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

Vol. 150 WASHINGTON, THURSDAY, FEBRUARY 5, 2004 No. 13 House of Representatives The House was not in session today. Its next meeting will be held on Friday, February 6, 2004, at 12 noon. Senate THURSDAY, FEBRUARY 5, 2004

The Senate met at 9 a.m. and was SCHEDULE Paul and Sheila Wellstone’s sons Mark called to order by the President pro Mr. ROBERTS. Mr. President, this and David to keep their parents’ work tempore (Mr. STEVENS) morning following morning business, and spirit alive. the Senate resumes consideration of S. PRAYER The first meetings will be held this 1072, the highway bill. As the majority evening. In what may be the largest The Chaplain, Dr. Barry C. Black, of- leader announced last night, it is hoped book group ever, thousands of ordinary fered the following prayer: we will be able to work through those Let us pray. Americans in 40 States will meet in amendments early in the day so we can private homes, schools, churches, com- Lord of Hosts, Ruler of all nature, we proceed to additional amendments. munity centers, bookstores, and hun- magnify Your name. On today, many Senators should expect votes today as lift their hearts in prayer for our Na- the Senate continues to make progress dreds of other places to discuss the di- tion. Lord, You have promised that a on the highway bill. Senators will be rection and the future of our Nation. nation that humbles itself and prays, notified as votes are scheduled. Those attending the discussion are en- seeking Your face, will hear from You. f couraged to read a book Senator You have promised to forgive our sins Wellstone wrote which was published and to heal our land. Thank You for RECOGNITION OF THE MINORITY the year before he died. It is called doing for America immeasurably more LEADER ‘‘The Conscience Of A Liberal.’’ If the than we can ask or imagine. You have The PRESIDENT pro tempore. The title evokes memories of another book, blessed us with wonderful freedoms and Democratic leader. it is deliberate. opportunities to accomplish Your pur- f poses on Earth. In the introduction of his own book, Guide our Senators as they seek to ORDER OF PROCEDURE Paul recalled the good-natured ribbing be Your instruments. Empower our Mr. DASCHLE. Mr. President, I in- some of his Republican colleagues gave leaders to live for Your glory. Protect tend to use my leader this morn- him when he attended Barry Gold- our military and those who daily risk ing. I ask unanimous consent that water’s funeral service. their lives for freedom. morning business not be reduced as a They gave me Goldwater’s ‘‘The Con- Lord, we declare today that the king- result of my use of leader time. dom, the power, and the glory belong science of a Conservative’’ to read on the The PRESIDENT pro tempore. With- plane. ‘‘Paul,’’ they said, ‘‘read this; we read to You. We pray this in Your awesome out objection, it is so ordered. this book at young ages and it set us on the Name. Amen. f right path. We still have hope for you.’’ f KEEPING ALIVE THE WORK AND Paul replied that he, too, had read PLEDGE OF ALLEGIANCE SPIRIT OF Senator Goldwater’s book at a young The PRESIDENT pro tempore led the Mr. DASCHLE. Mr. President, I age and explained: ‘‘That’s why I’m a Pledge of Allegiance, as follows: would like to use a few minutes of my liberal.’’ I pledge allegiance to the Flag of the leader time to talk about a remarkable ‘‘But,’’ he said, ‘‘I also told them that United States of America, and to the Repub- new effort that is being launched today lic for which it stands, one nation under God, I admired Barry Goldwater for his po- to try to develop a broader national indivisible, with liberty and justice for all. litical integrity.’’ consensus about the kind of future we f want in America and how we can More than almost anyone else I have RECOGNITION OF THE ACTING achieve it. It is called the Wellstone ever known, Paul Wellstone had an MAJORITY LEADER Civic Dialog Project. It is being orga- unshakable faith in the fundamental The PRESIDENT pro tempore. The nized by Wellstone Action, a progres- decency of most people and in the ge- acting Republican leader is recognized. sive advocacy organization created by nius of democracy. He believed if we

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

S599

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VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S600 CONGRESSIONAL RECORD — SENATE February 5, 2004 faced our challenges squarely and lis- offended him more deeply than the month, and her insurance company in- tened respectfully to each other, we stigma attached to mental illness and formed her that she has now hit their would discover that most of us share the discrimination and suffering that lifetime cap on mental health benefits, the same values, the same concerns, people with mental health problems so they will no longer pay anything for and the same dreams; that we would suffer as a result of that stigma. He her medications or her therapy. also discover the solutions and thought it was cruel that people with So she and her husband now face a strength to overcome almost any ob- mental health problems often received choice: pay the entire cost of her pre- stacle. lesser care than those with physical scriptions and her therapy each month, The Wellstone Civic Dialogue Project health problems. He was outraged by out of pocket, or pay their mortgage. is an attempt to bring ordinary Ameri- the terrible toll such discrimination She was fighting back tears when she cans together to develop a consensus to often takes on people with mental ill- called my office. She said, ‘‘If I had a move America in a more humane, more ness and their families. He and Senator heart ailment, they wouldn’t think progressive direction. It is what Paul DOMENICI introduced a bill—now called twice about sending me to a cardiolo- called ‘‘citizen democracy.’’ the Paul Wellstone Mental Health Eq- gist. But there’s such a stigma associ- Groups will meet in more than 600 uitable Treatment Act—to end such ated with mental health.’’ communities throughout America. In a discrimination. The bill was reintro- She added, ‘‘This isn’t something I’ve touch that I am sure Paul Wellstone duced at the beginning of this Con- chosen any more than people who suf- and Barry Goldwater would have appre- gress, but it has been stalled in com- fer from diabetes or heart disease chose ciated greatly, in several of the groups mittee for more than a year now be- their conditions.’’ self-declared Republicans and Demo- cause of opposition from the insurance What makes her story even more ter- crats have agreed to sit face to face industry and its allies. rible is how many other people in this and discuss their ideas and values. Last October, on the first anniver- country are having to fight the same The first meetings, as I said, will sary of the plane crash that killed Paul fight, and make the same awful take place this evening in more than and Sheila, their daughter Marcia, and choices. No family is untouched by 600 communities throughout America. four others, I asked unanimous consent mental health problems. Fifty-four A topic for tonight’s discussion is ‘‘Can that the Senate take up and pass the million Americans suffer from some we dream again?’’ It is a reference to a Wellstone Mental Health and Treat- form of mental illness. They include quote by Eleanor Roosevelt that Paul ment Act. It would have been the per- Republicans, Democrats, and people loved and preached often. The future fect tribute to Paul. who don’t care at all about party la- will belong to those ‘‘who believe in The Republican leadership blocked bels. the beauty of their dreams.’’ that request. But they gave us their Paul Wellstone and PETE DOMENICI It is expected that groups will meet word that the Senate will consider the were about as far apart politically as as many as eight additional times over Wellstone mental health bill early this two people could be. But they shared a the next several months to discuss year. I am here to say, very clearly, common bond: They both had people in issues ranging from education and that Democrats intend to hold them to their families, who they loved, who health care, to domestic violence, that promise. were affected by mental illness. They money and politics, and the war in Like tens of millions of Americans, were unlikely but great allies. Iraq. Anyone interested in attending a Paul Wellstone knew well the anguish In 1996, thanks in large part to their Civic Dialog Project discussion can go that mental illness can cause families. leadership, Congress passed the Mental Nearly 50 years ago, when his older to the Wellstone Action Web site, Health Parity Act. It says that group brother Stephen was a freshman in col- www.wellstone.org, to find a discussion health plans sponsored by employers lege, he suffered a severe mental break- with 50 or more workers cannot place group near them or to download study down. Stephen Wellstone spent the annual or lifetime dollars limits on guides for any of the discussion topics. next 2 years in mental hospitals. Even- If there isn’t a group in your neigh- mental health benefits that are more tually, he recovered and graduated borhood, you might want to consider restrictive than their limits for phys- from college—with honors—in 3 years. starting one. The Wellstone Action But it took his immigrant parents 20 ical health care. It was an important step forward. group has trained hundreds of volun- years to pay off the bill from those 2 But discrimination persists; we know teer facilitators to help people set up years. and run discussion groups in their own In his book, Paul recalled the years that. Some insurers openly disregard communities. that Stephen was hospitalized. ‘‘For the law. Some have found new ways to Before Paul came to the Senate, he two years,’’ he wrote, ‘‘the house al- restrict mental health benefits. The re- was a political science professor. But ways seemed dark to me—even when sults can be devastating: unemploy- there was nothing the slightest bit aca- the lights were on. It was such a sad ment, broken homes, shattered lives, demic or abstract about his politics. He home.’’ poverty, poor school performance— used to say: ‘‘People yearn for a ‘poli- Fifty years later, there are still far even suicide. tics of the center’—not the ‘center’ so too many sad homes in America; there The Paul Wellstone Mental Health widely discussed by politicians and are still far too many families that are Equitable Treatment Act does not pundits in Washington but, rather, a being devastated by the physical and force employers to offer mental health politics that speaks to the center of financial consequences of mental coverage. It simply says that if em- people’s lives: affordable child care, health problems. In many cases, they ployers offer mental health benefits, good education for children, health se- have health insurance. But their insur- insurers cannot provide more restric- curity, living-wage jobs that will sup- ance companies refuse to pay for the tive coverage for mental health bene- port families, respect for the environ- mental health care they or their loved fits than they do for other medical and ment and human rights, and clean elec- ones need. surgical benefits. tions and clean campaigns. I hear from such families every week. Some insurers already meet this You can see that yearning today in Three days ago, a woman from Sioux basic fairness standard. They are to be the record turnouts in Presidential Falls called my office. She is about 50. commended for doing the right thing. caucuses in primaries in Iowa, New She and her husband have two chil- But others will not do the right thing Hampshire, and so many other States. dren, and they have health insurance unless they are required by law to do Instead of questioning each other’s through his job. Years ago, she suffered so. So Congress needs to act. character and motives and patriotism, one of the most agonizing losses a per- The insurance industry claims—in- people want politicians to talk hon- son can endure: Her 3-year-old daugh- correctly—that requiring insurers to estly about the concerns at the center ter died from spinal meningitis. treat mental illness the same way they of people’s everyday lives. She now suffers from chronic depres- treat physical illness will drive pre- One of the concerns is the refusal by sion, which she manages with the help miums up so high that more people will some insurers to provide fair and equi- of medication and therapy. lose their health insurance. Their table treatment for people with mental Recently, the cost of her medication claims are not true. They are simply illness. Nothing made Paul angrier nor jumped from $100 a month to $500 a scare tactics; we’ve heard them before.

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S601 The truth is, two highly respected or- tal health care because of arbitrary de- American Geriatrics Society ganizations have analyzed the Paul cisions by insurance companies putting American Group Psychotherapy Association Wellstone Mental Health Equitable profits ahead of people. American Heart Association Treatment Act. The private accounting The Wellstone bill can change that. American Hospice Foundation We have a commitment from the Ma- American Hospital Association firm of PricewaterhouseCoopers pre- American Humane Association dicts the bill would increase health in- jority Leader that the Senate will deal American Jail Association surance premiums by one percent. One with this issue early this year. We are American Managed Behavioral Healthcare percent. That works out to $1.32 per determined to see that that happens. Association (AMBHA) month. The Congressional Budget Of- I yield the floor. American Medical Association fice predicts an even smaller average EXHIBIT 1 American Medical Directors Association increase: nine-tenths of 1 percent. I 361 ORGANIZATIONS SUPPORTING THE PAUL American Medical Group Association American Medical Rehabilitation Providers think most families would consider WELLSTONE MENTAL HEALTH EQUITABLE TREATMENT ACT (DOMENICI/KENNEDY (S. 486) Association that was a very good deal. AND KENNEDY/RAMSTAD (H.R. 953)), JANUARY American Medical Student Association Senators DOMENICI and Wellstone 29, 2004 American Mental Health Counselors Associa- tion modeled their bill on the mental health Advocates for Youth American Music Therapy Association parity provisions on the Federal Em- Alaska State Medical Association American Network of Community Options ployee Health Benefits Program. For 3 Alliance for Aging Research and Resources years, Senators and the other 8.5 mil- Alliance for Children and Families American Nurses Association Alliance For Mental Health Consumers lion members of that program have had American Occupational Therapy Association Rights the protection of genuine mental American Orthopaedic Foot and Ankle Soci- Alzheimer’s Association health parity. According to the Office ety American Academy of Child and Adolescent of Personnel Management, it has in- American Orthopsychiatric Association Psychiatry creased premiums only 1.3 percent. And American Osteopathic Academy of Ortho- American Academy of Cosmetic Surgery pedics that includes parity for substance American Academy of Family Physicians abuse services, which are not included American Osteopathic Association American Academy of Neurology American Pediatric Society in the Wellstone mental health bill. American Academy of Ophthalmology American Political Science Association Nearly 2 years ago, President Bush American Academy of Otolaryngology-Head American Psychiatric Association said, ‘‘Our country must make a com- and Neck Surgery American Psychiatric Nurses Association mitment: Americans with mental ill- American Academy of Pediatrics American Psychoanalytic Association ness deserve our understanding and American Academy of Physical Medicine and American Psychological Association they deserve excellent care. They de- Rehabilitation American Psychotherapy Association American Academy of Physician Assistants American Public Health Association serve a health care system that treats American Academy of Psychiatry and the their illness with the same urgency as American School Counselor Association Law American School Health Association physical illness.’’ We urge the Presi- American Academy of Sleep Medicine American Society for Adolescent Psychiatry dent to back up his words with leader- American Association for Geriatric Psychi- American Society for Clinical Pathology ship. atry American Society of Addiction Medicine The Paul Wellstone Mental Health American Association For Marriage and American Society of Anesthesiologists Equitable Treatment Act is cospon- Family Therapy American Society of Clinical Oncology sored by 68 Senators—more than two- American Association for Psychological Re- American Society of Clinical Pharmacology habilitation American Society of Plastic Surgeons thirds of this Senate. It is also sup- American Association for Thoracic Surgery ported by more than 360 national orga- American Therapeutic Recreation Associa- American Association of Children’s Residen- tion nizations—90 of which have added their tial Centers American Thoracic Society support just since October. American Association of Clinical America’s HealthTogether Groups endorsing the Wellstone bill Endocrinologists Anna Westin Foundation include the American Academy of Pe- American Association of Pastoral Counselors Anorexia Nervosa and Related Eating Dis- diatrics, the Alzheimer’s Association, American Association of Practicing Psychia- orders, Inc. the National PTA, the Evangelical Lu- trists Anxiety Disorders Association of America theran Church in America, Catholic American Association of School Administra- Arizona Medical Association tors Arkansas Medical Society Charities, the National Association of American Association of Suicidology Association for the Advancement of Psy- Counties, the American Medical Asso- American Association on Mental Retarda- chology ciation, the American Nurses Associa- tion Association for Ambulatory Behavioral tion, the American Association of Pas- American Board of Examiners in Clinical So- Healthcare toral Counselors, the Christopher cial Work Association for Clinical Pastoral Education, Reeve Paralysis Foundation, the Na- American College of Cardiology Inc. tional Rural Health Association, the American College of Chest Physicians Association for Science in Autism Treat- National Organization on Fetal Alco- American College of Emergency Physicians ment American College of Medical Genetics Association of American Medical Colleges hol Syndrome, and many other groups. American College of Mental Health Adminis- Association of Asian Pacific Community I ask unanimous consent that the tration Health Organizations complete list be inserted at the close of American College of Nurse-Midwives Association of Jewish Aging Services of my remarks in the CONGRESSIONAL American College of Obstetricians and Gyne- North America RECORD. cologists Association of Jewish Family & Children’s The PRESIDING OFFICER. Without American College of Occupational and Envi- Agencies objection, it is so ordered. ronmental Medicine Association of Material and Child Health (See exhibit 1.) American College of Osteopathic Family Programs Mr. DASCHLE. Mr. President, nearly Physicians Association of Medical School Pediatric De- American College of Osteopathic Surgeons partment Chairs 50 years after mental illness brought American College of Physicians Association of Orthopaedic Foot and Ankle such sadness and financial strain to American College of Preventive Medicine Surgeons Paul Wellstone, doctors and scientists American College of Radiology Association Association of University Centers on Disabil- have made great strides in under- American College of Surgeons ities standing and treating many mental American Congress of Community Supports Association to Benefit Children health problems. But those advances and Employment Services (ACCSES) Attention Deficit Disorders Association mean little to those who cannot afford American Counseling Association Austism Society of America them. American Diabetes Association Barbara Schneider Foundation In and throughout American Family Foundation Bazelon Center for Mental Health Law American Federation of State, County and Brain Injury Association of America, Inc. America, there are still too many Municipal Employees California Medical Association homes that seem dark even when the American Federation of Teachers Camp Fire USA lights are on. There are too many peo- American Foundation for Suicide Prevention The Carter Center ple who are being denied essential men- American Gastroenterological Association Catholic Charities USA

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S602 CONGRESSIONAL RECORD — SENATE February 5, 2004 Center for the Advancement of Health Learning Disabilities Association of America National Coalition of Mental Health Con- Center for Women Policy Studies Legal Action Center sumers and Professionals Center for Disability and Health Louisiana State Medical Society National Committee to Preserve Social Se- Center on Juvenile and Criminal Justice Lutheran Ofc. for Governmental Affairs, curity and Medicare Central Conference of American Rabbis Evangelical Lutheran Church in America National Council for Community Behavioral Chicago Public Schools Lutheran Services in America Healthcare Child & Adolescent Bipolar Foundation Medical Association National Council of Jewish Women Child Neurology Society Medical Society National Council of La Raza Children and Adults with Attention-Deficit/ MedChi, the Maryland State Medical Society National Council on the Aging Hyperactivity Disorder Medical Association of Georgia National Council on Alcoholism and Drug Children’s Defense Fund Medical Association of the State of Alabama Dependence Children’s Healthcare Is a Legal Duty Medical Group Management Association National Council on Family Relations Children’s Hospital Medical Society of Delaware National Council on Problem Gambling Child Welfare League of America Medical Society of the District of Columbia National Council on Suicide Prevention Crhistopher Reeve Paralysis Foundation Medical Society of New Jersey National Down Syndrome Congress Church of the Brethren Washington Office Medical Society of the State of New York National Down Syndrome Society Clinical Social Work Federation Medical Society of Virginia National Eating Disorders Association Coalition for Juvenile Justice Medicare Rights Center National Educational Alliance for Borderline College of Psychiatric and Neurologic Phar- Personality Disorder MentalHealth AMERICA, Inc. macists National Education Association State Medical Society Colorado Medical Society National Exchange Club Foundation Medical Association Commission on Social Action of Reform Ju- National Foundation for Depressive Illness Mississippi State Medical Association daism National Health Council Missouri State Medical Association Connecticut State Medical Society National Health Law Program Montana Medical Association Corporation for the Advancement of Psychi- National Hispanic Medical Association atry NAADAC, The Association for Addiction National Hopeline Network Council for Exceptional Children Professionals National Housing Conference Council of State Administrators of Voca- National Advocacy Center of the Sisters of National Latino Behavioral Health Associa- tional Rehabilitation the Good Shepherd tion Council on Social Work Education National Alliance for Autism Research National Law Center on Homelessness & County of Santa Clara, CA National Alliance for the Mentally Ill Poverty Cure Autism Now National Alliance for Research on Schizo- National Leadership on African American Dads and Daughters phrenia and Affective Disorders Behavioral Health Depression and Bipolar Support Alliance National Alliance to End Homelessness National League of Cities Disability Rights Education and Defense National Asian American Pacific Islander National Medical Association Fund, Inc. Mental Health Association National Mental Health Association Disability Service Providers of America National Asian Women’s Health Organiza- National Mental Health Awareness Cam- Division for Learning Disabilities (DLD) of tion paign the Council for Exceptional Children National Assembly of Health and Human National Multiple Sclerosis Society Easter Seals Services Organizations National Network for Youth Eating Disorders Coalition for Research, Pol- National Association for the Advancement of National Organization for Rare Disorders icy & Action Colored People (NAACP) National Organization of People of Color Employee Assistance Professionals Associa- National Association for the Advancement of Against Suicide tion Orthotics & Prosthetics National Organization on Fetal Alcohol Syn- Epilepsy Foundation National Association for Children’s Behav- drome Families For Depression Awareness ioral Health National Osteoporosis Foundation Families USA National Association for the Dually Diag- National Partnership for Women and Fami- Family Violence Prevention Fund nosed lies Family Voices National Association for Medical Direction National PTA Federation of American Hospitals of Respiratory Care National Recreation and Park Association Federation of Behavioral, Psychological & National Association for Rural Mental National Rural Health Association Cognitive Sciences Health National Schizophrenia Foundation Federation of Families for Children’s Mental National Association of Anorexia Nervosa National Senior Citizens Law Center Health and Associated Disorders—ANAD National Therapeutic Recreation Society Florida Medical Association National Association of Case Management National Treatment and Research Advance- Freedom From Fear National Association of Children’s Hospitals ments Association for Personality Dis- Friends Committee on National Legislation National Association of Community Health order (Quaker) Centers Native American Counseling, Inc. Harvard Eating Disorders Center National Association of Counties Nebraska Medical Association Hawaii Medical Association National Association of County Behavioral NETWORK, a Catholic Social Justice Lobby Human Rights Campaign Health Directors Nevada State Medical Association Idaho Medical Association National Association of County and City Medical Society Illinois State Medical Society Health Officials New Mexico Medical Society Inclusion Research Institute National Association of Developmental Dis- NISH (National Industries for the Severely Indiana State Medical Association abilities Councils Handicapped) Institute for the Advancement of Social National Association of Mental Health Plan- Northamerican Association of Masters in Work Research ning & Advisory Councils Psychology International Association of Jewish Voca- National Association of Pediatric Nurse North Carolina Medical Society tional Services Practitioners North Dakota Medical Association International Association of Psychosocial National Association of Protection and Ad- Obsessive Compulsive Foundation Rehabilitation Services vocacy Systems Office & Professional Employees Inter- International Community Corrections Asso- National Association of Psychiatric Health national Union ciation Systems Ohio State Medical Association International Dyslexia Association National Association of School Nurses Oklahoma State Medical Association International Society of Psychiatric-Mental National Association of School Psycho- Older Adult Consumer Mental Health Alli- Health Nurses logical ance International Spinal Injection Society National Association of Social Workers Oregon Medical Association Iowa Medical Society National Association of State Directors of Organization of Student Social Workers Iris Alliance Fund Special Education Partnership for Recovery Jewish Federation of Metropolitan Chicago National Association of State Mental Health People For the American Way Johnson Institute Program Directors Pennsylvania Medical Society Joint Council of Allergy, Asthma and Immu- National Center for Policy Research for Presbyterian Church (USA), Washington Of- nology Women & Families fice Kentucky Medical Association National Center on Institutions and Alter- Prevent Child Abuse America Kids Project natives Rebecca Project for Human Rights Kristen Watt Foundation for Eating Disorder National Coalition Against Domestic Vio- Renfrew Center Foundation Awareness lence Rhode Island Medical Society Latino Behavioral Health Association National Coalition for the Homeless Samaritans Suicide Prevention Center

