislation is critical to moving the New York—wherever we go—we have to Congressman’s district, every Senator, Nation ahead. It is essential for the develop better ways for our transit sys- and I think it is too important to ig- economy. It is essential for enhancing tems to be more effective. Looking nore in any way. the quality of life. People are spending worldwide, we have seen incredible im- I commend the senior Senator from hours trying to get to and from work provements in some countries that are Oklahoma, the chairman of the com- and we need to help address that issue. very populous with the utilization of mittee, for the work he has done. He Seniors, young people, and the disabled new transit systems and new modes of has been pushing this highway bill—I need these various forms of transpor- transportation, such as maglev and know because he has been pushing tation in order to live their lives. I other evolving systems. This is very me—for months and months. I do not strongly commend this legislation to important, and it is going to be more know how many hours of work he and my colleagues. A great deal of work important as we continue to go forward his staff have put in, along with Sen- has gone into it by many Members of and continue to increase the number of ator JEFFORDS, Senator BOND, and oth- this body. I think it is very important automobiles on our highways. ers. This is just too important. It af- that we move this legislation forward Mr. President, I yield the floor. fects so many Americans. It covers ev- and over the next few days to come, I Mr. INHOFE. Before the Senator erything dealing with our infrastruc- hope we will be able to accomplish that yields the floor, will he yield for a ture, and it will be good for the econ- and put into place this extremely im- question? omy. portant legislation. First, I appreciate the fact the rank- The Presiding Officer comes from one Actually, in one of the statements of ing member of the committee is bring- of the fastest growing States in the the majority leader he indicated he

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S623 thought this might well be the most I don’t know if the bill before us is The PRESIDING OFFICER. Is there important legislation to be considered going to be held out as a model for objection? by this body in this session of the Con- crafting legislation, but my hope is the Without objection, it is so ordered. gress. I do not think that is an over- product is going to be a good one for us Mr. CARPER. At a day and age in statement and I again commend this and for our country. which some 16 percent of our freight in legislation to my colleagues. I thank I would like to speak for a few min- this country is shipped by rail, all told Chairman SHELBY for the very produc- utes about the transit provisions of over 40 percent of our total ton miles of tive, positive, and cooperative way in this bill and then to talk a bit about intercity freight go by rail, we have which he worked on this legislation our support as a nation for rail trans- not yet seen fit to say the Federal Gov- and I join with him in commending portation and whether or not we have ernment should have some interest, Chairman INHOFE and Ranking Member provided the right support and sense of more than just a passing interest, in JEFFORDS for the very fine work that priority for rail, be it freight rail or helping to support, to nurture the rail was done in the Environment and Pub- passenger rail. component of our transportation sys- lic Works Committee and Chairman Let’s go back to the 1970s when some- tem. GRASSLEY and Ranking Member BAU- thing called the Urban Mass Transit Later, probably not this week but I CUS for their efforts in the Finance Administration was created. We talk suspect next week, we will have the op- Committee that, in effect, developed a about legislation. We didn’t have portunity to consider that question: full package that will make this legis- ISTEA; we didn’t have TEA–21; we had What kind of attention, what kind of lation work. a highway bill. Every several years the support should we in the Congress and I yield the floor. Congress would pass a highway bill. in this country be providing for freight The PRESIDING OFFICER. The Sen- Even after the Urban Mass Transit Ad- rail service? What kind of support ator from Oklahoma. ministration was created, we would should we be providing in this country Mr. INHOFE. I appreciate the com- pass in the Congress from time to time for passenger rail service? ments the Senator made. I know it is a a highway bill. Amtrak has just concluded a year very difficult area to deal in, but I In due course, the Urban Mass Tran- where they had the highest ridership in think it is also interesting. When we sit Administration became the Federal the history of the company. More than look at the chairman, the ranking Transit Administration. Somewhere I 24 million people rode intercity pas- member, and then the chairman of the believe in the 1980s, the Federal Tran- senger trains, and they had the highest subcommittee and the ranking member sit Administration funding was joined revenue, I believe, for any year in their with the highway bill to become a of the subcommittee, there is Alabama, history as well. Maryland, Colorado, Rhode Island. transportation bill and we began tak- We spend a whole lot of time from There is a huge diversity. Most people ing money. Today I think it is a little year to year in this body talking about think that geographically only certain less than 3 cents for every gallon of passenger rail service and Amtrak. We gasoline that is sold that will be allo- parts of the country have an interest in really don’t focus much on freight rail. cated to the Federal Transit Adminis- transit. It is not true at all because I would have us keep in mind, in a day tration to support mass transit serv- there is equal enthusiasm. I am quite and age where we are using some 55 ices, including buses, including rail and sure, knowing all four personalities percent of the oil we use to run our and the areas they represent, they a variety of other transit services. With respect to the transit provisions cars, trucks, and vans, 55 percent of it spent a long time putting this to- comes from foreign sources. gether, coming up with the successes of this bill, I think they represent our growing awareness that while roads You can take 1 ton of freight, put it they did achieve. on a train here in Washington, DC, and I would like to go back and review a and bridges and highways are impor- take it up to Boston, MA, and you use couple of subjects we have talked tant and we still love our cars in this 1 gallon of diesel fuel. Let me say that about, but, first, I understand that per- country—cars, trucks, and vans—more again. You take 1 ton of freight, put it haps Senator CARPER was wanting to and more people are using transit. It is on a freight train here in Washington, seek recognition. a good thing they are. With the kind of Mr. CARPER. Mr. Chairman, when it congestion we have on our highways, DC, take it up the Northeast corridor is appropriate, I will welcome the op- with the kind of dependence on foreign to Boston, MA, and that train will use portunity to speak for maybe 5 to 10 oil and the kind of problems with air 1 gallon of diesel fuel to move a ton of minutes on the bill. pollution, it certainly makes sense to freight by rail. Mr. INHOFE. The Senator may have have people get out of the cars, trucks, As Governor of Delaware, I was in- longer than that if he wishes, and then and vans to use transit to go to work volved a whole lot in trying to improve I would want to reclaim the floor at or go shop or go to a ball game or any our highways, our roads, our bridges. the conclusion. variety of other purposes. There has been a lot of State money The PRESIDING OFFICER (Mr. TAL- I would like us to think of our trans- and, frankly, a good deal of Federal ENT). The Senator from Oklahoma portation system in this country holis- money. We are always grateful for that yields the floor. The Senator from tically for just a moment. It includes partnership. We invest a considerable Delaware. our highways, our roads, our bridges. It amount of money in transit services. Mr. CARPER. Mr. President, I join also includes transit. Last year we We invest State money in airports my colleague, Senator SARBANES, in spent a fair amount of time reauthor- along with Federal money. voicing my thanks for the work that izing the Federal Aviation Administra- We also invested State money in rail has been done on the legislation before tion. In doing so, a variety of related transportation projects. We did not us today, and certainly to Senator programs, including the airport im- have as a partner in those rail trans- INHOFE and his staff and Senator JEF- provement program, were reauthorized. portation projects the Federal Govern- FORDS and his staff. You may recall we fund aviation im- ment. However, if it were a highway As a member of the Senate Banking provements, and particularly airport project, for every 20 cents we put up, Committee, it has really been a pleas- improvements, from a variety of user the Federal Government would put up ure for me these last 12 months to fees and some general fund moneys. 80 cents to match. If we had the oppor- work with our new chairman—well, not Last year we focused on aviation and tunity to choose between projects so new chairman—Senator SHELBY and how to improve our aviation compo- where we were getting an 80–20 match, our ranking member, former chairman, nent of our transportation system. an 80-cent match for our 20 cents on a Senator SARBANES, as we have at- This week we are focusing on highways highway project, and we had the option tempted to craft any number of pieces and roads. Today we are focusing a bit of putting our money and no Federal of legislation. Last year, the Fair Cred- on transit. money in a rail project, the funding it Reporting Act, which I described Mr. KENNEDY. Will the Senator formula just automatically skewed our yesterday, with Senator SHELBY, was yield for a consent request? I ask unan- decisionmaking. just a model in the way we should be imous consent to be able to proceed We may have had a rail project that creating legislation in a badly divided after the Senator from Delaware fin- made a whole lot more sense for our Congress these days. ishes. State, got a whole lot better bang for

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S624 CONGRESSIONAL RECORD — SENATE February 5, 2004 the buck than the highway project, but issues. We are wrestling and wrangling process, they have been resolute in we were inclined and encouraged to use before the committee on what is the their defense of mass transit and the the money for the highway project be- right approach. We have seen improve- result is the proposal that benefits cit- cause of a far better return, 80 to 20 ments in certain aspects of air quality. ies across this country. Simply put, versus nothing for our 100 cents. In the Northeast, we still have huge mass transit, subways, commuter rail, What I think some of us will be real- problems with respect to smog and ni- and rapid transit is the lifeblood of ly asked to think about next week is trogen oxide; great problems with re- metropolitan economies. We cannot ex- whether it makes sense to say the Fed- spect to mercury. I believe others here pect our cities to remain the enormous eral Government should be at least a will agree to disagree that global economic engines they are today unless modest partner in encouraging the uti- warming is a growing concern. But in we make the critical investments. lization of freight rail—greater utiliza- that kind of environment, the notion The U.S. Conference of Mayors re- tion of freight rail. Today, the role is that we as a nation should be inter- cently released a study that shows U.S. almost zero. ested in fostering and encouraging a metropolitan areas have accounted for I believe we can do better than that. greater dependence on rail—freight and 87 percent of the Nation’s economic There are a whole lot of different ap- passenger—to move people and to move growth and have generated over 85 per- proaches, different ideas and thoughts goods is I think the right notion. cent of the economic output, labor, in- about creating an entity that would I want to close by going back to come, and jobs over the past 10 years. issue bonds. The interest on those where I started. Eighty-seven percent of the Nation’s bonds would be paid for by the Federal Again, we worked a whole lot last economic growth was from the cities. Government through tax credits. The year on aviation. This week we are When we consider statistics like entity issuing those bonds would be es- working on highways, roads, and these, I think my colleagues will agree sentially paid. There has been discus- bridges, and that certainly is appro- this Senate should invest in transpor- sion of adding an extra penny or so to priate. During today’s debate, hope- the Federal gas tax and using those tation resources in a manner that ben- fully we will introduce transit into the efits America’s metropolitan areas. funds to support rail in some context. fray. That is another important compo- I know when I served on the impact I am particularly happy to report nent of our transportation system that board—and former Governor Tommy that the package crafted by Senators should get special attention. I don’t Thompson preceded me—he and I both SHELBY and SARBANES does just that, know how long I am going to be in the suggested an extra half cent or so to and all of us in the Senate are truly in Senate. I hope I will be here for a the gas tax to provide additional their debt. while. But I am going to keep remind- money for capital investments for in- On another matter, I strongly sup- ing my colleagues that rail deserves a frastructure. We thought that made port the Public Safety Employer and place at the table. If we provide that sense. Employee Cooperation Act amend- We may be asking our colleagues place, without even providing a huge ment. I commend my colleague of the next week to look at an approach that amount of money, I think we are going HELP Committee, Chairman JUDD suggests maybe a source of funding to find our country and our respective GREGG, for sponsoring the Public Safe- through a gasoline tax. I don’t think States are well served by that atten- ty Employer and Employee Coopera- creating an entity to issue new debt is tion. tion Act, and for offering it as an the answer, at least not now—but to I thank the Senator very much for amendment on this bill. I am a cospon- look for some source of funding that yielding the time. sor on this bill which was reported out would provide some money for the next The PRESIDING OFFICER (Mr. BUN- of the committee last fall. We are 6 years to States that have identified NING). Under the previous order, the joined by 25 other sponsors of the Sen- good rail projects, freight rail, or even Senator from Massachusetts is recog- ate, including a number of our Repub- passenger rail, which makes sense for nized. lican colleagues. Mr. INHOFE. Mr. President, will the those States; if they are willing to put Our public safety workers play a tre- Senator yield? up their money in order to match mon- mendous role in protecting our commu- Mr. KENNEDY. I am happy to yield eys from a Federal grant through the nities and families. I remember the ex- U.S. Department of Transportation, I without losing the right to the floor. Mr. INHOFE. I yielded to the Senator traordinary courage we saw among think that is an idea that may not those rescue workers, among those have had a lot of merit several years from Delaware at his request, and I asked that I get the floor when he fin- firefighters, and among those police of- ago. ficers on September 11 in 2001. They en- But, when you travel the highways ished. I want to explain to the Senator why I wanted to get the floor back. We tered those burning buildings, risking around here or Delaware or Vermont or their lives, and after the buildings fell, Maryland, I suspect even some places are on the transit section. The chair- man of the subcommittee, Senator they raised an American flag amid the in Oklahoma, Missouri, Massachusetts, ruins. That image captures perfectly we see congestion on our roads the ALLARD, has been waiting to be heard on that. I only inquire about how long what these brave men and women do. likes of which we have not seen in our They not only protect homes and our lifetimes. When you travel to airports, the Senator will be until we regain the floor. lives, they represent the very best that whether it is in Philadelphia, or BWI, is in us. The courage and the sacrifice or other places around the country, the Mr. KENNEDY. It is a relevant point. If the Senator is here and wants to of ordinary working Americans is our kind of congestion we see is congestion Nation’s greatest strength. I have never seen in my lifetime, and make a brief statement on it, I would We were prepared to call on these the kinds of delays we are facing I have be glad to yield now if I have the right men and women on 9/11, and they an- never seen in my lifetime. to follow. When I got out of the Navy in 1973 Mr. INHOFE. How much time does swered the call. It is time to honor and got off active duty and moved from the Senator think he will require? them—to honor their service and their California to Delaware, about 30 per- Mr. KENNEDY. Probably 20 minutes. sacrifice—by giving them collective cent of the oil used in Delaware back Mr. INHOFE. I thank the Senator. bargaining rights. then in this country that year was oil Mr. KENNEDY. If he is here on the For more than 60 years, collective we got from overseas. relevant part, I would be glad to wait. bargaining has enabled labor and man- When we can move a ton of freight That is an enormously important sec- agement to work together to improve from Washington, DC to Boston on a tor of it. I intend to speak very briefly job conditions and to increase produc- freight train and use one gallon of die- about it, but I don’t intend to be longer tivity. These productive relationships sel, that certainly says to me there are than that. also help workers to obtain better some lessons for fuel economy in this Mr. INHOFE. I thank the Senator. wages, better health benefits and pen- day and age that we ought to pay at- Mr. KENNEDY. Mr. President, I sion benefits. tention to. thank Chairman SHELBY and Senator Collective bargaining in the public Senator JEFFORDS has provided great SARBANES for their bold transit pro- sector, once controversial, is now wide- leadership with respect to clean air posal that is before us. Throughout this ly accepted. It has been common at

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S625 least since 1962 when President Ken- er access to body armor and upgraded the legality, propriety, and accuracy of nedy signed an executive order grant- weapons. Over a year before September this unprecedented and improper use of ing these basic rights to Federal em- 11, 2001, our officers were already aware taxpayers’ money. The Washington ployees. Indeed, over 30 States already of the need for increased security in Post describes the ads the Bush admin- recognize bargaining rights for these the Capitol buildings, something we istration is running as designed to employees. Unfortunately, public safe- are reminded of every day, particularly build public support for the new Medi- ty employees in many States still lack this week. care prescription drug law, seeking to the right to bargain collectively. They Collective bargaining is also more counteract Democratic criticism that lack a voice on the job. By giving them cost effective. A study by the Inter- changes to the program will harm older this voice, we will not only help these national Association of Firefighters Americans. brave workers, but we will also in- shows some States and municipalities The $12.6 million of Medicare money crease the safety and effectiveness of that have given firefighters the right the Bush administration will spend on our public services. to discuss workplace issues have lower these ads is on top of the $10 million This amendment guarantees the fun- fire department budgets than States they plan to spend on a deceptive mail- damental rights necessary for collec- without such laws. ing to all 40 million Medicare bene- tive bargaining—the right to form and Not only would collective bargaining ficiaries touting the new law. There is join a union, the right to bargain over benefit the public, it would help these no purpose for these advertisements ex- working conditions, and the right to le- employees who do so much to protect cept to convince senior citizens the gally enforceable contracts. us. Every year more than 15,000 police Medicare bill is good for them. They The benefits of this legislation are officers and 75,000 firefighters are in- are nothing more than propaganda for clear and compelling. First, this jured on the job. On average, 160 police the Bush reelection campaign, using amendment will improve public safety. officers and nearly 100 firefighters die $23 million of senior citizens’ own Our firefighters and police officers are in the line of duty each year. This Medicare money. better equipped than anyone else to amendment gives these workers the op- The merits of the new law are a le- know how to improve our public safety. portunity to discuss the on-the-job gitimate subject for political debate. As the former president of the Fra- safety concerns with the management. Democrats intend to keep talking ternal Order of Police testified at a It would also give workers a chance to about this issue all the way to Novem- congressional hearing in 2000: ‘‘Public improve their wages and benefits. ber. We will be fighting to rewrite this safety service is delivered by rank-and- Public safety employees without col- deeply flawed and destructive bill. file officers. Therefore, it is their ob- lective bargaining rights are often paid President Bush will be claiming credit servations and experience which will less than their representative counter- for it, defending it, as he did in the best refine the delivery of service. To parts. In some of these States, it is not State of the Union Message. He is enti- exclude them from having any input unheard of for firefighters to earn less tled to do that. But he is not entitled relating to their job, particularly when than $18,400, the Federal poverty level to use senior citizens’ own money, the their lives are on the line, is not only for a family of four. Many of these taxpayers’ own money, to sell this bill unfair to the officers, but the public workers have to pay for their own like a car or a cake of soap so the they are sworn to protect.’’ health insurance. This costs thousands President can improve his fading Unfortunately, many public safety of dollars a year they cannot afford. chances of reelection. officers do not have this right today. Some of my colleagues have pre- For those who have not seen the ad- They risk their jobs when they speak viously expressed concern that this leg- vertisement, it features actors pre- out about working conditions that are islation affects States rights and public tending to be Medicare beneficiaries. a danger to themselves and the public. safety. This amendment would preserve Every question the actors ask is an- Take, for example, the firefighters in States rights. Each State would main- swered with a variant of a simple- Springdale, Arkansas, who testified to tain and administer its own collective minded slogan which is shown through- the city council about the need for bet- bargaining law. States would have the out the advertisement: Same Medicare, ter equipment in staffing. He was fired ability to decide how they want to pro- more benefits. for insubordination. Or the firefighters vide the collective bargaining rights. The advertising campaign is man- in Odessa, Texas, who set up a Web site Indeed, the majority of the States al- aged—listen to this—the advertising and newsletter publicizing the fire de- ready meet the amendment’s criteria. campaign is managed by the same firm partment’s failure to provide them pro- This amendment also recognizes the that works for the Bush reelection tective masks in the case of a chemical importance of community security. I campaign and for the drug industry. If attack and were interrogated and dis- strongly believe our police officers and there is anyone who thinks the sole ciplined for their actions. firefighters will always act to protect purpose of these ads is not to promote There are too many examples like the safety of the public first. However, President Bush’s reelection, they must this of public safety workers who see in order to ensure there is no possible come from another planet, maybe inadequate staffing and equipment, risk to this, this amendment expressly Mars. placing themselves and the public at prohibits the right to strike. My col- There is a lot the ads and mailings do risk, who do not have the right to bar- leagues should, therefore, have no con- not tell the senior citizens because the gain to change the problems in a con- cern that this would in any way com- Bush administration understandably tract. Our public safety employees promise the safety of our cities and our does not want them to know the facts know best what is needed to keep us neighborhoods. of the new law. Its bland assurance safe. Under this amendment they The Federal Government recognized that the elderly can keep their Medi- would have the right to negotiate these the right to collective bargaining more care does not tell them the administra- workplace conditions with cities and than 60 years ago. Public safety work- tion’s own estimates project over $50 towns they serve. This will lead to ers are one of the largest sectors of the billion in excess payments to Medicare greater cooperation, improved labor- workplace who do not yet have that HMOs in order to prevent Medicare management relations, and better serv- basic right. Our Nation’s police offi- from competing on a level playing field ice. cers, firefighters, and emergency res- and ultimately privatizing the whole One example of this success can be cue workers have earned that right. I program. found right here with the Capitol Po- urge my colleagues to give them that It does not tell them up to 6 million lice. When the Capitol Police were right by supporting this amendment. senior citizens will be forced into a granted collective bargaining rights, MEDICARE vast demonstration program that will their contract provided for a joint Mr. President, on another matter, require them to pay higher premiums if labor-management relations com- the administration is robbing the Medi- they want to keep their Medicare. mittee to review police practices, care Program to finance the Bush re- It does not tell them if the insurance equipment, and officers’ safety. As a election campaign. That is wrong. company offering the drug benefit in result of these discussions, the United Today, we call on the Comptroller Gen- their area charges a premium that is States Capitol Police were given great- eral of the United States to investigate too high or does not cover the drugs

