Senate MONDAY, FEBRUARY 2, 2004

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, MONDAY, FEBRUARY 2, 2004 No. 10 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, February 3, 2004, at 12:30 p.m. Senate MONDAY, FEBRUARY 2, 2004

The Senate met at 1 p.m. and was lic for which it stands, one nation under God, Mr. FRIST. At 3 p.m. the Senate will called to order by the Honorable indivisible, with liberty and justice for all. resume consideration of the motion to WAYNE ALLARD, a Senator from the f proceed to S. 1072, the highway funding State of Colorado. APPOINTMENT OF ACTING bill. Last week we attempted to reach The PRESIDING OFFICER. Today’s PRESIDENT PRO TEMPORE a consent agreement to begin consider- prayer will be offered by guest Chap- ation of the highway bill today. Unfor- lain Reverend Clint W. Decker, Clay The PRESIDING OFFICER. The tunately, there was an objection to Center Wesleyan Church, Clay Center, clerk will please read a communication proceeding; therefore, I filed cloture on KS. to the Senate from the President pro the motion to proceed. That cloture tempore (Mr. STEVENS). vote will occur at 5:45 p.m. today. I PRAYER The legislative clerk read the fol- hope cloture will be invoked and the lowing letter: The guest Chaplain offered the fol- Senate will be able to begin consider- lowing prayer: U.S. SENATE, ation of this important bill this PRESIDENT PRO TEMPORE, Let us pray. evening. This is a major piece of legis- Washington, DC, February 2, 2004. lation which will not only secure Father in heaven, holy is Your name. To the Senate: I seek Your blessings on behalf of our Under the provisions of rule I, paragraph 3, America’s infrastructure but also cre- Nation and its leaders. May our Sen- of the Standing Rules of the Senate, I hereby ate jobs. There will be a lot of discus- ators draw near to You and experience appoint the Honorable WAYNE ALLARD, a sion and debate. I anticipate that this Your unconditional love. May each Senator from the State of Colorado, to per- bill will take both this week and next seek Your divine guidance for the hard form the duties of the Chair. week—that is the next 2 weeks—to TED STEVENS, decisions they face today. complete. President pro tempore. Having said that, we need to begin Grant us all a holy desire to study the debate and allow the Senate to scripture, pray, and seek Your plan for Mr. ALLARD thereupon assumed the work its will on the amendments of- our lives. In Your unfolding mercy, Chair as Acting President pro tempore. fered. Several of the committees are strengthen marriages, sustain vital re- f continuing their efforts on their relationships, and grant peace to each RECOGNITION OF THE MAJORITY spective pieces of this highway bill and every home. LEADER today and tomorrow, but that should God, bring a spiritual awakening The ACTING PRESIDENT pro tem- not delay us from beginning to con- across this land that every citizen of pore. The majority leader is recog- sider this important measure. As I this great country would know Your nized. have said, there will be adequate time love and mercy as it transforms their f to consider this bill on the floor, and lives, heals their wounds, and creates Members will have the opportunity to SCHEDULE hope in hungry hearts. offer amendments. I pray this in the name of Jesus, my Mr. FRIST. Mr. President, today the On another subject, last week the Lord. Amen. Senate will be in a period of morning Senate passed the pension rate reform f business until 2 p.m. At this juncture, bill by a large bipartisan vote of 86 to I ask unanimous consent that we ex- 9. The vote in the House on their PLEDGE OF ALLEGIANCE tend morning business, with the time version of the bill was 397 to 2. Now it The Honorable WAYNE ALLARD led equally divided, until 3 p.m. today. is time for us to appoint conferees and the Pledge of Allegiance, as follows: The ACTING PRESIDENT pro tem- to go to conference to reconcile the dif- I pledge allegiance to the Flag of the pore. Without objection, it is so or- ferences. The Senate bill has been United States of America, and to the Repub- dered. passed. The House bill has been passed.

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

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VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S336 CONGRESSIONAL RECORD — SENATE February 2, 2004 Now we want to appoint conferees so The success of these companies is de- speeds have actually declined since 1997 we can go to conference and reconcile pendent on the quality of our Nation’s as trains are older and we are using those differences. infrastructure. slower rail systems. As daily com- Unfortunately, there has been an ob- Around the Nation, America’s trans- muters can testify, trains are getting jection on the other side of the aisle to portation infrastructure is deterio- more and more crowded as well. proceeding. I again urge the Demo- rating badly and becoming painfully The Department of Transportation cratic leadership to allow us to appoint overcrowded. America’s roads espe- warns that as the Nation’s population conferees so we can begin the process. cially are not keeping up. You can ask continues to increase and more people The large bipartisan vote on passage of any American commuter. There is live in urban areas, the need for invest- this legislation in this body as well as bumper-to-bumper traffic, not just dur- ment in transit infrastructure will con- in the House indicates we are all willing rush hour but all day long. Indeed, tinue to grow. ing to work together, and I hope we in our Nation’s urban areas, traffic Finally, the bill we have before us can continue and progress toward a delays have more than tripled over the that we will begin to consider is the re- conference of agreement. past 20 years. That is not just in the sult of a long bipartisan process. It is On another note, I remind my col- larger cities—New York, Atlanta, Los based on more than 2 years of work, in- leagues that on Wednesday of this Angeles. In Raleigh-Durham, com- cluding 13 hearings and testimony from week, President Aznar of Spain will ad- muting time has gone up nearly 25 per- over 100 witnesses. The highway bill is dress a joint meeting of Congress. cent in 10 years. In Charlotte, traffic a fair and comprehensive package that President Aznar will begin his speech congestion has added 39 additional will benefit the entire Nation. From at 11 a.m. Therefore, Members are commuting hours per year, the equiva- highways and bridges to bike paths, asked to gather in the Senate Chamber lent of nearly an entire week stuck in this bill will make our transportation at 10:40 so that we may leave as a body traffic. safer, more efficient, and will stimu- for the House Chamber to hear that ad- In Tennessee, traffic congestion has late job creation. Indeed, it is esti- dress. increased in all our major metropoli- mated that the highway bill under con- f tan areas. In my hometown of Nash- sideration will add a whopping 2 mil- ville, commuters drive an average of 32 IMPORTANCE OF S. 1072 lion jobs to the economy. miles per day. Metropolitan planning Our vast and interconnecting high- Mr. FRIST. Mr. President, I would organizations are struggling to meet ways are emblematic of our great like to take a few minutes to comment demand. American spirit, our love of adventure, on the importance of proceeding to the It is estimated that Americans suffer and our drive toward the unknown. Our highway bill which will be the focus of through more than 3.6 billion hours in highways, our bridges, our roads, our this institution over the next 2 weeks. delays and waste over 5.7 billion gal- ports, and our trains are in fact very At 5:45 today we will have the cloture lons of fuel per year just sitting in traf- much the physical expression of the vote on the motion to proceed to the fic. These transportation delays ripple very name we bear, uniting the States highway bill. I do hope cloture will be through our Nation’s economic sector of America. I urge my colleagues to invoked and we will be able to begin and result in lost productivity, lost take swift action to pass this legisla- consideration of this vitally important wages, and lost jobs. tion. We must work together to con- bill. We cannot ask our fellow citizens to tinue to move America forward. In the next few moments, I want to join the great American workforce and I yield the floor. share why I believe this bill is so im- then stand idly by while our roads portant to us, to the American people decay and that daily commute to work f and, thus, we need to invoke cloture. stretches from minutes into hours. It is RESERVATION OF LEADER TIME There is broad support for this legisla- a jobs issue. This bill is a quality-of- The ACTING PRESIDENT pro tem- tion here in the Senate as well as all life issue, and it is a serious safety pore. Under the previous order, the across America. We will spend the next issue as well. More time on the road leadership time is reserved. couple of weeks considering it on the translates into more accidents; 41,000 Senate floor. A number of Senate com- travelers are killed each year on our f mittees are involved in this important worsening roads, and over 3 million RECOGNITION OF THE bill, including the Environment and people are injured. DEMOCRATIC LEADER Public Works Committee, the Com- As our highways become more and merce Committee, the Banking Com- more congested, drivers begin to take The ACTING PRESIDENT pro tem- mittee, the Finance Committee—all alternate routes on town streets, which pore. The Democratic leader is recog- have vital and critical pieces of this we know exposes them to even greater nized. bill. We will work through their var- danger. Passing the highway bill is life- f ious committee amendments over the saving. It will save an estimated 4,000 next 2 weeks. lives each year by simply improving PASSING S. 1072 It is key that we focus our full atten- our roads and educating the public Mr. DASCHLE. Mr. President, I com- tion on this legislation. America’s about road safety. In Tennessee, our mend the distinguished majority leader transportation infrastructure is crucial State highway department is investing for his statement on the importance of to our vibrant economy, to our growing in measures to reduce traffic-related the legislation that will soon be pend- economy today. America is interlaced fatalities. States across the country ing. He and I have had a number of dis- with over 4 million miles of roads and will need additional resources to make cussions about the legislation and the highways. Our transportation infra- similar improvements. need to proceed. I applaud him for his structure is estimated to be worth Passing the highway bill will also im- leadership in making sure the Senate more than $1.75 trillion. The interstate prove the mass transit system that is has an opportunity to complete its highway system has often been called so vital to our thriving urban centers. work on this bill at the earliest pos- the greatest public works project in With new and modernized vehicles and sible time. He has very persuasively ar- history. Every $1 billion we invest in facilities, mass transit is gaining in ticulated why this legislation is impor- transportation infrastructure gen- popularity. The Department of Trans- tant not only for the State of Ten- erates more than $2 billion in economic portation reports that from 1997 to nessee but for the country. I will have activity and creates more than 47,000 2000, passenger mileage on mass transit a lot more to say about the bill in the new jobs. increased by 125 percent. More people coming days. But I hope that in spite Our roads, our ports, our railroads are using trains more frequently not of the differences there may be with re- are vital to America’s economic suc- just to get to work but to run errands gard to allocation, priorities, and pol- cess. We know this well in my home and to travel. Passenger mileage on icy, we can find a way to work together State of Tennessee where companies trains has gone up 16 percent. But like on this bill and complete our work per- such as Federal Express, Averitt Ex- our roads, our transit system is not haps as early as a week from this com- press, and U.S. Express are located. keeping up. Average rail operating ing Friday. I think it is doable.

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 2, 2004 CONGRESSIONAL RECORD — SENATE S337 I have pledged to the distinguished THE NEED FOR INTELLIGENCE Terrorists must be found before their majority leader that we are going to do REFORM strikes. This will require intelligence agents all we can to complete our work in capable of penetrating their cells to provide Mr. GRAHAM of Florida. Mr. Presi- intelligence early enough to frustrate the that timeframe. That will take co- dent, as Chairman of the Senate Select terrorists’ intentions; operation and it will take efficient use Committee on Intelligence during most If preventive or pre-emptive military ac- of the next 2 weeks. I think it is do- of the 107th Congress, I worked with tions are to be a central part of our national able. I am very hopeful that by work- colleagues from the House and Senate security strategy, to maintain its credibility of those actions with the American people ing together we can recognize this is to accept the responsibility of review- one of the most important opportuni- and the world, will require the support of the ing the horrific events that struck our most credible intelligence; ties not only for our investment in in- Nation’s symbols of commerce and se- If we are to frustrate the proliferation of frastructure, but for the creation of curity on September 11, 2001, claiming weapons of mass destruction, America must good jobs and what it can mean in the the lives of nearly 3,000 Americans. provide an intelligence capability for all of longer term for the economy. This is a From New York City and the Pentagon those regions of the world which are suspect. good moment for all people involved. I to a field in rural Pennsylvania, 9–11 Now, as never before, intelligence just hope we seize the moment and do demonstrated the vulnerabilities of our matters. all we can to successfully complete our free society. In responding to the events of 9–11, work. But in my view, and after the careful Congress created a joint committee f review of the Intelligence Committees, consisting of the House and Senate In- telligence Committees. A bipartisan, CONGRATULATING SOUTH DAKOTA the most tragic aspect of this day never to be forgotten is that it could bicameral panel of this type had never NATIVE ADAM VINATIERI OF before been formed in the 213 years of THE NEW ENGLAND PATRIOTS have been prevented. Had our intelligence agencies been better organized the U.S. Congress. Our effort reflected Mr. DASCHLE. Mr. President, I con- and more focused on the problem of the unique circumstances and the na- gratulate a South Dakota native, international terrorism—particularly tional unity we all felt in the imme- Adam Vinatieri, on yet another Super Osama bin Laden—September 11th diate aftermath of 9–11. One of the principal reasons for con- Bowl-winning field goal. would have been prevented. ducting the inquiry in this way was to These are the kinds of heroics South I also have concluded that, had the give our recommendations the max- Dakotans and New England Patriot President and the Congress initiated imum credibility, above the usual cries fans have come to expect from Adam. the reforms that our joint inquiry rec- of partisanship that frequently taint Growing up in Rapid City, Adam let- ommended, we might well have avoided tered in football, soccer, track, and the work of congressional committees. the embarrassment of the flawed intel- The importance of our task cannot be wrestling for the Central High School ligence on weapons of mass destruc- Cobblers. He was a 4-year letterman as understated. We sought to identify the tion—or the misleading use of that in- problems in the intelligence commu- a place-kicker at my alma mater, the telligence—which formed the basis of South Dakota State University Jack- nity that allowed the 9–11 attacks to go our war against Iraq. undetected and propose solutions to rabbits. He actually set the school Surely, the people of America would record for points scored. those problems. be safer today had these reforms been In the end, we were successful in In the last 30 years, only twice has undertaken. identifying the problems because we all the Super Bowl been won by a last-sec- So today, and in remarks in the next understood how much was at stake and ond field goal. On both of these occa- 2 days, I would like to review with my that our enemy would not rest while sions, the kicker was Adam Vinatieri. colleagues the conclusions of the we attempted to fix our problems. We Once again—and certainly not for the House-Senate joint inquiry. were less successful in securing consid- last time—he has brought pride to his We have learned that intelligence eration of the solutions from the intel- State and joy to Patriot fans every- failures played a central role in the ligence agencies, the White House, and where. I congratulate him. events of 9–11. Let me illustrate some the Congress. I thank the Presiding Officer, and I of those failures: The fact that we conducted this bi- yield the floor. The Central Intelligence Agency, partisan, bicameral inquiry and sub- f CIA, was tracking two of the hijackers mitted recommendations creates a new and knew that they had been to a sum- MORNING BUSINESS heightened level of congressional remit meeting of terrorists in Malaysia sponsibility. If the terrorists are suc- The ACTING PRESIDENT pro tem- in early January of 2000. However, the cessful in another attack in the United pore. Under the previous order, there CIA failed to inform the Federal Bu- States, the American people will de- will now be a period for the transaction reau of Investigation, FBI, the Federal mand to know what the institutions of of morning business, with the time Aviation Administration, FAA, the Im- government learned from 9–11, and how until 3 p.m. equally divided between migration and Naturalization Service, the intelligence agencies, the White the two leaders or their designees, with INS, or Customs officials that these in- House, and the Congress used that the Senator from Florida, Mr. GRAHAM, dividuals were on their way to the knowledge to harden the United States controlling the time allocated to the United States. The result is that when against future terrorist attacks. Con- minority. The Senator from Nevada. they arrived on a commercial airliner gress was largely able to avoid ac- Mr. REID. Mr. President, we want to in the United States in order to exe- countability for 9–11. Mark my words: make sure Senator GRAHAM has all the cute their dastardly plan, they were There will be no avoidance of responsi- time he needs for the remarks he wish- welcomed into our country by unwit- bility for the next attack. es to make. He is going to be finished ting entry agents. There will be no avoiding responsi- around 2 o’clock, and then time will be These same two hijackers were living bility for the President. September 11, controlled by either Senator DASCHLE with an FBI asset, but the informant 2001, was a wake up call—it told us we or his designee. You said all time failed to ask basic questions. Others in had severe deficiencies in our intel- would be controlled by the Senator the FBI recognized the danger of Is- ligence community. If 9–11 was a wake from Florida. lamic extremists using airplanes as up call, the failure to find weapons of The ACTING PRESIDENT pro tem- weapons of mass destruction, but their mass destruction in Iraq was a report pore. That is correct, and the remain- warnings were ignored by superiors. card on how far we have come since 9– der of the time will revert to the lead- Still others failed to understand the 11 in correcting the problems in our in- er. legal avenues available to them that telligence community. The grade we Mr. REID. I ask unanimous consent may have allowed available investiga- received on that report card is F. The that be the case. tive techniques to be used to avert the President and Congress have failed to The ACTING PRESIDENT pro tem- 9–11 plot. initiate the reforms recommended by a pore. Without objection, it is so or- Current national security strategy series of review panels and our bipar- dered. The Chair recognizes the Sen- demands more accurate intelligence tisan, bicameral joint committee of in- ator from Florida. than ever before: quiry.

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S338 CONGRESSIONAL RECORD — SENATE February 2, 2004 This failure of the President and the reported to the House and Senate Intel- years after the Hart-Rudman Commis- Congress has contributed to yet an- ligence Committees on an annual sion had made its recommendation suf- other intelligence failure. basis.’’ ficient progress had not been made in What troubles me more than the It was very clear from the work of setting national intelligence priorities. President’s unwillingness to make the the joint inquiry that the intelligence Therefore, we included a recommenda- necessary changes is his unwillingness community had not adapted or changed tion on this point. Our investigation to even admit that our Nation has a its intelligence priorities to reflect the determined that the failure to have problem. Just last week, the President changing nature of the world. While clear, consistent and current intel- responded to questions about the inac- some modifications had been made ligence priorities that were understood curacies of his statements about Iraq’s since the end of the Cold War, our in- by the entire intelligence community WMD capability by saying he has telligence priorities remained states was a significant contributing factor to ‘‘great confidence in our intelligence like Russia, China, Iran and Iraq. In the failure of intelligence on 9–11. community.’’ How can he have great spite of the fact that George Tenet, the Since the joint inquiry issued its re- confidence in our intelligence commu- Director of Central Intelligence, had port, some progress has been made in nity after it has been proven confused declared war on al-Qaida in 1998, al- establishing a systematic process for before September 11 and completely Qaida was not at or even near the top establishing intelligence priorities. wrong on the threat posed by Iraq? of the intelligence priority list on Sep- However, it is not clear that these pri- The expected appointment by the tember 11, 2001. Only on September 12, orities are being communicated to the President of a commission to review 2001, did al-Qaida become priority num- domestic intelligence agencies respon- the intelligence on which the war in ber one. sible for our security here at home. Iraq was predicated is not an excuse to It was also clear from our investiga- Recommendation No. 3 focuses its di- delay reform of America’s intelligence tion that there was no formal process rective on the counter terrorism components of the intelligence, military, community. Rather, I am concerned for regularly updating and reviewing law enforcement, and homeland secu- that it appears as though the goal is intelligence priorities to ensure that they reflected changes in the security rity agencies, which will be key in simply to avoid political account- environment. Bureaucratic inertia counter terrorism. This recommenda- ability and embarrassment. America worked to keep old priorities on the tion directs the National Security continues to be in a state of denial. A list long after they should have Council to ‘‘prepare, for the President’s White House aide was quoted over the dropped down in favor of emerging approval, a U.S. government-wide weekend as saying, ‘‘We cannot afford threats. While George Tenet may have strategy for combating terrorism, both another one of those’’—referring to the recognized that non-state actors like at home and abroad, including the public outcry after the misstatement al-Qaida needed more attention, this growing terrorism threat posed by pro- of intelligence in the 2003 State of the was not widely known or accepted liferation of weapons of mass destruc- Union speech. throughout the Intelligence Commu- tion and associated technologies.’’ It has now been more than a year nity that he heads. When asked if he There should be an intelligence com- since the joint inquiry made its rec- was aware that George Tenet had de- ponent of this strategy that identifies ommendations. This is a good time to clared war on al-Qaida in 1998, a former domestic and foreign based threat lev- review the progress made in imple- director of the National Security Agen- els, programs, plans and budgets to ad- menting those recommendations and to cy, NSA, our Nation’s electronic eaves- dress the threat posed by Osama bin identify critical areas of reform that dropping agency, responded that yes, Laden and al-Qaida, Hezbollah, Hamas, have not yet been addressed. Unfortu- he was aware that George Tenet had and other international terrorist nately, this is not going to be a report said that, but he did not think it ap- groups. The strategy should include card that we would like to show to our plied to him or his organization. specific efforts to improve human in- parents—or to our voters. There has A formal process that was clearly un- telligence, better utilize technology to been little accomplished with regard to derstood throughout our government analyze and share data, enhance do- most of the recommendations. would have prevented some of the prob- mestic intelligence, maximize the ef- The joint inquiry report made nine- lems we identified. One example in- fective use of covert action, which is teen recommendations for reform. volves the Predator unmanned aerial action taken by the United States Gov- Today I would like to discuss those rec- vehicle, a pilotless drone capable of ernment where the role of the United ommendations that fall into the cat- long-duration flight and armed with States is hidden, develop programs to egory of specific actions to combat ter- high resolution cameras and an ability deal with terrorist financing, and fa- rorism. to fire missiles at targets on the cilitate the ability of CIA and military In speeches on Tuesday and Wednes- ground. The Predator has proven to be special operations forces to conduct day, I will deal with those that involve one of the most effective intelligence joint operations against terrorist tar- intelligence community reform and collection assets we have in the war on gets. those that deal with the FBI and the terror. Unfortunately, it took far too The joint inquiry found that there Foreign Intelligence Surveillance Act long to build the Predator because of was no commonly agreed-upon ap- process. internal disputes in the administra- proach among the federal agencies for Of the nineteen recommendations, tion. This type of aircraft was not a dealing with terrorism. Each agency or there are six that contain specific ac- priority for the Air Force and its pro- department seemed to have its own tions to combat terrorism. Rec- duction was therefore delayed several ideas about fighting terrorism, and ommendation No. 2 directs ‘‘the Na- months. The lack of established and ac- they were all independent actors. Suc- tional Security Council to expedite cepted intelligence priorities was a cess in the war on terror will require a their efforts to examine and revamp major cause of the delay in fielding the coherent, coordinated effort that can existing intelligence priorities.’’ It fur- Predator. only be accomplished by having every- ther directs the President to ‘‘take ac- This issue of setting new priorities one work toward a common goal out- tion to ensure that clear, consistent, was also raised by the National Com- lined in a national strategy. Prior to 9– and current priorities are established mission on National Security in the 11, the CIA was trying, albeit unsuc- and enforced throughout the Intel- 21st Century, also known as the Hart- cessfully, to penetrate foreign terrorist ligence Community. Once established, Rudman Commission. This Commis- organizations and disrupt their oper- these priorities should be reviewed and sion, which issued its final report in ations. Unfortunately at the FBI, updated on at least an annual basis to February of 2001, included a rec- fighting the war on terror meant calcu- ensure that the allocation of Intel- ommendation that ‘‘the President lating the threat by counting the num- ligence Community resources reflects order the setting of national intel- ber of known terrorists, not how many and effectively addresses the contin- ligence priorities through National Se- were estimated to have been placed in ually evolving threat environment. Fi- curity Council guidance to the Director American communities. The FBI was nally, the establishment of Intelligence of Central Intelligence.’’ waiting for acts of terror to occur and Community priorities, and the jus- Unfortunately, at the time the Joint then trying to arrest and convict the tification for such priorities, should be Inquiry issued its report almost 2 full guilty party.

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 2, 2004 CONGRESSIONAL RECORD — SENATE S339 The need for a national strategy to well as improving domestic intel- gard to terrorism analysis. There was combat terrorism has been the subject ligence collection. no individual who could coordinate a of several other commission reports. In response to the good work done by National Intelligence Estimate on ter- The Gilmore Commission, also known the Gilmore Commission and the rec- rorism, something that may have as the Advisory Panel to Assess Do- ommendation of our Joint Inquiry, a helped bring the seriousness of the mestic Response Capabilities for Ter- national strategy to combat terrorism threat posed by al-Qaida to members of rorism Involving Weapons of Mass De- was issued by the Bush Administration the intelligence community outside of struction, in its second report in De- in February of 2003. It is difficult to un- CIA. A National Intelligence Estimate cember of 2000, recommended that ‘‘the derstand how a President who claims is the highest level of intelligence next President should develop and that defeating terrorism is the prin- analysis produced by the intelligence present to the Congress a national ciple mission of his presidency took 17 community and represents the best es- strategy for combating terrorism with- months to produce a strategy to ac- timate of the entire intelligence com- in one year of assuming office.’’ complish that mission. And even the munity. The broad recommendation to de- strategy that was produced is inad- Without the establishment of this po- velop a national strategy, as well as equate when it comes to defining the sition, there is also a lack of outreach what should be included as specific intelligence components of that strat- to academia and the private sector on components of that strategy, is broadly egy. Instead, it calls on the intel- terrorism issues, something that is supported by virtually everyone who ligence community to review its capa- needed in this critical fight. We have has analyzed our intelligence capabili- bilities and make recommendations for national intelligence officers for each ties. improvement. Why would it take 17 geographic region as well as several In addition to the recommendation of months to task the intelligence com- crosscutting issues, such as conven- the Gilmore Commission calling for a munity to do such an assessment? tional military issues, strategic and national strategy to combat terrorism, The strategy that was produced after nuclear programs, and economics and other commissions have made rec- this long delay does not meet the re- global issues. It is a sign of the con- ommendations that are consistent with quirements published in the rec- tinuing lack of organizational restruc- the full joint inquiry recommendation ommendation of the joint inquiry. The turing to deal with the terrorist threat on developing a national strategy. For Bush administration’s strategy is not that we still have no national intel- instance, the Hart-Rudman Commis- so much a strategy as a list of objec- ligence officer for terrorism, yet we sion, the Gilmore Commission, and the tives. What is lacking is clear guidance have one for economics. This should Bremer Commission, also known as the on how we can achieve these objec- not be very hard to do, yet one full National Commission on Terrorism, in tives. What is also lacking is a level of year after issuing our recommenda- its report of June 2000, all made rec- specificity that will allow all agencies tions it has not been done. ommendations calling for improving in our government to work towards Recommendation No. 18 of the joint and intensifying our human intel- this common set of priorities and goals inquiry report calls on Congress and ligence efforts with respect to ter- through the common strategy. the administration to ensure the full rorism. Recommendation No. 4 calls for the development within the Department of We should remember that until the establishment of a National Intel- Homeland Security of an effective all- hijackers stood up on those four air- ligence Officer for Terrorism on the source terrorism information fusion planes and took control, it was as if National Intelligence Council. The Na- center. This center should have full ac- their plot had been undetected. It was tional Intelligence Council works di- cess to all terrorism related intel- as if their conspiracy represented no rectly for the Director of Central Intel- ligence and data, participate in the in- violations of American laws or regula- ligence and is responsible for providing telligence requirements process, and tions. Good intelligence is our prin- coordinated analysis of foreign policy ‘‘integrate intelligence information to ciple line of defense against these types issues for the President and other sen- identify and assess the nature and of terrorist plots. Only by penetrating ior policymakers. To date, no such po- scope of terrorist threats to the United these organizations and by bringing to- sition has been established. The lack of States in light of actual and potential gether all available raw intelligence a central coordinator for terrorism vulnerabilities.’’ into cohesive analytical products will analysis has been a continuing short- One example of an intelligence fusion we ever be able to feel confident that coming in the Intelligence Community. center that functions effectively is the we can avoid future tragedies. That is While there are some outstanding indi- Joint Interagency Task Force South in the only way we will get the timely, viduals doing analysis on terrorism in Key West, Florida. This organization accurate intelligence that is required several of the intelligence commu- fuses intelligence information from a to disrupt sophisticated modern ter- nity’s component organizations, there wide variety of sources in a single fa- rorist organizations like al-Qaida. Im- is no single focal point for policy- cility which is jointly manned by mili- proving our human intelligence capa- makers to direct analytical requests on tary, law enforcement, intelligence and bility must be Job Number One in re- terrorism. foreign government officials. What sponding to global terrorists. A more recent example of the need makes this organization particularly Penetrating these organizations will for an NIO for Terrorism is the debate effective is that it is able to directly require a new, more aggressive human over Iraq’s connection to al-Qaida. control operational activity to respond intelligence capability. Osama and his While the CIA consistently reported immediately to the intelligence it cohorts are unlikely to turn up at an that they had uncovered no reliable gathers. If it identifies a ship traveling embassy cocktail party. We must be evidence of any links between Saddam toward the United States that it be- capable of getting human sources close Hussein and al-Qaida, others in the lieves is carrying illegal narcotics, it to the leaders of these organizations. government—particularly at the De- can direct a Coast Guard vessel to John Walker Lindh was a misguided fense Department and the White intercept and search that ship. California college student who became House—made repeated statements The failure to bring together all the a member of al-Qaida and even met about a solid link. Implementing this available intelligence on terrorism and Osama bin Laden. Unfortunately, John recommendation would give us a point to analyze it in a way that is most use- Walker Lindh did not work for the CIA. of ultimate accountability. ful in preventing attacks was most evi- The Bremer Commission includes a The joint inquiry found that there dent in our inquiry. The FBI had smart recommendation to increase funding was some confusion as to who to go to agents working in field offices through- for technology development to exploit with intelligence queries on terrorism, out the country who identified trou- terrorist communications, and devotes and there was no arbiter within the bling trends, such as an unusual inter- an entire section to improving efforts community to help reconcile various est in flight training among some for- to attack terrorist financing. The Gil- approaches or conflicting analyses of eign visitors. Unfortunately, the FBI more Commission recommends improv- terrorism. We found too much mis- was not organized in a way that al- ing technological applications to en- communication and an inability to lowed all intelligence on terrorism to hance analysis and dissemination, as identify who was responsible with re- go to a central location so that it could

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S340 CONGRESSIONAL RECORD — SENATE February 2, 2004 be analyzed as a whole. That problem It is incomprehensible why this ad- What evidence do we have that the infra- was compounded by the fact that there ministration has refused to aggres- structure of support that existed prior to 9– was little to no information sharing be- sively pursue the leads that our in- 11 has been dismantled? Or is it not more likely that such an infra- tween the FBI, responsible for counter- quiry developed. One example of the structure is still in place for the next genera- terrorism within the United States, failure to pursue leads that point to tion of terrorists? and the CIA, responsible for foreign in- foreign government involvement is the How many trained operatives of al-Qaida, telligence collection outside the United refusal of the FBI to aggressively fol- Hezbollah, and other international terrorist States of America. Too much fell low the money trail that flowed from organizations are there inside the United through the cracks. officials of a foreign government to at States of America? This recommendation was directly What are the skills and capabilities of least some of the terrorists. In spite of these operatives? supported by the legislation, passed by being provided evidence by our com- What was the scale and skills of Iraqi Congress and signed by the President, mittee, the FBI and the administration operatives inside the United States prior to that established the Department of refused to use all the law enforcement the war in Iraq and at the current date? Homeland Security. That legislation tools at their disposal to follow the What was the comparative threat to the authorized an intelligence component money trail. Why would the adminis- people of the United States of Iraq and the in the new Department to do exactly as trained agents of international terrorists tration not use all of its available pow- placed inside our country? was recommended by the joint inquiry, ers to track this money? In addition, Has the number, skill set, funding or abil- including the requirement that this the question of whether other terror- ity to avoid disclosure of international ter- new intelligence component have full ists were getting similar support was rorist operatives within the United States of access to available intelligence infor- not pursued. Therefore the extent of America been enhanced by support from formation. Senators SHELBY, LIEBERMAN, the involvement of the foreign govern- eign governments? How professional and aggressive have been and Thompson deserve particular cred- ment has never been fully investigated. it for their efforts to ensure that the the efforts of agencies such as the FBI and Recent press reports indicate that the CIA in answering those questions? new Department of Homeland Security there is even more suspicious activity And, how was the information that our have a robust intelligence organiza- than was known at the time we issued government might have had prior to Sep- tion. The intelligence component of our report. tember 11th utilized after September 11th to the Department of Homeland Security Another example of the failure to ag- enhance the security of our homeland and was envisioned to be the one place gressively pursue the sources of foreign American interests abroad? where our domestic vulnerabilities are support of terrorism is reported on Unfortunately, almost 21⁄2 years after evaluated and mapped against all Page A14 of today’s Washington Post. the tragedy, the administration and threats to the homeland. The idea was A panel which was established by the the Congress—in the main—have not that the threats could come from a va- United Nations to pursue sources of initiated the reforms necessary to re- riety of sources, not just terrorists, and support of al-Qaida has been disbanded. duce the chances of another 9–11. Given one agency needed to be responsible for Our government joined with Russia and the seriousness of that situation, some having the entire picture on its radar Chile to sponsor a resolution at the of what was withheld from this report screen. United Nations that disbanded the bordered on the absurd. For examples Unfortunately, the administration panel investigating al-Qaida’s financ- of the absurdity, some of the informa- has chosen to gut the intelligence func- ing. tion censored from these pages actu- tion at the Department of Homeland We are talking about the possible in- ally appears in other parts of the re- Security. The position of director of involvement of foreign governments in port. Let me cite three examples. telligence for the new department has the 9–11 attacks. If a government was First, much of the censored informa- been vacant for much of the time the involved in those attacks, we should tion about Omar al-Bayoumi is avail- department has been in existence. This leave no stone unturned to identify the able on pages 173–175. Mr. Bayoumi was is indicative of the lack of attention extent of that involvement and hold an employee of the Saudi Civil Avia- and significance it is given. The staff is those responsible accountable. There tion Authority and a suspected Saudi totally inadequate for the mission out- should be no sanctuary from justice for intelligence agent based in California. lined in the legislation that established those involved with terrorists, no mat- He had extensive contacts with two of the department. ter who might be embarrassed by such the Saudi hijackers, Khalid al-Mihdhar Instead, the administration has cho- revelations. and Nawaf al-Hazmi. The same day sen to create a new organization at the I wish I could be more specific in dis- that Bayoumi picked up the hijackers CIA called the Terrorist Threat Inte- cussing the involvement of foreign gov- at a restaurant in Los Angeles, he had gration Center, TTIC. While this new ernments in the 9–11 plot. Unfortu- attended a prior meeting at the Saudi organization may address some of the nately, the administration will not consulate in Los Angeles. Bayoumi co- problems that we have identified, it allow me to do so. After 7 months of ef- signed a lease for the two hijackers, does not meet the requirements set out fort to de-classify the report that we paid their first month’s rent, hosted a in the legislative authorization, nor filed on December 20, 2002, the CIA, the welcome party for them, helped them does it meet the criteria set out in the FBI and other agencies decided to keep get driver’s licenses and flight school Joint Inquiry recommendation. significant portions secret. In par- applications. He also introduced them Finally, I would like to address Rec- ticular, there are 27 pages that were to others who served as their trans- ommendation No. 19 of the joint in- virtually completely censored. These lator and in other support roles. quiry report. This recommendation are pages 396 through 422 from Part Second, much of the censored infor- calls on ‘‘the intelligence community, Four of the report, which is entitled, mation about Osama Bassnan, another and particularly the FBI and CIA, to ‘‘Finding, Discussion and Narrative Re- Saudi national who was a neighbor of aggressively address the possibility garding Certain Sensitive National Se- the two hijackers in San Diego, which that foreign governments are providing curity Matters.’’ appears on pages 175 through 177. support to or are involved in terrorist This censorship is troubling for a Third, much of the information about activity targeting the United States number of reasons. First, it reduces the a San Diego business manager which and U.S. interests. The FBI and CIA information available to the public was censored also appears on pages 179 should aggressively and thoroughly about some of the most important gov- and 180. pursue related matters developed ernment actions—or to be more accu- I would note that the declassified through this Joint Inquiry that have rate, inactions—prior to September 11. sections of the report point out that, been referred to them for further inves- Second, it precludes the American peo- despite public assurances from U.S. officials that Saudi Arabia has cooper- tigation.’’ ple from asking their government le- Mr. President, this may be the most ated in counter terrorism efforts, the gitimate questions, such as: important—and at the same time, the Joint Inquiry received testimony that Was there a reason that some, but not all, most troubling recommendation. Sig- of the terrorists were receiving foreign sup- Saudi officials in fact ‘‘had been unco- nificant evidence of foreign govern- port while they were in the United States? operative and often did not act on in- ment involvement in the 9–11 attacks Or is it not more likely that they were all formation implicating Saudi nation- was uncovered by the joint inquiry. receiving similar support? als.’’

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 2, 2004 CONGRESSIONAL RECORD — SENATE S341 What this indicates is that in the done little to interrupt the flow of money ics, complained that the Chandler investiga- months following the release of our and arms to al Qaeda. tion was shoddy and that he failed to ade- recommendation that the administra- Chandler criticized the decision, saying it quately acknowledge his government’s role would undercut the United Nations’ capacity tion ‘‘aggressively’’ address the foreign in helping build the case against two alleged to combat al Qaeda. He suggested that his terrorist financiers. ‘‘We don’t question the government involvement in 9–11, the panel’s demise was a result of pressure from usefulness of the monitoring group. Quite Bush administration not only failed to influential U.N. members who had been sin- the contrary. But they have to have a clear pursue and investigate foreign govern- gled out in his reports for failing to take mandate and guidelines on how they should ment involvement, the administration adequate measures to combat al Qaeda. and shouldn’t do their work,’’ Wenaweser misused the classification process to ‘‘A number of people were uncomfortable said. ‘‘They didn’t bother to verify basic with our last report,’’ Chandler said. He said protect the foreign governments that facts; they got some things wrong. Travel that the Security Council was sending the dates. Spelling of names. Some of the stuff may have been involved in 9–11. There wrong message and that one of the ‘‘key ele- is no reason for the Bush administra- was silly.’’ ments’’ of a successful counterterrorism Chile’s U.N. ambassador, Heraldo Mun˜ oz, tion to continue to shield make-believe strategy is ‘‘a strong independent moni- the U.N. terrorism committee’s chairman, allies who are supporting, either di- toring group.’’ said the new eight-member panel—called the Chandler’s five-member panel—the moni- rectly or indirectly, terrorists who Analytical Support and Sanctions Moni- toring group on al Qaeda—was established in want to kill Americans. toring Team—would give ‘‘more teeth’’ to July 2001 to ensure compliance with an arms U.N. anti-terror efforts by strengthening the The recommendations we have made embargo against the Taliban and a freeze on committee’s expertise in finance and border here are consistent with recommenda- its financial assets for harboring Osma bin controls, and improving its capacity to ana- tions made by other bodies that have Laden. The mission’s mandate was expanded lyze terrorist trends. been formed to analyze our intelligence after the Taliban fell in January 2002, grant- ‘‘I would like a monitoring team that is ef- structure over the last decade. The po- ing it broad powers to monitor international compliance with a U.N. financial, travel and ficient, that is independent and that can litical reality is that there is a broad closely collaborate with the committee,’’ agreement that these reforms need to arms ban. Chandler’s reports have provided periodic Mun˜ oz said. be made, yet there is institutional re- snapshots of the international campaign Mr. GRAHAM of Florida. Thank you, sistance that has been too great to against terrorism, often highlighting failings Mr. President. overcome. in governments’ responses to the al Qaeda I yield the floor. I suggest the ab- Congress has assumed responsibility threat. In August 2002, after a lull in al sence of a quorum. for reform of the intelligence commu- Qaeda activities, Chandler provided a pre- scient forecast of the network’s resurgence. The ACTING PRESIDENT pro tem- nity. Now is the time to act so that we pore. The clerk will call the roll. might receive the appreciation of the ‘‘Al Qaeda is by all accounts ‘fit and well’ and poised to strike,’’ the report warned. It The legislative clerk proceeded to American people for reducing the like- was followed by deadly strikes in Bali, Indo- call the roll. lihood of another tragedy like 9–11. The nesia; Casablanca, Morroco; and Saudi Ara- Mr. GREGG. I ask unanimous con- consequence of inaction will be legiti- bia. sent that the order for the quorum call mate, strong and unavoidable criticism ‘‘The group functioned very well, providing be rescinded. should we be struck again. hard-hitting reports to the Security Council which painted a picture of what was really The PRESIDING OFFICER. Without If 9–11 was not a big enough shock objection, it is so ordered. wave to overcome the resistance to going on,’’ said Victor Comras, a former State Department official who helped write Mr. GREGG. I ask unanimous con- change, what will it take? the Dec. 2 report. sent I be allowed to speak for up to 20 I ask unanimous consent that The ‘‘I am at a loss to understand why the minutes in morning business. Washington Post article ‘‘U.N. Dis- United States is one of the main players in The PRESIDING OFFICER. Without solves Panel Monitoring Al Qaeda’’ be redrafting the new resolution and allowing objection, it is so ordered. printed in the RECORD. the monitoring group to lapse,’’ he added. There being no objection, the mate- ‘‘The United States was the greatest bene- f rial was ordered to be printed in the ficiary of the monitoring group because it gave them a lever to name and shame’’ coun- OUT-OF-CONTROL DEFICIT RECORD, as follows: tries that failed to combat terrorists. Mr. GREGG. Mr. President, we are U.N. DISSOLVES PANEL MONITORING AL QAEDA One U.S. official said that last thing the about to take up a new spending bill in GROUP HAD CRITICIZED SECURITY COUNCIL United States wants is to ‘‘muzzle’’ the the Senate involving transportation (By Colum Lynch) United Nations. But he said that although Chandler’s panel was effective ‘‘at getting funding for the United States. This UNITED NATIONS.—The U.N. Security Coun- headlines,’’ his propensity for antagonizing bill, which is an important bill, comes cil quietly dissolved a high-profile inde- member states could ultimately undermine to the Senate in a fiscally unsound pendent U.N. panel last month that was es- U.S. efforts to harness the United Nation’s condition. That is regrettable. What is tablished more than 21⁄2 years ago to prevent support in its anti-terror campaign. Chan- even more regrettable is that this is the al Qaeda terrorist network from financ- dler’s group ‘‘did a good job,’’ said James B. ing its war against the United States and its Cunningham, the deputy U.S. ambassador to the continuation of an unfortunate line allies, U.S. and U.N. officials said. the United Nations. ‘‘But we are trying to of legislation which has come to the The move comes six weeks after the panel, make the committee more effective.’’ Senate and which has been passed by headed by Michael Chandler of Britain, con- Some U.S. and U.N. diplomats said Chan- the Senate and passed by the House. In cluded in a stinging report that a number of dler needlessly alienated potential allies and some cases, not passed by the Senate Security Council sanctions against al Qaeda constituents at the United Nations, includ- but at least passed by the House, and had failed to constrain the terrorist net- ing some in the United States. Chandler’s work. 2002 report irked Bush administration offi- has significantly expanded spending at But Security Council members have denied cials by casting doubt on the success of the the Federal level, which has in turn the move was retribution for the panel’s con- U.S.-led effort to block al Qaeda financing. dramatically aggravated the national clusions, saying that the quality of the The Bush administration also challenged the deficit. This is unfortunate. group’s work was uneven and that the group veracity of Chandler’s assertion in an earlier To recap some of the bills, we had, had outlived its usefulness. report that the Treasury Department had ig- for example, the agriculture authoriza- The 15-nation council on Friday adopted a nored warnings from SunTrust Banks that a tion bill, which included basically a new resolution sponsored by the United key plotter in the Sept. 11, 2001, terrorist at- conversion to an entitlement scheme of States, Russia and Chile that would replace tacks had previously transferred large sums Chandler’s panel with what they say will be of money to an account at a Florida bank most of the agricultural programs and a more professional body. The new panel is branch. dramatically increased spending in expected to keep monitoring the global war Chandler infuriated officials from Liech- those accounts well above what we against terrorism but would be subject to tenstein, Italy and Switzerland with the Dec. would have budgeted on the discre- closer Security Council coordination and 2 report that illustrated how two U.N.-des- tionary side. oversight. ignated terrorist financiers. Youssef Nada That was followed, of course, by the The dispute underscores the challenge of and Ahmed Idris Nasreddin, lived, traveled most significant piece of spending leg- managing an international counterterrorism and operated multimillion-dollar businesses islation in my career in Government, operation through an organization whose 191 in their countries in violation of U.N. sanc- members are frequently criticized for failing tions. the most significant piece of legisla- to cooperate. It also reflects growing frustra- Liechtenstein’s U.N. ambassador, Christian tion from an entitlement standpoint tion among members that sanctions have Wenaweser, one of Chandler’s sharpest crit- since the Medicare bill was originally