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S603 School Social Work Association of America unanimous consent that he be recog- Further, we must recognize that Service Employees International Union nized first. I think that is his intent. every day needed intelligence reforms Shaken Baby Alliance The PRESIDENT pro tempore. With- are delayed is a day of unnecessary Sjogren’s Syndrome Foundation out objection, the Senator from Flor- risk for the American people. Unfortu- Society for Adolescent Medicine Society for Pediatric Research ida is recognized for 22 minutes. nately, with regard to the rec- Society for Personality Assessment Mr. GRAHAM of Florida. Mr. Presi- ommendations of the joint inquiry Society for Public Health Education dent, I thank my friend and colleague committee, very little has been accom- Society for Research on Child Development for his graciousness. I also commend plished to date. In my two previous Society for Social Work Research him for the leadership he has been pro- statements, I discussed the status of Society for Women’s Health Research viding to this body, particularly as the these recommendations dealing with Society of American Gastrointestinal chair of the Intelligence Committee. the intelligence community reform and Endoscopic Surgeons That is the subject of my remarks specific responses to terrorism. I par- Society of Medical Consultants to Armed today. ticularly commend Senator DIANNE Forces Society of Professors of Child and Adolescent f FEINSTEIN for her leading role in the area of reorganization of the intel- Psychiatry THE NEED FOR INTELLIGENCE ligence community. Society of Thoracic Surgeons REFORM, PART III South Carolina Medical Association Today I will turn to two additional South Dakota State Medical Association Mr. GRAHAM of Florida. Mr. Presi- areas of particular concern: the Fed- STOP IT NOW! dent, during this week, I have spoken— eral Bureau of Investigation and the Suicide Awareness Voice of Education and this will be the third statement— application of the Foreign Intelligence Suicide Prevention Action Network USA about the need to reform our Nation’s Surveillance Act, or FISA, which gov- Tennessee Medical Association intelligence agencies. I have suggested erns the use of electronic eaves- Texas Medical Association that the horrific acts of September 11, The Arc of the United States dropping on foreign nationals in the Title II Community AIDS National Network 2001—acts which killed nearly 3,000 United States. Here, I particularly rec- Tourette Syndrome Association Americans in New York, Washington, ognize the contributions of Senators Treatment and Research Advancements As- and Pennsylvania—could have been DEWINE, DURBIN, EDWARDS, and KYL to sociation of Personality Disorder avoided if our intelligence agencies had this section of our report. Union of American Hebrew Congregations been more organized and more focused We know now the FBI did not have or Unitarian Universalist Association of Con- in dealing with the threat of inter- did not give adequate attention and re- gregations national terrorism. These conclusions sources to the problem of terrorism United Cerebral Palsy Association were largely the result of the work of United Church of Christ, Justice and Witness prior to September 11, 2001. For the Ministry the House-Senate joint inquiry on Sep- FBI, terrorism was a lesser priority United Jewish Communities tember 11, 2001. This bicameral, bipar- and its personnel did not understand United Methodist General Board of Church tisan committee finished its investiga- the FISA and therefore did not use ef- and Society tion on December 20, 2002, and filed its fectively its available investigative au- Utah Medical Association report. In that report, it concluded thority. Important information was Vermont Medical Society there were a number of problems with not shared with other agencies, was Volunteers of America our existing intelligence networks and not shared even within the various Washington State Medical Association it made 19 recommendations of how to Wellstone Action branches of the FBI itself. During the West Virginia State Medical Association fix those problems. summer of 2001, separate parts of the Medical Society Repairing the flaws in our intel- FBI had information that could have Working Assets ligence community is a matter of na- been used to disrupt or destroy al- Women of Reform Judaism tional security, a matter of the highest Qaida’s hijacking plot, but that infor- Wyoming Medical Society importance and urgency. As we are mation was never collectively ana- Yellow Ribbon Suicide Prevention Program now learning in the context of the war lyzed. Youth Law Center with Iraq and Saddam Hussein’s weap- For example, what agents in Min- f ons of mass destruction, policymakers nesota knew about Zacaria Moussaoui, cannot make wise decisions affecting the so-called twentieth hijacker who RESERVATION OF LEADER TIME the security of American people with- was taken into custody in August of The PRESIDENT pro tempore. Under out timely, accurate, credible informa- that year, is he was studying to fly the previous order, leadership time is tion, and tough-minded, independent commercial airlines but was disin- reserved. analysis, and will use that information terested in either taking them off or f to shape the judgments of the Presi- landing them. Meanwhile, a Phoenix dent and other decisionmakers, not to field agent of the FBI had become sus- MORNING BUSINESS validate previously held opinions. If we picious of radical Islamists who were The PRESIDENT pro tempore. Under fail to accurately perceive future also learning to fly airplanes. An agent the previous order, there now will be a threats, we will be poorly prepared to in San Diego was working with an in- period for the transaction of morning respond to them. If we do not perceive formant who knew at least two of the business until 10:40 a.m. with the first current threats accurately, then our hijackers. The informant was aware 22 minutes under the control of the response may be either inadequate or that one of the future hijackers was Senator from Kansas, Mr. ROBERTS, or excessive. moving to Arizona with a fellow ter- his designee; the following 22 minutes Whether restraining the development rorist—again to attend flight school. under the control of the Senator from of proliferation of weapons of mass de- If these agents had been aware of Florida, Mr. GRAHAM, or his designee; struction or interdicting terrorists, each other’s activities or if the ana- the following 22 minutes under the con- now, more than ever, intelligence mat- lysts at FBI headquarters had con- trol of the majority leader or his des- ters. If there is another terrorist at- nected these geographically separate ignee; and the final 22 minutes under tack on American soil, the American events, portions of the September 11 the control of the Senator from Cali- people will demand to know what the plot might well have been uncovered fornia, Mrs. FEINSTEIN, or her designee. Congress, what the President, what and disrupted. Unfortunately, the FBI Under the unanimous consent agree- other governmental institutions lacked the sufficient number of ana- ment just entered, this time shall not learned from the September 11 attacks, lysts to process all the relevant infor- be diminished by the minority leader and now the prewar intelligence in mation, and barriers to sharing infor- having used his time. Iraq, and how that information was mation prevented agents from learning The Senator from Kansas is recog- used to protect them. There will be no about each other’s activities, even nized. avoidance of accountability for the though both the Phoenix memo which Mr. ROBERTS. Mr. President, Sen- next attack, either for Congress or the expressed concern that bin Laden was ator GRAHAM and I have conferred. He President. We must take our responsi- sending young recruits to the United has a scheduling conflict. So I ask bility seriously. States for pilot training and the

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S604 CONGRESSIONAL RECORD — SENATE February 5, 2004 Moussaoui investigation were handled least the opportunity to increase secu- One particular area of concern is the by the same unit at FBI headquarters. rity precautions on domestic flights information technology systems at the Furthermore, although existing laws such as by reinforcing the doors be- FBI. The computer and communication gave FBI agents the authority to pur- tween the cockpit and the passenger systems at the FBI have been notori- sue these leads, individual agents were cabin. Tragically, this did not happen. ously outdated. in some cases unaware of their powers I am pleased to report some improve- I recall a meeting at one of our CIA under the Foreign Intelligence Surveil- ment has been made in these problem stations in the Middle East during lance Act and this confusion prevented areas. In 2003, the Bureau developed a which the agency personnel pleaded them from pursuing aggressively po- strategic plan outlining its top with the Members of Congress who tentially helpful lines of investigation. counterterrorism priorities. It has also were present to push the FBI toward With these facts in mind, the joint increased hiring and training and many adopting computer systems that would inquiry made four recommendations agents have been permanently reas- be compatible with the CIA’s so that related to the FBI and FISA which I signed to high priority areas. However, basic information could be shared. will now discuss. while hiring and training have in- A recent report by the General Ac- Recommendation No. 6 calls for the creased, the General Accounting Office counting Office on this subject is high- FBI to improve its domestic intel- has suggested the FBI continues to ly critical of the FBI’s attempts to im- ligence capability as fully and as lack fully adequate analytical capa- prove its information technology sys- quickly as possible and to establish bility and that the Bureau continues to tems. As we saw in our investigation of clear counterterrorism priorities for face a shortage of linguists and infor- the September 11 attacks, the best the agency to follow. Specific areas for mation technology personnel as well as work of skilled agents is wasted if they improvement are mentioned, including administrative staff. cannot communicate it to those who the need to improve analytical capa- Even more troubling is the fact that will use it. We cannot rest until we are bility, the need to disseminate intel- officials in Federal agencies, State gov- certain the FBI has made all the ligence information within the FBI and ernments, and local levels continue to changes it so desperately needs. among Government agencies, the need report they do not consider the current Recommendation No. 7 advises the to improve knowledge of national secu- information-sharing system to be effec- Congress and the administration to rity laws, the need to hire more per- tive. With few exceptions, these indi- evaluate and consider changes to the sonnel with linguistic skills, and the viduals say they are not receiving all domestic intelligence sector. need to fix persistent information tech- the information they need to fulfill In the short term, our national secu- nology problems. their responsibilities as the front line rity interests are best served by taking Our joint inquiry report gives a thor- of our war against terrorism. actions to improve the capabilities of ough explanation of why each of these In some cases this is because infor- the FBI. However, over the long term, improvements is necessary. In the mation is simply not available. But too we must decide on the best way to or- years leading up to September 11, the often it is because of institutional ganize our domestic intelligence agen- FBI was faced with a shortage of practices that prevent important infor- cies and consider serious restructuring counterterrorism personnel partly due mation from being shared. Even when if we conclude that the current struc- to a lack of overall resources, partly information is disseminated, officials ture is inadequate to serve our na- because counterterrorism priorities at all three levels report that it is fre- tional security interests. were not clearly established or fol- quently inaccurate, irrelevant, and not The joint inquiry recommended that lowed. In particular, the number of received in a timely fashion. FISA be included in this review. This qualified intelligence analysts was at a This situation is made worse by the recommendation reflects concerns that critically low level. This is the reason fact that none of these problems are the FBI, which is primarily a law en- the memo from the FBI agent in the new. In the year 2000, two separate forcement organization, is inherently Phoenix field office did not generate commissions on national security ill-suited to the challenge of domestic any further discussion or analysis and pointed to these same weaknesses intelligence gathering. is also the reason no one at the FBI within the FBI and urged that they be While the agency has done a com- headquarters was able to connect the corrected. mendable job carrying out its law en- dots and see that information collected The National Commission on Ter- forcement missions, preventing attacks by the FBI in California, in Minnesota, rorism, also known as the Bremer com- before they occur requires an approach in Arizona was all related to a larger mission, issued its report in June of very different from finding and pun- terrorist plot. The analyst shortage 2000, and the Advisory Panel to Assess ishing criminals after they have acted. was compounded by outdated informa- Domestic Response Capabilities for Throughout its history, the FBI’s focus tion technologies and the lack of a Terrorism Involving Weapons of Mass has been on investigating crime and ar- good counterterrorism database which Destruction, known as the Gilmore resting criminals rather than pre- made it difficult for analysts to assess commission, issued its second report venting crime. and organize crucial information. the following December. The lapses that preceded 9/11 may Prior to September 11, the FBI also Both commissions stated that the therefore be in part the consequence of had a severe shortage of linguists. For FBI needed to improve its analytical requiring the same agency to carry out example, 35 percent of all materials capability and disseminate information two very different functions. One ex- collected by the FBI in the Arabic lan- in a more timely manner inside and ample of this tendency of the FBI is guage were not even reviewed because outside the Bureau. how it defines investigatory targets. It there were not enough persons within The two commissions also suggested tends to do so in terms of those that the FBI to translate that material. that FISA gave the FBI more inves- are likely to result in a prosecution as This one fact may have deprived the tigative powers than were currently opposed to those that pose the greatest Bureau of potentially valuable ter- being used, and the Gilmore commis- threat. rorist-related intelligence which could sion suggested that this was due to I recall during one of our Senate In- have avoided September 11. Even in misunderstanding and confusion re- telligence Committee hearings a senior those cases where the Bureau did col- garding the law. The Bremer commis- FBI official was asked to provide an es- lect and identify information on ter- sion also called attention to the short- timate of the number of suspected ter- rorist activity, it failed to share that age of skilled linguists within the rorists within a specific region of the information with other agencies, both agency, which is a problem that we country. He responded by giving us the inside and outside the intelligence still face today. number of open investigative files at a community. Since September 11, FBI Director certain field office—clearly a law en- For example, if the Federal Aviation Mueller has initiated a serious and sus- forcement methodology rather than Authority had been told in August of tained effort to reform and reshape the the approach that an intelligence agen- 2001 that the FBI had identified a po- FBI to fight terrorism. Progress has cy would take. I would note that none tential airline suicide hijacker in Min- been made. However, much is left to be of the 19 hijackers of September 11 had nesota, the FAA would have had at done. an open FBI file that would have

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S605 marked them as a suspected terrorist nificant confusion and ambiguity that this task, and I am confident they will in our midst. has developed surrounding the use of continue to do so. Our recommendations on the FBI FISA and that reform is important and This last report is one bright spot on consisted of three parts: First, we said urgent. an otherwise disappointing report card. in the short term we should do every- FISA is also one of the best tools we In evaluating the status of the joint thing possible to strengthen the capa- have for tracking terrorist funding. inquiry’s recommendations, I have bility of the FBI to fight the war on However, it is not always used to its tried to give due attention to those terror. The FBI is all we have at the fullest potential. For example, the areas in which progress has been made. present time, and we need to make it chief of the FBI’s Financial Crimes However, we must not ignore those as effective as possible. Section told our committee that if shortcomings that remain, particularly Second, we need to conduct an open asked, he would have been able to lo- when so many of them are of such a se- debate on the type of domestic intel- cate hijackers Nawaf al-Hazmi and rious nature. We must overcome bu- ligence that we as a nation want and Khalid al-Mindhar by tracking credit reaucratic inertia and organizational need. We can look to other nations for card and banking transactions. These difficulties to fix these problems in an models which are based on the per- same powers could have been used by effective and expeditious manner. We ceived threat within the borders of the FBI to track foreign sources of ter- must not continue to be a slave to the each of those nations. They range from rorist funding, with the aim of cutting status quo. Our national security and the extremely high level of surveil- off funds for terrorists and attacking the well-being of the American people lance that the Israeli Government ex- these sources of funding directly. demand nothing less, as does the mem- ercises to protect its citizens from in- The FBI has made significant ory of nearly 3,000 innocent American ternal terrorist threats to the resist- progress in increasing awareness and lives lost on September 11, 2001. ance to scrutiny of private citizens in knowledge of FISA. The Attorney Gen- I ask unanimous consent that the certain regions of Germany. eral has issued new guidelines regard- recommendations of the Joint Inquiry Third, we need to evaluate the en- ing terrorist investigations, and both Committee, as adopted on December 10, hanced capability of the FBI against current personnel and new hires are 2002, be printed in the RECORD. the model that we establish as our de- now receiving training on these guide- There being no objection, the mate- sired end state, and then determine if lines. rial was ordered to be printed in the our security needs could be better met Unfortunately, the Bureau has not RECORD, as follows: by creating a separate domestic intel- made very good progress identifying RECOMMENDATIONS—DECEMBER 10, 2002 ligence agency, leaving the FBI to foreign sources of funding for terrorist Since the National Security Act’s estab- focus on law enforcement priorities. groups within the United States. lishment of the Director of Central Intel- That model exists in Great Britain, As an example, as I emphasized in my ligence and the Central Intelligence Agency where Scotland Yard, like the FBI, previous statements, the joint inquiry in 1947, numerous independent commissions, experts, and legislative initiatives have ex- handles national domestic law enforce- uncovered significant evidence of for- amined the growth and performance of the ment matters, but there is a separate eign government involvement in the 9/ U.S. Intelligence Community. While those agency, the MI5, which performs do- 11 attacks, and raised the possibility efforts generated numerous proposals for re- mestic intelligence gathering. that foreign governments continue to form over the years, some of the most sig- To date, no changes have been made provide support to terrorist groups nificant proposals have not been imple- to FISA since we issued our report, nor within the United States. mented, particularly in the areas of organi- has the larger debate regarding the In spite of this alarming assessment, zation and structure. These Committees be- structure of our domestic intelligence the FBI has not even developed an ef- lieve that the cataclysmic events of Sep- fective plan to assess the threat of for- tember 11, 2001 provide a unique and compel- community taken place. ling mandate for strong leadership and con- Our joint committee called for Con- eign funding for terrorist groups, let structive change throughout the Intelligence gress to request a report from the ad- alone combat this threat. Community. With that in mind, and based on ministration regarding the structure of The USA PATRIOT Act and subse- the work of this Joint Inquiry, the commit- our domestic intelligence program. So quent modifications have given the Bu- tees recommend the following: far, no action has been taken on this reau expanded access to banking and fi- 1. Congress should amend the National Se- recommendation. nancial records, but it has been widely curity Act of 1947 to create and sufficiently Recommendation No. 8 calls for the noted that terrorist groups use alter- staff a statutory Director of National Intel- Attorney General and the FBI to as- ligence who shall be the President’s prin- native methods of collecting, moving, cipal advisor on intelligence and shall have sure that the FBI uses its powers effec- and storing their money. the full range of management, budgetary and tively and disseminates information These methods include illegal drugs personnel responsibilities needed to make quickly. In particular, it calls for FBI and other contraband; shipment of the entire U.S. Intelligence Community op- personnel to receive in-depth training gems and other commodities; informal erate as a coherent whole. These responsibil- on the Foreign Intelligence Surveil- financial networks, such as the hawala ities should include: Establishment and en- lance Act and to implement a plan to system; and nontransparent organiza- forcement of consistent priorities for the use FISA to assess the threat of ter- tions, such as charities and religious collection, analysis, and dissemination of in- rorist groups within the United States. organizations. telligence throughout the Intelligence Com- munity; setting of policy and the ability to It specifically refers to the need to The FBI, which is responsible for move personnel between elements of the In- identify whether and how any of these leading these investigations into ter- telligence Community; review, approval, groups receive funding or support from rorist financing, has acknowledged it modification, and primary management and foreign governments. does not systematically collect and oversight of the execution of Intelligence The need for clearer guidelines and analyze data on alternative financing Community budgets; review, approval modi- better training regarding the FISA was mechanisms. Unless al-Qaida develops fication, and primary management and over- made abundantly clear during the a policy of transferring money entirely sight of the execution of Intelligence Com- FBI’s investigation of Zacharias by ATMs, the FBI’s current investiga- munity personnel and resource allocations; review, approval, modification, and primary Moussaoui. Agents in Minnesota cor- tory methods are unlikely to be very management and oversight of the execution rectly suspected that he was involved effective. of Intelligence Community research and de- in a hijacking plot, but even after he The final recommendation of this re- velopment efforts; review, approval, and co- was detained by the Immigration and port is No. 9, which urges the House ordination of relationships between the In- Naturalization Service, the agents con- and Senate Intelligence and Judiciary telligence Community agencies and foreign cluded that FISA did not give them the Committees to evaluate the FISA, and intelligence and law enforcement services; authority to search his belongings all modifying legislation, such as the and exercise of statutory authority to insure since it was not established that USA PATRIOT Act, to ensure that our that Intelligence Community agencies and legal system adequately addresses cur- components fully comply with Community- Moussaoui was acting as an agent of a wide policy, management, spending, and ad- foreign power. rent and future terrorist threats. These ministrative guidance and priorities. This conclusion was incorrect under House and Senate committees have ef- The Director of National Intelligence the FISA law. It demonstrates the sig- fectively begun to follow through on should be a Cabinet level position, appointed

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S606 CONGRESSIONAL RECORD — SENATE February 5, 2004 by the President and subject to Senate con- National Intelligence Council and a highly eral, state and local agencies; and finally firmation. Congress and the President should qualified individual appointed to prepare in- solve the FBI’s persistent and incapacitating also work to insure that the Director of Na- telligence estimates on terrorism for the use information technology problems. tional Intelligence effectively exercises of Congress and policymakers in the Execu- 7. Congress and the Administration should these authorities. tive Branch and to assist the Intelligence carefully consider how best to structure and To insure focused and consistent Intel- Community in developing a program for manage U.S. domestic intelligence respon- ligence Community leadership, Congress strategic analysis and assessments. sibilities. Congress should review the scope should require that no person may simulta- 5. Congress and the Administration should of domestic intelligence authorities to deter- neously serve as both the Director of Na- ensure the full development within the De- mine their adequacy in pursuing counterter- tional Intelligence and the Director of the partment of Homeland Security of an effec- rorism at home and ensuring the protection Central Intelligence Agency, or as the direc- tive all-source terrorism information fusion of privacy and other rights guaranteed under tor of any other specific intelligence agency. center that will dramatically improve the the Constitution. This review should include, 2. Current efforts by the National Security focus and quality of counterterrorism anal- for example, such questions as whether the Council to examine and revamp existing in- ysis and facilitate the timely dissemination range of persons subject to searches and sur- telligence priorities should be expedited, of relevant intelligence information, both veillances authorized under the Foreign In- given the immediate need for clear guidance within and beyond the boundaries of the In- telligence Surveillance Act (FISA) should be in intelligence and counterterrorism efforts. telligence Community. Congress and the Ad- expanded. The President should take action to ensure ministration should ensure that this fusion Based on their oversight responsibilities, that clear, consistent, and current priorities center has all the authority and the re- the Intelligence and Judiciary Committees are established and enforced throughout the sources needed to: Have full and timely ac- of the Congress, as appropriate, should con- Intelligence Community. Once established, cess to all counterterrorism-related intel- sider promptly, in consultation with the Ad- these priorities should be reviewed and up- ligence information, including ‘‘raw’’ sup- ministration, whether the FBI should con- dated on at least an annual basis to ensure porting data as needed; have the ability to tinue to perform the domestic intelligence that the allocation of Intelligence Commu- participate fully in the existing require- functions of the United States Government nity resources reflects and effectively ad- ments process for tasking the Intelligence or whether legislation is necessary to rem- dresses the continually evolving threat envi- Community to gather information on foreign edy this problem, including the possibility of ronment. Finally, the establishment of Intel- individuals, entities and threats; integrate creating a new agency to perform those func- ligence Community priorities, and the jus- such information in order to identify and as- tions. tification for such priorities, should be re- sess the nature and scope of terrorist threats Congress should require that the new Di- ported to both the House and Senate Intel- to the United States in light of actual and rector of National Intelligence, the Attorney ligence Committees on an annual basis. potential vulnerabilities; implement and General, and the Secretary of the Depart- 3. The National Security Council, in con- fully utilize data mining and other advanced ment of Homeland Security report to the junction with the Director of National Intel- analytical tools, consistent with applicable President and the Congress on a date certain ligence, and in consultation with the Sec- law; retain a permanent staff of experienced concerning: The FBI’s progress since Sep- retary of the Department of Homeland Secu- and highly skilled analysts, supplemented on tember 11, 2001 in implementing the reforms rity, the Secretary of State and Secretary of a regular basis by personnel on ‘‘joint tours’’ required to conduct an effective domestic in- Defense, should prepare, for the President’s from the various Intelligence Community telligence program, including the measures approval, a U.S. government-wide strategy agencies; institute a reporting mechanism recommended above; the experience of other for combating terrorism, both at home and that enables analysts at all the intelligence democratic nations in organizing the con- abroad, including the growing terrorism duct of domestic intelligence; the specific threat posed by the proliferation of weapons and law enforcement agencies to post lead manner in which a new domestic intelligence of mass destruction and associated tech- information for use by analysts at other service could be established in the United nologies. This strategy should identify and agencies without waiting for dissemination full engage those foreign policy, economic, of a formal report; maintain excellence and States, recognizing the need to enhance na- military, intelligence, and law enforcement creativity in staff analytic skills through tional security while fully protecting civil elements that are critical to a comprehen- regular use of analysis and language training liberties; and their recommendations on how sive blueprint for success in the war against programs; and establish and sustain effective to best fulfill the nation’s need for an effec- terrorism. channels for the exchange of counterter- tive domestic intelligence capability, includ- As part of that effort, the Director of Na- rorism-related information with federal ing necessary legislation. tional Intelligence shall develop the Intel- agencies outside the Intelligence Community 8. The Attorney General and the Director ligence Community component of the strat- as well as with state and local authorities. of the FBI should take action necessary to egy, identifying specific programs and budg- 6. Given the FBI’s history of repeated ensure that: The office of Intelligence Policy ets and including plans to address the shortcomings within its current responsi- and Review and other Department of Justice threats posed by Usama Bin Ladin and al bility for domestic intelligence, and in the components provide in-depth training to the Qa’ida, Hezbollah, Hamas, and other signifi- face of grave and immediate threats to our FBI and other members of the Intelligence cant terrorist groups. Consistent with appli- homeland, the FBI should strengthen and Community regarding the use of the Foreign cable law, the strategy should effectively improve its domestic capability as fully and Intelligence Surveillance Act (FISA) to ad- employ and integrate all capabilities avail- expeditiously as possible by immediately in- dress terrorist threats to the United States; able to the Intelligence Community against stituting measures to: Strengthen counter- the FBI disseminates results of searches and those threats and should encompass specific terrorism as a national FBI program by surveillances authorized under FISA to ap- efforts to: Develop human sources to pene- clearly designating national counterter- propriate personnel within the FBI and the trate terrorist organizations and networks rorism priorities and enforcing field office Intelligence Community on a timely basis so both overseas and within the United States; adherence to those priorities; establish and they may be used for analysis and operations fully utilize existing and future technologies sustain independent career tracks within the that address terrorist threats to the United to better exploit terrorist communications; FBI that recognize and provide incentives for States; and the FBI develops and implements to improve and expand the use of data min- demonstrated skills and performance of a plan to use authorities provided by FISA ing and other cutting edge analytical tools; counterterrorism agents and analysts; sig- to assess the threat of international ter- and to develop a multi-level security capa- nificantly improve strategic analytical capa- rorist groups within the United States fully, bility to facilitate the timely and complete bilities by assuring the qualification, train- including the extent to which such groups sharing of relevant intelligence information ing, and independence of analysts, coupled are funded or otherwise supported by foreign both within the Intelligence Community and with sufficient access to necessary informa- governments. with other appropriate federal, state, and tion and resources; establish a strong reports 9. The House and Senate Intelligence and local authorities; enhance the depth and officer cadre at FBI Headquarters and field Judiciary Committees should continue to ex- quality of domestic intelligence collection offices to facilitate timely dissemination of amine the Foreign Intelligence Surveillance and analysis by, for example, modernizing intelligence from agents to analysts within Act and its implementation thoroughly, par- current intelligence reporting formats the FBI and other agencies within the Intel- ticularly with respect to changes made as a through the use of existing information tech- ligence Community; implement training for result of the USA PATRIOT Act and the sub- nology to emphasize the existence and the agents in the effective use of analysts and sequent decision of the United States For- significance of links between new and pre- analysis in their work; expand and sustain eign Intelligence Court of Review, to deter- viously acquired information; maximize the the recruitment of agents and analysts with mine whether its provisions adequately ad- effective use of covert action in counterter- the linguistic skills needed in counterter- dress present and emerging terrorist threats rorist efforts; develop programs to deal with rorism efforts; increase substantially efforts to the United States. Legislation should be financial support for international ter- to penetrate terrorist organizations oper- proposed by those Committees to remedy rorism; and facilitate the ability of CIA ating in the United States through all avail- any deficiencies identified as a result of that paramilitary units and military special oper- able means of collection; improve the na- review. ations forces to conduct joint operations tional security law training of FBI per- 10. The Director of the National Security against terrorist targets. sonnel; implement mechanisms to maximize Agency should present to the Director of Na- 4. The position of National Intelligence Of- the exchange of counterterrorism-related in- tional Intelligence and the Secretary of De- ficer for Terrorism should be created on the formation between the FBI and other fed- fense by June 30, 2003, and report to the