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S626 CONGRESSIONAL RECORD — SENATE February 5, 2004 doctors prescribe, the only way they tion-adjusted) growth in wages and salary in- ployment benefits without finding a can get the drug benefit is to leave reg- come that is the economic lifeblood of most job from 1973 to 2003. For 30 years it has ular Medicare and join an HMO or American families. averaged 151,000. In January of this other private insurance plan. It does In the 25 months since the recession ended, year, 375,000. Our Republican friends total wage and salary income is up only not tell them that. 0.4%. It should be emphasized that this is refuse—absolutely refuse—to permit There is a lot more this ad leaves growth after the recession ended and does the continued help and assistance out. It does not tell senior citizens the not include income losses incurred while the which those workers have paid into the bill has provided over $100 billion in economy was contracting. This is the slow- unemployment compensation fund, windfall profits for the pharmaceutical est wage and salary growth of any recession which today is $17 billion in surplus. companies and that the Government is since 1959, the first year in which monthly The House of Representatives has ac- prohibited from negotiating better data on total wage and salary income is con- cepted it. Thirty-nine Republicans prices for senior citizens. sistently available. went along with it. I wait, as many of Wage and salary income after the previous It does not tell them almost 3 million our colleagues, for the amendment that five recessions was an average of 9.4% higher will be offered by our friend and col- senior citizens will lose good retire- by this point in the recovery. Prior to this ment coverage and be forced into the recovery, the worst post-recession spell for league, a leader on this issue, Senator inadequate Government program. wage and salary growth was the last jobless CANTWELL, who will offer that amend- It does not tell them if they are poor recovery of the early 1990s, which still saw ment; and it will give an opportunity and on Medicaid they will have to pay wage and salary income rising nine times for the Senate to address this issue. more for drugs they need and have less faster (3.6%) than in the past 25 months. The But I also point out—I see my leader access to the drugs their doctor pre- current slow growth of wages and salaries in the Chamber—the Economic Policy means that many U.S. workers are not reap- Institute, on February 4, issued a pres- scribes. ing the benefits of the recent GDP growth. It does not tell them if they wait a entation of which I cite a chart enti- Mr. KENNEDY. This is the first time year or two and see how the program tled ‘‘Real growth in wages and sala- in over 50 years that long-term jobless- turns out before they join it, they have ries, 25 months since recession’s end.’’ ness has reached such high rates. Mr. to pay higher premiums. In fact, it They go back to 1961, 1970, 1975, 1982, President, 22.3 percent of the unem- does not even tell them they will have 1991, and 2001. In the 25 months since ployed have been out of work for more the recession ended, wages and salaries to pay a premium. than 6 months. Without workers being have only grown 0.4 percent. It is the It does not tell them they are prohib- offered any Federal job benefits, every lowest in the history of any economic ited from using their own money to week 90,000 workers are running out of recovery that has ever been recorded. buy supplemental coverage to fill in unemployment benefits. Mr. REID. Will the Senator yield for the gaps in the inadequate Medicare In the Senate, we have tried more a question? benefit. than a dozen times to extend the unem- Mr. KENNEDY. I am glad to yield. It does not tell senior citizens the ployment benefits to ensure that those Mr. REID. I had to step off the floor, Bush administration misrepresented to workers can continue to support their but I did come back and heard part of their own party and to the American families while they look for a job. More the Senator’s statement regarding people the costs of the bill. than a dozen times our Republican col- Medicare. The more senior citizens learn about leagues have said no. It is true, is it not, that the tax- this program, the angrier they become. The White House has been silent on payers of this country are paying for I predict when they learn this mis- the issue claiming ‘‘mission accom- political advertisements to talk about leading ad, designed to help the Presi- plished’’ on the economy while mil- how good the bad Medicare package is? dent’s reelection campaign, is paid for lions of Americans remain out of work. Is that true? by their own Medicare money, they are Mr. KENNEDY. Well, the Senator is The Bush economy continues to create going to be even angrier. absolutely correct. A total of $23 mil- only one job for every three people out UNEMPLOYMENT lion will be money that is paid in for of work. our seniors. It is taking that money Finally, I bring to the attention of But yesterday we finally had some that was to be used for the protection the Senate an excellent report, the good news. Our colleagues in the House of our seniors, and it says $12 million— Economic Policy Institute report that recognized the unemployment crisis $6 million will be spent on the tele- talks about the wage and salary in- and voted, 227 to 179—including 39 Re- vision. That is on top of the $10 million come for workers in this country. It is publicans—to reinstate the Federal un- that will be done for a mailing to all 40 an ominous report and is something all employment benefits for 6 months. million Medicare beneficiaries. The ad Members who have been traveling Workers have paid into the unemploy- house that is handling this is in charge around our States certainly have found ment insurance trust fund. The trust of the Bush administration’s reelection out in talking to any of the workers. fund is now $17 billion. The extension campaign. I ask unanimous consent to have the would cost $6 billion to $7 billion. This Mr. REID. May I ask another ques- document printed. is a matter of fairness. tion. There being no objection, the mate- In December, only 1,000 new jobs were rial was ordered to be printed in the Mr. KENNEDY. Please. created. Tomorrow we will find out Mr. REID. So the Senator is saying, RECORD, as follows: how many jobs were created in Janu- not only are taxpayers’ dollars being [From the Economic Policy Institute ary. I hope it is good news. But I can Economic Snapshots, Feb. 4, 2004] spent to promote a bad Medicare pro- assure you right now, it will not be gram, but that the advertising is being WAGE AND SALARY INCOME YET TO SHARE IN enough to restore the 2.4 million jobs done by the President’s own reelection GROWTH lost under President Bush or enough to media team? The Department of Commerce’s advance ensure that every worker who wants a Mr. KENNEDY. The Senator is abso- release on gross domestic product (GDP) es- job can have one. lutely right. I know the Senator is in timated that the U.S. economy grew 4% in That is why we need to reinstate the the last quarter of 2003. This is a solid disbelief of the gall the administration growth number, although well off the ex- unemployment benefits. Americans are would have to take $23 million out of traordinarily high (and unsustainable) 8.2% suffering. They are struggling to pay Medicare to use it with their own ad rate of the third quarter. However, the rise their mortgages and keep food on their agency for mailings to 40 million sen- in GDP has not yet translated into higher families’ tables. iors and to use on the airwaves in sup- wages and salaries for many U.S. workers. If the House of Representatives can port of a bill and in misrepresenting Despite solid GDP growth in the second accept this, in a bipartisan way, with the bill itself. half of 2003, many Americans continue to 39 Republicans, you would think we I took a moment of time to show how rate addressing the economy and jobs as the would be able to accept it and not have nation’s highest priority. One possible rea- the ad itself is so misrepresentative of son for this continued anxiety in the face of it continually blocked. what is in the bill. But the Senator is rising GDP is shown in the figure below: the I will just show a chart. This chart correct. current recovery remains the single worst on shows the average number of out-of- Mr. REID. Will the Senator yield for record in terms of generating the real (infla- work Americans running out of unem- one other question?

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S627 Mr. KENNEDY. Yes. which to get an agreement. At the the legislation will allow those Mr. REID. Is it also true that in the same time we did that, we wanted to projects which are immediately ready mailings and the television they do not make sure we were not negatively im- to be completed. I know the Senator bother to tell what is going to happen pacting donee States. We hear people from Oregon has been very concerned after the election that takes place in come down and complain about the for- about how quickly we can get in there November with Medicare? Because I be- mula approach, their State perhaps is and get some of these jobs going. That lieve—and think the Senator from Mas- not getting what they should be get- is why that provision is in there, so sachusetts believes—most of the bad ting. Then we hear later on a donee you can move immediately to those stuff happening in this bill comes after State will come down. We have to rec- projects that have been approved with- the election. Is that true? ognize, if we don’t have floors and ceil- out going through a long and arduous Mr. KENNEDY. The Senator is quite ings and we take care of all the needs process. correct, although he is not entirely of the donor States, it is going to affect That is the major concern the Amer- correct. The bonuses that are going to the others. ican people have with our not getting the HMOs—some $12 billion now will go For the fast growing States, that is a something done. There is a lag behind to the HMOs to treat any person who consideration in the formula. We have highway construction and getting the would qualify for Medicare. They will never done this before. For those job done, we all know that. get a 25-percent bonus over Medicare States that are growing very fast, we When you talk about deficient with direct subsidies, which is not a had to put in a ceiling, so we bumped bridges, of all 50 States, my State is level playing field, of which we hear so the ceiling; otherwise, there wouldn’t No. 1. People are very sensitive to that. much from the other side, but direct be anything for the other States. But they also recognize that even when subsidies. Those subsidies start in We have to keep in mind that the we pass this, it is going to take a while March of this year. three largest, fast growing States are to get this done. So you are right, the benefits are consuming in this bill 26 percent of the What they are aware of is, you pass way down the road. The benefits that growth. Consequently, as people have this and immediately it is going to will affect the poorest of the poor are come to the floor, if you try to look at have a very positive impact on the job going to be after 2006. But the payoffs, that and say, yes, we are sensitive to market. In calculating job opportuni- the bonuses to the HMOs of $12 billion this, we must do something about the ties, it is about quadruple the number will start in March. In fact, the Admin- fast growing State, and yet at the same of jobs that would be corrected with istration’s own internal estimates, time you have one of the States such this legislation. The reason is this: If a that were kept secret from the Amer- as New York or Pennsylvania that guy has a job, he is out building a road; ican people, and have just been re- would be negatively impacted by the he is also buying goods and services. leased, indicate that the payoffs will be same thing. So this was a compromise The manufacturing jobs are improving. more than $50 billion. all the way through. We are talking about a huge issue. So I thank the Senator. Streamlining is something we tried There is nothing we can do that would Mr. President, I yield the floor. to address. I was actively involved in more quickly take care of this prob- The PRESIDING OFFICER. The Sen- the other body during the development lem. ator from Oklahoma. of ISTEA in 1991 and then again in The old bills had what was called a Mr. INHOFE. Mr. President, I appre- TEA–21 in 1998 on this side. We were minimum guarantee. TEA–21 had a ciate very much the Senator from Mas- not successful in doing it. In other minimum guarantee. We all remember. sachusetts being sensitive to the chair- words, there are things we can do to We remember that formula, the 1104 man of the Subcommittee on Transit streamline some of the regulations we formula. As you looked at the formula, who wants to come down to the floor. have to deal with. Many of those are each State had a percentage of the He will be here shortly. environmental regulations where we total amount, and that was what was Mr. President, what I thought I can get that taken care of first, and we called the formula. But politically would do is continue to go through—in have provisions in this legislation that speaking, once you get up to the 60 these moments where there is a little will do that and end up getting a lot votes you need, it does not make any bit of a lull—this section-by-section more for our dollars. difference what they did. Consequently, analysis, as arduous as it may be to The reason we are calling this it didn’t have any of the provisions in some people. But I think we need to SAFETEA is that right now we have there that would try to do the most have it in the RECORD so everybody has some 43,000 deaths on the highway. We good, build the best roads, and take an understanding of not the hours, not are looking now at a trend line that is care of the problems in the States the days, but the more than an entire going the wrong way. So it is time to where they are the most serious. We year we have worked very carefully address that. We even have the name have done away with that. with the Senator from Nevada and the SAFETEA. That is very appropriate. It would have been easier to just go Senator from Vermont in coming up Freight movement: We haven’t really ahead with that because everybody un- with the agreements and the com- spent a long time on addressing these derstands that and you get 60 people promises we have. things. Nonetheless, this bill does do it. happy and you have a bill. But we As we had said before, the goals of The Federal Highway System is a key didn’t want to do that because there the reauthorization of TEA–21—which component to continued economic are a lot of the categories of people in for the next 6 years we refer to as growth in this country. We have talked the States that need to be taken care SAFETEA—have been to increase the about the positive effect of this bill of. rate of return to donor States. This is when we get it passed and get by these One of the problems we have with the something of which certainly the Pre- parliamentary obstacles. Keep in mind, very fast growing States and the large siding Officer is fully aware. It is some- it bothers me a little bit that we have States is that while we are going to thing we are all sensitive to. obstacles from perhaps 5 or 6 people end up in 2009, at the end of this 6-year My State of Oklahoma, for example, when we had 75 votes to move on and period, with 95 percent in terms of the was down in the 70 percent range prior invoke cloture. donor States, the fast growing States, to ISTEA. Then with ISTEA and TEA– Remember when we saw in one of the the large States will not reach that 21 we crept up to 90.5 percent. This bill publications on the Hill the ‘‘Men until 2009. I regret that is necessary, will take us up so every State will be Working’’ sign, and then, superimposed but frankly there is no other way to guaranteed to get back 95 percent. I in the middle of that, ‘‘Men Not Work- make this happen. So what we did was think that goes a long way. Some peo- ing.’’ That is a sign that we still have to put the formula into effect and let ple who are a bit sensitive to the plight a problem. We have an economy that is the formula work. of donor States believe that getting to on the rebound now, but jobs are lin- I have been going through and out- 95 percent pretty much resolves the gering behind. lining the various sections of the bill. problem. There is no program out there that is We have done it from the very begin- That was one of the points we dealt more of a significant jobs program ning, section 1101, all the way up now with, and that took a long time on than this bill. The IPAM provisions in to 1620.

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S628 CONGRESSIONAL RECORD — SENATE February 5, 2004 Section 1620 is the Highway tried to get something done that would hitting senior citizens in this country Stormwater Discharge Mitigation Pro- be successful. like a wrecking ball. It seems to me it gram. As introduced, S. 1072 did ad- But when we deal with this section is critically important that the Con- dress the issue of contaminated storm 1701, we are saying that if you are out gress move on a bipartisan basis to put water runoff from highways. Specifi- there taking a trip, going from one in place aggressive cost containment cally, it expanded the eligibility of point to another, and because of con- measures that can best be achieved by storm water projects to be able to use gestion you have to stop and let your making sure that the Medicare Pro- a State’s funds under the NHS program engine idle and let the truck idle, you gram has real bargaining power, that and extended the eligibility of storm are using up a lot of fuel unnecessarily, the barriers are eliminated to bringing water projects to mitigate runoff on and we will quantify that in a moment in drugs that are safe from other coun- existing Federal aid highways, ongoing in our discussion. No. 2, it is a time tries, and that seniors are in a position reconstruction, rehabilitation, resur- waste. So you have an air quality prob- to compare prices, with real price dis- facing, or restoration projects. An lem as well as a pollution problem. closure in markets across the country. amendment was adopted to create a 2 This bill makes several changes to im- Today I have introduced, along with percent set-aside from the Surface prove the transportation system’s the senior Senator from Maine, Ms. Transportation Program amounting to management and operations, including SNOWE, legislation that would do just nearly $1 billion. the creation of a foundation for trans- that. I believe it is critically important This is something about which I portation systems management and op- for Congress to move on this legisla- know a lot of Members have a concern. erations. Through the provisions of tion in the days ahead. If for no other My position has always been that if a this bill, transportation systems man- reason, the legislation I introduced State wants to use a 2 percent, a State agement and operations programs and with Senator SNOWE should be priority can do it. If you have a mandatory set- projects are integrated into the capital business because of the developments aside, it puts us all in the position of planning and construction processes. in the last week. where not only do we not have a States are given tools for reducing In the last week, it has become clear choice, no other State has either. When traffic delays caused by vehicle acci- that the prescription drug measure you add it up, that is a lot of money. dents and breakdowns on highways passed last year—a measure I voted during peak traveling times. The bill You are talking about a billion dollars. for—will cost over $130 billion more encourages continued development and That is something that is going to be than was originally anticipated. So I deployment of safety measures, notifi- dealt with, it is my understanding, by think there was a strong case for the cation systems to disseminate safety interested Members. We will have to cost containment measures that Sen- information on Federal aid highways ator SNOWE and I are advocating today debate that. to motorists and public safety agencies My concern is getting to the position even before the developments of the as needed. Examples may include traf- where we can debate legitimate dif- last week. fic congestion, freight movement and ferences of opinion. And that was one But on the basis of what we have conditions, amber alert, weather event learned in the last week, I don’t see on which our committee was divided emergency notifications, and border right down the middle. The concern I how you can logically argue that Medi- and homeland security notifications. care should not have the same author- have right now is we are not debating I have been informed there may be things where there is a legitimate dif- ity to bargain for seniors who need another Member who wants to speak those prescription drugs that Members ference of opinion or even things that for a specific period of time on an unre- are germane. I hope that we can get to of Congress benefit from because of the lated issue. Federal Employees Health Benefits a point where we can table all non- Mr. WYDEN. Will the Senator yield? germane amendments. I don’t think we Program that goes to bat for us. Mr. INHOFE. I will yield—— So I am hopeful that this bipartisan are going to get there, but I would like Mr. WYDEN. For a question? legislation—which I believe is the first to get there. If we did, that would re- Mr. INHOFE. Yes. significant bipartisan health reform solve that problem. Mr. WYDEN. First, I express my ap- bill this Congress—will be considered There are legitimate issues to deal preciation to the chairman on the com- quickly. Certainly the developments of with, with amendments. Section 1701 is mittee on which I sit. He has worked the last week have given, in my view, transportation systems management very closely with Senator SMITH and new impetus for this legislation. and operations. Despite the historic in- me, and we appreciate that. If it doesn’t cause any great travail, I was Our legislation is called the MEND crease in highway investment fol- Act, the Medicare Enhancements for lowing the enactment of TEA–21, oper- interested in speaking for maybe 10 minutes on a health care issue. I see Needed Drugs Act. It attacks the high ational performance has declined. For prices seniors are facing in four major example, a trip that would have taken our friend from Colorado. Maybe some- thing could be worked out among the ways: 25 minutes during the congested period First, it leverages the market share in 1987 now takes an additional 5 min- three of us whenever the chairman has completed his remarks. I think at 1:30 of tens of millions of seniors into real utes. What we are talking about here is bargaining power. we have more congestion. I have seen the rule kicks in where you can address other issues. If something could be Second, it breaks down the barriers this congestion mount. I was in the to reimportation of lower cost drugs. other body for 8 years. I was on the worked out, it would be helpful. The PRESIDING OFFICER. The time Third, it makes Congress a watchdog Transportation Committee during that is 1:49 when that rule kicks in. against unfair price spikes. time. The committee structure in the Mr. INHOFE. Mr. President, I ask Fourth, it creates real incentives for other body is not the same as here. In unanimous consent that the Senator seniors to get the best prices for their the other body, all they deal with is from Oregon be recognized for up to 12 medicine. transportation. minutes on a subject of his choice and I think colleagues understand, hav- Over here, we have Environment and ing been home over the last few weeks, that Senator ALLARD be recognized im- Public Works, so we have other issues mediately after that. that there is tremendous concern with with which to deal. But when I got to The PRESIDING OFFICER. Is there respect to this legislation. There is the Senate, a vice chairmanship of the objection? confusion about what it stands for. I subcommittee became available. That Without objection, it is so ordered. think we have all heard that. But at was clean air. We went through the Mr. ALLARD. Mr. President, I want- the top of the list of concerns seniors clean air problems we had during the ed to understand where we were. The are bringing to us is the question of Browner administration in the EPA. A Senator is going to speak for 12 min- what is being done to rein in these lot of the problems that came up in my utes and then I will be recognized for 10 costs. It seems to me that with an op- State—in fact, with original proposals minutes; is that correct? portunity to address this in a bipar- that came through, out of 77 counties The PRESIDING OFFICER. Yes. tisan way, which is what I have done in Oklahoma we would have had some THE MEND ACT with Senator SNOWE—we have been at 50 counties that would have been out of Mr. WYDEN. Mr. President, sky- this now for 5 years—the Congress attainment. We worked on that and rocketing prescription drug bills are could come together.

