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

Vol. 150 WASHINGTON, THURSDAY, MARCH 11, 2004 No. 31—Part II Senate CONGRESSIONAL BUDGET FOR percent increase. It is a big tax in- Kyl Nickles Specter Lott Roberts Stevens THE UNITED STATES GOVERN- crease. It is a humongous spending in- Lugar Santorum Sununu MENT FOR FISCAL YEAR 2005— crease. I urge my colleagues to vote no. McCain Sessions Talent Continued Mr. DASCHLE. Mr. President, I ask McConnell Shelby Thomas for the yeas and nays. Miller Smith Voinovich Mr. AKAKA. Mr. President, I rise Murkowski Snowe Warner today in support of this important The PRESIDING OFFICER. Is there a NOT VOTING—4 amendment offered by Senator TOM sufficient second? Edwards Kerry DASCHLE. The Senate Committee on In- There appears to be a sufficient sec- Johnson Reid dian Affairs, of which I am a member, ond. has held hearings on the President’s The question is on agreeing to The amendment (No. 2774) was re- fiscal year 2005 budget request for In- amendment No. 2774. The clerk will jected. dian programs. We have heard from In- call the roll. The PRESIDING OFFICER. The Sen- dian country about the inadequate The assistant journal clerk called the ator from Oklahoma. funding provided for many programs in roll. Mr. NICKLES. Mr. President, we are Indian country. We have heard that Mr. DASCHLE. I announce that the making progress. Senator CONRAD and I American Indians and Alaska Natives Senator from North Carolina (Mr. ED- are reducing the amendments pretty have a life expectancy six years less WARDS), the Senator from South Da- quickly. I compliment him for that. We than that of the rest of the United kota (Mr. JOHNSON), and the Senator are trying to accommodate Members States population, with rates of cardio- from Massachusetts (Mr. KERRY) are on both sides of the aisle. Maybe we vascular disease being twice as high for necessarily absent. can get this legislation finished to- native peoples. I also announce that the Senator night. I believe the Senator from Alaska Native people die at a rate 500 per- from Nevada (Mr. REID) is absent at- cent higher than other Americans from tending a funeral. has an amendment. The PRESIDING OFFICER. The Sen- tuberculosis and 390 percent higher The PRESIDING OFFICER. Are there ator from Alaska. from diabetes. With the technological any other Senators in the Chamber de- advancements that we have made in siring to vote? AMENDMENT NO. 2822 these areas, most of these illnesses The result was announced—yeas 42, Ms. MURKOWSKI. Mr. President, I could be prevented if basic health care nays 54, as follows: send an amendment to the desk and ask for its immediate consideration. were available. Unfortunately, the [Rollcall Vote No. 52 Leg.] The PRESIDING OFFICER. The President’s budget provides $2.1 billion YEAS—42 for IHS clinical services, leaving a clerk will report. Akaka Dorgan Levin shortfall of over 60 percent for fiscal The assistant legislative clerk read Bayh Durbin Lieberman as follows: year 2005. Biden Feingold Lincoln The time is now and we must provide Bingaman Feinstein Mikulski The Senator from Alaska [Ms. MUR- Indian country with the ability to en- Boxer Graham (FL) Murray KOWSKI], for herself and Mr. CAMPBELL, pro- Breaux Harkin Nelson (FL) poses an amendment numbered 2822. sure that native peoples are given ac- Byrd Hollings Nelson (NE) cess to essential health care services. I Cantwell Inouye Pryor Ms. MURKOWSKI. Mr. President, I urge my colleagues to support this im- Clinton Jeffords Reed ask unanimous consent that the read- Conrad Kennedy Rockefeller ing of the amendment be dispensed portant amendment, and I thank my Corzine Kohl Sarbanes dear friend, Senator DASCHLE, for offer- Daschle Landrieu Schumer with. ing this amendment. Dayton Lautenberg Stabenow The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- Dodd Leahy Wyden objection, it is so ordered. ator from Oklahoma. NAYS—54 The amendment is as follows: Mr. NICKLES. Mr. President, this is Alexander Chafee Ensign (Purpose: To increase funding for the Indian another one of these amendments—we Allard Chambliss Enzi Health Services) have had a dozen of them now—that Allen Cochran Fitzgerald On page 16, line 12, increase the amount by Baucus Coleman Frist $282,000,000. says we are going to pay for this by in- Bennett Collins Graham (SC) creasing taxes on wealthy people. I On page 16, line 13, increase the amount by Bond Cornyn Grassley $251,000,000. Brownback Craig Gregg don’t know how many times we have to On page 16, line 17, increase the amount by vote on it. Then I look at the spending. Bunning Crapo Hagel Burns DeWine Hatch $28,000,000. It says we will increase spending by Campbell Dole Hutchison On page 16, line 21, increase the amount by $3.4 billion from 2.1 to 5.5. That is a 164- Carper Domenici Inhofe $2,000,000.

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

S2651

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VerDate jul 14 2003 01:22 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.163 S11PT2 S2652 CONGRESSIONAL RECORD — SENATE March 11, 2004 On page 23, line 5, decrease the amount by propriations Committee—specifically penny to the IHS clinical services ac- $282,000,000. the Interior Appropriations Sub- count. On page 23, line 6, decrease the amount by committee—it will be next to impos- Will the phantom money be there $251,000,000. On page 23, line 10, decrease the amount by sible to increase Indian health funding after the House and Senate Repub- $28,000,000. to any significant degree. licans return from conference? It cer- On page 23, line 14, decrease the amount by I hope my colleagues will stop and tainly was not last year. $2,000,000. think about the weight of the decisions That money was missing from the The PRESIDING OFFICER. The Sen- they are making today. Because its fiscal year 2004 Interior appropriations ator from Alaska. budget is so woefully inadequate, the bill, too, when 45 Republican senators Ms. MURKOWSKI. Mr. President, Indian Health Service is forced to use a blocked my amendment to make real this amendment also relates to the In- literal ‘‘life or limb’’ standard to ration their professed $292 million commit- dian Health Service. This amendment health care for Indian men, women, ment to Indian health. would increase the budget for the In- and children—people whose health care Yet again, my colleagues on the dian Health Service by $282 million. is supposed to be guaranteed. Indian other side are making a specious argu- This is intended to track the rec- people are suffering—some are literally ment. At the same time they’re refus- ommendation that the Indian Affairs dying—because we are failing to pro- ing to close loopholes that allow people Committee sent to the Budget Com- vide them the kind of care that most who owe taxes to avoid paying their mittee in its views and estimates let- Americans, and every single one of us, fair share, at the same time they are ter. take for granted. proposing new tax cuts for million- It provides the funding for those pri- We have been here before. We had aires, they are saying this country can- orities that were set out in the com- this same debate last year. Then, like not afford to honor its treaty obliga- mittee’s list. We are looking at in- today, my Republican colleagues op- tion—and its clear moral obligation— creases for clinical services, a 50-per- posed a real increase for IHS clinical to Native Americans. cent increase for services to urban In- services and instead offered a phantom I hope the Senate will reject that ar- dians, a $90 million increase for con- increase that was one-tenth of the gument and put us on the road to tract support costs and an additional amount of the increase needed to meet righting this indefensible wrong. $61 million for health facilities con- the basic health care needs of the cur- Senators can vote for this amend- struction. This amendment would rent IHS user population. ment, but no one should be confused make all of these increases possible. The only difference this year is that about its impact. I can assure you that Of particular interest to me, the the ‘‘increase’’ they are offering is less Native Americans will not be. Still, I amendment enables an additional $10 than one-tenth of the amount of the in- will support this amendment with the million increase in funding for sanita- crease needed to meet the basic health hope that the conferees will find a way tion facilities construction, which is care needs of the current IHS user pop- to provide a real increase for the In- incredibly important to my home ulation, and even less than the amount dian Health Service. State. 40 percent of the unmet need for they offered last year. The PRESIDING OFFICER. Is there sanitation, as identified by the Indian Of course, any increase for the Indian further debate? If not, the question is Health Service, is in Alaska. Health Service is welcome. I will be on agreeing to amendment No. 2822. This amendment also envisions a glad if we can treat even one more In- The amendment (No. 2822) was agreed substantial funding increase for the dian child the way that he or she de- to. Community Health Aide Practitioner serves to be treated. But my colleagues The PRESIDING OFFICER. The Sen- Program, which the Indian Health should know that the Murkowski ator from North Dakota. Service regards as a national model. amendment does not add one penny to Mr. CONRAD. Mr. President, Senator The increases in this amendment are the Appropriations Committee’s allo- DODD is next on our side with an defensible. We recognize we have a long cation. It does not increase the amount amendment. I ask Senator DODD to way to go when it comes to improving of money available to the sub- proceed at this point. the health condition of our Native peo- committee appropriators who must The PRESIDING OFFICER. The Sen- ples, but I think this is a good and rea- find the funding this amendment ator from Connecticut. sonable step in that direction. claims to provide. It leaves the Indian AMENDMENT NO. 2762 I urge Members to support this Health Service to compete for funds Mr. DODD. Mr. President, I call up amendment. with Indian education, tribal colleges, amendment No. 2762. Mr. President, I ask unanimous con- tribal courts and police, reservation The PRESIDING OFFICER. The sent to add Senator MURRAY as a co- roads, as well as the Denali National clerk will report. sponsor of this amendment. Park, Mount Rushmore, and all the The legislative clerk read as follows: The PRESIDING OFFICER. Without other important priorities that sub- The Senator from Connecticut [Mr. DODD], objection, it is so ordered. The Senator committee funds. for himself, Mr. KERRY, Mr. CORZINE, Ms. from North Dakota. The function 920 account is not a se- STABENOW, and Mr. KOHL, proposes an Mr. CONRAD. Mr. President, this cret pot of money from which to draw. amendment numbered 2762. amendment is cosponsored by Senator This amendment—if it is not dropped Mr. DODD. Mr. President, I ask unan- MURRAY on this side. We strongly sup- in conference the way last year’s imous consent that the reading of the port the amendment and hope our col- amendment was—would force the Ap- amendment be dispensed with. leagues will accept it. propriations Committee to cut the do- The PRESIDING OFFICER (Mr. EN- Mr. DASCHLE. Mr. President, the mestic discretionary programs already SIGN). Without objection, it is so or- Senate has just missed an opportunity severely shortchanged under this scan- dered. to fund the basic health care needs of dalous budget resolution. Remember, The amendment is as follows: the current Indian Health Service user this budget resolution already cuts do- (Purpose: To create a reserve fund to allow population. We had a chance to provide mestic discretionary spending by $14.6 for an increase in the 21st Century Commu- a $3.44 billion increase for IHS clinical billion compared to last year. nity Learning Centers Program by $1 bil- services. Unfortunately, we lost that Will the money come from our na- lion and lower the national debt by elimi- chance because not a single Republican tional parks? No Child Left Behind— nating tax loopholes) Senator was willing to apply toward and we know they are being left be- On page 3, line 9, increase the amount by Indian health a small fraction of the hind? HUD? NIH? COPS? Perhaps the $60,000,000. revenue that will be raised from clos- BIA’s reorganization initiative? I On page 3, line 10, increase the amount by ing tax loopholes that allow people to might support that cut. $1,301,000,000. avoid paying their fair share of taxes. They will not tell us which programs On page 3, line 11, increase the amount by $541,000,000. Some may view this budget resolu- they would cut, because they know our On page 3, line 12, increase the amount by tion as an insignificant exercise. It is domestic discretionary accounts can’t $100,000,000. not. Unless we do something to in- absorb any more cuts, and because this On page 3, line 17, increase the amount by crease the funding available to the Ap- amendment isn’t real. It will not add a $60,000,000.

VerDate jul 14 2003 23:39 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.042 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2653 On page 3, line 18, increase the amount by afterschool initiatives. This is an op- NAYS—54 $1,301,000,000. portunity for us to live up to the re- Alexander Crapo McCain On page 3, line 19, increase the amount by quirements that we insisted upon when Allard DeWine McConnell $541,000,000. Allen Dole Miller On page 3, line 20, increase the amount by we passed the No Child Left Behind Act Bennett Domenici Murkowski $100,000,000. 2 years ago. Bond Ensign Nickles On page 4, line 20, increase the amount by I urge my colleagues to be supportive Breaux Enzi Roberts $60,000,000. of this effort. We pay for the $1 billion Brownback Fitzgerald Santorum On page 4, line 21, increase the amount by Bunning Frist Sessions by reducing the tax cut for the most af- Burns Graham (SC) Shelby $1,301,000,000. fluent Americans by $1 billion. That is Campbell Grassley Smith On page 4, line 22, increase the amount by a tiny fraction that can serve over 1 Carper Gregg Snowe $541,000,000. Chafee Hagel Specter On page 4, line 23, increase the amount by million children in afterschool pro- Chambliss Hatch Stevens $100,000,000. grams. Cochran Hutchison Sununu On page 5, line 3, decrease the amount by I urge adoption of the amendment Coleman Inhofe Talent $60,000,000. and ask for the yeas and nays. Collins Kyl Thomas On page 5, line 4, decrease the amount by Cornyn Lott Voinovich The PRESIDING OFFICER. Is there a Craig Lugar Warner $1,361,000,000. On page 5, line 5, decrease the amount by sufficient second? NOT VOTING—4 There appears to be a sufficient sec- $1,902,000,000. Edwards Kerry On page 5, line 6, decrease the amount by ond. Johnson Reid $2,002,000,000. The yeas and nays were ordered. On page 5, line 7, decrease the amount by The amendment (No. 2762) was re- The PRESIDING OFFICER. The Sen- jected. $2,002,000,000. ator from Oklahoma. On page 5, line 11, decrease the amount by The PRESIDING OFFICER. The Sen- $60,000,000. Mr. NICKLES. Mr. President, I was ator from Oklahoma. On page 5, line 12, decrease the amount by hoping my colleague from Connecticut, Mr. NICKLES. Mr. President, we are $1,361,000,000. my very good friend, since the hour is making very good progress. For the in- On page 5, line 13, decrease the amount by getting late, would accept a voice vote. formation of our Members, I think mo- $1,902,000,000. Maybe not yet. Maybe people will start mentarily we will be able to dispose of On page 5, line 14, decrease the amount by considering that option. Most people $2,002,000,000. seven or eight amendments. On page 5, line 15, decrease the amount by know how the votes might come out. I believe the Senator from Georgia $2,002,000,000. This is a $2 billion tax increase. wishes to discuss an amendment. At the end of Title III, insert the following: Again, it is only directed at the mil- The PRESIDING OFFICER. The Sen- SEC. . RESERVE FUND FOR THE 21ST CENTURY lionaires or the upper income bracket, ator from Georgia. COMMUNITY LEARNING CENTERS but, of course, that is not what the Fi- Mr. CHAMBLISS. Mr. President, I PROGRAM. nance Committee gets. The Finance had an amendment I intended to offer, The Chairman of the Committee on the Committee gets a resolution that says Budget of the Senate shall revise the aggre- but after consultation with the com- gates, functional totals, allocations to the raise revenues. mittee chairman, the hour is late and I Committee on Appropriations of the Senate, Then I look at the function it hopes probably would have wound up with- discretionary spending limits, and other ap- to have the money go to. It would in- drawing the amendment anyway. propriate levels and limits in this resolution crease by 100 percent. I keep hearing What my amendment sought to do by up to $1,000,000,000 in budget authority for people say we want deficit reduction, was to make a correction in an amend- fiscal year 2005, and by the amount of out- but I keep seeing programs grow by 100 ment that was presented at the full lays flowing therefrom in 2005 and subse- percent, 140 percent. committee markup. At that markup, quent years, for a bill, joint resolution, mo- tion, amendment, or conference report that I urge our colleagues to vote no on there was an amendment passed rel- provides additional fiscal year 2005 discre- the amendment. ative to the issue of payment limita- tionary appropriations, in excess of levels The PRESIDING OFFICER. Is there tion in the farm bill. provided in this resolution, for the 21st Cen- further debate? If not, the question is Payment limitation in the farm bill tury Community Learning Centers program on agreeing to amendment No. 2822. doesn’t mean a whole lot to anybody in the Department of Education. The yeas and nays have been ordered. unless you are a farmer. Farmers, as Mr. DODD. Mr. President, this The clerk will call the roll. long as they are treated equally, have amendment deals with afterschool pro- The legislative clerk called the roll. no problem with the various farm pro- grams. I know most of my colleagues Mr. DASCHLE. I announce that the grams we have under the farm bill. But are tremendously supportive of this Senator from North Carolina (Mr. ED- what has happened with the payment program. When we passed the No Child WARDS), the Senator from South Da- limitation is we have rewritten the Left Behind Act 2 years ago, we in- kota (Mr. JOHNSON), and the Senator farm bill during the middle of the farm sisted that we fund, to the extent pos- from Massachusetts (Mr. KERRY) are bill and that is not fair. sible, $2 billion for afterschool pro- necessarily absent. What my amendment sought to do grams. I also announce that the Senator was to take one portion of the overall Over the last 2 years, we have only from Nevada (Mr. REID) is absent at- farm bill, which is the ethanol portion, funded half of that program, serving a tending a funeral. and simply equalize payments to those little more than 1 million children The PRESIDING OFFICER. Are there growers of corn who participate in the when the need exceeds 2 million chil- any other Senators in the Chamber de- ethanol program, add the payments dren. I think all of us have given talks siring to vote? they receive—and they don’t receive in our States about the value of after- The result was announced—yeas 42, them directly. We would have to figure school programs. The President himself nays 54, as follows: out, through a complicated formula, has talked eloquently about it, saying how much they get, add the amount of afterschool programs keep kids safe, [Rollcall Vote No. 53 Leg.] money to their payment limitation help working families, and improve YEAS—42 portion so it would equalize. They academic achievements. He is abso- Akaka Dorgan Levin would be equal with every other farmer lutely right. But we are leaving more Baucus Durbin Lieberman across the country with respect to pay- Bayh Feingold Lincoln than 1 million children behind as a re- Biden Feinstein Mikulski ment limitation. sult of not fully funding at the author- Bingaman Graham (FL) Murray It would be a complicated situation, ized levels afterschool programs. Boxer Harkin Nelson (FL) and I think at some point in time down Byrd Hollings Nelson (NE) I am asking, with this amendment, Cantwell Inouye Pryor the road, if those who insist on revision that we fund with an additional $1 bil- Clinton Jeffords Reed of the payment limitations do so prior lion to reach more than 1 million kids Conrad Kennedy Rockefeller to the expiration of the farm bill, we who could really use this critically im- Corzine Kohl Sarbanes are simply going to come back with an Daschle Landrieu Schumer portant program. Over the years this Dayton Lautenberg Stabenow amendment. We will come back with body has overwhelmingly supported Dodd Leahy Wyden an amendment at a later time to seek

VerDate jul 14 2003 23:39 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.041 S11PT2 S2654 CONGRESSIONAL RECORD — SENATE March 11, 2004 to do that. However, I hope all Mem- payment limitations until the farm bill MARCH 1, 2004. bers of the Senate who come from agri- is reauthorized for the 2008 and later Hon. DON NICKLES, cultural States will continue to work crops. The Commission reasoned that Chairman, Senate Budget Committee, U.S. Sen- together for the interest of our farmers ate, Washington, DC. the multiyear nature of farm bills pro- Hon. KENT CONRAD, and make sure we carry out the terms vides stability for production agri- Ranking Member, Senate Budget Committee, of the current farm bill. When it ex- culture and that producers, their lend- U.S. Senate, Washington, DC. pires in 2008, we will again look at all ers, and other agribusiness firms make DEAR CHAIRMAN NICKLES and RANKING these issues and decide what is fair to MEMBER CONRAD: On behalf of the under- long-term investment decisions based the American consumer and for the signed U.S. farm and commodity organiza- on this multiyear legislation. The Sen- American farmer. tions, we write to express concern over the I yield the floor. ate should follow the Commission’s agricultural provisions of the budget pro- The PRESIDING OFFICER. The Sen- recommendation and should not make posal submitted by the administration for changes in farm program payment lim- fiscal year 2005. ator from Oklahoma. Under the President’s plan, the U.S. De- Mr. NICKLES. Mr. President, No. 1, I itations. partment of Agriculture’s budget authority thank my colleague from Georgia for Third, southern cotton and rice for discretionary programs in 2005 would be his brief discussion and for not offering farms tend to be larger, and the costs reduced about $1.7 billion or 8.1 percent com- pared to the spending levels adopted for the the amendment. I think if he offered of production are much greater, than the amendment we might be here a lit- current fiscal year. When the increased wheat, corn, and soybean farms in tle while. spending for additional homeland security I believe the chairman of the Agri- other regions. The Grassley provision responsibilities are included, the effective re- would reduce government payments to duction in budget authority for traditional culture Committee would like to make USDA programs climbs to nearly $2.1 billion a few comments. cotton and rice producers. Moreover, the provision would severely com- or 10 percent of total discretionary spending Mr. COCHRAN. Mr. President, I want authority. to express my opposition to the provi- plicate crop farmers’ ability to use the Due in part to weather related production sion in the budget resolution that marketing loan program, particularly shortfalls in many parts of the world, includ- shifts $1.221 billion over the next 5 during periods of low market prices ing the U.S., over the past three years and years from farm programs to other pro- when producers need it most. The mar- modest improvements in both export and do- grams under the jurisdiction of the Ag- mestic market conditions, commodity pro- keting loan program, as its name im- gram support and related payments declined riculture Committee. plies, helps farmers market their crops by about $4.8 billion in FY 2004 compared to This provision assumes reducing by providing them with benefits when the August 2003 baseline. The five-year cost statutory payment limitations for market prices fall below government of the farm bill is now projected to cost $14.6 farm program payments to producers established loan rates. In such situa- billion less than projected by the Congres- of wheat, feed grains, oilseeds, cotton tions, program benefits offset the im- sional Budget Office in its August 2002 esti- and rice from $40,000 to $20,000 for di- mates which were made shortly after the pact of low prices with a minimum of rect payments and from $65,000 to 2002 farm legislation was enacted. These sav- government involvement in the mar- $30,000 for counter-cyclical payments. ings represent additional ‘‘real’’ dollar re- ductions in federal expenditures for com- In addition, the proposal would include ketplace. This provision would, for the first time, require that loan program modity program outlays that are not fully certificate transactions and loan for- considered in the budget process. feitures under the marketing loan pro- certificate transactions and loan for- When all these factors are considered, pro- gram’s payment limitation. feitures be included under the pro- duction agriculture and rural communities I oppose this provision for a number gram’s payment limitation. The provi- are being asked to take a disproportionate of reasons. First, the 2002 farm bill, en- sion, if implemented, would mean that reduction in important programs, including acted less than 2 years ago, has already once a producer reaches the limit, mar- conservation, research, energy, rural devel- reduced payment limitations compared keting loan benefits would be cut off opment, and international food assistance, that were authorized in the bi-partisan farm to the 1996 farm bill by establishing a regardless of the market situation. legislation signed by the president in 2002. means test for farm program benefits Fourth, the budget resolution should Agricultural producers and rural commu- in which individuals with over $2.5 mil- provide us with a broad plan for Fed- nities have yet to recover from the effects of lion in adjusted gross income are ineli- the agricultural recession which for many eral revenues and expenditures but gible for payments unless at least 75 began in 1997 and the severe economic losses percent of that income comes from ag- leave policy decisions within that associated with ongoing weather disasters riculture. Moreover, the 2002 farm bill’s budget framework to the authorizing that have occurred since the 2001 production year for which assistance has been minimal. limit of $105,000 for the sum of direct committees. This proposal violates that principle by attempting to dictate As you consider a budget for FY 2005, we and counter cyclical payments is 12 urge that you oppose reductions in the com- percent less than the 1977 farm bill’s policy to the Agriculture Committee mitments made in the 2002 farm bill. As limit on comparable purpose deficiency without having any impact on the such, we urge that you oppose the adoption payments after adjustment for infla- overall level of Federal expenditures. It of a resolution that either incorporates the tion. Senators should remember that simply shifts over $1 billion in pay- President’s agriculture spending proposals or these payments do not necessarily rep- ments from one group of farmers to an- includes reconciliation instruction to the ag- riculture authorizing committee. resent profit to the farmer, but rather other. That is a decision that should be Efforts to enhance economic opportunities this shows that in real terms, we al- made by the Agriculture Committee— for America’s farmers and rural commu- ready have reduced farm program sup- not the Budget Committee. nities require that the federal budget be able ports in two separate ways. to accommodate a meaningful economic Second, the 2002 farm bill established Fourteen major agriculture and com- safety net for producers, expand our nation’s a Commission on the Application of modity organizations have written to resource conservation, renewable energy and Payment Limitations to analyze and to the Budget Committee opposing agricultural research activities while ad- make recommendations regarding changes in the farm bill. The budget dressing a broad range of rural development resolution, as adopted, would make and global hunger needs. these issues in a report to the Presi- Thank you for your consideration of our dent and to the House and Senate Agri- changes in the commitments that were views. culture Committees. The Commission, made to farmers and ranchers in the Sincerely, which is composed of 10 individuals Farm Bill. American Corn Growers Association, who possess a tremendous amount of I ask unanimous consent that two American Farm Bureau Federation, Farm Credit Council, experience in, and knowledge about, letters from farm groups and producers U.S. agriculture, released its report in National Association of Wheat Growers, who oppose the Grassley provision be August of last year. The Commission’s National Cotton Council, printed in the RECORD. National Farmers Union, first and primary consensus rec- National Grain Sorghum Producers, ommendation was that no substantial There being no objection, the mate- National Grange, changes should be made to the 2002 rial was ordered to be printed in the National Grape Cooperative, farm bill’s system of farm program RECORD, as follows: R–CALF USA,

VerDate jul 14 2003 23:39 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.160 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2655 Soybean Producers of America, ple want to have votes on, so please be cost of this amendment and what is the U.S.A. Rice Federation, patient and we will try to have voice source of the funding for it? U.S. Rice Producers Association. votes on every other amendment we Mr. INHOFE. There is no cost to it. consider tonight. This is the Energy Savings Perform- MARCH 3, 2004. Mr. President, I suggest the absence ance Contract Program that allows a Hon. DON NICKLES, Chairman, Senate Budget Committee, of a quorum for a very brief moment. company to go into an Air Force base Dirksen Senate Building, The PRESIDING OFFICER. The to show them how they can, through Washington, DC. clerk will call the roll. energy savings, save $2 or $3 million a DEAR CHAIRMAN NICKLES: I am writing The legislative clerk proceeded to year. Then they are compensated from today on behalf of the National Corn Grow- call the roll. the savings, and from that point for- ers Association (NCGA) and our 33,000 grower Mr. NICKLES. Mr. President, I ask ward it goes back to the recipient. members regarding the Fiscal Year 2005 unanimous consent the order for the There is no cost. Budget Resolution now under consideration quorum call be rescinded. Mr. CONRAD. Mr. President, my un- by your committee. While we recognize the The PRESIDING OFFICER. Without derstanding is this is directed concerns over rising federal budget deficits, objection, it is so ordered. scorekeeping. The committees are told NCGA strongly opposes any action that re- opens the 2002 Farm Bill, including amend- Mr. NICKLES. Mr. President, I be- this doesn’t cost any money, but it ments that reduce payment limits within the lieve that the chairman of the Environ- does cost money. I was willing to take farm safety net programs. Today’s farm bill ment and Public Works Committee has this amendment when I was under the is a carefully balanced measure that re- an amendment. impression this didn’t cost any money. quired give and take among farm organiza- The PRESIDING OFFICER. The Sen- But if we are going to start down the tions and multiple stakeholders. ator from Oklahoma. road of saying things that cost money NCGA believes that proposals to further AMENDMENT NO. 2823 don’t cost money, then we have a real restrict farm support payments are ex- Mr. INHOFE. Mr. President, Senator problem. I have a real problem with tremely divisive as well as inequitable for that amendment. those producers who must make sound, long BINGAMAN and I have an amendment range business and financing decisions based that has been agreed to on both sides. Mr. INHOFE. May I respond? There is on the current farm bill provisions. Changes I call up amendment No. 2823 and ask no cost to this program, because no that would impose even more restricting for its immediate consideration. public dollars are involved. It is where payment limits will cut off support to pro- The PRESIDING OFFICER. The someone goes in and finds ways to save ducers when they most need assistance—at clerk will report. energy and, if they are successful in times of extremely low prices. The fact is to- The bill clerk read as follows: doing that, they merely pay the money day’s farm bill includes more stringent limi- The Senator from Oklahoma [Mr. INHOFE], back. The Government doesn’t get in- tations than those of the previous farm pol- for himself and Mr. BINGAMAN, proposes an volved at all in the program. So there icy. NCGA continues to support those limita- amendment numbered 2823. is no cost. tions on direct and countercyclical payments Mr. DOMENICI. Mr. President, it was as well as marketing loan benefits. Mr. INHOFE. I ask unanimous con- While our grower members remain very sent the reading of the amendment be said nobody objects. I object. I don’t in- supportive of additional funding for new con- dispensed with. sist on a vote, but I am going to con- servation initiatives, nutrition programs, The PRESIDING OFFICER. Without ference, and neither of those Members and rural development value-added grants, it objection, it is so ordered. advocating it are going to conference. is the view of NCGA that amendments to The amendment is as follows: Mr. CONRAD. Mr. President, in the achieve budget savings for these programs at (Purpose: To return to the original scoring of interest of moving things along, I want the expense of the farm safety net would re- the energy savings performance contract to register, to the extent there is di- sult in more harm than good. We can ill af- program) rected scoring here, strong opposition. ford to undermine a policy that is designed We cannot go down the path of saying to restore long-term fiscal discipline in agri- On page 43, between lines 20 and 21, insert culture spending. The Congressional Budget the following: things don’t cost money. Maybe there Office’s recent projection of $8 billion dollars (c) ENERGY SAVINGS PERFORMANCE CON- is a view that it doesn’t. But if the in reduced expenditures over the next ten TRACT PROGRAM.—In recognition that the en- scorekeepers say it does, and we start years underscores the need for Congress to ergy savings performance contract program telling them it doesn’t, that creates a maintain a steady course and keep its com- recoups its costs through guaranteed savings serious problem. I am not going to in- mitment to the 2002 Farm Bill. without increasing budgetary outlays, the Congressional Budget Office shall score the sist on a vote. I have confidence this Finally, NCGA urges the Committee to will be taken care of in conference. consider the work of the Payment Limita- energy savings performance contract pro- gram under title VIII of the National Energy The PRESIDING OFFICER. Is there tions commission. This bipartisan com- further debate on the amendment? mittee authorized by Congress thoroughly Conservation Policy Act (42 U.S.C. 801 et reviewed the data from agriculture policy seq.) as zero. For the purposes of any point of The question is on agreeing to the experts, opposing points of view from indi- order under any concurrent resolution on the amendment. vidual producers and farm organizations and budget and the Congressional Budget Act of The amendment (No. 2823) was agreed recommended no substantial changes prior 1974, the cost of the energy savings perform- to. to the expiration of the 2002 Farm Bill. The ance contract program under title VIII of the AMENDMENTS NOS. 2831, 2833, 2717, 2699, AND 2794 Commission, in fact, suggested administra- National Energy Conservation Policy Act (42 Mr. CONRAD. Mr. President, I ask U.S.C. 801 et seq.) shall be zero. tive and enforcement practices that call for the Senator from Oklahoma if we improvements to better implement the cur- Mr. INHOFE. Mr. President, this might take the package of seven we rent law. amendment addresses the Energy Sav- reached agreement on. Again, NCGA recognizes the difficult task ings Performance Contract Program. It Mr. NICKLES. Mr. President, I am before you and the members of the Senate is a program that costs no money. It is happy to do that. I compliment our Budget Committee. We appreciate your lead- all paid for by the savings that are ac- ership and careful consideration of our grow- staffers, and I see them running to the ers’ concerns as you proceed with your work cumulated. This has been cleared on floor. on the FY 2005 Budget Resolution. both sides. Everyone is for it. I can’t We have four amendments our joint Sincerely, find anyone who is against it. The staffs have worked on: One, Senator DEE VAUGHAN, problem arose when CBO started scor- CONRAD’s amendment on tribal col- President. ing this after not having scored it. By leges; one by Senator BINGAMAN on the The PRESIDING OFFICER. The Sen- its very nature, it will not cost any pediatric vaccine reserve fund; one by ator from Oklahoma. money. Senator WYDEN on healthy forests; and Mr. NICKLES. I thank our colleagues Mr. BINGAMAN. Mr. President, let one by Senator KENNEDY on the SCHIP. from Mississippi and Georgia, because me congratulate my colleague, Senator We have reviewed those, and I believe collectively they saved the Senate INHOFE, for putting this amendment they have been approved by both sides. probably about two hours. I thank both forward. It is a very meritorious I add one additional amendment by of our colleagues for their cooperation. amendment. I urge all of my colleagues Senator THOMAS and Senator CONRAD, We are having very good cooperation. to support it. No. 2794, dealing with rural health. We are getting rid of a lot of amend- Mr. CONRAD. Mr. President, might I I ask unanimous consent that these ments. I know there are a few that peo- just inquire of the sponsor, what is the five amendments be considered en bloc.

VerDate jul 14 2003 01:22 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.044 S11PT2 S2656 CONGRESSIONAL RECORD — SENATE March 11, 2004 The PRESIDING OFFICER. Without amendment thereto is offered or a con- astating. Three hundred thousand chil- objection, it is so ordered. ference report thereon is submitted, that ex- dren suffer from asthma and never see Mr. CONRAD. Mr. President, these pands the pediatric vaccine distribution pro- a doctor because they are uninsured. five are fine. We have an agreement on gram established under section 1928 of the Three hundred and fifty thousand chil- Social Security Act (42 U.S.C. 1396s) to in- both sides on these five. clude coverage for children administered a dren with recurrent earaches or severe The PRESIDING OFFICER. Without vaccine at a public health clinic or Indian sore throats never see a doctor because objection, the amendments are agreed clinic and repeals the price cap for pre-1993 their families are uninsured. Uninsured to. vaccines, the chairman of the Committee on children are more likely to miss The amendments were agreed to en the Budget may revise allocations of new school, have worse grades, and are less bloc, as follows: budget authority and outlays, the revenue likely to succeed later in life. AMENDMENT NO. 2831 aggregates, and other appropriate aggregates to reflect such legislation, provided that While the 8.5 million children who re- (Purpose: To express the sense of the Senate such legislation would not increase the def- main uninsured challenge our con- regarding tribal colleges and universities) icit for fiscal year 2005 and for the period of science as a nation and tell us how At the end of the resolution, insert the fol- fiscal years 2005 through 2009. much more needs to be done, for mil- lowing: AMENDMENT NO. 2717 lions of these low- and moderate-in- ll SEC. . SENSE OF THE SENATE REGARDING (Purpose: To increase investments in imple- come children of working parents, the TRIBAL COLLEGES AND UNIVER- SITIES. mentation of the Healthy Forests Restora- Child Health Insurance Program has (a) FINDINGS.—The Senate finds the fol- tion Act to benefit national, forests, the been a lifeline and safety net. lowing: environment, local communities, and The CHIP program has been extraor- (1) American Indians from 250 federally local, economies) dinarily successful in providing health recognized tribes nationwide attend tribal On page 11, line 9, increase the insurance coverage to children. Even as colleges and universities, a majority of amount by $343,000,000. the number of uninsured adults has On page 11, line 10, increase the amount by whom are first-generation college students. risen dramatically, the number of un- (2) Tribal colleges and universities are lo- $84,000,000. cated in some of the most isolated and im- On page 11, line 14, increase the amount by insured children has actually fallen. poverished areas in the Nation, yet they are $84,000,000. Almost 6 million children are now en- the Nation’s most poorly funded institutions On page 11, line 18, increase the amount by rolled in CHIP and getting the care of higher education. While the Tribally Con- $84,000,000. they need and the care they deserve. trolled College or University Assistance Act, On page 11, line 22, increase the amount by $53,000,000. The children’s program has had grow- or ‘‘Tribal College Act’’ provides funding ing pains—it took longer than antici- based solely on Indian students, the colleges On page 12, line 1, increase the amount by have open enrollment policies providing ac- $38,000,000. pated for the program to get off the cess to postsecondary education opportuni- On page 23, line 5, decrease the amount by ground and even today, more than 4 ties to all interested students, about 20 per- $343,000,000. million children are uninsured even On page 23, line 6, decrease the amount by cent of whom are non-Indian. With rare ex- though they are eligible for either $84,000,000. ception, tribal colleges and universities do On page 23, line 10, decrease the amount by Medicaid or CHIP. Yet, the program is not receive operating funds from the States $84,000,000. working well and the only limitation for these non-Indian State resident students. On page 23, line 14, decrease the amount by to its continued expansion is lack of Yet, if these same students attended any $84,000,000. funds. More than $1 billion in unused other public institutions in their States, the On page 23, line 18, decrease the amount by CHIP dollars are due to revert to the State would provide basic operating funds to $53,000,000. the institution. Treasury this year at the same time On page 23, line 22, decrease the amount by that many states are running out of (3) While Congress has been increasing an- $38,000,000. nual appropriations for tribal colleges in re- CHIP dollars. It would be tragic if AMENDMENT NO. 2699 cent years, the President’s fiscal year 2005 these funds are lost to the children who budget recommends a $5,500,000 decrease in (Purpose: To prevent unspent SCHIP funds need help, and it would be a sad com- institutional operating funds. This rep- from reverting to the Treasury rather than being used to provide coverage for low-in- mentary on our national priorities if resents the third consecutive year that the we allow it to happen. President’s budget proposed decreases that come children) Congress must restore. On page 26, line 4, after ‘‘measures’’ insert Last year, we faced a similar situa- (4) Because of congressional budget res- ‘‘and including legislation to reallocate and tion and, with overwhelming bipartisan torations, the tribal colleges funded through maintain expiring SCHIP funds rather than support, we passed legislation to keep titles I and II of the Tribally Controlled Col- allowing such funds to revert to the Treas- expiring CHIP funds available for chil- lege or University Assistance Act are within ury’’. dren. We need to take the same deci- $19,000,000 of full funding at their authorized AMENDMENT NO. 2794 sive action this year. This amendment level. (Purpose: To restore discretionary funding gives the Congress the flexibility to (b) SENSE OF THE SENATE.—It is the sense levels for crucial rural health programs, of the Senate that— meet this need. It would clarify that such as the rural health and outreach the existing, budget neutral reserve (1) this resolution recognizes the funding grant program, the rural hospital flexi- challenges faced by tribal colleges and uni- bility grant program, the small hospital fund to address the needs of the unin- versities and assumes that priority consider- improvement program, telehealth, trauma sured could be used to prevent CHIP ation will be provided to them through fund- programs, and rural AED programs to fis- funds from reverting. ing of the Tribally Controlled College or Uni- cal year 2004 levels and offset this change This is a bipartisan amendment and versity Assistance Act, the Equity in Edu- by reductions in overall government travel it deserves bipartisan support. Sick cational Land Grant Status Act, title III of expenses) the Higher Education Act, and the National children belong to no political party. On page 16, line 12, increase the amount by Science Foundation Tribal College Program; And members on both sides of the aisle $100,000,000. have an obligation to act now, as they and On page 16, line 13, increase the amount by (2) such priority consideration reflects the $100,000,000. have in the past, to meet their needs. intent of Congress to continue to work to- On page 23, line 5, decrease the amount by AMENDMENT NO. 2810, AS MODIFIED ward statutory Federal funding authoriza- $100,000,000. tion goals for tribal colleges and univer- On page 23, line 6, decrease the amount by Mr. NICKLES. Mr. President, I also sities. $100,000,000. believe there is a sense-of-the-Senate AMENDMENT NO. 2833 AMENDMENT NO. 2699 resolution by the Senator from Arkan- (Purpose: To establish a reserve fund for ex- Mr. KENNEDY. Mr. President, every sas, Senator PRYOR, dealing with pansion of the pediatric vaccine distribu- child deserves a healthy start in life, LIHEAP. That is at no cost, and we tion program) but too many children do not receive have no objection to that sense of the At the end of subtitle A of title III, add the it. Their parents work hard, 40 hours a Senate as well. I ask for its consider- following: week, 52 weeks a year, but all their ation. SEC. 3ll. RESERVE FUND FOR EXPANSION OF The PRESIDING OFFICER. Without PEDIATRIC VACCINE DISTRIBUTION hard work is not enough to buy the PROGRAM. health insurance their children need. objection, the amendment is agreed to. If the Committee on Finance of the Senate The consequences for the 8 million The amendment (No. 2810), as modi- reports a bill or joint resolution, or an children who are uninsured are dev- fied, was agreed to, as follows:

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.172 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2657 (Purpose: Stating the sense of the Senate re- still shopping a few more amendments. The question is on agreeing to the garding the Low-Income Home Energy As- We are trying to get bipartisan agree- amendment. sistance Program and the weatherization ment on about half a dozen amend- The amendment (No. 2832) was agreed assistance program) ments. to. At the end of title V, insert the following: I suggest the absence of a quorum. AMENDMENT NO. 2780 SEC. ll. FINDINGS AND SENSE OF THE SENATE. The PRESIDING OFFICER. The Mr. CONRAD. Mr. President, on be- (a) FINDINGS.—The Senate finds that— (1) the United States is in the grip of per- clerk will call the roll. half of Senator CLINTON, we have an vasively higher home energy prices; The legislative clerk proceeded to amendment that establishes a reserve (2) high natural gas, heating oil, and pro- call the roll. fund for addressing minority health pane prices are, in general, having an effect Mr. NICKLES. Mr. President, I ask disparities, an agreement on both that is rippling through the United States unanimous consent that the order for sides. economy and are, in particular, impacting the quorum call be rescinded. I ask for approval of our colleagues. home energy bills; The PRESIDING OFFICER. Without The PRESIDING OFFICER. The (3) while persons in many sectors can adapt objection, it is so ordered. clerk will report. to natural gas, heating oil, and propane price increases, persons in some sectors simply AMENDMENT NO. 2832 The legislative clerk read as follows: cannot; Mr. NICKLES. Mr. President, Sen- The Senator from North Dakota [Mr. (4) elderly and disabled citizens who are ator ENZI and Senator CANTWELL have CONRAD], for Mrs. CLINTON, for herself, Mr. living on fixed incomes, the working poor, an amendment which I believe both KENNEDY, Mr. DASCHLE, and Mr. BINGAMAN, proposes an amendment numbered 2780. and other low-income individuals face hard- sides have agreed to. I send the amend- ships wrought by high home energy prices; ment to the desk. Mr. CONRAD. Mr. President, I ask (5) the energy burden for persons among The PRESIDING OFFICER. The unanimous consent that the reading of the working poor often exceeds 20 percent of the amendment be dispensed with. those persons’ incomes under normal condi- clerk will report. The legislative clerk read as follows: The PRESIDING OFFICER. Without tions; objection, it is so ordered. (6) under current circumstances, home en- The Senator from Oklahoma [Mr. NICKES] The amendment is as follows: ergy prices are unnaturally high, and these for Mr. ENZI and Ms. CANTWELL, proposes an are not normal circumstances; amendment numbered 2832. (Purpose: To establish a reserve fund for addressing minority health disparities) (7) while critically important and encour- Mr. NICKLES. Mr. President, I ask aged, State energy assistance and charitable On page 28, after line 7, insert the fol- assistance funds have been overwhelmed by unanimous consent that reading of the lowing: the crisis caused by the high home energy amendment be dispensed with. SEC.ll . RESERVE FUND FOR ADDRESSING MI- prices; The PRESIDING OFFICER. Without NORITY HEALTH DISPARITIES. (8) the Federal Low-Income Home Energy objection, it is so ordered. If the Committee on Appropriations of the Assistance Program (referred to in this sec- The amendment is as follows: Senate reports a bill or joint resolution, or tion as ‘‘LIHEAP’’) and the companion (Purpose: Increase funding for the Workforce an amendment thereto is offered or a con- weatherization assistance program (referred Investment Act (WIA) by $250 million in ference report thereon is submitted, that ad- to in this section as ‘‘WAP’’), are the Federal FY 2005, by increasing Function 500) dresses minority health disparities through Government’s primary means to assist eligi- activities including those at the HHS Office On page 15, line 16, increase the amount by ble low-income individuals in the United of Minority Health, the Office of Civil $250,000,000. States to shoulder the burdens caused by Rights, the National Center on Minority On page 15, line 17, increase the amount by their home cooling and heating needs; Health and Health Disparities, the Minority $32,000,000. (9) in 2003, LIHEAP reached only 15 percent HIV/AIDS initiative, health professions On page 15, line 21, increase the amount by of the persons in the United States who were training, and through the Racial and Ethnic $166,000,000. eligible for assistance under the program; Approaches to Community Health at the On page 15, line 25, increase the amount by (10) since LIHEAP’s inception, its infla- Centers for Disease Control and provides not $44,000,000. tion-adjusted buying power has eroded by 58 to exceed $400,000,000 in new budget author- On page 16, line 4, increase the amount by percent; and ity for fiscal year 2005, the chairman of the $5,000,000. (11) current Federal funding for LIHEAP is On page 23, line 5, decrease the amount by Committee on the Budget may revise alloca- not sufficient to meet the cooling and heat- $250,000,000. tions of new budget authority and outlays ing needs of low-income families. On page 23, line 6, decrease the amount by and other appropriate aggregates to reflect (b) SENSE OF THE SENATE.—It is the sense $32,000,000. such legislation, provided that such legisla- of the Senate that the levels in this concur- On page 23, line 10, decrease the amount by tion would not increase the deficit for fiscal rent resolution assume— $166,000,000. year 2005 and for the period of fiscal years (1) an adequate increase in funding for each On page 23, line 14, decrease the amount by 2005 through 2009. of fiscal years 2005 and 2006 to carry out the $44,000,000. Mr. KENNEDY. Mr. President, it is LIHEAP program; On page 23, line 18, decrease the amount by (2) an adequate increase in funding for fis- long past time for our country to face $5,000,000. cal year 2005 and an adequate increase in up to the fact of the health care crisis funding for fiscal year 2006 to carry out the Mr. NICKLES. Mr. President, I com- for minorities. African Americans in- WAP program; pliment my colleague from Wyoming, fants are twice as likely to die from (3) appropriations, for these programs, of Senator ENZI, and also Senator CANT- Sudden Infant Death Syndrome as sufficient additional funds to realistically WELL. Again, this is going to save us white babies. African Americans ages address the cooling and heating needs of low- about 45 minutes because they had dif- 55 to 64 are three times as likely to die income families; and ferent amendments and they came to a from stroke as whites. HIV infection in (4) advance appropriations of the necessary funds to ensure the smooth operation of the compromise. African American women is four times programs during times of peak demand. I compliment them for that and urge the rate in white women. For almost Mr. NICKLES. Mr. President, I thank the adoption of the amendment. every disease, African Americans are our colleagues. We are making good The PRESIDING OFFICER. Is there more likely to live sicker and die soon- progress. We have a few more to go. We further debate on the amendment? er. might have to have a couple more The Senator from North Dakota. These troubling health statistics are votes. I want people to be patient and Mr. CONRAD. Can we slow down a not unique to African Americans. expect as much. minute. Latinos, American Indians, Alaska Na- My colleague from Kentucky has Mr. BYRD. Mr. President, what does tives, and a number of Asian American been waiting and he is ready to offer an the amendment do? populations face significantly higher amendment. Possibly it can be accept- Mr. CONRAD. Could we ask a sponsor rates of illness, disability, and death ed. to briefly describe the amendment for from acute or chronic diseases. Mr. CONRAD. Mr. President, if I colleagues. The administration says it is com- might ask that we hold off until we Mr. ENZI. Mr. President, this bill mitted to improving minority health have had the ranking member of the provides $250 million for the Workforce but the Republican budget doesn’t re- Finance Committee look at that Investment Act training, and it takes flect this commitment. Instead, as the amendment. it out of 920. health crisis continues to escalate, the Mr. NICKLES. Mr. President, for the The PRESIDING OFFICER. Is there budget stays the same or is actually re- information of all colleagues, we are further debate on the amendment? duced for some programs.

VerDate jul 14 2003 01:22 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.051 S11PT2 S2658 CONGRESSIONAL RECORD — SENATE March 11, 2004 This amendment is a specific step to The PRESIDING OFFICER. The Sen- On page 3, line 11, increase the amount by improve minority health and minority ator from North Dakota has the floor. $998,000,000. health care. It creates a deficit-neutral Mr. CONRAD. Mr. President, I just On page 3, line 12, increase the amount by reserve fund for addressing minority ask what the Senator wants to do at $1,066,000,000. health disparities through federal this point. Does he want to proceed on On page 3, line 13, increase the amount by health agencies and programs. By con- a discussion? This is obviously some- $1,520,000,000. trast, the President’s budget cut fund- thing that cannot be accepted and On page 3, line 17, increase the amount by ing for the Office of Minority Health would require some discussion at this $876,000,000. and sets the budget of the Office for point. On page 3, line 18, increase the amount by Civil Rights so low that the office will What is the desire of the chairman? $1,054,000,000. be virtually powerless to carry out its Mr. NICKLES. Mr. President, I be- On page 3, line 19, increase the amount by mission. Our amendment provides more lieve we have had lots and lots of votes. $998,000,000. funds for both offices. I hope we can avoid any more votes, On page 3, line 20, increase the amount by With additional funding, the CDC’s but my guess is we will have to have $1,066,000,000. REACH program, which funds commu- some. My guess is we will have a vote On page 3, line 21, increase the amount by nity-based efforts to reduce disparities, on NIH—maybe not; maybe that can be $1,520,000,000. will be expanded, and so will the Mi- agreed to. We may have to have a vote On page 4, line 20, increase the amount by nority HIV/AIDS program. Greater sup- on this. That is fine. You just men- $876,000,000. port is needed for the National Center tioned an additional amendment, and On page 4, line 21, increase the amount by $1,054,000,000. for Minority Health and Health Dis- that was Senator LANDRIEU? On page 4, line 22, increase the amount by parities, and our amendment will pro- Mr. CONRAD. Senator LANDRIEU has $998,000,000. vide it. a pending amendment, Senator DURBIN The President’s budget essentially has an amendment pending, Senator On page 4, line 23, increase the amount by $1,066,000,000. zeroed out funds for training in the SCHUMER has a pending amendment, health professions, including programs On page 4, line 24, increase the amount by Senator GRAHAM of Florida, Senator $1,520,000,000. that support diversity training and cul- REED, Senator LEVIN. tural competency programs. Yet, just a On page 5, line 3, increase the amount by Mr. NICKLES. Don’t keep pointing. $876,000,000. year ago, on the birthday of Martin Lu- It is not fair to tell our colleague from ther King, Jr, the President said, ‘‘We On page 5, line 4, increase the amount by Kentucky he does not get a vote and $1,930,000,000. should not be satisfied with the current we have six people raising their hands. number of minorities on America’s col- On page 5, line 5, increase the amount by Mr. CONRAD. Let’s be clear. No one $2,928,000,000. lege campuses.’’ Diversity programs in on our side is saying the Senator can- medical schools and in the health pro- On page 5, line 6, increase the amount by not get a vote. He certainly can get a $3,994,000,000. fessions deserve continued funding, and vote. The point is it will take a vote our amendment will provide it. On page 5, line 7, increase the amount by and some discussion. There is a point $5,514,000,000. Minority Americans will suffer un- of order that lies against his amend- fairly from the administration’s ne- On page 5, line 11, increase the amount by ment. The Senator has every right to $876,000,000. glect. We can’t turn a blind eye to the seek a vote. On page 5, line 12, increase the amount by health needs of a quarter of our popu- The PRESIDING OFFICER. The Sen- $1,930,000,000. lation. The need is too great and I urge ator from Oklahoma. On page 5, line 13, increase the amount by the Senate to do the right thing. Mr. NICKLES. I will ask my col- $2,928,000,000. The PRESIDING OFFICER. Is there league to call upon one of his col- On page 5, line 14, increase the amount by further debate on the amendment? leagues to offer an amendment that $3,994,000,000. The Senator from Oklahoma. will require a vote. In the meantime, Mr. NICKLES. Mr. President, we On page 5, line 15, increase the amount by we will see if we cannot negotiate an $5,514,000,000. have reviewed the amendment and agreeable arrangement for the Senator have no objection. At the end of Title III, insert the following: from Kentucky to have a vote on his For the information of our col- SEC. . RESERVE FUND FOR ELIMINATING SUR- amendment and on the NIH. leagues, that eliminates a couple of VIVOR BENEFIT PLAN—SOCIAL SE- Mr. CONRAD. Senator LANDRIEU CURITY OFFSET. amendments. I thank our colleagues would be next on our side. If the Committee on Armed Services or the for cooperation and urge its adoption. The PRESIDING OFFICER. The Sen- Committee on Appropriations reports a bill The PRESIDING OFFICER. The ator from Louisiana. or joint resolution, or an amendment thereto question is on agreeing to the amend- is offered or a conference report thereon is AMENDMENT NO. 2775 ment. submitted, that provides for an increase to The amendment (No. 2780) was agreed Ms. LANDRIEU. Mr. President, I ask the minimum Survivor Benefit Plan basic to. to call up amendment No. 2775. annuity for surviving spouses age 62 and Mr. CONRAD. Mr. President, my col- The PRESIDING OFFICER. The older, the Chairman of the Committee on the league, Senator LANDRIEU, is next on clerk will report. Budget shall revise the aggregates, func- this side. She is prepared to go. The legislative clerk read as follows: tional totals, allocations, discretionary caps, I say to Senator MCCONNELL, the The Senator from Louisiana [Ms. and other appropriate levels and limits in ranking member of the Finance Com- LANDRIEU] proposes an amendment num- this resolution by up to $2,757,000,000 in budg- mittee has looked over his amendment, bered 2775. et authority and $2,757,000,000 in outlays over the total of fiscal years 2005 through 2009. and that is not something we could ac- Ms. LANDRIEU. Mr. President, I ask cept at this point. I don’t know if he is unanimous consent that the reading of Ms. LANDRIEU. On behalf of myself, interested in going forward with the the amendment be dispensed with. Senator MURRAY, Senator MIKULSKI, amendment at this stage. The PRESIDING OFFICER. Without Senator LINCOLN, Senator DASCHLE, Mr. MCCONNELL. I say to my friend objection, it is so ordered. Senator REID of Nevada, Senator NEL- from North Dakota, I would like to go The amendment is as follows: SON of Florida, Senator JOHNSON, Sen- on and offer the amendment. I am per- (Purpose: To provide for eliminating the Sur- ator CLINTON, and on behalf of 5.5 mil- fectly content to have it laid aside and vivor Benefit Plan—Social Security offset lion members of the military coalition have a vote. I will ask for a vote. for military widows and widowers while re- and their families, I ask my colleagues Mr. BAUCUS. There should be some ducing the debt, offset by the elimination to consider giving us the 51 votes nec- discussion on this amendment. It is a of tax benefits to individuals and corpora- essary to pass this important amend- tions that avoid United States taxation by very important amendment. This is an establishing a foreign domicile and other ment tonight. This amendment will re- amendment that raises a point of order tax loopholes and tax shelters) store the full pension promised and against any revenue measure which has On page 3, line 9, increase the amount by counted on by widows and widowers of the effect of an increase in the tax rate $876,000,000. our military personnel. This particular at the top bracket. I don’t think that is On page 3, line 10, increase the amount by group of patriots is ironically the only something—— $1,054,000,000. group of Federal employees to see their

VerDate jul 14 2003 01:22 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.182 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2659 pension plan reduced by an average of to the childcare tax credit; and Senator Mr. LEVIN. Staff has a copy. 37 percent. KENNEDY, on Medicare. Mr. NICKLES. Still, I do not know If we receive 51 votes in this Chamber Those are the remaining major what it is. tonight, there will be 250,000 widows, amendments on this side. I think that Mr. CONRAD. We have to ask for primarily, some widowers, who will see gets them all. There is also an amend- people’s patience, because, please un- their pensions increased, and over a ment that is cosponsored by a number derstand, the staff of the chairman of million potential widows and widowers of people on our side as well as people the committee and my staff now have will see their pension increased. on the other side. We also have a Reed in a queue a whole series of amend- For the State of Alabama, 6,000 fami- amendment on higher education; and ments that have been shared on both lies will be directly affected; the State Pryor on IRA, that was not agreed to. sides but have not necessarily been of Georgia, 9,000 families; Maryland, We also have an amendment that is in evaluated fully by staff on both sides. 5,700; North Carolina, 8,000; Ohio, 5,000; negotiation, I might say, from Senator Senator LEVIN’s is on homeland secu- Pennsylvania, 7,000; South Carolina, LEAHY, on nutrition. rity. 6,000; Texas, 21,000; and Virginia, 13,000. On the other side, there is an amend- Mr. NICKLES. Mr. President, we If we do not pass this amendment, all ment from Senator DOLE on nutrition. have voted on homeland security four of these families and widows will re- There are amendments on the other or five times. ceive hundreds of dollars less per side that maybe the chairman could re- Mr. LEVIN. This is a Levin-Collins month than they were counting on and view. amendment. It halts deliveries to the we promised. The PRESIDING OFFICER. The Sen- Strategic Petroleum Reserve for the The offset would be to make sure ator from Oklahoma. next 50 million barrels given the price that people who earn money in the Mr. NICKLES. Mr. President, we of gasoline and jet fuel. United States and try to flee and go have a couple, three on our side that Mr. NICKLES. Let’s look at it. I other places and claim that they are may require votes. I think we may be haven’t looked at it yet. If the Senator patriots, we would let them pay the tax able to work out a few of these without wants to call up an amendment for a so these real patriots, the people who votes. That is my intention. It is my rollcall vote, I suggest we do the Day- moved every 2 years and put their lives hope. I am relatively sure we are not ton amendment. I remember that from on the line and then counted on their going to agree to Senator DAYTON’s last year. Mr. CONRAD. That is not next on our pension, would really get it. amendment. If he insists on a rollcall The Senator from Oklahoma will say vote, we can vote on that. We need to list. Next on our list after Levin—and it costs money and it will close a tax have a rollcall vote, I believe, on NIH. perhaps that can be worked out, the loophole for those who flee so they do We only have a couple on our side. And Levin-Collins amendment; it is not ad- not pay taxes to support our troops. we have had very few on our side. ditional money—is the Durbin global This body should pay the pensions of I might just mention, we agreed to AIDS amendment. That is the next in the military widows and widowers. about four, six Democrat amendments, our line. Mr. NICKLES. Again, we have an That is what my amendment will do. and you agreed to one or two of ours. amendment that Senator LUGAR has on The PRESIDING OFFICER. The Sen- We need a little more cooperation. I global AIDS in foreign affairs. Maybe ator from Oklahoma. think we can finish tonight. That they can get together and we can Mr. NICKLES. We just need a little would be my intention. I apologize be- eliminate a vote on both of those. time to look at the amendment. I got cause I know for some colleagues it is Mr. President, I suggest the absence caught off guard. We will consider your getting very late, but I am afraid if we of a quorum. amendment. If the Senator does not come back tomorrow we might have 20 The PRESIDING OFFICER. The mind, we will set it aside temporarily votes. I do believe we can continue clerk will call the roll. and try to dispose of it in a very short plowing ahead. The legislative clerk proceeded to period of time. I thought when we agreed to Senator call the roll. I suggest the absence of a quorum. PRYOR’s one amendment, that was it Mr. NICKLES. Mr. President, I ask We need a little break to assess where for the night. Maybe we did not have unanimous consent that the order for we are. quite the understanding I thought we the quorum call be rescinded. The PRESIDING OFFICER. The did. The PRESIDING OFFICER. Without clerk will call the roll. I would suggest this. Let’s lay aside objection, it so ordered. The legislative clerk proceeded to Senator LANDRIEU’s amendment be- Mr. NICKLES. Mr. President, Sen- call the roll. cause we might be able to work that ator CRAPO and Senator SARBANES have Mr. CONRAD. Mr. President, I ask one out. I am not familiar with what an amendment that we have agreed to. unanimous consent that the order for Senator LEVIN’s amendment is. I am Then I believe Senator PRYOR wants to the quorum call be rescinded. familiar with Senator DAYTON’s discuss his amendment. I think we can The PRESIDING OFFICER. Without amendment. We can dispose of that handle both of those. objection, it is so ordered. very quickly. Pell grants—we have al- Senator SARBANES, do you want to Mr. CONRAD. Mr. President, for the ready had four amendments on Pell start? information of our colleagues, this is grants, and we adopted an amendment AMENDMENT NO. 2784 where we stand at this moment on this on Pell grants. I do not think we need Mr. SARBANES. Mr. President, this side. We are down to about 10 amend- another vote on Pell grants, is my ini- is an amendment Senator CRAPO and ments that would require votes if we tial thought. Senator JEFFORDS and I and others are not able to work them out. I would suggest, let’s put one or two have joined in cosponsoring, Senator Let me list, on our side, the amend- of these in the votes, and then maybe COLLINS, Senator HARRY REID, Sen- ments and the rough order. Please do we can work out the rest of these while ators KERRY, MIKULSKI, and CLINTON. not hold me to this specific order, we are voting on a couple of amend- This is to boost the funding for the En- other than the first five, because it is ments. vironmental Protection Agency for the really the first five that we have made The PRESIDING OFFICER. The Sen- clean water and safe drinking water commitments on: Senator LANDRIEU, ator from North Dakota. State revolving funds. It would be off- the amendment she has already of- Mr. CONRAD. Mr. President, might I set by account 920. fered; Senator LEVIN, on homeland se- recommend, in terms of the order on As I understand it, it is acceptable to curity; Senator DURBIN, on global this side, if we are putting aside the managers of the bill. We hope it AIDS; Senator LAUTENBERG, on debt Landrieu, with the hopes of perhaps will be adopted. limit; Senator SCHUMER, an amend- working that out, that we go to Sen- The PRESIDING OFFICER. The Sen- ment that relates to the Energy bill; ator LEVIN. He is next on our side. ator from Idaho. and then, in addition to that, Senator If the chairman would want to go to Mr. CRAPO. Mr. President, I call up DAYTON, on IDEA; Senator GRAHAM, on your side? the amendment. Pell grants; Senator BYRD, on bio- Mr. NICKLES. Could you give me a The PRESIDING OFFICER. The shield; Senator LINCOLN, with respect hint what his amendment might be? clerk will report.

VerDate jul 14 2003 01:22 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.178 S11PT2 S2660 CONGRESSIONAL RECORD — SENATE March 11, 2004 The legislative clerk read as follows: for drinking water and environmental pro- Executive Director, The Senator from Idaho [Mr. CRAPO], for tection. The Budget Amendment offered by American Water himself, Mr. SARBANES, Mr. JEFFORDS, Ms. Senators Crapo, Sarbanes and Jeffords would Works Association. provide $3.2 Billion in budget authority for COLLINS, Mr. REID, Mr. KERRY, Ms. MIKULSKI, DIANE VANDE HEI, the Clean Water State Revolving Loan Fund and Mrs. CLINTON, proposes an amendment Executive Director, As- numbered 2784. (CWSRF). State Water Pollution Control sociation of Metro- Programs are in significant need of these politan Water Agen- Mr. CRAPO. I ask unanimous consent funds. cies. that reading of the amendment be dis- The CWSRF has been an extremely effec- WILLIAM BERTERA, pensed with. tive and efficient mechanism to address Executive Director, The PRESIDING OFFICER. Without point and nonpoint sources of pollution. In- Water Environment objection, it is so ordered. creased capitalization not only will protect Federation. the environment and public health, but also The amendment is as follows: STEVE HALL, create jobs and provide funds for securing (Purpose: To increase funding for the Envi- Executive Director, As- the nation’s water infrastructure. Analysis sociation of Cali- ronmental Protection Agency for the Clean suggests that at least $3 Billion is needed an- fornia Water Agen- Water and Safe Drinking Water State Re- nually to adequately capitalize the Fund. cies. volving Funds) The return on Federal investment in the On page 11 line 9, increase the amount by CWSRF is excellent—over 1.97 times or is $3,000,000,000. nearly double the Federal capitalization. LEAGUE OF CONSERVATION VOTERS, On page 11 line 10, increase the amount by The CWSRF has served the nation well, Washington, DC, March 10, 2004. $150,000,000. helping to achieve environmental and public Re oppose S. Con. Res. 95, the Senate Budget On page 11 line 14, increase the amount by health goals and meet Clean Water Act re- Committee mark; support pro-environ- $450,000,000. quirements. The Crapo/Sarbanes/Jeffords mental amendments to the Fiscal Year On page 11 line 18, increase the amount by Amendment would enable States to better 2005 Budget Resolution. $900,000,000. meet the extremely large water pollution U.S. SENATE, On page 11 line 22, increase the amount by control needs in local communities. Washington, DC. $900,000,000. Sincerely, DEAR SENATOR: The League of Conserva- On page 12 line 1, increase the amount by ROBBI SAVAGE, tion Voters (LCV) is the political voice of $450,000,000. Executive Director. the national environmental community. On page 23 line 5, decrease the amount by Each year, LCV publishes the National Envi- $3,000,000,000. WATER ENVIRONMENT FEDERATION ronmental Scorecard, which details the vot- On page 23 line 6, decrease the amount by March 9, 2004. ing records of Members of Congress on envi- $150,000,000. SUPPORT THE CRAPO/SARBANES/JEFFORDS ronmental legislation. On page 23 line 10, decrease the amount by AMENDMENT TO BUDGET $5.2 BILLION FOR LCV urges Congress to oppose S. Con. Res. $450,000,000. THE CLEAN & SAFE DRINKING WATER SRFS 95, the Senate Committee Mark of the Fiscal On page 23 line 14, decrease the amount by Year 2005 Budget Resolution which dis- $900,000,000. DEAR SENATOR: The undersigned organiza- On page 23 line 18, decrease the amount by tions strongly urge you to support the proportionately targets programs that pro- $900,000,000. amendment by Senators Crapo, Sarbanes and tect our environment and natural resources, On page 23 line 22, decrease the amount by Jeffords to provide $3.2 billion in budget au- threatening clean air, clean water, national $450,000,000. thority for the Clean Water State Revolving parks, wildlife, and other critical priorities. Loan Fund (SRF) and $2 billion in budget au- We urge you to protect our environment by Mr. CRAPO. Mr. President, this is an thority for the Drinking Water State Revolv- voting for all amendments that would pro- amendment that deals with one of the ing Loan Fund. The SRFs help local commu- vide needed resources to protect the environ- most critical environmental issues in nities meet water quality standards, repair ment. In particular, we urge you to support: our Nation today. That is the infra- and replace old and decaying pipelines and Lautenberg (D–NJ)—Boxer (D–CA) amend- structure needs of our cities and coun- plants, protect public health, and ensure ment to reinstate Superfund ‘‘polluter pays’’ ties across the Nation. We have a very continued progress in restoring the health fees. Superfund waste sites remain a serious significant unmet need in our water in- and safety of America’s water bodies. public health threat. Taxpayers have picked This investment is a much-needed down up an increasingly large share of the bill for frastructure that is critical for the payment to improve our nation’s water and cleanups since the polluter pays fee expired clean water and safe drinking water wastewater treatment plants. Your support in 1995, while overall funding for the program promises we have made to our people. for additional funding for the SRFs would has dropped by 35 percent. As a result, EPA Accordingly, this amendment will add help stimulate the economy, create jobs and completed only 40 cleanups last year, half approximately $3.2 billion to the clean provide funds for securing our water infra- the average number of cleanups during the and safe drinking water revolving loan structure for generations to come. Water in- mid to late-1990s. The Lautenberg-Boxer funds, giving them the ability to sig- frastructure in the U.S. has become anti- amendment would reinstate the polluter quated, with many pipes as much as 50–100 nificantly enhance the opportunities pays mechanism, providing nearly $1.6 bil- years old. The funding increase provided by lion in annual revenue and enabling more for our communities across this Nation this amendment is essential to protect our cleanups to be completed. to assure clean and safe water. nation’s rivers and lakes and to assure clean Crapo (R–ID)—Sarbanes (D–MD)—Jeffords Mr. NICKLES. Mr. President, I urge water for communities across the country. (I–VT) amendment to increase clean water adoption of the amendment. When the Clean Water Act was passed funding. Three decades after enactment of Mr. JEFFORDS. Mr. President, I rise more than thirty years ago the federal gov- the Clean Water Act, 40 percent of our na- before you today as a cosponsor of the ernment made a commitment to the Amer- tion’s waters are still too polluted for fishing ican people to clean up the nation’s waters. Crapo amendment to increase the funds and swimming. In addition, EPA has esti- At that time the federal government funded mated that over the next 20 years over $535 available for the clean water and the 75 percent of the costs of maintaining a clean drinking water State revolving funds. billion in water infrastructure funding will water infrastructure in America; today the be needed. This amendment would provide a I ask unanimous consent that letters federal government funds a mere 5%. At the combined $5.2 billion for the Clean Water current rate of expenditures, the gap in fund- of endorsement for the Crapo amend- State Revolving Fund and Safe Drinking ing for clean water infrastructure would be ment from the League of Conservation Water State Revolving Fund, enabling the Voters, the League of Cities, various more than half a trillion dollars by 2019. We support this amendment because it in- federal government to help states maintain environmental organizations, labor, creases water funding substantially this year and improve water and wastewater infra- water and wastewater infrastructure and takes a step toward a longer-term solu- structure. groups be printed in the RECORD. tion for our nation’s water needs. While we appreciate the need for Congress There being no objection, the mate- Maintaining clean and safe water remains to address our nation’s fiscal problems, we rial was ordered to be printed in the one of our nation’s highest priorities even oppose using this need as cover for starving critical environmental programs while leav- RECORD, as follows: though funding its continued improvement is one of our greatest challenges. ing larger budget problems unresolved. We ASSOCIATION OF STATE AND INTER- $5.2 billion for the Clean & Safe Drinking urge you to oppose the Budget Committee STATE WATER POLLUTION CONTROL Water SRFs. mark, and to vote for needed spending in- ADMINISTRATORS, We urge you to support the amendment to creases for clean water, healthy commu- Washington, DC, March 10, 2004. the Senate Budget Resolution that would nities, national parks, wildlife preservation, Re Crapo/Sarbanes/Jeffords amendment in provide $5.2 billion for the Clean Water and and the Land and Water Conservation Fund. Support of Clean Water Revolving Fund. Safe Drinking Water SRFs. LCV’s Political Advisory Committee will DEAR SENATOR: The nation’s rivers and Sincerely, consider including votes on these issues in lakes are our most precious natural resource JACK HOFFBUHR, compiling LCV’s 2004 Scorecard. If you need

VerDate jul 14 2003 01:22 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.180 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2661 more information, please call Betsy Loyless as aging infrastructure deteriorates. Water the widespread support among Ameri- in my office at (202) 785–8683. infrastructure in the U.S. has become anti- cans for Federal investments in clean Sincerely, quated, with many pipes as much as 50–100 water protections. DEB CALLAHAN, years old. The funding increase provided by The poll showed that 91 percent of President. this amendment is essential to protect our Americans are concerned that our wa- nation’s rivers and lakes and to assure clean NATIONAL LEAGUE OF CITIES, water for communities across the country. terways will not be clean for our chil- Washington, DC, March 10, 2004. When the Clean Water Act was passed dren and grandchildren. U.S. SENATE, more than thirty years ago the Federal Gov- It showed that 91 percent of Ameri- Washington, DC. ernment made a commitment to the Amer- cans agree that if we are willing to in- DEAR SENATOR: On behalf of the National ican people to clean up the Nation’s waters. vest billions of dollars annually in League of Cities and the 18,000 cities and At that time the Federal Government funded highways and airways, we should be towns across the nation we represent, we 75% of the costs of maintaining a clean willing to make the necessary invest- urge you to support the amendment to the water infrastructure in America; today the ments in our Nation’s waterways. Budget Resolution being proposed by Sen- federal government funds a mere 5%. At the It showed that 90 percent of Ameri- ators Crapo, Sarbanes and Jeffords which current rate of expenditures, the gap in fund- would allocate 5.2 billion for the nation’s ing for clean water infrastructure would be cans believe that a Federal investment water infrastructure needs. more than half a trillion dollars by 2019. We to guarantee clean water is a critical While the State Revolving Funds (SRFs) support this amendment because it increases component of our Nation’s environ- for wastewater and drinking water have pro- water funding substantially this year and mental well-being. vided valuable assistance to local govern- takes a step toward a longer-term solution The Water Infrastructure Network in ments, many municipalities face critical for our nation’s water needs. 2000 estimated $380 billion dollars are needs—as documented by studies and surveys Maintaining clean and safe water remains needed for clean water and drinking from EPA, GAO, CBO and the Water Infra- one of our Nation’s highest priorities even water over 20 years. structure Network indicating a gap of $23 though funding its continued improvement is The EPA in 2002 estimated $270 bil- billion annually to meet water infrastruc- one of our greatest challenges. We again urge ture repair and replacement needs—that sim- you to support the amendment to the Senate lion are needed for clean water and $265 ply cannot be addressed by raising rates or Budget Resolution that would provide $5.2 billion are needed for drinking water. by the level of funding currently available billion for the Clean Water and Safe Drink- The Congressional Budget Office esti- through the SRF program. ing Water SRFs. mated a range of $132 and $388 billion NLC recognizes the current fiscal con- American Rivers, Association of Metro- are needed for clean water and $70 and straints facing all levels of government. To politan Sewerage Agencies, Clean Water Ac- $362 billion are needed for drinking address these limitations effectively will re- tion Alliance of Massachusetts, Clean Water water. quire the development of new and innovative for North Carolina, Defenders of Wildlife, In light of these statistics, the ad- partnerships and joint ventures if we are to Earthjustice, Environmental Integrity ministration responded with a 37-per- maintain and improve the nation’s water Project, Friends of the Earth, Informed cent cut in the fiscal year 2005 budget. quality goals and priorities. All levels of Choices, Legal Environmental Assistance This is truly astonishing. government have a vested interest in clean Foundation, Michigan Clean Water Action, water and safe drinking water and total fi- In the last 5 years, an extremely Mono Lake Committee, Natural Resources broad consensus has emerged that nancial responsibility for these objectives Defense Council, National Audubon Society, cannot be solely the responsibility of local National Consumer Law Center on behalf of more money is needed for water infra- governments. Clean and safe water have eco- our low-income clients, National Environ- structure. nomic consequences, not only in municipali- mental Trust, NJ Coalition Against Toxics, Time after time Americans express ties, but also of statewide and national sig- Ohio River Foundation, Pennsylvania Clean their outrage at the weakening of clean nificance. Therefore investments in these ob- Water Action, Physician for Social Responsi- and safe water protections and express jectives must also be shared. bility, Portland Cement Association, Public their willingness to pay to maintain We believe a reinvigorated federal finan- Citizen, Rural Community Assistance Pro- water quality standards. cial partnership is essential to assist local gram, Sierra Club, The Ocean Conservancy, governments in maintaining and enhancing However, time after time, these The Wilderness Society, Underground Con- strong statements fall on deaf ears in this critical infrastructure and urge you to tractors Association of Illinois, Western Coa- support the Crapo-Sarbanes-Jeffords amend- lition of Arid States. this administration. ment allocating $5.2 billion for fiscal 2005 for The administration seems to recog- the Clean Water and Drinking Water State NATIONAL HEAVY & nize the need for water infrastructure Revolving Funds. HIGHWAY ALLIANCE, in Iraq, but fails to recognize it here at Very truly yours, Washington, DC, March 11, 2004. home. CHARLES LYONS, DEAR SENATORS: On behalf of the skilled The administration seeks close to President, Selectman, Arlington, MA. construction workers whom we represent, I $3.5 billion for water and sewer services write to urge you to support the amendment repair in Iraq, at the same time that it MARCH 9, 2004. by Senators Sarbanes, Crapo and Jeffords Re support Senate Budget Resolution of $5.2 seeks a $500 million cut, close to a 40 which will provide an additional $5.2 billion percent reduction for clean water infra- billion for Clean & Safe Drinking Water in budget authority for the Clean Water and SRFs. Safe Drinking Water state revolving loan structure spending, at home. DEAR SENATOR: We write on behalf of our funds during the 2005 fiscal year. The administration seeks $775 mil- millions of members who urge you to protect In addition to the various positive environ- lion for water resources improvements human health and the environment by sup- mental impacts which these funds will have in Iraq, and a 5 percent cut for the porting the amendment sponsored by Sen- on America’s water supply, tens of thousands Army Corps of Engineers at home. ators Sarbanes, Crapo, and Jeffords to pro- of new construction jobs will be created by It is the Army Corps of Engineers vide $3.2 billion in budget authority for the adoption of this amendment. We need not re- that is executing many of the public Clear Water State Revolving Loan Fund mind you of the pervasive anxiety shared by works improvements in Iraq using ex- (SRF) and $2 billion in budget authority for many Americans concerning our economy pertise built at home. the Drinking Water State Revolving Loan and the so-called ‘‘jobless recovery’’ which The administration’s cut was accom- Fund. The SRFs help local communities persists throughout the country. Congress meet water quality standards, repair and re- needs to invest and grow the economy panied by a lengthy discussion of how place old and decaying pipelines and treat- through these types of water infrastructure that cut was actually an increase due ment plants, protect public health, and en- investments. to outyear assumptions about spend- sure continued progress in restoring the Please support the Sarbanes, Crapo and ing. health and safety of America’s water bodies. Jeffords amendment. My only reaction to these types of This investment is a much-needed down Sincerely, statements is that Americans can’t get payment to improve our nation’s water and RAYMOND J. POUPORE, cleaner water with outyear assump- wastewater treatment plants. Your support Executive Director. tions. for additional funding for the SRFs would Mr. JEFFORDS. In the clean water The District of Columbia can’t get help stimulate the economy, create jobs and arena, the budget before us today fails provide funds for securing our water infra- lead-free pipes today with budget gim- structure for generations to come. As the re- to recognize the staggering water re- micks and future promises. cent crisis with lead contamination from old source needs of this Nation. The residents of Washington and our pipes in Washington, D.C. highlights, the na- A recent poll by Frank Luntz, a well- entire Nation need clean and safe water tion faces a serious drinking water problem known Republican pollster, documents now.

VerDate jul 14 2003 01:22 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.065 S11PT2 S2662 CONGRESSIONAL RECORD — SENATE March 11, 2004 Some say that the reductions pro- ing, but that is still far short of what peake Bay watershed. Without Federal posed by the administration are only is needed. assistance, however, it is unlikely that part of the budget game—that the ad- Despite important progress over the the upstream States will make a sub- ministration really hopes that Con- last three decades, EPA reports that stantial investment in the water qual- gress will reinstate previous funding more than 40 percent of our Nation’s ity of the Bay. The Congress under- levels. lakes, rivers, and streams are still too stood the interstate dynamic of pollu- Perhaps this would be believable if impaired for fishing or swimming. Dis- tion in 1972 when a bipartisan majority these were isolated instances where charges from aging and failing sewer- passed the Clean Water Act and began this administration completely failed age systems, urban storm water and funding waste treatment infrastruc- to support clean and safe water pro- other sources, continue to pose serious ture. In 1979 and 1980, the Congress pro- grams. threats to our Nation’s waters, endan- vided $5 billion in clean water con- But this is not an isolated instance. gering not only public health, but fish- struction grants alone to assist mu- This reduction was proposed against ing and recreation industries. Popu- nicipalities with wastewater infra- the backdrop of systematic actions to lation growth and development are structure needs. Over the years, budg- weaken, rollback, and fail to enforce placing additional stress on the Na- etary pressures and other factors have clean and safe water protections. tion’s water infrastructure and its abil- reduced that funding level, and in fis- The fiscal year 2005 budget is not the ity to sustain hard-won water quality cal year 2004, we provided only $1.34 bil- proposal of an administration that has gains. lion in clean water State revolving made clean water a priority. Across the Nation, our wastewater loan funds. It is the proposal of an administra- and drinking water systems are aging. It is vital that the Federal Govern- tion that from day one until the In some cases, systems currently in use ment maintain a strong partnership present has systematically turned its were built more than a century ago and with States and local governments in back on the 90 percent of Americans have outlived their useful life. For averting the massive projected funding who are concerned about water quality. many communities, current treatment gap and share in the burden of main- I can only hope that those Americans is not sufficient to meet water quality taining and improving the Nation’s are paying attention to today’s debate. goals. water infrastructure. Municipalities In 2004, I joined my colleagues, Sen- In April 2000, the Water Infrastruc- need significant resources to comply ators CRAPO and SARBANES in offering ture Network, WIN, a broad coalition with Federal clean water and drinking an amendment to the fiscal year 2004 of local elected officials, drinking water standards. In the 107th Congress, budget resolution that is similar to the water and wastewater service pro- House and Senate committees approved amendment we offer today. viders, State environmental and health bills to authorize $20 billion over 5 It was accepted without controversy administrators, engineers and environ- years for the clean water act SRF, un- by the full Senate, but later dropped in mentalists released a report, ‘‘Clean & derscoring the recognition that some- conference with the House. Safe Water for the 21st Century.’’ The thing must be done to address this It is time that we all start listening report documented a $23 billion a year funding gap. An increase in funding for to the Americans who tell us over and shortfall in funding needed to meet na- the clean water SRF to $3.2 billion and over again that clean water is impor- tional environmental and public health for the drinking water SRF to $2 bil- tant to them. It is time to send a priorities in the Clean Water Act and lion in fiscal year 2004 is the first step strong statement to the House of Rep- Safe Drinking Water Act and to replace necessary to meet the Federal Govern- resentatives and the President that we aging and failing infrastructure. ment’s longstanding commitment in will not stand by while water quality In May 2002, the Congressional Budg- this regard. needs are shortchanged. et Office released a report that esti- This is an investment in the health I urge my colleagues to vote ‘‘yes’’ mated the spending gap for clean water of Americans and in a clean environ- on the Crapo amendment. needs between $132 billion and $388 bil- ment that will pay substantial divi- Mr. SARBANES. Mr. President, I am lion over 20 years and the spending gap dends. Wastewater treatment plants pleased to join with my colleagues, for drinking water needs at between $70 not only prevent billions of tons of pol- Senators CRAPO and JEFFORDS in, once billion and $362 billion over 20 years. lutants each year from reaching our again, offering this amendment to In September 2002, the EPA released rivers, lakes, streams, and coasts, they boost Federal funding for the clean a ‘‘Clean Water and Drinking Water In- also help prevent water-borne diseases water and safe drinking water state re- frastructure Gap Analysis’’ which and make waters safe for swimming volving funds, SRF, from the level rec- found that there will be a $535 billion and fishing. ommended in the budget resolution, gap between current spending and pro- According to the Water Infrastruc- $2.191 billion to $5.2 billion—$3.2 billion jected needs for water and wastewater ture Network: for the clean water SRF and $2 billion infrastructure over the next 20 years if Clean water supports a $50 billion a year for the safe drinking water SRF. The additional investments are not made. water-based recreation industry, at least $300 amendment is similar to the amend- This figure does not even account for billion a year in coastal tourism, a $45 bil- ment which we offered to the fiscal investments necessary to meet water lion annual commercial fishing and shell fishing industry, and hundreds of billions of year 2004 budget resolution and which quality goals in nutrient impaired wa- dollars a year in basic manufacturing that was agreed to by voice vote, but regret- ters, such as the Chesapeake Bay. relies on clean water. Clean rivers, lakes, tably not approved by the House-Sen- The need for additional investment and coastlines attract investment in local ate conference committee. in wastewater and drinking water in- communities and increase land values on or I spoke last year about the compel- frastructure is clearly documented. near the water, which in turn, create jobs, ling need for increasing Federal sup- But, States, localities and private add incremental tax base, and increase in- port for our Nation’s water infrastruc- sources can’t meet the funding gap come and property tax revenue to local, ture, and I just want to underscore alone. States are currently facing the state, and the federal government. Some worst fiscal crisis in 50 years and can- 54,000 community drinking water systems some of the key arguments today. provide drinking water to more than 250 mil- The President’s fiscal year 2005 budg- not afford to make new investments in lion Americans. By keeping water supplies et and this resolution once again se- clean water and drinking water infra- free of contaminants that cause disease, verely shortchange, in my judgment, structure. Water pollution is an inter- these systems reduce sickness and related the funds needed by State and local state problem that demands a Federal health care costs and absenteeism in the governments to upgrade their aging response. Water from six States flows workforce. wastewater and drinking water infra- into the Chesapeake Bay. Even if They also create jobs—indeed tens of structure. The President’s budget pro- Maryland had the resources to com- thousands of jobs—and provide stim- vides only $1.7 billion for both State re- plete construction of all needed waste- ulus to the economy. Each $1 billion in volving funds, split equally. This budg- water infrastructure, the Chesapeake sewer and water improvements creates et resolution recommends $2.191 billion Bay cleanup efforts will only be suc- an estimated 40,000 jobs. With more for both funds—which represents the cessful if similar investments are made than $5 billion in water infrastructure fiscal year 2004 enacted level of fund- in the five other States in the Chesa- projects ready for construction, these

VerDate jul 14 2003 01:22 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.070 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2663 jobs would be created immediately Mr. SARBANES. Mr. President, I consider it. I think it is something that with Federal assistance. According to move to reconsider the vote. has value and something that we can OMB, every Federal dollar invested in Mr. NICKLES. I move to lay that mo- do to possibly help thousands, maybe water infrastructure generates up to $4 tion on the table. tens of thousands or more Americans for project loans, so the potential for The motion to lay on the table was get through this very difficult time. job creation from this amendment is agreed to. With that, I yield the floor. tremendous. Mr. NICKLES. Mr. President, I sug- Mr. CONRAD. Mr. President, I ask As I stated earlier, the case for this gest the absence of a quorum. that we recognize Senator GRAHAM to amendment is compelling. Today, The PRESIDING OFFICER. The discuss his amendment on Pell grants. maintaining clear, safe water remains clerk will call the roll. I give him 2 minutes off of the resolu- one of our greatest national and global The legislative clerk proceeded to tion. challenges. This budget resolution call the roll. The PRESIDING OFFICER. The Sen- should not, and need not, come at the Mr. DOMENICI. Mr. President, I ask ator from Florida is recognized. expense of human health or a clean en- unanimous consent that the order for Mr. GRAHAM of Florida. Mr. Presi- vironment. the quorum call be rescinded. dent, Senator CLINTON and I have been I urge my colleagues to support this The PRESIDING OFFICER. Without concerned about the status of the non- amendment and help address the mas- objection, it is so ordered. traditional college student, the adult sive funding gap that looms on the ho- Mr. DOMENICI. Mr. President, I am who comes back to college at 35 or 40 rizon. Failure to act now risks under- speaking now to the chairman of the to get some additional skills or, par- mining 30 years of progress in cleaning committee. May I ask him a question, ticularly, in these changing economic up our Nation’s waters. please, or his counterpart? times, to get a new skill that has eco- Mr. INHOFE. Mr. President, several You were going through a list of nomic value. analyses of the water infrastructure amendments. We all try to be prepared Most of our student financial aid pro- funding gap have been released. The so we can be helpful to you. I heard an grams are thinking about the 18-year- analyses show gaps ranging from $3 bil- amendment by the Senator from New old student coming directly from high lion a year to $23 billion a year. Re- York. I asked the Senator from New school. As an example, Pell grants do gardless of which number one chooses, York, who is on the floor, if she had not apply to summer school. Many the evidence is mounting that we as a one. She didn’t. It had something to do adults wishing to get through their nation are not investing enough in the with the energy bill. Are you aware of training as rapidly as possible go year infrastructure that provides Americans what that is? Could we ask the other round. There are also some costs that with clean and safe water. side what the amendment of the distin- are not recognized in the Pell grant, Much of that gap is due to the rising guished Senator from New York re- such as child care. Very few 18-year- cost municipalities must incur to meet garding the energy bill is. Who knows? olds have a need for child care; lots of ever-growing Federal regulations. Reg- You don’t know either. 35-year-olds do. ulations that are kicking in at a time Mr. CONRAD. We don’t have the One of the key parts of the amend- when many treatment plants are ex- amendment in our hands. We are seek- ment we were going to offer was to in- ceeding their expected life time. ing to get it. We will share it with the crease the amount of the basic Pell Clearly, if the Federal Government is Senator as soon as we have it. grant to $4,500, which is what Senator going to continue imposing insur- Mr. DOMENICI. I thank the Senator COLEMAN has done with his amend- mountable costs on our towns, it must very much. ment. So Senator CLINTON and I are be willing to put forth a fair share of Mr. CONRAD. Senator PRYOR would not going to offer our amendment, the money. As the Chairman of the En- like to discuss his amendment. I yield since that part has already been ac- vironment and Public Works Com- him 2 minutes off the resolution. complished. That represented the over- mittee, I am working with two of the The PRESIDING OFFICER. The Sen- whelming amount of the cost of this sponsors of this amendment, Senator ator from Arkansas. program. JEFFORDS and CRAPO, to craft a water Mr. PRYOR. Mr. President, I have an Recognize that when we get to the infrastructure bill. amendment today that deals with IRA One thing that we have had in com- Higher Education Reauthorization Act, accounts. I would like to set up a situa- mon throughout these negotiations is a or some other appropriate legislation, tion where people who have exhausted belief that more money is needed. I was we will be offering amendments to deal their unemployment benefits—they are very pleased to see that the budget with these aspects of Pell grants that entitled to no more unemployment committee restored the funding cut to do not respond to the realities of the benefits—could access up to $15,000 in the clear water SRF. nontraditional student. However, cutting or even level fund- their own IRA account—it is their own We look forward to coming back on ing the program is not the answer. We money—in order to meet whatever this field of battle at the earliest op- simply must find a way to provide short-term needs they have. We have portunity. We will not offer the amend- more resources to these programs, ful- already done this in other context. We ment. fill our obligations and then allow the have done this when it comes to first- Mr. CONRAD. Mr. President, I thank States to run their programs without time homeowners. We have done this the Senator from Florida for setting a further Federal contributions, as Con- sending your children to college. But remarkably good example at 5 minutes gress always intended. now the Senate needs to give strong after 10 o’clock. If there are any other While I very much support my col- consideration to expanding this for Senators who want to withdraw their leagues’ efforts to get more money for people who have exhausted their unem- pending amendments, or not offer an these programs, I have not yet settled ployment benefits. Right now you have amendment at this time, they would be on what I believe is the appropriate a fairly hefty penalty, and there are greeted with open arms and have a level. I am supporting this amendment tax consequences for doing that. I very positive effect on their legislative in concept and urge my colleagues to would like to suspend those. proposals when we return after the also vote yes. As chairman of the EPW But today, because the hour is late break. Committee, I assure my colleagues and because we are working with ev- Mr. NICKLES. If the Senator will that we are on the verge of a true cri- erybody here, I want to just announce yield, I think we should elevate them sis. to my colleagues that I will be working to higher office. Mr. President, I com- I support the Crapo-Jeffords amend- on this and be looking for the very pliment my colleague from Florida and ment. next available legislative vehicle to get thank him for his cooperation. The PRESIDING OFFICER. Is there this done. Mr. GRAHAM of Florida. I thank the further debate on the amendment? Hopefully at some point in the next Senator. If not, the question is on agreeing to few weeks I will offer this amendment. AMENDMENTS NOS. 2837, 2838, 2839, AND 2733, EN amendment No. 2784. I will ask for a rollcall. I will not do it BLOC The amendment (No. 2784) was agreed tonight. But I want to ask my col- Mr. NICKLES. Mr. President, we to. leagues on both sides of the aisle to have at least four more amendments

VerDate jul 14 2003 01:22 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.193 S11PT2 S2664 CONGRESSIONAL RECORD — SENATE March 11, 2004 that we have agreed to. We are working (5) because of limited funding the Service The PRESIDING OFFICER. The Sen- to see if we cannot agree to a couple of is able to fund only a small fraction of the ator from Michigan. meritorious research proposals that the others in the queue. AMENDMENT NO. 2817 First, we have an amendment by Sen- Service receives under the National Re- search Initiative program; and Mr. LEVIN. Mr. President, I send an ators LINCOLN, BAUCUS, SNOWE, and (6) base funding at the Service that sup- amendment to the desk on behalf of BREAUX. I believe it has been cleared. ports the research infrastructure has fallen myself, Senator COLLINS, Senator CLIN- Another is a sense-of-the-Senate steadily over the past decade. TON, and Senator STABENOW. amendment by Senators GRASSLEY, (b) SENSE OF THE SENATE.—It is the sense The PRESIDING OFFICER. The LUGAR, and others, dealing with agri- of the Senate that levels in this concurrent clerk will report. culture research. resolution assume that in making appropria- The legislative clerk read as follows: Another is an amendment by Senator tions and revenue decisions, the Senate sup- ports— The Senator from Michigan [Mr. LEVIN], SNOWE and others dealing with SBA. (1) the restoration of the 33 accounts of the for himself, and Ms. COLLINS, proposes an Our staff said it is agreed to. Cooperative State Research, Education, and amendment numbered 2817. Another amendment is by Senators Extension Service; Mr. LEVIN. Mr. President, I ask SESSIONS, CORNYN, GRAHAM, and NEL- (2) the fiscal year 2005 funding of the Na- unanimous consent that the reading of SON, and SHELBY, dealing with NASA tional Research Initiative; and the amendment be dispensed with. funding. We ask that these amend- (3) the fiscal year 2005 funding of competi- tive research programs of the Cooperative The PRESIDING OFFICER. Without ments be agreed to en bloc. objection, it is so ordered. Mr. CONRAD. Mr. President, I sug- State Research, Education, and Extension Service in an amount that is adequate to— The amendment is as follows: gest the absence of a quorum. (A) fight obesity and stave off chronic dis- (Purpose: To lower crude oil prices resulting The PRESIDING OFFICER. The eases; from the cancellation of planned future de- clerk will call the roll. (B) combat insects and animal and plant liveries of oil to the Strategic Petroleum The legislative clerk proceeded to diseases; Reserve and using the funding made avail- call the roll. (C) establish new crops, improved live- able to provide $1.7 billion in funding for Mr. CONRAD. Mr. President, I ask stock, and economic opportunities for pro- homeland security grants for first respond- unanimous consent that the order for ducers; and ers, firefighter assistance, and port secu- (D) keep pathogens and other dangers out rity, and to reduce the debt) the quorum call be rescinded. of the air, water, soil, plants, and animals. The PRESIDING OFFICER. Without On page 4, line 4, decrease the amount by AMENDMENT NO. 2839 objection, it is so ordered. $1,700,000,000. Mr. CONRAD. Mr. President, the four (Purpose: To increase funding for the SBA On page 4, line 12, decrease the amount by 7(a) loan guarantee, Microloan and other $1,700,000,000. amendments that were sent to the desk small business programs and to offset the On page 4, line 20, increase the amount by referenced by the chairman have no ob- cost of that spending through across-the- $1,700,000,000. jection on this side. board cuts in function 920) On page 5, line 3, decrease the amount by The PRESIDING OFFICER. Is there On page 13, line 2, increase the amount by $1,700,000,000. further debate on the amendments? If $121,000,000. On page 5, line 4, decrease the amount by not, the question is on agreeing to On page 13, line 3, increase the amount by $1,700,000,000. amendments Nos. 2837, 2838, 2839, and $68,000,000. On page 5, line 5, decrease the amount by On page 13, line 7, increase the amount by $1,700,000,000. 2733. On page 5, line 6, decrease the amount by The amendments were agreed to, en $40,000,000. On page 13, line 11, increase the amount by $1,700,000,000. bloc, as follows: $7,000,000. On page 5, line 7, decrease the amount by AMENDMENT NO. 2837 On page 23, line 5, decrease the amount by $1,700,000,000. (Purpose: To prevent tax increases for $121,000,000. On page 5, line 11, decrease the amount by families who receive the child tax credit) On page 23, line 6, decrease the amount by $1,700,000,000. On page 5, line 12, decrease the amount by On page 25, line 3, after ‘‘2009’’, insert ‘‘, $68,000,000. On page 23, line 10, decrease the amount by $1,700,000,000. and to increase outlays by not more than $40,000,000. On page 5, line 13, decrease the amount by $2,000,000,000 for the period of fiscal years On page 23, line 14, decrease the amount by $1,700,000,000. 2005 through 2009.’’ $7,000,000. On page 5, line 14, decrease the amount by AMENDMENT NO. 2838 AMENDMENT NO. 2733 $1,700,000,000. On page 5, line 15, decrease the amount by (Purpose: Expressing a sense of the Senate (Purpose: To provide full funding for NASA’s $1,700,000,000. for support of funding restoration for agri- FY2005 space exploration initiatives) culture research and extension) On page 10, line 13, decrease the amount by At the appropriate place insert the fol- At the end of title V. add the following: $1,700,000,000. lowing: On page 10, line 14, decrease the amount by SEC. 5. SENSE OF THE SENATE SUPPORTING On page 21, line 13, decrease the amount by $1,700,000,000. FUNDING RESTORATION FOR AGRI- $600,000,000. SEC. . RESERVE FUND FOR HOMELAND SECU- CULTURE RESEARCH AND EXTEN- On page 21, line 14, decrease the amount by SION. RITY GRANT PROGRAM, ASSISTANCE $600,000,000. TO FIREFIGHTER GRANTS, AND (a) FINDINGS.—Congress finds that— On page 9, line 17, increase the amount by (1) funding for 33 programs administered by PORT SECURITY GRANTS. $600,000,000. the Cooperative State Research, Education, The Chairman of the Committee on the On page 9, line 18, increase the amount by Budget of the Senate shall revise the aggre- and Extension Service of the Department of $600,000,000. Agriculture were each reduced by 10 percent gate, functional totals, allocations to the in the Agriculture, Rural Development, Food Mr. NICKLES. Mr. President, moving Committee on Appropriations of the Senate, and Drug Administration, and Related Agen- right along. I believe the Senator from discretionary spending limits, and other ap- cies Appropriations Act, 2004 (118 Stat. 9); Michigan and the Senator from Maine propriate levels and limits in this resolution (2) those cuts are already hurting a wide have an amendment. Unfortunately, I by up to $1,545,000,000 in budget authority for range of proven programs that help people, fiscal year 2005, and by the amount of out- feel compelled not to agree to that lays flowing therefrom in 2005 and subse- communities, and businesses; amendment. Maybe we can dispose of it (3) the cuts have put at risk important ad- quent years, for a bill, amendment, motion, vances made in all 50 States and United very quickly. or conference report that provides additional States territories, including— The PRESIDING OFFICER. The Sen- fiscal year 2005 discretionary appropriations, (A) combating obesity through programs ator from North Dakota. in excess of the levels provided in this reso- such as the Expanded Food and Nutrition Mr. CONRAD. Mr. President, might I lution, for the programs at the Department Education Program; inquire of the Senator how long it will of Homeland Security. (B) expanding environmentally-minded take to describe this amendment? SEC. . STATE HOMELAND SECURITY GRANT pest management programs; Mr. LEVIN. We would like perhaps 3 PROGRAM. (C) ensuring food safety; and or 4 minutes on our side. It is the sense of the Senate that, of the funds for the Department of Homeland Secu- (D) educating farmers and ranchers about Mr. CONRAD. I give 3 minutes off the new sustainable agricultural practices; rity, $800,000,000 shall be allocated for the (4) the National Research Initiative is the resolution to the Senator from Michi- State Homeland Security Grant program; flagship competitive grants program funded gan. $250,000,000 for the Assistance to Firefighters through the Cooperative State Research, Mr. LEVIN. I will divide that time Grant program; and $275,000,000 for Port Se- Education, and Extension Service; with the Senator from Maine. curity Grants. It is further the sense of the

VerDate jul 14 2003 01:22 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.185 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2665 Senate that the State Homeland Security vulnerabilities. The remainder of the rather than increasing the supply of Grant Program shall be increased by funding would be used for deficit reduc- oil. Day after day, month after month, $220,000,000 in order to provide for a more eq- tion. regardless of how high the cost for ac- uitable formula for distributing funds. This amendment makes good com- quiring this oil, the administration is SEC. . STRATEGIC PETROLEUM RESERVE. mon sense. It will help relieve the pres- taking millions of barrels of oil off the It is the sense of the Senate that the in- creased funding for the Homeland Security sure on gasoline prices, while at the market and depositing them into the Department programs shall come from the same time allowing us to devote more Strategic Petroleum Reserve. By tak- cancellation of planned future deliveries of resources to strengthening our home- ing this badly needed oil off the market oil to the Strategic Petroleum Reserve. land security and reducing our deficit. and placing it in the SPR, at extremely Mr. LEVIN. Mr. President, we have I yield back to Senator LEVIN any re- high prices, the administration is in- skyrocketing gas prices and oil prices maining time. creasing the price of oil and gasoline. in most parts of the country. The The PRESIDING OFFICER. All time The Levin-Collins amendment will major reason for this is private sector has expired. increase Federal revenues by approxi- inventories are low. The major reason The Senator from Oklahoma. mately $1.7 billion by, in effect, direct- private sector inventories are low is Mr. NICKLES. Mr. President, I regret ing DOE to delay the filling of the we, at the same time, have seen a de- I cannot accept this amendment. I will SPR. The amendment will lower oil cline in those inventories of 50 million follow the will of the Senate. This is and gasoline prices by increasing oil barrels in the last 2 years. basically saying let’s take out $1.7 bil- and gasoline supplies in the commer- We have deposited in the Strategic lion from SPR and spread it around in cial inventories. It will improve our Petroleum Reserve approximately 85 homeland security. We are fully fund- overall energy security by moving us million barrels. Even the staff of the ing the President’s request for home- away from the brink of a crisis in sup- Department of Energy a year ago said land security which is 15 percent over ply. Moreover, it is both sound fiscal the following: last year, 10 percent if you take out and resource management policy to put Commercial petroleum inventories are low. bioshield. oil on the open market when prices are Retail product prices are high, and economic We already have several amendments high, and place them into reserves growth is slow. The Government should on homeland security. I urge our col- later when prices are low. avoid acquiring oil for the Strategic Petro- leagues not to support the amendment. As nearly every American knows, leum Reserve under these circumstances. I call upon the chairman of the En- gasoline prices are at record-high lev- We would halt the deposit of oil in ergy Committee, Senator DOMENICI, to els. The average price of a gallon of the Reserve, and we would use the conclude. gasoline, nationwide, as well as in my money, approximately $1.7 billion, to The PRESIDING OFFICER. The Sen- home State of Michigan, is $1.74 per restore a number of accounts in the ator from New Mexico. gallon. In some states it is even higher. Homeland Security Department; name- Mr. DOMENICI. Mr. President, I will In California, for example, the average ly, we would restore about 80 percent of only use 1 minute. First, I have the price for a gallon of gasoline is $2.18 per the money cut from the Homeland Se- greatest respect for the distinguished gallon. curity grant program; $250 million we Senator from Maine, but let me say to Crude oil prices also are at near- would restore to firefighter grants to everyone here, you all remember, SPR record prices. Spot prices are over $37 bring them up to last year. We would is to put oil in the ground in case we per barrel. Futures prices for oil for the add money for port security, $150 mil- have an emergency. We use it in an next several months are at or near $37 lion for deficit reduction, and about emergency. per barrel as well. $220 million for an equity account. The Energy Information Administra- A major reason oil prices are so high This is a twofer. I yield the remain- tion’s last forecast predicts by the year is that the amount of crude oil in pri- der of my time to the Senator from 2025—and SPR is future thinking; it is vate sector inventories in the United Maine. not today; it is thinking in the future— States is at record low levels. Crude oil Ms. COLLINS. Mr. President, it they say by the year 2025, we will be 70 inventories are now lower than at any makes no sense at all for the Federal percent dependent on imported oil. time in the 28 years that the Depart- Government to put further pressure on The point of it is, we can never have ment of Energy has been tracking the oil supplies through large pur- too much oil in SPR. The idea was a them. Oil prices are directly related to chases for the Strategic Petroleum Re- good idea. It is even a better idea the amount of crude oil in inventories, serve at this time when oil prices are today. To say we ought to stop filling since overall supply levels depend on at record high levels. it so we can start filling gaps in a both amounts produced and amounts in Through proper management of the budget, especially saying we take care inventory. This is why prices are so Reserve, we can ease the economic im- of all the inland security problems by high. pact drastically rising gasoline prices not taking care of SPR, seems to me to One of the reasons that supplies of oil are having on the American family. be the wrong thing to do. are so low is that since late 2001 the There are three different studies I could find a lot of things to do in Department of Energy (DOE) has been which demonstrate suspending deliv- Government. If we could just sell all steadily taking millions of barrels of eries of oil to the SPR at this time the oil in SPR, we could take care of oil off the market and placing them would decrease gas prices by anywhere every program in this Government. My into the U.S. Strategic Petroleum Re- from 10 cents to 25 cents per gallon. colleagues could all go home. We would serve (SPR). In late 2001, the Reserve I want my colleagues to know the have about $150 billion. We could just held about 560 million barrels of oil. Reserve is currently 92 percent full. So spread it everywhere. That is much the Today it holds nearly 650 million bar- halting these deliveries will have no same as saying: Quit buying it and rels. DOE anticipates that at the cur- impact at all on our national security, what you were going to buy, spend on rent fill rate it will reach its goal of but will be of great benefit to Amer- other things. filling the SPR to its current physical ican consumers. I hope we do not adopt the amend- capacity of 700 million barrels in the In addition, our legislation would ment. I thank the Chair. middle of 2005. transfer the savings to restore cut- Mr. LEVIN. Mr. President, oil and Clearly, now is not the time to be backs in homeland security. We would gasoline prices are at or near record- taking more oil off the market when increase the basic Homeland Security high levels. Oil and gasoline supplies the price of oil is so high. We need grant program our States and commu- are at or near record-low levels. If more oil and gasoline in refineries. nities rely upon so it would be equal to there are any disruptions in oil or gas- The Levin-Collins amendment is sim- the level of last year. oline supplies or production, there will ple. It would, in effect, result in the de- We would include a restoration of be an insufficient amount of oil and ferral of the deposit of the 53 million funding for the FIRE Act, again to last gasoline to meet demand, and prices barrels of oil that DOE currently plans year’s level. And finally, we would in- will skyrocket even further. to ship to the SPR over the next year. vest in port security which experts tell Yet, incredibly, in the face of this Assuming an average price of $33 per us is one of our greatest crisis, the administration is decreasing barrel—which is based on the current

VerDate jul 14 2003 23:42 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.059 S11PT2 S2666 CONGRESSIONAL RECORD — SENATE March 11, 2004 futures prices for oil for the next 14 Cantwell Frist Murkowski (c) APPEALS.—Appeals in the Senate from months, as well as the trend in spot Chafee Grassley Murray the decisions of the Chair relating to any Chambliss Gregg Nickles provisions of this subsection shall be limited prices over the past year—this would Cochran Hagel Roberts to 1 hour, to be equally divided between, and yield over $1.7 billion in Federal reve- Cornyn Hatch Santorum controlled by the appellant and the manager nues. This will help lower oil and gaso- Craig Hutchison Sessions Crapo Inhofe of the bill, joint resolution or as the case line prices for consumers and busi- Shelby Dodd Kennedy Smith may be. An affirmative vote of three-fifths of Dole Kyl nesses as well. This amendment is a Stevens the Members of the Senate, duly chosen and Domenici Lugar win-win for consumers, taxpayers, and Thomas sworn, shall be required to sustain an appeal Ensign McConnell of the ruling of the Chair on a point of order the Government. Enzi Miller The Levin-Collins amendment would raised under this section. apply these funds to strengthen our NOT VOTING—5 (d) DEFINITION.—For purposes of this sec- homeland security. We cannot expect Edwards Kerry Warner tion, a small business shall be any individual Johnson Reid or enterprise that files federal individual in- our first responders to be well-trained, come tax returns as a partnership, sole pro- properly equipped and fully staffed to The amendment (No. 2817) was agreed prietor or subchapter S corporation. protect us, if we cut their funding to. (e) DETERMINATION OF IMPACT ON SMALL sources. Our amendment restores $800 Mr. LEVIN. Mr. President, I move to BUSINESSES.—For purposes of this section, million to the State Homeland Secu- reconsider the vote. the impact of any income tax legislation on rity Grant program, which will bring Mr. NICKLES. I move to lay that mo- small businesses shall be determined on the the total funding for that program up tion on the table. basis of estimates made by the Committee on the Budget of the Senate. to $1.5 billion; adds $250 million to the The motion to lay on the table was Assistance to Firefighters Grant pro- agreed to. Mr. MCCONNELL. Mr. President, gram; and $275,000,000 for Port Security The PRESIDING OFFICER. The Sen- talking about taxes, it is essential to Grants. The amendment will also pro- ator from Oklahoma. remember small businesses are the vide $155 million for deficit reduction. Mr. NICKLES. Mr. President, just for backbone of our economy. Small busi- Finally, the amendment provides an the information of our colleagues, we ness entrepreneurs create more than additional $220 million to the State are making good progress. I believe we two out of every three new jobs and Homeland Security Grant Program in have the amendment of Senator DUR- generate roughly half of our Nation’s order to provide for a more equitable BIN that will be modified by Senator gross domestic product. Yet they are formula for distributing funds under LUGAR and that will be accepted. I be- saddled with the heaviest tax burden. that program. lieve we have the amendment of Sen- Small businesses predominantly pay Mr. NICKLES. Can we voice vote the ator BYRD which will be agreed to mo- their income taxes using individual in- amendment? mentarily. I am not positive. I need to come tax returns, which means they Mr. LEVIN. That depends on how run that by Senator GREGG. I think we frequently pay the highest marginal loud the voices are. are going to be able to work out the tax rate. While they file less than 1 Mr. NICKLES. Mr. President, I ask amendment of Senator LINCOLN. We do percent of all tax returns, small busi- for the yeas and nays. expect a couple of amendments on our nesses account for more than 31 per- The PRESIDING OFFICER. Is there a side. I believe Senator MCCONNELL has cent of all tax payments. Make no mis- sufficient second? an amendment and I hope he would be take, these are not highly paid execu- There is a sufficient second. recognized next. tives or people living off their invest- The question is on agreeing to AMENDMENT NO. 2840 ments; these are ordinary people trying amendment No. 2817. The clerk will The PRESIDING OFFICER. The Sen- to make a living as they pursue the call the roll. ator from Kentucky. American dream. The legislative clerk called the roll. Mr. MCCONNELL. I send an amend- Who pays the tax on the rich? Sev- Mr. MCCONNELL. I announce that ment to the desk and ask for its imme- enty-nine percent of the top rate lit- the Senator from Virginia (Mr. WAR- diate consideration. erally falls on small business. To ig- NER) is necessarily absent. The PRESIDING OFFICER. The nore this small business tax factor is to Mr. DASCHLE. I announce that the clerk will report. risk breaking the backbone of our Senator from North Carolina (Mr. ED- The legislative clerk read as follows: economy. This point of order which WARDS), the Senator from South Da- The Senator from Kentucky [Mr. this amendment would establish would kota (Mr. JOHNSON), and the Senator MCCONNELL] proposes an amendment protect small businesses from tax hikes from Massachusetts (Mr. KERRY) are numbered 2840. on the rich. necessarily absent. Mr. MCCONNELL. I ask unanimous I yield the floor. I also announce that the Senator consent the reading of the amendment The PRESIDING OFFICER. Is there further debate on the amendment? The from Nevada (Mr. REID) is absent at- be dispensed with. tending a funeral. The PRESIDING OFFICER. Without Senator from Arkansas. The result was announced—yeas 52, objection, it is so ordered. Mrs. LINCOLN. Mr. President, I nays 43, as follows: The amendment is as follows: thank my colleague from Kentucky for raising this issue. I have been very con- [Rollcall Vote No. 54 Leg.] (Purpose: To prohibit future income tax hikes on upper incomes that fail to exempt cerned about our small businesses and YEAS—52 small businesses that file individual in- how they fare as well. That was one of Akaka Durbin McCain come tax returns as partnerships, sole pro- the reasons I requested information Allen Feingold Mikulski prietors, or subchapter S corporations) from the IRS on this very issue con- Baucus Feinstein Nelson (FL) Biden Fitzgerald Nelson (NE) At the appropriate place, insert the fol- cerning how our small businesses are Bingaman Graham (FL) Pryor lowing: affected. Boxer Graham (SC) Reed SEC. . PROTECTION OF SMALL BUSINESSES Addressing this argument about Burns Harkin Rockefeller FROM TAX HIKES ON ‘‘THE RICH’’ small business and cutting the top Byrd Hollings Sarbanes POINT OF ORDER. Carper Inouye Schumer (a) IN GENERAL.—It shall not be in order in rates: According to the IRS statistics Clinton Jeffords Snowe we received back from the IRS, only 3.8 Coleman Kohl the Senate to consider any bill, amendment, Specter Collins Landrieu resolution or conference reports that percent of small business and farm re- Conrad Lautenberg Stabenow would— turns have income over $200,000. So you Corzine Leahy Sununu (1) raise federal income taxes on upper in- have to earn $319,100 before you even Talent Daschle Levin comes households, and make it to the top tax bracket. All of Dayton Lieberman Voinovich (2) fail to exempt small businesses that Wyden your income up until that amount is DeWine Lincoln bear most of the burden of the top marginal Dorgan Lott taxed at the lower rate. tax rates. NAYS—43 (b) WAIVER.—This subsection may be If you look at the statistics that the IRS brings to us, 62 percent of small Alexander Bennett Brownback waived or suspended in the Senate only by Allard Bond Bunning the affirmative vote of three-fifths of the businesses and farm returns in this Bayh Breaux Campbell Members, duly chosen and sworn. country have incomes of $50,000 or less.