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S607 House and Senate Intelligence Committees, and improve existing educational grant pro- relevant information for federal agencies a detailed plan that: Describes solutions for grams focused on intelligence-related fields, outside the Intelligence Community, for the technological challenges for signals in- similar to military scholarship programs and state and local authorities, which are crit- telligence; requires a review, on a quarterly others that provide financial assistance in ical to the fight against terrorism, and for basis, of the goals, products to be delivered, return for a commitment to serve in the In- the American public. In addition, the Presi- funding levels and schedules for every tech- telligence Community; and the Intelligence dent and the heads of federal agencies should nology development program; ensures strict Community should enhance recruitment of a ensure that the policies and procedures to accounting for program expenditures; within more ethnically and culturally diverse work- protect against the unauthorized disclosure their jurisdiction as established by current force and devise a strategy to capitalize upon of classified intelligence information are law, makes NSA a full collaborating partner the unique cultural and linguistic capabili- well understood, fully implemented and vig- with the Central Intelligence Agency and the ties of first-generation Americans, a strat- orously enforced. Federal Bureau of Investigation in the war egy designed to utilize their skills to the Congress should also review the statutes, on terrorism, including fully integrating the greatest practical effect while recognizing policies and procedures that govern the na- collection and analytic capabilities of NSA, the potential counterintelligence challenges tional security classification of intelligence CIA, and the FBI; and makes recommenda- such hiring decisions might pose. information and its protection from unau- tions for legislation needed to facilitate 12. Steps should be taken to increase and thorized disclosure. Among other matters, these goals. ensure the greatest return on this nation’s Congress should consider the degree to which In evaluating the plan, the Committees substantial investment in intelligence, in- excessive classification has been used in the should also consider issues pertaining to cluding: The President should submit budget past and the extent to which the emerging whether civilians should be appointed to the recommendations, and Congress should enact threat environment has greatly increased position of Director of the National Security budget authority, for sustained, long-term the need for real-time sharing of sensitive Agency and whether the term of service for investment in counterterrorism capabilities information. The Director of National Intel- the position should be longer than it has that avoid dependence on repeated stop-gap ligence, in consultation with the Secretary been in the recent past. supplemental appropriations; in making of Defense, the Secretary of State, the Sec- 11. Recognizing that the Intelligence Com- such budget recommendations, the President retary of Homeland Security, and the Attor- munity’s employees remain its greatest re- should provide for the consideration of a sep- ney General, should review and report to the source, the Director of National Intelligence arate classified Intelligence Community House and Senate Intelligence Committees should require that measures be imple- budget; long-term counterterrorism invest- on proposals for a new and more realistic ap- mented to greatly enhance the recruitment ment should be accompanied by sufficient proach to the processes and structures that and development of a workforce with the in- flexibility, subject to congressional over- have governed the designation of sensitive telligence skills and expertise needed for sight, to enable the Intelligence Community and classified information. The report should success in counterterrorist efforts, including: to rapidly respond to altered or unantici- include proposals to protect against the use The agencies of the Intelligence Community pated needs; the Director of National Intel- of the classification process as a shield to should act promptly to expand and improve ligence should insure that Intelligence Com- protect agency self-interest. counterterrorism training programs within munity budgeting practices and procedures 16. Assured standards of accountability are the Community, insuring coverage of such are revised to better identify the levels and critical to developing the personal responsi- critical areas as information sharing among nature of counterterrorism funding within bility, urgency, and diligence which our law enforcement and intelligence personnel; the Community; counterterrorism funding counterterrorism responsibility requires. language capabilities; the use of the Foreign should be allocated in accordance with the Given the absence of any substantial efforts Intelligence Surveillance Act; and watch- program requirements of the national within the Intelligence Community to im- listing; the Intelligence Community should counterterrorism strategy; and due consider- pose accountability in relation to the events build on the provisions of the Intelligence ation should be given to directing an outside of September 11, 2001, the Director of Central Authorization Act for Fiscal Year 2003 re- agency or entity to conduct a thorough and Intelligence and the heads of Intelligence garding the development of language capa- rigorous cost-benefit analysis of the re- Community agencies should require that bilities, including the Act’s requirement for sources spent on intelligence. measures designed to ensure accountability a report on the feasibility of establishing a 13. The State Department, in consultation are implemented throughout the Commu- Civilian Linguist Reserve Corps, and imple- with the Department of Justice, should re- nity. To underscore the need for account- ment expeditiously measures to identify and view and report to the President and the ability: The Director of Central Intelligence recruit linguists outside the Community Congress by June 30, 2003 on the extent to should report to the House and Senate Intel- whose abilities are relevant to the needs of which revisions in bilateral and multilateral ligence Committees no later than June 30, counterterrorism; the existing Intelligence agreements, including extradition and mu- 2003 as to the steps taken to implement a Community Reserve Corps should be ex- tual assistance treaties, would strengthen system of accountability throughout the In- panded to ensure the use of relevant per- U.S. counterterrorism efforts. The review telligence Community, to include processes sonnel and expertise from outside the Com- should address the degree to which current for identifying poor performance and affixing munity as special needs arise; Congress categories of extraditable offenses should be responsibility for it, and for recognizing and should consider enacting legislation, mod- expanded to cover offenses, such as visa and rewarding excellence in performance; as part eled on the Goldwater-Nichols Act of 1986, to immigration fraud, which may be particu- of the confirmation process for Intelligence instill the concept of ‘‘jointness’’ throughout larly useful against terrorists and those who Community officials, Congress should re- the Intelligence Community. By emphasizing support them. quire from those officials an affirmative such things as joint education, a joint career 14. Recognizing the importance of intel- commitment to the implementation and use specialty, increased authority for regional ligence in this nation’s struggle against ter- of strong accountability mechanisms commanders, and joint exercises, that Act rorism, Congress should maintain vigorous, throughout the Intelligence Community; and greatly enhanced the joint warfighting capa- informed, and constructive oversight of the the Inspectors General at the Central Intel- bilities of the individual military services. Intelligence Community. To best achieve ligence Agency, the Department of Defense, Legislation to instill similar concepts that goal, the National Commission on Ter- the Department of Justice, and the Depart- throughout the Intelligence Community rorist Attacks Upon the United States ment of State should review the factual find- could help improve management of Commu- should study and make recommendations ings and the record of this Inquiry and con- nity resources and priorities and insure a far concerning how Congress may improve its duct investigations and reviews as necessary more effective ‘‘team’’ effort by all the intel- oversight of the Intelligence Community, in- to determine whether and to what extent ligence agencies. The Director of National cluding consideration of such areas as: personnel at all levels should be held ac- Intelligence should require more extensive Changes in the budgetary process; changes in countable for any omission, commission, or use of ‘‘joint tours’’ for intelligence and ap- the rules regarding membership on the over- failure to meet professional standards in re- propriate law enforcement personnel to sight committees; whether oversight respon- gard to the identification, prevention, or dis- broaden their experience and help bridge ex- sibility should be vested in a joint House- ruption of terrorist attacks, including the isting organizational and cultural divides Senate Committee or, as currently exists, in events of September 11, 2001. These reviews through service in other agencies. These separate Committees in each house; the ex- should also address those individuals who joint tours should include not only service at tent to which classification decisions impair performed in a stellar or exceptional man- Intelligence Community agencies, but also congressional oversight; and how Congres- ner, and the degree to which the quality of service in those agencies that are users or sional oversight can best contribute to the their performance was rewarded or otherwise consumers of intelligence products. Serious continuing need of the Intelligence Commu- impacted their careers. Based on those inves- incentives for joint service should be estab- nity to evolve and adapt to changes in the tigations and reviews, agency heads should lished throughout the Intelligence Commu- subject matter of intelligence and the needs take appropriate disciplinary and other ac- nity and personnel should be rewarded for of policy makers. tion and the President and the House and joint service with career advancement credit 15. The President should review and con- Senate Intelligence Committees should be at individual agencies. The Director of Na- sider amendments to the Executive Orders, advised of such action. tional Intelligence should also require Intel- policies and procedures that govern the na- 17. The Administration should review and ligence Community agencies to participate tional security classification of intelligence report to the House and Senate Intelligence in joint exercises; Congress should expand information, in an effort to expand access to Committees by June 30, 2003 regarding what

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S608 CONGRESSIONAL RECORD — SENATE February 5, 2004 progress has been made in reducing the inap- Mr. GRAHAM. Mr. President, I thank I laid out three phases of the com- propriate and obsolete barriers among intel- the Senator for his comments. I par- mittee’s overall Iraq review. First, to ligence and law enforcement agencies en- ticularly appreciate his sense of ur- evaluate the quantity and quality of gaged in counterterrorism, what remains to gency to move forward on these issues the intelligence underlying prewar as- be done to reduce those barriers, and what sessments concerning Iraq; second, to legislative actions may be advisable in that and present to the Senate and the regard. In particular, this report should ad- American people a set of reforms that determine whether the analytical judg- dress what steps are being taken to insure will give them greater security. ments contained in those assessments that perceptions within the Intelligence f were objective, independent, and rea- Community about the scope and limits of sonable; third, to evaluate the accu- current law and policy with respect to re- ACTIVITIES OF THE SENATE SE- racy of those assessments by com- strictions on collection and information LECT COMMITTEE ON INTEL- paring them with the results of the on- sharing are, in fact, accurate and well-found- LIGENCE—IRAQ going investigative efforts in Iraq. ed. Mr. ROBERTS. Mr. President, I rise This afternoon, as I have stated, our 18. Congress and the Administration should today in order to update my colleagues committee members will begin reading ensure the full development of a national and reviewing the staff’s draft report, watchlist center that will be responsible for in this body on the recent activities of coordinating and integrating all terrorist-re- the Senate Select Committee on Intel- which does contain the committee’s ef- lated watchlist systems; promoting aware- ligence with respect to Iraq. This is a forts to complete the first and second ness and use of the center by all relevant subject that has been in the headlines phases of the review. The third and government agencies and elements of the consistently for many different rea- final phase will be completed when the private sector; and ensuring a consistent and sons. But my purpose in rising today is Iraq survey group completes its work comprehensive flow of terrorist names into to report to the Senate, for it is an im- in Iraq. the center from all relevant points of collec- portant day in that the Intelligence Mr. WARNER. Mr. President, will the tion. Committee members, as of this after- Senator yield for a question? 19. The Intelligence Community, and par- Mr. ROBERTS. I am delighted to noon, will be presented the working ticularly the FBI and the CIA, should aggres- yield. sively address the possibility that foreign draft of what the staff has been work- Mr. WARNER. Mr. President, I am governments are providing support to or are ing on for better than 7 months. privileged to serve on the committee involved in terrorist activity targeting the In June of last year, nearly 8 months with the Senator. There has been criti- United States and U.S. interests. State-spon- ago, the Intelligence Committee began sored terrorism substantially increases the cism, raising the inference that we a formal review of U.S. intelligence have not in the Senate been addressing likelihood of successful and more lethal at- into the existence of Iraq’s weapons of tacks within the United States. This issue this with the depth and sincerity and must be addressed from a national stand- mass destruction programs, Iraq’s ties interest we should. point and should not be limited in focus by to terrorist groups, Saddam Hussein’s I take great umbrage at that. Under the geographical and factual boundaries of threat to regional stability and secu- the leadership of the chairman and, in- individual cases. The FBI and CIA should ag- rity in the Persian Gulf, and his viola- deed, myself, we are the ones who gressively and thoroughly pursue related tion—obvious violation—of human brought David Kay up. We are the ones matters developed through this Joint In- rights. who put David Kay on the stand, the quiry that have been referred to them for This review was initiated as part of Intelligence Committee first, and be- further investigation by these Committees. the committee’s continuing oversight fore the Armed Services Committee The Intelligence Community should fully of the U.S. intelligence community’s inform the House and Senate Intelligence immediately following, and subjected Committees of significant developments in activities and programs, which is al- him to cross-examination after the de- these efforts, through regular reports and ad- ways continuing. Our committee staff livery of his report. His report is a ditional communications as necessary, and had, for the previous several months, mixed one in certain ways, in my judg- the Committees should, in turn, exercise vig- already been examining the intel- ment, but nevertheless in no way were orous and continuing oversight of the Com- ligence activities regarding Iraq, in- we not taking the initiative to bring munity’s work in this critically important cluding the intelligence community’s this to the forefront. area. support to the United Nations weapons I say also, yesterday the Armed Serv- The PRESIDING OFFICER. Who inspections in Iraq and the commu- ices Committee heard from the Sec- yields time? The Senator from Kansas nity’s analysis and collection of report- retary of Defense. The distinguished is recognized. ing related to the alleged Niger-Iraq chairman was present. He is a member Mr. ROBERTS. Mr. President, if I uranium deal. of that committee. Again, the first could have the attention of the Senator On June 20, 2003, however, Vice Chair- questions on WMD and precisely the from Florida, I thank him for his pres- man ROCKEFELLER and I issued a press question of whether or not there was entation. Essentially, I think what the statement. We announced a joint com- any manipulation or distortion came Senator suggested was the Intelligence mitment to continue the committee’s from the Chair, myself, addressed di- Committee, which is the appropriate thorough review of prewar U.S. intel- rectly to the Secretary. committee of jurisdiction, have hear- ligence. In that press statement, Sen- Any objective analysis of the reports ings and take a look at the rec- ator ROCKEFELLER and I agreed to ex- out of that hearing this morning—it ommendations he just outlined as a re- amine the following: the quantity and was covered by the press—he faced it sult of the investigation by the House quality of U.S. intelligence on the Iraqi head on and answered those questions. As we are speaking, I just departed and Senate on the 9/11 tragedy. As I regime’s weapons of mass destruction the television where Director Tenet is have indicated to the Senator before— programs, its ties to terrorist groups, now addressing the Nation. So I think and he has written me a letter—both the regime’s threat to stability and se- the President and his principal depu- Senator ROCKEFELLER and I think that curity in the region, and its repression ties are facing square on these complex is most appropriate, and we intend to of its own people. issues, as is the Senate. hold hearings just as soon as we can We also agreed to look at the objec- I commend the chairman, and per- get our current inquiry on the prewar tivity and the reasonableness, inde- haps he will agree with my observa- intelligence in Iraq out in a situation pendence, and accuracy of the judg- tions. where we can present it to the public. ments reached by the Intelligence Mr. ROBERTS. Mr. President, I fully I think the Senator has provided a val- Community; whether those judgments agree with the distinguished chairman uable service. were properly disseminated to policy- of the Armed Services Committee, and One of the important aspects when makers in the executive branch and the I am very proud to serve on that com- discussing intelligence is not only to Congress; whether—and this is very im- mittee, as well as privileged being the find out the accuracy and timeliness of portant—any influence was brought to chairman of the Intelligence Com- the prewar intelligence but also to bear on anyone to shape their analysis mittee. really get into the recommendations to support policy objectives; finally, We discussed this at great length. All on how we fix things. The Senator has other issues we might mutually iden- members of these committees dis- done us a good service. We will have tify in the course of the committee’s cussed it at great length. We have a re- hearings on these recommendations. review. sponsibility to the American people to

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S609 fully investigate this and to publicly, In the same letter, the community that. I only hope that members will when we can, when we are not dealing stated it had uncovered an additional not prejudge the report—there has been with any classified information, tell six volumes of intelligence material activity in the past indicating plans to the American people what they should that supported its assessments on do just that; I hope that does not hap- know and have a right to know. We are Iraq’s WMD programs, and the commu- pen—and that they will take the time proceeding in that fashion. We are tak- nity did provide the contradictory in- to actually read the information in ing this very seriously, which is why I telligence information in late Novem- order to make informed critiques of am trying to summarize now for the ber. the material. Senate and for all those who may be in- I want my colleagues to realize that This report can have a profound im- terested in this issue precisely what we this has been an extremely thorough pact—it will have a profound impact— have done to date in regard to the In- undertaking. During the 8 months of on the future of our intelligence com- telligence Committee. the committee’s review, our committee munity as we face the threats of a new The Senator is exactly right, he has staff submitted almost 100 requests for century. However, this can only be taken the lead in the Armed Services supplemental intelligence information, done if colleagues on both sides of the Committee with the appropriate people received over 30,000 pages of documents aisle put aside election year politics within the military, and I thank him in response to those requests, and re- and review the facts in an objective for his contribution. viewed and analyzed each document and unbiased manner. Mr. WARNER. Mr. President, I thank that was provided. Mr. President, how much time do I the Senator. Additionally, our committee staff have remaining? Mr. ROBERTS. Mr. President, our re- have interviewed more than 200 indi- The PRESIDING OFFICER. The Sen- view in the Intelligence Committee viduals, including intelligence ana- ator from Kansas has 9 minutes re- began in earnest in early June of last lysts, senior officials within the Cen- maining. year when the intelligence community tral Intelligence Agency, Defense Intel- Mr. ROBERTS. Mr. President, I wish did provide our committee with 19 vol- ligence Agency, Department of De- to read a statement by Winston umes—19 volumes, floor to ceiling—and fense, Department of Energy, Depart- Churchill which I think has application they contained approximately 15,000 ment of State, National Ground Intel- to the inquiry we are conducting in the pages of intelligence assessments and ligence Center, the Air Force, and the Intelligence Committee and the whole sources and source reporting under- Federal Bureau of Investigation. issue in regard to the credibility and lying the assessments of the Hussein They have also questioned former in- the timeliness of intelligence prior to regime’s WMD programs. They also telligence analysts, national intel- the war in Iraq. Sir Winston Churchill pertained to ties to terrorist groups, ligence officers, operations officers, said this upon hearing about the at- the threat to stability and security in collection managers, signals intel- tack on Pearl Harbor: ligence collectors, imagery analysts, the region, as I have said before, and Silly people, that was the description the repression of his own people. nuclear experts with the International many gave in discounting the force of the Our committee staff began imme- Atomic Energy Agency, ambassadors, United States. Some said they were soft, diately to read and analyze every re- former United Nations inspectors, De- others that they would never be united— port provided to determine how intel- partment of Defense weapons experts, Let me repeat that. ligence analysts reached their conclu- State Department officials, and staff That they would never be united, that they sions and whether any assessments members of the National Security would never come to grips. They would never Council. were not supported by the intelligence stand bloodletting. Their system of govern- Additionally, the committee has held provided to the committee. ment and democracy would paralyze their three hearings on aspects of United Our committee staff endeavored to war effort. States intelligence on Iraq, a hearing the greatest extent possible to dis- Let me repeat that. on the Iraq-Niger connection, a brief- regard—to disregard—postwar revela- Their system of government and democ- ing by the CIA and State Department tions concerning Iraq in order to rep- racy would paralyze their war effort. inspectors general on their review of Now we will see the weakness of this nu- licate the same analytical environment the Iraq-Niger issue, and a hearing on merous but remote, wealthy and talkative enjoyed by the intelligence community the history and the continuity of weap- people. analysts prior to the war. ons of mass destruction assessments Referring to Americans. In late August and early September that pertain to Iraq. of 2003, our committee staff did request But, I have studied the American Civil War These efforts have enabled our com- fought out to the last desperate inch. Amer- additional intelligence to substantiate mittee staff to develop a full under- ican blood flowed in my veins. I thought of a the intelligence community’s assess- standing of the quantity and quality of remark made to me 30 years before: The ments which staff judged were not suf- intelligence reporting supporting the United States is like a gigantic boiler. Once ficiently supported by the intelligence intelligence community’s prewar as- the fire is lighted under it, there is no limit that had been previously provided. Not sessments. to the power it can generate. It is a matter only did we ask for the original infor- Our committee staff have also gained of resolve. mation, but when we were not satis- an understanding of how intelligence I am concerned in what appears to be fied, we asked for more; we demanded analysts throughout the community almost a blast furnace of politics at a more. used that intelligence to develop their very early time, in an even-numbered Our committee staff began to receive assessments on these issues and how year—and I understand that. I know this additional supporting intelligence those assessments were actually dis- politics is not bean bagged, and I know in October of 2003. In late October, the seminated to policymakers, and wheth- that my colleagues have very serious staff requested any intelligence which er those assessments were reasonable, differences of opinion, as we will on the had not already been provided that objective, independent, or if there was committee, but I hope what Sir Win- contradicted the intelligence commu- any political consideration and, again, ston said: ‘‘Some said they were soft, nity’s prewar analysis in regard to whether any influence was brought to others that they would never be united Iraq. bear to shape their analysis to support . . . their system of government and For example, the committee staff re- any policy objective. democracy would paralyze their war ef- quested intelligence that showed Iraq The professional bipartisan staff of fort,’’ is not true in regard to the glob- had not reconstituted its nuclear pro- the Intelligence Committee I think has al war on terrorism. I have some con- gram, had not renewed the production done an outstanding job. It is a very cerns about that. of chemical agents, and had abandoned complete job. For the next 3 weeks, I indicated at the first, when I knew an offensive biological weapons pro- however, it will be the members of the it was our responsibility and obliga- gram. In early November of 2003, the committee, our turn to do our work by tion, in working with the distinguished intelligence community wrote to the reading and reviewing and suggesting vice chairman of the Intelligence Com- committee that it was working to pro- any changes to the report. mittee, that we would do our job and vide the contradictory intelligence we I only hope that members will not that we would do it just as bipartisan requested. prejudge the report. Let me repeat as we possibly could, that it would be