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S342 CONGRESSIONAL RECORD — SENATE February 2, 2004 passed back in the late 1960s, early ergy bill. It should be based on expand- of committee is something entirely dif- 1970s period, and that was the Medicare ing conservation. It should be based on ferent. What the budget suggested we prescription drug bill. That bill in- expanding renewables. It should be spend in this area—depending on how cluded $400 billion—as represented, at based on expanding supply. I am one of you account for this—is either $221 bil- least—of new spending over 10 years, the few Senators from the Northeast lion or $255 billion. Mr. President, $221 which was unpaid for, and which had, who aggressively voted for all three of billion is basically what the revenues after it is outside the 10-year budgeting those areas. However, when the Presi- are coming in from the highway fund, window and got into the real terms of dent asked for $8 billion, I thought that but we could have gone up to $255 bil- how that bill was going to affect na- was reasonable and it was a budgeted lion if the total spending could be paid tional spending, had a price tag of figure. for by legitimate sources of income somewhere between $6 and $8 trillion of What happened? The Energy bill into the trust fund. Unfortunately, unpaid-for spending. came back in the Senate at $24 billion what happened when this bill came I did not support the Medicare pre- which was $16 billion over what the back was we ended up with a $318 bil- scription drug bill because I felt it was President asked for. Due to a group of lion bill. This represents a $93 billion the largest generational tax increase in Members, fiscal conservatives and peo- increase over present funding under history, basically raising significantly ple concerned about some of the tech- TEA–21. In fact, the Senate position is the benefits for one generation which nical aspects of this bill, it did not conservative compared to the House’s will have to be paid by a younger gen- make it through a filibuster issue. position because the House is looking eration. That means the younger gen- Now it is up to $31 billion. It just to pass a bill which represents some- eration is going to have to increase keeps going up and up and up. Those thing like $375 billion for this six year their taxes significantly to support the costs have to be passed on, once again, period of spending. older generation, my generation, the to our children, because we are basi- These numbers are staggering. There baby boom generation, by the tune of cally financing the cost of that Energy are going to be a lot of numbers thrown $6 to $8 trillion. Thus, I did not support bill on our children’s backs through around this body in the next few days that bill because I did not think it was deficit spending. It is totally inappro- on this bill, but no matter how you ac- fair to the younger generation to put priate that a bill that was supposed to count for it, it is fairly clear this bill is this tax bill on them without sub- be $8 billion ends up at $31 billion. over the budget by somewhere between stantive reform in the bill which would Those bills are three egregious exam- $30 and $70 billion, depending on where control the costs of Medicare. We ples in the area of spending control, it ends up, maybe even more. That is passed this bill only 2 or 3 months ago. now to be followed by a fourth, it ap- inexcusable. Now we learn the original estimates pears. Presently, we have the Trans- There will be an attempt to mask of the bill, which were $400 billion over portation Equity Act for the 21st Cen- this. In fact, the Finance Committee 10 years, were misstated. It now ap- tury, known as TEA–21, which basi- will report out language which tries to pears the bill is going to be projected cally funds the construction of high- accomplish that. They took a whole se- at costing $500-plus billion. That ways, rail, and intermodal transpor- ries of different taxes which are now amount also is probably misstated. tation in this country. This area of ac- flowing into the general fund, and they That is probably a conservative num- tivity for governance is generally ac- moved those taxes over to the trust ber. At the time the Medicare bill was cepted to be an important part of our fund, thus claiming the trust fund had debated in the Senate, there were some job as stewards of our country. We revenues. They do not mention the Members who said the accurate reflec- must maintain a strong infrastructure. fact, of course, that aggravates the tion for the 10-year period was closer to I certainly believe that. So to accom- general fund because if the money is $700 billion, but the debt was not being plish that when TEA–21 was passed a not going to go into the general fund, correctly stated and, scoring being few years ago, there was a 40 percent then that becomes a deficit event. scoring, the bill came in at $395 billion. increase in funding over the previous Again, it is not absolutely clear, be- Ironically, if it came in at $401 billion, funding bill, ISTEA. cause we have not gotten all the num- it would have been out of order, but it The theory was that we would take bers yet, which is one of the reasons we came in at $395 billion so it was in the money from the trust fund, which should not be bringing this bill up yet, order. was paid in through the gas tax and but it appears we are talking some- Now we learn 3 months later it really other related taxes, and fund transpor- where in the vicinity of $20 to $40 bil- was $500-plus billion. That is just in 3 tation in this country to the full ex- lion of gamesmanship here by moving months. Imagine, if it jumped $100 bil- tent of the amount of money we were revenues out of the general fund into lion, or 25 percent in 3 months, at the taking in from the users of the high- the highway fund, and by claiming rev- end of a year, if you project that num- ways and the users of the transpor- enues from sources which do not pay ber out, it will jump—that is a progres- tation system. That was a reasonable revenues in. It appears that is a game sive geometric number—somewhere approach. that is being played. around 200 percent by the end of this There is no reason we should be tak- It is staggering when you think year. Hopefully not. ing money from the gas tax and using about it that we would have the In any event, the fact that we were it for other exercises in Government, chutzpah as a Congress to call up a bill misled, the fact that this number is so other needs in Government, whether that is $30 to $70 billion over the budg- high is unfortunate. The problem is, it they are justified or not, such as in- et and in deficit when the deficit was puts in place structural spending which vestments in agriculture or invest- just reported as being $520 billion—or is out of control and which has to be ments in small business or investments projected to be that much for next paid for by one generation in order to in education. It is appropriate that we year—and $477 billion for this year. It support the next generation, which is should use the user fee, which is the is as if there are blinders on in this in- unfair for our generation to do to our gas tax, to support the construction of stitution on the issue of spending. children unless we put in place reform. highways. Unfortunately, it is a bipartisan And there was no significant reform. The whole concept of the transpor- problem. That is why I guess it is hap- That was the most egregious act I have tation bill was: We would pass a trans- pening so often. The Agriculture bill seen in my career in Congress or in portation bill which funded the con- was a bipartisan bill. The Medicare bill Government in the area of fiscal re- struction of highways in this country was a bipartisan bill. The Energy bill sponsibility, because of the inappropri- and intermodal transportation at the was a bipartisan bill, and it appears ateness of one generation passing a tax level that the transportation system that this highway fund has enough of a increase on to another generation. was supporting itself, basically bipartisan majority to ram it right That bill, which was a huge bill, was through the gas tax and other revenue through this Senate, as fiscally irre- then followed by the Energy bill. The sources. sponsible as it is. President of the United States asked We budgeted for that as a Congress, The problem is this: We can build all for an $8 billion Energy bill. I sup- and then it was sent to committee. Re- the roads in the world, but if we do not ported an energy bill. We need an en- grettably, what we have seen come out do them in a fiscally responsible way,

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 2, 2004 CONGRESSIONAL RECORD — SENATE S343 then our children are not going to be there is some talk that they are going fuel taxes was probably a fiscally re- able to afford cars to drive on those to attach energy to this bill. sponsible position at one time because roads. Their quality of life is going to This is the only item that is before it does preserve the purchasing power be reduced because we are adding to us so far, but it is a big one. Therefore, of our transportation dollars. But I the deficit, and that means we are add- we should take a hard look at it. Be- also understand the political realities. ing to their tax burden every time we fore we move it out of this body, we I know it is not a viable option at this do this. That debt burden translates should try to bring it back in line with time. into a reduced quality of life for future our budget and with the realities we This bill does not assume an increase generations. face as a country, which is that we are in fuel taxes. Due to the good work of We have put forward as a Congress a spending a lot more money than we can Chairman GRASSLEY and Ranking legitimate benchmark for legitimate afford as a Government. Member BAUCUS, both of whom I met spending in the area of TEA–21. The I yield the floor and suggest the ab- with this morning—and both have been budget had in it a proposal to signifi- sence of a quorum. real champions in working diligently cantly increase TEA–21 spending, I The ACTING PRESIDENT pro tem- to make this happen—the deficit is think by something like 30 or 40 per- pore. The clerk will call the roll. neutral in this bill. cent. But that has been ignored. It has The assistant legislative clerk pro- Don’t fool yourselves into believing been claimed that that amount is not ceeded to call the roll. that delaying action on this bill is sav- enough. No. We have to go ramming Mr. INHOFE. Madam President, I ask ing money. The exact opposite is true. past that and propose a bill on the unanimous consent the order for the For instance, our transportation infra- floor of the Senate that is $93 billion quorum call be rescinded. structure will continue to deteriorate. over last year’s spending and $30 to $70 The PRESIDING OFFICER (Mrs. Thirty-two percent of our major roads billion over what the budget called for. DOLE). Without objection, it is so or- are in poor or mediocre condition. And that is just the start. dered. Thirty-nine percent of our bridges are There is a game being played here be- Mr. INHOFE. I thank the Chair. structurally deficient or functionally sides the fact that most of the revenues f obsolete. As much as I hate to admit it, for the additional funds which are my State of Oklahoma ranks last of all SAFE TRANSPORTATION EQUITY claimed to be offset here are illusory, 50 States, which is not too complimen- ACT OF 2003—MOTION TO PROCEED which is so outrageous that it gives tary to the idea that I am the chair- smoke and mirrors a bad name. That is The PRESIDING OFFICER. Under man of this committee. The cost to ad- just the start because we all know the previous order, the hour of 3 p.m. dress these issues only increases the what is going on. There is an agree- having arrived, the Senate will resume longer we wait. ment, a sub rosa agreement, if you consideration of the motion to proceed In addition, the economic con- wish, between the people who are sup- to the consideration of S. 1072. sequences escalate because poor infra- portive of this bill in this body and the Madam President, we are about to structure contributes to congestion, people who want more spending in the begin discussion on the cloture motion which means lost productivity to the other body that this figure that comes we will be voting on this afternoon. It tune of $76 billion. out of the Senate is irrelevant, that could be considered by many people as Additionally, another delay to enact- the final number is going to be a lot the most significant piece of legisla- ing a 6-year comprehensive bill will higher than the Senate number. As I tion we will be dealing with this year frustrate our State departments of mentioned, the House is already talk- or maybe even in a 6-year period. The transportation in their own programs. ing about numbers in the high 300s, and current extension of TEA–21, passed in They need the assurance and security the representation we hear is we will 1998, expires on February 29. We have of a stable Federal program in order to be closer to the House number coming to act. We have no other option. Some make their individual programs work. out of conference than the Senate num- might argue that we can do another ex- As you well know, they have worked on ber, which is already grossly inflated tension, but another extension without these programs now for not just as far as cost. Senate action on a 6-year bill sets us months but well over a year antici- So I just simply lay this marker up for not doing a reauthorization bill pating that we would have this reau- down. We are going to have to start this year at all. That is just not ac- thorization underway. getting serious about this deficit. We ceptable. Finally, we are missing an oppor- have not so far as a Congress, but we The President has released his fiscal tunity to create jobs. For every $1 bil- are going to have to because it is our year 2005 budget, and I believe it misses lion invested in Federal highway tran- job. It is our job to be stewards not the mark with transportation funding. sit spending, 47,500 jobs are created. We only of today but of what we pass on to He proposes funding $256 billion on estimate that S. 1072 will impact the tomorrow. highways and transit, approximately overall job growth by 700,000 jobs. To If we are going to be good stewards, $55 billion under the Bond-Reid amend- the construction worker, our bill would then we have to be fiscally responsible. ment that we agreed to with a plu- generate over 2 million opportunities I hope others will take a serious look rality of 79 votes. for employment. In other words, when at this bill before they vote for it. Be- Earlier today we heard from Senators one job ends, there will be another op- fore they even vote to go to it, it would who believe that S. 1072 proposes a portunity available so the construction be nice if we actually knew what was level of spending that is too high, that worker can move from one job to an- going on and how many more games we need to bring it into line with the other thereby avoiding unemployment. are going to be played before we go to President’s numbers. I disagree. I I think that is a good thing and one the bill in its substantive form. We strongly support the President on vir- each of us in this Chamber should be should certainly be willing to ask that tually everything he is doing, but in willing to roll up our sleeves and work much before we have cloture on the this case I do not agree. We have a cri- to get done. I anticipate that is exactly motion to proceed. sis in the country in terms of our infra- what we are going to do. But, in any event, as we debate the structure and we must meet this crisis. In addition to a job creator, spending language of this bill and the purposes We need to stick with the Bond-Reid on transportation makes good eco- of this bill—which are well intentioned, level and need to get the bill done now. nomic sense. For every $1 billion in and which can be paid for at a reason- For those who want to wait to do a transportation expenditures, the gross able price—we need to keep in mind bill, we caution you that putting this domestic product increases by $1.75 bil- that this is one part of a series of bills off only makes it harder. The current lion. Furthermore, transportation in- that have not been fiscally responsible, extension is spending down the trust vestments improve freight mobility and we have to start someplace in fund balance. If we do another exten- which in a ‘‘just in time’’ delivery busi- being responsible in managing the dol- sion, the balance will be spent down ness model is critical to growth. lars of this country effectively. The even further, which means we will have I recognize for those who believe this other horses are out the barn door, little choice at that point but to in- bill should be stopped for budgetary with the exception of energy, although crease fuel taxes. In my mind, indexing reasons that my arguments may not

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S344 CONGRESSIONAL RECORD — SENATE February 2, 2004 meet with a receptive ear, but I do It provides new opportunities for Senator Moynihan to come visit with want you to understand that voting no transportation planners to consider me and my staff. He did. He came with on cloture means you are voting no on transportation land use and environ- that smile. I always had the feeling addressing the repair and rehabilita- mental plans when conducting the en- with Senator Moynihan that no matter tion needs of our 50-year interstate sys- vironmental review. the subject he always knew more than tem which is at the heart of the eco- It creates a new obligation by the I did. He had a lot of humility. Even nomic engine of the Nation. Voting no lead agency to make available prompt- though he knew that he knew more on the cloture motion would be voting ly to environmental and resource agen- than most anyone he dealt with, he no on the creation of over 2 million em- cies information useful to an environ- never flaunted that great mind that he ployment opportunities and no to mental review. had. 700,000 new jobs. It would be voting no I was around back in 1991 serving in The legislation we have before us on addressing congestion problems the other body when we put together today is basically what Pat Moynihan which cost the economy $76 billion an- ISTEA. It is a very comprehensive bill. envisioned for our country. Serving nually and voting no on increases to I was also involved on this committee with him on the Environment and Pub- gross domestic product. in 1998 when we were putting together lic Works Committee—which I did for Finally, if we are able to proceed to TEA–21. But in none of those efforts my tenure in the Senate—was like S. 1072, I will be asked by many of you and in none of that legislation were the going to school and not having to take to help you with individual needs in environmental concerns met as well as the test. Senator Moynihan was won- your States. I am happy to do that. I we are meeting them here. derful. He would talk about the great want to do that. But before I can help The same is true with public partici- Robert Moses of New York and the you, you need to help me. pation. Those of us who serve in the planning that he did. I ask you to vote yes on the cloture Senate are constantly inundated at our I hope that all of us as we proceed motion so that when the need comes up townhall meetings by people saying through this bill will understand the in your State and you have a need to they do not have the opportunity to greatness of Pat Moynihan, and what meet a crisis, or you have special participate in these things. We are cor- he has done for our country. project needs, we will be helping each recting that. We think that people and Everywhere in the Nation’s Capital other. I think we all understand that. other governmental agencies should be there is evidence of Pat Moynihan. I Some people who have actually read a part of it. worked in Washington, DC, as a Capitol the legislation we are going to be con- There is a specific new section de- policeman, going to law school. And sidering are still saying that perhaps it voted to improving public involvement when I worked here as a Capitol police- is not meeting the environmental goals in transportation planning and man, Pennsylvania Avenue was a slum. or it is not meeting the public partici- projects, directing State and metro- During the Kennedy inauguration, Pat pation. I think this is one of the major politan transportation planners to hold Moynihan recognized that and said we strong points of this legislation. We public meetings at convenient and ac- should do something about it. He was have spent a lot of time—and I have to ceptable locations and times, to em- just a bureaucrat at the time. But he tell you that the ranking member, JIM ploy visualization techniques to de- proceeded from that time to help de- JEFFORDS, along with KITT BOND, and scribe plans, and to make public infor- velop the Pennsylvania Avenue Devel- of course HARRY REID, the Senator mation available electronically such as opment Corporation. Now you can go from Nevada, have all been very coop- the World Wide Web. up Pennsylvania Avenue to the White erative—in working out things. There There are new opportunities for pub- House and it is one of the most beau- are some things in this bill that I don’t lic comment on specific environmental tiful streets in the world because of like, but compromise has been the factors considered by metropolitan Pat Moynihan. name of it. For example, on the environmental planning organizations and States dur- I hope we proceed through this legis- issues, it requires metropolitan plan- ing the transportation planning. We lation recognizing what a wonderful ning organizations and State transpor- know this is true when we go back to man Pat Moynihan was. One cannot tation planners to consult during re- our States. They tell us that in their stop but think of the things he did, in- gional planning with agencies respon- department of transportation—I am cluding the Ronald Reagan Building. sible for land use management, natural sure in North Carolina, in Nevada, in For 50 years that was a big hole in the resources, environmental protection, Oklahoma—if they have the chance to ground. In the Nation’s Capital we had conservation, and historic preserva- plan in advance to have this com- this big nothing. Pat Moynihan said: tion. prehensive bill in front of them—not We cannot spend enough money on It expands the number and types of just another extension—they then can that; we will build a building there. environmental and resource agencies make their long-term plans get much That is a building that Ronald Reagan, participating in the environmental re- more from the construction dollars. I am sure, in his own way, is proud of. view. I reemphasize that there is nothing There is not a more beautiful building It provides a new opportunity for en- we are going to do in this Chamber in the Nation’s Capital, with the excep- vironmental and resource agencies to which is going to provide more jobs tion of maybe the Library of Congress, participate in the development of the than will be provided by this bill. That than the Ronald Reagan Building. That environmental review schedule. is why it is so important that we defeat is Pat Moynihan’s. It is his. It establishes a new obligation for cloture and get on with this and get it Mr. INHOFE. Will the Senator yield? the lead agency to consider the needs done in the next 10 days or so. Mr. REID. I am happy to yield. of environmental and resource agencies I compliment the leaders on both the Mr. INHOFE. Is the Senator aware when developing the review schedule, Democrat and Republican side, and that Patrick Moynihan was born and including the responsibilities of re- particularly Senator REID, the assist- raised in my city of Tulsa? He was the source agencies under applicable laws, ant minority leader, for his coopera- first one when I came here—not to the resources available to environmental tion in helping us to make this a truly Senate but to the other body—to whom and resource agencies to conduct the nonpartisan and bipartisan effort. I came over to talk. We developed a review, and the sensitivity of the na- I yield the floor. very close relationship. Someone could tional and historic resources that could The PRESIDING OFFICER. The Sen- wonder, how could this be—you have be affected by the projects. ator from Nevada is recognized. one who is a dedicated liberal, one who It provides a new opportunity for en- Mr. REID. Madam President, it is is a dedicated conservative, having vironmental and resource agencies to with a certain amount of sadness that that affection. participate in the development of a I worked on this matter this weekend When I was elected to this body in project’s purpose and needs statement. and looked over all the past history of 1994, his office was next door to me. I It provides a new opportunity for en- the surface transportation legislation. confess right now before all these peo- vironmental and resource agencies to The sadness comes because Pat Moy- ple, when the bells rang for a vote, I participate in development of the nihan is not here. When we started would go and look down the hall and project alternatives to be reviewed. working this bill last year, I asked wait until Daniel Patrick Moynihan

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 2, 2004 CONGRESSIONAL RECORD — SENATE S345 was coming up so I could walk and talk People who are complaining about miles from the top to bottom, 500 miles with him on the way over. He was just the cost of this bill, Republicans and across—you need to be able to travel in a remarkable person. There is a lot of Democrats, should understand that the a safe manner on an interstate high- dedication to him in what we are doing highway bill President Eisenhower way system faster than 55 miles per today. originally sponsored was also criticized hour. Mr. REID. I appreciate very much as being too costly. This bill is not too It also included a provision requiring the Senator from Oklahoma recog- costly. One of the compromises the States to spend a specified minimum nizing the goodness of this man. He is Senator from Oklahoma worked out amount for environmental purposes. absolutely right. I am sure the Senator with Senator JEFFORDS and me is that That was the first time the highway learned a great deal in those walks it is as small as it is. If it were up to bill had really taken that into consid- from the Russell Building over here. Senator JEFFORDS and this committee, eration. So that was important. I remember Senator Moynihan and I it would be bigger. It is because of the Congress felt so strongly about this sat together on a bus going from the chairman of the committee that it is as that President Reagan vetoed this bill. airport to the funeral of the great John small as it is. I hope everyone who It was overridden by the House and the Chafee. During the entire trip, he criticizes the Senator from Oklahoma, Senate. That does not happen very pointed out, as we traveled to Rhode Mr. INHOFE, understands he did yeo- often, but the Presiding Officer, who Island—Providence, I think is where man’s work. was part of the administration during the funeral was—all the architecture, As we speak, the House is talking that time, recalls that. the history of the buildings, as we about a bill bigger than ours. They In 1991, we had the Intermodal Sur- drove up to the beautiful church. And criticized President Eisenhower for a face Transportation Efficiency Act, when we got to the church, he told me bill being too big and they criticize us ISTEA. That is where the name comes all about that church. for a bill being too big. In my opinion, from—ISTEA. This created the Conges- I wish I had the recall of Pat Moy- the bill is too small. tion Mitigation and Air Quality, nihan. I wish I had 20 percent of the re- Part of the reason for President Ei- CMAQ, program, which has been a pro- call ability of Senator Moynihan. He senhower’s bill, the Interstate Highway gram that the environmentalists love, had such an ability to communicate. System, has been completed. We have and some who are not as environ- As Senator Bumpers said, upon the many more different responsibilities mentally sensitive do not like it. But publication of Senator Moynihan’s 15th now than we had then. In recent years, these programs were established then book—or whatever it was—you have we have done some very good work and dealt with air quality. With the interstate system largely written more books than I have read. with highway transportation. He was a great man. I have my heart Going back to 1982 when I first came complete, as I indicated earlier, ISTEA full. Part of it is gratitude for knowing to Washington, we had the Surface shifted the Federal program from cap- a man such as that, that there are Transportation Assistance Act. This ital construction to focus on people and the movement of goods. This is great ones on this Earth. Pat Moy- bill established the mass transit ac- where Senator Moynihan was so good. nihan was a great one. count, the highway trust fund. The rea- About 50 years ago, one of the really It also expanded the transportation de- son that became important was, people fine Presidents we have had, a Repub- cisionmaking process to include local came to the realization that for every lican, President Dwight David Eisen- officials, stakeholders, and citizens. vehicle we keep off our highway sys- hower, presided over the creation of And that passed. the Interstate Highway System. On tem, it saves money. It was determined It seems as if it was just a short time that occasion, he said: that it would be good if we became ago when, in June of 1988, we passed partners with the mass transit folks The Nation badly needs new highways. The TEA–21, the Transportation Equity Act good of our people, of our economy and of and worked together on legislation. for the 21st Century. This continued our defense, require that construction of That was what we did in 1982 and that the basic policy structure established these highways be undertaken at once. is what we are doing now. That is why in ISTEA. It dramatically increased President Eisenhower continued: it is such good news that the Banking, funding of the Federal Surface Trans- We have fallen far behind in this task. . . . Housing, and Urban Affairs Committee, portation Program and established im- Today there is hardly a city of any size with- that handles mass transit, has agreed portant budgetary protections or fire- out almost hopeless congestion within its on a proposal. walls to guarantee highway and trans- boundaries and stalled traffic blocking roads Senator INHOFE, Senator JEFFORDS, portation spending. And, for the first leading beyond these boundaries. and I met today with the chairman of time since 1982, we increased the min- President Eisenhower said what we the Finance Committee and the rank- imum return to 90.5 percent, which was needed to do in this legislation: If there ing member of the Finance Committee, very important. was ever a time in the recent history of Senators GRASSLEY and BAUCUS, and I also want to make sure the record this body when we had to do something they have agreed to that. That is really is clear from this Senator’s perspective on a bipartisan basis, it is this bill. important. That started back in 1982. of the contributions to highways and People stuck in traffic are Democrats At that time, there was an 85 percent transit, and basically good govern- and Republicans. It is equal oppor- minimum return provision. That ment, that came from John Chafee. I tunity, whether you are stuck in traf- means for every dollar put into the have been so fortunate. I worked fic in Las Vegas, Phoenix, St. Louis. highway trust fund in a State such as through all these bills that I have There are people of both parties stuck North Carolina, there was a guarantee talked about, and I have had the very in that traffic, losing valuable time. If they would get at least 85 percent of good fortune to work with Senator they were not stuck in that traffic, the money they put in. Some States Stafford, as chairman of the com- they would make our country more got more than that, but 1982 was the mittee, the great Senator from productive. first time there was a minimum return Vermont; Senator Moynihan for a Why did President Eisenhower feel so provision. One of the controversies in short time; Senator BAUCUS; Senator strongly about an interstate highway that bill was an increase in the Federal Chafee; and these men set a high level system? He felt that way because, as a gas tax from 4 to 9 cents per gallon. It that we who are now trying to move young major, he was asked in the 1930s was a good bill and passed. this bill must meet. to bring a convoy of military vehicles In 1987, 5 years later, we had a bill But Senator Chafee was such a good across the country. It was at that time called the Surface Transportation and friend to me personally. He did so he realized there was no easy way to do Uniform Reallocation Assistance Act. many things to help me in my political it. The roads were hopeless. There was It was not a very sexy name but it got career. Even though he was a member no way you could travel this country, the point across. It increased the speed of the other party, he went out of his even for military purposes, easily. At limit, which was so important for way to always try to make me look that time he realized something needed States such as Nevada, from 55 miles good. I will always be indebted to him to be done, and when he became Presi- per hour to a higher speed. It worked and his family, and that includes LIN- dent, that was one of the first things he out well and we hope that continues to COLN, for all the good things that Sen- pushed. be OK. In a State such as Nevada—800 ator Chafee did for me. Even though I

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One of the things we are what he did without Senator Chafee meaningful solutions. doing is creating safer routes for chil- working with him. The bill currently before this body dren. If they want to use a bike or This bill we have before the Senate is represents a major commitment to walk, we have bike paths and side- good legislation. It is imperfect. This maintain and improve our national walks. legislation that is before this body is transportation infrastructure. It also This is important because, for exam- imperfect legislation, but it is the best creates jobs. ple, in Clark County, we have opened, we could do. For 50 States, having a Again, there has been controversy in the last 2 years, 18 schools a year, a formula that you put into a computer over there not being enough jobs cre- total of 36 schools. By opening one new and do your computer run which comes ated during the 3 years that President school a month we can’t keep up with out as good as this one says a lot for Bush has been President. Those people the growth in Clark County. We have the great work of our staffs. who are trying to damage this bill high schools that are approaching 5,000 As Senator INHOFE has said, I would should understand this legislation will kids. So the safer routes to school pro- like to do different things in this bill. create hundreds of thousands of jobs, gram will help promote healthy living If I had been the person dictating what some say as many as 2 million jobs. by making it safer for children to walk was in this bill, it would be different The majority leader of the Senate or ride to school on bikes, not cars and than what we have in it. But, frankly, was here today, and he said for every $1 buses. I am pleased this package moves I am down the totem pole. You have billion we spend in this highway bill, $2 the Nation’s surface transportation the chairman and ranking member and billion will be created by other things, program forward without jeopardizing the subcommittee chairman and then the offshoot of this legislation. We our natural environment. me, but I did have some input in this know for every $1 billion we spend on One of the things we did in this bill, measure. I think what we have come up infrastructure development, 47,000 which was difficult, States have com- with, as I indicated, is far from being high-paying jobs are created. We know plained about. Originally back before perfect, but I think it is good legisla- that. And these are well paid, skilled 1982, some States were barely getting tion. And that is what legislation is all jobs for Americans. 80 percent of what they put into these about. This bill is also a referendum on im- trust funds. We moved it to 85, 90.5. Legislation is the art of compromise. proving our quality of life. No other And now with this bill, the formula I have been fortunate that a number of measure will we debate in this Con- now before the Senate, every State, by measures I have introduced are now gress that has the potential to so dra- the end of this legislation, will get 95 law in this great country. I have never matically impact every facet of our ev- percent of what they put in. That is ever gotten everything I wanted. Ev- eryday lives. very difficult. It goes without saying erything that is now law that I intro- I thank my colleagues, the entire that some of the States who were get- duced had to be changed. Anyone who committee, but especially Senator JEF- ting more than a dollar in years past, a is of the mind that they are going to FORDS, Senator INHOFE, and Senator lot of them continue to get more than get what they introduced is wrong be- BOND for working to craft a bipartisan a dollar, but some of them don’t. The cause it just does not happen. I have package that continues the intermodal State of Nevada, under this formula, never known it to happen. legacy of its predecessors, ISTEA and gets less than a dollar. But in fairness, This legislation we have been given TEA–21. the formula is a formula. It wouldn’t by the two leaders we have 2 weeks to Our proposal does not make dramatic have been right for the formula to be finish. If we do not finish it in 2 weeks, changes to the core program structure any different for me than it is for oth- I am sorry to say what might happen. because it does not need to. The ers. So this is fair. We have made it so What might happen is this bill will be groundwork has already been laid. Dur- every State at the end of this bill will pulled, and we will have to extend the ing a year’s worth of reauthorization get at least 95 percent. highway program for a year. That does hearings, the committee learned that In this legislation every State will not help any State. No State is helped the basic structure does work. get a percentage increase. This legisla- with that program. Every State gets This package refines and improves tion is not perfect, but it is about as hurt. So we have to move and move the current program to ensure that our fair as we could do. I have worked with quickly on this bill. investments have the maximum im- my staff the last 4 or 5 days to say, At the birth of the interstate system, pact on improving our surface trans- could you come up with something. I safety and the efficient movement of portation system. had a few problems with the legisla- people and goods framed the national Nevada is the fastest growing State tion. Come up with something. I will transportation debate. Fifty years in the Union and has been for more talk to Senator INHOFE because we later, as President Eisenhower indi- than a decade. Clark County—that is might have a formula that may be bet- cated, that is still the talk, the same where Las Vegas is located—has experi- ter. We couldn’t come up with one. I speech. You could give the Eisenhower enced the bulk of that growth. This wish we could have, but we couldn’t. speech today on the floor of the Sen- growth represents unique challenges But what we have done here is the best ate, and if we did not tell you it was 50 but also opportunities. we could do. The vast majority of the years old, you would think it was being The bill before the Senate provides States will do extremely well compared given by someone who wrote it today. resources and programs that encourage to what they did in the past. Fifty years after President Eisen- the effective management and oper- As with any compromise, this is not hower’s interstate highway system, ation of our Nation’s transportation perfect. It is inevitable that some safety and efficiency remain our fore- system. The continued success of that States will not be completely satisfied most objectives. system is essential to fast growing with the results, but it is important to This year, traffic congestion will cost metropolitan areas such as Clark Coun- note every State benefits from the Americans more than $67 billion in lost ty, where traffic congestion and air growth in this program. time and productivity—$67 billion in quality are serious issues. We worked hard to create a funding lost time and productivity—and it will This legislation also places a renewed mechanism that allows all 50 States waste almost 6 billion gallons of fuel. I emphasis on safety by consolidating plus the District of Columbia to benefit cannot imagine 6 billion gallons of the various safety initiatives spread from program growth while addressing fuel. I do not know where you would through the Federal highway program several competing fundraising prior- put all that, but that is how much is into new core safety programs. One of ities: Donor versus donee, old versus wasted, which only increases our de- the aspects we have worked on includes new, urban versus rural. These have all pendence on foreign oil. something called the Safe Routes to been put in this formula, and we have

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 2, 2004 CONGRESSIONAL RECORD — SENATE S347 come up with what is as fair as we of Oklahoma has a population of 3.5 doing too well. It is because you have think we can do. The bill before us ac- million. They have 12.2 million. The to have a ceiling, a growth ceiling. If complishes that goal. historic rate of return since we came in you have a growth ceiling and they are Once more, let me emphasize, every to the first bill, through Senator Moy- getting back an inordinate amount of State benefits from the growth in the nihan, has been .87 percent. Pennsyl- money, it bumps into that ceiling. At program. So again, I extend my appre- vania has been 1.16 percent. This is the the same time, you have donor and ciation to my colleagues—the chair- key: the total miles. Unfortunately, I donee States. If you take Texas and man of the subcommittee, the chair- don’t have this less toll roads, but I Pennsylvania, both of which might man of the full committee, and Senator will explain the difference. argue they are not treated fairly, if JEFFORDS, the ranking member—for If you take the total amount of miles you make a change in one, it is making the good work they have done. We are in my State of Oklahoma, it is 112,000 an adverse change in the other. I think all going to have to be vigilant. I hope miles. The total number of miles in we have to say we have done a good job those who want to change the bill come Pennsylvania is 119,500 miles, but that when you look at this. here and offer amendments. I hope they includes toll roads. We all know Penn- One thing I think is important to do it as soon as possible. We hope to sylvania has a lot of toll roads. So talk about is the public views. I think get to this bill tomorrow. We are hope- when you take them out, I am quite the general feeling is that we spend too ful and confident the motion to proceed sure the number of miles we refer to in much money in Washington, and I should be overwhelmingly approved. I this legislation would be more than think we do. But when it comes to can’t imagine anyone voting against Pennsylvania. And yet if you look back their views on transportation invest- this. historically, in 1998, Oklahoma re- ment, it is totally different. In Janu- I was told by the person who asked ceived $351 million; Pennsylvania $1.16 ary, last month of this year, Zogby me to object on their behalf on the mo- billion. In 1999, Oklahoma received $413 International conducted interviews of a thousand likely voters chosen at ran- tion to proceed that that Senator was million; $1.3 billion for Pennsylvania. dom nationwide. That is a pretty big concerned about the transit portion of It goes on consistent with that. sampling, as those of us know who read the bill. That has been taken care of. What I am saying is, even under the these polls. It is about twice the size of The chairmen of the two committees formula we are looking at right now, the average poll. Pennsylvania is getting back about have signed off on this. I hope we can Eighty-seven percent of those inter- three times the amount. Again, there move forward on this very quickly. viewed said the Nation’s highway and Again, I am glad we are here. What are other factors. I am sure we will be public transit network is very impor- we do on this legislation will set a tone talking about those from State to tant to the Nation’s economy; 83 per- for the rest of this legislative year. I State. But it shows it is very difficult cent agreed that President Bush and hope we can permit it. I should be more to come up with something that is fair. Congress should do more to help create confident, like the players in the Super There is not one State that will not be jobs for those Americans who want to Bowl and the coaches: We are going to able to go back to their people and say work, even though the latest Govern- finish this legislation. how well their State is doing under ment statistics suggest that the U.S. The PRESIDING OFFICER. The Sen- this. economy is rebounding; 69 percent fa- ator from Oklahoma. I don’t sound like a conservative Re- vored boosting Federal spending on Mr. INHOFE. First of all, I reextend publican when I am talking this way, transportation projects during 2004, my appreciation to the Senator from but this is one area where conserv- and that is significant—69 percent of Nevada for all the help he has been. His atives believe Government has a func- the Americans favor boosting the expertise is well known in this Cham- tion, a strong role, and that is to build amount of money of Federal spending ber, and he has been on the opposite infrastructure. We have not been doing on transportation projects during 2004 side of me probably more than on my a good job of it. I know this because I as part of the transportation or jobs side. I like it this way better. spent 8 years in the other body. During creation initiative, as well as part of I would like to amplify a couple that time, I was on the committee the transportation needs and infra- things Senator REID talked about. I called Public Works and Transpor- structure needs. I think that is very think it is significant, when you talk tation. It is strictly transportation, significant. According to the same about where we are now relative to not like EPW, which is environment, pollster, that is how nearly 70 percent where we were in TEA–21, the last 6- all the regulatory agencies, and trans- of American voters responded. year reauthorization. Our average is portation. So it is just about half the In a survey they conducted a year be- 35.6 percent higher. The average State jurisdiction. But during that time, we fore, they said they believe America is is higher than it was in TEA–21. watched what was going on, and I was facing a transportation capacity crisis. In the comments he made about a right on top of it. That is what I was saying we were ob- computer run, I know this is kind of When I came over to this body in serving a year ago—that our Nation’s complicated to explain to people be- 1994, I became chairman of the Clean roads, airports, and mass transit sys- cause it is the only way I think you Air Subcommittee. I kind of left the tems are struggling to handle a grow- can come up with something that is transportation part. When we came ing population economy. Fifty-six per- very fair. Prior to this, in previous back and I became chairman of the cent overall, and 79 percent of young years under TEA–21, we had the 1104 Transportation Infrastructure Sub- women with children, said traffic con- table which was a minimum guarantee. committee, all of a sudden I realized gestion is depriving them of more time That was a percentage that each State what had happened in the 4 years I had with their families or for leisure activi- had that was a percentage of the total been detached from transportation. ties than it did just 5 years ago. That growth. It was purely politically driv- When you talk about the number of is significant. en. vehicles that are traveling, the number These are social problems that exist I don’t like the way some of these of trucks, the number of congestive because we are not doing an adequate things come out of the computer. But stops, where you have to sit and idle job. These answers should not surprise when this came out, I agreed with Sen- your engine—we are handling all of anyone. It says that, since 1982, the ator REID, there is not a better way of these things in this bill. I think during U.S. population has grown almost 19 doing it. I will give an example. I was that 4-year period we did a bad job. We percent, the number of registered talking to one of the Senators from didn’t do what we should have done. motor vehicles has increased by 36 per- Pennsylvania who was complaining Quite frankly, in 1998, I wasn’t real cent, and vehicle miles traveled has about perhaps not getting the share happy that we weren’t really meeting ballooned 72 percent. Surprise, over the they should have gotten. So I did a the problem. A computer run is tough. past 20 years, we have added less than comparison. You have to consider that some States 5 percent to road capacity and even My State of Oklahoma—I hope no are fast growing States, such as Ne- less than that to public transit. So we one from Oklahoma is listening right vada, big States such as California, added even 5 percent less to road capac- now—is 70,000 square miles. Pennsyl- Florida, Texas, and some of them ity in spite of the fact that the popu- vania is 46,000 square miles. My State would be complaining that they are not lation has grown 19 percent and the

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S348 CONGRESSIONAL RECORD — SENATE February 2, 2004 motor vehicles have increased by 36 pared to only one-third in 1982. That is has more of an ability to contribute to percent. double. Both figures will increase with- its own infrastructure. The ability to Just take that as one statement, one out additional investment. The average contribute is much more equal today statistic, and that justifies everything number of hours per day with conges- than it was in the fifties when there we are doing in trying to beef this up. tion that might be encountered on were huge inequities in the amount of It proves that what we are doing now is urban roads has risen from 4.5 hours in national infrastructure. inadequate, but it is the best we can do 1982 to about 7 hours in 2001. The State that has borne the greatest under the circumstances. The average annual delays per peak burden in the entire life of the Federal Forty-eight percent of those sur- road traveled in 75 urban areas is 60 Aid Highway Program has been my veyed by Zogby described the condition hours. That is significant because, home State of Texas. We are the single of the roads in their local communities when you have delays, you are also largest donor State. Since 1956, Texas as either fair or poor. That was the as- talking about pollution and about leav- has contributed over $5 billion more to sessment of 75 percent of Hispanic ing cars running and trucks running, the program than the State has re- Americans. polluting the air, using up the fuel. We ceived in funds to build its own high- The survey polled a random sample have an energy crisis in this country to ways. In fact, there has never been a of a thousand likely voters nation- start with. year that Texas received more in high- wide—the margin of error is plus or Traffic congestion is now responsible way funding than it sent to Wash- minus 3 percent—and highways and for 5.7 billion gallons of wasted motor ington. public transit are consistently impor- fuel. The total cost of traffic conges- Texas has the most highway miles of tant to Americans. They said in a com- tion to the U.S. economy and lost pro- any State in our Nation. Therefore, the mentary accompanying the survey that ductivity and wasted motor fuel in 2001 people of Texas, obviously, buy more highway safety and efficient public was almost $69.5 billion, or putting it gasoline and, therefore, contribute transit are also high priorities. Over- down so we understand it, that is $528 more to the tax. Over the past 12 years, crowded roads are not only a concern per person. I think sometimes we Texas and other donor States have for commuters but also for Americans throw around figures of billions and made good progress. In 1998, Texas re- who are nervous about another ter- trillions and it is difficult to under- ceived only a 76-cent return on every rorist attack. stand, certainly, for people who are not dollar sent to Washington, a loss of $1.7 Other key findings: 80 percent think spending this much time studying billion. Current law guarantees us 90.5 the Nation’s highways and public tran- these things in Washington. That $69 cents on the dollar, but this is still sit network is extremely important or billion equals $528 per person. very inequitable. very important to the U.S. economy. Shortly, I am going to talk about Though we expected to equalize more The fact is, I commented in my open- some of the other areas of the bill spe- this year, hoping to get up to 95 cents ing remarks that this is by far the big- cifically, section by section. At this at least, that has not happened. I can- gest jobs bill that we can be consid- point, I will yield the floor because I not possibly support the highway fund- ering at any time. That is what 80 per- understand the senior Senator from ing formula in this bill. I am concerned cent of Americans say. Texas has comments she would like to that in an effort to limit costs, the Nearly 8 in 10 also agree that an in- make. committee created a new class of vestment in highways, bridges, and The PRESIDING OFFICER. The Sen- superdonor States. public transit should be considered an ator from Texas is recognized. It appears that Texas, California, and important element in homeland secu- Mrs. HUTCHISON. Madam President, Florida have been designated to shoul- rity and national defense. We know I thank the chairman for allowing me der the burden of the Nation’s trans- this administration is very concerned to speak on this legislation because let portation network at the expense of about national security and homeland me say that I hope in the end I will be their own. I have to object to this new defense. I am glad they are. We are able to support the bill. superdonor category. overdue in addressing these issues. The At this point, I could not possibly do The bill before us distributes $227 bil- people agree with that, also. that because of the inequity to Texas. lion in highway funds using a formula Nearly 90 percent feel it is important Let me say that I know the chairman that will hold six States—Texas, Cali- that their representatives in Congress is working with other Members to try fornia, Arizona, Colorado, Florida, and fight to ensure sufficient Federal fund- to come up with solutions, and I hope I Maryland—at a 90.5 cent rate of return ing for transportation improvement will be able to support the bill in the for 5 years. So for every dollar our con- projects in their local areas. That is in- end. stituents send to Washington, they get teresting because this is at a time Most of the goods that drive our 90.5 cents back. Only in the final year, when people are complaining about the economy ride on our Nation’s highways the sixth year, does that increase to amount of money we are spending. in large part because over the past 50 the level of 95 cents. If Texas were to Two-thirds of Americans say roads years the Federal Aid Highway Pro- receive 95 cents for all 6 years, the for- and public transit systems play a high- gram has assisted the States in pro- mula would provide Texas an addi- ly important role in their everyday ducing one of the world’s finest high- tional $700 million over this period. lives. We are concerned about conges- way and mass transit networks. These superdonor States have one as- tion. I am in my State of Oklahoma. I The majority of that system was de- pect in common: They are the fastest am sure it is the same problem in signed in the 1950s to meet the needs of growing States in America. Ironically, North Carolina and virtually in every a rapidly growing nation to connect to the formula in the bill offers the least State. new population centers in the West. relief to States whose needs are most One of the foremost authorities in Today, there are other critical needs to pronounced, States whose cities and putting together, consolidating the be addressed different from those in the populations are developing most rap- concerns has been the Texas Transport 1950s, particularly the amount of trade idly. Three of these six also are on the International; that is the Texas Aggies’ that is stemming from NAFTA and the Southwest border, so we have the group that put together something increased burden on our infrastructure added burden of infrastructure needs that they conduct annually—not just that NAFTA produces. from NAFTA in addition to being high in Texas but throughout the country— Although strong trade partnerships growth states. as to what we are going to do about with our neighbors—Mexico and Can- The committee thinks we should like congestion. They said, less than a year ada—have provided substantial na- this legislation because while the total ago, that 59 percent of the Nation’s tional benefits, the resultant traffic is spending grows 36 percent, Texas will roadways today are experiencing sig- devastating to our Nation’s infrastruc- see a 42 percent dollar increase com- nificant traffic congestion compared to ture. pared to 6 years ago. However, our in- only 34 percent in 1982. Back in the 1950s, our smaller States crease has little to do with the formula Fully two-thirds of the major roads and Western States needed the extra but is caused by Texas buying more gas in the 75 U.S. urban areas are con- help at the expense of States such as and paying more taxes into the high- gested during peak travel periods, com- Texas. But now, I think, every State way trust fund.