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S629 Now, if that is not done, it seems to tainment. We can do it with market- number of areas. I come from a State me that given the developments of the place forces. The Senate now has bipar- that has experienced rapid growth. I last week, and the legislation costing tisan legislation that will do just that. know a lot of Members of the Senate $100 billion-plus more than anybody an- I hope my colleagues will support it. who come from rural areas, particu- ticipated, we are going to see the frus- Again, I express my thanks to Sen- larly in the West and the South, have tration mount not just with seniors but ator ALLARD and look forward to work- experienced similar growth rates in with taxpayers across the country. ing with him on the transportation bill their particular States. So we all are I am going to be talking about this as well. challenged with the transportation legislation more in the days ahead. I The PRESIDING OFFICER. The Sen- problems that come with that rapid am very pleased that the Senator from ator from Colorado. growth. One problem is mass transit. Colorado was kind enough to give me Mr. ALLARD. Mr. President, I thank Historically, most of the dollars in the opportunity to speak for a few min- my colleague from Oregon for his com- mass transit have gone to those States utes in the Chamber today. I am very ments. I, too, look forward to working that have large metropolitan areas or pleased that, with Senator SNOWE, we with him on these transportation directly to a large metropolitan area, have a bipartisan, commonsense pro- issues. We worked together on a num- such as New York, Los Angeles, or Chi- posal that can help America’s seniors ber of issues throughout our careers. I cago. But those of us who come from receive the prescription drugs they always look forward to the cooperation relatively small metropolitan areas need. he is willing to share in a bipartisan but are showing a lot of growth have Our legislation will give seniors a way. never had access to dollars that are re- powerful one-two punch to fight back While we are passing out some ‘‘atta quired for us to begin to move forward against high prescription drug prices. boys,’’ I want to again congratulate with mass transit. It will help seniors save money on the chairman of the Environment and In the State of Colorado, Denver is every prescription and give the new Public Works Committee for getting our metropolitan area. It was very dif- Medicare benefit even more buying this bill to the floor. It was not easy. I ficult at one point to access the dollars power. know he worked all last year, and to start mass transit systems. There Under our bipartisan bill, the Sec- while most of us were on break, he was were provisions put in place when we retary of Health and Human Services working hard trying to work out com- had Chairman Alfonse D’Amato from could fight on behalf of seniors for promises so this legislation would be New York. I worked with him to try lower drug prices and individual Medi- one of the first with which we would be and put together a formula for mass care plans would actually have incen- dealing when we came back in for this transit where the smaller States could tives for negotiating prices comparable particular session of the Congress. begin to participate in some of the mass transit dollars. That originally to the VA. Historically, transportation issues Seniors should not have to under- have not been partisan. Usually, it is got put in place when Alfonse write tax breaks for companies that approached in a bipartisan way. It is D’Amato, who was from New York, was try to keep affordable, reimported very complicated. Every State is af- chairman of the committee. Like I said drugs out of their hands. Today, drug fected differently. The bill has a high- at the time when we were working with Chairman D’Amato, we don’t want to companies get a dollar-for-dollar tax way transportation portion and a mass take all the money for small States, writeoff on their advertising, adver- transit portion. Usually, there are but I think when we have more than 90 tising that is helping, in my view, to some provisions, such as we saw this percent of the dollars in mass transit drive up the cost of prescription medi- year, that come out of the Commerce going just to 11 cities, that is not a cine. In the last year for which we have Committee. The Finance Committee good balance either. So we needed to figures, direct-to-consumer advertising gets involved because there are some work out a formula. cost $2.5 billion. issues on how we are going to come up We worked out a formula where the What we say in our bipartisan legis- with the money that is required. smaller growing metropolitan areas in I also wish to compliment Chairman lation is if the drug companies say no this country would have some addi- SHELBY. Chairman INHOFE is chairman to affordable reimported drugs for sen- tional access to mass transit money. iors, then they are going to have to say of the Environment and Public Works We continue to work on that provi- no to the tax breaks that are paid for Committee, and then we have Chair- sion in this bill. We are beginning to with seniors’ tax dollars. man SHELBY who is chairman of the recognize the growth and the needs in I hope in this session of Congress we Banking Committee. A major part of many other communities throughout will see an effort on a bipartisan basis the mass transit provisions comes out the United States and working to give to improve on the legislation that was of that committee. He has been work- them flexibility to approach their passed last year. I voted for that bill ing with the ranking member, Senator transportation problems with different last year. I still have the welts on my SARBANES. I am chairman of a sub- perspectives. We give them as many al- back to show for it. But I also came to committee in the Banking Committee ternatives as they possibly can select the floor at that time and said I think that deals with housing and transpor- in trying to meet their transportation the Congress can do better in terms of tation, so I have oversight over mass needs. cost containment, not by setting price transit. I work with the ranking mem- One area is using buses, what we call controls, not by some big Government ber, Senator REED of Rhode Island. rapid transit buses. These are buses regime that has the Government inter- They, too, spent a great deal of time that have dedicated lanes on highways. fering in various kinds of areas where working on this legislation, and I In some areas, it is cheaper to put there is no appropriate role. But I said thank them for working in a bipartisan down roads and highways than it is to there is no logical reason why Medicare way to reach a consensus on this bill. build rail. They use that and then use shouldn’t have the same bargaining One of the issues we struggled with is buses instead of mass transit. It has power to get a good price for seniors how we are going to pay for what ev- the advantage of additional flexibility the Federal employee plan has for erybody wants in highway transpor- because the bus doesn’t have to stop at Members of Congress. Now there is a tation and mass transit. It is some- one particular station. I know my bipartisan proposal before the Senate thing with which Congress has been State of Colorado is looking at this as that will get seniors a fair shake using struggling. an alternative. marketplace forces. This bill came out of the Finance We have money in the section that I hope in the remaining days of this Committee, and they put in provisions. came out of Banking to provide addi- session, legislation can be acted on fa- My concern is that we don’t add to the tional flexibility to the States and vorably. Senator SNOWE and I have deficit and we use those dollars that local communities so they can look at worked as a bipartisan team for 5 years are available in the highway trust fund these various alternatives as to what now in an effort to try to get this pre- to finance transportation needs, par- they can afford. There is no getting scription drug issue right. ticularly for highways. around it; when you start putting in a At the top of our seniors’ concerns The bill is a step in the right direc- fixed rail system, they are very expen- today is the need for better cost con- tion. It makes important steps in a sive.

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S630 CONGRESSIONAL RECORD — SENATE February 5, 2004 I am happy to report in my State of then we do not have the competition look, we have air pollution problems Colorado, we have a major construc- out there to hold down the cost of the and as a result of that we want to re- tion project combining expanding high- project. strict the amount of driving that goes ways with mass transit. That par- I am one who ordinarily believes that on. So maybe mass transit is one of the ticular project has been under budget if costs for a project are to be held ways to do that. and is ahead of schedule. As a result of down, competition is the way to do it. The first large mass transit line that that, the State is developing a good Rules and regulations are passed, as we put in the State of Colorado, in the reputation in that regard. We have well as having price controls. Basi- Denver metro area, out toward what we tried to put incentives in this legisla- cally, it is going to be competition that would refer to as the southwest cor- tion that says to communities best serves the customers, whatever ridor, has helped hold down our air pol- throughout the country if you begin to that transit project would happen to lution. People are using that. take on these projects, we have incen- be, and also would be a process where Some people say we spent a lot of tives where you can work on the we do not have an overburdensome bu- money on mass transit but it does not project, and if you are responsible with reaucracy which in itself does a lot to get used. Well, at least as far as the the taxpayers’ dollars and you are add to the cost of the project because Denver metro area, it is being used. In ahead of schedule and under budget, of so much oversight. fact, it is being used to the point where this is all good news, so we want to en- So it is kind of a balance between it has exceeded the amount of revenue courage that type of behavior. where is the proper level of regulation that anybody anticipated. The usage is That is so much of what we have so they can assure that things are done much higher. There is so much demand been trying to accomplish in the mass right but on the other hand hold down to get on the train that one of the transit section of the bill. on the regulations so there are not un- things that has become an issue is Highways, obviously, are important necessary bureaucratic delays. parking, where are people going to as far as rural transportation is con- This is sort of a broad-brushed ap- park around the various stations in cerned but also is bus service. In some proach to our transportation needs. We order to be able to take the train to isolated areas of this country, there began to recognize that there are lots work. are elderly people, and many rural of ways people can travel, and I think So now this has been moved a step communities are disproportionately we have done that in this particular further. With the success of that train, impacted by again rural populations. bill. they are taking the money and saying, So they need to have some other alter- I want to talk a little bit more about OK, now we can expand it out to the natives of being able to get to their my own State of Colorado and what is major project they are doing now, doctor or being able to get down and happening. If we look at the highway which is between two major business around in their communities to take transportation funding formula, Colo- centers. As far as Denver is concerned, care of their vital needs. So we have rado does well as far as the formula is it is going to help the economy a lot. provided some programs that begin to concerned. This kind of chart sort of il- So when done right, this can create a provide bus service for the rural com- lustrates that. If we look at TEA–21, lot of opportunities in the various munities. the 6-year average is $335 million avail- States. Overall, I think there has been a lit- able for Colorado in the previous 6 Again, I would stress the importance tle bit of shift, if one looks at this years, per year. TEA–21 is the highway of the provisions that we have in here transportation bill, from large States transportation bill that was passed and that encourage local control, encour- to the smaller States and giving the its funding ended in 2003. Now we are age accountability, encourage effi- smaller States some flexibility as far on 2004. This is what we call SAFETEA. ciency so public policymakers in one’s as the dollars. That is good because If we look at the funding there, we State will ask: What is it that we can that is kind of what is happening with have $423 million in 2004 for Colorado. do that will allow this project to move the population. There is a lot of popu- In 2008, it goes up to $505 million, but forward, without unnecessary delays? lation change. People are moving from in the last year we have a real balloon Our communities will benefit if we can the larger communities and going out that goes up to $603. Some people say: get these projects done under budget into the smaller communities, and I do not know if it is going to be there. and ahead of schedule. sometimes it has to do with the quality Well, it is out there quite a ways, 6 This is something I think every com- of life. They are going out in the small- years. In the last transportation bill munity should have the opportunity to er communities because they have we had, it was available for the State strive for. As policymakers at the Fed- smaller classes in the schools. They of Colorado. In the last transportation eral level, it is something we need to like the rural living. They like easier bill, they had flexibility that the begin to push. access without having to deal with States could use. There were some Again, the issue we are all facing is traffic problems. rather unique happenings in the Den- how to pay for this. I know the Finance We need to keep this in mind. So ver metropolitan area in trying to Committee struggled. We are still there is a provision in there to help meet the transportation needs of the struggling with it. What is the proper take care of some of these big issues. State as well as that metropolitan funding level for mass transit? I think We figured out that about 40 percent of area. So for the State of Colorado it is the key markers that the President the counties in this country do not about a 46-percent increase. All total, and so many Members have talked have any transit at all and they are we are talking about 934.3 million new about is that we have to make sure the looking at some ways of trying to meet dollars over and above what was pro- money is money that does not come the needs of their local citizens. vided in TEA–21. If we want to spill out of the general fund, that it stays Overall, this package has some good those over into jobs, it is estimated with the—now I am talking about high- in it. We just need to work out how we that could create as much as 44,300 new ways—gas tax, because the gas tax is are going to pay for all of it. job opportunities in the State of Colo- an allocated stream of revenue that The other thing I would mention is, rado. So there is no doubt that if the has gone to a special purpose, and that the private sector plays a key role in infrastructure is worked on and it is special purpose is to build roads and all of this. We sort of leaned on the pri- done the right way, it can create a lot highways and meet the needs of this vate sector to help provide the exper- of opportunity in one’s State. Cer- Nation. tise, and we want to be sure they have tainly in the State of Colorado it is We need to make sure we stay with an opportunity to get into public-pri- creating a lot of opportunity for us. that principle. Also, we want to make vate partnerships because it can ben- Now, when we talk about transpor- sure we do not begin to spend money efit all parties. Many times if it can be tation issues in my State, there are a on a bill, or through a bill, that is opened to a free market approach, it lot of things with which the local com- going to add to our Nation’s deficit. holds down the cost of the project. If munities have to deal. Obviously, there Our deficits in this country are reach- projects develop into monopolies where are those who have to commute to ing historic highs, and we need to do one company, one group of employees, work who want to get to work as fast something now to get deficit spending or one community has such control, as possible. There are those who say, under control.

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S631 I think the Budget Committee and I would like to go through a few more for estimating project costs and to pe- the Members of this body are beginning sections here until someone appears, riodically evaluate the States’ prac- to treat that issue in a very serious wanting to be recognized. tices for estimating costs, awarding way. So we still have some challenges Arguably, this bill could be charac- contracts, and reducing costs. States ahead of us, as we move forward with terized as the most significant bill we must apply a value engineering anal- this particular legislation. will deal with in terms of how it affects ysis during the design phase of all I have a lot of confidence in Chair- so many people. highway projects on the Federal aid man INHOFE as well as Chairman Regarding the Real-Time System system over $25 million and all bridge SHELBY. I think they have the ability Management Information Program, projects over $20 million to reduce the to shepherd this very controversial, real-time information is the key to en- overall cost of the project and improve very complicated piece of legislation hancing the operation and performance project quality. through the process. in the management of our transpor- This is just one body. You have the tation system. In drafting this legisla- Not only are States required to meet House. They take a little different per- tion we adopted the ambitious and im- standards of financial integrity for fed- spective on the highway transportation portant goal of providing nationwide erally funded projects, but they must bill because they have districts they capability of real-time traffic and trav- also determine that subrecipients of have to represent, and they don’t look el information. The more up-to-date in- those Federal dollars also have suffi- at it from a State view like those of us formation available to highway users, cient accounting controls and project here in the Senate. the better they are able to utilize the delivery systems. I don’t like, in my State, to be put- highway transportation system effi- The bill also contains mechanisms to ting in special projects because what ciently. The objectives of the Real- protect future Federal aid projects happens with special projects is they Time System Management Information from fraud by mandating the debar- take away the flexibility of the State. Program include improving the secu- ment of contractors who have been You are telling your State where they rity of the surface transportation sys- convicted of fraud related to Federal ought to be spending their money on tem, addressing congestion problems, aid highway or transit programs. It certain projects. I think that ought to improving responses to weather events, mandates the suspension of contractors be left to the States. and facilitating national and regional who have been indicted for offenses re- For example, in the State of Colorado travel information. lating to fraud. we have sort of a complicated process. As part of this real-time information This has become a problem because We have a highway commission. They program, States are required to estab- there is no mechanism set up to keep allocate. They make recommendations lish a statewide incident reporting sys- this from happening. We now will have to the Governor and legislature. I don’t tem within 2 years unless the Sec- the mechanism. feel comfortable as a policymaker here retary grants a longer extension of in Washington telling my Governor and time. Section 1803 is design-build con- the highway commission, people who We try to recognize all the way tracting. Under the current law, a de- know what is happening as far as their through the bill what we don’t want to sign-build contract is defined as an transportation needs, what should be do. Having been a mayor of a major agreement that provides for both the done in the State of Colorado. So I try city for four terms, I know what un- design and construction of a project. to avoid what is referred to as funded mandates are. That is some- The goal of design-build contracting is porkbarrel spending, where you ear- thing we don’t want to be a part of, and to reduce costs by contracting out the mark any particular projects in your we are not. We were sensitive to the design and construction of a project to particular State because I think that problems of States and local govern- a single contractor. At Senator COR- ought to be done in the State level. ments so unique problems we cannot NYN’s request, the bill expands eligi- In the Senate that has never been foresee at this time are taken care of bility for design-build projects to in- much of a problem. When you get to with the discretion of the Secretary of clude the design and construction of the House side, where Members have Transportation. intermodal facilities. their own districts they have to worry Regarding future Interstate System Section 1804 is program efficiencies about, sometimes they worry about not routes, under current law, States have financing. To address certain program having adequate voice even at the 12 years to construct National Highway efficiencies in the area of financing, State level for the district they rep- System roads according to the stand- the bill revises current law by remov- resent, particularly if it is a rural area, ards of a highway on the Interstate ing the existing restrictions that because it gets run over by the masses System if they wish to designate the States must obligate all apportioned or in the metropolitan areas. So on the highway as a future Interstate System allocated funds or demonstrate they House side you will see more ear- route. Recognizing the relative needs will use all obligation authority allo- of the States and their respective abili- marking, but on the Senate side you cated to it for a Federal aid highway or ties to meet these standards, this bill don’t see so much. If I talk to my col- highway safety construction before ad- extends the current 12-year require- leagues I try to encourage them to stay vanced construction projects are ap- ment to 25 years in order to give States away from earmarking projects. proved. This revision clarifies that ad- I think the chairman on the Environ- more time to substantially complete vance construction procedures can be ment and Public Works Committee the construction of highways des- used for all categories of Federal aid shares those views. He has done a good ignated as future Interstate System funds, and that when a project is con- job of making this a responsible piece routes. verted at a regular Federal aid project, of legislation. We still have a few chal- One of the problems, if we didn’t do any available Federal aid funds may be lenges ahead of us, but it has been a this, is that is making this a race to used to convert the project. pleasure working with the chairman. complete projects. The decision that I see he has made it here to the floor. programs should warrant more time, The bill further removes the existing I don’t see anybody else right now here we feel, is going to end up being in ev- requirement that the Secretary first who is interested in speaking, so with- eryone’s benefit. approve an application from the State out any more comment on anything. Stewardship and oversight is section before authorizing the payment of the I yield the floor. 1802. Value engineering is another im- Federal share of the cost of the project The PRESIDING OFFICER. The Sen- portant stewardship tool for reducing when additional funds are later appor- ator from Oklahoma. the total cost of projects and improv- tioned or allocated to the State. Mr. INHOFE. Mr. President, first of ing their quality. Along these lines, Mr. President, I suggest the absence all, I appreciate the efforts my col- States must annually certify the ade- of a quorum. league from Colorado has made on the quacy of their financial management committee all the way through, in ad- systems and project delivery systems The PRESIDING OFFICER (Mr. dition to the transit portion of this to meet all Federal requirements for fi- ALEXANDER). The clerk will call the bill. We have had a very cohesive com- nancial integrity. roll. mittee in the time, well over a year, we Accordingly, the Secretary is re- The legislative clerk proceeded to have worked on this issue. quired to develop minimum standards call the roll.