VerDate jul 14 2003 01:22 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.091 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2667 They do not fall into this top category the per capita personal income was January 7, 2003, I repeat, small business of income that is being discussed. about $15,175. Today, it is $22,750. That owners, entrepreneurs, and farmers ac- I appreciate the Senator bringing is an increase of about 33 percent over count for more than two-thirds of the this up so we can really talk about who the decade. But Arkansans, on average, top bracket income tax returns and re- falls into this category. are still earning less than $23,000 a ceive 79 percent of the top bracket tax I ask my colleagues to recognize we year. Less than 10 percent of our Ar- relief. That is what this amendment is are talking about taxable income, kansans earn over $200,000 a year. I just all about. I hope the Senate will ap- which is after expenses. This is take- try to make this point. prove it. home pay, take-home pay for these I hope my colleagues will look at in- I have no further observations to companies. This is the money that is comes in their own States. When you make, if the Senator would like to not being invested in new plants or new find in other States such as ours that make his motion. equipment, this is not money that is 50 percent of the people have an ad- Mr. BAUCUS. Mr. President, the going to employment, increasing jobs justed gross income of less than $25,000 pending amendment is not germane, which we know our small businesses and over 80 percent roughly have an ad- and therefore I raise a point of order are capable of if they have the re- justed gross income of less than $50,000 that the amendment violates section sources to invest there. This is taxable a year, we have to look at putting 305(b)(2) of the Congressional Budget income after expenses, so it is taxable money into the pockets of people who Act of 1974. income that has really gone to the are going to grow this economy. We Mr. MCCONNELL. Mr. President, I bank already. I think it is very impor- have to keep a balance. move to waive the point of order, and I tant for us to recognize what we are I hope my colleagues will look at ask for the yeas and nays. talking about. what is happening. If you talk about The PRESIDING OFFICER. Is there a It also might be of interest to my upward mobility, it will take a 1,400- sufficient second? colleagues tonight to know that after I percent increase in income to reach There is a sufficient second. had a very similar discussion about those upper margins that are being The question is on agreeing to the these statistics with the Secretary of talked about from where most of our motion. The clerk will call the roll. the Treasury, he called me the other small business and other income earn- The legislative clerk called the roll. day and told me he had reviewed my ers in our State are. I hope my col- Mr. DASCHLE. I announce that the charts and found them accurate. leagues will take a second look at what Senator from North Carolina (Mr. ED- He said they were hard to read but he is trying to propose. WARDS), the Senator from South Da- they were accurate. They are a little I hope my other colleagues realize, if kota (Mr. JOHNSON), and the Senator bit small. But I think it is so impor- what we want to do is make sure we from Massachusetts (Mr. KERRY) are tant for us to recognize. The reason it are growing the economy and pro- necessarily absent. hit home for me is because Arkansas tecting small businesses, we need to I also announce that the Senator finds itself actually in a little bit high- look at the statistics the IRS has given from Nevada (Mr. REID) is absent at- er circumstance than that. Well over 62 us about where those small businesses tending a funeral. percent of our small businesses in Ar- are and where those resources lie. The PRESIDING OFFICER (Mr. kansas are our largest employers. The PRESIDING OFFICER. Who GRAHAM of South Carolina). Are there Roughly upwards of 70 percent find yields time? any other Senators in the Chamber de- themselves in that 50 percent or less Mr. CONRAD. Mr. President, I yield 1 siring to vote? category. Again, this is after expenses. minute to the Senator from Montana. The result was announced—yeas 51, This is what they are taking home. The PRESIDING OFFICER. The Sen- nays 45, as follows: I know my colleague in his amend- ator from Montana is recognized. [Rollcall Vote No. 55 Leg.] ment talks about individual income Mr. BAUCUS. Mr. President, this is YEAS—51 tax returns as a partnership, or a sole not a small business amendment. It is Alexander Dole McConnell proprietor, or subject chapter S cor- purportedly a small business amend- Allard Domenici Miller poration. ment. It is not. Why? As the able Sen- Allen Ensign Murkowski But I encourage my colleagues to un- ator from Arkansas stated, only 2 per- Bennett Enzi Nickles derstand that these are flowthrough cent—only 2 percent—of small busi- Bond Fitzgerald Roberts Brownback Frist Santorum entities. If you are talking about these nesses are in the upper bracket. The re- Bunning Graham (SC) Sessions individuals and these groups, they are maining are not. They are not small Burns Grassley Shelby very small as a percentage of what we businesses. Campbell Gregg Smith Chambliss Hagel Snowe are talking about in small businesses. More importantly, this is an amend- Cochran Hatch Specter These are individuals who might file ment that makes it much more dif- Coleman Hutchison Stevens schedule C or schedule S. ficult to raise taxes on the wealthiest Collins Inhofe Sununu I think it is so important for us to top bracket than it is in the effort to Cornyn Kyl Talent Craig Lott Thomas look at the numbers. I agree whole- raise taxes on the middle-income tax- Crapo Lugar Voinovich heartedly with my colleagues that payers. It provides for a point of order DeWine McCain Warner small businesses are the engine of this on any revenue measure that would NAYS—45 economy. They are the ones that pro- have the effect of raising taxes on the Akaka Dayton Leahy vide the most jobs. Most of the jobs in top bracket. It only applies to the top Baucus Dodd Levin Arkansas are provided by our small bracket. It wouldn’t apply to any other Bayh Dorgan Lieberman businesses. bracket. We don’t want that. Biden Durbin Lincoln It is important we accurately look at Bingaman Feingold Mikulski I can’t for the life of me understand Boxer Feinstein Murray the resources we are trying to put back why the Senator from Kentucky is on Breaux Graham (FL) Nelson (FL) into the hands of small businesses so the floor even daring to offer that Byrd Harkin Nelson (NE) they can reinvest and grow the jobs we amendment. At the appropriate time, I Cantwell Hollings Pryor Carper Inouye Reed know we need to continue to build on am going to suggest that the amend- Chafee Jeffords Rockefeller this economy. I hope we will take a ment is not germane because it is not Clinton Kennedy Sarbanes look at the numbers which have been germane. I can only do so when all Conrad Kohl Schumer provided. We talk some about upward Corzine Landrieu Stabenow time is yielded. Daschle Lautenberg Wyden mobility. I know that has been dis- The PRESIDING OFFICER. The Sen- cussed as well by many of our col- ator from Kentucky. NOT VOTING—4 leagues about the opportunity that Mr. MCCONNELL. Mr. President, I Edwards Kerry Americans want to have, the potential will be very brief and then I will be pre- Johnson Reid they want in order to reach those pared to relinquish whatever time I The PRESIDING OFFICER. On this upper brackets. have. vote, the yeas are 51, the nays are 45. But, quite frankly, if you look at the According to the Office of Tax Anal- Three-fifths of the Senators duly cho- upward mobility in my State, in 1991 ysis of the U.S. Treasury, last year, sen and sworn not having voted in the

VerDate jul 14 2003 23:42 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.192 S11PT2 S2668 CONGRESSIONAL RECORD — SENATE March 11, 2004 affirmative, the motion is not agreed SEC. ll. SENSE OF THE SENATE REGARDING DOLE and Senator LEAHY has been CONTRIBUTIONS TO THE GLOBAL to. The point of order is sustained and FUND TO FIGHT AIDS, TUBER- agreed to, and I send it to the desk as the amendment falls. CULOSIS, AND MALARIA. well. The Senator from Oklahoma. (a) FINDINGS.—The Senate finds that— The PRESIDING OFFICER. The AMENDMENTS NOS. 2841 THROUGH 2843, EN BLOC (1) the United States— clerk will report. (A) helped establish The Global Fund to The legislative clerk read as follows: Mr. NICKLES. Mr. President, we are Fight AIDS, Tuberculosis, and Malaria (re- The Senator from Oklahoma [Mr. NICK- making good progress. I think we have ferred to in this section as the ‘‘Fund’’); LES], for Mrs. DOLE, for herself and Mr. three additional amendments that have (B) provided its first donation; and LEAHY, proposes an amendment numbered been cleared on both sides: an amend- (C) provides leadership to the Fund under 2844. ment by Senator HAGEL; an amend- Fund Board Chairman Tommy Thompson, ment by Senator SANTORUM; and an Secretary of the Department of Health and Mr. NICKLES. Mr. President, I ask Human Services; amendment by Senators HATCH and unanimous consent that reading of the (2) as a complement to the President’s his- amendment be dispensed with. BIDEN and KOHL. I send all three to the toric 15-country AIDS initiative, the Fund desk and ask for their immediate con- The PRESIDING OFFICER. Without provides resources to fight AIDS, tuber- objection, it is so ordered. sideration. culosis, malaria, and related diseases around The PRESIDING OFFICER. The Sen- the world; The amendment is as follows: ator from North Dakota. (3) section 202 of the United States Leader- On page 18, line 4, increase the amount by Mr. CONRAD. Mr. President, those ship Against HIV/AIDS, Tuberculosis, and $156,000,000. On page 18, line 5, increase the amount by three amendments have been cleared Malaria Act of 2004 (22 U.S.C. 7622) authorizes contributions to the Fund to the extent that $135,000,000. on this side, and there is no objection. United States contributions do not exceed 33 On page 18, line 8, increase the amount by The PRESIDING OFFICER. Without percent of all contributions to the Fund, al- $162,000,000. objection, the amendments are consid- lowing the United States to contribute $1 for On page 18, line 9, increase the amount by ered en bloc and agreed to en bloc. every $2 contributed by other sources. $160,000,000. The amendments were agreed to, en (4) during fiscal years 2001 through 2003, On page 18, line 12, increase the amount by bloc, as follows: the United States provided $623,000,000 of the $169,000,000. total contributions of $1,900,000,000 to the On page 18, line 13, increase the amount by AMENDMENT NO. 2841 Fund, which represents approximately 1⁄3 of $170,000,000. (Purpose: To express the sense of the Senate total contributions to the Fund; On page 18, line 16, increase the amount by on the need for a United States animal (5) Congress has appropriated $547,000,000 to $175,000,000. identification program as an effective dis- the Fund for fiscal year 2004, which has been On page 18, line 17, increase the amount by ease surveillance, monitoring, and control matched by confirmed pledges of $994,000,000, $175,000,000. tool serving the needs of the United States and is slightly more than 1⁄3 of total pledges, On page 18, line 20, increase the amount by livestock industry and public health) with additional pledges expected; $180,000,000. At the appropriate place, insert the fol- (6) over the life of the Fund, Congress has On page 18, line 21, increase the amount by lowing: appropriated sufficient amounts to match $180,000,000. contributions from other sources to The On page 23, line 5, decrease the amount by ll SEC. . SENSE OF THE SENATE CONCERNING A Global Fund to Fight AIDS, Tuberculosis, NATIONAL ANIMAL IDENTIFICATION $156,000,000. PROGRAM. and Malaria on a 1-to-2 basis; and On page 23, line 6, decrease the amount by (7) transparency and accountability are (a) FINDINGS.—The Senate finds that— $135,000,000. (1) animal identification is important for critical to fund grant-making and the U.S. On page 23, line 9, decrease the amount by operational management, herd health, and should work with foreign governments and $162,000,000. international organizations to support the increased trade opportunities; On page 23, line 10, decrease the amount by Fund’s efforts to use its contributions most (2) animal identification is a critical com- $160,000,000. effectively. ponent of the animal health infrastructure of On page 23, line 13, decrease the amount by (b) SENSE OF THE SENATE.—It is the sense the United States; $169,000,000. of the Senate that this concurrent resolution On page 23, line 14, decrease the amount by (3) it is vital to the well-being of all people and subsequent appropriations acts should in the United States to protect animal agri- $170,000,000. provide sufficient funds to continue match- On page 23, line 17, decrease the amount by culture in the United States by safeguarding ing contributions from other sources to The animal health; $175,000,000. Global Fund to Fight AIDS, Tuberculosis, On page 23, line 18, decrease the amount by (4) the ability to collect information in a and Malaria on a 1-to-2 basis. timely manner is critical to an effective re- $175,000,000. AMENDMENT NO. 2843 sponse to an imminent threat to animal On page 23, line 21, decrease the amount by health or food safety. (Purpose: To restore law enforcement assist- $180,000,000. ance, and juvenile justice assistance, espe- (b) SENSE OF THE SENATE.—It is the sense On page 23, line 22, decrease the amount by cially Title V, and JAB6 to the Depart- of the Senate that the levels in this concur- $180,000,000. ment of Justice) rent resolution assume that in making ap- At the appropriate place insert: propriations and revenue decisions, the Sen- On page 20, line 17, increase the amount by SEC. . SENSE OF THE SENATE CONCERNING ate supports— $600,000,000. CHILD NUTRITION FUNDING. On page 20, line 18, increase the amount by (1) the development and implementation of (a) FINDINGS.—The Senate finds that— $132,000,000. (1) Federal child nutrition programs have a national animal identification program On page 20, line 22, increase the amount by recognizing the need for resources to carry long played a critical role in providing chil- $180,000,000. dren in the United States with quality nutri- out the implementation of the plan; On page 21, line 1, increase the amount by tion from birth through secondary school; (2) the provision by the Secretary of Agri- $120,000,000. culture of a time-line for the development On page 21, line 5, increase the amount by (2) recognizing the value of these benefits and implementation of the program as soon $90,000,000. to children in the United States, Congress as practicable after the date of approval of On page 21, line 9, increase the amount by has an enduring tradition of bipartisan sup- this concurrent resolution; $78,000,000. port for these programs; (3) the provision by the Secretary of Agri- On page 21, line 13, decrease the amount by (3) children in the United States are in- culture to ensure the Animal and Plant $600,000,000. creasingly at nutritional risk due to poor di- Health Inspection Service, State animal On page 21, line 14, decrease the amount by etary habits, lack of access to nutritious health agencies, and agricultural producers $132,000,000. foods, and obesity and diet-related diseases are provided funds necessary to implement a On page 21, line 18, decrease the amount by associated with poor dietary intake; national animal identification program; and $180,000,000. (4) many children in the United States who On page 21, line 22, decrease the amount by (4) the establishment of a program that is would benefit from Federal child nutrition $120,000,000. programs do not receive benefits due to fi- not overly burdensome to agricultural pro- On page 22, line 1, decrease the amount by ducers and ensures the privacy of informa- nancial or administrative barriers; and $90,000,000. (5) Federal child nutrition programs are tion of agricultural producers. On page 22, line 5, decrease the amount by expected to be reauthorized in the 108th Con- AMENDMENT NO. 2842 $78,000,000. The PRESIDING OFFICER. The Sen- gress. (Purpose: To reaffirm the United States (b) SENSE OF THE SENATE.—It is the sense ratio for contributions to The Global Fund ator from Oklahoma. of the Senate that the levels in this concur- to Fight AIDS, Tuberculosis, and Malaria) AMENDMENT NO. 2844 rent resolution assume that in making ap- On page 54, after line 22, insert the fol- Mr. NICKLES. Mr. President, I also propriations and revenue decisions, the Sen- lowing: believe that an amendment by Senator ate supports the retention in the conference

VerDate jul 14 2003 23:42 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.212 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2669 report for this concurrent resolution of the More than 500 State and local school ators DOLE and LEAHY for their bipar- additional funds provided in this concurrent boards have passed resolutions urging tisan effort to provide additional fund- resolution for the reauthorization of Federal the Congress to eliminate the reduced ing for federal child nutrition pro- child nutrition programs. grams. If these additional funds remain Mrs. DOLE. Mr. President, last year I price category, thereby expanding free in the conference report, they will help gave my maiden speech on the issue of lunches and breakfasts to all of those the Senate Agriculture Committee to hunger. I believe now, just as I did children whose family incomes are at take important steps in pending child then, that we must make a concerted or below 185 percent of poverty. In ad- nutrition legislation. The need for ad- effort to eradicate this problem. It is dition, the Association of School Busi- ditional funds is significant, including, the silent enemy that lurks in too ness Officials, the National Association for instance, the expansion the Sum- many American homes. I am not one to of Elementary School Principals, and mer Food Service Program and the duck tough issues. And this is a prob- the American Public Health Associa- fruit and vegetable pilot projects, low- lem that I know we can conquer with tion have endorsed this idea. ering area eligibility for the Child and both sides of the aisle working to- This is the right thing to do. For this Adult Care Food Program, helping chil- gether. There are a number of areas reason, I was pleased to introduce S. dren who still face financial barriers to where one could focus in this effort, 1549, to eliminate the reduced price participate in the National School and the amendment I send to the desk meal program in graduated steps over a Lunch and Breakfast Programs, and represents a good first step toward 5 year period. Since introduction of improving the entire nutritional envi- strengthening the National School this legislation, colleagues on both ronment in American schools. Lunch program which is very popular sides of the aisle have joined me, and two bills have been introduced in the If additional funds are provided in and effective. the conference report, it is, however, Under the current program, children House of Representatives. critical to understand that, by relying from families with incomes at or below The amendment that I have at the on function 920 to offset this amend- 130 percent of poverty are eligible for desk does not provide funding for the ment, a number of critical issues re- free meals. Children from families with total elimination of reduced price main. The use of function 920 fails to incomes between 130 percent and 185 meals over a five year period as laid specify the source of the new funds, percent of poverty are eligible for re- out in S. 1549. Rather, it would enable meaning that they could accrue either duced price meals—charging no more the Senate Agriculture Committee to by increasing the national debt or as a than 40 cents per meal. This may seem permanently increase the eligibility result of unspecified program cuts. Of like a nominal amount, but that is not guideline for free school meals from 130 course, the question of the actual cuts what I am hearing in North Carolina percent of poverty to 140 percent of that may be specified is an important and from folks around the country. To poverty—the first step of the graduated one. I am particularly concerned that quote the resolution from the North approach outlined in S. 1549—when the any cuts that fall within the jurisdic- Carolina Department of Education, Committee reauthorizes the Child Nu- tion of the Senate Committee on Agri- ‘‘many families in the reduced price in- trition programs. Of course, we will culture could pit one set of interests come category are finding it difficult still have a long way to go to eliminate against another in a way that could re- to pay the reduced fee and, for some the reduced price category, but open the Farm Security and Rural In- families, the fee is an insurmountable progress is better than status quo, any vestment Act passed just 2 years ago. barrier to participation. day. Sharlyn Logan, the Child Nutrition Hunger and malnourishment among Neither the members of the committee Supervisor for Cumberland County children—that’s a battle that can be nor the interested stakeholders in the Schools in North Carolina says—... won. This is not a partisan issue, and agriculture and nutrition communities ‘‘In many of our schools, we daily see enactment of this amendment will would be well served by such an unfor- children with no money. Many times mark the first step in our crusade to tunate situation. I, and I believe my we allow the child to eat and the Child strengthen the National School Lunch colleagues on the committee, would be Nutrition program takes a loss. When program and begin to address a serious very hesitant to pit the needs of rural the problem persists, we will provide a problem for many families in need America against the similarly impor- peanut butter sandwich and milk at no across this country—and especially tant needs of needy children and work- cost to the child to insure they receive those who have been laid off and are ing families. Mr. NICKLES. Mr. President, I com- some nutritional sustenance. This may out of work. I urge my colleagues to be the only meal they receive.’’ support this amendment. pliment our colleague, Senator DOLE Recently, I spoke at the American Mr. President, the American School from North Carolina and Senator School Food Service Association’s an- Food Service Association, Child Nutri- LEAHY for cooperating. They saved us a nual banquet, where I was inspired by tion Forum, the Association of School lot of time by putting their amend- more than 1000 enthusiastic people who Business Officials, the National Asso- ments together. I urge adoption of the amendment. have devoted their careers to making ciation of Elementary School Prin- The PRESIDING OFFICER. Without sure children get the nutrition they cipals, the American Public Health As- objection, it is so ordered. The amend- need. You probably saw them on the sociation, and organizations in 44 ment is agreed to. Hill wearing their buttons that said States have passed resolutions endors- The amendment (No. 2844) was agreed ‘‘ERP’’—eliminate reduced price. They ing elimination of reduced price meals. to. are on the front lines on this issue, and Mr. HARKIN. Mr. President, I am Mr. NICKLES. Mr. President, my col- they have tremendous passion. It was pleased that the Budget Committee re- league, Senator SPECTER, has probably an evening that I will never forget. ported out a budget resolution that been more patient than anyone for the They will be the first to tell you that provided $232 million for the Senate last 3 days. He has been requesting an these income eligibility guidelines are Committee on Agriculture, Nutrition, opportunity to offer an amendment, so inconsistent with other federal assist- and Forestry to enable the extension of I yield to the Senator from Pennsyl- ance programs. For example, families several expiring provisions of child nu- vania. whose incomes are at or below 185 per- trition law. This was the amount that The PRESIDING OFFICER. The Sen- cent of poverty are eligible for free Agriculture Committee Chairman ator from Pennsylvania. benefits through the WIC program—the COCHRAN and I noted in our letter to AMENDMENT NO. 2741, AS MODIFIED Special Supplemental Nutrition Pro- the Budget Committee would, at a min- Mr. SPECTER. Mr. President, I call gram for Women, Infants and Children. imum, be necessary to ensure that chil- up amendment No. 2741 and send a It just makes sense to harmonize these dren who qualify for benefits under modification to the desk. income eligibility guidelines allowing current law would not lose them. The PRESIDING OFFICER. Without us to clarify this bureaucratic situa- However, more is clearly needed. objection, the clerk will report. tion. Doing so would enable us to im- Given the nutritional risks to Amer- The legislative clerk read as follows: mediately certify children from WIC ican children today and the numerous The Senator from Pennsylvania [Mr. SPEC- families for the National School Lunch unmet needs that exist in Federal child TER], for himself and Ms. COLLINS, proposes and Breakfast programs. nutrition programs, I commend Sen- an amendment numbered 2741, as modified.

VerDate jul 14 2003 23:55 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.076 S11PT2 S2670 CONGRESSIONAL RECORD — SENATE March 11, 2004 Mr. SPECTER. Mr. President, I ask drug treatment for amyotrophic lateral vania. He is persistent, to say the unanimous consent that reading of the sclerosis, and the NIH must postpone least, on this subject. amendment be dispensed with. the production and clinical testing of The night is late. I see my colleague, The PRESIDING OFFICER. Without four potential pandemic influenza vac- the Senator from New Mexico, wishes objection, it is so ordered. cines for a year or more. And we know to speak. I will yield my colleague 1 The amendment is as follows: the tremendous impact on the influ- minute—2 minutes? (Purpose: Increase discretionary health enza problem. Mr. DOMENICI. Well, I say to the funding by $2,000,000,000) Without this funding, the NIH cannot Senator, while he has been waiting On page 16, line 12, increase the amount by launch a clinical trials network to test however long he has been—— $1,300,000,000. new therapies for age-related macular Mr. NICKLES. Would the Senator On page 16, line 13, increase the amount by degeneration, nor can NIH launch an like 2 minutes? $1,300,000,000. initiative to identify and test ap- Mr. DOMENICI. Maybe 3. I probably On page 23, line 5, decrease the amount by proaches to reducing cardiovascular won’t use it. $1,300,000,000. disease that are specific to American Mr. NICKLES. Mr. President, I yield On page 23, line 6, decrease the amount by my colleague from New Mexico 3 min- $1,300,000,000. Indian and Alaska Native populations. Without this funding, NIH cannot use utes. Mr. SPECTER. Mr. President, for the its clinical trial networks to launch The PRESIDING OFFICER. The Sen- information of my colleagues, this is trials on the consequences of the use of ator from New Mexico. an amendment which seeks to add $1.3 more than one psychiatric medication Mr. DOMENICI. Fellow Senators, I billion to funding for the National In- by the severely mentally ill. normally get up to argue a case when I stitutes of Health, with an offset I have a long additional list. I see the think I can win. And sometimes—not against function 920, amounting to one- impatience of the chairman of the too often—I get up to argue a case on sixth of 1 percent on administrative Budget Committee, and I share his im- the floor of the Senate because I think costs. patience. I understand the hour, so I the case deserves my argument, even if I express my concern about offering ask unanimous consent that the full I do not think I am going to win. And an amendment at 11:04 p.m. for a roll- next of the test trials which cannot be who in the world would think any Sen- call vote, but as stated by the chair- undertaken by the NIH be printed in ator could deny this money to the Na- man of the Budget Committee, I have the RECORD. tional Institutes of Health? You surely been patient waiting for 31⁄2 days to There being no objection, the mate- would have to be a bigger Senator than offer this amendment. And I do so be- rial was ordered to be printed in the from New Mexico to argue this kind of cause of the importance of funding for RECORD, as follows: case and win. the National Institutes of Health, 10 EXAMPLES OF NIH RESEARCH THAT CAN I want to tell you something: You which has made such enormous NOT BE FUNDED UNDER THIS BUDGET RESO- have heard about people in the Federal progress against many deadly mala- LUTION Government who want more and more dies. (1) The NIH cannot initiate the large clin- and more for their agencies. We have Last year, we had a spirited debate, ical trials necessary to test 4 new drugs for nicknames for them. You have some; I at about this same hour, on an amend- the treatment of Parkinson’s disease. have some. I hate to say it. The NIH is ment I offered for a $1.5 billion in- (2) The NIH cannot conduct a clinical trial one of the best agencies in the world, crease, which required 60 votes, and of a promising new drug for the treatment of but they have turned into pigs, pigs. failed with 52 votes in the affirmative— ALS (Lou Gehrig’s Disease). (3) The NIH must postpone the production They can’t keep their ‘‘oinks’’ closed. 8 votes short of the 60 necessary at that and clinical testing of 4 potential pandemic They send a Senator down here to time. influenza vaccines by one year or more. argue as if they are broke. The National Institutes of Health (4) The NIH cannot launch a clinical trials Will you listen to what has happened have made phenomenal progress network to test new therapies for age-related to NIH in 5 years and you tell me that against the most deadly diseases: au- macular degeneration, which is the leading they should get this much money? And tism, stroke, obesity, Alzheimer’s, Par- cause of vision loss among Americans over while you are doing that, ask about the kinson’s, spinal muscular atrophy, 65. rest of the sciences. Is America going scleroderma, ALS, muscular dys- (5) The NIH cannot launch an initiative to identify and test approaches to reducing car- to survive on NIH alone? When will we trophy, diabetes, osteoporosis—a vari- diovascular disease that are specific to run out of physicists? When will we run ety of cancers: breast, cervical, and American Indian and Alaska Native popu- out of scientists? Do you know what? ovarian; lymphoma, multiple lations. We already are. We are importing them myeloma, prostate, pancreatic, colon, (6) The NIH cannot use its clinical trial from all over the world. head and neck, brain, and lung—pedi- networks to launch trials on the con- You go ask NIH what they need most atric renal disorders, multiple scle- sequences of the use of more than one psy- and they will say: We need scientists to rosis, deafness and other communica- chiatric medication by the severely mentally come and join us. ill. tion disorders, glaucoma, macular de- (7) The NIH cannot support research to And what do we do? I will tell you. generation, sickle cell anemia, heart rapidly develop computer-assisted, image- The lead agency for America, sup- disease, spinal cord injury, Sudden In- guided microsurgery, which could replace posedly, that invests in nonmedical, fant Death Syndrome, arthritis, schizo- traditional surgery. non-NIH research, is the NSF. Do you phrenia and other mental disorders, (8) The NIH cannot test milk thistle, a want to know how much they get? The polycystic kidney disease, hepatitis, promising dietary supplement, for the treat- NSF gets $3.6 billion a year for basic Cooley’s Anemia, primary immune de- ment of liver diseases. research. How does that strike you? ficiency disorders, stroke, and obesity. (9) The NIH cannot launch chemical Well, maybe that wouldn’t strike you counterterrorism research to combat nerve But I would supplement this list for agents. at all unless you knew how much NIH the RECORD, Mr. President. When those (10) The NIH cannot proceed with a project got. NIH, this year, with the increase disorders and diseases are articulated, to identify at birth hundreds of single gene they are going to get, will be $28.7 bil- they cover some 128 million Americans. defects associated with mental retardation, lion without this amendment. NIH has This increase in funding is necessary if and other fatal or disabling conditions. spent $145 billion over the last 7 years. the NIH is to proceed with very impor- Mr. SPECTER. Mr. President, in con- And guess what that is. That is a 109- tant research. clusion—the two most popular words of percent increase in a period of 7 years. For example, the NIH cannot initiate any speech—in a budget of $2.4 trillion, Do you have it? the necessary clinical trials to test funding of $30 billion is not too much They wrote these little brochures, four new drugs for the treatment of on this major problem. and they ought to be embarrassed. Parkinson’s disease. The experts have I yield the floor. They came to my office and I told testified we are within 5 years of a cure The PRESIDING OFFICER. The Sen- them: You are lucky you have old Bob on Parkinson’s. ator from Oklahoma. Michel along with you because, as far Without this kind of funding, there is Mr. NICKLES. Mr. President, I com- as you doctors are concerned, I would no clinical trial for a promising new pliment my colleague from Pennsyl- kick you out of here so fast you

VerDate jul 14 2003 01:22 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.214 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2671 couldn’t find the door. But I will let There appears to be a sufficient sec- have been able to combine their Bob stay here for a minute and argue. ond. amendments. I thank both for their co- They got these kind of reports saying: The yeas and nays were ordered. operation. Well, we are so sorry the President has Mr. DOMENICI. Mr. President, I am AMENDMENT NO. 2845 let us down this year. sorry if I inferred that somebody sent Mr. NICKLES. I send the Lugar-Dur- The PRESIDING OFFICER. The Sen- you here. I don’t mean that. I can only bin amendment to the desk and ask for ator’s time has expired. tell you what they told me. They told its immediate consideration. Mr. DOMENICI. I ask for an addi- me yesterday that you would be here The PRESIDING OFFICER. The tional minute. because they asked you. That is all I clerk will report. Mr. NICKLES. I yield the Senator 1 have to say. The assistant legislative clerk read minute. I yield the floor. as follows: Mr. DOMENICI. He has only given us The PRESIDING OFFICER. If all inflation. After all these years, he only The Senator from Oklahoma [Mr. NICK- time is yielded back on the amend- LES], for himself, Mrs. FEINSTEIN, Mr. DUR- gave us inflation this year. And they ment, the question is on agreeing to BIN, Mr. DEWINE, Mr. HAGEL, Mrs. MURRAY, almost sound as if he is against them, amendment No. 2741, as modified. Mr. CHAFEE, Mr. JEFFORDS, Mr. LAUTENBERG, the President who has funded them The yeas and nays have been ordered. Ms. CANTWELL, Mr. SMITH, Mr. SANTORUM, more than any President in history. The clerk will call the roll. Mr. MCCAIN, Mr. BIDEN, Mr. SUNUNU, and Mr. Then we come down to the floor under- The assistant legislative clerk called LEVIN, proposes an amendment numbered 2845. funding the National Science Founda- the roll. tion, underfunding research that is Mr. DASCHLE. I announce that the Mr. NICKLES. Mr. President, I ask going to take place at NASA, under- Senator from North Carolina (Mr. ED- unanimous consent that the reading of funding science at DOE. It is never WARDS), the Senator from South Da- the amendment be dispensed with. enough. Come to the floor with another The PRESIDING OFFICER. Without kota (Mr. JOHNSON), and the Senator amendment saying: This isn’t enough. objection, it is so ordered. from Massachusetts (Mr. KERRY) are Our ‘‘oink’’ somehow is not full, and necessarily absent. The amendment is as follows: On page 8, line 21, increase the amount by come down here and say: We can’t do I also announce that the Senator this; we can’t do that. $1,400,000,000. from Nevada (Mr. REID) is absent at- Of course, when you are a big science On page 8, line 22, increase the amount by tending a funeral. institute, you can invent something $153,000,000. The PRESIDING OFFICER. Are there On page 8, line 25, increase the amount by every day that you ought to do. I tell any other Senators in the Chamber de- $97,000,000. you, a 109-percent increase in 7 years is siring to vote? On page 9, line 1, increase the amount by enough. If I had a little time, they The result was announced—yeas 72, $621,000,000. wouldn’t get it because I tell you, I On page 9, line 4, increase the amount by nays 24, as follows: would substitute for these other impov- $98,000,000. erished programs and make you [Rollcall Vote No. 56 Leg.] On page 9, line 5, increase the amount by YEAS—72 $359,000,000. choose. I would make you say you On page 9, line 8, increase the amount by don’t want to put any money in NSF. Akaka Dole Lott Allen Dorgan Lugar $98,000,000. You want to put some more in this one. Baucus Durbin Mikulski On page 9, line 9, increase the amount by But I can’t do that on this bill. I will Bayh Ensign Miller $237,000,000. get it done one of these days. We are Bennett Feingold Murkowski On page 9, line 12, increase the amount by going to have a choice of keeping on Biden Feinstein Murray $98,000,000. Bingaman Fitzgerald Nelson (FL) funding this place or funding some On page 9, line 13, increase the amount by Boxer Graham (FL) Nelson (NE) $154,000,000. other science in America before we Byrd Grassley Pryor On page 23, line 5, decrease the amount by Cantwell Gregg Reed have none left. $1,400,000,000. I am sorry I took your time. Carper Harkin Roberts Chafee Hatch Rockefeller On page 23, line 6, decrease the amount by Mr. SPECTER. Mr. President, 1 Chambliss Hollings Santorum $153,000,000. minute in reply? Clinton Hutchison Sarbanes On page 23, line 9, decrease the amount by Mr. NICKLES. Mr. President, how Cochran Inouye Schumer $97,000,000. much time do I have remaining? I don’t Coleman Jeffords Shelby On page 23, line 10, decrease the amount by have the additional time to yield, I tell Collins Kennedy Smith $621,000,000. Conrad Kohl Snowe On page 23, line 13, decrease the amount by my colleague? Cornyn Landrieu Specter $98,000,000. Mr. SPECTER. Thirty seconds in Corzine Lautenberg Stabenow On page 23, line 14, decrease the amount by reply? Daschle Leahy Stevens Dayton Levin Talent $359,000,000. The PRESIDING OFFICER. The DeWine Lieberman Warner On page 23, line 27, decrease the amount by sponsor of the amendment has time as Dodd Lincoln Wyden $98,000,000. well as the manager. On page 23, line 18, decrease the amount by NAYS—24 Mr. NICKLES. I yield my colleague $237,000,000. from Pennsylvania 30 seconds. Alexander Craig Kyl On page 23, line 21, decrease the amount by Mr. SPECTER. The NIH did not send Allard Crapo McCain $98,000,000. Bond Domenici McConnell On page 23, line 22, decrease the amount by this Senator anywhere. My views ar- Breaux Enzi Nickles rive from my own research. When I Brownback Frist Sessions $154,000,000. hear the Senator from New Mexico dis- Bunning Graham (SC) Sununu Mrs. FEINSTEIN. Mr. President, I Burns Hagel Thomas rise today to express my support for agreeing with the research, I think Campbell Inhofe Voinovich about how many times he has come to the amendment offered by Senator NOT VOTING—4 me and I have helped him on funding LUGAR and myself to restore the Inter- for mental health. That is a very vital Edwards Kerry national Affairs function 150 account Johnson Reid part of what NIH is doing, a matter of to the President’s requested funding great importance to the Senator from The amendment (No. 2741) was agreed level and add additional resources to New Mexico, just as so many of these to. the fight against global HIV/AIDS. maladies are important to every Sen- The PRESIDING OFFICER. The Sen- Now is not the time to take a step ator in this Chamber. ator from Oklahoma. backwards in our commitment to en- Mr. SARBANES. Mr. President, I say Mr. NICKLES. Mr. President, we are suring that the international affairs to the Senator from Pennsylvania, he making progress. I hope our colleagues budget remains a vital tool of Amer- is the sponsor of the amendment. He will continue to be patient. I know the ican foreign policy in the fight against has an hour’s time on his amendment. hour is late. Again, I thank my col- terror and global poverty. Mr. SPECTER. Mr. President, I ask league from North Dakota. He has been Our amendment adds $1.4 billion in for the yeas and nays. very helpful. funding for the international affairs The PRESIDING OFFICER. Is there a We have had some success with Sen- budget to exceed the President’s re- sufficient second? ator LUGAR and Senator DURBIN. They quest of $31.5 billion for fiscal year 2005

VerDate jul 14 2003 23:55 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.217 S11PT2 S2672 CONGRESSIONAL RECORD — SENATE March 11, 2004 by $300 million. Last year, the Senate sein in Iraq and the Taliban in Afghan- these areas, we must recognize that accepted a Lugar-Feinstein amend- istan while combating al-Qaeda around international threats, particularly the ment that restored $1.15 billion to the the globe. Nevertheless, the costs in threat of catastrophic terrorism, puts fiscal year 2004 international budget. terms of lives and resources have been all these domestic objectives at risk. As I stated last year, I strongly be- substantial and we can expect addi- The threat of catastrophic terrorism lieve the United States should devote tional costs for many years to come. now exists as an overarching negative additional resources to the inter- Increasing the foreign aid budget al- condition on investor confidence, in- national affairs budget above this lows us to attack the conditions that surance cost and availability, trade amendment. Nevertheless, in this dif- foster terror and autocratic govern- flows, energy supplies, budget flexi- ficult fiscal environment, I fully under- ments—poverty, illness, disease, illit- bility, the amount of national assets stand that this amendment is the best eracy—at a far lower cost and with less devoted to increasing productivity, and opportunity to maintain the momen- bloodshed than military interventions many other factors that are crucial to tum of increasing the international af- in the future. We should not wait until our economy. fairs budget and demonstrating the im- a nation hits rock bottom to build Our future economic prospects rest portance of our foreign aid programs. schools, open hospitals, and provide squarely on our Government’s ability I also understand that the offset used food to those in the developing world to defeat terrorism and to secure weap- in this amendment—the function 920 who so desperately need it. ons and materials of mass destruction account—is not ideal, but the Lugar/ As Secretary of State Colin Powell to a degree that encourages invest- Feinstein amendment is the best vehi- has stated: ment, improves public confidence, and cle we have at this time to restore the We have to make sure that, as we fight ter- protects the economy against severe President’s request, provide additional rorism using military means and legal means economic shocks. If the United States assistance to the fight against global and law enforcement and intelligence means fails to organize and stabilize the HIV/AIDS and help the United States and going after the financial infrastructure world, our economy will never reach its sustain a leadership role in bringing of terrorist organizations, we also have to potential. hope to the developing world and fight- put hope back in the hearts of people. The bottom line is this: for the fore- ing global terror. By acting sooner rather than later, seeable future, the United States and The statistics about our inter- we not only have a better opportunity its allies will face an existential threat national affairs budget are well known to promote stability, economic pros- from the intersection of terrorism and to some of my colleagues but they are perity, and vibrant democratic institu- weapons of mass destruction. This is worth repeating to underscore the im- tions, but we also protect our own na- the domestic issue of our time, because portance of acting now to provide addi- tional interests and the lives of all virtually any large-scale idea to im- tional funds. The United States spends Americans. prove life in America will be cir- approximately one percent of our budg- Sometimes our values and intentions cumscribed by the economic limita- et on foreign aid, barely one-tenth of are misconstrued and misrepresented tions imposed by this threat. one percent of GDP. around the world. I am increasingly In the 30 months since the September According to the Organization for concerned about the negative percep- 11 attacks, the United States has re- Economic Cooperation and Develop- tions of the United States and Ameri- fined its military capabilities, created ment, the United States in recent cans that abound in the Middle East a Department of Homeland Security, years ranks next to last among 21 in- and other parts of the developing improved airport and seaport security, dustrialized donor countries in per cap- world. and scrutinized the efficiency of our in- ita foreign assistance. We are a generous people and foreign We can do better and I am pleased telligence services. We have carried the aid represents the best of our values that over the past few years the admin- fight against terrorism to Afghanistan and demonstrates our commitment to istration, Congress, and the American and Iraq. seeing other peoples rise from the people have come together to push for But to win the war against terrorism, ashes of poverty. When we succeed in greater commitments to our inter- the United States must assign U.S. this endeavor, we change hearts and national affairs budget. economic and diplomatic capabilities In the simplest terms, foreign aid minds and protect our own. I urge my the same strategic priority that we as- programs provide assistance to those in colleagues to support this bipartisan sign to military capabilities. need. They help countries combat dis- amendment. Today we are experiencing a con- eases such as HIV/AIDS, build schools Mr. LUGAR. Mr. President, I rise fluence of foreign policy crises that is to fight illiteracy, train doctors to pro- today to offer an amendment to the unparalleled in the post-Cold War era. vide care for mothers and their new- 2005 budget resolution. The Budget Our Nation has experienced the Sep- born children, and help indigenous peo- Committee has presented the Senate tember 11 tragedy; we have gone to war ples prevent environmental degrada- with a product of intense labor. Its in Afghanistan and Iraq; we have been tion. members are determined to produce a confronted by a nuclear crisis in North In addition, foreign aid programs pro- budget resolution in a timely manner, Korea; and we have undertaken a tect our embassies and foreign service and I have confidence that we will get worldwide diplomatic offensive to se- personnel, built export markets for our this job done. I applaud the chairman cure allies in the broader war on ter- goods and services, and spread Amer- of the committee, Senator NICKLES, for ror. We have experienced strains in the ica’s message of freedom and democ- his leadership and the way he has Atlantic Alliance, even as we have ex- racy around the world. moved this process forward. panded it. We are still searching for a In the post September 11 world, how- My amendment would increase fund- peace settlement in the Middle East. ever, the international affairs budget ing for the foreign affairs account by We are trying to respond to the AIDS has taken on an increased significance. $1.1 billion, an amount that would pandemic in Africa and elsewhere. In It has become increasingly clear that bring the budget resolution up to our own hemisphere, we have experi- we cannot rely on our military might President Bush’s request for this pur- enced a crisis in Haiti that requires im- alone to protect our citizens and ad- pose. In cooperation with Senator DUR- mediate attention. We are assisting a vance the U.S. foreign policy agenda. BIN and others, my amendment has war against drugs and terrorism in Co- As Richard Sokolsky and Joseph Mc- been modified to reflect an additional lombia, and we have a challenge to de- Millan of the National Defense Univer- $300 million to address the global AIDS mocracy in Venezuela. Mexico, Brazil sity have written: epidemic. The amendment would be and other nations are becoming in- The events of September 11th have a direct offset by Section 920 Allowances. creasingly important to our economy. impact on American national security . . . A Much of our discussion in this budget The ability of our military has not robust and focused foreign assistance pro- will focus on taxes, health care, edu- been in doubt. What has been in doubt gram is one of the weapons we must have to cation, and Social Security. These are factors related to our diplomatic prevail. issues will be fought out in the context strength and our standing in the world. Our troops have performed magnifi- of highly partisan perspectives. But Can we get the cooperation of the U.N. cently in overthrowing Saddam Hus- even as we maneuver for advantage in Security Council? Can we secure the

VerDate jul 14 2003 23:55 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.080 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2673 necessary basing and overflight rights? been a big part of our discussions in The amendment is as follows: Can we limit anti-American reactions the Foreign Relations Committee. (Purpose: To increase Veterans Medical Care to war in the Arab world? Can we se- I thank the Budget Committee and by $1,200,000,000) cure allied participation in the work of Chairman NICKLES for their help and On page 19, line 21, increase the amount by reconstructing Iraq? Can we prevent counsel. $1,200,000,000. poverty and disease from destabilizing The PRESIDING OFFICER. The Sen- On page 19, line 22, increase the amount by countries throughout the developing ator from North Dakota. $1,080,000,000. world? The answers of these questions Mr. CONRAD. Mr. President, I thank On page 20, line 1, increase the amount by have depended largely on the diplo- Senator LUGAR and Senator DURBIN for $108,000,000. matic work done by the State Depart- working together to clear this amend- On page 20, line 5, increase the amount by ment. The answers will depend in the ment so we could get this accomplished $5,000,000. On page 20, line 9, increase the amount by future on the work funded by the very without a rollcall vote. We appreciate $1,000,000. budget that we discuss today. that very much. On page 23, line 5, decrease the amount by Under President Bush and Secretary I yield 1 minute to the Senator from $1,200,000,000. of State Powell, foreign affairs spend- Illinois. On page 23, line 6, decrease the amount by ing has received important increases The PRESIDING OFFICER. The Sen- $1,080,000,000. since September 11, 2001. But we dug a ator from Illinois. On page 23, line 10, decrease the amount by very deep hole for ourselves during the Mr. DURBIN. Mr. President, I thank $108,000,000. mid- and late-1990s, when complacency Senator LUGAR, as well as Senator On page 23, line 14, decrease the amount by about the role of our diplomats led for- NICKLES and Senator CONRAD. What we $5,000,000. eign affairs spending to be greatly de- achieved with the Lugar-Durbin On page 23, line 18, decrease the amount by $1,000,000. valued. This year, the Budget Com- amendment is this: We will increase Ms. MURKOWSKI. Mr. President, on mittee listened to our arguments sym- the funding to fight global AIDS by al- behalf of myself, Senators SPECTER, pathetically and provided what it be- most $500 million. We are still short of BOND, STEVENS, DEWINE, CORNYN, lieved it could, given difficult budg- what we need to meet our promised CAMPBELL, GRAHAM, ALLEN, ENSIGN, etary constraints. But I believe restor- goals when the President made a his- and MIKULSKI, I propose the following. ing full funding of the President’s 150 toric commitment for the United Many of us have had the opportunity Account request is the appropriate step States to deal with this war on AIDS. this week to be visited by veterans at this point in the process. But we are moving closer. from our respective States, folks who Last week the Foreign Relations The bipartisan cooperation this are in town for their annual convention Committee passed our State Depart- evening with Senator LUGAR has al- and meetings. I am pleased to offer an ment and Foreign Assistance Author- lowed us to move closer to that mo- amendment that will boost the spend- ization bills by a unanimous vote. ment, and it is equally good news for ing for our veterans health care. This These bills were constructed through Members gathered here. It eliminates a would be an increase in veterans health bipartisan work, and they reflect prior- need for me calling up my amendment care by $1.2 billion in fiscal year 2005. ities valued by many of our Members. and a vote. We stayed within the limits of the I ask unanimous consent that the fol- This is a relatively straightforward President’s budget request. We believe lowing Senators be added as cosponsors amendment. The funds will come from function 920 and offset the spending in- that the President’s full budget request of Senator LUGAR’s amendment. These for the 150 Account is necessary to fund were sponsors of my amendment. Sen- crease. The budget, as it currently stands, provides $70.4 billion for fiscal critical priorities, including embassy ators BINGAMAN, LAUTENBERG, SCHU- year 2005 veterans programs. So this security, non-proliferation efforts, MER, STABENOW, CLINTON, FEINSTEIN, would be an increase of $9 billion or 15 child survival and health, and pro- KERRY, KOHL, LEVIN, and MURRAY. grams that fight the spread of AIDS. The PRESIDING OFFICER. Without percent from the current fiscal year. I concluded by saying that Ameri- objection, it is so ordered. We need to look at what our veterans cans demand that U.S. military capa- Is all time yielded back? If so, the have given to this Nation and think bilities be unrivaled in the world. question is on agreeing to amendment about what we should do as we help Should not our diplomatic strength No. 2845. them. When we look at this amend- meet the same test? Relative to our The amendment (No. 2845) was agreed ment, we help eliminate the wait list international needs and the risks that to. for veterans in need of medical care, we are facing, this amendment is mod- Mr. NICKLES. Mr. President, I thank hopefully shorten the time it will take est. If a greater commitment of re- all of our colleagues for their coopera- to process a veteran’s disability claim sources can prevent the bombing of one tion on eliminating two amendments. and to process our veterans’ benefits in of our embassies, or the proliferation of Mr. President, I call upon the Sen- a timely manner. a nuclear weapons, or the spiral into ator from Alaska who has an amend- I urge my colleagues to support this chaos of a vulnerable nation wracked ment. amendment. by disease and hunger, the investment The PRESIDING OFFICER. The Sen- Mr. NICKLES. Mr. President, I thank will have yielded dividends far beyond ator from Alaska. Senator MURKOWSKI and also Senator its cost. AMENDMENT NO. 2846 MIKULSKI for their leadership in put- I thank the co-sponsors of this Ms. MURKOWSKI. Mr. President, I ting this amendment together. I urge amendment: Senators FEINSTEIN, DUR- send an amendment to the desk and its adoption. BIN, DEWINE, HAGEL, MURRAY, JEF- ask for its immediate consideration. The PRESIDING OFFICER. The Sen- FORDS, CHAFEE, CANTWELL, SMITH, LAU- The PRESIDING OFFICER. The ator from North Dakota. TENBERG, SANTORUM, MCCAIN, BIDEN, clerk will report. Mr. CONRAD. Mr. President, we need SUNUNU, and LEVIN. Senator FEINSTEIN, The assistant journal clerk read as to be clear with our colleagues, there is the lead co-sponsor of my amendment, follows: no new money. This is rearranging has been a champion of the 150 Account debt. To the extent that means it is The Senator from Alaska [Ms. MUR- and has worked closely with me during KOWSKI], for herself, Mr. SPECTER, Mr. BOND, not terribly real, that is the reality. I the budget process, both last year and Mr. ENSIGN, Mr. DEWINE, Mr. CORNYN, Mr. thank my colleagues. this year. I also want to specifically CAMPBELL, Mr. GRAHAM, Mr. ALLEN, Mr. STE- Mr. SPECTER. Mr. President, I am thank Senator DEWINE, who had two VENS, and Ms. MIKULSKI, proposes an amend- pleased to comment briefly at this amendments to increase the 150 Ac- ment numbered 2846. time to express my support and cospon- count that were focused on Haiti and Ms. MURKOWSKI. Mr. President, I sorship, as Chairman of the Senate child survival and health programs. He ask unanimous consent that the read- Committee on Veterans’ Affairs, of the has co-sponsored this amendment as a ing of the amendment be dispensed amendment that has been offered by way to make additional funds available with. the Senator from Alaska, Ms. MUR- for these purposes. These are extremely The PRESIDING OFFICER. Without KOWSKI, pertaining to veterans’ med- important priorities, and both have objection, it is so ordered. ical care funding.

VerDate jul 14 2003 01:22 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.093 S11PT2 S2674 CONGRESSIONAL RECORD — SENATE March 11, 2004 Senator MURKOWSKI’s amendment U.S.C. 7384 et seq.) (referred to in this sec- spending limits, and other appropriate levels would increase funding for most crit- tion as the ‘‘EEOICPA’’) is intended to en- and limits in this resolution by $2,528,000,000 ical discretionary account of the De- sure the timely payment of uniform and ade- in budget authority for fiscal year 2005, and partment of Veterans Affairs, VA, VA quate compensation to covered employees by the amount of outlays flowing therefrom suffering from occupational illnesses in- in fiscal year 2005 and subsequent years for medical care account, by $1.2 billion. curred during their work for the Department Project Bioshield, for a bill, joint resolution, According to materials distributed by of Energy. amendment, or conference report that makes the Budget Committee, the resolution (2) The Department of Labor is responsible appropriations for the Department of Home- reported out by the Budget Committee for implementing the provisions under sub- land Security for the fiscal year ending Sep- had already proposed to increase such title B of the EEOICPA, relating to claims tember 30, 2005. funding by $1.4 billion. Thus, approval for radiation related cancers, beryllium dis- Mr. BYRD. Mr. President, this budget of the Murkowski amendment will up ease, and silicosis. The Department of Labor resolution contains a back-door cut VA medical care spending, relative to has, within its area of responsibility, proc- that could result in an 8 percent cut in essed over 95 percent of the 52,000 claims it the Congressional Budget Office-com- has received, and is processing these claims the budget for the Department of puted baseline, by $2.6 billion. This in an average of 73 days. Homeland Security. In addition, the number compares quite favorably to (3) As of the date of enactment of this reso- resolution contains a provision that the medical care appropriations ‘‘plus lution, the Department of Health and Human will undermine the Pell Grant higher up’’ of $2.1 billion that the Ranking Services has not promulgated the regula- education program. This amendment, Member of the Veterans’ Affairs Com- tions required under section 3626 of the which is cosponsored by the chairmen mittee, Senator BOB GRAHAM, and I in- EEOICPA for allowing claimants to petition and ranking members of the Homeland dicated was necessary in the ‘‘views to be members of the Special Exposure Co- Security and Labor/HHS/Education hort. Special Exposure Cohorts provide a and estimates letter’’ that we provided presumption in favor of the claimant for ra- Subcommittees, addresses these issues. to the Budget Committee on March 4, diation related cancers if— Project Bioshield is a new program, 2004. It also compares quite favorably (A) it is not feasible to estimate radiation first requested by the President in Feb- to the two record-breaking increases of dose with sufficient accuracy; and ruary of 2003, that will expand the Fed- $2.4 billion and $2.9 billion that have (B) there is a reasonable likelihood that eral Government’s preparedness for a been provided by Congress in the past 2 the health of the class of workers may have bioterrorist attack by making it easier fiscal years for the VA medical care ac- been endangered. to purchase the most effective pharma- count. Clearly, this Congress—and this (4) The Department of Energy, which is re- ceuticals and vaccines. sponsible for implementing subtitle D of the The fiscal year 2004 budget resolu- President—are fulfilling the commit- EEOICPA, relating to occupational illness ment that we, as a nation, owe to those caused by exposure to toxic substances at tion, the discretionary limit for fiscal who have served. Department of Energy facilities, finalized its year 2005 was set at $814 billion. Above I urge all of my colleagues to support regulations on August 14, 2002. The Depart- and beyond the $814 billion limit, the this amendment. It is good for vet- ment of Energy has processed 1 percent of resolution assumed $5.6 billion for erans, and it is good for the Nation. the 22,000 claims received through the De- Project Bioshield as mandatory spend- The PRESIDING OFFICER. Time is partment of Energy physicians panels since ing for legislation considered in the yielded back. The question is on agree- its regulations were made final. Senate. In the House, the budget reso- ing to amendment No. 2846. (5) The Department of Energy has no will- lution assumed that funding for bio- ing payor for up to 50 percent of the claims Without objection, the amendment is that its physicians panels determine to be shield would be discretionary. agreed to. related to exposure to a toxic substance at To help resolve the difference be- The amendment (No. 2846) was agreed the Department of Energy. As a con- tween the House and the Senate, the to. sequence, many claimants with a positive de- President submitted a formal budget The PRESIDING OFFICER. The Sen- termination from the physicians panel will request on September 12, 2003 for $5.6 ator from Oklahoma. be denied benefits. Many States, including billion of advanced appropriations as AMENDMENTS NOS. 2847 AND 2848, EN BLOC Alaska, Colorado, Iowa, Kentucky, Missouri, discretionary spending in the fiscal Mr. NICKLES. Mr. President, I have Ohio, New Mexico, Idaho, and Nevada, may year 2004 Homeland Security Appro- not have a willing payor. two amendments that have been agreed (b) SENSE OF THE SENATE.—It is the sense priations Act. Congress approved the upon by both sides of the aisle. One is of the Senate that— request and the President signed the an amendment by Senator GRASSLEY, (1) claims for occupational illness, which first Homeland Security Appropria- and an amendment by Senator BYRD are determined to be caused by exposure to tions Act into law. and Senator COCHRAN. I ask for their toxic substances at Department of Energy Six months later, Chairman NICKLES immediate consideration. facilities under subtitle D of the EEOICPA, has decided to disregard that agree- The PRESIDING OFFICER. The should be promptly, equitably, and effi- ment. His budget resolution now as- ciently compensated; sumes that the $2.5 billion of Project clerk will report. (2) administrative and technical changes The assistant journal clerk read as should be made to the EEOICPA to— Bioshield funding that is available for follows: (A) improve claims processing and review the next 4 years will all count against The Senator from Oklahoma [Mr. NICKLES] by physicians panels to ensure cost-effective the $814 billion limit for fiscal year proposes amendments numbered 2847 and and efficient consideration and determina- 2005, forcing the Appropriations Com- 2848, en bloc. tion of workers’ claims; mittee to absorb the cost. Mr. NICKLES. Mr. President, I ask (B) provide for membership in additional What this means is less funding for unanimous consent that the reading of special exposure cohorts; and first responder grants, less funding of (C) address eligibility issues at facilities the amendments be dispensed with. the Coast Guard, less funding for bor- with residual radiation; and der security, less money for FEMA to The PRESIDING OFFICER. Without (3) the President and Congress should work objection, it is so ordered. together at the earliest opportunity to de- respond to disasters and less money to The amendments are as follows: velop a plan that effectively resolves the implement our immigration laws. This AMENDMENT NO. 2847 issue of a lack of a willing payor for many is unacceptable. My amendment will (Purpose: To express the sense of the Senate claims that are determined under subtitle D restore the Project Bioshield scoring regarding compensation for exposure to of the EEOICPA to be related to exposure to treatment that was requested by the toxic substances at Department of Energy a toxic substance at Department of Energy President and approved by the Senate facilities) facilities. last September and strike the language On page 54, after line 22, insert the fol- AMENDMENT NO. 2848 in the resolution concerning Pell lowing: (Purpose: To correct the scoring for Project Grants. Bioshield) SEC. ll. SENSE OF THE SENATE REGARDING I urge adoption of the amendment. COMPENSATION FOR EXPOSURE TO On page 43, strike lines 11 through 20, and Mr. COCHRAN. Mr. President, this TOXIC SUBSTANCES AT THE DE- insert the following: amendment would strike section 404 PARTMENT OF ENERGY. (b) FUNDING FOR BIOSHIELD.—The chairman (a) FINDINGS.—The Senate finds the fol- of the Committee on Budget of the Senate from the budget resolution, and pro- lowing: shall revise the aggregates, functional to- vide for the release of the reserve funds (1) The Energy Employees Occupational tals, and allocations to the Committee on originally intended for Bioshield in ad- Illness Compensation Program Act of 2000 (42 Appropriations of the Senate, discretionary dition to appropriations provided for

VerDate jul 14 2003 23:55 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.089 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2675 the Department of Homeland Security For the information of our col- it is clear to all what we are going to for fiscal year 2005. leagues, we are down to maybe two do by taking our debt limit through The fiscal year 2004 budget resolution amendments on our side. the roof. I hope we can get support for established a $5.593 billion ‘‘reserve’’ I see Senator LAUTENBERG is standing this so we can have an intelligent de- for Project Bioshield, outside the fiscal up. bate specifically on the debt limit at a years 2004 and 2005 discretionary caps. Mr. LAUTENBERG. I am. later time. This fiscal year 2005 budget resolu- Mr. NICKLES. Does Senator CONRAD I yield the floor. tion, as reported, assumes that the $2.5 want to go with Senator LAUTENBERG’s The PRESIDING OFFICER. The Sen- billion advance appropriations for amendment? ator from Oklahoma. Project Bioshield will now be scored Mr. CONRAD. Mr. Chairman, I think Mr. NICKLES. I hope we do not need against the fiscal year 2005 cap. it would be useful to do that. This has reconciliation to pass a debt limit. I do At the same time, it imposes in sec- a bit of a complexity. know it is important to pass a debt tion 404(b) a new procedural barrier to Mr. NICKLES. This is late at night, limit. This is a political season. Maybe prohibit the Senate Appropriations and I urge our colleagues to confine people want to play games with it and Committee from getting credit for re- their statements to 1 minute each. As offer unlimited amendments. I do not ducing Bioshield funds to live within a matter of fact, I ask unanimous con- know that we would do that. We did the cap. sent that statements made on behalf of not do that last year. We actually The effect is that the Senate Appro- and in opposition to any remaining passed the debt limit in 1 day, I be- priations Committee, unlike the House, amendments be limited to 1 minute lieve. I hope we can do it in 1 day and will have to find an additional $2.5 bil- each. I hope we can do it outside of reconcili- lion in spending reductions. This will Mr. DURBIN. I object. ation. We should be able to do it. This likely have an adverse impact on ongo- The PRESIDING OFFICER. The ob- gives us at least some additional pro- ing programs, including essential jection is heard. tection to make sure the full faith and homeland security activities. Mr. NICKLES. Mr. President, I call credit of the United States is adhered Advance appropriations were pro- upon our colleague and friend from vided to ensure that a stable source of to, that we pay our bills on time. New Jersey to offer an amendment. I urge our colleagues to vote no on funding would be available for this ini- The PRESIDING OFFICER. The Sen- the pending amendment, and I ask for tiative. ator from New Jersey. the yeas and nays. No new scorekeeping precedent needs AMENDMENT NO. 2797 to be established to protect this pro- The PRESIDING OFFICER. Is there a Mr. LAUTENBERG. Mr. President, I sufficient second? gram. send an amendment to the desk and I urge my colleagues to support this There appears to be a sufficient sec- ask for its immediate consideration. amendment. ond. Mr. NICKLES. Mr. President, one of The PRESIDING OFFICER. The The question is on agreeing to clerk will report. these is an amendment Senator BYRD amendment No. 2797. The assistant journal clerk read as alluded to yesterday. Of these amend- The clerk will call the roll. follows: ments was one Senator BYRD had men- The assistant journal clerk called the The Senator from New Jersey [Mr. LAU- tioned that Senator CONRAD had on his roll. TENBERG] proposes an amendment numbered list. It is an amendment that is very 2797. Mr. DASCHLE. I announce that the complicated, and I will work with Sen- Senator from North Carolina (Mr. ED- Mr. LAUTENBERG. Mr. President, I ator BYRD and also Senator COCHRAN WARDS), the Senator from South Da- ask unanimous consent that the read- who raised it, and Senator JUDD kota (Mr. JOHNSON), and the Senator ing of the amendment be dispensed GREGG, all who are involved in bio- from Massachusetts (Mr. KERRY) are shield and how it was scored. We will with. The PRESIDING OFFICER. Without necessarily absent. try to score it correctly, and we will objection, it is so ordered. I also announce that the Senator work with our colleagues in a manner The amendment is as follows: from Nevada (Mr. REID) is absent at- to do that. We are happy to accept that On page 25, strike lines 4 through 8. tending a funeral. amendment. The second amendment is Mr. LAUTENBERG. Mr. President, The PRESIDING OFFICER. Are there an amendment by Senator GRASSLEY. this amendment is designed to make any other Senators in the Chamber de- The PRESIDING OFFICER. The Sen- clear to the American people what it is siring to vote? ator from North Dakota. we do here tonight. It is far from cer- The result was announced—yeas 42, Mr. CONRAD. Mr. President, this is a tain all the Members of the Senate are nays 54, as follows: very complex scoring issue. It may totally familiar with everything that is [Rollcall Vote No. 57 Leg.] take some work after it leaves the enmeshed in the arcane language and Chamber tonight to get this right. We YEAS—42 complicated processes in this budget very much appreciate the fact that all Akaka Dodd Leahy resolution. Baucus Dorgan Levin the parties have worked together to Our amendment says as we see defi- Bayh Durbin Lieberman avoid a rollcall vote. cits hemorrhaging and the debt limit Biden Feingold Lincoln The PRESIDING OFFICER. Time is Bingaman Feinstein Mikulski yielded back. Without objection, the stretched to $7.4 trillion, we want to be Boxer Graham (FL) Murray amendments are agreed to, en bloc. certain it is known this budget bill car- Byrd Harkin Nelson (FL) ries hidden in its mystical language an Cantwell Hollings Pryor The amendments (Nos. 2847 and 2848) Carper Inouye Reed were agreed to. increase of $664 billion with instruction Clinton Jeffords Rockefeller The PRESIDING OFFICER. The Sen- to the Senate and the House to go up to Conrad Kennedy Sarbanes ator from Oklahoma. a total of $8 trillion on the debt limit; Corzine Kohl Schumer therefore, virtually automatically per- Daschle Landrieu Stabenow Mr. NICKLES. I want to thank our Dayton Lautenberg Wyden colleagues. We are making progress. I mitting more borrowing to take place NAYS—54 especially want to thank Senator EN- without review and direct approval. SIGN who just withdrew his amendment Can my colleagues imagine how the Alexander Collins Hagel American people will feel if tonight we Allard Cornyn Hatch on firewall. I am sure that will save us Allen Craig Hutchison a substantial amount of time. add $2,400 worth of debt to each and Bennett Crapo Inhofe On our side I believe we have amend- every one of them and give them in ex- Bond DeWine Kyl ments still pending. It would be the change an average of $200 in tax relief? Breaux Dole Lott Brownback Domenici Lugar Kyl amendment and, I am hopeful, Imagine, $2,400 worth of debt and $200 Bunning Ensign McCain final passage. worth of cash. It makes Shylock look Burns Enzi McConnell If Senator CONRAD would look at like an amateur. Campbell Fitzgerald Miller this, I believe we have both agreed to I urge my colleagues to support this Chafee Frist Murkowski Chambliss Graham (SC) Nelson (NE) clear an amendment of Senator SPEC- amendment so we can defer any at- Cochran Grassley Nickles TER and Senator HARKIN. tempt to increase our debt limit unless Coleman Gregg Roberts

VerDate jul 14 2003 23:55 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.084 S11PT2 S2676 CONGRESSIONAL RECORD — SENATE March 11, 2004 Santorum Snowe Talent On page 15, line 16, increase the amount by On page 9, line 8, increase the amount by Sessions Specter Thomas $660,000,000. $100,000,000. Shelby Stevens Voinovich On page 15, line 17, increase the amount by On page 9, line 9, increase the amount by Smith Sununu Warner $561,000,000. $100,000,000. NOT VOTING—4 On page 15, line 20, increase the amount by On page 9, line 12, increase the amount by Edwards Kerry $60,000,000. $100,000,000. Johnson Reid On page 15, line 21, increase the amount by On page 9, line 13, increase the amount by $150,000,000. $100,000,000. The amendment (No. 2797) was re- On page 15, line 24, increase the amount by On page 23, line 5, decrease the amount by jected. $60,000,000. $100,000,000. The PRESIDING OFFICER (Mr. On page 15, line 25, increase the amount by On page 23, line 6, decrease the amount by SUNUNU). The Senator from Oklahoma. $60,000,000. $100,000,000. Mr. NICKLES. Mr. President, for the On page 16, line 3, increase the amount by On page 23, line 9, decrease the amount by information of our colleagues, we are $60,000,000. $100,000,000. On page 23, line 10, decrease the amount by getting closer. On page 16, line 4, increase the amount by $60,000,000. $100,000,000. Mr. BOND. I hope not further away. On page 23, line 13, decrease the amount by Mr. NICKLES. A couple of more days On page 16, line 7, increase the amount by $60,000,000. $100,000,000. and we can finish this. On page 16, line 8, increase the amount by On page 23, line 14, decrease the amount by Mr. BOND. Right. $60,000,000. $100,000,000. AMENDMENTS NOS. 2850, 2697, AND 2715, EN BLOC On page 23, line 5, decrease the amount by On page 23, line 17, decrease the amount by $920,000,000. $100,000,000. Mr. NICKLES. Mr. President, we On page 23, line 18, decrease the amount by have three amendments that Senator On page 23, line 6, decrease the amount by $579,000,000. $100,000,000. CONRAD and I have agreed to. I send On page 23, line 21, decrease the amount by On page 23, line 9, decrease the amount by $100,000,000. them to the desk and ask for their im- $320,000,000. On page 23, line 22, decrease the amount by mediate consideration: An amendment On page 23, line 10, decrease the amount by $100,000,000. by Senator BROWNBACK and two amend- $376,000,000. Mr. DEWINE. Mr. President, I rise ments, one by Senator DEWINE and On page 23, line 13, decrease the amount by today to discuss an amendment I have Senator LEAHY and one by Senator $320,000,000. sponsored, along with Senator NELSON NELSON of Florida and Senator COLE- On page 23, line 14, decrease the amount by $320,000,000. of Florida and Senator COLEMAN of MAN. The PRESIDING OFFICER. The On page 23, line 17, decrease the amount by Minnesota, to increase the amount of $320,000,000. clerk will report. funding that we can provide to the peo- On page 23, line 18, decrease the amount by ple of Haiti. It is a commonsense The assistant journal clerk read as $320,000,000. follows: On page 23, line 21, decrease the amount by amendment, as it recognizes the re- The Senator from Oklahoma [Mr. NICKLES] $320,000,000. ality of the situation in Haiti right proposes amendments Nos. 2850, 2697, and On page 23, line 22, decrease the amount by now. It recognizes that we have a lot of 2715, en bloc. $320,000,000. work ahead of us in Haiti and that it is Mr. CONRAD. I ask unanimous con- On page 54, after line 22, insert the fol- going to require considerable resources lowing: sent that the reading of the amend- and a long-term commitment. And, it SEC. ll. SENSE OF THE SENATE REGARDING mirrors the suggested $150 million ments be dispensed with. TAX INCENTIVES FOR CERTAIN The PRESIDING OFFICER. Without RURAL COMMUNITIES. budget benchmark which was included objection, it is so ordered. It is the sense of the Senate that if tax re- in S. 2144, the Foreign Relations Au- The amendments are as follows: lief measures are passed in accordance with thorization Act, which was passed out AMENDMENT NO. 2850 the assumptions in this resolution in this of the Senate Foreign Relations Com- session of Congress, such legislation should (Purpose: To increase budget authority and mittee last week. include— outlays in Function 450 (Community and As many of my colleagues know, over (1) tax and other financial incentives, simi- Regional Development) and Function 500 the last 9 years since I have been in the lar to those included in the New Homestead (Education, Training, Employment, and Senate, I have traveled to Haiti 13 or 14 Act (S. 602), to help rural communities fight Social Security) to establish a New Home- the economic decimation caused by chronic different times. And, if I have learned stead Venture Capital Fund to make eq- out-migration by giving such communities anything in the course of those trips, it uity and near equity investments in start- the tools they need to attract individuals to is this: There is no other nation in our up and expanding businesses located in live and work, or to start and grow a busi- hemisphere like Haiti. high out-migration rural counties and to ness, in such rural areas, and repay up to 50 percent of college loans (up Haiti is different. Haiti is unique. No (2) revenue provisions which fully offset to $10,000) for recent graduates who live other nation in our hemisphere is as the cost of such tax and other financial in- and work in such counties for five years, impoverished. Today, at least 80 per- centives. respectively; and to express the sense of cent of all Haitians live in dire pov- the Senate that any revenue measure AMENDMENT NO. 2697 erty, with at least 75 to 85 percent un- passed by Congress in the future should in- (Purpose: To increase the new budget au- deremployed or unemployed. Per cap- clude tax incentives designed to address thority in the International Affairs func- ita annual income is less than $400. the devastating problem of chronic out-mi- tion by $330,000,000 for fiscal year 2005 to No other nation in our hemisphere gration from rural communities in Amer- provide adequate funding for the Child Sur- has a higher rate of HIV/AIDS. Today, ica’s Heartland and that those tax incen- vival and Health Program, with a cor- tives should be fully offset) responding offset in function 920) AIDS is the number one cause of all adult deaths in Haiti, killing at least On page 14, line 19, increase the amount by On page 8, line 21, strike ‘‘$30,140,000,000’’ $260,000,000. and insert ‘‘$30,470,000,000’’. 30,000 Haitians annually and orphaning On page 14, line 20, increase the amount by On page 23, line 5, strike ‘‘¥$100,000,000’’ 200,000 children. $18,000,000. and insert ‘‘¥$430,000,000’’. No other nation in our hemisphere On page 14, line 23, increase the amount by AMENDMENT 2715 has a higher infant mortality rate or a $260,000,000. lower life expectancy rate. On page 14, line 24, increase the amount by (Purpose: To increase funding to facilitate reconstruction in Haiti) And no other nation in our hemi- $226,000,000. sphere is as environmentally strapped. On page 15, line 2, increase the amount by On page 8, line 21, increase the amount by $260,000,000. $100,000,000. Haiti is an ecological disaster, with a On page 15, line 3, increase the amount by On page 8, line 22, increase the amount by 98-percent deforestation rate and ex- $260,000,000. $100,000,000. treme topsoil erosion. On page 15, line 6, increase the amount by On page 8, line 25, increase the amount by Despite its radical differences, Haiti $260,000,000. $100,000,000. remains in our backyard. It is intrinsi- On page 15, line 7, increase the amount by On page 9, line 1, increase the amount by cally linked to the United States—by $260,000,000. $100,000,000. On page 15, line 10, increase the amount by On page 9, line 4, increase the amount by history, geography, humanitarian con- $260,000,000. $100,000,000. cerns, the illicit drug trade, and the On page 15, line 11, increase the amount by On page 9, line 5, increase the amount by ever-present possibility of waves of in- $260,000,000. $100,000,000. coming refugees. Haiti’s problems are

VerDate jul 14 2003 23:55 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.086 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2677 our problems, and we are not going to patient, and I appreciate that. I wish to On page 3, line 10, increase the amount by be able to do anything about any of recognize our colleague from Min- $11,136,000,000. these problems unless Haiti, the United nesota. On page 3, line 11, increase the amount by States, and the international commu- The PRESIDING OFFICER. The Sen- $11,864,000,000. ator from Minnesota. On page 3, line 12, increase the amount by nity are willing to take several bold, $12,629,000,000. radical steps. AMENDMENT NO. 2786 On page 3, line 13, increase the amount by First, the international community Mr. DAYTON. Mr. President, this $13,415,000,000. must help Haiti restore a democrat- amendment has three parts. First, it On page 3, line 17, increase the amount by ically elected government—one free of increases the Federal funding for spe- $11,485,000,000. corruption and the influence and in- cial education to the 40-percent share On page 3, line 18, increase the amount by volvement of violent, human rights that was promised for the last 27 years. $11,136,000,000. This year the Federal funding for spe- On page 3, line 19, increase the amount by abusing thugs and killers. $11,864,000,000. Second, we must free Haiti of its $1.17 cial education is less than half of what On page 3, line 20, increase the amount by billion in foreign debt. was promised 27 years ago. In my State $12,629,000,000. Third, we must increase trade and of Minnesota, this broken promise for On page 3, line 21, increase the amount by create jobs. Along with Congressman special education means cuts in Fed- $13,415,000,000. CLAY SHAW, I have written a trade eral programs that occur across all On page 4, line 4, increase the amount by bill—the ‘‘Haiti Economic Recovery schools for all students, and it also $10,485,000,000. Opportunity Act,’’ S. 489. If enacted, means higher property taxes for the On page 4, line 5, increase the amount by $10,136,000,000. this legislation will help restore some citizens of my State. On page 4, line 6, increase the amount by of those jobs and create new ones. I can’t believe the other States in $10,864,000,000. Fourth, we must help Haiti develop a this Nation don’t encounter the same On page 4, line 7, increase the amount by self-sufficient system of agriculture. problems when the Federal Govern- $11,629,000,000. Fifth, we must help Haiti restore the ment doesn’t fund one of its two most On page 4, line 8, increase the amount by rule of law. The international commu- important commitments to education $12,415,000,000. nity needs to resume programs for at even half the level it has promised On page 4, line 12, increase the amount by mentoring magistrate and judges, and for over a quarter of a century. $210,000,000. The second amendment would reduce On page 4, line 13, increase the amount by the new Haitian Government needs to $7,123,000,000. create a functioning disciplinary body the Federal deficit by $1 million a year On page 4, line 14, increase the amount by to oversee the entire judiciary. for each of the next 5 years. To pay for $10,052,000,000. Sixth, we must help Haiti establish this, I would increase the top tax rate On page 4, line 15, increase the amount by an independent, professional national from 35 percent to 38.5 percent. The av- $10,653,000,000. police force—one capable of quelling erage income of Americans in that top On page 4, line 16, increase the amount by the violence of the armed thugs who tax bracket is over $1.1 million. Of $11,385,000,000. course, they don’t pay that top rate. On page 4, line 20, decrease the amount by threaten the streets of Haiti with aban- $11,275,000,000. don. Their income from dividends and from On page 4, line 21, decrease the amount by And finally, the international com- capital gains is now taxed at 15 per- $4,013,000,000. munity should immediately restore the cent. With the lower rates and other On page 4, line 22, decrease the amount by direct aid to the government that was loopholes, most of America’s multi- $1,812,000,000. suspended under Aristide, so Haiti can millionaires and billionaires pay lower On page 4, line 23, decrease the amount by rebuild much-needed institutions and tax rates than most middle-class work- $1,976,000,000. infrastructure for the delivery of food, ing Americans. On page 4, line 24, decrease the amount by $2,030,000,000. humanitarian aid, and health care. The question is, Whose needs are more important america’s school- On page 5, line 3, decrease the amount by In 1994, prior to Mr. Aristide’s rein- $11,275,000,000. statement of power—during a time of children who have the greatest needs On page 5, line 4, decrease the amount by military dictatorship, under Lieuten- or America’s superrich who have the $15,288,000,000. ant General Cedras—our assistance to greatest connections? On page 5, line 5, decrease the amount by Haiti was far greater than it is today. The answer is we have seen at least a $17,100,000,000. Back in 1994, we provided $69.5 million. dozen times tonight that the superrich On page 5, line 6, decrease the amount by In fact, our assistance to Haiti reached are the best connected people in Amer- $19,076,000,000. On page 5, line 7, decrease the amount by an all time high in 1995, when it spiked ica. All of these phantom family farm- ers and struggling small business own- $21,106,000,000. to $235.2 million. The following year, it On page 5, line 11, decrease the amount by drastically fell by over half to $104.9 ers of companies the size of Lockheed $11,275,000,000. million. Four years later, it fell even whose incomes exceed over $1.1 million On page 5, line 12, decrease the amount by more—down to $58.2 million. And a year, none of whom are located in $15,288,000,000. today, we are looking at a $54 million Minnesota, but they are out there On page 5, line 13, decrease the amount by budget. It simply isn’t enough. That is somewhere. $17,100,000,000. why our amendment is so important. I call up my amendment and will On page 5, line 14, decrease the amount by agree once it has been read to accept $19,076,000,000. Ultimately, the United States can’t On page 5, line 15, decrease the amount by ‘‘fix’’ Haiti, nor can the international the decision on a voice vote. The PRESIDING OFFICER. The $21,106,000,000. community. But we can improve the On page 15, line 16, increase the amount by situation, and we can help Haiti begin clerk will report. $10,485,000,000. The assistant journal clerk read as to help itself. But, it is going to take a On page 15, line 17, increase the amount by follows: serious, sustained commitment. Things $210,000,000. won’t change overnight, and we must The Senator from Minnesota [Mr. DAYTON] On page 15, line 20, increase the amount by proposes an amendment numbered 2786. remain committed to Haiti for as long $10,136,000,000. On page 15, line 21, increase the amount by as it takes for reforms to take root and Mr. DAYTON. Mr. President, I ask unanimous consent that reading of the $7,123,000,000. for a democratic system of government On page 15, line 24, increase the amount by to emerge. The first step in this proc- amendment be dispensed with. The PRESIDING OFFICER. Without $10,864,000,000. ess is providing a realistic level of On page 15, line 25, increase the amount by objection, it is so ordered. $10,052,000,000. funding for these efforts. The amendment is as follows: The PRESIDING OFFICER. Without On page 16, line 3, increase the amount by (Purpose: To provide full mandatory funding objection, the amendments are agreed $11,629,000,000. for the Individuals with Disabilities Edu- On page 16, line 4, increase the amount by to en bloc. cational Act (IDEA)} part B grants over $10,653,000,000. The amendments (Nos. 2850, 2697, and five years by reducing tax breaks for the On page 16, line 7, increase the amount by 2715) were agreed to en bloc. wealthiest taxpayers) $12,415,000,000. Mr. NICKLES. Mr. President, our col- On page 3, line 9, increase the amount by On page 16, line 8, increase the amount by league from Minnesota has been very $11,485,000,000. $11,385,000,000.