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 2, 2004 CONGRESSIONAL RECORD — SENATE S349 In 2002, Texas contributed 9.11 per- have a Federal highway system, we all I recognize there will be a lot of cent of the total dollars in the trust want it to be a good system, and per- States that are not going to be happy fund, up from 8.27 percent 4 years ear- haps there should be some donor capac- with their formulas. It is those people lier. Buying more gas allows us to con- ity. But a 10-cent-on-the-dollar dona- who try to find a better formula, after tribute more funds. We do grow in dol- tion seems to me to be too high. I hope we put all of our resources together lars returning to the state, but we the chairman will work with us to cre- and spent a year doing this, who have don’t grow as much as we are putting ate all donor States equal, to create ev- had a very difficult time coming up in. We keep the same rate of return, eryone at least at a 95-percent rate of with something that is going to be any 90.5 cents on the dollar, until the sixth return. The House bill treats all of the better. year. donor States the same. Donee States Quite frankly, I spent some time in Ever since the 1993 passage of do vary all across the board. But we Texas. I held a field hearing in Texas. NAFTA, it is these fast-growing have never made a new class of donor I talked to them and hopefully they are superdonor States that are the major States, and I hope we will not do it in going to be very pleased with the mas- trade gateways to the United States. this bill. sive increases, the percentage increase. Eighty percent of NAFTA traffic trav- I hope the chairman will work with For the State of Texas under this bill els through my home State of Texas. those of us who believe there should be over TEA–21, the previous 6-year au- But while the entire Nation benefits a much more equitable funding for- thorization bill, is 42 percent. Now the from that resulting commerce, Texas mula so that I can support the good average increase is 35.6 percent. So bears the brunt of maintenance and up- provisions in this bill. Texas is way above the average in- keep on our highways, and those costs I thank the Chair. I yield the floor. crease and way above the average are not insignificant. The PRESIDING OFFICER. The Sen- amount of the average States. To its credit, the committee did, for ator from Oklahoma. I recognize there are problems with the first time, create a border and a Mr. INHOFE. As we talked about be- any formula, but those are some facts corridor fund that represents some of fore, there are always problems in for- we are dealing with and things we had that added burden on the States on our mulas. There are so many things to to consider. It is always difficult when northern border with Canada and our consider, as we outlined, such as fast- representing 50 States, as we were in southern border with Mexico. I com- growing States, large States, small the committee. I would like to have mend the chairman and thank him for States. I would have to say to the sen- done a lot better for my State of Okla- adding those funds. ior Senator from Texas, we in Okla- homa. I know Senator SANTORUM However, the $1 billion for each of homa are kind of in the same situation talked to me about some of the prob- those funds which, by the time Texas as Texas. We have always been a donor lems in his State. When we look at the gets its fair share, will still not bring State. We are just delighted to look State of Texas and the State of Penn- us up anywhere close to the $700 mil- down the road and see that there is a sylvania, where there is a donee State lion we are losing by not being treated light at the end of the tunnel and that that is dissatisfied, the only way that like other donor States. we are getting to the point where we can be improved would be to do some- In 2002, over 4 million trucks hauling will all have a minimum of 95 percent. thing to lower the ceiling in the other 18 billion pounds of cargo entered from I can remember when that number was States. So it is a difficult thing to deal Mexico through 24 commercial border at 77 percent and then 80 percent and with. crossing facilities. Over 3 million of then 90.5 percent and now up to 95 per- I certainly will yield to the Senator those trucks, or 68 percent, entered cent. from Texas. through Texas. This is one of the difficulties. The Mrs. HUTCHISON. Madam President, In addition to commercial traffic, 90 Senator from Texas is from one of the I do understand the difficulty of deal- million personal vehicles from Mexico three largest States and it is a fast- ing with these formulas, and I am sure also traveled through the Southwest growing State. In my opening remarks, the chairman of the committee and the border States. So Texas now with a I mentioned that to come up with a ranking member tried in every way to bigger infrastructure burden is getting formula, as the Senator from Nevada please as many people as they possibly less percentage of what it sends to has said, it is a very difficult thing, be- could. It just seems wrong to create a Washington than almost all of the cause there are fast-growing States. new level of super donor State. Yes, we other States. There has to be a ceiling but there also have increased to 42 percent instead of I am just hoping the chairman will has to be a floor. There has to be con- the average 36 percent, but that is be- work with us, not to create a new sideration for donee and donor. cause our people are putting more in superdonor State category. I hope we I thought it was kind of interesting, the highway fund because we are buy- don’t break precedent and create this during the remarks of the Senator ing more gasoline. Therefore, of course, new sort of stepchild in donor States from Texas, that the Senator from Ne- our rate of increase would go up. We that will also be used for other for- vada came over and said, I wish we are still in the same position of sending mulas for other kinds of State aid. were doing as well as Texas on percent- a dollar to Washington and getting 90.5 I understand small States have the ages. cents back until year 6. It is just hard ability to have more votes in the Sen- Later on we are going to have full- to see that a donee State has more in- ate. I understand small States may be- size charts. frastructure burden than a State like lieve they should have more of a piece Mrs. HUTCHISON. Madam President, Texas which not only has the most of the pie than the larger States. How- could I offer to make that trade to the highway miles but has 80 percent of the ever, representing a large State as I do, Senator from Nevada on a percentage traffic from NAFTA. I just have to say I think we are all basis? I will trade him right now. I would love to take the chairman of much more equal in capacity now than Mr. INHOFE. Later on we are hoping the committee to I–35 where it is a States have ever been before, and the we are going to have larger charts to parking lot from Austin to Dallas. It concept that there should be donor and be able to show one for every State, takes more time to drive from Austin donee States should be going by the but this one which I will hold up—I to Dallas than it does to fly from Aus- wayside. hope everyone will be able to see it—if tin to Washington. It is just ridiculous. I am not saying we would want to do we take under TEA–21 the average in It is a parking lot, and that is because something that cuts people off precipi- the State of Texas was $2.1 billion. it comes from Mexico through Texas tously or hurts people immediately, That is the average of each year for a and we do not have the capability to but I think we ought to be in a 6-year period. Starting in 2004, they expand at the rate the traffic is ex- phasedown of the entire donor-donee would go up to $2.6 billion; 2005, $2.8 bil- panding on that NAFTA corridor. State strategy or attitude because I lion; 2006, $2.9 billion; and going on up As I said in my statement, the chair- think every State should be able to de- at the end of 2009, it would be $3.6 bil- man did create a real border corridor cide, getting 100 percent of what it lion, almost $3.7 billion, which is a fund that will be helpful, but it still sends to Washington, what it wants the huge increase, of course, over previous does not nearly make up for the deficit money spent for. If we are going to years. we are sending in this new super donor

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S350 CONGRESSIONAL RECORD — SENATE February 2, 2004 State capacity to Washington. It is $700 this very significant vote. In the mean- terback Tom Brady. In fact, they al- million we could be spending on our time, I am inclined to want to share a lowed no sacks of the quarterback in own infrastructure trying to meet few things that are in this bill, which I the Super Bowl or in any of the other these needs if we could get 95 cents on would be glad to do at this time, and games in the post-season playoffs. the dollar back so every donor State then yield to any Senator who comes Truly a remarkable record. would be equal. in who may want to be heard. I want the Senate to adopt the pend- I know it was hard. I absolutely ap- I ask the Chair to go ahead and rec- ing resolution commending the Patri- preciate that. Unfortunately, rep- ognize the Senator from Massachusetts ots on their dramatic victory in a game resenting Texas for 10 years, I have now, if he wishes to be recognized. that will surely rank as one of the been in a lot of the formula fights, and Mine is going to be a rather long state- most exciting Super Bowls ever. small States tend to win. I know the ment. We will go ahead and move to I notice in the chair the wonderful Senator from Oklahoma has been a that when the Senator from Massachu- Senator from North Carolina, Mrs. donor State and knows how it feels, so setts is through. DOLE. I commend, certainly, her enthu- he probably understands how I feel CONGRATULATING THE NEW ENGLAND PATRIOTS siasm for her team. She has reminded right now. I just hope in the end we can Mr. KENNEDY. I thank the Senator. me of that enthusiasm and her very see that we will get to 95 cents either Madam President, the matters before strong support. I commend the Caro- through the help of the border cor- us are of enormous importance to this lina team for showing extraordinary ridors or in the formula in some way to country, and certainly to my State. sportsmanship and competitiveness acknowledge we should not be a super These issues dealing with road trans- and just a superb performance by that donor State with all of the problems we portation and mass transit are basic, team. have. fundamental to our Nation’s infra- If it is agreeable, I believe the resolu- Mr. INHOFE. Reclaiming my time, structure and our economy. We are tion is at the desk. I believe it has been there is a lot of truth to what the Sen- going to be focusing on this over the cleared. ator says. One thing that needs to be next several days. We are very much The PRESIDING OFFICER. We do clarified, and we have asked the staff looking forward to it. There is an in- not have the resolution at the desk. to do it because it has not been done credible need for attention to these im- Mr. KENNEDY. Madam President, I before, is to see—I mean, we are in the portant investments. will call for consideration of the reso- same situation. The State of Texas But I welcome the opportunity to lution at a later time. We will do that, today is getting back 90.5 percent. We take just a moment or two at this time under prior agreement, at a time, as I are getting back 90.5 percent. It is kind to recognize the extraordinary success understand it, that will be later in the of an interesting study that is being last evening, when the New England afternoon. conducted right now to determine how Patriots played the Carolina Panthers. Mr. INHOFE. Will the Senator yield? much of the money—when the Senator Some 80 million Americans watched Mr. KENNEDY. Mr. President, on an- says Texans pay in so much and get that extraordinary game. other subject, I want to address the back so much, a lot of the fuel that is I have a resolution which will give Senate for just a few moments on one being purchased, subject to excise tax, me a great deal of pleasure to offer in of the important aspects of the Presi- is not purchased by citizens of Texas, behalf of myself and my colleague and dent’s budget. The President’s budget should be looked at, not only for what particularly talking about a corridor friend, Senator KERRY, who is not here going through. I know when I am down physically but joins with his enthu- it contains, but also for what is not in- there, I purchase a lot of fuel. That siasm to urge favorable consideration cluded in the budget. Mr. INHOFE. Will the Senator yield same I–35 goes through my State of of this resolution which is meant to congratulate the New England Patriots so I can make a parliamentary inquiry? Oklahoma. A lot of the NAFTA traffic Mr. KENNEDY. Yes. is traffic that is not Texas traffic, but for their dramatic victory in yester- Mr. INHOFE. Madam President, I am they are purchasing fuel there. It day’s Super Bowl. It could not have very interested in hearing the remarks would be interesting to know whether been more exciting. of the senior Senator from Massachu- With 7 seconds remaining in the or not the citizens of my State of Okla- setts. However, we are right now debat- game, the score tied, Adam Vinatieri homa or the citizens of State of Texas ing the cloture motion. While I think it kicked a 41-yard field goal to clinch are actually getting back perhaps more is perfectly appropriate to talk about the Patriot’s second Super Bowl suc- than they are paying in in fuel reve- the game last night, I hate to get into cess in the past 3 years. Mr. Vinatieri nues. another subject when we only have an is making a trademark of kicking the Mrs. HUTCHISON. That would cer- hour and 20 minutes to be talking winning field goals in Super Bowls. tainly be an interesting study to have. about our cloture motion. I would also point out that part of the Two years ago, his 48-yard field goal I, first of all, ask the Senator if this purpose of the gasoline tax is to main- won the game as time expired. is something that could be postponed I also congratulate Tom Brady, the tain highways for use, and even if it is until after that motion. someone like the Senator or someone youngest quarterback in National Mr. KENNEDY. I know we just heard using the highway for NAFTA pur- Football League history to win two my good friend from Texas talk about poses, they are using the highway and Super Bowls. He had another out- the Border Patrol and the commission it is the wear and tear that must be standing day with 350 yards passing that has been established. maintained. and had 3 touchdown passes. Mr. Mr. INHOFE. Which is on this bill. Mr. INHOFE. I thank the Senator Brady’s performance gave him his sec- Mr. KENNEDY. It is on this bill. I am from Texas. ond Super Bowl Most Valuable Player conscious of that. I will not take a I do not see others waiting to be trophy in 3 years. great deal of time, but I am not famil- heard. As we all know, tonight, in The Patriots had a remarkable sea- iar with restrictions. I inquired of the about an hour and 25 minutes from son. They tied the Miami Dolphins’ Chair to be able to work out a suitable now, we will be having a cloture vote. record in 1972, winning 15 straight time to be able to speak. I don’t intend Is that correct, Madam President? games. Much of the credit goes to the to take much time. The PRESIDING OFFICER. Yes, that man named Coach of the Year, Bill The PRESIDING OFFICER. Debate is correct. Belichick, and his two outstanding as- has to be relevant to the pending meas- Mr. INHOFE. Between now and then, sistant coaches, Romeo Crennel, who ure. we will have a chance to hear from a produced the No. 1 defense in the Na- Mr. KENNEDY. Well, I will make it lot of people, and as they come in I tional Football League, and Charlie to be. would be glad to have them heard on Weiss, who produced the team’s out- Madam President, I suggest the ab- this subject. In the meantime, I will standing offense. sence of a quorum. make a statement that I would other- Among the Patriots’ heroes of last The PRESIDING OFFICER. The wise be making after the cloture vote. night’s game, and for the entire season clerk will call the roll. I am hoping the cloture vote will be as well, was the offensive line. They did The assistant legislative clerk pro- successful and we can move right on to an outstanding job of protecting quar- ceeded to call the roll.

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 2, 2004 CONGRESSIONAL RECORD — SENATE S351 Mr. INHOFE. Madam President, I ask age monthly rate from 1973 to 2003 was market. These amount to the flatliners, in- unanimous consent the quorum call be 150,000. The estimate for January 2004 dustrious people overlooked on the adminis- vitiated. is 375,000. And there is not one word in tration’s screen of spiking recovery indexes. The PRESIDING OFFICER. Without here to recommend that we have a Mr. KENNEDY. Madam President, I objection, it is so ordered. temporary extension of unemployment also want to mention one other item Mr. INHOFE. Under the rules, it is compensation. that is included by reference. That is my wish, as the chairman of the com- These are all hard-working Ameri- the item of the President talking about mittee, that we get to this very impor- cans. They are not eligible for the un- his overtime provisions. tant bill. The Senator from Massachu- employment compensation fund unless Again, he has indicated his support setts has agreed, if he could be recog- they have paid into it. They have paid on the overtime provisions that will ef- nized, he would keep it down to 10 min- into it. And we are finding objection fectively eliminate overtime coverage utes. That would be acceptable to me, from the other side to providing some for 8 million Americans—primarily if it is acceptable? relief for these workers. I can’t believe firefighters, policemen, and nurses, Mr. KENNEDY. That will be fine. I that. who are the backbone for homeland se- ask to be notified when I have 30 sec- Second, I ask unanimous consent to curity. I have said here a number of times onds left. have printed in the RECORD a New York that I was not only strongly objecting THE BUDGET Times editorial from Friday that to the administration’s proposal but I Madam President, the President’s makes this very point I have just budget that was submitted today, particularly object to the inclusion in made. I will quote part of it. the administration’s proposal that which is really the declaration by the The pernicious joblessness bedeviling the talked about training in the Armed administration with regards to defense nation is spawning a new category of Ameri- Forces which can make a worker over- and national security, but also is ex- cans dubbed ‘‘exhaustees’’; the hundreds of time ineligible. That, I thought, was traordinarily important in terms of thousands of hard-core unemployed who have the cruelest part of the proposal. health policy and education. There is run through State and Federal unemployment aid. According to the latest estimates, We have American service men and probably not a more important docu- women who are in Iraq, in combat, or ment that is submitted by any Presi- close to 2 million Americans, futilely hunting for work while scrambling for economic in the National Guard and Reserve. dent than the budget item indicating a sustenance, will join the ranks of exhaustees Many of them will be coming right nation’s priorities. So that is why I in the next six months. They represent a back and will return to the civilian job wanted to be able to just take a few record flood of unemployed individuals with market. Yet if they are going to have moments on one particular aspect of it, expired benefits—the highest in 30 years— the training in the Armed Forces, they who are plainly desperate for help. and that is the state of our economy could be ineligible for overtime. I have and how this budget addresses the The emergency program cries out for immediate renewal. said that before on the floor of the Sen- state of that economy or how it failed ate. to do so. I ask unanimous consent that full My good friend Secretary Chao—and I just wanted to share with the Sen- editorial be printed in the RECORD. I see the former Secretary of Labor ate the strong sense that we are in a There being no objection, the mate- presiding over the Senate—wrote a let- rial was ordered to be printed in the jobless recovery. This economy may be ter to Speaker DENNIS HASTERT. She fine for Wall Street, but it is bad for RECORD, as follows: pointed out we shouldn’t worry about Main Street. I have certainly seen that [From the New York Times, Jan. 30, 2004] the fact of the military. in the last weeks or months that I have EXHAUSTING FEDERAL COMPASSION I ask unanimous consent that the had a chance to get around this coun- The pernicious joblessness bedeviling the letter be printed in the RECORD. try. I saw it up in the State of New nation is spawning a new category of Ameri- There being no objection, the mate- Hampshire, where every new job is pay- cans dubbed ‘‘exhaustees’’: the hundreds of rial was ordered to be printed in the ing 35 percent less than the jobs that thousands of hard-core unemployed who have RECORD, as follows: run through state and federal unemployment had disappeared. I saw that down in SECRETARY OF LABOR, aid. According to the latest estimates, close New Mexico, where you still have 78,000 Washington, DC, January 27, 2004. to two million Americans, futilely hunting workers who are waiting for an in- Hon. J. DENNIS HASTERT, for work while scrambling for economic sus- Speaker of the House of Representatives, crease in the minimum wage and the tenance, will join the ranks of exhaustees in Washington, DC. new jobs are paying 23 percent less. the next six months. They represent a record DEAR MR. SPEAKER: I write to provide you It is the same in Arizona, in Michi- flood of unemployed individuals with expired gan, in South Carolina, and across the with the facts to correct the record following benefits—the highest in 30 years—who are last week’s Senate floor debate on the Con- country. South Carolina has lost tens plainly desperate for help. solidated Appropriations Act with regard to of thousands of jobs. So I was inter- President Bush and the Republican-con- the Department of Labor’s proposed revision ested about what is in this budget, or trolled Congress are doing nothing to help of the Fair Labor Standard Act’s overtime what would fail to be in this budget, these people. Washington showed no qualms exemption regulations. I also would like to with regard to American workers. last month in allowing the expiration of the thank you for your support and leadership on One of the principal concerns that I emergency federal program that had offered the important issue. an extra 13 weeks of help to those who ex- The recent allegations that military per- find from families while traveling hausted state benefits. Historically, such across this country is the failure of the sonnel and veterans will lose overtime pay, help has been continued in periods of con- because of proposed clarifications of the Fair Senate to respond to the problems of tinuing job shortages. Labor Standards Act (FLSA) ‘‘white-collar’’ those who are unemployed with the ex- A year ago, the aid was extended an extra exemption regulations, are incorrect and tension of the unemployment insur- year by Republican leaders. But now, the harmful to the morale of veterans and of ance. There are 90,000 workers a week G.O.P.’s election-year talk is of a recovery American servicemen and women. I want to who are losing their unemployment rooted in the tax cuts weighted for affluent assure you that military personnel and vet- compensation. There is virtually noth- America. Tending to the exhaustees clearly erans are not affected by these proposed mars that message. ing in this legislation that deals with rules by virtue of their military duties or The emergency program cries out for im- training. that. The unemployment compensation mediate renewal. It costs $1 billion a month, First, the Part 541 ‘‘white collar exemp- fund has nearly $20 billion. money that is available from the federal un- tions’’ do not apply to the military. They The proposal that has been offered by employment fund. cover only the civilian workforce. Senator CANTWELL and others would In January alone, 375,000 unemployed peo- Second, nothing in the current or proposed provide for some 13 weeks of unemploy- ple are running out of state benefits with regulation makes any mention of veteran ment compensation. It has been re- nothing to help them through to spring, ac- status. Despite claims that military training jected by the other side more than 12 cording to estimates of new federal data by would make veterans ineligible for overtime the Center on Budget and Policy Priorities, pay, members of Congress should be clear different times. a capital watchdog group. Without action, Look at this chart. It shows the aver- that the Department of Labor’s proposed the exhaustee toll will mount. rules will not strip any veteran of overtime age number of out-of-work Americans Many will slip into the limbo of the more eligibility. who are running out of unemployment than 1.5 million Americans who have given This has been one of many criticisms in- benefits and not finding jobs. The aver- up looking for work in the inert employment tended to confuse and frighten workers

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S352 CONGRESSIONAL RECORD — SENATE February 2, 2004 about our proposal to revise the badly out- Bush overtime proposal denies overtime to the problem with the State of Texas dated regulations under the FLSA ‘‘white veterans. and the State of Pennsylvania. If we do collar’’ exemption regulations. It is disheart- The overtime proposal explicitly states one, we will negatively impact the ening that the debate over modernizing these that training in the armed forces can dis- other. Our goal has been to streamline regulations to meet the needs of the 21st qualify workers from overtime protection. Century workforce has largely ignored the Many employer groups encourage the Bush the project delivery process to create broad consensus that this rule needs sub- administration to deny overtime protection greater flexibility for States to spend stantial revision to strengthen overtime pro- to more categories of work, such as veterans. their highway safety dollars in the tections. Look at these comments from the areas of greatest need. The growing ambiguities caused by time National Association of Manufacturers. Most Members agree that in Wash- and workplace advancements have made ington we do not have all the answers. both employers’ compliance with this rule NAM applauds the department for includ- and employees’ understanding of their rights ing this alternative means of establishing The Presiding Officer would admit increasingly difficult. More and more, em- that an employee has the knowledge re- readily that people in North Carolina ployees must resort to class action lawsuits quired for the exemption from overtime pro- know about the needs in North Caro- to recover their overtime pay. These workers tection to apply. For example, many people lina greater than we do. That is one must wait several years to have their cases who come out of the military have the sig- good thing about this program; we do adjudicated in order to get the overtime they nificant knowledge based on work experi- leave a lot of it to the States. We do ence. have already earned. In fact, litigation over more than that in this reauthorization. these rules drains nearly $2 billion a year There it is. Veterans who go in and I have talked to people in a number of from the economy, costing jobs and better have that specialized training which is pay. States, including people in the State of so necessary not only for their security Texas, who are very pleased with the I hope that this latest concern will be put but the security of their squad mem- to rest immediately. Once again, I assure idea that they are getting more flexi- you that military duties and training or vet- bers or their company members, their bility. This bill recognizes they have a eran status have no bearing on overtime eli- platoon, or whatever it might be, they better idea of the needs of their State. gibility. We hope that future debate on this get that. When they come back as a I certainly know that to be true in the important provision is more constructive. If member of the National Guard and re- State of Oklahoma. we can provide further assistance in setting turn to the civilian workforce, bang, Finally, the goals were to focus at- the record straight, we would be pleased to zippo, their employer comes up and do so. The Office of Management and Budget tention on freight movement. This has says, This is what the rule is. This is not been considered. Freight movement has advised that there is no objection from what the regulation is, the letter from the standpoint of the Administration’s pro- is the responsible party for a lot of the gram to the presentation of this report. the Secretary notwithstanding. congestion referred to by several We are going to make an effort to Sincerely, speakers so far, causing trucks to idle, eliminate that whole overtime rule be- ELAINE L. CHAO. cars to idle, time wasted when pollu- cause we do not believe the men and Mr. KENNEDY. Madam President, let tion carries on where we are paying for women who are the heart and soul of me quote a couple of parts of it. This is additional gasoline but nothing is mov- homeland security, who are the fire- the letter to the Speaker by Secretary ing. fighters, police, nurses, and others Chao stating ‘‘that military personnel Although the proposed bill before the and veterans are not affected by these ought to be carved out from overtime protections. There are many problems Senate addresses each of these areas, it proposed rules by virtue of their mili- has not covered all the reforms I would tary duties or training.’’ with our economy today, but one of them is not that our firefighters and like to cover. However, it is a good That is what she says. start. We made a good start. It has However: policemen and nurses are getting paid too much. been in the spirit of cooperation. His- Proposed section 541.301(d) states that torically, when we reauthorize a high- ‘‘training in the armed forces’’ can make a The PRESIDING OFFICER. The Sen- worker an overtime ineligible. ator has 30 seconds remaining. way bill, it is not partisan. As we worked together, Senator JEFFORDS, This is new language. It is not in the Mr. KENNEDY. I thank my friend. I Senator REID, Senator BOND, and my- current regulations. The only purpose will take time at another time to go self, in many hours of putting together is to take away overtime for veterans. through the various provisions of the our best ideas, there were things I Either it is in there or it is not in budget dealing with education and would have preferred to have in here there. It happens to be in the regula- health. I think it is important that the that are not here. This is a good start. tion. American people understand exactly She states: what those provisions do and don’t do The Federal aid highway system is a First, Part 541 ‘‘white collar exemptions’’ for the American people. key component to America’s continued do not apply to the military. They cover I thank the floor manager. economic growth. The free flow and only the civilian workforce. The PRESIDING OFFICER. The Sen- movement of goods, safety for trav- No one is claiming that the rule af- ator from Oklahoma. elers, advancement and use of tech- fects the military force. The issue is Mr. INHOFE. Madam President, I ap- nology, and security of our borders and the veterans who leave the military to preciate the Senator from Massachu- freight corridors are essential to our work in the civilian workforce would setts using the time. He has a concern economic stability. Our investment in lose overtime protections because they about the extension of unemployment this critical infrastructure is not only have had training in the Armed Forces. benefits, and we are all concerned required for people in goods movement Then it goes on: about that. A lot of that would be alle- but almost the foremost link in cre- Second, nothing in the current or proposed viated with the passage of the trans- ation of jobs and opportunities for all regulation makes any mention of veterans portation bill. This is the largest jobs Americans and represents the largest status. bill we will be considering this year, or investing in discretionary programs. No. But the proposed regulation, for perhaps in a 6-year period. It is very I remember seeing that familiar the first time, addresses ‘‘training in significant. square-shaped sign ‘‘Men Working’’ and the armed forces.’’ Veterans who work Madam President, one of the goals someone very creatively inserted in the civilian workforce who typically for reauthorization of TEA–21 has been ‘‘Not’’—‘‘Men Not Working.’’ It is have received such training. to increase the rate of return to donor clear, each day we fail to enact a com- It isn’t the people who are in the States. We have talked about that. We prehensive 6-year reauthorization of military. We agree with that. It is after have had several bills in the past in the highway program, we continue to they get out that they are going to be which we wanted to achieve that. In erode the ability of our economy to subject to this. If they don’t want it in, this particular one, we achieved it to a grow. they ought to have another rule that smaller degree in TEA–21. But in this Many colleagues share my strong de- eliminates that. reauthorization, we want to further in- sire to get this bill passed and sent to I want to bring to the Senate’s atten- crease the return to donor States with- the President by February 29. On Feb- tion the understanding of the National out negatively impacting the growth of ruary 29, the extension we have on Association of Manufacturers. donee States. That is where we get into TEA–21 expires. No State benefits by

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 2, 2004 CONGRESSIONAL RECORD — SENATE S353 prolonging the process through tem- the increased costs would be at the ex- areas. Reports indicate that on a na- porary extensions of the current pro- pense of the large donee States such as tionwide scale, road congestion costs gram. It disrupts planning; it disrupts New York and Pennsylvania. the U.S. economy about $67 billion an- the ability to plan ahead on the avail- Since releasing this plan on January nually, including 3.6 billion hours of ability of workers to get the very most 21, I have heard from both large donor delay and 5.7 billion gallons of gasoline out of it. It is very important we do State members who are concerned that is wasted. Here we are with a fuel that. The proposal before the Senate their States do not reach 95 percent crisis, an energy crisis in this country, provides the framework for transpor- until 2009 and donee State Senators and we are wasting 5.7 billion gallons tation investments needed to accom- who believe their States do not grow as of fuel. plish our shared goal of creating new much as they would like. Both sides The committee bill also proposes to and better economic opportunities. raise valid concerns. But the cold re- give States and localities increased The centerpiece of our bill is the new ality is, in order to get the bill through ‘‘tools’’ to deal with this problem, by Equity Bonus Program which replaces the Senate—we are talking about S. permitting and encouraging the use of the Minimum Guarantee Program. The 1072, on which there will be a cloture innovative techniques such as ‘‘hot’’ Equity Bonus Program increases the vote an hour from now—it has to take lanes for single occupants who pay a minimum rate of return for donor care of both donor and donee States. toll to ride in high-occupancy lanes as States while ensuring fair treatment to So there have to be compromises. We well as variable toll pricing, which uses donee States, about which we have have made compromises. As the Sen- varying peak-hour pricing to control been talking. ator from Nevada said, there are a lot congestion during regular high-volume All donor States reach 95 percent re- of things he believed he cannot get for periods. We have tried to do this in the turn on highway trust funds by 2009. his State that he believed he should past. We are just being more innova- That is a huge increase. We remember have, and the same is true for my State tive in carrying this further. when it used to be 77 percent and 80 of Oklahoma. SAFETEA establishes the Intermodal percent. In addition to the fact that we After working on this for over a year, Passenger Facilities Program, which are going to get everyone up to 95 per- JIM JEFFORDS, KIT BOND, HARRY REID, provides grants for making necessary cent return in this bill, all States take and I decided the most fair, reasonable, connections between various modes of home more money than they did under and logical way to balance donor and transportation. Current surface trans- TEA–21. Unlike the current Minimum donee needs was by creating ceilings portation programs fail to address the Guarantee Program, which is in place and floors. Both benefit but both have importance of intercity bus services. In right now, where the table in section to give up some growth in order to help my State of Oklahoma, many people 1104 governed what your State received others grow. are using the intercity bus services to each year in Federal highway dollars, In order to get this bill off the floor, travel between our two largest cities, under the Equity Bonus Program the we have to have 60 votes, which means Tulsa and Oklahoma City, and our formulas are the driving force, not the a balance between the donor and donee rural areas. politics. States. This proposal achieves that. In many cases, this type of service is The 1104 section approach, or min- Another new initiative is establish- the only link rural communities have imum guarantee, is an approach that ment of a new core funding category to larger urban areas where connec- was purely politically driven. A lot of for safety. With highway fatalities ap- tions can then be made to both na- people were outraged about it. But proaching an unacceptable 43,000 a tional and international destinations. they sat down and said we will put year, Congress has the responsibility to Specifically, this provision would en- some percentages here until we reach make the roads safer. That is why we courage the development of an inte- 60 votes and we can pass a bill. But call this SAFETEA. The purpose of the grated system of public transportation that is not fair. Certainly, we correct new highway safety improvement pro- facilities through intercity bus facility that situation in this bill. gram is to increase the visibility and grants. We allow the formulas to work. We effectiveness in funding for safety I see that the ranking member of the recognized there would be some inequi- projects in such a way as to produce a Environment and Public Works Com- ties if we allowed the formulas to be dramatic reduction of highway fatali- mittee, Senator JEFFORDS, is in the the sole factor in distributing dollars ties and injury. Chamber. I am sure he has a few re- to the States. Therefore, we subjected SAFETEA also addresses the signifi- marks to make. If I could finish with States to growth ceilings in each year; cant challenges involved in intermodal this before I get into the section-by- that is, there is a ceiling. So we get the connectivity by creating a set-aside section analysis, would that be accept- fast-growing States that will not have from the National Highway System able with the Senator. more than they would be entitled to at Program for the completion of ‘‘last Thank you. I will go ahead and do the expense of those that are currently mile’’ connections. One of the frus- that at this time. donee States. This accomplishes the trating aspects of freight congestion is During the 107th Congress, we all ex- two goals and keeps the costs of the the need to complete the last connec- perienced a cold dose of reality when Equity Bonus Program affordable and tion between port terminals and high- the revenue aligned budget authority— ensures that donee States are still able ways or the connection between freight that is, RABA—was negative for the to grow. rail and highways. This has never been first time. Hysteria hit. We were all We also recognized that States with addressed in the previous authorization concerned at that time. The principle lower tax bases have an added chal- bills. This proposal not only identifies that dollars into the trust fund should lenge to adequate funding of their a funding source for intermodal con- equal dollars out is fiscally sound and transportation system. We define these nectors but also creates room at the responsible and something I strongly States as States with low population or planning table for freight interests and support. However, to maintain consist- low population densities and low in- concerns. ency in the program, we need to even come. We guaranteed these States at Additionally, this bill lowers the out the swings in revenue projections. least their TEA–21 rate of return. threshold level for assistance under the Last year, we learned that unless the Finally, large donor States do not Transportation Infrastructure Finance mechanism to predict future revenues reach 95 percent until 2009. This is a and Innovation Act, TIFIA, from $100 is more realistic, the potential con- concern for some of the Senators from million to $50 million, which I think all sequences can be disastrous. Some will Florida, California, and Texas. This is four Members thought was a dramatic argue that we should not allow nega- because the growth ceilings prevent improvement, to make some structural tive RABAs. I disagree. As I stated ear- them from growing too fast at the exchanges to the program designed to lier, I strongly support the principle of pense of large donee States. This make this financial tool more usable to ‘‘dollars in equals dollars out.’’ If we means they bump into the ceiling. For States. continue to rely on the system of rev- instance, if we were to increase the Freight congestion is not the only enue projections, we must accept the growth ceiling in any year to move the mobility issue. Personal mobility is negatives along with the positives. large donor States to 95 percent sooner, also a problem in both urban and rural While the pay-as-you-go system of

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S354 CONGRESSIONAL RECORD — SENATE February 2, 2004 funding highways may be cumbersome, course, Senator REID and I have been Federal Government. A simple exten- it is also an important fiscal principle working very closely, together with sion means commuters will spend more we should retain. our staffs, to get to the point where we time stuck in traffic. A simple exten- At the same time, we can and need to are now. So I publicly thank the Sen- sion means visits to the grocery store make improvements to RABA to make ator from Vermont for all the hard or the doctor’s office or the drugstore it more reliable in the future. This bill work he has put into this bill and for or the restaurant will take longer. does that by modifying the RABA cal- the cooperative method of how we have Thirty-two percent of our major culation so that annual funding level come to some compromises. Perhaps roads are in poor or mediocre condi- adjustments are less dependent on fu- neither one of us is really excited tion. Almost 30 percent of our bridges ture anticipated receipts and more de- about it, but we know that is the art of are in bad shape. We have to address pendent on the levels of actual receipts compromise. these problems, and our transportation to the highway trust fund. The PRESIDING OFFICER. The Sen- bill will help get that job done. We strengthen stewardship of high- ator from Vermont. We are asking for a ‘‘yes’’ vote to way trust fund dollars by requiring Mr. JEFFORDS. Madam President, I move this bill to the Senate floor for a project management plans and annual thank the Senator for his very kind full debate on its merits, and we hope financial plans to be submitted for all words. I certainly reciprocate and ac- to do it soon. It will be open for amend- Federal aid projects above $1 billion or knowledge the amount of cooperation ment, and the chairman and I will more and requiring annual financial we have had, especially that our staffs work with all Senators in this effort. plans for all projects receiving $100 have had working together, which has Do not forget, the EPW bill increases the amount of funding for each and million or more in Federal aid funding. greatly stimulated all of us to recog- every State. And every State gets more Both of these items were raised in last nize we have a good bill and we are than they did last time. I think that is year’s hearings on reauthorization as going to get it done. correct. areas needing additional oversight. I I would also like to announce to the Chairman INHOFE has been a very might add that even the States came in Senator that I just left the Finance forceful leader in this massive under- and were supportive of this idea. Committee, and we voted out—as was taking to reauthorize our Nation’s As our system ages and becomes expected—favorably the money to get transportation laws. He has thought- functionally obsolete, extensive recon- it done. So we are ready now to proceed fully devised an innovative plan that struction will need to occur. Typically, to it tonight, and hopefully we will. balances the interests of the great ma- these projects are very large in scope Chairman INHOFE and I are urging a jority of donor and donee States. and I believe require careful oversight ‘‘yes’’ vote, of course, to move the That is a tough one. Chairman to ensure proper management of funds transportation bill to the Senate floor INHOFE is to be commended for his cre- and fewer opportunities for surprises in where it can be fully debated and ativity and energy in crafting major the construction process. These amended. This bill will strengthen our aspects of the bill, which the EPW changes are designed to give us the in- Nation’s transportation system, create Committee is putting before the Sen- formation needed to accomplish crit- hundreds of thousands of jobs, and im- ate. ical oversight. prove the safety of our transportation As head of the Subcommittee on Colleagues, the bill in front of you system. Transportation, Senator BOND has represents the culmination of Senate Our Nation’s roads and bridges and worked closely with Senator INHOFE efforts for reauthorizing critical trans- transit systems need immediate atten- and led the charge to obtain a strong portation infrastructure needs across tion. Passage of the bill will provide es- level of funding for this effort. America. This bill aims at funding all sential Federal funding to the States Senator HARRY REID, the ranking States equitably and generously, in- so they have the resources needed to member of the subcommittee, and I creasing the safety of drivers and pe- maintain and improve our transpor- have worked together with Senators destrians on our roads, streamlining tation infrastructure. We cannot afford INHOFE and BOND throughout the Com- environmental review processes while to wait any longer to make much-need- mittee process and stuck together at protecting critical natural resources, ed investments in our transportation the Committee markup to protect and improving program effectiveness and infrastructure. enhance the passage of the bill. efficiency, and preparing for the trans- Fortunately, unlike many other bills, History should also record that many portation needs of the future. our transportation bill will be fully off- fine staff worked long hours and pro- I ask my colleagues to consider the set and paid for. The Finance Com- posed some excellent approaches for significant level of effort put into the mittee did a tremendous job working our consideration. They have done a preparation of this bill by the several this out. As I said just a moment ago, tremendous job. committees involved, the administra- they passed it. Before I conclude I would like to tion’s recommendations, and stake- Let us not forget that each time you mention my old friend John Chafee. holder input. I believe this bill does go to the gas pump, you are paying for Six years ago, Senator Chafee was the that. this bill. Our transportation bill better Chairman of the EPW Committee. He I would like to make one comment. spends the gas taxes you are currently moved this massive bill with the grace We do have a vote coming up in 50 min- paying. We do not increase the Federal and the tenacity that was his trade- utes from now, and we have several gas tax; we better spend that tax to mark. John Chafee was a giant in this body, people who want to be heard. I would help States, counties, and cities ad- and he is missed very much today by only say we have been talking a lot dress their transportation needs. about formulas. As most of us know— A 6-year bill will allow us to better all those who had the wonderful opportunity to work with him and shared his but sometimes it does not come out spend the gas taxes and fund State ef- expertise. forcefully—there are other funds that forts to reduce congestion, improve I can only hope that we all draw on are going to be available. About 7 per- transit programs, repair dangerous the lessons of bipartisanship, of co- cent of the amount that would be in bridges, and improve freight mobility. operation and of consensus that John formulas would be found in projects. A 6-year bill will create over 2 million taught us. Anyone who wants this bill should con- new, high-paying jobs. That is 2 million To sum up, we are asking for a yes sider voting for cloture so we can get high-paying jobs. vote to get this bill to the Senate floor on the bill. We would expect them to Chairman INHOFE is absolutely cor- for a full debate on its merits. certainly support this motion if they rect; since the bill is deficit neutral, Our Nation needs this bill and needs have an interest in projects for their putting off our bill until next year will it now. States. only make matters worse. So let’s do it I thank the Chair. At this time I will just repeat one now. The PRESIDING OFFICER (Mr. COR- thing I said earlier when the Senator, An extension simply means that ur- NYN). The Senator from Florida. Mr. JEFFORDS, was not in the Chamber. gent highway and bridge repair costs Mr. GRAHAM of Florida. Mr. Presi- We have been talking about how Sen- will be more heavily borne by States dent, I would like to take a few mo- ator JEFFORDS, Senator BOND, and, of and local governments than by the ments to raise some questions about

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 2, 2004 CONGRESSIONAL RECORD — SENATE S355 the wisdom of invoking cloture on this Mr. MCCAIN. Has the Senator seen deficit, and that is the deficit in our bill at this time. I am concerned that the first bill that we passed in 1956? basic infrastructure. While it is not as this is a deficient bill in a very funda- This is the bill that was passed in 1956. graphic and we do not get a report on mental sense. This is the bill in 2004. How far we have it as frequently as we do on the trade One, it is deficient because one of the come. deficit or the fiscal deficit, it is just as key parts of this bill, public transit, How far and disgraceful a path we pernicious and maybe even more so. has not yet been voted out of the com- have tread with this porkbarrel-laden If you ask yourself the question, how mittee of jurisdiction. So we are deal- piece of overspending at a time when is the United States of America going ing with a bird which is missing its we have all-time deficits. to compete in a global economy which right wing and a significant number of I urge my colleagues—in fact, I urge worships at the altar of lowest unit tail feathers. I believe we ought to wait the managers of the bill—to look at cost of production and be able to main- until we can see the full program be- what they did in 1956 to fund the high- tain American living standards, that fore we vote cloture on proceeding on ways in the United States and what will be a major challenge for the next this bill. they are trying to do now which is generation of the American public and Second, the Finance Committee has wasteful and disgraceful. I wonder if their political representatives. just voted on the legislation relative to my colleague would have a look at Mr. REID. Will the Senator yield for how to finance this bill. I will have to that. a question? say, I am very concerned about the ap- Mr. GRAHAM of Florida. I look for- Mr. GRAHAM of Florida. I will con- proach we are taking. Essentially the ward to doing so. clude first and then I will take a ques- approach is, by whatever words you Let me make my last point with tion. I believe two of the fundamental wish to use to describe it, to take which you might not agree. I think we parts of being able to answer that ques- money from the general revenue fund need to establish what are we trying to tion are that the United States needs and use it to replace funds which his- do with this legislation. We are not to have the best educated population torically have come from the users of just passing a piece of legislation in on earth so that we can continue to the transportation system. order to shove money out the door. generate the innovative ideas and the At a time when we just received a When we passed TEA–21 5 years ago, I efficiency in production that has budget from the President that is over made on this floor a prediction which hallmarked our economy. Second, the key responsibility of the $500 billion in deficit—I repeat, $500 bil- saddened me but has come to pass; that public sector is to maintain an infra- lion in deficit for this next year—to be is, that as a result of TEA–21, our high- structure that will be as efficient as further adding to the deficit by strip- ways, our bridges, and our public tran- possible. Those are two of the keys to ping out funds which would otherwise sit systems are in worse shape with have gone to general revenue seems to American productivity which will greater congestion than they were the me to be more than reckless. allow us to compete in the global econ- day we passed TEA–21. Even if you accepted the proposition omy and maintain an average income Why is that? It is because we have ei- that it was all right to use general rev- and standard of living that is dramatic ther inadequately funded those basic enue to finance highway and transit and above the rest of the world. In my parts of our American infrastructure purposes, the key portions of these judgment, this legislation will not funds come from what I would call, or, if we did adequately fund them, the achieve that objective, while at the charitably, ‘‘funny money sources.’’ As resources were not distributed to where same time adding to our national def- an example, we use the closure of cer- the needs were the greatest. icit. tain tax loopholes, which even have Let me cite a few examples. Accord- For those reasons, I believe we names such as the Enron tax loophole. ing to the U.S. Department of Trans- should take more time with this legis- That is probably a very good thing to portation’s conditions and performance lation, see what comes out of the do. The problem is, we have already report, which is prepared every other Banking Committee for public transit, done it twice before. We used the same year to measure the needs of the Na- be able to understand the implications set of tax closures of loopholes to fi- tion’s highways and transit system, let of the financing program that was just nance the jobs bill. That is the bill that me quote from that report: reported by the Finance Committee, relates to international taxation and Capital investments by all levels of gov- and what is going to be required in has been precipitated by the fact that ernment between 1997 and 2000 remain below order to avoid another 6 years of deg- the European Union declared—sup- the ‘‘cost to maintain’’ level. Consequently, radation of our basic public surface overall performance of the system has de- ported by the World Trade Organiza- clined. transportation system. tion—a portion of our taxation of Mr. REID. Will the Senator yield for That same report estimates that over international transactions to be ille- a question? the 6 years of TEA–21, the quality of gal. And if we don’t provide an accept- Mr. GRAHAM of Florida. Yes. able alternative, we face the prospect the highway system has degraded by 6 Mr. REID. It is my understanding of very significant retaliatory tariffs percent and that 29 percent of Amer- that the Senator from Florida is con- against our products. So there is going ica’s bridges are considered struc- cerned about, for example, the bridges. to be a lot of impetus to get that bill turally deficient. Of all the bridges we have in America, passed. On the issue of congestion, there is a about a third of them are in disrepair. The second bill which uses these study which was done by the Texas The Senator is aware that some of same items is the CARE bill which is Transportation Institute, I believe, at these bridges are in such bad condition the charitable giving legislation that I Texas A&M University. This was what that school buses won’t drive over know has a significant amount of sup- they had to say about congestion: them. They stop the bus and have the port. Since we can’t use the tax loop- In 2001, 5.7 billion gallons of fuel were kids walk across and the bus comes hole closures more than once, are we wasted as a result of congestion; 3.5 billion across and they load it up again. The making the decision that we are going hours of lost productivity resulting from Senator, from the statements I have traffic congestion. to do it for the highway bill and, there- heard him make before the committee fore, have it unavailable for the jobs Those hours and gallons lost cost the on which we serve together, statements bill and the CARE bill? Nation $69.5 billion, a $4.5 billion in- I have heard him making over the Mr. MCCAIN. Will the Senator yield crease from the year 2000. The estimate years, and in his experience as the Gov- for a question? is that if we appropriate the funds that ernor of Florida, indicates to me that Mr. GRAHAM of Florida. I yield, yes. are currently being suggested, that loss he thinks we should do something Mr. MCCAIN. Has the Senator seen in gallons of gasoline and productivity about these bridges, as an example. the size of this bill? will rise to $90 billion by the year 2009. The Senator may be aware that prior Mr. GRAHAM of Florida. Yes, I have Mr. President, we have lots of defi- to 9/11, I introduced legislation called observed it. And I might say, it will be cits in this country. We are talking the American Marshall Plan. The reso- somewhat larger when the public tran- today about the deficits in our budget. lution has been passed by the National sit section and the financing section We talk regularly about the deficits in Council of Mayors and other organiza- are added. our trade balance. But we have another tions in the States saying we need to