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S632 CONGRESSIONAL RECORD — SENATE February 5, 2004 Mr. FRIST. Mr. President, I ask has shown extraordinary strength and the door to opportunity, hard-working unanimous consent that the order for determination in achieving that goal of people are going to step through that the quorum call be rescinded. giving children here in the District door. The PRESIDING OFFICER. Without that hope for the future, that oppor- I am proud of everyone who made the objection, it is so ordered. tunity to succeed, to realize the Amer- D.C. educational choice happen. It be- Mr. FRIST. Mr. President, I will be ican dream. gins with the parents, probably ends speaking, for the next several mo- Others who have been instrumental with the legislators, but also includes ments, on leader time. in this effort—Cardinal McCarrick, the elected officials and committed DC SCHOOL CHOICE INCENTIVE ACT Peggy Cooper Cafritz, Kevin Chavous, community leaders. Mr. President, very briefly, I will ad- and Virginia Walden Ford—have dem- I am also proud of the District dress two issues, the first relating to a onstrated exemplary leadership in ac- schoolchildren. Now, because of DC bill we passed 2 weeks ago. In fact, 14 complishing passage of this legislation. Choice, they are more likely to have days ago—exactly 2 weeks ago—the They are, to me, true champions of the that more cherished of American birth- Senate voted 65 to 28 to help liberate public good, and the District of Colum- rights: a solid education, something we Washington, DC’s schoolchildren from bia is made better by their leadership. all know is the key to the American its worst performing public schools. I also thank Senate staffers Mary dream. The bill itself was called DC Choice. Dietrich, Sharon Soderstron, Townsend MARRIAGE The ‘‘DC’’ is obviously the District of Lange McNitt, and Denzel McGuire for Mr. President, I will take just a few Columbia. And the ‘‘choice’’ really is their hard work, their compassion, and minutes and comment on another right at the heart of empowering par- their dedication to passage of this bill. issue, an issue that relates to the deci- ents and families and schoolchildren to They devoted long hours to this legis- sion yesterday by the Massachusetts participate in the decisions that we lation. Supreme Court. By now we have all know strike right at the heart of open- Washington, DC, the District here, is heard that, in the decision yesterday ing that American dream and giving blessed to have caring and committed made by the Massachusetts Supreme hope to young schoolchildren here in citizens pressing for change. And with Court, same-sex marriage is the law of the District. passage of this bill, change is coming that State according to the courts. In- DC Choice had weathered years of de- soon to the District’s classrooms. deed, same-sex marriage licenses will bate and even a veto by President Clin- Some colleagues—some in this body be issued beginning May 17 in Massa- ton, but finally DC Choice is on its way and others—have implied that they chusetts. to the District’s neediest public school want to reverse this historic accom- Same-sex couples from across the Na- children. plishment. These individuals, I think, tion will go to Massachusetts to get It was 2 weeks ago that we passed a by doing so, by expressing they want to married. They will return to their bill that helps schoolchildren here in see the reversal of this historic accom- home States—whether it be Tennessee the District. Under the DC School plishment, at least imply to me toler- or Alabama or Wyoming or Ohio, all 50 Choice Incentive Act, the District will ating the status quo. That simply is States—and I would think and assume receive 40 million new dollars to sup- unacceptable—the status quo—where that all of them would sue. port public schools and charter schools we do have too many failing schools Some of our best legal minds con- and choice scholarships. Indeed, nearly here in the District, where we have clude that courts will require recogni- 2,000 District schoolchildren will now frustrated parents who see their chil- tion of same-sex marriage in every sin- be able to receive federally funded op- dren locked in these failing schools. gle State in the Nation. portunity scholarships to the tune of We have kids here in the District, Marriage should remain the union of about $7,500 each in order to attend within blocks and miles of this Capitol a man and a woman. The evidence is schools of their choice. Building, without hope, without ambi- overwhelming that children do best I take this opportunity to thank tions, without dreams. We have an ob- with a mother and a father. We are some of the people—I regard them as ligation to help reverse this hopeless- gambling with our future if we permit true leaders—who made this historic ness, and indeed that is exactly what activist judges to redefine marriage for legislation happen. this legislation does. our whole society. First, I commend Senator DEWINE for We no longer can keep this city’s I want to be very clear: We reject in- his integrity and fairness in guiding children in the shadows. It is time to tolerance. We reject hatred. We must the school choice debate. Senator help lift them up, lift them up to ours treat all our fellow citizens with civil- DEWINE, as we all know, is a consum- and their parents’ and their families’ ity and kindness. But marriage should mate gentleman and has been an in- highest expectations. Lifting the Dis- not be redefined by the courts, and we valuable ally in the cause of justice for trict’s children out of illiteracy and in this body cannot let it. We will not the District’s schoolchildren. educational poverty, putting the Dis- let it. I also express my deep appreciation trict’s children on the path to aca- The U.S. Congress has codified this and respect for Senator JUDD GREGG. demic excellence, is just too impor- principle in the Defense of Marriage His passion for this issue, his dedica- tant. The District’s leaders want it, the Act. It passed with 85 votes in the Sen- tion to this issue, his unflagging com- District’s parents want it, and, most ate and was signed by President Clin- mitment to seeing that DC’s children importantly, the District’s children de- ton in 1996. We must protect, preserve, get the very best education possible, serve it. and strengthen the institution of mar- the best education we can offer, really We can all expect intense scrutiny as riage against activist judges. If that is an inspiration to us all. this choice plan, which is now law of means we must amend the Constitu- Senator FEINSTEIN also deserves tre- the land, unfolds. Critics, I know, are tion, as it seems increasingly likely, mendous praise for her leadership. Her going to assail every perceived set- then we will do just that. devoted support for DC schoolchildren back. But also expect the District of I yield the floor. was critical in moving this legislation, Columbia schoolchildren to prove them The PRESIDING OFFICER. The Sen- this effort forward. wrong. In cities such as Detroit and ator from Montana. But in addition to our colleagues, Milwaukee, where choice has been CUBA none of this would have been possible tried, choice has thrived. We see scores Mr. BAUCUS. Mr. President, I would without the leadership and courage of go up; we see educational gaps narrow; like to spend some time today talking the city’s elected leadership, people we see parents much more pleased, about the issue of Cuba. This was an such as Mayor Anthony Williams. He much happier with their children’s issue that the Senate spent a lot of has been sincere and tenacious schools; and we see that public support time on last year, and I am here today throughout the discussion and the de- for school choice rises. to tell my colleagues we are just as bate. He has again and again reflected Choice in the District will succeed committed this year. his belief in and commitment to the because it is based on the belief that Last year, as most Members know, District of Columbia’s children. Over achievement is for everyone and not we made tremendous progress toward the last several weeks and months, he just a privileged few; that if you open eliminating the Cuba travel ban and

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S633 easing the four-decade-old embargo. As hope this year we can finally change worth hundreds of millions of dollars part of the appropriations process last this policy and the Senate will have a out there on ships unable to go any- year, both the Senate and the House chance to fully debate the issue so we where in large measure because we con- passed amendments overwhelmingly can finally make some sense out of the tinue to refuse to label the product. It that would temporarily suspend en- travel policy we do not have with Cuba. is not just a question of consumer in- forcement of the Cuba travel ban. I yield the floor. formation, as important as that is. I was, frankly, not only disappointed The PRESIDING OFFICER. The as- I find it intriguing that today we but outraged that this provision was sistant Democratic leader. label for content. We can tell you down taken out of the final omnibus bill. It Mr. REID. What is the matter now to the last gram what is in a can or a should not have been, especially since before the Senate? Is it the Dorgan package. We can tell you what the nu- the measure passed both bodies by very amendment or the Gregg amendment? tritional value is. We can tell you how large margins. In stripping out that The PRESIDING OFFICER. The mat- many carbohydrates there are. We can provision, the leadership broke the ter before the Senate is the Shelby tell what the calories are and the fat, rules of Congress and defied the will of amendment. but we can’t tell you from what coun- the majority of both Houses. That is Mr. REID. I thank the Chair. try it has come. It is a remarkable simply undemocratic. It is wrong. It is I suggest the absence of a quorum. omission. not the way bills should be handled. The PRESIDING OFFICER. The What is all the more remarkable is While disappointed, I emphasize clerk will call the roll. that there are those who actually today that the majority of us who The assistant legislative clerk pro- argue that it would be an impractical favor ending this embargo will work ceeded to call the roll. requirement. We have already adjusted hard this year to pass legislation, one Mr. DASCHLE. Mr. President, I ask to content. We have adjusted to nutri- way or another, through both bodies of unanimous consent that the order for tion. But somehow it is impractical— the Congress, through conference, and the quorum call be rescinded. and we are told almost impossible—for on to the President’s desk. Senators The PRESIDING OFFICER. Without us to put country-of-origin label. I ENZI, DORGAN, and I have introduced objection, it is so ordered. don’t know anybody who honestly be- legislation that would permanently end MAD COW DISEASE lieves that, but there are those who the travel ban. Last year, that legisla- Mr. DASCHLE. Mr. President, I profess that. tion passed out of the Foreign Rela- wanted to take a minute to come to There is a reluctance on the part of tions Committee by a vote of 13 to 5, a the floor this afternoon to talk about the administration and a reluctance on very large margin. The bill has 33 co- the report issued yesterday by an the part of some in the Congress to rec- ognize what I think is inevitable. One sponsors and is now ready for floor con- international panel of experts that was day we will have country-of-origin la- sideration. I respectfully ask the ma- convened by the Department of Agri- beling. One day we will have the full jority and minority leaders to make culture to look at this whole issue of advantage—I would say the patriotic floor time available to consider the BSE, otherwise known as mad cow dis- advantage—of ensuring that we know legislation. ease. They have, once again, an- The fight to end the Cuba travel ban nounced—and publicly stated—what we are eating American beef and agri- is not over. It has just begun. It is iron- many of us have known for a long time, cultural products—one day. But that day should have been a year ago when ic that we finally face this moment at that there are still many outstanding we passed the farm bill. We gave them the same time that we are scrutinizing questions about BSE. a year. They had until last September both the war on terrorism and the I think the unfortunate fact about all to implement it, and we have now been stretched Federal budget because en- of this is that the one question for which there isn’t any doubt is the ori- put on a 2-year delay. forcing the Cuba travel ban means the But this international export issue, gin of the mad cow problem to date: use of scarce Federal resources. the consumer information issue, and It is important for Senators to under- one Canadian-born cow which cost a the tremendous advantage in creating stand that the Cuba travel ban is en- tremendous amount of market and greater competence for producers alone forced by the same Federal agency— value in the agricultural markets ought to be arguments that the time today. The one cow has shed an adverse the Office of Foreign Assets Control or has come for us to pass country-of-ori- light on American cattle producers in a OFAC—that also is charged with root- gin labeling without incumbrance. ing out the sources of international way that is not only unfair but ex- For the life of me, I can’t understand terrorist financing and stopping the traordinarily costly to every producer in this day and age, with all the facts spread of weapons of mass destruction. in the country today. on the side of those who argue in favor Somewhere overseas, a massive inter- Just yesterday—yesterday—the cost that there can still be the intran- national financial network routes mil- per hundred in the Chicago Mercantile sigence, that there can still be the re- lions of dollars to Osama bin Laden and Exchange was $75. A couple of weeks luctance and that there can still be the other terrorists. Their access to dollars ago, it was $118 per hundred. So we opposition from the administrations, is their lifeline, their sole means of at- have seen a precipitous drop in the the meatpackers, and some of our Re- tacking our citizens and our soldiers. marketplace. Yet we still see a resist- publican colleagues in the House in Rooting out this network and shutting ance on the part of many with regard particular. This is not a partisan issue it down is clearly one of our Nation’s to one simple effort that could change in the Senate. There have been a num- top priorities. Yet the very agency that a great deal of confidence on the part ber of Republican and Democratic Sen- is charged with this crucial task must of the American consumer—a change ators who have worked together to co- divert valuable resources to enforce an that has already been adopted by 43 sponsor legislation. An overwhelming absurd travel ban that a clear majority other countries. Forty-three countries number of Members have voted in of Congress has already voted to termi- currently have country-of-origin label- favor—not once but twice so far. We nate. It doesn’t make any sense. ing. We have been told by some of our have had ample debate. I must say I By its own estimate, OFAC diverts exporting partners in some of those think the arguments get flimsier and one-sixth of its employee resources to markets abroad that unless we imple- flimsier. enforcing a silly travel ban. How can ment country-of-origin labeling, we The international panel that con- we justify diverting $1 of this limited can forget about exporting our prod- vened and looked at this situation once budget, let alone one-sixth of our re- ucts to those countries. So we languish again offer us yet another illustration sources? Just as disturbing, late last with tens of millions of dollars of prod- as to why it is important for us to do week the Department of Homeland Se- uct still on the water unable to unload this now. curity announced that it, too, would in those markets, and unable to bring Let’s pass country-of-origin labeling. divert some of its resources to moni- the product back to this country be- Let’s ensure that consumers have the toring U.S. citizens who might have cause we don’t want to further jeop- same information as fellow consumers traveled to Cuba. ardize what fragile market there is. have in 43 other countries. Let’s do for In a post-9/11 world, I do not under- We have—I do not recall now the origin what we have already done for stand the administration’s priorities. I exact figure—tens of millions of pounds nutrition and for content.

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S634 CONGRESSIONAL RECORD — SENATE February 5, 2004 We will continue to offer amend- The point made by the Senator from switched owners, it switched its name, ments. We will continue to make it the North Dakota is absolutely right. We and it now sells meat in America. policy of this Senate, we will continue have had a change of heart with regard The question is, in South Dakota, to ask for rollcall votes, and we will to downer cattle in this country and it when you buy a beefsteak, is it coming continue to keep the pressure on until goes to the point the Senator from from a ranch in South Dakota? The this job is done. I think it is inexcus- North Dakota is making. We had the consumers ought to have a right to able and somewhat embarrassing that picture of a British downer cow, crip- know and ranchers and farmers want in this day and age with all the facts pled, sick, unhealthy, and that picture them to have that right. This Congress presented to us, as they now have been, was portrayed over and over and over and this President ought to stand up that there could be any question. We again. Rarely was it noted that downer for the interests of people out there need to get this job done—I think for cow was not from the United States, farming and ranching in this country good reason among producers and con- that was a British downer cow. But it who demand this country-of-origin la- sumers alike. Patience is wearing thin. left the perception there are downer beling become law. Mr. DORGAN. Mr. President, will the cows in this country that were entering Senator DASCHLE has led the fight for Senator from South Dakota yield for a the meat system, sick cattle, diseased some years. I appreciate the fact today question? cattle entering the meat system. So you said you will not quit. We will get Mr. DASCHLE. I would be happy to that steak could have come from a this done. And whether it is forcing yield to the Senator from North Da- downer cow, a diseased cow. them to see the light or feel the heat, kota. What happened? The administration one way or the other, this administra- Mr. DORGAN. Mr. President, let me rightfully said, we are going to ban tion has to stand aside and get out of say that the Senator from South Da- downer cattle from the market. I ap- the way and let us get this done for the kota, Mr. DASCHLE, has been leading on plauded it when they did. Now they American consumer. this issue for some long, long while. say, by and large, other countries are Mr. DASCHLE. Mr. President, I reit- Country-of-origin labeling is a re- beginning to comply, as well. But we erate my thanks to the Senator from quirement under the law. We passed it. do not have any assurance that downer North Dakota because he has been It is just that this administration and cattle are going to be prevented from right alongside those fighting from the the U.S. Department of Agriculture entering our meat processing system very first. I remember during the de- doesn’t want to implement country-of- even now. While we have the safest sys- bate on the farm bill he was in the origin labeling. tem in the world, we ought to be able room as we began writing country-of- I held up a beefsteak by consent here to buy and eat and be confident about origin labeling. He was extremely help- on the floor of the Senate about 2 our beef products because we have such ful in ensuring we did the right thing weeks ago, and I asked the question: a safe system, wouldn’t it be nice to in terms of the way the legislation ini- Can anyone here tell me where this know whether or not an imported prod- tially was drafted. His point is well piece of beefsteak came from? Every- uct which potentially could be a prod- taken. one can say where his necktie comes uct from a downer cow came from Can- Today, we see an unusual phe- from. That is labeled. Just turn it over. ada or Mexico or some other country? nomenon. It is not often producers and But can anyone tell where a beefsteak Wouldn’t it be nice to know we have consumers merge, coalesce, and form comes from? Could it have come from that additional confidence that we are the coalition they have in support of the plant in Mexico where one USDA eating beef where downer cattle have public policy. But in this case, it is one inspector showed up, and found dis- been expressly prohibited? of those occurrences. One hundred and eased carcasses hanging, covered with That is what we are talking about, sixty organizations, consumers, pro- feces, getting ready to be put in the improving upon an already good meat ducers, virtually every good govern- meat supply for human consumption in safety system. That, too, is a good rea- ment organization that cares about nu- the United States? Could it be from son why country-of-origin labeling tritional issues and agricultural issues, that plant? ought to be law today. food and production issues, have joined After that USDA inspection, that Mr. DORGAN. If the Senator would together to say the time has come for plant changed its name, changed allow me to inquire further, the opposi- us to do this. We have to do it now in owner, the inspector has never been tion to country-of-origin labeling, as light of BSE, in particular. Let’s get back, and that plant is certified now to the Senator indicated, comes from the this job done. ship into this country. The question big meat packing plants, the beef pack- The international experts convened. was, did that beefsteak come from that ing plants. Eighty percent of the beef They, too, said there are a lot of ques- plant, a plant from Guatemala, Can- packing is controlled by four compa- tions out there. We need to make sure ada, the United States? Where? No one nies. It is a case of big interests versus we get the right answers to those ques- knows. the rest. tions. I am simply saying, as a result of I ask the Senator from South Da- The ranchers of South Dakota and yet another report, we have one more kota, can he tell me which special in- North Dakota produce the best quality reason why country-of-origin labeling terest has fought so aggressively, so beef in the world. We know that. They should be law today. long, and so hard to try to prevent know that. So the question is, why I yield the floor. country-of-origin labeling and prevent should the consumers not be able to The PRESIDING OFFICER. The Sen- consumers and farmers and ranchers have access to the information about ator from North Dakota. from being able to understand where where this beef comes from at the meat STATE OF INTELLIGENCE this meat comes from? Who has the ad- counter when they purchase the meat? Mr. DORGAN. Mr. President, George ministration listened to, in deciding Is it South Dakota beef, North Dakota Tenet gave a speech today at George- not to implement current law? beef, Guatemala beef, or Mexico beef? town that was profoundly disturbing to Mr. DASCHLE. That is a very good I will read the specifics regarding the me and I want to visit about it for a question, and I must say I know the Mexican plant because it is important. moment. Senator from North Dakota certainly I discussed this previously in the Sen- I am not on the Senate Intelligence knows the answer, but for the record it ate. In 1999, in May, one inspector from Committee. I am not someone who is the packers. There is an amazing co- this country paid a surprise visit to a claims to have substantial knowledge alition on one side, over 160 consumer meat packing plant in Mexico. He or detailed knowledge about all of groups—agriculture groups, good gov- found ‘‘shanks and briskets contami- these issues. I spend a great deal of ernment groups of all kinds, people nated with feces; disease condemned time concerned about economic issues who have said without equivocation, carcass was observed ready for boning and think I know something about this is good law, it ought to be done— and distribution into commerce.’’ Then some of those, but I do not pretend to 160-plus groups on one side, the packers the Mexican officials took note, went be an expert in foreign policy or intel- on the other side. Guess who has sided to work to restore that plant’s ability ligence issues. with whom? The administration is say- to sell meat in America. The Mexican I, as have all of my colleagues, have ing, we have to listen to those packers. plant regained the export license, it sat in rooms with a label called ‘‘top

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S635 secret’’ and listened to briefings, top- Strategic Proliferation and Military the tubes were for an atom bomb pro- secret, classified briefings from Mr. Affairs. He was responsible, before he gram. Tenet, from the Vice President, from retired, for analyzing the Iraqi weapons Again, Mr. Wood, the expert from National Security Advisor Condoleezza threat. Oak Ridge Laboratories, says: Rice, from Secretary Powell, and oth- He and his staff had the highest secu- Science was not pushing this forward. Sci- ers. I, like others, have watched what rity clearances. They saw virtually ev- entists had made their determination, their has happened in recent weeks with the erything, whether it came in to the evaluation, and now we didn’t know what testimony from David Kay in which he CIA or the Defense Department. He was happening. came to the Senate as a witness and was, by all accounts, admired by every- The scientists had already said this said, look, we got it all wrong. We were one, and had a long and distinguished cannot be for the development of nu- all wrong about the intelligence with career. clear weapons. respect to Iraq. During the ‘‘60 Minutes’’ interview, So in his United Nations speech, Sec- I listened to David Kay describe his Mr. Thielmann describes watching the retary Powell acknowledged there was assessment of the intelligence sys- February 5, 2003, presentation Sec- a disagreement about the aluminum tem—again, this is the top weapons in- retary Powell made to the United Na- tubes, but he said most experts agreed spector, appointed by President Bush— tions. He says at the time Secretary with the nuclear theory. Mr. Powell and what he said was, this country got Powell made that presentation he was said: it all wrong. Its intelligence service nonplused by what Secretary Powell There is controversy about what these got it all wrong. He said, they failed was saying. He says what Powell was tubes are for. Most U.S. experts think they the President. saying about a range of things was not are intended to serve as rotors in centrifuges They did not just fail the President at all in concert with the intelligence used to enrich uranium. of the United States, if they failed. the State Department had. About the Most of the experts—nearly all of the They failed the President and they charge that Iraq was importing alu- experts—are at Oak Ridge. And Mr. failed those in Congress who they minum tubes to use in a program to Houston Wood, at Oak Ridge, claims he looked right in the eye as they gave build nuclear weapons—he said: does not know anyone in academia or a top-secret briefings to us about their This is one of the most disturbing parts of foreign government who would disagree assessment of intelligence. They failed Secretary Powell’s speech for us. with his appraisal. the American people, in my judgment. He is talking now of those who were He said: I don’t know a single person So this failure was much greater than part of the intelligence-gathering part anywhere who believed that these alu- just a failure to properly inform the of the State Department. minum tubes were for a nuclear pro- President. Intelligence agents intercepted the gram. This country has an enormous stake tubes in 2001, and the CIA said they Now, I do not understand this. It ap- in making sure we have an intelligence were parts for a centrifuge to enrich pears to me that information was community that works, one we sup- uranium—fuel for an atom bomb. But available that would have debunked port, and one we are proud of. Why? they got information from the Oak several key portions. I have not talked Someplace this afternoon there are in- Ridge National Laboratory—those are about the alleged yellowcake purchase telligence agents who are pouring over the scientists who enrich uranium for from Niger, which was in the Presi- the thinnest of hints about what ter- our bombs, our nuclear weapons—and dent’s State of the Union Address, rorists might be deciding to do to mur- the experts there advised that the which turned out to have been wrong, tubes were all wrong for a bomb pro- der Americans, to attack an American or the UAVs, the most sensitive of in- gram and the aluminum, apparently, it city, to commit a terrorist act against formation, which turned out to be turns out, after further inspection, was our country, and we must rely on those wrong. exactly what the Iraqis wanted for ar- intelligence agents and the intelligence Mr. Thielmann, who was, again, the tillery. top official at the State Department community to understand it and to get So they sent the word up to Sec- it right, not to exaggerate it, not to for the gathering of intelligence for retary Powell this is not about nuclear presentation to Secretary Powell, misinterpret it, but to understand it weapons, it is about artillery, and the and get it right. The safety and secu- talked about some of the slides Sec- fellow who is at the Oak Ridge Labora- retary Powell was using. He talked rity of this country depends on it. tory, Houston Wood, said: None of us wants the intelligence about the stockpile of between 100 and I guess I was angry, that’s the best way to 500 tons of chemical weapons. He said community to be held up in anything describe my emotions. I was angry at that. other than the highest esteem. I want part of the stockpile was clearly in Mr. Thielmann was talking now to be able to say the intelligence com- these bunkers. He was showing slides: about Secretary Powell’s speech to the munity gets it and gets it right. But I The four that are in red squares represent United Nations. He said he found that active chemical munitions bunkers. How do I cannot do that at the moment. the tubes could not be what the CIA Something is wrong, and we must fix know that, how can I say that? Let me give thought they were. They were too it. When the top weapons inspector you a closer look. heavy, three times too thick, and cer- comes to the Congress and says, look, Up close, Powell said you could see a tain to leak. truck for cleaning up chemical spills. the intelligence was all wrong, it failed The transcript says: the President, you don’t need much It is a signature for a chemical bunker. ‘‘Wasn’t going to work. They would have Quote: more than that to understand some- failed,’’ says Wood. . . . body has to be accountable. We have It’s a decontamination vehicle in case And they reached that conclusion in something goes wrong. to, posthaste, begin to fix that which 2001. failed us. They reported to Secretary Powell’s But again, Mr. Thielmann, who is the I have not heard of all of Mr. Tenet’s office that they were confident the top intelligence person who is pro- presentation; I just heard the high- tubes were not for a nuclear program. viding information to Powell, said: lights a bit ago in which he was defend- And then nothing happened. About a My understanding is that these particular ing the CIA. But let me describe one of year later, when the administration vehicles were simply fire trucks. You cannot the reasons I found Mr. Tenet’s re- was building the case for the war, the really describe [that] as being a unique sig- nature. marks so distressing. tubes were resurrected on the front Last evening I happened to be watch- page of the New York Times. And Mr. In fact, it is interesting, when the ing something on ‘‘60 Minutes.’’ They Wood says: weapons inspectors showed up over were interviewing a gentleman named I thought when I read that there must be there, that is what they discovered, it Greg Thielmann. Mr. Thielmann had some other tubes that people were talking was firetrucks. And in other cir- been in charge of analyzing Iraqi weap- about. I just was flabbergasted that people cumstances, that which was part of the ons threats for Secretary of State were still pushing that those might be cen- slides shown, they were trucks with Colin Powell’s Intelligence Bureau. He trifuges. cobwebs in them and had not been used was the one who, after 25 years, became The New York Times reported that for a long while. There was no evidence the Acting Director of the Office of senior administration officials insisted of weapons of mass destruction.