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S610 CONGRESSIONAL RECORD — SENATE February 5, 2004 thorough. It is my view that this draft missed perhaps in our intelligence and think the intelligence was what it report, and then what the Members law enforcement community before 9/ should have been. It was inadequate, will agree to, will be the most thor- 11. It should not be approached, maybe even inaccurate. But why? ough review of the intelligence commu- though, with the idea of condemning There was large agreement not only nity in the last decade. I also said that some particular individual but finding within our community but also with we will make every effort to hold pub- out what happened: Why did we not do agencies from around the world. lic hearings, because the American a better job? What did we not know? Has my time expired? people have a right to know, and we And more importantly, what are we The PRESIDING OFFICER (Ms. MUR- will let any political chips fall any way going to do about it? KOWSKI). The Senator’s time has ex- they want to fall. I am tired of oops hearings that hap- pired. I yield the floor. pen after the fact and nothing really Mr. LOTT. I believe the Senator from The PRESIDING OFFICER. Who changes. Are we going to make a real Kansas yielded to me some more of his yields time? Under the previous order, change this time? Can we do a better time, if I could inquire about using an the majority leader controls the next job with our intelligence, and our intel- additional 2 minutes. The PRESIDING OFFICER. Under 231⁄2 minutes and the Senator from ligence community? I think we can. 1 By the way, when we start pointing a the previous order, the majority leader California then would control 23 ⁄2 min- 1 utes. The Senator from Mississippi. finger of blame, we better look in the or his designee has 24 ⁄2 minutes. Mr. LOTT. Madam President, I yield Mr. LOTT. Mr. President, with the mirror first. We have had these intel- myself an additional 2 minutes of time Senator’s agreement I will go ahead ligence committees since the 1970s. We that has been designated for the leader and proceed since we did have, I think, have known that their budget has not or Senator ROBERTS. I will be brief be- about 27 or so minutes. been adequate through much of the cause I know Senator FEINSTEIN is Mr. ROBERTS. I yield the floor. May 1990s. We have known that we lost our ability to have human intelligence, waiting. I inquire as to how much time I have Mr. ROBERTS. Will the Senator remaining? people on the ground. It became politi- cally incorrect in the 1970s to have the yield? The PRESIDING OFFICER. The Sen- Mr. LOTT. I would be glad to yield. ator from Kansas has 5 minutes re- head of, say, a financial institution in Buenos Aires to be headed by an Amer- Mr. ROBERTS. I think the original maining. order has it that the majority leader or Mr. ROBERTS. I ask unanimous con- ican who was an agent, or a journalist who was working for a newspaper but his designee will be recognized for the sent that that time be yielded to the next 24 minutes. In discussing this with distinguished Senator from Mississippi. was an agent. We have made it ex- tremely difficult. We have become too Senator FEINSTEIN, I know she has The PRESIDING OFFICER. Is there waited patiently and she has 22 min- objection? Without objection, it is so caught up in sophistication, thinking we could get enough with satellites or utes reserved. ordered. I ask unanimous consent that after The Senator from Mississippi is rec- with technology. It is not enough. I think what we need to do is lower the remarks of Senator LOTT Senator ognized for 5 minutes. the rhetoric. I know this is a political FEINSTEIN be recognized for her re- f year, an election year. Everything is marks and we would reserve the re- KEEPING POLITICS OUT OF INTEL- going to be somewhat political on both mainder of our time. LIGENCE COMMITTEE FUNCTION sides, but can we spare one thing, just The PRESIDING OFFICER. Is there objection? Without objection, it is so Mr. LOTT. Mr. President, let me first one thing, from the political agenda? Can we not separate out intelligence ordered. commend and congratulate Senator Mr. LOTT. Madam President, I con- and how we support it? Can that not be ROBERTS, the chairman of our Select clude by talking about what we should bipartisan? Now there is a call for an Committee on Intelligence, for the do now. The Intelligence Committee leadership he is giving on that very im- independent commission. We have even dropped ‘‘bipartisan.’’ Now it is ‘‘inde- should do its job. We should not jump portant committee. It is a very impor- to conclusions. Let’s review the report. tant and difficult assignment. pendent.’’ Who decides that it is independent? Let’s do our homework. We pushed so I thought his statement today was a Some people are indicating if the much of it off on our staff, now it is very good one. I jokingly said, but I President calls for an independent time we do it ourselves. Let’s read meant it sincerely, I could not quite commission, one to which he appoints what is in there and then let’s decide tell when he went from quoting good men and women, that is not inde- what recommendations we are going to Churchill to speaking for himself be- pendent, but if it is one established by make. cause the eloquence was very close. the Congress where we name Repub- Why do we have these committees He makes a plea that is so important, licans and Democrats; that is inde- that are evenly divided? I have studied and that is: Do not prejudge what the pendent. the history. I have been involved in subcommittee is going to do. Members Quit the blame game. Ask legitimate how the Intelligence Committee works. of the Intelligence Committee should questions. Work together. Draw con- We have carefully tried to make sure not prejudge the information we are clusions and, more importantly, take we put our best on that committee and going to receive in the staff report. We action. Intelligence is so critical. In that it is equally divided and that it is should work together to see what we some respects it is even more critical not partisan. The same thing in the have and what conclusions we reach than defense spending, because if we do House. Now it is time we lead and show and what should be done. That is our not have good intelligence and if we do some direction. job. not have a reliable intelligence appa- I hope we will take some action. I am I acknowledge that this is another in ratus that works with our defense, our for actually making some really ag- a series of what has been described in men and women are exposed to uncer- gressive rules. I am not sure our intel- many different ways but I just refer to tainty, unknown difficulty, and death. ligence community is set up properly. I it as ‘‘oops’’ hearings—oops, we missed We are talking about the lives of don’t like the idea that we have 13 dif- something here. But it has been going young men and women. Is it good that ferent agencies running around. Who is on for years. we are condemning and revealing infor- in charge, who coordinates and asks There was not a clear indication of mation about the quality of our intel- them and directs them? I think there what was happening in the Soviet ligence community while our men and are some problems there. Union, that they were imploding eco- women are today in Iraq, Afghanistan, Then there are those saying we need nomically and they did not have the and all over the world, who are relying an independent commission. The Presi- strength we thought they did in the de- on the ability of our agents, the CIA, dent said we should have one. Let’s do fense area. We had Khobar Towers. We the DIA, the different organizations we everything we can to find out the facts have had a series of events that our in- have doing intelligence? Even doing and see the recommendations and take telligence did not pick up. Once again, that is dangerous, in my opinion. action and reassure ourselves and the we find ourselves now, with the 9/11 We should do our work. I am not American people. Now that is being Commission, working to see what we happy with the intelligence. I do not condemned.

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S611 I think we should do our work in the does not have access to the President’s dented step of a unilateral preemptive Intelligence Committee. Let the Presi- daily intelligence briefs, nor have we invasion of another sovereign nation. dent appoint this independent commis- had, to the best of my knowledge, Just two days ago Secretary Powell, sion. Let’s do this job in a responsible through this investigation. asked if he would have recommended way and not rush to judgment. I was very pleased to see that over an invasion knowing Iraq had no pro- There will be efforts today to say, the past weekend the President has ap- hibited weapons, replied: ‘‘I don’t know well, the report is totally inadequate, parently reversed course, accepting the because it was the stockpile that pre- before the Senators even read the re- recommendations from Dr. Kay, from sented the final little piece that made port. I realize Senators don’t like to Members of the Senate, and from a it more of a real and present danger have lengthy sessions of reading mate- host of experts to the effect that only and threat to the region and to the rial to review these recommendations. a full and outside investigation will be world.’’ He added: ‘‘The absence of a But never before has it been more im- able to be both credible and acceptable stockpile changes the political cal- portant that we do this right. to the world at large. culus; it changes the answer you get.’’ I think we should make changes. I I did not believe so before. I voted Second, was such a threat imminent personally think there need to be some against the Corzine resolution when it or was it grave and growing? Critical personnel changes. That may not be came up before. I changed my mind be- to this debate during the Summer and my decision. But hopefully I can help cause if we, the elected representa- Fall of 2002 was the immediacy of the get a result that will make sure we tives, are not permitted to look into threat which supported the argument don’t have another, ‘‘Oh, my God, what the use of intelligence as provided by that we needed to attack quickly, didn’t we know?’’ hearing. This is too S. Res. 400, and it has to be an outside could not wait to bring traditional al- serious. I urge my colleagues on both committee that will have that right, so lies aboard or to try other options sides of the aisle, let’s do our job, let’s be it. But I find it to be really idiosyn- short of invasion. do it in a nonpartisan way, and let’s cratic, because I believe the full power The second question is: Whether the try to keep politics, as much as we can, should be vested in the officials of our intelligence assessments were bad as at least out of Intelligence. Government, of which the Senate plays well as wrong. I yield the floor. a very major role, not necessarily al- This requires a fine distinction be- The PRESIDING OFFICER. The Sen- ways an independent committee, as it tween an intelligence assessment that ator from California. appears to be happening. is wrong, and one that is bad. Intel- f Such a commission, though, will be ligence assessments are often wrong, able to remove some of the partisan- for by their nature they are an assess- INDEPENDENT COMMISSION ON ship that has infected this issue and, I ment of the probability that a future INTELLIGENCE hope, provide a reasoned, careful, and event will take place. But wrong does Mrs. FEINSTEIN. Madam President, credible assessment. I am concerned not always mean bad. Sometimes an I thank the chairman of the Intel- that the President has let it be known intelligence assessment follows the ligence Committee for his remarks. I he intends to appoint all of the mem- right logic and fairly assesses the think he well and ably set out the bers of the commission and carry this amount, credibility and meaning of structure of what we are doing. out through Executive Order. This I be- collected data, and still is wrong. What I also thank Senator LOTT for his re- lieve will adversely affect the commis- the independent commission needs to marks, particularly the remarks that sion’s independence. do is to separate these two different, said we should work together. That has Let me give you an example. Many but related, issues. been one of the problems. I want to go believe the handling of the National The third question is to determine— into that. Commission on Terrorist Attacks on if the intelligence assessment was both But before I do, I would like particu- the United States—that is a Commis- bad and wrong—to what degree and larly to thank the Senator from Flor- sion now functioning—headed by Gov. why? ida, the former chairman of the Senate Thomas Keane and Congressman Lee Did the intelligence community neg- Select Committee on Intelligence, for Hamilton, is a case in point. There ligently depart from accepted stand- his three speeches. I had the privilege have been many reports that chronic ards of professional competence in per- of previewing these. I think he deliv- delays in providing documents and foot forming its collection and analytic ered them eloquently and forcefully. I dragging in arranging interviews have tasks? want him to know I very much appre- frustrated the efforts of this Commis- Was the intelligence community sub- ciate his careful scholarship and his sion to complete its work within the ject to pressures, personal or struc- reasoned approach, which mark not timeline the White House insisted tural, which caused it to reach a wrong only his remarks here but also his ten- upon. result through bad analysis? ure as chairman of the Intelligence The Commission is asking for an ex- Were the ordinary internal proce- Committee. He has presided over what tension of time and Senators MCCAIN dures by which intelligence is subject continues to be one of the most dif- and LIEBERMAN have introduced legis- to peer review properly carried out? ficult chapters in the history of our in- lation to do so. I understand the Presi- A commission must delve deeply into telligence community. dent yesterday agreed to extend this the mechanisms of intelligence anal- Senator LOTT has just said, with con- timetable to July 26 of this year. I ysis to reach these answers. siderable spark, that we should work strongly believe the Commission The fourth and final question is together. I could not agree more. should be given whatever time it needs whether the intelligence assessments Second, the committee has been pre- to complete its examination and we, in reached by the intelligence commu- vented from examining the use of intel- fact, should pass the McCain-Lieber- nity, whether right or wrong, good or ligence by policymakers. This I believe man bill. bad, were fairly represented to the Con- is a real problem. Our own resolution Nevertheless, it is my hope that a gress and to the American people. Did sets out that we should be able to ex- commission, whether it is created by administration officials speaking in amine the use of intelligence by policy- Executive order or by statute, will be open and closed session to members of makers and administration officials. able to answer four questions. Congress accurately represent the in- To a great extent this is the reason we The first is: Were the prewar intel- telligence product that they were rely- are here today creating an independent ligence assessments of the dangers ing upon? Were public statements, commission which will have more au- posed by Saddam Hussein’s regime speeches and press releases, fair and ac- thority than the elected officials of wrong? This is not as simple a question curate? This is the cauldron boiling this Government have. as it seems, for in the months prior to below the surface. I learned this morning that the inde- the invasion of Iraq these assessments This final question is particularly pendent commission that is func- had two separate, equally important grave, because it touches upon the con- tioning today has access to the Presi- parts. The first is whether Iraq had the stitutionally critical link between the dent’s daily intelligence briefs. The In- capability to place the United States in executive and legislative branches. The telligence Committee of the Senate such danger as to warrant the unprece- Founders knew what they were doing

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S612 CONGRESSIONAL RECORD — SENATE February 5, 2004 when they developed a shared responsi- President Bush said, on October 2, departs from core American values. We bility for war making—only Congress 2002, in Cincinnati: ‘‘Facing clear evi- must be strong in defense but not allow can declare war, with the President, as dence of peril, we cannot wait for the this country to become an aggressive Commander in Chief, conducting it— final proof, the smoking gun that may nation of conquest. and the need is vital for Members of come in the form of a mushroom I also believe the doctrine runs Congress to have fairly presented, cloud.’’ counter to 50 years of bipartisan Amer- timely and accurate intelligence when I remember hearing this speech, ican foreign policy, which is based on they consider whether to invest the which made a deep impression upon the belief that international law, mul- President with the authority as Com- me. tilateral agreements, and diplomacy mander in Chief to put American lives, The President of the United States are also effective means to promote as well as those of innocent civilians, said this. Members of the Intelligence and to protect American security. at risk. Committee are looking at intelligence. Finally, and on a more fundamental My vote, in particular, was based When combined with the President’s and practical level, the doctrine re- largely on intelligence, and statements statements, the statements of the Sec- quires a faith in the perfectibility of about that intelligence, related to retary of State and the statements of intelligence analysis that is simply not Saddam’s certain possession of chem- the Vice President, how can you not attainable. Preemption inherently re- ical and biological weapons and the believe them? That is why this com- quires us to be right every time on the probability or likelihood, that he had mittee’s investigation into the use of nature and imminence of threats. both weaponized and deployed them. intelligence which we have been pro- Unfortunately, as every senior intel- Also, the fact that he had violated the hibited from entering into is so impor- ligence official to whom I have spoken U.N. missile restrictions and possessed tant that we do. We are the official tells me, intelligence is rarely going to a delivery system for a chemical or bi- people’s representatives on this Com- be that accurate, for the very reason I ological warhead, and could deliver mittee on Intelligence, and to cut us have mentioned earlier it is, at its that warhead 600 miles, threatening out from one part of an investigation heart, probability analysis. other Middle Eastern nations or per- that our own resolutions say we should This past weekend, Dr. Kay spoke to haps, from offshore, the United States. look at, I think, is unconscionable. this issue, saying, and I quote, ‘‘if you There were many statements made When all of this is combined with the cannot rely on good, accurate intel- by the administration that when com- intelligence provided to Congress, the ligence that is credible to the Amer- bined with the intelligence created an aerial photographs of what was be- ican people and to others abroad, you overwhelming case, I think particu- lieved to be chemical weapons plants, certainly can’t have a policy of pre- larly for me and for many others. I and the National Intelligence Estimate emption.’’ don’t think there would have been 77 of October 2002, this information cre- The preemptive concept bets every- votes in the Senate to authorize use of ated an overwhelming belief that there thing on one roll of the dice and we had force had these statements not been was an imminent threat to our Nation, better be right every time. made. and a dominant majority of the Senate I spoke about this when the doctrine Let me give just five examples of of the United States voted for the reso- was announced and offered the hypo- such statements: lution authorizing the use of force. thetical of a preemptive attack based Secretary of State Powell, on Sep- You can imagine my surprise that on intelligence that was wrong, that tember 8, 2002, said on Fox News Sun- after more than 1,500 sites—top pri- results in destruction and death, and day: ‘‘There is no doubt that he has ority sites—have been searched and undermines American credibility and chemical weapons stocks.’’ He also millions of dollars spent on Dr. Kay’s our position around the world. The hy- said: ‘‘With respect to biological weap- special investigation, no weapons have pothetical, so far, at least, is true in ons, we are confident that he has some been found. And Dr. Kay submits to us Iraq. stocks of those weapons, and he is that he does not believe any will be I hope the President and his advisers probably continuing to try to develop found. will reconsider the ill-advised adoption more.’’ So the reality of what has been of preemption in light of what we have President Bush, on September 12, learned in Iraq versus the intelligence already learned from its first exercise. 2002, said in his address to the U.N. presented to us causes enormous con- The second thing the Congress should General Assembly: ‘‘Right now, Iraq is cern. do, and do now, is begin the process of expanding and improving facilities Again, I truly believe that had it not restructuring the intelligence commu- that were used for the production of bi- been for the strength of the intel- nity and begin by taking a single, crit- ological weapons.’’ ligence and statements made to Con- ical step: Pass legislation creating a President Bush, in his October 7, 2002, gress, including the Senate Select Director of National Intelligence and address also said: ‘‘We know that the Committee on Intelligence, a vote for change from the current situation regime has produced thousands of tons regime change alone, without the be- where a single man is both head of the of chemical agents, including mustard lief of an imminent threat, would not entire intelligence community—with gas, sarin nerve gas, and VX nerve have had the majority it did, may well its 15 departments and agencies—and gas.’’ not have passed, and if it did, most the head of the Central Intelligence Secretary Powell, again in his Feb- likely would have passed with a bare Agency. It is an impossible job with in- ruary 5, 2003, address to the U.N. Secu- majority. sufficient authority. rity Council, said: These statements and the intel- I have introduced legislation that Our conservative estimate is that Iraq ligence upon which they were based would accomplish this in both the 107th today has a stockpile of between 100 and 500 now appear to be unsupported by the and 108th Congresses. Each time I tons of chemical weapons agent. That is available evidence, and have been con- stood on this floor to urge its passage enough agent to fill 16,000 battlefield rock- tradicted by Dr. Kay’s findings. A com- and each time I expressed my belief ets. Even the low end of 100 tons of agent mission must look closely at these and that the current structure could result would enable Saddam Hussein to cause mass other similar statements. in a colossal intelligence failure. casualties across more than 100 square miles Even as the commission moves for- In June of 2002, I said: ‘‘This legisla- of territory, an area nearly 5 times the size ward, I believe Congress should under- tion creates the Director of National of Manhattan . . . when will we see the rest of the submerged iceberg? Saddam Hussein take two related tasks. The first is to Intelligence to lead a true intelligence has chemical weapons. Saddam Hussein has carefully review the implications of community and to coordinate our in- used such weapons. And Saddam Hussein has the President’s so-called preemption telligence and anti-terrorism efforts no compunction about using them again, doctrine. I have strongly criticized this and help assure the sort of communica- against his neighbors and against his own policy since its inception. Although, tion problems that prevented the var- people. clearly, the United States will always ious elements of our intelligence com- What a strong statement—a state- retain the right to defend itself in spe- munity from working together effec- ment that has to be backed up with al- cific circumstances from a real, immi- tively before September 11 never hap- most certain facts. nent threat, preemption as a doctrine pen again.’’

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S613 I fear it has happened again. Once use of force in Iraq was perhaps the the world by removing Saddam Hussein from more, I stand in the Senate to urge the most difficult, and consequential, vote power? passage of the legislation. of my career. It was a decision based on Mr. Kay: It has to be pointed out that our hours of intelligence briefings from ad- Absolutely. present intelligence structure for the ministration and intelligence officials, Senator KENNEDY: most part is based on a post-World War plus the classified and unclassified II, cold-war environment. It is not suit- Many of us feel that the evidence so far versions of the National Intelligence leads only to one conclusion: That what has ed for the new challenges of asym- Estimates. My decision was in part happened was more than a failure of intel- metric threats and non-state entities, based on my trust that this intel- ligence, it was the result of manipulation of as well as quite possibly from states ligence was the best our Nation’s intel- the intelligence to justify a decision to go to also involved in terrorism. We have a ligence services could offer, untainted war . . . Soviet-era intelligence community in a by bias, and fairly presented. It was a Mr. Kay: post-Soviet world. decision made because I was convinced All I can say is if you read the total body We need to have a Director of Na- that the threat from Iraq was not only of intelligence in the last 12 to 15 years that tional Intelligence now more than ever grave but imminent. flowed on Iraq, I quite frankly think it would and we should not wait any longer for Because of my vote, and the votes of be hard to come to a conclusion other than the results of another commission. I re- the 76 other Senators who voted for the Iraq was a gathering, serious threat to the mind my colleagues that creating a Di- resolution, our troops are stuck in world with regard to weapons of mass de- struction. rector of National Intelligence was the Iraq, under fire, and taking casualties. very first recommendation of the bi- Our armed forces are stretched thin; we He went on to say: partisan Joint Inquiry into the At- have antagonized our enemies and I think the world is far safer with the dis- tacks on September 11, a recommenda- alienated many of our closest allies. appearance and removal of Saddam Hussein. tion contained in a report signed by In the post-9/11 world, a world where I have said I actually think this may be one of those cases where it was even more dan- every member of the Intelligence Com- we confront asymmetric threats every mittees of the Senate and the House. gerous than we thought. I think when we day, intelligence plays a key role in- Senator GRAHAM spoke earlier about have the complete record you’re going to dis- forming the policy-making process. this provision, and I agree with his ex- cover that after 1998 it became a regime that The administration bears primary re- was totally corrupt. Individuals were out for planation of the pressing need for the sponsibility for our intelligence appa- their own protection. And in a world where change. ratus—ensuring that it works well, is we know others are seeking weapons of mass Such a position, if created today, destruction, the likelihood at some point in would provide substantial improve- honest, and is properly focused. The ad- ministration is also responsible for the future of a seller and a buyer meeting up ment in the function and quite possibly would have made that a far more dangerous the restructuring of the more than one honestly and fairly presenting the re- country than even we anticipated with what dozen agencies and departments. It sults of the intelligence process to the may turn out not to be a fully accurate esti- would give one person, appointed by Congress, informing, for instance our mate. the President for a 10-year term, the vote on the resolution to authorize Senator MCCAIN: statutory authority to determine force. Saddam Hussein developed and used weap- strategies across the board, to set pri- I now fear that the threat was not ons of mass destruction; true? imminent, that there were other policy orities, and to assign staff and dollars Mr. Kay: options, short of war, that would have across departments and agencies. Absolutely. It is my understanding the Senate effectively met the threat posed by Senator MCCAIN: Select Committee on Intelligence will Saddam Hussein. take up this legislation in 2004, I am And that is why a full investigation He used them against the Iranians and the Kurds; just yes or no. told, in April. It is my hope that work- of the prewar intelligence is so critical. ing together we can include this legis- The PRESIDING OFFICER. The Sen- Mr. Kay: lation as part of the Intelligence Au- ator from Texas. Oh, yes. thorization Act for fiscal year 2005 and Mrs. HUTCHISON. Madam President, Senator MCCAIN: make it law this Spring. I would like to be notified when I have OK. And U.N. inspectors found enormous As I have said earlier, the so-called used 10 minutes. quantities of banned chemical and biological ‘‘bipartisan’’ investigation by the Sen- The PRESIDING OFFICER. Without weapons in Iraq in the ’90s. ate Select Committee on Intelligence objection, it is so ordered. Mr. Kay: has had little effective participation by f Yes, sir. Democratic Senators, or their staffs. In U.S. INTELLIGENCE Senator MCCAIN: fact, in many ways had the Intelligence Committee been able to carry out its Mrs. HUTCHISON. Madam President, We know that Saddam Hussein had once a responsibilities, as set for in Senate we have heard a number of speakers in very active nuclear program. Resolution 400, much of the debate on the Senate this week. It has been an Mr. Kay: the floor on this issue would be unnec- important week. We have had the testi- Yes. essary. Nonetheless, I look forward to mony of David Kay, the United Nations Senator MCCAIN: this afternoon when the report will be inspector who just came back from And he realized and had ambitions to de- made available to committee members. Iraq. We had the reaction to his testi- velop and use weapons of mass destruction. mony. We had reports from the Senate I deeply believe that the Senate Se- Mr. Kay: lect Committee on Intelligence should Select Committee on Intelligence. And Clearly. turn its attention to its core respon- today we are going to have a major sibilities—conducting vigorous over- speech by the Director of the Central Senator MCCAIN: sight of the intelligence community, Intelligence Agency, George Tenet. So the point is, if he were in power today, and carefully considering legislation to It is very important that we put in there is no doubt that he would harbor ambi- make necessary changes. To that end I perspective what is happening and the tions for the development and use of weapons steps that should be taken to ensure we of mass destruction. Is there any doubt in urge Chairman ROBERTS to take up leg- your mind? islation restructuring the Intelligence are addressing the problems correctly. Community, including, but not limited First, Mr. Kay, who is totally cred- Mr. Kay: to, my bill to create a Director of Na- ible on the issue of weapons of mass de- There’s absolutely no doubt. And I think tional Intelligence, hold comprehensive struction, made the following state- I’ve said that, Senator. hearings on these proposals, and report ments in his Armed Services Com- So I think, when we look at the testi- out legislation in time for inclusion in mittee testimony. mony of the man who has been on the this year’s Intelligence Authorization Senator MCCAIN asked the question: ground, who has searched for the weap- bill. [Y]ou agree with the fundamental principle ons of mass destruction, who knows As I have said earlier, my vote in here that what we did was justified and en- what all the clues are, who knows what favor of the resolution to authorize the hanced the security of the United States and the body of intelligence was—and he