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S356 CONGRESSIONAL RECORD — SENATE February 2, 2004 do something with our infrastructure The second concern is that we are der if Senator DODD can indicate how separate and apart from the regular going to be adding to one of the other much time he wants. highway bill we do every 5 or 6 years. deficits in this country, which is our Mr. DODD. Ten minutes. Is the Senator in a position to say in fiscal deficit, by diverting money Mr. INHOFE. Will the Senator yield? addition to the work being done on this which otherwise would have gone into Mr. REID. Yes. highway bill, we need to look at other general revenue in order to pay the Mr. INHOFE. I suggest, we have 24 parts of the infrastructure, including cost of both the highway and the public minutes and we have three people to be water, sewer, and bridges? Does the transit system. heard, including the Senator from Con- Senator acknowledge that? Finally, the specific elements of that necticut. That is 8 minutes apiece. Mr. GRAHAM of Florida. Absolutely. transfer from general revenue to the Does the Senator object to speaking for I am privileged to serve on the Envi- transportation fund are extremely 8 minutes? ronment and Public Works Committee questionable. I mentioned one set of so- Mr. DODD. No. with our distinguished colleague from called tax loophole closers that we Mr. REID. Mr. President, I ask unan- Nevada, and we both know the state of have already spent before. How much imous consent that Senators DODD, our water and sewer systems are even confidence can we have that this bill is BOND, and THOMAS be recognized for 8 worse than our transportation system, going to get to the finish line before minutes in that order. in terms of their degradation and inad- the jobs bill or the charitable giving The PRESIDING OFFICER. Without equacy, and with every year that bill, so that this essential part of the objection, it is so ordered. The Senator passes, that degree of decline further financing package is still available? I from Connecticut. accelerates. So we have many needs in think it is a high risk. I say that to Mr. DODD. Mr. President, I commend America to reverse the decline of our someone who knows something about all of my colleagues who worked on infrastructure so that we cannot only high risk. I think it is an unstable plat- this legislation. This is a difficult bill. have a quality of life today—water sys- form on which to place our Nation’s I have been around this institution tems that will serve our people’s needs, transportation funding. long enough to know that when you highways that are not excessively con- Mr. REID. What I hear the Senator have highway bills and formulas, it is gested and are safe to drive on but also saying is that the Senator has no ques- always complicated. We are seeking are absolutely fundamental to our eco- tion with the amount of money being perfection, and we are never going to nomic well-being. spent in this bill, the Senator has some achieve it. I admire those who serve on Mr. REID. I also ask this question to question how it is being financed? these committees and have to work on my friend. The Senator is aware that Mr. GRAHAM of Florida. No. Even if these issues to try to put these bills to- my legislation—after 9/11, other things we provide adequate financing to as- gether. I begin on that note. got in the way and nothing happened sure that this level will be allocated, I I also thank my colleague from Flor- with that. Is the Senator aware that think we are doing as we did 6 years ida who knows a lot about transpor- the Banking Committee, which does ago with TEA–21, assuring that who- tation issues and has worked on these mass transit—they have agreed on a ever is here in 2009 is going to be facing issues a long time. I associate myself mass transit bill. Is the Senator also a transportation system that has been with his remarks. aware that the Finance Committee has further degraded. I am concerned about this bill. I have agreed—in fact, they have probably Mr. REID. Mr. President, I do say talked with my colleagues about it. I done that by now because they were this to my friend, and I ask that he re- wish to say publicly that I am grateful meeting this afternoon—to make sure spond: We have programs that are to the distinguished Senator from that bill is funded properly, as is our funded in this bill that were the prop- Vermont, the Senator from Nevada, highway bill? Is the Senator aware erty of Senator Pat Moynihan, prin- and others who spent some time talk- that that has taken place? cipally, that I think are certainly far ing with me about this bill and what Mr. GRAHAM of Florida. As a mem- from being perfect, but they are the happens to my State. ber of the Finance Committee, I can best programs we have had during the Obviously, we all begin by looking at say that the Finance Committee has lifetime of this legislation. what happens to our States in a bill just voted out a financing program to I say to my friend, with the fact that such as this. Connecticut receives, support this legislation. We were not we have 2 weeks to complete this legis- under the present version of this legis- informed as to what the Banking Com- lation—we bring it up now or the ma- lation, the smallest increase of all of mittee’s number would be for public jority leader said we wouldn’t be able the 50 States, a 10-percent increase. I transit. It was estimated that it would to do it—I would think doing this high- am deeply worried that we are no be $36.6 billion over 6 years. I don’t way bill is so much more important longer discussing a bill that was once know if that is the final number that than not doing it, that it is easier to rooted primarily in the notion of need the committee recommended. weigh that on the scale of legislative and are now moving into a different Mr. REID. Let me ask a final ques- necessity. consideration for how these dollars will tion. The Senator is aware that the Mr. GRAHAM of Florida. I think that be spent. State of Florida, for example, in this self-imposed standard that we have to My State is a donor State. It contrib- highway bill, will wind up getting do this in the next 2 weeks is unaccept- utes more each year in tax revenues to $3,138,589,000, which is a growth rate of able. This has to be done, yes, but it the United States than we receive back some 40 percent, and that the fiscal ought to be done when we have had an in funding. year 2003 number the people of Florida opportunity to view all the pieces and As a small State, we do not con- got for a return on the dollar they put understand the implications of all the tribute more than we get back in terms in was the minimum, 90.5 cents. At the pieces. By trying to do this between of gasoline tax revenues. My State is end of this bill, Florida will go to 95 now and what happens to be Presi- 100 miles long. The average vehicle can percent; that is, they will get 95 cents dent’s Day is arbitrary and does not cross my State with about 3 gallons of back for every dollar. I think the Sen- serve the interests of our public and gasoline. ator would acknowledge that is an im- does not serve our ability to represent Yet I think everyone is aware geo- provement over the last bill for the our constituents. graphically where my State is located. State of Florida. Mr. DODD. Mr. President, may I in- It is a thoroughfare. Millions of vehi- Mr. GRAHAM of Florida. I don’t deny quire, those of us who would love to be cles literally every year pass on the that this legislation is better than it heard on this—— Northeast corridor through my State. has been. I make two points: One, it is Mr. REID. Will the Senator yield? So with the wear and tear on our not enough to keep pace with the an- Mr. President, we have a vote sched- highways, the tremendous congestion, nual demands on the system, both for uled at a quarter to 6. There are Sen- the huge volume of transportation that maintenance and to avoid increasing ators who want to speak before the occurs, it is unfair to make allocations congestion. Every survey I have seen, vote. I apologize to everyone for having solely based on gas tax revenues. including those I just cited, give statis- taken the time with Senator GRAHAM. I particularly note, as I look at the tical validation to that. We have 25 minutes remaining. I won- managers’ amendment, that there is a

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 2, 2004 CONGRESSIONAL RECORD — SENATE S357 provision that provides for a floor of a transit piece of this legislation is going seeking perfection. We understand the 35-percent increase for States with a to be. I am pleased things seem to be problems that all States face. Over the total population density of less than 20 moving in the right direction, but it is 6 years, this bill actually winds up giv- persons per square mile, a total popu- going to be awfully difficult to try to ing, as best I can figure, the State of lation of less than 1 million people, as explain to people why certain States Connecticut 20 cents more on every reported in the decennial census con- are just so limited in their ability to dollar they put in than the money we ducted by the Federal Government get the resources necessary to see to it get back in the State of Missouri. So 2000, or a median household income of that they can replace the older infra- we have given at the office, and we are $35,000. structure to accommodate the tremen- attempting to achieve equity. There are seven States that fall into dous demand that is building up in our Nobody is going to be 100 percent that category. Where is the need? region of the country. happy, but this is one where there has Those States receive a 35-percent in- I hope we will take a look at some of been tremendous cooperation, over bet- crease in funding, regardless of wheth- these formulations. I say with all due ter than a year, among Chairman er there is any traffic, or whether there respect to the seven States that are INHOFE, Ranking Member JEFFORDS, has been any deterioration in road con- going to automatically get 35 percent, my colleague, the subcommittee chair- ditions at all. Here we are taking seven show me your need. If you have a need, man, and Senator REID, trying to listen States which have fewer than 20 people I will listen, but if you are merely and develop a framework that is fair per square mile, a population of less going to get a 35-percent increase be- and that deals with the pressing needs than 1 million people, or a median in- cause you have less than 20 people per that this Nation faces. I commend the chairman of the Sen- come of less than $35,000, and yet they square mile, population of less than 1 ate Environment and Public Works get a 35-percent increase. But a State million, or median income of less than Committee, JIM INHOFE, along with such as mine that has cars and trucks $35,000, how do you justify getting a 35- Senators REID and JEFFORDS, for a job passing through all night long and all percent increase when the need doesn’t well done. day long believes that these highways exist? When there are other parts of are critically important to our econ- The Finance Committee has been the country that have tremendous working hard. I gather they have done omy and well-being. I am troubled by need, how can you justify that we are how this formulation is being consid- a good job to come up to the level that only getting a fraction of that increase was originally contained in the Bond- ered. over the next 6 years? It is worthy of note that when we Reid amendment in the Budget Act. We That is not how this ought to work. first wrote the highway bill, to which thought this was the minimum we If we are going to start making deci- Senator MCCAIN referred, back in the needed because there are such pressing sions in this country on these kinds of 1950s, it was called the National De- needs for highways. Obviously, every- formulations, then those of us who fense Interstate Highway System. Few body knows good highways lessen con- come from donor States, who con- people today would deny the indispen- gestion. Everybody knows that they tribute far more than we get back, are sable role that the Nation’s highways, are the guidelines to economic develop- going to have to start making that as well as mass transit systems, play in ment. If we do not have good highways, kind of calculation on every issue that homeland security. we cannot keep and grow good jobs. So I can say to my colleagues, I am sure comes along. it is vitally important for the long- they are aware of this, that on Sep- It strikes me that in too many cases term future of the State. tember 11, 2001, one of the reasons my the States getting the most out of this In my State, it is really a safety State was able to contribute as much bill as presently crafted are the ones issue. We are a very wide, broad, and as it did to the devastation in New that contribute the least when it tall State with lots of traffic through York is because of that National De- comes to Federal dollars, and those it. In many of these areas, the two-lane fense Highway System that Dwight Ei- that contribute the most get back the highways are carrying traffic that is senhower authored back in the 1950s. It least. We need to consider that as we designed for at least four lanes now- allowed for our first responders to get move forward. adays. Safety in this authorization is into New York City, as well as for peo- Again, I appreciate immensely the for the first time given a prominent po- ple to flee that city, which is exactly work my colleagues have done in writ- sition, being elevated to a core pro- what Dwight Eisenhower had in mind ing this legislation. It is not easy, I gram. when we created the National Defense know that. I am grateful to them for We have more than three deaths a Highway System. giving me an ear when I talk about day on Missouri’s highways, and at Today, as we talk about the needs of these issues and share my concerns least one and maybe more than those my State and others—by the way, that come from not only my State but are attributable to the conditions of there are a variety of States through- a region of a country that runs as a our highways. I know this happens in out the Northeast and Midwest that I belt across the Midwest and Northeast. other States. That is why I am de- don’t think do as well as they should I know my colleagues are cognizant lighted that the administration, in lay- be doing under these formulations. I of that. I am not telling them some- ing out the title SAFETEA, the Safe, know this is a work in progress, and I thing of which they are unaware. Accountable, Flexible, and Efficient know we are not done yet. I say that Certainly, as we talk about a high- Transportation Equity Act, has empha- with the full knowledge of those who way bill for the next 6 years, as well as sized safety because good roads and helped us work on it. transit when it comes along, we need highways are a matter of safety. I felt it necessary this evening, as we to have formulations that are, as they I think this bill does mirror the ad- prepare to vote on cloture, knowing historically have been, based on need, ministration’s proposal continuing our these formulas can get locked in and and not on a formulation that is going commitment to the motoring public’s once they are locked in, it is awfully to disregard it. safety. This is accomplished by pro- difficult to change them. Trying to add Whatever time I may have remain- viding much needed funding to reduce discretionary funding here and there ing, I yield it to my colleague from highway injuries and fatalities, all may be satisfactory to some, but we Missouri who, if I have another minute without the use of mandates. Funding are looking at a 6-year bill where eco- or so, I will give him those minutes to for good highways and bridges is abso- nomic development and congestion is use as he sees fit. lutely essential and a key component so incredible. The PRESIDING OFFICER. The Sen- of our bill will go a long way toward Tonight, one could go on Route 95 in ator’s time has expired. saving lives by providing funds to my State and see that it is a parking The Senator from Missouri. States to address safety needs at haz- lot. It isn’t just between peak hours; it Mr. BOND. Mr. President, I thank the ardous locations, sections, and ele- is getting that way all day long every Senator from Connecticut for his un- ments. These include roadside obsta- day because of the tremendous conges- derstanding. He and I have worked to- cles and unmarked or poorly marked tion. gether on many issues, and it is not roads that may constitute a danger to As the Senator from Florida pointed easy. Certainly, this one is not easy. motorists, bicyclists, pedestrians, and out, we need to know what the mass There is no question that we are not other highway users.

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S358 CONGRESSIONAL RECORD — SENATE February 2, 2004 We know in Missouri that inadequate balancing the needs of the donor States year. Accordingly, in 2009 our com- roads not only lead to congestion, with the needs of the donee States. But prehensive 6-year bill at $255 billion therefore more pollution, they delay, as donor States grow, the donee States will sustain over 2 million new jobs. deny, and derail economic development see a gradual decline. To bring greater According to the Associated General opportunities, but they also kill peo- equity between the States, I am proud Contractors, the same $1 billion invest- ple. When you have traffic—10,000, to announce that all States will grow ment yields $500 million in new orders 15,000, 20,000 cars a day—on a narrow, not less than 10 percent over TEA–21. from manufacturing and $500 million two-lane road, you are going to have This bill also addresses important en- spread through other sectors of the people passing when they should not vironmental issues that were part of a economy. Construction pay averages at and they run into other people head on. compromise, worked out with great $19 per hour, 23 percent higher than the We heard testimony from the admin- input from all sides. To ease the transi- private sector average. Failure to istration that nearly 42,000 people are tion to new air quality standards, the enact a 6-year bill yields the loss of killed on our roads and highways each conformity process is better aligned 90,000 jobs. year. We need to make an investment with air quality planning, as well as Another accomplishment of our to reduce that loss. I am glad that the streamlining the project delivery proc- package will ensure transportation bill reflects the continued commitment ess by providing the necessary tools to projects are built more quickly because to making not only investments in our reduce or eliminate unnecessary delays environmental stakeholders will be infrastructure but also to the general during the environmental review stage. brought to the table sooner. Environ- safety and welfare of our constituents. We think that is very important. mental issues will be raised earlier and On the question of equity, our bill is We know there are lots of different the public will have better opportuni- the best we can come up with in the ideas on this bill. We tried to accom- ties to shape projects. Projects more real world to achieve equity among all modate all of those ideas. We had ideas sensitive to environmental concerns of the States. Some of us have been and requests coming in over the tran- will move through a more structured donor States for a very long time, get- som, through the window. We met peo- environmental review process more ef- ting back far less than the dollar we ple on the floor. Our staffs worked to- ficiently and with fewer delays. put in. There are other States that gether to try to balance all of these The bill also ensures that transpor- have consistently received more. As a needs. Clearly, there are going to be a tation projects will not make air worse result, this bill tries to achieve some number of amendments. I hope our col- in areas with poor air quality, while equity by getting all States to a 95- leagues will work with us because giving local transportation planners cent rate of return, at least by the end there is a real desire, on the part of the more tools and elbow room to meet of the authorization. chair and the ranking member of both their Federal air-quality responsibil- There are 24 States; Arizona, Cali- the full committee and the sub- ities. The bill will put transportation fornia, Colorado, Florida, Georgia, Illi- committee, to give a hearing to these. planning on a regular 4-year cycle, re- nois, Indiana, Kentucky, Louisiana, If there are important issues that need quire air quality checks for projects Maine, Maryland, Michigan, Mis- to be dealt with, we want to get the large enough to be regionally signifi- sissippi, Missouri, New Jersey, North votes and move forward so we can, we cant and reduce current barriers local Carolina, Ohio, Oklahoma, South Caro- hope, get the bill signed before the cur- officials face in adopting projects that lina, Tennessee, Texas, Utah, Virginia, rent authorization expires at the end of improve air quality. and Washington. At the same time, we February. This comprehensive package is a wanted to make sure that every State Regarding a sufficient level of good step forward to addressing our got an increase. So every State gets at growth, the administration proposed, Nation’s needs in infrastructure devel- least a 10-percent increase over the in my view, an insufficient level of opment and improvement. amount of funds that they were getting growth for our Nation’s aging infra- I thank my colleagues from the Fi- in TEA–21, and we put a lid on so that structure. The reason for offering the nance Committee, and others. I urge some States would not take an undue Bond-Reid amendment was because the everybody to work with us. The man- share. I think the top rate is about a administration’s SAFETEA proposal agers of the bill will be doing their best 42-percent increase. So in that frame- came in at a mere $200 billion for high- to expedite it. I appreciate the time. I work, we have come up with what we ways. urge my colleagues to support the mo- think is equity. During last year’s budget debate, I, tion for cloture and to move to the bill. My home State of Missouri, as many along with Senator REID, offered an I yield the floor. of the donor States mentioned, has amendment to fund highways at $255 The PRESIDING OFFICER. Under some of the worst roads in the Nation. billion over 6 years, which was sup- the previous order, the Senator from It has about the third worst roads in ported by a vote of 79 to 21. I am Wyoming is recognized. the Nation, with 59 percent of its major pleased to report that the bill we have Mr. THOMAS. Mr. President, I think roads in either poor or mediocre condi- before us follows the Bond-Reid amend- this is one of the most important tion, requiring immediate repair or re- ment providing a 31-percent increase in issues we have had before us. As we construction. We also have the second funding over TEA–21. While this is not look to a year with relatively short worst bridges in the Nation. as high as some might have wanted, we time to work on issues, with a large I take my hat off to the chairman of are able to achieve this goal without number of issues out there, I think it is the committee because I understand raising fuel taxes. important for us to deal with this and his State may be the one State that In this bill, I think all of us are con- to deal with it promptly. I am de- ranks in worse shape than Missouri cerned about jobs as well as the bene- lighted that we are going to have it up does on both of these. As my colleagues fits that good highways and bridges to date and be able to work on it over will notice, Missouri is very much in bring if we are to get people to work the next week or so. the middle ranks of those getting an this summer, which I think is very im- I have not heard all of the discus- increase. portant because we still do not have sions. I am sure I understand what During the reauthorization of TEA– enough people working. We need to get most of them have been because I have 21, donor States did not think it was the authorization so it can get out to been on the Finance Committee. We feasible to achieve the 95 percent rate the highway departments so they can have finally come to an agreement as of return. Under our proposal, we are make their contracts for the coming to what the funding level will be and able to get them there. However, I am year. what the sources of funding will be. It aware that some of the donor States I do not need to tell my colleagues, follows very closely what we came out are concerned they hit our growth caps because I think everybody has heard it with in the Environment and Public and do not achieve a 95 percent return too many times, that the Department Works Committee, of which I am also a in 2004. of Transportation estimates that for member. So I am very pleased with We were unable to bring donor States every billion dollars in new Federal in- what we are doing. up as early as we might have wished vestment, there are 47,000 jobs created. Does it suit everybody? Of course due to our budgetary constraints, and We want to see those jobs created this not. There are all kinds of discussions

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 2, 2004 CONGRESSIONAL RECORD — SENATE S359 about funding source. The funding I urge Senators to pass this bill. principals who spent more time than source is not entirely the gas tax. But Mr. INHOFE. Will the Senator yield? anyone else drafting this bill. They the way we work it out, all that addi- I understand the Senator, in addition were, of course, myself as chairman, tional funding does come from some- to being on the committee I chair, is Senator JEFFORDS as the ranking mem- thing related to transportation, so I also on the Finance Committee. Would ber, Senator REID as the ranking mem- think it is a justifiable way to put this he care to report on what has just tran- ber on the subcommittee, and Senator in a spending arena that will help ac- spired in the last hour or so? BOND on the Transportation and Infra- complish the things we need to do. I Mr. THOMAS. We have passed a bill structure Subcommittee, sub- cannot think of anything more impor- there to bring it to the floor. The fund- committee chairman. tant. ing is very close to what the chairman The PRESIDING OFFICER. The time We have been in a CR since Sep- used in our Environment and Public of the Senator has expired. tember. I don’t know what you heard Works Committee. Mr. INHOFE. I will conclude by urg- from your transportation departments As we said, the direct amount from ing my colleagues not to waste any at home, but they feel as if they can’t gas funding was somewhat short, but more time. We need to get to this. We move forward, can’t do contracting, we used some other things, dollars that should have done this back on Sep- can’t plan on what they need to be were related, and scooted them over tember 30. I urge colleagues that we in- doing in the future until they get more from other expenditures into this bill voke cloture and get right to the bill. assurance of where we are. So it is im- so we are offsetting the costs. We find Mr. KOHL. Mr. President, it is with perative that we do something here. ourselves with the amount of money great disappointment that I rise today I can’t think of anything more im- pretty much as laid out by the chair- to express my objection to moving for- portant to our lives, unless it is en- man and the chairman’s committee. I ward on the bill before us, SAFETEA. ergy, than transportation. To be able appreciate very much what he has done The cloture vote that we will have in to go with our families, do our work, and certainly hope we can move for- the next few hours is the first step to- protect our country—all these things ward. wards debating a bill with which few in are related, of course, to travel and the Mr. INHOFE. I further ask, since I this body are completely familiar. Es- highway bill. am chairman of the committee, if the sential elements of the bill came out of The interstate system is 50 years old. Senator who has the floor now will the Finance Committee today, and The Senator from Arizona was talking yield to me for a few comments. Senators have clearly not had enough about the little bill that passed 50 Mr. THOMAS. Certainly. time to review these proposals and to years ago. Times have changed sub- Mr. INHOFE. I see Senator THOMAS, assess the effect on their States. I be- stantially and I believe there is a more from a State such as Wyoming, falls lieve that debating and voting on this comprehensive approach to travel that into a category we are taking care of in legislation this week would be irre- combines the spending of all levels of the formulas. That is low-yield or low- sponsible, and potentially damaging to Government, which amounts to over population States. They have to be many States, including the State of $100 billion annually, when you talk looked after. As he points out, people Wisconsin. about all of them put together. So our are driving through, yet they don’t The leadership has made it clear that share is not the largest, but it is more have the population base to be sup- they intend to push this measure than we have had in the past. porting large amounts of revenue to through under artificial time con- It is a critical time. It is a critical pay for the roads. straints. Yet, members of the Environ- situation. We need to move. As I said, On the other hand, we see Senators ment and Public Works Committee I know there are different views and I such as the Presiding Officer now, from were not given essential information understand that. There are decisions the State of Texas, one of the fastest before the transportation bill was that have to be made in this bill in growing, largest States. He certainly brought for a vote on November 12, terms of distribution of funding, not has problems. So being very careful to 2003, and now Members of the Senate only among States, but what is used try to take care of all these diverse will be debating a formula we haven’t for mass transit, what is used for path- needs in establishing a formula to put seen and are told we can’t change. The ways, and a number of other safety together something that would take projects and things of that kind. unknowns, at this point, outnumber But, really, our responsibility is to care of the large States, we put in a the areas of understanding. Many Sen- come to an agreement and move for- ceiling and we put in a floor. We put ators still haven’t seen crucial infor- ward here and then bring it to the something in there for donee and donor mation from the Finance and Banking House and get this done. I think, of States. It is a very difficult formula. Committees. Questions of how to pay course, it is also one of the big eco- I remind my colleagues who might for this bill and how transit funding nomic features before us. It creates not feel this is a fair approach to it, to will be distributed among the States lots of jobs immediately. But more im- remember, to recall when we tried to were debated in Committee as recently portantly, it strengthens the whole do this before under TEA–21, we had a as today. I fail to see how we are acting economic structure so we can develop purely political system. Everybody got responsibly to vote on legislation the with other kinds of jobs. a percentage of the amount of money same day it comes out of Committee. I know there is the case about there that was there and it was all driven by I want to make my self clear. I sup- being donors. Let me talk about a larg- politics. Once they received 60 votes, port a 6-year authorization of transpor- er State that does pretty well. We have they didn’t care what happened. We are tation dollars. And I support a bill that thousands of miles of roads, 27,000 not doing that. We have a formula that would be funded at the levels the Sen- miles of roads, and relatively few peo- takes care of all these needs. ate supported in last year’s budget res- ple. But lots of people who do not live I saw the senior Senator from Penn- olution, and that is fiscally respon- with us are going through. This is a sylvania coming through just a mo- sible. During every previous authoriza- Federal highway system and it has to ment ago and there have been some tion, I have fought to give my State eq- move throughout the country. So the complaints from that State. I compare uitable—equitable, not favorable— decision as to appropriating and ad- that to my State. My State is 20 per- treatement under the various formulas. justing the money among the States is cent larger than the State of Pennsyl- I could not, in good conscience, move not an easy one. Certainly not every- vania, yet we have roughly the same forward with a bill that would be a step body agrees with how we are going to number of miles of roads. Yet under backwards for my State. do it. this formula, he is receiving some $3 I understand that moving forward In any event, I am not going to take for every $1 we receive. That doesn’t today does not eliminate all the oppor- more time. We have learned a great look like I do a very good job for my tunities to alter this bill and make it deal about it. Again, one of the most State of Oklahoma. Nevertheless, it is better. However, the complexities of important aspects we have to deal with a reality that we have to consider all the formulas that the Senate will be is the funding that is related to the tax these things. dealing with require additional time that is assessed on gas. We made some If you look at some of the com- for review. I am particularly troubled changes on some of the others. promises we have made, we had four by possible effects on Wisconsin of the

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S360 CONGRESSIONAL RECORD — SENATE February 2, 2004 proposed amendment dealing with the Senator from Illinois (Mr. DURBIN), the volved: Senators JEFFORDS, REID, distribution of highway funds among Senator from North Carolina (Mr. BOND, and the entire committee. I the States. This formula was not re- EDWARDS), the Senator from Iowa (Mr. think it was a very good vote. I think leased until just over a week ago, and HARKIN), the Senator from South Caro- we are going to be able to move on to yet this is what determines every lina (Mr. HOLLINGS), the Senator from the biggest jobs bill probably in the State’s level of transportation funding Massachusetts (Mr. KERRY), the Sen- last 10 years. I thank my colleagues for for the next 6 years. This amendment ator from Connecticut (Mr. LIEBER- their strong support. contains the new ‘‘equity bonus’’ pro- MAN), and the Senator from Rhode Is- Mr. JEFFORDS. Mr. President, I gram, dictating the State’s percentages land (Mr. REED) are necessarily absent. commend the Senator from Oklahoma. of formula funding. The State of Wis- I further announce that, if present I have been through this before, but consin is a loser under this formula. and voting, the Senator from Massa- this was the most expeditious and well- According to charts from the Federal chusetts (Mr. KERRY) would vote run operation I have been involved in, Highway Administration, Wisconsin’s ‘‘yea.’’ and I think we are moving toward a rate of return will drop to $.95 by the The yeas and nays resulted, yeas 75 successful result. second year of the bill, and remain and nays 11, as follows: Mr. INHOFE. Mr. President, I ask there for 4 years. I understand that the [Rollcall Vote No. 7 Leg.] unanimous consent that the Senate formulas involved are complicated and YEAS—75 proceed to the consideration of S. 1072, difficult to alter. In my mind, this pro- Alexander Daschle Lugar the highway bill, at 10:30 a.m. on Tues- vides all the more reason granting Sen- Allard Dayton McConnell day, February 3. ators additional time to review and Allen DeWine Mikulski The PRESIDING OFFICER. Is there amend them. Baucus Dole Miller objection? Bayh Domenici Murray A 6-year authorization bill should Bingaman Dorgan Nelson (FL) Without objection, it is so ordered. not move forward under an arbitrary Bond Enzi Nelson (NE) Mr. INHOFE. I thank the Chair. time limit. As a Senator whose State Boxer Feinstein Nickles The PRESIDING OFFICER. The Sen- could be harmed by this legislation, I Breaux Fitzgerald Pryor ator from Tennessee is recognized. Brownback Frist Reid Mr. ALEXANDER. What is the par- will use all the procedural tools at my Bunning Graham (SC) Roberts disposal to give myself more time to Byrd Grassley Rockefeller liamentary situation? understand and amend the bill. In addi- Campbell Hagel Santorum The PRESIDING OFFICER. We are tion, I will use any legislative means to Cantwell Hatch Sarbanes postcloture on a motion to proceed to Carper Inhofe Schumer the bill. fix the inequities that exist in the pro- Chafee Inouye Sessions posed formula amendment. I am hope- Chambliss Jeffords Shelby Mr. ALEXANDER. Mr. President, I ful that the leadership will work with Clinton Johnson Smith ask unanimous consent to speak for up me in the coming weeks to protect my Cochran Kennedy Snowe to 10 minutes. Collins Landrieu Stabenow The PRESIDING OFFICER. Is there State and advance the best possible re- Conrad Lautenberg Talent authorization bill. Cornyn Leahy Thomas objection? Corzine Levin Voinovich Is the Senator wishing to speak in CLOTURE MOTION Craig Lincoln Warner The PRESIDING OFFICER. Under morning business? Crapo Lott Wyden Mr. ALEXANDER. Yes. the previous order, pursuant to rule NAYS—11 The PRESIDING OFFICER. Is there XXII, the Chair lays before the Senate objection? the pending cloture motion. The clerk Akaka Gregg McCain Dodd Hutchison Specter Without objection, it is so ordered. will report the motion. Feingold Kohl Sununu f The legislative clerk read as follows: Graham (FL) Kyl CLOTURE MOTION NOT VOTING—14 TWO SUPER BOWLS We the undersigned Senators, in accord- Bennett Edwards Lieberman Mr. ALEXANDER. Mr. President, I ance with the provisions of Rule XXII of the Biden Ensign Murkowski rise to propose that we turn the Presi- Standing Rules of the Senate, do hereby Burns Harkin Reed dential nominating process over to the move to bring to a close debate on the mo- Coleman Hollings Stevens tion to proceed to Calendar No. 426, S. 1072, Durbin Kerry National Football League, except for Super Bowl half-time shows. Then a bill to authorize funds for Federal-aid high- The PRESIDING OFFICER. On this ways, highway safety programs, transit pro- maybe we can have a second Super grams, and for other purposes: vote, the yeas are 75, the nays are 11. Bowl, where anything is possible and Bill Frist, James M. Inhofe, John Cor- Three-fifths of the Senators duly cho- everyone can participate. nyn, Susan Collins, Craig Thomas, Pat sen and sworn having voted in the af- Take the example of our colleague Roberts, Conrad Burns, Thad Cochran, firmative, the motion is agreed to. Senator KERRY’s team—I am sure the Norm Coleman, Richard Shelby, Mike (At the request of Mr. DASCHLE, the Senator from Vermont will be quick to Crapo, Robert F. Bennett, George V. following statement was ordered to be point out it is the team of many Sen- Voinovich, Ted Stevens, Lamar Alex- printed in the RECORD.) ander, Lindsey O. Graham. ators from New England—the New Eng- ∑ Mr. HARKIN. Mr. President, I would The PRESIDING OFFICER. By unan- land Patriots. Last night, they became like today’s RECORD to indicate that I imous consent, the mandatory quorum the Super Bowl champions. am necessarily absent due to a delayed call has been waived. On September 12, in the season’s first The question is, Is it the sense of the incoming flight to Washington. Had I game, the Buffalo Bills trounced the Senate that debate on the motion to been present for the vote on the motion Patriots 31 to 0. If this had been the proceed to S. 1072 shall be brought to a to invoke cloture on the motion to pro- first-in-the-Nation Presidential nomi- ceed to consideration of the highway nating caucus, the Patriots would have close? ∑ The yeas and nays are mandatory funding bill, I would have voted yea. been toast. You know the pundits’ rule: under the rule. The clerk will call the (At the request of Mr. DASCHLE, the Only three tickets out of Iowa. The Pa- roll. following statement was ordered to be triots certainly didn’t look like one of The legislative clerk called the roll. printed in the RECORD.) the three best professional football Mr. MCCONNELL. I announce tha the ∑ Mr. DURBIN. Mr. President, on Sen- teams. Then, the Washington Redskins Senator from Utah (Mr. BENNETT), the ate rollcall vote 7, to invoke cloture on defeated the Patriots, as unlikely as it Senator from Montana (Mr. BURNS), The Safe, Accountable, Flexible, and would have been for DENNIS KUCINICH the Senator from Minnesota (Mr. COLE- Efficient Transportation Equity Act of to upend Senator KERRY in New Hamp- MAN), the Senator from Nevada (Mr. 2003 (S. 1072), I was absent due to a de- shire. But in the National Football ENSIGN), the Senator from Alaska (Ms. layed flight. If I had been present for League, upsets don’t end the season. MURKOWSKI), and the Senator from the vote I would have voted in the af- The Patriots played 14 more games. Alaska (Mr. STEVENS) are necessarily firmative, to invoke cloture and pro- They won them all. Yesterday, they absent. ceed to the bill.∑ beat the Carolina Panthers in the Mr. REID. I announce that the Sen- Mr. INHOFE. Mr. President, first of Super Bowl for their 15th consecutive ator from Delaware (Mr. BIDEN), the all, I thank all the main principals in- win.

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 2, 2004 CONGRESSIONAL RECORD — SENATE S361 The National Football League sched- million. The combination of the new urge the Department of Interior to pro- ules 20 weeks of contests over 5 months $2,000 limit, the increased coverage of vide the accounting required to all Na- to determine its champion. The Presi- new cable channels, and the growth of tive Americans. dential nominating process, on the the Internet have made it easier to I ask unanimous consent to print the other hand, uses the equivalent of two raise money. article in the RECORD. preseason games in Iowa and New Still all but Senator KERRY was short There being no objection, the mate- Hampshire to narrow the field to two of cash after New Hampshire. Put it rial was ordered to be printed in the or three—and sometimes they effec- this way: The Packers would never RECORD, as follows: tively pick the winner. make it to the playoffs under the rev- [From Time Magazine, Jan. 26, 2004] The NFL wasn’t always so wise. In enue rules of Presidential primaries. A TRUST BETRAYED? the 1930s, league owners rearranged Mr. President, 45,000 Iowans voted for NATIVE AMERICANS CLAIM THE U.S. MIS- JOHN KERRY in the first caucus. About schedules after the first few games so MANAGED THEIR OIL AND GAS LEGACIES IT that teams that were doing well could 83,000 New Hampshirites voted for him PROMISED TO PROTECT play one another. This was good for the in the first primary. More Americans (By Marguerite Michaels/Shawnee) actually attended last night’s Super Chicago Bears, for example, but not for Ruby Withrow remembers the happy days the league. Fans in other cities quit Bowl game in Houston, TX, than voted she spent as a young child on her grand- going to the games—just as voters in in either Iowa or New Hampshire. Nine- father Moses Bruno’s 80-acre homestead near most States have quit voting in Presi- ty million others watched the Super Shawnee, Okla. There the extended Bruno dential primaries. Bowl game on television. family, members of the Potawatomi tribe, Bears owner George Halas and others Perhaps we should learn something tended large gardens of vegetables and fruits created today’s competitive system in from America’s game about how to and raised chickens, hogs and cows. On Sun- which almost any one of 32 teams can pick a President. I thank the Chair. days the whole family attended the Sacred hope to make the playoffs. Green Bay Mr. President, I suggest the absence Heart Catholic Mission just down the road. But all that changed soon after oil was dis- can make it because the league makes of a quorum. The PRESIDING OFFICER (Mr. covered on the Bruno property. sure that even smalltown teams have Lease agreements were arranged with oil enough revenue. Prime-time television SMITH). The clerk will call the roll. producers, wells were dug, and pumping opportunities are rotated. Each Mon- The assistant legislative clerk pro- began in 1939. But family members say day, senior officials in the league’s New ceeded to call the roll. Grandpa Bruno never knew how much oil York office grade every call and no call Mr. ALEXANDER. Mr. President, I and gas were being taken out of his land or to second-guess even the instant re- ask unanimous consent that the order how much money he was due from their sale. plays. for the quorum call be rescinded. All his royalty payments went into a trust Professional football has become The PRESIDING OFFICER. Without fund managed by the Bureau of Indian Af- objection, it is so ordered. fairs (BIA). If Bruno needed to buy some- America’s game because it symbolizes thing, he had to appeal to the local BIA f the most important aspect of the agent, and he was rarely given cash. When American character: If you work hard MORNING BUSINESS the he wanted to buy a cow, the price was de- and play by the rules, anything is pos- Mr. ALEXANDER. Mr. President, I ducted from his account and given directly to the seller. When he bought groceries, he sible. As a result, 8 of 10 of the most ask unanimous consent that there now watched network television shows have paid for them with a BIA voucher. be a period for the transaction of morn- The wells were plugged just 28 months been Super Bowls; 98 of the 100 best ing business, with Senators permitted watched cable television games have later—Bruno family members say the wells’ to speak for up to 10 minutes each. operator never gave a reason for ending pro- been NFL games. The PRESIDING OFFICER. Without duction—but in that short time, they say, Every September, the NFL fields 32 objection, it is so ordered. the soil was ruined, and the Brunos were able teams, almost all with a shot at the f to grow hardly anything on it. Younger fam- playoffs. Every 4 years, the Presi- ily members moved away to find jobs, and dential nominating process does well to ‘‘A TRUST BETRAYED’’ the old folks limped along on public assist- attract a half dozen credible candidates Mr. DASCHLE. Mr. President, a re- ance until 1960, when Bruno and his wife for the biggest job in the world. All but cent article in the January 26, 2004 edi- Frances died within a month of each other. half are effectively eliminated after Their heirs decided to sell what remained of tion of TIME Magazine entitled ‘‘A the land the next year. two contests. If professional football Trust Betrayed’’ has again reminded Such stories are common among Native were Presidential politics, the Nation of the shameful and illegal Americans. Like legions of others, Bruno ac- Sportscenter would pick the Super manner in which the United States quired his holdings under the Dawes Act of Bowl teams after 3 or 4 preseason treats Native Americans. 1887. Its allotment program was an effort by games. A pending class action lawsuit al- Congress to break up the tribal structure by These two steps would fix the Presi- leges that the United States owes over encouraging self-sufficiency among the Indi- dential nominating process: $100 billion to some 500,000 Native ans. The Dawes Act mandated that the land No. 1, spread out the primaries. Americans. For over 100 years, the De- given to Natives be managed by the Depart- Twenty-eight primaries are crammed ment of the Interior’s local BIA agent and partment of Interior has served as the promised that any profits from the property into 5 weeks after New Hampshire. trustee for the proceeds from the leas- would be held in trust for its owners, The Congress should assume the role of ing of oil, gas, land and mineral rights problem, say hundreds of families like the Paul Tagliabue. Create a window be- on Indian land, yet the Department Brunos, is that the owners received rel- tween February and May during which cannot tell us how much is owed or to atively little of the money coming to them. primaries may be held every 2 weeks. whom it is owed. This money is des- Over the past decade, many of the families Iowa and New Hampshire could still perately needed to address basic human have begun actively pursuing what they say come first, but they would become off- needs and stimulate economic develop- is their rightful legacy. In 1996 Elouise Broadway warmups and not the whole Cobell, a member of the Blackfeet tribe, filed ment. a $135 billion class action against the U.S. show. There are important legal issues at government, claiming that billions of dollars The second step that would fix the stake. The concepts of sovereignty, belonging to some 500,000 Native Americans process would be to allow more treaty rights, and government-to-gov- and their heirs had been mismanaged or sto- money—to raise their first $10 million, ernment relations all come into play. len from accounts held in trust since the late let candidates collect individual Indian trust reform is also a civil 19th century. Through document discovery ‘‘start-up contributions’’ of up to rights issue. We are becoming a much and courtroom testimony, the Cobell case re- $10,000. Today’s $2,000 limit makes it more diverse country. How can His- vealed mismanagement, ineptness, dishon- impossible for most potential can- panic Americans, or African Ameri- esty and delay by federal officials, leading didates to imagine how to raise, say, U.S. District Judge Royce Lamberth to de- cans, or anyone else, trust the United clare their conduct ‘‘fiscal and governmental $40 million. During 1995, when I was a States if we are still breaking our legal irresponsibility in its purest form.’’ candidate and the individual limit on obligations to our first Americans? The BIA holds 11 million acres in trust for contributions was $1,000, I fattened 250 I commend this article to the atten- individual Native Americans. Money from fundraisers in that 1 year to collect $10 tion of my colleagues, and once again timber sales and agricultural and oil leases