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S636 CONGRESSIONAL RECORD — SENATE February 5, 2004 So this is a ‘‘60 Minutes’’ presen- of intelligence that gets it right to pro- happened was more than a failure of intel- tation from the last evening, in which tect this country’s long-term security. ligence, it was the result of manipulation of a top intelligence person, with all the To the extent that, as David Kay indi- the intelligence to justify a decision to go to clearances, having seen all the intel- cated, it failed and to the extent that, war. ligence, says Secretary Powell, and as so many others have testified, cir- David Kay: others, would have had the intelligence cumstance after circumstance that was All I can say is if you read the total body to deal with these questions easily. alleged was not accurate, and to the of intelligence in the last 12 to 15 years that This debate is not about pulling Sad- extent now that Mr. Tenet continues flowed on Iraq, I quite frankly think it would dam Hussein out of a rat hole. Saddam be hard to come to a conclusion other than today to seem to believe all was well Iraq was a gathering, serious threat to the Hussein was more than a rat. Saddam and all those who are critical are some- world with regard to WMD. Hussein was an evil man who killed how just plain wrong, America is weak- That is exactly the conclusion that thousands, perhaps hundreds of thou- ened for that. other Members of this body articu- sands. It is the case our country has We will strengthen ourselves when lated. I won’t quote names, but I re- opened mass graves the size of football we understand we must rely on good member several of my colleagues, in- fields, and those graves contain the intelligence. And if we have not re- cluding a Member on the other side of skeletons of thousands and thousands ceived good intelligence, we must fix the aisle, saying pretty much the same and thousands of Iraqis. The world is that system now. It must be done post- thing. much better off because Saddam Hus- haste. It must be job one. There is an President Clinton said almost ex- sein has been apprehended and no urgency for us to take action now to actly the same thing. In fact, in 1998, longer runs the country of Iraq. make certain the next intelligence as- we overwhelmingly passed a resolution But the question for this country— sessment, perhaps an hour from now, to in this body authorizing President and it is an important question—is, try to protect this country will be an Clinton to take action to remove the when the call is made the next time— assessment that is accurate and one Saddam Hussein regime in Iraq pre- perhaps an hour from now, perhaps a upon which we can rely. cisely because of this. The intelligence month from now—to have our intel- The PRESIDING OFFICER. The Sen- that existed then, that existed before ligence community make an accurate ator from Arizona. then, and that existed before our most assessment, will they make an assess- Mr. KYL. Mr. President, I wish to re- recent conflict with Iraq all verified ment that is accurate? Will they fail spond to a few of the comments our what David Kay said was true. us? Will they fail the President? Will colleague from North Dakota has just So far from saying that we got it all they fail our country? This is a very made. I begin with the proposition that wrong, David Kay is saying we were significant issue. it does help to have been on the Senate perfectly justified in taking the action Mr. Tenet’s speech today was not Intelligence Committee or to be a we took. Part of getting it all wrong only defensive, but Mr. Tenet’s speech member of the committee today to would have been the information that failed, in my judgment, to acknowledge conduct a more thoughtful, reasoned we had regarding the violations of the what the country has widely acknowl- discussion of this debate than has gen- U.N. resolutions. What did David Kay edged, starting with David Kay and erally been characterized by the media think about that? others, that the intelligence failed us accounts. He said: with respect to Iraq. And that bothers People in the media tend to try to me a great deal. capsulize everything in an attention- In my judgment, based on the work that Now, I know there will be people who grabbing headline way when in fact in- has been done to this point of the Iraq Sur- vey Group, and in fact, that I reported to you come to the floor of the Senate, and telligence is a very complex, difficult in October, Iraq was in clear violation of the they will say none of this really mat- proposition that needs to be handled terms of Resolution 1441. Resolution 1441 re- ters. Saddam Hussein was a bad guy. and approached in the most cautious quired that Iraq report all of its activities: He was; no question about that. But if and careful manner. one last chance to come clean about what it you say that good intelligence does not I think it is important for those peo- had. We have discovered hundreds of cases, matter, then don’t sleep very well to- ple who have been on the committee based on both documents, physical evidence night because terrorists want to com- or, as the Senator from Missouri sit- and the testimony of Iraqis, of activities mit terrorist acts in this country. Ter- ting next to me noted, currently just that were prohibited under the initial U.N. Resolution 687 and that should have been re- rorists want to kill people in this coun- received briefings as a member of the ported under 1441, with Iraqi testimony that try. The only way we are going to committee—it is important for them to not only did they not tell the U.N. about make certain we protect this country be able to respond when comments this, they were instructed not to do it and is through good, strong intelligence. have been made such as those just con- they hid the material. I worry a great deal about an intel- cluded. Iraq was in clear and material violation of ligence community that does not seem David Kay did not say we got it all 1441. They maintained programs and activi- to be accountable, does not get it right, wrong. I invite anyone who would like ties, and they certainly had the intentions at and no one cares. The President ought to bring to this floor a quotation from a point to resume their program. So there was a lot they wanted to hide because it to be furious about what is happening. David Kay that says ‘‘we got it all showed what they were doing was illegal. I The Congress ought to be apoplectic wrong’’ to do so. He did not say that. I hope we find even more evidence of that. about what is happening. Both should know that is what opponents of the This is what David Kay actually said. demand on an urgent basis a complete, Bush administration wish he had said, One of the arguments made was that, thorough review of what went wrong but he didn’t say that. Let me quote to somehow or other, the CIA and our in- and how to fix it—not tomorrow, not you some of the things he did say. telligence community were pressured yesterday, but right now. I don’t see He was asked a question by Senator by the Bush administration to some- that urgency at all. What I see is the MCCAIN testifying before the House how modify the intelligence to suit President finally getting pushed and Armed Services Committee: their nefarious purposes, the implica- nudged the last couple days, saying: I You agree with the fundamental principle tion being that the administration will put together an independent com- here that what we did was justified and en- wanted to go to war and needed to mission that can investigate intel- hanced the security of the United States and somehow manipulate the intelligence ligence, only under pressure. the world by removing Saddam Hussein from to reach that conclusion. Then we have people who come to the power? Here is what David Kay said about floor and say: There is no problem David Kay: that: here. Saddam Hussein was a bad guy Absolutely. And let me take one of the explanations found in a rat hole. It is better that he But then Senator KENNEDY asked a most commonly given: Analysts were pres- is in jail. question that kind of got to some of sured to reach conclusions that would fit the Every single one of us—Republicans, the points our colleague from North political agenda of one or another adminis- Democrats, the White House, and the Dakota just made. He asked: tration. I deeply think that is a wrong expla- Congress, and especially the American Many of us feel that the evidence so far nation. And never—not in a single case—was people—must rely on a strong system leads only to one conclusion: that what has the explanation, ‘‘I was pressured to do

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S637 this.’’ The explanation was, very often, ‘‘The have come forward and said, ‘‘We did not tell and control that would issue the or- limited data we had led one to reasonably the U.N. about what we were hiding, nor ders. We dropped millions of leaflets on conclude this. I now see that there’s another would we have told the U.N. because we the military commanders of the Iraqis, explanation for it.’’ And each case was dif- would run the risk of our own’’—I think we saying they would be war criminals if ferent, but the conversations were suffi- have learned things that no U.N. inspector ciently in depth and our relationship was would have ever learned given the terror re- they carried out orders to fire those ar- sufficiently frank that I’m convinced that, gime of Saddam and the tremendous per- tillery shells against our troops. at least to the analysts I dealt with, I did not sonal consequences that scientists had to We were surprised when we took the come across a single one that felt it had run by speaking the truth. That’s not to say, Baghdad Airport and they had not fired been, in the military term, ‘‘inappropriate and it’s not incompatible with the fact that the artillery shells. We thought they command influence’’ that led them to take inspections accomplish a great deal in hold- were going to use them. We went to a that position. ing a program down. And that’s where the lot of trouble to take them out. Maybe Some people in saying, well, maybe surprise is. In holding the program down, in we took them out. Maybe we ruined we didn’t get it all wrong, but what keeping it from break out, I think the record is better than we would have anticipated. I their plan with command and control. was the real state of intelligence here don’t think the record is necessarily better Maybe they had gotten rid of them by and did it comport with what we than we thought with regard to getting the then. Maybe they buried them or sent thought we knew—I thought the col- final truth, because of the power of the ter- them to Syria. loquy between Senator MCCAIN and rorist state that Saddam Hussein had. Secretary Rumsfeld testified yester- David Kay at this hearing was most in- The bottom line is that David Kay day that there are about five different teresting. recognizes that, while the U.N. inspec- scenarios that could explain why we Senator MCCAIN: tors found certain things, the inspec- have not found the artillery shells so Saddam Hussein developed and used weap- tions that he performed were even far. David Kay says he is not sure we ons of mass destruction; true? more helpful because of the pressure will ever find them, or that they ex- David Kay: that the Iraqis had been under when isted on the day we went to war Absolutely. Saddam Hussein was in power. But against Iraq. Maybe they had been de- Parenthetically, I would note, this is what David Kay said—if you read all of stroyed, although you would wonder not an answer from a man who is say- the rest of the testimony—was basi- why Saddam Hussein didn’t tell any- ing we got it all wrong because, re- cally this: There are many things we body about it. Maybe they were sent to member, the allegation had been that found about Saddam Hussein’s weapons other countries or maybe they were Saddam Hussein had developed and program. We even found some weapons, given to terrorists. That would be a used weapons of mass destruction. So and we talked to a lot of Iraqis who terrible thing, but we don’t know. he didn’t say: We got it all wrong. He told us that he had every intention of Obviously, we had no evidence that said: Absolutely. reinitiating the programs once the they no longer existed. At one time, sanctions were lifted. Everything was Senator MCCAIN then: they existed. So it is far from David in place for him to do that. Kay saying we got it all wrong; he is He used them against the Iranians and the Kurds; just yes or no. The thing that puzzled David Kay is saying that we got it all right, except— that we had not found the stocks of and I am paraphrasing here—for the David Kay: chemical weapons, primarily. We knew fact that we cannot explain what hap- Oh, yes. that he had artillery shells, some of pened to those weapons, and he won- Senator MCCAIN: which were filled with chemical agents, ders whether they existed when we OK. And U.N. inspectors found enormous and others that could be filled with went to war. quantities of banned chemical and biological chemical agents, and that he had large What does George Tenet have to say weapons in Iraq in the ’90s? stocks of those agents, as well as some about it? Our colleague says that David Kay: biological agents. George Tenet’s comments were defen- Yes, sir. How do we know that is true? Be- sive. Maybe they were a little defen- Senator MCCAIN: cause the Iraqis admitted that and the sive. If you have been the subject of at- We know that Saddam Hussein had once a U.N. inspectors confirmed it. He admit- tack for several weeks about how you very active nuclear program. ted it in 1998. He never explained what got it all wrong, you would be defen- happened to those stocks thereafter. David Kay: sive, too. Now, one would think that when he I found his speech today to be a very Yes. admits that he has the stuff—and we interesting presentation, a careful Senator MCCAIN: know that he used that same kind of presentation about what, in fact, we And he realized and had ambitions to de- weapon before—that if he doesn’t prove knew, why we knew it, and why it velop and use weapons of mass destruction. to us that he got rid of it—in fact, he would not have been prudent for us not David Kay: offers no explanation about where it to take action on it. I thought this to Clearly. is—you have to assume that he hasn’t. be particularly interesting. Senator MCCAIN: It would be imprudent to assume other- One of the things that he said was: So the point is, if he were in power today, wise. To understand a difficult topic like Iraq there is no doubt that he would harbor ambi- So to suggest that David Kay came takes patience and care. Unfortunately, you tions for the development and use of weapons back and said, no, we got it all wrong, rarely hear a patient, careful, or thoughtful of mass destruction. Is there any doubt in that is wrong. What he puzzles about discussion of intelligence these days. But your mind? was why we had not found this stock of these times demand it because the alter- native—politicized, haphazard evaluation, David Kay: artillery shells. Before the military activity was without the benefit of time and facts—may There’s absolutely no doubt. And I think well result in an intelligence community I’ve said that, Senator. taken, all of the Senators were invited that is damaged and a country that is more There is one final thing I would like every day at 9 o’clock to go to the se- at risk. cure area of the Capitol to visit with to talk about that David Kay actually I don’t find that defensive. Rather, I the general and CIA people who briefed said. Senator CLINTON asked him a find it an attempt to try to put this us on the status of the war. Every question at that hearing as follows: discussion into a thoughtful, careful morning, if colleagues will remember, I think that rightly does raise questions way of analyzing where we were right one of the things they briefed us on that we should be examining about whether and where we were wrong, and how to was how close our troops were getting or not the U.N. inspection process pursuant make sure we are as right as possible to the red line—that line around Bagh- to 1441 might not also have worked without in the future. He went on to say: the loss of life that we have confronted both dad—where we had information that among our own young men and women, as artillery with chemical shells could be By definition, intelligence deals with the well as Iraqis. unclear, the unknown, the deliberately hid- lobbed against our soldiers. We did ev- den. What the enemies of the United States David Kay: erything we could to stop that. We hope to deny, we work to reveal. The ques- Well, Senator Clinton, let me just add to bombed warehouses of artillery, and we tion being asked about Iraq in the starkest that. We have had a number of Iraqis who were trying to take out the command terms is, were we right or were we wrong? In

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S638 CONGRESSIONAL RECORD — SENATE February 5, 2004 the intelligence business, you are almost that estimates are not written in a vacuum. from the airliners that would be used never completely wrong or completely right. Let me tell you some of what was going on by the al-Qaida terrorists, and yet with He goes on to detail the information in the fall of 2002. virtually nothing to go on, people are we had about the missile program of He proceeds to detail several kinds of saying the President should have the Iraqis. I would like to say to col- sources that came to the attention of known and done something about it. leagues, with respect to the missile the intelligence community, sources With all of the evidence we had about program, it appears that we got it which provided information which no Saddam Hussein and all of the evidence right. He talks about what we thought rational intelligence leader would have with regard to Iraq, to have ignored we knew, what he told the President ignored: Saddam Hussein calling to- that would have been absolutely irre- we thought we knew, and what we be- gether his nuclear weapons com- sponsible. My colleagues who are criti- lieve is the case of our military ac- mittee—I am not going to go into all of cizing him today for acting would then tions. And with respect to their efforts this detail. He quotes, ‘‘A stream of re- be criticizing him for not acting, I be- to develop missiles that were in viola- porting from a different sensitive lieve. tion of U.N. resolutions, they appear to source’’ that caused the intelligence In a political season, you are darned have gotten that pretty well right. community to advise the President, if you do and darned if you don’t. We His conclusion on that was this, and the Vice President, and others that understand that. But I think it is im- I will quote it: they believed Saddam Hussein was ac- portant, as George Tenet asked us to My provisional bottom line on the mis- tively trying to pursue these programs. do, especially for those of us in the siles: We were generally on target. He said: Senate, especially those of us who He says that because he urges us to So what do I think about all of this today? served on the Intelligence Committee, consider the fact that there is still a Based on an assessment of the data we col- to urge people to approach this subject great deal of information left to be dis- lected over the past 10 years, it would have from a sober, careful, nonpoliticized covered in Iraq. They are nowhere near been difficult for analysts to come to any point of view because lives are at complete in their effort to try to find different conclusions than the ones we stake. what Saddam Hussein had and to ana- reached in October of 2002. We make decisions and the executive lyze how dangerous it was. That is what George Tenet said. You branch and military make decisions With respect to that general propo- can say he is being defensive. I say it is based upon our intelligence. We have to sition, I want to quote this: important for George Tenet to speak make sure that the way we restructure And to come to conclusions before the war out and to explain to the American intelligence, the funding decisions that other than those we reached, we would have people how difficult it is to get intel- we make, and the other things we do had to ignore all the intelligence gathered ligence, what we thought we knew at are not based upon quick judgments, from multiple sources after 1998. the time, what he advised our leaders on political judgments certainly, but He detailed many here. He said: of, what we think we know today. rather are based upon a calm analysis, My provisional bottom line on missiles: We He also noted the fact they have in- a reflection based upon perspective and were generally on target. stituted efforts internally to try to dis- certainly an understanding of the dif- Regarding the unmanned aerial vehi- cover why they didn’t know things per- ficulties that the intelligence commu- cles, he said: haps they should have known, how nity faces. My provisional bottom line today: We de- they can do it better in the future. When you do all of that, I think you tected the development of prohibited and When you combine that with what can come to no other conclusion than undeclared unmanned aerial vehicles. But David Kay said about the fact there what David Kay came to, that George the jury is still out on whether Iraq intended was no evidence that our leadership in Tenet said, the President, the Vice to use its newer, smaller, unmanned aerial any way pressured our intelligence vehicle to deliver biological weapons. President, Secretary Powell, before the community to come to different con- United Nations, that there was a prob- With regard to nuclear weapons, he clusions, you have to stand up to the lem here that could not be ignored. said: people who gathered this intelligence It would be absolutely wrong for any- My provisional bottom line today: Saddam and presented it to the leaders. They body to suggest today that we got it all did not have a nuclear weapon, he still want- maybe didn’t get it all right, but they wrong and that for some reason that is ed one, and Iraq intended to reconstitute a did their best. And with respect to our nuclear program at some point. We have not President Bush’s fault and certainly yet found clear evidence that dual-use items leadership, there is no reason to believe not for anyone to suggest that some- Iraq sought were for nuclear reconstitution. they didn’t treat this information with how or another our leadership misled We do not yet know if any reconstitution ef- the utmost of seriousness and honesty; the American people in order to go to forts had begun. But we may have overesti- that they presented it to the American war. That would be the absolute height mated the progress Saddam was making. people, exactly as George Tenet said of irresponsibility. No President, Re- That is in contrast to what he said today. They presented it in an honest publican or Democrat, I can think of before the first gulf war when he noted way and that it would have been irre- would ever do such a thing. that that colored the way they ap- sponsible of them to have acted any I am disappointed that some—and I proached their analysis with respect to differently, to have presented it any am not referring to anybody in this his nuclear program. differently given the information that body at this point—that some people Then, with respect to a biological had been presented to them. would actually suggest that would be program, he said: I think that had the President, know- the case. But when we talk about the My provisional bottom line today: Iraq in- ing what he now knows and all of this intelligence the way it has been dis- tended to develop biological weapons. Clear- would eventually come out even cussed here today, it leads to that kind ly, research and development work was un- though a lot of it is classified informa- of conclusion. I think that is unfortu- derway that would have permitted a rapid tion, if the President had not taken ac- nate. shift to agent production if seed stocks were tion and, God forbid, something had available. But we do not yet know if produc- I urge all of my colleagues to try to tion took place. And just as clearly, we have happened, a lot of people on the Senate discuss this in a relatively impassioned not yet found biological weapons. floor, in the Senate, around the coun- way, a carefully constructive way so Finally, with regard to the chemical try, and certainly pundits would be working together we can craft the kind weapons, he said: saying: Why did President Bush ignore of policies that will provide for our se- My provisional bottom line today: Saddam these warnings? Why did he ignore curity in the future, protection of the had the intent and capability to quickly con- what the intelligence community came American people, and certainly the vert civilian industry to chemical weapons up with? protection of the people we send into production. However, we have not yet found There are some people who are say- harm’s way to protect us. the weapons we expected. ing that with respect to the attack of 9/ The PRESIDING OFFICER (Mr. I will quote a little more on this 11 when the President had virtually SMITH). The Senator from North Da- point: nothing, in fact, when we had obvi- kota. I have now given you my provisional bot- ously no reason to believe that on Sep- Mr. DORGAN. Mr. President, my col- tom lines, but it is important to remember tember 11 there would be an attack league’s admonition in using care in