VerDate jul 14 2003 23:55 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.205 S11PT2 S2678 CONGRESSIONAL RECORD — SENATE March 11, 2004 At the end of Section 303, insert the fol- On page 3, line 12, increase the amount by Every time we talk about our econ- lowing: $52,000,000. omy and talk about our future, we in- SEC. 304. RESERVE FUND FOR THE INDIVIDUALS On page 3, line 17, increase the amount by herently come back to education and WITH DISABILITIES EDUCATION $1,332,000,000. higher education as a key. This budget ACT. On page 3, line 18, increase the amount by The Chairman of the Committee on the $4,560,000,000. does not fund these programs suffi- Budget of the Senate shall, in consultation On page 3, line 19, increase the amount by ciently. with the Members of the Committee on the $220,000,000. This proposal has been embraced and Budget and the Chairman and Ranking Mem- On page 3, line 20, increase the amount by supported by the Student Aid Alliance, ber of the appropriate committee, increase $52,000,000. a coalition of more than 60 organiza- the allocations pursuant to section 302(a) of On page 4, line 20, increase the amount by tions representing students, colleges, the Congressional Budget Act of 1974 to the $1,332,000,000. and universities. Committee on Health, Education, Labor, and On page 4, line 21, increase the amount by At a time when costs of colleges are Pensions of the Senate by up to $4,560,000,000. $10,485,000,000 in new budget authority and On page 4, line 22, increase the amount by going out of sight, when literally hun- $210,000,000 in outlays for fiscal year 2005, and $220,000,000. dreds of thousands of young people are $55,529,000,000 in new budget authority and On page 4, line 23, increase the amount by not able to go to school or must defer $39,423,000,000 in outlays for the total of fis- $52,000,000. their chances to go to school, we have cal years 2005 through 2009, for a bill, amend- On page 5, line 3, decrease the amount by to do more. I hope we can support the ment, or conference report that would pro- $1,332,000,000. amendment. vide increased funding for part B grants, On page 5, line 4, decrease the amount by At this point, let me say I will be other than section 619, under the Individuals $5,892,000,000. prepared to accept a voice vote at the with Disabilities Education Act (IDEA), with On page 5, line 5, decrease the amount by conclusion of the debate. I urge support the goal that funding for these grants, when $6,112,000,000. taken together with amounts provided by On page 5, line 6, decrease the amount by for this amendment. the Committee on Appropriations, provides $6,164,000,000. I also ask unanimous consent to add 40 percent of the national average per pupil On page 5, line 7, decrease the amount by Senator SARBANES as a cosponsor. expenditure for children with disabilities. $6,164,000,000. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there On page 5, line 11, decrease the amount by objection, it is so ordered. further debate on the amendment? $1,332,000,000. Mr. NICKLES. Mr. President, did the Mr. NICKLES. Mr. President, we On page 5, line 12, decrease the amount by Senator withdraw his amendment? voted on this amendment last year. I $5,892,000,000. Mr. REED. I will accept a voice vote. On page 5, line 13, decrease the amount by Mr. NICKLES. Mr. President, I thank thought our colleague was going to $6,112,000,000. withdraw it. The amendment will in- On page 5, line 14, decrease the amount by our colleague for his willingness to crease spending by $55.5 billion and in- $6,164,000,000. have a voice vote. I urge our colleagues crease taxes by $60.5 billion. I urge our On page 5, line 15, decrease the amount by to vote no on his amendment. colleagues to vote no on the amend- $6,164,000,000. The PRESIDING OFFICER. The ment. At the end of Title III, insert the following: question is on agreeing to the amend- The PRESIDING OFFICER. Is there SEC. . RESERVE FUND FOR COLLEGE AND STU- ment. further debate? If not, the question is DENT FINANCIAL AID PROGRAMS. The amendment (No. 2790) was re- on agreeing to the amendment. The Chairman of the Committee on the jected. The amendment (No. 2786) was re- Budget of the Senate shall revise the aggre- Mr. NICKLES. Mr. President, I thank gates, functional totals, allocations to the my colleague from Rhode Island for his jected. Committee on Appropriations of the Senate, Mr. NICKLES. Mr. President, first, discretionary spending limits, and other ap- cooperation. This is moving things let me compliment my colleague. I propriate levels and limits in this resolution along. We are making great progress. think we should handle the rest of our by up to $3,082,000,000 in budget authority for The Senator from Arizona has been votes by a voice vote. I thank our fiscal year 2005, and by the amount of out- waiting somewhat impatiently to call friend from Minnesota. lays flowing therefrom in 2005 and subse- up his amendment. I hope he will be AMENDMENT NO. 2790 quent years, for a bill, joint resolution, mo- recognized. Mr. REED. Mr. President, I send an tion, amendment, or conference report that The PRESIDING OFFICER. The Sen- provides additional fiscal year 2005 discre- ator from Arizona. amendment to the desk. tionary appropriations, in excess of levels The PRESIDING OFFICER. The provided in this resolution, for college and AMENDMENT NO. 2849 clerk will report. student financial aid programs in the De- Mr. KYL. Mr. President, I send an The assistant journal clerk read as partment of Education, including the Pell amendment to the desk. follows: Grant program, campus-based assistance, The PRESIDING OFFICER. The The Senator from Rhode Island [Mr. REED], Leveraging Educational Assistance Partner- clerk will report. for himself, Mr. KENNEDY, Mrs. CLINTON, Mrs. ship, TRIO, GEAR UP, and graduate level The assistant journal clerk read as MURRAY, Ms. MIKULSKI, Mr. BINGAMAN, Mr. programs. follows: DODD, Mr. SCHUMER, Mrs. LINCOLN, Mr. Mr. REED. Mr. President, I offer this The Senator from Arizona [Mr. KYL] pro- CORZINE, Mr. PRYOR, Mr. LEVIN, Mr. ROCKE- amendment together with Senators poses an amendment numbered 2849. FELLER, Mr. BIDEN, Mr. NELSON of Nebraska, KENNEDY, CLINTON, MURRAY, MIKULSKI, Mr. KOHL, Mr. AKAKA, and Mr. LAUTENBERG, (Purpose: To create a reserve fund to permit proposes an amendment numbered 2790. BINGAMAN, DODD, SCHUMER, LINCOLN, an increase in veterans’ medical care that CORZINE, PRYOR, LEVIN, ROCKEFELLER, is fully offset with an assessment on exces- Mr. REED. Mr. President, I ask unan- BIDEN and NELSON of Nebraska. And I sive lawyer fees paid under the tobacco set- imous consent that reading of the ask unanimous consent to add Sen- tlement) amendment be dispensed with. At the appropriate place, insert the fol- The PRESIDING OFFICER. Without ators KOHL, LAUTENBERG, and AKAKA as cosponsors. lowing: objection, it is so ordered. SEC. . RESERVE FUND FOR VETERANS’ MEDICAL The amendment is as follows: The PRESIDING OFFICER. Without objection, it is so ordered. CARE. (Purpose: To create a reserve fund to in- If the Committee on Finance or the Com- crease funding for college and student fi- Mr. REED. Mr. President, this mittee on Veterans’ Affairs of the Senate re- nancial aid programs, including the Pell amendment would create a $3.1 billion ports a bill or joint resolution, or an amend- Grant program, campus-based assistance, reserve fund to boost student financial ment thereto is offered or a conference re- Leveraging Educational Assistance Part- aid programs, programs such as the port thereon is submitted, that (1) provides nership, TRIO, GEAR UP, and graduate LEAP program, leveraging opportuni- an increase in veterans’ medical program level programs, and lower the national ties, a partnership with the Federal funding and (2) is fully offset by an assess- debt by closing tax loopholes) Government to provide resources for ment on lawyer fees paid under the tobacco On page 3, line 9, increase the amount by young people of modest means to go on settlement, the Chairman of the Committee $1,332,000,000. on the Budget of the Senate may revise the On page 3, line 10, increase the amount by to college, the work-study program, allocations of new budget authority, outlays, $4,560,000,000. the TRIO program, the GEAR UP pro- the revenue aggregates and other appro- On page 3, line 11, increase the amount by gram, and the graduate assistance pro- priate aggregates by not more than $1.7 bil- $220,000,000. gram. lion for the period fiscal year 2005 to 2009 to

VerDate jul 14 2003 23:55 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.102 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2679 reflect such legislation, provided that such Finally, to get the academic side of February 3, total overbill for meals legislation would not increase the deficit for it, quoting from Professor Lester rises to $36 million. fiscal year 2005 and for the period of fiscal Brickman, professor of law at Cardozo This keeps growing. February 16, the years 2005 through 2009. Law School and a noted authority on company agrees to withhold billing on The PRESIDING OFFICER. The Sen- legal ethics and attorneys’ fees: additional $140 million in food services. ator from Arizona. Mr. KYL. Mr. President, I appreciate Under the rules of legal ethics, promul- Now the numbers are really adding up the full reading of the amendment, but gated partly as a justification for the legal quickly. profession’s self-governance, fees cannot be March 10, Defense inspector general it probably is not clear from its read- ‘clearly excessive.’ Indeed, that standard has ing, so let me explain what the amend- asks Justice Department to begin the been superseded in most states by an even investigation of Halliburton. Halli- ment would do. more rigorous standard: Fees have to be ‘rea- This amendment restores at least $1.7 sonable.’ Are these fees, which in many cases burton has multiple contracts valued billion to the Federal Treasury to be amount to effective hourly rates of return of at up to $188 billion to support the used for veterans health care, paid for tens of thousands—and even hundreds of Army and repair oil fields in Iraq. And by blocking tobacco lawyers from ex- thousands—dollars an hour, reasonable? I the profits, I might add for my col- tracting obscenely excessive and un- think to ask the question is to answer it. leagues, they are generating obviously ethical attorney fees from the The choice before the Senate is we allow them to run some very fine tele- multistate tobacco settlement. The can either allow the tobacco settle- vision advertising. amendment caps future fee payments ment to continue to be diverted to pay I hope my colleagues have all had a from this agreement at $20,000 an hour. $100,000 an hour fees to billionaire law- chance to see the patriotism of Halli- In an 8-hour day that is more money yers or we can put the excess of those burton and its advertising, but we can- than, of course, our salary. fees to a proper use, serving a national not seem to find the patriotism when it The amendment does not apply to need, such as veterans health benefits, comes to their doing business with the any fees from any cases that have al- while still allowing the tobacco law- Government. They are overcharging ready been judicially reviewed and ap- yers to earn up to $20,000 an hour. taxpayers, we are being penalized, they proved by the court and would only The PRESIDING OFFICER. The Sen- are under investigation, and the Sen- apply prospectively, to fees paid in the ator from Illinois. ator from Arizona has come up with a future, out of the tobacco settlement Mr. DURBIN. Mr. President, the Sen- wonderful idea. We should tap into the taxes that have not yet been collected. ator from Arizona is on to an inter- excess profits and penalties of sole- The trial lawyers still will receive bil- esting concept and I will offer a second- source contractors in Iraq to help vet- lions of dollars under this amendment. degree amendment to expand a good erans health care. So far, they have received in the bil- idea. The amendment which I will offer I am sorry we turned down the lions of dollars. At $20,000 an hour, I will suggest we can also offset the ex- amendment of the Senator from South suggest this amendment would impose penses of veterans health care by prof- Dakota: $2.7 billion for veterans health perhaps a one yacht per lawyer per day its paid to and penalties paid by sole- care the other night was defeated. Of rule. source contractors doing business in course, I understand why the other side It is actually a serious proposition. Iraq. defeated it. We wanted to cut the tax I took a look at some of the compa- The people who are being ripped off break for the wealthiest Americans nies doing business in Iraq. It turns out here are, of course, the people who are from $140,000 a year to $112,000 a year. they are making not only outrageous supposed to benefit from the tobacco That was an outrageous idea rejected profits, but they are under investiga- settlement. But the fees in some of the by the Senate. We said the veterans tion by our Government. Sole-source cases amount to more than $100,000 an have to wait for another day. contractors, such as Halliburton and hour and ultimately involve little or The day has arrived. We are going Bechtel—and as you look at some of no original legal work. after the tobacco settlement. We are the figures, I would concede some of Do not take my word for it. These going to add Halliburton and Bechtel the figures relative to fees are stunning fees are indefensible and outrageous. into this. Frankly, we are going to find but, frankly, Halliburton puts them to Even some in the trial bar are in agree- excess profits and penalties that can shame. Halliburton’s Kellogg Brown & ment. Here is what noted plaintiffs’ make a difference. Root subsidiary is under mounting lawyers, including tobacco lawyers, The Members of the Senate may re- scrutiny since last fall over suspicions have had to say about the tobacco fee call not too long ago the Senator from that a fuel contract the company award. Michael Ciresi, a pioneer in the Vermont offered a very valuable signed in May overcharged United tobacco litigation who represented the States taxpayers by $61 million, up to amendment during the Omnibus Appro- State of Minnesota in its lawsuit, and the end of September and $20 million a priations bill on profiteering by con- who is no doubt familiar with these month since then. tractors in Iraq. If I am not mistaken, lawsuits, said the Texas, Florida, and This is rather lengthy. I will try to I believe it passed by a vote of 97–0 in Mississippi lawyers’ fees awards ‘‘are get it together quickly because there the Senate. far in excess of these lawyers’ contribu- are so many things Halliburton has If it is appropriate, I ask the Senator tion to any of the state results.’’ been involved in. Let me go through from Vermont, I don’t believe that Washington, DC lawyer tobacco in- the chronology of Halliburton and how amendment survived the conference dustry opponent John Coale has de- we believe they substantially over- committee on the Omnibus Appropria- nounced the fee awards as ‘‘beyond charged the taxpayers. Incidentally, tions bill. human comprehension,’’ stating that this is not a partisan observation. The Mr. LEAHY. If I could respond. ‘‘the work does not justify them.’’ Pentagon has turned Halliburton in to The PRESIDING OFFICER. Who Even the Association of American the SEC. Let me go through the chro- yields time? Trial Lawyers, the Nation’s premier nology. Mr. DURBIN. I am not yielding the representative of the plaintiffs’ bar, December 11, 2003, a Pentagon audit floor. has condemned attorneys’ fees re- finds substantial overcharging in $1.2 The PRESIDING OFFICER. The Sen- quested in these State tobacco settle- billion of Halliburton fuel sales in Iraq; ator only yields for a question. ments. Here is what the President of January 14, 2004, Pentagon audit asks Mr. DURBIN. If the Senator from ATLA noted: Defense inspector general to launch a Vermont would like to ask a question. Common sense suggests that a one billion formal investigation; The PRESIDING OFFICER. Time in dollar fee is excessive and unreasonable and January 22, Halliburton discloses two opposition is controlled by the minor- certainly should invite the scrutiny [of the workers took large kickbacks as part ity bill manager. The Senator can yield courts.] ATLA generally refrains from ex- of a $6.3 million overcharging scheme for a question. pressing an institutional opinion regarding a particular fee in a particular case, but we involving a Kuwaiti-based company; Mr. LEAHY. May I ask the Senator have a strong negative reaction to reports February 1, investigators find Halli- from Illinois a question? that at least one attorney on behalf of the burton overcharged more than 16 mil- Mr. DURBIN. I am happy to yield. plaintiffs in the Florida case is seeking a fee lion for meals at a United States base Mr. LEAHY. I ask the Senator from in excess of one billion dollars. in Kuwait; Illinois if he was aware of the fact the

VerDate jul 14 2003 23:55 Mar 12, 2004 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.108 S11PT2 S2680 CONGRESSIONAL RECORD — SENATE March 11, 2004 committee in conference, even though know how many scores of amendments Senator LANDRIEU’s amendment, and there was bipartisan support for the have been voted on by this body in the then we can vote on final passage. war profiteering amendment that was last 48 hours or so, most of which have The PRESIDING OFFICER. The Sen- based word for word on what we used been offered by Members on the Demo- ator from North Dakota. after World War II, after the Korean cratic side. We have not second-degreed Mr. CONRAD. Mr. President, this has war, I was told the leadership in the a single one of those amendments. I been 4 long days and 4 difficult days in House said they were under orders from have checked. which the two sides have worked to- the White House to remove the war Of course, it is possible to get a vote gether with a remarkable spirit of co- profiteering. on an amendment. Everybody around operation and good will. Did the Senator from Illinois know here knows that. At this late date, I I would call on my two colleagues— the White House came in and said what just wonder if my colleagues want to both Senator KYL, whom I like and re- was generally called the Halliburton go through the time and the process spect, and Senator DURBIN, about amendment had to be taken out of the that requires. I have no objection to whom I feel the same way—and ask committee of conference? my colleague having a vote on the pro- them both to allow those two votes to Mr. DURBIN. I was not aware of that. posal which he says he is going to pro- go away. They can come back on other And if I am not mistaken, I think the pound here as soon as I yield back my vehicles at a later point. Senator from Vermont modeled his time. But I also think he should permit Here we are, at 12:30, with an amend- amendment after a World War II me to have a vote on the amendment I ment that has a political agenda and amendment on profiteering. It is amaz- have laid down, as we have done for calls for a political response. I think it ing to me we struck the language on every one of the other amendments is not appropriate, at 12:25, after we profiteering in the omnibus bill, and here. Therefore, again, I would ask my have worked together for 4 days with now look what has happened with Hal- colleague, if he wishes to lay down an substantive disagreements which we liburton and other companies. They are amendment and have a vote on that have dealt with in an orderly and coop- being investigated. They are being amendment—and I certainly would not erative way. Can’t we just withhold on charged with gouging taxpayers. We do anything to get in the way of that this budget resolution and deal with are losing money. Frankly, I do not or object to it—that he permit a vote this issue on a later vehicle? think it is reasonable for taxpayers to on this as a freestanding amendment. The PRESIDING OFFICER. The Sen- have to pay this. The Senator from Ar- Because if that does not happen, then ator from Arizona. izona is on to a good idea. it is going to take us a very long time Mr. KYL. Mr. President, I would re- Let me give you a couple other exam- tonight. But we will still get a vote on spond to the ranking member of the ples he might be interested in. Accord- each of these amendments. Budget Committee, what he says is ab- ing to a recent NBC News report, an- The PRESIDING OFFICER. Who solutely true. Everything has been other politically connected Pentagon yields time? done, up until now, by comity. And I contractor, DynCorps, is hiring senior Mr. DURBIN addressed the Chair. complimented—I am not sure you people to train Iraqi police at a cost to The PRESIDING OFFICER. Who heard it, but to the Senator from North American taxpayers of some $400,000 a yields to the Senator from Illinois? Dakota, I complimented his handling year per trainer. Counting living ex- Mr. NICKLES addressed the Chair. of this issue as much as the chair- penses, tax liability, and reimburse- The PRESIDING OFFICER. The Sen- man’s. ments, it is worth about $50 million so ator from Oklahoma. As the chairman of the Budget Com- far. It turns out the contract only had Mr. NICKLES. Mr. President, we mittee will acknowledge, I had been one bidder. It is expected to generate have made great progress. waiting for a long time to offer my about $800 million in revenue to The PRESIDING OFFICER. Who amendment. He urged me to wait, to DynCorps over the next 2 years. yields time? The time on this amend- wait, to wait. Had I offered it earlier, Let me say, when the Senator from ment is controlled by the Senator from this issue would not even be before us. Arizona yields back his time, I will be Arizona and the minority manager. Many of the other amendments that offering a second-degree amendment. Mr. KYL. Mr. President, I would be were offered had political overtones. I We will have a chance to vote on Halli- happy to yield to my colleague, the think we all have to acknowledge that. burton before we get to the tobacco chairman of the Budget Committee. I will acknowledge mine does. I think settlement. The PRESIDING OFFICER. The Sen- you would have to acknowledge an The PRESIDING OFFICER. The Sen- ator from Oklahoma. awful lot of the amendments that have ator from Arizona. Mr. NICKLES. If the Senator would been offered here on which we had roll- Mr. KYL. Mr. President, I would re- yield for a question, I understand your call votes had political overtones. We spectfully ask my colleague from Illi- request is to have a vote on your all understand that. nois to withdraw his second-degree amendment and to have a vote on the I do not need to take any more time amendment. If he wishes to have a vote Durbin amendment back to back. Is on this. I simply put forth an amend- on the amendment—— that your request? ment that took me about 5 minutes to The PRESIDING OFFICER. There is Mr. KYL. Mr. President, if the Sen- discuss. I would like to get a vote on it. no pending second-degree amendment. ator from Illinois wishes to lay down I have no objection to the Senator from Mr. KYL. If the Senator does not an amendment, I have, as I said, no ob- Illinois offering his proposal and get- wish to lay down his second-degree jection to having a vote on his amend- ting a vote on that. We can probably amendment, then that is fine, because ment. get this done quickly instead of talking we have not had any second-degree Mr. NICKLES. If the Senator will about it, and just get it done. amendments yet. If it is not his inten- yield further, I want to thank my col- The PRESIDING OFFICER. Is there tion to lay it down, then we can pro- league from North Dakota because it further debate on the amendment? ceed to a vote on the amendment I has been very much because of his lead- Do the Senators yield back their have offered. ership—and I think we have helped as time? The PRESIDING OFFICER. Is there well—that we have not had a second- Mr. KYL. Mr. President, perhaps be- further debate? degree vote yet, and I do not think we fore I yield back the time, I would like The Senator from Illinois. should. We have done that because we to ask my colleague from Illinois if he Mr. DURBIN. Mr. President, when have worked together. would be willing to have two back-to- the Senator from Arizona yields back I wish for us to continue working to- back votes? his time, I will be offering the second- gether. I wish for us to have, if nec- The PRESIDING OFFICER. Without degree amendment. essary, a vote on the Kyl and Durbin objection, the Senator may yield for The PRESIDING OFFICER. The Sen- amendments, and a vote on—I believe that question. ator from Arizona. Senator KENNEDY has an amendment. I Mr. DURBIN. Mr. President, of Mr. KYL. Mr. President, let me would hope we could do that by voice, course I would yield to a question. I renew my request, with all due respect but it looks like we need a rollcall vote would say, I am not going to withdraw to my friend from Illinois. I do not on that. I think we may be able to take the second-degree amendment. I will

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.240 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2681 not ask for any further debate. We can colleagues, when we started this proc- Mr. CONRAD. Mr. President, I ask have up-or-down votes in the interest ess, we had 130 amendments. If we unanimous consent that reading of the of time. But I think because of the don’t dispose of these other four in the amendment be dispensed with. comity that has been displayed to this way the chairman has indicated, I will The PRESIDING OFFICER. Without point, perhaps if both amendments re- call each and every one of those objection, it is so ordered. treated and were saved for another day, amendments. The amendment is as follows: it would be in the best interest of the The PRESIDING OFFICER. The Sen- (Purpose: To provide a deficit neutral Senate. ator from Oklahoma. reserve fund for Postal Service reform) The PRESIDING OFFICER. The Sen- AMENDMENTS NOS. 2785 AND 2851, EN BLOC On page 28, between lines 7 and 8, insert the following: ator from Arizona. Mr. NICKLES. Mr. President, tem- SEC. 304. RESERVE FOR POSTAL SERVICE RE- AMENDMENT NO. 2849 WITHDRAWN pers are starting to rise. This is not FORM. Mr. KYL. Mr. President, I withdraw good for the cause. If the Committee on Governmental Affairs my amendment. We are very close to the finish line. of the Senate reports a bill or joint resolu- The PRESIDING OFFICER. The Sen- Senator CONRAD and I have been work- tion, or an amendment thereto is offered or ator has that right. ing together very closely. We have a conference report thereon is submitted, The amendment is withdrawn. agreed to a sense-of-the-Senate resolu- that reforms the United States Postal Serv- ice to improve its economic viability, the Mr. NICKLES. Mr. President, I sug- tion by Senator LUGAR and an amend- gest the absence of a quorum. Chairman of the Committee on the Budget ment by Senator SPECTER. I send those may revise committee allocations for the The PRESIDING OFFICER. The to the desk and ask for their imme- clerk will call the roll. Committee on Governmental Affairs and diate consideration. other appropriate budgetary aggregates and The legislative clerk proceeded to The PRESIDING OFFICER. The allocations of new budget authority and out- call the roll. clerk will report the amendments. lays by the amount provided by that meas- Mr. CONRAD. Mr. President, I ask The assistant journal clerk read as ure for that purpose, if that measure would unanimous consent that the order for follows: not increase the deficit for fiscal year 2005 the quorum call be rescinded. and for the period of fiscal years 2005 though The PRESIDING OFFICER. Without The Senator from Oklahoma [Mr. NICK- 2009. LES], for Mr. LUGAR, proposes an amendment objection, it is so ordered. numbered 2785. Ms. COLLINS. Mr. President, I rise Mr. CONRAD. Mr. President, this has The Senator from Oklahoma [Mr. NICK- today with my good friend, Senator been a remarkably good 4 days for the LES], for Mr. SPECTER, proposes an amend- CARPER, to offer an amendment that Senate. On a bipartisan basis, we have ment numbered 2851. will help the Governmental Affairs debated this budget resolution. Yes, The amendments are as follows: Committee—GAC, which I chair, report there have been differences. Yes, there AMENDMENT NO. 2785 out legislation reforming the United have been debates. But it has been at a (Purpose: To express the sense of the Senate States Postal Service. high level with a good tone. Can’t we concerning summer food pilot projects) The Postal Service is the linchpin of end it on that basis? If we cannot, a $900 billion industry that employs At the appropriate place, insert the fol- there are other alternatives open. I lowing: nine million Americans in fields as di- hope my colleagues are listening be- verse as direct mailing, printing, cata- SEC. ll. SENSE OF THE SENATE CONCERNING cause there are other alternatives SUMMER FOOD PILOT PROJECTS. log production, publishing, and paper open. The alternatives open are to offer It is the sense of the Senate that the levels manufacturing. The health of the Post- amendment after amendment after in this concurrent resolution assume that in al Service is essential to thousands of amendment after amendment, and we making appropriations and revenue decisions companies and the millions that they can be here all night and all day to- in Function 600 (Income Security), the Sen- employ. It is vital that we in Congress, morrow and all day Saturday and all ate supports the provision, to the Food and the Postal Service, its employees, and day Sunday and all day Monday, and Nutrition Service and other appropriate the mailing industry work together to agencies within the Department of Agri- we can just keep on voting. culture, of $15,000,000 for fiscal year 2005, and save and strengthen this institution on Either this is resolved in a respon- $127,000,000 for the period of fiscal years 2005 which so many Americans rely. sible and respectful way or I can assure through 2009, to enable those agencies to ex- What many people do not realize is my colleagues we have hundreds of pand the summer food pilot projects estab- that the Postal Service cannot survive amendments that are all prepared that lished under section 18(f) of the Richard B. without fundamental reform. Last we have just spent hours talking our Russell National School Lunch Act (42 U.S.C. month, Comptroller General David colleagues out of offering. 1769(f)) to all States of the United States and Walker wrote to me to urge com- I will say to my colleagues on this to all service institutions (including service prehensive—not incremental—reform side, dust off your amendments. Let’s institutions described in section 13(a)(7) of to ensure the USPS’ future viability. that Act). get ready to debate and discuss and In a letter to me, he stressed that vote for a long time, if we can’t have a AMENDMENT NO. 2851 ‘‘comprehensive postal reform is ur- reasonable ending to this predicament. (Purpose: Strike Section 404) gently needed’’ and noted that the The PRESIDING OFFICER. The Sen- Strike section 404(a). Postal Service’s current business ator from Oklahoma. The PRESIDING OFFICER. Is there model ‘‘is not well aligned with 21st Mr. NICKLES. Mr. President, I want objection to considering the amend- century realities.’’ If anything, David to make a request and see if my col- ments en bloc? Without objection, it is Walker is understating the point. leagues will abide by this. We have an so ordered. The Postal Service is faced with amendment offered by Senator KYL. Is there further debate on the amend- enormous debts. It owes $6.5 billion in We have an amendment offered by Sen- ments? If not, the question is on agree- debt to the U.S. Treasury and its long- ator DURBIN. We have an amendment ing to amendments Nos. 2785 and 2851, term liabilities include nearly $7 bil- pending in the wings by Senator KEN- en bloc. lion for Workers’ Compensation claims, NEDY, and we have an amendment The amendments (Nos. 2785 and No. $5 billion for retirement costs, and as pending in the wings by Senator 2851) were agreed to. much as $45 billion to cover retiree SANTORUM. I would ask all four of those AMENDMENT NO. 2852 health care costs. The fact is, if the amendments to disappear in the twi- Mr. NICKLES. Mr. President, I be- Postal Service no longer provided uni- light of this morning, that we have a lieve Senator COLLINS has an amend- versal service at affordable rates, no voice vote on Senator LANDRIEU’s ment. I send it to the desk and ask for private company could step in and fill amendment, and we vote on final pas- its immediate consideration. the void. The economies simply would sage. The PRESIDING OFFICER. The not work. The PRESIDING OFFICER. The Sen- clerk will report. That is why the Governmental Af- ator from North Dakota. The legislative clerk read as follows: fairs Committee has embarked on a de- Mr. CONRAD. Mr. President, let me The Senator from Oklahoma [Mr. NICK- liberative effort to produce and report indicate that it is not just those four LES], for Ms. COLLINS, proposes an amend- out legislation reforming the United amendments. Let me just advise my ment numbered 2852. States Postal Service. We have held six

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.243 S11PT2 S2682 CONGRESSIONAL RECORD — SENATE March 11, 2004 hearings to date, and we are not yet been able to resolve the question on an effort to try to get finished here finished. Once we have heard from all the floor with regard to the other with- very soon. interested parties and gathered and drawals? If that is the case, I will be It seems to me we ought to take one analyzed as much information as pos- prepared to withdraw the amendment. lesson from what has occurred here to- sible, Senator CARPER and I plan to in- The PRESIDING OFFICER. The Sen- night, which is that those of us who troduce reform legislation. This ator has that right. wish to bring amendments to the floor, amendment will help us move our bill Mr. NICKLES. Mr. President, we give to have them debated and voted on, toward enactment. extra points for colleagues who with- who I think have every right to have Our amendment sets up a deficit-neu- draw amendments after 12 o’clock. those amendments voted on, will have tral reserve fund to accommodate post- Three colleagues will make about 2 to in the future offer these amend- al reform. Under the terms of the minutes worth of remarks and then we ments at a different time in the proc- amendment, if the Governmental Af- can be voting on final passage. I be- ess. I hope my colleagues will recognize fairs Committee reports out a postal lieve Senator KENNEDY is first. that when we do that, it is for the pur- reform bill that is fully offset, then the The PRESIDING OFFICER. All re- pose of getting that vote. Budget Committee chairman can allo- maining general debate time is con- I think my colleagues would have to cate to GAC the direct spending au- trolled by the Senator from North Da- agree that the process followed here to- thority we would need to bring our bill kota. night was not fair and the only reason to the floor without it being subject to Mr. CONRAD. I yield 2 minutes to I have withdrawn the amendment I a budget act point of order. It is my in- the Senator from Massachusetts. proposed was so we can complete ac- tent to seek only offsets for our bill Mr. KENNEDY. Mr. President, I had tion. Rest assured that the proposal that enjoy a broad, bipartisan con- an important amendment dealing with will be back and my colleagues will sensus of our committee. Our amend- a Medicare proposal to follow the rec- have an opportunity to vote on it in ment would permit the bill to offset di- ommendation of the Medicare actu- the future. rect spending increases with parallel aries, which indicate that we are pay- Mr. NICKLES. Mr. President, I yield revenue increases—say, by closing abu- ing the HMOs and the PPOs $1,100 a to the Senator from Pennsylvania 2 sive tax loopholes—which is an avenue year more than is being paid to Medi- minutes. I plan to explore further. Of course, if care, which over a 10-year period is $42 The PRESIDING OFFICER. The time a suitable offset cannot be found, it billion. would be my intent to move forward My amendment would have used that is controlled by the minority manager. nonetheless. $42 billion to offset the expenses under Mr. CONRAD. Mr. President, in the I urge my colleagues to support this the current prescription drug program. interest of fostering this bipartisan important amendment. I understand now that there has been a feeling that has been so prevalent The PRESIDING OFFICER. Is there proposal offered by the leaders. I have throughout these 4 days, I will yield to further debate on the amendment? If the assurance from our leader he will the Senator from Pennsylvania for 2 not, the question is on agreeing to make the best effort to give us the op- minutes. amendment No. 2852. portunity to address this in a timely AMENDMENT NO. 2853 The amendment (No. 2852) was agreed way in the next legislation that comes Mr. SANTORUM. I thank the Senator to. through here. On that basis, I withdraw from North Dakota. Mr. NICKLES. Mr. President, the the amendment. Mr. President, I send my amendment Senator from Louisiana, Ms. LANDRIEU, Mr. NICKLES. Mr. President, I thank to the desk and ask for its immediate has an amendment at the desk. my colleague from Massachusetts for The PRESIDING OFFICER. The consideration. his generosity. The PRESIDING OFFICER. The amendment is pending. The PRESIDING OFFICER. Who Is there further debate on the amend- clerk will report. yields time? ment? The legislative clerk read as follows: Mr. NICKLES. Mr. President, I yield Mr. NICKLES. We have no objection The Senator from Pennsylvania [Mr. to the amendment. to the Senator from Arizona. Mr. KYL. Mr. President, it is my un- SANTORUM] proposes an amendment num- Mr. CONRAD. It is also cleared on bered 2853. this side. derstanding that as a result of the sug- (The amendment is printed in today’s The PRESIDING OFFICER. The gestion of the chairman of the Budget RECORD under ‘‘Text of Amendments.’’) question is on agreeing to the amend- Committee, the four pending matters ment. would not be voted on, which would in- Mr. SANTORUM. Mr. President, I The amendment (No. 2775) was agreed clude the proposal I offered, the pro- send this documentation in support of to. posal of the Senator from Illinois, and the amendment to the desk, and I ask Mr. NICKLES. Mr. President, Sen- the proposal of the Senator from Penn- unanimous consent that it be printed ator CORZINE has an amendment pend- sylvania, who will speak last, and as in the RECORD. ing. Senator KENNEDY mentioned, his as There being no objection, the mate- Mr. CORZINE. Mr. President, has the well. I want my colleagues to know rial was ordered to be printed in the chairman and the ranking member this is being done by the four of us in RECORD, as follows: CANDIDATE KERRY’S BUDGET PROPOSALS

Year 1 Year 2 Year 3 Year 4 Year 5 5-yr total

Tax Proposals: Repeal EGTRRA/JGTRAA provisions to raise taxes on folks AGI >200k ...... 26.3 44.5 46.4 51.0 55.2 223.4 Close loopholes/eliminate subsidies ...... 0.0 20.0 20.0 20.0 20.0 80.0 Extend other EGTRRA/JGTRRA provisions ...... ¥12.3 ¥20.2 ¥18.6 ¥14.6 ¥11.5 ¥77.2 Outlays from EGTRRA/JGTRRA provisions ...... 0.0 ¥4.8 ¥4.5 ¥4.5 ¥4.5 ¥18.3

Subtotal, tax proposals ...... 14.0 39.5 43.3 51.9 59.2 207.9

Spending Proposals: State tax relief—920 (disc) ...... ¥25.0 ¥25.0 0.0 0.0 0.0 ¥50.0 Health care—550 ...... ¥89.5 ¥89.5 ¥89.5 ¥89.5 ¥89.5 ¥447.5 Homeland—450 (disc) ...... 0.0 ¥5.0 ¥5.0 ¥5.0 ¥5.0 ¥20.0 Jobs programs—500 (disc) ...... 0.0 ¥10.0 ¥10.0 ¥10.0 ¥10.0 ¥40.0 No child left behind—500 (disc) ...... 0.0 ¥8.0 ¥8.0 ¥8.0 ¥8.0 ¥32.0 Special education—500 (disc) ...... 0.0 ¥12.0 ¥12.0 ¥12.0 ¥12.0 ¥48.0 College education—500 (disc) ...... 0.0 ¥3.5 ¥3.5 ¥3.5 ¥3.5 ¥14.0 Energy & environment—300 (disc) ...... 0.0 ¥3.5 ¥3.5 ¥3.5 ¥3.5 ¥14.0 Global AIDS—150 (disc) ...... ¥7.5 ¥7.5 ¥7.5 ¥7.5 0.0 ¥30.0 Veterans’ health—700 ...... ¥8.2 ¥8.2 ¥8.2 ¥8.2 ¥8.2 ¥41.0 Transportation—400 (disc) ...... 0.0 ¥7.0 ¥8.0 ¥8.0 ¥8.0 ¥31.0 Housing—600 (disc) ...... 0.0 ¥1.0 ¥1.0 ¥1.0 ¥1.0 ¥4.0

Subtotal, Kerry spending ...... ¥130.2 ¥180.2 ¥156.2 ¥156.2 ¥148.7 ¥771.5

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.105 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2683 CANDIDATE KERRY’S BUDGET PROPOSALS—Continued

Year 1 Year 2 Year 3 Year 4 Year 5 5-yr total

Add back—freeze to inflated baseline—920 ...... ¥13.4 ¥27.6 ¥45.1 ¥65.4 ¥87.3 ¥238.7 Subtotal, spending proposals for amendment ...... ¥143.6 ¥207.8 ¥201.3 ¥221.6 ¥236.0 ¥1010.2

Kerry, Deficit Impact w/o debt serv ...... 116.2 140.7 112.9 104.3 89.5 563.6

For amendment: Total 150 (disc) ...... ¥7.5 ¥7.5 ¥7.5 ¥7.5 0.0 ¥30.0 Total 300 (disc) ...... 0.0 ¥3.5 ¥3.5 ¥3.5 ¥3.5 ¥14.0 Total 400 (disc) ...... 0.0 ¥7.0 ¥8.0 ¥8.0 ¥8.0 ¥31.0 Total 450 (disc) ...... 0.0 ¥5.0 ¥5.0 ¥5.0 ¥5.0 ¥20.0 Total 500 (disc) ...... 0.0 ¥33.5 ¥33.5 ¥33.5 ¥33.5 ¥134.0 Total 550 ...... ¥89.5 ¥89.5 ¥89.5 ¥89.5 ¥89.5 ¥447.5 Total 600 (disc) ...... 0.0 ¥1.0 ¥1.0 ¥1.0 ¥1.0 ¥4.0 Total 700 ...... ¥8.2 ¥8.2 ¥8.2 ¥8.2 ¥8.2 ¥41.0 Total 920 (disc) ...... ¥38.4 ¥52.6 ¥45.1 ¥65.4 ¥87.3 ¥288.7 Subtotal, spending proposals ...... ¥143.6 ¥207.8 ¥201.3 ¥221.6 ¥236.0 ¥1010.2 Sources: Washington Post, Kerry’s Spending, Tax Plans Fall Short, February 29, 2004; Joint Committee on Taxation; National Taxpayers’ Union; JohnKerry.com; LA Times, May 25, 2003.

NUMBERS TO WRITE IN BUDGET RESOLUTION [Show all numbers as positive—use on-budget changes and totals only]

2005 2006 2007 2008 2009

(1)(A) Level of Federal Revenus: Write increase if positive/decrease if negative ...... 38,296.000 79,080.000 69,123.000 76,240.000 88,626.000 351,365 (1)(B) Change in Revenues: Write increase if positive/decrease if negative and add ‘‘reduction in revenues’’ ...... 38,296.000 79,080.000 69,123.000 76,240.000 88,626.000 ...... (2) New Budget Authority (function spending + interest): Write ‘‘increase’’ or ‘‘decrease’’ ...... 151,052.136 221,280.576 223,955.256 252,798.059 276,318.737 1,125,405 (3) Budget Outlays (function spending + interest): Write ‘‘increase’’ or decrease’’ ...... 145,439.136 215,107.576 216,217.256 244,706.059 267,907.737 1,089,378 (4) Deficits: To make deficit smaller, increase by positive number, To make deficit bigger, decrease by positive number ...... 107,143.136 136,027.576 147,094.256 168,466.059 179,281.737 738,013 (5) Public Debt: Write ‘‘increase’’ or decrease’’ but show as positive ...... 107,143.136 243,170.712 390,264.968 558,731.027 738,012.764 2,037,323 (6) Debt Held by the Public: Write ‘‘increase’’ or decrease’’ but show as positive ...... 107,143.136 243,170.712 390,264.968 558,731.027 738,012.764 ...... 103 Function BA and O: Write ‘‘increase’’ or decrease’’ but show as positive: Fct. 050 ...... BA 0.000 0.000 0.000 0.000 0.000 ...... O 0.000 0.000 0.000 0.000 0.000 ...... Fct. 150 ...... BA 7,500.000 7,500.000 7,500.000 7,500.000 0.000 O 7,500.000 7,500.000 7,500.000 7,500.000 0.000 ...... Fct. 250 ...... BA 0.000 0.000 0.000 0.000 0.000 ...... O 0.000 0.000 0.000 0.000 0.000 ...... Fct. 270 ...... BA 0.000 0.000 0.000 0.000 0.000 ...... O 0.000 0.000 0.000 0.000 0.000 ...... Fct. 300 ...... BA 0.000 3,500.000 3,500.000 3,500.000 3,500.000 ...... O 0.000 3,500.000 3,500.000 3,500.000 3,500.000 ...... Fct. 350 ...... BA 0.000 0.000 0.000 0.000 0.000 ...... O 0.000 0.000 0.000 0.000 0.000 ...... Fct. 370 ...... BA 0.000 0.000 0.000 0.000 0.000 ...... O 0.000 0.000 0.000 0.000 0.000 ...... Fct. 400 ...... BA 0.000 7,000.000 8,000.000 8,000.000 8,000.000 ...... O 0.000 7,000.000 8,000.000 8,000.000 8,000.000 ...... Fct. 450 ...... BA 0.000 5,000.000 5,000.000 5,000.000 5,000.000 ...... O 0.000 5,000.000 5,000.000 5,000.000 5,000.000 ...... Fct. 500 ...... BA 0.000 33,500.000 33,500.000 33,500.000 33,500.000 ...... O 0.000 33,500.000 33,500.000 33,500.000 33,500.000 ...... Fct. 550 ...... BA 89,500.000 89,500.000 89,500.000 89,500.000 89,500.000 ...... O 89,500.000 89,500.000 89,500.000 89,500.000 89,500.000 ...... Fct. 570 ...... BA 0.000 0.000 0.000 0.000 0.000 ...... O 0.000 0.000 0.000 0.000 0.000 ...... Fct. 600 ...... BA 0.000 1,000.000 1,000.000 1,000.000 1,000.000 ...... O 0.000 1,000.000 1,000.000 1,000.000 1,000.000 ...... Fct. 700 ...... BA 8,200.000 8,200.000 8,200.000 8,200.000 8,200.000 ...... O 8,200.000 8,200.000 8,200.000 8,200.000 8,200.000 ...... Fct. 750 ...... BA 0.000 0.000 0.000 0.000 0.000 ...... 0 0.000 0.000 0.000 0.000 0.000 ...... Fct. 800 ...... BA 0.000 0.000 0.000 0.000 0.000 ...... 0 0.000 0.000 0.000 0.000 0.000 ...... Fct. 900 ...... BA 1,884.136 7,298.576 14,926.256 23,145.059 31,897.737 ...... 0 1,884.136 7,298.576 14,926.256 23,145.059 31,897.737 ...... Fct. 920 ...... BA 43,968.000 58,782.000 52,829.000 73,453.000 95,721.000 ...... O 38,355.000 52,609.000 45,091.000 65,361.000 87,310.000 ...... Fct. 950 (Write increase or decrease reduction in receipts) ...... BA 0.000 0.000 0.000 0.000 0.000 ...... O 0.000 0.000 0.000 0.000 0.000 ......

Mr. SANTORUM. Mr. President, other words, the deficit would be $738 The PRESIDING OFFICER. The Sen- what I sent to the desk was a budget as billion more under the proposals put ator has that right. The amendment is proposed by Senator KERRY. This is a forth by Senator KERRY. When asked withdrawn. combination of the documentation about that, his campaign said they Mr. CONRAD. Mr. President, I have from the L.A. Times, Washington Post, have more refinements to do. the Bush budget and I could send that and other sources, of the proposals he to the desk. I am the only one who has has made with respect to this year’s The bottom line is what we have pro- time remaining here tonight. I would budget. posed is a responsible budget to cut the say to my colleagues, I have 300 charts, For the information of Members, the deficit in half over the next 3 years, and I would be willing to go through all proposal reflects 129 different line and what the Senator from Massachu- of them tonight, talking about the de- items in the budget, of which 124 are setts is offering around the country is ficiencies of the Bush budget. increases and 5 are decreases. As a re- a budget that would increase the def- Let’s just start with the debt that is sult of the proposals put forth by Sen- icit by $738 billion, increase taxes on being added and put on the American people by the Bush budget: $3 trillion ator KERRY, taxes would be raised on the American people by $350 billion, the American people $351 billion over of additional debt in just the next 5 and increase spending in Washington, the next 5 years. years when we already have record Mrs. BOXER. Will the Senator yield DC, by almost $1.1 trillion. budget deficits—the biggest budget def- for a question? AMENDMENT NO. 2853, WITHDRAWN icit in the history of the country. The The PRESIDING OFFICER. The Sen- President is asking us to take $2.4 tril- ator does not control the time. I would love to have had a vote on lion from Social Security—every penny Mr. SANTORUM. If I may continue, the amendment. But in the spirit of of Social Security surplus—over the Mr. President. The Government would comity that we have here at quarter of next 10 years and use it to pay for in- spend $1.89 trillion more over the next 1 in the morning, I will withdraw my come tax cuts primarily directed to the 5 years and borrow $738 billion more. In amendment. wealthiest among us.

VerDate jul 14 2003 00:15 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.276 S11PT2 S2684 CONGRESSIONAL RECORD — SENATE March 11, 2004 We could go on and on and on about Nelson, and his entire team, as well as Mr. HOLLINGS. Mr. President, I the deficiencies of this budget: a 94-per- Hazen Marshall, Stacey Hughes, and thank the ranking member of the cent cut in the COPS Program; a 60- my entire team. They worked endless Budget Committee. His hard work in percent cut in port security at a time hours. highlighting shortcomings in the Presi- when our security is at risk; a 33-per- I urge adoption of the resolution. I dent’s budget is truly commendable. As cent cut to firefighters. ask for the yeas and nays. my friend from North Dakota states, I We could have an extended and The PRESIDING OFFICER. Is there a feel it is important to recognize the lengthy discussion about the defi- sufficient second? need for adequate funding for Amtrak. There appears to be a sufficient sec- ciencies of the Bush budget. We could Earlier this year, the Senate passed S. go through the entire history of this ond. The yeas and nays were ordered. 1072, the Safe, Accountable, Flexible, President, who told us 3 years ago that and Efficient Transportation Equity we could have massive tax cuts and we MENTAL HEALTH PARITY Act of 2004, SAFE-TEA, which reau- would still have no budget deficits. He Mr. DOMENICI. Mr. President, I thorized many Federal surface trans- told us at the time he would com- want to begin by complimenting my portation programs. As part of that re- pletely protect Social Security, not friend from Oklahoma and the Chair- taking it to use for other purposes, and man of the Senate Budget Committee authorization package, we authorized now he takes $2.4 trillion, violating on a job well done. He has skillfully $2 billion per year for Amtrak for 6 that pledge. navigated a difficult course to produce years. The Senate recognized that We could go to his statement in the the Budget Resolution before us today. funding for Amtrak is a priority. Rail next year in which he promised us that Congratulations. travel provides passengers an alter- the deficits would be small and short- I also want to tell him that even native to air travel and driving, and term. Instead, now we see the biggest though he has served as the Chairman the benefits are numerous. Ridership deficits in the history of our country. of the Senate Budget Committee for on Amtrak trains totaled over 24 mil- Then we could go to the third year, only two short years, he has set a very lion last year. I am certain we will not when the President told us the deficits high bar for future Chairmen to meet. allow funding for this important serv- would be small by historical standards. I would like to raise the issue of men- ice to fall below adequate levels re- Instead of being small, they are the tal health parity as the Senate debates quested by Amtrak President and CEO biggest deficits in the history of the the FY 2005 Senate Budget Resolution. David Gunn, who has made such great United States. It is my understanding the Resolu- progress recently. It is important that Now he has told us the deficit will be tion before us assumes the revenue im- we maintain the critical momentum he pact of enacting a mental health parity cut in half if only we adopt his budget. has established. Let me say to my colleagues, the only law at a cost of $2.3 billion over five way he gets that is he leaves out big years. However, I want to make sure Mr. LAUTENBERG. Mr. President, chunks of Federal expenditures. that this is indeed the case because the my good friend from South Carolina, First, he says there is no cost for the assumption I just mentioned is not spe- the ranking member of the Senate war past September 30. None. Does cifically referenced in S. Con. Res. 95. Committee on Commerce, Science, and anybody believe that? There is no cost Rather, the overall revenue number is Transportation, has been a tireless and for Iraq, there is no cost for Afghani- such that it assumes Congress will pass influential advocate for passenger rail, stan, there is no additional cost for the mental health parity legislation. and his leadership is unparalleled on war on terror? Mr. NICKLES. I understand the con- this issue. Although my friend Senator The Congressional Budget Office says cern of the distinguished senior Sen- CONRAD, the ranking member on the there is $280 billion of residual costs. ator from New Mexico regarding men- Senate Budget Committee, has pointed Not one penny of it is in the Presi- tal health parity legislation and I out that this budget does not explicitly dent’s budget. would concur with my colleague’s as- provide for adequate funding for Am- I could go on and on about the defi- sessment. S. Con. Res. 95 does assume trak, I am hopeful that Senator HOL- ciencies of this budget. I will not send the revenue impact of enacting mental LINGS’ efforts will lead to a long-term the Bush budget to the desk. I will not health parity legislation. funding source for the railroad so that Mr. DOMENICI. I thank the distin- ask for a vote. In the interest of the it may finally take advantage of effi- guished Chairman for his consideration good tone that has been set, and out of cient, multi-year planning and realize friendship and respect for the chairman and explanation of this important mat- ter. additional efficiencies on its system. who has conducted himself in a most The attacks on 9/11 taught us a valu- honorable and decent way, I ask that AMTRAK FUNDING Mr. CONRAD. Mr. President, I am able lesson concerning transportation we go to final passage. options, and we need to heed that les- I also yield, again in the spirit of bi- aware that some of my colleagues are son so we do not find ourselves in a sit- partisanship, 3 minutes to the chair- concerned about budgeting sufficient man of the Budget Committee. funding for Amtrak. I would like to uation again where options for trav- The PRESIDING OFFICER. The Sen- point out that this budget does not spe- elers are severely limited and our econ- ator from Oklahoma. cifically provide sufficient funding for omy suffers because of it. Mr. NICKLES. Mr. President, I thank the continuing operations of Amtrak, Last year, the Congress appropriated all of our colleagues. I knew that we our Nation’s intercity passenger rail $1.2 billion for Amtrak—the highest were attempting a lot to try to finish carrier. The President’s budget this amount ever. Also last year, Amtrak this tonight. I knew we would have a year proposes $900 million for Amtrak, carried over 24 million passengers— lot of votes and, I say to Senator BYRD, an amount generally and widely con- their highest amount ever. I am quite I knew it would not be easy. I thank sidered to be insufficient to safely op- certain this is no coincidence. It is also Senator BYRD for his help. I thank all erate the railroad; it would likely have no coincidence that this record was colleagues for their patience. With a to be shut down. Amtrak officials have achieved during the first full year little exception in the last hour, this stated that $1.798 billion would suffi- under the leadership of Mr. Gunn. He is has been managed quite well. ciently fund their operations and cap- doing a remarkable job of improving I thank my friend and colleague, Sen- ital needs in fiscal year 2005. This the reliability of the railroad, and his ator CONRAD, for his work. We have amount would help Amtrak return to a success is a success shared by our Na- handled I don’t know how many good state-of-repair, and let them pro- tion as a whole. amendments. I think we voted on 15, 16 vide safe, reliable service. Commerce, amendments today. We had a lot of co- Science, and Transportation Com- In the meantime, given the funding operation. We got a lot of good work mittee Ranking Member HOLLINGS has levels we are finally providing to Am- accomplished. We have a budget which shown great leadership as a supporter trak, I am pleased that my colleagues we are ready to pass that will cut the of passenger rail service in our coun- are seeing that we can no longer nick- deficit in half in 3 years. try, and I want him and others to know el-and-dime our national passenger I thank our colleagues. I thank Sen- that we are not endorsing the Presi- railroad. I hope that we can do the ator CONRAD’s staff; Mary Naylor, Sue dent’s budget request for Amtrak. right thing to continue to ensure that

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.248 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2685 Amtrak is given the resources it needs other programs in the Energy and able resource just needs reasonable to continue on its path to a state-of- water bill such as the Corps, DOE civil- funding. The problems over the past good-repair. ian science, and DOE labs. four years have all been created by un- YUCCA MOUNTAIN Mr. NICKLES. I thank Senate reasonable budgets, propped up by Mr. DOMENICI. Mr. President, I rise DOMENICI for his statement. This is a funding schemes that never materialize today to speak about an issue that has tough issue, and I want him to know and create unnecessary instability in come up during this year’s budget de- that I understand the dilemma he is the delivery of capital for small busi- bate regarding the nuclear waste dis- facing. I appreciate his willingness to nesses. posal fund and Yucca Mountain. I am work with me on this, and I give him Today we are trying to address the glad to see that my friends, Majority my commitment to support a level of needs of small businesses next year, fis- Leader FRIST and Chairman NICKLES, discretionary funding in the budget cal year 2005, to prevent the same fund- are on the floor to discuss this issue resolution conference report and ing crises that we have experienced in with me. throughout the rest of the year that the SBA small business loans year Let me start by explaining that the will provide the resources necessary for after year. If the President’s fiscal year President requests $880 million this his committee to fund Yucca Mountain 2005 Budget for the SBA is adopted, year in his budget for the nuclear without having to take resources from there will be zero funding for the SBA’s waste repository at Yucca Mountain. the other programs in the Energy and largest loan program, which provides Of that amount, $131 million is pro- water bill if the President’s law change about 40 percent of all long-term cap- vided in discretionary appropriations is not enacted. ital to small businesses in this coun- under the proposed discretionary cap in Mr. FRIST. I thank Senator DOMEN- try; termination of all micro-entre- the same manner as last year. How- ICI and Senator NICKLES for working so preneur loans and complementary busi- ever, $749 million of this amount is hard to resolve this issue. I understand ness training; termination of ten of 20 funded by a new proposal that will re- the difficult position that Senator small business counseling and develop- quire a change in law. This change in DOMENICI finds himself in this year ment programs, including assistance to law would take receipts that now go to with regard to Yucca Mountain. I want Native Americans and Women’s Busi- the nuclear waste disposal fund and use him to know that he has my support in ness Centers. them to pay for activities at Yucca getting the necessary resources for For the SBA’s counseling and busi- Mountain. Let me be clear, that with- Yucca Mountain in the Energy and ness development programs, this is the out this law change, the President’s water appropriations bill without hav- most damaging budget the President budget only provides $131 million for ing to take funding from other pro- has proposed in four years. Cuts to or Yucca Mountain under the proposed grams in the bill if the President’s pro- inadequate funding of these programs discretionary cap. posed law change is not enacted. are routinely attributed to vague and Now let me turn to the Senate budg- (At the request of Mr. DASCHLE, the unfounded claims of duplication. Such et resolution. This year’s resolution as- following statement was ordered to be claims mistake a common mission of sumes discretionary appropriations of printed in the RECORD.) training and counseling for duplica- $577 million for Yucca Mountain in ∑ Mr. KERRY. Mr. President, I join Mr. tion, ignoring the reality that small 2005, which is same level that was en- BINGAMAN in offering an amendment to businesses vary greatly and have dif- acted in 2004. It should also be noted the fiscal year 2005 budget resolution ferent needs. Just as it would be inef- that the resolution does not assume that helps small businesses by restor- fective to have only one type of loan or the change in law with respect to the ing, and in some cases reasonably in- venture capital financing structure for nuclear waste disposal fund receipts. I creasing above fiscal year 2004 appro- 23 million small businesses in this ask Chairman, NICKLES, I am won- priated levels, funding cuts proposed by country, it would be ineffective to dering if the Senator could confirm President Bush for the Small Business water down specialized management that I am correct in my description of Administration. and training programs to impose coun- the budget resolution. The President’s budget requests 15 seling and training assistance, most Mr. NICKLES. Yes, Senator DOMENICI percent less in funding for the SBA are grant programs that have cost- is correct in his statement. than requested last year, while prom- sharing components with state and Mr. DOMENICI. I thank Chairman ising more assistance in lending and local entities, such as matching grants, NICKLES. I want to explain why there is counseling. For example, the budget re- so they leverage more for the small a problem. It appears that in the budg- quest claims to save taxpayers $100 businesses than the face value of the et resolution and probably throughout million by cutting all funding for the Federal grant. the rest of the year, we will live within SBA’s largest small business lending Without funding, budget gimmicks the President’s proposed discretionary program, while at the same time will force borrowers to face higher fees cap. But within the President’s pro- claiming to increasing access to loans or lack of access to affordable capital; posed cap level, only $131 million is as- by 30 percent. Sound familiar? It high interest credit card loans; higher sumed for Yucca Mountain if the law should. The President proposed elimi- bankruptcies because they go into change is not enacted. However, the ad- nating all funding for these small busi- business with inordinately high debt or ministration and many in Congress ness loans his first year in office, that can’t get counseling to survive the still expect that we will provide fund- time shifting the more than $100 mil- rough times. At worst, because the ing for Yucca Mountain above $131 mil- lion in funding to borrowers and lend- most damaging budget gimmick at- lion in the Energy and water develop- ers by increasing fees, fees that the tacks the small businesses’ source of ment appropriations bill. Under this General Accounting Office exposed as more than 40 percent of long-term scenario, the Energy and water bill excessive for 8 years. The administra- loans, it is very possible that, together finds itself in the hole by at least $303 tion wanted to overcharge them even with the overall cuts, the Agency million, which is the difference be- more. We in Congress rejected it. This would be little more than an insurance tween what is assumed in the Senate time the President has proposed paying agency for cookie-cutter loans made by budget resolution and what the Presi- for it through accounting and program a handful of large banks in only a frac- dent has requested for Yucca Moun- gimmicks that are unworkable and the tion of the states and areas now served, tain, and by as much as $749 million if small business community and small or closing its doors within a couple of the allocation to my subcommittee business lenders have rejected. years. were only to include the President’s re- We are all in favor of more efficient This amendment also takes a step in quested amount of $131 million. and cost-effective government, but the the right direction for restoring fund- In order to support this budget reso- SBA’s 7(a) loan program does not need ing to the New Markets Venture Cap- lution, I need to have confidence that I fixing. It already is structured to pro- ital initiative that was rescinded in the will have the resources available to the vide long-term loans to small business fiscal year 2003 Omnibus Appropria- Energy and water appropriations bill at a cost of about 1 percent. That is tions bill: $10.5 million for guaranteed to provide funding for Yucca Mountain one Federal dollar generating $99, an debentures, and $13.75 million in grants without having to take funds out of excellent bang for the buck! This valu- for NMVC technical assistance. That

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.206 S11PT2 S2686 CONGRESSIONAL RECORD — SENATE March 11, 2004 money was reserved for a second round ator KOHL and I introduced to restore portunities to engage in criminal be- of funding, and our Committee had an juvenile justice funding to the Depart- havior. agreement with the SBA that it would ment of Justice. The proposed amend- The authorization strengthened the offer that round in the fall of 2002. ment would increase the administra- act, and authorized it at $350 million However, as companies spent signifi- tion of justice function by $122 million each year. cant money and time to begin pre- and offset the allowances function of Despite Congressional authorization, paring proposals, SBA broke the agree- the budget. the President has requested drastically ment and did not issue a solicitation The prevalence of justice crime con- reduced levels for juvenile justice for for the second round of funding. Be- tinues to be among the greatest crimi- the past 3 years. Overall funding has cause the $24.25 million reserved for a nal justice challenges faced by our na- been cut by almost two-thirds. Accord- second round of funding was not obli- tion, and a major concern to every par- ing to the President’s budget request gated, it was available to be rescinded ent. In 2002, juveniles accounted for 16.5 for Fiscal Year 2005, juvenile justice and it was rescinded as part of the fis- percent of all criminal arrests in the programs are to receive $150 million cal year 2003 appropriations process. United States. Persons under 18 com- less than the congressionally-author- New markets venture capital is impor- mitted 10 percent of all murders, over ized amount. The Kohl-Hatch amend- tant for developing public-private part- 17 percent of all rapes, nearly 24 per- ment would restore juvenile justice nerships to invest in areas with high cent of all robberies, and 50 percent of funding to the same level it was in Fis- unemployment where the private sec- all arsons. Additionally, in 2002, 101 ju- cal Year 2004—$320 million which is tor rarely invests. This amendment veniles under 15 were arrested for mur- still under the authorized amount. helps restore some of the critically der. Juveniles under 15 were respon- I urge my colleagues to support this needed New Markets Venture Capital sible for six percent of all rapes, 11 per- much needed amendment to the Budget funds. cent of all burglaries, and one-third of Resolution. We must put stock in our The amendment I am offering with all arsons. And, unbelievably, juveniles children and help them stay away from Mr. BINGAMAN takes a reasonable ap- under 15—who are not old enough to le- a life of crime. proach. In general, the $171 million gally drive in any state—in 2002 were AMENDMENT NO. 2771 paid for in this amendment restores responsible for 8 percent of all auto Mr. HATCH. Mr. President, I discuss funding to programs that are critical thefts. Senate Amendment 2771, an amend- to small business development and job To put this in some context, consider ment I propose to the budget resolu- creation in our towns and cities. this: in 2002, youngsters age 15 to 18, tion. This amendment seeks to restore The $171 million results from: Adding $101m to the 7(a) Loan Pro- who are only seven percent of the popu- $600 million to the Department of Jus- gram (zero-funded). lation, committed 16.5 percent of all tice’s Office of Justice Programs for Adding $3m to the Microloan Pro- crimes. Even with recent modest reduc- law enforcement assistance. gram (terminated). tions in the juvenile crime rate, I be- The Office of Justice Assistance pro- Adding $25m to the Microloan Tech- lieve that there is strong potential for vides grants to the states and localities nical Assistance Program (terminated). significant increases in juvenile crime to aid law enforcement officers in the Adding $8m to the Program for In- above already too-high rates as the fight against crime. In addition to the vestment in Microentrepreneurs children of the baby boom generation COPS Office grants, the Office of Jus- (PRIME) (terminated). are coming into the prime age for tice Programs offers states the Byrne Adding $2m to Native American Out- criminal activity. Grant program and the Local Law En- reach Program (terminated). The national juvenile crime problem forcement Block Grant, LLEBG Pro- Adding $3.5m to Export Assistance required a change in the Federal ap- gram, both of which have dramatically Centers Program (terminated). proach, which the Congress addressed increased the capabilities and effec- Adding $3m to the Small Business In- in the 107th Congress. As one of the pri- tiveness of state and local law enforce- novation Research (SBIR) FAST Pro- mary authors of the reauthorization of ment agencies. gram (terminated). the Juvenile Justice and Delinquency Despite this tremendous help to our Adding $1m to the Small Business In- Prevention Act of 1974 which passed states, the President has not requested novation Research (SBIR) Rural Out- last Congress, I focused this act works any money specifically for the Byrne reach Program (terminated). on reducing juvenile delinquency while Grant program or the Local Law En- Adding $2m to the New Markets Ven- adequately addressing the needs of ju- forcement Block Grant, LLEBG pro- ture Capital Program (zero-funded) venile offenders. Moreover, those re- gram in the Fiscal Year 2005 budget re- Adding $3m to the New Markets forms made federal policy on juvenile quest. As he has done for the past 2 Technical Assistance Grants Program crime consistent with the realities of years, the President proposes, and the (zero-funded). budget resolution recommends, to con- Adding $1.5m to the Women’s Busi- the problem. As part of the reauthorization, we re- solidate these grant programs into one ness Centers Program (increases fund- structured juvenile justice assistance Justice Assistance Grant Program. ing to $13.5m). Adding $17m to the Small Business programs, including the Juvenile Ac- However, in the process of consolida- Development Centers (increases fund- countability Incentive Block Grant, tion, the new proposal seeks to elimi- ing to $105m). JABG, Program. The reauthorization nate a number of components of these Adding $500k to the 7(j)/8(a) Programs reformed the federal role in the na- grant programs. In addition, the budg- (increases funding to $2m). tion’s juvenile justice system by pro- et proposes to reduce funding for Adding $250k to the Veterans’ Out- viding relief from burdensome federal COPS, thus reducing overall law en- reach Program (increases funding to mandates and authorizing block grant forcement assistance funding by 63 per- $1m). assistance to states and local govern- cent, or just over $1.035 billion. Adding $250k to Small Disadvantaged ments, which includes accountability- The Byrne Grant program funds a Business Program (increases funding to based juvenile justice programs. These number of successful crime reduction $1.75m) grants have been successful in reducing programs and is the Department of Americans need jobs. And many who the recidivism rate of juveniles by up Justice’s most flexible assistance ac- have them are scared of losing them. to 70%. count. Without these funds, many Adequately funding public-private Another major component of juvenile states would not be able to focus their partnerships of the SBA is one of the assistance, delinquency prevention, resources at or operate specific pro- fastest ways to fuel the economy, cre- was also strengthened in the reauthor- grams. For example, in my own state ating businesses, creating jobs, and im- ization. Delinquency prevention fund- of Utah, Byrne Grants provide the ma- proving the innovation of this country. ing supports valuable mentoring pro- jority of funding for multijuris- I ask my colleagues to vote for this grams, after school programs, therapy dictional drug task forces and DARE amendment.∑ and other services for troubled chil- training. I am concerned that without AMENDMENT NO. 2759 dren. These programs offer education these task forces, Utah’s ability to Mr. HATCH. Mr. President, I speak and community activities to deter chil- wage the war against drugs would be on Senate amendment 2759, which Sen- dren from drugs, gangs, and other op- seriously diminished.

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.250 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2687 Byrne Grants assist many states in state and local law enforcement for a AMENDMENT NO. 2783 controlling and preventing drug abuse, wide variety of programs and services. Mr. GRASSLEY. Mr. President, the crime, and violence, and in improving Eliminating these programs represents Boxer amendment purports to deal the functioning of the criminal justice a severe blow to federal efforts to as- with the loss of manufacturing jobs system. Currently, Byrne Grants have sist our communities in the war and the outsourcing problem. If some 29 specific purpose areas to combat against crime. on the other side want to do something drugs, gangs, financial and white collar I urge my colleagues to support this about manufacturing jobs, they should crimes, and to improve the court sys- amendment. stop obstructing the FSC/ETI bill with poison pill political amendments. When tem, the correctional facilities, and fo- AMENDMENT NO. 2793 we come back after next week, I’d ask rensic capabilities. The proposed Jus- Mr. HATCH. Mr. President, I rise to tice Assistance Grant would only have those on the other side to put results discuss Senator DORGAN’s amendment ahead of politics and let us finish the six purpose areas. Many functions cov- to S. Con. Res. 95, the budget resolu- ered under the Byrne grants would no bipartisan JOBS bill. tion. Although I am highly supportive This amendment, on the other hand, longer be eligible for much needed of increased funding for law enforce- funds. just suggests that the Finance Com- ment assistance, I cannot support this mittee repeal the tax policy of deferral The Local Law Enforcement Block amendment. This amendment proposes Grant program has also been successful and raise taxes on small manufactur- to reduce unnecessarily the tax cut in ers. The tax policy of deferral insures by offering state and local law enforce- order to achieve the important goal of that American companies like Intel ment agencies the ability to hire offi- enhancing law enforcement efforts. and Hewlett-Packard, compete on a cers and purchase needed equipment. As I have stated before, I am sup- level playing field with foreign compa- These programs have made it possible portive of existing Federal assistance nies. Eliminating deferral means U.S. for local police and sheriffs depart- to law enforcement officers, such as companies will face a tax burden that ments to acquire efficiency-enhancing the Byrne grants, the Local Law En- is not shared by Japanese, German, technology and equipment. Without forcement Block grants, and the COPS British or other competing companies. these funds, our law enforcement of- grants. These highly successful, effec- The Boxer amendment, though styled fices would loose valuable equipment tive and popular programs provide as a tax increase on the wealthy, con- which has been able to enhance their needed assistance to state and local tains a tax increase on our small busi- crime fighting objectives. law enforcement for a wide variety of ness manufacturers. It would reverse My amendment seeks to restore local programs and services. the bipartisan Finance Committee law enforcement assistance back to the Eliminating funding for these pro- bill’s lower rate for manufacturers. In- Fiscal Year 2004 level. In order to do grams represents a severe blow to com- stead of 32 percent, small business this, I am requesting that the offset munities and neighborhoods across the manufacturers tax rates would be come from function 800 in the budget country desperately in need of Federal raised to a level higher than what the resolution, general Government. resources to win the war against crime. Fortune 500 pay. As many of you know, the Depart- If you care about manufacturing In fact, I have filed my own amend- ment of Treasury is funded under this jobs, why would you punish our manu- ment—with Senator BIDEN’s support— function. The Department of Treasury facturers by raising their marginal tax to restore the Office of Justice Pro- has $11.658 billion in discretionary rates? If you care about manufacturing budget authority for Fiscal Year 2005. grams’ law enforcement assistance to jobs, help us get the FSC/ETI bill In Fiscal Year 2001, the Department of the same level as that in Fiscal Year passed and don’t raise taxes on manu- Treasury had $10.332 billion in discre- 2004. However, my amendment does not facturers. tionary budget authority. reduce the tax cut. It simply allocates I urge my colleagues to oppose the I recognize the needs of the Internal funds from other areas of the budget. Boxer amendment. Revenue Service to modernize its sys- That being said, I cannot vote for a Mr. BIDEN. Mr. President, like a lot tems, to fight abusive tax shelters, to reduction in the tax cut. A $2.2 billion of my colleagues this week, I have been reduce the tax gap, and to provide serv- reduction in the tax cut affecting the visited here in Washington by a num- ice to taxpayers. However, despite the top 1 percent of taxpayers may seem ber of my constituents. increased needs of the IRS, because of like a good idea to some. However, as We get to hear, first hand, about the the reorganization the Department of many Senators on my side of the aisle lives of the people we represent, about Treasury has lost two major compo- have pointed out, a high percentage of how we can help them or hurt them. nents since 2001—the United States Se- small businesses pay taxes at the indi- As we debated the budget this week, a couple of those meetings really stood cret Service and the Bureau of Alcohol, vidual level, not as corporations. These out in my mind. When I met with Dela- Tobacco, and Firearms. These two include sole proprietorships, partner- ware’s League of Local Governments, agencies had a combined budget of ships, S corporations, and limited li- their top priority was increased fund- $1.584 billion in Fiscal Year 2001. ability companies. Smaller businesses ing for public safety and homeland se- With a significant reduction in re- are the engine of job creation in this curity. These are the mayors and coun- sources, one would imagine that the country. Why in the world, during this ty executives from my State, the pub- Department of Treasury’s budget time when jobs are very much needed, would we want to harm the potential lic officials closest to the needs of our would have significantly decreased as communities. well. However, instead of seeing a de- for some of these businesses to expand and create more jobs? They came to tell us that they need crease in budget authority, of at least more cops on the beat, they need more Under today’s law, the top individual $1.584 billion, the Department of Treas- resources and more attention from us tax rate is 35 percent, the same tax ury’s budget has continued to increase here in Washington to deal with the se- since Fiscal Year 2001. rate that corporations pay. Because so curity of the chemical plants in their In light of this, my amendment pro- many privately-held businesses do pay towns, to name just one important ex- poses to offset funds for the Office of tax at the individual and not the cor- ample. Justice Programs with funds from porate rate, it is important that we As they brought this message to us Treasury that previously went towards keep this parity in the tax law. This here in Washington, not just to me but major law enforcement agencies. amendment would raise the individual to all of us in the Congress, we were I hope that the appropriators will rate above the corporate rate and once presented with this budget resolution, continue to fund the Byrne Grants and again introduce a disparity in the tax that cuts 30 percent from the support the Local Law Enforcement Block rates on businesses in this country. for first responders, the very fire fight- Grants at the same level they have in This would be poor public policy so I ers and police officers that we so often the past. However, there will not be must oppose it. pay lip service to. Lip service is all room in the budget for them to do so In conclusion, I urge my colleagues they get from this budget. unless my amendment passes. to support my amendment which does I joined with my colleagues in offer- These highly successful and popular not affect the tax cut, and not to sup- ing an amendment to restore and in- programs provide needed assistance to port Senator Dorgan’s amendment. crease funding for homeland security,

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.228 S11PT2 S2688 CONGRESSIONAL RECORD — SENATE March 11, 2004 in keeping with the message we heard At the end of the day, you have to be lution assumes only 1 year of AMT re- this week from our State and local offi- willing to make the choices—you have lief, leaving out of the deficit count cials. But that amendment was re- to set the priorities. And at the end of tens of billions in certain costs over jected, because it would have taken a the day, those priorities, those values, the coming years. small amount from the tax cuts—just a will be written in black and white—and The claim that this resolution re- small amount—from the tax cuts going in the gallons of red ink in this budget duces the deficit over the next 5 years to those with the top 1 percent of in- resolution. is based on taking all of the reserves of comes in this country. The statement made by this budget the Social Security system, reserves I offered an amendment during the is one that I categorically reject, and that will be needed in the next decade budget debate to restore funds cut from that I urge my colleagues to reject. for the largest wave of retirements in the COPS Program, that has put more I have to say that the budget resolu- our country’s history. If you leave that policemen and women on the streets of tion that is before us this week is per- out, the deficit 5 years out will be clos- towns and cities in Delaware and haps the most irresponsible, disingen- er to $550 billion, not the $237 billion across the country. This budget, in a uous, and I have to add, the most cal- they claim. false economy, had reduced funding for lous that I have seen in my time here The other problem with the claim law enforcement grants by over 60 per- in the Senate. that this resolution will reduce the def- cent. This budget resolution, puts us on a icit in the next 5 years, is that the next My amendment would have restored track toward historical levels of debt, 5 years, as bad as they are, are not real a billion dollars to the COPS program, to be left to our children and grand- problem. The real problem our Nation the Local Law Enforcement Block children. This budget resolution slights will face lies in the years after that, Grant, and the Byrne program. And it the most basic responsibilities of our when the deficits explode, on a colli- would have taken an additional 1 bil- Government, with cuts in homeland se- sion course with the coming crisis in lion dollars off of the deficit. curity, in education, health care, the Social Security system. It matters Those amendments were rejected to transportation, clean water, and sci- little what happens in the next 5 years protect the tax cuts that go to the top entific research, despite growing needs if we careen into budget collapse in the 1 percent of income earners in this in all of those areas. years that follow. country. Those are not the priorities of This budget resolution will cripple That is just what this resolution the local government officials who our ability to meet the looming crisis would do. It leaves us on a path to add came here this week looking for help to in the Social Security System because more than $2 trillion to our debt over strengthen public safety in their com- it borrows virtually all of the reserves the next 10 years. It demands sacrifice from the middle munities. that Social Security is now building up But that is the top priority of this class, who face rising health care costs in anticipation of the retirement in budget resolution: sacrificing every and high college tuition payments at a just over 10 years of the baby boom other priority to avoid shaving barely 1 time when job security is shaky, when generation. percent off of a tax cut that will total the search for a new job takes longer Even borrowing all of those Social $690 billion dollars for people in the top and longer, and when we are losing the Security reserves does not balance this 1 percent income level in this country bedrock manufacturing jobs that have budget. Even cutbacks in heath care, in over the next 10 years. been the foundation of our middle medical research, in law enforcement, I also had the pleasure of meeting class. with the American Legion of Delaware in education won’t bring this budget This budget demands sacrifice from this week. It is always moving, and a back into balance. These false econo- everyone, except those Americans who little humbling, to meet with the men mies that will cost us more in the fu- have already been most blessed by the and women who have given so much to ture will not bring the budget into bal- opportunities and advantages offered this country. But these days, with so ance. by this great country. For those Amer- many of our troops still in the field, In fact, under this budget, deficits icans, who have received and will re- these meetings have even more mean- continue to grow and grow, into the fu- ceive the lion’s share of the recent tax ing. ture. On paper, this budget claims to cuts, not a dime of sacrifice will be I know that a lot of my colleagues reduce the deficit over the next 5 years. asked. met with their veterans this week, too, There are 2 problems with that claim. Out of a total, 10-year tax cut of over and that they heard the same thing I First, the claim that this resolution $1.8 trillion, the top one percent will did: health care is their top priority. will reduce the deficit ignores the cost get $690 billion. The average taxpayer This budget makes it harder for vet- of the continuing war in Iraq, the war in the top 1 percent will get a 10-year erans to get health care, and makes it in Afghanistan, and the continuing war tax cut of over half a million dollars. more expensive. on terrorism. Whatever those costs That is what this budget resolution, We offered amendments this week to may be, there is one number that we and the votes we have taken here on add $2.7 billion to this budget for vet- know for a fact is false, is dead wrong, the Senate floor, will go to any length erans’ health care, and to pay for it by and that number is zero. to protect. The reason that the rest of shaving less than 1 half of 1 percent off By the estimate of the Congressional us must sacrifice, we are told, is that of the tax cuts for those in the top 1 Budget Office, those costs could run to we face massive deficits. We just don’t percent of income earners in this coun- $280 billion over the next 10 years. have enough money. try. That amendment was rejected, There is supposedly an allowance in Like the child who killed his parents, too. this budget for $30 billion, but that is and then begged for mercy because he To prevent a tiny reduction in the only a small fraction of what we can was an orphan, the majority, who has tax breaks for those who have the most expect, and it is not even counted as insisted in the face of exploding defi- we refused to add funds for veterans’ part of the deficit. If we spend it, it cits on tax cut after tax cut after tax health care. will add to the deficit, but in this reso- cut, now claims we do not have the In the debate this week on the budget lution, it is not counted, nor is the $250 money to fund the most basic promises resolution we made fundamental billion more the CBO expects us to to American citizens. choices, and those choices revealed the spend. To make up for those deficits, to pay principles, the values, that will guide Millions of Americans are finding out for those tax cuts, this budget goes us for the rest of this legislative ses- now, and tens of millions will soon find after those who are least able to help sion, and for years to come. out, that the Alternative Minimum themselves. Unfortunately, their sac- The values in this budget are not Tax, designed to make sure million- rifices will be in vain because this those of the local officials who came to aires did not manage to escape paying budget will still leave us with a mas- see me this week. They are not the val- tax altogether, is set to fall on middle- sive burden of increasing debt. But this ues of the veterans who came to town, class families. It will cost tens of bil- budget does not ask for a dime of sac- either. And they are not my values. lions of dollars to prevent that from rifice from those who have enjoyed the When you write a budget, you have to happening. The administration agrees greatest economic success in this coun- put your money where your mouth is. that it needs fixing, too. But this reso- try, and who—on top of their growing

VerDate jul 14 2003 00:15 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.231 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2689 wealth and incomes—have been the presidential campaign, when the econ- that money is borrowed. We have major beneficiaries of the recent omy was booming and the budget was turned balanced budgets, and histori- rounds of tax cuts. in surplus. He promised us that we cally high surpluses, into historically Over and over in this debate we have could afford huge tax cuts, that were high deficits. debated amendments to restore cuts in designed to shrink federal revenues, We are still 2.4 million jobs in the public safety and homeland security, in and to prevent the build-up of budget hole, by official numbers and millions veterans’ health care, in education surpluses. Hard is as it to recall, the more jobs short of where we should be funding—to keep the many promises to threat he was most concerned with was this far into an economic recovery. Americans that we have made. To sup- that we would balance the budget and This resolution shrugs off these sorry port those priorities that help average then keep on building up surpluses. facts. It does nothing to change course Americans, those amendments called Then, as the economy slowed down, in the face of these failures. As a mat- for small reductions in the tax cuts he claimed that those same tax cuts ter of fact, this budget resolution will going to the top 1 percent of Ameri- would stimulate growth—the tax cuts result in higher deficits than no change cans. he designed in the midst of the strong- in current policy. No budget resolution We are not talking about cancelling est economic boom our country had at all would be better than the one be- tax cuts for average Americans. And ever seen. fore us today. I will vote against it and we are not talking about cancelling tax When those tax cuts failed to stimu- hope my colleagues will join me. cuts for the wealthiest among us. We late growth, and as deficits began to Mr. ENZI. Mr. President, I support are just talking about reducing the al- expand, virtually wiping out the $5.6 the budget resolution, S. Con. Res. 95. ready huge tax cuts that they are going trillion ten-year surplus projected Let me begin by commending Chair- to receive. when he came into office, we were told man NICKLES for his outstanding lead- If this budget resolution is adopted, that we needed even more tax cuts. Not ership as chairman of the Senate Budg- we will break promises to governors, only have the deficits continued to et Committee. He has fairly and re- mayors, school boards, teachers, par- grow, but those deficits and the tax spectfully brought both sides of the ents, and children. The No Child Left cuts that brought them on have done aisle to the table on an issue that is in- Behind program will be funded at a nothing to create jobs. herently partisan. He has done so in a level $8.6 billion below what we prom- You have to go all the way back to manner that encouraged cooperation, if ised when that law was passed. the Hoover administration to find a not agreement. Last week, we com- If this resolution is adopted, we will record of job losses to rival this one. pleted a difficult markup in less than 2 leave veterans’ health care $2.7 billion We have come out of recession, and days. We could not have done so with- below what it is needed to keep our have restored a respectable level of out the leadership of both the chair- commitment to those who have already economic growth, and the stock mar- man and the ranking member and the given so much—who continue to give ket has come back to around the levels hard work of all of the Republican and so much—to our country. it reached in 1998. We are 37 months Democrat members on the Budget If this resolution is adopted, we will past the last peak in the business Committee. shortchange the working poor in this cycle, and on those measures things After more than 20 years on the Sen- country who are doing just what we are looking up. ate Budget Committee, this will be hoped they would do when we reformed But this recovery is unique in our Chairman NICKLES’ last floor debate on welfare. But the earned income tax history. When it comes to jobs—the the Congressional Budget Resolution. credit, that President Reagan himself one real measure of economic health— We will miss him as both our chairman called the best anti-poverty program we are, compared to our experience, 5.4 and as one of the Senate’s most respon- we have, will be cut by $3 billion. That million jobs behind where we should be. sible and trusted protectors of the tax- program will be cut by $3 billion, be- While we have lost 2.4 million jobs over payer dollar. Chairman NICKLES has cause this Senate refused to take a this period, we have also failed to built a reputation for being fiscally tiny nick out of the tax cuts going to produce new jobs at normal rates. conservative not by saying he’s a fiscal those with an average income of a mil- As the population grows, that means conservative, but by actually being lion dollars a year. This Senate would that more and more people are out of one. I applaud him and his dedication rather take $3 billion from the working work, more than just the 2.4 million to fair budgeting and wish him the best poor than take a tiny fraction from the who had a job when this administra- of luck in his future endeavors. those who already have so much. tion came into office, and who don’t I would also like to thank the rank- The list goes on. It includes Senator have one now. ing member for the technical knowl- LIEBERMAN’s amendment, to provide an In addition, there are millions who edge he brings to the table during these additional $7 billion for homeland secu- should be in the labor force, who have debates. Last week, he explained very rity. These funds would have helped to either dropped out and stopped look- succinctly how the budget caps and as- secure our ports and our borders and ing, or never entered the labor force— sumptions work. I was pleased to hear our transportation system, guard over two and a half million. So while my friend from North Dakota talk against bioterror, and support first re- the unemployment rate is officially 5.6 about the importance of the caps sponders. percent, counting those who have de- versus the assumptions. Both the Re- That amendment, that would take a spaired of finding work in this econ- publicans and Democrats have stacks little more than 1 percent of the total omy the rate is actually 7.4 percent. and stacks of assumptions that iden- tax cut going to the wealthiest 1 per- The reason so many are discouraged tify our funding priorities, but these cent—leaving them with more than from looking for work is clear—the du- assumptions don’t set in stone the spe- nine-tenths of their tax cut, more than ration of unemployment is the longest cific levels of funding. They just help $680 billion—that amendment was re- in 20 years. The number of people who us set targets. Sometimes those tar- jected. have exhausted their long-term unem- gets are higher, sometimes those tar- This budget resolution has one prin- ployment benefits is growing. Despite gets are more to the left or more to the ciple and one principle only: protect repeated efforts, this Congress has re- right, but they never shift downward those tax cuts at any cost, including fused to extend long-term unemploy- partly because we pass dozens of trillions of dollars in additional defi- ment benefits. amendments every year that wrongly cits and debt. Last month, no new private sector focus on the individual programs, not We know what those cuts will cost us jobs were created. None. The small the overall limits. in the future, and how much sacrifice amount of hiring that happened was Despite attempts by my colleagues to they demand from those who can least done by governments, not by the pri- turn this into a debate on appropria- afford it, but what have they done for vate sector, the only engine for real, tions, I’d like to remind everybody us so far? sustained economic growth. that we are not taking shots at the tar- I ask my colleagues to remember the We have enacted tax cuts that will gets yet. The appropriators are the first time that President Bush called cost us $2.3 trillion dollars, counting first ones who actually get to do that. for tax cuts. That was back in the last the extra interest needed because all of Today, we’re talking about the targets

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.232 S11PT2 S2690 CONGRESSIONAL RECORD — SENATE March 11, 2004 set by the President and the com- Grants by eliminating tax relief for We will continue working on the mittee-reported budget resolution. working Americans does not guarantee budget resolution, which I believe sets Like last year, when the President re- that funding will actually find its way forth a good budget. This year we had leased his budget in February, I read into those grant accounts. That deci- to make tough choices about our prior- the entire thing. I read the summaries sion will be made by the appropriators ities. This budget reflects those prior- and studied the tables and analyzed the and the Senate during the debate on ities. Of the 3.3 percent increase in dis- assumptions; and, I truly believe the appropriations. That means much of cretionary funding, 92 percent of it President laid the foundation for a the rhetoric we’ve heard throughout goes to the soldiers and citizens pro- good budget. Some people disagree the debate is political, not practical. tecting our men and women overseas with the underlying assumptions of the Right now, we can only decide the and at home. This budget gives our President’s proposal and the budget amount of money, not where it will end men and women serving in the Armed plan that it was built upon and some up. Forces and our diplomatic corps the want to turn it upside down. But, these We are not making the decisions this tools they need to fight for democracy arguments are more political than sub- week as to which individual programs and win the war on terror. stantial, and they hinder our progress will be funded. We are setting the This budget, however, isn’t just toward appropriations. spending limits for our Appropriations about defense and homeland security. I believe the Budget committee Committees. We are setting the limits This budget is also about creating a rightly built upon the strong founda- that will hold our colleagues in check better and brighter future for our kids. tion laid by the President with respect when it comes to spending. The whole The committee-reported resolution to the Committee-reported resolution. process reminds me of the cartoon that supports the President’s efforts to pro- We reported a resolution that will cut shows two bears in the woods—one has vide more funding for education than the deficit in half in three years and a target on his chest and the friend is ever before in the history of the United allow America to continue down the saying ‘‘rotten birthmark.’’ Thank- States. road to economic recovery. Yet, we did fully, we are not shooting at the bear We have heard many arguments and not have much luck passing this reso- today. The Appropriations Committee we will continue to hear many argu- lution in the committee in a bipartisan will do the shooting. ments today and throughout the week, Some of that shooting will be mon- fashion. The vote was 12 in favor and 10 claiming that this budget resolution is itored down the road. My friend and opposed. an attempt to sell our education sys- colleague from Pennsylvania estab- Why the split? Because we, as Repub- tem short. That is simply not true. lished a spend-o-meter last year that licans, voted to hold the line on spend- Under this budget, we assume that the shows exactly how much our colleagues ing and live up to our promise to pro- Appropriations Committee will invest across the aisle want to increase spend- vide tax relief for all Americans. In ing on appropriations bills and under billions more in Title I grants under contrast, we had more than 30 amend- authorizing legislation. Most recently, the No Child Left Behind Act, in Part ments from our colleagues on the other the spend-o-meter proved useful during B grants for individuals with disabil- side of the aisle who wanted to increase debate on the omnibus bill when the ities, and Pell grants to students who spending and raise taxes to pay for it. other side of the aisle proposed amend- want to take their education one step Again, these amendments were more ments that would have increased further. political than substantial, and they de- spending from $341 billion to almost Writing this budget resolution was layed our progress tremendously. The half a trillion dollars in less than 24 not an easy process. It is never easy to proponents of these amendments were hours. My friend and colleague has cut or freeze spending. But we had to trying to tell the Finance Committee been using the spend-o-meter to keep make tough choices this year. We had how and when to raise taxes, but they track of how the proposed amendments to freeze spending in most categories cannot do that. Raising taxes is firmly on the budget resolution would impact and limit percentage growth in all oth- under the jurisdiction of the Finance the deficit, and let me tell you, the re- ers. We had to clamp down on the tax Committee, and they certainly do not sults are just as troubling. According relief we could provide to working need to take our advice on the subject. to the charts presented by the Senator Americans. We had to set spending In most cases, these proposed amend- from North Dakota, he adds $5 billion caps at a responsible level that would ments would have increased discre- and $6 billion and only gets $1 billion allow our Appropriations Committees tionary spending and increased the def- more spent. When I add $6 and $5 bil- to pass 13 appropriations bills. To the icit. During a time when deficit spend- lion, I get $11 billion in budget re- credit of the Budget Committee, we ing is higher in nominal terms than quests. made these tough choices. We produced ever before, wouldn’t it make more If we were talking about a business, a resolution that will allow Congress sense to decrease spending rather than and we were the owners, we would be and America to move forward without increase it? We have a huge deficit and looking for areas of waste and unneces- overstepping the authority of the yet we still cannot control the spend- sary costs so we could trim costs and Budget Committee. We do not make ing of our colleagues. The debate on reinvest the money. The President did the decisions on where to spend the the floor this week is turning out to be suggest the same kind of cuts based on money, just on how much is spent, al- similar. GPRA in over 60 programs, resulting in though many amendments would give Throughout the week, too many $4.9 billion of savings. Not much you you the opposite impression. amendments have been introduced that say? Show me your cuts. The economy I said this during the committee would certainly have increased the size grew while we constrained spending. markup and I’ll say it again today— of the Federal government and blown We balanced it by growth of the econ- this budget is about moving forward. the Federal deficit out of the water. omy, not by cutting a dime. We’ve faced some tough times in recent Many of these amendments have also Constraining spending and shifting years. The huge spike in spending dur- proposed to simply shift funds from one the targets we’ve been talking about ing the last year of the Clinton admin- program to another based on budget can happen at the same time. Although istration set the stage for troubled ‘‘assumptions.’’ Let me again remind few in number, some of the amend- times in 2001. With the technology bust my colleagues that the budget resolu- ments offered today, including one I in- of the late 1990s and the year 2000, tion does not set spending levels for in- tend to offer, would actually shift the many of our healthiest industries were dividual programs. Unfortunately, I targets to a better position that will struck down to the point of barely don’t think this message is getting help us grow the economy. But, I think breathing. But, that was just the begin- through to some people. As such, I it’s safe to say that most of the amend- ning. have no doubt that many more amend- ments offered by the other side will be The terrorist attacks of 2001 and the ments like those we’ve seen so far will outrageous attempts to raise taxes international war against terror have be offered before the final vote. under the guise of increasing appro- forced us to address the decisions by For example, an amendment that priations for very popular programs. previous administrations to gradually proposes to increase funding under Again, let’s be clear that we will not be weaken our Armed Forces. Now, we are function 450 for Firefighter Assistance passing an appropriations bill today. paying the price. We are playing a

VerDate jul 14 2003 00:15 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.229 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2691 catch-up game—a catch-up game that talk about how we can keep high-pay- our workers and help them achieve the costs billions, not millions, of dollars. ing jobs in America’s factories, in American Dream for themselves and That’s why we need to pass a budget America’s businesses, and on America’s their families. this week that will rein in spending shores. As we consider job creation in This investment in our Nation’s job while allowing our defense sector and this country, we must address the training and employment system is an our economy as a whole to continue to growing skills gap that threatens our important investment in our future. recover. The budget resolution before ability to compete—and succeed—in a Like any investment of the taxpayers’ us today makes some general, but crit- more complex, knowledge-based econ- money, the investment in Federal job ical assumptions. One of the most im- omy. training programs must be fiscally re- portant assumptions focuses on pre- As the country continues its eco- sponsible and generate results. While I venting attempts by our colleagues to nomic recovery, people are asking: support an increase in resources for job raise taxes on our working families. ‘‘where are the jobs?’’ It may surprise training, it cannot come at the expense The committee-reported resolution you to learn that many high-skilled of fiscal discipline. Therefore, my proposes to extend the personal tax re- jobs in this country remain unfilled be- amendment is offset fully from account lief currently scheduled to expire at cause employers can’t find qualified 920. My amendment will increase re- the end of 2004. Contrary to the state- workers. According to a 2003 survey sources for Fiscal Year 2005 in the job ments made by my colleagues, this tax conducted by the Center for Workforce training function. It will responsibly relief helps middle- and lower-income Preparation, an affiliate of the U.S. shift the target in this area. Beyond taxpayers. The $1,000-per-child tax Chamber of Commerce, half of the em- that, we must improve the workforce credit, the 10 percent income tax ployers reported difficulty in finding development system to better meet the bracket expansion, and the marriage qualified workers. The problem is needs of American workers and busi- penalty relief are three of the most im- greatest for small employers. Nearly 60 nesses before investing additional re- portant tax provisions passed in dec- percent of employers with 11 to 50 sources. ades. These provisions put more money workers report having a hard time We cannot meet the challenges of the back into the hands of our neighbors, finding qualified workers. Small em- 21st century economy by simply throw- families and friends. ployers—our greatest source of eco- ing more money into the existing This week, we have an opportunity to nomic growth—can’t create jobs if they workforce development system. We pass a budget that plans for the future, don’t have the skilled workers to fill have to improve the Workforce Invest- while taking care of our present-day the jobs. ment Act to better prepare American needs. This budget aims to cut the The gap between the demand for workers for the good jobs of today and budget deficit in half in just a few high-skilled workers and the supply tomorrow. Again, there is good news. short years. I believe we can do it. will only widen in the future. Looking We have a bill that does this. It is a bi- The tax relief put in place last year ahead 2 years, only 30 percent of the partisan bill that passed out of the has already resulted in growth in al- employers surveyed believe that the Health, Education, Labor and Pensions most every sector of our economy. Our skills of their workforce will keep pace Committee unanimously. We passed it gross domestic product increased by with demand. According to the 2003 on the Floor unanimously last Novem- more than 4 percent last quarter and study by the Center for Workforce ber. That’s as bipartisan as you can robust spending on technology, infra- Preparation, the manufacturing indus- possibly get. structure and equipment points to try—which has faced some of the most Where is the bill now? Here is the bad strong continued growth through the severe job loss—faces the greatest news. We can’t appoint a conference next year. This growth will lead to skills gap. Manufacturers predict that committee, which is the committee more companies paying into the Fed- by 2005 only 21 percent of their work- made up of Republicans and Democrats eral pot and more money flowing from force will have the necessary skills. Al- who would meet with the House to the private sector to the public sector most 80 percent of American workers work out differences between what and back again. won’t be qualified for American manu- they passed and what we passed. The That is what this debate should be facturing jobs. Workforce Investment Act can help about—passing a budget that will help, Without any action, technology and more than 900,000 dislocated workers a not hurt, America’s recovering busi- other advances will outpace the ability year find the well-paying jobs in this ness sector and job markets. We have of American workers and business to country that are available. That is heard the scare tactics on Social Secu- update skills needed to compete in the 900,000 opportunities that can help fill rity and unemployment and new economy. But there is good news. the skills gap and make American outsourcing, but what we haven’t heard There is action we can take to retrain workers and businesses more competi- a lot about is how to help address the workers to fill the jobs needed in this tive. I have heard a lot of talk about problems. This debate should focus on country, now and in the future. First, losing American jobs. If we really want progress, not politics. I have been we can increase budgetary resources to take care of jobs in this country and working with my colleagues from both for job training programs under the make sure jobs stay in this country, we sides of the aisle on an amendment Workforce Investment Act. Second, would appoint a conference committee that would propose a step in the right and more importantly, we can make for the Workforce Investment Act bill direction. My amendment would add sure the Nation’s job training system and enact this vital legislation. $250 million to the Nation’s job train- created under the Workforce Invest- Last week, the Health, Education, ing programs. ment Act effectively prepares our Labor and Pensions Committee held a For generations, the skills and inge- workforce for good jobs that the evolv- hearing that addressed the skills of the nuity of the American workforce have ing economy demands. This amend- American workforce. Dr. Diana fueled the greatest economy in the ment will do the first. To do the sec- Oblinger, executive director of Higher world. Today, America faces an emerg- ond, my Colleagues must agree to send Education for Microsoft—an American ing challenge that threatens the pros- legislation reauthorizing and improv- company that symbolizes innovation perity of generations to come. Our ing the Workforce Investment Act into and growth—presented some of the best challenge is to equip our workforce Conference. testimony I have ever heard. She said with the skills needed for jobs in the I am offering this amendment to in- that being able to ‘‘outthink the rest of new, global economy. Our prosperity crease job-training budget authority the world’’ may be the most important rests with our ability to create and fill because I agree with Federal Reserve competitive advantage. In this knowl- the high-skilled jobs that the 21st cen- Chairman Alan Greenspan that: ‘‘what edge-based, global economy, I agree tury economy demands. will ultimately determine the standard with Dr. Oblinger that the brainpower We have talked about the loss of of living of this country is the skill of of our workforce is our greatest re- American jobs because of increasing the people.’’ Job training under the source. globalization. We have talked about Workforce Investment Act will help This amendment recognizes that the the loss of American jobs because of in- our workers get back to work or find first priority for workers who have lost creasing productivity. I am here to better jobs. It will improve the lives of their job is finding a new job. But this

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.230 S11PT2 S2692 CONGRESSIONAL RECORD — SENATE March 11, 2004 amendment is only a band-aid. It will lifetimes. This makes sense. Taxpayers are enormous. We are allocating re- not fix the Nation’s job training pro- are likely to be lower-income earners sources around the globe to combat grams. If we are going to continue to early and late in life but are likely to terrorism. Our troops are putting their ‘‘outthink the rest of the world’’, we be higher-income earners during the lives on the line every day to secure must improve the job-skills and train- mid-points of their lives. and rebuild Iraq and Afghanistan. So- ing of our greatest resource now and My understanding is that the Con- cial Security and Medicare face un- into the future. gressional Budget Office—CBO—is con- precedented strains as the baby boom With that, I believe this budget is a sidering the use of income mobility generation nears retirement. At the fiscally responsible measure and I urge concepts in its analyses. I’m pleased same time, the Federal deficit is bal- my colleagues to work together to pass that the non-partisan official looning to historic proportions. both my amendment and the resolution scorekeeping organization recognizes Crafting a budget to accommodate by the end of the week. Once again, I the important issue of income mobil- these and other priorities requires a thank Chairman NICKLES, Ranking ity. careful and balanced approach. But un- Member CONRAD, and all of the com- What allowed these people to escape fortunately, the administration’s budg- mittee members for their work so far the lowest income quintile and start et and the resolution before us today and hope we can move to final adoption earning more money is college edu- focus too heavily on promoting mas- of the Congressional Budget Resolution cation and acquiring necessary skills sive tax cuts mainly for the wealthiest before the April 15 deadline. on the job. Interestingly, anecdotal Americans, adding a large amount to Mr. GRASSLEY. Mr. President, I rise evidence shows 80 percent of individ- our national debt and forcing painful today to discuss the importance of ac- uals on the Forbes 400 list were self- cuts in our Nation’s priorities like edu- curate data to the debate over the made, as opposed to those who inher- cation, health care and protection of budget resolution, particularly as it re- ited fortunes. the environment—cuts that have real lates to the distribution of the tax bur- Again, this underlines the impor- consequences for all of us. den. Over the past several days, a num- tance of taking advantage of edu- This resolution, like the President’s ber of my colleagues have made claims cational opportunities. Education al- proposal, would make permanent the that the tax relief we have enacted lowed these people to overcome dif- tax cuts pushed through Congress by over the past three years only benefits ferences in parental income, increased the President in 2001 and 2003, which the wealthiest of Americans. their chances to escape low wage jobs, the Congressional Budget Office (CBO) In this debate, as well as all tax pol- and determined the success of their fu- estimates will cost $1.1 trillion over icy debates, it is important to use ac- ture earnings. the next 10 years. Substantial revenue curate data, and to debate the issues in Too often distribution tables are used reductions like these have already left an intellectually honest manner. in an almost fetish-like manner. It is in their wake the largest annual deficit One of the key questions in any tax important to understand that the ta- in our Nation’s history, estimated by relief package is fairness. In evaluating bles are, at best, snapshots. The reality CBO to be a staggering $478 billion for fairness, we frequently look at whether is much more complex. Distribution ta- this year and they are projected to con- a proposal retains or improves the pro- bles are useful policy tools, but they tinue. gressivity of our tax system. Critics of must be used in context. Moreover, this resolution hides its tax relief continue to attempt to use The NCPA study confirms that there true future effects by failing to ac- distribution tables to show that tax re- is substantial economic mobility be- count for large expenses that we all lief proposals disproportionately ben- tween generations. Almost 60 percent know are coming. By using 5-year pro- efit upper income taxpayers. of sons whose parents’ incomes were in jections instead of the customary 10- The tax relief that has been enacted the bottom 20 percent are in a higher year numbers, this budget disguises the to date, in the 2001 and 2003 tax relief income group; 31 percent have incomes size of our deficits. The cost of extend- packages, is promoting investment in- in the top 60 percent. ing the tax cuts past 2010 explodes just centives so that companies will pur- Therefore, whoever is saying that outside of the 5-year window. It is also chase additional capital and labor. once rich, Americans stay rich, and outside of this 5-year window that the Criticizing these plans for benefiting once poor, they stay poor, is purely surplus we have in the Social Security wealthy taxpayers assumes that the mistaken. I welcome this data on this trust fund disappears, thereby making rich stay rich and the poor stay poor. important matter for one simple rea- the unified budget figures even worse. Recent studies, including one pro- son: it sheds light on what America When this budget plan is played out duced by the National Center for Pol- really is all about—vast opportunities over 10 years, our deficits skyrocket icy Analysis, indicate that this is un- and economic mobility. and use up every penny of the Social true. The May 2003 study measures in- Built by people from all over the Security surplus, funds that Social Se- come mobility by breaking same age world, our country truly provides curity will need as our baby boomers workers into five income levels and by unique opportunities for everyone. start to retire. monitoring their movement between These opportunities include better edu- The President’s budget blueprint also the income quintiles over 15 years. cation, healthcare services, land finan- failed to include a number of inevitable The study shows there is consider- cial security. But most importantly, costs, such as the cost of continued able economic mobility in America and our country provides people with free- military operations in Iraq and Af- that large numbers of people move up dom to obtain necessary skills to climb ghanistan. I am glad to see that the and down the economic ladder in rel- the economic ladder and live better Budget Committee recognized this fact atively short periods of time. More- lives. and placed into a special reserve fund over, in recent years earning mobility We are a free nation. We are a mobile $30 billion for military operations in has increased. nation. We are a nation of hard-work- Iraq and Afghanistan for 2005. However, The study demonstrates that within ing, innovative, skilled and resilient it is clear that more will be needed; it a single 1-year time frame that one- people who like to take risks when nec- is unrealistic to fail to reserve third of workers in the bottom quintile essary in order to succeed. We have an amounts for Iraq or Afghanistan in 2006 move up and one-fourth of workers in obligation as lawmakers to incorporate or subsequent years. the top quintile move down. One-half of these fundamental principles into our This budget also doesn’t take into ac- the remaining labor force changed tax system. count likely reforms to the Alternative quintiles within one year and 60 per- Mr. LEVIN. Mr. President, I cannot Minimum Tax, reforms that are needed cent of workers are upwardly mobile support final passage of this budget to keep tens of millions of middle class within 10 years. The study also showed resolution. In my judgment, this budg- taxpayers from paying a tax that was that after 10 years, two-thirds of work- et, like the President’s budget that it originally meant to apply only to a ers change quintiles. reflects, is divorced from the reality small portion of high-income tax- A University of Michigan study also that working families in Michigan and payers. Because of these and other concludes that taxpayers tend to move across the country face every day. The omissions, achieving the President’s between income groups during their challenges facing our country today goal of cutting the deficit in half by

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.230 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2693 2009 is hollow rhetoric, especially if he nology and technology training for ical and health-related services for continues to stick to his agenda. teachers. But the President’s budget low-income individuals. In 2003, the Following the path of continuing the refuses to provide our school systems program assisted 24.8 million children, President’s tax breaks is fiscally irre- the funding they were promised. And and 13.6 disabled, blind, and elderly in- sponsible. The tax cuts are heavily now, despite attempts to change this, dividuals. The EITC program has been slanted toward the wealthiest Ameri- the budget resolution also inad- highly successful in assisting persons cans. The average tax cut for the equately addresses the need for in- in low-income families raising children wealthiest 1 percent would be nearly 90 creases in education funding to assist to transition from welfare to work. times larger than the average tax cut local schools. We cannot expect our EITC helps individuals and families, for middle-income households. schools to adequately meet the high particularly single working mothers, In its attempt to accommodate these academic standards that have been set meet essential needs, from putting food reckless and inequitable tax cuts, this if we neglect to provide them with the on the table to paying monthly rent to budget proposes a significant number tools they need to succeed. assisting in required educations ex- of cuts to vital programs. Despite the Not only does this budget fail our penditures. According to the U.S. Cen- fact that millions of jobs have been young school children, it also fails our sus Bureau, the EITC helps lift over lost since the beginning of the Bush older children who seek financial as- four million people out of poverty an- Administration—many in the manufac- sistance to attend college. The Pell nually, including more than 2.7 million grant program is the single largest turing industry—this budget offers lit- children. Cuts to either of these pro- source of Federal Government grant tle help to those looking for employ- grams are unacceptable. ment. I am disappointed that we aid devoted to financing postsecondary This budget is divorced from the re- couldn’t pass the amendment offered education. This program reaches over ality that American families face every one-fifth of all undergraduates each by Senator BOXER that would have day. It burrows us deeper into the def- placed top priority on creating jobs in year. Despite the program’s successes, icit ditch, continues our reckless reli- the U.S. now, discouraging the ship- this body opposed increasing the max- ance on the Social Security surplus imum Pell grant by a $1,050 by reduc- ping of jobs overseas, and helping and fails to provide vital programs ing tax breaks for the wealthiest workers dislocated by global forces be- with adequate funding. I cannot sup- yond their control. among us. This budget also fails to meet the port it. Instead this resolution contains sig- Mr. LEAHY. Mr. President, I rise needs of our veterans by underfunding nificant cuts to one of the most suc- today to oppose the budget resolution the Department of Veterans Affairs, cessful federal/state partnerships in that the Senate is voting on today. We forcing real cuts in the health services government, the Manufacturing Exten- have been presented a fiscally irrespon- for America’s veterans. Not only sion Program (MEP). The MEP creates sible budget that calls for record budg- should we be redoubling our efforts to programs to help our country’s manu- et deficits and deep cuts in programs care for those who have already served facturers be more productive and com- for education, first responders, vet- in the military, but as a new genera- petitive, thus, keeping jobs here at tion of soldiers returns home from erans, and the environment. I find it home. The resolution also completely countries around the globe, we must difficult to pin point exactly how this slashes funding for The National Insti- ensure that they have access to a vet- budget benefits the hard working tute of Standards and Technology’s Ad- erans’ health system that is able to Americans who are being asked to pay vanced Technology Program (ATP), provide them with the care and serv- for this reckless fiscal plan. This budget plan does nothing to ad- which focuses on improving the com- ices they have earned. Despite these dress the growing Federal debt that we petitiveness of American companies in obligations to the men and women who are preparing to pass onto our children the global marketplace by encouraging have been sent into harm’s way to pro- R&D through public-private collabora- tect us and our way of life, I am dis- and grandchildren. In fact, this budget tion in the development of promising appointed that this body voted down calls for a record $477 billion deficit technologies. In the face of a loss of 2.6 more than an amendment to increase this year, on top of the record $450 bil- million manufacturing jobs over the veterans’ medical care, even when the lion deficit last year. We have a respon- past few years, we should be doing all cost was fully offset. Our veterans de- sibility to bring accountability back to we can to promote programs that help serve not only our recognition and our the budget process. The $1.7 trillion in create manufacturing and hi-tech jobs. gratitude, but also the appropriate tax cuts that we have enacted over the Supporting the MEP and ATP pro- funding for well-earned services and past three years have not fulfilled any grams is one way to do this. benefits. of their promise—they have not done Additionally, I am extremely dis- And the unwise cuts don’t end there. anything to curb our growing economic appointed that this plan fails to extend This budget would make steep cuts in problems; they have not continued the unemployment insurance to workers housing programs that provide assist- budget surpluses we reached under the who have exhausted their benefits. The ance to low-income families, our sen- previous administration; and they have number of individuals exhausting their iors, and the disabled. The proposal not restored confidence in the fiscal de- regular State unemployment benefits also cuts foreign aid, environmental cisions of our Government. and not qualifying for further benefits programs, health programs and the list Perhaps even more disturbing, this is higher than at any other time on goes on and on, calling for significant budget fails to reflect the spending re- record—about 90,000 workers a week; reductions in nearly every part of gov- alities that face our country in the extending unemployment insurance is ernment in an attempt to pay for the coming years. The endemic long-term the right thing to do for displaced President’s tax cuts. deficits forecast in this budget will sig- workers and for the economy because I am pleased that the Senate passed nificantly add to the Federal debt that it provides an economic stimulus by the amendment offered by the Senator is expected to top $15 trillion by 2014. putting money in the pockets of people from North Dakota, Senator BAUCUS, This five-year budget plan also con- who need it most. to strike the reconciliation instruc- tains no funds for our continuing com- And the misguided priorities don’t tions requiring mandatory program mitments in Iraq and Afghanistan. The stop there. Despite our attempts to cuts targeted at critical programs like costs for these operations are so exces- amend it, this budget inadequately ad- Medicaid and the Earned Income Tax sive—an estimated $280 billion over ten dresses the needs of our children by Credit (EITC). I hope this will end the years—that including them in the failing to fund our education programs. attempts to cut these vital programs budget would produce an unfathomably The No Child Left Behind Act, ap- that serve low-income families and in- large national budget. Where will the proved overwhelmingly by this body dividuals, populations that are, unfor- money come from for future requests? just over 2 years ago, is intended to tunately, growing. This is not the time The hope to cut the deficit continues help our school children make progress to cut these critical and effective pro- to move farther and farther from re- toward reaching their full potential by grams. ality. providing things such as smaller class- Medicaid, as my colleagues know, is Once again, this Congress is poised to es, after-school programs, and tech- the largest source of funding for med- enact a fiscally irresponsible budget

VerDate jul 14 2003 00:15 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.226 S11PT2 S2694 CONGRESSIONAL RECORD — SENATE March 11, 2004 plan offered by this administration. ised Federal funds threatens to derail children, such as distance learning and Time after time the President and the very election reforms Congress more teacher training. many of my Republican colleagues mandated that the States implement. The President proposes to freeze have shown that they do not care about Voting is the voice of a free and funding for the Rural Education the long-term effects his policies have democratic society. I believe that Con- Achievement Program in his budget for on our financial future. After record gress can, and will, find the necessary fiscal year 2005, despite the major chal- budget surpluses during the final years funds to fulfill our promise to the lenges facing schools in rural commu- of the Clinton administration, the States and our commitment to the nities. I believe we should provide the Bush administration has sent Congress American electorate to see that every full $300 million as promised by title VI three budgets in a row that have eligible voter has an equal opportunity of the No Child Left Behind Act, and I turned record surpluses into record to vote and have their vote counted. hope to work with my colleagues to deficits. The President’s own budget While I will not insist on offering an achieve that goal as we work on the ap- predictions call for the Government to amendment to this budget resolution, I propriations bills this year. be a record $521 billion in the hole in am serving notice that I intend to Mr. KOHL. Mr. President, I am in op- 2004. This budget resolution is full of work with my colleagues to see that we position to the budget before the Sen- red ink for as far as the eye can see. fully fund HAVA in fiscal year 2005 to ate. Many pundits will argue that the With the retirement of the first of the ensure that the bipartisan reforms we Senate budget is meaningless political baby boom generation just four years enacted are implemented by the 2006 posturing and a waste of time. After away, we can no longer afford to con- elections. all, no money is appropriated by the tinue on the President’s path of fiscal Mr. DASCHLE. Mr. President, I had decisions we make in this resolution. irresponsibility. hoped to offer an amendment to in- No taxes are changed. No laws are Mr. DODD. Mr. President, just this crease funding for the Rural Education passed. week the National Conference of State Achievement Program. I will withhold But those who write off the budget Legislatures released its latest Un- that amendment, but I would like to debate are making a real mistake and funded Mandates Report. Based on take this opportunity to highlight the missing a real opportunity. The Sen- President Bush’s budget request, and challenges facing rural schools. ate’s budget resolution is our one the budget resolution before us, the Rural schools play a very important chance to demonstrate that we have a NCSL Report labels the $40 million in role in educating our Nation’s children. coherent plan for our country. The fiscal year 2005 funding for election re- Nearly 40 percent of America’s school- budget is our opportunity to show that form under the Help America Vote Act children attend public schools in rural we have the courage to face our chal- an unfunded mandate of $560 million. areas or small towns with populations lenges, the common sense to meet our The budget resolution before us does of less than 25,000. Almost 50 percent of obligations, and the vision to lead the not include sufficient funds to ensure the Nation’s public schools are located nation into a brighter future. that necessary election reforms can be in rural areas and small towns, and 41 Sadly, the budget before us fails on achieved by the States in time for the percent of public school educators all three counts. 2006 elections. I regret that the resolu- teach in rural community schools. Our current fiscal situation is a dis- tion does not reflect the bipartisan rec- Rural schools face formidable chal- aster. The Federal balance sheet has ommendation of the Senate Rules lenges in their efforts to provide a swung from a record surplus of $236 bil- Committee with regard to payments to high-quality education to each of their lion in fiscal year 2000 to a record def- the States for election reform under students. These school districts tend to icit of $477 billion projected for this fis- the Help America Vote Act, P.L. 107– be less effective in obtaining State and cal year. Now—as the baby boom gen- 252, HAVA. Federal competitive grants, in large eration prepares to retire, as our na- In our letter of February 24 to the part because many cannot afford pro- tion faces unprecedented threats to our Budget Committee, Chairman LOTT fessional grant writers. The costs of security, as well-paying manufacturing and I expressed our concerns that the providing a good education also tend to jobs bleed off our shores—does our $40 million funding level proposed by be higher in rural districts. Teachers, budget face our fiscal shortfall with President Bush’s budget for fiscal year for example, are paid the same whether the gravity and seriousness of purpose 2005 was insufficient to fully fund the they are teaching 30 or 5 students in a the situation demands? required election reforms which States classroom. Transportation costs are No, it does not. Instead, we have a must implement by the first Federal much higher in rural districts, since document that masks Treasury-drain- election in 2006. Based on estimates by school buses must travel longer dis- ing tax policy with 5-year projections— the States, the bipartisan Carter-Ford, tances. Unfortunately, these costs can closing the window to the public before Commission, and numerous experts, adversely affect the budgets of rural the price tag for the President’s ill- Congress authorized a total of $3 bil- districts and make it harder for them considered tax breaks reaches the tril- lion over 3 fiscal years for imple- to provide the services necessary for lions of dollars. Instead, we have a menting these requirements. To date, high achievement. budget that doesn’t include in its bot- Congress has funded roughly $2.4 bil- Nevertheless, and appropriately, the tom line the estimated $280 billion in lion in section 257 requirements pay- same level of academic results are ex- additional funds over the next 10 years ments. It is imperative that the re- pected of them as in urban and subur- it will take to continue to fight wars in maining $600 million be provided in fis- ban school systems. These students Afghanistan and Iraq. cal year 2005 to ensure that the States certainly deserve an equal opportunity Certainly, the cost of the war in Iraq will be able to meet the requirements to achieve those results. The geo- is a contentious issue. The exploding of HAVA, including the replacement of graphic isolation of rural districts will price of the President’s tax breaks is punch card systems and the deploy- make it more difficult to achieve the unsettling. And the $2.8 trillion the ment of fully disabled-accessible voting goals of the No Child Left Behind Act. budget before us plans to add to the systems, by 2006. Schools found in need of improvement federal debt in the next 5 years is Folloiwng the November 2000 election may not have the ability or the re- downright terrifying. A courageous debacle, Congress responded by placing sources to implement provisions such budget would acknowledge those hard, new requirements on the States for the as public school choice and supple- cold numbers honestly. This budget conduct of Federal elections with the mental services. does not. promise that we would fund 95 percent Increasing funding for the Rural Edu- Nor does it contain the sort of com- of the cost of those mandates. For the cation Achievement program would mon sense that might make it a fiscal first time in our Nation’s history, the provide rural school districts with ad- plan worth supporting. Federal Government will be a full part- ditional funding and flexibility to help As school districts everywhere cut ner with the States in the funding of these students achieve proficiency. back on teachers, academic options, Federal elections. To expect cash- Providing additional funding to rural counseling, books, even heat to pay for strapped State and local governments districts would give them more options the mandates of the Leave No Child Be- to make up for the shortfall in prom- for providing high-quality services to hind Act, does this budget meet the