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S362 CONGRESSIONAL RECORD — SENATE February 2, 2004 of this property is distributed under the tified mail to the Federal Reserve Bank in garage sales, raffles and donations from fam- same program that dealt with Moses Bruno. Oklahoma City, Okla. The deposit sheet list- ily and friends, that he hopes will eventually Five years ago, his descendants began tracked the source of each check, its amount and allow the family to pay for an organized ing their patrimony. Their experience shows the day’s total deposits. Daily entries were study of its Potawatomi culture and lan- how difficult it can be to prove past wrongs also made in the office’s cash-receipts jour- guage. He and his wife Veta attend the an- and have them redressed. nal, registering the payment to each indi- nual gatherings of the nine Potawatomi Family members say Moses Bruno was vidual Indian account on a ledger card. bands, now scattered over several states. never allowed to see his oil and gas account Sorting through those old documents, with Leon has gone through the training and fast- ledgers. It might not have done him much the lingering resentments the families have ing that are required of those chosen as the good if he had been, given that, like many toward the BIA, can be confusing. When tribe’s honored fire keepers. And he has built Indians of his generation, he had never Dana Dickson began comparing the amounts a roundhouse on his property in Tecumseh, learned to read and could write only his posted to her great grandfather’s ledger card OK, where family members gather four times name. When his eldest son Johnnie argued with the sums on the deposit sheets for the a year to light a sacred fire and pray for the that the government was robbing him blind, same days, she discovered that 10% was rou- memory of their ancestor Moses Bruno. the older man insisted that the Indian-agen- tinely funneled from the oil check to a spe- cy people would never cheat him. cial-deposit account. Dickson and her rel- f After World War II, Bruno’s children tried atives suspected that corrupt agents were HONORING MONROE SWEETLAND to sue the oil company for saltwater damage taking the money for themselves. But Ross Mr. REID. Mr. President, I would like to their soil caused by the pumping from the Swimmer, a Department of the Interior om- wells. ‘‘But even though my dad Johnnie budsman working on behalf of Indian-trust to say a few words about a citizen of took photos,’’ says Ruby Withrow, 69, ‘‘we beneficiaries, told TIME that the deduction, the great western part of America, couldn’t prove Moses had not allowed the which was not exclusively to Moses Bruno’s Monroe Sweetland. salty runoff. There was no paper trail at that account, was simply a fee that the BIA Monroe lives in Oregon, where he has time.’’ Nor was there money to pay for a law- charged for managing the oil and gas prop- enjoyed a wonderful life of public serv- yer. Over the years, family members looked erties held by the trust funds. ice. He has been a State Senator, a na- for documents that could prove the bureau Nearly two years after the elder Brunos tional leader of teachers, a journalist, had treated Moses Bruno badly. They went died in 1960, a Shawnee bureau agent sug- to the National Archives in Washington, vis- gested that the family sell its remaining 40 and the publisher of a number of small ited historical societies in Oklahoma and re- acres, along with the property’s mineral newspapers. quested records from BIA offices in Shawnee rights. ‘‘[The minerals have only a] nominal He served in the Pacific with the Red and nearby Anadarko, Okla. Always they value,’’ the agent wrote in a letter to the re- Cross during World War II. After re- were told that few records were available. gional BIA office in Anadarko. The family turning home he became the political The Cobell case reassured the Brunos that signed off on the sale, netting a $3,022.50. In director for the National Education As- others had had similarly unhappy experi- 1982 a new oil well was drilled on that land sociation in the western States. ences with their BIA trust funds and moti- and is still pumping. He was a confidant of Eleanor Roo- vated them to dig deeper for documents to The Bruno family acknowledges the pres- sevelt and an ally of President Harry support their complaints. Finally, after a 16- sure the BIA was under during the oil-boom hour marathon on the Internet in the fall of years. In the 1935 annual report of the Shaw- Truman. 1998, Dana Dickson, Ruby Withrow’s daugh- nee agency, the superintendent called his of- His home in Milwaukie, OR, which ter, discovered on an obscure Indian arts- fice ‘‘woefully undermanned,’’ handling 1,500 was built in 1878, is a historic land- and-crafts site a link to Oklahoma Indian— Indian money accounts with only one clerk, mark. That isn’t just because it is an agency files located at the regional National who had no modern account machines. old house, but also because of the many Archives in Fort Worth, Texas. A family del- ‘‘Maybe there were some mistakes made,’’ important people who visited him egation immediately made the trip. ‘‘I’ll says Leon Bruno. ‘‘[But] a lot of what went there. never forget the first time we went down on was deliberate.’’ The family estimates The most famous visitor was Presi- there,’’ says Dickson’s cousin Johnnie that Moses Bruno earned a total of $35,000 dent John Kennedy. In fact, I have Flynn. ‘‘Dana and I were pulling file after from his oil and gas leases. The production file. One of them was Moses Bruno’s. It was figures the descendants unearthed, on just been told that Monroe’s wife Lillie was three inches thick. I stopped and looked over one well on the land that was sold in 1993, the person who suggested to JFK that at my mother and my Aunt Ruby. There amount to almost $70 million. a rocking chair would ease the pain in were tears streaming down their faces.’’ It is not clear whether the family will ever his back. They found grocery receipts and bills from receive compensation for any miscalcula- Others who visited Monroe and Lillie JCPenney for socks at 15[cents] a pair and a tions that may have been made on their land included Vice President Hubert Hum- coat for $14.66. The purchase order from the sales and oil leases. Elouise Cobell’s class ac- phrey, Ambassador John Kenneth Indian agency for Moses’ first car was there, tion has stalled in the face of the Depart- Gailbraith, and Senators Wayne Morse, as were numerous voucher slips endorsed ment of the Interior’s estimate that it would with his tentative, spidery signature. Most take five years and $335 million just to ac- ‘‘Scoop’’ Jackson and Estes Kefauver. important, there were pages of ledger sheets count for the money from land and mineral Monroe recently turned 94 years old. detailing his individual BIA money account. leases covering a period of more than 100 Although he has been legally blind for More than half a dozen visits later, Moses’ years. And Congress is balking at the ex- several years, he is fond of saying that grandson Leon Bruno has accumulated pense—even though its committees have he has lost his sight, but not his vision. enough photocopies of documents to fill 19 issued more than one report over the years As a former newsman, he still enjoys loose-leaf notebooks. Papers show that about gross mismanagement of Native Amer- having the paper read to him by visi- Moses’ entire 80-acre allotment first came ican trust funds. In December the Bruno de- tors. under an oil lease in 1923. Six years later, ac- scendants decided to withdraw from the He has been called the father of the cording to BIA documents, 20 of those acres Cobell suit and hired a lawyer to pursue were sold to two local white men for $1,311, their own. modern Democratic Party in Oregon, or $65.55 an acre. The family has found con- ‘‘It’s not about the money,’’ says Moses’ and a founding father of Portland State tradicting government estimates of the granddaughter Ruby Withrow, a nurse who University. land’s royalty value at the time, ranging administers a diabetes program for the Ab- He is also responsible, more than any from $50 to $400 an acre. And documents are sentee Shawnee tribe. ‘‘I want some justice other person, for a very important unclear about whether Moses Bruno under- for a man who trusted the United States and piece of Federal legislation—the Bilin- stood before the transaction was completed was betrayed.’’ The BIA has looked into the gual Education Act of 1968. that the land was being sold. A well was family’s claims and says that while the That law opened the doors of edu- drilled on these 20 acres in 1933 and still records for Moses Bruno’s account may not pumps to this day. be complete, ‘‘no instance of malfeasance cation and opportunity to young people In 1931 Bruno got permission from the BIA was found in the records that we examined.’’ in the West and other parts of the to withdraw 20 separate acres of his allot- In a fax to TIME, the agency stated that country who are native speakers of ment from the trust, and he began selling ‘‘understandably, the family did not review Spanish. percentages of his oil and gas royalty inter- these files with a historian’s commitment to Up until then, these students were est. Four wells were eventually drilled on objectivity.’’ often placed in classes where they the remaining BIA-controlled 40 acres and Still, the search for what happened to couldn’t understand what was going on, pumped from march 1939 to the end of 1941. It Moses Bruno’s land has produced a new sense with disastrous results. But in the was the practice then for oil companies to of equanimity for his family. There have send royalty-payment checks for Indian- been several meetings to bring all the de- early 1960s a number of innovative pro- owned property directly to the super- scendants—some 200 plus—up to date on the grams began to spring up, including a intendent of the local BIA office. Each day stories the documents tell. Leon Bruno has successful one at Pueblo High School the Shawnee office made a deposit via cer- started a nonprofit corporation, funded by in Tucson.

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 2, 2004 CONGRESSIONAL RECORD — SENATE S363 In 1966, Monroe organized a sympo- LOCAL LAW ENFORCEMENT ACT cretionary outlays authorized by Con- sium on the education of Spanish OF 2003 gress were lower than spending re- speaking children. Prominent edu- Mr. SMITH. Mr. President, I rise quested by the President was in 1996. cators and elected officials from West- today to speak about the need for hate According to the Cato Institute, real ern States came together, and a con- crimes legislation. On May 1, 2003, Sen- discretionary spending increases in fis- sensus emerged that bilingual edu- ator KENNEDY and I introduced the cal years 2002, 2003 and 2004 are three of cation was a realistic approach to the Local Law Enforcement Enhancement the 10 largest annual increases in the needs of Spanish speaking students. Act, a bill that would add new cat- last 40 years. Also, the Congressional U.S. Senator Ralph Yarborough of egories to current hate crimes law, Budget Office reports that if current Texas credited Monroe for his decision sending a signal that violence of any appropriations maintain the same rate to attend the symposium, which influ- kind is unacceptable in our society. of growth we have given them since enced him to sponsor the Bilingual One such crime occurred in Fort 1999, we will increase discretionary Education Act of 1968. Wayne, IN, on March 29, 2002. John spending by $2.7 trillion over 10 years Once the bill was introduced, Monroe Runner, a 34-year-old gay man with and every penny of added spending will Sweetland helped marshal support for disabilities, was found severely beaten be reflected in the Federal deficit and it. He arranged witnesses for the hear- in his home. He had also suffered sub- debt. Some people may take comfort in ings, and he persuaded the NEA to en- stantial burns caused by hot bacon CBO’s baseline projections that show dorse it. Without his efforts, it would grease. Part of his brain had to be re- the budget reaching surplus in 2013. Let not have passed. moved during emergency surgery. Law enforcement agents allege that Run- me tell my colleagues these projections The Latino community in the United should not lull us into a false sense of States has come a long way since 1968. ner’s cousin and roommate, Maurice Ellis, found Runner in bed with an- complacency. But we are still fighting to provide bet- First, CBO itself explains the base- other man and an argument ensued. In- ter education opportunities for Latino line projections must estimate the fu- vestigators say that Ellis proceeded to students. As we continue to press on- ture paths of Federal revenues and beat and torture Runner over a 12-hour ward, I hope we never forget the con- spending under current laws and poli- period. Runner was unable to defend tributions of Monroe Sweetland and cies. The baseline is therefore not in- himself due to his disability. others who helped pass the Bilingual tended to be a prediction of future I believe that Government’s first Education Act of 1968. budgetary outcomes. Simply put, the duty is to defend its citizens, to defend On a personal note, my long-time CBO baseline projection assumes Con- them against the harms that come out chief of staff Rey Martinez was nur- gress will restrict the growth of spend- of hate. The Local Law Enforcement tured in the ways of politics by Mon- ing to the rate of inflation, less than 3 Enhancement Act is a symbol that can roe. Rey would be the first to acknowl- percent a year and less than half its become substance. I believe that by edge Monroe’s political acumen, and I current rate of 7 percent. CBO also es- passing this legislation and changing would be the second. Oregon and our timates that Congress will allow Fed- current law, we can change hearts and entire country are a better place be- eral revenues as a percentage of GDP minds as well. cause of this good man. to increase from 15.9 percent to 20.1 f percent, almost a one-third increase. Does anyone seriously believe Con- f THE FEDERAL BUDGET gress will restrict spending or increase Mr. VOINOVICH. Mr. President, I HONORING OUR TROOPS taxes by the amounts required to meet rise today to discuss an issue that I the CBO projections? I wish I could say DEATH OF SGT CORY R. MRACEK have been known to have some that I believed these projections but I Mr. HAGEL. Mr. President, I rise to thoughts on from time to time and outgrew fairy tales a long time ago. express my sympathy over the loss of that is our Nation’s fiscal situation Second, if we are honest with our- Cory R. Mracek, a fellow Nebraskan and this body’s approach to its budget selves, many people just do not think and sergeant in the United States responsibilities. deficits are important anymore. the Army. Sergeant Mracek was killed on First, I would like to congratulate commonly heard refrain from some of January 27 when his patrol was at- my colleagues for passing the Omnibus my colleagues is that Ronald Reagan tacked near Iskandariyah, Iraq. He was Appropriations bill. In this bill, we proved deficits don’t matter. Mean- 26 years old. Sergeant Mracek served in funded all of the President’s priority while, some people only seem to care the 3rd Battalion, 319th Airborne Field items requested in the fiscal year 2004 about deficits when they get in the way Artillery Regiment, 82nd Airborne Di- budget and still restricted discre- of increased spending. vision, based in Fort Bragg, NC. tionary spending to $876 billion. In 1995, the first year Republicans I recognize that many people were controlled Congress, spending grew by A resident of Hay Springs, NE, Ser- dissatisfied with this legislation. Some $25 billion. In 2004, with Republicans geant Mracek was a dedicated soldier people believe Congress spends too lit- still in control of Congress, spending who was committed to his family and tle and last year my colleagues on the will increase by $224 billion. Essen- country. Sergeant Mracek enlisted in other side of the aisle offered amend- tially, the amount we increase spend- the Army after graduating from Hay ments that would have added over $87 ing each year has grown tenfold in just Springs High School in 1995. His moth- billion to total spending in fiscal year 9 years. er, Pat, said her son was a good soldier 2004. Other people believe Congress Well, I am here to tell you deficits who ‘‘was very proud of his country,’’ spends too much and asked President are important. After 10 years as Mayor and loved serving in the Armed Forces. Bush to veto the Omnibus Appropria- of Cleveland and 8 years as Governor of In addition to his mother, Sergeant tions bill because it contains too much Ohio, I can tell you exactly why defi- Mracek is survived by his father, ‘‘pork’’. It seems that neither extreme cits are important. When a local or James, and sisters, Stacy and Heather. was pleased by the fiscal result, which State government allows its finances Our thoughts and prayers are with each may be the best indication we did the to become dangerously unbalanced, of them at this difficult time. right thing. I will not claim the fiscal creditors demand higher and higher Sergeant Mracek and thousands of year omnibus is perfect. Nevertheless, premiums on municipal bonds until in- brave American service men and this bill represents the best possible terest rates become unsustainable. women confront danger every day in compromise between true fiscal dis- Contractors withhold goods and serv- Iraq and their tremendous sacrifices cipline and Congress’ desire to spend. ices or demand strict payment terms as must never be taken for granted or for- Unfortunately, this is our eighth con- a condition of doing business. Taxes gotten. For his service, bravery, and secutive year of compromising fiscal are often raised, which has a serious sacrifice, I ask my colleagues to join discipline and the American people are impact on businesses and families. Fi- me and all Americans in honoring Sgt. beginning to wonder when we will ever nally, government leaders are forced to Cory Mracek. get our act together. The last time dis- make draconian cuts in public services.

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S364 CONGRESSIONAL RECORD — SENATE February 2, 2004 Families and businesses often seek bet- my friends on the other side of the future Social Security beneficiaries. ter opportunities elsewhere, because aisle keep talking about how bad the Like most Americans, I think it is their local government leaders cannot deficits are, while at the same time, wrong to use this money to fund the solve the problems or provide govern- they keep supporting proposals to day-to-day operations of the government services such as school mainte- spend more money which would require ment. This is no way to manage the finance, fire and police protection and borrowing even more next year. Since I nances of our Nation. We must adopt hospital services. joined the Senate in January 1999, budget process mechanisms that en- This downward spiral is not limited there have been 190 attempts to waive courage fiscal responsibility, highlight to state or local governments. Entire the Budget Act, 67 last year alone. It the future consequences of our current nations in South America, Eastern Eu- defies logic for any group of Senators decisions and limit the potential for rope, Southeastern Asia and elsewhere to complain about the deficit when bookkeeping chicanery that would around the globe have followed this they are making 67 attempts to waive make an Enron accountant blush. well worn path to fiscal demise. As the budget act and increase spending. I But I am not under any illusions that much as we may like to think our Na- shutter to think what our deficit would simply tinkering with the budget rules tion enjoys special protection from the look like if all 67 attempts had been will restore fiscal discipline. Congress laws of economics, the fact is that successful. I find it troubling that has made an art form out of skirting sooner or later our own fiscal irrespon- many of my friends on the other side of the budget rules it sets for itself, and I sibility and indebtedness will catch up the aisle cry crocodile tears about the have no doubt that we could come up to us. No government is immune to the size of the deficit while making 67 at- with a number of creative ways to consequences of deficit spending. Every tempts to waive the budget act. avoid these rules as well. government, State, local or national, The proposals we did not pass total Instead, we need to give the Amer- that steadily increases spending with $87 billion for fiscal year 2004 alone and ican people the full picture about the no means to pay the bill sooner or later would have cost over $494 billion over budget outlook so that the political pays a terrible penalty. the next 10 years, all of which would pressure will be created for Congress to I know full well the penalty govern- have added to the deficit. In other play by the rules and restore fiscal dis- ments pay for fiscal foolishness. I took words, if these amendments had been cipline. Last year I worked closely over as Mayor of Cleveland just after approved, next year’s deficit would be with Chairman NICKLES and we were the city had gone into default and it $564 billion instead of $477 billion. Even able to restore several important budg- took us 7 years to dig out of that hole. at today’s very low interest rates of et enforcement mechanisms such as: The, when I became Governor of Ohio, less than 5 percent, these amendments extension of supermajority enforce- I inherited a $1.5 billion debt and had would have added $1.7 billion in addi- ment of budget points of order; exten- to immediately make over 700 emer- tional annual interest payments every sion of discretionary spending limits in gency spending cuts by executive order year. Apparently some people see very the Senate; extension of restriction on and cut spending four more times dur- little difference between paying $200 advance appropriations in the Senate; ing my administration. billion a year in interest and $202 bil- tighter restrictions on emergency I am here to tell my colleagues that lion; but where does it end? How much spending legislation; and restoration of for the United States, that time is of our children’s future and even our pay-as-you-go point of order in the close at hand. Our Federal budget is in own secure retirement can we mort- Senate. dire condition. We face a sea of red ink gage away? Also, as many of you know, last year as far as the eye can see. And perhaps Nevertheless, there is an optimistic I offered an amendment to the budget the worst thing about it is that few message in these numbers. There may resolution requesting the CBO prepare people in this body appear to recognize have been 67 efforts to waive the Budg- a report describing the long term un- how bad our predicament is. et Act in 2003 but only three were suc- funded liabilities of the U.S. govern- Since I came to the Senate in 1999, cessful. For all its well publicized prob- ment. This amendment was approved this body has increased Federal spend- lems, the budget process is working. by unanimous consent and CBO will ing an average of 7 percent per year. If The super majority points of order, es- shortly be providing us with this valu- we maintain this pace, Federal spend- tablished to exert at least a small level able information. I look forward to ing will double every 10 years. Just 3 of fiscal discipline, effectively pre- sharing this information with my col- years ago, we enjoyed a Federal surplus vented 64 of 67 efforts to increase leagues. This year, I will go further and and we now will suffer from major defi- spending. work to include a provision in the cits for at least the next 5 years. I believe it is time to make the Budg- budget resolution directing CBO to in- From the time I first arrived in et Act even more effective. Therefore I clude interest costs in its cost esti- Washington, I have worked hard to re- will be working to include new points mates for legislation. Many Members turn the Federal Government to a bal- of order in the upcoming fiscal year are surprised to learn that CBO does anced budget. For a short time, after 2005 budget resolution. These points of not factor in additional interest ex- hand-to-hand combat, we met our goal order will help end one of the most dis- pense when it reports the cost of pro- and for 2 years, fiscal years 1999–2000, honest budget practices in Washington: posed legislation. It is as if we went to we balanced the budget without raiding the use of Social Security Trust Fund buy a house or car and completely ig- the Social Security surplus. Unfortu- revenues to finance general govern- nored the financing costs and amorti- nately, our success in balancing the ment expenses. zation schedule. budget was short-lived. In the blink of One of the biggest problems here in Today, our national debt stands at an eye we returned to spending the So- Washington when it comes to the budg- $6.8 trillion. If our new CBO figures cial Security surplus and running large et is getting the facts straight. For ex- come to fruition, we will add a cumu- budget deficits. Today, instead of re- ample, it is commonly thought—and lative deficit of $6.1 trillion from fiscal ducing our $6 trillion national debt, we reported in the media—that we only years 2004–2014, which would bring our are expanding it. suffered a $375 billion budget deficit debt up to a whopping $12.9 trillion. At In 2003, this past fiscal year, we suf- last year. However, this figure ignores this level, the interest payments on the fered a budget deficit of $375 billion. the fact that we borrowed and spent national debt would exceed $600 billion, This means that we spent the entire $161 billion from Social Security sur- which is nearly twice as much as we $161 billion Social Security surplus, plus on top of the $375 billion we had to currently spend on non-defense discre- and on top of that we had to issue $375 borrow from the private markets. tionary spending. billion in new debt. And, if we are hon- We spend the Social Security surplus And who is going to end up paying for est about the numbers, next year, and and leave the so-called Social Security this debt? It won’t be members of this the next decade, look even worse. trust fund full of government IOUs. body—no, instead it will land squarely Thankfully, in the omnibus bill, we Then, we pretend the money just in the lap of our children and grand- avoided adopting many of the irrespon- dropped from the sky, and ignore the children. I don’t know any parents or sible spending amendments offered by fact that we borrowed more money— grandparents who would think it was a some members of this body. So many of not from the private markets, but from good idea to run up huge personal debts

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 2, 2004 CONGRESSIONAL RECORD — SENATE S365 that their children or grandchildren tend the temporary tax reforms en- smuggled out of jail to his wife in No- would have to pay at the time of their acted last year, which would mean vember of 2003, he described his impris- death, but that is exactly what we are even less revenue than CBO has as- onment: ‘‘The characteristics of the doing with out Federal budget. sumed in its most recent budget projec- cell violate the law. There are no win- It is immoral to bequeath nearly $13 tions. So if we make these tax reforms dows. There are only walls. Always in trillion of debt to our children and permanent, we will need to either cut darkness . . . The sky can’t be seen.’’ grandchildren. And most of the Amer- most of the spending in the discre- The International Committee of the ican people agree with me. I know this, tionary portion of the budget or dig Red Cross, which last inspected Cuban because when people come into my of- ourselves into an even deeper deficit prisons in 1986, should be allowed back fice asking for money for a particular hole. into Cuba immediately. Others suffer project, I always ask them the same Nor has anyone in the administration similarly in jail. In many cases Castro question. That question is: is this par- or in Congress seriously address the and his thugs have killed his own citi- ticular priority worth putting your need to control mandatory spending. zens and dissidents who advocated free- children and grandchildren further into More than 55 percent of Federal spend- dom or tried to be free. debt? And it’s remarkable, their atti- ing consists of so called ‘‘off budget’’ While regular Cuban citizens suffer tudes immediately change, and many mandatory entitlements. These manda- economic hardships, the regime in Ha- of them reconsider. tory programs may be off budget when vana has used tourism, foreign invest- So the problem isn’t that the Amer- we vote on appropriations bill but their ment and commerce to strengthen its ican people aren’t willing to sacrifice costs weigh heavily on the budgets of stranglehold over its people. Yet many and make hard choices. The problem is future generations. member of Congress support trading that Congress hasn’t had the guts to We have to recognize that everything with Cuba and lifting the travel ban. tell the truth about what we can and we do this year will be measured This approach will not bring democ- can’t afford. We in Congress don’t want against the backdrop of ever increasing racy to Cuba. to say no to anything. We want to have deficits. It is time to take them seri- Europe and Canada have never im- it all. ously and begin to make the difficult posed the type of travel restrictions Over the past 10 years, Congress has choices needed to restore fiscal respon- that the United States has imposed. increased spending at rates that would sibility. The large increase in travel from peo- stagger the average family. Between This will not be politically easy and ple from these free countries has not 1995 and 2004 the growth in median in- I understand that. There is no shortage led to democratic reforms in Cuba. Ac- come for wage earners in our Nation of important things the Federal Gov- tually, the opposite has been hap- was 6 percent. There is not a single de- ernment could be doing across the Na- pening. As Castro has collected cash partment in the entire Federal govern- tion. And, I support many of those from these foreign tourists, he has in- ment that has been asked to restrict spending ideas. creased his repression. its growth in spending to less than 10 But the simple, undeniable fact is The tourist trade in Cuba is con- percent. The most frugal department, that we can’t have it all. We have to trolled by Castro’s totalitarian regime. the Treasury, increased its spending by make hard choices. A system of tourist apartheid has been 10 percent or more than 1.5 times the f implemented whereby ordinary Cubans level enjoyed by median income earn- are denied equal access to hotels, ers. The Department of Labor, guard- FIDEL CASTRO beaches, restaurants, clinics, and hos- ian of the interests of the average Mr. BUNNING. Mr. President, when pitals set aside for tourists. Meanwhile, workers, grew its spending by more we talk about national security and tourists are put in hotels and enclaves than 99 percent or 16 times the increase human rights and our support of de- that are literally walled-off from the earned by the workers it represents. mocracy, much of our attention forest of Cuba and every employee of Those are the facts. Congress needs cuses on Iraq, other countries in the those hotels must be hired through the to wake up and smell the coffee. Unless Middle East, or North Korea. But we Cuban government. Thus, the money we change course, start prioritizing, cannot forget that just 90 miles off our spent at these hotels goes directly to making hard choices, and stop spend- shore, a dictator named Fidel Castro feed Castro’s government. The money ing like drunken sailors, we are going continues to stomp his boot down on tourists spend on hotels and meals is to saddle our children and grand- democratic freedoms and human rights the same money used to pay Castro’s children with a debt so large it boggles in Cuba. thugs that imprison Dr. Biscet and the mind. After all, the cause of freedom for the other beacons of democracy in Cuba. I have no illusions about the enor- Cuban people is no less important than President Bush has been steadfast in mity of the task at hand to restore fis- the cause of freedom for millions in the his support for the freedom loving peo- cal discipline. It’s a big job, but it is Middle East and other parts of the ple of Cuba. He has threatened to veto nothing short of a moral imperative. In world. And let me be clear to some of any bills that loosen travel and trade order to avoid a total breakdown of the my fellow Americans, Fidel Castro is a restrictions with Cuba. He has taken a budget and appropriations process, ruthless dictator that jails, tortures, bold stand for the good of the Cuban President Bush will need to work very and even murders those that seek lib- people. The Senate has also acted. We closely with Congress. Given the com- erty and democracy in his own coun- passed S. Res. 97 calling for the release peting priorities in this body, it could try. of Castro’s political prisoners shortly be very difficult to increase Defense Just ask Dr. Oscar Biscet’s wife. In after Castro jailed Dr. Biscet and his and Homeland Security by 9 percent Spring of 2003, while the world’s atten- peers. Also, last summer we passed S. while limiting the growth in domestic tion was on Iraq, Castro arrested Dr. Res. 62 calling on various human rights spending to only 1 percent. I am pray- Biscet and over 70 other Cuban advo- organizations to take action in regard erful the Budget Committee will recog- cates of democracy. Dr. Biscet and his to the situation in Cuba. nize the reality of these numbers and peers did not promote violence in their The international community needs allocate sufficient funding to domestic quest for a free Cuba. They merely to address the situation in Cuba as budget function areas to gain the sup- asked for the God-given right to speak well. Tragically, the United Nation’s port of an overwhelming majority of freely, a plea for basic human rights, Commission on Human Rights that Senators. To fail to do so would invite and the granting of free and fair elec- should be out front and center con- considerably more than 67 attempts to tion. Instead, Castro gave them harsh demning these atrocities has Cuba sit- waive the budget act and if the budget prison sentences. Amnesty Inter- ting as a voting member. is enacted with an arrow margin, I am national has adopted all of these men We must continue to support advo- not sure we will have the votes to de- and women as ‘‘prisoners of con- cates of democracy currently lan- feat all of them. science.’’ guishing in dirty Cuban jails with And on top of all the pressure we face Dr. Biscet is now nearly a year into hardened criminals and murderers. to increase spending, many of my col- his 25 year sentence for peacefully op- More than at any time in our ongoing leagues would like to permanently ex- posing the Castro regime. In a letter struggle to bring freedom to the Cuban

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S366 CONGRESSIONAL RECORD — SENATE February 2, 2004 people we need to provide a consistent, served in their office of Congressional sas State University. But his love, unified front. We need to support the Affairs with distinction and efficiency known even then, was ranching and in- Bush Administration’s policies towards and without regard to ideology or par- stead of pursuing his college education, Cuba. We endanger lives and prolong tisanship. During my tenure both as he returned to Willow Lake to go to the suffering of the Cuban people by chairman and as ranking member of into partnership with his father. supporting travel and trade with Cuba. the Water and Power Subcommittee of Returning to Willow Lake, he mar- Not many people know that I once the Energy and Natural Resources ried his high school sweetheart, Jean lived in Cuba. Before Castro took Committee, Ms. Brown worked closely Brower, raised three children, and was power, I played alongside many Cubans with my staff to make sure that testi- a vital part of this small South Dakota for a baseball team in Havana. I saw mony was submitted in a timely man- community. He served as an elder and the beautiful Cuban beaches and got to ner. She always worked to ensure that a deacon of the Presbyterian Church know the country and its people well. I we got the information we needed from and was a member of the Gideons. He have fond memories of Cuba and my Reclamation in order to address many served also on the Willow Lake Farm- wife Mary and I would like to go back of the water resources issues facing Or- ers Elevator board of directors for and visit someday. egon and the western United States. many years. He and his father worked But as long as good Cubans like Dr. We will miss Ms. Brown at Reclama- together raising purebred Hereford Biscet and others are jailed by a ruth- tion. With her there, we always knew bulls and today’s Edleman Ranch is a less dictator like Fidel Castro, I will we could get the information and as- fourth generation operation which he not travel to Cuba I will wait until the sistance we needed in a timely manner owns and operates with his eldest son, day I can visit a free Cuba—A Cuba and always with a smile on her face. Marshall. Together they run a Red that respects human rights and free While Reclamation and those of us in Angus commercial cow/calf operation. speech; a Cuba where children are not this body who work with that agency He is also involved with sons Marshall brainwashed under Castro’s propaganda are sad to see her leave Reclamation, I and Jason as joint owners of the Split classes and where their spirits are free, am pleased that Ms. Brown will con- Rock Cattle Company. Additionally, he where they can grow up without fear, tinue to work with the Congress from is chairman of Beef Origins, a family- and where they can grow up in free- her new post in the Congressional Af- owned business which is involved in a dom. fairs office at the Department of Agri- computer based livestock identifica- f culture’s Rural Development—where tion program. Unexpectedly, Jean she will continue to help Congress ad- passed on in 1989. ADDITIONAL STATEMENTS Myron’s in-depth knowledge of both dress the needs of rural communities the livestock and farming industries throughout the United States. has proven invaluable in his ability to TRIBUTE TO THE ST. VINCENT DE Mr. President, I ask you and others represent farmers and ranchers in a PAUL COMMUNITY PHARMACY in this body to join me in wishing her positive and effective manner. His abil- good luck and thank her for everything ∑ Mr. BUNNING. Mr. President, I pay ity to articulate that knowledge and that she has done for me, for Oregon, tribute to the St. Vincent de Paul share it in a meaningful way has also for the Energy and Natural Resources Community Pharmacy of Crescent been essential to the success he has Committee and for the Senate.∑ Springs, KY on its outstanding dedica- achieved as a director. And his unwav- tion to the community. f ering commitment has been without The St. Vincent de Paul Community HONORING MYRON EDLEMAN peer. No matter how last minute the Pharmacy has been in operation for ∑ meeting, how inconvenient the con- nearly 2 years now. Since then it has Mr. JOHNSON. Mr. President, I today publicly recognize Myron ference call time or how many times provided an invaluable community flights had to be re-booked. Myron has service by filling expensive drug pre- Edleman on his retirement from the Farm Credit Council. He has had the always been there, on time and on top scriptions for the needy for free. of the issues. Add to this mix his In this era of high costs for prescrip- honor of representing farmers and ranchers in American agriculture since strong personal characteristics of hon- tion drugs, it is very comforting to esty, integrity and a keen intelligence, know that there are groups such as St. the mid-1980s when he was first elected to his first Farm Credit System entity plus a handshake that conveys not Vincent de Paul which are helping low- only strength but honor, and it is easy income people afford the prescriptions board of directors. Over the years, the system configurations may have to see why Myron is widely regarded as that they need. In its first 6 months of the most respected and effective direc- changed but Myron’s service to the sys- operation alone, the pharmacy has tor in Farm Credit System. tem remains as dedicated as it was 2,000 prescriptions totaling $180,000 in Always able to separate his personal value. These efforts are made possible when he first walked into a board politics and opinions from his direc- by concerned citizens and volunteer room. He has served as an association torial duties, Myron has worked un- pharmacists that dedicate their time director, a bank director and as rep- ceasingly for agriculture and those who to this worthy endeavor. resentative on the Farm Credit Coun- are part of the industry in an unbiased The people of northern Kentucky, cil. Additionally, he has been appointed and professional manner. His countless and across the entire Commonwealth, to select committees, advisory com- contributions will be missed not only can all be proud of the dedication and mittees, search committees and other by his colleagues and his friends, but kindness shown by the people at the system assignments too varied and too by agriculture as a whole. We are St. Vincent de Paul Community Phar- numerous to itemize. His tenure at grateful for his service and wish con- macy. In order for our society to con- Farm Credit has been mutually reward- tinued success for his future. Myron tinue to be at its best, we must have ing. He takes with him friendships and looks forward to spending his retire- organizations like St. Vincent de Paul associations that he will forever treas- ment with his wife Anne whom he mar- Community Pharmacy in our commu- ure and leaves behind a legacy of com- ried in 1992. nities and our lives. Kentucky is in mitment and effectiveness which few It is with great pleasure that I share your debt, and you make us all proud.∑ involved in the system have equaled. his impressive accomplishments with Myron was born and grew up in Wil- f my colleagues.∑ low Lake, SD. He was an outstanding f DEPARTURE OF LESLIE BROWN student at Willow Lake High School FROM RECLAMATION and served as valedictorian of his sen- TRIBUTE TO BRIGADIER GENERAL ∑ Mr. SMITH. Mr. President, today I ior class. He lettered 16 times, once a WILLIAM T. BESTER bid farewell and best wishes to Ms. Les- year for football, basketball, and track. ∑ Mr. INOUYE. Mr. President, I would lie Brown, who leaves the Bureau of He was named to All-State teams in like to recognize a great American and Reclamation’s Washington office after both basketball and football. Despite a true military hero who has honorably fifteen years of dedicated service. an opportunity to try out as a catcher served our country for 35 years in the For the majority of her 15 years at for the Chicago Cubs, Myron instead Army and Army Nurse Corps: BG Wil- the Bureau of Reclamation, Leslie has opted for a football scholarship at Kan- liam T. Bester. Brigadier General

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 2, 2004 CONGRESSIONAL RECORD — SENATE S367 Bester has had a long and distinguished shouldered the most complex policy who was the mayor of a city with three military career, which he began as a and readiness issues. He consistently Democrats for every Republican. But staff nurse before obtaining advanced achieved positive results by fostering his hard work and his kind spirit won education as a nurse anesthetist. He harmonious working relationships him supporters and friends on both served at various medical facilities in- within the Pentagon and the Office of sides of the aisle. Seb Garafalo was a cluding Madigan Army Medical Center the Army Srugeon General. Brigadier friend and a gentleman first, and a pol- in Tacoma, WA, Okinawa, Japan and General Bester was at the forefront of itician second. Fort Sill, OK. His tremendous leader- efforts to articulate the ‘‘medical posi- From an early age, Seb Garafolo was ship skills led to his selection as a tion’’ to Army colleagues, Congress, an individual who wanted to make a nurse instructor at the Army Medical TRICARE beneficiaries, and the sister difference. As soon as he graduated Department Academy of Health services. He effectively oversaw and high school in 1951, he enlisted in the Sciences in San Antonio, TX, and as a synchronized the conversion of the 91B Connecticut National Guard. During nurse recruiter in Indiana. He also and 91C Military Occupational Spe- the Korean War, he was called up to ac- served as a personnel management offi- cialty into the 91W Future Medic—one tive duty and was stationed in Ger- cer at the Army personnel command in of the most important and wide-rang- many. He reached the rank of SSG be- Alexandria, VA, and as deputy coming medical training initiatives of the fore being honorably discharged. For mander for nursing at the medical fa- past 20 years. Brigadier General Bester many years to come, Seb Garafolo cility at Fort Ben Harrison, IN. Briga- also championed the medical re- would be intimately involved in vet- dier General Bester served with dis- engineering initiative changes to the erans’ causes in Middletown, including tinction in a series of assignments as medical force structure, quality man- the founding of the Middletown Mili- deputy commander for nursing at the agement techniques for the Army Med- tary Museum, Inc. just this past year. Medical Department Activity, ical Department, improved civilian Until the day he died, Seb Garafolo MEDDAC, at Fort Leavenworth, KS, personnel hiring incentives, and im- deputy commander for nursing for the never forgot his military service and proved Reserve component integration. those with whom he served. Sixty-seventh Combat Support Hos- As commander of the U.S. Army Cen- pital, Wuerzburg, Germany, com- ter for Health Promotion and Preven- After years of participating in commander for Medical Task Force 67 as- tive Medicine, Brigadier General munity organizations, from the Elks signed to provide comprehensive med- Bester effectively guided the only Lodge and the American Legion to the ical support to the National Support worldwide, medically matrixed health St. Sebastian Church and the Holy Element in Tazar, Hungary, during Op- promotion and preventive medicine or- Name Society, Seb Garafolo began his eration Joint Endeavor, and finally ganization within the Department of formal public service when he was commander, MEDDAC and director of Defense. He accelerated a trans- elected to the Middletown Common health services, Fort Jackson, SC. In formation that enhanced the center’s Council in 1973. In 1983, he was elected every assignment, Brigadier General relevance to the Army and its ability to his first term as mayor. He would Bester was recognized for his loyal, to deliver effective support across the hold that post until 1989, and then dedicated, and proactive leadership operational spectrum in the wake of again from 1991 to 1993. Seb helped ren- throughout the military community. the September 11, 2001, terrorist attack ovate Middletown’s schools, roads, and In 2000, Brigadier General Bester was on America. His emphasis on deploy- parks, and took the lead on building a appointed the twenty-first chief of the ment occupational and environmental trash-to-energy plant. He even put his Army Nurse Corps. As chief, Brigadier health issues, and the provision of own life on the line when he wore a General Bester planned, implemented operationally focused, health risk as- wire for the Middletown Police Depart- and monitored all policy and programs sessment guidance to combatant comment while meeting with individuals for 3,415 Army nurses and over 13,000 manders within an operational risk suspected of organized crime. reserve component nurses. He success- management framework, directly con- After his final term as mayor, Seb fully implemented numerous recruiting tributed to saving the lives and health spent 6 years as Middletown’s tax col- and retention initiatives in his tireless of our deployed soldiers in Turkey, Af- lector, and then was elected, once pursuit to combat the impact of the ghanistan, Iraq, and the Persian Gulf. again, to the Common Council. In 2001, nationwide nursing shortage on the Brigadier General Bester’s accom- he closed out a long and accomplished nurse corps and the Army civilian plishments are eloquent testimony to career by serving as assistant district nurse workforce. Brigadier General his talent, dedication, loyalty, and de- director for my friend and colleague Bester was instrumental in obtaining termination to ensure that the best Congressman ROB SIMMONS. congressional sanctioned direct hire possible medical and preventive medi- authority for civilian registered Seb’s commitment to service was ob- cine support is always available to our viously extraordinary. And that kind nurses. This dramatically improved the soldiers, civilians, and family mem- fill rate of professional nurses in Army of commitment extended to his private bers. Brigadier General Bester has es- life as well. Seb was married to his medical treatment facilities. With re- tablished a legacy of superior perform- gard to recruiting Army nurses, Briga- high school sweetheart, Marie, and ance to be emulated by all, which re- they had two sons, Michael and Joseph. dier General Bester championed expan- flects exceptionally on himself, the sion of Reserve officer training corps When Seb was diagnosed with the dis- United States Army, the Department ease that eventually would take his nursing scholarships to almost 200 of Defense, and the United States of schools across the country and ex- life, he was given six months to live. America. I extend my deepest apprecia- But he was determined to be there with panded the number of available slots tion on behalf of a grateful nation for for the Army Enlisted Commissioning Marie to celebrate their 50th wedding his dedicated service. Congratulations 1 Program for Nursing from 55 to 75. To anniversary. So for 2 ⁄2 years, Seb to my friend, Brigadier General Bill Garafolo fought cancer with that meet the growing need for nurse edu- ∑ Bester. I wish him Godspeed. dream in mind. And just a few months cators and researchers, Brigadier Gen- f eral Bester and his Federal Nursing before his passing, he and Marie did Service colleagues worked with the IN MEMORY OF SEBASTIAN have that golden anniversary celebra- Uniformed Services University of the GARAFOLO tion. Health Sciences and Congress to suc- ∑ Mr. DODD. Mr. President, I speak On behalf of the United States Sen- cessfully establish a Ph.D. program in in memory of the Honorable Sebastian ate, I offer my thanks to Seb Garafolo nursing science and a perioperative Garafolo, who passed away on Wednes- for his years of service to the people of clinical nurse specialist program at the day, January 21, 2004 at 72 years of age. Middletown. And I offer my most Graduate School of Nursing. Seb, as he was known, served the peo- heartfelt sympathies to Marie, Mi- As the Assistant Surgeon General for ple of Middletown, CT for over 31 years, chael, Joseph, Seb’s sister Josephine, Force Projection and the Deputy Chief including four terms as one of its most his grandchildren and great grandchild, of Staff for Operations, Health Policy popular mayors. This was no small and to everyone who knew and loved and Services, Brigadier General Bester feat. Seb Garafalo was a Republican him.∑