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S614 CONGRESSIONAL RECORD — SENATE February 5, 2004 says it really could have been more one of our soldiers or an Iraqi citizen. The PRESIDING OFFICER. Without dangerous than we even ever thought— Yes, it hurts. objection, it is so ordered. I think we have to assess that in the But do the people of Iraq today have Mr. INHOFE. At this point, I will context of all of the rhetoric we are a better chance to live in freedom and yield to the Senator from Iowa, and hearing about second-guessing a deci- prosperity than they had the entire following his remarks I will seek to be sion that was based on what we had at time they had been ruled by a despot? recognized. the time. Absolutely. Do the people of Afghani- (Mr. ENSIGN assumed the Chair.) Senator FEINSTEIN said we should stan today have the hope for a future Mr. GRASSLEY. Madam President, I relook at our intelligence-gathering or- of freedom more than they had under want to address the consideration that ganization. I do not think anyone the Taliban and the other despots the Senate Finance Committee gave to would disagree with that, including the under whom they have been buried for the portion of the highway bill that de- President of the United States. all these years? Oh, yes. They have a termines the size of the trust fund, In our first effort to address the constitution that is getting ready now source of the trust fund, and our com- issues of the failure that led to 9/11, we to become implemented that actually mittee’s decisionmaking over that. all tried to look at the intelligence says women will be equal in that coun- And my speaking to the Senate is failures, to look at the things that did try. based on the proposition, thus far, that not compute, to look at the commu- We have come a long way. we are moving ahead with the total nications systems that did not match The PRESIDING OFFICER. The Sen- highway package the way that has up. We tried to put a grid in place in ator has used 10 minutes. been suggested by the Senate Environ- the agency that was created for home- Mrs. HUTCHISON. Madam President, ment and Public Works Committee, land security that would allow all of I ask the distinguished Senator from Senate Banking Committee, and the the intelligence gathering that is done Oklahoma if he would like to extend Senate Commerce Committee, with my in and for our country to be put the time or is he prepared to go to the committee working in cooperation through a grid to warn us when there highway bill. with those three committees, at that was an imminent danger. The PRESIDING OFFICER. The Sen- level of expenditure. Let’s talk about what the result has ator from Oklahoma. Somehow, if the President, in suc- been because we have tried to address Mr. INHOFE. Madam President, we ceeding days, would say he is not going those failures. We have prevented po- are prepared to go back to the bill at to sign a bill that is that big, I will tential terrorist acts. We know we pre- this time. moderate my remarks to conform with vented an airliner from being blown up Mrs. HUTCHISON. Thank you. that. But right now, all I know is what Madam President, let me end by say- because a very smart flight attendant this body has done in three of its com- ing I hope we will come together and saw a man get ready to strike a match mittees to arrive at where we are now. support the President in his initiatives and light his shoe. We know from that I want to address, within that frame- to get to the bottom of this issue. The work and that environment, the work experience what to look for in an air- President is looking out for the United of our committee. line passenger, and we have refined the States of America, and we do not need I will particularly speak about some system. We have seen flights canceled partisan rhetoric on an issue such as other Members of this body who lack a because there was a suspicion there this. We need to come together. That is consideration of the hard work that might be something going on. Who what we must do. has been put into this product, as well knows what was prevented in that in- Thank you, Madam President. I yield as their philosophical objections to stance? the floor, and I yield back the time what we have done. I don’t have any We have seen arrests in very remote that was allocated for morning busi- question that any Senator can have parts of our country because of intel- ness. any philosophical objections to any- ligence gathering. We have not had a f thing he wants, but I want everybody terrorist attack on our country since in the Senate to know that the 21 the time we were attacked on 9/11. We SAFE, ACCOUNTABLE, FLEXIBLE, members of the Senate Finance Com- have had attempts, but we, because we AND EFFICIENT TRANSPOR- mittee did not take this product light- have processes in place from what we TATION EQUITY ACT OF 2003 ly. have learned, have thwarted those at- The PRESIDING OFFICER. Under There has been a lot of harsh criti- tempts, including one this week in the the previous order, the hour of 10:50 cism of the upcoming Finance Com- . having arrived, the Senate will resume mittee title of this highway bill. So, yes, we need to relook at our in- consideration of S. 1072, which the What I will do is lay out the context telligence gathering. Yes, we are learn- clerk will report. of the funding portions of this legisla- ing every day. And, yes, the President The assistant legislative clerk read tion and respond to this harsh criti- of the United States has already said as follows: cism. The role of the Finance Com- he will have an independent investiga- A bill (S. 1072) to authorize funds for Fed- mittee on the highway bill is centered tion of our intelligence gathering that eral-aid highways, highway safety programs, on the highway trust fund raising, not led to the invasion of Iraq. He has said and transit programs, and for other purposes. expending, funds. Finance Committee he would do that. The President has Pending: jurisdiction involves the Federal excise also agreed to the extension asked for Modified committee amendment in the na- taxes, the highway trust fund, and the by the 9/11 Commission, the bipartisan ture of a substitute. expenditure authority of the trust commission that is looking into what Dorgan amendment No. 2267, to exempt fund. The Finance Committee has happened before and during the 9/11 in- certain agricultural producers from certain acted in all of these areas as recently cident. He has said, yes, I will agree to hazardous materials transportation require- as just this Monday. an extension, because he was asked. ments. Gregg amendment No. 2268 (to amendment The authorizing committee’s actions The President of the United States is No. 2267), to provide that certain public safe- will result in outlays from the trust being open. The President of the ty officials have the right to collective bar- funds of $231 billion for highways, and United States is trying to do the right gaining. $36.6 billion for transit, spread out over thing to get to the bottom of this be- The PRESIDING OFFICER. The Sen- the next 6 years. Essentially, those fig- cause he has the interests of the United ator from Nevada. ures I just gave you represent the cash- States at heart. Mr. REID. Madam President, I sug- flow out of the trust fund. The Finance Let’s look at some other results. gest the absence of a quorum. Committee’s action provided the re- Let’s look at the difference in the hope The PRESIDING OFFICER. The sources in the trust fund to cover the of the people of Iraq and Afghanistan clerk will call the roll. cash outflows and provide a cushion in today. Yes, there are continuing prob- The assistant legislative clerk pro- the trust fund balances. This is how we lems. Yes, it grieves every one of us. ceeded to call the roll. arrived at that action of the Senate Fi- Our hearts stop when we hear there has Mr. INHOFE. Madam President, I ask nance Committee. been another bombing or mishap that unanimous consent that the order for But some of the critics have said the has hurt one of our soldiers or killed the quorum call be rescinded. Finance Committee should have funded

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S648 CONGRESSIONAL RECORD — SENATE February 5, 2004 HERB BROOKS FIGHTIN’ BLUE HENS CELEBRATE (The nominations received today are NATIONAL FOOTBALL CHAM- printed at the end of the Senate pro- ∑ Mr. COLEMAN. Mr. President, I am PIONSHIP ceedings.) proud to recognize and pay tribute to ∑ my good friend, a great Minnesotan, Mr. BIDEN. Mr. President, in my 33 f years as a U.S. Senator from Delaware, and a real American hero, the late I have had the opportunity to give hun- MESSAGE FROM THE HOUSE Herb Brooks, whose memory, accom- dreds of speeches on the Senate floor, At 10:57 a.m., a message from the plishments, and contributions are but today is a first. It gives me tremen- House of Representatives, delivered by being memorialized today for all time dous pride today to officially congratu- Ms. Niland, one of its reading clerks, in St. Paul. late my alma mater, the University of announced that the House has passed Herb Brooks and I cam from two dif- Delaware, on winning its first-ever the following bill, in which it requests ferent worlds. I am so glad I got to NCAA Division I–AA National Football the concurrence of the Senate: know him in this place. Like a lot of Championship. H.R. 3030. An act to amend the Community sports fans, he gave me the greatest Players, fans, and students will cele- Service Block Grant Act to provide for qual- spectator moment of my life in Lake brate this milestone in the University ity improvements. Placid. But what he has taught me of Delaware’s history at a rally on The message also announced that the about life is so much more significant. Tuesday, February 10, 2004, at the Bob House has agreed to the following con- Herb was a son of the East Side of Carpenter Center. And we have much current resolution, in which it requests Saint Paul. It’s neighborhood that has more than the national championship the concurrence of the Senate: produced mayors, Governors, and two to celebrate. The Fightin’ Blue Hens H. Con. Res. 355. Concurrent resolution Supreme Court justices. I wonder if played one of the most outstanding congratulating the University of Delaware there is a neighborhood that has seasons in college football history, men’s football team for winning the National with a record of 15 and 1 and setting a Collegiate Athletic Association I–AA na- touched more lives for good than the tional championship. East Side. school record for victories in a season. After clinching their seventh Atlan- f Herb had a lot to say, and not all of tic 10 Football Conference champion- it would go in a PG movie. He told his ship, the 2003 squad sailed through the MEASURES REFERRED hockey team, ‘‘Gentlemen, we’re not Division I–AA playoff, outscoring oppo- The following bill was read the first talented enough to win on talent nents by a combined score of 149 to 23. and the second times by unanimous alone.’’ That was pretty autobiological, In fact, they won the championship consent, and referred as indicated: I think. game by shutting down Colgate 42 to 0. H.R. 3030. An act to amend the Community Tonight, we in Minnesota, Herb’s You can be sure I attended every play- Service Block Grant Act to provide for qual- home State that loved him so much, off game, along with tens of thousands ity improvements; to the Committee on have the honor to unveil a permanent of other devoted Blue Hen fans. Health, Education, Labor, and Pensions. tribune to Herb’s remarkable career, a As I said earlier, this marks the Uni- The following concurrent resolution career devoted not only to athletic ex- versity of Delaware’s first Division I– was read, and referred as indicated: cellence, but character and integrity. AA title crown, but we earned six other H. Con. Res. 355. Concurrent resolution Then, we get to relive and relish the football titles as a Division II school. congratulating the University of Delaware moment that reminded all Americans The last Division II title in 1979 was men’s football team for winning the National to start believing in miracles again at significant because our current coach, Collegiate Athletic Association I–AA na- K.C. Keeler, played on that 1979 cham- tional championship; to the Committee on a screening of the new Hollywood fea- the Judiciary. ture film ‘‘The Miracle,’’ based on the pionship team as a linebacker. In just his second year at the helm of USA hockey team’s shining moment in f UD football, K.C. Keeler took his team Lake Placid under Herb Brooks. to the national championship; but, K.C. EXECUTIVE AND OTHER I learned a great deal about leader- is the first to give his predecessor, leg- COMMUNICATIONS ship from Herb Brooks. He was not a endary Hall of Fame coach Tubby Ray- The following communications were man of many words, but when Herb mond, all the credit for recruiting and laid before the Senate, together with spoke, people listened, because what he building this team. Tubby, this cham- accompanying papers, reports, and doc- had to say was always profound. pionship is yours, too. uments, and were referred as indicated: More importantly than what Herb To be sure, UD football has come a EC–6167. A communication from the Gen- long way since the 1960s when I was at eral Counsel, Department of Housing and said was what he did. He was the kind Urban Development, transmitting, pursuant of leader we need more of, the kind the University. But at a time when we all need some good news, the 2003 Uni- to law, the report of a vacancy and designa- that leads by example. Herb Brooks tion of acting officer for the position of Sec- lived an amazing, remarkable life. He versity of Delaware football team has retary, Department of Housing and Urban is a hero of mine, and was to millions given our State plenty to cheer about. Development received on January 20, 2004; to of other Americans. My warmest congratulations to the the Committee on Banking, Housing, and coaches, players, parents, school offi- Urban Affairs. But what summed Herb Brooks up for cials, cheerleaders, marching band EC–6168. A communication from the Assist- me was this Brooksism: ‘‘Everybody is members, students, and, of course, the ant Director, Legislative and Regulatory Ac- important, but not too important.’’ diehard fans, as we celebrate being na- tivities Division, Comptroller of the Cur- That was how he articulated his team tional football champions.∑ rency, transmitting, pursuant to law, the re- concept. port of a rule entitled ‘‘Rules, Policies, Pro- f cedures for Corporate Activities’’ received on If we could all go through life seeing MESSAGES FROM THE PRESIDENT January 20, 2004; to the Committee on Bank- every person we meet as important and ing, Housing, and Urban Affairs. not seeing ourselves as too important— Messages from the President of the EC–6169. A communication from the Acting who knows, maybe there would be a lot United States were communicated to General Counsel, Federal Emergency Man- more miracles. the Senate by Ms. Evans, one of his agement Agency, transmitting, pursuant to secretaries. law, the report of a rule entitled ‘‘Final Herb will always be remembered in f Flood Elevation Determination; 68 FR 69961’’ the hearts and minds of my fellow Min- (44 CFR Part 67) received on January 20, 2004; nesotans. But tonight we unveil a stat- EXECUTIVE MESSAGES REFERRED to the Committee on Banking, Housing, and ue—in a city that Herb loved and loved As in executive session the Presiding Urban Affairs. him back—that will forever immor- Officer laid before the Senate messages EC–6170. A communication from the Acting General Counsel, Federal Emergency Man- talize Herb Brooks’s image in Min- from the President of the United agement Agency, transmitting, pursuant to nesota history. This is a wonderful States submitting sundry nominations law, the report of a rule entitled ‘‘Final tribute, and one I am deeply honored to which were referred to the appropriate Flood Elevation Determination; 68 FR 69323’’ be a part of.∑ communities. (44 CFR Part 65) received on January 20, 2004;

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S649 to the Committee on Banking, Housing, and Staff, Food and Drug Administration, trans- mitting, the Office’s Annual Report for Fis- Urban Affairs. mitting, pursuant to law, the report of a rule cal Year 2003; to the Committee on Rules and EC–6171. A communication from the Acting entitled ‘‘Neurological Devices; Classifica- Administration. General Counsel, Federal Emergency Man- tion of Human Dura Matter’’ (Doc. No. 200N– EC–6193. A communication from the Chair- agement Agency, transmitting, pursuant to 0370) received on January 22, 2004; to the man, Federal Election Commission, trans- law, the report of a rule entitled ‘‘Final Committee on Health, Education, Labor, and mitting, pursuant to law, the report of a rule Flood Elevation Determination; 68 FR 69959’’ Pensions. entitled ‘‘Explanation and Justification for (Doc. # FEMA–P–7630) received on January EC–6182. A communication from the Direc- Revised Instructions for FEC Form 1M, Noti- 20, 2004; to the Committee on Banking, Hous- tor, Regulations Policy and Management fication of Multicandidate Status’’ received ing, and Urban Affairs. Staff, Food and Drug Administration, trans- on January 20, 2004; to the Committee on EC–6172. A communication from the Presi- mitting, pursuant to law, the report of a rule Rules and Administration. dent of the United States, transmitting, pur- entitled ‘‘Food Additives Permitted for Di- EC–6194. A communication from the Sec- suant to law, a report relative to the con- rect Addition to Food for Human Consump- retary of Veterans’ Affairs, transmitting, the tinuation of the national emergency with re- tion; Acesulfame Potassium’’ (Doc. No. Department of Veterans’ Affairs Special spect to terrorists who threaten to disrupt 2002F–0220) received on January 22, 2004; to Medical Advisory Group’s Annual Report to the Middle East Peace Process; to the Com- the Committee on Health, Education, Labor, Congress for Fiscal Year 2003; to the Com- mittee on Banking, Housing, and Urban Af- and Pensions. mittee on Veterans’ Affairs. fairs. EC–6183. A communication from the Regu- EC–6195. A communication from the In- EC–6173. A communication from the Chief lations Coordinator, Centers for Medicare spector General, General Services Adminis- Counsel, Bureau of the Public Debt, Treas- and Medicaid Services, Department of tration, transmitting, the report of the Of- ury Department, transmitting, pursuant to Health and Human Services, transmitting, fice of Inspector General for the period end- law, the report of a rule entitled ‘‘31 CFR pursuant to law, the report of a rule entitled ing September 30, 2003; to the Committee on Part 363, Regulations Governing New Treas- ‘‘HIPAA Administrative Simplification; Governmental Affairs. ury Direct System’’ received on January 20, Standard Unique Health Identifier for Health EC–6196. A communication from the Gen- 2004; to the Committee on Banking, Housing, Care Providers’’ (RNI0938–AH99) received on eral Counsel, Federal Retirement Thrift In- and Urban Affairs. January 27, 2004; to the Committee on vestment Board, transmitting, pursuant to law, the report of a rule entitled ‘‘Final Rule EC–6174. A communication from the Chair, Health, Education, Labor, and Pensions. Barry M. Goldwater Scholarship and Excel- EC–6184. A communication from the Regu- 5 CFR Parts 1600, 1601, 1603, 1604, 1605, 1606, lence in Education Foundation, transmit- lations Coordinator, OGC, Department of 1640, 1645, 1650, 1651, 1653, 1655, 1690: Employee ting, pursuant to law, the Annual Report of Health and Human Services, transmitting, Elections to Contribute to the Thrift Sav- the activities of the Goldwater Foundation; pursuant to law, the report of a rule entitled ings Plan, Participants’ Choices of Invest- to the Committee on Health, Education, ‘‘Implementation of Equal Access to Justice ment Funds, Vesting, Uniformed Services Labor, and Pensions. Act in the Agency Proceedings’’ received on Accounts, Correction of Administrative Er- EC–6175. A communication from the Assist- January 27, 2004; to the Committee on rors, Lost Earnings Attributable to Employ- ant General Counsel, Regulatory Services Health, Education, Labor, and Pensions. ing Agency Errors, Participant Statements, Division, Office of Elementary and Sec- EC–6185. A communication from the Sec- Calculation of Share Prices, Methods of ondary Education, transmitting, pursuant to retary of Health and Human Services, trans- Withdrawing Funds from the Thrift Savings law, the report of a rule entitled ‘‘Title I— mitting, pursuant to law, a report entitled Plan, Death Benefits, Domestic Relations Improving the Academic Achievement of the ‘‘Study of the Impact of Boren Amendment Orders Affecting Thrift Savings Plan Ac- Disadvantaged’’ (RIN1810–AA95) received on Repeal’’; to the Committee on Health, Edu- counts, Loans, Miscellaneous’’ received on January 20, 2004; to the Committee on cation, Labor, and Pensions. January 20, 2004; to the Committee on Gov- Health, Education, Labor, and Pensions. EC–6186. A communication from the Sec- ernmental Affairs. EC–6176. A communication from the Assist- retary of Health and Human Services, trans- EC–6197. A communication from the Ad- ant Secretary for Administration and Man- mitting, pursuant to law, a report of real ministrator, General Services Administra- agement, Department of Labor, transmit- property transferred for public health pur- tion, transmitting, pursuant to law, the Fis- ting, pursuant to law, the report of a nomi- poses; to the Committee on Health, Edu- cal Year 2003 Annual Performance and Ac- nation confirmed for the position of Deputy cation, Labor, and Pensions. countability Report; to the Committee on Secretary of Labor, Department of Labor, re- EC–6187. A communication from the Chief, Governmental Affairs. ceived on January 20, 2004; to the Committee Regulations and Procedures Division, Alco- f on Health, Education, Labor, and Pensions. hol and Tobacco Tax and Trade Bureau, EC–6177. A communication from the Assist- transmitting, pursuant to law, the report of INTRODUCTION OF BILLS AND ant Secretary for Administration and Man- a rule entitled ‘‘Exportation of Liquors; Re- JOINT RESOLUTIONS agement, Department of Labor, transmit- codification of Regulations; Administrative The following bills and joint resolu- ting, pursuant to law, the report of a nomi- Changes Due to the Homeland Security Act tions were introduced, read the first nation confirmed for the position of Solic- of 2002’’ (RIN1513–AA76) received on February and second times by unanimous con- itor of Labor, Department of Labor, received 3, 2004; to the Committee on the Judiciary. on January 20, 2004; to the Committee on EC–6188. A communication from the Asso- sent, and referred as indicated: Health, Education, Labor, and Pensions. ciate General Counsel, Federal Bureau of By Ms. CANTWELL: EC–6178. A communication from the Assist- Prisons, Department of Justice, transmit- S. 2051. A bill to promote food safety and ant Secretary for Administration and Man- ting, pursuant to law, the report of a rule en- to protect the animal feed supply from bo- agement, Department of Labor, transmit- titled ‘‘Inmate Discipline: Prohibited Acts: vine spongiform encephalopathy; to the ting, pursuant to law, the report of a des- Change in Code Numbers for Agency Track- Committee on Agriculture, Nutrition, and ignation of acting officer and nomination for ing Purposes Only’’ (RIN1120–AA78) received Forestry. the position of Assistant Secretary for Pub- on January 27, 2004; to the Committee on the By Mrs. HUTCHISON: lic Affairs, Department of Labor, received on Judiciary. S. 2052. A bill to amend the National Trails January 20, 2004; to the Committee on EC–6189. A communication from the Asso- System Act to designate El Camino Real de Health, Education, Labor, and Pensions. ciate General Counsel, Federal Bureau of los Tejas as a National Historic Trail; to the EC–6179. A communication from the Direc- Prisons, Department of Justice, transmit- Committee on Energy and Natural Re- tor, Regulations Policy and Management ting, pursuant to law, the report of a rule en- sources. Staff, Food and Drug Administration, trans- titled ‘‘Incoming Publications: Softcover f mitting, pursuant to law, the report of a rule Materials’’ (RIN1120–AA15) received on Janu- entitled ‘‘Skin Protectant Drug Products for ary 27, 2004; to the Committee on the Judici- ADDITIONAL COSPONSORS Over-the-Counter Human Use; Final Mono- ary. S. 557 graph; Technical Amendment’’ (RIN0910– EC–6190. A communication from the Asso- At the request of Ms. COLLINS, the AA01) received on January 22, 2004; to the ciate General Counsel, Federal Bureau of name of the Senator from Rhode Island Committee on Health, Education, Labor, and Prisons, Department of Justice, transmit- (Mr. CHAFEE) was added as a cosponsor Pensions. ting, pursuant to law, the report of a rule en- EC–6180. A communication from the Direc- titled ‘‘Incoming Publications: Nudity and of S . 557, a bill to amend the Internal tor, Regulations Policy and Management Sexually Explicit Material or Information’’ Revenue Code of 1986 to exclude from Staff, Food and Drug Administration, trans- (RIN1120–AA59) received on January 27, 2004; gross income amounts received on ac- mitting, pursuant to law, the report of a rule to the Committee on the Judiciary. count of claims based on certain un- entitled ‘‘Requirements for Submission of EC–6191. A communication from the Assist- lawful discrimination and to allow in- Labeling for Human Prescription Drugs and ant Secretary, Legislative Affairs, Depart- come averaging for backpay and Biologics in Electronic Format’’ (RIN0910– ment of State, transmitting, pursuant to frontpay awards received on account of AB91) received on January 22, 2004; to the law, a report on the implementation of Sec- such claims, and for other purposes. Committee on Health, Education, Labor, and tion 428 of the Homeland Security Act of Pensions. 2002; to the Committee on the Judiciary. S. 1109 EC–6181. A communication from the Direc- EC–6192. A communication from the Public At the request of Mr. TALENT, the tor, Regulations Policy and Management Printer, Government Printing Office, trans- name of the Senator from Minnesota