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S639 discussing this issue is admirable. Care To suggest that somehow that we Kay’s testimony given to the Senate is exactly what we ought to use when ought not worry about this, that invad- Armed Services Committee: ‘‘Let me we evaluate what has happened and not ing Iraq was fine because Saddam Hus- begin by saying we were almost all happened. sein was an evil man, just changes the wrong.’’ My colleague, incidentally, has just subject. Sure he was an evil man. We Now, this is not about parsing words. made the point that there was intel- found him in a rathole. He was a rat in It is Mr. Kay saying: Look, the intel- ligence that suggested that Iraq posed a rathole. He is a killer, a murderer. ligence was wrong. a threat. And that was exactly my The world is better off because he I say to my colleague from Arizona, point. That is exactly the intelligence doesn’t lead Iraq. That is not the ques- my point is not about the President, it that was represented to this body and tion. is not about the Vice President, it is to the House and to the American peo- The question is what trust, what con- not about Condoleezza Rice or Sec- ple. But it turns out the intelligence, fidence do we have in this country’s retary Powell or Mr. Tenet. It is about the specific intelligence, that was pre- system of intelligence today? Our in- whether this country is well served by sented was wrong. telligence system needs to pore over the current intelligence community. My colleague also, at the start of his information about chatter, about sat- Do they have it right or not? If they presentation, defied anyone to show ellite photos, about raw intelligence to got it wrong, as many suggest they him a quote from Mr. Kay that said he determine who might be planning an have, and it is pretty hard to make the was wrong or we were wrong. I will do attack tonight on an American city, case they got it right, then what do we that. My colleague will likely want to who might be designing right now to do about it? then revise his remarks. My hope is he kill Americans. I want that intel- Mr. BOND. Mr. President, will my might do that. ligence community to get it right. I colleague yield for two quick ques- Here is the front cover of Newsweek want it to be the finest intelligence tions? Mr. DORGAN. I would be happy to this week. Mr. David Kay—and this is community in the world. I am sorry yield for one question and then an- in quotes—says: that I say Mr. Tenet is defensive. I am We were all wrong. other. sorry to have to say that I think he got Mr. BOND. Well, the most important I will go to the inside on page 27, it wrong. But David Kay says it and again a direct quote of Mr. Kay: question and I know this is a very im- others say it. portant debate—the Senator from It turns out we were all wrong probably in All of us in this Chamber depend on my judgment. Maine was hoping to speak on the bill our intelligence community. We spend and I wondered how much longer the This is testimony before the Armed a great deal of money on it. I want the Senator from North Dakota was going Services Committee. On a third point, finest we can possibly have protecting to speak. in the fourth paragraph of his prepared this country. If anyone believes our in- Mr. DORGAN. Well, I do not have a testimony given before the Armed telligence community got it all right, gauge on the tank. In fact, I barely Services Committee, quoting David did just fine, then they ought to sleep came to the Senate expecting to speak Kay: like a baby—go to sleep early and sleep for 5 minutes and then the Senator Let me begin by saying we were almost all late and have a great night’s sleep. But from Arizona piqued my interest and I wrong. if they believe, as Mr. Kay does—and, decided I had to go find some quotes My colleague challenged someone to yes, that is what he believes. I have and respond to his presentation. I know come up with a quote. There are three quoted three different occasions where the Senator from Maine has been here of them, and my hope is the record he said we got it wrong, and if someone awhile, and I will not be much longer. might at least stand on direct quotes believes, as many respected foreign Mr. BOND. If the Senator will yield that are presented here before a com- policy thinkers and intelligence think- for one additional question. mittee of the Senate. ers do believe, that there is something Mr. DORGAN. I would be happy to If one dare whisper these days—just wrong, something significantly wrong yield. whisper—about these issues, it is per- that we need to address, then we ought Mr. BOND. Does the Senator realize ceived as a frontal assault against the to join together, Republicans and all the rest of the Intelligence Com- President of the United States. That is Democrats, and not worry about who mittee is in S–407 receiving a 300-page sheer, utter nonsense. might be criticized, just decide we are report compiled over 8 months by the The question before this body and going to fix it. That is our job. entire staff of the Intelligence Com- this country, in my judgment, is if the It is not our job to protect the Sen- mittee, after over a couple of hundred top weapons inspector appointed by ate, to protect the President. It is our interviews and reviewing tens of thou- this President goes to Iraq and comes job to protect this country. I worry a sands of documents, which goes right back to us and says that body of intel- great deal about what is going on. My to this question and which we in the ligence that was given us, given our colleague went far afield and made a committee will be working on and try- country, given our Congress before we defense of the Iraq resolution. Well, a ing to present either in classified or we went into Iraq was all wrong, we have good many of us in the Senate and in hope mostly unclassified material so an obligation to address that issue, not the Congress voted for that resolution. we can carry on this debate? Is the later, but now. We have an obligation Now we discover Mr. Kay suggests the Senator aware that the reason there not to try to protect someone in the intelligence got it all wrong, the basis are not members of the Intelligence administration or in Congress. We have for that resolution got it all wrong. Committee here is that they are get- an obligation to protect the American Mr. KYL. Will my colleague yield for ting that information right now? Is the people not later, but now. one moment on that? Senator aware of that? I am not on the Intelligence Com- Mr. DORGAN. I would be happy to Mr. DORGAN. Mr. President, I am mittee. I have deep admiration for all yield. aware of that. I might say I have high who do serve, Republicans and Demo- Mr. KYL. I really do appreciate that. hopes that that study, which has been crats. But I would hope, just as one I think what the Senator referred to underway for some long while, will be Member of the Senate, that the most and what he read was that Mr. Kay helpful to us. I must say also that significant energy in this body to fol- said: We all got it wrong. But he did there is a portion of the study that is low where this string leads and try to not say: We got it all wrong. a black hole. The study that is going determine what is wrong, what hap- Mr. DORGAN. Reclaiming my time. on up there and will be released deals pened, what persuades Mr. Kay to come Mr. KYL. Go right ahead and read only with the gathering of intelligence, and say, ‘‘It turns out we were all that again. That is the distinction I which I think shortchanges this Senate wrong,’’ I would expect my colleagues would make. We did get one thing and the American people, because it on the Intelligence Committee, with- wrong. We cannot find the weapons. does not deal with the use of that intel- out respect of politics, just to follow Mr. DORGAN. With due respect, and ligence. But we can deal with the issue that string to find out what on Earth I have great affection for my colleague of the use of intelligence at another happened and how do we fix it imme- from Arizona, he has it wrong. Let me time. I wish it had been done in the diately. read from the fourth paragraph of Mr. same report.

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S640 CONGRESSIONAL RECORD — SENATE February 5, 2004 Again, this issue of intelligence is ommendations for curing the problems when it was first constructed, for some critical to this country’s protection we find. reason stopped at Houlton, ME, rather and security interests. I believe that is I hope now we can turn back to the than going through Aroostook County something on which we would agree. SAFETEA bill, S. 1072, which is very to the Canadian border. For that rea- We share that understanding, and my important. I appreciate the patience of son there have been economic develop- hope is that up in 407—the Senator the Senator from Maine. ment projects underway for some time, from Missouri refers to a room in the The PRESIDING OFFICER. The Sen- calling on us to construct a north- Capitol Building that is a room where ator from Maine. south highway to the Canadian border. the Intelligence Committee meets. It is Ms. COLLINS. Mr. President, as the This project has been funded through a room where top secret briefings are Senate begins consideration of the the preconstruction stages and is cur- given. One of the things that persuaded transportation legislation, let me first rently undergoing the necessary review me to come to the floor this afternoon commend the distinguished managers to complete the required environ- is I have sat in that room. I have sat in of this bill, Senator INHOFE, Senator mental impact statement. that room with a neon sign that says BOND, Senator JEFFORDS, and Senator Northern Maine desperately needs ‘‘top secret’’ up on top flashing, and I REID for their efforts to bring this vital the transportation and safety improve- have had the very people who devel- 6-year reauthorization bill to the Sen- ments such a highway would bring. For oped this intelligence assessment look ate floor. I particularly wish to recog- this reason I have made it my top me in the eye and give me information nize the efforts of Senator BOND. He transportation priority since being that I now know to be wrong. That has been a tireless champion of im- elected to the Senate in 1996. I hope the bothers me a lot. proving the transportation infrastruc- higher funding levels authorized by I do not know how that happened. I ture in this country. He has worked this legislation will enable the State of do not know whether it was just bad night and day to craft a well-balanced Maine to continue moving this vitally collection of data, bad interpretation bill. I hope we can move forward in important project forward to the con- of data, or misuse of data. I do not considering this bill without undue struction phase. have the foggiest idea, but I am saying delay. Just as I believe that the Aroostook This legislation would be very bene- this, that as one Senator I have been highway project is critical for the ficial for the people of Maine and for sitting in that room, I have asked di- transportation system and the econ- our national economy. Nationwide, our rect questions, and I have had people omy of northern Maine, I also believe transportation system is the lifeblood look me in the eye and give me an an- that an east-west highway, potentially of economic development, the catalyst swer that I now know to be wrong. I running from the maritime provinces for the creation of thousands of jobs. think most Senators who have had that in Canada through eastern, central, Our transportation system affects our experience are concerned about it. and western Maine, to Quebec and competitiveness, both within the I say to the Senator from Missouri, northern New York State would sig- United States and competing inter- because I do not know whether he nificantly boost economic growth, job nationally. heard me say it, I have great admira- creation, and development throughout For our economy to prosper, we need tion for those who serve on the Intel- the entire region. This is an important an integrated modern transportation ligence Committee. I do not serve transportation project, not only for system that realizes our goal of cost-ef- there. I do not profess to be an expert that region of Maine but also for our fective and efficient modes of transpor- in intelligence or foreign policy, but all Canadian neighbors. of us have an obligation to be as in- tation while also recognizing the need Maine, like many other States in the formed as possible about all of these for continued progress in improving Northeast, is facing an aging transpor- issues. the quality of our air. That is why I tation infrastructure. It requires main- I expect the most aggressive Mem- have not only supported funding for tenance, rehabilitation, and in some bers of this Senate, following the trail our highways and our bridges, but also cases outright replacement. The most of where this leads, to be those who I have advocated increased Federal urgent example of this problem is the serve on the Intelligence Committee. If funding for mass transit, for passenger Waldo-Hancock Bridge, a major sus- Mr. Kay truly believes we got it all rail initiatives, and alternative means pension bridge that carries U.S. Route wrong, quote, unquote, then I would ex- of transportation as well. 1 over the Penobscot River, south of pect the Intelligence Committee to In a large rural State such as Maine, Bangor, and acts as a gateway to lead the way in finding out why that an effective transportation network is downeast Maine, one of the State’s happened and how we get to a point absolutely essential. Maine has 1.3 mil- most widely visited regions. where we never have that assessment lion people spread out across roughly again when it comes to this country’s 34,000 square miles. Our State has by The nearest alternative for crossing vital national interests. far the lowest population density in all the Penobscot River is some 20 miles Again, my colleague from Maine has of New England. Consequently, con- away in Bangor, and any interruption been patient and I would not have spo- tinuing to upgrade and improve our in the service would thus require a de- ken at this length except that I was in- roads, highways, and bridges is essen- tour of at least 40 miles. trigued and interested by my colleague tial to Maine’s future prosperity. It is Unfortunately, due to safety con- from Arizona. also a vital part of the economic strat- cerns, last summer the State Depart- So I yield the floor. egies in our State that are aimed at in- ment of Transportation had to lower The PRESIDING OFFICER. The Sen- creasing job opportunities for all of our the weight limits for vehicles using ator from Missouri. citizens. this bridge. The condition of the bridge Mr. BOND. Mr. President, I will take It is my hope that the Federal fund- has been declining steadily for a num- less than 1 minute, because I do not ing that is included in this legislation ber of years, and despite efforts by the want to excite my friend any further, will support a strong partnership with State to rehabilitate the existing to say that all of us on the Intelligence the States that will allow us to build, structure, it has now become evident Committee not only share the commit- repair, and maintain our surface trans- that the bridge must be replaced as ment to getting to the bottom of what portation system into the 21st century. soon as possible. went on, but we also know that David The bill would also allow us to pur- While providing States with adequate Kay said it was absolutely right and sue some high priority transportation funding to move forward with high pri- prudent to go into Iraq because it was projects over the next 6 years. For ex- ority projects such as the east-west more dangerous than we knew in cer- ample, as a native of Aroostook County highway, the Hancock-Waldo bridge, tain areas. I hope the report we issue in northern Maine, I understand how and the Aroostook highway, as well as will answer questions that I and the important it is to construct a north- the funding of other more routine high- other members of the Intelligence south highway, a modern limited ac- way and transit projects as a major Committee have raised and that all cess highway through Aroostook Coun- focus of this legislation, I also see this Members of this body ought to be rais- ty. This project has been in the works bill as an opportunity to address some ing, and that we will provide some rec- for more than 20 years. The interstate, important transportation safety issues.

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S641 The most pressing transportation safe- tional transportation programs, I am sistance for those regions that rely ty issue in my State has to do with also pleased that it includes increased heavily on mass transit but whose Federal truck weight limits. funding for both transportation en- aging infrastructure needs repair and Under current law, trucks weighing hancements and the Recreational modernization. as much as 100,000 pounds are allowed Trails Program. Both have allowed If anybody were to deny that a prob- to travel on Interstate 95 from the bor- States to greatly expand their bicycle lem exists in this regard, I would urge der of Maine with New Hampshire, to path systems. them to read an article which appeared Augusta, our capital city. At that In Maine, for example, 94 bicycle in yesterday’s Stamford Advocate enti- point, right before Augusta, trucks paths and pedestrian walkways have tled ‘‘Metro-North Struggles To Keep weighing more than 80,000 pounds are been built with funding from these spe- Cars in Service.’’ It describes how a forced off Interstate 95, which proceeds cial programs. combination of cold weather and aging north to Houlton. Heavy trucks are I also believe that it is in our na- railcars has knocked one-third of the forced onto smaller, secondary roads tional interest to pursue and strength- aging New Haven Line out of service that pass through our cities, our towns, en passenger rail services in the United for several weeks. and our villages. States and to help maintain the sol- In fact, about 37 percent of the New Augusta is an example of the prob- vency of Amtrak, even as we put re- Haven Line is out of service for main- lems this creates. When the trucks forms in place. Currently, there is no tenance. The Metro-North Line has leave the interstate, they frequently long-term stable funding source for lost 230 out of its 800-car fleet for re- travel down Western Avenue to en- passenger rail in the United States. pairs. Thousands of commuters in Con- counter two heavily traveled traffic Since 1971, when Amtrak was created, necticut rely on this service to get to circles. These traffic circles have some $25 billion has been spent on passenger and from work, travel to and from of the highest accident rates in our rail. This contrasts sharply with the school, and to see their families. State, and having these large, heavy $750 billion that has been invested in The legislation devotes significant trucks travel through the congestion of our highways and aviation. resources to the Job Access as well as Western Avenue, around these two As the Senate moves forward in con- the Elderly and Disabled transit pro- traffic circles and then continue on sidering a wide range of transportation grams, which have been successful in secondary roads poses a serious safety issues and funding questions in this providing transportation services to threat. vital bill, I look forward to working many of the most vulnerable members A uniform truck weight of 100,000 with all of my colleagues to make sure of society. Such transportation serv- pounds on all of Interstate 95 in Maine we pursue the goal of ensuring that our ices enable low-income individuals, as would reduce highway miles and travel roads, our highways, and bridges are well as senior citizens and the disabled, times necessary to economically and able to meet the needs of our citizens to have access to jobs, education, and efficiently transport freight through- training, which ultimately fosters self- and commerce as we move forward in out Maine that would result in both sufficiency and improves their quality the 21st century. economic and environmental benefits. Thank you, Mr. President. I yield the of life. Moreover, Maine’s extensive network The transit title also includes funds floor. of State and local roads would be bet- to small communities with significant Mr. DODD. Mr. President. I rise in ter preserved without the wear and transit infrastructure that currently support of the transit amendment to tear of heavy truck traffic. But most do not qualify under existing formula the highway funding bill. importantly, as I indicated with my ex- programs. Many cities in Connecticut As a member of the Banking Com- ample of the traffic circles in Augusta, and throughout the region could ben- mittee, I commend Chairman SHELBY, ME, a uniform truck weight limit on efit from this program. Senator SARBANES, and their staffs for the interstate would keep trucks on Finally, I am pleased that the transit their hard work and their willingness the interstate, which is designed to amendment includes language I au- to reach consensus on this important handle heavy trucks. That is where thorized to promote the establishment measure. they belong rather than on the roads of medical access programs. Many I also commend members of the Fi- and highways that pass through Americans lack transportation services nance Committee for also discharging Maine’s cities, towns, and neighbor- to take them to the hospital to see a their duty to fully finance the transit hoods. doctor, get medication, or undergo di- Maine’s citizens and motorists are spending authorized in the budget. Our alysis. needlessly at risk because too many Democratic leader, who also sits as a Often their only choice is to call an heavy trucks are diverted from the member of that committee, was par- ambulance, even if it is not truly a interstate and onto local roads. ticularly helpful in that regard. medical emergency, because such serv- Senator SNOWE and I have an initia- The legislation passed yesterday by ices are reimbursed under Medicare. By tive to deal with this issue. We hope to the Banking Committee was no easy encouraging community transit sys- work closely with the managers of the achievement. The members of the tems to establish medical access pro- bill to address this very important Banking Committee have different grams, we can reduce costs to Medicare traffic safety issue. transit needs for their States. There while serving as a lifeline to those With 3,400 miles of coastline and 14 are some Senators on the Banking Americans in need of health care. inhabited islands, there is another very Committee from mostly rural States, I am hopeful that more progress can important feature of transportation others from States with largely urban be made to increase our investments in that affects my constituents. The Fed- centers, and others whose States have mass transit. I am grateful to Chair- eral Highway Administration’s Ferry a combination of both. man SHELBY and Senator SARBANES for Boat Discretionary Program is vitally The transit title, which was unani- listening to other Senator’s concerns important to the Maine State Ferry mously approved yesterday in the throughout this process, and I look for- Service and the Casco Bay Island’s Banking Committee, goes a long way ward to working with them as this leg- Transit District, which provide critical toward balancing these needs. Al- islation moves forward. transportation services to Maine’s is- though this legislation is not perfect, I as unanimous consent to print the land communities. I have joined with it does come close to achieving a na- article to which I referred in the my colleague, Senator MURRAY, and a tional transit policy, which is a goal I RECORD. bipartisan group of Senators in spon- believe was not achieved in the high- There being no objection, the mate- soring the Ferry Transportation En- way funding portion of the bill. rial was ordered to be printed in the hancement Act, which would signifi- The transit bill has a number of im- RECORD, as follows: cantly increase funding that is avail- portant provisions: [From the Stamford Advocate, Feb. 4, 2004.] able for ferry projects. We hope to pur- It provides $56.5 billion for mass tran- METRO-NORTH STRUGGLES TO KEEP CARS IN sue this proposal as the debate on this sit over the next six years. This SERVICE important legislation continues. amount is a significant investment for (By Katherine Didriksen) While this highway reauthorization the future. I am hopeful that more Metro-North Railroad is bracing for an- legislation includes funding for tradi- progress can be made to increase as- other bout of wintry weather today while it