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S368 CONGRESSIONAL RECORD — SENATE February 2, 2004 TRIBUTE TO JOHN A. WILLIAMS ly been transformed from being a tex- those who sought to expand its role. SR. OF PADUCAH tile capital of the world to a much The idea of expanding the scope and ∑ Mr. BUNNING. Mr. President, I pay more diversified economy. Since 1985, authority of the REA, began in the late tribute today to John A. Williams, Sr. engineering, telecommunications, re- 1930s when REA Administrator John of Paducah, KY for his diligence and tail and knowledge-based companies Carmody wrote: commitment to the community in have joined manufacturing as major Personally, I have long felt there was a which he lives. Mr. Williams was hon- sources of new jobs. There is no doubt real opportunity for constructive assistance ored for his civic work at the Paducah Greenville is now one of the Southeast to rural people in the idea of Federal financ- Area Chamber of Commerce Annual regions’ premier cities for business. ing of farm telephone lines. It seems to me Bill Workman played a leading role that the rural people have just as much right Dinner on Thursday, January 29, 2004. to up-to-date communication as they have to In 1965, John A. Williams founded in this evolution and has made many noteworthy contributions to Greenville modern power. There’s no question in my Computer Services, Inc., CSI, under the mind but that Government assistance will be initiative to provide the finest bank and upstate South Carolina. He served as a past president of the required if the job is ever to be completed. date processing services in Western Municipal Association of South Caro- This idea remained just an idea until Kentucky and Illinois. CSI, which lina and is a recipient of the Order of 1944 when Senator Lister Hill, a Demo- began with six employees and three the Palmetto, a graduate of Leadership crat from Alabama, introduced legisla- customers, was an agreement of three South Carolina, and is listed in Who’s tion calling for the formation of the Paducah banks to consolidate for the Who in America. He was named the Rural Telephone Administration, mod- initiative. Mr. Williams continues as 1999 Nelson Mullins Business Person of eled after the REA. Senator Hill was chairman of the board for CSI, which is the Year in Greenville and Volunteer of soon joined in his effort to bring tele- now ranked as the fourth largest bank the Year for 2000–2001 by the South phone service to rural America by, data processing company in the nation Carolina Economic Developers Associa- Representative W.R. ‘‘Bob’’ Poage, and continues to bring new technology tion. Democrat from Texas, who introduced and jobs to the region it serves. Mr. Workman is a graduate of The similar legislation calling for the ex- Additionally, Mr. Williams has Citadel and served 2 years active duty. pansion of the existing REA to make served on the board of every major He has worked as a newspaper reporter telephone loans. business, civic, and cultural organiza- for the Charleston News and Courier Following 4 years of failed attempts, tion in Paducah. He is currently on the and the Greenville News. He later Congress finally succeeded in passing board of Paducah Power Systems, and taught and served as dean of Allied the telephone amendments to the has served on a number of Governors’ Health Sciences at Greenville Tech- Rural Electrification Act. On October Commissions for the Commonwealth. nical College. He served 6 years on the 28, 1949, President Harry Truman The Paducah Area Chamber of Com- school board of Greenville County and signed the measure into law, which merce named Mr. Williams Distin- was a founder of the S.C. Literacy As- granted the REA the authority to guished Citizen for his work in secur- sociation. make loans for the extension and im- ing money for the Luther F. Carson He served as executive assistant for provement of rural telephone service. Four Rivers Center, leading a cam- natural resources and economic devel- Soon thereafter, the National Rural paign that raised more the $9 million opment for Gov. James B. Edwards. Mr. Electric Cooperative Association, for the performing arts center. The Workman’s selfless efforts also include NRECA, created a telephone com- citizens of Paducah are proud of the community economic analyses and mittee, composed of representatives of beautiful, downtown Four Rivers Cen- siting studies involving hundreds of newly formed joint electric-telephone ter and appreciate Mr. Williams and counties in North America. cooperative organizations. By 1954, rep- the other citizens that put so much He has two sons, three stepdaughters, resentatives from these co-ops, with time and energy into securing the and three grandchildren and is married the encouragement of NRECA, decided funds for the center. The center opens to the former Patti Gage Fishburne of that the time had come to form a sepa- at the end of February and will provide Walterboro. rate national organization to represent the entire region with a wide variety of We all appreciate his years of service telephone cooperatives. entertainment, cultural, and edu- to his community and wish him the On June 1, 1954, eight companies, in- cational programs. very best in all his future endeavors. Mr. Williams is a tribute to Paducah Mr. Workman may retire in February cluding my constituent then known as and the entire Commonwealth of Ken- from his position with Piedmont Nat- BEK Mutual Aid Corporation, along tucky. I thank the Senate for allowing ural Gas, but as his past history has with: Buggs Island Telephone Coopera- me to recognize him and the contribu- shown, he will never retire from his tive, Chase City, VA; Mark Twain tions he has made.∑ commitment to making Greenville a Rural Telephone Company, Bethel, MO; great place to live.∑ Mid-Rivers Telephone Cooperative, Inc. f Circle, MT; Pineland Telephone Coop- BILL WORKMAN f erative, Inc. Metter, GA; Winnebago ∑ Mr. GRAHAM of South Carolina. Mr. NTCA 50th ANNIVERSARY Cooperative Telephone Association, President, thank you for this oppor- ∑ Mr. DORGAN. Mr. President, I rise Lake Mills, IA, Twin Lakes Telephone tunity to recognize the accomplish- today to honor the National Tele- Cooperative Gainesboro, TN, and North ments of one of my constituents Bill communications Cooperative Associa- Central Telephone Cooperative Lafay- Workman. tion as they celebrate their 50th anni- ette, TN formed the National Tele- I rise to commend him for his pre- versary. I take great pride in the fact phone Cooperative Association, which vious work as Mayor of Greenville, SC that BEK Communications Cooperative was later renamed the National Tele- from 1983 to 1995, his many years of of Steele, ND is among the founding communications Cooperative Associa- tireless community activities, and his members of NTCA. Forming soon after tion. most recent position as vice president the Rural Electrification Administra- BEK, whose name was formed by the of South Carolina District Operations tion, REA—today known as the Rural initials of Burleigh, Emmons, and Kid- of Piedmont Natural Gas Company. He Utilities Service—was granted author- der counties, was incorporated in 1952, is scheduled to retire from this posi- ity to make loans to telephone compa- and was one of the first recipients of tion in February 2004. nies, BEK and its fellow members in telephone loans from the REA. In fact, Mr. Workman also serves as presi- the National Telecommunications Co- the company received its first REA dent of the Greenville County Research operative Association, NTCA, have loan for $371,000 in April 1952 to pur- and Technological Development Cor- evolved from providing basic chase and upgrade its Hazleton, ND ex- poration and as charter chairman of multiparty telephone service to offer- change. In 1954, REA approved a second the Greenville Area Development Cor- ing a full array of advanced tele- loan for $1,499,000. This funding enabled poration. communications services. BEK to expand their service territory Over the past few decades, Greenville Rural telecommunications carriers with the purchase of several inde- and upstate South Carolina have slow- owe a debt of gratitude to REA, and pendent telephone companies and to

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 2, 2004 CONGRESSIONAL RECORD — SENATE S369 begin the process of establishing mod- EXECUTIVE MESSAGES REFERRED steps to reduce the terrorist threat to ern dial exchanges. The Hazleton ex- As in executive session the Presiding Americans here at home, and protect change became the first to be cut over Officer laid before the Senate messages American interests overseas. This Na- to modern dial service on March 3, 1956. from the President of the United tion has committed itself to the long BEK continued to grow and prosper States submitting sundry nominations war against terror. And we will see throughout the 1950’s and 1960’s. In which were referred to the appropriate that war to its inevitable conclusion: April 1967, a third REA loan enabled committees. The destruction of the terrorists. BEK to begin upgrading its system to Our Budget reflects the continuing (The nominations received today are one party service. By June 10, 1977, all importance of providing for the defense printed at the end of the Senate pro- of BEK’s 12 exchanges had been up- and security of the American people. ceedings.) graded to one-party service. We will continue to provide whatever it What began as a dream in the minds f takes to defend our country by fully of rural residents 50 years ago has TRANSMITTING THE BUDGET OF supporting our military, which is per- evolved into a diverse, state-of-the art THE UNITED STATES GOVERN- forming with great skill and honor in telecommunications company serving our battles overseas. We also are pro- 6,000 members across 5,700 square miles MENT FOR FISCAL YEAR 2005— PM 62 viding the necessary resources to our in a six-county area. Today BEK Com- law enforcement and emergency per- munications provides many basic and The Presiding Officer laid before the sonnel at home to meet the new advanced services including: local and Senate the following message from the threats posed by terrorists. long distance telephone service, dial-up President of the United States, to- Just as we have taken much-needed and high speed Internet access, using gether with an accompanying report; steps to strengthen our national secu- DSL & satellite technologies, advanced which was referred jointly to the Com- rity, we have also pursued an aggres- intelligent network features, ISDN, mittees on Appropriations and on the sive agenda to promote our economic dedicated data circuits, voice mail, Budget: security. In 2003, we worked with the automated attendant functions, The Budget I am proposing for 2005 is Congress to accelerate much of the tax centrex and more. a reflection of this Nation’s goals and relief that had been passed in 2001, so BEK’s success and its commitment to purpose, and advances our three high- that Americans could keep more of providing exemplary telecommuni- est priorities. First, America will pre- their paychecks and so that businesses cations services to its members is in- vail in the War on Terror by defeating would have more incentive to invest in dicative of all the rural telecommuni- terrorists and their supporters. Second, new jobs and new equipment. As a re- cations carriers that make up the we will continue to strengthen our sult, our economy is strong, and grow- membership of the National Tele- homeland defenses. Third, this Nation ing stronger. Economic output in the communications Cooperative Associa- is building on the economic recovery third quarter rose at its fastest annual tion. NTCA’s membership has expanded that began in earnest in 2003 with poli- pace in nearly 20 years. More manufac- from eight members in seven States to cies that further promote growth and turers reported rising factory activity 558 members spread across 45 States. job creation. In addition, we will con- than at any point in the last 20 years. These small rural telecommunications tinue to strengthen the domestic insti- American homeownership reached its systems provide voice services to ap- tutions that best express our values, highest level ever. Employment is on proximately 3,270,000 subscribers over a and serve the basic needs of all: good the rise. By cutting tax rates on in- combined territory comprising some 40 schools, quality and affordable health vestment gains and dividend payments, percent of the geographic United care, and programs that promote hope we promoted saving, capital formation, States. On average, NTCA member- and compassion in our communities. In and investment—and Americans’ hold- companies serve rural areas with a pop- meeting these priorities, the Govern- ings in the stock market rose by al- ulation density averaging between one ment must exercise fiscal responsi- most $3 trillion. to five customers per square mile, a bility by limiting spending growth, fo- There is still more to do, however. sharp contrast from the Bell companies cusing on the results of Government We cannot be satisfied until every average of 130 customers per square programs, and cutting wasteful spend- American looking for work has found a mile. Today, NTCA member-companies ing. job. We must sustain the momentum of on average serve 5,100 subscribers. In In 2003, America made great progress this recovery by making the tax relief addition to their traditional voice of- in the War on Terror. Afghanistan, passed in 2001 and 2003 permanent. We ferings, most are also engaged in the which once was ruled by the repressive will continue to open markets abroad provision of some combination of Taliban regime, now has adopted a new for American products. And as the Internet, wireless, long distance, pag- constitution, taking a fundamental economy improves, we will also con- ing, and cable or satellite television step on the path to democracy. In Iraq, front the challenge faced by workers services. the remnants of the Ba’athist regime Through it all, NTCA members have who must learn new skills to fill new are being systematically rounded up, maintained that local touch that can jobs. As a Nation, we must help Ameri- and Iraqis are assuming responsibility only be found by folks serving their cans develop the skills they need to for their own security and future gov- friends and neighbors. With the finan- succeed in a highly competitive, highly ernment. Libya has pledged to disclose cial assistance of the Rural Utilities productive economy. And so this budg- and dismantle all of the regime’s weap- Service, NTCA members remain on the et continues to support high standards cutting edge of technology by expand- ons of mass destruction programs. in our schools and proposes a Jobs for ing broadband opportunities through These victories do not change a fun- the 21st Century initiative to ensure such means as fiber-to-the-home damental truth: Our Nation remains at older students and adults can gain the projects in communities across this war. In this war, which began on Sep- skills they need to find work now. country. NTCA rural telecommuni- tember 11, 2001, our citizens are the Economic growth and good steward- cations companies continue to connect strategic targets of our enemy. We ship of taxpayer dollars will help us the heartland of America to the world. have responded in two significant meet another important priority: Cut- NTCA and its 558 member-companies ways: First, we have taken the offen- ting the budget deficit brought on by should be commended for their ever sive to hunt down the terrorists, deny recession and war. We must continue present commitment to rural America. them easy refuge, identify and seize to evaluate each Federal program, to Happy 50th Anniversary, NTCA.∑ their secret finances, and hold them make sure that it meets its goals, and and their sponsors to account. Second, produces the desired results. I propose f we have moved to secure the Nation’s to hold discretionary spending growth MESSAGES FROM THE PRESIDENT homeland. In 2003, the new Department below four percent, less than the aver- Messages from the President of the of Homeland Security began operations age rate of growth of American family United States were communicated to in the biggest reorganization of the incomes. And spending unrelated to de- the Senate by Ms. Evans, one of his Federal Government in half a century. fense and homeland security will be secretaries. Over this past year, we have taken held below one percent growth—less

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S370 CONGRESSIONAL RECORD — SENATE February 2, 2004 than the rate of inflation—while con- passports; to the Committee on the Judici- the Committee on Agriculture, Nutrition, tinuing to meet education, health care, ary. and Forestry. and other priorities of this Nation. EC–6013. A communication from the Under EC–6023. A communication from the Chair, Secretary and Director, United States Pat- With this spending restraint and con- United States Access Board, transmitting, ent and Trademark Office, transmitting, pur- pursuant to law, a report relative to the In- tinue pro-growth economic policies, we suant to law, the report of a rule entitled spector General Act and the Federal Man- can cut the deficit in half over the next ‘‘Changes to Implement the 2002 Inter Partes agers’ Financial Integrity Act; to the Com- five years. Reexamination and other Technical Amend- mittee on Governmental Affairs. Finally, this Budget addresses the ments to the Patent Statute’’ (RIN0561– EC–6024. A communication from the Chair, needs of a great and compassionate Na- AB57) received on January 13, 2004; to the United States Access Board, transmitting, tion, whose values are strong, and Committee on the Judiciary. pursuant to law, a report relative to the In- whose institutions of hope are endur- EC–6014. A communication from the Direc- spector General Act and the Federal Man- tor, Regulations Management, Veterans Ben- ing. We are helping communities of agers’ Financial Integrity Act; to the Com- efits Administration, transmitting, pursuant mittee on Governmental Affairs. faith pull the addicted out of depend- to law, the report of a rule entitled ‘‘Exclu- EC–6025. A communication from the Direc- ency. We are lifting children out of a sions from Income and Net Worth Computa- tor, Office of Management and Budget, Exec- life of despair by making sure they tions’’ (RIN2900–AJ52) received on January utive Office of the President, transmitting, have mentors, and we will continue to 13, 2004; to the Committee on Veterans’ Af- pursuant to law, the Office’s Fiscal Year 2003 press for improvements in our schools, fairs. Inventory of Commercial Activities; to the so that no child is left behind. We are EC–6015. A communication from the Dep- Committee on Governmental Affairs. uty Associate Administrator, Environmental EC–6026. A communication from the Execu- extending hope and healing to millions Protection Agency, transmitting, pursuant suffering from the global epidemic of tive Director, Office of Navajo and Hopi In- to law, the report of a rule entitled ‘‘Revi- dian Relocation, transmitting, pursuant to AIDS. We will begin to implement the sions to the California State Implementation law, a report relative to the Federal Man- benefits of our Medicare modernization Plan, San Joaquin Valley Unified Air Pollu- agers’ Fiscal Integrity Act of 1982 and the In- and reform law, which will bring all tion Control District, Yolo-Solano Air Qual- spector General Act of 1988; to the Com- our seniors coverage for prescription ity Management District’’ (FRL#7607–5) re- mittee on Governmental Affairs. drugs. And we will make health care ceived on January 20, 2004; to the Committee on Agriculture, Nutrition, and Forestry. f more affordable and extend the full EC–6016. A communication from the Dep- benefits of our health care system to uty Associate Administrator, Environmental INTRODUCTION OF BILLS AND more Americans who currently have no Protection Agency, transmitting, pursuant JOINT RESOLUTIONS health insurance. to law, the report of a rule entitled ‘‘Form- Meeting these priorities will require aldehyde, polymer with a[bis(1- The following bills and joint resolu- hard work, skill, and the resources of a phenylethyl)phenyl]-w-hydroxypoly(oxy- tions were introduced, read the first great Nation. Yet America has always 1,2ethanediyl-; Tolerance Exemption’’ and second times by unanimous con- risen to new challenges, and has always (FRL#7340–9) received on January 20, 2004; to sent, and referred as indicated: the Committee on Agriculture, Nutrition, By Mr. DASCHLE (for Mr. LIEBER- set new goals. Challenge and change and Forestry. have revealed the true strengths of this EC–6017. A communication from the Dep- MAN (for himself, Mr. MCCAIN, Mr. Nation and the enterprise of its people. uty Associate Administrator, Environmental DASCHLE, Mr. DORGAN, Mr. LAUTEN- And as 2004 begins, I am confident Protection Agency, transmitting, pursuant BERG, Mr. CORZINE, Mr. GRAHAM of those gifts will serve us again, until to law, the report of a rule entitled ‘‘Copper Florida, Mr. DURBIN, Mr. DODD, Ms. COLLINS, Mr. LOTT, Mr. GRAHAM of our work is done. (ii) Hydroxide; Exemption from the Require- ment of a Tolerance’’ (FRL#7341–1) received South Carolina, and Mr. HAGEL)): GEORGE W. BUSH. S. 2040. A bill to extend the date for the THE WHITE HOUSE, February 2, 2004. on January 20, 2004; to the Committee on Ag- riculture, Nutrition, and Forestry. submittal of the final report of the National f EC–6018. A communication from the Chair- Commission on Terrorist Attacks Upon the man, Commodity Futures Trading Commis- United States, to provide additional funding EXECUTIVE AND OTHER sion, transmitting, pursuant to law, the fis- for the Commission, and for other purposes; COMMUNICATIONS cal year 2003 Federal Managers’ Financial In- to the Select Committee on Intelligence. tegrity Act; to the Committee on Agri- By Mr. MILLER: The following communications were S. 2041. A bill to provide that pay for Mem- laid before the Senate, together with culture, Nutrition, and Forestry. EC–6019. A communication from the Dep- bers of Congress be reduced following any accompanying papers, reports, and doc- uty Associate Administrator, Environmental fiscal year in which there is a Federal def- uments, and were referred as indicated: Protection Agency, transmitting, pursuant icit; to the Committee on Governmental Af- EC–6008. A communication from the Sec- to law, the report of a rule entitled ‘‘Sulfuryl fairs. retary of Health and Human Services, trans- Flouride; Pesticide Tolerance [Final Rule]’’ By Mr. GRAHAM of Florida: mitting, pursuant to law, a report relative to (FRL#7342–1) received on January 20, 2004; to S. 2042. A bill for the relief of Rocco A. the implementation of the Performance- the Committee on Agriculture, Nutrition, Trecosta of Fort Lauderdale, Florida; to the Based Incentive System; to the Committee and Forestry. Committee on the Judiciary. on Health, Education, Labor, and Pensions. EC–6020. A communication from the Dep- By Mr. SPECTER (for himself and Mr. EC–6009. A communication from the Sec- uty Associate Administrator, Environmental SANTORUM): retary of Labor, transmitting, pursuant to Protection Agency, transmitting, pursuant S. 2043. A bill to designate a Federal build- law, the Department of Labor’s Fiscal Year to law, the report of a rule entitled ‘‘Lactic ing in Harrisburg, Pennsylvania, as the 2003 Annual Report on Performance and Ac- Acid, n-Butyl Ester, (S) and Lactic Acid, ‘‘Ronald Reagan Federal Building’’; to the countability; to the Committee on Health, Ethyl Ester, (S); Exemption from the Re- Committee on Environment and Public Education, Labor, and Pensions. quirement of a Tolerance [Final Rule]’’ Works. EC–6010. A communication from the Direc- (FRL#7338–4) received on January 20, 2004; to By Mr. SCHUMER: tor, Office of Exemption Determinations, the Committee on Agriculture, Nutrition, S. 2044. A bill for the relief of Alemseghed Employee Benefits Security Administration, and Forestry. Mussie Tesfamical; to the Committee on the transmitting, pursuant to law, the report of EC–6021. A communication from the Sec- Judiciary. a rule entitled ‘‘Class Exemption for the Re- retary, LOCAL Television Loan Guarantee By Mrs. BOXER: lease of Claims and Extensions of Credit in Board, Department of Agriculture, transmit- S. 2045. A bill to amend the Help America Connection with Litigation’’ (RIN1210–ZA03) ting, pursuant to law, the report of a rule en- Vote Act of 2002 to require a voter-verified received on January 13, 2004; to the Com- titled ‘‘7 CFR Part 2200 and 2201, LOCAL Tel- permanent record or hardcopy under title III mittee on Health, Education, Labor, and evision Loan Guarantee Program’’ (RIN0572– of such Act, and for other purposes; to the Pensions. AB82) received on January 27, 2004; to the Committee on Rules and Administration. EC–6011. A communication from the Chair- Committee on Agriculture, Nutrition, and By Mr. GRAHAM of Florida (for him- man, National Indian Gaming Commission, Forestry. self and Mr. NELSON of Florida): transmitting, pursuant to law, the report of EC–6022. A communication from the Con- S. 2046. A bill to authorize the exchange of a rule entitled ‘‘Fees’’ (RIN3141–AA16) re- gressional Review Coordinator, Animal and certain land in Everglades National Park; to ceived on January 13, 2004; to the Committee Plant Health Inspection Service, Department the Committee on Energy and Natural Re- on Indian Affairs. of Agriculture, transmitting, pursuant to sources. EC–6012. A communication from the Assist- law, the report of a rule entitled ‘‘Add Yuca- By Mr. BOND: ant Secretary, Legislative Affairs, transmit- tan Peninsula to the List of Regions Consid- S. 2047. A bill to amend the Energy Em- ting, pursuant to law, a report relative to ered Free of Exotic Newcastle Disease’’ (Doc. ployees Occupational Illness Compensation the implementation of machine-readable No. 02–036–2) received on January 27, 2004; to Program Act of 2000 to include certain

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 2, 2004 CONGRESSIONAL RECORD — SENATE S371 former nuclear weapons program workers in cataloging the many memorials and from Iowa (Mr. HARKIN), the Senator the Special Exposure Cohort under the com- permanent tributes to America’s vet- from Michigan (Mr. LEVIN), the Sen- pensation program established by that Act; erans. ator from North Dakota (Mr. DORGAN), to the Committee on Health, Education, the Senator from Pennsylvania (Mr. Labor, and Pensions. S. 1109 At the request of Mr. TALENT, the SANTORUM), the Senator from New Jer- f name of the Senator from Colorado sey (Mr. CORZINE), the Senator from SUBMISSION OF CONCURRENT AND (Mr. CAMPBELL) was added as a cospon- Oregon (Mr. SMITH), the Senator from SENATE RESOLUTIONS sor of S. 1109, a bill to provide New Hampshire (Mr. SUNUNU), the Sen- ator from Vermont (Mr. JEFFORDS) and The following concurrent resolutions $50,000,000,000 in new transportation infrastructure funding through Federal the Senator from South Dakota (Mr. and Senate resolutions were read, and JOHNSON) were added as cosponsors of referred (or acted upon), as indicated: bonding to empower States and local governments to complete significant S. 1786, a bill to revise and extend the By Mr. KENNEDY (for himself, Mr. infrastructure projects across all Community Services Block Grant Act, KERRY, Mr. REED, and Mr. CHAFEE): the Low-Income Home Energy Assist- S. Res. 295. A resolution congratulating the modes of transportation, including roads, rail, transit, aviation, and ance Act of 1981, and the Assets for New England Patriots on their victory in Independence Act. Super Bowl XXXVIII; considered and agreed water, and for other purposes. S. 1813 to. S. 1245 At the request of Mr. LEAHY, the At the request of Ms. COLLINS, the f names of the Senator from Louisiana name of the Senator from Connecticut (Ms. LANDRIEU), the Senator from ADDITIONAL COSPONSORS (Mr. DODD) was added as a cosponsor of North Carolina (Mr. EDWARDS) and the S. 700 S. 1245, a bill to provide for homeland Senator from South Dakota (Mr. JOHN- At the request of Mr. CAMPBELL, the security grant coordination and sim- SON) were added as cosponsors of S. name of the Senator from Mississippi plification, and for other purposes. 1813, a bill to prohibit profiteering and (Mr. COCHRAN) was added as a cospon- S. 1298 fraud relating to military action, re- sor of S. 700, a bill to provide for the At the request of Mr. AKAKA, the lief, and reconstruction efforts in Iraq, promotion of democracy, human name of the Senator from Rhode Island and for other purposes. rights, and rule of law in the Republic (Mr. REED) was added as a cosponsor of S. 1949 of Belarus and for the consolidation S. 1298, a bill to amend the Farm Secu- At the request of Mr. BIDEN, the and strengthening of Belarus sov- rity and Rural Investment Act of 2002 names of the Senator from Indiana ereignty and independence. to ensure the humane slaughter of non- (Mr. LUGAR) and the Senator from Mas- S. 741 ambulatory livestock, and for other sachusetts (Mr. KENNEDY) were added At the request of Mr. GREGG, the purposes. as cosponsors of S. 1949, a bill to estab- name of the Senator from Illinois (Mr. S. 1630 lish The Return of Talent Program to DURBIN) was added as a cosponsor of S. At the request of Mrs. CLINTON, the allow aliens who are legally present in 741, a bill to amend the Federal Food, name of the Senator from Minnesota the United States to return tempo- Drug, and Cosmetic Act with regard to (Mr. DAYTON) was added as a cosponsor rarily to the country of citizenship of new animal drugs, and for other pur- of S. 1630, a bill to facilitate nation- the alien if that country is engaged in poses. wide availability of 2–1–1 telephone post-conflict reconstruction, and for S. 874 service for information and referral other purposes. At the request of Mr. TALENT, the services, and for other purposes. S. 1999 name of the Senator from Maryland At the request of Mrs. DOLE, the At the request of Mr. DASCHLE, the (Ms. MIKULSKI) was added as a cospon- names of the Senator from Ohio (Mr. names of the Senator from Wisconsin sor of S. 874, a bill to amend title XIX DEWINE) and the Senator from Maine (Mr. FEINGOLD) and the Senator from of the Social Security Act to include (Ms. SNOWE) were added as cosponsors Delaware (Mr. CARPER) were added as primary and secondary preventative of S. 1630, supra. cosponsors of S. 1999, a bill to amend medical strategies for children and S. 1709 part D of title XVIII of the Social Se- adults with Sickle Cell Disease as med- At the request of Mr. CRAIG, the curity Act, as added by the Medicare ical assistance under the medicaid pro- name of the Senator from Connecticut Prescription Drug, Improvement, and gram, and for other purposes. (Mr. DODD) was added as a cosponsor of Modernization Act of 2003, to provide for negotiation of fair prices for medi- S. 894 S. 1709, a bill to amend the USA PA- care prescription drugs. At the request of Mrs. MURRAY, her TRIOT ACT to place reasonable limita- name was added as a cosponsor of S. tions on the use of surveillance and the S. RES. 170 894, a bill to require the Secretary of issuance of search warrants, and for At the request of Mr. DODD, the name of the Senator from New York (Mr. the Treasury to mint coins in com- other purposes. SCHUMER) was added as a cosponsor of memoration of the 230th Anniversary S. 1733 S. Res. 170, a resolution designating of the United States Marine Corps, and At the request of Mr. KOHL, the name the years 2004 and 2005 as ‘‘Years of to support construction of the Marine of the Senator from Delaware (Mr. Foreign Language Study’’. Corps Heritage Center. CARPER) was added as a cosponsor of S. S. RES. 292 S. 976 1733, a bill to authorize the Attorney At the request of Mr. FEINGOLD, his General to award grants to States to At the request of Mr. WARNER, the name was added as a cosponsor of S. develop and implement State court in- names of the Senator from Pennsyl- Res. 292, a resolution designating the terpreter programs. vania (Mr. SANTORUM), the Senator week beginning February 2, 2004, as from Connecticut (Mr. DODD), the Sen- S. 1784 ‘‘National School Counseling Week’’. ator from Oregon (Mr. WYDEN) and the At the request of Mrs. FEINSTEIN, the f Senator from Florida (Mr. NELSON) name of the Senator from South Da- were added as cosponsors of S. 976, a kota (Mr. JOHNSON) was added as a co- STATEMENTS ON INTRODUCED bill to provide for the issuance of a sponsor of S. 1784, a bill to eliminate BILLS AND JOINT RESOLUTIONS coin to commemorate the 400th anni- the safe-harbor exception for certain By Mr. DASCHLE (for Mr. LIE- versary of the Jamestown settlement. packaged pseudoephedrine products BERMAN (for himself, Mr. S. 1092 used in the manufacture of meth- MCCAIN, Mr. DASCHLE, Mr. DOR- At the request of Mr. CAMPBELL, the amphetamine. GAN, Mr. LAUTENBERG, Mr. name of the Senator from Alaska (Mr. S. 1786 CORZINE, Mr. GRAHAM of Flor- STEVENS) was added as a cosponsor of At the request of Mr. ALEXANDER, the ida, Mr. DURBIN, Mr. DODD, Ms. S. 1092, a bill to authorize the estab- names of the Senator from New York COLLINS, Mr. LOTT, Mr. GRAHAM lishment of a national database for (Mrs. CLINTON), the Senator from of South Carolina, and Mr. purposes of identifying, locating, and Vermont (Mr. LEAHY), the Senator HAGEL)):

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S372 CONGRESSIONAL RECORD — SENATE February 2, 2004 S. 2040. A bill to extend the date for may be an inadequate amount of time the relevant federal agencies have a the submittal of the final report of the to accomplish all that must be done. duty to develop new strategies and ca- National Commission on Terrorist At- They have called for a seven-and-a-half pabilities to deter and prevent future tacks Upon the United States, to pro- month extension so the Commission terrorist attacks, and expeditious re- vide additional funding for the Com- can conduct all the public hearings it porting by the Commission will help mission, and for other purposes; to the had originally intended to hold, so that enormously. Select Committee on Intelligence. it can conduct thorough reviews of the Major systemic problems have al- (At the request of Mr. DASCHLE, the President’s daily intelligence brief- ready surfaced, for example, that can following statement was ordered to be ings—a process barely underway—and point us in the right direction, or printed in the RECORD.) so that it has the time to deal with the maybe even an entirely new direction, Mr. LIEBERMAN. Mr. President, Administration’s anticipated objec- to address an array of vulnerabilities, today Senator MCCAIN and I are intro- tions to declassifying material in the particularly in our law enforcement ducing legislation to extend the life of final report. Indeed, the Commissioners and intelligence communities. Allow the National Commission on Terrorist I asked have confirmed that they can me to cite just a few examples from the Attacks Upon the United States so benefit from more than the minimum Commission’s work thus far to illus- that it can complete its critically im- two months requested. trate how many hands we will need, la- portant investigation into the causes I have therefore been convinced by boring in unison, to patch the breaches of the September 11th terrorist at- the families and the Commissioners that remain in America’s domestic se- tacks, which claimed the lives of near- that the extra time is necessary. But I curity: ly 3,000 innocent people. would also warn the Administration 1. An immigration official at Orlando Under legislation Senator MCCAIN that this extension is not an excuse to International Airport, Mr. Melendez- and I authored in December 2001 to cre- engage in additional dilatory tactics. Perez, testified that on August 4, 2001, ate the Commission, its final report I add this warning because the Bush he turned away and sent home a sus- was to have been completed by May 27, Administration has a long record of op- picious, unresponsive, and belligerent 2004. The Commission itself has asked posing this Commission and an equally Saudi national holding a one-way tick- for more time. So we are now proposing long record of making its work more et with no departure plans and insuffi- to extend that deadline until January difficult. Ever since Senator MCCAIN cient funds to stay in the U.S. and pur- 10, 2005 and to provide an additional $6 and I first joined forces on this issue, chase a ticket home. This individual million for the Commission to com- we have faced White House intran- claimed that he was to meet a friend at plete its work. Senator MCCAIN and I sigence. The President opposed the the airport but would not name the are grateful to the Minority Leader, Commission for 10 months until the eve friend. It turned out that one of the 9/ Senator DASCHLE, for joining us in this of a Senate vote he knew he would lose. 11 hijackers, Mohamed Atta, was at the effort. We are also happy to have the During final negotiations over the de- airport on that day. Amazingly, nei- support of Senators DORGAN, LAUTEN- tails of the legislation, the White ther the FBI nor anyone else from the BERG, CORZINE, GRAHAM, DURBIN, and House negotiated to keep the Commis- intelligence community has ever de- DODD. In the House, Representatives sion’s duration as short as possible, briefed Mr. Melendez-Perez, even FOSSELLA, SHAYS, HINCHEY and EMAN- rather than give it ample time to do a though the immigration inspector in- UEL are expected to introduce com- thorough job. formed the FBI of the incident imme- panion legislation this week, and we Once the Commission got underway, diately after the 9/11 terrorist attacks. welcome their support as well. the Administration hampered the Com- 2. The excellent performance of Mr. We want the Commission’s final re- mission’s progress through slow docu- Melendez-Perez demonstrated that a port to be as searching and complete as ment production and other stalling vigilant and well-trained officer can possible. We owe that to the memories tactics, limiting the Commission’s spot suspicious behavior in the course of the 3,000 victims and their families. ability to proceed expeditiously with of a routine interview. But the Com- And we owe it to the Nation as a whole. its investigation. Even now, the Ad- mission’s hearings and reports also re- In fact, our future security depends ministration is refusing to give the full vealed how infrequently that occurs. upon it. Commission notes, taken by members Government officials admitted in pub- George Washington once said we of the Commission, that describe key lic testimony that consular employees should look back ‘‘to derive useful les- White House documents. When one con- are not expected to screen for possible sons from past errors, and for the pur- siders the obstacles generated by the terrorists during interviews of visa ap- pose of profiting by dear-bought experi- White House, it is not in the least bit plicants, nor are they trained to do so. ence.’’ That is the precise mission of surprising that the Commission now The Commission discovered that many this Commission to better understand needs additional time to finish the job. of the hijackers had passports that what went wrong so we can prevent I would note, however, that this ex- were fraudulently altered or had other such a catastrophic attack from ever tension does not preclude the Commis- suspicious indicators, but between 1992 happening again. The Commission sim- sion from releasing interim reports, as and September 11, 2001, the federal gov- ply needs more time to do that. the original legislation establishing ernment had not attempted to dissemi- From the beginning, Senator MCCAIN the Commission allows. Furthermore, nate, to border security or other rel- and I have been motivated by the expe- the Commission is free to release its evant employees, available information rience of the families of victims of Sep- final report before the deadline, if it about the travel and passport practices tember 11. Above and beyond the grief has completed its work. The Commis- of Al Qaeda or other terrorist groups. of their losses, they have endured ter- sion’s hearings, questioning of wit- All of the hijackers’ visa applications rible pain in not knowing the whole ac- nesses, factual findings, and staff re- were incomplete, and several contained count of how something so horrific port issued last week proved exception- false statements that were easily iden- could have happened to them and those ally valuable in shedding light on some tifiable. The hijackers entered the they loved. It was a tribute to the of the causes of the terrorist attacks. United States, often more than once, power of the families’ message that our Future hearings and staff reports, no without incident, despite the fact that legislation creating the Commission doubt, will continue to provide impor- several of them had violated immigra- passed the Senate on September 24, tant new information about weak- tion law. Hijackers referred to sec- 2002, by a resounding vote of 90–8. And nesses in our defenses against ter- ondary inspections for more detailed it is a tribute to the enduring power of rorism. scrutiny were nevertheless admitted. their message that Senator MCCAIN Therefore, we encourage the Commis- 3. New information has been revealed and I are seeking this extension. sion to continue to release its findings about the abundant knowledge the in- Last week, the Commission asked and recommendations as they become telligence community had about three Congress for at least an additional 60 available, so that we can learn from of the 19 hijackers, who held a strategy days to finalize its interviews, hear- the mistakes of our past as quickly as session in Malaysia and were exten- ings, and report. The families, however, possible, and work harder to shore up sively tracked by U.S. and foreign in- expressed concern that two months existing vulnerabilities. Congress and telligence services. The story fleshed

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 2, 2004 CONGRESSIONAL RECORD — SENATE S373 out by the Commission underscores the SECTION 1. EXTENSION OF NATIONAL COMMIS- Democratic and Republican, Congress fact that not only did the government SION ON TERRORIST ATTACKS UPON and the White House—would quickly THE UNITED STATES. fail to share information that might (a) EXTENSION.—Section 610(b) of the Intel- agree to provide the commission what- have kept the terrorists out of the ligence Authorization Act for Fiscal Year ever it needs. country, but they also failed to share 2003 (Public Law 107–306; 6 U.S.C. 101 note; 116 Unfortunately, in the days imme- information that might have exposed Stat. 2413) is amended by striking ‘‘18 diately after the commissioners made the terrorists’ September 11th plot. months after the date of the enactment of their request, it became evident some That is why I have focused personal at- this Act’’ and inserting ‘‘January 10, 2005’’. parties may not believe the commis- (b) ADDITIONAL FUNDING.—Section 611 of tention on the Terrorist Threat Inte- that Act (6 U.S.C. 101 note; 116 Stat. 2413) is sion should be provided the time it gration Center and the Directorate for amended— needs to do what is required by law. Information Analysis and Infrastruc- (1) by redesignating subsection (b) as sub- Quoting from the New York Times on ture Protection at DHS to make sure section (c); January 28: that these new centers are receiving all (2) by inserting after subsection (a) the fol- The White House and Republican congres- intelligence information, mixing it to- lowing new subsection (b): sional leaders have said they see no need to gether with skilled and intense anal- ‘‘(b) ADDITIONAL FUNDING FROM THE NA- extend the congressionally mandated dead- ysis, and warning the relevant state, TIONAL FOREIGN INTELLIGENCE PROGRAM.—In line . . . and a spokesperson for Speaker J. addition to the amounts made available to local, and federal officials of emerging Dennis Hastert said . . . Mr. Hastert would the Commission under subsection (a), of the oppose any legislation to grant the exten- terrorist plots. amounts authorized to be appropriated by 4. All the evidence that consolidated sion. the Intelligence Authorization Act for Fiscal As unsettling as this position is, in watch lists might have prevented entry Year 2004 (Public Law 108–177) and available to some of the terrorists notwith- in the Department of Defense Appropriations hindsight, it should not be surprising standing, the watch lists still haven’t Act, 2004 (Public Law 108–87) for the National to those who have followed the history been consolidated despite numerous Foreign Intelligence Program, not more than of this commission. In the months im- Administration promises to do so. The $6,000,000 shall be available for transfer to mediately after the tragic events of Commission learned from the Federal the Commission for purposes of the activities September 11, 2001, President Bush and of the Commission under this title.’’; and Aviation Administration that, prior to Vice President CHENEY personally ap- (3) in subsection (c), as so redesignated, by pealed to me and to other Members of September 11th, the no-fly list created striking ‘‘subsection (a)’’ and inserting ‘‘this for the airlines had only 12–20 names on section’’. Congress not to establish a bipartisan blue ribbon commission. it, whereas the terrorist watch list at Mr. DASCHLE. Mr. President, the the State Department had tens of thou- Vice President CHENEY suggested to Democratic and Republican commis- me that creating such an effort could sands of terrorists’ names. We also sioners on the blue ribbon commission learned that the no-fly list and the detract from administration officials’ investigating the September 11, 2001 efforts to get the terrorists responsible. larger terrorist watch list are still not terrorist attacks reached an important equal in numbers and that there are Fortunately, neither the families of and bipartisan decision. They decided the victims of 9/11 nor the American still terrorists on the larger list who they needed more time—more time to might be permitted to fly if they evade people accepted this argument. They get access to the documents and people understood, and properly in my view, other detection. that can help us understand what hap- These disclosures demonstrate the that an independent investigation pened on that fateful day; more time to Commission is accomplishing its as- would enhance our efforts on the war analyze this information so they can signment, and so it must be allowed to on terror. help us identify which corrective meas- complete its investigation. I am cer- Far from endangering national secu- ures are needed to reduce the prospects tain the Commission will use the extra rity, an inquiry could actually help us for future 9/11s; in short, more time to months wisely to complete a thorough pinpoint and correct flaws in our secu- do what they are required to do by law. investigation, continue its public hear- rity and intelligence communities and I come to the floor today to talk ings, interview all relevant government identify the necessary corrective meas- briefly about my views on this commis- officials and complete a comprehensive ures. sion and its work, and to explain why I final report for release as soon as pos- Despite the fact that the idea of a have joined with Senators MCCAIN and sible. commission enjoyed the overwhelming It is a basic American principle that LIEBERMAN to offer legislation to give support of the families of the victims we must learn from the past in order to the commission the time needed to and of the American people, the admin- secure a better future. Our ability to complete its task and provide the fami- istration, and the House Republican counter, prevent, and defend against lies of the victims of 9/11 and all Ameri- leadership persisted in their efforts to the next terrorist attack on our home- cans with a complete and thorough re- see that this idea never took flight—in land depends in no small part on the port. some instances, at the same time they Commission’s ability to bring satisfac- The importance of this commission’s were publicly professing their support tory closure to its work. If we only work cannot be overstated. This inde- for the commission. give the Commission the time, re- pendent commission represents the last For example, on the same day the sources, and cooperation it deserves, and perhaps best hope for our Nation to White House spokesperson indicated the Commission’s full, fair, and un- understand how 19 individuals were President Bush supported the idea of a flinching assessment of what went able to execute the most deadly ter- commission, his negotiators were on wrong will be of immediate value to rorist attack on American soil in this Capitol Hill vetoing a congressional our national security. And it will be of Nation’s long history. agreement to establish one. lasting value to the American people, How did these terrorists get into this In October of 2002, the House and who will finally discover the unvar- country? What is the source of funding Senate Intelligence Committees an- nished truth. they used to carry out these activities? nounced they had reached a deal to in- I urge the Senate to approve this leg- How did the hijackers get themselves, clude language to establish the com- islation in a timely manner so that the and apparently knives and mace, past mission in the intelligence authoriza- victims’ families and the rest of Amer- airport security? How were they able tion bill. The next day, the deal col- ica may have some measure of peace. to hijack four aircraft and drive them lapsed and negotiators involved laid I ask unanimous consent that the to such a deadly end? Why could our the blame at the doorstep of the White text of the bill be printed in the intelligence community and policy- House and the House Republican lead- RECORD. makers not do more to prevent these ership. There being no objection, the bill was heinous acts? What can the Govern- According to the Washington Post, a ordered to be printed in the RECORD, as ment and individual citizens do in the senior Republican Senator said: follows: future to prevent similar attacks? The House Republican leadership weighed S. 2040 These are but some of the difficult in against [the deal] and the deal collapsed. Be it enacted by the Senate and House of Rep- questions the commission has to ad- . . . It is no secret that the White House resentatives of the United States of America in dress. Given the importance of their works through the House Republican leader- Congress assembled, task, one would think that all parties— ship.