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S650 CONGRESSIONAL RECORD — SENATE February 5, 2004 (Mr. DAYTON) was added as a cosponsor SECTION 1. SHORT TITLE. head of a Federal agency may enforce this of S. 1109, a bill to provide This Act may be cited as the ‘‘Animal Feed Act by— $50,000,000,000 in new transportation in- Protection Act of 2004’’. (1) seizing and destroying an article that is frastructure funding through Federal SEC. 2. DEFINITIONS. introduced into interstate or foreign com- merce in violation of this Act; or bonding to empower States and local In this Act: (1) BSE.—The term ‘‘BSE’’ means bovine (2) issuing an order requiring any person governments to complete significant spongiform encephalopathy. that introduces an article into interstate or infrastructure projects across all (2) COVERED ARTICLE.— foreign commerce in violation of this Act— modes of transportation, including (A) IN GENERAL.—The term ‘‘covered arti- (A) to cease the violation; roads, rail, transit, aviation, and cle’’ means— (B)(i) to recall any article that is sold; and water, and for other purposes. (i) feed for an animal; (ii) to refund the purchase price to the pur- S. 1345 (ii) a nutritional supplement for an animal; chaser; (C) to destroy the article or forfeit the ar- At the request of Mrs. MURRAY, the (iii) medicine for an animal; and ticle to the United States for destruction; or name of the Senator from Maine (Ms. (iv) any other article of a kind that is ordi- narily ingested, implanted, or otherwise (D) to cease operations at the facility at SNOWE) was added as a cosponsor of S. taken into an animal. which the article is produced until the head 1345, a bill to extend the authorization (B) EXCLUSIONS.—The term ‘‘covered arti- of the appropriate Federal agency deter- for the ferry boat discretionary pro- cle’’ does not include— mines that the operations are no longer in gram, and for other purposes. (i) an unprocessed agricultural commodity violation of this Act. S. 1630 that is readily identifiable as nonanimal in (d) CIVIL AND MONETARY PENALTIES.—The At the request of Mrs. DOLE, the origin, such as a vegetable, grain, or nut; Secretary is directed to promulgate regula- name of the Senator from Maine (Ms. (ii) an article described in subparagraph tions on the appropriate level of civil and (A) that, based on compelling scientific evi- monetary penalties necessary to carry out COLLINS) was added as a cosponsor of S. dence, the Secretary determines does not the provisions of this Act, within 180 days 1630, a bill to facilitate nationwide pose a risk of transmitting prion disease; or following enactment of this Act. availability of 2-1-1 telephone service (iii) an article regulated by the Secretary SEC. 5. TRAINING STANDARDS. for information and referral services, that, as determined by the Secretary— The Secretary, in consultation with the and for other purposes. (I) poses a minimal risk of carrying prion Secretary of Agriculture, shall issue training S. 1703 disease; and standards to industry for the removal of At the request of Mr. SMITH, the (II) is necessary to protect animal health specified risk materials. or public health. name of the Senator from Maine (Ms. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (3) SPECIFIED RISK MATERIAL.— SNOWE) was added as a cosponsor of S. There is authorized to be appropriated (A) IN GENERAL.—The term ‘‘specified risk $5,000,000 to carry out this Act. 1703, a bill to amend the Internal Rev- material’’ means— enue Code of 1986 to provide a credit (i) the skull, brain, trigeminal ganglia, SEC. 7. EFFECTIVE DATE. against income tax for expenditures for eyes, tonsils, spinal cord, vertebral column, This Act takes effect on the date that is the maintenance of railroad tracks of or dorsal root ganglia of— 180 days after the date of enactment of this Class II and Class III railroads. (I) cattle and bison 30 months of age and Act. S. 2040 older; or (II) sheep, goats, deer, and elk 12 months of By Mrs. HUTCHISON: At the request of Mr. MCCAIN, the age and older; S. 2052. A bill to amend the National names of the Senator from Alabama (ii) the intestinal tract of a ruminant of Trails System Act to designate El Ca- (Mr. SHELBY) and the Senator from any age; and mino Real de Los Tejas as a National Ohio (Mr. DEWINE) were added as co- (iii) any other material of a ruminant that Historic Trail; to the Committee on sponsors of S. 2040, a bill to extend the may carry a prion disease, as determined by Energy and Natural Resources. the Secretary, based on scientifically cred- date for the submittal of the final re- Mrs. HUTCHISON. Mr. President, I port of the National Commission on ible research. (B) MODIFICATION.—The Secretary shall rise today to introduce legislation to Terrorist Attacks Upon the United recognize the oldest highway in Texas States, to provide additional funding conduct an annual review of scientific re- search and may modify the definition of and establish the El Camino Real de for the Commission, and for other pur- specified risk material based on scientif- Los Tejas National Historic Trail. poses. ically credible research (including the con- This bill will preserve a vital piece of S. RES. 164 duct of ante-mortem and post-mortem tests Texas history for generations to come. At the request of Mr. ENSIGN, the certified by the Secretary of Agriculture). The El Camino Real trail established a (4) SECRETARY.—The term ‘‘Secretary’’ name of the Senator from Maine (Ms. key corridor for settlers, immigrants COLLINS) was added as a cosponsor of S. means the Secretary of Health and Human Services. and militaries helping lay the ground- Res. 164, a resolution reaffirming sup- work for our state’s future. It also port of the Convention on the Preven- SEC. 3. PROTECTION OF ANIMAL FEED AND PUB- LIC HEALTH. served as a path for such Texas heroes tion and Punishment of the Crime of It shall be unlawful for any person to in- as Davy Crockett and Sam Houston Genocide and anticipating the com- troduce into interstate or foreign commerce who both fought in the struggle for memoration of the 15th anniversary of a covered article if the covered article con- Texas independence from Mexico. the enactment of the Genocide Conven- tains— The 300-year-old corridor also served (1)(A) specified risk material from a rumi- tion Implementation Act of 1987 (the as a critical trade route, a post road, Proxmire Act) on November 4, 2003. nant; or (B) any material from a ruminant that— cattle trail and a military highway. f (i) was in any foreign country at a time at The trail opened America to Texas and STATEMENTS ON INTRODUCED which there was a risk of transmission of Texas to the world. Still today the BILLS AND JOINT RESOLUTIONS BSE in the country, as determined by the trail collectively represents a series of Secretary of Agriculture; and roads and paths extending more than By Ms. CANTWELL: (ii) may contain specified risk material S. 2051. A bill to promote food safety 2,500 miles in length from the Rio from a ruminant; or Grande River near Eagle Pass and La- and to protect the animal feed supply (2) any material from a ruminant exhib- from bovine spongiform encepha- iting signs of a neurological disease. redo through San Antonio, Bastrop, and Nacogdoches, Texas to lopathy; to the Committee on Agri- SEC. 4. ENFORCEMENT. culture, Nutrition, and Forestry. (a) COOPERATION.—The Secretary and the Natchitoches, Louisiana. While 2,500 Ms. CANTWELL. Mr. President, I ask heads of other Federal agencies, as appro- miles of the trail are in 40 Texas coun- unanimous consent that the text of the priate, shall cooperate with the Attorney ties, the last 80 miles are in Louisiana. bill be printed in the RECORD. General in enforcing this Act. The El Camino Real served as a stra- There being no objection, the bill was (b) DUE PROCESS.—Any person subject to tegic corridor during Texas’ struggle enforcement action under this section shall ordered to be printed in the RECORD, as for independence. Critical supplies have the opportunity for an informal hearing made their way via the El Camino Real follows: on the enforcement action as soon as prac- S. 2051 ticable after, but not later than 10 days for the Republic of Texas Army as they Be it enacted by the Senate and House of Rep- after, the enforcement action is taken. victoriously forged ahead to defeat the resentatives of the United States of America in (c) REMEDIES.—In addition to any remedies Mexican Army in the Texas Revolu- Congress assembled, available under other provisions of law, the tion.

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S651 This legislation will recognize the are not legally binding and may be termi- SEC. 3002. AMENDMENTS TO TITLE 49, UNITED significance of the El Camino Real and nated at any time. Should land ownership STATES CODE; UPDATED TERMI- change at a certified site, the certification NOLOGY. preserve its historic importance, as (a) AMENDMENTS TO TITLE 49.—Except as well as direct the National Park Serv- will cease to be valid unless the new owner consents to a new agreement. otherwise specifically provided, whenever in ice to establish the El Camino Real ‘‘(C) PRIVATE PROPERTY RIGHTS PROTEC- this title an amendment or repeal is ex- trail as a National Historic Trail. It TION.—Nothing in this Act or in the estab- pressed in terms of an amendment to, or re- will also allow our state agencies such lishment of any portion of the national his- peal of, a section or other provision of law, as the Texas Historical Commission to toric trail authorizes any person to enter the reference shall be considered to be made participate in the establishment and private property without the consent of the to a section or other provision of title 49, owner. Nothing in this Act or in the estab- United States Code. designation of the trail, while pro- (b) UPDATED TERMINOLOGY.—Except for lishment of any portion of the national his- tecting the private property of land- sections 5301(f), 5302(a)(7), and 5315, chapter toric trail will authorize the Federal Govern- owners along its route. This legislation 53, including the chapter analysis, is amend- ment to restrict private property owner’s use ed by striking ‘‘mass transportation’’ each will allow Texans and the thousands or enjoyment of their property subject to place it appears and inserting ‘‘public trans- who visit our state each year to learn other laws or regulations. Authorization of portation’’. more of the rich history that forged El Camino Real de los Tejas National His- the Lone Star State. toric Trail under this Act does not itself con- SEC. 3003. POLICIES, FINDINGS, AND PURPOSES. I am proud to offer this legislation to fer any additional authority to apply other (a) DEVELOPMENT AND REVITALIZATION OF PUBLIC TRANSPORTATION SYSTEMS.—Section pay homage to an important piece of Federal laws and regulations on non-Federal lands along the trail. Laws or regulations re- 5301(a) is amended to read as follows: Texas and U.S. History, and I urge my ‘‘(a) DEVELOPMENT AND REVITALIZATION OF quiring public entities and agencies to take colleagues to support the El Camino PUBLIC TRANSPORTATION SYSTEMS.—It is in into consideration a national historic trail the economic interest of the United States Real de Los Tejas National Historic shall continue to apply notwithstanding the to foster the development and revitalization Trail Act. foregoing. Notwithstanding section 7(g) of of public transportation systems that maxi- I ask unanimous consent that the this Act, the United States is authorized to mize the efficient, secure, and safe mobility text of the bill be printed in the acquire privately owned real property or an of individuals and minimize environmental interest in such property for purposes of the RECORD. impacts.’’. national historic trail only with the consent There being no objection, the bill was (b) GENERAL FINDINGS.—Section 5301(b)(1) ordered to be printed in the RECORD, as of the owner of such property and shall have is amended— follows: no authority to condemn or otherwise appro- (1) by striking ‘‘70 percent’’ and inserting priate privately owned real property or an S. 2052 ‘‘two-thirds’’; and interest in such property for the purposes of (2) by striking ‘‘urban areas’’ and inserting Be it enacted by the Senate and House of Rep- El Camino Real de los Tejas National His- ‘‘urbanized areas’’. resentatives of the United States of America in toric Trail. (c) PRESERVING THE ENVIRONMENT.—Sec- Congress assembled, ‘‘(D) COORDINATION OF ACTIVITIES.—The tion 5301(e) is amended— SECTION 1. SHORT TITLE. Secretary of the Interior may coordinate (1) by striking ‘‘an urban’’ and inserting This Act may be cited as the ‘‘El Camino with United States and Mexican public and ‘‘a’’; and Real de los Tejas National Historic Trail Act nongovernmental organizations, academic (2) by striking ‘‘under sections 5309 and of 2004’’. institutions, and, in consultation with the 5310 of this title’’. SEC. 2. AUTHORIZATION AND ADMINISTRATION. Secretary of State, the Government of Mex- (d) GENERAL PURPOSES.—Section 5301(f) is Section 5(a) of the National Trails System ico and its political subdivisions, for the pur- amended— Act (16 U.S.C. 1244(a)) is amended by adding pose of exchanging trail information and re- (1) in paragraph (1)— at the end the following: search, fostering trail preservation and edu- (A) by striking ‘‘improved mass’’ and in- ‘‘(23) EL CAMINO REAL DE LOS TEJAS.— cational programs, providing technical as- serting ‘‘improved public’’; and ‘‘(A) IN GENERAL.—Subject to subparagraph sistance, and working to establish an inter- (B) by striking ‘‘public and private mass (B), El Camino Real de los Tejas (The Royal national historic trail with complementary transportation companies’’ and inserting Road of historic Tejas) National Historic preservation and education programs in each ‘‘public transportation companies and pri- Trail, a combination of historic routes total- nation. vate companies engaged in public transpor- ing 2,580 miles in length from the Rio Grande ‘‘(E) CONSULTATION.—The Secretary of the tation’’; near Eagle Pass and Laredo, Texas, to Interior shall consult with appropriate State (2) in paragraph (2)— Natchitoches, Louisiana, and including the agencies in the the planning, development, (A) by striking ‘‘urban mass’’ and inserting Old San Antonio Road, as generally depicted and maintenance of El Camino Real de los ‘‘public’’; and on the maps entitled ‘El Camino Real de los Tejas National Historic Trail.’’. (B) by striking ‘‘public and private mass Tejas’, contained in the report prepared pur- f transportation companies’’ and inserting suant to subsection (b) entitled ‘National ‘‘public transportation companies and pri- Historic Trail Feasibility Study and Envi- AMENDMENTS SUBMITTED AND vate companies engaged in public transpor- ronmental Assessment: El Camino Real de PROPOSED tation’’; los Tejas, Texas-Louisiana’, dated July 1998. SA 2269. Mr. SHELBY proposed an amend- (3) in paragraph (3)— The National Park Service is authorized to ment to the bill S. 1072, to authorize funds (A) by striking ‘‘urban mass’’ and inserting administer designated portions of this trail for Federal-aid highways, highway safety ‘‘public’’; and system as a national historic trail as set programs, and transit programs, and for (B) by striking ‘‘public or private mass forth in this paragraph. other purposes. transportation companies’’ and inserting ‘‘(B) ESTABLISHMENT.— SA 2270. Ms. COLLINS submitted an ‘‘public transportation companies or private ‘‘(i) PUBLICLY OWNED LANDS.—Congress au- amendment intended to be proposed by her companies engaged in public transpor- thorizes the establishment of El Camino to the bill S. 1072, supra; which was ordered tation’’; and Real de los Tejas national historic trail and to lie on the table. (4) in paragraph (5), by striking ‘‘urban the respective administration on those por- SA 2271. Mr. VOINOVICH submitted an mass’’ and inserting ‘‘public’’. tions of the historic trail routes and related amendment intended to be proposed by him SEC. 3004. DEFINITIONS. historic sites within publicly owned lands to the bill S. 1072, supra; which was ordered Section 5302(a) is amended— when such trail related resources meet the to lie on the table. (1) in paragraph (1)— purposes of this Act or certification criteria f (A) in subparagraph (G)(i), by inserting set by the Secretary of the Interior per sec- ‘‘including the intercity bus portions of such tion 3(a)(3) of this Act. TEXT OF AMENDMENTS facility or mall,’’ after ‘‘transportation ‘‘(ii) PRIVATELY OWNED LANDS.—Congress SA 2269. Mr. SHELBY proposed an mall,’’; authorizes the establishment of El Camino amendment to the bill S. 1072, to au- (B) in subparagraph (G)(ii), by inserting ‘‘, Real de los Tejas national historic trail and thorize funds for Federal-aid highways, except for the intercity bus portion of inter- the respective administration on those por- highway safety programs, and transit modal facilities or malls,’’ after ‘‘commer- tions of the historic trail routes and related programs, and for other purposes; as cial revenue-producing facility’’; historic sites within privately owned lands (C) in subparagraph (H)— only through the voluntary and expressed follows: (i) by striking ‘‘and’’ after ‘‘innovative’’ consent of the owner and when such trails At the appropriate place in the bill, insert and inserting ‘‘or’’; and and sites qualify for certification as offi- the following: (ii) by striking ‘‘or’’ after the semicolon at cially established components of the na- TITLE III—PUBLIC TRANSPORTATION the end; tional historic trail. The owner’s approval of SEC. 3001. SHORT TITLE. (D) in subparagraph (I), by striking the pe- a certification agreement satisfies the con- This title may be cited as the Federal Pub- riod at the end and inserting a semicolon; sent requirement. Certification agreements lic Transportation Act of 2004. and

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S652 CONGRESSIONAL RECORD — SENATE February 5, 2004 (E) by adding at the end the following: graphic area outside all designated metro- zation under this subsection or any other ‘‘(J) crime prevention and security, includ- politan planning areas. provision of law shall remain in effect until ing— ‘‘(5) NON-METROPOLITAN LOCAL OFFICIAL.— the metropolitan planning organization is ‘‘(i) projects to refine and develop security The term ‘non-metropolitan local official’ redesignated under paragraph (5). and emergency response plans; or means any elected or appointed official of ‘‘(5) REDESIGNATION PROCEDURES.—A metro- ‘‘(ii) projects to detect chemical or biologi- general purpose local government located in politan planning organization may be redes- cal agents in public transportation; a non-metropolitan area who is responsible ignated by agreement between the Governor ‘‘(K) conducting emergency response drills for transportation services for such local and units of general purpose local govern- with public transportation agencies and government. ment that combined represent not less than local first response agencies or security ‘‘(b) GENERAL REQUIREMENTS.— 75 percent of the existing planning area pop- training for public transportation employ- ‘‘(1) DEVELOPMENT OF PLANS.—To accom- ulation (including the incorporated city or ees, except for expenses relating to oper- plish the objectives described in section cities named by the Bureau of the Census in ations; or 5301(a), each metropolitan planning organi- designating the urbanized area) as appro- ‘‘(L) establishing a debt service reserve, zation, in cooperation with the State and priate to carry out this section. made up of deposits with a bondholder’s public transportation operators, shall de- ‘‘(6) DESIGNATION OF MORE THAN 1 METRO- trustee, to ensure the timely payment of velop transportation plans for metropolitan POLITAN PLANNING ORGANIZATION.—More than principal and interest on bonds issued by a planning areas of the State in which it is lo- 1 metropolitan planning organization may be grant recipient to finance an eligible project cated. designated within an existing metropolitan under this chapter.’’; ‘‘(2) CONTENTS.—The plans developed under planning area only if the Governor and the (2) by striking paragraph (9); paragraph (1) for each metropolitan planning existing metropolitan planning organization (3) by redesignating paragraph (8) as para- area shall provide for the development and determine that the size and complexity of graph (9); integrated management and operation of the existing metropolitan planning area (4) by striking paragraph (7) and inserting transportation systems and facilities (in- make designation of more than 1 metropoli- the following: cluding pedestrian walkways and bicycle tan planning organization for the area appro- transportation facilities) that will function ‘‘(7) MASS TRANSPORTATION.—The term priate. ‘mass transportation’ means public transpor- as an intermodal transportation system for ‘‘(d) METROPOLITAN PLANNING AREA BOUND- tation. the metropolitan planning area and as an in- ARIES.— tegral part of an intermodal transportation ‘‘(1) IN GENERAL.—For the purposes of this ‘‘(8) MOBILITY MANAGEMENT.—The term section, the boundaries of a metropolitan ‘mobility management’ means a short-range system for the State and the United States. ‘‘(3) PROCESS OF DEVELOPMENT.—The proc- planning area shall be determined by agree- planning or management activity or project ess for developing the plans shall provide for ment between the metropolitan planning or- that does not include operating public trans- consideration of all modes of transportation ganization and the Governor. portation services and— and shall be continuing, cooperative, and ‘‘(2) INCLUDED AREA.—Each metropolitan ‘‘(A) improves coordination among public comprehensive to the degree appropriate, planning area— transportation providers, including private based on the complexity of the transpor- ‘‘(A) shall encompass at least the existing companies engaged in public transportation; tation problems to be addressed. urbanized area and the contiguous area ex- ‘‘(B) addresses customer needs by tailoring ‘‘(4) PLANNING AND PROJECT DEVELOP- pected to become urbanized within a 20-year public transportation services to specific MENT.—The metropolitan planning organiza- forecast period for the transportation plan; market niches; or tion, the State Department of Transpor- and ‘‘(C) manages public transportation de- tation, and the appropriate public transpor- ‘‘(B) may encompass the entire metropoli- mand.’’; tation provider shall agree upon the ap- tan statistical area or consolidated metro- (5) by amending paragraph (10) to read as proaches that will be used to evaluate alter- politan statistical area, as defined by the Of- follows: natives and identify transportation improve- fice of Management and Budget. UBLIC TRANSPORTATION ‘‘(10) P .—The term ments that address the most complex prob- ‘‘(3) IDENTIFICATION OF NEW URBANIZED ‘public transportation’ means transportation lems and pressing transportation needs in AREAS WITHIN EXISTING PLANNING AREA by a conveyance that provides local regular the metropolitan area. BOUNDARIES.—The designation by the Bureau and continuing general or special transpor- ‘‘(c) DESIGNATION OF METROPOLITAN PLAN- of the Census of new urbanized areas within tation to the public, but does not include NING ORGANIZATIONS.— an existing metropolitan planning area shall school bus, charter bus, intercity passenger ‘‘(1) IN GENERAL.—To carry out the trans- not require the redesignation of the existing rail, or sightseeing transportation.’’; portation planning process under this sec- metropolitan planning organization. (6) in subparagraphs (A) and (E) of para- tion, a metropolitan planning organization ‘‘(4) EXISTING METROPOLITAN PLANNING graph (15), by striking ‘‘and’’ each place it shall be designated for each urbanized area AREAS IN NONATTAINMENT.—Notwithstanding appears and inserting ‘‘or’’; with a population of more than 50,000 resi- paragraph (2), in the case of an urbanized (7) by striking paragraph (16); and dents— area designated as a nonattainment area for (8) by redesignating paragraph (17) as para- ‘‘(A) by agreement between the Governor ozone or carbon monoxide under the Clean graph (16), to read as follows: and units of general purpose local govern- Air Act (42 U.S.C. 7401 et seq.), the bound- ‘‘(16) URBANIZED AREA.—The term ‘urban- ment that combined represent not less than aries of the metropolitan planning area in ized area’ means an area encompassing a 75 percent of the affected population (includ- existence as of the date of enactment of this population of not less than 50,000 people that ing the incorporated city or cities named by paragraph shall be retained, except that the has been defined and designated in the most the Bureau of the Census in designating the boundaries may be adjusted by agreement of recent decennial census as an ‘urbanized urbanized area); or the Governor and affected metropolitan area’ by the Secretary of Commerce.’’. ‘‘(B) in accordance with procedures estab- planning organizations in accordance with SEC. 3005. METROPOLITAN TRANSPORTATION lished by applicable State or local law. paragraph (5). PLANNING. ‘‘(2) STRUCTURE.—Each metropolitan plan- ‘‘(5) NEW METROPOLITAN PLANNING AREAS IN Section 5303 is amended to read as follows: ning organization designated under para- NONATTAINMENT.—If an urbanized area is des- ‘‘§ 5303. Metropolitan transportation planning graph (1) that serves an area identified as a ignated after the date of enactment of this ‘‘(a) DEFINITIONS.—As used in this section transportation management area shall con- paragraph in a nonattainment area for ozone and in section 5304, the following definitions sist of— or carbon monoxide, the boundaries of the shall apply: ‘‘(A) local elected officials; metropolitan planning area— ‘‘(1) CONSULTATION.—A ‘consultation’ oc- ‘‘(B) officials of public agencies that ad- ‘‘(A) shall be established in accordance curs when 1 party— minister or operate major modes of transpor- with subsection (c)(1); ‘‘(A) confers with another identified party tation in the metropolitan area; and ‘‘(B) shall encompass the areas described in in accordance with an established process; ‘‘(C) appropriate State officials. paragraph (2)(A); ‘‘(B) prior to taking action, considers that ‘‘(3) LIMITATION ON STATUTORY CONSTRUC- ‘‘(C) may encompass the areas described in party’s views; and TION.—Nothing in this subsection shall be paragraph (2)(B); and ‘‘(C) periodically informs that party about construed to interfere with the authority, ‘‘(D) may address any nonattainment iden- action taken. under any State law in effect on December tified under the Clean Air Act (42 U.S.C. 7401 ‘‘(2) METROPOLITAN PLANNING AREA.—The 18, 1991, of a public agency with multimodal et seq.) for ozone or carbon monoxide. term ‘metropolitan planning area’ means the transportation responsibilities— ‘‘(e) COORDINATION IN MULTISTATE AREAS.— geographic area determined by agreement ‘‘(A) to develop plans and programs for ‘‘(1) IN GENERAL.—The Secretary shall en- between the metropolitan planning organiza- adoption by a metropolitan planning organi- courage each Governor with responsibility tion and the Governor under subsection (d). zation; and for a portion of a multistate metropolitan ‘‘(3) METROPOLITAN PLANNING ORGANIZA- ‘‘(B) to develop long-range capital plans, area and the appropriate metropolitan plan- TION.—The term ‘metropolitan planning or- coordinate transit services and projects, and ning organizations to provide coordinated ganization’ means the Policy Board of the carry out other activities pursuant to State transportation planning for the entire met- organization designated under subsection (c). law. ropolitan area. ‘‘(4) NON-METROPOLITAN AREA.—The term ‘‘(4) CONTINUING DESIGNATION.—The des- ‘‘(2) INTERSTATE COMPACTS.—States are au- ‘non-metropolitan area’ means any geo- ignation of a metropolitan planning organi- thorized—