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S642 CONGRESSIONAL RECORD — SENATE February 5, 2004 struggles to fix widespread equipment prob- day: In the morning rush hour, the 6:42 a.m. Is this a perfect bill? No, indeed. lems caused by recent bitter cold and drift- train from New Haven, due in Stamford at There are many things I would like to ing snow. 7:30 a.m. and arriving at Grand Central at see changed. For example, I strongly The railroad has been unable to run a reg- 8:18 a.m.; and the 7:37 a.m. train out of Port agree with the comments made by Sen- ular schedule during peak morning and Chester, N.Y., due in Grand Central at 8:20 evening hours for several weeks as more a.m., are canceled. ator VOINOVICH about the need for addi- than one-third of its aging New Haven Line During the evening rush hour, many trains tional streamlining so that projects fleet has been knocked out of service. departing Grand Central will be combined or can get off the ground faster. ‘‘(The railcars) are just dying faster than canceled: For my own State, I would like to see we can fix them,’’ Metro-North spokeswoman The 4:11 p.m. train from Grand Central to greater flexibility in a number of Marjorie Anders said. ‘‘It’s cumulative.’’ South Norwalk and the 4:16 p.m. train to areas. I would also like to see greater Heavy electrical components, including New Haven are combined, departing at 4:16 recognition given to the fact that my traction motors and motor alternators, are p.m. particularly hard-hit by extreme cold and The 4:49 p.m. train from Grand Central to State is far behind all the others in dusty snow, she said. New Haven will terminate at Stamford. Cus- road miles, and that lack is holding Trains have had decent on-time perform- tomers for stations east of Stamford must back not only our economy but lim- ance despite the car shortages, but cus- take the 5:01 p.m. train. Darien passengers iting our ability to contribute to the tomers will face standing-room-only condi- must take the 5:04 p.m. train to Danbury. Nation as a whole. This bill does not tions all week, Anders said. The 5:09 p.m. train from Stamford to New address that fact to satisfaction. Metro-North has lost 230 railcars out of its Canaan and the 5:26 p.m. train to New By the same token, I understand that 800-car fleet to repairs. The railroad reached Canaan are combined, departing at 5:26 p.m. a high of 217 disabled railcars on Jan. 21. On The 5:23 p.m. train from Grand Central to many of the donor States want to see the New Haven Line, 126 of 342 railcars, or Bridgeport and the 5:28 p.m. train to South more of their highway fuel tax dollars about 37 percent, are out of service for main- Norwalk are combined, departing at 5:28 p.m. returned to them, and returned faster. tenance. The 5:44 p.m. train from Grand Central to I cannot blame them. At the same On an average day, 50 to 60 cars are out of Bridgeport and the 5:49 p.m. train to South time, I want to remind my colleagues service for maintenance, Federal Railroad Norwalk are combined, departing at 5:49 p.m. of this very important fact: This bill is Administration-mandated inspections or The 6:37 p.m. train from Grand Central to major repairs, said Harry Harris, chief of the not about my roads or your roads. This Harrison, N.Y., and the 6:40 p.m. train to bill is about our roads. Connecticut Department of Transportation’s Stamford are combined, departing at 6:40 bureau of public transportation. p.m. We are all in this together. Let’s not ‘‘You never run 100 percent of your fleet. The 7:07 p.m. train from Grand Central to forget that fact. You can expect to have about 18 percent out Harrison and the 7:10 p.m. train to Stamford The bill before us will increase every for one reason or another,’’ he said. ‘‘When are combined, departing at 7:10 p.m. State’s minimum guarantee to the 95 you start reaching 80, 90, 100 cars, you are For additional information, customers can percent level they have long sought. cutting in substantially to the fleet.’’ consult www.mta.info. Today’s forecasted wintry mix offers the And it will ensure that every State will railroad little time for repairs and presents Ms. MURKOWSKI. Mr. President, I see a significant increase in real dol- other challenges. Cold and freezing rain appreciate the opportunity to say a few lars, an average increase of over 35 per- causes problems with equipment on the words about the highway bill. This leg- cent. ground, including track switches, Anders islation is of immense importance not We cannot afford not to move for- said. only to my State of Alaska, but to the ward. Trains on the New Haven Line will con- Nation as a whole. It is unlikely that In the last decade, travel on the Na- tinue to run under a speed restriction over- this Congress will do anything of great- tion’s highways increased almost 30 night to reduce stress on the overhead cat- er importance for our economy. enary wires that become brittle and taut in percent. By 2020, projections indicate the cold, she said. We all know that if our economy is travel will increase by another 50 per- ‘‘It’s getting pretty bleak,’’ said Jim Cam- our strength, transportation is our cir- cent. Those number don’t just indicate eron, vice chairman of the Metro-North- culatory system. Without it, we cannot a need; they demand a response. They Shoreline East Rail Commuter Council. function. And make no mistake, we are demand that we move forward on this ‘‘They absolutely are desperate for capacity not keeping up with the task. bill. now.’’ Thirty-two percent of our major I yield the floor. Commuters are getting increasingly angry roads are in poor condition. Twenty- Mr. INHOFE. Mr. President, I suggest and upset, he said. ‘‘My frustration is that they still don’t un- nine percent of our bridges need re- the absence of a quorum. derstand the enormity of the situation or placement or repair. Urban rail and bus The PRESIDING OFFICER. The who’s at fault,’’ Cameron said. ‘‘Commuters systems are in equally poor shape. clerk will call the roll. don’t like being kept in the dark, and they According to the Department of The assistant legislative clerk pro- don’t like being lied to.’’ Transportation, we should be spending ceeded to call the roll. The lack of communication lies on Hart- over $100 billion per year on highways Mr. SHELBY. Mr. President, I ask ford’s shoulders, rather than on the railroad and over $20 billion per year on transit. unanimous consent that the order for or the state DOT, he said. Extreme weather is exacerbated by the But we cannot do that. We are con- the quorum call be rescinded. state’s aging equipment. The bulk of the strained by reality. The components of The PRESIDING OFFICER (Mr. COR- New Haven Line fleet was commissioned in the Senate bill will approximate only NYN). Without objection, it is so or- 1973—an average train lifespan is about 20 half that amount. dered. years—and the catenary wire system was That is deeply disappointing to the Mr. SHELBY. Mr. President, what is built in the early 1900s. Nation’s 12,500 road construction con- the pending business? ‘‘It’s a real challenge to keep all this tractors, and it is deeply disappointing The PRESIDING OFFICER. S. 1072 is equipment going,’’ Harris said. Repairs are the pending business. complicated by a lack of maintenance space to all our States and to their municipal and replacement parts, he said. governments, and to all our constitu- AMENDMENT NO. 2269 WITHDRAWN Connecticut also hosts the only commuter ents. Mr. SHELBY. Mr. President, I think railroad service that runs a dual-powered We do not live in a perfect world. And I have an amendment pending. system of third-rail and overhead catenary given that reality, our job is to pass The PRESIDING OFFICER. Amend- wires, Harris said. A new car that fits the the best bill we can possibly pass. ment No. 2269 is pending. dual-powered system has a price tag of $4.5 It was no easy task to develop the Mr. SHELBY. Mr. President, I ask million, he said. ‘‘There is no quick solution, barring some bill before us today. We owe a tremen- unanimous consent that I be allowed to kind of an economic miracle,’’ Harris said. dous debt of gratitude to the leaders of withdraw the amendment. Commuters are not likely to see funds for the Environment and Public Works The PRESIDING OFFICER. Without new railcars until 2006, he said. Committee for their efforts, and to the objection, it is so ordered. In the meantime, Metro-North and the leaders of the other committees nec- Mr. SHELBY. Thank you. state DOT are merely looking to survive the essary to make this bill a reality. No I suggest the absence of a quorum. winter. one could have worked harder and ‘‘The worst-case scenario is no service,’’ The PRESIDING OFFICER. The Anders said. ‘‘We’re not even close to that.’’ longer than Senator INHOFE, Senator clerk will call the roll. The railroad alerted passengers to the fol- JEFFORDS, Senator BOND and Senator The assistant legislative clerk pro- lowing timetable alterations through Mon- REID. ceeded to call the roll.

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S643 Mr. VOINOVICH. Mr. President, I ask cially Gordon Proctor, Tim Hill, and portation, which has to enforce the unanimous consent that the order for Michelle Holdgreve, for their tireless law. The result has been needless con- the quorum call be rescinded. effort. They have worked very hard fusion, significant delays, and high The PRESIDING OFFICER. Without with us on this amendment. The hard cost for issues that defy common sense. objection, it is so ordered. work by all these interested groups What we are talking about here is com- Mr. VOINOVICH. Mr. President, I un- have led to this carefully crafted com- mon sense. derstand that if I ask that the amend- promise amendment that I believe will In my State of Ohio, for example, a ments be set aside so I can send an go a long way in expediting the time privately owned barn was considered amendment to the desk and ask for its and decreasing the cost of transpor- eligible for the National Register of immediate consideration, there is an tation construction projects. Historic Places. It was in the path of a objection to that; is that correct? This amendment addresses section needed road improvement. Let me clar- The PRESIDING OFFICER. There 4(f). Section 4(f) of the Department of ify that the barn was eligible because has not yet been an objection. Transportation Act of 1966 prohibits it was more than 50 years old. Soon, we Mr. VOINOVICH. I did not hear the the Department of Transportation won’t be able to do any improvements Chair. from approving any highway project because sidewalks will be 50 years old The PRESIDING OFFICER. There is that uses publicly owned land or a his- in this country. After considerable not yet an objection. toric site of national, State, or local delay, needless studies, and signifi- Mr. INHOFE. If the Senator will significance, unless, one, there is no cantly increased costs, a decision was yield, it is my understanding that prudent and feasible alternative that made to avoid the barn. The road im- there will be an objection. avoids such resources or causes less provement was rerouted and the barn Mr. VOINOVICH. Mr. President, it is harm to them, and, two, the project in- protected. This is the barn in this unfortunate that we have an objection cludes all possible planning to mini- photo that we were protecting because to further amendments so that we mize harm to those resources. it was over 50 years old. Look at that. can’t set aside some of those that have If publicly owned land or a historic The cost to reroute this was $100,000 been here and we are not making the site is chosen for use in the project, an and 4 months of delay. Anybody who kind of progress I think we should be evaluation must demonstrate that the knows about highway projects knows making on this bill and that some in use of other alternatives would have that for every day of delay, it costs this body will not allow us to make resulted in unique problems. ‘‘Unique money. Time is money. However, the progress and consider a germane problems’’ are present when there are barn fell down due to owner neglect a amendment that has broad support. truly unusual factors, or when the few years later. What I am going to do is file the costs to the community’s disruption amendment and hopefully get to it in reach ‘‘extraordinary magnitude.’’ This The point is that, while transpor- due course. test was introduced in Citizens to Pre- tation planners have to do all they can Two days ago, I came to the floor to serve Overton Park v. Volpe, referred to protect something that is ‘‘eligible’’ express my support for this bill. I to as the ‘‘Overton Park criteria.’’ for the register, the private owner of praised the managers for their work in Section 4(f) was developed in the late the place, or even another Federal putting this compromise together. I 1960s to address a real problem. Con- agency, can destroy it without sanc- said that the bipartisan spirit of this struction of the Interstate Highway tion. That just doesn’t make any sense. bill led me to believe we could actually System was at its peak, and these Section 4(f) was enacted in 1966, 37 get something accomplished, which is projects took the path of least resist- years ago. It only applies to the U.S. contrary to the predictions of many ance, which, in many cases, was park- Department of Transportation, not any people for this session of Congress. I land because it was easy to acquire and other Federal agencies. It is an ex- even borrowed from one of my models cheap to build through. tremely stringent law that has been in- when I was Governor: Together we can The passage of section 4(f) was in- terpreted by the courts, as they say, in do it. And together we can. We can get tended to protect parks and historic vastly different ways. this bill passed if we have enough folks sites that could be adversely impacted While it was created with good inten- who are willing to compromise and un- by construction of the Interstate Sys- tions and at a time when the law was derstand there is an enormous need to tem. We all understand that. That arguably needed, U.S. DOT and State deal with the infrastructure problems makes sense. departments of transportation have be- and challenges of our country and also Today, however, highway projects come good stewards of the environ- understand the need for the jobs this are more likely to involve maintenance ment. bill will create in our respective and modernization of the current sys- One of the things that happens in States. tem. The problem is that section 4(f), Washington is we give no credit at all Today and yesterday we have seen, which basically prohibits all use of pro- to State organizations or local organi- however, that some do not want to tected resources, is difficult to apply to zations, in terms of their concern work in a bipartisan manner and pass projects that would have some, but not about the environment. So often, we this bill which will put hard-working significant, impact on a protected re- think we are the only ones who really Americans back to work and jump- source. Yet this law has never been care about the environment. start our sluggish economy, particu- amended since its creation almost 40 larly in States such as Ohio. This is the years ago. We need to address our at- Section 4(f) requirements have been case even though 75 Members voted to tention to that. identified by State departments of invoke cloture and proceed to the bill. When highway projects have resulted transportation as a significant deter- Sadly, until this logjam is broken, we in litigation, section 4(f) has been a fre- rent to timely environmental reviews can’t even make progress on issues of quent cause. Moreover, inconsistent in- of transportation projects. The require- broad agreement. terpretation of the Overton criteria has ments to avoid section 4(f) resources Regardless of these difficulties, I am been identified as one need for changes applies in all cases, even when the im- pleased to announce that this amend- in section 4(f) to allow for a more bal- pact is minor, resulting in situations in ment represents an agreement reached anced interpretation of its require- which a minor historic property is pro- by the transportation community and ments. One of the reasons for this liti- tected at the expense of other more the historic preservation community. I gation is the subjective terms used in sensitive environmental resources or greatly appreciate the work of the the law: ‘‘prudent and feasible,’’ ‘‘all communities. many groups that worked on this possible planning to minimize harm,’’ In April of 2003, the General Account- amendment, including the National ‘‘unique problems,’’ and ‘‘extraordinary ing Office reported the transportation Trust for Historic Preservation, Pres- magnitude.’’ stakeholders consider section 4(f) re- ervation Action, the American Associa- I will tell you, these provisions are a views as burdensome and inflexible and tion of State Highway and Transpor- lawyer’s dream and a nightmare for the that alternative approaches could pro- tation Officials. I commend the Ohio courts that have to interpret it and the tect historic properties and take less Department of Transportation, espe- States and U.S. Department of Trans- time to reach resolution.

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S644 CONGRESSIONAL RECORD — SENATE February 5, 2004 In that report, a large majority of adversely affect the activities, fea- opment process, the best alignment for the stakeholders indicated that his- tures, or attributes of the resource, and a four-lane highway was found to be toric property protections under sec- there is written concurrence from the through the property and would sepa- tion 106 of the National Historic Pres- officials with jurisdiction over the re- rate the historic house from the rest of ervation Act of 1966 offered a more source. The amendment also requires the farmstead. However, through co- flexible mediation process. This law re- public notice—the public knows all ordination with historic preservation quires that Federal agencies consider about this; there is nothing under the groups, the highway was realigned so the effect of properties either in or eli- table—and public comment on the that it would cross in front of the gible to be in the National Register of process. So we vet this decision so ev- house, impacting only a small strip of Historic Places. It brings all parties erybody knows what is going on. land at the front edge of the property. into the discussion and allows for bet- What is good about this amendment Everyone involved thought it was ter outcomes that preserve the goals of is it allows for better community out- great. Then came section 4(f). Section the transportation project, while pro- comes. This amendment would require 4(f) required total avoidance of this tecting historic properties. This con- the Secretary, when making a finding historic farmhouse. The result was less cept is included in this compromise of de minimis impact, to consider all desirable, more costly, and required amendment. ‘‘avoidance, minimization, mitigation, the acquisition and removal of a home We are using something with which and enhancement measures’’ that have that was not historic. people are familiar. It worked in other been incorporated into the project. The In the end, the family whose home places and it can work in terms of language serves an important function: was to be relocated bought the historic highway construction. It builds in an incentive for projects’ house from the contractor, tore down Currently, section 4(f) does not pro- sponsors to incorporate environ- the old house, and relocated their mod- vide exceptions for impacts with no ad- mentally protective measures into a ern house where the historic house had verse affect or even a beneficial effect. project from the beginning, in order to stood. For example, in Ohio, a new highway support a finding of de minimis impact. Let’s think about this. This is a pic- ture of the historic house. What hap- project adjacent to a publicly owned Otherwise, the resource would be pened was, they wanted to take a little golf course was being constructed, and avoided and the project would move piece of this property, but oh, no, the golf course asked if work could be forward without providing any of the under section 4(f), you can’t do that. performed to alleviate persistent flood- associated benefits to the community. ing. However, the work would have re- In addition, the amendment requires Oh, no. So they went across the street to a house more modern and said: We quired a section 4(f) study. As a result, the Secretary to promulgate new regu- are going to take your property. These the work wasn’t performed and the golf lations to determine standards to de- people had to relocate their house. course still floods to this day just be- fine whether avoiding a protected re- They relocated their house. Do you cause of this 4(f). source is prudent and feasible. In more extreme cases, projects with The purpose of this amendment is to know where they relocated it? They tore the old house down and relocated very minor impacts on protected sites achieve greater clarity and consistency the modern house to where the old have had to be realigned at high social, with regard to the application of the house was located. environmental, and economic costs. Overton Park standard in a variety of That is the kind of result we get from The peculiarities of the law led to well- circumstances. Let me provide some section 4(f). It is understandable that documented, unintended consequences. examples of problems with the section this needs to be changed. The confusion over existing law and 4(f). I have already done one. Let’s look This is a compromise amendment problems with delays has led to several at others. that has broad support and will correct attempts at remedies. AASHTO, the or- In Pennsylvania, the State depart- a problem that has plagued State and ganization that represents all 50 State ment of transportation had to make a local officials for nearly 40 years. It is transportation departments, voted highway improvement. This project re- time for this inflexible and outdated unanimously to reform section 4(f). quired that one of two farms near each law to be fixed. Section 4(f) is also one of the highest other be sacrificed. One of them was an I congratulate all involved on this priorities of our own U.S. Department inactive farm eligible for the registry work. Again, historic preservation of Transportation, which proposed that was barely maintained and its groups came together and said: This is changes to section 4(f) in its surface owner lived out of State. The second crazy; let’s see if we can work some- transportation reauthorization pro- was a working farm owned by a man thing out. And they did it. posal, SAFETEA, which is what we and his two sons who were actively I think it is unfortunate this amend- worked off when this bill was being put working the land. ment will not be considered today. As I together. The owner of the second farm in- said, it has broad support. This amendment remedies many of tended to pass the land down to the I wish to say one other thing about the problems with section 4(f). While family to continue the farming oper- the highway bill. There is no question many groups would have preferred ation. Section 4(f) forced the State de- that there is an overwhelming need for greater reform, the final text is a com- partment of transportation to demolish this legislation. In fact, if you look at promise that satisfies major stake- the nonhistoric farm, even though it the needs that have been projected by holders in this debate. Again, this was was actively being farmed and planned the Department of Transportation, the a compromise between a lot of groups, to be part of the family’s livelihood for amount of money we are spending including transportation, environ- years to come. In the end, the historic doesn’t meet the need, but it is a rea- mental, and historic preservation farm was bought and developed. sonable compromise to start to address groups. This is ridiculous. Section 4(f) led to forthrightly some of the problems I Specifically, the amendment states the destruction of both farms. It forced have in Ohio, you may have in Texas, that section 4(f) requirements are sat- the officials to go against a hard-work- Mr. President, or the chief sponsor may isfied if the Secretary makes a finding ing family for a rundown farm that have in Oklahoma, and around this of de minimis impact to a protected happened to be 50 years old. And then country. site. For historic sites, such a finding this law couldn’t even protect it from It also provides needed jobs for peo- occurs if the project has no adverse ef- being developed. ple in our respective States. To my fect on a historic site and there is writ- This amendment would at least have knowledge, this is going to be the only ten concurrence from the State or trib- allowed the State preservation officer jobs bill to come out of this Congress al historic preservation officer. to make a balanced decision consid- at this time. Those jobs are needed. So we go through this process, and it ering all of the information and alter- I was talking with some of my col- is looked at as de minimis and has to natives. leagues the other day and they said: It be signed off by the people who care. Another good example comes from is not needed and there are no projects For parks, recreation areas, and wild- our neighboring State of Kentucky. A out there ready to go. I would like to life and waterfowl refuges, such a find- farmhouse and a farm was deemed his- say that in my State we have $164 mil- ing only occurs if the project will not toric. As a result of the project devel- lion of work that, if the money were