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S374 CONGRESSIONAL RECORD — SENATE February 2, 2004 Again, the families of the victims mission, wisely in my view, to request stowing this honor upon this great and supporters of the commission were additional time. All of these reasons American. not deterred. In fact, this commission led me to join the families of the vic- would not exist were it not for the tims, as well as Senators MCCAIN and By Mrs. BOXER: dedicated efforts of the families of the LIEBERMAN, to conclude we must do ev- S. 2045. A bill to amend the Help victims. They pressed on, and in No- erything possible to meet their re- America Vote Act of 2002 to require a vember of 2002, they prevailed. quests. voter-verified permanent record or Congress passed the legislation cre- I hope those who have opposed the hardcopy under title III of such Act, ating the commission and the Presi- commission and its work in the past and for other purposes; to the Com- dent signed it into law. The commis- will step aside. I hope they will allow mittee on Rules and Administration. sion was given until May of 2004 to do us to provide the commission with the Mrs. BOXER. Mr. President, today I its work. We all knew at the time that time it needs to give the families and am introducing the Secure and this deadline was both arbitrary and America the report it deserves. Verifiable Electronic Voting Act of highly ambitious, given the scope of 2004. the work involved. Subsequent actions By Mr. SPECTER (for himself The 2000 presidential election ex- would make meeting this deadline im- and Mr. SANTORUM): posed a number of serious problems possible. S. 2043. A bill to designate a Federal with the accuracy and fairness of elec- The commission was immediately building in Harrisburg, Pennsylvania, tion procedures in this country, as well embroiled in controversy over the se- as the ‘‘Ronald Reagan Federal Build- as the reliability of certain types of lection and subsequent resignation of ing’’; to the Committee on Environ- voting technology. As a result of these Henry Kissinger, who the President se- ment and Public Works. irregularities, many eligible voters lected to chair its work. But the obsta- Mr. SPECTER. Mr. President, I have were effectively disenfranchised and cles placed in front of this commission sought recognition to introduce legis- thus deprived of one of their most fun- were just the beginning. In light of the lation, along with Senator SANTORUM, damental rights. This is not acceptable sensitive nature of much of the infor- to honor former President Ronald in a democracy such as ours. mation the commission would be exam- Reagan by naming the Federal Build- Our constituents demanded better ining, getting the commission high- ing and Courthouse in Harrisburg, PA, and we responded. level security clearances was the first in his name. In 2002, Congress passed the Help priority. President Ronald Reagan was a wa- America Vote Act (HAVA). This impor- However, for a variety of reasons, a tershed force in 20th Century history. tant legislation sets Federal minimum process that could have taken weeks He was a master diplomat and states- standards for voting systems, including stretched into months, thereby pre- man, largely responsible for winning requiring that the equipment used is venting the commissioners from exam- the Cold War. His summits with former reliable, accurate, and accessible to all. ining numerous important documents. Soviet leader Mikhail Gorbachev were It encourages the use of direct record- Then came open resistance from the tours de force of negotiation and ing electronic voting systems to re- Bush administration to commission re- stagecraft. He was called ‘‘the great place the outdated punch card and quests for access to documents and in- communicator’’ for good reason. He lever machines. It also requires that dividuals the commissioners deemed conveyed his message with power and voting systems provide voters the op- vital to their inquiry. The commission precision, often convincing even his portunity to correct errors and that quickly became bogged down in nego- staunchest opponents to see things his they produce a permanent record with tiations over which documents and in- way. His talents and his touch helped a manual audit capacity. dividuals it would have access to and rally a Democrat-controlled Congress However, HAVA does not go far under what terms and conditions. to support much of his legislative agen- enough. As we move our voting sys- Many agencies flat out refused to da, including bold fiscal reforms— tems into the 21st century, we need to provide access. Others insisted the ad- defying conventional wisdom that pre- ensure the greatest level of account- ministration minders be present when dicted more partisan stalemate. He ran ability possible. Voters need to have the commission questioned Govern- for President on the slogan ‘‘Morning confidence in the technology that ment employees. in America’’—and delivered. they’re using, and they need to be as- The commission was forced to resort President Reagan also took bold sured that their votes will be counted to subpoenas to obtain information steps on the social front. By transfer- exactly as they are cast. It is impera- from several Federal agencies, and ring power from Washington to the tive that any voting system certified press reports is actively considering States and cities, he showed that local by the Federal Government provides issuing others. governments can be laboratories for a these assurances. As recently as this past week, it was wide range of public-policy experi- In my home State of California, we reported that the administration is ments—with greater flexibility and are already using touch-screen voting still placing roadblocks in front of the sensitivity. The approach was in line machines in some areas—28 percent of commission’s vital work. Over the with his general push from big govern- the precincts by the March primary. weekend, it was disclosed that the ment toward individual liberty. But, these machines currently do not White House is refusing to allow the To some, Ronald Reagan’s greatest leave any paper trail and cannot be commission access to notes its own legacy was strengthening our national verified for complete accuracy. We members have taken on briefings re- defense. The Berlin Wall toppled, it need an electronic voting system that ceived by the President. seemed, directly from his call, ‘‘Mr. is modern, secure, and verifiable. The As a result of the administration’s Gorbachev, Tear Down This Wall!’’ The State of California is taking these repeated failure to cooperate fully and invasion of Grenada rescued American steps. Secretary of State Kevin Shelley immediately with the commission and students and resulted in the overthrow has required the use of voter-verified its important work, it has become in- of a Marxist government. His vision for paper audit trails and safety measures, creasingly clear that it cannot fulfill a national missile defense system is such as manufacturer security, local the immense task placed before it and leading to greater security for all of us. testing of machines, and random audits comply with the deadline imposed on President Reagan showed courage of system software. These practices it. and charisma, even in crisis. As he was need to be in place nationwide. In order to meet this deadline, com- about to undergo surgery to remove a My bill, the Secure and Verifiable missioners tell us they would have to bullet that lay an inch from his heart, Electronic Voting Act—the SAVE Vot- cut corners. Scheduled hearings would he told his wife, ‘‘Honey, I forgot to ing Act would require that a voter- have to be canceled. Interviews with duck.’’ The next morning, the Presi- verified paper trail for each vote cast key officials would have to be dent met with aides in his hospital be in place for the November 2004 elec- scrapped. Time to analyze their infor- room and signed a bill into law. tions. What that means is this: after an mation and write their report would be For these reasons and many more, I individual votes, he or she will have short. All of these reasons led the com- urge my colleagues to join us in be- the opportunity to review the vote on a

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 2, 2004 CONGRESSIONAL RECORD — SENATE S375 piece of paper, before it becomes part 111 Spreader Canal Project is just one ignating the existing SEC sites, the of the official record. If there is a dis- of the 60 component projects of CERP. EEOICPA set up a process to add addi- crepancy, the voter will have an oppor- The C–111 project will provide impor- tional sites to the SEC list provided tunity to change his or her vote before tant environmental benefits to the those sites meet certain criteria. it is recorded in the official record. Southern Glades and Model Lands and A Special Exposure Cohort (SEC) is This paper record will then be the offi- more natural sheet flow to Florida Bay comprised of a group of employees with cial permanent record used for any re- while maintaining flood protection for specific cancers who worked at four count or verification. surrounding agricultural and urban specific nuclear facilities or partici- The SAVE Voting Act would also cre- areas. pated in certain nuclear weapons tests, ate greater security standards by mak- I am also pleased to report that Con- and who met other requirements under ing sure that access to the software is gressman MARIO DIAZ-BALART, who rep- the EEOICPA. An SEC designation limited to approved personnel who resents the relevant congressional dis- would provide former workers at these have had background checks. It would trict, and Congressman JIM DAVIS will sites or their survivors with expedited require that any software used is not introduce a companion bill in the compensation as opposed to requiring transmitted over the Internet, that the House of Representatives. these workers to participate in the Election Assistance Commission cer- 2004 marks the beginning of the long, complex and cumbersome bureau- tifies any and all software used in vot- fourth year of CERP implementation cratic process known as dose recon- ing systems, and that the certified code and Everglades restoration. We have struction. be made available to the public for re- been hard at work getting through According to the National Institute view. These security measures help to phase one—the planning and organiza- of Occupational Safety and Health ensure, up front, that the electronic tional phase of such an historic and (NIOSH), there are two key statutory voting systems we use are safeguarded. monumental restoration project. We determinations required for adding a The SAVE Voting Act would ensure have now entered into phase two— class of employees to the SEC. The that a permanent paper record is truly, building the projects that will deliver first requirement is that it is not fea- a permanent paper record by banning water to the Everglades and revive the sible to estimate with sufficient accu- the use of thermal paper. Thermal dying ecosystem. As we continue to racy the radiation dose that the class paper has many flaws, including the make progress on what has always of employees received. The second re- potential to fade or receive unintended been a bipartisan and bicameral quirement is that there is a reasonable marks, making the vote illegible. project, I want to thank my colleagues likelihood that such a radiation dose Finally, recognizing the current for their support for the restoration of may have endangered the members of cashed-strapped plight of the States, America’s Everglades. I look forward this class. After extensive research, my legislation would provide imme- to our continued work together to which included several briefings with diate financial assistance to States to bring the River of Grass back to its NIOSH, the Department of Energy, help cover the cost of adding printers former glory as the crown jewel of the independent experts and former to electronic voting systems. national parks system. Mallinkrodt workers, I believe that In a democracy, the vote of every cit- there is strong evidence indicating that izen counts. We must make sure that By Mr. BOND: both statutory requirements for the every citizen’s vote is counted—and S. 2047. A bill to amend the Energy SEC have been met with regard to the counted accurately and fairly so that Employees Occupational Illness Com- Mallinkrodt Sites. the American people have confidence pensation Program Act of 2000 to in- In mid 2001, the Department of En- in the results. HAVA was a good first clude certain former nuclear weapons ergy (DOE) released a report indicating step. The SAVE Voting Act is the next program workers in the Special Expo- for the first time that the highly radio- step, and I encourage my colleagues to sure Cohort under the compensation active material plutonium was proc- join me in this effort. program established by that Act; to essed at the Weldon Springs Site. The the Committee on Health, Education, report also stated that recycled ura- By Mr. GRAHAM of Florida (for Labor, and Pensions. nium, another highly radioactive ma- himself and Mr. NELSON of Flor- Mr. BOND. Mr. President, I rise terial, was processed at the site. Fur- ida): today to introduce legislation that will thermore, in its recently completed S. 2046. A bill to authorize the ex- designate the former Mallinkrodt Nu- site profile for the St. Louis Downtown change of certain land in Everglades clear Production Facilities in Missouri Site, NIOSH admits that they have vir- National Park; to the Committee on as a Special Exposure Cohort (SEC) tually no records or monitoring data Energy and Natural Resources. under the Energy Employees Occupa- on the workers at the site prior to 1948. Mr. GRAHAM. Mr. President, I rise tional Illness Compensation Program NIOSH also stated that this could be a today to introduce a bill with my col- Act (EEOICPA) of 2000. These facilities, problem in calculating individual dose, league from Florida, Senator NELSON. which handled and processed highly ra- thus requiring some assumptions to be Our bill is non-controversial and will dioactive materials during the Cold made. allow the Department of the Interior War, are located in Downtown St. Both of the aforementioned issues, and the South Florida Water Manage- Louis, Weldon Springs in St. Charles the presence of plutonium and the loss ment District to perform a land ex- County, and Hematite in Jefferson or destruction of individual monitoring change for the purpose of constructing County, MO respectively. records were reasons for writing the the C–111 Spreader Canal Project under Energy workers at these sites han- four existing SEC sites into the origi- the Comprehensive Everglades Res- dled and processed highly radioactive nal EEOICPA. toration Plan, known as CERP. Both materials during the Cold War as part In addition to these issues, long the Department of the Interior and the of the Manhattan Project and our na- sought after documents from the State of Florida have approved the lan- tion’s ongoing Atomic Weapons Pro- former Chief Safety Officer for the guage of the bill, and Senator NELSON gram. The St. Louis Downtown or Atomic Energy Commission (AEC) dur- and I hope to expedite passage of the ‘‘Destrahan’’ Site operated from 1942 ing the time described the Mallinkrodt bill through the Energy and Natural through 1958. From there, operations St. Louis facility as one of the two Resources Committee and the full Sen- and most Mallinkrodt workers were worst plants with respect to worker ex- ate. moved out to the Weldon Springs Fa- posures. Workers at this plant were ex- CERP, which was authorized in the cility which operated until 1958. After posed to excessive levels of airborne Water Resources Development Act of that, work continued at the Hematite uranium dust relative to the standards 2000, is the framework that guides our Facility in Jefferson County until 1969. in effect during the time, and many efforts to restore America’s Ever- This legislation would add these fa- workers were exposed to as much as 200 glades. It consists of over 60 major cilities to the four existing Special Ex- times the preferred levels of exposure. projects that will restore Everglades posure Cohort (SEC) Sites across the NIOSH confirmed these intense levels National Park and other areas of the country, which were written into the at a recent presentation on the greater Everglades ecosystem. The C– original EEOICPA. In addition to des- Mallinkrodt-St. Louis Site Profile

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S376 CONGRESSIONAL RECORD — SENATE February 2, 2004 when it described the operations at airborne uranium dust relative to the stand- of the Department of Energy in effect on the this plant as a ‘‘messy’’ or ‘‘dirty’’ op- ards in effect during the time, and many date of enactment of this subparagraph eration in terms of levels of radio- workers were exposed to 200 times the pre- through the use of dosimetry badges for nuclides present. ferred levels of exposure; monitoring external radiation exposures, or (3)(A) the chief safety officer for the Atom- bioassays, in vivo monitoring, or breath Finally, NIOSH has informed claim- ic Energy Commission during the samples for internal radiation exposures, at ants who worked at these sites or their Mallinkrodt-St. Louis operations described a facility.’’. survivors that if they are not inter- the facility as 1 of the 2 worst plants with re- f viewed as a part of the dose reconstruc- spect to worker exposures; tion process, it would ‘‘hinder’’ (B) workers were excreting in excess of a SUBMITTED RESOLUTIONS NIOSH’s ability to conduct dose recon- milligram of uranium per day causing kid- struction for the claimant and may re- ney damage; and (C) a recent epidemiological study found SENATE RESOLUTION 295—CON- sult in a dose reconstruction that ‘‘in- excess levels of nephritis and kidney cancer GRATULATING THE NEW ENG- completely or inaccurately’’ estimates from inhalation of uranium dusts; LAND PATRIOTS ON THEIR VIC- the radiation dose to which the energy (4) the Department of Energy has admitted TORY IN SUPER BOWL XXXVIII employee named in the claim was ex- that those workers were subjected to risks posed. So NIOSH is basically saying and had their health endangered as a result Mr. KENNEDY (for himself, Mr. that they are relying on a former of working with these highly radioactive ma- KERRY, Mr. REED, and Mr. CHAFEE) sub- worker’s memory or any information a terials; mitted the following resolution; which (5) the Department of Energy reported that was considered and agreed to: survivor might have. What if the workers at the Weldon Springs feed mate- S. RES. 295 former worker cannot remember what rials plant handled plutonium and recycled he was exposed to or was never told? uranium, which are highly radioactive; Whereas, on Sunday, February 1, Adam What if the survivor has no idea as to (6) the National Institute of Occupational Vinatieri of the New England Patriots what materials the claimant might Safety and Health admits that— kicked the winning field goal with seven sec- (A) the operations at the St. Louis down- onds remaining in the game to defeat the have been exposed? Keep in mind. Most Carolina Panthers by the score of 32–29 in of this happened anywhere from 40–60 town site consisted of intense periods of processing extremely high levels of radio Super Bowl XXXVIII in Houston, Texas; years ago. nuclides; and Whereas this victory is the second Super All of the previously mentioned (B) the Institute has virtually no personal Bowl championship won by the Patriots in points are evidence that the health of monitoring data for workers prior to 1948; the past three years; these workers was endangered and that (7) the National Institute of Occupational Whereas quarterback Tom Brady led the an accurate dose reconstruction is not Safety and Health has informed claimants Patriots to victory in both those years, and was named Super Bowl Most Valuable Player feasible. Therefore, I believe that the and their survivors at those 3 sites that if they are not interviewed as a part of the in both years; Mallinkrodt sites in Missouri should be Whereas both of the Super Bowl victories dose reconstruction process, it— designated as a Special Exposure Co- were earned by the Patriots in the final sec- (A) would hinder the ability of the Insti- onds of the game on a field goal by Mr. hort. tute to conduct dose reconstruction for the To make matters even worse, the De- claimant; and Vinatieri; Whereas the Patriots tied an NFL record partment of Health and Human Serv- (B) may result in a dose reconstruction by winning 15 consecutive games in the re- ices first published the Notice of Pro- that incompletely or inaccurately estimates cent season; the radiation dose to which the energy em- posed Rulemaking (NPRM) concerning Whereas Patriots Head Coach Bill ployee named in the claim had been exposed; the Special Exposure Cohort on June Belichick and Assistant Coaches Romeo (8) the Department of Health and Human 25, 2002, and as of today, January 27, Crennel and Charlie Weiss brilliantly created Services published the first notice of pro- successful game plans throughout the sea- 2004, this rule has yet to be finalized. posed rulemaking concerning the Special Ex- son, and Mr. Belichick was named the Coach Many of these former Mallinkrodt posure Cohort on June 25, 2002, and as of Jan- of the Year in the National Football League; workers have died while waiting for the uary 27, 2004, the rule has yet to be finalized; Whereas extraordinary efforts by other Pa- proposed SEC rule to be finalized, in- and triots players including Deion Branch, Troy (9) many of those former workers have died cluding some claimants who were wait- Brown, David Givens, Ty Law, Willie while waiting for the proposed rule to be fi- ing for dose reconstruction to be start- McGinest, Richard Seymour, Antowain nalized, including some claimants who were ed or completed. Smith, Mike Vrabel, and Ted Washington waiting for dose reconstruction to be com- This is simply unacceptable! The also contributed to the Super Bowl victory; pleted. EEOICPA was intended to provide long Whereas the New England Patriots offen- SEC. 2. DEFINITION OF MEMBER OF THE SPECIAL overdue compensation to these workers sive linemen, Matt Light, Joe Andruzzi, Dan EXPOSURE COHORT. Koppen, Russ Hochstein, and Tom Ashworth within a reasonable period of time. Section 3621(14) of the Energy Employees deserve great credit for protecting quarter- Occupational Illness Compensation Program These brave workers answered the call back Tom Brady and for allowing no sacks of Act of 2000 (42 U.S.C. 7384l(14)) is amended— and helped our nation win the Cold the quarterback in the Super Bowl game or (1) by redesignating subparagraph (C) as War. It is now time for our nation to in any of the other games in the post-season subparagraph (D); and help them and provide them with the playoffs; and (2) by inserting after subparagraph (B) the Whereas Patriots owner Bob Kraft deserves immediate compensation that they de- following: great credit for his strong support of the serve. ‘‘(C) The employee was so employed for a team, and for his acknowledgement that the I ask unanimous consent that the number of work days aggregating at least 45 Super Bowl victory would not have been pos- text of the bill be printed in the workdays at a facility operated under con- sible without the strong support of the mil- tract to the Department of Energy by RECORD. lions of fans from New England. There being no objection, the bill was Mallinkrodt Incorporated or its successors Resolved, that the Senate of the United ordered to be printed in the RECORD, as (including the St. Louis downtown or States congratulates the New England Patri- follows: ‘Destrahan’ facility during any of calendar ots on winning Super Bowl XXXVIII. years 1942 through 1958, the Weldon Springs S. 2047 feed materials plant facility during any of f Be it enacted by the Senate and House of Rep- calendar years 1958 through 1966, and the NOTICES OF HEARINGS/MEETINGS resentatives of the United States of America in Hematite facility during any of calendar Congress assembled, years 1958 through 1969), and during the em- COMMITTEE ON INDIAN AFFAIRS SECTION 1. FINDINGS. ployment— Mr. CAMPBELL. Mr. President, I Congress finds that— ‘‘(i)(I) was monitored through the use of would like to announce that the Com- (1) energy workers at the former dosimetry badges for exposure at the plant of mittee on Indian Affairs will meet on Mallinkrodt facilities (including the St. the external parts of an employee’s body to Wednesday, February 4, 2004, at 9:30 Louis downtown facility, the Weldon Springs radiation; or a.m. in Room 485 of the Russell Senate facility, and the Hematite facility) were ex- ‘‘(II) was monitored through the use of bio- Office Building to conduct a hearing on posed to levels of radio nuclides and radio- assays, in vivo monitoring, or breath sam- active materials that were much greater ples for exposure at the plant to traternal ra- the President’s Fiscal Year 2005 Budget than the current maximum allowable Fed- diation; or Request. eral standards; ‘‘(ii) worked in a job that had exposures Those wishing additional information (2) the Mallinkrodt workers at the St. comparable to a job that is monitored, or may contact the Indian Affairs Com- Louis site were exposed to excessive levels of should have been monitored, under standards mittee at 224–2251.

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 2, 2004 CONGRESSIONAL RECORD — SENATE S377 SUBCOMMITTEE ON NATIONAL PARKS The hearing will be held on Thurs- The legislative clerk read as follows: Mr. THOMAS. Mr. President, I would day, February 12, at 2:30 p.m. in Room A resolution (S. Res. 295) congratulating like to announce for the information of SD–366 of the Dirksen Senate Office the New England Patriots on their victory in the Senate and the public that the fol- Building. Super Bowl XXXVIII. lowing hearing has been scheduled be- The purpose of the hearing is to re- There being no objection, the Senate fore the Subcommittee on National ceive testimony on S. 1421, to authorize proceeded to consider the resolution. Parks of the Committee on Energy and the subdivision and dedication of re- (At the request of Mr. DASCHLE, the Natural Resources: stricted land owned by Alaska Natives; following statement was ordered to be The hearing will be held on Thurs- S. 1466, to facilitate the transfer of printed in the RECORD.) day, February 5, 2004, at 2:30 p.m. in land in the State of Alaska, and for ∑ Mr. KERRY. Mr. President, backed room SD–366 of the Dirksen Senate Of- other purposes; S. 1649, to designate the by the heartiest fans in the world, the fice Building in Washington, DC. Ojito Wilderness Study Area as wilder- New England Patriots are once again The purpose of the hearing is to re- ness, to take certain land into trust for the greatest football team in the Na- ceive testimony on the following bills: the Pueblo of Zia, and for other pur- H.R. 1446 and S. 1306, to support the ef- poses; and S. 1910, to direct the Sec- tion. I want to join so many others in forts of the California Missions Foun- retary of Agriculture to carry out an commending the Patriots for their dation to restore and repair the Span- inventory and management program marvelous and miraculous season, in ish colonial and mission-era missions for forests derived from public domain which the team overcame injuries and in the State of California and to pre- land. a slow start to end up with a fifteen- serve the artworks and artifacts of Because of the limited time available game winning streak and a second these missions, and for other purposes; for the hearing, witnesses may testify Super Bowl championship in three and H.R. 1521, to provide for additional by invitation only. However, those years. From the wise stewardship of lands to be included within the bound- wishing to submit written testimony Bob Kraft and Bill Belichick to the ary of the Johnstown Flood National for the hearing record should send two Tom Brady-led offense and the Ty Law- memorial in the State of Pennsylvania, copies of their testimony to the Com- led defense, the Patriots are a team in and for other purposes. mittee on Energy and Natural Re- the fullest sense of the word. Congratu- Because of the limited time available sources, United States Senate, Wash- lations also to the Carolina Panthers, for the hearings, witnesses may testify ington, DC 20510–6150. who mad Super Bowl XXXVIII one of by invitation only. However, those For further information, please con- the most memorable season-ending wishing to submit written testimony tact Dick Bouts 202–224–7545. games in U.S. professional sports his- for the hearing record should send two ∑ f tory. copies of their testimony to the Com- (At the request of Mr. DASCHLE, the mittee on Energy and Natural Re- AUTHORITY FOR COMMITTEES TO following statement was ordered to be sources, United States Senate, SD–364 MEET printed in the RECORD.) Dirksen Senate Office Building, Wash- COMMITTEE ON FINANCE ∑ Mr. REED. Mr. President, on Feb- ington, DC 20510–6150. Mr. INHOFE. Mr. President, I ask ruary 1, 2004, the New England Patriots For further information, please con- unanimous consent that the Com- defeated the Carolina Panthers, 32–29 tact Tom Lillie at (202) 224–5161 or Pete mittee on Finance be authorized to in what has been already called one of Lucero at (202) 224–6293. meet in open Executive Session during the most exciting Super Bowls of all PERMANENT SUBCOMMITTEE ON INVESTIGATIONS the session on Monday, February 2, time. I commend the Patriots players, Mr. COLEMAN. Mr. President, I 2004; to reconsider, pursuant to a unan- coaches and management for a thrill- would like to announce for the infor- imous consent agreement on October 1, ing victory. These Patriots have been a mation of the Senate and the public 2003 the Chairman’s Mark entitled, Na- testament to successful teamwork, set- that the Permanent Subcommittee on tional Employee Savings and Trust Eq- ting a wonderful example of self-sac- Investigations of the Committee on uity Guarantee Act. The Committee rifice and unity, and showing us all Governmental Affairs will hold a hear- will also consider a Chairman’s Mark what is possible when we work to- ing entitled ‘‘DOD Contractors Who entitled, Extension of Highway Trust gether, believe in each other, and col- Cheat on Their Taxes and What Should Fund Provisions; and, S. 882, the Tax laborate for the greater good. The Pa- Be Done About It.’’ The Subcommit- Administration Good Government Act tee’s hearings will examine Depart- triots’ embodiment of the team con- of 2004. ment of Defense (DOD) contractors who cept was needed to overcome the tena- The PRESIDING OFFICER. Without cious Carolina Panthers, who came are abusing the Federal tax system by objection, it is so ordered. either failing to file tax returns or not back again and again in a spectacular paying their taxes. A recently com- f effort. pleted General Accounting Office re- PRIVILEGE OF THE FLOOR The hard-earned victory in Super Bowl XXXVIII, the second in 3 years view of DOD contractors found that Mr. INHOFE. Madam President, I ask for the Patriots, was also their 15th 27,100 contractors owed $3 billion in unanimous consent to grant floor privi- consecutive win, putting the team in back taxes. The purpose of the hearing leges to the following fellows for the elite company as one of the greatest is to identify the corrective actions duration of floor consideration of the teams in NFL history. Amazingly, once that can be taken to ensure that DOD bill: again the New England region, and in- contractors pay the taxes they owe the Gregory Murrill, Heideh Shahmoradi, deed, the entire country, were held on Federal Government. Laura Berry, Mitch Surrett, John the edge of their seats as the Patriots The hearings will take place on Stoody, Wendy Parker, and William kicker, Adam Vinatieri, won the game Thursday, February 12, 2004, at 9:30 Boyd. a.m., in Room 342 of the Dirksen Sen- The PRESIDING OFFICER. Without on a last second field goal. Indeed, ate Office Building. For further infor- objection, it is so ordered. Vinatieri has been a friend to my home mation, please contact Raymond V. State of Rhode Island, active in the f Shepherd, III, Staff Director and Chief Rhode Island Coalition Against Domes- Counsel to the Permanent Sub- CONGRATULATING THE NEW tic Violence, D.A.R.E., and as a spokes- committee on Investigations, at 224– ENGLAND PATRIOTS person for the Blue Cross & Blue Shield 3721. Mr. ALEXANDER. Mr. President, on of Rhode Island’s Teen Anti-Smoking SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS behalf of the leader, I ask unanimous Contest. Mr. CRAIG. Mr. President, I would consent that the Senate proceed to the This Patriots team was led all season like to announce for the information of immediate consideration of S. Res. 295, by their coach, Bill Belichick, who has the Senate and the public that a hear- submitted earlier today by Senators masterminded victory after victory by ing has been scheduled before the Sub- KENNEDY, KERRY, REED, and CHAFEE. stressing preparation, team work and committee on Public Lands and For- The PRESIDING OFFICER. The adaptation. In the championship game ests for the Committee on Energy and clerk will report the resolution by the Patriots defense, arguably the Natural Resources. title. team’s best asset, was led by Ty Law,

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S378 CONGRESSIONAL RECORD — SENATE February 2, 2004 Mike Vrabel, Tedy Bruschi and the vet- Brown, David Givens, Ty Law, Willie Whereas personal and social growth results eran Willie McGinest. Vrabel was par- McGinest, Richard Seymour, Antowain in increased academic achievement; ticularly impressive as an ‘‘Ironman’’ Smith, Mike Vrabel, and Ted Washington Whereas school counselors help develop well-rounded students by guiding them playing on the offense and scoring a also contributed to the Super Bowl victory; Whereas the New England Patriots offen- through their academic, personal, social, and touchdown. sive linemen, Matt Light, Joe Andruzzi, Dan career development; The Patriots offense was led by the Koppen, Russ Hochstein, and Tom Ashworth Whereas school counselors were instru- Super Bowl MVP Tom Brady who time deserve great credit for protecting quarter- mental in helping students, teachers, and after time led his team back until fi- back Tom Brady and for allowing no sacks of parents deal with the trauma of terrorism nally placing them in position to win. the quarterback in the Super Bowl game or inflicted on the United States on September Brady was helped on offense by clutch in any of the other games in the post-season 11, 2001, and its aftermath; Whereas students face myriad challenges performances from Troy Brown, Deion playoffs; and Whereas Patriots owner Bob Kraft deserves every day, including peer pressure, depres- Branch, Kevin Faulk and Antowain sion, and school violence; Smith. Ultimately it was the Patriots great credit for his strong support of the team, and for his acknowledgement that the Whereas school counselors are usually the only professionals in a school building that offense, cool under the pressure, that Super Bowl victory would not have been pos- are trained in both education and mental brought them a hard earned victory. sible without the strong support of the mil- health; Let me also acknowledge a Rhode Is- lions of fans from New England. Whereas the roles and responsibilities of land native on the New England team. Resolved, That the Senate of the United school counselors are often misunderstood, States congratulates the New England Patri- A former Boston College standout, run- and the school counselor position is often ning back Mike Cloud, was an impor- ots on winning Super Bowl XXXVIII. among the first to be eliminated in order to tant part of the Patriots’ winning sea- f meet budgetary constraints; son, scoring five touchdown and mak- Whereas the national average ratio of stu- ing critical plays. Cloud is a former NATIONAL SCHOOL COUNSELING dents to school counselors of 485 to 1 is more Rhode Island Player of the Year and WEEK than double the 250 to 1 ratio recommended long before he helped the Patriots win by the American School Counselor Associa- tion, the American Counseling Association, their second Super Bowl, he helped lead the American Medical Association, the Portsmouth High School to three con- NATIONAL MENTORING MONTH American Psychological Association, and secutive Rhode Island Class A Cham- Mr. ALEXANDER. Mr. President, I other organizations; and pionships. I am proud that he has had Whereas the celebration of ‘‘National ask unanimous consent that the Judi- the opportunity to represent our State School Counseling Week’’ would increase ciary Committee be discharged en bloc and play an important role in this vic- awareness of the important and necessary from further consideration of S. Res. tory. role school counselors play in the lives of the 292 and S. Res. 294, and that the Senate Nation’s students: Now, therefore, be it Once again, my congratulations to proceed to their consideration en bloc. Resolved, the New England Patriots and their The PRESIDING OFFICER. Without SECTION 1. DESIGNATION OF NATIONAL SCHOOL fans on their Super Bowl victory. ∑ objection, it is so ordered. COUNSELING WEEK. Mr. ALEXANDER. Mr. President, I (a) SENSE OF THE SENATE.—It is the sense The clerk will report the resolutions ask unanimous consent that the reso- of the Senate that the President should des- by title. lution and preamble be agreed to en ignate the week beginning February 2, 2004, bloc; that the motion to reconsider be The legislative clerk read as follows: as ‘‘National School Counseling Week’’. laid upon the table, with no inter- A resolution (S. Res. 292) designating the (b) PROCLAMATION.—The Senate requests week beginning February 2, 2004, as National the President to issue a proclamation— vening action or debate; and that any (1) designating the week beginning Feb- statements relating to the resolution School Counseling Week. A resolution (S. Res. 294) designating Janu- ruary 2, 2004, as ‘‘National School Counseling be printed in the RECORD. ary 2004 as National Mentoring Month. Week’’; and The PRESIDING OFFICER. Without (2) calling on the people of the United objection, it is so ordered. There being no objection, the Senate States and interested groups to observe the The resolution (S. Res. 295) was proceeded to consider the resolutions. week with appropriate ceremonies and activities that promote awareness of the role agreed to. Mr. ALEXANDER. Mr. President, I school counselors perform within the school The preamble was agreed to. ask unanimous consent that the resolutions and preambles be agreed to en and the community at large to prepare stu- The resolution, with its preamble, dents for fulfilling lives as contributing reads as follows: bloc, the motions to reconsider be laid members of society. upon the table en bloc and that any S. RES. 295 statements relating thereto be printed S. RES. 294 Whereas, on Sunday, February 1, Adam in the RECORD, the above occurring Whereas mentoring is a strategy for moti- Vinatieri of the New England Patriots with no intervening action or debate, kicked the winning field goal with seven sec- vating and helping young people succeed in onds remaining in the game to defeat the with the consideration of these items life, by bringing them together in structured Carolina Panthers by the score of 32–29 in appearing separately in the RECORD. and trusting relationships with caring adults Super Bowl XXXVIII in Houston, Texas; The PRESIDING OFFICER. Without who provide guidance, support, and encouragement; Whereas this victory is the second Super objection, it is so ordered. Whereas mentoring offers a supportive en- Bowl championship won by the Patriots in The resolutions (S. Res. 292 and S. vironment in which young people can grow, the past three years; Res. 294) were agreed to. expand their vision, learn necessary skills, Whereas quarterback Tom Brady led the The preambles were agreed to. and achieve a future that the young people Patriots to victory in both those years, and never thought possible; was named Super Bowl Most Valuable Player The resolutions, with their preambles, read as follows: Whereas a growing body of research shows in both years; that mentoring benefits young people in nu- Whereas both of the Super Bowl victories S. RES. 292 merous ways, through improvements in were earned by the Patriots in the final sec- Whereas the American School Counselor school performance and attendance, self-con- onds of the game on a field goal by Mr. Association has declared the week beginning fidence, attitudes and relationships with Vinatieri; February 2, 2004, as ‘‘National School Coun- adults, and motivation to reach their poten- Whereas the Patriots tied an NFL record seling Week’’; tial; by winning 15 consecutive games in the re- Whereas the Senate has recognized the im- Whereas mentoring is an adaptable, flexi- cent season; portance of school counseling through the ble approach that can be tailored to focus on Whereas Patriots Head Coach Bill inclusion of elementary and secondary helping young people with academics, social Belichick and Assistant Coaches Romeo school counseling programs in the reauthor- skills, career preparation, or leadership de- Crennel and Charlie Wiess brilliantly created ization of the Elementary and Secondary velopment; successful game plans throughout the sea- Education Act of 1965; Whereas over 15,000,000 young people in son, and Mr. Belicheck was named the Coach Whereas school counselors have long advo- this Nation still need mentors, falling into a of the Year in the National Football League; cated that the American education system ‘‘mentoring gap’’; Whereas extraordinary efforts by other Pa- must leave no child behind and must provide Whereas mentoring relies principally on triots players including Deion Branch, Troy opportunities for every student; volunteer mentors, so mentoring programs

VerDate Mar 15 2010 21:41 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\2004SENATE\S02FE4.REC S02FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 2, 2004 CONGRESSIONAL RECORD — SENATE S379 must recruit even more volunteers in order and patient exposure to radiation lev- S. 1879 to expand their program to help more young els varied widely. The quality of mam- Be it enacted by the Senate and House of Rep- people; mography equipment was poor. Physi- resentatives of the United States of America in Whereas, in an effort to begin closing the cians and technologists were poorly Congress assembled, mentoring gap, this year Congress has sig- SECTION 1. SHORT TITLE. nificantly increased Federal grant funding trained. Inspections were lacking. This Act may be cited as the ‘‘Mammog- for local mentoring organizations to MQSA set Federal safety and quality raphy Quality Standards Reauthorization $100,000,000; assurance standards for mammography Act of 2003’’. Whereas the recipients of these grants and facilities for: personnel, including doc- other entities carrying out mentoring pro- SEC. 2. TEMPORARY RENEWAL AND LIMITED tors who interpret mammograms; PROVISIONAL CERTIFICATE. grams all across the country will need an in- equipment; and operating procedures. Section 354 of the Public Health Service flux of volunteers to meet the growing de- Act (42 U.S.C. 263b) is amended— mand for mentoring; By creating national standards, Con- (1) in subsection (b)(1)— Whereas nonprofit groups and leading gress helped make mammograms a (A) in subparagraph (A)— media companies have joined together to more reliable tool for detecting breast (i) in the matter preceding clause (i), by in- designate January 2004 as National Men- cancer. In 1998, Congress improved serting ‘‘or a temporary renewal certificate’’ toring Month to recruit more mentors for MQSA by giving information on test after ‘‘certificate’’; and young people; and results directly to the women being (ii) in clause (i), by striking ‘‘subsection Whereas the month-long celebration of tested, so no woman falls through the (c)(1)’’ and inserting ‘‘paragraphs (1) or (2) of mentoring will encourage more adults to vol- cracks because she never learns about subsection (c)’’; unteer their time as mentors for young peo- (B) in subparagraph (B)— ple and enlist the involvement of nonprofit a suspicious finding on her mammo- (i) in the matter preceding clause (i), by in- organizations, schools, businesses, faith com- gram. Now it is time to renew MQSA serting ‘‘or a limited provisional certificate’’ munities, and government agencies in the and lay the foundation to strengthen it after ‘‘certificate’’; and mentoring movement: Now, therefore, be it even further. (ii) in clause (i), by striking ‘‘subsection Resolved, That the Senate— The bill passed by the Senate today (c)(2)’’ and inserting ‘‘paragraphs (3) and (4) (1)(A) designates the month of January will extend MQSA for 2-years. This 2- of subsection (c)’’; and 2004 as ‘‘National Mentoring Month’’; and (C) in the flush matter at the end, by strik- (B) requests that the President issue a year reauthorization of MQSA is im- ing ‘‘provisional certificate’’ and inserting proclamation calling on the people of the portant. It will give Congress an oppor- ‘‘temporary renewal certificate, provisional United States and interested groups to ob- tunity to consider in the next reau- certificate, or a limited provisional certifi- serve the month with appropriate cere- thorization expert recommendations cate’’; and monies and activities that promote aware- from an Institute of Medicine, IOM, (2) in subsection (c)— ness of and volunteer involvement with men- study and a General Accounting Office, (A) by redesignating paragraph (2) as para- toring; GAO, report on several issues related graph (4); and (2) praises individuals who are already giv- to MQSA. I have been working with the (B) by inserting after paragraph (1) the fol- ing their time to mentor young people; and lowing: (3) supports efforts to recruit more adults Labor, Health and Human Services, ‘‘(2) TEMPORARY RENEWAL CERTIFICATE.— as mentors, in an effort to close the Nation’s HHS, and Education Appropriations The Secretary may issue a temporary re- mentoring gap. Subcommittee to get these studies underway. The IOM study was included in newal certificate, for a period of not to ex- f ceed 45 days, to a facility seeking reaccredi- the fiscal year 2004 omnibus appropria- tation if the accreditation body has issued MAMMOGRAPHY QUALITY STAND- tions bill. The HELP Committee also ARDS REAUTHORIZATION ACT OF an accreditation extension, for a period of heard testimony in support of a 2 year not to exceed 45 days, for any of the fol- 2003 reauthorization at its hearing last year lowing: Mr. ALEXANDER. Mr. President, on on MQSA. ‘‘(A) The facility has submitted the re- behalf of the leader, I ask unanimous This legislation is also supported by quired materials to the accreditation body within the established time frames for the consent that the Senate proceed to the groups including the American Cancer immediate consideration of Calendar submission of such materials but the accred- Society, the Susan G. Komen Breast itation body is unable to complete the re- No. 424, S. 1879, relating to mammog- Cancer Foundation, the National Alli- accreditation process before the certification raphy quality standards. ance of Breast Cancer Organizations, expires. The PRESIDING OFFICER. The Y-ME National Breast Cancer Organi- ‘‘(B) The facility has acquired additional or clerk will report the bill by title. zation, and the American College of replacement equipment, or has had signifi- The legislative clerk read as follows: Radiology Association. cant personnel changes or other unforeseen situations that have caused the facility to be A bill (S. 1879) to amend the Public Health I thank Senators GREGG and KEN- Service Act to revise and extend provisions unable to meet reaccreditation timeframes, NEDY for their support and help in mov- relating to mammography quality standards. but in the opinion of the accreditation body ing this legislation through the Senate. have not compromised the quality of mam- There being no objection, the Senate I hope that the House will move quick- mography. proceeded to consider the bill. ly to pass this important bill. It is esti- ‘‘(3) LIMITED PROVISIONAL CERTIFICATE.— Ms. MIKULSKI. Mr. President, I am mated that over 217,400 new cases of The Secretary may, upon the request of an pleased that today the Senate will pass breast cancer will be diagnosed and accreditation body, issue a limited provi- the Mammography Quality Standards sional certificate to an entity to enable the over 40,500 breast cancer deaths will entity to conduct examinations for edu- Reauthorization Act of 2003, S. 1879. I occur in the United States this year. am pleased to be sponsoring this bill cational purposes while an onsite visit from Early detection and treatment are im- an accreditation body is in progress. Such with Senator ENSIGN and our bipar- portant to reducing breast cancer certificate shall be valid only during the tisan cosponsors. This important bill is deaths. Congress should pass this bill time the site visit team from the accredita- about saving lives. That’s what the to reauthorize MQSA and extend this tion body is physically in the facility, and in Mammography Quality Standards Act valuable program that helps save the no case shall be valid for longer than 72 (MQSA) does. Accurate mammograms lives of women and men with breast hours. The issuance of a certificate under this paragraph, shall not preclude the entity detect breast cancer early, so women cancer. can get treatment and be survivors. from qualifying for a provisional certificate Mammography is not perfect, but it Mr. ALEXANDER. On behalf of the under paragraph (4).’’. is the best screening tool we have now. leader, I ask unanimous consent that SEC. 3. AUTHORIZATION OF APPROPRIATIONS. I authored MQSA over 10 years ago to the bill be read a third time and Subparagraphs (A) and (B) of section passed, the motion to reconsider be 354(r)(2) of the Public Health Service Act (42 improve the quality of mammograms U.S.C. 263b(r)(2)(A) and (B)) are amended by so that they are safe and accurate. Be- laid upon the table and that any statements relating to the bill be printed in striking ‘‘2002’’ each place it appears and in- fore MQSA became law, there was an serting ‘‘2005’’. the RECORD. uneven and conflicting patchwork of f standards for mammography in this The PRESIDING OFFICER. Without country. There were no national qual- objection, it is so ordered. APPOINTMENT ity standards for personnel or equip- The bill (S. 1879) was read the third The PRESIDING OFFICER. The ment. Image quality of mammograms time and passed, as follows: Chair, on behalf of the majority leader,