VerDate jul 14 2003 00:15 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.115 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2695 government’s acknowledged obligation changes investment in important do- schools and reneges on a promise Con- to pays its fair share? mestic programs. It understates the gress made when it enacted the No As Republican and Democratic Gov- cost of supporting our troops serving in Child Left Behind legislation. In 2000, I ernors alike struggle to meet the Iraq and Afghanistan. And it forecasts voted for the No Child Left Behind Act health needs of the uninsured, does this more outrageous deficits for our chil- because I strongly believe that edu- budget propose to meet the federal gov- dren to pay off. cation is the key to our future and we ernment’s obligations to the States West Virginians are rightfully wor- must invest in higher academic stand- under Medicaid? No. ried about our economy right now. ards. Based on that legislation, our As the costs to the government and Many of them are unemployed, and schools have accepted annual testing, society of young criminal offenders many others are nervous that their and its expense, higher academic stand- pile up, does this budget meet its obli- jobs will be the next ones shipped over- ards for students, and higher standards gation to fund the cost savings juvenile seas. They are having trouble making for teachers. But this budget does not crime prevention programs that keep ends meet on wages that have stag- follow through with the resources we kids out of jail? No. nated. They are struggling to have promised schools that accepted these As farmers and ranchers struggle health care for themselves and their changes. This year alone, we are $8.6 with shrinking profit margins, violent families. They have a right to expect billion short of promised funding. In weather conditions, and market-wreck- that when laying out our economic pol- West Virginia, funding is $60 million ing diseases like mad cow disease, does icy for the coming year, Congress will less than promised. this budget meet its obligation to guar- address these pressing concerns. I am Students are not the only ones to antee a safe and available food supply? very disappointed that the budget reso- lose out under this budget resolution. No. lution we are considering today offers Anthony Principi, the Secretary of The list of unmet obligations is no leadership on these important Veterans’ Affairs, told Congress that Veterans Administration health care is longer than the budget document issues. itself: TANF reauthorization, transpor- Instead, as has been the pattern of underfunded. He testified that he need- tation reauthorization, higher edu- the last 3 years, this budget resolution ed $1.2 billion in additional funds. At a cation reauthorization, Federal nutri- provides for more tax cuts for the time when military personnel are serv- ing in Afghanistan and Iraq, new vet- tion program reauthorization—health, wealthiest Americans. Let me be clear. erans are coming home, and 60,000 vet- education, safety, welfare—all needs Some of the tax cuts called for in this erans are on waiting lists for health unmet; all duties undone. budget resolution are ones that I look care, we simply must fund VA health If the first rule of commonsense forward to supporting. The increase in care. Yet, this budget does not. budgeting is pay what you owe, then the child tax credit, relief from the The Federal Government also has a this budget is a violation of common marriage penalty, expansion of the responsibility to maintain its commit- sense. lowest tax bracket—these are tax cuts ment to Medicaid in order to protect But perhaps even more than common for hard-working Americans that access to health care for our poor chil- sense—or courage—what this budget Democrats have been fighting for all dren, needy families and seniors in lacks is vision. along. Families in West Virginia de- nursing homes. This is especially true We should face head on and plan for— serve to have these tax cuts extended, during times of economic downturn the hemorrhage of manufacturing jobs. and I will work with my colleagues to when Medicaid beneficiaries need it the But this budget merely dabs at the ensure that we do so. most. Last year, I worked with several wound with unrelated upper income However, this budget resolution calls of my colleagues in the House and Sen- tax cuts, ill-conceived trade agree- for additional tax cuts for the very ate to successfully pass $20 billion in ments, and empty promises of better wealthiest Americans as well. The leg- State fiscal relief. This legislation pre- times to come. islation asks us to accelerate the vented several States from making We should face head on—and plan elimination of estate tax—something cuts to their Medicaid programs. How- for—the looming crisis in Social Secu- that helps married couples with estates ever, the projected budget deficits for rity shoved onto the baby boom gen- worth more than $7 million. The reso- states in the coming year are between eration by our precarious fiscal situa- lution asks us to extend the tax cuts on $39–$41 billion—in spite of the slight tion. But this budget merely shortens dividends and capital gains income— upturn in the economy. Eighteen its time frame to 5 years and ignores something that will benefit less than 20 States have already introduced meas- the train wreck just around the corner. percent of the people in my state. I ures to reduce Medicaid coverage, We should plan for a prosperous fu- simply do not believe that Congress eliminate benefits, increase copays, ture for next generation. But this ought to consider additional tax cuts limit access to prescription drugs, or budget skimps on feeding them when for the most fortunate in our society in decrease payments to providers. Addi- they’re born, skimps on teaching them a year when our troops are in the tional states will be forced to enact as they grow, and is generous only in fields, millions of Americans are feel- similar measures if fiscal relief expires loading them down with debt when ing the pain of joblessness, and the on June 30. they enter the working world. government is running record deficits. Instead of trying to undermine Med- We are capable of producing a budget To those who hid behind the spurious icaid funding, we should continue to with courage, common sense, and vi- argument that tax cuts for the wealthy provide state fiscal relief in order to sion. We have not. The people of this are really for small businesses, I would hasten our nation’s economic recovery country deserve a budget with courage, remind them that less than 2 percent of and improve coverage options for the common sense and vision—everything our Nation’s small businesses pay taxes uninsured. And I am very disappointed this budget is not. For those reasons, I in the highest bracket. that this budget resolution offers no oppose the resolution. With tax revenues already at their assistance to states to prevent these Mr. ROCKEFELLER. Mr. President, I lowest point in decades, as a share of devastating cuts. rise to oppose the budget resolution the economy, critical Government As the ranking Democrat on the that the Senate is considering today. services are underfunded in this budget Aviation Subcommittee of the Com- Quite simply, this resolution does not resolution. The resolution provides just merce Committee, I cannot help but reflect the priorities of West Vir- $369 billion for all domestic, discre- note that this resolution does not pro- ginians. The policies promoted here tionary spending outside of homeland vide sufficient funds for the Essential would not be in the best interests of security. While that may sound like a Air Service program or the Small Com- the overwhelming majority of West great deal of money, it is just $2 billion munity Air Service Development Pro- Virginians. more than last year, and certainly not gram. I will certainly fight for ade- This budget resolution calls for more enough to keep pace with inflation or quate funding to maintain the Federal of the same failed economic policies program growth. Government’s commitment to making that have been implemented over the Let me give you just a few examples sure that small and rural communities last 3 years. It provides for additional of the painful results of such a budget. continue to be connected to the na- tax cuts for the wealthy. It short- First, this budget turns its back on our tional air transportation system. This

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.210 S11PT2 S2696 CONGRESSIONAL RECORD — SENATE March 11, 2004 budget resolution will make that fight cent. Fifty-seven out of 66 counties in included a provision that will help an uphill battle. South Dakota in 2001 reported prob- clear the way for an $11 billion cut in I cannot support this budget. I refuse lems with methamphetamine use, and Medicaid. This cut would be dev- to believe that this is the best that because meth-related problems are astating to millions of low-income Congress can do, and I will not try to showing increased movement from the families, children, disabled and senior explain to West Virginians that there outside edges of the State toward the citizens who are served by this critical is room for additional tax cuts, but not center, the sad truth is that soon there health care program. enough money for education, child won’t be a single county in my State And to make matters worse, this cut care, health care, infrastructure im- that is not seriously affected by meth- would come at a particularly bad time. provements, homeland security, and amphetamine. States continue to face fiscal crises as other important domestic initiatives. In addition to having serious adverse a result of a weakened economy. They I also refuse to ask West Virginia’s health affects, methamphetamine pre- are already struggling to keep up with children to assume enormous amounts sents our Nation’s law enforcement the rising demands and costs of Med- of additional debt to fund such mis- agencies with unique and significant icaid as more families need help during guided priorities. Make no mistake, challenges. trying economic times. This budget while this budget imposes painful re- Unlike other illegal drugs that are resolution would have made it even strictions on services that West Vir- produced in foreign countries and harder for States to meet the needs of ginians care about, it still increases smuggled into America, meth is being families, and would certainly lead to our national debt by unprecedented produced and distributed right here in more uninsured Americans as States amounts in the coming years. These America. Methamphetamine can be are forced to make painful cuts in Med- outrageous deficits will have a tan- manufactured in small, clandestine icaid. gible, negative impact for middle-class labs that operate out of homes, barns, Estimates show that an $11 billion Americans. As Government borrowing hotel rooms, and even car trunks. The cut in Medicaid would cost Wisconsin goes up, we know that interest rates equipment, ingredients, and even the approximately $200 million over 5 will also arise for families with home recipe are readily available in phar- years. Wisconsin has been a leader in mortgages, student loans, car loans, or macies, hardware stores and on the providing comprehensive health serv- credit card debt. Internet. Producers of methamphet- ices that working families need, but If this resolution is to be the blue- amine tend to be small-scale oper- how would our State be expected to ab- print for our economic policy this year, ations seeking to make only enough for sorb a cut of this magnitude and con- then we are in for another dismal year. personal use and minor sales—much tinue to provide the comprehensive I ask my colleagues to oppose this like the old alcohol stills—so that po- services people count on? This provi- budget resolution and to work together lice can’t simply choke off a major sup- sion could force cuts in critical health to craft a budget that is consistent ply by targeting a big dealer. And be- benefits, preventive benefits, dental with the values of hard working Amer- cause these clandestine operations are coverage, vision coverage, or speech ican families. usually making only small quantities, and occupational therapy. It could Mr. DASCHLE. Mr. President, as we shutting down a single meth lab does force States to limit enrollment and continue to debate the priorities of this little to limit supply. lead to an increase in the number of year’s budget resolution, I want to So law enforcement faces one of its uninsured families. It could lead to take this opportunity to discuss a most urgent and complex challenges. It higher costs for seniors enrolled in growing problem in America—one that is being asked to shut down something State prescription drug assistance pro- has had an especially devastating im- as deadly as heroin, but as easy to grams. It could limit options for long- pact on South Dakota and other rural make as bathtub gin. term care for the elderly and disabled. States. That problem is the spread of We must act to reverse this trend be- And it could lead to cuts in reimburse- methamphetamine. fore it is too late. That is why I am ment to health care providers. Over the course of the last decade, supporting amendments to the budget We should be appalled by the pros- there has been a dramatic increase in resolution that will provide needed as- pect of cuts in basic safety net pro- the trafficking and abuse of meth- sistance to rural communities in their grams like Medicaid during a time amphetamine in rural States. In fact, a efforts to combat methamphetamine. when many lower-income Americans spokesman for the Drug Enforcement Programs such as COPS, Byrne Grant, need more help. We should be espe- Agency recently stated, ‘‘Meth is now and Local Law Enforcement Block cially shocked when the cut occurs at the number one drug in rural Amer- Grants play an essential role in pro- the same time that we provide billions ica—absolutely, positively, end of ques- viding the resources for our State and in tax cuts for the wealthy. But this tion.’’ South Dakota, like many States local law enforcement officers in their budget resolution would have put $11 across the country, is struggling to efforts. billion in Medicaid cuts on a fast track find ways to combat this latest drug Just last night, on NBC nightly news, and left low-income working families, epidemic. one of the lead stories was entitled children, seniors and people with dis- Methamphetamine is highly addict- ‘‘Meth labs, a toxic threat to rural abilities out in the cold. ive, and can have devastating health America.’’ We don’t need more stories I am pleased that the Senate voted to effects, including psychotic behavior in the news to know methamphetamine reject these harmful Medicaid cuts and and brain damage, and produces with- trafficking and abuse are already a to finally begin to put this budget’s drawal symptoms of depression, anx- major problem in rural areas. There is priorities in the proper order for our iety, fatigue, paranoia, and aggression. evidence that the drug is beginning to Nation’s working families. Chronic methamphetamine use can take hold in our Nation’s urban and Mr. CHAMBLISS. Mr. President, I cause anxiety, confusion, and violent suburban areas. We must act now to rise today to speak on S. Con. Res. 95, behavior. Every year, hundreds of peo- prevent further damage. the fiscal year 2005 budget resolution. ple die from methamphetamine-related Mr. KOHL. Mr. President, yesterday I support the budget before us be- causes, and the number of admissions the Senate passed the Baucus amend- cause I believe it strikes a good bal- to treatment for methamphetamine ment to strike what would amount to ance between fiscal discipline, contin- throughout the United States in- devastating cuts to the Medicaid pro- ued tax relief, and strong support for creased from 14,554 in 1992 to 80,678 in gram. I am pleased that this amend- our military and the security of our 2001, an increase of over 500 percent. ment was adopted, and I believe it was homeland. The problem is getting worse. In 2001, an important step in correcting what I Before I expand on S. Con. Res. 95, I 10 percent of all South Dakotans who believe was a gross misplacement of would like to reflect on a few events sought State-funded inpatient treat- priorities in the Budget Resolution be- and developments that have shaped the ment services indicated that meth was fore the Senate. current landscape in America. Since the primary substance of abuse. In 2002, At the same time that this budget President Bush’s inauguration in 2001 the number grew to 17 percent. In June resolution cuts taxes for wealthier America has faced a myriad of debili- 2003, that percentage jumped to 33 per- Americans by billions of dollars, it also tating events such as: a stock market

VerDate jul 14 2003 00:15 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.125 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2697 that had been in decline since 2000 South Dakotans want to ensure that ple who depend on the Indian Health along with a recession according to our fiscal health and Social Security Service. This budget provides less than leading economists; unprecedented cor- remain sound and stable. They want 40 percent of the funding needed to pro- porate scandals; and, terrorism on men and women who have worked hard vide basic health care services to In- American soil. This triad of events was all their lives to retire with dignity. dian Country. On a per capita basis, a perfect recipe for increased unem- Since January 2001, they have watched that equals about half of what our na- ployment, a ballooning deficit and a with alarm as the Bush administration tion spends on federal prisoners’ health struggling economy. In an attempt to and Congress have spent both the budg- care. Again, I will be offering an rectify these problems, the President, et surpluses it took us so long to ac- amendment to right that indefensible in conjunction with the House and the crue and the Social Security trust wrong. Senate passed necessary sweeping tax funds that, only a few years ago, both South Dakotans value clean water. reform that has helped right the stock political parties declared untouchable. The President’s budget and this budget market, reduce unemployment and This budget exacerbates that dismal resolution shortchange critical drink- pave the way to sustained economic situation, and I will be supporting an ing water projects, as well as basic growth in the future. amendment to protect Social Security water and sewer services for rural com- While these past legislative accom- for generations to come. munities. Throughout this year’s budg- plishments were essential and have South Dakotans want America’s vet- et and appropriations processes, I will produced phenomenal results such as; erans to be treated with dignity, too. be working to restore those funds. gross domestic product, GDP, in the They want us to honor our commit- South Dakotans value their forest third quarter last year grew at the ments to them and ‘‘care for him who land and want to protect it. Last De- fastest quarterly rate in two decades, shall have borne the battle and for his cember, Congress and the administra- unemployment has dropped drastically widow and orphan.’’ Here again, this tion enacted the Healthy Forests Res- and the combined value of the New budget fails. Nearly 60,000 veterans are toration Act to authorize funds for haz- York Stock Exchange, NYSE, and the on waiting lists for care at VA hos- ardous fuels reduction in our national NASDAQ has increase 40 percent. And pitals. When our troops fighting in Iraq forests. The President’s budget we need to do more to assure this un- and Afghanistan return home, the lines underfunds that program, leaving our precedented growth continues. That is could get even longer. But despite the forests vulnerable and many commu- why this budget rejects tax increases extraordinary sacrifices our soldiers nities at high risk of devastating fire. on working families, maintains tax re- have made for us, the Republican budg- These funds must also be restored. lief for married couples and maintains et offers veterans only longer waits and South Dakotans believe that the the 10-percent income tax rate for low- higher fees. I will be offering an communities that put food on our table wage workers. In addition to maintain- amendment to fully fund veterans’ deserve our gratitude and a fair chance ing tax relief, this budget, in order to health care. to maintain their way of life. The allow for continued economic pros- South Dakotans believe the men and President’s budget and this budget res- perity, holds the line on spending and women of the National Guard and Re- olution cut essential conservation and cuts the deficit in half in merely three serves should have the right to come rural development programs and short years. This reduction in spending home to health care, too. That is why threaten the economic future of rural and exercise in fiscal discipline will I will be offering an amendment to communities. I will be working to re- help curb our towering deficit. allow those without health insurance store those funds, too. The United States has also made to purchase TRICARE coverage when This budget, like all budgets, is bounding leaps in the war on terrorism. they return from active duty. The about more than numbers. It is about In the past year alone, the United amendment would give Guard members choices. It is about priorities. And from States has toppled two evil regimes, in and reservists permanent access to the looks of this budget, our priorities Afghanistan and Iraq, rid the world of TRICARE coverage for themselves and are all wrong. Iraq’s weapons programs, and captured their families. Our Nation is at war, our economy is Saddam Hussein. The Budget com- South Dakotans feel the pain of low flagging, our schools are struggling, mittee sent to the floor an increase in wages, high unemployment, and Amer- our people are going without health defense funding of $20 billion. After ican jobs going overseas. That is why I care, and our government is facing agreeing to Senator WARNER’s amend- will be supporting an amendment to record deficits as far as the eye can see. ment, of which I was a cosponsor, the encourage job creation, discourage But despite the tremendous challenges Senate has increased military funding shipping American jobs overseas, and our nation faces, this budget by $27 billion for 2005 to make sure provide dislocated workers the assist- inexplicably proposes a staggering $1.3 troops have the resources necessary to ance they need. South Dakotans want trillion in new tax breaks, primarily continue to fight this war on terrorism their children to have a world-class for the wealthiest among us. and protect and defend our interests education. They believe that, in that South Dakotans have a different set around the world. In addition to pro- effort, we should leave no child behind. of priorities. In the course of this de- viding funding for our military, this Even if that child lives in a small, bate, I plan to support a series of budget also takes into account the im- rural school district. Even if that child amendments that aim to reflect those portance of adequately providing fund- lives on an Indian reservation. The No priorities. The amendments will offer a ing to secure our home front by in- Child Left Behind Act said, if you hold strategy to repair our fiscal problems, creasing homeland security funds by $4 our students to higher standards, we keep our promises, and prepare our billion over last year’s level. will guarantee you the funding to meet country for the challenges of the fu- With our renewed economic growth those standards. Schools are holding up ture. and Congress’ diligent efforts to focus their end of the bargain, but the Presi- Each amendment will fix a glaring spending on only our essential prior- dent and this budget are not. I will sup- weakness in this budget and each will ities, we can continue this economic port an amendment to make good on be fully paid for. In fact, most will ac- prosperity and secure America at home our national promise and fully fund the tually reduce the deficits that Repub- and abroad. No Child Left Behind Act, including lican budgets have created. And they Mr. DASCHLE. Mr. President, as we the Rural Education Assistance Pro- will reflect the priorities of South Da- debate the fiscal year 2005 budget reso- gram. kotans, who, like virtually all other lution before us, each of us is obligated South Dakotans believe we should Americans, expect us to make respon- to measure the budget against our also make good on our promises to Na- sible choices. State and national priorities. Monday I tive Americans. In that regard, and in Mrs. FEINSTEIN. The Federal budg- talked about the many ways this budg- so many areas, our Government has et deficit will reach a record $477 bil- et shortchanges the Nation’s priorities. fallen short. Perhaps the most flagrant lion this year, according to figures re- Today I want to focus on the ways the violation of our commitment to Native leased in February by the Congres- budget shortchanges South Dakota’s Americans is our failure to provide es- sional Budget Office. And, if you be- priorities. sential health care services to the peo- lieve the President’s own numbers, the

VerDate jul 14 2003 00:15 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.110 S11PT2 S2698 CONGRESSIONAL RECORD — SENATE March 11, 2004 budget deficit will come in at $521 bil- Our Nation was poised to deal with trol. I have no problem holding the line lion this year. This is a stunning turn- these crises at the end of the Clinton on spending, but believe that it must around from 3 years ago, when the administration. In 1998, the 30-year be done in the context of a more re- budget was in surplus. But this is just trend of deficit spending had been re- sponsible approach to tax policy. the tip of the iceberg. Over the next 10 versed, and we paid off $448 billion of Finally, we need to take a good, hard years, the deficit is projected to grow the Nation’s publicly held debt. This look at Social Security and Medicare, to $5.5 trillion—another record. opportunity, however, has been lost. and start addressing some of the deeper Deficits do matter, and unless we Not only have we failed to shore up the structural problems with these pro- face up to them, they could seriously Social Security and Medicare trust grams now—before they fall into crisis. harm our Nation’s economy. Here is funds, but we are also tapping the So- These are not easy answers. But hold- why: cial Security trust fund to pay our ing off on additional tax cuts, bringing First, deficits mean increased spend- bills—to the tune of $164 billion this spending under control, and dealing ing on interest instead of priorities. In year alone. with Social Security and Medicare is the short term, deficits can help stimu- So what do we do? the only path to long term fiscal order, late the economy or pay for emergency One possibility is to simply continue a balanced budget, and a healthy and spending. But in the long term, they along our current path and pass our vibrant economy. limit our Nation’s ability to fund much problems on to our children and grand- The PRESIDING OFFICER. The ma- needed priorities. This means less children. In fact, the budget resolution jority leader. money for education, less money for we are dealing with today raises the UNANIMOUS-CONSENT AGREEMENT—EXECUTIVE environmental protection, and less federal debt ceiling by $644 billion—es- CALENDAR money for health care. The administra- sentially borrowing from future gen- Mr. FRIST. Mr. President, as in exec- tion—largely because of the projected erations because we are unable to mus- utive session, I ask unanimous consent deficits—has pledged to limit spending ter the political will necessary to pay that following the vote on the adoption on domestic programs this year to 1 today’s obligations today. of the budget resolution, the Senate So I strongly believe that the time percent growth. proceed to executive session and to The budget before the Senate today has come to chart a different course, consecutive votes on the following reflects these constraints by: failing to and make the tough choices that the nominations on today’s Executive Cal- reimburse state and local governments President and this budget resolution endar: Calendar Nos. 562 and 565. for the federal responsibilities in pay- avoid making. We must adopt a bal- ing for the incarceration of illegal im- anced approach to both taxes and I further ask unanimous consent that migrants; reducing the effectiveness of spending and return to a program of following the votes, the motions to re- our police officers by cutting almost fiscal sanity. This is what we did when consider be laid upon the table, the $700 million from the COPS program; I first came to the Senate over a dec- President be immediately notified of cutting almost $250 million from fire- ade ago. At that time, a small, bipar- the Senate’s action, and the Senate fighter grants; underfunding No Child tisan group of Senators came together then return to legislative session with Left Behind by $8.9 billion; and under- to get our fiscal house in order. Demo- no intervening action or debate. funding Port Security by more than crats worked to bring spending under The PRESIDING OFFICER. Is there $550 million. These are not frivolous or control. And Republicans pledged not objection? unimportant programs: these are vital to push for additional tax cuts. Today, Mr. LEAHY. Reserving the right to priorities that must be funded. we must come together again to ad- object, and I shall not object, I ask the Last year we spent $318 billion in in- dress the deficit and restore our Na- distinguished leader if he would amend terest on the national debt alone. Our tion’s economic security. his unanimous consent request for it to total non-defense discretionary spend- On taxes, I believe that we must con- be in order to ask for the yeas and nays ing last year was only modestly larger, sider rolling back the tax cut on the at this point. coming in at $421 billion. Every dollar wealthiest in the Nation, to bring the Mr. FRIST. Mr. President, what we of that $318 billion was money that income tax rate from its current 35 per- are doing, so people will stay for an- could have been available for edu- cent back up to 38.6 percent—what it other 15 minutes or so, is we are going cation, healthcare, defense, infrastruc- was just last year. This will affect to act on 2 of the 12 judges who were re- ture, job development, homeland secu- those who earn more than $312,000 per ported by the Judiciary Committee rity—or to return to the American peo- year. And, will impact less than one last Thursday. The judges have been ple as tax cuts, if we had paid down the percent of American taxpayers, but cleared on our side and are ready to debt. will save nearly $130 billion over the have a voice vote on each nomination. Second, deficits lead to interest rate next decade. Making the President’s I understand there is going to be a re- increases. We have been fortunate in tax cuts permanent, as he called for in quest for a rollcall vote from the other recent years; interest rates and infla- his State of the Union Address, rep- side of the aisle. If no one requests tion have remained low. But as the resents the height of fiscal irrespon- such a vote, I will be prepared to an- economy picks up, the downward pres- sibility. In fact, the Tax Policy Insti- nounce that the vote on adoption of sure on interest rates will be relieved tute estimates the cost of making the budget resolution be the final vote and the impact of deficits will be felt. these tax cuts permanent would cost prior to the recess, but if votes are This will add huge expenses to variable $1.8 trillion over ten years—$1.8 trillion needed on the judges, then Senators home mortgages and auto loans. An in- at just the time that baby boomers will should be prepared to stay for these crease of just 1 percent would add $2,000 start retiring and Social Security and two rollcall votes. per year to the cost of a $200,000 home Medicare need to be stabilized. Mr. LEAHY. Mr. President, again re- mortgage. This is more than the major- The tragedy of our current cir- serving the right to object, there will ity of American taxpayers will receive cumstance is that, given the surpluses be a request for a rollcall vote, and I from the President’s latest tax cut. he inherited, President Bush should assume the leader would join in that, Third, deficits prevent us from ad- have the resources available to devote that there would be a request for a roll- dressing the looming Social Security additional spending to healthcare, edu- call vote on the two judges, 10-minute and Medicare crises. This is an issue cation, and the environment. But the rollcall votes so we are only here for 11 that is not addressed in this budget wrong policies, at the wrong time, minutes, and everybody will be out on resolution. We can not continue to combined with the war on terror, esca- the second one. I only ask to protect avoid it forever. The retirement of the lating the 2001 tax cuts, and now mov- my rights to ask for those rollcall baby boomers will place a tremendous ing to make them permanent, plus the votes. strain on our social safety net. In fact, recession, have contributed toward the Mr. FRIST. Mr. President, it looks as if we do not address the problem, the largest budget deficit in history. if we will have final passage, and then Medicare trust fund will go broke by And now, the fact of the matter is we will have two rollcall votes. For the year 2030, and the Social Security that we are going to need to tighten scheduling what will come, I announce trust fund by 2040. our belts and bring spending under con- that we will be in session tomorrow

VerDate jul 14 2003 00:15 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.265 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2699 briefly to finish clearing some legisla- NAYS—45 The assistant journal clerk called the tion, but we will not have rollcall votes Akaka Dodd Levin roll. tomorrow. Baucus Dorgan Lieberman Mr. MCCONNELL. I announce that Bayh Durbin Lincoln the Senator from Colorado (Mr. CAMP- We are also attempting to clear addi- Biden Feingold Lott tional executive nominations, includ- Bingaman Feinstein Mikulski BELL) and the Senator from New Mex- ing Mark McClellan to be Adminis- Boxer Graham (FL) Murray ico (Mr. DOMENICI) are necessarily ab- trator of the Centers for Medicare and Breaux Harkin Nelson (FL) sent. Byrd Hollings Nelson (NE) Mr. DASCHLE. I announce that the Medicaid Services. Following Friday’s Cantwell Inouye Pryor session, we will reconvene on Monday, Carper Jeffords Reed Senator from North Carolina (Mr. ED- March 22. I previously announced there Clinton Kennedy Rockefeller WARDS), the Senator from Vermont Conrad Kohl Sarbanes (Mr. JEFFORDS), the Senator from will be no rollcall votes on that day. Corzine Landrieu Schumer South Dakota (Mr. JOHNSON), the Sen- However, we will resume consideration Daschle Lautenberg Stabenow of the FSC/ETI bill on that day. I will Dayton Leahy Wyden ator from Massachusetts (Mr. KERRY), and the Senator from Connecticut (Mr. have more to say on that in closing NOT VOTING—4 later tonight. LIEBERMAN) are necessarily absent. Edwards Kerry I also announce that the Senator Having said that, following the last Johnson Reid from Nevada (Mr. REID) is absent at- vote tonight, the next vote will occur The concurrent resolution (S. Con. tending a funeral. on Tuesday, March 23. We will go to Res. 95) was agreed to. The PRESIDING OFFICER. Are there final passage now, and then two roll- (The concurrent resolution will be any other Senators in the Chamber de- call votes on the judges. printed in a future edition of the siring to vote? The PRESIDING OFFICER. Is there RECORD.) The result was announced—yeas 92, objection to the unanimous consent re- Mr. CRAIG. Mr. President, I move to nays 0, as follows: quest? Without objection, it is so or- reconsider the vote. [Rollcall Vote No. 59 Ex.] dered. Mr. FRIST. I move to lay that mo- YEAS—92 The Senator from North Dakota. tion on the table. Akaka DeWine Lugar Mr. CONRAD. Mr. President, before The motion to lay on the table was Alexander Dodd McCain we conclude, I again thank the chair- agreed to. Allard Dole McConnell man of the Budget Committee. I also The PRESIDING OFFICER. The ma- Allen Dorgan Mikulski Baucus Durbin Miller thank his excellent staff: Hazen Mar- jority leader is recognized. Bayh Ensign Murkowski shall, Stacey Hughes, and Beth Felder, f Bennett Enzi Murray who worked closely with us through Biden Feingold Nelson (FL) these difficult days. ORDER OF PROCEDURE Bingaman Feinstein Nelson (NE) Bond Fitzgerald Nickles Mr. FRIST. Mr. President, through Boxer Frist I say to our side, I urge you to vote Pryor Breaux Graham (FL) no on this budget resolution. It adds the Chair, I ask the Senator from Reed Brownback Graham (SC) Vermont if he would consider making Roberts $2.86 trillion to the national debt. I do Bunning Grassley Rockefeller not see any cutting of the deficit in one of the two—I think the judge from Burns Gregg Arizona—Calendar No. 565, a voice Byrd Hagel Santorum half in 3 years or 4 years or 5 years Sarbanes under this budget resolution. Instead, I vote? Cantwell Harkin Carper Hatch Schumer see it adding to the deficit each and Mr. LEAHY. I tell my distinguished Chafee Hollings Sessions every year by an additional $177 bil- friend from Tennessee, I have talked Chambliss Hutchison Shelby lion. I urge my colleagues to vote no. with the Senator from Arizona and he Clinton Inhofe Smith has no objection to that. Cochran Inouye Snowe The PRESIDING OFFICER. All time Coleman Kennedy Specter is yielded back. The question is on I will ask for the yeas and nays on Collins Kohl Stabenow agreeing to S. Con. Res. 95, as amend- the first one. I am perfectly content to Conrad Kyl Stevens ed. The yeas and nays have been or- have a voice vote on the second one. Cornyn Landrieu Sununu Corzine Lautenberg Talent dered. The clerk will call the roll. f Craig Leahy Thomas The legislative clerk called the roll. EXECUTIVE SESSION Crapo Levin Voinovich Mr. DASCHLE. I announce that the Daschle Lincoln Warner f Dayton Lott Wyden Senator from North Carolina (Mr. ED- NOT VOTING—8 WARDS), the Senator from South Da- NOMINATION OF LOUIS GUIROLA, kota (Mr. JOHNSON), and the Senator JR., OF MISSISSIPPI, TO BE Campbell Jeffords Lieberman UNITED STATES DISTRICT Domenici Johnson Reid from Massachusetts (Mr. KERRY) are Edwards Kerry necessarily absent. JUDGE FOR THE SOUTHERN DIS- TRICT OF MISSISSIPPI The nomination was confirmed. I also announce that the Senator The PRESIDING OFFICER. Under from Nevada (Mr. REID) is absent at- The PRESIDING OFFICER. Under the previous order, the motion to re- tending a funeral. the previous order, the Senate will pro- consider is laid upon the table and the The PRESIDING OFFICER. Are there ceed to executive session to consider President shall be immediately noti- any other Senators in the Chamber de- the nomination, which the clerk will fied of the Senate’s action. siring to vote? report. f The result was announced—yeas 51, The assistant journal clerk read the nays 45, as follows: nomination of Louis Guirola, Jr., of NOMINATION OF NEIL VINCENT [Rollcall Vote No. 58 Leg.] Mississippi, to be United States Dis- WAKE, OF ARIZONA, TO BE trict Judge for the Southern District of UNITED STATES DISTRICT YEAS—51 Mississippi. JUDGE FOR THE DISTRICT OF Alexander DeWine McConnell ARIZONA Allard Dole Miller Mr. LEAHY. I ask for the yeas and Allen Domenici Murkowski nays. The PRESIDING OFFICER. Under Bennett Ensign Nickles The PRESIDING OFFICER. Is there a the previous order, the Senate will now Bond Enzi Roberts sufficient second. Brownback Fitzgerald Santorum move to the nomination of Neil Vin- Bunning Frist Sessions There appears to be a sufficient sec- cent Wake to be United States District Burns Graham (SC) Shelby ond. Judge for the District of Arizona. Campbell Grassley Smith The question is, Will the Senate ad- The question is, Will the Senate ad- Chafee Gregg Snowe Chambliss Hagel Specter vise and consent to the nomination of vise and consent to the nomination of Cochran Hatch Stevens Louis Guirola, Jr., of Mississippi, to be Neil Vincent Wake, of Arizona, to be Coleman Hutchison Sununu United States District Judge for the United States District Judge for the Collins Inhofe Talent Southern District of Mississippi? The Cornyn Kyl Thomas District of Arizona? Craig Lugar Voinovich yeas and nays have been ordered, and The nomination was considered and Crapo McCain Warner the clerk will call the roll. confirmed.

VerDate jul 14 2003 00:15 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.251 S11PT2 S2700 CONGRESSIONAL RECORD — SENATE March 11, 2004 The PRESIDING OFFICER. Under life. He was highly decorated—with the George and its surrounding areas with the previous order, the motion to re- Purple Heart, the Bronze Star with a V people she meets each day. consider is laid upon the table, and the for valor, and the Silver Star—during Jeannine’s love and loyalty for the President shall be immediately noti- the Korean War, during which he lost a republican philosophy has been evident fied of the Senate’s action. leg. in the many years she has served pro- moting the ideals and values of the Re- f Aware of that bravery and personal strength, Sargent Shriver reached out publican party. She has literally do- LEGISLATIVE SESSION to Mike O’Callaghan to make him a nated thousands of hours working for The PRESIDING OFFICER. Under point man in President Kennedy’s and candidates, and campaigns who share the previous order, the Senate will re- President Johnson’s fight against pov- her commitment to Republican prin- turn to legislative session. erty. ciples. For 20 years she has served as The PRESIDING OFFICER. The ma- Also aware of that bravery and the vice chairwoman of the Washington jority leader strength of character, the people of Ne- County Republican Party, a position vada made him their Governor from she has undertaken with distinction f 1971 to 1979. and honor. MORNING BUSINESS It was HARRY REID’s awareness of Jeannine was also one of the found- ing members of the Women’s Con- Mr. FRIST. Mr. President, I ask O’Callaghan’s bravery and character that led me, with great pride, to rec- ference in Dixie, a conference which unanimous consent that the Senate brings together hundreds of women now proceed to a period of morning ommend him just last month to serve on the Veterans Benefit Commission. each year from all over southern Utah business, with Senators permitted to to discuss important issues affecting speak for up to 10 minutes each. Governor O’Callaghan died last Fri- day morning doing what he did each the health and well-being of women The PRESIDING OFFICER. Without and families. From its inception 18 objection, it is so ordered. and every morning of his life attending daily mass before he went to work at years ago to today, this conference has f the Las Vegas Sun. He also fought for established itself as an important forum for women from all over south- PROPOSALS FOR SAFE RE- the poor and the disenfranchised—from Korea to Nicaragua to Nevada—each ern Utah to attend and enjoy. IMPORTATION OF PRESCRIPTION In addition to the service she has DRUGS and every day of his life. While we are saddened by the loss of rendered in the community and on my Mr. FRIST. Mr. President, I an- Mike O’Callaghan, we can take comfort staff, Jeannine is a loving wife to her nounce for the information of my col- in the knowledge that his generosity of husband Stan. They have worked side- leagues that, in consultation with the spirit, his strength of character, and by-side for many years on projects ben- chairman of the Senate Committee on his devotion to his State and country efitting their community and have Health, Education, Labor, and Pen- will not soon be forgotten, and that his buoyed each other up through life’s sions, Senator DORGAN, Senator values and commitment to public serv- twists and turns. Jeannine is also a STABENOW, Senator MCCAIN, Senator ice live on in our colleague, and his loving mother of 3 and grandmother of COCHRAN, and other interested Sen- 6. close friend, HARRY REID. ators, the Senate will begin a process I am grateful for the service that for developing proposals that would f Jeannine Holt has given to me, to her allow for the safe reimportation of TRIBUTE TO JEANNINE HOLT community and to the State. She has FDA-approved prescription drugs. Mr. HATCH. Mr. President, I am been by my side for many years and has always been a vital component of f grateful for the opportunity today to pay tribute to a wonderful woman, my Senate organization. I will miss her MIKE O’CALLAGHAN: A TRUE dedicated public servant, and loyal tremendously but know that life holds PATRIOT staff member—Mrs. Jeannine Holt. many wonderful things for her to savor Mr. DASCHLE. Mr. President, I rise Jeannine has been my Southern Utah and enjoy. Jeannine Holt is a dedicated public servant, fervently patriotic to bring to the attention of my col- Area Director for 27 years, and is now American, and loyal and cherished leagues the passing of a true American retiring to enjoy the many wonderful friend. I want to wish her the very best patriot and hero—Mike O’Callaghan. things that life has to offer. Jeannine in retirement and pray for her contin- While I mourn Governor O’Callaghan’s has done a tremendous job in serving ued good health, success and happiness. passing, I am heartened that we here in thousands of Utahns who needed assist- this Chamber will continue to feel the ance, direction, or just a listening ear. f impact of this great man through the Jeannine has worked on many impor- SCIENCE AND TECHNOLOGY service of his protege and former stu- tant issues affecting our State includ- Mr. DASCHLE. Mr. President, this dent—Assistant Democratic Leader ing lands issues, private property Nation has always been driven forward HARRY REID. rights, and health care. In recent years by a passion for discovery and a sense The essence of Governor O’Callaghan she played a pivotal role in helping of adventure. From our earliest days as is perhaps best captured by an effort he southern Utah citizens receive com- a nation, these deeply rooted American undertook in Nicaragua in 1996. He was pensation from the government for ex- qualities have spurred our determina- in that war-torn country to observe posure to radiation. Her guidance has tion to explore new scientific frontiers elections that would mark its first ever helped literally hundreds of radiation and sparked our entrepreneurial spirit peaceful transition of power between exposure victims and their families of technological innovation. We know democratically elected presidents. navigate the complicated process to re- in our very fiber that America’s At 66, Governor O’Callaghan could ceive some financial relief for the strength, prosperity, and global pre- have asked to observe elections in the awful illnesses many have experienced. eminence depend directly on scientific nation’s capital or its second city, but Jeannine is a real southern Utah research and technological innovation. he insisted on going north to the Hon- ‘‘treasure.’’ She has always been an in- This is not conjecture. The scientific duran border to observe elections tegral force in her community serving and economic record of the past half- among some of the most marginalized on various boards and committees in- century constitutes overwhelming people in a country of marginalized cluding the Dixie State College Board proof. Yet, today, our scientific people. He had to go there in a battered of Trustees, the State Fair Board, the progress, and the high-tech, high-wage truck over rained out roads because, he St. George Chamber of Commerce jobs it creates, are at risk because the said, these were his people whom he Board, and on the Rotary Bowl Com- Bush administration is failing to sus- had gotten to know in the 1980s, and he mittee. In addition, she has actively tain America’s commitment to basic wanted to be with them as they cele- and energetically promoted the tour- research. brated the democracy they had earned. ism industry in Utah’s Dixie and has The Federal Government has seen its That determination and generosity of shared her love for the red rock can- research and development, R&D, in- spirit marked Governor O’Callaghan’s yons and sun-drenched lands of St. vestments steadily decline as a share of

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.253 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2701 the U.S. economy, bringing the federal will ripple throughout our economy, This is not real science. This is investment down to levels not seen dragging down productivity and slow- ‘‘vending machine science.’’ The ad- since the midsixties. Federal R&D has ing job creation. ministration thinks it can pull a lever declined in dollar terms over many The administration’s disregard for and get the results it wants. For the years, and even in years when the in- science extends beyond budgetary sake of short-term political gain, the vestment has increased, it has declined choices. Just last month, the Union of administration is basing its decisions sharply relative to our economic Concerned Scientists released a report on weak science. As a result, it is put- growth rate, barely keeping pace with charging that the White House has sys- ting at risk America’s economic inflation. Physical sciences, math, and tematically undermined the spirit of strength, our future prosperity, and engineering have been particularly af- objective science. The report states our health and safety. fected. that the Bush administration ‘‘has sup- That is why increasing numbers of Unfortunately, the administration’s pressed or distorted the scientific anal- leaders in government, industry, and R&D budgets only worsen this trend. yses of federal agencies to bring these academia—all concerned about sus- Although Federal funding is set to in- results in line with administration pol- taining U.S. leadership across the fron- crease 4.7 percent, nearly all of that in- icy.’’ tiers of scientific knowledge—are be- crease would go to only two Depart- Time and again, the administration ginning to question whether the United ments—the Departments of Defense is choosing politics over rational States is starting to lose its edge in and Homeland Security—for the devel- science. basic scientific research. They worry South Dakotans know what this is opment of weapons systems and that the Bush administration, by un- like. The Missouri River is part of the counterterrorism technology. These dercutting scientific research in key cultural and economic heart of our are necessary investments that will areas, has lost sight of the importance State. In recent years, a broad sci- make our Nation safer. But the re- of long-term investments that help cre- entific consensus has developed that maining Federal R&D investments, ate the necessary conditions for pros- mismanagement by the Army Corps of which generate new knowledge, im- perity. They worry that this failure of Engineers is harming the Missouri prove healthcare, and protect the envi- intellectual leadership will erode the River, and that the flow of the river ronment, will actually shrink. high standing American science has should be restored to a more natural This failure to adequately invest in achieved in the past half-century. state to protect the ecology and habi- America’s research portfolio is taking Their apprehension is well justified. tat of endangered species. Just last a toll on the work of America’s sci- The pace of scientific discovery is year, an analysis by the top scientists entists, and it will affect the lives of quickening. Research is more impor- at the administration’s Fish and Wild- all Americans. In my home State of tant to the day-to-day lives of Ameri- life Service confirmed this consensus. South Dakota, the Earth Research Ob- cans than ever before. Cutting back on And yet the administration set aside servation System does work that helps research at the dawn of this new cen- the scientists’ report, replaced the sci- us become more responsible stewards of tury would be like cutting our defense entists with another panel more to its budget at the height of World War II. the environment, while increasing the liking, and today continues to fight Leadership across the frontiers of sci- yields of farmers all over the world. court orders requiring more responsible entific knowledge is not merely a cul- But this research is being endangered stewardship. tural tradition of our Nation; today, it because of the administration’s severe The St. Louis Post-Dispatch recently is an economic and security impera- budget cuts. ran an editorial saying, ‘‘As purges go, You don’t need to be a rocket sci- tive. this one has Stalinesque subtlety.’’ We must ensure that America re- entist to figure out why funding is And that is from a leading newspaper mains at the epicenter of the ongoing being cut for nearly all nondefense in the area that supposedly would ben- revolution in scientific research and basic-science and technology programs. efit economically from the Corps’ deci- technological innovation that gen- These vital investments in America’s sion. erates new knowledge, creates new future are being cut to provide enor- The White House’s 2001 report on jobs, and builds new industries. By sus- mous tax breaks for large corporations global warming is another troubling taining our investments in funda- and the wealthy elite. This is short- case study in the politicization of mental research, we can ensure that sighted, and it is dangerous. The Presi- science. When the science pointed to America remains at the forefront of dent’s own science advisors warn that the fact that fossil fuel production and scientific capability, thereby enhanc- Federal support for physical sciences consumption contributes to global ing our ability to shape and improve and engineering is dropping, while U.S. warming, the White House deleted that our Nation’s future and the world’s fu- student enrollment in those disciplines finding from the report. In its place, ture. also continues to fall. Reversing these they inserted a reference to an oppos- f trends is crucial to our Nation’s future. ing study that was financed by the We are on the verge of a new indus- American Petroleum Institute. When- DETENTION OF ENEMY COMBAT- trial world order. Already, almost any ever the administration has had the op- ANTS IN THE WAR ON TERROR service that can be delivered in bits portunity, it has stacked the deck by Mr. WARNER. Mr. President, as and bytes and does not require face-to- staffing research boards and advisory elected representatives of the Amer- face interaction with customers is up councils with researchers who have ican people, Senators seek to ensure for grabs. The big winners in the in- shown allegiance to the White House’s that the U.S. Government protects the tense global struggle for economic pre- political goals. American people from international dominance will not be those who sim- Just last week, the President dis- terrorism. We seek also to ensure that ply produce products cheaper and fast- missed two advisers from his Council the cherished liberties of the American er than their competition. The big win- on Bioethics because of their positions people are preserved, and to keep the ners will be those countries that nur- on stem cell research. And last month, people as fully informed as possible, as ture the talent, discover the tech- HHS Secretary Tommy Thompson ad- we fight the war on terror. niques, and invent the tools so ad- mitted that his agency had made a On February 24, 2004, the Counsel to vanced there is no competition. mistake in altering the conclusions of the President of the United States, Unfortunately, measured in terms of scientists who found significant and former Texas Supreme Court Judge the number of scientific publications, pervasive racial disparities in health Alberto R. Gonzales, addressed the science is growing faster in the Euro- care in the United States. I am pleased Standing Committee on Law and Na- pean Union than in the U.S., according that this ‘‘mistake’’ has been rectified, tional Security of the American Bar to 15 key indicators related to human but concerned that it only happened Association. Judge Gonzales discussed resources, investment, and scientific after an investigation uncovered that the legal basis for detention of enemy productivity. This ought to raise red the Department had altered scientific combatants in the war on terror, in- flags for all of us. Economic growth fol- conclusions in order to downplay the cluding U.S. citizens Yaser Hamdi and lows scientific discovery, and if Amer- problem of unequal health care for mi- Jose Padilla. His address set forth de- ica falls behind in science, the fallout norities. tails of the decisionmaking steps that

VerDate jul 14 2003 00:15 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.204 S11PT2 S2702 CONGRESSIONAL RECORD — SENATE March 11, 2004 resulted in the detention of Messrs. In response to this ongoing threat, Presi- in response to the September 11th attacks Hamdi and Padilla as enemy combat- dent Bush, like other Presidents during recognizing the right of states to act in self- ants. The U.S. Supreme Court has ac- times of war, has taken strong, sometimes defense; not by members of NATO, or the Rio difficult, action to protect American lives or ANZUS treaties, all of which unanimously cepted the cases of Messrs. Hamdi and and preserve the long-term survival of this invoked their treaty clauses regarding col- Padilla for review during its current country. lective defense from armed attack; and not term. A few people—probably some in this audi- by the United States Congress, which acted So that all my colleagues and the ence—are uncomfortable with the balance to support the President’s use of all nec- American public may be informed on struck by this Administration between pro- essary and appropriate military force this important matter, I ask unani- tecting our country and preserving our free- against al Qaeda. mous consent that the address by doms. They are uneasy with the idea of ap- Second, the President is determined to win Judge Gonzales be printed in the plying the law of war to the enemy combat- this war and has directed that all instru- ants waging war against this country, in- ments of national power be directed to this RECORD. cluding enemy combatants who are Amer- new type of enemy. Because the threat is not There being no objection, the mate- ican citizens. Citing the necessity of pro- only against our military abroad, but also rial was ordered to be printed in the tecting our reputation in the international against civilians here, the Department of RECORD, as follows: community, our critics insist that these Justice and the Department of Homeland Se- combatants should receive the benefit of the curity share responsibility with the Depart- REMARKS BY ALBERTO R. GONZALES, COUNSEL rules and procedures of our criminal justice ment of Defense for the successful prosecu- TO THE PRESIDENT system, those tried and true methods that tion of this war. To suggest that an al Qaeda AMERICAN BAR ASSOCIATION, STANDING COM- we use to deal with criminals such as car member must be tried in a civilian court be- MITTEE ON LAW AND NATIONAL SECURITY thieves and drug dealers. They demand that cause he happens to be an American citizen— In 1862, President Abraham Lincoln com- our judges—even though untrained in exe- or to suggest that hundreds of individuals posed a letter to Eliza P. Gurney in which cuting war plans—have a substantive role in captured in battle in Afghanistan should be the President considered how God could the war decisions of the Commander-in- extradited, given lawyers, and tried in civil- allow the horrors of the Civil War to occur. Chief. ian courts—is to apply the wrong legal para- In his correspondence, our 16th President In spite of the massive and horrific loss of digm. The law applicable in this context is wrote: life on September 11th, the skeptics assert it the law of war—those conventions and cus- ‘‘We must believe He permits it [this war] is obvious that America is not at war, much toms that govern armed conflicts. for some purpose of his own, mysterious and less engaged in warfare on American soil. In Under these rules, captured enemy combat- unknown to us; and though with our limited their view, it is obvious that every American ants, whether soldiers or saboteurs, may be understanding we may not be able to com- citizen—even a citizen who, as a member of detained for the duration of hostilities. They prehend it, yet we cannot but believe, that a terrorist group, wages war against our sons need not be ‘‘guilty’’ of anything; they are he who made the world still governs it.’’ and daughters—is entitled to be] dealt with detained simply by virtue of their status as Lincoln’s faith would not permit him to solely according to the rules and presump- enemy combatants in war. This detention is doubt that the specter of American sons kill- tions of the criminal justice system, includ- not an act of punishment but one of security ing American sons was providential. Many ing the right to counsel, the right to remain and military necessity. It serves the impor- Americans surely had similar thoughts silent, and the general right to judicial su- tant purpose of preventing enemy combat- about God’s plan as we watched American pervision of their detention. It is obvious, ants from continuing their attacks. Thus, Airlines Flight 11, and then United Airlines they say, that foreign fighters, captured the terminology that many in the press use Flight 175, slam into the Twin Towers of the overseas and detained by our military out- to describe the situation of these combatants World Trade Center on the morning of Sep- side the United States, have a right to chal- is routinely filled with misplaced concepts. tember 11th. On that day, America was sub- lenge, in our civilian courts, the scope and To state repeatedly that detainees are being jected to a brutal and treacherous attack by terms of their detention. ‘‘held without charge’’ mistakenly assumes an enemy that had declared war on our soci- Respectively, these propositions are not at that charges are somehow necessary or ap- ety. all obvious as a matter of law; to the con- propriate. But nothing in the law of war has Whether consciously or not, we all realized trary, they lack any valid foundation in do- ever required a country to charge enemy on September 11th that some things would mestic or international law. The Administra- combatants with crimes, provide them ac- never be the same. We all realized that the tion’s detractors fundamentally misunder- cess to counsel, or allow them to challenge country now faced an unprecedented threat stand the nature of the threat this country is their detention in court—and states in prior that, in ways yet to be known, would alter facing. America confronts a lethal but unfa- wars have generally not done so. the way we live our lives and would alter the miliar enemy, sometimes hidden here in our It is understandable, perhaps, that some way the government goes about protecting neighborhoods, waiting to hurt innocent peo- people, especially lawyers, should want to af- American lives. Over time, some of the ways ple. Our enemies are not constrained by ci- ford the many due process protections that September 11th has changed our lives have vilian authority or by any government. Nor we have grown accustomed to in our crimi- become routine—such as the longer security are they inhibited by ordinary human con- nal justice system to the individuals cap- screenings we all now build into plans when cerns for their own safety or lives. Some are tured in our conflict with al Qaeda. It has we are going to the airport. In part because fanatics who believe their greatest power can been many years, fortunately, since the these changes have become routine, and par- lie precisely in their disregard for human life United States has been in a conflict that ticularly because there have been, thank- and their willingness to resort to indiscrimi- spans the globe, where enemy combatants fully, no subsequent attacks on American nate violence, as we witness nearly every have been captured attempting to attack our soil, some may be tempted to become com- day in bombings and shootings around the homeland. But the fact that we have not had placent, and may no longer be concerned world. They do not love liberty, they do not occasion to apply the well-established laws about future acts of terrorism. respect law, they do not cherish life. of war does not mean that they should be But we should make no mistake about it: Certain propositions are, in my view, clear. discarded. The United States must use every Despite our successes in capturing many al First, the brutal attacks of September 11th— tool and weapon—including the advantages Qaeda leaders, in destroying their base of op- which killed nearly three thousand people presented by the laws of war—to win the war erations in Afghanistan, and in preventing from more than ninety countries—were not against al Qaeda. domestic attacks, the threat posed by al only crimes but acts of war. Since at least Within this framework, today I would like Qaeda is still very real. Al Qaeda is a fluid, that day, the United States has been at war to discuss what some may consider the most adaptable, and resourceful enemy that con- with al Qaeda. While al Qaeda may not be controversial of the President’s actions, tinues actively to plan attacks both against the traditional armed force of a single nation namely the detention of American citizens American interests and our allies abroad and state, al Qaeda is clearly a foreign enemy as enemy combatants, wherever those per- against targets within the United States. As force. It has central direction, training, and sons may have been seized, and more specifi- you all know from the period of the height- financing and has members in dozens of cally the determination that a person—par- ened threat level that we all experienced countries around the world who are com- ticularly an American citizen—captured in around the holidays, we continue to get spe- mitted to taking up arms against us. It has the United State is an enemy combatant. As cific intelligence about planned al Qaeda at- political goals in mind. Al Qaeda has at- you know, we have detained two American tacks. We know from their previous prac- tacked not only one of our largest cities, citizens as enemy combatants. tices that members of al Qaeda are very pa- killing thousands of civilians, but also has The first, Yaser Hamdi, is a Saudi national tient, willing to spend years to plan, train attacked our embassies, our warships, and who was a part of Taliban military unit that for, and then execute an attack. It would be our government buildings. While different in surrended to Northern Alliance forces in a foolish for anyone now to declare that, given some respects from traditional conflicts with battle near Konduz, Afghanistan in late 2001. two-plus years free from attacks within the nation states, our conflict with al Qaeda is He was armed with an AK–47 assault rifle U.S., the domestic phase of the conflict with clearly a war. when he surrendered. He has admitted that al Qaeda is somehow ‘‘over.’’ I can assure As a practical matter, this state of war is he went to Afghanistan to train with and you that no one in the Government is com- not in dispute—not by the United Nations fight for the Taliban. Following his capture, placent about the threat posed by al Qaeda. Security Council, which passed a resolution a U.S. military screening team confirmed

VerDate jul 14 2003 00:15 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.118 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2703 that Hamdi indeed met the criteria for dentiary support. That framework focuses future capture of enemy combatants and fu- enemy combatants over whom the U.S. exclusively on the factual support presented ture prevention of terrorist attacks. We real- forces were taking control. Afterwards, mili- by the Executive and entails confirming the ize that our relative silence on this issue has tary authorities learned of records indi- existence of some evidence supporting its de- come at a cost. Many people have character- cating that Hamdi, although a Saudi na- termination that the individual is an enemy ized—mischaracterized, in our view—our ac- tional, had been born in Louisiana. He was combatant. tions in the war on terrorism as inconsistent transferred to a naval brig in the United The Government’s record in the courts on with the rule of law. Indeed, because of our States where he remains detained. the scope of the President’s authority, as silence, many critics have assumed the The second, Jose Padilla, also an American you probably know, has been mixed. The worst. They have assumed that there is little citizen, was among those who sought to Fourth Circuit in Hamdi agreed that the or no analysis—legal or otherwise—behind bring terror to our soil. Padilla has served President may detain enemy combatants, in- the decision to detain a particular person as time in the U.S. for murder and for a hand- cluding American citizens, and further an enemy combatant. To them, the decision gun charge. In 1998, following his release agreed that judicial review should be highly making process is a black box that raises the from prison, he moved to Egypt, where he deferential. The Court reasoned that the des- specter of arbitrary action. took the name Abdullah Al Muhajir. In 2001 ignation of Hamdi as an enemy combatant While some of these criticisms are under- and 2002, Al Muhajir, or Padilla, met with al bears the closest imaginable connection to standable, they are wrong. With two years of Qaeda officials and senior operatives, and the President’s constitutional responsibility experience, we now believe that our concerns proposed to conduct terrorist operations during the actual conduct of hostilities, and for national security can be accommodated within the United States—includinga plan to that while judicial review does not disappear with a greater public disclosure of the steps detonate a dirty bomb—as well as the deto- during wartime, the review of battlefield we have taken behind the public actions you nation of explosive devices in hotel rooms capture in overseas conflicts is a highly def- already know about. And so today, we will and gas stations. Padilla received training erential one. begin to take a more active role in the de- from al Qaeda operatives, and was directed Applying this deference to the facts of the bate about the fairness of our acts of deten- by al Qaeda members to return to the United case, the Fourth Circuit concluded that—de- tion of U.S. citizen enemy combatants. This States to explore and advance plans for fur- spite his status as an American citizen cur- discussion builds on Secretary Rumsfeld’s ther attacks against the United States. Mul- rently detained on American soil—Hamdi is speech eleven days ago in Miami, where he tiple intelligence source separately con- not entitled to challenge the facts presented revealed the review mechanisms that had firmed Padilla’s involvement in planning by the United States. The Court held that long been in place with respect to detentions terrorist attacks by al Qaeda against United where as here, a petitioner has been des- of non-U.S. citizen enemy combatants being States citizens and interests. Like Hamdi, ignated as an enemy combatant and it is un- held at Guantanamo Bay, Cuba. Today I am Padilla has been detained in a naval brig in disputed that he was captured in a zone of going to explain the decision-making that the United States. activity combat operations abroad, further The President’s legal authority to detain led to our enemy combatant determinations judicial inquiry is unwarranted when the with respect to U.S. citizens. American citizens as enemy combatants is, government has responded to the petition by in my view, clear. The practice of capturing Yaser Hamdi, in my view, presents a rel- setting forth factual assertions which would atively easy case. Hamdi was seized in a and detaining those engaged in hostilities is establish a legally valid basis for the peti- as old as war itself, and is ingrained in this combat zone in Afghanistan. He was armed tioner’s detention. with an AK–47 when his Taliban unit surren- Nation’s military history. The detention of The Second Circuit reached a different dered to Northern Alliance forces. The enemy combatants serves two vital objec- conclusion with respect to Jose Padilla. Northern Alliance subsequently made him tives in the global war on terror: preventing There, a divided panel held that the Presi- available for an interview by U.S. military killers from rejoining the enemy and con- dent does not have inherent authority under personnel. A U.S. military screening team tinuing to fight, and enabling the collection the Constitution to detain as an enemy com- confirmed that Hamdi met the criteria for of intelligence about the enemy. The Su- batant an American citizen seized within enemy combatants over whom the United preme Court’s 1942 decision in Ex parte this country away from a zone of combat. States was taking control, and Hamdi was Quirin acknowledged that the President’s The Court also held that the President could transferred to U.S. control. In such a situa- war powers include the authority to capture detain an American citizen only with the ex- tion in a foreign zone of combat, that deter- and detain enemy combatants at least for press authorization of Congress, and that the mination was quite properly made by mili- the duration of a conflict, and authority that Congressional resolution to use force against tary personnel on the ground. These facts was well-settled by the time of that decision. members of al Qaeda did not give such au- and other details relating to the cir- More to the point with respect to Hamdi and thorization. cumstances of Hamdi’s case were memorial- Padilla, the Supreme Court has made clear You will not be surprised to learn that we ized in a declaration, the so-called Mobbs that this power extends to enemy combat- found the Fourth Circuit decision to be bril- declaration, which was made available for ants who are United States citizens. As the liant, and the panel’s reasoning incisive and review by the courts in connection with Court observed in Quirin, in which one of the unimpeachable. We found the decision by the Hamdi’s habeas petition. detained Nazi saboteurs was a United States Second Circuit panel on the other hand, to citizen: ‘‘citizenship in the United States of be less brilliant, less supportable by the As for enemy combatants who are Amer- an enemy belligerent does not relieve him facts, and contrary to legal precedent. ican citizens and are captured here in the from the consequences of a belligerency I am constrained by my time this morning U.S., as a matter of prudence and policy the which is unlawful.’’ from elaborating further on our legal argu- decision-making steps we have employed The course of action that we have taken ments in both cases. In any event, they are have been far more elaborate. They have in- with respect to Mr. Hamdi and Mr. Padilla— a matter of public record and have been fully cluded a thoughtful, deliberate and thorough and the arguments that we have made in de- set out in our briefs. The Supreme Court will analysis of the relevant facts and law at fending those actions in the courts—draw hear arguments in both the Padilla and many levels of the Executive branch. In the upon these well-established precedents. The Hamdi cases this spring. We are hopeful that one case in which the President has exer- Executive’s determination that an individual the Court will agree with the government’s cised his authority as Commander-in-Chief is an enemy combatant is a quintessentially position in each case. to detain a U.S. citizen in the United States military judgment—indeed, deciding who is What I would like to turn to is something as an enemy combatant, we have employed a the enemy is in many senses the funda- that has not been made a matter of public thorough—indeed, painstaking—mechanism mental, threshold decision that the Com- record. Until today, the Government has to ensure multiple layers of scrutiny before mander-in-Chief makes, the decision from been reticent about discussing in any detail even proposing any action to the President. which all other military decisions flow. Ac- the decision-making steps that may result in What follows is a general description of the cordingly, the traditional deference owed by an American citizen being designated as an mechanism that was employed before the courts to military judgments is at its broad- enemy combatant or how an American de- President exercised this presidential power. I est with respect to the President’s deter- tainee held in the United States may be pro- should caution, however, that there is no mination that an individual is an enemy vided access to counsel. rigid process for making such determina- combatant. While courts may review (by ha- As a result, while we have set forth our tions—and certainly no particular mecha- beas corpus) the Executive’s determination legal authorities clearly in legal briefs, in nism required by law. Rather, these are the that an American citizen (whether captured the debate over the fairness and prudence of steps that we have taken in our discretion to abroad or on U.S. soil) is an enemy combat- the Government’s actions in the war on ter- ensure a thoroughly vetted and reasoned ex- ant, that review must be deferential. Specifi- ror, the voice of the Government has re- ercise of presidential power. cally, in view of the great deference owed to mained essentially unheard. Our silence has In any case where it appears that a U.S. the President’s enemy combatant determina- been largely for reasons of national security. citizen captured within the United States tions and the serious separation-of-powers The deliberations that underpin any decision may be an al Qaeda operative and thus may concerns that would attend any searching ju- that a person already within the United qualify as an enemy combatant, information dicial inquiry into the factual underpinnings States is, in reality, an enemy combatant, on the individual is developed and numerous of the President’s judgment, a factual review invariably include extraordinarily sensitive options are considered by the various rel- of the President’s determination can extend intelligence information that we are loathe evant agencies (the Department of Defense, no further than ensuring that it has evi- to reveal for fear that it may jeopardize the CIA and DOJ), including the potential for a

VerDate jul 14 2003 00:20 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.128 S11PT2 S2704 CONGRESSIONAL RECORD — SENATE March 11, 2004 criminal prosecution, detention as a mate- Attorney General’s opinion concerning: (1) beas challenge without direct access to coun- rial witness, and detention as an enemy com- whether the assessment comports with appli- sel? To the average American, this may ap- batant. Options often are narrowed by the cable law; (2) whether the individual may pear to be a legitimate question. But those type of information available, and the best lawfully be taken into custody by the De- who question the government’s position on course of action in a given case may be influ- partment of Defense; and (3) whether the At- access to counsel operate under a funda- enced by numerous factors including the as- torney General recommends as a matter of mental misunderstanding of the legal nature sessment of the individual’s threat potential policy that that course be pursued. This en- of the detention of virtually all of these ter- and value as a possible intelligence source. sures that DOJ can formally provide input rorists. This explains why persons captured in the on the law-enforcement equities related to It is the position of this Administration U.S. may be processed differently depending the individual. DoD’s request to the Attor- that, in the case of citizens who take up on the totality of the circumstances the par- ney General includes the intelligence infor- arms against America, any interest those in- ticular case presents. mation from both the CIA and DoD. dividuals might have in obtaining the assist- For example, we could have abundant in- In addition to the materials forwarded by ance of counsel for the purpose of preparing formation indicating that the individual has the DoD, the Attorney General relies on two a habeas petition must give way to the na- committed a crime—such as material sup- documents in responding to DoD’s request: tional security needs of this country to gath- port for terrorism—but the information may the first is a memorandum from the Crimi- er intelligence from captured enemy combat- come solely from an extremely sensitive and nal Division setting out all the information ants. Although the right to counsel is a fun- valuable intelligence source. To use that in- available to it from the FBI and other damental part of our criminal justice sys- formation in a criminal prosecution would sources concerning the individual; and the tem, it is undeniably foreign to the law of mean compromising that intelligence source second is a formal legal opinion from OLC war. Imagine the burden on our ability to and potentially putting more American lives analyzing whether the individual meets the wage war if those trying to kill our soldiers at risk. Those are the sort of considerations legal standard to be held as an enemy com- and civilians were given the opportunity to that have to be weighed in deciding how we batant—the Quirin standard I just discussed. ‘‘lawyer up’’ when they are captured. Re- proceed against a particular individual in Following his review, the Attorney Gen- spectfully, those who urge the extension of any given case. eral forwards a letter with his legal advice the right to counsel to these combatants, for When it appears that criminal prosecution and recommendations back to DoD, along the purpose of filing a habeas petition, con- and detention as a material witness are, on with the Criminal Division fact memo and fuse the context of war with that of the balance, less-than-ideal options as long-term the OLC opinion. criminal justice system. solutions to the situation, we may initiate The Secretary of Defense then transmits a When we are at war, debriefing of enemy some type of informal process to present to package of information to the President, rec- combatants is a vital source of intelligence. the appropriate decision makers the question ommending that the President designate the But the stream of intelligence would quickly whether an individual might qualify for des- individual as an enemy combatant. The dry up if the enemy combatant were allowed contact with outsiders during the course of ignation as an enemy combatant. But even package of information recommending the an ongoing debriefing. The result would be this work is not actually commenced unless enemy combatant designation includes six the failure to uncover information that the Office of Legal Counsel at the Depart- items: (i) the written assessment and rec- could prevent attacks on our military and on ment of Justice has tentatively advised, ommendations of the CIA; (ii) the rec- American citizens. This is an intolerable based on oral briefings, that the individual ommendation and preliminary assessment by cost, and we do not believe it is one required meets the legal standard for enemy combat- the Secretary of Defense; (iii) the DoD intel- by the Constitution. For these reasons, we ant status. That standard was articulated by ligence information; (iv) the Attorney Gen- have urged that interrogations of captured the Supreme Court in Quirin, where the eral’s letter to DoD, including his legal opin- enemy combatants should be allowed to pro- Court made clear that, at a minimum, ‘‘citi- ion and recommendation; (v) the Criminal ceed, as they historically have, uninter- Division’s fact memo; and (vi) the OLC opin- zens who associate themselves with the mili- rupted by access to counsel. tary arm of the enemy government, and with ion. We have also recognized, however, that in Lawyers at the White House review the its aid, guidance, and direction enter this every case we need not maintain the most DoD package and recommendations, and the country bent on hostile acts are enemy bel- restrictive conditions on detention that the Counsel to the President forwards it to the ligerents within the meaning of . . . the law law of war permits. Constraints imposed on a of war,’’ and thus may be detained. The im- President along with his written rec- particular U.S. citizen held as an enemy portant factor, therefore, is that the person ommendations to the President. combatant should be and are constantly re- Finally, the President reviews the DoD has become a member or associated himself evaluated as a matter of policy, to make package and is briefed by his Counsel. If the with hostile enemy forces, thereby attaining sure that the terms and conditions of con- President concludes that the person is an the status of enemy combatant. finement are necessary to meet the needs of enemy combatant, the President signs an It is worth noting, I think, that on more national security. than one occasion OLC has advised that the order to that effect directing the Secretary The Department of Defense employs a de- facts relating to a certain individual did not of Defense to take him into his control. In liberate and thorough procedure, as a matter support an enemy combatant determination, the case of Padilla, the President concluded of policy, when making this decision about or were so close to the line as to present a that Padilla ‘‘is, and at the time he entered access to counsel. The stated policy of the very doubtful case. In those cases the United the United States in May 2002 was, an enemy Department—which it detailed publicly last States did not proceed further in the process combatant.’’ The President also determined December—is to permit any enemy combat- of determining whether to designate the per- that he ‘‘possesses intelligence, including in- ant who is a United States citizen and who is sons as enemy combatants, but rather pur- telligence about personnel and activities of being detained by DoD in the United States sued different, legally available options for al Qaeda that, if communicated to the U.S., access to counsel: (1) after DoD has deter- addressing the threat. In a very real sense, would aid U.S. efforts to prevent attacks by mined that such access will not compromise the Executive branch in these cases declined al Qaeda.’’ the national security of the United States; to take a particular action against suspected As you can see executive branch decision and (2) after DoD has completed intelligence terrorists because it concluded that the ac- making is not haphazard, but elaborate and collection from that enemy combatant or tion was not clearly legally supportable. careful. And although these specific steps are after DoD has determined that such access Once initial assessments indicate that an not required by law, we have followed them will not interfere with intelligence collec- enemy combatant designation may be the in our discretion, in order to make sure tion from that enemy combatant. best legally available way to deal with a par- that—in this context as in all others—the The policy is initiated when DoD officials ticular U.S. citizen, we have proceeded to President’s Commander-in-Chief authority is in charge of interrogations make an initial take the following steps to assist the Presi- exercised in a reasoned and deliberate man- determination that intelligence collection is dent in making a final decision. ner. completed or that access to counsel would First, the Director of Central Intelligence In part because of the reluctance that I not interfere with intelligence collection. makes a written assessment of all available spoke about earlier to articulate our posi- This determination is made after coordina- CIA intelligence information concerning the tion and procedures, there appears to be tion with the Department of Justice, includ- individual and transmits a recommendation some confusion about whether the Govern- ing the FBI, and the CIA. DoD officials pre- and request to DoD recommending that the ment is willing to permit American enemy pare a memo for the Deputy Secretary of De- person be taken into custody as an enemy combatants access to our courts to challenge fense seeking authorization for access to combatant. their detention. The reality, of course, is counsel. That draft is coordinated within The Secretary of Defense then makes his that they do have such access: the deten- DoD and with officials at the White House, own independent evaluation, based upon the tions of Hamdi and Padilla have been chal- DOJ, and CIA. information provided by the CIA and other lenged in the courts and indeed are slated for Once this coordination is complete, and a intelligence information developed within review by the Supreme Court this Spring. consensus reached, the memo is forwarded to DoD. That evaluation is embodied in a writ- And, of course, from the outset, those chal- the Deputy Secretary of Defense for his con- ten assessment concerning enemy combatant lenges on Hamdi’s and Padilla’s behalf have sideration. The Deputy Secretary then status. been pursued by qualified counsel. makes a final decision whether the two The Secretary’s assessment is provided to But can there be meaningful access to our prongs of the DoD access to counsel policy the Attorney General with a request for the courts and a meaningful right to file a ha- are satisfied.

VerDate jul 14 2003 00:20 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.131 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2705 As you can see, the decision to provide our enemies in the war on terror—but in our man, and very dear friend. I had intro- counsel is made after careful consideration system the courts will have their say. What duced, nominated, and spoken about of national security implications. These de- cannot be denied, however, is that in pro- Bob Orr innumerable times, but the cisions are guided by thorough legal analysis tecting the American people from our ter- last time I had the honor to do so was at various levels of our government. rorist enemies, the Administration has care- That is precisely the course we have fol- fully examined the Constitution and laws of very special. The assembled crowd rose lowed both with Yaser Hamdi and Jose the United States, as applied in historically in cheers and sustained applause. Padilla. When officials at DoD determined analogous situations. Strongly assisted by Mary Kay, Gov- that intelligence collection from Hamdi was In closing, when I walk into the Oval Office ernor Orr arose, a living legend for a le- complete, they announced last December to brief the President, I am always reminded gion of Hoosiers inspired by his life of that he would be allowed access to a lawyer, of the awesome responsibility that the Presi- achievement and service. subject to appropriate security restrictions. dent has—and the corresponding duty on all Hamdi has now met with his lawyer. Earlier of us who serve him. But the burden of pro- f this month DoD officials concluded that na- tecting this country and of securing the EXPRESSING SYMPATHY FOR THE tional security would not be harmed by per- rights embodied in our Constitution is not VICTIMS OF THE MADRID BOMB- mitting Padilla to have access to counsel, ours alone. INGS and he too will be given access to a lawyer. Yes, those of us in government have a di- As these decisions show, we have an interest rect hand in executing power under our Con- Mrs. FEINSTEIN. Mr. President, I in restricting access to counsel to the extent stitution. But American citizens—including rise today to support the resolution necessary to advance an important intel- members of the bar—also play an important submitted by Senator DODD to express ligence-gathering interest. When that inter- role in protecting and defending the Con- our condolences to the families of the est no longer exists, we have no further need stitution’s precious precepts. The vigilance to restrict access to counsel and will allow victims of today’s Madrid bombings and work of American citizens in this en- and our strong solidarity with the U.S. citizens that access to assist in their deavor arguably is no less patriotic than the challenge to their detention in the courts by actions of our soldiers on the battlefield— Spanish people in the fight against ter- means of habeas corpus. We believe strongly both are in defense of our freedoms . . . and ror. This is a sad and tragic day. that access to counsel needs to occur at an both should be respected. This morning, nearly 200 innocent appropriate time. What we will not do is put Thank you very much. people were killed and 1,000 injured American lives at risk and jeopardize intel- when 10 near-simultaneous explosions ligence-gathering by recognizing a non-exist- f hit 3 separate trains at the height of ent right for enemy combatants to consult IN MEMORY OF GOVERNOR BOB the city’s rush hour. with lawyers. ORR I am pleased to have had the opportunity Spanish police found and detonated 3 this morning to provide you with some more Mr. LUGAR. Mr. President, I rise other bombs. One official described it details about the decisionmaking process today to pay tribute to a tremendous as the worst terrorist attack in Spain’s that we have followed in dealing with enemy Hoosier and dear friend Bob Orr, who history. combatants who are U.S. citizens. The way has recently passed away. I condemn in the strongest possible in which this Administration has made its Bob Orr was our Governor during 8 terms this vicious and bloody terrorist decisions, in my judgment, vividly illus- years of record growth in Indiana jobs, trates the President’s commitment to wage attack. war on terror aggressively and relentlessly Indiana exports, and increased interest The Madrid bombings appear to be while fully respecting the bounds of the law. in public education. As a scholar, busi- part of an ongoing terror campaign by Recent press accounts and editorials have nessman, political leader, State legis- the Basque separatist group ETA, a suggested that the Bush Administration— lator, and Lieutenant Governor, he was group designated by the United States fearing losses in the courts—has revised its superbly qualified to be the 45th Gov- and the European Union as a terrorist approach to dealing with terrorists. As I ernor of Indiana. His extraordinary organization. hope my remarks this morning have made success brought new idealism, energy, clear, that is not the case. The extensive pro- Our thoughts and prayers go out to cedures and safeguards that I have described and pride to the Hoosier State. the victims and their families. today are ones that we have followed from I was privileged to share a myriad of Americans know all too well the pain the outset in determining whether certain wonderful experiences with Bob Orr and destruction caused by terror and individuals qualify as enemy combatants. during the past 40 years of our work to- we stand shoulder to shoulder with our All along, the Administration’s actions have gether in public service, but two will be Spanish friends at this difficult hour been uniformly grounded in historical prac- indelible in my memories. In June of just as they stood with us on Sep- tice and legal precedent and have been based l989, Bob was nominated by President tember 11. on careful and continuous consideration of George H. W. Bush to be United States the facts and circumstances of each case. We two peoples share the values of What is new is our willingness to share more Ambassador to Singapore. He pro- democracy, freedom, and respect for information about our procedures, as Sec- ceeded to his post after a hearing by human rights. We have worked and we retary Rumsfeld did two weeks ago in Miami the U.S. Senate Foreign Relations will continue to work together in the and as I am doing today. Our flexibility in Committee and confirmation by the fight against terror and in bringing this regard has been constrained by the de- U.S. Senate. Shortly thereafter, Char those responsible for this brutal attack mands of national security. At this point in and I visited Ambassador Orr in Singa- to justice. Terrorists must know that time, however, we have decided that there pore. We were thrilled by his vision of we will not back down in the face of are ways that we can share some of this in- the great opportunities our country formation, and that doing so—as I have their crimes. today—is both consistent with the demands could enjoy if we utilized our collective I urge my colleagues to support the of national security and in furtherance of imagination and inventive genius to resolution. our interest in showing the American people expand exports and to provide con- f that their government is one that respects structive economic and political lead- the law even as it fights aggressively an ership in Asia. Bob Orr was tireless in IRAN enemy dedicated to our destruction. leading Indiana and the United States Mrs. BOXER. Mr. President, as the Because ours is a free society, the actions to have an international perspective ranking member of the Senate Foreign taken by the Administration have been (and and a clear vision of how our business Relations Subcommittee on Near East- will continue to be) challenged in the courts. These are important issues, and courts exist and educational opportunities could ern and South Asian Affairs, I want to to resolve such disputes. Our independent ju- flourish if we sought to compete more express my deep concern about recent diciary will help determine how long- effectively. developments in Iran. standing practice applies to the first conflict My second indelible memory is my Today, the International Atomic En- of the 21st Century. It is possible that the last visit with Bob and Mary Kay Orr ergy Agency is meeting to discuss a courts may disagree with a particular deci- last September at a dinner in Indianap- proper response to findings that Iran sion or policy; indeed, the Second Circuit has olis featuring an address by President has failed to disclose many nuclear re- already done so in Padilla (although the Su- George W. Bush. It was exciting to lated activities in violation of the Non- preme Court will now be reviewing that case and providing the final word on the issues compare political notes with both of Proliferation Treaty. This is a serious presented). I am confident in the legality of them and to catch up on family news. issue. There is no doubt that Iran is in the measures the Administration has em- I had the privilege of once again intro- violation of its commitments under the ployed in seeking to defend Americans from ducing a great Governor, world states- NPT. The IAEA Board of Governors

VerDate jul 14 2003 00:20 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.134 S11PT2 S2706 CONGRESSIONAL RECORD — SENATE March 11, 2004 must insist that Iran come into com- the RECORD an important speech given ter and brother, and friends who loved plete compliance with its obligations, by my colleague and friend, the distin- them—and who still suffer their loss every disclose all information about its nu- guished senior Senator from Delaware, single day. The victims were young men and women like Ken Bissett. He was an artist clear program, and allow unrestricted Mr. BIDEN, to the Libyan People’s Con- and a writer. Like Eric and Jason Coker, access to IAEA inspectors. Given the gress on March 3, 2004. twin brothers. Eric was studying economics. high degree of enriched uranium found Salam ale Qum. Jason wanted to be a journalist. He might in Iran—weapons grade uranium—and Thank you for inviting me to speak to you. have been here today, reporting on their sig- yesterday’s statement from Iran indi- I traveled a great distance to get here, but in nificant event. And like a kind hearted cating that it planned to resume en- so many ways, in recent years, the distance young women named Keesha Weedon who richment, this matter should imme- between Libya and America has seemed even wanted to help troubled children. Each of greater, almost insurmountable. Now, there these young people had a past—and each had diately be referred to the United Na- is real hope that we will bridge the great di- tions Security Council for further ac- a future cut short by violence. Imagine if one vide that has kept us apart. But there is still of them had been your son or your daughter. tion. much work to be done. It is in that spirit of Think about that for just a moment. Your I am also deeply troubled by Iran’s hope that I stand before you . . . and that I government’s admission of responsibility for terribly flawed elections of February send my greetings to the Libyan people who the bombing of Pan Am 103 was not only nec- 20. The people of Iran deserve our sup- are watching these proceedings in their essary—it was the right thing to do. And it port and they deserve true democratic homes. At the outset, let me tell you who I was consistent with your traditions. In the reform. We cannot turn our backs on am and why I am here. I am a United States words of the Koran: ‘‘As for him who shall Senator. I represent a small portion of my repent and believe and do right, he happily the people of Iran because its political country—the state of Delaware, which is lo- leadership has failed them. There are may be one of the successful.’’ It appears cated between Washington and New York. now that your government wants to change an estimated 700,000 Iranian Americans As you know, in America there are no in order to become ‘‘one of the successful.’’ living in California who are so hopeful Kings or Princes, no Lords or Dukes, no Americans will never forget the past. But for democratic change in their home- Emirs or Sultans, Like you, we fought a war we cannot allow it to stop us from building land. The election of February 20 was against colonialism for our freedom. The a more peaceful world that can prevent such clearly a step in the wrong direction. central belief in our system is that each indi- tragedies in the future. That must be the On February 12, the Senate passed an vidual should have an equal opportunity to legacy of those who lost their lives, and for succeed. those who carry their memory. And so while important resolution, S. Res. 304, that At home, I am surrounded by very strong was submitted that same day by Sen- American remain wary, we also stand ready women. A mother who instilled in her chil- to walk with you if you are willing to take ator BROWNBACK. Denouncing the elec- dren the values of faith and community. A the difficult steps necessary to rejoin the tions as harmful for true democratic sister who was better at her studies than I community of nations. By accepting respon- forces in Iran, the resolution stated was, and upon whose guidance our large fam- sibility for the past . . . agreeing to abandon that the policy of the United States ily depends. A wife who is a respected pro- its weapons of mass destruction program . . . should be to advocate a democratic fessor in our community, not just smart, but and joining the war on terrorism . . . your also wise. And a daughter who knows she can government in Iran that will restore government is beginning to end Libya’s po- be anything she wants to be. litical and economic isolation. But what I freedom to the people of Iran, abandon Like most of the nearly 300 million Ameri- want to say to you today is this: do not stop terrorism, protect human rights, and cans whose families arrived on our shores there. Aim higher. Go further. live in peace and security with the from every corner of the globe, I was not For centuries, the people of Libya were de- born to wealth or stature. I was not promised international community. I fully agree. nied the opportunity to fulfill their God- anything other than the opportunity granted I hope that the Iranian people know given potential. First, you were held back by to every American—the opportunity to go as that they have the support of the Sen- outside colonizers. Then, you were led astray ate as they aspire for the freedom de- far as I could dream. I am sure that Libyan parents share the by misguided ideologies. The result is a great nied them by the current Iranian re- same hope for their children. I am sure it is gulf between your rightful expectations and gime. a universal hope—but not one that can be re- the reality of your lives. You are right to expect good schools for f alized in many countries. That’s one of the things that makes my country special. your children and first rate doctors for your LOCAL LAW ENFORCEMENT ACT I have served in the United States Senate parents. You are right to expect to own your OF 2003 for 31 years, elected democratically six times home and to build your own business. You are right to expect newspapers with com- Mr. SMITH. Mr. President, I rise by the men and women of Delaware. Men and women. Young and old. Black and white, His- peting ideas and an internet connection in today to speak about the need for hate every home. You are right to expect the free- crimes legislation. On May 1, 2003, Sen- panic and Asian. Christians, Jews, Hindus and yes, Arab-Americans and Muslims. You dom to speak your mind without fear of ator KENNEDY and I introduced the may not know that there are almost as many being thrown in jail. So the question is: How Local Law Enforcement Enhancement Muslims in the United States as there are do you make sure that history does not re- Act, a bill that would add new cat- citizens of Libya. And there are more Arab- peat itself and that you are not denied the egories to current hate crimes law, Americans than all the people who live in opportunity to which you are entitled? sending a signal that violence of any Tripoli. Their votes count the same as every- Your economic potential is extraordinary one else. because of the natural resources buried in kind is unacceptable in our society. the ground. But your national potential is One unfortunate crime was com- I belong to the Democratic party. Presi- dent Bush leads the other major political limitless, because of the human resources mitted by an unknown assailant in party—the Republican party. But I am here that are spread all across this land. Carbondale, IL, who allegedly taunted not as a representative of my party . . . not You have tremendous oil power. But it will a Southern Illinois University student as a representative of Christian-Americans only be meaningful if you use it to unleash with anti-homosexual slurs and pro- . . . not as a representative of white Ameri- the brain power of the Libyan people—espe- ceeded to beat him. cans. I am here as a representative of my cially the awesome potential of your youth. I believe that Government’s first country who believes, along with many other In fact, oil can be more of a burden than a duty is to defend its citizens, to defend Americans, that this is a moment of great benefit if it used as an excuse not to develop all aspects of your society . . . and if its pro- them against the harms that come out possibility for Libya and for the relationship between our countries. But many of us re- ceeds are not widely shared and wisely in- of hate. The Local Law Enforcement main skeptical. vested in education, training and a strong Enhancement Act is a symbol that can For too long, our relationship has been foundation for the future. become substance. I believe that by marked by hostility. In fact, I have a per- Let me offer you a concrete example. It passing this legislation and changing sonal connection to the terrible act that set concerns patents—the legal protection the current law, we can change hearts and back our relations for years. world gives to new ideas and inventions. minds as well. I am a graduate of Syracuse University They’re a good measure of the quality of a Law School. There is a wall at my school, country’s educational system, its entrepre- f erected to the memory of 270 people—includ- neurship, its innovation and its rule of law. ADDRESS TO THE PEOPLE’S CON- ing 35 young students who never returned Between 1980 and 1999, the nine leading Arab GRESS OF LIBYA BY SENATOR home from their studies abroad. They lost economies—each built on oil wealth—reg- BIDEN their lives when Pan Am 103 was bombed out istered a mere 370 patents in my country. of the sky. Thirty-five is a number, a sta- During that same period, South Korea alone Mr. HAGEL. Mr. President, I ask tistic. But each of those young people had a registered 16,328 patents. Why? In the 21st unanimous consent to have printed in name. Each had a mother and a father, a sis- century, human resources are the true

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.199 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2707 wealth of any nation. You have a historic op- just lost your job. America’s military might, tend with that tension every day. For exam- portunity to free those human resources to economic power and cultural reach make us ple, free trade means that Americans have their full potential. I urge you to seize it. present in people’s lives on every continent, more choice and pay less for the many things It may strike you as presumptuous that an in every country. Sometimes we do not rec- in our stores. But it also means American American politician is offering advice that ognize the conflicting emotions this can jobs are lost to countries where people are you did not seek. After all, my country has produce: respect and admiration, but also willing to work for lower pay. That has made its own problems. Let me be clear: I have not envy, resentment and fear. millions of Americans—despite our pros- come here to impose American views on you There will always be those who do not like perity—angry and afraid. or to suggest we have all the answers. But I specific policies we advocate or the way we So each of us, in different ways, has to con- know that more than ever before, your fate pursue them. That is your right. The burden tend with powerful forces of change and the and our future are joined. There was a time is on us to make our case . . . and to have uncertainty they bring. Every nation must when the United States would have been sat- faith in our power to persuade, not just co- find its own way. Let me share with you, in isfied with the status quo in the Middle East, erce. It may surprise you that most Ameri- all humility, the path my country has cho- North Africa and here in Libya. But the cans don’t like the fact we’re the world’s sole sen and some lessons we have learned. events of September 11, 2001 marked a turn- superpower. They understand it thrusts upon Many see the economic, cultural and mili- ing point in how my country views the them a responsibility they did not seek and tary power of the United States. What they world, and specifically how it sees this re- would rather not bear. For example, the peo- may not understand is that those strengths gion. ple I represent in Delaware understood but flow from our democratic system, not the Americans now understand that the prom- did not like the fact I voted to send their other way around. They flow from the free- ise of our time is matched by peril. Ideas and sons and daughters to Kosovo. They went to dom we afford every American to think, to innovations can travel the planet at the Kosovo to prevent the genocidal slaughter of question and to create. There are other paths stroke of a computer key, spreading progress hundreds of thousands of Muslim men, to prosperity. South Korea once enjoyed ex- far and wide. But the same technology and women and children by Milosevic. traordinary growth without democracy. openness that power these forces of construc- For better or worse, one result of our Now, so does China. But I am convinced that tion also enable forces of destruction. As a standing is that people around the world in the long run, the freedoms we enjoy are a result, problems in any one part of our plan- think the U.S. is both the cause of, and an- tremendous advantage in competing with et can plague the entire world, including the swer to, their concerns. other countries in the information age. United States. There is no mountain high I am proud that America is, more often Our strength also flows from the great di- enough or ocean wide enough to protect us. than not, the solution rather than the prob- versity of our people. More than two cen- turies ago, our founders recognized that The question for America is what, if any- lem. I am also proud of our generosity. Like America’s enduring mission would be ‘‘to thing, can we do about this new reality? your tradition of Zakat, we feel a moral obli- form a more perfect union’’. In other words, Make no mistake: the United States will gation to share our good fortune. Every year, they understood the challenge of forging a meet and defeat any threat to the safety of we send tens of billions of dollars far from single nation from many different parts. But our people and the security of our country. our shores to help the impoverished . . . sup- they were confident that in working to over- We have the will and we have the way to pre- port economic development . . . combat come our differences, Americans would con- vail. AIDS. We should do more. We already do a stantly move forward. But our physical prowess alone cannot lot. But it is also true that in the Middle They were right. My country was born in solve the problem. We are engaged in much East and North Africa, repressive political the midst of slavery; we still struggle to systems and closed economies generate deep more than a contest of force. We are engaged overcome the legacy of racism. But we can anger, resentment, and extremism. I know in a war of ideas. I am convinced that war also say that African Americans have made that the United States has seemed, at best, will be won by those who offer hope, not ha- great strides and are making great contribu- indifferent to the plight of the oppressed tred . . . progress, not paralysis . . . a vision tions to our society. for the future, not an obsession with the and, at worst, complicit with corrupt and The rights we enjoy and the institutions past. autocratic regimes—despite our generosity. we built give every American the power to In the past, we’ve justified that support in Those who attacked us on September 11 shine a light on the mistakes we make, and different ways: the Cold War struggle against were beyond the reach of reason. Their blind to demand that they be corrected. And the hatred was not the bitter fruit of poverty— communism . . . the preference for stability rules we live by protect us from the excess of they were relatively prosperous people. It over chaos . . . the need to ensure a steady absolute power . . . and have helped us build was not the product of Islam—they perverted supply of oil. the tragedy of 9–11 has taught a country where each individual has the op- a great faith. It was not the result of Ameri- America the hard way that we cannot afford portunity, but not the guarantee, to achieve can’s support for Israel, as much as you may such policies. As President Bush said re- his or her potential. disagree with it. Osama Bin Laden almost cently: ‘‘stability cannot be purchased at the Please do not misunderstand me. I mean never mentioned the Palestinian cause be- expense of liberty.’’ no disrespect. But the nations of the Arab fore attacks. His focus was his own country, Americans of all political persuasions world could be doing so much more to har- Saudi Arabia. agree that our security requires us to more ness the enormous potential of their people. No, America’s aggressors were foot soldiers actively support your aspirations to choose Consider this: the combined gross domestic in a new war pitting believers in freedom, your own leaders . . . to express your own product of all Arab countries in 1999 was less openness, and tolerance against the forces of opinions . . . to associate freely with others than that of a single European country— radical fundamentalism and regression. It is . . . to worship in peace . . . to be treated Spain. Think about that for a moment. And not a clash between civilizations, but within with dignity. In a word, our security requires then think back a thousand years. Spain was civilizations—especially within the Arab and us to more actively support your desire for part of a great Arab empire which encom- Muslim worlds. liberal democracy. That is the right thing to passed most of the Mediterranean and the Today, violent radicals have turned their do. And it is the surest path to realizing your Middle East. Why did you thrive then? It was terror on us. But make no mistake: they re- potential and your dreams. Democracy is not your armies alone. It was your ideas, gard the large majority of moderate Muslims first and foremost about preventing the con- your civilization, your culture, your open- as their enemies as well. Hundreds of Mus- centration of power into the hands of the few ness. Why has this one small territory—then lims were among the more than 3000 dead in . . . or the one. Elections are necessary—but called Al Andalus, now called Spain—out- the World Trade Center and the victims of not enough. Democracy is about creating in- paced the rest of the Arab world combined attacks in Saudi Arabia, Turkey and Mo- dividual rights and building independent in- today? rocco. And if the radicals succeed, you will stitutions: courts of law, political parties, a Don’t take the answer from me. Listen to be their victims in another way as well, con- free press, transparent government, property the leading Arab scholars who recently com- demned to a future of hopelessness and de- ownership, a private sector, non-govern- pleted a remarkable study of Arab Human spair. mental organizations. It is about schools Development, published by the United Na- I believe that the cause of hope and the that teach tolerance to your children, and tions. It speaks to the need across the Arab tide of history is on the side of the mod- teach them to think for themselves. It is world to make progress in three critical erates and modernizers—in this region, in about making women genuine partners in areas: Empowering women, spreading knowl- my region and around the world. Our chal- building a modern society. edge, and expanding freedom. This is an in- lenge is to reject their cynicism and hatred Nothing about democracy is incompatible credibly difficult challenge—but also an ex- and to build an alliance of tolerance and with Islam. For example, since the days of traordinary opportunity. 70% of your popu- progress. the Prophet, the shura—a council where lation is below the age of 30. Unlocking their We each have a job to do. Our job—Amer- community leaders gather to make decisions minds and unleashing their talents can be a ica’s job—is first and foremost to listen to through discussion—has been a Muslim con- deep source of strength. Bringing women you—to listen to your ideas, as well as your cept. into the work place will boost your econo- fears and concerns. And to do a much better I know many resist change because of the mies . . . just as women leaders past and job explaining our ideas and intentions. uncertainty it brings. I understand the ten- present in Pakistan . . . in Bangladesh . . . But even if we do that well, human nature sion people feel between holding on to tradi- in Turkey . . . and in Indonesia energized is the same world wide. It is rare to feel good tions that are comfortable and embracing the Muslim world’s politics. Giving your peo- about your neighbor’s new car when you’ve modernity. In my own country, people con- ple

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.148 S11PT2 S2708 CONGRESSIONAL RECORD — SENATE March 11, 2004 access to the internet will connect them to a tributions to the youth of our Nation (S. RES. 309) vast supply of knowledge and power your through Project Safe Place. Whereas today’s youth are vital to the progress. Mr. President, events of the day may preservation of our country and will be the The United States wants to help you seize turn our attention overseas, but it is future bearers of the bright torch of democ- these opportunities in a spirit of coopera- essential to remember those who are racy; tion. We are ready to share our experiences fighting an ongoing battle right here at Whereas youth need a safe haven from var- . . . to make investments in your economies ious negative influences such as child abuse, . . . to welcome you into the international home. This battle has been raging for generations and consists of fighting to substance abuse and crime, and they need to community. We are prepared to build these have resources readily available to assist partnerships because it is in our interest. protect this Nation’s most valuable re- them when faced with circumstances that It is up to you to take the necessary, im- source: our children. Young people are compromise their safety; portant, unavoidable risks. The choice is the future of this Nation; they need to Whereas the United States needs increased yours. You can merely survive, with an econ- be both valued and protected. Sadly, numbers of community volunteers acting as omy that generates just enough wealth to however, as my colleagues know, this positive influences on the Nation’s youth; get by and a society that provides few free- Whereas the Safe Place program is com- doms and opportunities. precious resource is threatened daily. I come to the Senate floor today to mitted to protecting our Nation’s most valu- Or you can thrive. I am convinced you can able asset, our youth, by offering short term thrive. My conviction follows from your his- talk about a tremendous initiative be- tween the public and private sector ‘‘safe places’’ at neighborhood locations tory. At a time when Europeans were barely where trained volunteers are available to emerging from the Dark Ages, the light of that has been reaching out to youth for counsel and advise youth seeking assistance civilization was shinning brightly in the over twenty years. Project Safe Place and guidance; Arab world. Scholars outpaced their Euro- is a program that was developed to as- Whereas the Safe Place program combines pean counterparts in math, science and other sist our Nation’s youth and families in the efforts of the private sector and non- disciplines of modernity. Philosophers and crisis. This partnership creates a net- profit organizations uniting to reach youth poets, architects and artists enlightened the work of private businesses trained to in the early stages of crisis; world from Cairo to Baghdad to Damascus to refer youth in need to the local service Whereas the Safe Place program provides a Granada. direct way to assist programs in meeting I believe with all my heart that you can providers who can help them. Those businesses display a Safe Place sign so performance standards relative to outreach build a future as glorious as your past. And and community relations, as set forth in the I am convinced that my country has a pro- that people can easily recognize a ‘‘safe Federal Runaway and Homeless Youth Act found stake in your success. place’’ for them to go to receive help. guidelines; Let me leave you with the words of a great The goal of National Safe Place Week Whereas the Safe Place placard displayed Arab-American poet, Gibran Khalil Gibran, is to recognize the thousands of indi- at businesses within communities stands as that speak powerfully to this time and this viduals who work to make Project Safe a beacon of safety and refuge to at-risk challenge: ‘‘O land veiled to our sight from Place a reality. From trained volun- youth; ages past Whereas more than 700 communities in 42 Which way to you? Which path? How long? teers to seasoned professionals, these states and more than 14,000 locations have How wide? What wasteland hems you in? dedicated individuals are working to- established Safe Place programs; What mountain range Enfolds your realm? gether with the resources in their local Whereas more than 68,000 young people Which one of us the guide? Are you our hope? communities and through their ties have gone to Safe Place locations to get help Or are you a mirage? In hearts where none across the Nation to serve young peo- when faced with crisis situations; but fruitless quests reside . . . ple. Because of Project Safe Place, this Whereas through the efforts of Safe Place ‘‘O source of knowledge where our forbears all happens under a well-known symbol coordinators across the country each year dwelt, Where truth they worshiped, beauty of safety for in-crisis youth. more than one-half million students learn was their creed; Uncharted source, unknown, Project Safe Place is a simple pro- that Safe Place is a resource if abusive or ne- unreachable Whether by crested wave or rac- glectful situations exists; ing steed, Neither in East nor West can you gram to implement in any local com- Whereas increased awareness of the pro- be found, In southern reaches nor in north- munity, and it works. Young people are gram’s existence will encourage commu- ern field, Not in the skies we find you, nor more likely to seek help in locations nities to establish Safe Places for the Na- the seas, Nor pathless deserts which beguile that are familiar and non-threatening tion’s youth throughout the country: Now, our art; Deep in the soul you burst, like to them. By creating a network of Safe therefore, be it light, like fire, You are within my chest, my Places across the Nation, all youth will Resolved, That the Senate— pounding heart.’’ have access to needed help, counseling, (1) proclaims the week of March 14 through Thank you for listening. or a safe place to stay. However, March 20, 2004 as ‘‘National Safe Place f though the program has already been Week’’ and CELEBRATING NATIONAL SAFE established in 42 States, there are still (2) requests that the President issue a PLACE WEEK too many communities that don’t proclamation calling upon the people of the know about this valuable youth re- United States and interested groups to pro- Mr. CRAIG. I look forward to the source. mote awareness of and volunteer involve- U.S. Senate passing this resolution and If your State does not already have a ment in the Safe Place programs, and to ob- designating the week of March 14–20, serve the week with appropriate ceremonies Safe Place organization, please con- and activities. 2004, as National Safe Place Week. I sider facilitating this worthwhile re- would like to thank my colleague Sen- source so that young people who are f ator FEINSTEIN for her work on this abused, neglected, or whose futures are issue. I would also like to thank the MEDAL AWARDS FOR JERRY jeopardized by physical or emotional BREWER other cosponsors of this resolution: trauma will have access to immediate Senator CAMPBELL, Senator BOXER, help and safety in your community. To Mr. BUNNING. Mr. President, today I Senator FITZGERALD, Senator create more Project Safe Place sites in would like to take the opportunity to LANDRIEU, Senator INHOFE, Senator Idaho, the staff in several of my State honor the service of Mr. Jerry Brewer FEINGOLD, Senator COCHRAN, Senator offices have completed the training to of Flatwoods, KY. It is wonderful to see JOHNSON, Senator LIEBERMAN, Senator make them Safe Place sites, and now him finally receiving the recognition MIKULSKI, Senator DURBIN, Senator have the skills and ability to assist for his service that he has deserved for KOHL, Senator LINCOLN, Senator SHEL- troubled youth. In the coming years, so long. BY, and Senator MURKOWSKI. This ac- Project Safe Place hopes that every On March 6, 2004, Mr. Brewer finally tion will recognize the importance of child in America will have the oppor- received decorations for his out- Project Safe Place and send a message tunity to connect with someone who standing service in combat that he per- that we will keep working to protect can provide immediate help by easily formed while in the army in Vietnam. our children. In countless hours of self- recognizing the Safe Place sign. A special thanks goes out to his daugh- less work, volunteers truly do make a Mr. President, I ask unanimous con- ter, Ms. Melissa Ashworth, for her hard difference every day, and in passing sent that a copy of this resolution be work in correcting this oversight. this resolution, the Senate will be ap- printed at this point in the RECORD. Mr. Brewer served in Vietnam in 1969 plauding the tireless efforts of the There being no objection, the mate- and 1970 as a member of the 478th Engi- thousands of dedicated volunteers rial was ordered to be printed in the neer Battalion of the 11th Infantry Bri- across the Nation for their many con- RECORD, as follows: gade. He did receive a Purple Heart,

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.150 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2709 but his other medals were unfortu- work with their local eye banks to in- health care, job placement, basic living nately delayed for over three decades. crease public awareness of corneal skills training, housing programs, and However, last Saturday Mr. Brewer fi- transplantation and the continuous social support groups. One of the nally received the medals that he had need for donors. I appreciate the oppor- unique outreach tools owned and oper- earned. He was awarded with the tunity to highlight Eye Donor Month ated by Volunteers of America of Flor- Bronze Star, another Purple Heart, the and again, encourage all Americans to ida is their Florida Veterans Mobile Vietnam Service medal, the National sign a donor card and speak with their Service Center. This is a specially de- Defense Service medal, the Good Con- families about their wishes.∑ signed 40-foot-long vehicle from which duct medal, the Republic of Vietnam f medical, dental, mental health, sub- Campaign medal, the Vietnam Cross of stance use and benefits counseling IN MEMORY OF MARC MIRINGOFF Gallantry, and the Combat Infantry- services are provided. It is also used to man’s Badge. ∑ Mr. EDWARDS. Mr. President, every distribute food and clothing to the As one of the U.S. Senators from so often, someone comes along and homeless wherever they are located. Kentucky, I know that Mr. Jerry Brew- changes the way we look at things. The Mobile Service Center is on the er served as a fine example of what it Marc Miringoff was such a person. We road 200 days per year and has traveled means to be true patriot and an Amer- note his passing last week in New York more than 30,000 miles, serving over 40 ican of the highest caliber. We must re- at the age of 58. counties in Florida to reach over 3,000 member that the American way of life Marc was a gifted social scientist homeless veterans per year. This in- has been made possible by the bravery who had the crucial insight that cludes outreach to rural encampments of men and women like Mr. Brewer. progress ought not be measured in eco- in areas such as the Florida Ever- When freedom has been challenged, nomic terms alone. Gross national glades, Ocala National Forest, and the many like him have answered the call product, gross domestic product, net Barrier Islands off of the Keys. to arms. We must never forget that. foreign investment, balance of pay- The Mobile Service Center is funded f ments, net savings rates—all of these through a unique partnership of Gov- ADDITIONAL STATEMENTS thrown together, properly weighted ernment, corporate and not-for-profit and critically analyzed could certainly organizations which includes the U.S. tell us much about the state of our Department of Veterans’ Affairs, Eli NATIONAL EYE DONOR MONTH economy. But Marc asked whether Lilly and Company, USAA, many vet- ∑ Mr. SESSIONS. Mr. President, I rise they would give us the true measure of erans service organizations—including: today to bring to the attention of my our society. He concluded they did not. DAV, VVA, AMVETS, VFW, PVA, colleagues and all of our constituents In the 1980s, Marc sought to change American Legion, NCOA, Korean War across the Nation that March is Na- that. He founded the Fordham Insti- Veterans, Jewish War Veterans, tional Eye Donor Month. The first eye tute for Innovation in Social Policy in VietNow, Marine Corps League—and bank opened in 1944 and since then, 1985, where he worked to develop an Volunteers of America of Florida. over half a million Americans have re- index to measure the Nation’s social In Florida alone, there are between ceived the gift of sight. Now, Ameri- health. The index consisted of a num- 17,000 and 23,000 homeless veterans who cans throughout the country have the ber of measures that reflected the are living on the streets on any given power to help restore sight to thou- worlds of public health, education, the night. Nationally, there are about sands of people in need. Mrs. Jeanne justice system, and violence. Marc 300,000 homeless veterans on any given Bross, 65, can return to college in burrowed beneath the numbers to find night. In a year, that number jumps to South Carolina with restored sight the underlying, often invisible, struc- over half a million veterans who will after receiving a corneal transplant in tures of poverty that undermined eco- experience homelessness. a Birmingham, AL hospital. This amaz- nomic progress. As a new generation of veterans ing turn in her life would not have been I was privileged to know Marc. I ben- begin to return home, it has become in- easy without someone giving the pre- efited from his counsel and was chal- creasingly important to cultivate safe- cious gift of sight. lenged by his insights. I know that ty net programs for our Nation’s vet- The purpose of Eye Donor Month is Marc was no dry-as-dust academic. He erans. Volunteers of America of Flor- to educate each and every American relished the political arena as much as ida is battling to break the cycle of family to the opportunity to give the he enriched the academic forum. He homelessness and reintegrate these gift of sight and to make a terrific dif- was an evangelist for the concept of so- brave veterans back into society. It ference in someone’s life. This month cial health. His eyes sparkled when an gives me great pleasure to honor the marks an opportunity to celebrate the elected official got hooked on his ideas. paid and volunteer staff that makes gift of sight, to raise public awareness He worked hard, bringing others along, these programs possible throughout and to honor past donors and their encouraging them to look more deeply the great State of Florida.∑ families. The process to become a at the fabric of American society and donor takes just minutes. All a donor to work harder to make it a richer, f needs to do is sign a donor card and stronger fabric. (At the request of Mr. DASCHLE, the most importantly, discuss their dona- I will miss Marc. We all will miss following statement was ordered to be tion wishes with their family. him. Right now, the country needs printed in the RECORD.) Last year over 46,000 Americans had more people like him. I offer my condo- SBA EMERGENCY AUTHORIZATION their sight restored through the mir- lences to his wife, Marque, and to his EXTENSION ACT OF 2004 acle of corneal transplantation. This family.∑ ∑ year, thousands of Americans will re- f Mr. KERRY. Mr. President, earlier quire a sight restoring cornea trans- this week I introduced a bill, S. 2186, to plant due to the continual need for cor- VOLUNTEERS OF AMERICA OF keep the SBA, its two largest lending nea and tissue. Our eye banks across FLORIDA programs, the 504 and 7(a) Loan Guar- the Nation, along with the Eye Bank ∑ Mr. GRAHAM of Florida. Mr. Presi- antee Programs, and the Women’s Association of America, work to ensure dent, as ranking member on the Com- Business Centers up and running that all of these Americans will receive mittee on Veterans’ Affairs, I rise to through the remainder of this year, the tissue they need. It is also impor- acknowledge an extraordinary chari- September 30, 2004. I ask that these let- tant to note that there are ever chang- table organization, which serves some ters of support be printed in the ing strict standards, screening proce- of this country’s most troubled and dis- RECORD. One letter is from Mary Kay dures and accreditation programs in advantaged veterans. This organization Hamm of Linden International based in place to ensure that each of the recipi- is the Volunteers of America of Flor- Wayne, Pennsylvania, and the other is ents receives safe tissue, achieving a ida. from Tjuana C. Byrd, an attorney in success rate of over 90 percent. The Volunteers of America of Florida Little Rock, Arkansas, who is a mem- As National Eye Donor Month pro- provides essential services to veterans ber of the National Association of ceeds, I encourage my colleagues to such as supported employment, mental Women Business Owners. I thank them

VerDate jul 14 2003 00:20 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.122 S11PT2 S2710 CONGRESSIONAL RECORD — SENATE March 11, 2004 and the many other small business as- REPORT OF THE CONTINUATION The message also announced that the sociations that have helped us find so- OF THE NATIONAL EMERGENCY House has passed the following bill, lutions, demonstrating great coopera- WITH RESPECT TO IRAN THAT with an amendment: tion in a difficult position, to help WAS DECLARED IN EXECUTIVE S. 1881. An act to amend the Federal Food, small businesses. ORDER 12957—PM 73 Drug, and Cosmetic Act to make technical The letters follow: The PRESIDING OFFICER laid be- corrections relating to the amendments by the Medical Device User Fee and Moderniza- LINDEN INTERNATIONAL, fore the Senate the following message tion Act of 2002, and for other purposes. Wayne, PA. from the President of the United Hon. JOHN KERRY, States, together with an accompanying The message further announced that Ranking Member, Senate Committee on Small the House has agreed to the following Business and Entrepreneurship, Russell report; which was referred to the Com- mittee on Banking, Housing, and concurrent resolution, in which it re- Senate Office Building, Washington, DC. quests the concurrence of the Senate: DEAR SENATOR KERRY: I would greatly ap- Urban Affairs: preciate your support of the 7a program H. Con. Res. 373. Concurrent resolution ex- To the Congress of the United States: pressing the sense of Congress that Kids ‘‘rescue’’. I favor the following to help me Section 202(d) of the National Emer- and many other small businesses rebound Love a Mystery is a program and promotes gencies Act (50 U.S.C. 1622(d)) provides literacy and should be encouraged. and re-grow: for the automatic termination of a na- 1. Allow piggyback loans, and charge a 0.50 percent lender fee. tional emergency unless, prior to the At 2:46 p.m., a message from the 2. Raise lender fees by 0.10 percent. anniversary date of its declaration, the House of Representatives, delivered by 3. For loans under $150,000, have lenders President publishes in the Federal Reg- Ms. Niland, one of its reading clerks, pay the SBA the 0.25 percent fee that the ister and transmits to the Congress a announced that the House has passed lender now keeps for themselves. notice stating that the emergency is to the following bills, in which it requests We all are keening for help to re-establish continue in effect beyond the anniver- the concurrence of the Senate: ourselves and assure a firm foundation for sary date. In accordance with this pro- H.R. 3717. An act to increase the penalties the future of small businesses in the US. vision, I have sent the enclosed notice, for violations by television and radio broad- Sincere thanks, casters of the prohibitions against trans- Very truly yours, stating that the Iran emergency is to mission of obscene, indecent, and profane MARY KAY HAMM, continue in effect beyond March 15, material, and for other purposes. President and CEO. 2004, to the Federal Register for publi- cation. The most recent notice con- H.R. 3915. An act to provide for an addi- tional temporary extension of programs MARCH 11, 2004. tinuing this emergency was published under the Small Business Act and the Small Hon. JOHN KERRY, in the Federal Register on March 14, 2003 Business Investment Act of 1958 through Ranking Member, Senate Small Business Com- (68 Fed. Reg. 12563). April 2, 2004, and for other purposes. mittee, Washington, DC. The crisis between the United States The message also announced that the DEAR SENATOR KERRY: I am a small busi- and Iran constituted by the actions and ness owner in North Little Rock, AR and a House has agreed to the following con- member of the National Association of policies of the Government of Iran, in- current resolution, in which it requests Women Business Owners (NAWBO). I under- cluding its support for international the concurrence of the Senate: stand that a package is before the Senate terrorism, efforts to undermine Middle H. Con. Res. 15. Concurrent resolution Small Business Committee that may be East peace, and acquisition of weapons commending India on its celebration of Re- brought up as early as next week in the of mass destruction and the means to public Day. whole Senate concerning the SBA 7(a) pro- deliver them, that led to the declara- The message further announced that gram. tion of a national emergency on March Absent the SBA asking Congress for addi- pursuant to section 7(b)(1) of the Pris- 15, 1995, has not been resolved. These tional funding, NAWBO supports increasing on Rape Elimination Act of 2003 (42 actions and policies are contrary to the fees on lenders as an approach to adequately U.S.C. 15606), and the order of the interests of the United States in the re- funding the SBA 7(a) program and lifting re- House of December 8, 2003, the Speaker gion and pose a continuing unusual and striction. Specifically, NAWBO would like appoints the following member on the the program to: extraordinary threat to the national part of the House of Representatives to Allow piggyback loans, but charge a 0.50 security, foreign policy, and economy the National Prison Rape Reduction percent lender fee for each. of the United States. For these rea- Commission: Mr. Pat Nolan of Lees- Raise lender fees by 0.10 percent. sons, I have determined that it is nec- For loans that are under $150,000, have burg, Virginia. essary to continue the national emer- lenders pay the SBA the 0.25 percent fee that lenders currently keep for themselves. This gency declared with respect to Iran and At 6:26 p.m., a message from the only applies to these small loans. maintain in force comprehensive sanc- House of Representatives, delivered by Senator Kerry, we would appreciate your tions against Iran to respond to this Ms. Niland, one of its reading clerks, support of our position. Can we count on threat. announced that the House has agreed you? Thank you for your consideration. GEORGE W. BUSH. to the following concurrent resolution, Sincerely, THE WHITE HOUSE, March 10, 2004. TJUANA C. BYRD, without amendment: f Attorney at Law.∑ S. Con. Res. 98. Concurrent resolution pro- MESSAGES FROM THE HOUSE viding for a conditional adjournment or re- f cess of the Senate. At 12:09 p.m., a message from the MESSAGES FROM THE PRESIDENT House of Representatives, delivered by f Ms. Niland, one of its reading clerks, Messages from the President of the announced that the House has passed United States were communicated to MEASURES REFERRED—MARCH 10, the following bills, in which it requests 2004 the Senate by Ms. Evans, one of his the concurrence of the Senate: secretaries. The following bills were read the first H.R. 339. An act to prevent legislature and and the second times by unanimous f regulatory functions from being usurped by civil liability actions brought or continued consent, and referred as indicated: EXECUTIVE MESSAGES REFERRED against food manufacturers, marketers, dis- H.R. 3536. An act to designate the facility tributors, advertisers, sellers, and trade as- of the United States Postal Service located As in executive session the Presiding sociations for claims of injury relating to a at 210 Main street in Malden, Illinois, as the Officer laid before the Senate messages persons’s weight gain, obesity, or any health ‘‘Army Staff Sgt. Lincoln Hollinsaid Malden from the President of the United condition associated with weight gain or Post Office’’; to the Committee on Govern- States submitting sundry nominations obesity. mental Affairs. which were referred to the appropriate H.R. 2391. An act to amend title 35, United H.R. 3537. An act to designate the facility States Code, to promote research among uni- of the United States Postal Service located committees. versities, the public sector, and private en- at 185 State Street in Manhattan, Illinois, as (The nominations received today are terprises. the ‘‘Army Pvt. Shawn Pahnke Manhattan printed at the end of the Senate pro- H.R. 2714. An act to reauthorize the State Post Office’’; to the Committee on Govern- ceedings.) Justice Institute. ment Affairs.