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S653 ‘‘(A) to enter into agreements or compacts cated within the boundaries of more than 1 plan, a transportation improvement plan, a with other States, which are not in conflict metropolitan planning area, the metropoli- project or strategy, or the certification of a with any law of the United States, for coop- tan planning organizations shall coordinate planning process. erative efforts and mutual assistance in sup- plans regarding the transportation improve- ‘‘(h) DEVELOPMENT OF TRANSPORTATION port of activities authorized under this sec- ment. PLAN.— tion as the activities pertain to interstate ‘‘(3) INTERREGIONAL AND INTERSTATE ‘‘(1) IN GENERAL.—Each metropolitan plan- areas and localities within the States; and PROJECT IMPACTS.—Planning for National ning organization shall develop, and update ‘‘(B) to establish such agencies, joint or Highway System, commuter rail projects, or not less frequently than every 3 years, a otherwise, as the States may determine de- other projects with substantial impacts out- transportation plan for its metropolitan sirable for making the agreements and com- side a single metropolitan planning area or planning area in accordance with this sub- pacts effective. State shall be coordinated directly with the section. In developing the transportation ‘‘(3) LAKE TAHOE REGION.— affected, contiguous metropolitan planning plan under this section, each metropolitan ‘‘(A) DEFINITION.—In this paragraph, the organizations and States. planning organization shall consider the fac- term ‘Lake Tahoe region’ has the meaning ‘‘(4) COORDINATION WITH OTHER PLANNING tors described in subsection (f) over a 20-year given the term ‘region’ in subdivision (a) of PROCESSES.— forecast period. For the purpose of devel- article II of the Tahoe Regional Planning ‘‘(A) IN GENERAL.—The Secretary shall en- oping the transportation plan, the metro- Compact, as set forth in the first section of courage each metropolitan planning organi- politan planning organization, transit oper- Public Law 96–551 (94 Stat. 3234). zation to coordinate its planning process, to ator, and State shall cooperatively develop ‘‘(B) TRANSPORTATION PLANNING PROCESS.— the maximum extent practicable, with those estimates of funds that will be available to The Secretary shall— officials responsible for other types of plan- support plan implementation. ‘‘(i) establish with the Federal land man- ning activities that are affected by transpor- ‘‘(2) CONTENTS.—A transportation plan agement agencies that have jurisdiction over tation, including State and local land use under this subsection shall be in a form that land in the Lake Tahoe region a transpor- planning, economic development, environ- the Secretary determines to be appropriate tation planning process for the region; and mental protection, airport operations, hous- and shall contain— ‘‘(ii) coordinate the transportation plan- ing, and freight. ‘‘(A) an identification of transportation fa- ning process with the planning process re- ‘‘(B) OTHER CONSIDERATIONS.—The metro- quired of State and local governments under politan planning process shall develop trans- cilities, including major roadways, public this section and section 5304. portation plans with due consideration of, transportation, multimodal and intermodal facilities, and intermodal connectors, that ‘‘(C) INTERSTATE COMPACT.— and in coordination with, other related plan- should function as an integrated metropoli- ‘‘(i) IN GENERAL.—Subject to clause (ii) and ning activities within the metropolitan area. notwithstanding subsection (c), to carry out This should include the design and delivery tan transportation system, emphasizing the transportation planning process required of transportation services within the metro- those facilities that serve important na- by this section, California and Nevada may politan area that are provided by— tional and regional transportation functions; designate a metropolitan planning organiza- ‘‘(i) recipients of assistance under this ‘‘(B) a financial plan that— tion for the Lake Tahoe region, by agree- chapter; ‘‘(i) demonstrates how the adopted trans- ment between the Governors of the States of ‘‘(ii) governmental agencies and nonprofit portation plan can be implemented; California and Nevada and units of general organizations (including representatives of ‘‘(ii) indicates resources from public and purpose local government that combined the agencies and organizations) that receive private sources that are reasonably expected represent not less than 75 percent of the af- Federal assistance from a source other than to be made available to carry out the plan; fected population (including the incor- the Department of Transportation to provide ‘‘(iii) recommends any additional financing porated city or cities named by the Bureau nonemergency transportation services; and strategies for needed projects and programs; of the Census in designating the urbanized ‘‘(iii) recipients of assistance under section and area), or in accordance with procedures es- 204 of title 23. ‘‘(iv) may include, for illustrative pur- tablished by applicable State or local law. ‘‘(g) SCOPE OF PLANNING PROCESS.— poses, additional projects that would be in- ‘‘(ii) INVOLVEMENT OF FEDERAL LAND MAN- ‘‘(1) IN GENERAL.—The goals and objectives cluded in the adopted transportation plan if AGEMENT AGENCIES.— developed through the metropolitan plan- approved by the Secretary and reasonable ‘‘(I) REPRESENTATION.—The policy board of ning process for a metropolitan planning additional resources beyond those identified a metropolitan planning organization des- area under this section shall address, in rela- in the financial plan were available; ignated under clause (i) shall include a rep- tion to the performance of the metropolitan ‘‘(C) operational and management strate- resentative of each Federal land manage- area transportation systems— gies to improve the performance of existing ment agency that has jurisdiction over land ‘‘(A) supporting the economic vitality of transportation facilities to relieve vehicular in the Lake Tahoe region. the metropolitan area, especially by ena- congestion and maximize the safety and mo- ‘‘(II) FUNDING.—In addition to funds made bling global competitiveness, productivity, bility of people and goods; available to the metropolitan planning orga- and efficiency, including through services ‘‘(D) capital investment and other strate- nization under other provisions of title 23 provided by public and private operators; gies to preserve the existing metropolitan and this chapter, not more than 1 percent of ‘‘(B) increasing the safety of the transpor- transportation infrastructure and provide for the funds allocated under section 202 of title tation system for motorized and non- multimodal capacity increases based on re- 23 may be used to carry out the transpor- motorized users; gional priorities and needs; and tation planning process for the Lake Tahoe ‘‘(C) increasing the security of the trans- ‘‘(E) proposed transportation and transit region under this subparagraph. portation system for motorized and non- enhancement activities. ‘‘(D) ACTIVITIES.—Highway projects in- motorized users; ‘‘(3) COORDINATION WITH CLEAN AIR ACT cluded in transportation plans developed ‘‘(D) increasing the accessibility and mo- AGENCIES.—In metropolitan areas in non- under this paragraph— bility of people and for freight, including attainment for ozone or carbon monoxide ‘‘(i) shall be selected for funding in a man- through services provided by public and pri- under the Clean Air Act (42 U.S.C. 7401 et ner that facilitates the participation of the vate operators; seq.), the metropolitan planning organiza- Federal land management agencies that ‘‘(E) protecting and enhancing the environ- tion shall coordinate the development of a have jurisdiction over land in the Lake ment, promoting energy conservation, and transportation plan with the process for de- Tahoe region; and promoting consistency between transpor- velopment of the transportation control ‘‘(ii) may, in accordance with chapter 2 of tation improvements and State and local measures of the State implementation plan title 23, be funded using funds allocated land use planning and economic development required by the Clean Air Act. under section 202 of title 23. patterns; ‘‘(4) PARTICIPATION BY INTERESTED PAR- ‘‘(f) COORDINATION OF METROPOLITAN PLAN- ‘‘(F) enhancing the integration and TIES.— NING ORGANIZATIONS.— connectivity of the transportation system, ‘‘(A) DEVELOPMENT OF PARTICIPATION ‘‘(1) NONATTAINMENT AREAS.—If more than across and between modes, for people and PLAN.—Not less frequently than every 3 1 metropolitan planning organization has au- freight, including through services provided years, each metropolitan planning organiza- thority within a metropolitan area or an by public and private operators; tion shall develop and adopt a plan for par- area which is designated as a nonattainment ‘‘(G) promoting efficient system manage- ticipation in the process for developing the area for ozone or carbon monoxide under the ment and operation; and metropolitan transportation plan by— Clean Air Act (42 U.S.C. 7401 et seq.), each ‘‘(H) emphasizing the preservation of the ‘‘(i) citizens; metropolitan planning organization shall existing transportation system, including ‘‘(ii) affected public agencies; consult with the other metropolitan plan- services provided by public and private oper- ‘‘(iii) representatives of public transpor- ning organizations designated for such area ators. tation employees; and the State in the coordination of plans re- ‘‘(2) FAILURE TO CONSIDER FACTORS.—The ‘‘(iv) freight shippers; quired by this section. failure to consider any factor specified in ‘‘(v) providers of freight transportation ‘‘(2) TRANSPORTATION IMPROVEMENTS LO- paragraph (1) shall not be reviewable by any services; CATED IN MULTIPLE METROPOLITAN PLANNING court under title 23 or this title, subchapter ‘‘(vi) private providers of transportation; AREAS.—If a transportation improvement II of chapter 5 of title 5, or chapter 7 of title ‘‘(vii) representatives of users of public funded from the highway trust fund is lo- 5 in any matter affecting a transportation transit;

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S654 CONGRESSIONAL RECORD — SENATE February 5, 2004 ‘‘(viii) representatives of users of pedes- the approved transportation plan in place of State and any affected public transit oper- trian walkways and bicycle transportation another project in the same 5-year period. ator. facilities; and ‘‘(8) PUBLICATION REQUIREMENTS.— ‘‘(B) NATIONAL HIGHWAY SYSTEM ‘‘(ix) other interested parties. ‘‘(A) PUBLICATION OF TRANSPORTATION PROJECTS.—Projects on the National High- ‘‘(B) CONTENTS OF PARTICIPATION PLAN.— PLAN.—A transportation plan involving Fed- way System carried out within the bound- The participation plan— eral participation shall be published or oth- aries of a metropolitan planning area serving ‘‘(i) shall be developed in a manner the erwise made readily available by the metro- a transportation management area and Secretary determines to be appropriate; politan planning organization for public re- projects carried out within such boundaries ‘‘(ii) shall be developed in consultation view. under the bridge program or the Interstate with all interested parties; and ‘‘(B) PUBLICATION OF ANNUAL LISTINGS OF maintenance program under title 23 shall be ‘‘(iii) shall provide that all interested par- PROJECTS.—An annual listing of projects, in- selected for implementation from the ap- ties have reasonable opportunities to com- cluding investments in pedestrian walkways proved transportation plan by the State in ment on— and bicycle transportation facilities, for cooperation with the metropolitan planning ‘‘(I) the process for developing the trans- which Federal funds have been obligated in organization designated for the area. portation plan; and the preceding 5 years shall be published or ‘‘(5) CERTIFICATION.— ‘‘(II) the contents of the transportation otherwise made available for public review ‘‘(A) IN GENERAL.—The Secretary shall— plan. by the cooperative effort of the State, tran- ‘‘(i) ensure that the metropolitan planning ‘‘(C) CERTIFICATION.—Before the approval sit operator, and the metropolitan planning process of a metropolitan planning organiza- of a transportation plan by the Governor and organization. This listing shall be consistent tion serving a transportation management metropolitan planning organizations, each with the funding categories identified in the area is being carried out in accordance with metropolitan planning organization shall first 5 years of the transportation plan. Federal law; and certify that it has complied with the require- ‘‘(C) RULEMAKING.—Not later than 120 days ‘‘(ii) subject to subparagraph (B), certify, ments of the participation plan it has adopt- after the date of enactment of the Federal not less frequently than once every 3 years, ed. Public Transportation Act of 2004, the Sec- that the requirements of this paragraph are ‘‘(5) APPROVAL OF THE TRANSPORTATION retary shall issue regulations specifying— met with respect to the metropolitan plan- PLAN.— ‘‘(i) the types of data to be included in the ning process. ‘‘(A) IN GENERAL.—Each transportation list described in subparagraph (B), includ- ‘‘(B) REQUIREMENTS FOR CERTIFICATION.— plan prepared by a metropolitan planning or- ing— The Secretary may make the certification ganization shall be— ‘‘(I) the name, type, purpose, and location under subparagraph (A) if— ‘‘(i) approved by the Metropolitan Plan- (geocoded) of each project; ‘‘(i) the transportation planning process ning Organization; and ‘‘(II) the Federal, State, and local identi- complies with the requirements of this sec- ‘‘(ii) submitted to the Governor for ap- fication numbers assigned to each project; tion and other applicable Federal law; and proval of the first 5 years of the plan. ‘‘(III) amounts obligated and expended on ‘‘(ii) a transportation plan for the metro- ‘‘(B) PROJECT ADVANCEMENT.—The projects each project, sorted by funding source and politan planning area has been approved by listed in the first 5 years of the plan may be transportation mode, and including the date the metropolitan planning organization and selected for advancement consistent with the on which each obligation was made; and the Governor. project selection requirements. ‘‘(IV) the status of each project; and ‘‘(C) PENALTY FOR FAILING TO CERTIFY.— ‘‘(C) MAJOR AMENDMENTS.—Major amend- ‘‘(ii) the media through which the list de- ‘‘(i) WITHHOLDING PROJECT FUNDS.—If the ments to the list described in subparagraph scribed in subparagraph (B) will be made metropolitan planning process of a metro- (B), including the addition, deletion, or con- available to the public, including written politan planning organization serving a cept and scope change of a regionally signifi- and visual components for each of the transportation management area is not cer- cant project, may not be advanced without— projects listed. tified, the Secretary may withhold any funds ‘‘(i) appropriate public involvement; ‘‘(i) TRANSPORTATION MANAGEMENT otherwise available to the metropolitan ‘‘(ii) financial planning; AREAS.— planning area for projects funded under title ‘‘(iii) transportation conformity analyses; ‘‘(1) REQUIRED IDENTIFICATION.—The Sec- 23 and this chapter. and retary shall identify as a transportation ‘‘(ii) RESTORATION OF WITHHELD FUNDS.— ‘‘(iv) a finding by the Federal Highway Ad- management area each urbanized area with a Any funds withheld under clause (i) shall be ministration and Federal Transit Adminis- population of more than 200,000 individuals. restored to the metropolitan planning area tration that the amended plan was produced ‘‘(2) TRANSPORTATION PLANS.—Transpor- when the metropolitan planning process is in a manner consistent with this section. tation plans for a metropolitan planning certified by the Secretary. ‘‘(6) INCLUDED PROJECTS.— area serving a transportation management ‘‘(D) REVIEW OF CERTIFICATION.—In making ‘‘(A) PROJECTS UNDER CHAPTER 1 OF TITLE 23 area shall be based on a continuing and com- a certification under this paragraph, the Sec- AND THIS CHAPTER.—A transportation plan prehensive transportation planning process retary shall provide for public involvement developed under this section for a metropoli- carried out by the metropolitan planning or- appropriate to the metropolitan area under tan area shall include the projects and strat- ganization in cooperation with the State and review. egies within the metropolitan area that are transit operators. ‘‘(j) ABBREVIATED PLANS FOR CERTAIN proposed for funding under chapter 1 of title ‘‘(3) CONGESTION MANAGEMENT SYSTEM.— AREAS.— 23 and this chapter. ‘‘(A) IN GENERAL.—The transportation ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(B) PROJECTS UNDER CHAPTER 2 OF TITLE planning process under this section shall ad- in the case of a metropolitan area not des- 23.— dress congestion management through a ignated as a transportation management ‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.— process that provides for effective manage- area under this section, the Secretary may Regionally significant projects proposed for ment and operation, based on a coopera- provide for the development of an abbre- funding under chapter 2 of title 23 shall be tively developed and implemented metro- viated transportation plan for the metropoli- identified individually in the metropolitan politan-wide strategy, of new and existing tan planning area that the Secretary deter- transportation plan. transportation facilities eligible for funding mines is appropriate to achieve the purposes ‘‘(ii) OTHER PROJECTS.—Projects proposed under title 23 and this chapter through the of this section, after considering the com- for funding under chapter 2 of title 23 that use of travel demand reduction and oper- plexity of transportation problems in the are not regionally significant shall be ational management strategies. area. grouped in 1 line item or identified individ- ‘‘(B) PHASE-IN SCHEDULE.—The Secretary ‘‘(2) NONATTAINMENT AREAS.—The Sec- ually in the metropolitan transportation shall establish a phase-in schedule that pro- retary may not permit abbreviated plans for plan. vides for not less than 1-year after the iden- a metropolitan area that is in nonattain- ‘‘(7) SELECTION OF PROJECTS.— tification of transportation management ment for ozone or carbon monoxide under ‘‘(A) IN GENERAL.—Except as otherwise pro- areas under paragraph (1) to achieve full the Clean Air Act (42 U.S.C. 7401 et seq.). vided in subsection (i)(4), the selection of compliance with the requirements of this ‘‘(k) ADDITIONAL REQUIREMENTS FOR CER- federally funded projects in metropolitan section. TAIN NONATTAINMENT AREAS.— planning areas shall be carried out, from the ‘‘(4) SELECTION OF PROJECTS.— ‘‘(1) IN GENERAL.—Notwithstanding any approved transportation plan— ‘‘(A) IN GENERAL.—All federally funded other provisions of title 23 or this chapter, ‘‘(i) by the State, in the case of projects projects carried out within the boundaries of Federal funds may not be advanced for trans- under chapter 1 of title 23 or section 5308, a metropolitan planning area serving a portation management areas classified as 5310, 5311, or 5317 of this title; transportation management area under title nonattainment for ozone or carbon monoxide ‘‘(ii) by the designated recipient, in the 23 (except for projects carried out on the Na- pursuant to the Clean Air Act (42 U.S.C. 7401 case of projects under section 5307; and tional Highway System and projects carried et seq.) for any highway project that will re- ‘‘(iii) in cooperation with the metropolitan out under the bridge program or the Inter- sult in a significant increase in carrying ca- planning organization. state maintenance program) or under this pacity for single-occupant vehicles unless ‘‘(B) MODIFICATIONS TO PROJECT PRIORITY.— chapter shall be selected for implementation the project is addressed through a congestion Notwithstanding any other provision of law, from the approved transportation plan by management process. action by the Secretary shall not be required the metropolitan planning organization des- ‘‘(2) APPLICABILITY.—This subsection ap- to advance a project from the first 5 years of ignated for the area in consultation with the plies to a nonattainment area within the

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TION.—Nothing in this section shall be con- ‘‘(C) increase the security of the transpor- ‘‘(4) FINANCIAL PLAN.—The Plan may in- strued to confer on a metropolitan planning tation system for motorized and non- clude a financial plan that— organization the authority to impose legal motorized users; ‘‘(A) demonstrates how the adopted Plan requirements on any transportation facility, ‘‘(D) increase the accessibility and mobil- can be implemented; provider, or project that is not eligible under ity of people and freight; ‘‘(B) indicates resources from public and title 23 or this chapter. ‘‘(E) protect and enhance the environment, private sources that are reasonably expected ‘‘(m) AVAILABILITY OF FUNDS.—Funds set promote energy conservation, promote con- to be made available to carry out the Plan; aside under section 104(f) of title 23 or sec- sistency between transportation improve- ‘‘(C) recommends any additional financing tion 5308 of this title shall be available to ments and State and local land use planning strategies for needed projects and programs; carry out this section. and economic development patterns, and im- and ‘‘(n) CONTINUATION OF CURRENT REVIEW prove the quality of life; ‘‘(D) may include, for illustrative purposes, PRACTICE.—Any decision by the Secretary ‘‘(F) enhance the integration and additional projects that would be included in concerning a plan described in this section connectivity of the transportation system, the adopted Plan if reasonable additional re- shall not be considered to be a Federal ac- across and between modes throughout the sources beyond those identified in the finan- tion subject to review under the National State, for people and freight; cial plan were available. ‘‘(5) SELECTION OF PROJECTS FROM ILLUS- Environmental Policy Act of 1969 (42 U.S.C. ‘‘(G) promote efficient system manage- TRATIVE LIST.—A State shall not be required 4321 et seq.).’’. ment and operation; and to select any project from the illustrative ‘‘(H) emphasize the preservation of the ex- SEC. 3006. STATEWIDE TRANSPORTATION PLAN- list of additional projects included in the fi- isting transportation system. NING. nancial plan described in paragraph (4). ‘‘(2) FAILURE TO CONSIDER FACTORS.—The Section 5304 is amended to read as follows: ‘‘(6) EXISTING SYSTEM.—The Plan should in- failure to consider any factor specified in ‘‘§ 5304. Statewide transportation planning clude capital, operations and management paragraph (1) shall not be reviewable by any strategies, investments, procedures, and ‘‘(a) GENERAL REQUIREMENTS.— court under title 23 or this title, subchapter other measures to ensure the preservation ‘‘(1) DEVELOPMENT OF PLANS AND PRO- II of chapter 5 of title 5, or chapter 7 of title and most efficient use of the existing trans- GRAMS.—To support the policies described in 5 in any matter affecting a Plan, a Program, section 5301(a), each State shall develop a portation system. a project or strategy, or the certification of ‘‘(g) STATEWIDE TRANSPORTATION IMPROVE- statewide transportation plan (referred to in a planning process. MENT PROGRAM.— this section as a ‘‘Plan’’) and a statewide ‘‘(e) ADDITIONAL REQUIREMENTS.—In car- ‘‘(1) DEVELOPMENT.—Each State shall de- transportation improvement program (re- velop a Program for all areas of the State. ferred to in this section as a ‘‘Program’’) for rying out planning under this section, each ‘‘(2) CONSULTATION WITH GOVERNMENTS.— all areas of the State subject to section 5303. State shall consider— ‘‘(1) with respect to nonmetropolitan areas, ‘‘(A) METROPOLITAN AREAS.—With respect ‘‘(2) CONTENTS.—The Plan and the Program to each metropolitan area in the State, the developed for each State shall provide for the concerns of affected local officials with responsibility for transportation; Program shall be developed in cooperation the development and integrated manage- with the metropolitan planning organization ment and operation of transportation sys- ‘‘(2) the concerns of Indian tribal govern- ments and Federal land management agen- designated for the metropolitan area under tems and facilities (including pedestrian section 5303. cies that have jurisdiction over land within walkways and bicycle transportation facili- ‘‘(B) NONMETROPOLITAN AREAS.—With re- the boundaries of the State; and ties) that will function as an intermodal spect to each nonmetropolitan area in the ‘‘(3) coordination of Plans, Programs, and transportation system for the State and an State, the Program shall be developed in planning activities with related planning ac- integral part of an intermodal transpor- consultation with affected nonmetropolitan tivities being carried out outside of metro- tation system for the United States. local officials with responsibility for trans- politan planning areas and between States. ‘‘(3) PROCESS OF DEVELOPMENT.—The proc- portation. The consultation process shall not ess for developing the Plan and the Program ‘‘(f) STATEWIDE TRANSPORTATION PLAN.— require the review or approval of the Sec- shall— ‘‘(1) DEVELOPMENT.—Each State shall de- retary. ‘‘(A) provide for the consideration of all velop a Plan, with a minimum 20-year fore- ‘‘(C) INDIAN TRIBAL AREAS.—With respect to modes of transportation and the policies de- cast period for all areas of the State, that each area of the State under the jurisdiction scribed in section 5301(a); and provides for the development and implemen- of an Indian tribal government, the Program ‘‘(B) be continuing, cooperative, and com- tation of the intermodal transportation sys- shall be developed in consultation with the prehensive to the degree appropriate, based tem of the State. tribal government and the Secretary of the on the complexity of the transportation ‘‘(2) CONSULTATION WITH GOVERNMENTS.— Interior. problems to be addressed. ‘‘(A) METROPOLITAN AREAS.—The Plan ‘‘(3) PARTICIPATION BY INTERESTED PAR- ‘‘(b) COORDINATION WITH METROPOLITAN shall be developed for each metropolitan TIES.—In developing the Program, the State PLANNING; STATE IMPLEMENTATION PLAN.— area in the State in cooperation with the shall provide citizens, affected public agen- Each State shall— metropolitan planning organization des- cies, representatives of public transportation ‘‘(1) coordinate planning under this section ignated for the metropolitan area under sec- employees, freight shippers, private pro- with the transportation planning activities tion 5303. viders of transportation, providers of freight under section 5303 for metropolitan areas of ‘‘(B) NONMETROPOLITAN AREAS.—With re- transportation services, representatives of the State and with other related statewide spect to nonmetropolitan areas, the state- users of public transit, representatives of planning activities, such as trade and eco- wide transportation plan shall be developed users of pedestrian walkways and bicycle nomic development and related multistate in consultation with affected nonmetropoli- transportation facilities, and other inter- planning efforts; and tan officials with responsibility for transpor- ested parties with a reasonable opportunity ‘‘(2) develop the transportation portion of tation. The consultation process shall not re- to comment on the proposed Program. the State implementation plan as required quire the review or approval of the Sec- ‘‘(4) INCLUDED PROJECTS.— by the Clean Air Act (42 U.S.C. 7401 et seq.). retary. ‘‘(A) IN GENERAL.—A Program developed ‘‘(c) INTERSTATE AGREEMENTS.—States may ‘‘(C) INDIAN TRIBAL AREAS.—With respect to under this subsection for a State shall in- enter into agreements or compacts with each area of the State under the jurisdiction clude federally supported surface transpor- other States for cooperative efforts and mu- of an Indian tribal government, the Plan tation expenditures within the boundaries of tual assistance in support of activities au- shall be developed in consultation with the the State. thorized under this section related to inter- tribal government and the Secretary of the ‘‘(B) LISTING OF PROJECTS.—The Program state areas and localities in the States and Interior. shall cover a minimum of 5 years, identify establishing authorities the States consider ‘‘(3) PARTICIPATION BY INTERESTED PAR- projects by year, be fiscally constrained by desirable for making the agreements and TIES.—In developing the Plan, the State year, and be updated not less than once compacts effective. shall— every 5 years. An annual listing of projects ‘‘(d) SCOPE OF PLANNING PROCESS.— ‘‘(A) provide citizens, affected public agen- for which funds have been obligated in the ‘‘(1) IN GENERAL.—Each State shall carry cies, representatives of public transportation preceding 5 years in each metropolitan plan- out a statewide transportation planning employees, freight shippers, private pro- ning area shall be published or otherwise process that provides for consideration of viders of transportation, representatives of made available by the cooperative effort of projects, strategies, and implementing users of public transportation, representa- the State, transit operator, and the metro- projects and services that will— tives of users of pedestrian walkways and bi- politan planning organization for public re- ‘‘(A) support the economic vitality of the cycle transportation facilities, providers of view. The listing shall be consistent with the United States, the States, nonmetropolitan freight transportation services, and other in- funding categories identified in the first 5 areas, and metropolitan areas, especially by terested parties with a reasonable oppor- years of each metropolitan transportation enabling global competitiveness, produc- tunity to comment on the proposed Plan; plan. tivity, and efficiency; and ‘‘(C) INDIVIDUAL IDENTIFICATION.—