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TERRI J. REUSCH, 0000 pursuant to Public Law 108–132, Sec- I hope everyone understands that we CASSANDRA R. SALVATORE, 0000 tion 128, appoints the following indi- have just a short period of time to JUDITH SCHAFFER, 0000 ANGELA L. THOMPSON, 0000 vidual to the Commission on Review of complete this bill and that everyone FRANK B. THORNBURG III, 0000 Overseas Military Facility Structure of will come forward if they have some FLORENCE A. VALLEY, 0000 the United States: Major General problems with the bill, and if they THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Lewis E. Curtis III, USAF (Retired). want to change it some way, they can TO THE GRADE INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 624: f move on it as quickly as possible. To be colonel ORDERS FOR TUESDAY, f EDWARD ACEVEDO, 0000 FEBRUARY 3, 2004 PAUL C. ACKERMAN, 0000 ADJOURNMENT UNTIL 9:45 A.M. DARRELL E. ADAMS, 0000 Mr. ALEXANDER. Mr. President, on DELANE A. ABANG AGUILAR, 0000 TOMORROW FRANK ALBANESE, 0000 behalf of the leader, I ask unanimous RENITA D. ALEXANDER, 0000 Mr. ALEXANDER. Mr. President, if consent that when the Senate com- KEITH R. ALLFORD, 0000 there is no further business to come be- JOHN V. ALLISON JR., 0000 pletes its business today, it adjourn DAVID W. ALLVIN, 0000 fore the Senate, I ask unanimous con- until 9:45 a.m., Tuesday, February 3. I MARK B. ALSID, 0000 sent that the Senate stand in adjourn- TRACY A. AMOS, 0000 further ask that following the prayer CRAIGEN B. ANDERSON, 0000 and pledge, the morning hour be ment under the previous order. WARREN M. ANDERSON, 0000 There being no objection, the Senate, JEFFERY S. ANTES, 0000 deemed expired, the Journal of pro- JAMES H. APPLEYARD JR., 0000 ceedings be approved to date, the time at 6:57 p.m., adjourned until Tuesday, MICHAEL G. ARCHULETA, 0000 February 3, 2004, at 9:45 a.m. MATTHEW H. ARENS, 0000 for the two leaders be reserved for their JONATHAN A. ARNOLD, 0000 f STEVE ASHER, 0000 use later in the day, and the Senate BALAN R. AYYAR, 0000 then conduct a period of morning busi- MICHAEL R. BABCOCK, 0000 NOMINATIONS DONALD J. BACON, 0000 ness until 10:30 a.m., with 30 minutes MARK A. BAGGETT, 0000 under the control of Senator GRAHAM Executive nominations received by PENNY H. BAILEY, 0000 the Senate February 2, 2004: JEFFREY A. BAKER, 0000 of Florida and the remaining time MARK A. BAKER, 0000 under the control of the majority lead- NATIONAL INSTITUTE OF BUILDING SCIENCES SID P. BANKS, 0000 er. JAMES L. BAREFIELD II, 0000 WILLIAM HARDIMAN, OF MICHIGAN, TO BE A MEMBER WILLIAM R. BARRETT, 0000 I further ask that the Senate stand in OF THE BOARD OF DIRECTORS OF THE NATIONAL INSTI- BRYAN D. BARTELS, 0000 recess from 12:30 until 2:15 p.m. for the TUTE OF BUILDING SCIENCES FOR A TERM EXPIRING WILLIAM L. BASSETT, 0000 SEPTEMBER 7, 2006, VICE H. TERRY RASCO, TERM EX- JAMES B. BEARDEN, 0000 weekly party luncheons. PIRED. ROBERT A. BEARDSLEE, 0000 The PRESIDING OFFICER. Without DEPARTMENT OF THE INTERIOR KRISTIN D. BEASELY, 0000 JOSEPH D. BECKER, 0000 objection, it is so ordered. SUE ELLEN WOOLDRIDGE, OF VIRGINIA, TO BE SOLIC- MICHAEL G. BEDARD, 0000 f ITOR OF THE DEPARTMENT OF THE INTERIOR, VICE WIL- ERIC A. BEENE, 0000 LIAM GERRY MYERS III, RESIGNED. DAVID C. BENDALL, 0000 PROGRAM ALLEN J. BENEFIELD, 0000 NATIONAL INSTITUTE FOR LITERACY DONALD H. BERCHOFF, 0000 Mr. ALEXANDER. On behalf of the WILLIAM T. HILLER, OF OHIO, TO BE A MEMBER OF THE ROBERT J. BERTINO, 0000 leader, for the information of all Sen- NATIONAL INSTITUTE FOR LITERACY ADVISORY BOARD ERIC H. BEST, 0000 FOR A TERM EXPIRING NOVEMBER 25, 2006. (REAPPOINT- SANDRA R. BIGNELL, 0000 ators, tomorrow, at 10:30 a.m., the Sen- MENT) GUILLERMO A. BIRMINGHAM, 0000 ate will begin consideration of S. 1072, JUAN R. OLIVAREZ, OF MICHIGAN, TO BE A MEMBER OF DOUGLAS S. BLACK, 0000 THE NATIONAL INSTITUTE FOR LITERACY ADVISORY FRANCINE BLACKMON, 0000 the highway bill. The bill managers BOARD FOR A TERM EXPIRING NOVEMBER 25, 2006. (RE- RUSSELL J. BLAINE, 0000 APPOINTMENT) DARRYL W. BLAN, 0000 will be here at 10:30 tomorrow morning, ANDREW P. BOERLAGE, 0000 ready to work through opening state- UNITED STATES INSTITUTE OF PEACE TIMOTHY L. BOONE, 0000 DAMON K. BOOTH, 0000 ments and to begin the amendment MARIA OTERO, OF THE DISTRICT OF COLUMBIA, TO BE ANN L. BORGMANN, 0000 process. Votes are possible during to- A MEMBER OF THE BOARD OF DIRECTORS OF THE PHILIP A. BOSSERT JR., 0000 UNITED STATES INSTITUTE OF PEACE FOR A TERM EX- GREGORY T. BOYETTE, 0000 morrow’s session. PIRING JANUARY 19, 2007. (REAPPOINTMENT) ROBERT K. BOYLES, 0000 Mr. REID. Mr. President, if my friend NATIONAL INSTITUTE FOR LITERACY PHILIP G. BRADLEY, 0000 WILLIAM S. BRADSHAW, 0000 will yield, the opening statements have RICHARD KENNETH WAGNER, OF FLORIDA, TO BE A TONJA M. BRICKHOUSE, 0000 been pretty well completed. Senator MEMBER OF THE NATIONAL INSTITUTE FOR LITERACY HARRY BRIESMASTER III, 0000 INHOFE has given one, I have given one, BOARD FOR A TERM EXPIRING NOVEMBER 25, 2006, VICE ROBERT E. BRODERICK, 0000 ROBIN MORRIS, TERM EXPIRED. CHARLES Q. BROWN JR., 0000 Senator JEFFORDS has given one, and SCOTT A. BRUMBAUGH, 0000 UNITED STATES PAROLE COMMISSION Senator BOND. We are the ones moving DAVID J. BUCK, 0000 ISAAC FULWOOD, JR., OF THE DISTRICT OF COLUMBIA, TIMOTHY S. BURKE, 0000 this bill through the Senate. TO BE A COMMISSIONER OF THE UNITED STATES PAROLE GREGORY J. BURNS, 0000 I hope everyone within the sound of COMMISSION FOR A TERM OF SIX YEARS, VICE MICHAEL MICHAEL T. BYRNE, 0000 JOHNSTON GAINES, RESIGNED. NELSON CABOT JR., 0000 our voices will understand, if people EDWARD A. CABRERA, 0000 have statements that should be given IN THE AIR FORCE DAVID M. CALLIS, 0000 MARIANO C. CAMPOS JR., 0000 on the bill, they should come forward THE FOLLOWING OFFICERS FOR APPOINTMENT TO THE NEAL R. CARBAUGH, 0000 and give them. Otherwise, I hope those GRADE INDICATED IN THE UNITED STATES AIR FORCE PATRICK T. CAREY, 0000 UNDER TITLE 10, U.S.C., SECTION 624: TIMOTHY S. CASHDOLLAR, 0000 with amendments can come forward To be colonel MICHAEL D. CASSIDY, 0000 and offer amendments. SEAN P. CASSIDY, 0000 DWIGHT R. BRASWELL, 0000 DEVIN L. CATE, 0000 I say to the Senate that we have a JAMES N. CUTTER, 0000 SHEILA G. CHEWNING, 0000 relatively short period of time to finish JEFFREY G. GUILD, 0000 LARRY J. CHODZKO, 0000 GERALD A. HOUGE, 0000 BRENDAN G. CLARE, 0000 this bill. It is a very big bill, $255 bil- BOBBY V. PAGE, 0000 GREGORY C. CLARK, 0000 lion, but the majority leader and the HOWARD D. STENDAHL, 0000 PAUL J. CLARK, 0000 KAREN H. STOCKS, 0000 HARRY W. CONLEY, 0000 minority leader have indicated that we PATRICIA K. COOMBER, 0000 have only this week and next week to THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHRISTOF P. CORDES, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR JERRY R. COUICK, 0000 complete this most important legisla- FORCE UNDER TITLE 10, U.S.C., SECTION 624: MARK C. CREWS, 0000 tion. To be colonel DENNIS M. CRIMIEL, 0000 I say through the Chair to the distin- THOMAS A. CRISTLER, 0000 PAUL N. AUSTIN, 0000 CLINTON E. CROSIER, 0000 guished acting majority leader, for- ELIZABETH J. BRIDGES, 0000 VINCENT F. DANGELO, 0000 merly Governor of one of the very big LORRIE J. CAPPELLINO, 0000 JOHN M. DAVIDSON, 0000 KIMBERLY S. COX, 0000 JOHN R. DECKNICK, 0000 States population-wise in our country, NANCY A. DEZELL, 0000 GODFRED N. DEMANDANTE, 0000 Tennessee—a Governor understands KONNIE M. DOYLE, 0000 JAMES C. DENDIS, 0000 NORMAN J. FORBES, 0000 STEPHEN T. DENKER, 0000 more than anyone else, I believe, the KATHRYN E. HALL, 0000 LEE K. DEPALO, 0000 importance of these highway moneys SUSAN R. HALL, 0000 JEFFREY L. DERRICK, 0000 JOANNE HENKENIUSKIRSCHBAUM, 0000 LLOYD D. DESERISY, 0000 and what they mean to a State—if we HARVEY K. HILLIARD, 0000 NICHOLAS L. DESPORT, 0000 don’t finish this now and have to go to BARBARA JEFTS, 0000 JAMES E. DETEMPLE, 0000 THOMAS F. LANGSTON, 0000 DEBRA A. DEXTER, 0000 another year-long bill, it totally inter- SOLEDAD LINDOMOON, 0000 ANTHONY R. DOMINICE, 0000 feres with the ability of the highway THERESE M. NEELY, 0000 MATTHEW P. DONOVAN, 0000 JULIA E. NELSON, 0000 KENNETH R. DORNER, 0000 planners to do their work. JOEL D. RAY, 0000 DANIEL C. DOTY, 0000

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EDDIE G. DOUGLAS, 0000 MICHAEL W. LAMB SR., 0000 STUART M. RODGERS, 0000 ROBERT E. DULONG, 0000 ROBIN MIYOSHI LANDRY, 0000 EUGENE A. ROHL, 0000 THOMAS J. DUPRE, 0000 MARK C. LANE, 0000 MICHAEL L. ROLLISON, 0000 ELIZABETH M. DURHAMRUIZ, 0000 GLENN A. LANG, 0000 JON A. ROOP, 0000 WALTER B. EADY, 0000 DAVID H. LANGAN, 0000 MICHAEL G. ROSAS, 0000 DOMENICK M. EANNIELLO, 0000 DENNIS LARM, 0000 JAN L. ROSKO, 0000 GREGORY B. EDWARDS, 0000 PAUL L. LAUGESEN, 0000 SCOTT L. RUMPH, 0000 DAVID C. EISENSTADT, 0000 WALTER H. LEACH, 0000 JOHN H. RUSH, 0000 HAROLD A. ELKINS, 0000 GORDON K. LEE, 0000 ANTHONY J. RUSSO, 0000 ARNEL B. ENRIQUEZ, 0000 MARK A. LEE, 0000 TIMOTHY L. SAFFOLD, 0000 WILLIAM L. ERIKSON, 0000 TIMOTHY F. LINDEMANN, 0000 HENRY P. SANDERS, 0000 JOHN L. EUNICE III, 0000 VICTOR E. LOFTON, 0000 JAMES P. SAVOY, 0000 LYMAN A. FAITH, 0000 MADELINE F. LOPEZ, 0000 WALTER E. SCALES JR., 0000 ROBERT L. FANT, 0000 ALVIN M. LOWRY JR., 0000 RICHARD A. SCHIANO, 0000 KEITH P. FEAGA, 0000 DOUGLAS W. LUHRSEN, 0000 MARCEL T. SCHMIDT, 0000 MICHAEL A. FERNANDEZ, 0000 TIMOTHY E. LYNN, 0000 RAYTHEON K. SCOTT, 0000 BERNARD P. FERRIS JR., 0000 JOHN F. MABE, 0000 ROBERT J. SCOTT, 0000 TERESA L. FITZPATRICK, 0000 STUART W. MABERRY, 0000 BRADLEY A. SEIPEL, 0000 KEVIN A. FOLEY, 0000 SALLY D. MACON, 0000 STEVEN G. SEROKA, 0000 WAYNE C. FOOTE, 0000 MERRILY D. MADERO, 0000 STEVI A. SHAPIRO, 0000 DEWEY G. FORD, 0000 BRUCE H. MAGOON, 0000 JAMES W. SHAW, 0000 KEVIN A. FORD, 0000 WILLIAM A. MALEC, 0000 STEVEN M. SHEPRO, 0000 MICHAEL E. FORTNEY, 0000 TIMOTHY R. MALINSKI, 0000 MICHAEL R. SHOULTS, 0000 ANTHONY A. FOTI, 0000 JAMES F. MARTIN JR., 0000 JAY B. SILVERIA, 0000 KURT R. FOX, 0000 JERRY P. MARTINEZ, 0000 DAVID A. SIMON, 0000 GEOFREY A. FRAZIER, 0000 JOHN B. MARTINS, 0000 MARK E. SIMPSON, 0000 ROBERT S. FREDELL, 0000 MICHAEL C. MATTEI, 0000 JOSEPH M. SKAJA JR., 0000 PHILLIP R. FREDERICK, 0000 PETER M. MAUNZ, 0000 MICHAEL J. SMIETANA, 0000 JOHN M. FYFE, 0000 DENNIS O. MAY, 0000 JAMES E. SMITH III, 0000 CARLA H. GAMMON, 0000 EDWARD J. MCALLISTER III, 0000 JEFFREY B. SMITH, 0000 ANDREA M. GARDNERINCE, 0000 MARK S. MCALPINE, 0000 JEFFREY S. SMITH, 0000 STEVEN H. GAWLER, 0000 JOHN M. MCBRIEN, 0000 JOHN R. SMITH, 0000 MICHAEL L. GERMAN, 0000 WARREN J. MCCHESNEY JR., 0000 KEVIN C. SMITH, 0000 RONALD J. GEVRY, 0000 RICHARD A. MCCLAIN, 0000 MICHELE G. SMITH, 0000 THOMAS B. GIATTINO, 0000 SAMUEL J. MCCRAW, 0000 PHILIP A. SMITH, 0000 MICHAEL K. GIBSON, 0000 JEFFREY R. MCDANIELS, 0000 STEPHEN A. SMITH, 0000 ROBERT D. GIBSON, 0000 JOHN W. MCDONALD, 0000 WILLIAM C. SMITH JR., 0000 SCOTT K. GIBSON III, 0000 DONALD W. MCGEE, 0000 BRADLEY D. SPACY, 0000 MARY M. GILLAM, 0000 PAUL H. MCGILLICUDDY, 0000 WILLIAM L. SPACY II, 0000 SCOTT E. GILSON, 0000 MARK T. MCKENZIE, 0000 RICHARD S. STAPP, 0000 BILLY J. GILSTRAP JR., 0000 MICHAEL E. MCKINNEY, 0000 WAYNE E. STILES, 0000 THERESA GIORLANDO, 0000 MARK C. MCLAUGHLIN, 0000 ROBERT L. STINE JR., 0000 AMANDA W. GLADNEY, 0000 THOMAS C. MCMULLEN, 0000 TIMOTHY W. STRAWTHER, 0000 DONALD L. GLEASON, 0000 ROBERT D. MCMURRAY JR., 0000 ROBERT L. SWALE, 0000 BRYAN P. GLYNN, 0000 JOHNNY MCQUEEN, 0000 ROCKY A. SWEARENGIN, 0000 JOHN J. GOMEZ, 0000 JOHN M. MEEK, 0000 ROGER W. TEAGUE, 0000 GROVER M. GOSSETT, 0000 JAMES J. MERCER, 0000 CHRISTOPHER J. THELEN, 0000 MICHAEL J. GRAHAM, 0000 JOHN E. MICHEL, 0000 LINDA M. THOMAS, 0000 DANIEL P. GRENIER, 0000 DOUGLAS W. MILLER, 0000 ROBERT D. THOMAS, 0000 STEPHEN J. GRIFFIN, 0000 RONALD K. MILLER, 0000 PRESTON B. THOMPSON, 0000 STEVEN L. GROENHEIM, 0000 LISTON B. MOBLEY JR., 0000 WADE J. THOMPSON, 0000 JAMES J. HAMMES III, 0000 MATTHEW H. MOLLOY, 0000 LEWIS R. THRASHER JR., 0000 JAMES D. HARDEN, 0000 KEITH W. MONCRIEF, 0000 KENNETH E. TODOROV, 0000 ANTHONY L. HARDIN, 0000 JAY A. MOODY, 0000 JOHN J. TORRES, 0000 WILLIAM J. HARDING, 0000 FREDERICK W. MOONEY, 0000 MICHAEL I. TRAPP, 0000 JEFFREY D. HARKER, 0000 CHRISTOPHER L. MOORE, 0000 DOUGLAS E. TROYER, 0000 STEVEN B. HARRISON, 0000 JEFFREY A. MORAGNE, 0000 JEFFREY S. TURCOTTE, 0000 DANA R. HARTLE, 0000 ROBERT E. MORIARTY, 0000 RICHARD D. TURNER, 0000 BRETT D. HASWELL, 0000 WILLIAM S. MOSLEY, 0000 DUSTIN A. TYSON, 0000 STEPHEN M. HASWELL, 0000 WILLIAM M. MULLINS, 0000 WILKINS F. URQUHART II, 0000 KELLY P. HAZEL, 0000 JOHN D. MURPHY, 0000 LINDA URRUTIAVARHALL, 0000 LERNES J. HEBERT, 0000 MICHAEL K. MYERS, 0000 RICKY T. VALENTINE, 0000 GARY N. HENRY, 0000 RICHARD T. NAYLOR, 0000 ELISE M. VANDER VENNET, 0000 THOMAS N. HENSON, 0000 KERMIT D. NEAL, 0000 GREGORY J. VANSUCH, 0000 ALBERT HILL, JR., 0000 ERIC G. NELSON, 0000 MARY A. VEHR, 0000 JEFFERY HILL, 0000 EVERETTE S. NEWTON, 0000 THOMAS E. VEREB, 0000 MICHAEL J. HIRKA, 0000 MARK M. NICKSON, 0000 MARK C. VLAHOS, 0000 WILLIAM A. HITE, 0000 MICHAEL J. NIEZGODA, 0000 KENNETH V. VOLMERT, 0000 PATRICIA D. HOFFMAN, 0000 DAVID W. NORSWORTHY, 0000 VICTOR E. WAGER III, 0000 JOE L. HOGLER, 0000 JOHN B. NORTON JR., 0000 RICHARD J. WALBERG, 0000 MICHAEL D. HOLBERT, 0000 MARK C. NOWLAND, 0000 RUSSELL K. WALDEN, 0000 ARNOLD W. HOLCOMB, 0000 ERIK L. NUTLEY, 0000 REX J. WALHEIM, 0000 JOSEPH L. HOLLETT, 0000 MICHAEL E. OBOYLE, 0000 SCOTT G. WALKER, 0000 JAMES C. HOLLINGSWORTH, 0000 MARC S. OKYEN, 0000 JACQUELINE S. WALSH, 0000 BRUCE E. HOLLYWOOD, 0000 DAVID C. OMEARA, 0000 JEFFREY W. WANDREY, 0000 RICHARD J. HORAN, 0000 PEDRO R. OMS, 0000 MARK E. WARE, 0000 JOHN P. HORNER, 0000 JAMES ONEAL JR., 0000 RONALD L. WARNER JR., 0000 JAMES C. HORTON, 0000 DAVID L. ORR, 0000 WILLIAM C. WATKINS, 0000 JEFFERY A. HOSKEN, 0000 GARY A. PACKARD JR., 0000 MARYANN P. WATSON, 0000 MICHAEL P. HOWE, 0000 SUSAN T. PARDO, 0000 PAUL C. WAUGH, 0000 HAL V. HOXIE, 0000 MOHSEN PARHIZKAR, 0000 MARSHALL B. WEBB, 0000 PETER C. HUNT, 0000 JUDY F. PERRY, 0000 STEVEN D. WERT, 0000 CHARLES R. HUNTER, 0000 RANDY J. PETYAK, 0000 RICHARD L. WESCHE, 0000 MICHAEL W. HUTCHISON, 0000 MICHAEL E. PHELPS, 0000 RICHARD S. WILCOX, 0000 CHARLES K. HYDE, 0000 THOMAS G. PHILIPKOSKY, 0000 MARK A. WILKINS, 0000 JOHN H. IDE, 0000 MICHAEL D. PHILLIPS, 0000 IRA D. WILLIAMS JR., 0000 RICHARD A. INGALSBE, 0000 TRACY A. PHILLIPS, 0000 STEVEN W. WILLS, 0000 MARK E. ISRAELITT, 0000 JENNIFER LYNN PICKETT, 0000 GERALD W. WIRSIG, 0000 DEAN C. JACKSON, 0000 EDWARD PIEKARCZYK, 0000 JOHN B. WISSLER, 0000 RICHARD S. JACKSON, 0000 RICHARD P. PIERCE, 0000 JEFFREY S. WOOLSTON, 0000 GORDON J. JACOBS, 0000 MICHAEL T. PLEHN, 0000 THOMAS G. WOZNIAK, 0000 DENNIS L. JASINSKI, 0000 JAMES R. PLOTT, 0000 JONATHAN C. WRIGHT, 0000 RONALD P. JENKINS, 0000 GERALD P. PLOURDE, 0000 PAUL D. WUEBOLD, 0000 KIM M. JOHNSON, 0000 STEPHEN C. PLUNTZE, 0000 LEE O. WYATT, 0000 MICHAEL R. JOHNSON, 0000 MARGARET B. POORE, 0000 RONALD M. YAKKEL, 0000 LARRY D. JONES, 0000 JOHN P. POWELL, 0000 KEITH F. YAKTUS, 0000 THOMAS M. JONES JR., 0000 LYLE D. POWELL, 0000 JOHN D. ZAZWORSKY JR., 0000 SETH M. JUNKINS, 0000 JAMES R. PULLIAM, 0000 ALBERT P. ZELENAK JR., 0000 RICHARD D. JUSTICE JR., 0000 THOMAS D. QUASNEY, 0000 SCOTT J. ZOBRIST, 0000 CHRISTOPHER A. KAPELLAS, 0000 LORI L. RAMIREZ, 0000 JAMES D. KEELS JR., 0000 MICHAEL K. RANGER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DONALD R. KELLY, 0000 JAMES M. RATTI, 0000 TO THE GRADE INDICATED ION THE UNITED STATES AIR JAMES M. KELLY, 0000 FRANCIS J. RECHNER, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: MARK D. KELLY, 0000 JACK L. REIMANN, 0000 To be colonel STEVEN S. KEMPF, 0000 ROCKFORD J. REINERS, 0000 KEVIN G. KERSH, 0000 GARY O. RENFROW, 0000 MARK L. ALLRED, 0000 KENNETH KESKEL, 0000 MICHAEL D. RETALLICK, 0000 THOMAS G. CROSSAN JR., 0000 KEVIN J. KILB, 0000 CHARLES R. RICE, 0000 WILLIAM A. DRUSCHEL, 0000 RICHARD A. KLUMPP JR., 0000 HAROLD H. RICE, 0000 RONALD A. GREGORY, 0000 TERRY T. KONO, 0000 DERRICK M. RICHARDSON, 0000 TIMOTHY A. GUIDEN, 0000 MICHAEL F. KORCHECK, 0000 MARIE Y. RIGOTTI, 0000 DEAH T. HAGMAIER, 0000 RANDALL J. KOSINSKI, 0000 JOHN S. RIORDAN, 0000 KAREN J. KINLIN, 0000 MERRICK E. KRAUSE, 0000 BYRON H. RISNER, 0000 CARLOS L. MCDADE, 0000 JOHN T. KREGER IV, 0000 JOHN R. ROBERTS, 0000 MAURA THERESA MCGOWAN, 0000 JAY M. KREIGHBAUM, 0000 RANDY R. ROBERTS, 0000 URSULA P. MOUL, 0000 JOHN J. KUSNIEREK, 0000 WILLIAM E. ROBERTS III, 0000 NANCY S. RICHARDS, 0000 SAM M. KYLE JR., 0000 KENNETH L. ROBINSON, 0000 JEFFREY A. ROCKWELL, 0000

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FLOYD M. RUSSELL III, 0000 NEOMA J. WHITE, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., JAMES C. SINWELL, 0000 NOEL L. WOODWARD, 0000 SECTION 624: ANTHONY L. STEADMAN, 0000 DANIEL M. VADNAIS, 0000 IN THE MARINE CORPS To be major DAVID C. WESLEY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BARR D. YOUNKER JR., 0000 RICHARD D. BEDFORD, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- JAMES D. MC COY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR TO THE GRADE INDICATED IN THE UNITED STATES AIR To be major FORCE UNDER TITLE 10, U.S.C., SECTION 624: APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., To be colonel RANDY M. ADAIR, 0000 MARK F. BIRK, 0000 SECTION 624: BRENDA R. BULLARD, 0000 DAVID M. ELLIS, 0000 To be major DENISE L. BURTON, 0000 KENNETH L. KELSAY, 0000 MICHAEL T. CULHANE, 0000 KIRKLAND P. MARTIN JR., 0000 SAMUEL E. DAVIS, 0000 LINDA L. EBLING, 0000 ANDREW N. SULLIVAN, 0000 SCOTT D. FRANCOIS, 0000 JOHN M. KORLASKE, 0000 CHARLES B. SPENCER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DEBORAH L. LARY, 0000 DAVID H. STEPHENS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- TIMOTHY R. MCCORMICK, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: CLARA L. NIELSEN, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR JOHN C. SELL, 0000 To be major APPOINTMENT TO THE GRADE INDICATED IN THE IVAN L. SHERARD, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., KELLY A. WING, 0000 JOSE GONZALEZ, 0000 SECTION 624: THOMAS E. YINGST, 0000 EARL E. NASH, 0000 ROGER W. SCAMBLER, 0000 To be major IN THE ARMY JEFFREY G. YOUNG, 0000 DONALD L. BOHANNON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR TO THE GRADE INDICATED IN THE UNITED STATES MA- APPOINTMENT TO THE GRADE INDICATED IN THE JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: U.S.C., SECTION 624 AND 3064: UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: To be lieutenant colonel To be major EDWIN N. LLANTOS, 0000 To be major JAMES R. AGAR II, 0000 MANUEL RANGEL JR., 0000 JANE E. BAGWELL, 0000 PETER D. CHARBONEAU, 0000 STEVEN J. SKIRNICK, 0000 RANDALL J. BAGWELL, 0000 RODNEY W. CLAYTON, 0000 MATTHEW E. SUTTON, 0000 MICHAEL R. BLACK, 0000 STEVEN R. FREDEEN, 0000 EUGENE E. BOWEN JR., 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BERNARD J. GRIMES, 0000 STEVEN M. BRODSKY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- ROBERT L. HANOVICH, 0000 JOHN P. CARRELL, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: THOMAS MC MILLAN, 0000 LARSS G. CELTNIEKS, 0000 JOHN A. TANINECZ, 0000 DAVID K. DALITION, 0000 To be major THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR DOUGLAS M. DEPEPPE, 0000 THOMAS E. BLAKE, 0000 THERESA A. GALLAGHER, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE STEVE K. BRAUND, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., TYLER J. HARDER, 0000 JAMES A. GRIFFITHS, 0000 CHARLOTTE R. HERRING, 0000 SECTION 624: DALE N. JOHNSON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be major FRANCIS P. KING, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- CARL W. KUHN, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: JOHN M. BISHOP, 0000 MICHAEL O. LACEY, 0000 CARL F. DAVIS, 0000 DANIEL A. LAURETANO, 0000 To be major DAVID R. GEHRLEIN, 0000 STEPHEN J. LUND, 0000 GERALD A. CUMMINGS, 0000 PHILIP W. GRAHAM, 0000 MICHAEL R. LUTTON, 0000 KEITH E. ENYART, 0000 CARLTON D. HAGANS, 0000 TIMOTHY C. MACDONNELL, 0000 JOHN M. MC KEON, 0000 JEFFREY P. RUPPERT, 0000 MARK D. MAXWELL, 0000 SCOTT E. SCHECHTER, 0000 MICHAEL J. MCHUGH, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR TIM J. SCHROEDER, 0000 THOMAS C. MODESZTO, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE SCOTT A. SHARP, 0000 FRANKLIN D. RAAB, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., JOSEPH G. SINESE, 0000 MISTI E. RAWLES, 0000 SECTION 624: JEFFREY W. SMITH, 0000 JAMES H. ROBINETTE II, 0000 To be major PAUL T. SALUSSOLIA, 0000 THE JUDICIARY RALPH J. TREMAGLIO III, 0000 PAUL J. SMITH, 0000 DEAN VLAHOPOULOS, 0000 RAYMOND L. FINCH, OF THE VIRGIN ISLANDS, TO BE STEVEN B. WEIR, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR JUDGE FOR THE DISTRICT COURT OF THE VIRGIN IS- JOHN B. WELLS III, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE LANDS FOR A TERM OF TEN YEARS. (REAPPOINTMENT)

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SENATE COMMITTEE MEETINGS Energy and Natural Resources Energy and Natural Resources Title IV of Senate Resolution 4, Public Lands and Forests Subcommittee National Parks Subcommittee To hold hearings to examine S. 1354, to To hold hearings to examine S. 1306 and agreed to by the Senate on February 4, resolve certain conveyances and pro- H.R. 1446, bills to introduce the efforts 1977, calls for establishment of a sys- vide for alternative land selections of the California Missions Foundation tem for a computerized schedule of all under the Alaska Native Claims Settle- to restore and repair the Spanish colo- meetings and hearings of Senate comment Act related to Cape Fox Corpora- nial and mission-era missions in the mittees, subcommittees, joint commit- tion and Sealaska Corporation, S. 1575, State of California and to preserve the tees, and committees of conference. to direct the Secretary of Agriculture artworks and artifacts of these mis- This title requires all such committees to sell certain parcels of Federal land sions, and H.R. 1521, to provide for ad- to notify the Office of the Senate Daily in Carson City and Douglas County, ditional lands to be included within the boundary of the Johnstown Flood Na- Digest—designated by the Rules Com- Nevada, H.R. 1092, to direct the Sec- retary of Agriculture to sell certain tional Memorial in the State of Penn- mittee—of the time, place, and purpose sylvania. of the meetings, when scheduled, and parcels of Federal land in Carson City and Douglas County, Nevada, S. 1778, to SD–366 any cancellations or changes in the authorize a land conveyance between meetings as they occur. the United State and the City of Craig, FEBRUARY 9 As an additional procedure along Alaska, S. 1819, to direct the Secretary 10 a.m. with the computerization of this infor- of Agriculture to convey certain land Governmental Affairs mation, the Office of the Senate Daily to Lander County, Nevada, and the To hold hearings to examine the Depart- Digest will prepare this information for Secretary of the Interior to convey cer- ment of Homeland Security’s budget printing in the Extensions of Remarks tain land to Eureka County, Nevada, for fiscal year 2005. section of the CONGRESSIONAL RECORD for continued use as cemeteries, and SD–342 on Monday and Wednesday of each H.R. 272, to direct the Secretary of Ag- FEBRUARY 10 week. riculture to convey certain land to Meetings scheduled for Tuesday, Feb- Lander County, Nevada, and the Sec- 9:30 a.m. ruary 3, 2004 may be found in the Daily retary of the Interior to convey certain Armed Services land to Eureka County, Nevada, for To resume hearings to examine the De- Digest of today’s RECORD. continued use as cemeteries. fense Authorization request for Fiscal MEETINGS SCHEDULED SD–366 Year 2005 and the future years defense 3 p.m. program. FEBRUARY 4 Commerce, Science, and Transportation SR–325 Science, Technology, and Space Sub- 10 a.m. 9 a.m. Energy and Natural Resources Foreign Relations committee To hold hearings to examine Mars explo- To hold hearings to examine the Presi- To hold hearings to examine AIDS and dent’s proposed fiscal year 2005 budget hunger. ration. SR–253 for the Department of Energy. SH–216 SD–366 9:30 a.m. FEBRUARY 5 2 p.m. Energy and Natural Resources Veterans’ Affairs 9:30 a.m. Business meeting to consider pending To hold hearings to examine the Commerce, Science, and Transportation calendar items. Adminstration’s proposed fiscal year SD–366 To hold hearings to examine global 2005 Department of Veterans Affairs’ Governmental Affairs warming. budget. To continue hearings to examine work- SR–253 SR–418 force issues relating to preserving a Foreign Relations strong United States Postal Service. To hold hearings to examine Iraq sta- FEBRUARY 11 SD–342 bilization and reconstruction. Indian Affairs SD–419 9:30 a.m. To hold hearings to examine President’s 10 a.m. Indian Affairs fiscal year 2005 budget request. Banking, Housing, and Urban Affairs To hold hearings to examine the Presi- SR–485 To hold hearings to examine the Office of dent’s fiscal year 2005 budget request. 10 a.m. the Comptroller of the Currency’s rules SR–485 Budget on national bank preemption and To hold hearings to examine the Presi- visitorial powers. FEBRUARY 12 dent’s fiscal year 2005 budget proposals. SD–538 9:30 a.m. SD–608 Finance Foreign Relations Finance To hold hearings to examine the nomina- To hold hearings to examine policy and To hold hearings to examine the Admin- tion of Samuel W. Bodman, of Massa- programs relating to the State Depart- istration’s Health and Human Services chusetts, to be Deputy Secretary of the ment. budget priorities. Treasury. SR–325 SD–215 SD–215 Governmental Affairs Judiciary Health, Education, Labor, and Pensions Investigations Subcommittee To hold hearings to examine the nomina- To hold hearings to examine maintaining To hold hearings to examine Department tions of William Gerry Myers III, of confidence in consumer products relat- of Defense contractors who are abusing Idaho, to be United States Circuit ing to mad cow disease. the federal tax system by either failing Judge for the Ninth Circuit, William S. SD–430 to file tax returns or not paying their Duffey, Jr., to be United States Dis- 2:30 p.m. taxes. trict Judge for the Northern District of Foreign Relations SD–342 Georgia, and Lawrence F. Stengel, to To hold a closed briefing regarding secu- 10 a.m. be United States District Judge for the rity preparations for 2004 Olympic Budget Eastern District of Pennsylvania. Games. To hold hearings to examine the Presi- SD–226 S–407, Capitol dent’s fiscal year 2005 budget proposals. 2:30 p.m. Judiciary SD–608 Banking, Housing, and Urban Affairs Immigration, Border Security and Citizen- Energy and Natural Resources Economic Policy Subcommittee ship Subcommittee To hold hearings to examine the Presi- To hold hearings to examine national To hold hearings to examine evaluating a dent’s proposed fiscal year 2005 budget flood insurance repetitive losses. temporary guest worker proposal. for the Department of the Interior. SD–538 SD–226 SD–366

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate jul 14 2003 01:31 Feb 03, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\M02FE8.000 E02PT1 E86 CONGRESSIONAL RECORD — Extensions of Remarks February 2, 2004 2:30 p.m. 2005 and the future years defense pro- MARCH 18 Energy and Natural Resources gram. 10 a.m. Public Lands and Forests Subcommittee SH–216 Veterans’ Affairs To hold hearings to examine S. 1466, to 10 a.m. To hold joint hearings with the House facilitate the transfer of land in the Energy and Natural Resources Committee on Veterans’ Affairs to ex- State of Alaska, S. 1421, to authorize To hold hearings to examine the Presi- amine the legislative presentations of the subdivision and dedication of re- dent’s proposed fiscal year 2005 budget the Air Force Sergeants Association, stricted land owned by Alaska Natives, for the Forest Service. the Retired Enlisted Association, Gold S. 1649, to designate the Ojito Wilder- SD–366 Star Wives of America, and the Fleet ness Study Area as wilderness, to take Reserve Association. certain land into trust for the Pueblo MARCH 4 345 CHOB of Zia, and S. 1910, to direct the Sec- 10 a.m. MARCH 25 retary of Agriculture to carry out an Veterans’ Affairs inventory and management program To hold joint hearings with the House 10 a.m. for forests derived from public domain Committee on Veterans’ Affairs to ex- Veterans’ Affairs land. amine the legislative presentations of To hold joint hearings with the House Committee on Veterans’ Affairs to ex- SD–366 the Non-Commissioned Officers Asso- amine the legislative presentations of ciation, the Military Order of the Pur- the National Association of State Di- FEBRUARY 24 ple Heart, the Paralyzed Veterans of rectors of Veterans Affairs, AMVETS, 2 p.m. America, the Jewish War Veterans, and American Ex-Prisoners of War, the Veterans’ Affairs the Blinded Veterans Association. Vietnam Veterans of America, and the To hold joint hearings with the House 345 CHOB Military Officers Association of Amer- Committee on Veterans’ Affairs to ex- ica. amine the legislative presentation of MARCH 10 345 CHOB the Disabled American Veterans. 10 a.m. SH–216 Veterans’ Affairs SEPTEMBER 21 To hold joint hearings with the House 10 a.m. MARCH 2 Committee on Veterans’ Affairs to ex- Veterans’ Affairs 9:30 a.m. amine the legislative presentation of To hold joint hearings with the House Armed Services the Veterans of Foreign Wars. Committee on Veterans’ Affairs to ex- To hold hearings to examine the defense SH–216 amine the legislative presentation of authorization request for fiscal year the American Legion. 345 CHOB

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HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate A unanimous-consent agreement was reached pro- Chamber Action viding for consideration of the bill at 10:30 a.m., on Routine Proceedings, pages S335–S382 Tuesday, February 3, 2004. Page S360 Measures Introduced: Eight bills and one resolu- Messages from the President: Senate received the tion were introduced, as follows: S. 2040–2047, and following message from the President of the United S. Res. 295. Pages S370–71 States: Measures Passed: Transmitting, pursuant to law, The Budget of the Congratulating New England Patriots: Senate United States Government for fiscal year 2005; re- agreed to S. Res. 295, congratulating the New Eng- ferred jointly to the Committees on Appropriations land Patriots on their victory in Super Bowl and on the Budget. (PM–62) Pages S369–70 XXXVIII. Pages S377–78 Appointments National School Counseling Week: Committee on Commission on Review of Overseas Military Fa- the Judiciary was discharged from further consider- cility Structure of the United States: The Chair, on ation of S. Res. 292, designating the week beginning behalf of the Majority Leader, pursuant to Public February 2, 2004, as ‘‘National School Counseling Law 108–132, Section 128, appointed the following Week’’, and the resolution was then agreed to. individual to the Commission on Review of Overseas Pages S378–79 Military Facility Structure of the United States: National Mentoring Month: Committee on the Major General Lewis E. Curtis III, USAF (Retired). Judiciary was discharged from further consideration Pages S379–80 of S. Res. 294, designating January 2004 as ‘‘Na- Nominations Received: Senate received the fol- tional Mentoring Month’’, and the resolution was lowing nominations: then agreed to. Pages S378–79 William Hardiman, of Michigan, to be a Member Mammography Quality Standards Reauthoriza- of the Board of Directors of the National Institute tion Act: Senate passed S. 1879, to amend the Pub- of Building Sciences for a term expiring September lic Health Service Act to revise and extend provi- 7, 2006. sions relating to mammography quality standards. Sue Ellen Wooldridge, of Virginia, to be Solicitor Page S379 of the Department of the Interior. Safe Transportation Equity Act: Senate resumed William T. Hiller, of Ohio, to be a Member of consideration of the motion to proceed to consider- the National Institute for Literacy Advisory Board ation of S. 1072, to authorize funds for Federal-aid for a term expiring November 25, 2006. (Reappoint- highways, highway safety programs, and transit pro- ment) grams. Pages S343–60 Juan R. Olivarez, of Michigan, to be a Member During consideration of this measure today, Senate of the National Institute for Literacy Advisory Board also took the following action: for a term expiring November 25, 2006. (Reappoint- By 75 yeas to 11 nays (Vote No. 7), three-fifths ment) of those Senators duly chosen and sworn, having Maria Otero, of the District of Columbia, to be voted in the affirmative, Senate agreed to the motion a Member of the Board of Directors of the United to close further debate on the motion to proceed to States Institute of Peace for a term expiring January the bill. Page S360 19, 2007. (Reappointment) D44

VerDate jul 14 2003 01:46 Feb 03, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D02FE4.REC D02FE4 February 2, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D45 Richard Kenneth Wagner, of Florida, to be a Adjournment: Senate convened at 1 p.m., and ad- Member of the National Institute for Literacy Advi- journed at 6:57 p.m., until 9:45 a.m., on Tuesday, sory Board for a term expiring November 25, 2006. February 3, 2004. (For Senate’s program, see the re- Isaac Fulwood, Jr., of the District of Columbia, to marks of the Acting Majority Leader in today’s be a Commissioner of the United States Parole Com- Record on page S380.) mission for a term of six years. Raymond L. Finch, of Virgin Islands, to be Judge for the District Court of the Virgin Islands for a Committee Meetings term of ten years. (Reappointment) Routine lists in the Air Force, Army, Marine (Committees not listed did not meet) Corps. Pages S380–82 Executive Communications: Page S370 BUSINESS MEETING Additional Cosponsors: Page S371 Committee on Finance: Committee ordered favorably Statements on Introduced Bills/Resolutions: reported the following bills: Pages S371–76 S. 882, to amend the Internal Revenue Code of 1986 to provide improvements in tax administration Additional Statements: Pages S366–69 and taxpayer safe-guards, with an amendment in the Notices of Hearings/Meetings: Pages S376–77 nature of a substitute; Authority for Committees to Meet: Page S377 An original bill entitled ‘‘National Employee Sav- ings and Trust Equity Guarantee Act’’; and Privilege of the Floor: Page S377 An original bill entitled ‘‘Highway Reauthoriza- Record Votes: One record vote was taken today. tion and Excise Tax Simplification Act of 2004’’. (Total—7) Page S360

VerDate jul 14 2003 01:46 Feb 03, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D02FE4.REC D02FE4 D46 CONGRESSIONAL RECORD — DAILY DIGEST February 2, 2004 House of Representatives Committee on the Budget: to hold hearings to examine the Chamber Action President’s fiscal year 2005 budget proposals, 10 a.m., The House was not in session today. It will meet SD–106. at 12:30 p.m. on Tuesday, February 3 for morning Committee on Foreign Relations: business meeting to con- hour debate and at 2 p.m. for legislative business. sider United Nations Convention on the Law of the Sea, with Annexes, done at Montego Bay, December 10, 1982 (the ‘‘Convention’’), and the Agreement Relating to the Implementation of Part XI of the United Nations Con- Committee Meetings vention on the Law of the Sea of 10 December 1982, No committee meetings were held. with Annex, adopted at New York, July 28, 1994 (the f ‘‘Agreement’’), and signed by the United States, subject to ratification, on July 29, 1994 (Treaty Doc.103–39), COMMITTEE MEETINGS FOR TUESDAY, 9:30 a.m., SD–419. FEBRUARY 3, 2004 Committee on Governmental Affairs: to hold hearings to examine workforce issues relating to preserving a strong (Committee meetings are open unless otherwise indicated) United States Postal Service, 2 p.m., SD–342. Senate House Committee on Armed Services: to hold hearings to examine Committee on the Budget, hearing on the Administration’s the Defense Authorization Request for fiscal year 2005 Budget for Fiscal Year 2005, 2 p.m., 210 Cannon. and the future years defense program; and to hold a busi- Committee on Government Reform, Subcommittee on Na- ness meeting to consider the nominations of Lawrence T. tional Security, Emerging Threats and International Rela- Di Rita, of Michigan, to be an Assistant Secretary of De- tions, hearing on Effective Strategies Against Terrorism, fense for Public Affairs, and Francis J. Harvey, of Cali- 10 a.m., 2247 Rayburn. fornia, to be an Assistant Secretary of Defense for Net- Committee on the Judiciary, Subcommittee on Crime, works and Information Integration, and certain other Terrorism, and Homeland Security, oversight hearing en- pending military nominations, 9:30 a.m., SH–216. titled ‘‘Law Enforcement Efforts within the Department Committee on Banking, Housing, and Urban Affairs: to of Homeland Security,’’ 1 p.m., 2141 Rayburn. hold hearings to examine fund operations and governance Committee on Rules, to consider H.R. 3030, Improving relating to current investigations and regulatory actions the Community Services Block Grant Act of 2003, 5:30 regarding the mutual fund industry, 10 a.m., SD–538. p.m., H–313 Capitol. Full Committee, business meeting to consider the pro- Committee on Ways and Means, hearing on the Adminis- posed Federal Public Transportation Act, 2:30 p.m., tration’s Budget Proposals for fiscal year 2005, 2 p.m., SD–538. 1100 Longworth.

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Re´sume´ of Congressional Activity

SECOND SESSION OF THE ONE HUNDRED EIGHTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 20 through January 31, 2004 January 20 through January 31, 2004

Senate House Total Civilian nominations, totaling 230, (including 195 nominations car- Days in session ...... 8 6 . . ried over from the First Session), disposed of as follows: ′ Time in session ...... 39 hrs. 21 hrs., 33 .. Confirmed ...... 22 Congressional Record: Unconfirmed ...... 206 Pages of proceedings ...... 333 245 . . Withdrawn ...... 1 Extensions of Remarks ...... 78 . . Returned to White House ...... 1 Public bills enacted into law ...... 1 1 Private bills enacted into law ...... Other Civilian nominations, totaling 7, (including 5 nominations Bills in conference ...... 7 . . carried over from the First Session) disposed of as follows: Measures passed, total ...... 10 17 27 Unconfirmed ...... 7 Senate bills ...... 2 . . House bills ...... 1 2 . . Air Force nominations, totaling 3,930 (including 3,527 nominations Senate joint resolutions ...... carried over from the First Session), disposed of as follows: House joint resolutions ...... Senate concurrent resolutions ...... Confirmed ...... 2,250 House concurrent resolutions ...... 2 1 . . Unconfirmed ...... 1,680 Simple resolutions ...... 7 12 . . Army nominations, totaling 1,189, (including 594 nominations carried Measures reported, total ...... 3 3 6 over from the First Session), disposed of as follows: Senate bills ...... 3 . . . . House bills ...... 1 . . Confirmed ...... 86 Senate joint resolutions ...... Unconfirmed ...... 1,103 House joint resolutions ...... Senate concurrent resolutions ...... Navy nominations, totaling 2,504, (including 2,444 nominations car- House concurrent resolutions ...... ried over from the First Session), disposed of as follows: Simple resolutions ...... 2 . . Confirmed ...... 2,427 Special reports ...... Unconfirmed ...... 77 Conference reports ...... Measures pending on calendar ...... 157 81 . . Marine Corps nominations, totaling 1,094, (including 2 nominations Measures introduced, total ...... 46 85 131 carried over from the First Session), disposed of as follows: Bills ...... 34 51 . . Unconfirmed ...... 1,094 Joint resolutions ...... 5 . . Concurrent resolutions ...... 1 5 . . Summary Simple resolutions ...... 11 24 . . Quorum calls ...... 1 . . Total nominations carried over from the First Session ...... 6,812 Yea-and-nay votes ...... 6 8 . . Total nominations received this Session ...... 2,142 Recorded votes ...... 2 . . Total confirmed ...... 4,785 Bills vetoed ...... Total unconfirmed ...... 4,167 Vetoes overridden ...... Total withdrawn ...... 1 Total Returned to the White House ...... 1 * These figures include all measures reported, even if there was no accompanying report. A total of 3 reports have been filed in the Senate, a total of 3 reports have been filed in the House.

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Next Meeting of the SENATE Next Meeting of theHOUSE OF REPRESENTATIVES 9:45 a.m., Tuesday, February 3 12:30 p.m., Tuesday, February 3

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: The House will meet at 12:30 morning business (not to extend beyond 10:30 a.m.), Sen- p.m. for morning hour debate and at 2 p.m. for legisla- ate will begin consideration of S. 1072, SAFE Transpor- tive business. tation Equity Act. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

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