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.194 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2711 MEASURES REFERRED the Smallpox Emergency Personnel Protec- EC–6663. A communication from the Acting tion Act of 2003 (SEPPA)’’ (Notice 2004–17) re- Chief, Publications and Regulations Branch, The following bills were read the first ceived on March 8, 2004; to the Committee on Internal Revenue Service, transmitting, pur- and the second times by unanimous Finance. suant to law, the report of a rule entitled consent, and referred as indicated: EC–6651. A communication from the Acting ‘‘Determination of Interest Rates—April 1, H.R. 2391. To amend title 35, United States Chief, Publications and Regulations Branch, 2004’’ (Rev. Rule 2004–26) received on March 8, Code, to promote cooperative research in- Internal Revenue Service, transmitting, pur- 2004; to the Committee on Finance. volving universities, the public sector, and suant to law, the report of a rule entitled EC–6664. A communication from the Acting private enterprises; to the Committee on the ‘‘Meritless Claims Under Section 861’’ (Rev. Chief, Publications and Regulations Branch, Judiciary. Rul. 2004–30) received on March 8, 2004; to the Internal Revenue Service, transmitting, pur- H.R. 2714. An act to reauthorize the State Committee on Finance. suant to law, the report of a rule entitled Justice Institute; to the Committee on the EC–6652. A communication from the Acting ‘‘Temporary and Proposed Regulation: De- Judiciary. Chief, Publications and Regulations Branch, preciation Treatment of Property Acquired The following concurrent resolutions were Internal Revenue Service, transmitting, pur- in a Like-Kind Exchange or Involuntary Con- read, and referred as indicated: suant to law, the report of a rule entitled version’’ (TD9115) received on March 8, 2004; H. Con. Res. 15. Concurrent resolution ‘‘Removal from Federal Tax System’’ (Rev. to the Committee on Finance. Rul. 2004–31) received on March 8, 2004; to the commending India on its celebration of Re- EC–6665. A communication from the Acting public Day; to the Committee on Foreign Re- Committee on Finance. EC–6653. A communication from the Acting Chief, Publications and Regulations Branch, lations. Internal Revenue Service, transmitting, pur- H. Con. Res. 373. Concurrent resolution ex- Chief, Publications and Regulations Branch, Internal Revenue Service, transmitting, pur- suant to law, the report of a rule entitled pressing the sense of Congress that Kids ‘‘Applicable Federal Rates—June 2002’’ (Rev. Love a Mystery is a program that promotes suant to law, the report of a rule entitled ‘‘Frivolous Reparations Tax Credit’’ (Rev. Rul. 2002–36) received on March 8, 2004; to the literacy and should be encouraged; to the Committee on Finance. Committee on Health, Education, Labor, and Rul. 2004–33) received on March 8, 2004; to the EC–6666. A communication from the Acting Pensions. Committee on Finance. EC–6654. A communication from the Acting Chief, Publications and Regulations Branch, f Chief, Publications and Regulations Branch, Internal Revenue Service, transmitting, pur- MEASURES PLACED ON THE Internal Revenue Service, transmitting, pur- suant to law, the report of a rule entitled CALENDAR suant to law, the report of a rule entitled ‘‘Waiver of 60-Month Bar on Reconsolidation ‘‘Frivolous Zero Return’’ (Rev. Rul. 2004–34) After Disaffiliation’’ (Rev. Proc. 2002–32) re- The following bill was read the sec- received on March 8, 2004; to the Committee ceived on March 8, 2004; to the Committee on ond time, and placed on the calendar: on Finance. Finance. H.R. 1997. An act to amend title 18, United EC–6655. A communication from the Acting EC–6667. A communication from the Acting States Code, and the Uniform Code of Mili- Chief, Publications and Regulations Branch, Chief, Publications and Regulations Branch, tary Justice to protect unborn children from Internal Revenue Service, transmitting, pur- Internal Revenue Service, transmitting, pur- assault and murder, and for other purposes. suant to law, the report of a rule entitled suant to law, the report of a rule entitled ‘‘Meritless Claim of Right’’ (Rev. Rul. 2004– ‘‘Annual Report Concerning the Pre-Filing f 29) received on March 8, 2004; to the Com- Agreement Program’’ (Ann. 2002–54) received EXECUTIVE AND OTHER mittee on Finance. on March 8, 2004; to the Committee on Fi- COMMUNICATIONS EC–6656. A communication from the Acting nance. Chief, Publications and Regulations Branch, EC–6668. A communication from the Acting The following communications were Internal Revenue Service, transmitting, pur- Chief, Publications and Regulations Branch, suant to law, the report of a rule entitled laid before the Senate, together with Internal Revenue Service, transmitting, pur- ‘‘Meritless Foreign Income Exclusion’’ (Rev. accompanying papers, reports, and doc- suant to law, the report of a rule entitled Rul. 2004–28) received on March 8, 2004; to the uments, and were referred as indicated: ‘‘Section 911 Waiver Rev. Proc-2003 Update’’ Committee on Finance. EC–6645. A communication from the Assist- EC–6657. A communication from the Acting (Rev. Proc. 2004–17) received on March 8, 2004; ant Secretary for Legislative Affairs, De- Chief, Publications and Regulations Branch, to the Committee on Finance. partment of State, transmitting, pursuant to Internal Revenue Service, transmitting, pur- EC–6669. A communication from the Acting law, a report relative to U.S. military per- suant to law, the report of a rule entitled Chief, Publications and Regulations Branch, sonnel and U.S. individual civilians retained ‘‘Corporation Sole Entity’’ (Rev. Rul. 2004– Internal Revenue Service, transmitting, pur- as contractors involved in the anti-narcotics 27) received on March 8, 2004; to the Com- suant to law, the report of a rule entitled campaign in Colombia; to the Committee on mittee on Finance. ‘‘January–March 2004 Bond Factor Amounts’’ Foreign Relations. EC–6658. A communication from the Acting (Rev. Rule 2004–16) received on March 8, 2004; EC–6646. A communication from the Assist- Chief, Publications and Regulations Branch, to the Committee on Finance. ant Secretary for Legislative Affairs, De- Internal Revenue Service, transmitting, pur- EC–6670. A communication from the Acting partment of State, transmitting, pursuant to suant to law, the report of a rule entitled Chief, Publications and Regulations Branch, law, a report relative to U.S. military per- ‘‘Frivolous Tax Returns’’ (Notice 2004–22) re- Internal Revenue Service, transmitting, pur- sonnel and U.S. individual civilians retained ceived on March 8, 2004; to the Committee on suant to law, the report of a rule entitled as contractors involved in the anti-narcotics Finance. ‘‘Appeals Settlement Guidelines: Lease In/ campaign in Colombia; to the Committee on EC–6659. A communication from the Acting Lease Out Transactions’’ (UIL9307–07–00) re- Foreign Relations. Chief, Publications and Regulations Branch, ceived on March 8, 2004; to the Committee on EC–6647. A communication from the Acting Internal Revenue Service, transmitting, pur- Finance. Chief, Publications and Regulations Branch, suant to law, the report of a rule entitled EC–6671. A communication from the Com- Internal Revenue Service, transmitting, pur- ‘‘Common Misperceptions About Income missioner, Social Security Administration, suant to law, the report of a rule entitled Taxes’’ (Notice 2004–13) received on March 8, transmitting, a draft of proposed legislation ‘‘Weighted Average Interest Rate Update No- 2004; to the Committee on Finance. to make an amendment to the Supplemental tice’’ (Notice 2004–24) received on March 8, EC–6660. A communication from the Acting Security Income program; to the Committee 2004; to the Committee on Finance. Chief, Publications and Regulations Branch, on Finance. EC–6648. A communication from the Acting Internal Revenue Service, transmitting, pur- Chief, Publications and Regulations Branch, suant to law, the report of a rule entitled EC–6672. A communication from the Con- Internal Revenue Service, transmitting, pur- ‘‘Section 1.856–4; Rents from Real Property’’ gressional Review Coordinator, Animal and suant to law, the report of a rule entitled (Rev. Rule 2004–24) received on March 8, 2004; Plant Health Inspection Service, Department ‘‘Removal From Federal Tax System’’ (Rev. to the Committee on Finance. of Agriculture, transmitting, pursuant to Rul. 2004–31) received on March 8, 2004; to the EC–6661. A communication from the Acting law, the report of a rule entitled ‘‘Asian Committee on Finance. Chief, Publications and Regulations Branch, Longhorned Beetle; Quarantined Areas’’ EC–6649. A communication from the Acting Internal Revenue Service, transmitting, pur- (Doc. No. 04–002–1) received on March 9, 2004; Chief, Publications and Regulations Branch, suant to law, the report of a rule entitled to the Committee on Agriculture, Nutrition, Internal Revenue Service, transmitting, pur- ‘‘FLEP Cost Share Payments’’ (Rev. Rule and Forestry. suant to law, the report of a rule entitled 2004–8) received on March 8, 2004; to the Com- EC–6673. A communication from the Assist- ‘‘Frivolous Home-Based Deductions’’ (Rev. mittee on Finance. ant Director, Executive and Political Per- Rul. 2004–32) received on March 8, 2004; to the EC–6662. A communication from the Acting sonnel, Department of Defense, transmit- Committee on Finance. Chief, Publications and Regulations Branch, ting, pursuant to law, the report of a nomi- EC–6650. A communication from the Acting Internal Revenue Service, transmitting, pur- nation for the position of Assistant Sec- Chief, Publications and Regulations Branch, suant to law, the report of a rule entitled retary of Defense for Networks and Informa- Internal Revenue Service, transmitting, pur- ‘‘Section 35-Credit for Health Care’’ (Rev. tion Integration, Department of Defense, re- suant to law, the report of a rule entitled Proc. 2004–12) received on March 8, 2004; to ceived on December 30, 2003; to the Com- ‘‘Tax Treatment of Benefits Received Under the Committee on Finance. mittee on Armed Services.

VerDate jul 14 2003 00:31 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.140 S11PT2 S2712 CONGRESSIONAL RECORD — SENATE March 11, 2004 EC–6674. A communication from the Under [Treaty Doc. 103–39 United Nations Conven- cargo, armament, means of propulsion, flag, Secretary of Defense for Acquisition, Tech- tion on the Law of the Sea (Exec. Rept. No. origin, destination, or purpose; and nology, and Logistics, Department of De- 108–10)] (D) the Convention does not authorize a fense, transmitting, pursuant to law, a re- Section 1. Senate advice and consent sub- coastal State to condition the exercise of the port relative to changes to the Office of Man- ject to declarations and understandings. right of innocent passage by any ships, in- agement and Budget Circular; to the Com- The Senate advises and consents to the ac- cluding warships, on the giving of prior noti- mittee on Armed Services. cession to the United Nations Convention on fication to or the receipt of prior permission EC–6675. A communication from the Assist- the Law of the Sea, with annexes, adopted on from the coastal State. ant Secretary of Defense for Health Affairs, December 10, 1982 (hereafter in this resolu- (3) The United States understands, con- Department of Defense, transmitting, pursu- tion referred to as the ‘‘Convention’’), and to cerning Parts III and IV of the Convention, ant to law, a report relative to the Military the ratification of the Agreement Relating that— Health System; to the Committee on Armed to the Implementation of Part XI of the (A) all ships and aircraft, including war- Services. United Nations Convention on the Law of ships and military aircraft, regardless of, for EC–6676. A communication from the Under the Sea, with annex, adopted on July 28, 1994 example, cargo, armament, means of propul- Secretary of Defense for Personnel and Read- (hereafter in this resolution referred to as sion, flag, origin, destination, or purpose, are iness, Department of Defense, transmitting, the ‘‘Agreement’’) (Treaty Doc. 103–39), sub- entitled to transit passage and archipelagic pursuant to law, a report relative to those ject to the declarations of section 2, to be sea lanes passage in their ‘‘normal mode’’; units of the Ready Reserve of the Armed made under articles 287 and 298 of the Con- (B) ‘‘normal mode’’ includes, inter alia— Forces that remained on active duty under vention, the declarations and understandings (i) submerged transit of submarines; the provisions of section 12302 as of January of section 3, to be made under article 310 of (ii) overflight by military aircraft, includ- 1, 2004; to the Committee on Armed Services. the Convention, and the conditions of sec- ing in military formation; EC–6677. A communication from the Under tion 4. (iii) activities necessary for the security of Secretary of Defense for Personnel and Read- Sec. 2. Declarations under articles 287 and surface warships, such as formation steam- iness, Department of Defense, transmitting, 298. ing and other force protection measures; pursuant to law, the Department’s Edu- The advice and consent of the Senate (iv) underway replenishment; and cation Activity (DoDEA) 2000–01 Overview of under section 1 is subject to the following (v) the launching and recovery of aircraft; Student Progress; to the Committee on declarations: (C) the words ‘‘strait’’ and ‘‘straits’’ are Armed Services. (1) The Government of the United States of EC–6678. A communication from the Direc- not limited by geographic names or cat- America declares, in accordance with article egories and include all waters not subject to tor, Procurement and Industrial Base Policy, 287(1), that it chooses the following means Department of the Army, transmitting, pur- Part IV that separate one part of the high for the settlement of disputes concerning the seas or exclusive economic zone from an- suant to law, the report of a rule entitled ‘‘48 interpretation or application of the Conven- CFR Part 5125, Foreign Acquisition’’ other part of the high seas or exclusive eco- tion: nomic zone or other areas referred to in arti- (RIN0702–AA38) received on March 8, 2004; to (A) a special arbitral tribunal constituted the Committee on Armed Services. cle 45; in accordance with Annex VIII for the settle- (D) the term ‘‘used for international navi- f ment of disputes concerning the interpreta- gation’’ includes all straits capable of being tion or application of the articles of the Con- used for international navigation; and EXECUTIVE REPORTS OF vention relating to (1) fisheries, (2) protec- (E) the right of archipelagic sea lanes pas- COMMITTEES tion and preservation of the marine environ- sage is not dependent upon the designation ment, (3) marine scientific research, and (4) The following executive reports of by archipelagic States of specific sea lanes navigation, including pollution from vessels committees were submitted: and/or air routes and, in the absence of such and by dumping; and designation or if there has been only a par- By Mr. SHELBY for the Committee on (B) an arbitral tribunal constituted in ac- tial designation, may be exercised through Banking, Housing, and Urban Affairs. cordance with Annex VII for the settlement all routes normally used for international *Rhonda Keenum, of Mississippi, to be As- of disputes not covered by the declaration in navigation. sistant Secretary of Commerce and Director subparagraph (A). (4) The United States understands, with re- General of the United States and Foreign (2) The Government of the United States of spect to the exclusive economic zone, that— Commercial Services. America declares, in accordance with article (A) all States enjoy high seas freedoms of *Linda Mysliwy Conlin, of New Jersey, to 298(1), that it does not accept any of the pro- navigation and overflight and all other inter- be a Member of the Board of Directors of the cedures provided for in section 2 of Part XV nationally lawful uses of the sea related to Export-Import Bank of the United States for (including, inter alia, the Sea-Bed Disputes these freedoms, including, inter alia, mili- a term expiring January 20, 2007. Chamber procedure referred to in article tary activities, such as anchoring, launching By Mr. HATCH for the Committee on the 287(2)) with respect to the categories of dis- and landing of aircraft and other military Judiciary. putes set forth in subparagraphs (a), (b), and devices, launching and recovering water- William James Haynes II, of Virginia, to be (c) of article 298(1). The United States fur- borne craft, operating military devices, in- United States Circuit Judge for the Fourth ther declares that its consent to accession to telligence collection, surveillance and recon- Circuit. the Convention is conditioned upon the un- naissance activities, exercises, operations, Lawrence F. Stengel, of Pennsylvania, to derstanding that, under article 298(1)(b), each and conducting military surveys; and be United States District Judge for the East- State Party has the exclusive right to deter- ern District of Pennsylvania. mine whether its activities are or were (B) coastal State actions pertaining to Diane S. Sykes, of Wisconsin, to be United ‘‘military activities’’ and that such deter- these freedoms and uses must be in accord- States Circuit Judge for the Seventh Circuit. minations are not subject to review. ance with the Convention. Juan R. Sanchez, of Pennsylvania, to be Sec. 3. Other declarations and under- (5) The United States understands that United States District Judge for the Eastern standings under article 310. ‘‘marine scientific research’’ does not in- District of Pennsylvania. The advice and consent of the Senate clude, inter alia— James L. Robart, of Washington, to be under section 1 is subject to the following (A) prospecting and exploration of natural United States District Judge for the Western declarations and understandings: resources; District of Washington. (1) The United States understands that (B) hydrographic surveys; *Nomination was reported with rec- nothing in the Convention, including any (C) military activities, including military ommendation that it be confirmed sub- provisions referring to ‘‘peaceful uses’’ or surveys; ject to the nominee’s commitment to ‘‘peaceful purposes,’’ impairs the inherent (D) environmental monitoring and assess- ment pursuant to section 4 of Part XII; or respond to requests to appear and tes- right of individual or collective self-defense or rights during armed conflict. (E) activities related to submerged wrecks tify before any duly constituted com- (2) The United States understands, with re- or objects of an archaeological and historical mittee of the Senate. spect to the right of innocent passage under nature. (Nominations without an asterisk the Convention, that— (6) The United States understands that any were reported with the recommenda- (A) all ships, including warships, regardless declaration or statement purporting to limit tion that they be confirmed.) of, for example, cargo, armament, means of navigation, overflight, or other rights and freedoms of all States in ways not permitted f propulsion, flag, origin, destination, or pur- pose, enjoy the right of innocent passage; by the Convention contravenes the Conven- EXECUTIVE REPORT OF (B) article 19(2) contains an exhaustive list tion. Lack of a response by the United States COMMITTEE of activities that render passage non-inno- to a particular declaration or statement cent; made under the Convention shall not be in- The following executive report of (C) any determination of non-innocence of terpreted as tacit acceptance by the United committee was submitted: passage by a ship must be made on the basis States of that declaration or statement. By Mr. LUGAR, from the Committee on of acts it commits while in the territorial (7) The United States understands that Foreign Relations: sea, and not on the basis of, for example, nothing in the Convention limits the ability

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.142 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2713 of a State to prohibit or restrict imports of (15) The United States understands that Sec. 4. Conditions. goods into its territory in order to, inter the Convention supports a coastal State’s ex- (a) In General.—The advice and consent of alia, promote or require compliance with en- ercise of its domestic authority to regulate the Senate under section 1 is subject to the vironmental and conservation laws, norms, discharges into the marine environment re- following conditions: and objectives. sulting from industrial operations on board a (1) Not later than 15 days after the receipt (8) The United States understands that ar- foreign vessel. by the Secretary of State of a written com- ticles 220, 228, and 230 apply only to pollution (16) The United States understands that munication from the Secretary-General of from vessels (as referred to in article 211) and the Convention supports a coastal State’s ex- the United Nations or the Secretary-General not, for example, to pollution from dumping. ercise of its domestic authority to regulate of the Authority transmitting a proposal to (9) The United States understands, with re- the introduction into the marine environ- amend the Convention pursuant to article spect to articles 220 and 226, that the ‘‘clear ment of alien or new species. 312, 313, or 314, the President shall submit to grounds’’ requirement set forth in those arti- (17) The United States understands that, the Committee on Foreign Relations of the cles is equivalent to the ‘‘reasonable sus- with respect to articles 61 and 62, a coastal Senate a copy of the proposed amendment. picion’’ standard under United States law. State has the exclusive right to determine (2) Prior to the convening of a Conference (10) The United States understands, with the allowable catch of the living resources in to consider amendments to the Convention respect to article 228(2), that— its exclusive economic zone, whether it has proposed to be adopted pursuant to article (A) the ‘‘proceedings’’ referred to in that the capacity to harvest the entire allowable 312 of the Convention, the President shall paragraph are the same as those referred to catch, whether any surplus exists for alloca- consult with the Committee on Foreign Re- in article 228(1), namely those proceedings in tion to other States, and to establish the lations of the Senate on the amendments to respect of any violation of applicable laws terms and conditions under which access be considered at the Conference. The Presi- and regulations or international rules and may be granted. The United States further dent shall also consult with the Committee standards relating to the prevention, reduc- understands that such determinations are, on Foreign Relations of the Senate on any tion and control of pollution from vessels by virtue of article 297(3)(a), not subject to amendment proposed to be adopted pursuant committed by a foreign vessel beyond the binding dispute resolution under the Conven- to article 313 of the Convention. territorial sea of the State instituting pro- tion. (3) Not later than 15 days prior to any ceedings; and (18) The United States understands that ar- meeting— (B) fraudulent concealment from an officer ticle 65 of the Convention lent direct support (A) of the Council of the International Sea- bed Authority to consider an amendment to of the United States of information con- to the establishment of the moratorium on the Convention proposed to be adopted pur- cerning such pollution would extend the commercial whaling, supports the creation suant to article 314 of the Convention, or three-year period in which such proceedings of sanctuaries and other conservation meas- (B) of any other body under the Convention may be instituted. ures, and requires States to cooperate not to consider an amendment that would enter (11) The United States understands, with only with respect to large whales, but with into force pursuant to article 316(5) of the respect to article 230, that— respect to all cetaceans. Convention, the President shall consult with (A) it applies only to natural persons (19) The United States understands that, the Committee on Foreign Relations of the aboard the foreign vessels at the time of the with respect to article 33, the term ‘‘sanitary Senate on the amendment and on whether act of pollution; laws and regulations’’ includes laws and reg- the United States should object to its adop- (B) the references to ‘‘monetary penalties ulations to protect human health from, inter only’’ exclude only imprisonment and cor- tion. alia, pathogens being introduced into the (4) All amendments to the Convention, poral punishment; territorial sea. other than amendments under article 316(5) (C) the requirement that an act of pollu- (20) The United States understands that of a technical or administrative nature, shall tion be ‘‘wilful’’ in order to impose non-mon- decisions of the Council pursuant to proce- be submitted by the President to the Senate etary penalties would not constrain the im- dures other than those set forth in article position of such penalties for pollution for its advice and consent. 161(8)(d) will involve administrative, institu- (5) The United States declares that it shall caused by gross negligence; tional, or procedural matters and will not re- take all necessary steps under the Conven- (D) in determining what constitutes a ‘‘se- sult in substantive obligations on the United rious’’ act of pollution, a State may con- tion to ensure that amendments under arti- States. cle 316(5) are adopted in conformity with the sider, as appropriate, the cumulative or ag- (21) The United States understands that treaty clause in article 2, section 2 of the gregate impact on the marine environment decisions of the Assembly under article United States Constitution. of repeated acts of pollution over time; and 160(2)(e) to assess the contributions of mem- (b) Inclusion of Certain Conditions in In- (E) among the factors relevant to the de- bers are to be taken pursuant to section 3(7) strument of Ratification.—Conditions 4 and 5 termination whether an act of pollution is of the Annex to the Agreement and that the shall be included in the United States instru- ‘‘serious,’’ a significant factor is non-compli- United States will, pursuant to section 9(3) ment of ratification to the Convention. ance with a generally accepted international of the Annex to the Agreement, be guaran- Section 1. Senate advice and consent sub- rule or standard. teed a seat on the Finance Committee estab- ject to declarations and understandings. (12) The United States understands that lished by section 9(1) of the Annex to the The Senate advises and consents to the ac- sections 6 and 7 of Part XII do not limit the Agreement, so long as the Authority sup- cession to the United Nations Convention on authority of a State to impose penalties, ports itself through assessed contributions. the Law of the Sea, with annexes, adopted on monetary or nonmonetary, for, inter alia— (22) The United States declares, pursuant December 10, 1982 (hereafter in this resolu- (A) non-pollution offenses, such as false to article 39 of Annex VI, that decisions of tion referred to as the ‘‘Convention’’), and to statements, obstruction of justice, and ob- the Seabed Disputes Chamber shall be en- the ratification of the Agreement Relating struction of government or judicial pro- forceable in the territory of the United to the Implementation of Part XI of the ceedings, wherever they occur; or States only in accordance with procedures United Nations Convention on the Law of (B) any violation of national laws and reg- established by implementing legislation and the Sea, with annex, adopted on July 28, 1994 ulations or applicable international rules that such decisions shall be subject to such (hereafter in this resolution referred to as and standards for the prevention, reduction legal and factual review as is constitu- the ‘‘Agreement’’) (Treaty Doc. 103–39), sub- and control of pollution of the marine envi- tionally required and without precedential ject to the declarations of section 2, to be ronment that occurs while a foreign vessel is effect in any court of the United States. made under articles 287 and 298 of the Con- in any of its ports, rivers, harbors, or off- (23) The United States— vention, the declarations and understandings shore terminals. (A) understands that article 161(8)(f) ap- of section 3, to be made under article 310 of (13) The United States understands that plies to the Council’s approval of amend- the Convention, and the conditions of sec- the Convention recognizes and does not con- ments to section 4 of Annex VI; tion 4. strain the long-standing sovereign right of a (B) declares that, under that article, it in- Sec. 2. Declarations under articles 287 and State to impose and enforce conditions for tends to accept only a procedure that re- 298. the entry of foreign vessels into its ports, quires consensus for the adoption of amend- The advice and consent of the Senate rivers, harbors, or offshore terminals, such ments to section 4 of Annex VI; and under section 1 is subject to the following as a requirement that ships exchange ballast (C) in the case of an amendment to section declarations: water beyond 200 nautical miles from shore 4 of Annex VI that is adopted contrary to (1) The Government of the United States of or a requirement that tank vessels carrying this understanding, that is, by a procedure America declares, in accordance with article oil be constructed with double hulls. other than consensus, will consider itself 287(1), that it chooses the following means (14) The United States understands, with bound by such an amendment only if it sub- for the settlement of disputes concerning the respect to article 21(2), that measures apply- sequently ratifies such amendment pursuant interpretation or application of the Conven- ing to the ‘‘design, construction, equipment to the advice and consent of the Senate. tion: or manning’’ do not include, inter alia, meas- (24) The United States declares that, with (A) a special arbitral tribunal constituted ures such as traffic separation schemes, ship the exception of articles 177–183, article 13 of in accordance with Annex VIII for the settle- routing measures, speed limits, quantitative Annex IV, and article 10 of Annex VI, the ment of disputes concerning the interpreta- restrictions on discharge of substances, re- provisions of the Convention and the Agree- tion or application of the articles of the Con- strictions on the discharge and/or uptake of ment, including amendments thereto and vention relating to (1) fisheries, (2) protec- ballast water, reporting requirements, and rules, regulations, and procedures there- tion and preservation of the marine environ- record-keeping requirements. under, are not self-executing. ment, (3) marine scientific research, and (4)

VerDate jul 14 2003 00:31 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.187 S11PT2 S2714 CONGRESSIONAL RECORD — SENATE March 11, 2004 navigation, including pollution from vessels designation or if there has been only a par- (D) in determining what constitutes a ‘‘se- and by dumping; and tial designation, may be exercised through rious’’ act of pollution, a State may con- (B) an arbitral tribunal constituted in ac- all routes normally used for international sider, as appropriate, the cumulative or ag- cordance with Annex VII for the settlement navigation. gregate impact on the marine environment of disputes not covered by the declaration in (4) The United States understands, with re- of repeated acts of pollution over time; and subparagraph (A). spect to the exclusive economic zone, that— (E) among the factors relevant to the de- (2) The Government of the United States of (A) all States enjoy high seas freedoms of termination whether an act of pollution is America declares, in accordance with article navigation and overflight and all other inter- ‘‘serious,’’ a significant factor is non-compli- 298(1), that it does not accept any of the pro- nationally lawful uses of the sea related to ance with a generally accepted international cedures provided for in section 2 of Part XV these freedoms, including, inter alia, mili- rule or standard. (including, inter alia, the Sea-Bed Disputes tary activities, such as anchoring, launching (12) The United States understands that Chamber procedure referred to in article and landing of aircraft and other military sections 6 and 7 of Part XII do not limit the 287(2)) with respect to the categories of dis- devices, launching and recovering water- authority of a State to impose penalties, putes set forth in subparagraphs (a), (b), and borne craft, operating military devices, in- monetary or nonmonetary, for, inter alia— (c) of article 298(1). The United States fur- telligence collection, surveillance and recon- (A) non-pollution offenses, such as false ther declares that its consent to accession to naissance activities, exercises, operations, statements, obstruction of justice, and ob- the Convention is conditioned upon the un- and conducting military surveys; and struction of government or judicial pro- derstanding that, under article 298(1)(b), each (B) coastal State actions pertaining to ceedings, wherever they occur; or State Party has the exclusive right to deter- these freedoms and uses must be in accord- (B) any violation of national laws and reg- mine whether its activities are or were ance with the Convention. ulations or applicable international rules (5) The United States understands that ‘‘military activities’’ and that such deter- and standards for the prevention, reduction ‘‘marine scientific research’’ does not in- minations are not subject to review. and control of pollution of the marine envi- clude, inter alia— Sec. 3. Other declarations and under- ronment that occurs while a foreign vessel is (A) prospecting and exploration of natural standings under article 310. in any of its ports, rivers, harbors, or off- resources; The advice and consent of the Senate shore terminals. under section 1 is subject to the following (B) hydrographic surveys; (C) military activities, including military (13) The United States understands that declarations and understandings: the Convention recognizes and does not con- (1) The United States understands that surveys; (D) environmental monitoring and assess- strain the long-standing sovereign right of a nothing in the Convention, including any ment pursuant to section 4 of Part XII; or State to impose and enforce conditions for provisions referring to ‘‘peaceful uses’’ or (E) activities related to submerged wrecks the entry of foreign vessels into its ports, ‘‘peaceful purposes,’’ impairs the inherent or objects of an archaeological and historical rivers, harbors, or offshore terminals, such right of individual or collective self-defense nature. as a requirement that ships exchange ballast or rights during armed conflict. (6) The United States understands that any water beyond 200 nautical miles from shore (2) The United States understands, with re- declaration or statement purporting to limit or a requirement that tank vessels carrying spect to the right of innocent passage under navigation, overflight, or other rights and oil be constructed with double hulls. the Convention, that— freedoms of all States in ways not permitted (14) The United States understands, with (A) all ships, including warships, regardless by the Convention contravenes the Conven- respect to article 21(2), that measures apply- of, for example, cargo, armament, means of tion. Lack of a response by the United States ing to the ‘‘design, construction, equipment propulsion, flag, origin, destination, or pur- to a particular declaration or statement or manning’’ do not include, inter alia, meas- pose, enjoy the right of innocent passage; made under the Convention shall not be in- ures such as traffic separation schemes, ship (B) article 19(2) contains an exhaustive list terpreted as tacit acceptance by the United routing measures, speed limits, quantitative of activities that render passage non-inno- States of that declaration or statement. restrictions on discharge of substances, re- cent; (7) The United States understands that strictions on the discharge and/or uptake of (C) any determination of non-innocence of nothing in the Convention limits the ability ballast water, reporting requirements, and passage by a ship must be made on the basis of a State to prohibit or restrict imports of record-keeping requirements. of acts it commits while in the territorial goods into its territory in order to, inter (15) The United States understands that sea, and not on the basis of, for example, alia, promote or require compliance with en- the Convention supports a coastal State’s ex- cargo, armament, means of propulsion, flag, vironmental and conservation laws, norms, ercise of its domestic authority to regulate origin, destination, or purpose; and and objectives. discharges into the marine environment re- (D) the Convention does not authorize a (8) The United States understands that ar- sulting from industrial operations on board a coastal State to condition the exercise of the ticles 220, 228, and 230 apply only to pollution foreign vessel. right of innocent passage by any ships, in- from vessels (as referred to in article 211) and (16) The United States understands that cluding warships, on the giving of prior noti- not, for example, to pollution from dumping. fication to or the receipt of prior permission the Convention supports a coastal State’s ex- (9) The United States understands, with re- ercise of its domestic authority to regulate from the coastal State. spect to articles 220 and 226, that the ‘‘clear (3) The United States understands, con- the introduction into the marine environ- grounds’’ requirement set forth in those arti- ment of alien or new species. cerning Parts III and IV of the Convention, cles is equivalent to the ‘‘reasonable sus- that— (17) The United States understands that, picion’’ standard under United States law. with respect to articles 61 and 62, a coastal (A) all ships and aircraft, including war- (10) The United States understands, with State has the exclusive right to determine ships and military aircraft, regardless of, for respect to article 228(2), that— the allowable catch of the living resources in example, cargo, armament, means of propul- (A) the ‘‘proceedings’’ referred to in that its exclusive economic zone, whether it has sion, flag, origin, destination, or purpose, are paragraph are the same as those referred to the capacity to harvest the entire allowable entitled to transit passage and archipelagic in article 228(1), namely those proceedings in catch, whether any surplus exists for alloca- sea lanes passage in their ‘‘normal mode’’; respect of any violation of applicable laws tion to other States, and to establish the (B) ‘‘normal mode’’ includes, inter alia— and regulations or international rules and terms and conditions under which access (i) submerged transit of submarines; standards relating to the prevention, reduc- may be granted. The United States further (ii) overflight by military aircraft, includ- tion and control of pollution from vessels understands that such determinations are, ing in military formation; committed by a foreign vessel beyond the by virtue of article 297(3)(a), not subject to (iii) activities necessary for the security of territorial sea of the State instituting pro- binding dispute resolution under the Conven- surface warships, such as formation steam- ceedings; and ing and other force protection measures; (B) fraudulent concealment from an officer tion. (iv) underway replenishment; and of the United States of information con- (18) The United States understands that ar- (v) the launching and recovery of aircraft; cerning such pollution would extend the ticle 65 of the Convention lent direct support (C) the words ‘‘strait’’ and ‘‘straits’’ are three-year period in which such proceedings to the establishment of the moratorium on not limited by geographic names or cat- may be instituted. commercial whaling, supports the creation egories and include all waters not subject to (11) The United States understands, with of sanctuaries and other conservation meas- Part IV that separate one part of the high respect to article 230, that— ures, and requires States to cooperate not seas or exclusive economic zone from an- (A) it applies only to natural persons only with respect to large whales, but with other part of the high seas or exclusive eco- aboard the foreign vessels at the time of the respect to all cetaceans. nomic zone or other areas referred to in arti- act of pollution; (19) The United States understands that, cle 45; (B) the references to ‘‘monetary penalties with respect to article 33, the term ‘‘sanitary (D) the term ‘‘used for international navi- only’’ exclude only imprisonment and cor- laws and regulations’’ includes laws and reg- gation’’ includes all straits capable of being poral punishment; ulations to protect human health from, inter used for international navigation; and (C) the requirement that an act of pollu- alia, pathogens being introduced into the (E) the right of archipelagic sea lanes pas- tion be ‘‘wilful’’ in order to impose non-mon- territorial sea. sage is not dependent upon the designation etary penalties would not constrain the im- (20) The United States understands that by archipelagic States of specific sea lanes position of such penalties for pollution decisions of the Council pursuant to proce- and/or air routes and, in the absence of such caused by gross negligence; dures other than those set forth in article

VerDate jul 14 2003 00:31 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.189 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2715 161(8)(d) will involve administrative, institu- be submitted by the President to the Senate (B) article 19(2) contains an exhaustive list tional, or procedural matters and will not re- for its advice and consent. of activities that render passage non-inno- sult in substantive obligations on the United (5) The United States declares that it shall cent; States. take all necessary steps under the Conven- (C) any determination of non-innocence of (21) The United States understands that tion to ensure that amendments under arti- passage by a ship must be made on the basis decisions of the Assembly under article cle 316(5) are adopted in conformity with the of acts it commits while in the territorial 160(2)(e) to assess the contributions of mem- treaty clause in article 2, section 2 of the sea, and not on the basis of, for example, bers are to be taken pursuant to section 3(7) United States Constitution. cargo, armament, means of propulsion, flag, of the Annex to the Agreement and that the (b) Inclusion of Certain Conditions in In- origin, destination, or purpose; and United States will, pursuant to section 9(3) strument of Ratification.—Conditions 4 and 5 (D) the Convention does not authorize a of the Annex to the Agreement, be guaran- shall be included in the United States instru- coastal State to condition the exercise of the teed a seat on the Finance Committee estab- ment of ratification to the Convention. right of innocent passage by any ships, in- lished by section 9(1) of the Annex to the Section 1. Senate advice and consent sub- cluding warships, on the giving of prior noti- Agreement, so long as the Authority sup- ject to declarations and understandings. fication to or the receipt of prior permission The Senate advises and consents to the ac- ports itself through assessed contributions. from the coastal State. (22) The United States declares, pursuant cession to the United Nations Convention on (3) The United States understands, con- the Law of the Sea, with annexes, adopted on to article 39 of Annex VI, that decisions of cerning Parts III and IV of the Convention, December 10, 1982 (hereafter in this resolu- the Seabed Disputes Chamber shall be en- that— tion referred to as the ‘‘Convention’’), and to forceable in the territory of the United (A) all ships and aircraft, including war- the ratification of the Agreement Relating States only in accordance with procedures ships and military aircraft, regardless of, for to the Implementation of Part XI of the established by implementing legislation and example, cargo, armament, means of propul- United Nations Convention on the Law of that such decisions shall be subject to such sion, flag, origin, destination, or purpose, are the Sea, with annex, adopted on July 28, 1994 legal and factual review as is constitu- entitled to transit passage and archipelagic (hereafter in this resolution referred to as tionally required and without precedential sea lanes passage in their ‘‘normal mode’’; the ‘‘Agreement’’) (Treaty Doc. 103–39), sub- effect in any court of the United States. (B) ‘‘normal mode’’ includes, inter alia ject to the declarations of section 2, to be (23) The United States— (i) submerged transit of submarines; made under articles 287 and 298 of the Con- (A) understands that article 161(8)(f) ap- (ii) overflight by military aircraft, includ- vention, the declarations and understandings plies to the Council’s approval of amend- ing in military formation; of section 3, to be made under article 310 of ments to section 4 of Annex VI; (iii) activities necessary for the security of (B) declares that, under that article, it in- the Convention, and the conditions of sec- surface warships, such as formation steam- tends to accept only a procedure that re- tion 4. ing and other force protection measures; Sec. 2. Declarations under articles 287 and quires consensus for the adoption of amend- (iv) underway replenishment; and 298. (v) the launching and recovery of aircraft; ments to section 4 of Annex VI; and The advice and consent of the Senate (C) in the case of an amendment to section (C) the words ‘‘strait’’ and ‘‘straits’’ are under section 1 is subject to the following 4 of Annex VI that is adopted contrary to not limited by geographic names or cat- declarations: egories and include all waters not subject to this understanding, that is, by a procedure (1) The Government of the United States of Part IV that separate one part of the high other than consensus, will consider itself America declares, in accordance with article seas or exclusive economic zone from an- bound by such an amendment only if it sub- 287(1), that it chooses the following means other part of the high seas or exclusive eco- sequently ratifies such amendment pursuant for the settlement of disputes concerning the nomic zone or other areas referred to in arti- to the advice and consent of the Senate. interpretation or application of the Conven- cle 45; (24) The United States declares that, with tion: the exception of articles 177–183, article 13 of (A) a special arbitral tribunal constituted (D) the term ‘‘used for international navi- Annex IV, and article 10 of Annex VI, the in accordance with Annex VIII for the settle- gation’’ includes all straits capable of being provisions of the Convention and the Agree- ment of disputes concerning the interpreta- used for international navigation; and ment, including amendments thereto and tion or application of the articles of the Con- (E) the right of archipelagic sea lanes pas- rules, regulations, and procedures there- vention relating to (1) fisheries, (2) protec- sage is not dependent upon the designation under, are not self-executing. tion and preservation of the marine environ- by archipelagic States of specific sea lanes Sec. 4. Conditions. ment, (3) marine scientific research, and (4) and/or air routes and, in the absence of such (a) In General.—The advice and consent of navigation, including pollution from vessels designation or if there has been only a par- the Senate under section 1 is subject to the and by dumping; and tial designation, may be exercised through following conditions: (B) an arbitral tribunal constituted in ac- all routes normally used for international (1) Not later than 15 days after the receipt cordance with Annex VII for the settlement navigation. by the Secretary of State of a written com- of disputes not covered by the declaration in (4) The United States understands, with re- munication from the Secretary-General of subparagraph (A). spect to the exclusive economic zone, that— the United Nations or the Secretary-General (2) The Government of the United States of (A) all States enjoy high seas freedoms of of the Authority transmitting a proposal to America declares, in accordance with article navigation and overflight and all other inter- amend the Convention pursuant to article 298(1), that it does not accept any of the pro- nationally lawful uses of the sea related to 312, 313, or 314, the President shall submit to cedures provided for in section 2 of Part XV these freedoms, including, inter alia, mili- the Committee on Foreign Relations of the (including, inter alia, the Sea-Bed Disputes tary activities, such as anchoring, launching Senate a copy of the proposed amendment. Chamber procedure referred to in article and landing of aircraft and other military (2) Prior to the convening of a Conference 287(2)) with respect to the categories of dis- devices, launching and recovering water- to consider amendments to the Convention putes set forth in subparagraphs (a), (b), and borne craft, operating military devices, in- proposed to be adopted pursuant to article (c) of article 298(1). The United States fur- telligence collection, surveillance and recon- 312 of the Convention, the President shall ther declares that its consent to accession to naissance activities, exercises, operations, consult with the Committee on Foreign Re- the Convention is conditioned upon the un- and conducting military surveys; and lations of the Senate on the amendments to derstanding that, under article 298(1)(b), each (B) coastal State actions pertaining to be considered at the Conference. The Presi- State Party has the exclusive right to deter- these freedoms and uses must be in accord- dent shall also consult with the Committee mine whether its activities are or were ance with the Convention. on Foreign Relations of the Senate on any ‘‘military activities’’ and that such deter- (5) The United States understands that amendment proposed to be adopted pursuant minations are not subject to review. ‘‘marine scientific research’’ does not in- to article 313 of the Convention. Sec. 3. Other declarations and under- clude, inter alia— (3) Not later than 15 days prior to any standings under article 310. (A) prospecting and exploration of natural meeting— The advice and consent of the Senate resources; (A) of the Council of the International Sea- under section 1 is subject to the following (B) hydrographic surveys; bed Authority to consider an amendment to declarations and understandings: (C) military activities, including military the Convention proposed to be adopted pur- (1) The United States understands that surveys; suant to article 314 of the Convention, or nothing in the Convention, including any (D) environmental monitoring and assess- (B) of any other body under the Convention provisions referring to ‘‘peaceful uses’’ or ment pursuant to section 4 of Part XII; or to consider an amendment that would enter ‘‘peaceful purposes,’’ impairs the inherent (E) activities related to submerged wrecks into force pursuant to article 316(5) of the right of individual or collective self-defense or objects of an archaeological and historical Convention, the President shall consult with or rights during armed conflict. nature. the Committee on Foreign Relations of the (2) The United States understands, with re- (6) The United States understands that any Senate on the amendment and on whether spect to the right of innocent passage under declaration or statement purporting to limit the United States should object to its adop- the Convention, that— navigation, overflight, or other rights and tion. (A) all ships, including warships, regardless freedoms of all States in ways not permitted (4) All amendments to the Convention, of, for example, cargo, armament, means of by the Convention contravenes the Conven- other than amendments under article 316(5) propulsion, flag, origin, destination, or pur- tion. Lack of a response by the United States of a technical or administrative nature, shall pose, enjoy the right of innocent passage; to a particular declaration or statement

VerDate jul 14 2003 00:31 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.191 S11PT2 S2716 CONGRESSIONAL RECORD — SENATE March 11, 2004 made under the Convention shall not be in- ures such as traffic separation schemes, ship (24) The United States declares that, with terpreted as tacit acceptance by the United routing measures, speed limits, quantitative the exception of articles 177–183, article 13 of States of that declaration or statement. restrictions on discharge of substances, re- Annex IV, and article 10 of Annex VI, the (7) The United States understands that strictions on the discharge and/or uptake of provisions of the Convention and the Agree- nothing in the Convention limits the ability ballast water, reporting requirements, and ment, including amendments thereto and of a State to prohibit or restrict imports of record-keeping requirements. rules, regulations, and procedures there- goods into its territory in order to, inter (15) The United States understands that under, are not self-executing. alia, promote or require compliance with en- the Convention supports a coastal State’s ex- Sec. 4. Conditions. vironmental and conservation laws, norms, ercise of its domestic authority to regulate (a) In General.—The advice and consent of and objectives. discharges into the marine environment re- the Senate under section 1 is subject to the (8) The United States understands that ar- sulting from industrial operations on board a following conditions: ticles 220, 228, and 230 apply only to pollution foreign vessel. (1) Not later than 15 days after the receipt from vessels (as referred to in article 211) and (16) The United States understands that by the Secretary of State of a written com- not, for example, to pollution from dumping. the Convention supports a coastal State’s ex- munication from the Secretary-General of (9) The United States understands, with re- ercise of its domestic authority to regulate the United Nations or the Secretary-General spect to articles 220 and 226, that the ‘‘clear the introduction into the marine environ- of the Authority transmitting a proposal to grounds’’ requirement set forth in those arti- ment of alien or new species. amend the Convention pursuant to article cles is equivalent to the ‘‘reasonable sus- (17) The United States understands that, 312, 313, or 314, the President shall submit to picion’’ standard under United States law. with respect to articles 61 and 62, a coastal the Committee on Foreign Relations of the (10) The United States understands, with State has the exclusive right to determine Senate a copy of the proposed amendment. respect to article 228(2), that— the allowable catch of the living resources in (2) Prior to the convening of a Conference (A) the ‘‘proceedings’’ referred to in that its exclusive economic zone, whether it has to consider amendments to the Convention paragraph are the same as those referred to the capacity to harvest the entire allowable proposed to be adopted pursuant to article in article 228(1), namely those proceedings in catch, whether any surplus exists for alloca- 312 of the Convention, the President shall respect of any violation of applicable laws tion to other States, and to establish the consult with the Committee on Foreign Re- and regulations or international rules and terms and conditions under which access lations of the Senate on the amendments to standards relating to the prevention, reduc- may be granted. The United States further be considered at the Conference. The Presi- tion and control of pollution from vessels understands that such determinations are, dent shall also consult with the Committee committed by a foreign vessel beyond the by virtue of article 297(3)(a), not subject to on Foreign Relations of the Senate on any territorial sea of the State instituting pro- binding dispute resolution under the Conven- amendment proposed to be adopted pursuant ceedings; and tion. to article 313 of the Convention. (B) fraudulent concealment from an officer (18) The United States understands that ar- (3) Not later than 15 days prior to any of the United States of information con- ticle 65 of the Convention lent direct support meeting— cerning such pollution would extend the to the establishment of the moratorium on (A) of the Council of the International Sea- three-year period in which such proceedings commercial whaling, supports the creation bed Authority to consider an amendment to may be instituted. of sanctuaries and other conservation meas- the Convention proposed to be adopted pur- (11) The United States understands, with ures, and requires States to cooperate not suant to article 314 of the Convention, or respect to article 230, that— only with respect to large whales, but with (B) of any other body under the Convention (A) it applies only to natural persons respect to all cetaceans. to consider an amendment that would enter aboard the foreign vessels at the time of the (19) The United States understands that, into force pursuant to article 316(5) of the act of pollution; with respect to article 33, the term ‘‘sanitary Convention, (B) the references to ‘‘monetary penalties laws and regulations’’ includes laws and reg- only’’ exclude only imprisonment and cor- ulations to protect human health from, inter the President shall consult with the Com- poral punishment; alia, pathogens being introduced into the mittee on Foreign Relations of the Senate on (C) the requirement that an act of pollu- territorial sea. the amendment and on whether the United tion be ‘‘willful’’ in order to impose non- (20) The United States understands that States should object to its adoption. monetary penalties would not constrain the decisions of the Council pursuant to proce- (4) All amendments to the Convention, imposition of such penalties for pollution dures other than those set forth in article other than amendments under article 316(5) caused by gross negligence; 161(8)(d) will involve administrative, institu- of a technical or administrative nature, shall (D) in determining what constitutes a ‘‘se- tional, or procedural matters and will not re- be submitted by the President to the Senate rious’’ act of pollution, a State may con- sult in substantive obligations on the United for its advice and consent. sider, as appropriate, the cumulative or ag- States. (5) The United States declares that it shall gregate impact on the marine environment (21) The United States understands that take all necessary steps under the Conven- of repeated acts of pollution over time; and decisions of the Assembly under article tion to ensure that amendments under arti- (E) among the factors relevant to the de- 160(2)(e) to assess the contributions of mem- cle 316(5) are adopted in conformity with the termination whether an act of pollution is bers are to be taken pursuant to section 3(7) treaty clause in article 2, section 2 of the ‘‘serious,’’ a significant factor is non-compli- of the Annex to the Agreement and that the United States Constitution. ance with a generally accepted international United States will, pursuant to section 9(3) (b) Inclusion of Certain Conditions in In- rule or standard. of the Annex to the Agreement, be guaran- strument of Ratification.—Conditions 4 and 5 (12) The United States understands that teed a seat on the Finance Committee estab- shall be included in the United States instru- sections 6 and 7 of Part XII do not limit the lished by section 9(1) of the Annex to the ment of ratification to the Convention. authority of a State to impose penalties, Agreement, so long as the Authority sup- f monetary or nonmonetary, for, inter alia— ports itself through assessed contributions. (A) non-pollution offenses, such as false (22) The United States declares, pursuant INTRODUCTION OF BILLS AND statements, obstruction of justice, and ob- to article 39 of Annex VI, that decisions of struction of government or judicial pro- the Seabed Disputes Chamber shall be en- JOINT RESOLUTIONS ceedings, wherever they occur; or forceable in the territory of the United The following bills and joint resolu- (B) any violation of national laws and reg- States only in accordance with procedures tions were introduced, read the first ulations or applicable international rules established by implementing legislation and and standards for the prevention, reduction and second times by unanimous con- that such decisions shall be subject to such sent, and referred as indicated: and control of pollution of the marine envi- legal and factual review as is constitu- ronment that occurs while a foreign vessel is tionally required and without precedential By Mr. CORNYN (for himself and Mr. in any of its ports, rivers, harbors, or off- effect in any court of the United States. LIEBERMAN): shore terminals. (23) The United States— S. 2194. A bill to amend part D of title IV (13) The United States understands that (A) understands that article 161(8)(f) ap- of the Social Security Act to improve the the Convention recognizes and does not con- plies to the Council’s approval of amend- collection of child support, and for other pur- strain the long-standing sovereign right of a ments to section 4 of Annex VI; poses; to the Committee on Finance. State to impose and enforce conditions for (B) declares that, under that article, it in- By Mr. BIDEN (for himself, Mr. HATCH, the entry of foreign vessels into its ports, tends to accept only a procedure that re- Mr. GRASSLEY, Mr. HARKIN, Mr. STE- rivers, harbors, or offshore terminals, such quires consensus for the adoption of amend- VENS, Mr. MCCAIN, Mr. NELSON of as a requirement that ships exchange ballast ments to section 4 of Annex VI; and Florida, Mrs. FEINSTEIN, Mr. ALLEN, water beyond 200 nautical miles from shore (C) in the case of an amendment to section and Ms. MURKOWSKI): or a requirement that tank vessels carrying 4 of Annex VI that is adopted contrary to S. 2195. A bill to amend the Controlled Sub- oil be constructed with double hulls. this understanding, that is, by a procedure stances Act to clarify the definition of ana- (14) The United States understands, with other than consensus, will consider itself bolic steroids and to provide for research and respect to article 21(2), that measures apply- bound by such an amendment only if it sub- education activities relating to steroids and ing to the ‘‘design, construction, equipment sequently ratifies such amendment pursuant steroid precursors; to the Committee on the or manning’’ do not include, inter alia, meas- to the advice and consent of the Senate. Judiciary.

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.193 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2717 By Mr. CAMPBELL (for himself, Ms. SUBMISSION OF CONCURRENT AND S. 846 COLLINS, and Ms. SNOWE): SENATE RESOLUTIONS At the request of Mr. SMITH, the S. 2196. A bill to amend title 38, United name of the Senator from New Jersey States Code, to clarify that per diem pay- The following concurrent resolutions ments by the Department of Veterans Affairs and Senate resolutions were read, and (Mr. CORZINE) was added as a cosponsor for the care of veterans in state homes shall referred (or acted upon), as indicated: of S. 846, a bill to amend the Internal not be used to offset payments that are made By Mr. LAUTENBERG (for himself and Revenue Code of 1986 to allow a deduc- under the medicaid program for the purpose Mr. CORZINE): tion for premiums on mortgage insur- of assisting veterans; to the Committee on S. Res. 318. A resolution expressing the ance, and for other purposes. Finance. sense of the Senate that a postage stamp S. 976 By Ms. MURKOWSKI (for herself and should be issued in commemoration of Mr. STEVENS): At the request of Mr. WARNER, the Diwali, a festival celebrated by people of In- name of the Senator from Massachu- S. 2197. A bill to amend the Magnuson-Ste- dian origin; to the Committee on Govern- vens Fishery Conservation and Management mental Affairs. setts (Mr. KENNEDY) was added as a co- Act to clarify the status of certain commu- By Mr. FRIST (for himself, Mr. sponsor of S. 976, a bill to provide for nities in the western Alaska community de- DASCHLE, Mr. AKAKA, Mr. ALEX- the issuance of a coin to commemorate velopment quota program; to the Committee ANDER, Mr. ALLARD, Mr. ALLEN, Mr. the 400th anniversary of the James- on Commerce, Science, and Transportation. BAUCUS, Mr. BAYH, Mr. BENNETT, Mr. By Mrs. BOXER: town settlement. BIDEN, Mr. BINGAMAN, Mr. BOND, Mrs. S. 2198. A bill to provide for refinancing of S. 1103 BOXER, Mr. BREAUX, Mr. BROWNBACK, consolidated student loans; to the Com- Mr. BUNNING, Mr. BURNS, Mr. BYRD, At the request of Mr. HARKIN, the mittee on Health, Education, Labor, and name of the Senator from Minnesota Pensions. Mr. CAMPBELL, Ms. CANTWELL, Mr. (Mr. DAYTON) was added as a cosponsor By Mrs. FEINSTEIN (for herself, Mrs. CARPER, Mr. CHAFEE, Mr. CHAMBLISS, Mrs. CLINTON, Mr. COCHRAN, Mr. HUTCHISON, Ms. SNOWE, Mr. FEIN- of S. 1103, a bill to clarify the authority COLEMAN, Ms. COLLINS, Mr. CONRAD, GOLD, and Mrs. LINCOLN): of the Secretary of Agriculture to pre- S. 2199. A bill to authorize the Attorney Mr. CORNYN, Mr. CORZINE, Mr. CRAIG, scribe performance standards for the General to make grants to improve the abil- Mr. CRAPO, Mr. DAYTON, Mr. DEWINE, reduction of pathogens in meat, meat ity of State and local governments to pre- Mr. DODD, Mrs. DOLE, Mr. DOMENICI, products, poultry, and poultry products vent the abduction of children by family Mr. DORGAN, Mr. DURBIN, Mr. ED- WARDS, Mr. ENSIGN, Mr. ENZI, Mr. processed by establishments receiving members, and for other purposes; to the inspection services and to enforce the Committee on the Judiciary. FEINGOLD, Mrs. FEINSTEIN, Mr. FITZ- By Mr. BAUCUS (for himself and Mr. GERALD, Mr. GRAHAM of Florida, Mr. Hazard Analysis and Critical Control GRASSLEY): GRAHAM of South Carolina, Mr. Point (HACCP) System requirements, S. 2200. A bill to extend nondiscriminatory GRASSLEY, Mr. GREGG, Mr. HAGEL, sanitation requirements, and the per- treatment (normal trade relaitons treat- Mr. HARKIN, Mr. HATCH, Mr. HOL- formance standards. ment) to the products of Laos; to the Com- LINGS, Mrs. HUTCHISON, Mr. INHOFE, S. 1115 mittee on Finance. Mr. INOUYE, Mr. JEFFORDS, Mr. JOHN- By Mrs. BOXER: SON, Mr. KENNEDY, Mr. KERRY, Mr. At the request of Mrs. MURRAY, the S. 2201. A bill to amend the Solid Waste KOHL, Mr. KYL, Ms. LANDREIU, Mr. name of the Senator from South Da- Disposal Act to provide for secondary con- LAUTENBERG, Mr. LEAHY, Mr. LEVIN, kota (Mr. DASCHLE) was added as a co- tainment to prevent methyl tertiary butyl Mr. LIEBERMAN, Mrs. LINCOLN, Mr. sponsor of S. 1115, a bill to amend the ether and petroleum contamination; to the LOTT, Mr. LUGAR, Mr. MCCAIN, Mr. Toxic Substances Control Act to re- Committee on Environment and Public MCCONNELL, Ms. MIKULSKI, Mr. MIL- duce the health risks posed by asbes- Works. LER, Ms. MURKOWSKI, Mrs. MURRAY, tos-containing products. Mrs. FEINSTEIN (for herself, Mr. FEIN- Mr. NELSON of Florida, Mr. NELSON of GOLD, and Mrs. LINCOLN): Nebraska, Mr. NICKLES, Mr. PRYOR, S. 1223 S. 2202. A bill to amend title 28, United Mr. REED, Mr. REID, Mr. ROBERTS, At the request of Mr. BINGAMAN, the States Code, to give district courts of the Mr. ROCKEFELLER, Mr. SANTORUM, names of the Senator from Rhode Is- United States jurisdiction over competing Mr. SARBANES, Mr. SCHUMER, Mr. land (Mr. CHAFEE) and the Senator State custody determinations, and for other SESSIONS, Mr. SHELBY, Mr. SMITH, purposes; to the Committee on the Judici- from Iowa (Mr. HARKIN) were added as Ms. SNOWE, Mr. SPECTER, Ms. cosponsors of S. 1223, a bill to increase ary. STABENOW, Mr. STEVENS, Mr. SUNUNU, By Mr. CORZINE: Mr. TALENT, Mr. THOMAS, Mr. the number of well-trained mental S. 2203. A bill to provide assistance to com- VOINOVICH, Mr. WARNER, and Mr. health service professionals (including bat HIV/AIDS in India, and for other pur- WYDEN): those based in schools) providing clin- poses; to the Committee on Foreign Rela- S. Res. 319. A resolution expressing the ical mental health care to children and tions. sense of the Senate with respect to the dead- adolescents, and for other purposes. By Mr. HATCH (for himself, Mr. SCHU- ly terrorist attacks against the people of S. 1292 MER, Mr. CORNYN, and Mrs. FEIN- Spain that occurred on March 11, 2004; con- STEIN): sidered and agreed to. At the request of Ms. LANDRIEU, the S. 2204. A bill to provide criminal penalties By Mr. FRIST (for himself and Mr. name of the Senator from New York for false information and hoaxes relating to DASCHLE): (Mr. SCHUMER) was added as a cospon- terrorism; to the Committee on the Judici- S. Con. Res. 98. A concurrent resolution sor of S. 1292, a bill to establish a ser- ary. providing for a conditional adjournment or By Mr. LEVIN: vitude and emancipation archival re- recess of the Senate; considered and agreed search clearinghouse in the National S. 2205. A bill to authorize the extension of to. unconditional and permanent nondiscrim- Archives. f inatory treatment (permanent normal trade S. 1411 relations treatment) to the products of ADDITIONAL COSPONSORS At the request of Mr. SARBANES, his Ukraine, and for other purposes; to the Com- mittee on Finance. S. 480 name was added as a cosponsor of S. By Mr. BUNNING: At the request of Mr. HARKIN, the 1411, a bill to establish a National S. 2206. A bill to provide enhanced Pell name of the Senator from New Hamp- Housing Trust Fund in the Treasury of Grants for State Scholars; to the Committee shire (Mr. GREGG) was added as a co- the United States to provide for the de- on Health, Education, Labor, and Pensions. sponsor of S. 480, a bill to provide com- velopment of decent, safe, and afford- By Mr. SHELBY: able housing for low-income families, S.J. Res. 29. A joint resolution proposing petitive grants for training court re- an amendment to the Constitution of the porters and closed captioners to meet and for other purposes. United States which requires (except during requirements for realtime writers S. 1645 time of war and subject to suspension by the under the Telecommunications Act of At the request of Mr. CRAIG, the Congress) that the total amount of money 1996, and for other purposes. name of the Senator from Nevada (Mr. expended by the United States during any S. 489 REID) was added as a cosponsor of S. fiscal year not exceed the amount of certain At the request of Mr. DEWINE, the 1645, a bill to provide for the adjust- revenue received by the United States during such fiscal year and not exceed 20 per cen- name of the Senator from Minnesota ment of status of certain foreign agri- tum of the gross national product of the (Mr. COLEMAN) was added as a cospon- cultural workers, to amend the Immi- United States during the previous calendar sor of S. 489, a bill to expand certain gration and Nationality Act to reform year; to the Committee on the Judiciary. preferential trade treatment for Haiti. the H–2A worker program under that

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.156 S11PT2 S2718 CONGRESSIONAL RECORD — SENATE March 11, 2004 Act, to provide a stable, legal agricul- (Mr. COLEMAN) and the Senator from S.J. RES. 28 tural workforce, to extend basic legal Alaska (Ms. MURKOWSKI) were added as At the request of Mr. CAMPBELL, the protections and better working condi- cosponsors of S. 2099, a bill to amend names of the Senator from South Caro- tions to more workers, and for other title 38, United States Code, to provide lina (Mr. HOLLINGS), the Senator from purposes. entitlement to educational assistance North Dakota (Mr. CONRAD), the Sen- S. 1888 under the Montgomery GI Bill for ator from North Dakota (Mr. DORGAN), At the request of Mrs. MURRAY, her members of the Selected Reserve who the Senator from Maryland (Ms. MI- name was added as a cosponsor of S. aggregate more than 2 years of active KULSKI) and the Senator from Wash- 1888, a bill to halt Saudi support for in- duty service in any five year period, ington (Ms. CANTWELL) were added as stitutions that fund, train, incite, en- and for other purposes. cosponsors of S.J. Res. 28, a joint reso- courage, or in any other way aid and S. 2100 lution recognizing the 60th anniversary abet terrorism, and to secure full Saudi At the request of Mr. MILLER, the of the Allied landing at Normandy dur- cooperation in the investigation of ter- names of the Senator from Minnesota ing World War II. rorist incidents. (Mr. COLEMAN) and the Senator from S. CON. RES. 90 S. 1909 Alaska (Ms. MURKOWSKI) were added as At the request of Mr. LEVIN, the At the request of Mr. COCHRAN, the cosponsors of S. 2100, a bill to amend name of the Senator from Louisiana name of the Senator from Washington title 10 United States Code, to increase (Mr. BREAUX) was added as a cosponsor (Ms. CANTWELL) was added as a cospon- the amounts of educational assistance of S. Con. Res. 90, a concurrent resolu- sor of S. 1909, a bill to amend the Pub- for members of the Selected Reserve, tion expressing the Sense of the Con- lic Health Service Act to improve and for other purposes. gress regarding negotiating, in the stroke prevention, diagnosis, treat- S. 2152 United States-Thailand Free Trade ment, and rehabilitation. Agreement, access to the United States At the request of Mr. MILLER, the S. 1916 name of the Senator from Alaska (Ms. automobile industry. At the request of Ms. LANDRIEU, the S. RES. 298 names of the Senator from Nebraska MURKOWSKI) was added as a cosponsor of S. 2152, a bill to amend title 10, At the request of Mr. CAMPBELL, the (Mr. HAGEL) and the Senator from name of the Senator from Ohio (Mr. Maryland (Ms. MIKULSKI) were added as United States Code, to provide eligi- bility for reduced non-regular service DEWINE) was added as a cosponsor of S. cosponsors of S. 1916, a bill to amend Res. 298, a resolution designating May title 10, United States Code, to increase military retired pay before age 60, and for other purposes. 2004 as ‘‘National Cystic Fibrosis the minimum Survivor Benefit Plan Awareness Month’’. basic annuity for surviving spouses age S. 2172 S. RES. 311 62 and older, to provide for a one-year At the request of Mr. CAMPBELL, the At the request of Mr. BROWNBACK, the open season under that plan, and for name of the Senator from Hawaii (Mr. name of the Senator from Minnesota other purposes. INOUYE) was added as a cosponsor of S. (Mr. COLEMAN) was added as a cospon- S. 1948 2172, a bill to make technical amend- sor of S. Res. 311, a resolution calling At the request of Mr. REID, the name ments to the provisions of the Indian on the Government of the Socialist Re- of the Senator from New York (Mr. Self Determination and Education As- public of Vietnam to immediately and SCHUMER) was added as a cosponsor of sistance Act relating to contract sup- unconditionally release Father S. 1948, a bill to provide that service of port costs, and for other purposes. Thadeus Nguyen Van Ly, and for other the members of the organization S. 2173 purposes. known as the United States Cadet At the request of Mr. CAMPBELL, the AMENDMENT NO. 2695 Nurse Corps during World War II con- name of the Senator from Colorado At the request of Mr. KENNEDY, the stituted active military service for (Mr. ALLARD) was added as a cosponsor names of the Senator from North Caro- purposes of laws administered by the of S. 2173, a bill to further the purposes lina (Mr. EDWARDS) and the Senator Secretary of Veterans Affairs. of the Sand Creek Massacre National from Wisconsin (Mr. FEINGOLD) were S. 2035 Historic Site Establishment Act of added as cosponsors of amendment No. At the request of Mr. GRAHAM of 2000. 2695 intended to be proposed to S. Con. South Carolina, the name of the Sen- S. 2179 ator from New Jersey (Mr. CORZINE) Res. 95, an original concurrent resolu- At the request of Mr. BROWNBACK, the was added as a cosponsor of S. 2035, a tion setting forth the congressional name of the Senator from Nevada (Mr. bill to amend title 10, United States budget for the United States Govern- REID) was added as a cosponsor of S. Code, to revise the age and service re- ment for fiscal year 2005 and including 2179, a bill to posthumously award a quirements for eligibility to receive re- the appropriate budgetary levels for Congressional Gold Medal to the Rev- tired pay for non-regular service; to ex- fiscal years 2006 through 2009. erend Oliver L. Brown. pand certain authorities to provide AMENDMENT NO. 2697 health care benefits for Reserves and S. 2186 At the request of Mr. DEWINE, the their families, and for other purposes. At the request of Mr. KERRY, the names of the Senator from Illinois (Mr. S. 2077 names of the Senator from New Mexico DURBIN) and the Senator from Maine At the request of Mr. CRAIG, the (Mr. BINGAMAN), the Senator from Wis- (Ms. COLLINS) were added as cosponsors name of the Senator from Pennsyl- consin (Mr. KOHL) and the Senator of amendment No. 2697 proposed to S. vania (Mr. SANTORUM) was added as a from New Jersey (Mr. LAUTENBERG) Con. Res. 95, an original concurrent cosponsor of S. 2077, a bill to amend were added as cosponsors of S. 2186, a resolution setting forth the congres- title XIX of the Social Security Act to bill to temporarily extend the pro- sional budget for the United States permit additional States to enter into grams under the Small Business Act Government for fiscal year 2005 and in- long-term care partnerships under the and the Small Business Investment Act cluding the appropriate budgetary lev- Medicaid Program in order to promote of 1958, through May 15, 2004, and for els for fiscal years 2006 through 2009. the use of long-term care insurance. other purposes. AMENDMENT NO. 2699 S. 2089 At the request of Mr. JEFFORDS, his At the request of Mr. KENNEDY, the At the request of Mr. CHAMBLISS, the name was added as a cosponsor of S. name of the Senator from Pennsyl- name of the Senator from Massachu- 2186, supra. vania (Mr. SANTORUM) was added as a setts (Mr. KENNEDY) was added as a co- S. 2193 cosponsor of amendment No. 2699 pro- sponsor of S. 2089, a bill to allow aliens At the request of Ms. SNOWE, the posed to S. Con. Res. 95, an original who are eligible for diversity visas to names of the Senator from Minnesota concurrent resolution setting forth the be eligible beyond the fiscal year in (Mr. COLEMAN) and the Senator from congressional budget for the United which they applied. Wyoming (Mr. ENZI) were added as co- States Government for fiscal year 2005 S. 2099 sponsors of S. 2193, a bill to improve and including the appropriate budg- At the request of Mr. MILLER, the small business loan programs, and for etary levels for fiscal years 2006 names of the Senator from Minnesota other purposes. through 2009.

VerDate jul 14 2003 00:31 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.152 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2719 AMENDMENT NO. 2703 resolution setting forth the congres- amendment No. 2741 proposed to S. At the request of Mr. LAUTENBERG, sional budget for the United States Con. Res. 95, supra. the names of the Senator from Con- Government for fiscal year 2005 and in- AMENDMENT NO. 2743 necticut (Mr. LIEBERMAN), the Senator cluding the appropriate budgetary lev- At the request of Mr. ROCKEFELLER, from Delaware (Mr. BIDEN), the Sen- els for fiscal years 2006 through 2009. the name of the Senator from Nebraska ator from Illinois (Mr. DURBIN), the AMENDMENT NO. 2725 (Mr. NELSON) was added as a cosponsor Senator from New York (Mrs. CLIN- At the request of Mr. KENNEDY, the of amendment No. 2743 intended to be TON), the Senator from Vermont (Mr. names of the Senator from New Mexico proposed to S. Con. Res. 95, an original LEAHY), the Senator from Washington (Mr. BINGAMAN), the Senator from Illi- concurrent resolution setting forth the (Ms. CANTWELL), the Senator from Wis- nois (Mr. DURBIN), the Senator from congressional budget for the United consin (Mr. FEINGOLD) and the Senator Washington (Mrs. MURRAY), the Sen- States Government for fiscal year 2005 from Massachusetts (Mr. KENNEDY) ator from Arkansas (Mr. PRYOR), the and including the appropriate budg- were added as cosponsors of amend- Senator from Maryland (Mr. SARBANES) etary levels for fiscal years 2006 ment No. 2703 proposed to S. Con. Res. and the Senator from Hawaii (Mr. through 2009. 95, an original concurrent resolution AKAKA) were added as cosponsors of AMENDMENT NO. 2753 setting forth the congressional budget amendment No. 2725 proposed to S. At the request of Mrs. FEINSTEIN, the for the United States Government for Con. Res. 95, an original concurrent names of the Senator from Florida (Mr. fiscal year 2005 and including the ap- resolution setting forth the congres- NELSON) and the Senator from Maine propriate budgetary levels for fiscal sional budget for the United States (Ms. COLLINS) were added as cosponsors years 2006 through 2009. Government for fiscal year 2005 and in- of amendment No. 2753 proposed to S. AMENDMENT NO. 2708 cluding the appropriate budgetary lev- Con. Res. 95, an original concurrent At the request of Mr. LUGAR, the els for fiscal years 2006 through 2009. resolution setting forth the congres- names of the Senator from Arizona AMENDMENT NO. 2733 sional budget for the United States (Mr. MCCAIN), the Senator from Dela- At the request of Mr. SESSIONS, the Government for fiscal year 2005 and in- ware (Mr. BIDEN) and the Senator from names of the Senator from Florida (Mr. cluding the appropriate budgetary lev- New Hampshire (Mr. SUNUNU) were NELSON), the Senator from Alabama els for fiscal years 2006 through 2009. added as cosponsors of amendment No. (Mr. SHELBY), the Senator from Florida AMENDMENT NO. 2761 2708 intended to be proposed to S. Con. (Mr. GRAHAM) and the Senator from At the request of Mr. DODD, the Res. 95, an original concurrent resolu- Texas (Mrs. HUTCHISON) were added as names of the Senator from New York tion setting forth the congressional cosponsors of amendment No. 2733 pro- (Mrs. CLINTON), the Senator from New budget for the United States Govern- posed to S. Con. Res. 95, an original Jersey (Mr. LAUTENBERG), the Senator ment for fiscal year 2005 and including concurrent resolution setting forth the from New York (Mr. SCHUMER) and the the appropriate budgetary levels for congressional budget for the United Senator from Illinois (Mr. DURBIN) fiscal years 2006 through 2009. States Government for fiscal year 2005 were added as cosponsors of amend- AMENDMENT NO. 2709 and including the appropriate budg- ment No. 2761 intended to be proposed At the request of Mr. PRYOR, the etary levels for fiscal years 2006 to S. Con. Res. 95, an original concur- names of the Senator from Oregon (Mr. through 2009. rent resolution setting forth the con- WYDEN) and the Senator from Wis- AMENDMENT NO. 2734 gressional budget for the United States consin (Mr. KOHL) were added as co- At the request of Mr. REID, the Government for fiscal year 2005 and in- sponsors of amendment No. 2709 in- names of the Senator from California cluding the appropriate budgetary lev- tended to be proposed to S. Con. Res. (Mrs. BOXER), the Senator from Illinois els for fiscal years 2006 through 2009. 95, an original concurrent resolution (Mr. DURBIN) and the Senator from AMENDMENT NO. 2762 setting forth the congressional budget Maryland (Ms. MIKULSKI) were added as At the request of Mr. DODD, the for the United States Government for cosponsors of amendment No. 2734 in- names of the Senator from South Da- fiscal year 2005 and including the ap- tended to be proposed to S. Con. Res. kota (Mr. JOHNSON), the Senator from propriate budgetary levels for fiscal 95, an original concurrent resolution New York (Mrs. CLINTON), the Senator years 2006 through 2009. setting forth the congressional budget from Illinois (Mr. DURBIN), the Senator AMENDMENT NO. 2712 for the United States Government for from New Jersey (Mr. LAUTENBERG), At the request of Mr. AKAKA, his fiscal year 2005 and including the ap- the Senator from Arkansas (Mr. name was added as a cosponsor of propriate budgetary levels for fiscal PRYOR), the Senator from Arkansas amendment No. 2712 intended to be pro- years 2006 through 2009. (Mrs. LINCOLN), the Senator from Con- posed to S. Con. Res. 95, an original AMENDMENT NO. 2740 necticut (Mr. LIEBERMAN), the Senator concurrent resolution setting forth the At the request of Mr. SPECTER, the from Massachusetts (Mr. KENNEDY) and congressional budget for the United names of the Senator from West Vir- the Senator from Massachusetts (Mr. States Government for fiscal year 2005 ginia (Mr. BYRD) and the Senator from KERRY) were added as cosponsors of and including the appropriate budg- New York (Mrs. CLINTON) were added as amendment No. 2762 proposed to S. etary levels for fiscal years 2006 cosponsors of amendment No. 2740 in- Con. Res. 95, an original concurrent through 2009. tended to be proposed to S. Con. Res. resolution setting forth the congres- AMENDMENT NO. 2715 95, an original concurrent resolution sional budget for the United States At the request of Mr. DEWINE, the setting forth the congressional budget Government for fiscal year 2005 and in- names of the Senator from Illinois (Mr. for the United States Government for cluding the appropriate budgetary lev- DURBIN) and the Senator from Con- fiscal year 2005 and including the ap- els for fiscal years 2006 through 2009. necticut (Mr. DODD) were added as co- propriate budgetary levels for fiscal AMENDMENT NO. 2769 sponsors of amendment No. 2715 pro- years 2006 through 2009. At the request of Mr. COCHRAN, his posed to S. Con. Res. 95, an original AMENDMENT NO. 2741 name was added as a cosponsor of concurrent resolution setting forth the At the request of Mr. SPECTER, the amendment No. 2769 intended to be pro- congressional budget for the United name of the Senator from Maine (Ms. posed to S. Con. Res. 95, an original States Government for fiscal year 2005 COLLINS) was added as a cosponsor of concurrent resolution setting forth the and including the appropriate budg- amendment No. 2741 proposed to S. congressional budget for the United etary levels for fiscal years 2006 Con. Res. 95, an original concurrent States Government for fiscal year 2005 through 2009. resolution setting forth the congres- and including the appropriate budg- AMENDMENT NO. 2717 sional budget for the United States etary levels for fiscal years 2006 At the request of Mr. WYDEN, the Government for fiscal year 2005 and in- through 2009. name of the Senator from Montana cluding the appropriate budgetary lev- AMENDMENT NO. 2773 (Mr. BAUCUS) was added as a cosponsor els for fiscal years 2006 through 2009. At the request of Mr. BIDEN, his name of amendment No. 2717 proposed to S. At the request of Mr. HARKIN, his was added as a cosponsor of amend- Con. Res. 95, an original concurrent name was added as a cosponsor of ment No. 2773 intended to be proposed

VerDate jul 14 2003 00:31 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.154 S11PT2 S2720 CONGRESSIONAL RECORD — SENATE March 11, 2004 to S. Con. Res. 95, an original concur- fore Texas implemented the system for collections by directing more Federal rent resolution setting forth the con- expediting these cases by establishing resources toward finding solutions to gressional budget for the United States the masters program. this widespread problem. 4. It gets pay- Government for fiscal year 2005 and in- As a Supreme Court justice, I had the ments to custodial parents quickly, by cluding the appropriate budgetary lev- opportunity to write opinions that had urging States to use electronic pay- els for fiscal years 2006 through 2009. a real and positive affect on child sup- ment methods. 5. And it allows States AMENDMENT NO. 2774 port. the option to send all non-IV-D child At the request of Mr. DASCHLE, the As Attorney General, I saw the posi- support payments to the State Dis- name of the Senator from Massachu- tive effects of enforced guidelines for bursement Unit, reducing expenses, pa- setts (Mr. KERRY) was added as a co- child support, visitation, and income perwork and confusion for employers sponsor of amendment No. 2774 pro- withholding. I worked to implement and accelerating payments to families. posed to S. Con. Res. 95, an original Federal mandates. And I saw that we I believe that all of these reforms are concurrent resolution setting forth the had a deep hole to climb out of, a child necessary and important steps. They congressional budget for the United support system that was in terrible will lower costs, increase efficiency, States Government for fiscal year 2005 shape. and get children more of the help they and including the appropriate budg- My first priority was to improve cus- need. etary levels for fiscal years 2006 tomer service. I saw that more than $16 Even as we strive to improve our through 2009. million in child support payments were child support system, we cannot under- collected but undistributed due to com- estimate the social importance of the AMENDMENT NO. 2780 puter errors, leaving those most in family as a component of our mission. At the request of Mrs. CLINTON, the need of assistance without their child As author Maggie Gallagher once names of the Senator from Michigan support payments merely because of wrote: ‘‘When men and women fail to (Ms. STABENOW), the Senator from Con- computer or administrative problems. form stable marriages, the first result necticut (Mr. LIEBERMAN) and the Sen- And the vast majority of the people is a vast expansion of government at- ator from Connecticut (Mr. DODD) were calling the child support offices for as- tempts to cope with the terrible social added as cosponsors of amendment No. sistance were automatically discon- needs that result. There is scarcely a 2780 proposed to S. Con. Res. 95, an nected or received a busy signal. Only dollar that state and federal govern- original concurrent resolution setting one in every seven phone calls was ac- ment spends on social programs that is forth the congressional budget for the tually answered—one in seven. not driven in large part by family frag- United States Government for fiscal We got to work fast. We focused on mentation: crime, poverty, drug abuse, year 2005 and including the appropriate both the dead beat and the dead broke teen pregnancy, school failure, and budgetary levels for fiscal years 2006 parents. We fixed the customer service mental and physical health problems.’’ through 2009. system, establishing eight regional call I strongly believe that the family is AMENDMENT NO. 2782 centers and an interactive web site to the fundamental institution of our civ- At the request of Mr. KENNEDY, the provide case-specific information on a ilization. If fosters successful commu- names of the Senator from Connecticut secure site for parents to access. We nities, happier homes, and healthier (Mr. DODD) and the Senator from Iowa worked with community organizations lives. (Mr. HARKIN) were added as cosponsors to establish a dozen fatherhood pro- The family provides the foundation of amendment No. 2782 intended to be grams. We got payments out the door for raising each new generation of proposed to S. Con. Res. 95, an original more quickly, and we reduced undis- Americans. And when families are concurrent resolution setting forth the tributed collections. And I announced a weakened, children suffer the most. congressional budget for the United top ten list of ‘‘Texas’ Most Wanted Even the best child support system in States Government for fiscal year 2005 Child Support Evaders,’’ those dead the world cannot give the caring love and including the appropriate budg- beat parents who willfully evaded ar- and nurturing of family—which is why etary levels for fiscal years 2006 rest. I believe we need to have a child sup- through 2009. In the end, we collected more than $3 port system that genuinely encourages f billion in child support. Some folks parents to be an active part of their called it a miracle. I call it a good STATEMENTS ON INTRODUCED child’s life. start. BILLS AND JOINT RESOLUTIONS We need a child support system that I believe that this body has the re- focuses on the dead beat and dead By Mr. CORNYN (for himself and sponsibility to do more to help our broke parents, that brings the worst Mr. LIEBERMAN): child support system be more efficient, evaders in, and that puts the family S. 2194. A bill to amend part D of more responsive, and do more to im- first. Let us in this body strive to do title IV of the Social Security Act to prove the lives of children and families. everything we can, as we hope for a improve the collection of child support, The proposal that I am introducing brighter future for this nation and fu- and for other purposes; to the Com- today, along with the distinguished ture generations of American children. mittee on Finance. Senator from Connecticut—who has a Mr. CORNYN. Mr. President, I rise deep understanding of the issue and, By Mr. CAMPBELL (for himself, today to introduce a bill that is very like me, served his State as attorney Ms. COLLINS, and Ms. SNOWE): close to my heart—the Child Support general—features several long-needed S. 2196. A bill to amend title 38, Improvement Act of 2004. I want to ex- reforms of our child support provisions. United States Code, to clarify that per press my appreciation for the leader- It includes new distribution options diem payments by the Department of ship of the Senator from Connecticut for states to get more child support to Veterans Affairs for the care of Vet- on these issues, and his willingness to families on TANF, and to pay more erans in State homes shall not be used co-sponsor this bill. child support to families who were pre- to offset payments that are made under In my career, I have had the oppor- viously on TANF. the medicaid program for the purpose tunity to see the significant problems This bill also has several provisions of assisting veterans; to the Committee facing our child support system from based on my experience as Attorney on Finance. several different perspectives. General: 1. It encourages States to do Mr. CAMPBELL. Mr. President, As a district judge in Texas, I ruled more medical support enforcement, by today I am pleased to be joined by my in divorce and custody cases. I saw the giving states a funding incentive that colleagues Senators COLLINS and powerful emotions involved in these will ultimately reduce our Federal SNOWE to introduce legislation which cases, where the best interests of chil- Medicaid and S-CHIP costs. 2. It pro- will rectify a very serious problem af- dren are fought over even as the rela- motes early monitoring of child sup- fecting veterans in my State and tionships that brought them into this port orders, cutting red tape so that around the Nation. The bill I am intro- world fall apart. states have greater freedom to inno- ducing will clarify the treatment of the And I had to make judgments in a vate and large arrearages never occur. per diem payments made by the De- large number of child support cases be- 3. It focuses on reducing undistributed partment of Veterans Affairs, VA, to

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.155 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2721 support State Veterans Homes across I ask unanimous consent that the nual harvests of pollock, halibut, sable- the country. text of the bill be printed in the fish, Atka mackerel, Pacific cod, and For several decades, Federal law has RECORD. crab is assigned to each association, required that the VA pay a per diem There being no objection, the bill was which operate under combined Federal amount to States to support quality ordered to printed in the RECORD, as and State agency oversight. Almost all care provided to eligible veterans at follows: of an association’s earnings must be in- qualified State Veterans Homes. This S. 2196 vested in fishing-related projects in VA per diem, currently about $56 per Be it enacted by the Senate and House of Rep- order to encourage a sustainable eco- day for nursing home care and $27 per resentatives of the United States of America in nomic base for the region. day for domiciliary care, is intended to Congress assembled, Typically, each association sells its assist States in providing the best pos- SECTION 1. TREATMENT UNDER MEDICAID PRO- share of the annual harvest quotas to sible care to those who served in our GRAM OF DEPARTMENT OF VET- established fishing companies in return armed forces. ERANS AFFAIRS PER DIEM PAY- MENTS TO STATE HOMES FOR VET- for cash and agreements to provide job In Colorado and a number of other ERANS. training and employment opportunities States, the availability of the VA per Section 1741 of title 38, United States Code, for residents of the region. The pro- diem is threatened by interpretations is amended by adding at the end the fol- gram has been remarkably successful. of Medicaid rules by the Centers for lowing new subsection: Since 1992, approximately 9,000 jobs Medicare and Medicaid Services, CMS. ‘‘(e) Payments to States pursuant to this have been created for western Alaska CMS would treat the VA per diem pay- section shall not be considered a liability of a third party for any purpose under section residents with wages totaling more ments as third-party payments, requir- than $60 million. The CDQ program has ing that the entire amount be offset 1902(a)(25) of the Social Security Act (42 U.S.C. 1396a(25)).’’. also contributed to fisheries infrastruc- against Medicaid payments. This inter- ture development in western Alaska, as pretation would deny residents of State By Ms. MURKOWSKI (for herself well as providing vessel loan programs; Veterans Homes who receive Medicaid and Mr. STEVENS): education, training and other CDQ-re- in these states any benefit whatsoever S. 2197. A bill to amend the Magnu- lated benefits. of the VA per diem payments. son-Stevens Fishery Conservation and The CDQ program has its roots in the I believe this runs contrary to the in- Management Act to clarify the status amazing success story of how our off- tent of Congress in establishing the VA of certain communities in the western shore fishery resources were American- per diem payment system. State Vet- Alaska community development quota ized after the passage of the original erans Homes are required to meet program; to the Committee on Com- Magnuson Act in 1976. At the time, stringent and costly VA standards for merce, Science, and Transportation. vast foreign fishing fleets were almost care as a condition for receiving these Ms. MURKOWSKI. Mr. President, as the only ones operating in the U.S. 200- per diem payments. These standards of residents of sparsely populated State mile Exclusive Economic Zone. Amer- care exceed those required by Med- with great natural resources but severe ican fishermen simply did not have ei- icaid, and the VA per diem makes it poverty in many of its rural areas, ther the vessels or the expertise to par- possible for State Veterans Homes to Alaskans have engaged in a variety of ticipate. meet the higher VA standards. Most social and economic exercises intended The Magnuson Act changed all that. importantly, this per diem allows our to improve the living standard and ex- It led to the adoption of what we called veterans to receive high quality nurs- pand economic opportunities for our a ‘‘fish and chips’’ policy that provided ing care. most challenged communities. An insistence by CMS on its interpre- for an exchange of fish allocations for I rise today to introduce a bill to en- tation would jeopardize the funding technological and practical expertise. sure that one of the most successful of balance for many Medicaid-certified Within the next few years, harvesting those exercises is allowed to continue. State Veterans Homes across the coun- fell almost exclusively to American I am pleased to say the measure is also try. The result of the CMS interpreta- vessels. Within a few years after that, cosponsored by Alaska’s senior sen- tion would be to force State Veterans processing almost became American- ator. Homes that do not currently offset the ized. Today, there are no foreign fish- The CDQ Community Preservation VA per diem payments against Med- ing or processing vessels operating in Act is intended to maintain the par- icaid funding to reduce their standard the 200-mile zone off Alaska, and the ticipation of all currently eligible com- of care, defer construction of needed industry is worth billions of dollars munities along the shore of the Bering new facilities, and possibly close cer- each year. Sea in Alaska’s Community Develop- tain State Veterans Homes. The CDQ program helps bring some The legislation we are introducing ment Quota program. It is necessary of the benefits of that great industry to today would simply clarify that the VA because inconsistencies in statutory local residents in one of the most im- per diem payments cannot not be con- and regulatory provisions may require poverished areas of the entire country. sidered to be a third-party liability a reassessment of eligibility and the It is a vital element in the effort to under Medicaid. It would build on other exclusion of some communities from create and maintain a lasting eco- precedents where Congress wanted to the program. This was not the intent of nomic base for the region’s many poor make sure that benefits were received the original program, nor of any subse- communities, and truly deserves the by their intentional recipients, not quent changes to it. In order to clarify support of this body. transferred to the Medicaid program. that fact, a legislative remedy is need- I ask unanimous consent that the For example, federal law already in- ed. text of my bill be printed in the cludes exceptions for similar pay- The Community Development Quota RECORD. ments, such as those made under the Program began in 1992, at the rec- There being no objection, the bill was Indian Health program. ommendation of the North Pacific ordered to be printed in the RECORD, as Our legislation recognizes that the Fishery Management Council, one of follows: States fund their State Veterans the regional councils formed under the S. 2197 Homes in a variety of different man- Magnuson-Stevens Fishery Conserva- Be it enacted by the Senate and House of Rep- ners. It preserves their flexibility to do tion and Management Act. Congress resentatives of the United States of America in so in a way that best serves their vet- gave the program permanent status in Congress assembled, erans, and ensures that no state is the 1996 reauthorization of the Act. SECTION 1. SHORT TITLE. forced to lose the benefit of the VA per The program presently includes 65 This Act may be cited as the ‘‘CDQ Com- diem. communities within a 50 nautical-mile munity Preservation Act’’. I urge my colleagues to support this radius of the Bering Sea, which have SEC. 2. WESTERN ALASKA COMMUNITY DEVELOP- legislation and move forward with a formed six regional non-profit associa- MENT QUOTA PROGRAM. (a) ELIGIBLE COMMUNITIES.—Section plan that will enable our State Vet- tions to participate in the program. 305(i)(1) of the Magnuson-Stevens Fishery erans Nursing Homes to provide the The regional associations range in size Conservation and Management Act (16 U.S.C. high quality care that our veterans de- from one to 20 communities. Under the 1855(i)) is amended adding at the end the fol- serve. program, a portion of the regulated an- lowing:

VerDate jul 14 2003 00:39 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.165 S11PT2 S2722 CONGRESSIONAL RECORD — SENATE March 11, 2004 ‘‘(E) A community shall be eligible to par- the ability of State and local govern- selors. Even after recovery, the child ticipate in the western Alaska community ments to prevent the abduction of chil- often has a difficult time into adult- development quota program under subpara- dren by family members, and for other hood. graph (A) if the community was— purposes; to the Committee on the Ju- On Takeroot.org, a website devoted ‘‘(i) listed in table 7 to part 679 of title 50, Code of Federal Regulations, as in effect on diciary. to victims of family abductions, Re- January 1, 2004; or Mrs. FEINSTEIN. Mr. President, I bekah told the story of when her moth- ‘‘(ii) approved by the National Marine rise today along with Senator er kidnapped her. Fisheries Service on April 19, 1999.’’. HUTCHISON, Senator SNOWE, Senator Her mother was diagnosed as manic (b) CONFORMING AMENDMENT.—Such section FEINGOLD and Senator LINCOLN to in- and was verbally abusive to her chil- is further amended, in paragraph (B), by troduce the ‘‘Family Abduction Pre- dren and husband. Rebekah’s father striking ‘‘To’’ and inserting, ‘‘Except as pro- vention Act of 2004,’’ a bill to help the was awarded full custody of her and her vided in subparagraph (E), to’’. thousands of children who are abducted brothers. However, one weekend, when By Mrs. BOXER: by a family member each year. Rebekah was 4-years-old, her mother S. 2198. A bill to provide for refi- Family abductions are the most com- took her to Texas. nancing of consolidated student loans; mon form of abduction yet they receive Her mother had all her moles and dis- to the Committee on Health, Edu- little attention and law enforcement tinguishing marks removed from her cation, Labor, and Pensions. often doesn’t treat them as the serious body and she had fake birth certifi- Mrs. BOXER. Mr. President, today, I crimes that they are. cates made for Rebekah and herself. As am proud to introduce the Consoli- The Family Abduction prevention Rebekah grew up, she was told that her dated Student Loan Reduction Act of Act of 2004 would provide grants to father didn’t love her and that her sib- 2004. states for costs associated with family lings didn’t want to see her. When the A college education is becoming abduction prevention. Specifically, it FBI finally found Rebekah, she didn’t more and more crucial as American would assist States with: costs associ- remember her father and felt very workers seek to compete in the global ated with the extradition of individuals alone. marketplace. Yet, the cost of a college suspected of committing the crime of In addition, in many family abduc- education is rising each year, making family abduction; costs borne by State tion cases, children are given new iden- it less accessible to low and moderate and local law enforcement agencies to tities at an age when they are still de- income individuals. While grants and investigate cases of missing children; veloping a sense of who they are. In ex- scholarships are available, students training for local and State law en- treme cases, the child’s sexual identity have come to increasingly rely on stu- forcement agencies in responding to is covered up to avoid detection. dent loans. Between 1992 and 2002, Fed- family abductions; outreach and media Abducting parents often deprive their eral student loans increased by 165 per- campaigns to educate parents on the children of education and much-needed cent, and in 2003, $65 billion—or 70 per- dangers of family abductions; and as- medical attention to avoid the risk of cent of total Federal student aid—was sistance to public schools to help with being tracked via school or medical in the form of loans. The average debt costs associated with flagging school records. for a college graduate is $17,000, and it records. In extreme cases, the abducting par- can exceed $100,000 for a graduate stu- Each year, over 200,000 children—78 ent leaves the child with strangers at dent. percent of all abductions in the United an underground ‘‘safe house’’ where Under Federal law, and in order to States—are kidnapped by a family health, safety, and other basic needs receive longer repayment terms, indi- member, usually a non-custodial par- are extremely compromised. viduals may consolidate their student ent. For example, in Lafayette, CA, two loans into one loan. The interest rate More than half of abducting parents girls were abducted by their mother on the consolidated loan is fixed. So have a history of domestic violence, and moved from house to house under while current law gives individuals a substance abuse, or a criminal record. the control of a convicted child mo- longer time to repay their student Most State and local law enforce- lester. Kelli Nunez absconded with her debt, it does not allow them to take ad- ment agencies do not treat these ab- daughters, 6-year-old Anna and 4-year- vantage of the low interest rates that ductions as serious crimes. Approxi- old Emily in violation of court custody prevail in the marketplace today. mately 70 percent of law enforcement orders. Nunez drove her daughters Graduates may refinance their houses agencies do not have written guidelines cross-country, and then returned by at lower rates but cannot do the same on responding to family abduction and plane to San Francisco, where she with student loans. many are not informed about the Fed- handed the children to someone hold- My bill would change that and would eral laws available to help in the ing a coded sign at the airport. permit individuals to refinance their search and recovery. The person holding the sign belonged consolidated Federal loans at the same Many people believe that a child is to an underground vigilante group interest rate as Federal Stafford loans, not in grave danger if the abductor is a called the California Family Law Cen- which fluctuate with the market and family member. Unfortunately, this is ter led by Florencio Maning, a con- are generally below the prevailing mar- not true, and the assumptions can en- victed child molester. For six months, ket rate. Individuals could refinance danger a child’s life. Research shows Maning orchestrated the concealment anytime their consolidated loan rate that the most common motive in fam- of the Nunez girls with help from other exceeded 1 percent of the Stafford loan ily abduction cases is revenge against people. Luckily, police were able to rate. And under my bill the borrower is the other parent—not out of love for track down the girls and they were suc- not required to pay any fee or costs the child. cessfully reunited with their father. when they refinance. The effects of family abduction on California has been the Nation’s lead- There are many in Congress who children are very traumatic. Abducted er in fighting family abduction. In my have introduced legislation to make a children suffer from severe separation State, we have a system that places college education more accessible and anxiety. To break emotional ties with the responsibility for the investigation affordable to American students. I sup- the left-behind parent, some family ab- and resolution of family abduction port many of those efforts. My modest ductors will coach a child into falsely cases with the County District Attor- bill is a step in this direction, and I en- ‘‘disclosing’’ abuse by the other parent ney’s Office. Each California County courage my colleagues to support this to perpetuate their control during or District Attorney’s Office has an inves- effort. after abduction. The child is often told tigative unit that is focused on family that the other parent is dead or did not abduction cases. Therefore, investiga- By Mrs. FEINSTEIN (for herself, really love them. tors only handle family abduction Mrs. HUTCHISON, Ms. SNOWE, As the child adapts to a fugitive’s cases and become experts in the proc- Mr. FEINGOLD, and Mrs. LIN- lifestyle, deception becomes a part of ess. COLN): life. The child is taught to fear those However, most States lack the train- S. 2199. A bill to authorize the Attor- that one would normally trust, such as ing and resources to effectively recover ney General to make grants to improve police, doctors, teachers and coun- children who are kidnapped by a family

VerDate jul 14 2003 00:39 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.170 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2723 member. According to a study con- SEC. 3. DEFINITIONS. (2) extension of normal trade relations ducted by Plass, Finkelhor and In this Act: treatment would assist the Lao People’s Hotaling, 62 percent of parents sur- (1) FAMILY ABDUCTION.—The term ‘‘family Democratic Republic in developing its econ- veyed said they were ‘‘somewhat’’ or abduction’’ means the taking, keeping, or omy based on free market principles and be- concealing of a child or children by a parent, coming competitive in the global market- ‘‘very’’ dissatisfied with police han- other family member, or person acting on be- place; dling of their family abduction cases. half of the parent or family member, that (3) establishing normal commercial rela- The ‘‘Family Abduction Prevention prevents another individual from exercising tions on a reciprocal basis with the Lao Peo- Act of 2004’’ would be an important lawful custody or visitation rights. ple’s Democratic Republic will promote first step in addressing this serious (2) FLAGGING.—The term ‘‘flagging’’ means United States exports to the rapidly growing issue. the process of notifying law enforcement au- southeast Asian region and expand opportu- I urge my colleagues to quickly act thorities of the name and address of any per- nities for United States business and invest- on this important legislation. son requesting the school records of an ab- ment in the Lao People’s Democratic Repub- I ask unanimous consent that the ducted child. lic economy; text of the bill be printed in the (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (4) United States and Laotian commercial means any Indian tribe, band, nation, or interests would benefit from the bilateral RECORD. other organized group or community, includ- trade agreement between the United States There being no objection, the bill was ing any Alaska Native village or regional or and the Lao People’s Democratic Republic, ordered to be printed in the RECORD, as village corporation as defined in or estab- signed in 2003, providing for market access follows: lished pursuant to the Alaska Native Claims and the protection of intellectual property S. 2199 Settlement Act (43 U.S.C. 1601 et seq.), which rights; Be it enacted by the Senate and House of Rep- is recognized as eligible for the special pro- (5) the Lao People’s Democratic Republic resentatives of the United States of America in grams and services provided by the United has taken cooperative steps with the United Congress assembled, States to Indians because of their status as States in the global war on terrorism, com- SECTION 1. SHORT TITLE. Indians. bating the trafficking of narcotics, and the This Act may be cited as the ‘‘Family Ab- (4) STATE.—The term ‘‘State’’ means each accounting for American servicemen and ci- duction Prevention Act of 2004’’. of the several States, the District of Colum- vilians still missing from the Vietnam war; SEC. 2. FINDINGS. bia, the Commonwealth of Puerto Rico, the and Congress findings that— Commonwealth of the Northern Mariana Is- (6) expanding bilateral trade relations that (1) each year more than 203,000 children in lands, American Samoa, Guam, the Virgin include a commercial agreement may pro- the United States (approximately 78 percent Islands, any territory or possession of the mote further progress by the Lao People’s of all abducted children) are abducted by a United States, and any Indian tribe. Democratic Republic on human rights, reli- family member, usually a parent; SEC. 4. GRANTS TO STATES. gious tolerance, democratic rule, and trans- (2) more than half of the parents who (a) MATCHING GRANTS.—The Attorney Gen- parency, and assist that country in adopting abduct their children have a history of alco- eral shall make grants to States for projects regional and world trading rules and prin- hol or substance abuse, a criminal record, or involving— ciples. a history of violence; (1) the extradition of individuals suspected (b) EXTENSION OF NONDISCRIMINATORY (3) the most common motive for family ab- of committing a family abduction back to TREATMENT TO THE PRODUCTS OF THE LAO duction is revenge against the other parent, the State from which the child was taken; PEOPLE’S DEMOCRATIC REPUBLIC.— not protecting the child’s safety; (2) the investigation by State and local law (1) HARMONIZED TARIFF SCHEDULE AMEND- (4) children who are abducted by family enforcement agencies of family abduction MENT.—General note 3(b) of the Harmonized members suffer emotional, psychological, cases; Tariff Schedule of the United States is and often physical abuse at the hands of (3) the training of State and local law en- amended by striking ‘‘Laos’’. their abductors; forcement agencies in responding to family (2) EFFECTIVE DATE.—The amendment (5) children who are victims of family ab- abductions and recovering abducted chil- made by paragraph (1) applies with respect ductions are forced to leave behind family, dren, including the development of written to goods entered, or withdrawn from ware- friends, their homes, their neighborhoods, guidelines and technical assistance; house for consumption, on or after the effec- their schools, and all that is familiar to (4) outreach and media campaigns to edu- tive date of a notice published in the Federal them; cate parents on the dangers of family abduc- Register by the United States Trade Rep- (6) children who are victims of family ab- tions; and resentative that a trade agreement obli- ductions are often told that the parent who (5) the flagging of school records. gating reciprocal most-favored-nation treat- did not abduct the child has died, does not (b) MATCHING REQUIREMENT.—Not less than ment between the Lao People’s Democratic love them, or will harm them; 50 percent of the cost of a project for which Republic and the United States has entered (7) children who are abducted by their par- a grant is made under this section shall be into force. ents or other family members are sometimes provided by non-Federal sources. forced to live in fear of discovery and may be SEC. 5. AUTHORIZATION OF APPROPRIATIONS. By Mrs. BOXER: compelled to conceal their true identity, in- For the purpose of carrying out this Act, S. 2201. A bill to amend the Solid cluding their real names, family histories, there are authorized to be appropriated to Waste Disposal Act to provide for sec- and even their gender; the Attorney General $500,000 for fiscal year ondary containment to prevent methyl (8) children who are victims of family ab- 2004 and such sums as may be necessary for tertiary butyl ether and petroleum ductions are often denied the opportunity to each of fiscal years 2005 and 2006. contamination; to the Committee on attend school or to receive health and dental By Mr. BAUCUS (for himself and Environment and Public Works. care; Mrs. BOXER. Mr. President, today I (9) child psychologists and law enforce- Mr. GRASSLEY): ment authorities now classify family abduc- S. 2200. A bill to extend nondiscrim- am introducing legislation to prevent tion as a form of child abuse; inatory treatment (normal trade rela- chemicals that leak from underground (10) approximately 70 percent of local law tions treatment) to the products of storage tanks from causing environ- enforcement agencies do not have written Laos; to the Committee on Finance. mental and public health damage. My guidelines for what to do in the event of a Mr. BAUCUS. Mr. President, I ask colleague in the House of Representa- family abduction or how to facilitate the re- unanimous consent that the text of the tives, Mr. DINGELL, is introducing com- covery of an abducted child; bill be printed in the RECORD. panion legislation. (11) the first few hours of a family abduc- There being no objection, the bill was Underground storage tanks can hold tion are crucial to recovering an abducted child, and valuable hours are lost when law ordered to be printed in the RECORD, as extremely toxic chemicals that can enforcement is not prepared to employ the follows: move rapidly through soil, contami- most effective techniques to locate and re- S. 2200 nating the ground, aquifers, streams cover abducted children; Be it enacted by the Senate and House of Rep- and other bodies of water. Underground (12) when parents who may be inclined to resentatives of the United States of America in storage tanks are located in urban and abduct their own children receive counseling Congress assembled, rural areas. When they leak, they and education on the harm suffered by chil- SECTION 1. EXTENSION OF NORMAL TRADE RE- present substantial risks to ground- dren under these circumstances, the inci- LATIONS TO LAOS. water quality, human health, environ- dence of family abductions is greatly re- (a) FINDINGS.—Congress finds that— duced; and (1) the Lao People’s Democratic Republic mental quality, and economic growth. (13) where practiced, the flagging of school is pursuing a broad policy of adopting mar- There are approximately 700,000 un- records has proven to be an effective tool in ket-based reforms to enhance its economic derground storage tanks in the United assisting law enforcement authorities find competitiveness and achieve an attractive States, and more than 430,000 con- abducted children. climate for investment; firmed releases from these tanks as of

VerDate jul 14 2003 00:39 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.169 S11PT2 S2724 CONGRESSIONAL RECORD — SENATE March 11, 2004 mid-2003. By and large, MTBE contami- Give law enforcement the authority procedures to follow when locating, ac- nation has come from leaking under- to detain any child who has been en- cessing, or returning abducted chil- ground storage tanks. MTBE has con- tered into the FBI’s National Crime In- dren. taminated water supplies in 43 States. formation Center’s database under any This legislation would provide addi- Twenty-nine States have drinking category of the Missing Person File for tional support for left-behind parents water contamination. Estimates indi- 24 hours or until a disposition can be and it would ease their ability to bring cate that it will cost at least $29 billion made; resolution to their case and their chil- to clean up MTBE contamination na- Amend the Foreign Assistance Act of dren home. tionwide. Currently, the leaking under- 1961 to require information on each For countries that are not party to ground storage tanks program and country’s efforts to prohibit inter- the Hague Convention, it is a case- and other laws ensure that responsible par- national child abduction; country-specific matter. For example, ties pay to clean up the damage caused Require federally-funded supervised in Saudi Arabia, a wife or child of a by these leaking spills. visitation centers to provide services in Saudi man may not leave the country However, the best solution to leaking child custody cases wherein a State without his prior written permission. underground storage tanks is to pre- court finds that there is a risk of ab- There have been many cases in which vent them from leaking in the first duction and orders supervised visita- adult female American citizens have place with the use of secondary con- tion as a preventive measure; and been unable to leave Saudi Arabia be- tainment, such as double walls. There Most importantly, it would provide a cause they have not been able to obtain is already widespread support for this national registry of custody orders the written permission of their male throughout the country. Twenty-one which would allow law enforcement the guardian, regardless of their constitu- States already require secondary con- confidence to intervene in situations tionally guaranteed rights as a U.S. tainment, either for all new or replaced and aid a custodial parent to be re- citizen. tanks—such as in California, or for all united with their child, or to stop an new or replaced tanks in sensitive This legislation would require that abduction in progress. The National the Department of State report to Con- areas. In addition, two States are Center for Missing and Exploited Chil- awaiting final passage or approval of gress on their progress in negotiating dren is aware of cases in which law en- such requirements, and one State re- with countries who are not part of the forcement felt unable to intervene be- quires tertiary, such as triple walls, Hague Convention, such as Saudi Ara- cause parents represented conflicting containment. According to figures bia. orders. Such conflict has lead to inter- from the Petroleum Equipment Insti- The ‘‘Bring Our Children Home Act’’ tute, 57 percent of all tanks installed national abductions that could have would be an important step in helping from 2000 through 2003 were double been prevented. these families reunite. It gives law en- walled. As of May 31, 2003, the U.S. Depart- forcement the tools they need to iden- But this is not fast enough in the ment of State’s Office of Children’s tify children illegally abducted by fam- face of the threats to our drinking and Issues was aware of 1060 international ily members and return them home. groundwater. Approximately 50 percent abduction cases, 904 open abduction I urge my colleagues to support this of the population relies on groundwater cases and 156 access cases, initiated by legislation. for their drinking water. In 2000, 42 U.S.-based parents seeking a child’s re- I ask unanimous consent that the States had MTBE detected in soil or turn or access to a child currently in a text of the bill be printed in the groundwater at gasoline-contaminated foreign country. The actual number of RECORD. leaking underground storage tank children being kept abroad is higher There being no objection, the bill was sites. The time to prevent contamina- than this, as these are open cases, not ordered to be printed in the RECORD, as tion is now. numbers of children. And new cases are follows: We must ensure the environmental reported every week. S. 2202 As international marriages have in- health and safety of our water. I en- Be it enacted by the Senate and House of Rep- courage my colleagues to support this creased in recent decades, so have ac- resentatives of the United States of America in bill. cusations of international child abduc- Congress assembled, tion according to Karolina Walkin, a By Mrs. FEINSTEIN (for herself, SECTION 1. SHORT TITLE. U.S. State Department spokeswoman. This Act may be cited as the ‘‘Bring Our Mr. FEINGOLD, and Mrs. LIN- In a 2001 Contra Costa Times article, Children Home Act’’. COLN): parents complained that the Justice SEC. 2. JURISDICTION OVER COMPETING STATE S. 2202. A bill to amend title 28, Department has little interest in their CUSTODY ORDERS. United States Code, to give district international abduction cases and the Section 1738A of title 28, United States courts of the United States jurisdiction State Department was unwilling to dis- Code, is amended by adding at the end the over competing State custody deter- rupt diplomatic relations over ab- following: minations, and for other purposes; to ducted children. Written policy directs ‘‘(i) If a court of 1 State makes a child cus- the Committee on the Judiciary. consular officers to remain neutral, no tody determination in accordance with sub- Mrs. FEINSTEIN. Mr. President, I section (c) and if that determination is in matter the circumstances. rise today with Senator FEINGOLD and conflict with a determination made by an- A 2000 General Accounting Office re- Senator LINCOLN to introduce the other State in accordance with subsection port noted that the FBI has made lim- ‘‘Bring Our Children Home Act,’’ a bill (c), a contestant for whom such a determina- ited use of the 1993 International Pa- to help the thousands of children who tion was made may bring an action in the rental Kidnapping Crime Act. Despite district court of the United States the dis- are abducted by family members and at least 1,000 international parental ab- trict of which includes the resident of such taken to a foreign country each year. contestant to determine, on the basis of the Despite an increasingly high level of ductions from the United States annu- ally, the Bureau has prosecuted only 62 best interests of the child involved, which Congressional and public concern re- determination shall prevail.’’. cases in 7 years. garding international parental abduc- SEC. 3. NATIONAL REGISTRY OF CUSTODY OR- tion and the wrongful retention of The Bring Our Children Home Act re- DERS. American children abroad, the situa- quires the Department of Justice and (a) IN GENERAL.—The Attorney General tion facing American children and Department of State to report to Con- shall establish a national child custody and their left-behind parents in these cases gress on International Parental Kid- visitation registry in which shall be en- has not improved and continues to be a napping Crime Act warrants and extra- tered— serious problem. dition. We must make sure that we are (1) certified copies of custody and visita- The Bring Our Children Home Act utilizing the tools that we have avail- tion determinations made by courts through- out the United States (and foreign custody would help prevent both domestic and able to recover abducted children. The 1980 Hague Convention on the orders concerning children temporarily or international family abductions. Spe- permanently resident in the United States); cifically, the bill would: Civil Aspects of International Child (2) information identifying pending pro- Establish a right of action in Federal Abduction is an international agree- ceedings in courts throughout the United court for resolution of child custody ment among 54 nations, including the States for initial, modification, or enforce- disputes; United States, that established civil ment orders; and

VerDate jul 14 2003 00:39 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.175 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2725 (3) information identifying proceedings persons, except as provided in paragraphs (3) (2) Section 502B(b) of the Foreign Assist- filed in any court in the United States pursu- and (4).’’; and ance Act of 1961 (22 U.S.C. 2304(b)) is amended ant to the Hague Convention on the Civil As- (3) in paragraph (3), as so redesignated— by inserting after the sixth sentence the fol- pects of International Child Abduction and (A) by striking ‘‘paragraph (3)’’ and insert- lowing: ‘‘Each report under this section shall the International Child Abduction Remedies ing ‘‘paragraph (4)’’; and include information on the status of efforts Act, and resulting orders. (B) by inserting ‘‘(other than in connection in each country to prohibit international (b) COOPERATION.—The Attorney General with a petition described in paragraph (1))’’ child abduction, including efforts to expedite shall seek the cooperation of Federal and after ‘‘or court costs’’. the return of children to the country of their State courts in each State, and the District (d) RESPONSIBILITIES OF UNITED STATES habitual residence and the extent to which of Columbia, in providing relevant informa- CENTRAL AUTHORITY.—Section 7 of the Inter- the country respects the rights of custody tion to the registry on an ongoing basis. The national Child Abduction Remedies Act (42 and of access under the laws of other coun- Attorney General shall provide such finan- U.S.C. 11606) is amended by adding at the end tries.’’. cial and technical assistance as necessary. the following: (c) REPORT ON ENFORCEMENT OF SECTION (c) ACCESS.—The registry shall be acces- ‘‘(f) TECHNICAL ASSISTANCE.—The United 1204 OF TITLE 18, UNITED STATES CODE.—The sible to courts, law enforcement officials, States Central Authority shall encourage Attorney General, in consultation with the custody contestants, and their legal rep- the Chief Justice of every State and the Dis- Secretary of State, shall prepare and submit resentatives. trict of Columbia to designate a single court, to the Congress an annual report that con- or a limited number of courts, in which cases SEC. 4. DETENTION OF CHILDREN LISTED AS tains a description of the status of each case MISSING. brought under the Convention may be heard. involving a request during the preceding Law enforcement officers of any State or The Central Authority may provide tech- year for extradition to the United States of local government may hold, for not more nical assistance (including computers and an individual alleged to have violated sec- than 24 hours or until a disposition can be Internet access) as necessary to foster con- tion 1204 of title 18, United States Code. made, any child listed under any category of solidation of jurisdiction and implementa- SEC. 7. SUPPORT FOR UNIFORM CHILD CUSTODY the Missing Person File by the National tion of the Convention, consistent with the JURISDICTION AND ENFORCEMENT Crime Information Center for the proper dis- purposes of the Convention. ACT. ‘‘(g) TRAINING.—The United States Central position of the child in accordance with the From amounts made available to carry out Authority shall provide or promote training latest valid custody determination applica- this section, the Attorney General shall sup- of State court judges, lawyers, and law stu- ble to the child. port, directly or through grants and con- dents on the civil and criminal laws per- tracts, the adoption and implementation by SEC. 5. INTERNATIONAL CHILD ABDUCTION REM- taining to interstate and international pa- EDIES. the States of the Uniform Child Custody Ju- rental kidnapping. To carry out this sub- risdiction and Enforcement Act, as adopted (a) LEGAL ASSISTANCE FOR VICTIMS OF PA- section, the United States Central Authority by the National Conference of Commis- RENTAL KIDNAPPING.—Section 7 of the Inter- may make available funds under subsection national Child Abduction Remedies Act (42 sioners on Uniform State Laws (in this sec- (e) to State judicial educators, national, tion referred to as the ‘‘UCCJEA’’). The sup- U.S.C. 11606) is amended by adding at the end State, and local bar associations, and law the following: port provided under this section shall in- schools. The United States Central Author- clude the following activities: ‘‘(f) LEGAL ASSISTANCE FOR VICTIMS OF PA- ity shall require recipients of such funds to (1) Activities to promote the adoption of RENTAL KIDNAPPING GRANTS.— report on the training programs they the UCCJEA by States that have not yet ‘‘(1) FUNDING TO LEGAL SERVICES PRO- present, including the number of partici- adopted it. VIDERS.—The Central Authority shall estab- pants.’’. (2) Activities to provide training to law- lish a program to provide funding to legal (e) FEDERAL JUDICIAL CENTER.—Section 620 services providers, including private attor- yers and to judges and other appropriate of title 28, United States Code, is amended by public officials to ensure that the UCCJEA is neys, public officials acting pursuant to the adding at the end the following: Uniform Child Custody Jurisdiction and En- implemented effectively and uniformly ‘‘(c) CONTINUING EDUCATION AND TRAINING throughout the United States. forcement Act, legal aid programs, and law PROGRAMS.—The Center shall include in its school clinical programs, to provide direct (3) Activities to provide guidance and fund- continuing education and training programs, ing to States to facilitate and expedite the legal or advocacy services on behalf of per- including the training programs for newly sons seeking remedies under the Convention, enforcement by those States of the custody appointed judges, information on the Hague and visitation provisions of the UCCJEA. or other civil or criminal remedies in inter- Convention on the Civil Aspects of Inter- SEC. 8. FEDERAL JUDICIAL CENTER EDUCATION state or international parental kidnapping national Child Abduction, the International cases. PROGRAMS ON PARENTAL KIDNAP- Child Abduction Remedies Act, the Inter- PING. ‘‘(2) TRAINING AND TECHNICAL ASSISTANCE.— national Parental Kidnapping Crime Act, The Federal Judicial Center, in fulfilling The Central Authority, directly or through and other Federal statutes pertaining to pa- its function to stimulate, create, develop, grants, shall provide training and technical rental kidnapping within the jurisdiction of and conduct programs of continuing edu- assistance to recipients of funds under para- the Federal courts, and shall prepare mate- cation and training for personnel of the judi- graph (1) to improve their capacity to offer rials necessary to carry out this sub- cial branch of the Government and other per- legal assistance described in paragraph (1).’’. section.’’. sons (as specified in section 620(b)(3) of title (b) LEGAL SERVICES CORPORATION.—The SEC. 6. REPORTS RELATING TO INTERNATIONAL 28, United States Code), shall ensure that Legal Services Corporation may use funds CHILD ABDUCTION. those programs include education, training, made available to the Corporation for pro- (a) REPORT ON PROGRESS IN NEGOTIATING and materials on the Hague Convention on grams to represent aliens in proceedings BILATERAL TREATIES WITH NON-HAGUE CON- the Civil Aspects of International Child Ab- brought in the United States under the Con- VENTION COUNTRIES.—The Secretary of State duction, the International Child Abduction vention— shall prepare and submit to the Congress an Remedies Act, the International Parental (1) if the individuals to whom the represen- annual report on progress made by the Kidnapping Crime Act, and such other inter- tation is provided otherwise meet the cri- United States in negotiating and entering national and Federal laws relating to paren- teria of the Corporation for eligible clients into bilateral treaties (or other international tal kidnapping as are within the jurisdiction under the Legal Services Corporation Act; agreements) relating to international child of the Federal courts. and abduction with countries that are not con- (2) whether or not such individuals are SEC. 9. USE OF SUPERVISED VISITATION CEN- tracting parties to the Hague Convention on TERS UNDER THE SAFE HAVENS FOR resident in the United States. the Civil Aspects of International Child Ab- CHILDREN PILOT PROGRAM IN SITU- (c) EXEMPTION FROM COURT COSTS.—Sec- duction. ATIONS INVOLVING THE RISK OF PA- tion 8(b) of the International Child Abduc- (b) REPORT ON HUMAN RIGHTS PRACTICES.— RENTAL KIDNAPPING. tion Remedies Act (42 U.S.C. 11607(b)) is (1) Section 116(d) of the Foreign Assistance Section 1301(a) of the Violence Against amended— Act of 1961 (22 U.S.C. 2151n(d)) is amended— Women Act of 2000 (42 U.S.C. 10420(a)) is (1) by redesignating paragraphs (2) and (3) (A) in paragraph (7), by striking ‘‘and’’ at amended by striking ‘‘or stalking’’ and in- as paragraphs (3) and (4), respectively; the end and inserting a semicolon; serting ‘‘stalking, or the risk of parental (2) by striking paragraph (1) and inserting (B) in paragraph (8), by striking the period kidnapping’’. the following: ‘‘(1) No court costs may be as- at the end and inserting ‘‘; and’’; and sessed on a petitioner in connection with a (C) by adding at the end the following: By Mr. CORZINE: petition seeking the return of, or rights of ‘‘(9) the status of efforts in each country to S. 2203. A bill to provide assistance to access to, a child located in the United prohibit international child abduction, in- combat HIV/AIDS in India, and for States, pursuant to this Act. cluding— other purposes; to the Committee on ‘‘(2) Petitioners may be required to bear ‘‘(A) efforts to expedite the return of chil- the costs of legal counsel or advisors, court dren to the country of their habitual resi- Foreign Relations. costs incurred in connection with their peti- dence; and Mr. CORZINE. Mr. President, today I tions (other than petitions described in para- ‘‘(B) the extent to which the country re- am introducing legislation to make graph (1)) and travel costs for the return of spects the rights of custody and of access India eligible for assistance under the the child involved and any accompanying under the laws of other countries.’’. Emergency Plan for AIDS Relief.

VerDate jul 14 2003 00:39 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.174 S11PT2 S2726 CONGRESSIONAL RECORD — SENATE March 11, 2004 India is facing a critical moment. An ernment Activities to Combat HIV/AIDS other Federal crimes do not always estimated 4.58 million people are in- Globally has responsibilities under section contain specific threats, they may not fected with the HIV virus in India and 1(f)(2)(B)(ii)(VII) of the State Department be covered by current federal law. The HIV/AIDS has been reported in almost Basic Authorities Act of 1956 (22 U.S.C. Congressional Research Service has 2651a(f)(2)(B)(ii)(VII)) should not decrease the all the states and union territories of amount of funding the Coordinator makes noted that this is a gap within the cur- the country. The epidemic is spreading available for assistance to any other such rent Federal code. rapidly from urban to rural areas and country; Clearly, there is a need for tough leg- from high-risk groups to the general (2) the United States should continue to in- islation to reflect the seriousness of population. Given India’s size and the crease the number of countries eligible to re- this type of crime. This is why Sen- mobility of its population, there is a ceive assistance from the United States to ators SCHUMER, CORNYN, FEINSTEIN and serious threat of catastrophe. combat HIV and AIDS; and I are introducing the Stop Terrorist India’s political leaders, public (3) the United States should increase the and Military Hoaxes Act of 2004. The total amount of assistance available to com- health officials, non-governmental or- bat HIV and AIDS. legislation criminalizes conduct that ganizations, and medical and scientific SEC. 3. ASSISTANCE TO COMBAT HIV/AIDS IN conveys false or misleading informa- communities have taken important INDIA. tion under circumstances where such steps to combat HIV/AIDS. India, the Section 1(f)(2)(B)(ii)(VII) of the State De- information may reasonably be be- world’s largest democracy, has skilled partment Basic Authorities Act of 1956 (22 lieved. The bill covers hoaxes related governmental and civil society actors U.S.C. 2651a(f)(2)(B)(ii)(VII)) is further to biological, chemical, or nuclear who are committed to a new awareness amended by inserting ‘‘India,’’ after weapons and other federal crimes that ‘‘Haiti,’’. of the AIDS crisis and strategic ap- do not contain specific or express proaches to combating the disease. But By Mr. HATCH (for himself, Mr. threats. significant gaps remain in the Indian SCHUMER, Mr. CORNYN, and Mrs. In addition, this bill criminalizes in- health care system’s ability to address FEINSTEIN): tentionally false statements con- the full scope of the crisis. These gaps S. 2204. A bill to provide criminal cerning the death, injury, capture or require immediate and sustained U.S. penalties for false information and disappearance of a member of the engagement and contribution of re- hoaxes relating to terrorism; to the United States Armed Forces. During sources. Committee on the Judiciary. the recent liberation of Iraq, there We must continue to expand the list Mr. HATCH. Mr. President, since the were several cruel hoaxes played on of eligible countries in recognition of September 11th attacks against our family members of those who were the global nature of this pandemic. We Nation, each of us is more conscious of risking their very lives in the service must also accelerate assistance to Afri- our individual safety and security. No of our country. Family members sac- can and Caribbean countries already example hit closer to home than when rifice alongside service men and women included as focus countries. Finally, we anthrax-infected letters made their who place their lives in danger in the must increase overall funding to com- way into Senators’ offices. Senators, service of our country. Those family bat HIV/AIDS. India is but one example Representatives and staffers were members deserve to be treated with re- of the enormity of the HIV/AIDS epi- forced to vacate offices, advised to spect and should be free from these demic. But it is also an example of the take strong antibiotics, and faced with cruel deceptions. This bill makes sure opportunities for America to reach out the uncertainty of whether they con- that these malicious pranks can be and find partners in combating this tracted a life-threatening disease. punished appropriately. scourge. It is not true that programs to In response to this vulnerability that America is engaged in a war on ter- fight AIDS cannot absorb more re- is now inherent in our everyday lives, rorisms. In addition to protecting our sources. There is critical and urgent Congress has beefed up law enforce- citizens from terrorist acts, we also work to be done and committed profes- ment and intelligence tools to combat need to take measures to ensure that sionals ready to do it. They just need terrorism better. The key to fighting our law enforcement resources are not our help. terrorism is to target those planning needlessly wasted by responding to I ask unanimous consent that the terrorist acts and capture them before these offensive and expensive terrorist text of the bill be printed in the they can realize their horrific goals. hoaxes. I urge my colleagues to support RECORD. Our law enforcement communities this measure. There being no objection, the bill was have utilized the new tools we have ordered to be printed in the RECORD, as provided them to respond in a dedi- By Mr. LEVIN: follows: cated and professional way to these S. 2205. A bill to authorize the exten- sion of unconditional and permanent S. 2203 new challenges. Unfortunately, we are beginning to nondiscriminatory treatment (perma- Be it enacted by the Senate and House of Rep- nent normal trade relations treatment) resentatives of the United States of America in see a number of instances where cruel Congress assembled, and depraved individuals have engaged to the products of Ukraine, and for SECTION 1. FINDINGS. in terrorist hoaxes. For example, peo- other purposes; to the Committee on Congress makes the following findings: ple have sent letters containing powder Finance. (1) The Government of India has estimated or sugar and a note stating that the re- Mr. LEVIN. Mr. President, today I that 4,580,000 people in India are infected cipient has now been infected by an- introduce a bill to grant normal trade with the human immunodeficiency virus thrax. These hoaxes are more than a treatment to the products of Ukraine. (‘‘HIV’’) and cases of individuals with the ac- bad joke. They require a substantial My brother, Congressman SANDER quired immune deficiency syndrome and costly response—evacuation of LEVIN, has introduced an identical bill (‘‘AIDS’’) have been reported in almost all buildings, emergency medical tests or in the House. We introduced similar the states and union territories of India. bills in the 107th Congress. It is our (2) The effort to combat the HIV and AIDS treatment, and laboratory action. epidemic in India has reached a critical Hoaxes like these, which mimic ter- hope that enactment of this legisla- point, as the epidemic is spreading rapidly rorist acts, undermine public con- tion, which builds upon and improves from urban to rural areas and from high-risk fidence by spreading panic and fear, our previous legislative efforts, will groups to the general population. and drain valuable resources from Fed- help build stronger ties between the (3) Political leaders, public health officials, eral, State, and local government agen- United States and Ukraine. non-governmental organizations, and med- cies which must respond to the hoax. Roughly three decades ago, the Jack- ical and scientific communities in India have Under current Federal law, it is a fel- son-Vanik amendment was included in taken important steps to combat HIV and ony to perpetrate certain hoaxes, such the Trade Act of 1974. While relatively AIDS in that country, but assistance from the United States is urgently needed to en- as saying there is a bomb on an air- small in number of words, this provi- hance such efforts. plane. It is also illegal to communicate sion helped open up an entire society SEC. 2. SENSE OF CONGRESS. a threat using the facilities of inter- by exposing the repressive tactics of It is the sense of Congress that— state commerce that could cause per- the Soviet Union. By focusing atten- (1) the addition of India as a country for sonal injury to someone. However, be- tion on the emigration restrictions which the Coordinator of United States Gov- cause hoaxes related to anthrax or that the Soviet Union placed on its

VerDate jul 14 2003 00:39 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MR6.167 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2727 Jewish citizens, the Jackson-Vanik without fear of recrimination. The and the Federal Government has built amendment reiterated American con- Ukrainian people deserve no less. up massive debt. Furthermore, Jeffer- cern about the wide-scale human rights Jackson-Vanik no longer applies to son’s assessment of the significance of abuses occurring in the Soviet Union. Ukraine and should be waived. But we this is also correct: intergenerational In the process, the Jackson-Vanik need to utilize other ways to address debt shifting is morally wrong. amendment played a vital role in the many problems facing Ukraine. I Over the years, we have witnessed changing Soviet society. also hope that this legislation will re- countless ‘‘budget summits’’ and ‘‘bi- The values that for nearly thirty mind Ukraine of the benefits it can and partisan budget deals,’’ and we have years governed our relations with the will accrue when it rightfully assumes heard, time and again, the promises of Soviet Union, democracy, freedom and its place among those nations that are ‘‘deficit reduction.’’ But despite all of the rule of law, remain fundamental guided by democracy, transparency and these charades, the Federal budget re- values to our nation. This bill seeks to the rule of law. mains severely out of balance today. address those concerns while recog- The truth is, it will never be balanced nizing the anachronistic nature of ap- By Mr. SHELBY: as long as the President and the Con- plying Jackson-Vanik to Ukraine. In S.J. Res. 29. A joint resolution pro- gress are allowed to shortchange the addition, this bill provides Congress posing an amendment to the Constitu- welfare of future generations to pay for with a meaningful and effective tool to tion of the United States which re- current consumption. This is evidenced ensure that U.S. interests are fully ad- quires (except during time of war and by the fact that I stood in this same dressed in World Trade Organization subject to suspension by the Congress) place, introducing this same legisla- negotiations for Ukraine. that the total amount of money ex- tion during both the 106th and the Ukraine does allow its citizens the pended by the United States during 107th Congresses while the Federal right and opportunity to emigrate. any fiscal year not exceed the amount budget was actually in balance. But Ukraine has been certified as meeting of certain revenue received by the alas, I stand here today with an enor- the Jackson-Vanik requirements on an United States during such fiscal year mous Federal deficit and a ballooning annual basis since 1992 when a bilateral and not exceed 20 per centum of the Federal debt. trade agreement went into effect. It is gross national product of the United A balanced budget amendment to the now time for the United States recog- States during the previous calendar Constitution is the only certain mecha- nize this reality by eliminating the year; to the Committee on the Judici- nism to break the cycle of deficit Jackson-Vanik restrictions and grant- ary. spending and ensure that the Govern- ing Ukraine normal trading status on a Mr. SHELBY. Mr. President, as we ment does not continue to saddle our permanent basis. Our bill does this continue to debate the Federal Govern- children and grandchildren with the while addressing traditional Jackson- ment’s fiscal year 2005 budget, I can current generation’s debts. A permanently balanced budget Vanik issues such as emigration, reli- think of no better time to discuss the would have a considerable impact in gious freedom, restoration of property, need for a balanced budget amendment the everyday lives of the American and human rights. These are the issues to the Constitution. It is for that rea- son that I stand before you today—to people. A balanced budget would dra- that led to the creation of the Jackson- matically lower interest rates thereby Vanik amendment, and we should not introduce a balanced budget amend- ment to the Constitution. saving money for anyone with a home ignore them at this time. mortgage, a student loan, a car loan, Ukraine has taken some steps toward This is the same amendment that I credit card debt, or any other interest the creation of democratic institutions have introduced in every Congress rate sensitive payment responsibility. and a free-market economy, but much since the 97th Congress. Throughout Simply by balancing its books, the more remains to be done. The way in my entire tenure in Congress, during the good economic times and the bad, I Federal Government would put real which Ukraine’s October 2004 presi- money into the hands of hard working have devoted much time and attention dential elections are conducted will go people. Moreover, if the government to this idea because I believe that one a long way toward determining the fu- demand for capital is reduced, more of the most important things the Fed- ture path this important strategic money would be available for private eral Government can do to enhance the partner and ally will take. sector use, which in turn, would gen- The world is closely watching the lives of all Americans and future gen- erate substantial economic growth and process and conduct of this year’s pres- erations is to balance the Federal create thousands of new jobs. idential elections in Ukraine. Free and budget. More money in the pockets of Ameri- fair elections, regardless of their final Our Founding Fathers, wise men in- cans and more job creation by the outcome, will be an important step to- deed, had great concerns regarding the economy can become a reality with a ward Ukraine’s rapproachment with capability of those in government to simple step—a balanced budget amend- the community of nations. This elec- operate within budgetary constraints. ment. tion will be vital for the process by Alexander Hamilton once wrote that On the other hand, without a bal- which it is conducted. Thus far, there ‘‘..... there is a general propensity anced budget amendment, the Govern- remains reason for concern. in those who govern, founded in the ment will continue to waste the tax- In Ukraine, there are many working constitution of man, to shift the bur- payers’ money on unnecessary interest to promote free and fair elections; how- den from the present to a future day.’’ payments. In fiscal year 2003, the Fed- ever, the staff of many civic and non- Thomas Jefferson commented on the eral Government spent more than $318 governmental organizations are being moral significance of this ‘‘shifting of billion just to pay the interest on the harassed, intimidated and even phys- the burden from the present to the fu- national debt. That is more than the ically harmed. In addition, members of ture.’’ He said: ‘‘the question whether amount spent on all education, job the media are facing similarly hostile one generation has the right to bind training, and crime programs com- and life threatening situations. Just another by the deficit it imposes is a bined. this month, Ukrainian affiliates of question of such consequence as to We might as well be taking these Radio Free Europe and Radio Liberty place it among the fundamental prin- hard-earned tax dollars and pouring have been taken off the air, arrested ciples of government. We should con- them down the drain. I believe that and had their stations raided. Such ac- sider ourselves unauthorized to saddle this money could be better spent on tions are inexcusable and not in keep- posterity with our debts and morally improving education, developing new ing with the fundamental values of bound to pay them ourselves.’’ medical technologies, finding a cure for freedom, openness and the rule of law. I completely agree with these senti- cancer, or even returning it to the peo- It is my hope that the October 2004 ments. History has shown that Ham- ple who earned it in the first place. But elections will aid Ukraine’s trans- ilton was correct. Those who govern instead, about 15 percent of the Federal formation from a nation where fear un- have, in fact, saddled future genera- budget is being wasted on interest pay- dermines public discourse into a nation tions with the responsibility of paying ments because advocates of big govern- where all facets of society can freely for their debts. Over the past 30 years, ment continue to block all efforts to engage in the market-place of ideas annual deficits have become routine balance the budget.

VerDate jul 14 2003 00:39 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.177 S11PT2 S2728 CONGRESSIONAL RECORD — SENATE March 11, 2004 A balanced budget amendment to the pension of sections 1 and 2 of this Article Ms. CANTWELL, Mr. CARPER, Mr. Constitution can be the solution to under this section shall be effective only dur- CHAFEE, Mr. CHAMBLISS, Mrs. CLINTON, this perpetual problem. A balanced ing the fiscal year during which such suspen- Mr. COCHRAN, Mr. COLEMAN, Ms. COL- sion is approved. budget amendment will put us on a LINS, Mr. CONRAD, Mr. CORNYN, Mr. ‘‘SECTION 5. This Article shall take effect path to paying off our national debt, on the first day of the first fiscal year begin- CORZINE, Mr. CRAIG, Mr. CRAPO, Mr. which is currently more than $7 tril- ning after the date of the adoption of this DAYTON, Mr. DEWINE, Mr. DODD, Mrs. lion. This amendment will help ensure Article. DOLE, Mr. DOMENICI, Mr. DORGAN, Mr. that taxpayers’ money will no longer ‘‘SECTION 6. The Congress shall have power DURBIN, Mr. EDWARDS, Mr. ENSIGN, Mr. be wasted on interest payments. to enforce this Article by appropriate legis- ENZI, Mr. FEINGOLD, Mrs. FEINSTEIN, Opponents of a balanced budget lation.’’. Mr. FITZGERALD, Mr. GRAHAM of Flor- amendment treat it as if it is some- f ida, Mr. GRAHAM of South Carolina, Mr. thing extraordinary. They are right, a GRASSLEY, Mr. GREGG, Mr. HAGEL, Mr. SUBMITTED RESOLUTIONS balanced Federal budget would be ex- HARKIN, Mr. HATCH, Mr. HOLLINGS, Mrs. traordinary. And I believe that adopt- HUTCHISON, Mr. INHOFE, Mr. INOUYE, Mr. JEFFORDS, Mr. JOHNSON, Mr. KEN- ing an amendment that would require SENATE RESOLUTION 318—EX- NEDY, Mr. KERRY, Mr. KOHL, Mr. KYL, the Federal Government to do what PRESSING THE SENSE OF THE Ms. LANDRIEU, Mr. LAUTENBERG, Mr. every American already has to do—bal- SENATE THAT THE POSTAGE LEAHY, Mr. LEVIN, Mr. LIEBERMAN, Mrs. ance their checkbook—is exactly what STAMP SHOULD BE ISSUED IN LINCOLN, Mr. LOTT, Mr. LUGAR, Mr. this country needs to prove that Wash- COMMEMORATION OF DIWALI, A MCCAIN, Mr. MCCONNELL, Ms. MIKUL- ington is serious about accomplishing FESTIVAL CELEBRATED BY PEO- SKI, Mr. MILLER, Ms. MURKOWSKI, Mrs. this extraordinary feat. A balanced PLE OF INDIAN ORIGIN budget amendment is simply a promise MURRAY, Mr. NELSON of Florida, Mr. to the American people that the Gov- Mr. LAUTENBERG (for himself and NELSON of Nebraska, Mr. NICKLES, Mr. ernment will spend their hard-earned Mr. CORZINE) submitted the following PRYOR, Mr. REED, Mr. REID, Mr. ROB- tax dollars responsibly. I think that we resolution; which was referred to the ERTS, Mr. ROCKEFELLER, Mr. owe our constituents and future gen- Committee on Government Affairs: SANTORUM, Mr. SARBANES, Mr. SCHU- erations of Americans that much. Mr. LAUTENBERG. Mr. President, I MER, Mr. SESSIONS, Mr. SHELBY, Mr. We do not need any more budget rise today to submit a resolution ex- SMITH, Ms. SNOWE, Mr. SPECTER, Ms. deals or false promises from Wash- pressing the Sense of the Senate that STABENOW, Mr. STEVENS, Mr. SUNUNU, ington to reduce the deficit. What we the Citizens’ Stamp Advisory Commis- Mr. TALENT, Mr. THOMAS, Mr. need is a hammer to force Congress and sion should issue a postage stamp hon- VOINOVICH, Mr. WARNER, and Mr. the President to agree on a balanced oring Diwali. WYDEN) submitted the following resolu- budget, not just this year, but forever. Diwali, known colloquially as the tion; which was considered and agreed A constitutional amendment to bal- ‘‘festival of light,’’ is celebrated annu- to: ance the Federal budget is the only ally in Indian communities worldwide. S. RES. 319 hammer forceful enough to make that Diwali marks the beginning of the Expressing the sense of the Senate with re- happen. Hindu New Year and signifies the re- spect to the deadly terrorist attacks against I urge my colleagues to join with me newal of life for all. Traditionally last- the people of Spain that occurred on March in supporting this important legisla- ing five days, it is common practice for 11, 2004. Whereas on March 11, 2004, terrorists deto- tion. celebrants to light small oil lamps, called diyas, and place them around nated a total of 10 bombs at 6 train stations I ask unanimous consent that the in and around Madrid, Spain during morning text of the bill be printed in the the home and pray for health, knowl- rush hour, killing more than 190 people and RECORD. edge, and peace. Light represents the injuring more than 1,200 others; There being no objection, the bill was triumph of good over evil, and signifies Whereas these attacks constitute the ordered to be printed in the RECORD, as optimism for the future. worst acts of terrorism ever experienced in follows: Christmas, Kwanzaa, Hanukkah, and Spain; Whereas no organization has claimed re- S.J. RES. 29 Eid have already been recognized on sponsibility for the terrorist attacks; Resolved by the Senate and House of Rep- United States postage stamps. It would be appropriate to add Diwali to this Whereas the terrorist organization known resentatives of the United States of America in as ETA, which has been responsible for the Congress assembled (two-thirds of each House distinguished list. It is a holiday about deaths of more than 800 people during its concurring therein), That the following article community, family, and hope for the decades long campaign to establish an inde- is proposed as an amendment to the Con- future—qualities the Senate should pendent Basque State, is a prime suspect as stitution of the United States, to be valid highlight and embrace. the perpetrator of these cowardly acts of ter- only if ratified by the legislatures of three- S. RES. 318 rorism against innocent people; fourths of the several States within 7 years Whereas officials in Spain initiated an- Resolved, That it is the sense of the Senate of the date of final passage of this joint reso- other line of investigation to identify the that— lution: perpetrators of the terrorist attacks after a (1) a postage stamp should be issued by the ‘‘ARTICLE — van was found with detonators and an Ara- United States Postal Service in commemora- bic-language tape of Koranic verses; ‘‘SECTION 1. The total amount of money ex- tion of Diwali, a festival celebrated by peo- Whereas President Jose Maria Aznar has pended by the United States in any fiscal ple of Indian origin; and stated that ‘‘we shall not forget’’, bravely year shall not exceed the total amount of (2) the Citizens’ Stamp Advisory Com- declared that Spain would not change its revenue received by the United States during mittee should recommend to the Postmaster policies because of terrorist pressure, and de- such fiscal year, except revenue received General that such a stamp be issued. from the issuance of bonds, notes, or other clared three days of national mourning; obligations of the United States. Whereas the President of the European ‘‘SECTION 2. The total amount of money ex- SENATE RESOLUTION 319—EX- Parliament has stated that the terrorist at- pended by the United States in any fiscal PRESSING THE SENSE OF THE tacks are ‘‘a declaration of war on democ- year shall not exceed the amount equal to 20 SENATE WITH RESPECT TO THE racy’’, Pope John Paul II has described the per centum of the gross national product of DEADLY TERRORIST ATTACKS attacks as ‘‘despicable’’, and the United Na- the United States during the last calendar AGAINST THE PEOPLE OF SPAIN tions Secretary General Kofi Annan ex- year ending before the beginning of such fis- pressed profound shock and indignation over cal year. THAT OCCURRED ON MARCH 11, this ‘‘senseless killing of innocent people’’; ‘‘SECTION 3. Sections 1 and 2 of this Article 2004 and shall not apply during any fiscal year during Mr. FRIST (for himself, Mr. DASCHLE, Whereas President George W. Bush has al- any part of which the United States is at war Mr. AKAKA, Mr. ALEXANDER, Mr. AL- ready called President Aznar to offer his con- as declared by the Congress under section 8 dolences and to assure him that ‘‘the United LARD, Mr. ALLEN, Mr. BAUCUS, Mr. of Article I of the Constitution. States stands resolutely with Spain in the AYH ENNETT IDEN ‘‘SECTION 4. Sections 1 and 2 of this Article B , Mr. B , Mr. B , Mr. fight against terrorism in all its forms and may be suspended by a concurrent resolution BINGAMAN, Mr. BOND, Mrs. BOXER, Mr. against the particular threat that Spain approved by a three-fifths vote of the Mem- BREAUX, Mr. BROWNBACK, Mr. BUNNING, faces from the evil of ETA terrorism’’: Now, bers of each House of the Congress. Any sus- Mr. BURNS, Mr. BYRD, Mr. CAMPBELL, therefore, be it

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Resolved, That the Senate— Mr. LEVIN, Mr. LIEBERMAN, Mrs. MURRAY, to the concurrent resolution S. Con. Res. 95, (1) expresses the outrage and shock of the Mr. REID, Mr. DURBIN, Mr. JOHNSON, Ms. MI- supra; which was ordered to lie on the table. people of the United States over the terrorist KULSKI, and Ms. STABENOW) submitted an SA 2801. Ms. CANTWELL submitted an attacks that occurred in and around Madrid, amendment intended to be proposed by him amendment intended to be proposed by her Spain on March 11, 2004; to the concurrent resolution S. Con. Res. 95, to the concurrent resolution S. Con. Res. 95, (2) joins with President Bush in expressing supra. supra; which was ordered to lie on the table. its deepest condolences and pledges to re- SA 2787. Mr. PRYOR (for himself, Mr. SA 2802. Ms. LANDRIEU submitted an main shoulder to shoulder with the people of REED, and Mr. CORZINE) submitted an amend- amendment intended to be proposed by her Spain in the war on terrorism; ment intended to be proposed by him to the to the concurrent resolution S. Con. Res. 95, (3) expresses its strong solidarity with the concurrent resolution S. Con. Res. 95, supra; supra; which was ordered to lie on the table. people of Spain during their difficult hour, which was ordered to lie on the table. SA 2803. Mrs. LINCOLN (for herself, Mr. and its deep condolences to the families of SA 2788. Mr. DODD (for himself, Mr. KEN- DASCHLE, Mr. KENNEDY, Mr. DURBIN, Mr. the victims of these despicable terrorist at- NEDY, Mr. REED, Mrs. MURRAY, Mr. CORZINE, DODD, Mr. CORZINE, Mr. BINGAMAN, Mr. tacks; Mrs. CLINTON, Mr. BINGAMAN, Mr. JEFFORDS, KERRY, Mr. LAUTENBERG, Mr. JOHNSON, Mr. (4) calls on all nations to join with the Mr. LAUTENBERG, Mr. KERRY, and Mr. KOHL) PRYOR, Mrs. CLINTON, Mr. JEFFORDS, and Ms. United States in condemning the monstrous submitted an amendment intended to be pro- MIKULSKI) proposed an amendment to the attacks on the innocent people of Spain and posed by him to the concurrent resolution S. concurrent resolution S. Con. Res. 95, supra. SA 2804. Mr. BYRD proposed an amend- in attempting to identify the perpetrators of Con. Res. 95, supra; which was ordered to lie ment to the concurrent resolution S. Con. the attacks and bring them to account; on the table. SA 2789. Mr. SARBANES (for himself, Mr. Res. 95, supra. (5) expresses its readiness to consult with JEFFORDS, Mrs. BOXER, Mr. HARKIN, Mr. SA 2805. Mr. CHAMBLISS submitted an representatives of King Juan Carlos, Presi- DODD, Mr. JOHNSON, Mr. BIDEN, Mr. LEVIN, amendment intended to be proposed by him dent Jose Maria Aznar, the Spanish govern- Ms. MIKULSKI, Mr. CORZINE, Mr. KERRY, Ms. to the concurrent resolution S. Con. Res. 95, ment, the Spanish Cortes, and other public STABENOW, Mr. ROCKEFELLER, Mr. KENNEDY, supra; which was ordered to lie on the table. authorities about joint efforts to combat ter- Mr. LIEBERMAN, Mr. DURBIN, and Mr. SCHU- SA 2806. Mr. GRASSLEY (for himself, Mr. rorism more effectively; MER) proposed an amendment to the concur- BUNNING, Mr. DOMENICI, Mr. BINGAMAN, Ms. (6) commends the United States Embassy rent resolution S. Con. Res. 95, supra. CANTWELL, Mrs. MURRAY, Mr. VOINOVICH, in Madrid for its prompt offers of assistance SA 2790. Mr. REED (for himself, Mr. KEN- Mrs. CLINTON, Mr. DEWINE, Ms. MURKOWSKI, to the Government of Spain, and for its ef- NEDY, Mrs. CLINTON, Mrs. MURRAY, Ms. MI- Mr. REID, Mr. BOND, Mr. KENNEDY, Mr. TAL- forts to determine the welfare and where- KULSKI, Mr. BINGAMAN, Mr. DODD, Mr. SCHU- ENT, Mr. HARKIN, and Mr. ALEXANDER) sub- abouts of United States citizens who may MER, Mrs. LINCOLN, Mr. CORZINE, Mr. PRYOR, mitted an amendment intended to be pro- have been affected by the terrorist attacks; Mr. LEVIN, Mr. ROCKEFELLER, Mr. BIDEN, Mr. posed by him to the concurrent resolution S. and NELSON of Nebraska, Mr. KOHL, Mr. LAUTEN- Con. Res. 95, supra; which was ordered to lie (7) urges the executive branch to continue BERG, Mr. AKAKA, and Mr. SARBANES) sub- on the table. to provide all possible assistance to Spain in mitted an amendment intended to be pro- SA 2807. Mr. LIEBERMAN (for himself, Mr. order to identify and bring to account the posed by him to the concurrent resolution S. SCHUMER, Ms. MIKULSKI, Mr. LAUTENBERG, perpetrators of the terrorist attacks that oc- Con. Res. 95, supra. Mr. BIDEN, Mrs. MURRAY, Mr. KENNEDY, Mr. curred on March 11, 2004, in Madrid and of SA 2791. Ms. MIKULSKI (for herself, Mr. CORZINE, Mr. LEVIN, Mr. KOHL, Mrs. BOXER, other terrorist attacks against the people of LEVIN, Mrs. MURRAY, Mr. SCHUMER, Mr. Mr. DODD, Mr. JOHNSON, Mr. AKAKA, Mr. Spain. REED, Mr. DODD, Mr. LAUTENBERG, Mr. DUR- DURBIN, Mr. LEAHY, Mr. KERRY, and Mr. BIN, and Mr. BIDEN) submitted an amend- GRAHAM, of Florida) proposed an amendment SENATE CONCURRENT RESOLU- ment intended to be proposed by her to the to the concurrent resolution S. Con. Res. 95, TION 98—PROVIDING FOR A CON- concurrent resolution S. Con. Res. 95, supra; supra. DITIONAL ADJOURNMENT OR RE- which was ordered to lie on the table. SA 2808. Mr. LEAHY submitted an amend- SA 2792. Mr. DORGAN submitted an CESS OF THE SENATE ment intended to be proposed by him to the amendment intended to be proposed by him concurrent resolution S. Con. Res. 95, supra; Mr. FRIST (for himself and Mr. to the concurrent resolution S. Con. Res. 95, which was ordered to lie on the table. DASCHLE) submitted the following con- supra; which was ordered to lie on the table. SA 2809. Mr. EDWARDS (for himself and current resolution; which was consid- SA 2793. Mr. DORGAN (for himself, Mr. Mr. KENNEDY) submitted an amendment in- ered and agreed to: DASCHLE, Mr. DURBIN, Mr. AKAKA, Mr. tended to be proposed by him to the concur- LEAHY, Mrs. FEINSTEIN, Mr. SCHUMER, Mr. rent resolution S. Con. Res. 95, supra; which S. CON. RES. 98 KENNEDY, Mr. SARBANES, Mr. ROCKEFELLER, was ordered to lie on the table. Resolved by the Senate (the House of Rep- Mr. CORZINE, Ms. STABENOW, Mr. HARKIN, SA 2810. Mr. PRYOR submitted an amend- resentatives concurring), That when the Sen- Mrs. BOXER, Mr. KOHL, and Mr. DODD) sub- ment intended to be proposed by him to the ate recesses or adjourns at the close of busi- mitted an amendment intended to be pro- concurrent resolution S. Con. Res. 95, supra. ness on Thursday, March 11, or Friday, posed by him to the concurrent resolution S. SA 2811. Mr. SCHUMER submitted an March 12, or Saturday, March 13, or Sunday, Con. Res. 95, supra. amendment intended to be proposed by him March 14, 2004, on a motion offered pursuant SA 2794. Mr. THOMAS (for himself, Mr. to the concurrent resolution S. Con. Res. 95, to this concurrent resolution by its Majority CONRAD, Mr. JOHNSON, Mr. HAGEL, Mrs. MUR- supra; which was ordered to lie on the table. Leader or his designee, it stand recessed or RAY, Ms. COLLINS, Mr. FEINGOLD, Mrs. LIN- SA 2812. Mr. GRASSLEY submitted an adjourned until Monday, March 22, 2004, at 12 COLN, Mr. JEFFORDS, Mr. ROCKEFELLER, Mr. amendment intended to be proposed by him noon. SMITH, Ms. STABENOW, Mr. NELSON of Ne- to the bill S. 1637, to amend the Internal f braska, Mr. BINGAMAN, and Mr. DASCHLE) Revenue Code of 1986 to comply with the AMENDMENTS SUBMITTED AND submitted an amendment intended to be pro- World Trade Organization rulings on the FSC/ETI benefit in a manner that preserves PROPOSED posed by him to the concurrent resolution S. Con. Res. 95, supra. jobs and production activities in the United SA 2783. Mrs. BOXER (for herself, Mr. SA 2795. Mr. ENSIGN submitted an amend- States, to reform and simplify the inter- DASCHLE, Mr. SARBANES, Mrs. CLINTON, Mr. ment intended to be proposed by him to the national taxation rules of the United States, SCHUMER, Mr. KENNEDY, Mr. KOHL, Mr. DUR- concurrent resolution S. Con. Res. 95, supra; and for other purposes; which was ordered to BIN, Mr. LEVIN, Mr. DODD, Ms. MIKULSKI, Mr. which was ordered to lie on the table. lie on the table. DORGAN, Mrs. MURRAY, Mr. ROCKEFELLER, SA 2796. Mr. SANTORUM submitted an SA 2813. Mr. GRASSLEY submitted an and Ms. STABENOW) proposed an amendment amendment intended to be proposed by him amendment intended to be proposed by him to the concurrent resolution S. Con. Res. 95, to the concurrent resolution S. Con. Res. 95, to the bill S. 1637, supra; which was ordered setting forth the congressional budget for supra; which was ordered to lie on the table. to lie on the table. the United States Government for fiscal year SA 2797. Mr. LAUTENBERG submitted an SA 2814. Mr. GRASSLEY submitted an 2005 and including the appropriate budgetary amendment intended to be proposed by him amendment intended to be proposed by him levels for fiscal years 2006 through 2009. to the concurrent resolution S. Con. Res. 95, to the bill S. 1637, supra; which was ordered SA 2784. Mr. CRAPO (for himself, Mr. SAR- supra. to lie on the table. BANES, Mr. JEFFORDS, Ms. COLLINS, Mr. REID, SA 2798. Mr. HARKIN submitted an amend- SA 2815. Mr. GRASSLEY submitted an Mr. KERRY, Ms. MIKULSKI, Mrs. CLINTON, Mr. ment intended to be proposed by him to the amendment intended to be proposed by him DOMENICI, and Mr. VOINOVICH) submitted an concurrent resolution S. Con. Res. 95, supra; to the bill S. 1637, supra; which was ordered amendment intended to be proposed by him which was ordered to lie on the table. to lie on the table. to the concurrent resolution S. Con. Res. 95, SA 2799. Mr. HARKIN (for himself, Mrs. SA 2816. Mr. GRASSLEY submitted an supra. FEINSTEIN, Mr. DURBIN, Mr. LAUTENBERG, Mr. amendment intended to be proposed by him SA 2785. Mr. LUGAR submitted an amend- BINGAMAN, Ms. LANDRIEU, and Mr. to the bill S. 1637, supra; which was ordered ment intended to be proposed by him to the LIEBERMAN) proposed an amendment to the to lie on the table. concurrent resolution S. Con. Res. 95, supra. concurrent resolution S. Con. Res. 95, supra. SA 2817. Mr. LEVIN (for himself, Ms. COL- SA 2786. Mr. DAYTON (for himself, Mr. SA 2800. Ms. CANTWELL submitted an LINS, and Mrs. CLINTON) submitted an amend- AKAKA, Mr. CORZINE, Mr. DODD, Mr. KOHL, amendment intended to be proposed by her ment intended to be proposed by him to the

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.202 S11PT2 S2730 CONGRESSIONAL RECORD — SENATE March 11, 2004 concurrent resolution S. Con. Res. 95, setting SA 2836. Mrs. LINCOLN submitted an concurrent resolution S. Con. Res. 95, supra; forth the congressional budget for the United amendment intended to be proposed by her which was ordered to lie on the table. States Government for fiscal year 2005 and to the concurrent resolution S. Con. Res. 95, SA 2855. Mr. LUGAR submitted an amend- including the appropriate budgetary levels supra; which was ordered to lie on the table. ment intended to be proposed by him to the for fiscal years 2006 through 2009. SA 2837. Mr. NICKLES (for Mrs. LINCOLN bill S. 1637, to amend the Internal Revenue SA 2818. Mr. BINGAMAN submitted an (for herself, Mr. BAUCUS, Ms. SNOWE, Mr. Code of 1986 to comply with the World Trade amendment intended to be proposed by him BREAUX, Mr. ROCKEFELLER, and Ms. COL- Organization rulings on the FSC/ETI benefit to the concurrent resolution S. Con. Res. 95, LINS)) submitted an amendment intended to in a manner that preserves jobs and produc- supra; which was ordered to lie on the table. be proposed by Mr. NICKLES to the concur- tion activities in the United States, to re- SA 2819. Mr. BINGAMAN (for himself, Mr. rent resolution S. Con. Res. 95, supra. form and simplify the international taxation KERRY, Mr. DASCHLE, Mr. CORZINE, Mr. SA 2838. Mr. NICKLES (for Mr. GRASSLEY rules of the United States, and for other pur- LEVIN, and Mr. CARPER) submitted an (for himself, Mr. LUGAR, Mr. FEINGOLD, and poses; which was ordered to lie on the table. amendment intended to be proposed by him Mr. SCHUMER)) proposed an amendment to f to the concurrent resolution S. Con. Res. 95, the concurrent resolution S. Con. Res. 95, supra; which was ordered to lie on the table. supra. TEXT OF AMENDMENTS SA 2820. Ms. MIKULSKI (for herself, Mr. SA 2839. Mr. NICKLES (for Ms. SNOWE) pro- LEVIN, Mrs. MURRAY, Mr. SCHUMER, Mr. posed an amendment to the concurrent reso- SA 2783. Mrs. BOXER (for herself, Mr. REED, Mr. DODD, Mr. LAUTENBERG, Mr. DUR- lution S. Con. Res. 95, supra. DASCHLE, Mr. SARBANES, Mrs. CLINTON, BIN, and Mr. BIDEN) proposed an amendment SA 2840. Mr. MCCONNELL submitted an Mr. SCHUMER, Mr. KENNEDY, Mr. KOHL, to the concurrent resolution S. Con. Res. 95, amendment intended to be proposed by him Mr. DURBIN, Mr. LEVIN, Mr. DODD, Ms. supra. to the concurrent resolution S. Con. Res. 95, MIKULSKI, Mr. DORGAN, Mrs. MURRAY, SA 2821. Mr. COLEMAN (for himself and supra. Mr. ROCKEFELLER, and Ms. STABENOW) SA 2841. Mr. NICKLES (for Mr. HAGEL (for Ms. COLLINS) proposed an amendment to the proposed an amendment to the concur- concurrent resolution S. Con. Res. 95, supra. himself, Mr. CRAIG, Mr. CRAPO, Ms. SA 2822. Ms. MURKOWSKI (for herself, STABENOW, Mr. TALENT, Mr. BINGAMAN, Mr. rent resolution S. Con. Res. 95, setting Mrs. MURRAY, and Mr. CAMPBELL) proposed BOND, Mr. FITZGERALD, Mrs. MURRAY, Mr. forth the congressional budget for the an amendment to the concurrent resolution NELSON, of Nebraska, Mr. GRASSLEY, Mr. United States Government for fiscal S. Con. Res. 95, supra. DURBIN, Mr. BURNS, Mr. SMITH, Mr. BAUCUS, year 2005 and including the appropriate SA 2823. Mr. INHOFE (for himself, Mr. Mr. CAMPBELL, and Ms. CANTWELL)) proposed budgetary levels for fiscal years 2006 BINGAMAN, Mr. COLEMAN, Mr. DORGAN, Ms. an amendment to the concurrent resolution through 2009; as follows: COLLINS, Mr. BAYH, Mr. ALEXANDER, Mr. S. Con. Res. 95, supra. AKAKA, Ms. CANTWELL, and Mr. JEFFORDS) SA 2842. Mr. NICKLES (for Mr. SANTORUM) On page 3, line 9, increase the amount by proposed an amendment to the concurrent proposed an amendment to the concurrent $8,000,000,000. resolution S. Con. Res. 95, supra. resolution S. Con. Res. 95, supra. On page 3, line 10, increase the amount by SA 2824. Mr. INHOFE (for himself and Mr. SA 2843. Mr. NICKLES (for Mr. HATCH (for $8,000,000,000. BINGAMAN) submitted an amendment in- himself, Mr. BIDEN, and Mr. KOHL)) proposed On page 3, line 11, increase the amount by tended to be proposed by him to the concur- an amendment to the concurrent resolution $8,000,000,000. rent resolution S. Con. Res. 95, supra; which S. Con. Res. 95, supra. On page 3, line 17, increase the amount by was ordered to lie on the table. SA 2844. Mr. NICKLES (for Mrs. DOLE (for $8,000,000,000. SA 2825. Mr. ENSIGN submitted an amend- herself and Mr. LEAHY)) proposed an amend- On page 3, line 18, increase the amount by ment intended to be proposed by him to the ment to the concurrent resolution S. Con. $8,000,000,000. concurrent resolution S. Con. Res. 95, supra; Res. 95, supra. On page 3, line 19, increase the amount by which was ordered to lie on the table. SA 2845. Mr. NICKLES (for Mr. LUGAR (for $8,000,000,000. SA 2826. Mr. GRASSLEY (for himself, Mr. himself, Mr. CORZINE, Mr. BINGAMAN, Mr. On page 4, line 20, increase the amount by LUGAR, Mr. FEINGOLD, and Mr. SCHUMER) sub- LAUTENBERG, Mr. SCHUMER, Ms. STABENOW, $8,000,000,000. mitted an amendment intended to be pro- Mrs. CLINTON, Mrs. FEINSTEIN, Mr. KERRY, On page 4, line 21, increase the amount by posed by him to the concurrent resolution S. Mr. KOHL, Mr. LEVIN, Mrs. MURRAY, Mr. DUR- $8,000,000,000. Con. Res. 95, supra; which was ordered to lie BIN, Mr. DEWINE, Mr. HAGEL, Mr. CHAFEE, On page 4, line 22, increase the amount by on the table. Mr. JEFFORDS, Ms. CANTWELL, Mr. SMITH, Mr. $8,000,000,000. SA 2827. Mr. GRASSLEY submitted an SANTORUM, Mr. MCCAIN, Mr. BIDEN, and Mr. On page 5, line 3, decrease the amount by amendment intended to be proposed by him SUNUNU)) proposed an amendment to the $8,000,000,000. to the concurrent resolution S. Con. Res. 95, concurrent resolution S. Con. Res. 95, supra. On page 5, line 4, decrease the amount by supra; which was ordered to lie on the table. SA 2846. Ms. MURKOWSKI (for herself, Mr. $16,000,000,000. SA 2828. Mr. GRASSLEY submitted an SPECTER, Mr. BOND, Mr. ENSIGN, Mr. DEWINE, On page 5, line 5, decrease the amount by amendment intended to be proposed by him Mr. CORNYN, Mr. CAMPBELL, Mr. GRAHAM of $24,000,000,000. to the concurrent resolution S. Con. Res. 95, South Carolina, Mr. ALLEN, Mr. STEVENS, On page 5, line 6, decrease the amount by supra; which was ordered to lie on the table. and Ms. MIKULSKI) proposed an amendment $24,000,000,000. SA 2829. Mr. HAGEL (for himself, Mr. to the concurrent resolution S. Con. Res. 95, On page 5, line 7, decrease the amount by CRAIG, Mr. CRAPO, Ms. STABENOW, Mr. TAL- supra. $24,000,000,000. ENT, Mr. BINGAMAN, Mr. BOND, Mr. FITZ- SA 2847. Mr. NICKLES (for Mr. GRASSLEY On page 5, line 11, decrease the amount by GERALD, Mrs. MURRAY, Mr. NELSON of Ne- (for himself, Mr. BUNNING, Mr. DOMENICI, Mr. $8,000,000,000. braska, Mr. GRASSLEY, Mr. DURBIN, Mr. BINGAMAN, Ms. CANTWELL, Mrs. MURRAY, Mr. On page 5, line 12, decrease the amount by BURNS, Mr. SMITH, Mr. BAUCUS, Mr. CAMP- VOINOVICH, Mrs. CLINTON, Mr. DEWINE, Ms. $16,000,000,000. BELL, and Ms. CANTWELL) submitted an MURKOWSKI, Mr. REID, Mr. BOND, Mr. KEN- On page 5, line 13, decrease the amount by amendment intended to be proposed by him NEDY, Mr. TALENT, and Mr. HARKIN)) pro- $24,000,000,000. to the concurrent resolution S. Con. Res. 95, posed an amendment to the concurrent reso- On page 5, line 14, decrease the amount by supra; which was ordered to lie on the table. lution S. Con. Res. 95, supra. $24,000,000,000. SA 2830. Mr. ENZI (for himself and Ms. SA 2848. Mr. NICKLES (for Mr. BYRD (for On page 5, line 15, decrease the amount by CANTWELL) submitted an amendment in- himself and Mr. COCHRAN)) proposed an $24,000,000,000. tended to be proposed by him to the concur- amendment to the concurrent resolution S. At the end of title III, insert the following: rent resolution S. Con. Res. 95, supra; which Con. Res. 95, supra. SEC. . RESERVE FUND FOR JOB CREATION. was ordered to lie on the table. SA 2849. Mr. KYL proposed an amendment The Chairman of the Committee on the SA 2831. Mr. CONRAD proposed an amend- to the concurrent resolution S. Con. Res. 95, Budget of the Senate shall revise the aggre- ment to the concurrent resolution S. Con. supra. Res. 95, supra. SA 2850. Mr. NICKLES (for Mr. DORGAN) gates, functional totals, allocations, discre- SA 2832. Mr. ENZI (for himself and Ms. proposed an amendment to the concurrent tionary spending limits, and other appro- CANTWELL) proposed an amendment to the resolution S. Con. Res. 95, supra. priate levels and limits in this resolution by concurrent resolution S. Con. Res. 95, supra. SA 2851. Mr. NICKLES (for Mr. SPECTER) up to $24,000,000,000 over the total of fiscal SA 2833. Mr. NICKLES (for Mr. BINGAMAN) proposed an amendment to the concurrent years 2005 through 2009 for a bill, joint reso- proposed an amendment to the concurrent resolution S. Con. Res. 95, supra. lution, motion, amendment, or conference resolution S. Con. Res. 95, supra. SA 2852. Mr. NICKLES (for Ms. COLLINS report that would provide resources for job SA 2834. Mr. ROCKEFELLER submitted an (for herself and Mr. CARPER)) proposed an creation, discourage outsourcing of jobs, pro- amendment intended to be proposed by him amendment to the concurrent resolution S. vide a tax credit for the creation of new to the concurrent resolution S. Con. Res. 95, Con. Res. 95, supra. manufacturing jobs in the United States, supra; which was ordered to lie on the table. SA 2853. Mr. SANTORUM proposed an provide small businesses with a tax credit for SA 2835. Mr. ROCKEFELLER submitted an amendment to the concurrent resolution S. health care coverage, restore funding to the amendment intended to be proposed by him Con. Res. 95, supra. Manufacturing Extension Program and to to the concurrent resolution S. Con. Res. 95, SA 2854. Ms. SNOWE submitted an amend- the Advanced Technology Partnership, in- supra; which was ordered to lie on the table. ment intended to be proposed by her to the crease spending on federal science research

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.205 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2731 activities, prohibit the use of tax dollars to concurrent resolution S. Con. Res. 95, On page 16, line 3, increase the amount by outsource non-defense and non-homeland se- setting forth the congressional budget $11,629,000,000. curity government contracts abroad, require for the United States Government for On page 16, line 4, increase the amount by $10,653,000,000. employers to provide workers advance notice fiscal year 2005 and including the ap- of any intention to move their jobs offshore, On page 16, line 7, increase the amount by and expand Trade Adjustment Assistance to propriate budgetary levels for fiscal $12,415,000,000. include service workers and improve access years 2006 through 2009; as follows: On page 16, line 8, increase the amount by to affordable health care. On page 3, line 9, increase the amount by $11,385,000,000. At the end of Section 303, insert the fol- $11,485,000,000. lowing: SA 2784. Mr. CRAPO (for himself, Mr. On page 3, line 10, increase the amount by SEC. 304. RESERVE FUND FOR THE INDIVIDUALS SARBANES, Mr. JEFFORDS, Ms. COLLINS, $11,136,000,000. On page 3, line 11, increase the amount by WITH DISABILITIES EDUCATION Mr. REID, Mr. KERRY, Ms. MIKULSKI, ACT. $11,864,000,000. The Chairman of the Committee on the Mrs. CLINTON, Mr. DOMENICI, and Mr. On page 3, line 12, increase the amount by VOINOVICH) submitted an amendment Budget of the Senate shall, in consultation $12,629,000,000. with the Members of the Committee on the intended to be proposed by him to the On page 3, line 13, increase the amount by Budget and the Chairman and Ranking Mem- concurrent resolution S. Con. Res. 95, $13,415,000,000. ber of the appropriate committee, increase On page 3, line 17, increase the amount by setting forth the congressional budget the allocations pursuant to section 302(a) of for the United States Government for $11,485,000,000. the Congressional Budget Act of 1974 to the On page 3, line 18, increase the amount by fiscal year 2005 and including the ap- Committee on Health, Education, Labor, and $11,136,000,000. Pensions of the Senate by up to propriate budgetary levels for fiscal On page 3, line 19, increase the amount by years 2006 through 2009; as follows: $10,485,000,000 in new budget authority and $11,864,000,000. $210,000,000 in outlays for fiscal year 2005, and On page 11, line 9, increase the amount by On page 3, line 20, increase the amount by $55,529,000,000 in new budget authority and $3,000,000,000. $12,629,000,000. $39,423,000,000 in outlays for the total of fis- On page 3, line 21, increase the amount by On page 11, line 10, increase the amount by cal years 2005 through 2009, for a bill, amend- $150,000,000. $13,415,000,000. ment, or conference report that would pro- On page 4, line 4, increase the amount by On page 11, line 14, increase the amount by vide increased funding for part B grants, $10,485,000,000. $450,000,000. other than section 619, under the Individuals On page 11, line 18, increase the amount by On page 4, line 5, increase the amount by with Disabilities Education Act (IDEA), with $10,136,000,000. $900,000,000. the goal that funding for these grants, when On page 11, line 22, increase the amount by On page 4, line 6, increase the amount by taken together with amounts provided by $900,000,000. $10,864,000,000. the Committee on Appropriations, provides On page 12, line 1, increase the amount by On page 4, line 7, increase the amount by 40 percent of the national average per pupil $450,000,000. $11,629,000,000. expenditure for children with disabilities. On page 23, line 5, decrease the amount by On page 4, line 8, increase the amount by $3,000,000,000. $12,415,000,000. On page 23, line 6, decrease the amount by On page 4, line 12, increase the amount by SA 2787. Mr. PRYOR (for himself, Mr. $150,000,000. $210,000,000. REED, and Mr. CORZINE) submitted an On page 23, line 10, decrease the amount by On page 4, line 13, increase the amount by amendment intended to be proposed by $450,000,000. $7,123,000,000. him to the concurrent resolution S. On page 23, line 14, decrease the amount by On page 4, line 14, increase the amount by Con. Res. 95, setting forth the congres- $900,000,000. $10,052,000,000. sional budget for the United States On page 23, line 18, decrease the amount by On page 4, line 15, increase the amount by Government for fiscal year 2005 and in- $10,653,000,000. $900,000,000. cluding the appropriate budgetary lev- On page 23, line 22, decrease the amount by On page 4, line 16, increase the amount by $450,000,000. $11,385,000,000. els for fiscal years 2006 through 2009; On page 4, line 20, decrease the amount by which was ordered to lie on the table; SA 2785. Mr. LUGAR submitted an $11,275,000,000. as follows: amendment intended to be proposed by On page 4, line 21, decrease the amount by At the end of title V, insert the following: him to the concurrent resolution S. $4,013,000,000. SEC. ll. FINDINGS AND SENSE OF THE SENATE. On page 4, line 22, decrease the amount by (a) FINDINGS.—The Senate finds that— Con. Res. 95, setting forth the congres- $1,812,000,000. sional budget for the United States (1) the United States is in the grip of per- On page 4, line 23, decrease the amount by vasively higher home energy prices; Government for fiscal year 2005 and in- $1,976,000,000. (2) high natural gas, heating oil, and pro- cluding the appropriate budgetary lev- On page 4, line 24, decrease the amount by pane prices are, in general, having an effect els for fiscal years 2006 through 2009; as $2,030,000,000. that is rippling through the United States follows: On page 5, line 3, decrease the amount by economy and are, in particular, impacting $11,275,000,000. home energy bills; At the appropriate place, insert the fol- On page 5, line 4, decrease the amount by (3) while persons in many sectors can adapt lowing: $15,288,000,000. to natural gas, heating oil, and propane price SEC. ll. SENSE OF THE SENATE CONCERNING On page 5, line 5, decrease the amount by increases, persons in some sectors simply SUMMER FOOD PILOT PROJECTS. $17,100,000,000. cannot; It is the sense of the Senate that the levels On page 5, line 6, decrease the amount by (4) elderly and disabled citizens who are in this concurrent resolution assume that in $19,076,000,000. making appropriations and revenue decisions On page 5, line 7, decrease the amount by living on fixed incomes, the working poor, in Function 600 (Income Security), the Sen- $21,106,000,000. and other low-income individuals face hard- ate supports the provision, to the Food and On page 5, line 11, decrease the amount by ships wrought by high home energy prices; Nutrition Service and other appropriate $11,275,000,000. (5) the energy burden for persons among agencies within the Department of Agri- On page 5, line 12, decrease the amount by the working poor often exceeds 20 percent of culture, of $15,000,000 for fiscal year 2005, and $15,288,000,000. those persons’ incomes under normal condi- $127,000,000 for the period of fiscal years 2005 On page 5, line 13, decrease the amount by tions; through 2009, to enable those agencies to ex- $17,100,000,000. (6) under current circumstances, home en- pand the summer food pilot projects estab- On page 5, line 14, decrease the amount by ergy prices are unnaturally high, and these lished under section 18(f) of the Richard B. $19,076,000,000. are not normal circumstances; Russell National School Lunch Act (42 U.S.C. On page 5, line 15, decrease the amount by (7) while critically important and encour- 1769(f)) to all States of the United States and $21,106,000,000. aged, State energy assistance and charitable to all service institutions (including service On page 15, line 16, increase the amount by assistance funds have been overwhelmed by institutions described in section 13(a)(7) of $10,485,000,000. the crisis caused by the high home energy that Act). On page 15, line 17, increase the amount by prices; $210,000,000. (8) the Federal Low-Income Home Energy SA 2786. Mr. DAYTON (for himself, On page 15, line 20, increase the amount by Assistance Program (referred to in this sec- Mr. AKAKA, Mr. CORZINE, Mr. DODD, Mr. $10,136,000,000. tion as ‘‘LIHEAP’’) and the companion On page 15, line 21, increase the amount by weatherization assistance program (referred KOHL, Mr. LEVIN, Mr. LIEBERMAN, Mrs. $7,123,000,000. to in this section as ‘‘WAP’’), are the Federal MURRAY, Mr. REID, Mr. DURBIN, Mr. On page 15, line 24, increase the amount by Government’s primary means to assist eligi- JOHNSON, Ms. MIKULSKI, and Ms. $10,864,000,000. ble low-income individuals in the United STABENOW) submitted an amendment On page 15, line 25, increase the amount by States to shoulder the burdens caused by intended to be proposed by him to the $10,052,000,000. their home cooling and heating needs;

VerDate jul 14 2003 00:39 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.203 S11PT2 S2732 CONGRESSIONAL RECORD — SENATE March 11, 2004 (9) in 2003, LIHEAP reached only 15 percent On page 5, line 11, decrease the amount by gates, functional totals, allocations to the of the persons in the United States who were $212,000,000. Committee on Appropriations of the Senate, eligible for assistance under the program; On page 5, line 12, decrease the amount by discretionary spending limits, and other ap- (10) since LIHEAP’s inception, its infla- $384,000,000. propriate levels and limits in this resolution tion-adjusted buying power has eroded by 58 On page 5, line 13, decrease the amount by by up to $1,430,000,000 in budget authority for percent; and $396,000,000. fiscal year 2005, and by the amount of out- (11) current Federal funding for LIHEAP is On page 5, line 14, decrease the amount by lays flowing therefrom in 2005 and subse- not sufficient to meet the cooling and heat- $400,000,000. quent years, for a bill, amendment, motion, ing needs of low-income families. On page 5, line 15, decrease the amount by or conference report that provides additional (b) SENSE OF THE SENATE.—It is the sense $400,000,000. fiscal year 2005 discretionary appropriations, On page 15, line 16, increase the amount by of the Senate that the levels in this concur- in excess of the levels provided in this reso- rent resolution assume— $400,000,000. On page 15, line 17, increase the amount by lution for firefighter assistance grant pro- (1) an authorization of $3,400,000,000 for $212,000,000. grams such as those authorized by Title each of fiscal years 2005 and 2006 to carry out On page 15, line 21, increase the amount by XVII of the FY 2001 National Defense Au- the LIHEAP program; $172,000,000. thorization Act (P.L. 106–398) and by Section (2) an authorization of $400,000,000 for fiscal On page 15, line 25, increase the amount by 1057 of the FY 2004 National Defense Author- year 2005 and $500,000,000 for fiscal year 2006 $12,000,000. ization Act (P.L. 108–136) and are adminis- to carry out the WAP program; On page 16, line 4, increase the amount by tered by the Department of Homeland Secu- (3) appropriations, for these programs, of $4,000,000. rity. sufficient additional funds to realistically On page 39, line 18, increase the amount by address the cooling and heating needs of low- $400,000,000. SA 2790. Mr. REED (for himself, Mr. income families, as well as the systemic On page 39, line 19, increase the amount by KENNEDY, Mrs. CLINTON, Mrs. MURRAY, shortfalls that have plagued the programs $212,000,000. Ms. MIKULSKI, Mr. BINGAMAN, Mr. On page 40, line 2, increase the amount by and the eligible individuals that the pro- DODD, Mr. SCHUMER, Mrs. LINCOLN, Mr. grams are designed to assist; and $172,000,000. CORZINE, Mr. PRYOR, Mr. LEVIN, Mr. (4) advance appropriations of the necessary funds to ensure the smooth operation of the SA 2789. Mr. SARBANES (for him- ROCKEFELLER, Mr. BIDEN, Mr. NELSON programs during times of peak demand. self, Mr. JEFFORDS, Mrs. BOXER, Mr. of Nebraska, Mr. KOHL, Mr. LAUTEN- HARKIN, Mr. DODD, Mr. JOHNSON, Mr. BERG, Mr. AKAKA, and Mr. SARBANES) SA 2788. Mr. DODD (for himself, Mr. BIDEN, Mr. LEVIN, Ms. MIKULSKI, Mr. submitted an amendment intended to KENNEDY, Mr. REED, Mrs. MURRAY, Mr. CORZINE, Mr. KERRY, Ms. STABENOW, be proposed by him to the concurrent CORZINE, Mrs. CLINTON, Mr. BINGAMAN, Mr. ROCKEFELLER, Mr. KENNEDY, Mr. resolution S. Con. Res. 95, setting forth Mr. JEFFORDS, Mr. LAUTENBERG, Mr. LIEBERMAN, Mr. DURBIN, and Mr. SCHU- the congressional budget for the United KERRY, and Mr. KOHL) submitted an MER) proposed an amendment to the States Government for fiscal year 2005 amendment intended to be proposed by concurrent resolution S. Con. Res. 95, and including the appropriate budg- him to the concurrent resolution S. setting forth the congressional budget etary levels for fiscal years 2006 Con. Res. 95, setting forth the congres- for the United States Government for through 2009; as follows: sional budget for the United States fiscal year 2005 and including the ap- On page 3, line 9, increase the amount by Government for fiscal year 2005 and in- propriate budgetary levels for fiscal $1,332,000,000. cluding the appropriate budgetary lev- years 2006 through 2009; as follows: On page 3, line 10, increase the amount by els for fiscal years 2006 through 2009; On page 3, line 9, increase the amount by $4,560,000,000. On page 3, line 11, increase the amount by which was ordered to lie on the table; $429,000,000. as follows: On page 3, line 10, increase the amount by $220,000,000. On page 3, line 12, increase the amount by On page 3, line 9, increase the amount by $1,430,000,000. On page 3, line 11, increase the amount by $52,000,000. $424,000,000. On page 3, line 17, increase the amount by On page 3, line 10, increase the amount by $858,000,000. On page 3, line 12, increase the amount by $1,332,000,000. $344,000,000. On page 3, line 18, increase the amount by On page 3, line 11, increase the amount by $143,000,000. On page 3, line 17, increase the amount by $4,560,000,000. $24,000,000. On page 3, line 19, increase the amount by On page 3, line 12, increase the amount by $429,000,000. On page 3, line 18, increase the amount by $220,000,000. $8,000,000. On page 3, line 20, increase the amount by On page 3, line 17, increase the amount by $1,430,000,000. On page 3, line 19, increase the amount by $52,000,000. $424,000,000. On page 4, line 20, increase the amount by On page 3, line 18, increase the amount by $858,000,000. On page 3, line 20, increase the amount by $1,332,000,000. $344,000,000. $143,000,000. On page 4, line 21, increase the amount by On page 3, line 19, increase the amount by On page 4, line 20, increase the amount by $4,560,000,000. $24,000,000. $429,000,000. On page 4, line 22, increase the amount by On page 3, line 20, increase the amount by On page 4, line 21, increase the amount by $220,000,000. $8,000,000. $1,430,000,000. On page 4, line 23, increase the amount by On page 4, line 4, increase the amount by On page 4, line 22, increase the amount by $52,000,000. $400,000,000. $858,000,000. On page 5, line 3, decrease the amount by On page 4, line 12, increase the amount by On page 4, line 23, increase the amount by $212,000,000. $1,332,000,000. $143,000,000. On page 5, line 4, decrease the amount by On page 4, line 13, increase the amount by On page 5, line 3, decrease the amount by $172,000,000. $5,892,000,000. $429,000,000. On page 5, line 5, decrease the amount by On page 4, line 14, increase the amount by On page 5, line 4, decrease the amount by $12,000,000. $6,112,000,000. $1,859,000,000. On page 5, line 6, decrease the amount by On page 4, line 15, increase the amount by On page 5, line 5, decrease the amount by $4,000,000. $6,164,000,000. $2,717,000,000. On page 5, line 7, decrease the amount by On page 4, line 20, increase the amount by On page 5, line 6, decrease the amount by $6,164,000,000. $212,000,000. $2,860,000,000. On page 5, line 11, decrease the amount by On page 4, line 21, increase the amount by On page 5, line 7, decrease the amount by $1,332,000,000. $172,000,000. $2,860,000,000. On page 4, line 22, increase the amount by On page 5, line 11, decrease the amount by On page 5, line 12, decrease the amount by $12,000,000. $429,000,000. $5,892,000,000. On page 4, line 23, increase the amount by On page 5, line 12, decrease the amount by On page 5, line 13, decrease the amount by $4,000,000. $1,859,000,000. $6,112,000,000. On page 5, line 3, decrease the amount by On page 5, line 13, decrease the amount by On page 5, line 14, decrease the amount by $212,000,000. $2,717,000,000. $6,164,000,000. On page 5, line 4, decrease the amount by On page 5, line 14, decrease the amount by On page 5, line 15, decrease the amount by $384,000,000. $2,860,000,000. $6,164,000,000. On page 5, line 5, decrease the amount by On page 5, line 15, decrease the amount by At the end of Title III, insert the following: $396,000,000. $2,860,000,000. SEC. . RESERVE FUND FOR COLLEGE AND STU- On page 5, line 6, decrease the amount by SEC. . RESERVE FUND FOR FIRE ACT AND DENT FINANCIAL AID PROGRAMS. $400,000,000. SAFER ACT PROGRAMS. The Chairman of the Committee on the On page 5, line 7, decrease the amount by The Chairman of the Committee on the Budget of the Senate shall revise the aggre- $400,000,000. Budget of the Senate shall revise the aggre- gates, functional totals, allocations to the

VerDate jul 14 2003 00:39 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.214 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2733 Committee on Appropriations of the Senate, On page 4, line 7, increase the amount by Con. Res. 95, setting forth the congres- discretionary spending limits, and other ap- $692,000,000; sional budget for the United States propriate levels and limits in this resolution On page 4, line 8, increase the amount by Government for fiscal year 2005 and in- by up to $3,082,000,000 in budget authority for $727,000,000; cluding the appropriate budgetary lev- fiscal year 2005, and by the amount of out- On page 4, line 13, increase the amount by lays flowing therefrom in 2005 and subse- $296,000,000; els for fiscal years 2006 through 2009; as quent years, for a bill, joint resolution, mo- On page 4, line 14, increase the amount by follows: tion, amendment, or conference report that $597,000,000; On page 3, line 9, increase the amount by provides additional fiscal year 2005 discre- On page 4, line 15, increase the amount by $344,000,000. tionary appropriations, in excess of levels $674,000,000; On page 3, line 10, increase the amount by provided in this resolution, for college and On page 4, line 16, increase the amount by $632,000,000. student financial aid programs in the De- $711,000,000; On page 3, line 11, increase the amount by partment of Education, including the Pell On page 4, line 21, increase the amount by $510,000,000. Grant program, campus-based assistance, $843,000,000; On page 3, line 12, increase the amount by Leveraging Educational Assistance Partner- On page 4, line 22, increase the amount by $610,000,000. On page 3, line 13, increase the amount by ship, TRIO, GEAR UP, and graduate level $542,000,000; $104,000,000. programs. On page 4, line 23, increase the amount by $465,000,000; On page 3, line 17, increase the amount by On page 4, line 24, increase the amount by $344,000,000. SA 2791. Ms. MIKULSKI (for herself, On page 3, line 18, increase the amount by $428,000,000; Mr. LEVIN, Mrs. MURRAY, Mr. SCHUMER, $632,000,000. Mr. REED, Mr. DODD, Mr. LAUTENBERG, On page 5, line 4, decrease the amount by On page 3, line 19, increase the amount by $843,000,000; $510,000,000. Mr. DURBIN, and Mr. BIDEN) submitted On page 5, line 5, decrease the amount by an amendment intended to be proposed On page 3, line 20, increase the amount by $1,385,000,000; $610,000,000. by her to the concurrent resolution S. On page 5, line 6, decrease the amount by On page 3, line 21, increase the amount by Con. Res. 95, setting forth the congres- $1,850,000,000; $104,000,000. sional budget for the United States On page 5, line 7, decrease the amount by On page 4, line 20, increase the amount by Government for fiscal year 2005 and in- $2,278,000,000; $344,000,000. cluding the appropriate budgetary lev- On page 5, line 12, decrease the amount by On page 4, line 21, increase the amount by els for fiscal years 2006 through 2009; $843,000,000; $632,000,000. On page 5, line 13, decrease the amount by On page 4, line 22, increase the amount by which was ordered to lie on the table; $1,385,000,000; $510,000,000. as follows: On page 5, line 14, decrease the amount by On page 4, line 23, increase the amount by On page 28, between lines 7 and 8, insert $1,850,000,000; $610,000,000. the following: On page 5, line 15, decrease the amount by On page 4, line 24, increase the amount by SEC. 304. RESERVE FOR FUNDING OF HOPE $2,278,000,000; $104,000,000. CREDIT. On page 10, line 17, increase the amount by On page 5, line 3, decrease the amount by If the Committee on Finance of the Senate $658,000,000; $344,000,000. reports a bill or joint resolution, or an On page 10, line 18, increase the amount by On page 5, line 4, decrease the amount by amendment thereto is offered or a con- $296,000,000; $976,000,000. ference report thereon is submitted, that in- On page 10, line 21, increase the amount by On page 5, line 5, decrease the amount by creases the Hope credit to $4,000, makes the $742,000,000; $1,486,000,000. On page 5, line 6, decrease the amount by credit available for 4 years, and makes the On page 10, line 22, increase the amount by $597,000,000; $2,096,000,000. credit fully refundable, the chairman of the On page 5, line 7, decrease the amount by On page 10, line 25, increase the amount by Committee on the Budget may revise com- $2,200,000,000. mittee allocations for the Committee on Fi- $692,000,000; On page 5, line 11, decrease the amount by On page 11, line 1, increase the amount by nance and other appropriate budgetary ag- $344,000,000. gregates and allocations of new budget au- $674,000,000; On page 5, line 12, decrease the amount by thority and outlays by the amount provided On page 11, line 4, increase the amount by $976,000,000. by that measure for that purpose, if that $727,000,000; On page 5, line 13, decrease the amount by measure includes offsets including legisla- On page 11, line 5, increase the amount by $1,486,000,000. tion reducing tax benefits on taxpayers with $711,000,000. On page 5, line 14, decrease the amount by incomes in the top tax bracket and would At the end of Section 303, insert: $2,096,000,000. not increase the deficit for fiscal year 2005 SEC.ll. RESERVE FUND FOR HYDROGEN FUEL On page 5, line 15, decrease the amount by and for the period of fiscal years 2005 though CELL RESEARCH AND DEVELOP- $2,200,000,000. 2009. MENT. SEC. . RESERVE FUND FOR COPS AND OTHER The Chairman of the Committee on the LAW ENFORCEMENT GRANT PRO- SA 2792. Mr. DORGAN submitted an Budget of the Senate shall revise the aggre- GRAMS. amendment intended to be proposed by gates, functional totals, allocations to the The Chairman of the Committee on the him to the concurrent resolution S. Committee on Appropriations of the Senate, Budget of the Senate shall revise the aggre- discretionary spending limits, and other ap- gates, functional totals, allocations to the Con. Res. 95, setting forth the congres- propriate levels and limits in this resolution Committee on Appropriations of the Senate, sional budget for the United States by up to $513,000,000 in budget authority for discretionary spending limits, and other ap- Government for fiscal year 2005 and in- fiscal year 2005, and by the amount of out- propriate levels and limits in this resolution cluding the appropriate budgetary lev- lays flowing therefrom in 2005 and subse- by up to $1,100,000,000 in budget authority for els for fiscal years 2006 through 2009; quent years, for a bill, joint resolution, mo- fiscal year 2005, and by the amount of out- which was ordered to lie on the table; tion, amendment, or conference report that lays flowing therefrom in 2005 and subse- as follows: provides additional fiscal year 2005 discre- quent years, for a bill, amendment, motion, tionary appropriations, in excess of levels or conference report that provides additional On page 3 line 10, increase the amount by provided in this resolution, for Hydrogen fiscal year 2005 discretionary appropriations, $1,139,000,000. Fuel Cell Research and Development, in- in excess of the levels provided in this reso- On page 3 line 11, increase the amount by cluded in this resolution for the Department lution for the Community Oriented Policing $1,139,000,000. On page 3 line 12, increase the amount by of Energy. Services (COPS) program, the Edward Byrne $1,139,000,000. On page 40, line 1, increase the amount by formula grant program, and the Local Law On page 3 line 13, increase the amount by $658,000,000; Enforcement Block Grant program at the $1,139,000,000. On page 40, line 2, increase the amount by Department of Justice. On page 3 line 18, increase the amount by $296,000,000. $1,139,000,000. SA 2794. Mr. THOMAS (for himself, On page 3 line 19, increase the amount by SA 2793. Mr. DORGAN (for himself, Mr. CONRAD, Mr. JOHNSON, Mr. HAGEL, $1,139,000,000. Mr. DASCHLE, Mr DURBIN, Mr. AKAKA, Mrs. MURRAY, Ms. COLLINS, Mr. FEIN- On page 3 line 20, increase the amount by Mr. LEAHY, Mrs. FEINSTEIN, Mr. SCHU- GOLD, Mrs. LINCOLN, Mr. JEFFORDS, Mr. $1,139,000,000. MER, Mr. KENNEDY, Mr. SARBANES, Mr. ROCKEFELLER, Mr. SMITH, Ms. On page 3 line 21, increase the amount by ROCKEFELLER, Mr. CORZINE, Ms. STABENOW, Mr. NELSON of Nebraska, $1,139,000,000. On page 4 line 5, increase the amount by STABENOW, Mr. HARKIN, Mrs. BOXER, Mr. BINGAMAN, and Mr. DASCHLE) sub- $658,000,000. Mr. KOHL, and Mr. DODD) submitted an mitted an amendment intended to be On page 4, line 6, increase the amount by amendment intended to be proposed by proposed by him to the concurrent res- $742,000,000; him to the concurrent resolution S. olution S. Con. Res. 95, setting forth

VerDate jul 14 2003 02:33 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.222 S11PT2 S2734 CONGRESSIONAL RECORD — SENATE March 11, 2004 the congressional budget for the United (2) as a complement to the President’s his- On page 20, line 22, decrease the amount by States Government for fiscal year 2005 toric 15-country AIDS initiative, the Fund $4,000,000. and including the appropriate budg- provides resources to fight AIDS, tuber- On page 20, line 25, decrease the amount by etary levels for fiscal years 2006 culosis, malaria, and related diseases around $4,000,000. the world; On page 21, line 1, decrease the amount by through 2009; as follows: (3) section 202 of the United States Leader- $4,000,000. On page 16, line 12, increase the amount by ship Against HIV/AIDS, Tuberculosis, and On page 21, line 4, decrease the amount by $100,000,000. Malaria Act of 2004 (22 U.S.C. 7622) authorizes $4,000,000. On page 16, line 13, increase the amount by contributions to the Fund to the extent that On page 21, line 5, decrease the amount by $100,000,000. United States contributions do not exceed 33 $4,000,000. On page 23, line 5, decrease the amount by percent of all contributions to the Fund, al- $100,000,000. lowing the United States to contribute $1 for SA 2799. Mr. HARKIN (for himself, On page 23, line 6, decrease the amount by every $2 contributed by other sources. Mrs. FEINSTEIN, Mr. DURBIN, Mr. LAU- $100,000,000. (4) during fiscal years 2001 through 2003, TENBERG, Mr. BINGAMAN, Ms. LANDRIEU, the United States provided $623,000,000 of the SA 2795. Mr. ENSIGN submitted an and Mr. LIEBERMAN) proposed an total contributions of $1,900,000,000 to the amendment to the concurrent resolu- amendment intended to be proposed by 1 Fund, which represents approximately ⁄3 of tion S. Con. Res. 95, setting forth the him to the concurrent resolution S. total contributions to the Fund; Con. Res. 95, setting forth the congres- (5) Congress has appropriated $547,000,000 to congressional budget for the United sional budget for the United States the Fund for fiscal year 2004, which has been States Government for fiscal year 2005 Government for fiscal year 2005 and in- matched by confirmed pledges of $994,000,000, and including the appropriate budg- 1 cluding the appropriate budgetary lev- and is slightly more than ⁄3 of total pledges, etary levels for fiscal years 2006 with additional pledges expected; and els for fiscal years 2006 through 2009, through 2009; as follows: (6) over the life of the Fund, Congress has On page 3, line 9, increase the amount by which was ordered to lie on the table; appropriated sufficient amounts to match as follows: $7,800,000,000. contributions from other sources to The On page 3, line 10, increase the amount by On page 45, after line 13, insert the fol- Global Fund to Fight AIDS, Tuberculosis, $7,800,000,000. lowing: and Malaria on a 1-to-2 basis. On page 3, line 11, increase the amount by SEC. ll. SENATE FIREWALL FOR DEFENSE AND (b) SENSE OF THE SENATE.—It is the sense $7,800,000,000. NONDEFENSE SPENDING. of the Senate that the levels in this concur- On page 3, line 12, increase the amount by (a) DEFINITION.—In this section, for pur- rent resolution assume that new budget au- $7,800,000,000. poses of enforcement in the Senate for fiscal thority and outlays for fiscal year 2005 with- On page 3, line 13, increase the amount by year 2005, the term ‘‘discretionary spending in the major functional category entitled $7,800,000,000. limit’’ means— ‘‘International Affairs (150)’’ provide suffi- On page 3, line 17, increase the amount by (1) for the defense category, $420,794,000,000 cient funds to continue matching contribu- $7,800,000,000. in new budget authority and $422,811,000,000 tions from other sources to The Global Fund On page 3, line 18, increase the amount by in outlays; and to Fight AIDS, Tuberculosis, and Malaria on $7,800,000,000. (2) for the nondefense category, a 1-to-2 basis. On page 3, line 19, increase the amount by $398,879,000,000 in new budget authority and $7,800,000,000. $400,883,000,000 in outlays. SA 2797. Mr. LAUTENBERG sub- On page 3, line 20, increase the amount by (b) POINT OF ORDER IN THE SENATE.— mitted an amendment intended to be $7,800,000,000. (1) IN GENERAL.—Except as provided in proposed by him to the concurrent res- On page 3, line 21, increase the amount by paragraph (2), it shall not be in order in the olution S. Con. Res. 95, setting forth $7,800,000,000. Senate to consider any bill, joint resolution, the congressional budget for the United On page 4, line 20, increase the amount by amendment, motion, or conference report States Government for fiscal year 2005 $7,800,000,000. that exceeds any discretionary spending and including the appropriate budg- On page 4, line 21, increase the amount by limit set forth in this section. etary levels for fiscal years 2006 $7,800,000,000. (2) EXCEPTION.—This subsection shall not On page 4, line 22, increase the amount by apply if a declaration of war by Congress is through 2009; as follows: $7,800,000,000. in effect. On page 25, strike lines 4 through 8. On page 4, line 23, increase the amount by (c) WAIVER AND APPEAL.—This section may $7,800,000,000. be waived or suspended in the Senate only by SA 2798. Mr. HARKIN submitted an On page 4, line 24, increase the amount by an affirmative vote of 3⁄5 of the Members, amendment intended to be proposed by $7,800,000,000. duly chosen and sworn. An affirmative vote him to the concurrent resolution S. On page 5, line 3, decrease the amount by of 3⁄5 of the Members of the Senate, duly cho- Con. Res. 95, setting forth the congres- $7,800,000,000. sen and sworn, shall be required in the Sen- sional budget for the United States On page 5, line 4, decrease the amount by ate to sustain an appeal of the ruling of the Government for fiscal year 2005 and in- $15,600,000,000. Chair on a point of order raised under this cluding the appropriate budgetary lev- On page 5, line 5, decrease the amount by section. $23,400,000,000. els for fiscal years 2006 through 2009; On page 5, line 6, decrease the amount by SA 2796. Mr. SANTORUM submitted which was ordered to lie on the table; $31,200,000,000. an amendment intended to be proposed as follows: On page 5, line 7, decrease the amount by by him to the concurrent resolution S. On page 12, line 5, increase the amount by $39,000,000,000. Con. Res. 95, setting forth the congres- $4,000,000. On page 5, line 11, decrease the amount by sional budget for the United States On page 12, line 6, increase the amount by $7,800,000,000. $4,000,000. On page 5, line 12, decrease the amount by Government for fiscal year 2005 and in- On page 12, line 9, increase the amount by $15,600,000,000. cluding the appropriate budgetary lev- $4,000,000. On page 5, line 13, decrease the amount by els for fiscal years 2006 through 2009; On page 12, line 10, increase the amount by $23,400,000,000. which was ordered to lie on the table; $4,000,000. On page 5, line 14, decrease the amount by as follows: On page 12, line 13, increase the amount by $31,200,000,000. $4,000,000. On page 5, line 15, decrease the amount by On page 54, after line 22, insert the fol- On page 12, line 14, increase the amount by lowing: $39,000,000,000. $4,000,000. At the end of Title III, insert the following: SEC. ll. SENSE OF THE SENATE REGARDING On page 12, line 17, increase the amount by SEC. . FUND FOR HEALTH. CONTRIBUTIONS TO THE GLOBAL $4,000,000. FUND TO FIGHT AIDS, TUBER- On page 12, line 18, increase the amount by If the Committee on Appropriations of the CULOSIS, AND MALARIA. $4,000,000. Senate reports legislation with a level of ap- (a) FINDINGS.—The Senate finds that— On page 12, line 21, increase the amount by propriations for function 550 discretionary (1) the United States— $4,000,000. programs without the use of this Fund that (A) helped establish The Global Fund to On page 12, line 22, increase the amount by at least appropriates the sum appropriated Fight AIDS, Tuberculosis, and Malaria (re- $4,000,000. for function 550 discretionary programs in ferred to in this section as the ‘‘Fund’’); On page 20, line 17, decrease the amount by fiscal year 2004, the Chairman of the Com- (B) provided its first donation; and $4,000,000. mittee on the Budget of the Senate may re- (C) provides leadership to the Fund under On page 20, line 18, decrease the amount by vise aggregates, function totals and increase Fund Board Chairman Tommy Thompson, $4,000,000. the allocations to the Committee on Appro- Secretary of the Department of Health and On page 20, line 21, decrease the amount by priations up to $6,000,000,000 in new budget Human Services; $4,000,000. authority and $6,000,000,000 in new budget

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.223 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2735 outlays for fiscal year 2005 and $30,500,000,000 On page 23, line 22, decrease the amount by hire an additional 100,000 highly qualified in new budget authority and $30,500,000,000 in $7,000,000. teachers, and provide after school tutoring budget outlays in fiscal years 2005 through for an additional 1,400,000 students. 2009. SA 2801. Ms. CANTWELL submitted (b) SENSE OF THE SENATE.—It is the sense an amendment intended to be proposed of the Senate that the budgetary totals in SA 2800. Ms. CANTWELL submitted by her to the concurrent resolution S. this resolution assume that no funds will be an amendment intended to be proposed Con. Res. 95, setting forth the congres- made available for new programs aimed at by her to the concurrent resolution S. sional budget for the United States transferring students into private schools until school improvement programs under Con. Res. 95, setting forth the congres- Government for fiscal year 2005 and in- sional budget for the United States part A of title I, part A of title II, part A of cluding the appropriate budgetary lev- title IV, and parts A and B of title V, of the Government for fiscal year 2005 and in- els for fiscal years 2006 through 2009; Elementary and Secondary Education Act of cluding the appropriate budgetary lev- which was ordered to lie on the table; 1965 (20 U.S.C. 6311 et seq., 6601 et seq., 7101 et els for fiscal years 2006 through 2009; as follows: seq., 7201 et seq., 7221 et seq.) (as amended by which was ordered to lie on the table; On page 15, line 16, increase the amount by the No Child Left Behind Act of 2001) are as follows: $745,000,000. funded at their authorized levels. On page 3, line 9, increase the amount by On page 15, line 17, increase the amount by $96,000,000. $96,000,000. SA 2803. Mrs. LINCOLN (for herself, On page 3, line 10, increase the amount by On page 15, line 21, increase the amount by Mr. DASCHLE, Mr. KENNEDY, Mr. DUR- $495,000,000. $495,000,000. BIN, Mr. DODD, Mr. CORZINE, Mr. BINGA- On page 3, line 11, increase the amount by On page 15, line 25, increase the amount by MAN, Mr. KERRY, Mr. LAUTENBERG, Mr. $130,000,000. $130,000,000. JOHNSON, Mr. PRYOR, Mrs. CLINTON, Mr. On page 16, line 4, increase the amount by On page 3, line 12, increase the amount by JEFFORDS, and Ms. MIKULSKI) proposed $16,000,000. $16,000,000. On page 3, line 13, increase the amount by On page 16, line 8, increase the amount by an amendment to the concurrent reso- $7,000,000. $7,000,000. lution S. Con. Res. 95, setting forth the On page 3, line 17 , increase the amount by On page 23, line 5, decrease the amount by congressional budget for the United $96,000,000. $745,000,000. States Government for fiscal year 2005 On page 3, line 18, increase the amount by On page 23, line 6, decrease the amount by and including the appropriate budg- $495,000,000. $96,000,000. etary levels for fiscal years 2006 On page 3, line 19, increase the amount by On page 23, line 10, decrease the amount by through 2009; as follows: $130,000,000. $495,000,000. On page 3, line 20, increase the amount by On page 23, line 14, decrease the amount by On page 3, line 9, increase the amount by $16,000,000. $130,000,000. $12,000,000,000. On page 3, line 21, increase the amount by On page 23, line 18, decrease the amount by On page 3, line 10, increase the amount by $7,000,000. $16,000,000. $12,000,000,000. On page 4, line 20, increase the amount by On page 23, line 22, decrease the amount by On page 3, line 11, increase the amount by $96,000,000. $7,000,000. $12,000,000,000. On page 4, line 21, increase the amount by On page 3, line 12, increase the amount by $495,000,000. SA 2802. Ms. LANDRIEU submitted $12,000,000,000. On page 4, line 22, increase the amount by an amendment intended to be proposed On page 3, line 13, increase the amount by $130,000,000. $12,000,000,000. by her to the concurrent resolution S. On page 3, line 17, increase the amount by On page 4, line 23, increase the amount by Con. Res. 95, setting forth the congres- $16,000,000. $12,000,000,000. On page 4, line 24, increase the amount by sional budget for the United States On page 3, line 18, increase the amount by $7,000,000. Government for fiscal year 2005 and in- $12,000,000,000. On page 5, line 3, decrease the amount by cluding the appropriate budgetary lev- On page 3, line 19, increase the amount by $96,000,000. els for fiscal years 2006 through 2009; $12,000,000,000. On page 5, line 4, decrease the amount by which was ordered to lie on the table; On page 3, line 20, increase the amount by $12,000,000,000. $592,000,000. as follows: On page 5, line 5, decrease the amount by On page 3, line 21, increase the amount by $722,000,000. At the end of title V, insert the following: $12,000,000,000. On page 5, line 6, decrease the amount by SEC. ll. SENSE OF THE SENATE REGARDING On page 4, line 4, increase the amount by $738,000,000. PRIORITIES FOR EDUCATION FUND- $12,000,000,000. On page 5, line 7, decrease the amount by ING. On page 4, line 5, increase the amount by $745,000,000. (a) FINDINGS.—Congress makes the fol- $12,000,000,000. On page 5, line 11, decrease the amount by lowing findings: On page 4, line 6, increase the amount by $96,000,000. (1) According to the Department of Edu- $12,000,000,000. On page 5, line 12, decrease the amount by cation, 5,000 schools have been identified for On page 4, line 7, increase the amount by $592,000,000. school improvement, making 2,500,000 chil- $12,000,000,000. On page 5, line 13, decrease the amount by dren eligible to transfer to a higher per- On page 4, line 8, increase the amount by $722,000,000. forming public school. $12,000,000,000. On page 5, line 14, decrease the amount by (2) Section 1116(b)(1)(E) of the Elementary On page 4, line 12, increase the amount by $738,000,000. and Secondary Education Act of 1965 (20 $12,000,000,000. On page 5, line 15, decrease the amount by U.S.C. 6316(b)(1)(E)) requires a school that On page 4, line 13, increase the amount by $745,000,000. has failed to make adequate yearly progress $12,000,000,000. On page 15, line 16, increase the amount by for 2 consecutive years to provide an option On page 4, line 14, increase the amount by $745,000,000. for students to transfer to a higher per- $12,000,000,000. On page 15, line 17, increase the amount by forming public school. On page 4, line 15, increase the amount by $96,000,000. (3) The overwhelming majority of parents $12,000,000,000. On page 15, line 21, increase the amount by who have tried to exercise their right to On page 16, line 12, increase the amount $495,000,000. transfer their children to a higher per- $12,000,000,000. On page 15, line 25, increase the amount by forming public school have been denied the On page 16, line 13, increase the amount by $130,000,000. transfer due to a lack of capacity at these $12,000,000,000. On page 16, line 4, increase the amount by higher performing schools. On page 16, line 16, increase the amount by $16,000,000. (4) Full funding for the Elementary and $12,000,000,000. On page 16, line 8, increase the amount by Secondary Education Act of 1965 (20 U.S.C. On page 16, line 17, increase the amount by $7,000,000. 6301 et seq.) (as amended by the No Child $12,000,000,000. On page 23, line 5, decrease the amount by Left Behind Act of 2001) will enable public On page 16, line 20, increase the amount by $745,000,000. schools to address these capacity issues and $12,000,000,000. On page 23, line 6, decrease the amount by will provide parents with meaningful school On page 16, line 21, increase the amount by $96,000,000. choice. $12,000,000,000. On page 23, line 10, decrease the amount by (5) Full funding for the Elementary and On page 16, line 24, increase the amount by $495,000,000. Secondary Education Act of 1965 (as amended $12,000,000,000. On page 23, line 14, decrease the amount by by the No Child Left Behind Act of 2001) will On page 16, line 25, increase the amount by $130,000,000. enable low performing schools to improve by $12,000,000,000. On page 23, line 18, decrease the amount by giving the schools the resources to serve an On page 17, line 3, increase the amount by $16,000,000. additional 2,000,000 disadvantaged students, $12,000,000,000.