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S645 there, could start tomorrow. It could to work and get on with our infrastruc- stakeholders, including Ohio DOT, start tomorrow. ture needs. AASHTO, the National Trust for His- The economy in my State is not I yield the floor. toric Preservation, Defenders of Wild- doing too well. We are getting killed The PRESIDING OFFICER. The Sen- life, Environmental Defense and the because of manufacturing. We need this ator from Oklahoma. Natural Resources Defense Council. I bill. There was a great conservative Mr. INHOFE. Mr. President, I have commend Senator VOINOVICH for bring- President of the United States named some remarks in conjunction with the ing forward this section 4(f) amend- Ronald Reagan. He is on the altar and statement of Senator VOINOVICH. I will ment, and I am happy to add my sup- worshipped by conservatives all across yield to the Senator from Florida as port to it. I regret that we cannot con- America. He was a real conservative, a soon as I make a couple of comments. sider his amendment today, but I as- real fiscal conservative. In 1983, unem- Mr. President, I rise to speak in favor sure the Senator that I will work to ployment was up. I remember because I of the amendment offered by my col- have his amendment adopted. was mayor of the city of Cleveland. league from Ohio, Senate VOINOVICH. Mr. President, what my friend from People needed work. Ronald Reagan, in First, I thank him for working so hard Ohio is saying is what we have been his wisdom, saw a need out in the coun- on this very important issue. I know saying since Monday morning. try. He went to Congress and asked for this issue has been controversial, and I The Senator is exactly right. I do not the emergency jobs bill. That bill ex- appreciate his dedication to working know how many times I have stood on tended unemployment benefits. That out a compromise. Senate VOINOVICH’s this floor and said those of us who are bill provided moneys to cities and amendment adds much-needed reforms conservatives historically have to stop counties. to a provision in current law com- and look at what is Government here When I was mayor, we were really monly referred to as section 4(f) re- for. Conservatives are generally big hurting. It provided us $12 million for view. spenders when it comes to defense, public works so I could put people to Section 4(f) was approved by Con- when it comes to infrastructure. We work. It provided $6 million to Cuya- gress as part of the Department of need to defend America and we need in- hoga County. That was Ronald Reagan, Transportation Act of 1966 to protect frastructure. Right now, I am sure a fiscal conservative, a man of compas- public parks, recreation areas, wildlife there are some States that are not as sion. He reached out, saw these people and waterfowl refuges, and public and sensitive as the Senator from Ohio and on the unemployment line, saw that private historic sites. I are because they do not have the jobs were needed. He also understood It is important to protect our his- problems, but when we look at what that we had some real infrastructure toric treasures and environmental and this bill is doing to try to correct the needs in this country, and on April 1 of recreational resources. Our Govern- problem of, just as an example, our de- 1983, Ronald Reagan said: I don’t want ment has invested money in estab- teriorating bridges, my State of Okla- to borrow the money; I don’t want to lishing and maintaining these re- homa ranks dead first in terms of the borrow the money to provide more sources for the public’s use. We should deteriorated condition of bridges, and I money for highways, and suggested and not allow another department to turn chair the committee. got the Congress to agree to increase around and diminish those investments We are going to have to get a bill the gas tax by 5 cents. without good reason. through. There has been some recent It seems to me that some of my col- Unfortunately, court decisions have suggestion that it be pared down a lit- leagues—and I consider myself a con- led to an interpretation of ‘‘avoid at all tle bit. I can assure my colleagues the servative—ought to look at the reality costs.’’ In addition to adding signifi- figure we are talking about right now of all of this. I suggest to our adminis- cant time delays caused by extensive is a figure that is not acceptable to tration, our President, who is compas- study of alternatives, this interpreta- those on the other side of the Capitol, sionate, and his advisers, that they tion has led to some really bad public and this is the only way we can get ought to also look at the needs we policy decisions—decisions that defy one. have. common sense. I thought we were making some I went along with a grant to Iraq be- For instance, does it make sense to headway. We have all of these little cause I wanted to rebuild their infra- spend a hundred thousand dollars to procedural hurdles. We are not able to structure, and we are borrowing that shift an alignment in order to avoid an send the amendment of the Senator to money. We are borrowing a lot of old, abandoned, dilapidated barn? I the desk, but I will tell the Senator money for a lot of purposes. I think don’t think so, but it has happened. right now I am going to do what I can Senator GRASSLEY and the Finance Should private citizens lose parts of about it. Committee have tried to come up with their front yards to road expansion so First, I do agree with the Senator’s some reasonable ways of paying for that we can save the supposed parkland amendment and I know how hard he this bill and some offsets. Some people between the current road and the ditch has been working on it. A lot of people may nitpick it, but the fact is, they did that runs alongside it? I don’t think so, do not realize this section was ap- genuinely try to do something about it. but it has happened. proved by the Congress as part of the Everyone who is concerned about it Those are just a couple of examples Department of Transportation Act of ought to look at this realistically. This of where section 4(f) is obviously bro- 1966. It is obvious it is not working now is a very modest, responsible proposal ken and desperately needs to be fixed. and we need to do something about it. that deals with great infrastructure I am pleased that Senator VOINOVICH Certainly the Senator is as enthusi- needs in this country. has brought us such a fix. astic about protecting any of our his- I come from a just-in-time State, and The State of Oklahoma DOT is torical sites as we are, but we need to our roads and bridges are in bad shape. pleased with this language. Our folks have something that is workable. I come from a State where we have who actually deal with this issue on a I know there is someone else who thousands of people who lose their lives regular basis believe this will help wants to speak, but let me give the because our roads are not what we them make better decisions with less Senator my assurance, as chairman of want them to be—route 24, particu- delay. the committee, I will do everything I larly. So we have these needs. This is I think this amendment represents can to make sure he gets his amend- not porkbarrel. We have real needs. good policy all the way around—trans- ment in, which I support. More impor- On top of that, the frosting on the portation officials will be able to make tant than his amendment, we want to cake is we need the jobs. I am hoping commonsense decisions, particularly get this bill passed so we can get Amer- that the Holy Spirit will enlighten our when it comes to projects that will ica back to work again. President and his advisers and Mem- have minimal impacts, and we can all Remember, not long ago one of the bers on my side of the aisle and on the be assured that these important envi- publications in the Capitol had a ‘‘men other side of the aisle to do something ronmental and cultural resources are working’’ sign on it, and they put a good for America and get on with this protected. ‘‘not’’ right in the middle: Men not bill, get it passed, and get the money It is my understanding that this lan- working. That is exactly what is hap- on the street so we can put some people guage was developed by a wide range of pening right now. If we play around

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S646 CONGRESSIONAL RECORD — SENATE February 5, 2004 with the reductions, with the tem- a year over those 6 years instead of the surplus projected over 10 years. We porary extensions and all of that, we way it is crafted, which is that it stays could have paid off the national debt if are not going to be able to get people at a 90.5 percent return on Florida’s tax we had been wise and conservative in back to work. dollar and then it jumps in the sixth our approach. But we didn’t. We went We have the infrastructure needs. We year to 95 percent return on the dollar, and blew it. We were like drunken sail- have the needs for jobs, and I will be but that was part of the give and take. ors, spending and enacting tax cuts there beside the Senator from Ohio I would certainly like to improve it, that were targeted to the more well off doing what I can to make that a re- but I am grateful for it, because finally among us. The result is what the Presi- ality. this battle Florida has had for ages in dent’s budget just said. In the budget Before I yield the floor, let me ask getting a return on its tax dollar, par- that was just released, the deficit my good friend with whom I was privi- ticularly a gas tax dollar it sends to spending this next fiscal year is going leged to share this morning’s chair- the Federal Government, is going to to be over half a trillion dollars. manship at the National Prayer Break- get some equalization, particularly This is not conservative fiscal policy. fast—one of the truly great moments of with other States that have in the past This is wild and reckless policy. When my life with my good friend. We are gotten in excess of a dollar’s worth you give a continued tax cut to the trying to stay on the highway bill. We when they send in a dollar to the Fed- rich to be financed by out and out bor- have others who are going to be coming eral gas tax trust fund. I have lots of rowing, that is not conservative fiscal down. Could I inquire as to how much good things to say about it, but, oh, policy. That is out of control fiscal pol- time the Senator from Florida would does it make it tough in this environ- icy. By the way, guess where we borrow like to have? ment in which we are, a highly charged that money. We borrow it from Social Mr. NELSON of Florida. Probably no partisan environment in an election Security recipients, because we are more than 8 or 10 minutes. year in which the deficit that was just taking it out of the Social Security Mr. INHOFE. I ask unanimous con- announced 3 days ago is over a half a trust fund. Guess where else we borrow sent that he be given 15 minutes and trillion dollars. it. We borrow it from other countries then after I be recognized as having the Now, deficit is a fancy word, but let and their companies and their inves- floor. me say to my colleagues simply what I tors. You think it is just you and I who The PRESIDING OFFICER. Without think it means. It means if we are buy U.S. Treasury bills? Some of us do. objection, it is so ordered. spending this much in this coming fis- And we borrow it from us. But you The Senator from Florida. cal year, but we only have this much would be shocked to know how much of Mr. NELSON of Florida. Mr. Presi- coming in in tax revenues, the dif- the Nation’s debt and the new bor- dent, I commend the Senator from ference, since we are spending more rowing that will occur is being bought Oklahoma. It has been a pleasure work- than we have coming in in revenue, is up by corporations and governments in ing with him as the cochairman of our the deficit. That has been estimated, in China and Japan. If they end up having Senate prayer breakfast, and now hav- the President’s budget, at $525 billion. a good bit of our debt that is owed to ing the opportunity this morning with That is over a half trillion dollars. them, what does that do toward put- 4,000 people assembled at the Wash- Well, what does one do? Where does it ting us in a vulnerable position in the ington Hilton to cochair the National come from? If spending is going to be future with regard to our foreign policy Prayer Breakfast with him—which here, but the tax revenues are only with those countries, China and Japan? really is a misnomer because it is an here in a given year, what is to be If they own a lot of our debt or, put an- international prayer breakfast. We had done? The difference is borrowed, and other way, if we owe them a lot of people from 150 nations. We had five that difference then, when borrowed, is money, that is not a position in which heads of state there. Of course, we had added to the national debt. I think America ought to be. dual speakers this morning in the per- We can see if we are borrowing to the There are some clever little tricks in sons of former Congressman J.C. Watts extent of over half a trillion dollars a this budget, too. They are very tech- and Congressman JOHN LEWIS. They year, it does not take too long to see nical. For example, one provision is were both riveting. I appreciate his the national debt just continue to go that people are encouraged, if the collegiality and considerable coopera- out of sight, and then on that debt we President’s proposal is enacted, to take tion as we entered into this delightful have to pay interest. When the interest money out of their individual retire- once-a-year event that occurs in Wash- rates go up after this year, then that is ment accounts, IRAs, or their 401(k) ington. another big slug out of the Federal plans and put them over into basically I say to the Senator from Ohio, budget we will have to pay, interest on a privatizing of Social Security ac- though, before he walks out the door, the national debt. counts. But the little fiscal sleight of that as he was talking about the trans- Goodness gracious. And think what hand is that when you take it out of an portation bill providing jobs, we have a we could be doing with money: $200 bil- IRA, you are going to have to pay taxes saying in the south: ‘‘Amen, brother.’’ lion a year in interest. Think what on it. Lo and behold, that gins up an We need the jobs in Florida, too. In- that would buy in the programs that additional $15 billion over this 5-year deed, they are needed all over the coun- are being cut under this President’s projection in the budget of new tax rev- try and that is why I will support this budget. These are programs such as law enue, to make it appear as if there is bill, and that is why I did. enforcement assistance from the Fed- going to be more revenue coming in I congratulate the chairman and the eral Government such as the COPS pro- than there is. ranking member of the committee in gram, putting police on the beat, on This is really not an economic docu- how they have fashioned this bill. the street. That is being cut. Education ment. It is a political document. Unfor- There are parts of this bill I would like expenditures are being cut. Children’s tunately, it is a political document to see improved. For years, my State of health programs are being cut. Envi- that is not a conservative political doc- Florida has given a dollar in in tax and ronmental programs are being cut. I ument. So I am looking forward to us only gotten back about 80 cents. Over could go on. getting our fingers into this budget and the years, my senior colleague, Senator Yet that creates the environment, beginning to pick it apart. But what it GRAHAM of Florida, has been working the fiscal reality, that in times of huge does when you have a budget this much on that. Since I have been in the Sen- budget deficits, if you are going to get out of control is it makes it so much ate the last 4 years, I have been work- that figure from here to match your more difficult for very important pro- ing with him to improve that. We have revenues, you either have to cut spend- grams such as this transportation bill got that ratio up to 90.5 percent that ing or raise taxes or, in the alternative, that will provide so many jobs, that we get back for every dollar we send. stop tax cuts that are projected to go will cause dollars to be spent and cir- In the bill the chairman and the into effect in the future and don’t let culated and restore the economy—it ranking member have crafted, over the them go into effect, or both, in order to causes it to be a very difficult time in 6-year period that will rise to 95 per- get your Federal budget into balance. which to enact this kind of legislation, cent. Floridians will be very grateful We had a chance 3 years ago. We were particularly at the level that some of for that. I wish it could rise 1 percent in a surplus situation with so much us would like.

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S647 Mr. President, I wanted to share my The PRESIDING OFFICER. Without democratic right that the United thoughts on this subject. objection, it is so ordered. States should support rather than deni- I yield the floor. f grate. The future of Taiwan must be The PRESIDING OFFICER. The Sen- determined peacefully, with the ex- LOCAL LAW ENFORCEMENT ACT ator from Oklahoma. press consent of the people of Taiwan. OF 2003 Mr. INHOFE. I appreciate the state- Since its establishment, the United ment of my friend from Florida. Mr. SMITH. Mr. President, I rise States has been the foremost champion I would say, in terms of who the vil- today to speak about the need for hate of liberty and democracy in the world. lain is in the deficit we are facing right crimes legislation. On May 1, 2003, Sen- We can, therefore, not afford to tell the now, there are two big villains. One is ator KENNEDY and I introduced the people of Taiwan not to hold a ref- the war, and then the economy. As we Local Law Enforcement Enhancement erendum. There can be no double started losing economic ground, a Act, a bill that would add new cat- standard when it comes to exercising downturn back in March of 2000, people egories to current hate crimes law, democracy. didn’t realize for every 1 percent sending a signal that violence of any f change in economic activity it trans- kind is unacceptable in our society. lated into $45 billion in revenue. In One such crime occurred in Green- ADDITIONAL STATEMENTS other words, as the economy is re- wich Village, NY. There, a 36-year-old man was assaulted by a group of 15 bounding now, the revenue is coming TRIBUTE TO RONALD C. FOSTER back up. Even continuing in the effort, men on his way to a gay bar. Another the war effort—which I am afraid is man on the street yelled an anti-gay ∑ Mr. CHAMBLISS. Mr. President, I going to last for quite a while—we are slur, and when the victim turned to see pay tribute to Ronald C. Foster who going to be facing end strength prob- who had yelled at him, he was punched will soon be retiring after an illus- lems and that will have to go on. in the back of the head. trious 33-year career with one of Amer- I believe the best thing we can do is I believe that government’s first duty ica’s leading companies, the Atlanta- do it through the economy. At the is to defend its citizens, to defend them based United Parcel Service, UPS. same time there are certain things against the harms that come out of First hired in October of 1966, Ron’s 33- that have to happen in America. We hate. The Local Law Enforcement En- year corporate career led him from have to do something about roads in hancement Act is a symbol that can Kentucky to Colorado, Illinois, Indi- America. I probably have as many become substance. I believe that by ana, New York, Pennsylvania, and ulti- townhall meetings as anyone. I suggest passing this legislation and changing mately to Washington, DC. the Senator from Florida does, too. I current law, we can change hearts and Ron started his career as a non-man- can’t remember one I have had where minds as well. agement hourly employee unloading they haven’t said something about f UPS tractor-trailers in Lexington, KY. Promoted to the ranks of management roads. TAIWAN’S PEACE REFERENDUM In Oklahoma what they say is, we 2 years later, Ron worked in UPS oper- can always tell when we are around Mr. ALLEN. Mr. President, for the ations while attending the University Thanksgiving time, when we have fam- past 54 years, Taiwan and the United of Kentucky, where he earned a Bach- ily coming in, we have friends coming States have been allies in the inter- elor’s Degree in Economics in 1972. in, we can always know when we get to national arena, democratic partners Ron held a series of managerial posi- Oklahoma because of the roads. I add and friends. In times of need and tur- tions of increasing responsibility with- to the Presiding Officer, when they moil, both countries have always come in the UPS Human Resources depart- come from Texas they make that com- to each other’s aid. In the aftermath of ment which led him to become one of ment about Oklahoma roads. So we do the September 11 terrorist attacks, the company’s senior Human Resources have a very serious problem. It seems Taiwan immediately offered help to officials. In 1996, Ron Foster trans- to be more serious in my State. Americans through the U.S. Govern- ferred to UPS’ Washington, DC, Public Part of that is due to the donor sta- ment. In recent months, Taiwan has of- Affairs office, where he represented the tus we have had for quite some time. Of fered humanitarian aid to post-war company on Capitol Hill and focused on course, we have not had the money Iraq. labor relations, safety and human re- with which to do it. I feel an obliga- Today Taiwan is being threatened. sources related public policy issues. At tion, and believe it is very appropriate Taiwan’s planned referendum on March the time of his retirement Ron served for conservatives, to get out and vote 20, 2004 has been called a move toward as one of the company’s most senior in favor of this type of an infrastruc- Taiwan independence. Some say it will Public Affairs executives, as he coordi- ture program. This translates directly push Taiwan to the ‘‘abyss of war.’’ nated the legislative and political ac- into jobs, translates directly into the Such rhetoric is a distortion of Tai- tivities of UPS Public Affairs man- economy, translates directly into in- wan’s true intentions. In the face of an agers both in Washington and in select creasing economic activity and addi- overwhelming military threat against state capitals. tional revenue that will come into Gov- Taiwan, Taiwan President Chen Shui- Ron Foster’s accomplished business ernment. bian’s peace referendum asks Taiwan career has been most noted for his un- With that, I suggest the absence of a voters whether they should buy more wavering loyalty to UPS and to his quorum. anti-missile weapons if the People’s uncompromised dedication to integrity The PRESIDING OFFICER (Mr. Republic of China refuses to withdraw regarding business ethics and values. CHAMBLISS). The clerk will call the its 496 missiles targeted at Taiwan and Ron will be remembered for the re- roll. whether Taiwan should open up talks spectful and professional manner in The legislative clerk proceeded to with the People’s Republic of China which he treated all UPS colleagues. call the roll. about issues of peace. Ron’s ability to deal fairly and equi- Mr. INHOFE. Mr. President, I ask Taiwan’s democratically elected tably with people from all walks of life, unanimous consent that the order for president, President Chen, has made it a trait that is all too uncommon in to- the quorum call be rescinded. clear that he continues to hold to the day’s society, was legendary among the The PRESIDING OFFICER. Without ‘‘five no’s’’ of his inauguration speech, UPS family. objection, it is so ordered. including the promise not to hold a Ron has been a very good friend to f plebiscite on the issue of Taiwanese this Senator and I am happy that he independence. The referendum merely will be spending his retirement years MORNING BUSINESS aims to avoid war, free its people from at Reynolds Plantation in Greensboro, Mr. INHOFE. Mr. President, I ask fear and maintain the status quo. GA. I congratulate Ron for a lengthy unanimous consent that there now be a Taiwan, our ally and friend, is a de- and highly successful business career, period of morning business with Sen- mocracy. Its people have every right to and more importantly, to wish Ron and ators permitted to speak for up to 10 hold their referendum this March 20. Jo Foster a healthy and happy retire- minutes each. Taiwan’s referendum law is a basic ment.∑

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