VerDate jul 14 2003 00:39 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.230 S11PT2 S2736 CONGRESSIONAL RECORD — SENATE March 11, 2004 On page 17, line 4, increase the amount by gates, functional totals, allocations to the has, within its area of responsibility, proc- $12,000,000,000. Committee on Appropriations of the Senate, essed over 95 percent of the 52,000 claims it discretionary spending limits, and other ap- has received, and is processing these claims SA 2804. Mr. BYRD proposed an propriate levels and limits in this resolution in an average of 73 days. amendment to the concurrent resolu- by up to $11,223,000,000 in budget authority (3) As of the date of enactment of this reso- tion S. Con. Res. 95, setting forth the for fiscal year 2005, and by the amount of lution, the Department of Health and Human congressional budget for the United outlays flowing therefrom in 2005 and subse- Services has not promulgated the regula- States Government for fiscal year 2005 quent years for a bill, joint resolution, mo- tions required under section 3626 of the tion, amendment, or conference report that EEOICPA for allowing claimants to petition and including the appropriate budg- provides additional fiscal year 2005 discre- to be members of the Special Exposure Co- etary levels for fiscal years 2006 tionary appropriations, in excess of levels hort. Special Exposure Cohorts provide a through 2009; as follows: provided in fiscal year 2004, for Department presumption in favor of the claimant for ra- On page 3, line 9, increase the amount by of Education programs in the No Child Left diation related cancers if— $5,656,000,000. Behind Act (P.L. 107–110), Veterans’ medical (A) it is not feasible to estimate radiation On page 3, line 10, increase the amount by care programs, the Global HIV/AIDS Initia- dose with sufficient accuracy; and $13,365,000,000. tive, Amtrak, Federal-Aid Highways, Mass (B) there is a reasonable likelihood that On page 3, line 11, increase the amount by Transit Capital Investment Grants, the Na- the health of the class of workers may have $3,596,000,000. tional Institutes of Health, and first respond- been endangered. On page 3, line 12, increase the amount by ers (including High-Threat/High-Density (4) The Department of Energy, which is re- $1,200,000,000. Urban Area Grants, State Basic Formula sponsible for implementing subtitle D of the On page 3, line 13, increase the amount by Grants, Firefighter Assistance Grants, EEOICPA, relating to occupational illness $429,000,000. COPS, and State and Local Law Enforce- caused by exposure to toxic substances at On page 3, line 17, increase the amount by ment Assistance) and other Department of Department of Energy facilities, finalized its $5,656,000,000. Homeland Security programs. regulations on August 14, 2002. The Depart- On page 3, line 18, increase the amount by ment of Energy has processed 1 percent of $13,365,000,000. SA 2805. Mr. CHAMBLISS submitted the 22,000 claims received through the De- On page 3, line 19, increase the amount by an amendment intended to be proposed partment of Energy physicians panels since $3,596,000,000. its regulations were made final. On page 3, line 20, increase the amount by by him to the concurrent resolution S. (5) The Department of Energy has no will- $1,200,000,000. Con. Res. 95, setting forth the congres- ing payor for up to 50 percent of the claims On page 3, line 21, increase the amount by sional budget for the United States that its physicians panels determine to be $429,000,000. Government for fiscal year 2005 and in- related to exposure to a toxic substance at On page 4, line 5, increase the amount by cluding the appropriate budgetary lev- the Department of Energy. As a con- $7,361,000,000. els for fiscal years 2006 through 2009; sequence, many claimants with a positive de- On page 4, line 13, increase the amount by which was ordered to lie on the table; termination from the physicians panel will $13,365,000,000. be denied benefits. Many States, including On page 4, line 14, increase the amount by as follows: Alaska, Colorado, Iowa, Kentucky, Missouri, $3,596,000,000. At the appropriate place, insert the fol- On page 4, line 15, increase the amount by lowing: Ohio, New Mexico, Idaho, and Nevada, may not have a willing payor. $1,200,000,000. SEC. ll. INCLUSION OF ETHANOL FUEL CREDIT (b) SENSE OF THE SENATE.—It is the sense On page 4, line 16, increase the amount by IN DIRECT PAYMENTS LIMITATION. of the Senate that— $429,000,000. Section 1001(b)(1) of the Farm Security Act (1) claims for occupational illness, which On page 4, line 20, increase the amount by of 1985 (7 U.S.C. 1308(b)(1)) is amended by in- are determined to be caused by exposure to $5,656,000,000. serting ‘‘, and the value to the person of the toxic substances at Department of Energy On page 5, line 3, decrease the amount by applicable ethanol fuel credit under section facilities under subtitle D of the EEOICPA, $5,656,000,000. 4081(c) of the Internal Revenue Code (as de- should be promptly, equitably, and effi- On page 5, line 4, decrease the amount by termined by the Secretary), ’’ after ‘‘2002’’. ciently compensated; $5,656,000,000. On page 5, line 5, decrease the amount by SA 2806. Mr. GRASSLEY (for him- (2) administrative and technical changes $5,656,000,000. should be made to the EEOICPA to— self, Mr. BUNNING, Mr. DOMENICI, Mr. (A) improve claims processing and review On page 5, line 6, decrease the amount by BINGAMAN, Ms. CANTWELL, Mrs. MUR- $5,656,000,000. by physicians panels to ensure cost-effective RAY, Mr. VOINOVICH, Mrs. CLINTON, Mr. On page 5, line 7, decrease the amount by and efficient consideration and determina- $5,656,000,000. DEWINE, Ms. MURKOWSKI, Mr. REID, Mr. tion of workers’ claims; On page 5, line 11, decrease the amount by BOND, Mr. KENNEDY, Mr. TALENT, Mr. (B) provide for membership in additional $5,656,000,000. HARKIN, and Mr. ALEXANDER) sub- special exposure cohorts; and On page 5, line 12, decrease the amount by mitted an amendment intended to be (C) address eligibility issues at facilities $5,656,000,000. proposed by him to the concurrent res- with residual radiation; and On page 5, line 13, decrease the amount by (3) the President and Congress should work olution S. Con. Res. 95, setting forth together at the earliest opportunity to de- $5,656,000,000. the congressional budget for the United On page 5, line 14, decrease the amount by velop a plan that effectively resolves the $5,656,000,000. States Government for fiscal year 2005 issue of a lack of a willing payor for many On page 5, line 15, decrease the amount by and including the appropriate budg- claims that are determined under subtitle D $5,656,000,000. etary levels for fiscal years 2006 of the EEOICPA to be related to exposure to On page 23, line 9, increase the amount by through 2009; which was ordered to lie a toxic substance at Department of Energy $7,361,000,000. on the table; as follows: facilities. On page 23, line 10, increase the amount by On page 54, after line 22, insert the fol- SA 2807. Mr. LIEBERMAN (for him- $13,365,000,000. lowing: On page 23, line 14, increase the amount by self, Mr. SCHUMER, Ms. MIKULSKI, Mr. SEC. ll. SENSE OF THE SENATE REGARDING LAUTENBERG, Mr. BIDEN, Mrs. MURRAY, $3,596,000,000. COMPENSATION FOR EXPOSURE TO On page 23, line 18, increase the amount by TOXIC SUBSTANCES AT THE DE- Mr. KENNEDY, Mr. CORZINE, Mr. LEVIN, $1,200,000,000. PARTMENT OF ENERGY. Mr. KOHL, Mrs. BOXER, Mr. DODD, Mr. On page 23, line 22, increase the amount by (a) FINDINGS.—The Senate finds the fol- JOHNSON, Mr. AKAKA, Mr. DURBIN, Mr. $429,000,000. lowing: LEAHY, Mr. KERRY, and Mr. GRAHAM of On page 40, line 1, increase the amount by (1) The Energy Employees Occupational $7,361,000,000. Florida) proposed an amendment to the Illness Compensation Program Act of 2000 (42 concurrent resolution S. Con. Res. 95, On page 40, line 2, increase the amount by U.S.C. 7384 et seq.) (referred to in this sec- $13,365,000,000. tion as the ‘‘EEOICPA’’) is intended to en- setting forth the congressional budget At the end of Title III, insert the following: sure the timely payment of uniform and ade- for the United States Government for SEC. ll . RESERVE FUND FOR EDUCATION, VET- quate compensation to covered employees fiscal year 2005 and including the ap- ERANS’ MEDICAL CARE, GLOBAL suffering from occupational illnesses in- propriate budgetary levels for fiscal HIV/AIDS, AMTRAK, HIGHWAYS, MASS curred during their work for the Department TRANSIT, NATIONAL INSTITUTES OF years 2006 through 2009; as follows: HEALTH, FIRST RESPONDER of Energy. On page 3, line 9, increase the amount by GRANTS AND OTHER DEPARTMENT (2) The Department of Labor is responsible $3,664,000,000. OF HOMELAND SECURITY PRO- for implementing the provisions under sub- On page 3, line 10, increase the amount by GRAMS. title B of the EEOICPA, relating to claims $4,533,000,000. The Chairman of the Committee on the for radiation related cancers, beryllium dis- On page 3, line 11, increase the amount by Budget of the Senate shall revise the aggre- ease, and silicosis. The Department of Labor $4,089,000,000.

VerDate jul 14 2003 02:16 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.266 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2737 On page 3, line 12, increase the amount by (1) Federal child nutrition programs have On page 5, line 14, decrease the amount by $1,160,000,000. long played a critical role in providing chil- $12,000,000,000. On page 3, line 13, increase the amount by dren in the United States with quality nutri- On page 5, line 15, decrease the amount by $175,000,000. tion from birth through secondary school; $15,000,000,000. On page 3, line 17, increase the amount by (2) recognizing the value of these benefits At the end of title III, insert the following: $3,664,000,000. to children in the United States, Congress SEC. . RESERVE FUND FOR FIGHTING POVERTY. On page 3, line 18, increase the amount by has an enduring tradition of bipartisan sup- The Chairman of the Committee on the $4,533,000,000. port for these programs; Budget of the Senate shall revise the aggre- On page 3, line 19, increase the amount by (3) children in the United States are in- gates, functional totals, allocations, and $4,089,000,000. creasingly at nutritional risk due to poor di- other appropriate levels and limits in this On page 3, line 20, increase the amount by etary habits, lack of access to nutritious resolution by up to $15,000,000,000 over the $1,160,000,000. foods, and obesity and diet-related diseases total of fiscal years 2005 through 2009 for a On page 3, line 21, increase the amount by associated with poor dietary intake; bill, joint resolution, motion, amendment, or $175,000,000. (4) many children in the United States who conference report that would help working On page 4, line 20, increase the amount by would benefit from Federal child nutrition families by strengthening and protecting the $3,664,000,000. programs do not receive benefits due to fi- Earned Income Credit and to help low-in- On page 4, line 21, increase the amount by nancial or administrative barriers; and come and moderate-income families save and $4,533,000,000. (5) Federal child nutrition programs are build a better future for themselves. On page 4, line 22, increase the amount by expected to be reauthorized in the 108th Con- $4,089,000,000. gress. SA 2810. Mr. PRYOR submitted an On page 4, line 23, increase the amount by (b) SENSE OF THE SENATE.—It is the sense amendment intended to be proposed by $1,160,000,000. of the Senate that the levels in this concur- On page 4, line 24, increase the amount by him to the concurrent resolution S. rent resolution assume that in making ap- $175,000,000. Con. Res. 95, setting forth the congres- On page 5, line 3, decrease the amount by propriations and revenue decisions, the Sen- sional budget for the United States ate supports the retention in the conference $3,664,000,000. Government for fiscal year 2005 and in- On page 5, line 4, decrease the amount by report for this concurrent resolution of the additional funds provided in this concurrent cluding the appropriate budgetary lev- $8,197,000,000. els for fiscal years 2006 through 2009; On page 5, line 5, decrease the amount by resolution for the reauthorization of Federal $12,286,000,000. child nutrition programs. which was ordered to lie on the table; On page 5, line 6, decrease the amount by as follows: $13,446,000,000. SA 2809. Mr. EDWARDS (for himself At the end of title V, insert the following: On page 5, line 7, decrease the amount by and Mr. KENNEDY) submitted an SEC. ll. FINDINGS AND SENSE OF THE SENATE. $13,621,000,000. amendment intended to be proposed by (a) FINDINGS.—The Senate finds that— On page 5, line 11, decrease the amount by him to the concurrent resolution S. (1) the United States is in the grip of per- $3,664,000,000. Con. Res. 95, setting forth the congres- vasively higher home energy prices; On page 5, line 12, decrease the amount by sional budget for the United States (2) high natural gas, heating oil, and pro- $8,197,000,000. pane prices are, in general, having an effect On page 5, line 13, decrease the amount by Government for fiscal year 2005 and in- cluding the appropriate budgetary lev- that is rippling through the United States $12,286,000,000. economy and are, in particular, impacting On page 5, line 14, decrease the amount by els for fiscal years 2006 through 2009; home energy bills; $13,446,000,000. which was ordered to lie on the table; (3) while persons in many sectors can adapt On page 5, line 15, decrease the amount by as follows: to natural gas, heating oil, and propane price $13,621,000,000. On page 3, line 9, increase the amount by increases, persons in some sectors simply SEC. . RESERVE FUND FOR HOMELAND SECU- $3,000,000,000. cannot; RITY PROGRAMS. On page 3, line 10, increase the amount by (4) elderly and disabled citizens who are The Chairman of the Committee on the $3,000,000,000. living on fixed incomes, the working poor, Budget of the Senate shall revise the aggre- On page 3, line 11, increase the amount by and other low-income individuals face hard- gates, functional totals, allocations to the $3,000,000,000. ships wrought by high home energy prices; Committee on Appropriations of the Senate, On page 3, line 12, increase the amount by (5) the energy burden for persons among discretionary spending limits, and other ap- $3,000,000,000. the working poor often exceeds 20 percent of propriate levels and limits in this resolution On page 3, line 13, increase the amount by those persons’ incomes under normal condi- by up to $6,800,000,000 in budget authority for $3,000,000,000. tions; fiscal year 2005, and by amount of outlays On page 3, line 17, increase the amount by (6) under current circumstances, home en- flowing therefrom in 2005 and subsequent $3,000,000,000. ergy prices are unnaturally high, and these years, for a bill, amendment, motion, or con- On page 3, line 18, increase the amount by are not normal circumstances; ference report that provides additional fiscal $3,000,000,000. (7) while critically important and encour- year 2005 discretionary appropriations, in ex- On page 3, line 19, increase the amount by aged, State energy assistance and charitable cess of the levels provided in this resolution $3,000,000,000. assistance funds have been overwhelmed by for first responder grant programs, border se- On page 3, line 20, increase the amount by the crisis caused by the high home energy curity programs, port security grants, the $3,000,000,000. prices; Operation Safe Commerce program, the On page 3, line 21, increase the amount by (8) the Federal Low-Income Home Energy Coast Guard Deepwater program, and trans- $3,000,000,000. Assistance Program (referred to in this sec- On page 4, line 20, increase the amount by portation security programs at the Depart- tion as ‘‘LIHEAP’’) and the companion $3,000,000,000. ment of Homeland Security; the Community weatherization assistance program (referred On page 4, line 21, increase the amount by Oriented Policing Services (COPS) program, to in this section as ‘‘WAP’’), are the Federal the Edward Byrne grant program, and the $3,000,000,000. On page 4, line 22, increase the amount by Government’s primary means to assist eligi- Local Law Enforcement Block Grant pro- ble low-income individuals in the United gram at the Department of Justice; and bio- $3,000,000,000. On page 4, line 23, increase the amount by States to shoulder the burdens caused by terror—related programs at the Department their home cooling and heating needs; of Health and Human Services. $3,000,000,000. On page 4, line 24, increase the amount by (9) in 2003, LIHEAP reached only 15 percent $3,000,000,000. of the persons in the United States who were SA 2808. Mr. LEAHY submitted an eligible for assistance under the program; amendment intended to be proposed by On page 5, line 3, decrease the amount by $3,000,000,000. (10) since LIHEAP’s inception, its infla- him to the concurrent resolution S. On page 5, line 4, decrease the amount by tion-adjusted buying power has eroded by 58 Con. Res. 95, setting forth the congres- $6,000,000,000. percent; and sional budget for the United States On page 5, line 5, decrease the amount by (11) current Federal funding for LIHEAP is Government for fiscal year 2005 and in- $9,000,000,000. not sufficient to meet the cooling and heat- cluding the appropriate budgetary lev- On page 5, line 6, decrease the amount by ing needs of low-income families. els for fiscal years 2006 through 2009; $12,000,000,000. (b) SENSE OF THE SENATE.—It is the sense of the Senate that the levels in this concur- which was ordered to lie on the table; On page 5, line 7, decrease the amount by $15,000,000,000. rent resolution assume— as follows: On page 5, line 11, decrease the amount by (1) an authorization of $3,400,000,000 for At the appropriate place, insert the fol- $3,000,000,000. each of fiscal years 2005 and 2006 to carry out lowing: On page 5, line 12, decrease the amount by the LIHEAP program; SEC. ll. SENSE OF THE SENATE CONCERNING $6,000,000,000. (2) an authorization of $400,000,000 for fiscal CHILD NUTRITION FUNDING. On page 5, line 13, decrease the amount by year 2005 and $500,000,000 for fiscal year 2006 (a) FINDINGS.—The Senate finds that— $9,000,000,000. to carry out the WAP program;

VerDate jul 14 2003 01:58 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.235 S11PT2 S2738 CONGRESSIONAL RECORD — SENATE March 11, 2004 (3) appropriations, for these programs, of On page 5, line 15, decrease the amount by Internal Revenue Code of 1986 to com- sufficient additional funds to realistically $8,557,000,000. ply with the World Trade Organization address the cooling and heating needs of low- On page 10, line 13, decrease the amount by rulings on the FSC/ETI benefit in a income families; and $261,000,000. manner that preserves jobs and produc- (4) advance appropriations of the necessary On page 10, line 14, decrease the amount by funds to ensure the smooth operation of the $221,000,000. tion activities in the United States, to programs during times of peak demand. On page 10, line 17, decrease the amount by reform and simplify the international $374,000,000. taxation rules of the United States, SA 2811. Mr. SCHUMER submitted an On page 10, line 18, decrease the amount by and for other purposes; which was or- amendment intended to be proposed by $394,000,000. dered to lie on the table; as follows: On page 10, line 21, decrease the amount by him to the concurrent resolution S. At the end of the bill, add the following: Con. Res. 95, setting forth the congres- $427,000,000. On page 10, line 22, decrease the amount by TITLE V—IDENTIFICATION OF COUNTRIES sional budget for the United States $407,000,000. THAT DENY MARKET ACCESS FOR AGRI- Government for fiscal year 2005 and in- On page 10, line 25, decrease the amount by CULTURAL PRODUCTS cluding the appropriate budgetary lev- $236,000,000. SEC. 501. SHORT TITLE. els for fiscal years 2006 through 2009; On page 11, line 1, decrease the amount by This title may be cited as the ‘‘United which was ordered to lie on the table; $256,000,000. States Agricultural Products Market Access as follows: On page 11, line 4, decrease the amount by Act of 2004’’. $167,000,000. On page 3, line 9, increase the amount by SEC. 502. FINDINGS; PURPOSES. On page 11, line 5, decrease the amount by $1,418,000,000. (a) FINDINGS.—Congress makes the fol- $187,000,000. On page 3, line 10, increase the amount by lowing findings: On page 27, strike lines 15 through 25. (1) The export of agricultural products is of $1,418,000,000. On page 28, strike lines 1 through 7. On page 3, line 11, increase the amount by vital importance to the economy of the United States. $1,418,000,000. SA 2812. Mr. GRASSLEY submitted On page 3, line 12, increase the amount by (2) In 2002, agriculture was a large positive $1,419,000,000. an amendment intended to be proposed contributor to the United States merchan- On page 3, line 13, increase the amount by by him to the bill S. 1637, to amend the dise trade balance with a trade surplus of $1,419,000,000. Internal Revenue Code of 1986 to com- $12,300,000,000. On page 3, line 17, increase the amount by ply with the World Trade Organization (3) The growth of United States agricul- $1,418,000,000. rulings on the FSC/ETI benefit in a tural exports should continue to be an im- On page 3, line 18, increase the amount by manner that preserves jobs and produc- portant factor in improving the United $1,418,000,000. tion activities in the United States, to States merchandise trade balance. (4) Increasing the volume of agricultural On page 3, line 19, increase the amount by reform and simplify the international $1,418,000,000 exports will increase farm income in the On page 3, line 20, increase the amount by taxation rules of the United States, United States, thereby protecting family $1,419,000,000. and for other purposes; which was or- farms and contributing to the economic On page 3, line 21, increase the amount by dered to lie on the table; as follows: well-being of rural communities in the $1,419,000,000. At the end of the bill, add the following: United States. On page 4, line 4, decrease the amount by (5) Although the United States efficiently TITLE V—HOT-ROLLED STEEL $261,000,000. produces high-quality agricultural products, On page 4, line 5, decrease the amount by SEC. 501. IMPLEMENTATION OF HOT-ROLLED United States producers cannot realize their $374,000,000. STEEL RULING. full export potential because many foreign On page 4, line 6, decrease the amount by (a) IN GENERAL.—Section 735(c)(5) (A) and countries deny fair and equitable market ac- $427,000,000. (B) of the Tariff Act of 1930 (19 U.S.C. cess to United States agricultural products. On page 4, line 7, decrease the amount by 1673d(c)(5) (A) and (B)) are each amended by (6) The Foreign Agricultural Service esti- $236,000,000. striking ‘‘entirely’’. mates that United States agricultural ex- On page 4, line 8, decrease the amount by (b) EFFECTIVE DATE.—The amendments ports are reduced by $4,700,000,000 annually $167,000,000. made by subsection (a) shall apply to final due to unjustifiable imposition of sanitary On page 4, line 12, decrease the amount by determinations made on or after the date of and phytosanitary measures that deny or $221,000,000. enactment of this Act by the administering limit market access to United States prod- On page 4, line 13, decrease the amount by authority pursuant to section 735 of the Tar- ucts. $394,000,000. iff Act of 1930. (7) The denial of fair and equitable market On page 4, line 14, decrease the amount by access for United States agricultural prod- $407,000,000. SA 2813. Mr. GRASSLEY submitted ucts impedes the ability of United States On page 4, line 15, decrease the amount by an amendment intended to be proposed farmers to export their products, thereby $256,000,000. by him to the bill S. 1637, to amend the harming the economic interests of the On page 4, line 16, decrease the amount by Internal Revenue Code of 1986 to com- United States. $187,000,000. ply with the World Trade Organization (b) PURPOSES.—The purposes of this Act On page 4, line 20, increase the amount by rulings on the FSC/ETI benefit in a are— $1,639,000,000. manner that preserves jobs and produc- (1) to reduce or eliminate foreign unfair trade practices and to remove constraints on On page 4, line 21, increase the amount by tion activities in the United States, to $1,812,000,000. fair and open trade in agricultural products; On page 4, line 22, increase the amount by reform and simplify the international (2) to ensure fair and equitable market ac- $1,825,000,000. taxation rules of the United States, cess for exports of United States agricultural On page 4, line 23, increase the amount by and for other purposes; which was or- products; and $1,675,000,000. dered to lie on the table; as follows: (3) to promote free and fair trade in agri- On page 4, line 24, increase the amount by At the end of the bill, add the following: cultural products. $1,606,000,000. SEC. 503. IDENTIFICATION OF COUNTRIES THAT TITLE V—REPEAL OF ANTI-DUMPING On page 5, line 3, decrease the amount by DENY MARKET ACCESS. PROVISION OF REVENUE ACT OF 1916. $1,639,000,000. (a) IDENTIFICATION REQUIRED.—Chapter 8 of On page 5, line 4, decrease the amount by SEC. 501. REPEAL OF ANTIDUMPING PROVISION title I of the Trade Act of 1974 (19 U.S.C. 2241 $3,451,000,000. OF REVENUE ACT OF 1916. et seq.) is amended by adding at the end the On page 5, line 5, decrease the amount by (a) REPEAL.—Section 801 of the Act enti- following: tled ‘‘An Act to increase the revenue, and for $5,276,000,000. ‘‘SEC. 183. IDENTIFICATION OF COUNTRIES THAT On page 5, line 6, decrease the amount by other purposes’’, approved September 8, 1916 DENY MARKET ACCESS FOR AGRI- $6,951,000,000. (15 U.S.C. 72), is repealed. CULTURAL PRODUCTS. On page 5, line 7, decrease the amount by (b) EFFECT OF REPEAL.—The repeal made ‘‘(a) IN GENERAL.—Not later than the date $8,557,000,000. by subsection (a) shall not affect any action that is 30 days after the date on which the On page 5, line 11, decrease the amount by under section 801 of the Act referred to in annual report is required to be submitted to $1,639,000,000. subsection (a) that was commenced before Congressional committees under section On page 5, line 12, decrease the amount by the date of the enactment of this Act and is 181(b), the United States Trade Representa- $3,451,000,000. pending on such date. tive (in this section referred to as the ‘Trade On page 5, line 13, decrease the amount by Representative’) shall identify— $5,276,000,000. SA 2814. Mr. GRASSLEY submitted ‘‘(1) those foreign countries that— On page 5, line 14, decrease the amount by an amendment intended to be proposed ‘‘(A) deny fair and equitable market access $6,951,000,000. by him to the bill S. 1637, to amend the to United States agricultural products, or

VerDate jul 14 2003 01:58 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.238 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2739 ‘‘(B) apply sanitary or phytosanitary meas- product through the use of laws, procedures, United States under any trade agreement are ures to the importation of agricultural prod- practices, or regulations which— being denied, the Trade Representative shall ucts from the United States that are not ‘‘(1) violate provisions of international law take action to enforce such rights. based on scientific principles or sufficient or international agreements to which both (2) The Statement of Administrative Ac- scientific evidence, and the United States and the foreign country tion accompanying the Uruguay Round ‘‘(2) those foreign countries identified are parties, or Agreements Act provided that the United under paragraph (1) that are determined by ‘‘(2) constitute discriminatory nontariff States Trade Representative would base any the Trade Representative to be priority for- trade barriers. section 301 determination as to whether eign countries. ‘‘(e) PUBLICATION.—The Trade Representa- there has been a violation or denial of United ‘‘(b) SPECIAL RULES FOR IDENTIFICATIONS.— tive shall publish in the Federal Register a States rights under the Uruguay Round ‘‘(1) CRITERIA.—In identifying priority for- list of foreign countries identified under sub- Agreements on panel or Appellate Body find- eign countries under subsection (a)(2), the section (a) and shall make such revisions to ings adopted by the Dispute Settlement Trade Representative shall only identify the list as may be required by reason of the Body of the World Trade Organization. those foreign countries— action under subsection (c). (3) In a panel report adopted by the Dis- ‘‘(A) that engage in or have the most oner- ‘‘(f) ANNUAL REPORT.—The Trade Rep- resentative shall, not later than the date by pute Settlement Body on January 27, 2000, ous or egregious acts, policies, or practices the Dispute Settlement Body determined that deny fair and equitable market access which countries are identified under sub- section (a), transmit to the Committee on that section 301 of the Trade Act of 1974 is to United States agricultural products, not inconsistent with United States obliga- ‘‘(B) whose acts, policies, or practices de- Ways and Means and the Committee on Agri- culture of the House of Representatives and tions under the Uruguay Round Agreements, scribed in subparagraph (A) have the great- the Committee on Finance and the Com- particularly in light of the decision of the est adverse impact (actual or potential) on mittee on Agriculture, Nutrition, and For- United States to use section 301 only after the relevant United States products, and estry of the Senate, a report on the actions exhausting its rights under the Dispute Set- ‘‘(C) that are not— taken under this section during the 12 tlement Understanding. ‘‘(i) entering into good faith negotiations, months preceding such report, and the rea- (4) On January 28, 2000, a panel of the or sons for such actions, including a description World Trade Organization determined that ‘‘(ii) making significant progress in bilat- of progress made in achieving fair and equi- Mexico’s antidumping order on high fructose eral or multilateral negotiations, table market access for United States agri- corn syrup imported from the United States to provide fair and equitable market access cultural products.’’. violated Mexico’s commitments under the to United States agricultural products. (b) CLERICAL AMENDMENT.—The table of Uruguay Round Agreements. ‘‘(2) CONSULTATION AND CONSIDERATION RE- contents for the Trade Act of 1974 is amended (5) On February 24, 2000, the Dispute Set- QUIREMENTS.—In identifying priority foreign by inserting after the item relating to sec- tlement Body adopted the report of the countries under subsection (a)(2), the Trade tion 182 the following: panel. Representative shall— ‘‘Sec. 183. Identification of countries that (6) On April 10, 2000, the United States and ‘‘(A) consult with the Secretary of Agri- deny market access for agricul- Mexico agreed to a September 22, 2000, dead- culture and other appropriate officers of the tural products.’’. line for Mexico to come into compliance Federal Government, and (c) ADDITIONAL STAFF FOR OFFICE OF AS- with the panel report as adopted by the Dis- ‘‘(B) take into account information from SISTANT TRADE REPRESENTATIVE FOR AGRI- pute Settlement Body. such sources as may be available to the CULTURAL AFFAIRS AND OFFICE OF ASSISTANT (7) On September 20, 2000, just 2 days prior Trade Representative and such information TRADE REPRESENTATIVE FOR MONITORING AND to the date Mexico had agreed to come into as may be submitted to the Trade Represent- ENFORCEMENT.— compliance with the panel report, Mexico ative by interested persons, including infor- (1) IN GENERAL.—There is authorized to be mation contained in reports submitted under issued a revised antidumping threat deter- appropriated such sums as may be necessary mination in an obvious attempt to evade its section 181(b) and petitions submitted under for fiscal year 2005 for the salaries and ex- section 302. commitment to come into compliance with penses of 1 additional specialist employee po- the panel report adopted by the Dispute Set- ‘‘(3) FACTUAL BASIS REQUIREMENT.—The sition within the Office of the Assistant tlement Body. Trade Representative may identify a foreign United States Trade Representative for Agri- country under subsection (a)(1) only if the (8) On June 22, 2001, a panel, convened pur- cultural Affairs and 1 additional specialist suant to Article 21.5 of the Dispute Settle- Trade Representative finds that there is a employee position within the Office of the factual basis for the denial of fair and equi- ment Understanding, found that Mexico’s re- Assistant United States Trade Representa- vised antidumping threat determination table market access as a result of the viola- tive for Monitoring and Enforcement. tion of international law or agreement, or failed to bring Mexico into compliance with (2) AVAILABILITY.—Amounts appropriated its commitments under the World Trade Or- the existence of barriers, referred to in sub- pursuant to the authorization of appropria- section (d). ganization. tions under paragraph (1) are authorized to (9) On October 22, 2001, the Appellate Body ‘‘(4) CONSIDERATION OF HISTORICAL FAC- remain available until expended. TORS.—In identifying foreign countries under affirmed the ruling of the Article 21.5 panel SEC. 504. INVESTIGATIONS. paragraphs (1) and (2) of subsection (a), the and recommended that Mexico come into (a) INVESTIGATION REQUIRED.—Subpara- Trade Representative shall take into ac- compliance with its obligations under the graph (A) of section 302(b)(2) of the Trade Act count— World Trade Organization. of 1974 (19 U.S.C. 2412(b)(2)) is amended by in- (10) On November 21, 2001, the Dispute Set- ‘‘(A) the history of agricultural trade rela- serting ‘‘or 183(a)(2)’’ after ‘‘section 182(a)(2)’’ tions with the foreign country, including any tlement Body adopted the Appellate Body in the matter preceding clause (i). ruling that affirmed the findings of the Arti- previous identification under subsection (b) CONFORMING AMENDMENT.—Subpara- cle 21.5 panel. (a)(2), and graph (D) of section 302(b)(2) of such Act is (11) On January 1, 2002, in a transparent at- ‘‘(B) the history of efforts of the United amended by inserting ‘‘concerning intellec- States, and the response of the foreign coun- tual property rights that is’’ after ‘‘any in- tempt to evade the determinations of the try, to achieve fair and equitable market ac- vestigation’’. Dispute Settlement Body regarding Mexico’s cess for United States agricultural products. antidumping order on high fructose corn ‘‘(c) REVOCATIONS AND ADDITIONAL IDENTI- SA 2815. Mr. GRASSLEY submitted syrup, and in an affront to the rules-based FICATIONS.— an amendment intended to be proposed system of the World Trade Organization, ‘‘(1) AUTHORITY TO ACT AT ANY TIME.—If in- by him to the bill S. 1637, to amend the Mexico imposed a de facto discriminatory 20 percent tax on soft drinks containing high formation available to the Trade Represent- Internal Revenue Code of 1986 to com- ative indicates that such action is appro- fructose corn syrup, the intent and effect of priate, the Trade Representative may at any ply with the World Trade Organization which is to continue Mexico’s antidumping time— rulings on the FSC/ETI benefit in a order on United States high fructose corn ‘‘(A) revoke the identification of any for- manner that preserves jobs and produc- syrup by other means by restricting access eign country as a priority foreign country tion activities in the United States, to to the Mexican market. under this section, or reform and simplify the international (12) On April 20, 2002, with its discrimina- ‘‘(B) identify any foreign country as a pri- taxation rules of the United States, tory tax on soft drinks containing high fruc- ority foreign country under this section. and for other purposes; which was or- tose corn syrup now in place, and in a con- ‘‘(2) REVOCATION REPORTS.—The Trade Rep- dered to lie on the table; as follows: tinuous event with the imposition of this tax, Mexico lifted its antidumping order on resentative shall include in the semiannual At the end of the bill, add the following: report submitted to the Congress under sec- high fructose corn syrup. Importantly, Mex- tion 309(3) a detailed explanation of the rea- TITLE V—AGRICULTURAL TRADE ico lifted its antidumping order only after sons for the revocation under paragraph (1) COMPLIANCE. ensuring that imports of United States high of the identification of any foreign country SEC. 501. SHORT TITLE. fructose corn syrup would not enter the as a priority foreign country under this sec- This title may be cited as the ‘‘Mexican Mexican market due to the imposition of the tion. Agricultural Trade Compliance Act’’. tax on soft drinks. Mexico’s lifting of its ‘‘(d) DENIAL OF FAIR AND EQUITABLE MAR- SEC. 502. FINDINGS. antidumping order enabled it to make the KET ACCESS DEFINED.—For purposes of this Congress makes the following findings: disingenuous claim that it had come into section, a foreign country denies fair and eq- (1) Section 301 of the Trade Act of 1974 pro- compliance with the findings adopted by the uitable market access if the foreign country vides that, if the United States Trade Rep- Dispute Settlement Body regarding Mexico’s effectively denies access to a market for a resentative determines that the rights of the antidumping order.

VerDate jul 14 2003 01:58 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.240 S11PT2 S2740 CONGRESSIONAL RECORD — SENATE March 11, 2004 (13) The imposition of the tax on soft poses of section 304(a)(1) of the Trade Act of (i) in paragraph (1), by striking ‘‘$3,000,000’’ drinks and the lifting of the antidumping 1974 (19 U.S.C. 2414(a)(1)); and and inserting ‘‘$6,000,000’’; and order by Mexico are related aspects of a uni- (B) denies rights to which the United (ii) in paragraph (2), by striking fied effort by Mexico to deny the rights of States is entitled under existing trade agree- ‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’. the United States with respect to the trade ments with Mexico for purposes of such sec- (3) FARMERS.—Section 298(a) of the Trade of high fructose corn syrup. tion 304; and Act of 1974 (19 U.S.C. 2401g(a)) is amended by (14) The effects of the import restrictions (4) unless, a certification described in sub- striking ‘‘2007’’ and inserting ‘‘2012’’. of Mexico’s antidumping order continue with section (b) is submitted, the United States (c) FISHERMEN.—Notwithstanding any even more egregious results through the im- Trade Representative shall take appropriate other provision of law, for purposes of chap- position of a 20 percent tax on high fructose action under subsection (c). ter 2 of title II of the Trade Act of 1974 (19 corn syrup. Imports of high fructose corn (b) CERTIFICATION.—The certification de- U.S.C. 2271 et seq.) fishermen who harvest syrup from the United States dropped from scribed in this subsection means a certifi- wild stock shall be eligible for adjustment 110,893 metric tons in 2001 (the year prior to cation from the United States Trade Rep- assistance to the same extent and in the the lifting of the antidumping order) to 4,868 resentative submitted to Congress not later same manner as a group of workers under metric tons in 2002 (the first year of the tax). than 30 days after the date of enactment of such chapter 2. (15) The United States has exhausted pro- this Act that states that Mexico has elimi- SEC. 512. TRADE ADJUSTMENT ASSISTANCE FOR ceedings under the Dispute Settlement Un- nated its tax on soft drinks containing high COMMUNITIES. derstanding, and the Dispute Settlement fructose corn syrup and is taking satisfac- (a) IN GENERAL.—Chapter 4 of title II of the Body has on more than 1 occasion adopted tory measures to preserve the rights of the Trade Act of 1974 (19 U.S.C. 2371 et seq.) is findings adverse to Mexico. United States under all applicable trade amended to read as follows: agreements with respect to high fructose SEC. 503. DEFINITIONS. ‘‘CHAPTER 4—TRADE ADJUSTMENT corn syrup. ASSISTANCE FOR COMMUNITIES In this title: (c) ACTION TO BE TAKEN BY USTR.—If a (1) APPELLATE BODY.—The term ‘‘Appellate certification is not made under subsection ‘‘SEC. 271. DEFINITIONS. Body’’ means the Appellate Body established (b), the United States Trade Representative, ‘‘In this chapter: under Article 17.1 of the Dispute Settlement not later than 60 days after the date of en- ‘‘(1) AFFECTED DOMESTIC PRODUCER.—The Understanding. actment of this Act and after consultation term ‘affected domestic producer’ means any (2) DISPUTE SETTLEMENT BODY.—The term with the Committee on Finance of the Sen- manufacturer, producer, farmer, rancher, ‘‘Dispute Settlement Body’’ has the meaning ate and the Committee on Ways and Means fisherman or worker representative (includ- given that term in section 121(5) of the Uru- of the House of Representatives, shall, pursu- ing associations of such persons) that was af- guay Round Agreements Act (19 U.S.C. ant to section 301(c)(1) (A) and (B) of the fected by a finding under the Antidumping 3531(5)). Trade Act of 1974 (19 U.S.C. 2411(c)(1) (A) and Act, 1921, or by an antidumping or counter- (3) DISPUTE SETTLEMENT PANEL; PANEL.— (B))— vailing duty order issued under title VII of The terms ‘‘dispute settlement panel’’ and (1) suspend, withdraw, or prevent the appli- the Tariff Act of 1930. ‘‘panel’’ mean a panel established pursuant cation of, benefits of trade agreement con- ‘‘(2) AGRICULTURAL COMMODITY PRODUCER.— to Article 6 of the Dispute Settlement Un- cessions to carry out a trade agreement with The term ‘agricultural commodity producer’ derstanding. Mexico; or has the same meaning as the term ‘person’ (4) DISPUTE SETTLEMENT UNDERSTANDING.— (2) impose duties or other import restric- as prescribed by regulations promulgated The term ‘‘Dispute Settlement Under- tions on the goods of Mexico, including agri- under section 1001(5) of the Food Security standing’’ means the Understanding on Rules cultural products imported from Mexico, and Act of 1985 (7 U.S.C. 1308(5)). and Procedures Governing the Settlement of notwithstanding any other provision of law, ‘‘(3) COMMUNITY.—The term ‘community’ Disputes referred to in section 101(d)(16) of fees or restrictions on the services of, Mexico means a city, county, or other political sub- the Uruguay Round Agreements Act (19 for such time as the Trade Representative division of a State or a consortium of polit- U.S.C. 3511(d)(16)). determines appropriate. ical subdivisions of a State. (5) GATT 1994.—The term ‘‘GATT 1994’’ has ‘‘(4) COMMUNITY NEGATIVELY IMPACTED BY the meaning given such term in section SA 2816. Mr. GRASSLEY submitted TRADE.—A community negatively impacted 2(1)(B) of the Uruguay Round Agreements an amendment intended to be proposed by trade means a community with respect to Act (19 U.S.C. 3501(1)(B). by him to the bill S. 1637, to amend the which a determination has been made under (6) URUGUAY ROUND AGREEMENTS.—The Internal Revenue Code of 1986 to com- section 273. term ‘‘Uruguay Round Agreements’’ has the ply with the World Trade Organization ‘‘(5) ELIGIBLE COMMUNITY.—The term ‘eligi- ble community’ means a community cer- meaning given such term in section 2(7) of rulings on the FSC/ETI benefit in a the Uruguay Round Agreements Act (19 tified under section 273 for assistance under U.S.C. 3501(7). manner that preserves jobs and produc- this chapter. (7) WORLD TRADE ORGANIZATION.—The term tion activities in the United States, to ‘‘(6) FISHERMAN.— ‘‘World Trade Organization’’ means the orga- reform and simplify the international ‘‘(A) IN GENERAL.—The term ‘fisherman’ nization established pursuant to the WTO taxation rules of the United States, means any person who— Agreement. and for other purposes; which was or- ‘‘(i) is engaged in commercial fishing; or (8) WTO AGREEMENT.—The term ‘‘WTO dered to lie on the table; as follows: ‘‘(ii) is a United States fish processor. Agreement’’ means the Agreement Estab- At the end of the bill, add the following: ‘‘(B) COMMERCIAL FISHING, FISH, FISHERY, lishing The World Trade Organization en- FISHING, FISHING VESSEL, PERSON, AND UNITED TITLE V—MANUFACTURING AND WORKER tered into on April 15, 1994. STATES FISH PROCESSOR.—The terms ‘com- ASSISTANCE SEC. 504. ENFORCEMENT OF UNITED STATES mercial fishing’, ‘fish’, ‘fishery’, ‘fishing’, SEC. 501. SHORT TITLE. RIGHTS UNDER THE URUGUAY ‘fishing vessel’, ‘person’, and ‘United States ROUND AGREEMENTS AND OTHER This title may be cited as the ‘‘Enhanced fish processor’ have the same meanings as TRADE AGREEMENTS WITH RE- Domestic Manufacturing and Worker Assist- such terms have in the Magnuson-Stevens SPECT TO HIGH FRUCTOSE CORN ance Act of 2004’’. Fishery Conservation and Management Act SYRUP EXPORTED TO MEXICO. Subtitle A—Extension and Expansion of (16 U.S.C. 1802). (a) DETERMINATION.—Congress determines Trade Adjustment Assistance ‘‘(7) JOB LOSS.—The term ‘job loss’ means that— SEC. 511. EXTENSION FOR WORKERS AND FIRMS. the total or partial separation of an indi- (1) the rights of the United States under (a) IN GENERAL.—Section 285(a) and (b)(1) vidual, as those terms are defined in section the Uruguay Round Agreements are being and (2) of the Trade Act of 1974 (19 U.S.C. 2271 247. denied by Mexico in connection with the im- note prec.) are amended by striking ‘‘Sep- ‘‘(8) SECRETARY.—The term ‘Secretary’ position by Mexico of a 20 percent tax on soft tember 30, 2007’’ each place it appears and in- means the Secretary of Commerce. drinks containing high fructose corn syrup, serting ‘‘September 30, 2012’’. ‘‘SEC. 272. COMMUNITY TRADE ADJUSTMENT AS- an extension by other means of Mexico’s un- (b) AUTHORIZATION.— SISTANCE PROGRAM. justified antidumping order on high fructose (1) WORKERS.—Section 245(a) of the Trade ‘‘(a) ESTABLISHMENT.—Not later than 120 corn syrup from the United States; Act of 1974 (19 U.S.C. 2317(a)) is amended by days after the date of enactment of the En- (2) the United States has exhausted pro- striking ‘‘September 30, 2007’’ and inserting hanced Domestic Manufacturing and Worker ceedings under the Dispute Settlement Un- ‘‘September 30, 2012’’. Assistance Act of 2004, the Secretary shall derstanding; (2) FIRMS.— establish a Trade Adjustment Assistance for (3) Mexico’s imposition of a tax on high (A) IN GENERAL.—Section 256(b) of the Communities Program at the Department of fructose corn syrup, an extension by other Trade Act of 1974 (19 U.S.C. 2346(b)) is amend- Commerce. means of its unjustified antidumping order ed— ‘‘(b) PERSONNEL.—The Secretary shall des- on high fructose corn syrup from the United (i) by striking ‘‘$16,000,000’’ and inserting ignate such staff as may be necessary to States— ‘‘$32,000,000’’; and carry out the responsibilities described in (A) constitutes an act, policy, or practice (ii) by striking ‘‘2007’’ and inserting ‘‘2012’’. this chapter. by Mexico that is unjustifiable and burdens (B) EXPANSION OF LOANS.—Section 255(h) of ‘‘(c) COORDINATION OF FEDERAL RE- or restricts United States commerce for pur- such Act (19 U.S.C. 2345) is amended— SPONSE.—The Secretary shall—

VerDate jul 14 2003 01:58 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.257 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2741 ‘‘(1) provide leadership, support, and co- ‘‘(A) the number of jobs affected compared ‘‘(7) A description and justification for the ordination for a comprehensive management to the size of workforce in the community; cost and timing of proposed basic and ad- program to address economic dislocation in ‘‘(B) the severity of the rates of unemploy- vanced infrastructure improvements in the eligible communities; ment in the community and the duration of eligible community. ‘‘(2) coordinate the Federal response to an the unemployment in the community; ‘‘(8) A description of how the plan will ad- eligible community— ‘‘(C) the income levels and the extent of dress the occupational and workforce condi- ‘‘(A) by identifying all Federal, State, and underemployment in the community; tions in the eligible community. local resources that are available to assist ‘‘(D) the outmigration of population from ‘‘(9) A description of the educational pro- the eligible community in recovering from the community and the extent to which the grams available for workforce training and economic distress; outmigration is causing economic injury in future employment needs. ‘‘(B) by ensuring that all Federal agencies the community; and ‘‘(10) A description of how the plan will offering assistance to an eligible community ‘‘(E) the unique problems and needs of the adapt to changing markets and business cy- do so in a targeted, integrated manner that community. cles. ensures that an eligible community has ac- ‘‘(c) DEFINITION AND SPECIAL RULES.— ‘‘(11) A description and justification for the cess to all available Federal assistance; ‘‘(1) EVENT DESCRIBED.—An event described cost and timing of the total funds required ‘‘(C) by assuring timely consultation and in this paragraph means one of the following: by the community for economic assistance. cooperation between Federal, State, and re- ‘‘(A) A notification described in paragraph ‘‘(12) A graduation strategy through which gional officials concerning economic adjust- (2). the eligible community demonstrates that ment for an eligible community; and ‘‘(B) A certification of a firm under section the community will terminate the need for ‘‘(D) by identifying and strengthening ex- 251. Federal assistance. isting agency mechanisms designed to assist ‘‘(C) A finding under the Antidumping Act, ‘‘(c) GRANTS TO DEVELOP STRATEGIC eligible communities in their efforts to 1921, or an antidumping or countervailing PLANS.—The Secretary, upon receipt of an achieve economic adjustment and workforce duty order issued under title VII of the Tar- application from an eligible community, reemployment; iff Act of 1930. may award a grant to that community to be ‘‘(3) provide comprehensive technical as- ‘‘(D) A determination by the Secretary used to develop and implement the strategic sistance to any eligible community in the ef- that a significant number of fishermen in a plan. forts of that community to— community have been negatively impacted ‘‘(d) SUBMISSION OF PLAN.—A strategic plan ‘‘(A) identify serious economic problems in by trade. developed under subsection (a) shall be sub- the community that are the result of nega- ‘‘(2) NOTIFICATION.—The Secretary of mitted to the Secretary for evaluation and tive impacts from trade; Labor, immediately upon making a deter- approval. ‘‘(B) integrate the major groups and orga- mination that a group of workers is eligible ‘‘SEC. 275. GRANTS FOR ECONOMIC DEVELOP- nizations significantly affected by the eco- for trade adjustment assistance under sec- MENT. nomic adjustment; tion 223, (or the Secretary of Agriculture, ‘‘(a) IN GENERAL.—The Secretary, upon ap- ‘‘(C) access Federal, State, and local re- immediately upon making a determination proval of a strategic plan from an eligible sources designed to assist in economic devel- that a group of agricultural commodity pro- community, may award a grant to that com- opment and trade adjustment assistance; ducers is eligible for adjustment assistance munity to carry out any project or program ‘‘(D) diversify and strengthen the commu- under section 293, as the case may be) shall that is certified by the Secretary to be in- nity economy; and notify the Secretary of Commerce of the de- cluded in the strategic plan approved under ‘‘(E) develop a community-based strategic termination. section 274(d), or consistent with that plan. plan to address economic development and ‘‘(d) NOTIFICATION TO ELIGIBLE COMMU- ‘‘(b) ADDITIONAL GRANTS.—Subject to para- workforce dislocation, including unemploy- NITIES.—Immediately upon certification by graph (2), in order to assist eligible commu- ment among agricultural commodity pro- the Secretary of Commerce that a commu- nities to obtain funds under Federal grant ducers, and fishermen; nity is eligible for assistance under sub- programs, other than the grants provided for ‘‘(4) establish specific criteria for submis- section (b), the Secretary shall notify the in subsection (a) or section 274(c) , the Sec- sion and evaluation of a strategic plan sub- community— retary may, on the application of an eligible mitted under section 274(d); ‘‘(1) of the determination under subsection community, make a supplemental grant to ‘‘(5) establish specific criteria for submit- (b); the community if— ting and evaluating applications for grants ‘‘(2) of the provisions of this chapter; ‘‘(1) the purpose of the grant program from under section 275; and ‘‘(3) how to access the clearinghouse estab- which the grant is to be made is to provide ‘‘(6) administer the grant programs estab- lished by the Department of Commerce re- technical or other assistance for planning, lished under sections 274 and 275. garding available economic assistance; constructing, or equipping public works fa- ‘‘SEC. 273. CERTIFICATION AND NOTIFICATION. ‘‘(4) how to obtain technical assistance cilities or to provide assistance for public ‘‘(a) CERTIFICATION.—Not later than 45 days provided under section 272(c)(3); and service projects; and after an event described in subsection (c)(1), ‘‘(5) how to obtain grants, tax credits, low ‘‘(2) the grant is one for which the commu- the Secretary of Commerce shall determine income loans, and other appropriate eco- nity is eligible except for the community’s if a community described in subsection (b)(1) nomic assistance. inability to meet the non-Federal share re- is negatively impacted by trade, and if a ‘‘SEC. 274. STRATEGIC PLANS. quirements of the grant program. positive determination is made, shall certify ‘‘(a) IN GENERAL.—An eligible community ‘‘(c) RURAL COMMUNITY PREFERENCE.—The the community for assistance under this may develop a strategic plan for community Secretary shall develop guidelines to ensure chapter. economic adjustment and diversification and that rural communities receive preference in ‘‘(b) DETERMINATION THAT COMMUNITY IS shall be eligible for assistance as provided the allocation of resources. ELIGIBLE.— for under section 275. ‘‘SEC. 276. GENERAL PROVISIONS. ‘‘(1) COMMUNITY DESCRIBED.—A community ‘‘(b) REQUIREMENTS FOR STRATEGIC PLAN.— ‘‘(a) APPROPRIATIONS.—In addition to any described in this paragraph means a commu- A strategic plan shall contain, at a min- funds appropriated from the Community and nity with respect to which— imum, the following: Manufacturer Assistance Trust Fund (estab- ‘‘(A) the Secretary of Labor certifies a ‘‘(1) A description and justification of the lished by section 531 of the Enhanced Domes- group of workers (or their authorized rep- capacity for economic adjustment, including tic Manufacturing and Worker Assistance resentative) in the community as eligible for the method of financing to be used. Act of 2004), there are authorized to be ap- assistance pursuant to section 223; ‘‘(2) A description of the commitment of propriated $10,000,000 for each of fiscal years ‘‘(B) the Secretary of Commerce certifies a the community to the strategic plan over 2005 through 2012 to carry out the provisions firm located in the community as eligible for the long term and the participation and of this chapter. Such sums shall remain adjustment assistance under section 251; input of groups affected by economic disloca- available until expended. ‘‘(C) the Secretary of Agriculture certifies tion. ‘‘(b) SUPPLEMENT NOT SUPPLANT.—Funds a group of agricultural commodity producers ‘‘(3) A description of the projects to be un- authorized under this chapter shall be used (or their authorized representative) in the dertaken by the eligible community. to supplement and not supplant other Fed- community as eligible for adjustment assist- ‘‘(4) A description of how the plan and the eral, State, and local public funds expended ance under section 293; projects to be undertaken by the eligible to provide economic development assistance ‘‘(D) an affected domestic producer is lo- community will lead to job creation and job for communities. cated in the community; or retention in the community. ‘‘(c) REGULATIONS.—The Secretary shall ‘‘(E) the Secretary of Commerce deter- ‘‘(5) A description of how the plan will prescribe such regulations as are necessary mines that a significant number of fishermen achieve economic adjustment and diver- to carry out the provisions of this chapter. in the community is negatively impacted by sification. The Secretary may not implement any regu- trade. ‘‘(6) A description of how the plan and the lation or guideline proposed with respect to ‘‘(2) NEGATIVELY IMPACTED BY TRADE.—The projects will contribute to establishing or this chapter until the expiration of the date Secretary of Commerce shall determine that maintaining a level of public services nec- that is 60 days after the date the Secretary a community is negatively impacted by essary to attract and retain economic invest- submits the regulation or guideline to the trade, after taking into consideration— ment. Committee on Finance of the Senate and the

VerDate jul 14 2003 01:58 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.257 S11PT2 S2742 CONGRESSIONAL RECORD — SENATE March 11, 2004 Committee on Ways and Means of the House States a Trust Fund to be known as the in the Trust Fund shall be made available to of Representatives.’’. ‘‘Community and Manufacturer Assistance the Secretary of Commerce on a quarterly (b) CONFORMING AMENDMENTS.— Trust Fund’’ (in this section referred to as basis to carry out the Manufacturing Exten- (1) TERMINATION.—Section 285(b) of the the ‘‘Trust Fund’’), consisting of such sion Partnership Program for each of fiscal Trade Act of 1974 (19 U.S.C. 2271 note prec.) is amounts as may be transferred or credited to years 2005 through 2012 and shall remain amended by adding at the end the following the Trust Fund as provided in this section or available until expended. Such amounts new paragraph: otherwise appropriated to the Trust Fund. shall supplement and not supplant other ‘‘(3) ASSISTANCE FOR COMMUNITIES.—Tech- (c) TRANSFER.— Federal, State, and local public funds appro- nical assistance and other payments may not (1) IN GENERAL.—The Secretary of the priated to carry the Program. Treasury shall transfer to the Trust Fund be provided under chapter 4 after September Subtitle D—Small Business Office any funds remaining in the special accounts 30, 2015.’’. SEC. 541. ESTABLISHMENT OF OFFICE. (2) TABLE OF CONTENTS.—The table of con- established pursuant section 754(e) of the Tariff Act of 1930 on the day before the date (a) IN GENERAL.—Chapter 4 of title I of the tents for title II of the Trade Act of 1974 is Trade Act of 1974 (19 U.S.C. 2171) is amended amended by striking the items relating to of enactment of this Act, and shall transfer to the Trust Fund out of the general fund of by adding after section 141, the following chapter 4 of title II and inserting after the new section: items relating to chapter 3 the following new the Treasury of the United States amounts ‘‘SEC. 142. SMALL BUSINESS OFFICE. items: determined by the Secretary of the Treasury to be equivalent to the amounts received ‘‘(a) ESTABLISHMENT.—Not later than 90 ‘‘CHAPTER 4—TRADE ADJUSTMENT ASSISTANCE into such general fund on or after such date, days after the date of enactment of the En- FOR COMMUNITIES that are attributable to the duties imposed hanced Domestic Manufacturing and Worker ‘‘Sec. 271. Definitions. pursuant to antidumping duty orders and Assistance Act of 2004, there shall be estab- ‘‘Sec. 272. Community Trade Adjustment countervailing duty orders under title VII of lished in the Office of the United States Assistance Program. the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) Trade Representative an Office of Small ‘‘Sec. 273. Certification and notification. or findings under the Antidumping Act, 1921. Business. ‘‘(b) PERSONNEL.—The Office shall be head- ‘‘Sec. 274. Strategic plans. (2) QUARTERLY TRANSFERS FROM THE TREAS- ed by a Director, and shall have such staff as ‘‘Sec. 275. Grants for economic develop- URY BASED ON ESTIMATES.—The amounts ment. which are required to be transferred under may be necessary to carry out the functions ‘‘Sec. 276. General provisions.’’. paragraph (1) shall be transferred at least and responsibilities described in this section. ‘‘(c) FUNCTIONS.—The Office shall— quarterly from the general fund of the Treas- (c) JUDICIAL REVIEW.—Section 284(a) of the ‘‘(1) assist the United States Trade Rep- ury of the United States to the Trust Fund Trade Act of 1974 (19 U.S.C. 2395(a)) is amend- resentative in carrying out the Trade Rep- on the basis of estimates made by the Sec- ed by striking ‘‘section 271’’ and inserting resentative’s responsibilities under this retary of the Treasury of the amounts re- ‘‘section 273’’. chapter; and ferred to in paragraph (1) that are received Subtitle B—Reauthorization of Certain De- ‘‘(2) ensure that small business manufac- into the Treasury. Proper adjustments shall partment of Commerce Partnership Pro- turing issues are taken into consideration in be made in the amounts subsequently trans- grams carrying out those responsibilities.’’. ferred to the extent prior estimates were in (b) CONFORMING AMENDMENT.—The table of SEC. 521. MANUFACTURING EXTENSION PART- excess of, or less than, the amounts required NERSHIP PROGRAM. contents for the Trade Act of 1974 is amended to be transferred. EFINITION by inserting after the item relating to sec- (a) D .—In this Act, the term (c) MANAGEMENT OF, AND REPORT ON, TRUST tion 141, the following new item: ‘‘Manufacturing Extension Partnership Pro- FUND.— gram’’ means the program of Manufacturing (1) TRUSTEE AND REPORT.—The Secretary of ‘‘Sec. 142. Office of Small Business.’’. Extension Partnership carried out by the Na- the Treasury shall be the trustee of the Mr. LEVIN (for himself, Ms. tional Institute of Standards and Technology Trust Fund, and shall submit an annual re- SA 2817. under section 26 of the National Institute of port to the Committee on Finance of the COLLINS, and Mrs. Clinton) submitted Standards and Technology Act (15 U.S.C. Senate and the Committee on Ways and an amendment intended to be proposed 278l), as provided in part 292 of title 15, Code Means of the House of Representatives— by him to the concurrent resolution S. of Federal Regulations. (A) on the financial condition and the re- Con. Res. 95, setting forth the congres- (b) APPROPRIATIONS.—In addition to any sults of the operations of the Trust Fund sional budget for the United States funds made available to the Manufacturing during the fiscal year preceding the fiscal Government for fiscal year 2005 and in- Extension Partnership Program from the year in which such report is submitted, and Community and Manufacturer Assistance cluding the appropriate budgetary lev- (B) on the expected condition and oper- els for fiscal years 2006 through 2009; as Trust Fund, there are authorized to be ap- ations of the Trust Fund during the fiscal propriated, $40,000,000 for each of fiscal years year in which such report is submitted and follows: 2005 through 2012 to carry out the Manufac- the 5 fiscal years succeeding such fiscal year. On page 4, line 4, decrease the amount by turing Extension Partnership Program. Such (2) INVESTMENT.— $1,700,000,000. sums shall remain available until expended. On page 4, line 12, decrease the amount by (A) IN GENERAL.—The Secretary of the SEC. 522. ADVANCED TECHNOLOGY PROGRAM. Treasury shall invest such portion of the $1,700,000,000. On page 4, line 20, increase the amount by There are authorized to be appropriated for Trust Fund as is not, in the Secretary’s judg- $1,700,000,000. the National Institute of Standards and ment, required to meet current withdrawals. Technology for carrying out the Advanced On page 5, line 3, decrease the amount by Such investments may be made only in in- $1,700,000,000. Technology Program under section 28 of the terest-bearing obligations of the United On page 5, line 4, decrease the amount by National Institute of Standards and Tech- States. For such purpose, such obligations $1,700,000,000. nology Act (15 U.S.C. 278n), $200,000,000 for may be acquired— On page 5, line 5, decrease the amount by each of fiscal years 2005 through 2012. (i) on original issue at the issue price, or $1,700,000,000. Subtitle C—Creation of Community and (ii) by purchase of outstanding obligations On page 5, line 6, decrease the amount by Manufacturer Trust Fund at the market price. $1,700,000,000. SEC. 531. REPEAL OF OFFSET PROGRAM AND ES- (B) MARKET PRICE.—Any obligation ac- On page 5, line 7, decrease the amount by TABLISHMENT OF COMMUNITY AND quired by the Trust Fund may be sold by the $1,700,000,000. MANUFACTURER ASSISTANCE Secretary of the Treasury at the market On page 5, line 11, decrease the amount by TRUST FUND. price. $1,700,000,000. (a) REPEAL OF OFFSET PROGRAM.— (C) INTEREST.—The interest on, and the On page 5, line 12, decrease the amount by (1) IN GENERAL.—Section 754 of the Tariff proceeds from the sale or redemption of, any $1,700,000,000. Act of 1930 (19 U.S.C. 1675c) is repealed. obligations held in the Trust Fund shall be On page 5, line 13, decrease the amount by (2) CONFORMING AMENDMENT.—The table of credited to and form a part of the Trust $1,700,000,000. On page 5, line 14, decrease the amount by contents for title VII of the Tariff Act of 1930 Fund. $1,700,000,000. is amended by striking the item relating to (d) USE OF FUNDS.— On page 5, line 15, decrease the amount by section 754. (1) COMMUNITY ASSISTANCE.—Beginning on $1,700,000,000. (3) EFFECTIVE DATE.—The amendments the date of enactment of this Act, one-half of On page 10, line 13, decrease the amount by made by this subsection shall take effect on the amounts in the Trust Fund shall be made $1,700,000,000. the date of enactment of this Act. Any funds available to the Secretary of Commerce on a On page 10, line 14, decrease the amount by remaining in the special accounts estab- quarterly basis to carry out the provisions of $1,700,000,000. lished pursuant section 754(e) of the Tariff chapter 4 of title II of the Trade Act of 1974 SEC. . RESERVE FUND FOR HOMELAND SECU- Act of 1930 on the day before such date of en- (19 U.S.C. 2371 et seq.) for each of fiscal years RITY GRANT PROGRAM, ASSISTANCE actment shall be transferred to the Commu- 2005 through 2012 and shall remain available TO FIREFIGHTER GRANTS, AND nity and Manufacturer Assistance Trust until expended. PORT SECURITY GRANTS. Fund for use in accordance with this section. (2) MANUFACTURING EXTENSION PARTNER- The Chairman of the Committee on the (b) ESTABLISHMENT OF TRUST FUND.—There SHIP PROGRAM.—Beginning on the date of en- Budget of the Senate shall revise the aggre- is established in the Treasury of the United actment of this Act, one-half of the amounts gates, functional totals, allocations to the

VerDate jul 14 2003 02:33 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.257 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2743 Committee on Appropriations of the Senate, On page 3, line 18, increase the amount by On page 15, line 16, increase the amount by discretionary spending limits, and other ap- $64,000,000. $1,884,000,000. propriate levels and limits in this resolution On page 4, line 4, increase the amount by On page 15, line 17, increase the amount by by up to $1,545,000,000 in budget authority for $171,000,000. $452,000,000. fiscal year 2005, and by the amount of out- On page 4, line 12, increase the amount by On page 15, line 21, increase the amount by lays flowing therefrom in 2005 and subse- $139,000,000. $1,394,000,000. quent years, for a bill, amendment, motion, On page 4, line 13, increase the amount by On page 15, line 25, increase the amount by or conference report that provides additional $32,000,000. $38,000,000. fiscal year 2005 discretionary appropriations, On page 4, line 20, increase the amount by On page 23, line 5, decrease the amount by in excess of the levels provided in this reso- $139,000,000. $1,884,000,000. lution, for the programs at the Department On page 4, line 21, increase the amount by On page 23, line 6, decrease the amount by of Homeland Security. $32,000,000. $452,000,000. SEC. . STATE HOMELAND SECURITY GRANT On page 5, line 3, decrease the amount by On page 23, line 10, decrease the amount by PROGRAM. $139,000,000. $1,394,000,000. It is the sense of the Senate that, of the On page 5, line 4, decrease the amount by On page 23, line 14, decrease the amount by funds for the Department of Homeland Secu- $171,000,000. $38,000,000. rity, $800,000,000 shall be allocated for the On page 5, line 5, decrease the amount by State Homeland Security Grant program; $171,000,000. SA 2822. Ms. MURKOWSKI (for her- On page 5, line 6, decrease the amount by $250,000,000 for the Assistance to Firefighters self, Mrs. MURRAY, and Mr. CAMPBELL) Grant program; and $275,000,000 for Port Se- $171,000,000. On page 5, line 7, decrease the amount by proposed an amendment to the concur- curity Grants. It is further the sense of the rent resolution S. Con. Res. 95, setting Senate that the State Homeland Security $171,000,000. Grant Program shall be increased by On page 5, line 11, decrease the amount by forth the congressional budget for the $220,000,000 in order to provide for a more eq- $139,000,000. United States Government for fiscal uitable formula for distributing funds. On page 5, line 12, decrease the amount by year 2005 and including the appropriate $171,000,000. SEC. . STRATEGIC PETROLEUM RESERVE. budgetary levels for fiscal years 2006 On page 5, line 13, decrease the amount by It is the sense of the Senate that the in- through 2009; as follows: $171,000,000. creased funding for the Homeland Security On page 5, line 14, decrease the amount by On page 16, line 12, increase the amount by Department programs shall come from the $171,000,000. $282,000,000. cancellation of planned future deliveries of On page 5, line 15, decrease the amount by On page 16, line 13, increase the amount by oil to the Strategic Petroleum Reserve. $171,000,000. $251,000,000. On page 13, line 2, increase the amount by On page 16, line 17, increase the amount by SA 2818. Mr. BINGAMAN submitted $171,000,000. $28,000,000. an amendment intended to be proposed On page 13, line 3, increase the amount by On page 16, line 21, increase the amount by by him to the concurrent resolution S. $139,000,000. $2,000,000. Con. Res. 95, setting forth the congres- On page 13, line 7, increase the amount by On page 23, line 5, decrease the amount by sional budget for the United States $32,000,000. $282,000,000. Government for fiscal year 2005 and in- On page 39, line 18, increase the amount by On page 23, line 6, decrease the amount by $251,000,000. cluding the appropriate budgetary lev- $171,000,000. On page 39, line 19, increase the amount by On page 23, line 10, decrease the amount by els for fiscal years 2006 through 2009; $139,000,000. $28,000,000. which was ordered to lie on the table; On page 40, line 2, increase the amount by On page 23, line 14, decrease the amount by as follows: $32,000,000. $2,000,000. At the end of subtitle A of title III, add the following: SA 2820. Ms. MIKULSKI (for herself, SA 2823. Mr. INHOFE (for himself, SEC. 3ll. RESERVE FUND FOR EXPANSION OF Mr. LEVIN, Mrs. MURRAY, Mr. SCHUMER, Mr. BINGAMAN, Mr. COLEMAN, Mr. DOR- PEDIATRIC VACCINE DISTRIBUTION Mr. REED, Mr. DODD, Mr. LAUTENBERG, GAN, Ms. COLLINS, Mr. BAYH, Mr. ALEX- PROGRAM. Mr. DURBIN, and Mr. BIDEN) proposed ANDER, Mr. AKAKA, Ms. CANTWELL, and If the Committee on Finance of the Senate an amendment to the concurrent reso- Mr. JEFFORDS) proposed an amendment reports a bill or joint resolution, or an amendment thereto is offered or a con- lution S. Con. Res. 95, setting forth the to the concurrent resolution S. Con. ference report thereon is submitted, that ex- congressional budget for the United Res. 95, setting forth the congressional pands the pediatric vaccine distribution pro- States Government for fiscal year 2005 budget for the United States Govern- gram established under section 1928 of the and including the appropriate budg- ment for fiscal year 2005 and including Social Security Act (42 U.S.C. 1396s) to in- etary levels for fiscal years 2006 the appropriate budgetary levels for clude coverage for children administered a through 2009; as follows: fiscal years 2006 through 2009; as fol- vaccine at a public health clinic or Indian On page 28, between lines 7 and 8, insert lows: clinic and repeals the price cap for pre-1993 the following: On page 43, between lines 20 and 21, insert vaccines, the chairman of the Committee on the following: the Budget may revise allocations of new SEC. 304. RESERVE FOR FUNDING OF HOPE CREDIT. (c) ENERGY SAVINGS PERFORMANCE CON- budget authority and outlays, the revenue TRACT PROGRAM.—In recognition that the en- aggregates, and other appropriate aggregates If the Committee on Finance of the Senate ergy savings performance contract program to reflect such legislation, provided that reports a bill or joint resolution, or an recoups its costs through guaranteed savings such legislation would not increase the def- amendment thereto is offered or a con- without increasing budgetary outlays, the icit for fiscal year 2005 and for the period of ference report thereon is submitted, that in- Congressional Budget Office shall score the fiscal years 2005 through 2009. creases the Hope credit to $4,000, makes the credit available for 4 years, and makes the energy savings performance contract pro- SA 2819. Mr. BINGAMAN (for him- credit refundable, the chairman of the Com- gram under title VIII of the National Energy mittee on the Budget may revise committee Conservation Policy Act (42 U.S.C. 801 et self, Mr. KERRY, Mr. DASCHLE, Mr. allocations for the Committee on Finance seq.) as zero. For the purposes of any point of CORZINE, Mr. LEVIN, and Mr. CARPER) and other appropriate budgetary aggregates order under any concurrent resolution on the submitted an amendment intended to and allocations of new budget authority and budget and the Congressional Budget Act of be proposed by him to the concurrent outlays by the amount provided by that 1974, the cost of the energy savings perform- resolution S. Con. Res. 95, setting forth measure for that purpose, if it would not in- ance contract program under title VIII of the the congressional budget for the United crease the deficit for fiscal year 2005 or for National Energy Conservation Policy Act (42 States Government for fiscal year 2005 the total of fiscal years 2005 though 2009. U.S.C. 801 et seq.) shall be zero. and including the appropriate budg- Mr. COLEMAN (for himself Mr. INHOFE (for himself etary levels for fiscal years 2006 SA 2821. SA 2824. and Ms. COLLINS) proposed an amend- and Mr. BINGAMAN) submitted an through 2009; which was ordered to lie ment to the concurrent resolution S. amendment intended to be proposed by on the table; as follows: Con. Res. 95, setting forth the congres- him to the concurrent resolution S. On page 3, line 9, increase the amount by sional budget for the United States Con. Res. 95, setting forth the congres- $278,000,000. On page 3, line 10, increase the amount by Government for fiscal year 2005 and in- sional budget for the United States $64,000,000. cluding the appropriate budgetary lev- Government for fiscal year 2005 and in- On page 3, line 17, increase the amount by els for fiscal years 2006 through 2009; as cluding the appropriate budgetary lev- $278,000,000. follows: els for fiscal years 2006 through 2009;

VerDate jul 14 2003 02:33 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.241 S11PT2 S2744 CONGRESSIONAL RECORD — SENATE March 11, 2004 which was ordered to lie on the table; On page 5, line 13, decrease the amount by (1) the restoration of the 33 accounts of the as follows: $9,135,000,000. Cooperative State Research, Education, and On page 5, line 14, decrease the amount by Extension Service; On page 43, between lines 20 and 21, insert $9,581,000,000. (2) the fiscal year 2005 funding of the Na- the following: On page 5, line 15, decrease the amount by tional Research Initiative; and (c) ENERGY SAVINGS PERFORMANCE CON- $10,051,000,000. (3) the fiscal year 2005 funding of competi- TRACT PROGRAM.—In recognition that the en- tive research programs of the Cooperative ergy savings performance contract program On page 22, line 9, decrease the amount by $147,000,000. State Research, Education, and Extension recoups its costs through guaranteed savings Service in an amount that is adequate to— without increasing budgetary outlays, the On page 22, line 10, decrease the amount by $147,000,000. (A) fight obesity and stave off chronic dis- Congressional Budget Office shall score the eases; On page 22, line 10, decrease the amount by energy savings performance contract pro- (B) combat insects and animal and plant $147,000,000. gram under title VIII of the National Energy diseases; On page 22, line 13, decrease the amount by Conservation Policy Act (42 U.S.C. 801 et (C) establish new crops, improved live- $343,000,000. seq.) as zero. For the purposes of any point of stock, and economic opportunities for pro- order under any concurrent resolution on the On page 22, line 14, decrease the amount by ducers; and budget and the Congressional Budget Act of $343,000,000. (D) keep pathogens and other dangers out 1974, the cost of the energy savings perform- On page 22, line 17, decrease the amount by of the air, water, soil, plants, and animals. ance contract program under title VIII of the $408,000,000. National Energy Conservation Policy Act (42 On page 22, line 18, decrease the amount by Mr. GRASSLEY submitted U.S.C. 801 et seq.) shall be zero. $408,000,000. SA 2827. On page 22, line 21, decrease the amount by an amendment intended to be proposed SA 2825. Mr. ENSIGN submitted an $446,000,000. by him to the concurrent resolution S. amendment intended to be proposed by On page 22, line 22, decrease the amount by Con. Res. 95, setting forth the congres- him to the concurrent resolution S. $446,000,000. sional budget for the United States Con. Res. 95, setting forth the congres- On page 22, line 25, decrease the amount by Government for fiscal year 2005 and in- sional budget for the United States $470,000,000. cluding the appropriate budgetary lev- Government for fiscal year 2005 and in- On page 23, line 1, decrease the amount by els for fiscal years 2006 through 2009; cluding the appropriate budgetary lev- $470,000,000. which was ordered to lie on the table; els for fiscal years 2006 through 2009; as follows: which was ordered to lie on the table; SA 2826. Mr. GRASSLEY (for him- At the appropriate place, insert the fol- as follows: self, Mr. LUGAR, Mr. FEINGOLD, and Mr. lowing: SCHUMER) submitted an amendment in- On page 23, line 5, decrease the amount by ‘‘SEC. . SENSE OF THE SENATE REGARDING $8,196,000,000. tended to be proposed by him to the MEDICARE REWARDING EFFICIENCY concurrent resolution S. Con. Res. 95, AND QUALITY IN MEDICARE. On page 23, line 6, decrease the amount by $8,236,000,000. setting forth the congressional budget (a) FINDINGS.—The Senate finds that— On page 39, line 18, decrease the amount by for the United States Government for (1) Regional differences in Medicare spend- $8,196,000,000. fiscal year 2005 and including the ap- ing exist across the country, and that Medi- On page 39, line 19, decrease the amount by propriate budgetary levels for fiscal care enrollees in higher-spending regions re- $8,236,000,000. years 2006 through 2009; which was or- ceive more health care than those in lower- spending regions but do not have better On page 4, line 4, decrease the amount by dered to lie on the table; as follows: health outcomes or satisfaction with care; $8,343,000,000. At the end of title V, add the following: On page 4, line 5, decrease the amount by (2) Although Medicare as a health care $343,000,000. SEC. 5ll. SENSE OF THE SENATE SUPPORTING payment system is working to improve qual- FUNDING RESTORATION FOR AGRI- ity, current reimbursements are largely neu- On page 4, line 6, decrease the amount by CULTURE RESEARCH AND EXTEN- tral or negative toward quality; $408,000,000. SION. On page 4, line 7, decrease the amount by (3) Medicare as a payment system does not (a) FINDINGS.—Congress finds that— recognize health care professional who pro- $446,000,000. (1) funding for 33 programs administered by On page 4, line 8, decrease the amount by vide high-quality care at low costs through the Cooperative State Research, Education, differential reimbursements; $470,000,000. and Extension Service of the Department of (4) The Centers for Medicare and Medicaid On page 4, line 12, decrease the amount by Agriculture were each reduced by 10 percent Services, the Medicare Payment Advisory $8,383,000,000. in the Agriculture, Rural Development, Food Commission, and Congress have affirmed re- On page 4, line 13, decrease the amount by and Drug Administration, and Related Agen- cently their commitment to using financial $343,000,000. cies Appropriations Act, 2004 (118 Stat. 9); incentives to improve quality in the Medi- On page 4, line 14, decrease the amount by (2) those cuts are already hurting a wide care program; $408,000,000. range of proven programs that help people, (5) The Centers for Medicare and Medicaid On page 4, line 15, decrease the amount by communities, and businesses; Services has demonstrations underway for $446,000,000. (3) the cuts have put at risk important ad- dialysis patients, physician group practices, On page 4, line 16, decrease the amount by vances made in all 50 States and United and hospitals to test pay-for-performance $470,000,000. States territories, including— strategies; On page 4, line 20, decrease the amount by (A) combating obesity through programs (6) The Medicare Payment Advisory Com- $8,383,000,000. such as the Expanded Food and Nutrition mission, the independent federal body that On page 4, line 21, decrease the amount by Education Program; advises Congress on issues affecting the $343,000,000. (B) expanding environmentally-minded pest management programs; Medicare program, recently concluded in its On page 4, line 22, decrease the amount by June 2003 report that Medicare should take a $408,000,000. (C) ensuring food safety; and (D) educating farmers and ranchers about lead role in adopting pay-for-performance On page 4, line 23, decrease the amount by new sustainable agricultural practices; strategies; $446,000,000. (4) the National Research Initiative is the (7) First the first time in the history, Con- On page 4, line 24, decrease the amount by flagship competitive grants program funded gress passed legislation, now law, that pro- $470,000,000. through the Cooperative State Research, vides financial incentive to Medicare partici- On page 5, line 3, decrease the amount by Education, and Extension Service; pating hospitals that publicly report infor- $8,383,000,000. (5) because of limited funding the Service mation on ten measures of high-quality On page 5, line 4, decrease the amount by is able to fund only a small fraction of the health care; $8,727,000,000. meritorious research proposals that the (8) The Medicare Prescription Drug, Im- On page 5, line 5, decrease the amount by Service receives under the National Re- provement, and Modernization Act of 2003 re- $9,135,000,000. search Initiative program; and quires that for fiscal years 2005 through 2007 On page 5, line 6, decrease the amount by (6) base funding at the Service that sup- hospitals will receive a full market basket $9,581,000,000. ports the research infrastructure has fallen inflationary payment update only if they On page 5, line 7, decrease the amount by steadily over the past decade. submit data reflecting ten hospital quality $10,051,000,000. (b) SENSE OF THE SENATE.—It is the sense indicators the Secretary has established as On page 5, line 11, decrease the amount by of the Senate that levels in this concurrent of November 1, 2003. Hospitals that do not $8,383,000,000. resolution assume that in making appropria- submit performance data on these ten hos- On page 5, line 12, decrease the amount by tions and revenue decisions, the Senate sup- pital quality measures will receive 0.4 per- $8,727,000,000. ports— cent smaller Medicare payments in fiscal

VerDate jul 14 2003 02:33 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.246 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2745 year 2005 than hospitals that do report qual- (4) the ability to collect information in a trolled College or University Assistance Act, ity data; timely manner is critical to an effective re- or ‘‘Tribal College Act’’ provides funding (9) The Medicare Prescription Drug, Im- sponse to an imminent threat to animal based solely on Indian students, the colleges provement, and Modernization Act of 2003 health or food safety. have open enrollment policies providing ac- also provides for a five-year demonstration (b) SENSE OF THE SENATE.—It is the sense cess to postsecondary education opportuni- program that examines health delivery fac- of the Senate that the levels in this concur- ties to all interested students, about 20 per- tors which encourage the delivery of im- rent resolution assume that in making ap- cent of whom are non-Indian. With rare ex- proved patient care quality including incen- propriations and revenue decisions, the Sen- ception, tribal colleges and universities do tives to improve safety, quality, and effi- ate supports— not receive operating funds from the States ciency; (1) the development and implementation of for these non-Indian State resident students. (b) SENSE OF THE SENATE.—It is the sense a national animal identification program Yet, if these same students attended any of the Senate that changes need to be made recognizing the need for resources to carry other public institutions in their States, the to the Medicare payment system that recog- out the implementation of the plan; State would provide basic operating funds to nize clinically effective, patient-centered (2) the provision by the Secretary of Agri- the institution. and efficient care. culture of a time-line for the development (3) While Congress has been increasing an- and implementation of the program as soon nual appropriations for tribal colleges in re- SA 2828. Mr. GRASSLEY submitted as practicable after the date of approval of cent years, the President’s fiscal year 2005 an amendment intended to be proposed this concurrent resolution; budget recommends a $5,500,000 decrease in by him to the concurrent resolution S. (3) the provision by the Secretary of Agri- institutional operating funds. This rep- Con. Res. 95, setting forth the congres- culture to ensure the Animal and Plant resents the third consecutive year that the sional budget for the United States Health Inspection Service, State animal President’s budget proposed decreases that Government for fiscal year 2005 and in- health agencies, and agricultural producers Congress must restore. are provided funds necessary to implement a (4) Because of congressional budget res- cluding the appropriate budgetary lev- national animal identification program; and torations, the tribal colleges funded through els for fiscal years 2006 through 2009; (4) the establishment of a program that is titles I and II of the Tribally Controlled Col- which was ordered to lie on the table; not overly burdensome to agricultural pro- lege or University Assistance Act are within as follows: ducers and ensures the privacy of informa- $19,000,000 of full funding at their authorized At the appropriate place, insert the fol- tion of agricultural producers. level. lowing: (b) SENSE OF THE SENATE.—It is the sense ‘‘SEC. . RESERVE FUND FOR REWARDING EFFI- SA 2830. Mr. ENZI (for himself and of the Senate that— CIENCY AND QUALITY IN MEDICARE. Ms. CANTWELL) submitted an amend- (1) this resolution recognizes the funding ‘‘A Deficit-neutral reserve fund for Medi- ment intended to be proposed by him challenges faced by tribal colleges and uni- care. The Chairman of the Senate Budget to the concurrent resolution S. Con. versities and assumes that priority consider- Committee may revise the aggregates, func- Res. 95, setting forth the congressional ation will be provided to them through fund- tional totals, allocations, and other appro- ing of the Tribally Controlled College or Uni- budget for the United States Govern- versity Assistance Act, the Equity in Edu- priate levels and limits in this resolution by ment for fiscal year 2005 and including up to $3,000,000,000 in budget authority and cational Land Grant Status Act, title III of $3,000,000,000 in outlays for fiscal years 2005– the appropriate budgetary levels for the Higher Education Act, and the National 2009 for a bill, amendment, or conference re- fiscal years 2006 through 2009; which Science Foundation Tribal College Program; port that would provide financial incentives was ordered to lie on the table; as fol- and within the Medicare program to improve lows: (2) such priority consideration reflects the quality and efficiency in delivering Medicare On page 15, line 16, increase the amount by intent of Congress to continue to work to- services so long as such legislation would not $250,000,000. ward statutory Federal funding authoriza- increase net Medicare spending in fiscal year On page 15, line 17, increase the amount by tion goals for tribal colleges and univer- 2005 or over the total of fiscal years 2005–2009. $32,000,000. sities. The adjustment may be made only if the On page 15, line 21, increase the amount by Committee on Finance reports a bill that $166,000,000. SA 2832. Mr. ENZI (for himself and provides financial incentives for health care On page 15, line 25, increase the amount by Ms. CANTWELL) proposed an amend- providers who improve efficiency and quality $44,000,000. ment to the concurrent resolution S. provided that any such measures do not re- On page 16, line 4, increase the amount by Con. Res. 95, setting forth the congres- sult in cuts in benefits or services or reduc- $5,000,000. sional budget for the United States tions in provider payments. On page 23, line 5, decrease the amount by Government for fiscal year 2005 and in- $250,000,000. cluding the appropriate budgetary lev- SA 2829. Mr. HAGEL (for himself, Mr. On page 23, line 6, decrease the amount by els for fiscal years 2006 through 2009; as CRAIG, Mr. CRAPO, Ms. STABENOW, Mr. $32,000,000. follows: TALENT, Mr. BINGAMAN, Mr. BOND, Mr. On page 23, line 10, decrease the amount by FITZGERALD, Mrs. MURRAY, Mr. NELSON $166,000,000. On page 15, line 16, increase the amount by On page 23, line 14, decrease the amount by $250,000,000. of Nebraska, Mr. GRASSLEY, Mr. DUR- $44,000,000. On page 15, line 17, increase the amount by BIN, Mr. BURNS, Mr. SMITH, Mr. BAUCUS, On page 23, line 18, decrease the amount by $32,000,000. Mr. CAMPBELL, and Ms. CANTWELL) sub- $5,000,000. On page 15, line 21, increase the amount by mitted an amendment intended to be $166,000,000. proposed by him to the concurrent res- SA 2831. Mr. CONRAD proposed an On page 15, line 25, increase the amount by olution S. Con. Res. 95, setting forth amendment to the concurrent resolu- $44,000,000. the congressional budget for the United tion S. Con. Res. 95, setting forth the On page 16, line 4, increase the amount by States Government for fiscal year 2005 congressional budget for the United $5,000,000. and including the appropriate budg- States Government for fiscal year 2005 On page 23, line 5, decrease the amount by $250,000,000. etary levels for fiscal years 2006 and including the appropriate budg- On page 23, line 6, decrease the amount by through 2009; which was ordered to lie etary levels for fiscal years 2006 $32,000,000. on the table; as follows: through 2009; as follows: On page 23, line 10, decrease the amount by At the appropriate place, insert the fol- At the end of the resolution, insert the fol- $166,000,000. lowing: lowing: On page 23, line 14, decrease the amount by SEC. ll. SENSE OF THE SENATE CONCERNING A SEC. ll. SENSE OF THE SENATE REGARDING $44,000,000. NATIONAL ANIMAL IDENTIFICATION TRIBAL COLLEGES AND UNIVER- On page 23, line 18, decrease the amount by PROGRAM. SITIES. $5,000,000. (a) FINDINGS.—The Senate finds that— (a) FINDINGS.—The Senate finds the fol- (1) animal identification is important for lowing: SA 2833. Mr. NICKLES (for Mr. operational management, herd health, and (1) American Indians from 250 federally BINGAMAN) proposed an amendment to increased trade opportunities; recognized tribes nationwide attend tribal the concurrent resolution S. Con. Res. (2) animal identification is a critical com- colleges and universities, a majority of 95, setting forth the congressional ponent of the animal health infrastructure of whom are first-generation college students. budget for the United States Govern- the United States; (2) Tribal colleges and universities are lo- (3) it is vital to the well-being of all people cated in some of the most isolated and im- ment for fiscal year 2005 and including in the United States to protect animal agri- poverished areas in the Nation, yet they are the appropriate budgetary levels for culture in the United States by safeguarding the Nation’s most poorly funded institutions fiscal years 2006 through 2009; as fol- animal health; of higher education. While the Tribally Con- lows:

VerDate jul 14 2003 01:58 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.252 S11PT2 S2746 CONGRESSIONAL RECORD — SENATE March 11, 2004 At the end of subtitle A of title III, add the On page 3, line 10, increase the amount by which was ordered to lie on the table; following: $378,000,000. as follows: SEC. 3ll. RESERVE FUND FOR EXPANSION OF On page 3, line 11, increase the amount by At the end of title V, insert the following: PEDIATRIC VACCINE DISTRIBUTION $95,000,000. SEC. ll. SENSE OF THE SENATE ON IRAQ FOOD PROGRAM. On page 3, line 12, increase the amount by PURCHASES. If the Committee on Finance of the Senate $47,000,000. (a) FINDINGS.—The Senate makes the fol- reports a bill or joint resolution, or an On page 3, line 13, increase the amount by lowing findings: amendment thereto is offered or a con- $9,000,000. (1) The United States and its coalition ference report thereon is submitted, that ex- On page 3, line 17, increase the amount by partners liberated the people of Iraq from pands the pediatric vaccine distribution pro- $407,000,000. the oppressive regime of Saddam Hussein. gram established under section 1928 of the On page 3, line 18, increase the amount by (2) The United States and its coalition Social Security Act (42 U.S.C. 1396s) to in- $378,000,000. partners continue to provide the resources On page 3, line 19, increase the amount by clude coverage for children administered a for the reconstruction and development of $95,000,000. vaccine at a public health clinic or Indian Iraq. On page 3, line 20, increase the amount by clinic and repeals the price cap for pre-1993 (3) The people of Iraq have long relied on $47,000,000. vaccines, the chairman of the Committee on the United Nations Oil for Food Programme On page 3, line 21, increase the amount by the Budget may revise allocations of new for their annual food supplies. $9,000,000. budget authority and outlays, the revenue (4) The United Nations Oil for Food Pro- On page 4, line 4, increase the amount by aggregates, and other appropriate aggregates gramme is now terminated, and the Iraq Co- $473,000,000. to reflect such legislation, provided that alition Provisional Authority is purchasing On page 4, line 12, increase the amount by such legislation would not increase the def- buffer stocks to help transition Iraq to a $203,000,000. icit for fiscal year 2005 and for the period of commercial market. fiscal years 2005 through 2009. On page 4, line 13, increase the amount by $189,000,000. (5) We welcome additional U.N. and inter- national support for the Iraq reconstruction SA 2834. Mr. ROCKEFELLER sub- On page 4, line 14, increase the amount by $47,000,000. effort, however, until countries provide phys- mitted an amendment intended to be ical or financial resources we feel that food proposed by him to the concurrent res- On page 4, line 15, increase the amount by $24,000,000. and rebuilding contract should be consistent olution S. Con. Res. 95, setting forth On page 4, line 16, increase the amount by and limited to coalition member. the congressional budget for the United $5,000,000. (6) Additional tenders for rice and other States Government for fiscal year 2005 On page 4, line 20, increase the amount by commodities are imminent as buffer stocks and including the appropriate budg- $203,000,000. are being created. On page 4, line 21, increase the amount by (b) SENSE OF THE SENATE.—It is the sense etary levels for fiscal years 2006 of the Senate that the budgetary totals in $189,000,000. through 2009; which was ordered to lie this resolution assume that only countries On page 4, line 22, increase the amount by on the table; as follows: that have contributed resources to liberate $47,000,000. the people of Iraq and assisted in Iraq recon- On page 3, line 9, increase the amount by On page 4, line 23, increase the amount by struction efforts should be eligible to com- $179,000,000. $24,000,000. pete for food tenders for the people of Iraq. On page 3, line 10, increase the amount by On page 4, line 24, increase the amount by $45,000,000. $5,000,000. SA 2837. Mr. NICKLES (for Mrs. LIN- On page 3, line 17, increase the amount by On page 5, line 3, decrease the amount by COLN (for herself, Mr. BAUCUS, MS. $179,000,000. $203,000,000. On page 3, line 18, increase the amount by On page 5, line 4, decrease the amount by SNOWE, Mr. BREAUX, Mr. ROCKEFELLER, $45,000,000. $393,000,000. and Ms. COLLINS)) submitted an amend- On page 4, line 4, increase the amount by On page 5, line 5, decrease the amount by ment intended to be proposed by Mr. $112,000,000. $440,000,000. NICKLES to the concurrent resolution On page 4, line 12, increase the amount by On page 5, line 6, decrease the amount by S. Con. Res. 95, setting forth the con- $90,000,000. $464,000,000. gressional budget for the United States On page 4, line 13, increase the amount by On page 5, line 7, decrease the amount by $22,000,000. Government for fiscal year 2005 and in- $468,000,000. cluding the appropriate budgetary lev- On page 4, line 20, increase the amount by On page 5, line 11, decrease the amount by $90,000,000. $203,000,000. els for fiscal years 2006 through 2009; as On page 4, line 21, increase the amount by On page 5, line 12, decrease the amount by follows: $22,000,000. $393,000,000. On page 25, line 3, after ‘‘2009’’, insert ‘‘, On page 5, line 3, decrease the amount by On page 5, line 13, decrease the amount by and to increase outlays by not more than $90,000,000 $440,000,000. $2,000,000,000 for the period of fiscal years On page 5, line 4, decrease the amount by On page 5, line 14, decrease the amount by 2005 through 2009’’. $112,000,000. $464,000,000. On page 5, line 11, decrease the amount by On page 5, line 15, decrease the amount by SA 2838. Mr. NICKLES (for Mr. $90,000,000. $468,000,000. GRASSLEY (for himself, Mr. LUGAR, Mr. On page 5, line 12, decrease the amount by On page 13, line 23, increase the amount by $112,000,000. FEINGOLD, and Mr. SCHUMER) proposed $473,000,000. On page 13, line 23, increase the amount by an amendment to the concurrent reso- On page 13, line 24, increase the amount by $112,000,000. lution S. Con. Res. 95, setting forth the $203,000,000. On page 13, line 24, increase the amount by congressional budget for the United On page 14, line 3, increase the amount by $90,000,000. $189,000,000. States Government for fiscal year 2005 On page 14, line 3, increase the amount by On page 14, line 7, increase the amount by and including the appropriate budg- $22,000,000. $47,000,000. etary levels for fiscal years 2006 On page 39, line 18, increase the amount by On page 14, line 11, increase the amount by through 2009; as follows: $112,000,000. $24,000,000. On page 39, line 19, increase the amount by At the end of title V, add the following: On page 14, line 15, increase the amount by $90,000,000. SEC. 5ll. SENSE OF THE SENATE SUPPORTING $5,000,000. On page 40, line 2, increase the amount by FUNDING RESTORATION FOR AGRI- On page 39, line 18, increase the amount by CULTURE RESEARCH AND EXTEN- $22,000,000. $473,000,000. SION. (a) FINDINGS.—Congress finds that— Mr. ROCKEFELLER sub- On page 39, line 19, increase the amount by SA 2835. $203,000,000. (1) funding for 33 programs administered by mitted an amendment intended to be On page 40, line 2, increase the amount by the Cooperative State Research, Education, proposed by him to the concurrent res- $189,000,000. and Extension Service of the Department of olution S. Con. Res. 95, setting forth Agriculture were each reduced by 10 percent the congressional budget for the United SA 2836. Mrs. LINCOLN submitted an in the Agriculture, Rural Development, Food States Government for fiscal year 2005 amendment intended to be proposed by and Drug Administration, and Related Agen- and including the appropriate budg- her to the concurrent resolution S. cies Appropriations Act, 2004 (118 Stat. 9); etary levels for fiscal years 2006 Con. Res. 95, setting forth the congres- (2) those cuts are already hurting a wide range of proven programs that help people, through 2009; which was ordered to lie sional budget for the United States communities, and businesses; on the table; as follows: Government for fiscal year 2005 and in- (3) the cuts have put at risk important ad- On page 3, line 9, increase the amount by cluding the appropriate budgetary lev- vances made in all 50 States and United $407,000,000. els for fiscal years 2006 through 2009; States territories, including—

VerDate jul 14 2003 01:58 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.250 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2747 (A) combating obesity through programs resolution or conference reports that health agencies, and agricultural producers such as the Expanded Food and Nutrition would— are provided funds necessary to implement a Education Program; (1) raise federal income taxes on upper in- national animal identification program; and (B) expanding environmentally-minded comes households, and (4) the establishment of a program that is pest management programs; (2) fail to exempt small businesses that not overly burdensome to agricultural pro- (C) ensuring food safety; and bear most of the burden of the top marginal ducers and ensures the privacy of informa- (D) educating farmers and ranchers about tax rates. tion of agricultural producers. new sustainable agricultural practices; (b) WAIVER.—This subsection may be (4) the National Research Initiative is the waived or suspended in the Senate only by SA 2805. Mr. NICKLES (for Mr. flagship competitive grants program funded the affirmative vote of three-fifths of the SANTORUM) proposed an amendment to through the Cooperative State Research, Members, duly chosen and sworn. the concurrent resolution S. Con. Res. Education, and Extension Service; (c) APPEALS.—Appeals in the Senate from 95, setting forth the congressional the decisions of the Chair relating to any (5) because of limited funding the Service budget for the United States Govern- is able to fund only a small fraction of the provisions of this subsection shall be limited to 1 hour, to be equally divided between, and ment for fiscal year 2005 and including meritorious research proposals that the the appropriate budgetary levels for Service receives under the National Re- controlled by the appellant and the manager search Initiative program; and of the bill, joint resolution or as the case fiscal years 2006 through 2009; as fol- (6) base funding at the Service that sup- may be. An affirmative vote of three-fifths of lows: ports the research infrastructure has fallen the Members of the Senate, duly chosen and On page 54, after line 22, insert the fol- steadily over the past decade. sworn, shall be required to sustain an appeal lowing: (b) SENSE OF THE SENATE.—It is the sense of the ruling of the Chair on a point of order SEC. ll. SENSE OF THE SENATE REGARDING of the Senate that levels in this concurrent raised under this section. CONTRIBUTIONS TO THE GLOBAL resolution assume that in making appropria- (d) DEFINITION.—For purposes of this sec- FUND TO FIGHT AIDS, TUBER- tions and revenue decisions, the Senate sup- tion, a small business shall be any individual CULOSIS, AND MALARIA. ports— or enterprise that files federal individual in- (a) FINDINGS.—The Senate finds that— (1) the restoration of the 33 accounts of the come tax returns as a partnership, sole pro- (1) the United States— Cooperative State Research, Education, and prietor or subchapter S corporation. (A) helped establish The Global Fund to Extension Service; (5) DETERMINATION OF IMPACT ON SMALL Fight AIDS, Tuberculosis, and Malaria (re- (2) the fiscal year 2005 funding of the Na- BUSINESSES.—For purposes of this section, ferred to in this section as the ‘‘Fund’’); tional Research Initiative; and the impact of any income tax legislation on (B) provided its first donation; and (3) the fiscal year 2005 funding of competi- small businesses shall be determined on the (C) provides leadership to the Fund under tive research programs of the Cooperative basis of estimates made by the Committee Fund Board Chairman Tommy Thompson, State Research, Education, and Extension on the Budget of the Senate. Secretary of the Department of Health and Human Services; Service in an amount that is adequate to— Mr. NICKLES (for Mr. (A) fight obesity and stave off chronic dis- SA 2841. (2) as a complement to the President’s his- eases; HAGEL (for himself, Mr. CRAIG, Mr. toric 15-country AIDS initiative, the Fund (B) combat insects and animal and plant CRAPO, Ms. STABENOW Mr. TALENT, Mr. provides resources to fight AIDS, tuber- diseases; BINGAMAN, Mr. BOND, Mr. FITZGERALD, culosis, malaria, and related diseases around the world; (C) establish new crops, improved live- Mrs. MURRAY, Mr. NELSON of Nebraska, (3) section 202 of the United States Leader- stock, and economic opportunities for pro- Mr. GRASSLEY, Mr. DURBIN, Mr. BURNS, ducers; and ship Against HIV/AIDS, Tuberculosis, and Mr. SMITH, Mr. BAUCUS, Mr. CAMPBELL, Malaria Act of 2004 (22 U.S.C. 7622) authorizes (D) keep pathogens and other dangers out and Ms. CANTWELL proposed an amend- of the air, water, soil, plants, and animals. contributions to the Fund to the extent that ment to the concurrent resolution S. United States contributions do not exceed 33 SA 2839. Mr. NICKLES (for Ms. Con. Res. 95, setting forth the congres- percent of all contributions to the Fund, al- sional budget for the United States lowing the United States to contribute $1 for SNOWE) proposed an amendment to the every $2 contributed by other sources. concurrent resolution S. Con. Res. 95, Government for fiscal year 2005 and in- cluding the appropriate budgetary lev- (4) during fiscal years 2001 through 2003, setting forth the congressional budget the United States provided $623,000,000 of the for the United States Government for els for fiscal years 2006 through 2009; as total contributions of $1,900,000,000 to the follows: 1 fiscal year 2005 and including the ap- Fund, which represents approximately ⁄3 of propriate budgetary levels for fiscal At the appropriate place, insert the fol- total contributions to the Fund; years 2006 through 2009; as follows: lowing: (5) Congress has appropriated $547,000,000 to SEC. ll. SENSE OF THE SENATE CONCERNING A the Fund for fiscal year 2004, which has been On page 13, line 2, increase the amount by NATIONAL ANIMAL IDENTIFICATION matched by confirmed pledges of $994,000,000, $121,000,000. PROGRAM. 1 and is slightly more than ⁄3 of total pledges, On page 13, line 3, increase the amount by (a) FINDINGS.—The Senate finds that— with additional pledges expected; and $68,000,000. (1) animal identification is important for (6) over the life of the Fund, Congress has On page 13, line 7, increase the amount by operational management, herd health, and appropriated sufficient amounts to match $40,000,000. increased trade opportunities; contributions from other sources to The On page 13, line 11, increase the amount by (2) animal identification is a critical com- Global Fund to Fight AIDS, Tuberculosis, $7,000,000. ponent of the animal health infrastructure of and Malaria on a 1-to-2 basis; and On page 23, line 5, decrease the amount by the United States; (7) transparency and accountability are $121,000,000. (3) it is vital to the well-being of all people critical to Fund grant-making and the U.S. On page 23, line 6, decrease the amount by in the United States to protect animal agri- should work with foreign government and $68,000,000. culture in the United States by safeguarding international organizations to support the On page 23, line 10, decrease the amount by animal health; Fund efforts to use its contributions most ef- $40,000,000 (4) the ability to collect information in a fectively. On page 23, line 14, decrease the amount by timely manner is critical to an effective re- (b) SENSE OF THE SENATE.—It is the sense $7,000,000. sponse to an imminent threat to animal of the Senate that this concurrent resolution health or food safety. and subsequent appropriations acts should SA 2840. Mr. MCCONNELL submitted (b) SENSE OF THE SENATE.—It is the sense provide sufficient funds to continue match- an amendment intended to be proposed of the Senate that the levels in this concur- ing contributions from other sources to The by him to the concurrent resolution S. rent resolution assume that in making ap- Global Fund to Fight AIDS, Tuberculosis, Con. Res. 95, setting forth the congres- propriations and revenue decisions, the Sen- and Malaria on a 1-to-2 basis. sional budget for the United States ate supports— SA 2843. Mr. NICKLES (for Mr. Government for fiscal year 2005 and in- (1) the development and implementation of HATCH (for himself, Mr. BIDEN, and Mr. cluding the appropriate budgetary lev- a national animal identification program recognizing the need for resources to carry KOHL)) proposed an amendment to the els for fiscal years 2006 through 2009; as out the implementation of the plan; concurrent resolution S. Con. Res. 95, follows: (2) the provision by the Secretary of Agri- setting forth the congressional budget At the appropriate place, insert the fol- culture of a time-line for the development for the United States Government for lowing: and implementation of the program as soon fiscal year 2005 and including the ap- SEC. . PROTECTION OF SMALL BUSINESSES as practicable after the date of approval of FROM TAX HIKES ON ‘‘THE RICH’’ this concurrent resolution; propriate budgetary levels for fiscal POINT OF ORDER. (3) the provision by the Secretary of Agri- years 2006 through 2009; as follows: (a) IN GENERAL.—It shall not be in order in culture to ensure the Animal and Plant On page 20, line 17, increase the amount by the Senate to consider any bill, amendment, Health Inspection Service, State animal $600,000,000.

VerDate jul 14 2003 02:33 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.251 S11PT2 S2748 CONGRESSIONAL RECORD — SENATE March 11, 2004 On page 20, line 18, increase the amount by foods, and obesity and diet-related diseases budget for the United States Govern- $132,000,000. associated with poor dietary intake; ment for fiscal year 2005 and including On page 20, line 22, increase the amount by (4) many children in the United States who the appropriate budgetary levels for $180,000,000. would benefit from Federal child nutrition fiscal years 2006 through 2009; as fol- On page 21, line 1, increase the amount by programs do not receive benefits due to fi- $120,000,000. nancial or administrative barriers; and lows: On page 21, line 5, increase the amount by (5) Federal child nutrition programs are On page 19, line 21, increase the amount by $90,000,000. expected to be reauthorized in the 108th Con- $1,200,000,000. On page 21, line 9, increase the amount by gress. On page 19, line 22, increase the amount by $78,000,000. (b) SENSE OF THE SENATE.—It is the sense $1,080,000,000. On page 21, line 13, decrease the amount by of the Senate that the levels in this concur- On page 20, line 1, increase the amount by $600,000,000. rent resolution assume that in making ap- $108,000,000. On page 21, line 14, decrease the amount by propriations and revenue decisions, the Sen- On page 20, line 5, increase the amount by $132,000,000. ate supports the retention in the conference $5,000,000. On page 21, line 18, deerease the amount by report for this concurrent resolution of the On page 20, line 9, increase the amount by $180,000,000. additional funds provided in this concurrent $1,000,000. On page 21, line 22, decrease the amount by resolution for the reauthorization of Federal On page 23, line 5, decrease the amount by $120,000,000. child nutrition programs. $1,200,000,000. On page 22, line 1, increase the amount by On page 23, line 6, decrease the amount by $90,000,000. SA 2845. Mr. NICKLES (for Mr. $1,080,000,000. On page 23, line 10, decrease the amount by On page 22, line 5, decrease the amount by LUGAR (for himself, Mr. CORZINE, Mr. $78,000,000. $108,000,000. BINGAMAN, Mr. LAUTENBERG, Mr. SCHU- On page 23, line 14, decrease the amount by MER, Ms. STABENOW, Mrs. CLINTON, Mrs. SA 2844. Mr. NICKLES (for Mrs. DOLE $5,000,000. FEINSTEIN, Mr. KERRY, Mr. KOHL, Mr. On page 23, line 18, decrease the amount by (for herself and Mr. LEAHY)) proposed LEVIN, Mrs. MURRAY, Mr. DURBIN, Mr. $1,000,000. an amendment to the concurrent reso- DEWINE, Mr. HAGEL, Mr. CHAFEE, Mr. lution S. Con. Res. 95, setting forth the JEFFORDS, Ms. CANTWELL, Mr. SMITH, SA 2847. Mr. NICKLES (for Mr. congressional budget for the United Mr. SANTORUM, Mr. MCCAIN, Mr. BIDEN, GRASSLEY (for himself, Mr. BUNNING, States Government for fiscal year 2005 and Mr. SUNUNU)) proposed an amend- Mr. DOMENICI, Mr. BINGAMAN, Ms. and including the appropriate budg- ment to the concurrent resolution S. CANTWELL, Mrs. MURRAY, Mr. etary levels for fiscal years 2006 Con. Res. 95, setting forth the congres- VOINOVICH, Mrs. CLINTON, Mr. DEWINE, through 2009; as follows: sional budget for the United States Ms. MURKOWSKI, Mr. REID, Mr. BOND, On page 18, line 4, increase the amount by Government for fiscal year 2005 and in- Mr. KENNEDY, Mr. TALENT, and Mr. $156,000,000. cluding the appropriate budgetary lev- HARKIN)) proposed an amendment to On page 18, line 5, increase the amount by els for fiscal years 2006 through 2009; as the concurrent resolution S. Con. Res. $135,000,000. 95, setting forth the congressional On page 18, line 8, increase the amount by follows: $162,000,000. On page 8, line 21, increase the amount by budget for the United States Govern- On page 18, line 9, increase the amount by $1,400,000,000. ment for fiscal year 2005 and including $160,000,000. On page 8, line 22, increase the amount by the appropriate budgetary levels for On page 18, line 12, increase the amount by $153,000,000. fiscal years 2006 through 2009; as fol- $169,000,000. On page 8, line 25, increase the amount by lows: On page 18, line 13, increase the amount by $97,000,000. On page 54, after line 22, insert the fol- On page 9, line 1, increase the amount by $170,000,000. lowing: On page 18, line 16, increase the amount by $621,000,000. On page 9, line 4, increase the amount by SEC. ll. SENSE OF THE SENATE REGARDING $175,000,000. COMPENSATION FOR EXPOSURE TO On page 18, line 17, increase the amount by $98,000,000. TOXIC SUBSTANCES AT THE DE- $175,000,000. On page 9, line 5, increase the amount by PARTMENT OF ENERGY. On page 18, line 20, increase the amount by $359,000,000. (a) FINDINGS.—The Senate finds the fol- $180,000,000. On page 9, line 8, increase the amount by lowing: On page 18, line 21, increase the amount by $98,000,000. (1) The Energy Employees Occupational $180,000,000. On page 9, line 9, increase the amount by Illness Compensation Program Act of 2000 (42 On page 23, line 5, decrease the amount by $237,000,000. U.S.C. 7384 et seq.) (referred to in this sec- On page 9, line 12, increase the amount by $156,000,000. tion as the ‘‘EEOICPA’’) is intended to en- $98,000,000. On page 23, line 6, decrease the amount by sure the timely payment of uniform and ade- On page 9, line 13, increase the amount by $135,000,000. quate compensation to covered employees $154,000,000. On page 23, line 9, decrease the amount by suffering from occupational illnesses in- On page 23, line 5, decrease the amount by $162,000,000. curred during their work for the Department On page 23, line 10, decrease the amount by $1,400,000,000. On page 23, line 6, decrease the amount by of Energy. $160,000,000. $153,000,000. (2) The Department of Labor is responsible On page 23, line 13, decrease the amount by On page 23, line 9, decrease the amount by for implementing the provisions under sub- $169,000,000. $97,000,000. title B of the EEOICPA, relating to claims On page 23, line 14, decrease the amount by On page 23, line 10, decrease the amount by for radiation related cancers, beryllium dis- $170,000,000. $621,000,000. ease, and silicosis. The Department of Labor On page 23, line 17, decrease the amount by On page 23, line 13, decrease the amount by has, within its area of responsibility, proc- $175,000,000. $98,000,000. essed over 95 percent of the 52,000 claims it On page 23, line 18, decrease the amount by On page 23, line 14, decrease the amount by has received, and is processing these claims $175,000,000. $359,000,000. in an average of 73 days. On page 23, line 21, decrease the amount by On page 23, line 17, decrease the amount by (3) As of the date of enactment of this reso- $180,000,000. $98,000,000. lution, the Department of Health and Human On page 23, line 22, decrease the amount by On page 23, line 18, decrease the amount by Services has not promulgated the regula- $180,000,000. $237,000,000. tions required under section 3626 of the SEC. . SENSE OF THE SENATE CONCERNING On page 23, line 21, decrease the amount by EEOICPA for allowing claimants to petition CHILD NUTRITION FUNDING. $98,000,000. to be members of the Special Exposure Co- (a) FINDINGS.—The Senate finds that On page 23, line 22, decrease the amount by hort. Special Exposure Cohorts provide a (1) Federal child nutrition programs have $154,000,000. presumption in favor of the claimant for ra- long played a critical role in providing chil- diation related cancers if— dren in the United States with quality nutri- SA 2846. Ms. MURKOWSKI (for her- (A) it is not feasible to estimate radiation tion from birth through secondary school; self, Mr. SPECTER, Mr. BOND, Mr. EN- dose with sufficient accuracy; and (2) recognizing the value—of these benefits SIGN, Mr. DEWINE, Mr. CORNYN, Mr. (B) there is a reasonable likelihood that to children in the United States, Congress the health of the class of workers may have CAMPBELL, Mr. GRAHAM of South Caro- has an enduring tradition of bipartisan sup- been endangered. port for these programs; lina, Mr. ALLEN, Mr. STEVENS, and Ms. (4) The Department of Energy, which is re- (3) children in the United States are in- MIKULSKI) proposed an amendment to sponsible for implementing subtitle D of the creasingly at nutritional risk due to poor di- the concurrent resolution S. Con. Res. EEOICPA, relating to occupational illness etary habits, lack of access to nutritious 95, setting forth the congressional caused by exposure to toxic substances at

VerDate jul 14 2003 01:58 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.248 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2749 Department of Energy facilities, finalized its ports a bill or joint resolution, or an amend- SEC. ll. SENSE OF THE SENATE REGARDING regulations on August 14, 2002. The Depart- ment thereto is offered or a conference re- TAX INCENTIVES FOR CERTAIN ment of Energy has processed 1 percent of port thereon is submitted, that (1) provides RURAL COMMUNITIES. the 22,000 claims received through the De- an increase in veterans’ medical program It is the sense of the Senate that if tax re- partment of Energy physicians panels since funding and (2) is fully offset by an assess- lief measures are passed in accordance with its regulations were made final. ment on lawyer fees paid under the tobacco the assumptions in this resolution in this (5) The Department of Energy has no will- settlement, the Chairman of the Committee session of Congress, such legislation should ing payor for up to 50 percent of the claims on the Budget of the Senate may revise the include— that its physicians panels determine to be allocations of new budget authority, outlays, (1) tax and other financial incentives, simi- related to exposure to a toxic substance at the revenue aggregates and other appro- lar to those included in the New Homestead the Department of Energy. As a con- priate aggregates by not more than $1.7 bil- Act (S. 602), to help rural communities fight sequence, many claimants with a positive de- lion for the period fiscal year 2005 to 2009 to the economic decimation caused by chronic termination from the physicians panel will reflect such legislation, provided that such out-migration by giving such communities be denied benefits. Many States, including legislation would not increase the deficit for the tools they need to attract individuals to Alaska, Colorado, Iowa, Kentucky, Missouri, fiscal year 2005 and for the period of fiscal live and work, or to start and grow a busi- Ohio, New Mexico, Idaho, and Nevada, may years 2005 through 2009. ness, in such rural areas, and not have a willing payor. (2) revenue provisions which fully offset (b) SENSE OF THE SENATE.—It is the sense SA 2850. Mr. NICKLES (for Mr. DOR- the cost of such tax and other financial in- of the Senate that— GAN) proposed an amendment to the centives. (1) claims for occupational illness, which concurrent resolution S. Con. Res. 95, SA 2851. Mr. NICKLES (for Mr. SPEC- are determined to be caused by exposure to setting forth the congressional budget TER) proposed an amendment to the toxic substances at Department of Energy for the United States Government for facilities under subtitle D of the EEOICPA, concurrent resolution S. Con. Res. 95, should be promptly, equitably, and effi- fiscal year 2005 and including the ap- setting forth the congressional budget ciently compensated; propriate budgetary levels for fiscal for the United States Government for (2) administrative and technical changes years 2006 through 2009; as follows: fiscal year 2005 and including the ap- should be made to the EEOICPA to— On page 14, line 19, increase the amount by propriate budgetary levels for fiscal (A) improve claims processing and review $260,000,000. by physicians panels to ensure cost-effective On page 14, line 20, increase the amount by years 2006 through 2009; as follows: and efficient consideration and determina- $18,000,000. Strike section 404(a). tion of workers’ claims; On page 14, line 23, increase the amount by (B) provide for membership in additional $260,000,000. SA 2852. Mr. NICKLES (for Ms. COL- special exposure cohorts; and On page 14, line 24, increase the amount by LINS (for herself and Mr. CARPER)) pro- (C) address eligibility issues at facilities $226,000,000. posed an amendment to the concurrent with residual radiation; and On page 15, line 2, increase the amount by resolution S. Con. Res. 95, setting forth (3) the President and Congress should work $260,000,000. the congressional budget for the United On page 15, line 3, increase the amount by together at the earliest opportunity to de- States Government for fiscal year 2005 velop a plan that effectively resolves the $260,000,000. issue of a lack of a willing payor for many On page 15, line 6, increase the amount by and including the appropriate budg- claims that are determined under subtitle D $260,000,000. etary levels for fiscal years 2006 of the EEOICPA to be related to exposure to On page 15, line 7, increase the amount by through 2009; as follows: a toxic substance at Department of Energy $260,000,000. On page 28, between lines 7 and 8, insert facilities. On page 15, line 10, increase the amount by the following: $260,000,000. SEC. 304. RESERVE FOR POSTAL SERVICE RE- SA 2848. Mr. NICKLES (for Mr. BYRD On page 15, line 11, increase the amount by FORM. (for himself and Mr. COCHRAN)) pro- $260,000,000. If the Committee on Governmental Affairs On page 15, line 16, increase the amount by posed an amendment to the concurrent of the Senate reports a bill or joint resolu- $660,000,000. tion, or an amendment thereto is offered or resolution S. Con. Res. 95, setting forth On page 15, line 17, increase the amount by a conference report thereon is submitted, the congressional budget for the United $561,000,000. that reforms the United States Postal Serv- States Government for fiscal year 2005 On page 15, line 20, increase the amount by ice to improve its economic viability, the and including the appropriate budg- $60,000,000. Chairman of the Committee on the Budget On page 15, line 21, increase the amount by etary levels for fiscal years 2006 may revise committee allocations for the $150,000,000. through 2009; as follows: Committee on Governmental Affairs and On page 15, line 24, increase the amount by On Page 43, strike lines 11 through 20, and other appropriate budgetary aggregates and $60,000,000. insert the following: On page 15, line 25, increase the amount by allocations of new budget authority and out- (b) FUNDING FOR BIOSHIELD.—The chairman $60,000,000. lays by the amount provided by that meas- of the Committee on Budget of the Senate On page 16, line 3, increase the amount by ure for that purpose, if that measure would shall revise the aggregates, functional to- $60,000,000. not increase the deficit for fiscal year 2005 tals, and allocations to the Committee on On page 16, line 4, increase the amount by and for the period of fiscal years 2005 though Appropriations of the Senate, discretionary $60,000,000. 2009. spending limits, and other appropriate levels On page 16, line 7, increase the amount by and limits in this resolution by $2,528,000,000 $60,000,000. SA 2853. Mr. SANTORUM proposed in budget authority for fiscal year 2005, and On page 16, line 8, increase the amount by an amendment to the concurrent reso- by the amount of outlays flowing therefrom $60,000,000. lution S. Con. Res. 95, setting forth the in fiscal year 2005 and subsequent years for On page 23, line 5, decrease the amount by congressional budget for the United Project Bioshield, for a bill, joint resolution, $920,000,000. States Government for fiscal year 2005 amendment, or conference report that makes On page 23, line 6, decrease the amount by appropriations for the Department of Home- and including the appropriate budg- $579,000,000. etary levels for fiscal years 2006 land Security for the fiscal year ending Sep- On page 23, line 9, decrease the amount by tember 30, 2005. $320,000,000. through 2009; as follows: On page 23, line 10, decrease the amount by On page 3, line 9, increase the amount by SA 2849. Mr. KYL proposed an $376,000,000. $38,296,000,000. amendment to the concurrent resolu- On page 23, line 13, decrease the amount by On page 3, line 10, increase the amount by tion S. Con. Res. 95, setting forth the $320,000,000. $79,080,000,000. congressional budget for the United On page 23, line 14, decrease the amount by On page 3, line 11, increase the amount by States Government for fiscal year 2005 $320,000,000. $69,123,000,000. and including the appropriate budg- On page 23, line 17, decrease the amount by On page 3, line 12, increase the amount by etary levels for fiscal years 2006 $320,000,000. $76,240,000,000. On page 23, line 18, decrease the amount by On page 3, line 13, increase the amount by through 2009; as follows: $320,000,000. $88,626,000,000. At the appropriate place, insert the fol- On page 23, line 21, decrease the amount by On page 3, line 17, increase the amount by lowing: $320,000,000. $38,296,000,000. SEC. . RESERVE FUND FOR VETERANS’ MEDICAL On page 23, line 22, decrease the amount by On page 3, line 18, increase the amount by CARE. $320,000,000. $79,080,000,000. If the Committee on Finance or the Com- On page 54, after line 22, insert the fol- On page 3, line 19, increase the amount by mittee on Veterans’ Affairs of the Senate re- lowing: $69,123,000,000.

VerDate jul 14 2003 01:58 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.254 S11PT2 S2750 CONGRESSIONAL RECORD — SENATE March 11, 2004 On page 3, line 20, increase the amount by On page 14, line 3, increase the amount by On page 20, line 1, increase the amount by $76,240,000,000. $7,000,000,000. $8,200,000,000. On page 3, line 21, increase the amount by On page 14, line 6, increase the amount by On page 20, line 4, increase the amount by $88,626,000,000. $8,000,000,000. $8,200,000,000. On page 4, line 4, increase the amount by On page 14, line 7, increase the amount by On page 20, line 5, increase the amount by $151,052,136,000. $8,000,000,000. $8,200,000,000. On page 4, line 5, increase the amount by On page 14, line 10, increase the amount by On page 8, line 8, increase the amount by $221,280,576,000. $8,000,000,000. $8,200,000,000. On page 4, line 6, increase the amount by On page 14, line 11, increase the amount by On page 8, line 9, increase the amount by $223,955,256,000. $8,000,000,000. $8,200,000,000. On page 4, line 7, increase the amount by On page 14, line 14, increase the amount by On page 8, line 12, increase the amount by $252,798,059,000. $8,000,000,000. $8,200,000,000. On page 4, line 8, increase the amount by On page 14, line 15, increase the amount by On page 8, line 13, increase the amount by $276,318,737,000. $8,000,000,000. $8,200,000,000. On page 4, line 12, increase the amount by On page 14, line 23, increase the amount by On page 22, line 9, increase the amount by $145,439,136,000. $5,000,000,000. $1,884,136,000. On page 4, line 13, increase the amount by On page 14, line 24, increase the amount by On page 22, line 10, increase the amount by $215,107,576,000. $5,000,000,000. $1,884,136,000. On page 4, line 14, increase the amount by On page 15, line 2, increase the amount by On page 22, line 13, increase the amount by $216,217,256,000. $5,000,000,000. $7,298,576,000. On page 4, line 15, increase the amount by On page 15, line 3, increase the amount by On page 22, line 14, increase the amount by $244,706,059,000. $5,000,000,000. $7,298,576,000. On page 4, line 16, increase the amount by On page 15, line 6, increase the amount by On page 22, line 17, increase the amount by $267,907,737,000. $5,000,000,000. $14,926,256,000. On page 4, line 20, decrease the amount by On page 15, line 7, increase the amount by On page 22, line 18, increase the amount by $407,143,136,000. $5,000,000,000. $14,926,256,000. On page 4, line 21, decrease the amount by On page 15, line 10, increase the amount by On page 22, line 21, increase the amount by $136,027,576,000. $5,000,000,000. $23,145,059,000. On page 4, line 22, decrease the amount by On page 15, line 11, increase the amount by On page 22, line 22, increase the amount by $147,094,256,000. $5,000,000,000. $23,145,059,000. On page 4, line 23, decrease the amount by On page 15, line 20, increase the amount by On page 22, line 25, increase the amount by $168,466,059,000. $33,500,000,000. $31,897,737,000. On page 4, line 24, decrease the amount by On page 15, line 21, increase the amount by On page 23, line 1, increase the amount by $179,281,737,000. $33,500,000,000. $31,897,737,000. On page 5, line 3, increase the amount by On page 15, line 24, increase the amount by On page 23, line 5, increase the amount by $107,143,136,000. $33,500,000,000. $43,968,737,000. On page 5, line 4, increase the amount by On page 15, line 25, increase the amount by On page 23, line 6, increase the amount by $243,170,712,000. $33,500,000,000. $38,355,000,000. On page 5, line 5, increase the amount by On page 16, line 3, increase the amount by On page 23, line 9, increase the amount by $390,264,968,000. $33,500,000,000. $58,782,000,000. On page 5, line 6, increase the amount by On page 16, line 4, increase the amount by On page 23, line 10, increase the amount by $558,731,027,000. $33,500,000,000. $52,609,000,000. On page 5, line 7, increase the amount by On page 16, line 7, increase the amount by On page 23, line 13, increase the amount by $738,012,764,000. $33,500,000,000. $52,829,000,000. On page 5, line 11, increase the amount by On page 16, line 8, increase the amount by On page 23, line 14, increase the amount by $107,143,136,000. $33,500,000,000. $45,091,000,000. On page 5, line 12, increase the amount by On page 16, line 12, increase the amount by On page 23, line 17, increase the amount by $243,170,712,000. $89,500,000,000. $73,453,000,000. On page 5, line 13, increase the amount by On page 16, line 13, increase the amount by On page 23, line 18, increase the amount by $390,264,968,000. $89,500,000,000. $65,361,000,000. On page 5, line 14, increase the amount by On page 16, line 16, increase the amount by On page 23, line 21, increase the amount by $558,731,027,000. $89,500,000,000. $95,721,000,000. On page 5, line 15, increase the amount by On page 16, line 17, increase the amount by On page 23, line 22, increase the amount by $738,012,764,000. $89,500,000,000. $87,310,000,000. On page 8, line 21, increase the amount by On page 16, line 20, increase the amount by On page 39, line 18, increase the amount by $7,500,000,000. $89,500,000,000. $26,468,000,000. On page 8, line 22, increase the amount by On page 16, line 21, increase the amount by On page 39, line 19, increase the amount by $7,500,000,000. $89,500,000,000. $20,855,000,000. On page 8, line 25, increase the amount by On page 16, line 24, increase the amount by On page 40, line 1, increase the amount by $7,500,000,000. $89,500,000,000. $91,282,000,000. On page 9, line 1, increase the amount by On page 16, line 25, increase the amount by On page 40, line 2, increase the amount by $7,500,000,000. $89,500,000,000. $117,109,000,000. On page 9, line 4, increase the amount by On page 17, line 3, increase the amount by $7,500,000,000. $89,500,000,000. SA 2854. Ms. SNOWE submitted an On page 9, line 5, increase the amount by On page 17, line 4, increase the amount by amendment intended to be proposed by $7,500,000,000. $89,500,000,000. her to the concurrent resolution S. On page 9, line 8, increase the amount by On page 18, line 8, increase the amount by Con. Res. 95, setting forth the congres- $7,500,000,000. $1,000,000,000. sional budget for the United States On page 9, line 9, increase the amount by On page 18, line 9, increase the amount by Government for fiscal year 2005 and in- $7,500,000,000. $1,000,000,000. cluding the appropriate budgetary lev- On page 11, line 13, increase the amount by On page 18, line 12, increase the amount by $3,500,000,000. $1,000,000,000. els for fiscal years 2006 through 2009; On page 11, line 14, increase the amount by On page 18, line 13, increase the amount by which was ordered to lie on the table; $3,500,000,000. $1,000,000,000. as follows: On page 11, line 17, increase the amount by On page 18, line 16, increase the amount by On page 13, line 2, increase the amount by $3,500,000,000. $1,000,000,000. $121,000,000. On page 11, line 18, increase the amount by On page 18, line 17, increase the amount by On page 13, line 3, increase the amount by $3,500,000,000. $1,000,000,000. $68,000,000. On page 11, line 21, increase the amount by On page 18, line 20, increase the amount by On page 13, line 7, increase the amount by $3,500,000,000. $1,000,000,000. $40,000,000. On page 11, line 22, increase the amount by On page 18, line 21, increase the amount by On page 13, line 11, increase the amount by $3,500,000,000. $1,000,000,000. $7,000,000. On page 11, line 25, increase the amount by On page 19, line 21, increase the amount by On page 23, line 5, decrease the amount by $3,500,000,000. $8,200,000,000. $121,000,000. On page 12, line 1, increase the amount by On page 19, line 22, increase the amount by On page 23, line 6, decrease the amount by $3,500,000,000. $8,200,000,000. $68,000,000. On page 14, line 2, increase the amount by On page 19, line 25, increase the amount by On page 23, line 10, decrease the amount by $7,000,000,000. $8,200,000,000. $40,000,000.

VerDate jul 14 2003 01:58 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.261 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2751 On page 23, line 14, decrease the amount by for other purposes; S. 2180, a bill to di- the session of the Senate on Thursday, $7,000,000. rect the Secretary of Agriculture to ex- March 11, at 2:30 p.m. to consider the change certain lands in the Arapaho nomination of Sue Ellen Woolridge to Mr. LUGAR submitted an SA 2855. and Roosevelt National Forests in the be Solicitor of the Department of the amendment intended to be proposed by State of Colorado; and H.R. 1964, a bill Interior. him to the bill S. 1637, to amend the In- to assist the States of Connecticut, The PRESIDING OFFICER. Without ternal Revenue Code of 1986 to comply New Jersey, New York, and Pennsyl- objection, it is so ordered. with the World Trade Organization rul- vania in conserving priority lands and COMMITTEE ON GOVERNMENTAL AFFAIRS ings on the FSC/ETI benefit in a man- natural resources in the Highlands re- Mr. NICKLES. Mr. President, I ask ner that preserves jobs and production gion, and for other purposes. unanimous consent that the Com- activities in the United States, to re- Because of the limited time available mittee on Governmental Affairs be au- form and simplify the international for the hearing, witnesses may testify thorized to meet on Thursday, March taxation rules of the United States, by invitation only. However, those 11, 2004, at 9:30 a.m., for a hearing titled and for other purposes; which was or- wishing to submit written testimony ‘‘Postal Reform: Sustaining the 9 Mil- dered to lie on the table; as follows: for the hearing record should send two lion Jobs in the $900 Billion Mailing In- On page 146, strike lines 1 through 23. copies of their testimony to the Com- dustry (Day Two).’’ f mittee on Energy and Natural Re- The PRESIDING OFFICER. Without NOTICES OF HEARINGS/MEETINGS sources, U.S. Senate, Washington, DC objection, it is so ordered. 20510–6150. COMMITTEE ON THE JUDICIARY PERMANENT SUBCOMMITTEE ON INVESTIGATIONS For further information, please con- Mr. NICKLES. Mr. President, I ask Mr. COLEMAN. Mr. President, I tact Frank Gladics at 202–224–2878. unanimous consent that the Com- would like to announce for the infor- f mittee on the Judiciary be authorized mation of the Senate and the public to meet to conduct a markup on Thurs- that the Permanent Subcommittee on AUTHORITY FOR COMMITTEES TO day, March 11, 2004, at 9:30 a.m., in Investigations of the Committee on MEET Dirksen Senate Building Room 226. Governmental affairs will hold a hear- ing entitled ‘‘Profiteering In a Non- COMMITTEE ON ARMED SERVICES Agenda Mr. NICKLES. Mr. President, I ask Profit Industry: Abusive Practices in I. Nominations Credit Counseling.’’ The subcommittee unanimous consent that the Com- intends to hold this hearing to address mittee on Armed Services be author- Henry W. Saad to be U.S. Circuit the problems facing the credit coun- ized to meet during the session of the Judge for the Sixth Circuit; William seling industry. Once community-based Senate on March 11, 2004, at 9:30 a.m., James Haynes II to be U.S. Circuit and consumer-friendly, the credit coun- in open session to receive testimony on Judge for the Fourth Circuit; Diane S. seling industry has undergone signifi- missile defense, in review of the De- Sykes to be U.S. Circuit Judge for the cant transformation during the past fense Authorization Request for Fiscal Seventh Circuit; William Gerry Myers several years. New and aggressive prof- Year 2005. III to be U.S. Circuit Judge for the it-driven participants have entered the The PRESIDING OFFICER. Without Ninth Circuit; James L. Robart to be market, causing a rash of consumer objection, it is so ordered. U.S. District Judge for the Western District of Washington; Juan R. complaints about high fees, misleading COMMITTEE ON COMMERCE, SCIENCE, AND advertising, and poor service. The pro- TRANSPORTATION Sanchez to be U.S. District Judge for liferation of for-profit, ‘‘back-office’’ Mr. NICKLES. Mr. President, I ask the Eastern District of Pennsylvania; servicing companies is threatening to unanimous consent that the Com- and Lawrence F. Stengel to be U.S. change the industry into a debt collec- mittee on Commerce, Science, and District Judge for the Eastern District tion mill instead of an industry whose Transportation be authorized to meet of Pennsylvania. focus should be on consumer coun- on Thursday, March 11, 2004, at 10 a.m., II. Executive Session on prescription drug importation. seling and education. The subcommit- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without tee’s March 24 hearing will review the objection, it is so ordered. objection, it is so ordered. most egregious cases for misconduct SELECT COMMITTEE ON INTELLIGENCE among credit counseling agencies and COMMITTEE ON ENERGY AND NATURAL Mr. NICKLES. Mr. President, I ask RESOURCES their for-profit service providers and unanimous consent that the Select examine what solutions may be avail- Mr. NICKLES. Mr. President, I ask Committee on Intelligence be author- able to repair the industry. unanimous consent that the Com- ized to meet during the session of the The hearings will take place on mittee on Energy and Natural Re- Senate on March 11, 2004, at 2:30 p.m., Wednesday, March 24, 2004, at 9 a.m., in sources be authorized to meet during to hold a closed hearing on intelligence room 342 of the Dirksen Senate Office the session of the Senate on Thursday, matters. Building. For further information, March 11, at 10 a.m. The PRESIDING OFFICER. Without please contact Raymond V. Shepherd The purpose of the hearing is to re- objection, it is so ordered. ceive testimony on the following bills: III, Staff Director and Chief Counsel to SUBCOMMITTEE ON AIRLAND the Permanent Subcommittee on In- S. 2086, a bill to amend the Surface Mr. NICKLES. Mr. President, I ask vestigations, at 224–3721. Mining Control and Reclamation Act of unanimous consent that the Sub- SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS 1977 to improve the reclamation of committee on Airland of the Com- Mr. CRAIG. Mr. President, I would abandoned mines; S. 2049, a bill to mittee on Armed Services be author- like to announce for the information of amend the Surface Mining Control and ized to meet during the session of the the Senate and the public that a hear- Reclamation Act of 1977 to reauthorize Senate on March 11, 2004, at 2 p.m., in ing has been scheduled before the Sub- collection of reclamation fees, revise open session to receive testimony on committee on Public Lands and For- the abandoned mine reclamation pro- Army transformation in review of the ests of the Committee on Energy and gram, promote remining, authorize the Defense Authorization Request for Fis- Natural Resources. Office of Surface Mining to collect the cal Year 2005 and the future years De- The hearing will be held on Wednes- black lung excise tax, and make sundry fense Program. day, March 24, at 2:30 p.m., in room SD– other changes. The PRESIDING OFFICER. Without 366 of the Dirksen Senate Office Build- The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. ing. f The purpose of the hearing is to re- COMMITTEE ON ENERGY AND NATURAL ceive testimony on the following bills: RESOURCES PRIVILEGE OF THE FLOOR S. 433, a bill to provide for enhanced Mr. NICKLES. Mr. President, I ask Mr. PRYOR. Mr. President, I ask collaborative forest stewardship man- unanimous consent that the Com- unanimous consent to allow my staff agement within the Clearwater and Nez mittee on Energy and Natural re- member, Derrick Freeman, the privi- Perce National Forests in Idaho, and sources be authorized to meet during lege of the floor.

VerDate jul 14 2003 01:58 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MR6.264 S11PT2 S2752 CONGRESSIONAL RECORD — SENATE March 11, 2004 The PRESIDING OFFICER. Without CENTERS FOR MEDICARE AND MEDICAID ing with the managers and making objection, it is so ordered. SERVICES sure things were done in an orderly f Mark B. McClellan, of the District of Co- way. Our dear friend Senator REID has lumbia, to be Administrator of the Centers attended a funeral of one of his very APPOINTMENT for Medicare and Medicaid Services. close friends today. The PRESIDING OFFICER. The NOMINATIONS PLACED ON THE SECRETARY’S I want the RECORD to show the only Chair, on behalf of the majority leader, DESK reason he missed the votes and was not pursuant to Public Law 108–176, Sec- COAST GUARD here to help orchestrate our successful tion 411(b)(1)(B), appoints the following Coast Guard nomination of Larry L. Jones, conclusion of the budget is because of individual to serve as a member of the which was received by the Senate and ap- his need to be in Nevada. I thought it National Commission of Small Commu- peared in the Congressional Record of Janu- was important we make note of that in ary 22, 2004. nity Air Service: Mayor Bob Corker of the RECORD. Chattanooga, Tennessee. Coast Guard nominations (3) beginning Susan J. Blood, and ending Heather L. Mor- I appreciate the majority leader f rison, which nominations were received by yielding for that purpose. EXECUTIVE SESSION the Senate and appeared in the Congres- f sional Record of February 11, 2004. Coast Guard nominations (3) beginning MI- ADJOURNMENT UNTIL 10 A.M. EXECUTIVE CALENDAR CHAEL P. GULDIN, and ending FELICIA K. TOMORROW RAYBON, which nominations were received Mr. FRIST. Mr. President, I ask by the Senate and appeared in the Congres- Mr. FRIST. Mr. President, if there is unanimous consent that the Senate im- sional Record of November 17, 2003. no further business to come before the mediately proceed to executive session Coast Guard nominations (218) beginning Senate, I ask unanimous consent the to consider the following nominations Catherine A. Abella, and ending Bradly G. Senate stand in adjournment under the on today’s Executive Calendar: Cal- Winans, which nominations were received by previous order. endar Nos. 572, 573, 574, 575, 576, 577, 578, the Senate and appeared in Congressional There being no objection, the Senate, Record of February 5, 2004. 579, 580, 586, 587, and all nominations on at 1:44 a.m., adjourned until Friday, the Secretary’s desk. f March 12, 2004, at 10 a.m. I further ask unanimous consent that LEGISLATIVE SESSION f the nominations be confirmed, the mo- tions to reconsider be laid upon the The PRESIDING OFFICER. The Sen- NOMINATIONS table, the President be immediately ate will now return to legislative ses- Executive nominations received by notified of the Senate’s action, and the sion. the Senate March 11, 2004: Senate then return to legislative ses- f DEPARTMENT OF DEFENSE sion. ORDERS FOR FRIDAY, MARCH 12, TINA WESTBY JONAS, OF VIRGINIA, TO BE UNDER SEC- The PRESIDING OFFICER. Without RETARY OF DEFENSE (COMPTROLLER), VICE DOV S. objection, it is so ordered. 2004 ZAKHEIM, RESIGNING. The nominations considered and con- Mr. FRIST. Mr. President, I ask DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT firmed are as follows: unanimous consent that when the Sen- ate completes its business today, it ad- ROMOLO A. BERNARDI, OF NEW YORK, TO BE DEPUTY Glyn T. Davies, of the District of Colum- SECRETARY OF HOUSING AND URBAN DEVELOPMENT, bia, a Career Member of the Senior Foreign journ until 10 a.m., Friday, March 12. I VICE ALPHONSO R. JACKSON. Service, Class of Minister-Counselor, for the further ask that following the prayer CONSUMER PRODUCT SAFETY COMMISSION rank of Ambassador during his tenure of and pledge, the morning hour be THOMAS HILL MOORE, OF FLORIDA, TO BE A COMMIS- service as the Political Director for the deemed expired, the Journal of pro- SIONER OF THE CONSUMER PRODUCT SAFETY COMMIS- United States Presidency of the G–8. ceedings be approved to date, the time SION FOR A TERM OF SEVEN YEARS FROM OCTOBER 27, Richard S. Williamson, of Illinois, for the 2002. (REAPPOINTMENT) for the two leaders be reserved for their rank of Ambassador during his tenure of DEPARTMENT OF THE TREASURY use later in the day, and the Senate service as Representative of the United JUAN CARLOS ZARATE, OF CALIFORNIA, TO BE AN AS- States of America on the Human Rights then begin a period of morning busi- SISTANT SECRETARY OF THE TREASURY, VICE KENNETH Commission of the Economic and Social ness with Senators permitted to speak LAWSON, RESIGNED. Council of the United Nations. for up to 10 minutes each. DEPARTMENT OF STATE BROADCASTING BOARD OF GOVERNORS The PRESIDING OFFICER. Without LEWIS W. LUCKE, OF TEXAS, A CAREER MEMBER OF objection, it is so ordered. THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- Edward E. Kaufman, of Delaware, to be a COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND Member of the Broadcasting Board of Gov- f PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA ernors for a term expiring August 13, 2006. TO THE KINGDOM OF SWAZILAND. EARLE I. MACK, OF NEW YORK, TO BE AMBASSADOR EX- Steven J. Simmons, of Connecticut, to be a PROGRAM TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED Member of the Broadcasting Board of Gov- STATES OF AMERICA TO THE REPUBLIC OF FINLAND. ernors for a term expiring August 13, 2006. Mr. FRIST. Mr. President, tomorrow JACKSON MCDONALD, OF FLORIDA, A CAREER MEMBER the Senate will be in a period of morn- OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- EXECUTIVE OFFICE OF THE PRESIDENT SELOR, TO BE AMBASSADOR EXTRAORDINARY AND ing business. There will be no rollcall Feliciano Foyo, of Florida, to be a Member PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA votes tomorrow, but we will be work- TO THE REPUBLIC OF GUINEA. of the Advisory Board for Cuba Broadcasting JOHN M. ORDWAY, OF CALIFORNIA, A CAREER MEMBER for a term expiring August 12, 2004. ing to clear several items for passage. OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- It has been a long day and a late night COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND Robert Hurley McKinney, of Indiana, to be PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA a Member of the Advisory Board for Cuba and will be an early morning, but it TO THE REPUBLIC OF KAZAKHSTAN. Broadcasting for a term expiring October 27, was a worthy effort, as we were able to IN THE ARMY 2004. complete our work on the budget. I THE FOLLOWING NAMED OFFICER FOR APPOINTMENT OVERSEAS PRIVATE INVESTMENT CORPORATION thank everyone again. IN THE UNITED STATES ARMY TO THE GRADE INDICATED I will make further announcements WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND Sandford Gottesman, of Texas, to be a RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Member of the Board of Directors of the tomorrow on schedule when we return To be general Overseas Private Investment Corporation for from recess. a term expiring December 17, 2005. The PRESIDING OFFICER. The mi- LT. GEN. DAN K. MCNEILL, 4203 Diane M. Ruebling, of California, to be a nority leader. THE FOLLOWING ARMY NATIONAL GUARD OF THE Member of the Board of Directors of the UNITED STATES OFFICERS FOR APPOINTMENT IN THE Mr. DASCHLE. Mr. President, those RESERVE OF THE ARMY TO THE GRADES INDICATED Overseas Private Investment Corporation for UNDER TITLE 10, U.S.C., SECTION 12203: of us who have spent this long day on a term expiring December 17, 2005. To be major general C. William Swank, of Ohio, to be a Member the floor recognize that there has been an absence in our caucus—and I think BRIGADIER GENERAL JAMES J. BISSON, 6236 of the Board of Directors of the Overseas Pri- BRIGADIER GENERAL RONALD G. CROWDER, 6091 vate Investment Corporation for a term ex- both of our caucuses have noted his ab- BRIGADIER GENERAL WILLIAM W. GOODWIN, 8895 piring December 17, 2005. sence—and that is the distinguished as- BRIGADIER GENERAL MICHAEL A. GORMAN, 3651 BRIGADIER GENERAL ROBERT G.F. LEE, 0590 DEPARTMENT OF THE TREASURY sistant Democratic leader. Normally, BRIGADIER GENERAL ROBERTO MARRERRO-CORLETTO, he would have been moving around the 1485 Mark J. Warshawsky, of Maryland, to be BRIGADIER GENERAL ROBLEY S. RIGDON, 7740 an Assistant Secretary to the Treasury. floor for the last several hours, work- BRIGADIER GENERAL JOSEPH J. TALUTO, 0598

VerDate jul 14 2003 02:33 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00102 Fmt 4624 Sfmt 9801 E:\CR\FM\A11MR6.274 S11PT2 March 11, 2004 CONGRESSIONAL RECORD — SENATE S2753

BRIGADIER GENERAL ARTHUR H. WYMAN, 0312 FORCE AND FOR REGULAR APPOINTMENT UNDER TITLE OVERSEAS PRIVATE INVESTMENT CORPORATION To be brigadier general 10, U.S.C., SECTIONS 624 AND 531: To be major SANFORD GOTTESMAN, OF TEXAS, TO BE A MEMBER OF COLONEL FLOYD E. BELL JR., 4755 THE BOARD OF DIRECTORS OF THE OVERSEAS PRIVATE COLONEL JAMES A. BRUNSON, 2895 BOIKAI B. BRAGGS, 8028 INVESTMENT CORPORATION FOR A TERM EXPIRING DE- COLONEL JOSEPH J. CHAVES, 4075 CHRISTOPHER S. BROCKMAN, 5242 CEMBER 17, 2005. COLONEL JOSEPH L. CULVER, 8597 CHARLES W. FOX, 6168 DIANE M. RUEBLING, OF CALIFORNIA, TO BE A MEMBER COLONEL PAUL C. GENEREUX JR., 5128 OF THE BOARD OF DIRECTORS OF THE OVERSEAS PRI- COLONEL MARTIN L. GRABER, 3495 IN THE NAVY VATE INVESTMENT CORPORATION FOR A TERM EXPIR- COLONEL MARK W. HAMPTON, 2917 ING DECEMBER 17, 2005. THE FOLLOWING NAMED OFFICER FOR ORIGINAL REG- COLONEL YAROPOLK R. HLADKYJ, 9285 C. WILLIAM SWANK, OF OHIO, TO BE A MEMBER OF THE ULAR APPOINTMENT AS PERMANENT LIMITED DUTY OF- COLONEL GEORGE E. IRVIN SR., 5367 BOARD OF DIRECTORS OF THE OVERSEAS PRIVATE IN- FICER TO THE GRADE INDICATED IN THE UNITED STATES COLONEL JAMES A. KRUECK, 5915 VESTMENT CORPORATION FOR A TERM EXPIRING DE- NAVY UNDER TITLE 10, U.S.C., SECTION 5589: COLONEL ROGER A. LALICH, 3130 CEMBER 17, 2005. COLONEL JACK E. LEE, 4916 To be lieutenant COLONEL RICHARD B. MOORHEAD, 6302 DEPARTMENT OF THE TREASURY COLONEL JAMES W. NUTTALL, 3643 DAVID R. AGLE, 9804 COLONEL BILLY L. PIERCE, 1657 MARK J. WARSHAWSKY, OF MARYLAND, TO BE AN AS- COLONEL STEVER D. SAUNDERS, 3328 f SISTANT SECRETARY OF THE TREASURY. COLONEL LINWOOD M. SAWYER, 2075 COLONEL WILLIAM D. SCHNEIDER, 5870 CONFIRMATIONS CENTERS FOR MEDICARE AND MEDICAID COLONEL KING E. SIDWELL, 5791 SERVICES COLONEL MICHAEL C. SWEZEY, 0174 Executive nominations confirmed by COLONEL OMER C. TOOLEY, 2212 MARK B. MCCLELLAN, OF THE DISTRICT OF COLUMBIA, the senate March 11, 2004: TO BE ADMINISTRATOR OF THE CENTERS FOR MEDICARE THE FOLLOWING ARMY NATIONAL GUARD OF THE AND MEDICAID SERVICES. UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- DEPARTMENT OF STATE THE ABOVE NOMINATIONS WERE APPROVED SUBJECT SERVE OF THE ARMY TO THE GRADE INDICATED UNDER TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- TITLE 10, U.S.C., SECTION 12203: GLYN T. DAVIES, OF THE DISTRICT OF COLUMBIA, A CA- REER MEMBER OF THE SENIOR FOREIGN SERVICE, QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY To be brigadier general CLASS OF MINISTER-COUNSELOR, FOR THE RANK OF AM- CONSTITUTED COMMITTEE OF THE SENATE. BASSADOR DURING HIS TENURE OF SERVICE AS THE PO- COL. DANA D. BATEY, 5013 LITICAL DIRECTOR FOR THE UNITED STATES PRESI- THE JUDICIARY IN THE MARINE CORPS DENCY OF THE G–8. RICHARD S. WILLIAMSON, OF ILLINOIS, FOR THE RANK LOUIS GUIROLA, JR., OF MISSISSIPPI, TO BE UNITED THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT OF AMBASSADOR DURING HIS TENURE OF SERVICE AS STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT IN THE UNITED STATES MARINE CORPS TO THE GRADE REPRESENTATIVE OF THE UNITED STATES OF AMERICA OF MISSISSIPPI. INDICATED UNDER TITLE 10, U.S.C., SECTION 624: ON THE HUMAN RIGHTS COMMISSION OF THE ECONOMIC NEIL VINCENT WAKE, OF ARIZONA, TO BE UNITED AND SOCIAL COUNCIL OF THE UNITED NATIONS. STATES DISTRICT JUDGE FOR THE DISTRICT OF ARI- To be major general ZONA. BRIG. GEN. ROBERT C. DICKERSON JR., 2458 BROADCASTING BOARD OF GOVERNORS COAST GUARD NOMINATIONS BEGINNING MICHAEL P. GULDIN AND ENDING FELICIA K. RAYBON, WHICH NOMI- BRIG. GEN. TIMOTHY F. GHORMLEY, 8863 EDWARD E. KAUFMAN, OF DELAWARE, TO BE A MEM- BRIG. GEN. SAMUEL T. HELLAND, 6309 NATIONS WERE RECEIVED BY THE SENATE AND AP- BER OF THE BROADCASTING BOARD OF GOVERNORS FOR PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER BRIG. GEN. RICHARD S. KRAMLICH, 9829 A TERM EXPIRING AUGUST 13, 2006. BRIG. GEN. RICHARD F. NATONSKI, 9548 17, 2003. STEVEN J. SIMMONS, OF CONNECTICUT, TO BE A MEM- COAST GUARD NOMINATION OF LARRY L. JONES. IN THE AIR FORCE BER OF THE BROADCASTING BOARD OF GOVERNORS FOR COAST GUARD NOMINATIONS BEGINNING CATHERINE A A TERM EXPIRING AUGUST 13, 2006. ABELLA AND ENDING BRADLY G WINANS, WHICH NOMI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NATIONS WERE RECEIVED BY THE SENATE AND AP- TO THE GRADE INDICATED IN THE UNITED STATES AIR EXECUTIVE OFFICE OF THE PRESIDENT PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY FORCE UNDER TITLE 10, U.S.C., SECTION 624: FELICIANO FOYO, OF FLORIDA, TO BE A MEMBER OF 5, 2004. To be major THE ADVISORY BOARD FOR CUBA BROADCASTING FOR A COAST GUARD NOMINATIONS BEGINNING SUSAN J. TERM EXPIRING AUGUST 12, 2004. BLOOD AND ENDING HEATHER L. MORRISON, WHICH CHRISTINE R. GUNDEL, 6103 ROBERT HURLEY MCKINNEY, OF INDIANA, TO BE A NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MEMBER OF THE ADVISORY BOARD FOR CUBA BROAD- PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY TO THE GRADE INDICATED IN THE UNITED STATES AIR CASTING FOR A TERM EXPIRING OCTOBER 27, 2004. 11, 2004.

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HIGHLIGHTS: Senate agreed to S. Con. Res. 98, Adjournment Resolution. Senate agreed to S. Res. 319, Condemning Terrorist Attacks in Spain. Senate agreed to S. Con. Res. 95, Congressional Budget Resolution. The House passed H.R. 3717, Broadcast Decency Enforcement Act of 2004. Senate Feinstein/Hollings Amendment No. 2753, to ex- Chamber Action press the sense of the Senate regarding funding for Routine Proceedings, pages S2651–S2753 port security. Page S2649 Measures Introduced: Thirteen bills and four reso- Murkowski/Campbell Amendment No. 2822, to lutions were introduced, as follows: S. 2194–2206, increase funding for the Indian Health Services. S.J. Res. 29, S. Res. 318–319, and S. Con. Res. 98. Pages S2651–52 Pages S2716–17 Inhofe/Bingaman Amendment No. 2823, to re- turn to the original scoring of the energy savings Measures Passed: performance contract program. Pages S2655–56 Adjournment Resolution: Senate agreed to S. Nickles (for Conrad) Amendment No. 2831, to Con. Res. 98, providing for a conditional adjourn- express the sense of the Senate regarding tribal col- ment or recess of the Senate. Page S2710 leges and universities. Page S2656 Condemning Terrorist Attacks in Spain: By a Nickles (for Bingaman) Amendment No. 2833, to unanimous vote of 96 yeas (Vote No. 43), Senate establish a reserve fund for expansion of the pediatric agreed to S. Res. 319, expressing the sense of the vaccine distribution program. Page S2656 Senate with respect to the deadly terrorist attacks Nickles (for Wyden) Amendment No. 2717, to against the people of Spain that occurred on March increase investments in implementation of the 11, 2004. Pages S2641–43 Healthy Forests Restoration Act to benefit national forests, the environment, local communities, and Congressional Budget Resolution: By 51 yeas to local economies. Page S2656 45 nays (Vote No. 58), Senate agreed to S. Con. Res. Nickles (for Kennedy/Rockefeller) Amendment 95, setting forth the congressional budget for the No. 2699, to prevent unspent SCHIP funds from re- United States Government for fiscal year 2005 and verting to the Treasury rather than being used to including the appropriate budgetary levels for fiscal provide coverage for low-income children. years 2006 through 2009, after taking action on the Pages S2656–57 following amendments proposed thereto: Nickles (for Thomas) Amendment No. 2794, to Pages S2591–S2641, S2643–99 restore discretionary funding levels for crucial rural Adopted: health programs, such as the rural health outreach Mikulski Amendment No. 2820, to provide a def- grant program, the rural hospital flexibility grant icit neutral reserve fund to provide a tuition tax program, the small hospital improvement program, credit. Page S2648 telehealth, trauma programs, and rural AED pro- Coleman Amendment No. 2821, to provide $1.9 grams to fiscal year 2004 levels and offset this billion to increase the maximum Pell Grant from change by reductions in overall government travel $4,050 to $4,500 by reducing spending in other expenses. Page S2656 Federal Government programs, except education pro- Nickles (for Pryor) Modified Amendment No. grams, by a commensurate amount. Pages S2648–49 2810, stating the sense of the Senate regarding the D220

VerDate jul 14 2003 02:35 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D11MR4.PT2 D11MR4 March 11, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D221 Low-Income Home Energy Assistance Program and By 72 yeas to 24 nays (Vote No. 56), Specter/Col- the weatherization assistance program. Pages S2656–57 lins Modified Amendment No. 2741, to increase dis- Enzi/Cantwell Amendment No. 2832, to increase cretionary health funding by $2,000,000,000. funding for the Workforce Investment Act (WIA) by Pages S2669–71 $250 million in fiscal year 2005, by increasing func- Nickles (for Lugar) Amendment No. 2845, to tion 500. Page S2657 provide for an increase and a decrease in funding for Conrad (for Clinton) Amendment No. 2780, to certain programs. Pages S2671–73 establish a reserve fund for addressing minority Murkowski Amendment No. 2846, to increase health disparities. Pages S2657–58 veterans medical care by $1,200,000,000. Crapo Amendment 2784, to increase funding for Pages S2673–74 the Environmental Protection Agency for the Clean Nickles (for Grassley) Amendment No. 2847, to Water and Safe Drinking Water State Revolving express the sense of the Senate regarding compensa- tion for exposure to toxic substances at Department Funds. Pages S2659–63 of Energy facilities. Page S2674 Nickles (for Lincoln) Amendment No. 2837, to Nickles (for Byrd/Cochran) Amendment No. prevent tax increases for families who receive child 2848, to correct the scoring for Project Bioshield. tax credit. Page S2664 Pages S2674–75 Nickles (for Grassley) Amendment No. 2838, ex- Nickles (for Dorgan) Amendment No. 2850, to pressing the sense of the Senate for support of fund- increase budget authority and outlays in Function ing restoration for agriculture research and extension. 450 (Community and Regional Development) and Page S2664 Function 500 (Education, Training, Employment, Nickles (for Snowe) Amendment No. 2839, to in- and Social Security) to establish a New Homestead crease funding for the SBA 7(a) loan guarantee, Venture Capital Fund to make equity and near eq- Microloan and other small business programs and to uity investments in start-up and expanding busi- offset the cost of that spending through across-the- nesses located in high out-migration rural counties board cuts in function 920. Page S2664 and to repay up to 50 percent of college loans (up Nickles (for Sessions/Cornyn) Amendment No. to $10,000) for recent graduates who live and work 2733, to provide full funding for NASA’s fiscal year in such counties for five years, respectively; and to 2005 space exploration initiatives. Page S2664 express the sense of the Senate that any revenue By 52 yeas to 43 nays (Vote No. 54), Levin/Col- measure passed by Congress in the future should in- lins Amendment No. 2817, to lower crude oil prices clude tax incentives designed to address the dev- resulting from the cancellation of planned future de- astating problem of chronic out-migration from rural liveries of oil to the Strategic Petroleum Reserve and communities in America’s Heartland and that those using the funding made available to provide $1.7 tax incentives should be fully offset. Pages S2676–77 billion in funding for homeland security grants for Nickles (for DeWine/Leahy) Amendment No. first responders, firefighter assistance, and port secu- 2697, to increase the new budget authority in the rity, and to reduce the debt. Pages S2664–66 International Affairs function by $330,000,000 for Nickles (for Hagel) Amendment No. 2841, to ex- fiscal year 2005 to provide adequate funding for the press the sense of the Senate on the need for a Child Survival and Health Program, with a cor- United States animal identification program as an ef- responding offset in function 920. Pages S2676–77 fective disease surveillance, monitoring, and control Nickles (for DeWine) Amendment No. 2715, to increase funding to facilitate reconstruction in Haiti. tool serving the needs of the United States livestock Pages S2676–77 industry and public health. Page S2668 Nickles (for Lugar) Amendment No. 2785, to ex- Nickles (for Santorum) Amendment No. 2842, to press the sense of the Senate concerning summer reaffirm the United States ratio for contributions to food pilot projects. Page S2681 The Global Fund to Fight AIDS, Tuberculosis, and Nickles (for Specter) Amendment No. 2851, to Malaria. Page S2668 strike section 404. Page S2681 Nickles (for Hatch) Amendment No. 2843, to re- Nickles (for Collins/Carper) Amendment No. store law enforcement assistance, and juvenile justice 2852, to provide a deficit neutral reserve fund for assistance, especially title V, and JAB6, to the De- Postal Service reform. Page S2681 partment of Justice. Page S2668 Landrieu Amendment No. 2775, to provide for Nickles (for Dole/Leahy) Amendment No. 2844, eliminating the Survivor Benefit Plan-Social Security to express the sense of the Senate concerning child offset for military widows and widowers while reduc- nutrition funding. Pages S2668–69 ing the debt, offset by the elimination of tax benefits

VerDate jul 14 2003 02:35 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D11MR4.PT2 D11MR4 D222 CONGRESSIONAL RECORD — DAILY DIGEST March 11, 2004 to individuals and corporations that avoid United By 40 yeas to 57 nays (Vote No. 50), Lieberman States taxation by establishing a foreign domicile Amendment No. 2807, to restore cuts and increase and other tax loopholes and tax shelters. funding for homeland security programs and reduce Pages S2658–59, S2682 the debt by reducing tax breaks for certain individ- Rejected: uals. Pages S2631–35, S2647 By 41 yeas to 53 nays (Vote No. 41), Boxer By 44 yeas to 53 nays (Vote No.51), Conrad (for Amendment No. 2783, to create jobs, to discourage Kennedy) Amendment No. 2725, to create a reserve the shipping of jobs overseas, and provide adjust- fund to finance an increase in the maximum Pell ment assistance for dislocated workers, by changing Grant that keeps pace with the rate of increase in the tax treatment of certain income from runaway public college tuition, extend Pell Grants to plants, and by reducing tax breaks for certain indi- 500,000 new recipients, and close certain tax loop- viduals. Pages S2592–S2606, S2640, S2687 holes. Pages S2635–38, S2647–48 By 41 yeas to 55 nays (Vote No. 42), Sarbanes By 42 yeas to 54 nays (Vote No. 52), Daschle Amendment No. 2789, to fully fund the FIRE and Amendment No. 2774, to create a reserve fund to SAFER Acts and reduce tax breaks for certain indi- allow for an increase in Indian Health Service Clin- ical Services by $3.44 billion and lower the national viduals. Pages S2606–11, S2640–41 By 41 yeas to 55 nays (Vote No. 44), Dorgan debt by eliminating certain tax loopholes or reduc- Amendment No. 2793, to increase funding for ing tax breaks for individuals with incomes in excess COPS, Byre grants, and Local Law Enforcement of $1 million per year. Pages S2649–52 Block Grants, and reduce tax breaks for certain indi- By 42 yeas to 54 nays (Vote No. 53), Dodd Amendment No. 2762, to create a reserve fund to viduals. Pages S2611–20, S2643–44 allow for an increase in the 21st Century Commu- By 44 yeas to 52 nays (Vote No. 45), Lautenberg nity Learning Centers Program by $1 billion and to Amendment No. 2703, to reduce debt and require eliminate certain tax loopholes. Pages S2652–53 the industries responsible for producing products By 42 yeas to 54 nays (Vote No. 57), Lautenberg that contaminate toxic waste sites and industries Amendment No. 2797, to strike the provision for who are exempt from liability for such contamina- raising the debt limit. Pages S2675–76 tion, to help pay for the cleanup by reinstating the Dayton Amendment No. 2786, to provide full Superfund polluter pays fees, and to reduce the def- mandatory funding for the Individuals with Disabil- icit. Pages S2629–30, S2639–40, S2644 ities Education Act (IDEA) part B grants over five By 32 yeas to 64 nays (Vote No. 46), Harkin years by reducing tax breaks for the wealthiest tax- Amendment No. 2799, to provide for increased re- payers. Pages S2677–78 sources for medical research, disease control, Reed Amendment No. 2790, to create a reserve wellness, tobacco cessation and preventative health fund to increase funding for college and student fi- efforts including substance abuse and mental health nancial aid programs, including the Pell Grant pro- services, establishing a fund for this purpose, offset gram, campus-based assistance, Leveraging Edu- by an increase in the cigarette tax to $1 and propor- cational Assistance Partnership, TRIO, GEAR UP, tional increases in other tobacco excise taxes and def- and graduate level programs, and lower the national icit reduction. Pages S2620–26, S2644–45 debt by closing certain tax loopholes. Page S2678 By 43 yeas to 53 nays (Vote No. 47), Lincoln Withdrawn: Amendment No. 2803, to provide $60 billion over Kyl Amendment No. 2849, to create a reserve five years for greater health security for working fund to permit an increase in veteran’s medical care Americans and their families through a combination that is fully offset with an assessment on excessive of public and private efforts to expand quality, af- lawyer fees paid under the tobacco settlement. fordable health insurance coverage and cut health Pages S2678–81 care costs by eliminating certain tax loopholes. Corzine Amendment No. 2777, to eliminate tax Pages S2645–46 breaks for those with incomes greater than $1 mil- By 43 yeas to 53 nays (Vote No. 48), Byrd lion and reserve the savings to prevent future cuts Amendment No. 2804, to provide responsible re- in Social Security benefits. Page S2682 straints on discretionary funding while providing Santorum Amendment No. 2853, to provide for adequate resources for education, veterans, homeland an increase and a decrease in funding for certain pro- security, and other critical domestic priorities and grams. Pages S2682–84 fully offsetting the cost by closing corporate tax During consideration of this measure today, the loopholes, improving tax enforcement and reducing Senate also took the following action: tax breaks for certain individuals. By 43 yeas to 53 nays (Vote No. 49), three-fifths Pages S2626–29, S2646 of those Senators duly chosen and sworn, not having

VerDate jul 14 2003 02:35 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D11MR4.PT2 D11MR4 March 11, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D223 voted in the affirmative, Senate rejected the motion Edward E. Kaufman, of Delaware, to be a Member to waive section 305 of the Congressional Budget of the Broadcasting Board of Governors for a term Act of 1974, with respect to Bingaman Amendment expiring August 13, 2006. (Reappointment) No. 2765, to ensure that legislation is not enacted Steven J. Simmons, of Connecticut, to be a Mem- that increases the number of taxpayers affected by ber of the Broadcasting Board of Governors for a the alternative minimum tax. Subsequently, the term expiring August 13, 2006. (Reappointment) point of order that the amendment was in violation Glyn T. Davies, of the District of Columbia, a Ca- of section 305 of the Congressional Budget Act of reer Member of the Senior Foreign Service, Class of 1974, was sustained, and the amendment thus falls. Minister-Counselor, for the rank of Ambassador dur- Pages S2630–31, S2646–47 ing his tenure of service as the Political Director for By 51 yeas to 45 nays (Vote No. 55), three-fifths the United States Presidency of the G–8. of those Senators duly chosen and sworn, not having Sanford Gottesman, of Texas, to be a Member of voted in the affirmative, Senate rejected the motion the Board of Directors of the Overseas Private In- to waive the point of order that McConnell Amend- vestment Corporation for a term expiring December ment No. 2840, to prohibit future income tax hikes 17, 2005. on upper incomes that fail to exempt small busi- Diane M. Ruebling, of California, to be a Member nesses that file individual income tax returns as part- of the Board of Directors of the Overseas Private In- nerships, sole proprietors, or subchapter S corpora- vestment Corporation for a term expiring December tions, was not germane. Subsequently, the point of 17, 2005. (Reappointment) order was sustained and the amendment thus falls. C. William Swank, of Ohio, to be a Member of Pages S2666–68 the Board of Directors of the Overseas Private In- Executive Reports of Committees: Senate received vestment Corporation for a term expiring December the following executive report of a committee: 17, 2005. (Reappointment) Report to accompany the United Nations Conven- Robert Hurley McKinney, of Indiana, to be a tion on the Law of the Sea, with declarations and Member of the Advisory Board for Cuba Broad- understandings. (Treaty Doc. 103–39) (Ex. Rept. casting for a term expiring October 27, 2004. 108–10) Pages S2712–16 Mark J. Warshawsky, of Maryland, to be an As- Messages From the President: Senate received the sistant Secretary of the Treasury. following message from the President of the United Richard S. Williamson, of Illinois, for the rank of States: Ambassador during his tenure of service as Rep- Transmitting a report of the continuation of the resentative of the United States of America on the national emergency with respect to Iran that was de- Human Rights Commission of the Economic and So- clared in Executive Order 12957; to the Committee cial Council of the United Nations. on Banking, Housing, and Urban Affairs. (PM–73) Mark B. McClellan, of the District of Columbia, to be Administrator of the Centers for Medicare and Page S2710 Medicaid Services. Appointments: Routine lists in the Coast Guard. Page S2753 National Commission of Small Community Air Nominations Received: Senate received the fol- Service: The Chair, on behalf of the Majority Leader lowing nominations: pursuant to Public Law 108–176, Section Tina Westby Jonas, of Virginia, to be Under Sec- 411(b)(1)(B), appointed the following individual to retary of Defense (Comptroller). serve as a member of the National Commission of Romolo A. Bernardi, of New York, to be Deputy Small Community Air Service: Mayor Bob Corker of Secretary of Housing and Urban Development. Chattanooga, Tennessee. Page S2752 Thomas Hill Moore, of Florida, to be a Commis- Nominations Confirmed: Senate confirmed the fol- sioner of the Consumer Product Safety Commission lowing nominations: for a term of seven years from By unanimous vote of 92 yeas (Vote No. 59), October 27, 2002. (Reappointment) Louis Guirola, Jr., of Mississippi, to be United States Juan Carlos Zarate, of California, to be an Assist- District Judge for the Southern District of Mis- ant Secretary of the Treasury. sissippi. Page S2699 Lewis W. Lucke, of Texas, to be Ambassador to Feliciano Foyo, of Florida, to be a Member of the the Kingdom of Swaziland. Advisory Board for Cuba Broadcasting for a term ex- Earle I. Mack, of New York, to be Ambassador to piring August 12, 2004. the Republic of Finland. Neil Vincent Wake, of Arizona, to be United Jackson McDonald, of Florida, to be Ambassador States District Judge for the District of Arizona. to the Republic of Guinea.

VerDate jul 14 2003 02:35 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D11MR4.PT2 D11MR4 D224 CONGRESSIONAL RECORD — DAILY DIGEST March 11, 2004 John M. Ordway, of California, to be Ambassador APPROPRIATIONS: LIBRARY OF CONGRESS to the Republic of Kazakhstan. Committee on Appropriations: Subcommittee on Legisla- 32 Army nominations in the rank of general. tive Branch concluded a hearing to examine pro- 5 Marine Corps nominations in the rank of gen- posed budget estimates for fiscal year 2005 for the eral. Library of Congress, after receiving testimony from Routine lists in the Air Force, Navy. Page S2752 James H. Billington, Librarian of Congress; and Messages From the House: Page S2710 Donald L. Scott, Deputy Librarian of Congress. Measures Referred: Pages S2710–11 DEFENSE AUTHORIZATION Measures Placed on Calendar: Page S2711 Committee on Armed Services: Committee concluded a Executive Communications: Pages S2711–12 hearing to examine the Defense Authorization Re- quest for fiscal year 2005, focusing on missile de- Executive Reports of Committees: Pages S2712–16 fense after receiving testimony from Michael W. Additional Cosponsors: Pages S2717–20 Wynne, Acting Under Secretary of Defense for Ac- Statements on Introduced quisition, Technology and Logistics; Admiral James O. Ellis, Jr., USN, Commander, United States Stra- Bills/Resolutions: Pages S2720–29 tegic Command; Thomas P. Christie, Director, Additional Statements: Pages S2709–10 Operational Test and Evaluation; Lieutenant General Amendments Submitted: Pages S2729–51 Ronald T. Kadish, USAF, Director, Missile Defense Agency; and Lieutenant General Larry J. Dodgen, Notices of Hearings/Meetings: Page S2751 USA, Commander, Space and Missile Defense Com- Authority for Committees To Meet: Page S2751 mand. Privilege of the Floor: Pages S2751–52 DEFENSE AUTHORIZATION Record Votes: Nineteen record votes were taken Committee on Armed Services: Subcommittee on Airland today. (Total—59) Page S2640, S2641, S2643, S2644, S2645, S2646, S2647, S2648, S2651, S2653, S2666, S2667–68, concluded a hearing to examine the defense author- S2671, S2675–76, S2699 ization request for fiscal year 2005 and the future years defense program, focusing on Army Trans- Adjournment: Senate convened at 9:30 a.m., and formation, after receiving testimony from Claude M. adjourned at 1:44 a.m., on Friday, March 12, 2004, Bolton, Jr., Assistant Secretary of the Army for Ac- until 10 a.m., on the same day. (For Senate’s pro- quisition, Logistics and Technology; General George gram, see the remarks of the Majority Leader in to- W. Casey, Jr., USA, Vice Chief of Staff, United day’s Record on page S2752.) States Army; and Major General John M. Curran, USA, Director, Future Centers, Headquarters, U.S. Committee Meetings Army Training and Doctrine Command.

(Committees not listed did not meet) PRESCRIPTION DRUG IMPORTATION Committee on Commerce, Science, and Transportation: APPROPRIATIONS: FOREST SERVICE Committee concluded a hearing to examine prescrip- Committee on Appropriations: Subcommittee on Interior tion drug importation and related matters, focusing and Related Agencies concluded a hearing to exam- on reducing drug costs, safety concerns relating to ine proposed budget estimates for fiscal year 2005 importation, recent action by the States, drug coun- for the Forest Service of the Department of Agri- terfeiting, and the Medicare importation study and culture, after receiving testimony from Dale N. task force, after receiving testimony from Represent- Bosworth, Chief, Forest Service, and Mark E. Rey, atives Burton and Sanders; and Mark B. McClellan, Under Secretary for Natural Resources and Environ- Commissioner, Food and Drug Administration, De- ment, both of the Department of Agriculture. partment of Health and Human Services. APPROPRIATIONS: NASA ABANDONED MINE LANDS PROGRAM Committee on Appropriations: Subcommittee on VA, Committee on Energy and Natural Resources: Committee HUD, and Independent Agencies concluded a hear- concluded a hearing to examine S. 2086, to amend ing to examine proposed budget estimates for fiscal the Surface Mining Control and Reclamation Act of year 2005 for the National Aeronautics and Space 1977 to improve the reclamation of abandoned Administration (NASA), after receiving testimony mines, and S.2049, to amend the Surface Mining from Sean O’Keefe, Administrator, National Aero- Control and Reclamation Act of 1977 to reauthorize nautics and Space Administration. collection of reclamation fees, revise the abandoned

VerDate jul 14 2003 02:35 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D11MR4.PT2 D11MR4 March 11, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D225 mine reclamation program, promote remining, au- jobs in the $900 billion mailing industry, after re- thorize the Office of Surface Mining to collect the ceiving testimony from Frederick W. Smith, FedEx black lung excise tax, and make sundry other Corporation, Memphis, Tennessee; Michael L. Eskew, changes, after receiving testimony from Jeffrey D. United Parcel Service, Atlanta, Georgia; Gary M. Jarrett, Director, Office of Surface Mining, Depart- Mulloy, ADVO, Inc., Windsor, Connecticut; Gary ment of the Interior; Steve Hohmann, Director, Ken- B. Pruitt, McClatchy Company, Sacramento, Cali- tucky Department for Surface Mining and Enforce- fornia, on behalf of the Newspaper Association of ment, Frankfort, on behalf of the Interstate Mining America; and H. Robert Wientzen, Direct Mar- Compact Commission and the National Association keting Association, New York, New York. of Abandoned Mine Land Programs; Evan J. Green, BUSINESS MEETING Wyoming Department of Environmental Quality, Cheyenne; Joe Shirley, Jr., Navajo Nation, Wash- Committee on the Judiciary: Committee ordered favor- ington, D.C.; Charles Gauvin, Trout Unlimited, Ar- ably reported the nominations of William James lington, Virginia; and Micheal Buckner, United Haynes II, of Virginia, to be United States Circuit Mine Workers of America, Fairfax, Virginia. Judge for the Fourth Circuit, Diane S. Sykes, of Wisconsin, to be United States Circuit Judge for the NOMINATION Seventh Circuit, James L. Robart, to be United Committee on Energy and Natural Resources: Committee States District Judge for the Western District of concluded a hearing to examine the nomination of Washington, and Juan R. Sanchez and Lawrence F. Sue Ellen Wooldridge, of Virginia, to be Solicitor of Stengel, both to be a United States District Judge the Department of the Interior, after the nominee for the Eastern District of Pennsylvania. testified and answered questions in her own behalf. INTELLIGENCE POSTAL REFORM Select Committee on Intelligence: Committee held closed Committee on Governmental Affairs: Committee re- hearings on intelligence matters, receiving testimony sumed hearings to examine U.S. Postal Service re- from officials of the intelligence community. form issues, focusing on sustaining the 9 million Committee recessed subject to call. h House of Representatives radio broadcasters of the prohibitions against trans- Chamber Action mission of obscene, indecent, and profane material. Measures Introduced: 30 public bills, H.R. Page H1035 3936–3965; and 9 resolutions, H.J. Res. 89–90; H. The amendment in the nature of a substitute rec- Con. Res. 382–384, and H. Res. 557–560, were in- ommended by the Committee on Energy and Com- troduced. Page H1070 merce now printed in the bill was considered as an Additional Cosponsors: Page H1072 original bill for the purpose of amendment. Page H1034 Reports Filed: Reports were filed today as follows: Agreed to: H.R. 3261, to prohibit the misappropriation of Upton amendment that preserves a licensee’s right certain databases, amended adverse (H. Rept. of a license to appeal a forfeiture order issued by the 108–421, Pt. 2). Page H1070 FCC for the broadcast of obscene, indecent, or pro- Broadcast Decency Enforcement Act of 2004: fane material before the existence of such an order The House passed H.R. 3717, to increase the pen- can be used in a license application proceeding, re- alties for violations by television and radio broad- newal proceeding, or revocation proceeding and also casters of the prohibitions against transmission of requires the FCC to provide Congress with informa- obscene, indecent, and profane language, by a re- tion related to the number of times that violators corded vote of 391 ayes to 22 noes with one voting refuse to pay a forfeiture order and that the FCC re- ‘‘present’’, Roll No. 55. Pages H1015–35 fers such orders to collections; and Pages H1033–34 Agreed to amend the title so as to read: to in- Sessions amendment that directs the GAO to crease the penalties for violations by television and study and report within one year the number of complaints concerning the broadcasting of obscene,

VerDate jul 14 2003 02:35 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D11MR4.PT2 D11MR4 D226 CONGRESSIONAL RECORD — DAILY DIGEST March 11, 2004 indecent, and profane material to the FCC the; num- PEANUT PROGRAM ber of such complaints that result in final agency ac- Committee on Agriculture: Subcommittee on Speciality tions by the FCC; the length of time taken by the Crops and Foreign Agriculture Programs held a FCC in responding to such complaints; what mecha- hearing to review the Peanut Program. Testimony nisms the Commission has established to receive, in- was heard from Floyd Gaibler, Under Secretary, vestigate, and respond to such complaints; and Farm and Foreign Agricultural Services, USDA; and whether complainants to the FCC are adequately in- public witnesses. formed by the FCC of the responses to their com- plaints. Page H1034 AGRICULTURE, RURAL DEVELOPMENT, H. Res. 554, the rule providing for consideration FDA AND RELATED AGENCIES of the bill was agreed to by voice vote. APPROPRIATIONS Pages H1015–19 Committee on Appropriations: Subcommittee on Agri- Suspensions: The House agreed to suspend the rules culture, Rural Development, Food and Drug Admin- and pass the following measures: istration and Related Agencies held a hearing on the FDA. Testimony was heard from the following offi- Commending India on its celebration of Repub- cials of the FDA, Department of Health and Human lic Day: Debated on March 10, H. Con. Res. 15, Services: Lester M. Crawford, Acting Commissioner; commending India on its celebration of Republic Jeffrey M. Weber, Associate Commissioner, Manage- Day, by a 2⁄3 yea-and-nay vote of 418 yeas with none ment and Chief Financial Officer; and William R. voting ‘‘nay’’, Roll No. 56; and Pages H1035–36 Beldon, Acting Deputy Assistant Secretary, Budget. Expressing the condolences of the House for the COMMERCE, STATE, JUSTICE, JUDICIARY untimely death of Macedonian President Boris AND RELATED AGENCIES Trajkovski: Debated on March 10, H. Res. 540, ex- APPROPRIATIONS pressing the condolences and deepest sympathies of the House of Representatives for the untimely death Committee on Appropriations: Subcommittee on Com- of Macedonian President Boris Trajkovski, by a 2⁄3 merce, State, Justice, Judiciary and Related Agencies yea-and-nay vote of 411 yeas to with none voting held a hearing on the Federal Judiciary. Testimony ‘‘nay’’, Roll No. 57. Pages H1036–37 was heard from Leonidas Ralph Mecham, Director, Administrative Office of the United States Courts; Meeting Hour: Agreed that when the House ad- and Chief Judge John Heyburn, Chairman, Budget journ today, it adjourn to meet at noon on Friday, Committee, Judicial Conference of the United States. March 12, and further that when it adjourn to meet at 12:30 p.m. on Tuesday, March 16 for Morning- ENERGY AND WATER DEVELOPMENT Hour debate. Page H1069 APPROPRIATIONS Calendar Wednesday: Agreed to dispense with the Committee on Appropriations: Subcommittee on Energy Calendar Wednesday business of Wednesday, March and Water Development held a hearing on the Sec- 17. Page H1069 retary of Energy. Testimony was heard from Spencer Senate Adjournment: Agreed to S. Con. Res. 98, Abraham, Secretary of Energy. providing for a conditional adjournment or recess of HOMELAND SECURITY APPROPRIATIONS the Senate. Page H1057 Committee on Appropriations: Subcommittee on Home- Presidential Message: Read a letter from the Presi- land Security held a hearing on Border and Trans- dent wherein he notified Congress of the continu- portation Security. Testimony was heard from Asa ation of the National Emergency with Respect to Hutchinson, Under Secretary, Border and Transpor- Iran—referred to the Committee on International tation Security, Department of Homeland Security. Relations and ordered to be printed (108–173). The Subcommittee also held a hearing on the Act- Page H1045 ing Administrator, Transportation Security Adminis- Senate Messages: Messages from the Senate today tration. Testimony was heard from ADM David appear on page H1013. Stone, USN, (Ret.), Acting Administrator, Transpor- tation Security Administration, Department of Quorum Calls—Votes: Two yea-and-nay votes and Homeland Security. one recorded vote developed during the proceedings today and appear on pages H1035, H1035–36, and LABOR, HHS, EDUCATION AND RELATED H1036–37. There were no quorum calls. AGENCIES APPROPRIATIONS Adjournment: The House met at 10 a.m. and ad- Committee on Appropriations: Subcommittee on Labor, journed at 6:18 p.m.Committee Meetings Health and Human Services, Education and Related

VerDate jul 14 2003 02:35 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D11MR4.PT2 D11MR4 March 11, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D227 Agencies held a hearing on the Secretary of Edu- ations Command Oversight. Testimony was heard cation. Testimony was heard from Rodney Paige, from the following officials of the Department of Secretary of Education. Defense: Thomas W. O’Connell, Assistant Secretary, VA, HUD AND INDEPENDENT AGENCIES Special Operations and Low-Intensity Conflict; GEN APPROPRIATIONS Bryan D. Brown, USA, Commander, U.S. Special Operations Command; LTG Philip Kensinger, USA, Committee on Appropriations: Subcommittee on VA, Commanding General, U.S. Army Special Operations HUD and Independent Agencies continued appro- Command; LTG Paul Hester, USAF, Commander, priation hearings. Testimony was heard from Mem- Air Force Special Operations Command; RADM Al- bers of Congress. bert Calland, USN, Commander, Naval Special War- NATIONAL DEFENSE AUTHORIZATION fare Command; and Command CMSgt Robert BUDGET REQUEST—NAVY RESEARCH AND Martens, Jr., U.S. Air Force, Senior Enlisted Advisor, DEVELOPMENT U.S. Special Operations Command. Committee on Armed Services: Subcommittee on Projec- BUDGET RESOLUTION tion Forces held a hearing on the Fiscal Year 2005 Committee on the Budget: Began markup of the Budget National Defense Authorization Budget Request— Resolution for Fiscal Year 2005. Navy Research and Development, Transformation Committee recessed subject to call. and Future Navy Capabilities. Testimony was heard from the following officials of the Department of the CHANGING NATURE OF THE ECONOMY— Navy: John J. Young, Assistant Secretary (Research, CRITICAL ROLES OF EDUCATION AND Development and Acquisition); VADM John B. Na- INNOVATION than, USN, Deputy Chief of Naval Operations (N–7) Committee on Education and the Workforce: Held a hear- (Warfare Requirements and Programs); VADM Cut- ing entitled ‘‘The Changing Nature of the Economy: ler J. Dawson, Jr., Deputy Chief of Naval Operations The Critical Roles of Education and Innovation in (N–8) (Resources, Requirements, and Assessments); Creating Jobs & Opportunity in a Knowledge Econ- LTG Edward Hanlon, Jr., USMC, Commanding omy.’’ Testimony was heard from Alan Greenspan, General, Marine Corps Combat Development Com- Chairman, Board of Governors, Federal Reserve Sys- mand; and RADM Jay M. Cohen, USN, Chief of tem; and public witnesses. Naval Research, Director, Test and Evaluation and COLLEGE RECRUITING—ARE STUDENT Technology Requirements. ATHLETES BEING PROTECTED? NATIONAL DEFENSE AUTHORIZATION Committee on Energy and Commerce: Subcommittee on BUDGET REQUEST—ASSESSING Commerce, Trade and Consumer Protection held a ADEQUACY TO MEET READINESS NEEDS hearing entitled ‘‘College Recruiting: Are Student Committee on Armed Services: Subcommittee on Readi- Athletes Being Protected?’’ Testimony was heard ness held a hearing on the Fiscal Year 2005 National from Representative Osborne; and public witnesses. Defense Authorization Budget Request—Assessing IRAQ—REBUILDING CHALLENGES the Adequacy of the Fiscal Year 2005 Budget to Meet Readiness Needs. Testimony was heard from Committee on Government Reform: Held a hearing on the following officials of the Department of Defense: the Complex Task of Coordinating Contracts Amid GEN George Casey, USA, Vice Chief of Staff, Army, Chaos: The Challenges of Rebuilding a Broken Iraq. Headquarters, Department of the Army; ADM Mi- Testimony was heard from the following officials of chael G. Mullen, USN, Vice Chief of Naval Oper- the Department of Defense: MG Carl A. Strock, ations and LTG Jan C. Huly, USMC, Deputy Com- USA, Director, Civil Works, Army Corps of Engi- mander, Plans, Policy and Operations, U.S. Marine neers; GEN Paul J. Kern, USA, Commanding Gen- Corps, both with the Department of the Navy; and eral, U.S. Army Material Command; MG Wade H. GEN T. Michael Moseley, USAF, Vice Chief of McManus, Jr., USA, Commanding General, U.S. Staff, Air Force, Headquarters, U.S. Air Force. Army Field Support Command; Tina Ballard, Dep- uty Assistant Secretary, Army (Policy and Procure- NATIONAL DEFENSE AUTHORIZATION ment); Dov S. Zakheim, Under Secretary, (Comp- BUDGET REQUEST—SPECIAL OPERATIONS troller) and Chief Financial Officer; William H. COMMAND OVERSIGHT Reed, Director, Defense Contract Audit Agency; and Committee on Armed Services: Subcommittee on Ter- RADM David Nash, USN (Ret.), Director, Iraq Pro- rorism, Unconventional Threats and Capabilities gram Management Office, Coalition Provisional Au- held a hearing on the Fiscal Year 2005 National De- thority; and Lewis Lucke, Deputy Assistant Admin- fense Authorization Budget Request—Special Oper- istrator, AID, Department of State.

VerDate jul 14 2003 02:35 Mar 13, 2004 Jkt 029060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D11MR4.PT2 D11MR4 D228 CONGRESSIONAL RECORD — DAILY DIGEST March 11, 2004 ‘‘CERVICAL CANCER AND HUMAN CURRENT BUDGET PROCESS—CONSIDER PAPILLOMAVIRUS’’ NEW REFORM AND ENFORCEMENT Committee on Government Reform: Subcommittee on PROPOSALS Criminal Justice, Drug Policy and Human Resources Committee on Rules: Subcommittee on Legislative and held a hearing entitled ‘‘Cervical Cancer and Human Budget Process held a hearing to assess the effective- Papillomavirus.’’ Testimony was heard from Rep- ness of the current budget process and consider new resentative Weldon of Florida; the following officials reform and enforcement proposals. Testimony was of the Department of Health and Human Services: heard from Representatives Hensarling, Ryan of Ed. Thompson, M.D., Deputy Director, Public Wisconsin, Chocola, Stenholm, Hill, Kirk, Hastings Health Services, Centers for Disease Control and Pre- of Washington, Castle and Cox; and Josh Bolten, vention; Edward L. Trimble, M.D., Gynecologic Director, OMB. Oncologist, National Cancer Institute, NIH; and Daniel G. Schultz, M.D., Director, Office of Device EPA BUDGET Evaluation, Center for Devices and Radiologic Health, FDA; and public witnesses. Committee on Science: Subcommittee on Environment, Technology, and Standards held a hearing on the SUDAN: PEACE AGREEMENT AROUND THE Fiscal Year EPA Budget. Testimony was heard from CORNER? Clay Johnson III, Deputy Director, Management, Committee on International Relations: Subcommittee on OMB; Paul Gilman, Assistant Administrator, Re- Africa held a hearing on Sudan: Peace Agreement search and Development, EPA; Paul Posner, Man- Around the Corner? Testimony was heard from the aging Director, Natural Resources and Environment, following officials ofthe Department of State: Charles GAO; and public witnesses. R. Snyder, Acting Assistant Secretary, Bureau of Af- rican Affairs; and Roger P. Winter, Assistant Ad- VA’S POST-TRAUMATIC STRESS DISORDER ministrator, Democracy, Conflict and Humanitarian PROGRAMS STATUS Assistance, AID; and public witnesses. Committee on Veterans’ Affairs: Subcommittee on Health held a hearing on the current status of De- OVERSIGHT—COPYRIGHT ACT partment of Veterans’ post-traumatic stress disorder Committee on the Judiciary: Subcommittee on Courts, (PTSD) programs. Testimony was heard from the the Internet, and Intellectual Property held an over- following officials of the Department of Veterans Af- sight hearing on Section 115 of the Copyright Act: fairs: Robert H. Roswell, M.D., Under Secretary, In Need of Update? Testimony was heard from Health; Thomas Horvath, M.D., Chief of Staff, Mi- Marybeth Peters, Register of Copyrights, Library of chael E. DeBakey Veterans Affairs Medical Center; Congress; and public witnesses. Terence Keane, Director, National Center for Post- Traumatic Stress Disorder, Boston Health Care Sys- OVERSIGHT—IMMIGRATION FUNDING tem; Harold Kudler, M.D., Co-Chair, Under Sec- Committee on the Judiciay: Subcommittee on Immigra- retary, Health’s Special Committee on PTSD, Dur- tion, Border Security, and Claims held an oversight ham Medical Center; Chaplain Robert W. Mikol, hearing entitled ‘‘Funding for Immigration in the Clinical Chaplain, Lyons Campus, New Jersey President’s 2005 Budget.’’ Testimony was heard Health Care System; and Rev. Philip G. Salois, from public witnesses. VISN 1 Chaplain Program Manager, Boston Health Care System; the following officials of the Depart- OVERSIGHT—BUDGET REQUESTS—NOAA ment of Defense: LTC Kenneth Brown, Chaplain, AND FISH AND WILDLIFE SERVICE U.S. Army; LT Charles E. Hodges, Chaplain Corps, Committee on Resources: Subcommittee on Fisheries U.S. Naval Reserve; and CDR Mark Jumper, Staff Conservation, Wildlife and Oceans held an oversight Chaplain, U.S. Coast Guard Academy; representa- hearing on the Administration’s Fiscal Year 2005 tives of veterans organizations; and public witnesses. budget requests for NOAA and the U.S. Fish and Wildlife Service. Testimony was heard from VADM PRESIDENT’S TRADE AGENDA Conrad C. Lautenbacher, Jr., USN, (Ret.), Under Committee on Ways and Means: Held a hearing on Secretary, Oceans and Atmosphere, NOAA, Depart- President Bush’s Trade Agenda. Testimony was ment of Commerce; and Steven A. Williams, Direc- heard from Robert B. Zoellick, U.S. Trade Rep- tor, U.S. Fish and Wildlife Service, Department of the Interior. resentative.

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NATIONAL RECONNAISSANCE PROGRAM Global Intelligence Update. The Subcommittee was BUDGET briefed by departmental witnesses. Permanent Select Committee on Intelligence: Met in execu- f tive session to hold a hearing on National Recon- COMMITTEE MEETINGS FOR FRIDAY, naissance Program Budget. Testimony was heard MARCH 12, 2004 from departmental witnesses. (Committee meetings are open unless otherwise indicated) BRIEFING—GLOBAL INTELLIGENCE Senate UPDATE No meetings/hearings scheduled. Permanent Select Committee on Intelligence: Sub- committee on Intelligence Policy and National Secu- House rity met in executive session to receive a briefing on No committee meetings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, March 12 12 noon, Friday, March 12

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Friday: To be announced. ing business.

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