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‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.— shall be selected, from the approved Pro- 5303, 5304, and 5306, by the chief executive of- Regionally significant projects proposed for gram, by the State in consultation with the ficer of a State, responsible local officials, funding under chapter 2 of title 23 shall be affected local officials with responsibility for and publicly owned operators of public trans- identified individually in the transportation transportation. portation, to receive and apportion amounts improvement program. ‘‘(6) STATEWIDE TRANSPORTATION IMPROVE- under sections 5336 and 5337 that are attrib- ‘‘(ii) OTHER PROJECTS.—Projects proposed MENT PROGRAM APPROVAL.—A Program devel- utable to transportation management areas for funding under chapter 2 of title 23 that oped under this subsection shall be reviewed designated under section 5303; or’’; and are not determined to be regionally signifi- and based on a current planning finding ap- (2) by adding at the end the following: cant shall be grouped in 1 line item or identi- proved by the Secretary not less frequently ‘‘(3) SUBRECIPIENT.—The term ‘sub- fied individually. than once every 5 years. recipient’ means a State or local govern- ‘‘(D) CONSISTENCY WITH STATEWIDE TRANS- ‘‘(7) PLANNING FINDING.—Not less fre- mental authority, a nonprofit organization, PORTATION PLAN.—Each project shall be— quently than once every 5 years, the Sec- or a private operator of public transpor- ‘‘(i) consistent with the Plan developed retary shall determine whether the transpor- tation service that may receive a Federal under this section for the State; tation planning process through which Plans transit program grant indirectly through a ‘‘(ii) identical to the project or phase of the and Programs are developed are consistent recipient, rather than directly from the Fed- project as described in each year of the ini- with this section and section 5303. eral Government.’’. tial 5 years of an approved metropolitan ‘‘(8) MODIFICATIONS TO PROJECT PRIORITY.— (c) GENERAL AUTHORITY.—Section 5307(b) is transportation plan; and Notwithstanding any other provision of law, amended— ‘‘(iii) in conformance with the applicable action by the Secretary shall not be required (1) by amending paragraph (1) to read as State air quality implementation plan devel- to advance a project included in the ap- follows: oped under the Clean Air Act (42 U.S.C. 7401 proved Program in place of another project ‘‘(1) IN GENERAL.—The Secretary of Trans- et seq.), if the project is carried out in an in the program. portation may award grants under this sec- area designated as nonattainment for ozone ‘‘(h) FUNDING.—Funds set aside pursuant to tion for— or carbon monoxide under that Act. section 104(i) of title 23 and 5308 of this title ‘‘(A) capital projects, including associated ‘‘(E) REQUIREMENT OF ANTICIPATED FULL shall be available to carry out this section. capital maintenance items; FUNDING.—The Program shall include a ‘‘(i) TREATMENT OF CERTAIN STATE LAWS AS ‘‘(B) planning, including mobility manage- ment; project, or an identified phase of a project, CONGESTION MANAGEMENT SYSTEMS.—For only if full funding can reasonably be antici- purposes of this section and section 5303, ‘‘(C) transit enhancements; pated to be available for the project within State laws, rules, or regulations pertaining ‘‘(D) operating costs of equipment and fa- the time period contemplated for completion to congestion management systems or pro- cilities for use in public transportation in an of the project. grams may constitute the congestion man- urbanized area with a population of less than ‘‘(F) FINANCIAL PLAN.—The Program may agement system under section 5303(i)(3) if 200,000; and ‘‘(E) operating costs of equipment and fa- include a financial plan that— the Secretary determines that the State cilities for use in public transportation in a ‘‘(i) demonstrates how the approved Pro- laws, rules, or regulations are consistent portion or portions of an urbanized area with gram can be implemented; with, and fulfill the intent of, the purposes of a population of at least 200,000, but not more ‘‘(ii) indicates resources from public and section 5303. private sources that are reasonably expected than 225,000, if— ‘‘(j) CONTINUATION OF CURRENT REVIEW to be made available to carry out the Pro- ‘‘(i) the urbanized area includes parts of PRACTICE.—Any decision by the Secretary more than one State or Commonwealth; gram; concerning a metropolitan or statewide ‘‘(ii) the portion of the urbanized area in- ‘‘(iii) recommends any additional financing transportation plan or the Statewide Trans- cludes only one State or Commonwealth; strategies for needed projects and programs; portation Improvement Program described ‘‘(iii) the population of the portion of the and in this section shall not be considered to be ‘‘(iv) may include, for illustrative pur- urbanized area is less than 30,000; and a Federal action subject to review under the poses, additional projects that would be in- ‘‘(iv) the grants will not be used to provide National Environmental Policy Act of 1969 cluded in the adopted transportation plan if public transportation outside of the por- (42 U.S.C. 4321 et seq.). reasonable additional resources beyond those tion.’’; ‘‘(k) INTEGRATION OF PLANNING AND ENVI- identified in the financial plan were avail- (2) by amending paragraph (2) to read as RONMENTAL STUDIES.—Section 5303(o) shall able. follows: also apply to the planning process estab- ‘‘(G) SELECTION OF PROJECTS FROM ILLUS- ‘‘(2) SPECIAL RULE FOR FISCAL YEARS 2004 lished under this section, except that the TRATIVE LIST.— THROUGH 2006— planning factors to be considered shall be ‘‘(i) NO REQUIRED SELECTION.—Notwith- ‘‘(A) INCREASED FLEXIBILITY.—The Sec- those set forth in subsection (d).’’. standing subparagraph (F), a State shall not retary may award grants under this section, be required to select any project from the il- SEC. 3007. TRANSPORTATION MANAGEMENT from funds made available to carry out this lustrative list of additional projects included AREAS. section for fiscal years 2004 through 2006, to in the financial plan under subparagraph (F). Section 5305 is repealed. finance the operating cost of equipment and ‘‘(ii) REQUIRED ACTION BY THE SECRETARY.— SEC. 3008. PRIVATE ENTERPRISE PARTICIPA- facilities for use in mass transportation in Action by the Secretary shall be required for TION. an urbanized area with a population of at a State to select any project from the illus- Section 5306 is amended— least 200,000 as determined by the 2000 decen- trative list of additional projects included in (1) in subsection (a)— nial census of population if— the financial plan under subparagraph (F) for (A) by striking ‘‘5305 of this title’’ and in- ‘‘(i) the urbanized area had a population of inclusion in an approved Program. serting ‘‘5308’’; and less than 200,000, as determined by the 1990 ‘‘(H) PRIORITIES.—The Program shall re- (B) by inserting ‘‘, as determined by local decennial census of population; flect the priorities for programming and ex- policies, criteria, and decision making,’’ ‘‘(ii) a portion of the urbanized area was a penditures of funds, including transportation after ‘‘feasible’’; separate urbanized area with a population of and transit enhancement activities, required (2) in subsection (b) by striking ‘‘5303–5305 less than 200,000, as determined by the 1990 by title 23 and this chapter, and transpor- of this title’’ and inserting ‘‘5303, 5304, and decennial census of population; tation control measures included in the 5308’’; and ‘‘(iii) the area was not designated as an ur- State’s air quality implementation plan. (3) by adding at the end the following: banized area as determined by the 1990 de- ‘‘(5) PROJECT SELECTION FOR AREAS WITH ‘‘(c) REGULATIONS.—Not later than 1 year cennial census of population; and POPULATIONS OF FEWER THAN 50,000 INDIVID- after the date of enactment of the Federal ‘‘(iv) a portion of the area was not des- UALS.— Public Transportation Act of 2004, the Sec- ignated as an urbanized area, as determined ‘‘(A) IN GENERAL.—Projects carried out in retary shall issue regulations describing how by the 1990 decennial census and received as- areas with populations of fewer than 50,000 the requirements under this chapter relating sistance under section 5311 in fiscal year individuals shall be selected, from the ap- to subsection (a) shall be enforced. 2002. proved Program (excluding projects carried SEC. 3009. URBANIZED AREA FORMULA GRANTS. ‘‘(B) MAXIMUM AMOUNTS IN FISCAL YEAR out under the National Highway System, the (a) TECHNICAL AMENDMENTS.—Section 5307 2004.—In fiscal year 2004— bridge program, or the Interstate mainte- is amended— ‘‘(i) amounts made available to any urban- nance program under title 23 or sections 5310 (1) by striking subsections (h), (j) and (k); ized area under clause (i) or (ii) of subpara- and 5311 of this title), by the State in co- and graph (A) shall be not more than the amount operation with the affected nonmetropolitan (2) by redesignating subsections (i), (l), (m), apportioned in fiscal year 2002 to the urban- local officials with responsibility for trans- and (n) as subsections (h), (i), (j), and (k), re- ized area with a population of less than portation. spectively. 200,000, as determined in the 1990 decennial ‘‘(B) CERTAIN PROGRAMS.—Projects carried (b) DEFINITIONS.—Section 5307(a) is amend- census of population; out in areas with populations of fewer than ed— ‘‘(ii) amounts made available to any urban- 50,000 individuals under the National High- (1) by amending paragraph (2)(A) to read as ized area under subparagraph (A)(iii) shall be way System, the bridge program, or the follows: not more than the amount apportioned to Interstate maintenance program under title ‘‘(A) an entity designated, in accordance the urbanized area under this section for fis- 23 or under sections 5310 and 5311 of this title with the planning process under sections cal year 2003; and

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‘‘(iii) each portion of any area not des- ‘‘(1) CAPITAL PROJECTS.—A grant for a cap- prehensive transportation planning that con- ignated as an urbanized area under the 1990 ital project under this section shall cover 80 siders the relationships among land use and Federal decennial census and eligible to re- percent of the net project cost.’’; all transportation modes, without regard to ceive funds under subparagraph (A)(iv) shall (2) by striking ‘‘A grant for operating ex- the programmatic source of the planning receive an amount of funds made available penses’’ and inserting the following: amounts. to carry out this section that is not less than ‘‘(2) OPERATING EXPENSES.—A grant for op- ‘‘(c) METROPOLITAN PLANNING PROGRAM.— the amount the portion of the area received erating expenses’’; ‘‘(1) ALLOCATIONS TO STATES.— under section 5311 in fiscal year 2002. (3) by striking the fourth sentence and in- ‘‘(A) IN GENERAL.—The Secretary shall al- ‘‘(C) MAXIMUM AMOUNTS IN FISCAL YEAR serting the following: locate 80 percent of the amount made avail- 2005.—In fiscal year 2005— ‘‘(3) REMAINING COSTS.—The remainder of able under subsection (g)(3)(A) to States to ‘‘(i) amounts made available to any urban- the net project cost shall be provided in cash carry out sections 5303 and 5306 in a ratio ized area under clause (i) or (ii) of subpara- from non-Federal sources or revenues de- equal to the population in urbanized areas in graph (A) shall be not more than 50 percent rived from the sale of advertising and con- each State, divided by the total population of the amount apportioned in fiscal year 2002 cessions and amounts received under a serv- in urbanized areas in all States, as shown by to the urbanized area with a population of ice agreement with a State or local social the latest available decennial census of pop- less than 200,000, as determined in the 1990 service agency or a private social service or- ulation. decennial census of population; ganization.’’; and ‘‘(B) MINIMUM ALLOCATION.—Each State ‘‘(ii) amounts made available to any urban- (4) by adding at the end the following: shall receive not less than 0.5 percent of the ized area under subparagraph (A)(iii) shall be ‘‘The prohibitions on the use of funds for total amount allocated under this paragraph. not more than 50 percent of the amount ap- matching requirements under section ‘‘(2) AVAILABILITY OF FUNDS.—A State re- portioned to the urbanized area under this 403(a)(5)(C)(vii) of the Social Security Act (42 ceiving an allocation under paragraph (1) section for fiscal year 2003; and U.S.C. 603(a)(5)(C)(vii)) shall not apply to the shall promptly distribute such funds to met- ‘‘(iii) each portion of any area not des- remainder.’’. ropolitan planning organizations in the ignated as an urbanized area under the 1990 (g) UNDERTAKING PROJECTS IN ADVANCE.— State under a formula— decennial census and eligible to receive Section 5307(g) is amended by striking para- ‘‘(A) developed by the State in cooperation funds under subparagraph (A)(iv) shall re- graph (4). with the metropolitan planning organiza- ceive an amount of funds made available to (h) RELATIONSHIP TO OTHER LAWS.—Section tions; carry out this section that is not less 50 per- 5307(k), as redesignated, is amended to read ‘‘(B) approved by the Secretary of Trans- cent of the amount the portion of the area as follows: portation; received under section 5311 in fiscal year ‘‘(k) RELATIONSHIP TO OTHER LAWS.— ‘‘(C) that considers population in urbanized 2002. ‘‘(1) APPLICABLE PROVISIONS.—Sections areas; and ‘‘(D) MAXIMUM AMOUNTS IN FISCAL YEAR 5301, 5302, 5303, 5304, 5306, 5315(c), 5318, 5319, ‘‘(D) that provides an appropriate distribu- 2006.—In fiscal year 2006— 5323, 5325, 5327, 5329, 5330, 5331, 5332, 5333 and tion for urbanized areas to carry out the co- ‘‘(i) amounts made available to any urban- 5335 apply to this section and to any grant operative processes described in this section. ized area under clause (i) or (ii) of subpara- made under this section. ‘‘(3) SUPPLEMENTAL ALLOCATIONS.— graph (A) shall be not more than 25 percent ‘‘(2) INAPPLICABLE PROVISIONS.— ‘‘(A) IN GENERAL.—The Secretary shall al- of the amount apportioned in fiscal year 2002 ‘‘(A) IN GENERAL.—Except as provided locate 20 percent of the amount made avail- to the urbanized area with a population of under this section, no other provision of this able under subsection (g)(3)(A) to States to less than 200,000 as determined in the 1990 de- chapter applies to this section or to a grant supplement allocations made under para- cennial census of population; made under this section. graph (1) for metropolitan planning organiza- ‘‘(ii) amounts made available to any urban- ‘‘(B) TITLE 5.—The provision of assistance tions. ized area under subparagraph (A)(iii) shall be under this chapter shall not be construed as ‘‘(B) ALLOCATION FORMULA.—Amounts not more than 25 percent of the amount ap- bringing within the application of chapter 15 under this paragraph shall be allocated portioned to the urbanized area under this of title 5, any nonsupervisory employee of a under a formula that reflects the additional section for fiscal year 2003; and public transportation system (or any other cost of carrying out planning, programming, ‘‘(iii) each portion of any area not des- agency or entity performing related func- and project selection responsibilities in com- ignated as an urbanized area under the 1990 tions) to which such chapter is otherwise in- plex metropolitan planning areas under sec- decennial census and eligible to receive applicable.’’. tions 5303 through 5306. ‘‘(d) STATE PLANNING AND RESEARCH PRO- funds under subparagraph (A)(iv) shall re- SEC. 3010. PLANNING PROGRAMS. GRAM.— ceive an amount of funds made available to (a) IN GENERAL.—Section 5308 is amended ‘‘(1) IN GENERAL.—The amounts made avail- carry out this section that is not less than 25 to read as follows: percent of the amount the portion of the able pursuant to subsection (g)(3)(B) shall be ‘‘§ 5308. Planning programs area received under section 5311 in fiscal allocated to States for grants and contracts year 2002.’’; and ‘‘(a) GRANTS AUTHORIZED.—Under criteria to carry out sections 5304, 5306, 5315, and 5322 (3) by striking paragraph (4). established by the Secretary, the Secretary so that each State receives an amount equal (d) PUBLIC PARTICIPATION REQUIREMENTS.— may award grants to States, authorities of to the ratio of the population in urbanized Section 5307(c)(5) is amended by striking the States, metropolitan planning organiza- areas in that State, divided by the total pop- ‘‘section 5336’’ and inserting ‘‘sections 5336 tions, and local governmental authorities, ulation in urbanized areas in all States, as and 5337’’. make agreements with other departments, shown by the latest available decennial cen- (e) GRANT RECIPIENT REQUIREMENTS.—Sec- agencies, or instrumentalities of the Govern- sus. tion 5307(d)(1) is amended— ment, or enter into contracts with private ‘‘(2) MINIMUM ALLOCATION.—Each State (1) in subparagraph (A), by inserting ‘‘, in- nonprofit or for-profit entities to— shall receive not less than 0.5 percent of the cluding safety and security aspects of the ‘‘(1) develop transportation plans and pro- amount allocated under this subsection. program’’ after ‘‘program’’; grams; ‘‘(3) REALLOCATION.—A State may author- (2) in subparagraph (E), by striking ‘‘sec- ‘‘(2) plan, engineer, design, and evaluate a ize part of the amount made available under tion’’ and all that follows and inserting ‘‘sec- public transportation project; and this subsection to be used to supplement tion, the recipient will comply with sections ‘‘(3) conduct technical studies relating to amounts available under subsection (c). 5323 and 5325;’’; public transportation, including— ‘‘(e) PLANNING CAPACITY BUILDING PRO- (3) in subparagraph (H), by striking ‘‘sec- ‘‘(A) studies related to management, plan- GRAM.— tions 5301(a) and (d), 5303–5306, and 5310(a)–(d) ning, operations, capital requirements, and ‘‘(1) ESTABLISHMENT.—The Secretary shall of this title’’ and inserting ‘‘subsections (a) economic feasibility; establish a Planning Capacity Building Pro- and (d) of section 5301 and sections 5303 ‘‘(B) evaluations of previously financed gram (referred to in this subsection as the through 5306’’; projects; ‘‘Program’’) to support and fund innovative (4) in subparagraph (I) by striking ‘‘and’’ at ‘‘(C) peer reviews and exchanges of tech- practices and enhancements in transpor- the end; nical data, information, assistance, and re- tation planning. (5) in subparagraph (J), by striking the pe- lated activities in support of planning and ‘‘(2) PURPOSE.—The purpose of the Program riod at the end and inserting ‘‘; and’’; and environmental analyses among metropolitan shall be to promote activities that support (6) by adding at the end the following: planning organizations and other transpor- and strengthen the planning processes re- ‘‘(K) if located in an urbanized area with a tation planners; and quired under this section and sections 5303 population of not less than 200,000, will ex- ‘‘(D) other similar and related activities and 5304. pend 1 percent of the amount the recipient preliminary to, and in preparation for, con- ‘‘(3) ADMINISTRATION.—The Program shall receives each fiscal year under this section structing, acquiring, or improving the oper- be administered by the Federal Transit Ad- for transit enhancement activities described ation of facilities and equipment. ministration in cooperation with the Federal in section 5302(a)(15).’’. ‘‘(b) PURPOSE.—To the extent practicable, Highway Administration. (f) GOVERNMENT’S SHARE OF COSTS.—Sec- the Secretary shall ensure that amounts ap- ‘‘(4) USE OF FUNDS.— tion 5307(e) is amended— propriated pursuant to section 5338 to carry ‘‘(A) IN GENERAL.—Appropriations author- (1) by striking the first sentence and in- out this section and sections 5303 through ized under subsection (g)(1) to carry out this serting the following: 5305 are used to support balanced and com- subsection may be used—

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S658 CONGRESSIONAL RECORD — SENATE February 5, 2004 ‘‘(i) to provide incentive grants to States, cated in an urbanized area shall be subject to ‘‘(A) based on the results of an alternatives metropolitan planning organizations, and all terms, conditions, requirements, and pro- analysis and preliminary engineering; public transportation operators; and visions that the Secretary determines to be ‘‘(B) justified based on a comprehensive re- ‘‘(ii) to conduct research, disseminate in- necessary or appropriate for the purposes of view of its mobility improvements, environ- formation, and provide technical assistance. this section, including requirements for the mental benefits, cost-effectiveness, oper- ‘‘(B) GRANTS, CONTRACTS, COOPERATIVE disposition of net increases in the value of ating efficiencies, economic development ef- AGREEMENTS.—In carrying out the activities real property resulting from the project as- fects, and public transportation supportive described in paragraph (2)(B), the Secretary sisted under this section. land use patterns and policies; and may— ‘‘(B) GRANTEE NOT IN AN URBANIZED AREA.— ‘‘(C) supported by an acceptable degree of ‘‘(i) expend appropriated funds directly; or The Secretary shall require that any grants local financial commitment, including evi- ‘‘(ii) award grants to, or enter into con- awarded under this section to a recipient not dence of stable and dependable financing tracts, cooperative agreements, and other located in an urbanized area shall be subject sources to construct the project, and main- transactions, with a Federal agency, State to the same terms, conditions, requirements, tain and operate the entire public transpor- agency, local governmental authority, asso- and provisions as a recipient or subrecipient tation system, while ensuring that the ex- ciation, nonprofit or for-profit entity, or in- of assistance under section 5311. tent and quality of existing public transpor- stitution of higher education. ‘‘(C) SUBRECIPIENT.—The Secretary shall tation services are not degraded. ‘‘(f) GOVERNMENT’S SHARE OF COSTS.— require that any private, nonprofit organiza- ‘‘(3) EVALUATION OF PROJECT JUSTIFICA- Amounts made available to carry out sub- tion that is a subrecipient of a grant award- TION.—In order to make the determinations sections (c), (d), and (e) may not exceed 80 ed under this section shall be subject to the required under paragraph (2)(B) for a major percent of the costs of the activity unless same terms, conditions, requirements, and capital investment grant, the Secretary the Secretary of Transportation determines provisions as a subrecipient of assistance shall analyze, evaluate, and consider— that it is in the interests of the Government under section 5310.’’; and ‘‘(A) the results of the alternatives anal- not to require a State or local match. (3) by adding at the end the following: ysis and preliminary engineering for the pro- ‘‘(g) ALLOCATION OF FUNDS.—Of the ‘‘(3) CERTIFICATION.—An applicant that has posed project; amounts made available under section submitted the certifications required under ‘‘(B) the reliability of the forecasts of costs 5338(b)(2)(B) for fiscal year 2005 and each fis- subparagraphs (A), (B), (C), and (H) of section and utilization made by the recipient and cal year thereafter to carry out this sec- 5307(d)(1) shall be deemed to have provided the contractors to the recipient; tion— sufficient information upon which the Sec- ‘‘(C) the direct and indirect costs of rel- ‘‘(1) $5,000,000 shall be allocated for the retary may make the findings required under evant alternatives; Planning Capacity Building Program estab- this subsection.’’. ‘‘(D) factors such as— lished under subsection (e); (c) DEFINED TERM.—Section 5309(b) is ‘‘(i) congestion relief; ‘‘(2) $20,000,000 shall be allocated for grants amended to read as follows: ‘‘(ii) improved mobility; ‘‘(b) DEFINED TERM.—As used in this sec- under subsection (a)(2) for alternatives anal- ‘‘(iii) air pollution; tion, the term ‘alternatives analysis’ means yses required by section 5309(e)(2)(A); and ‘‘(iv) noise pollution; a study conducted as part of the transpor- ‘‘(3) of the remaining amount— ‘‘(v) energy consumption; and tation planning process required under sec- ‘‘(A) 82.72 percent shall be allocated for the ‘‘(vi) all associated ancillary and mitiga- tions 5303 and 5304, which includes— metropolitan planning program described in tion costs necessary to carry out each alter- ‘‘(1) an assessment of a wide range of pub- subsection (d); and native analyzed; lic transportation alternatives designed to ‘‘(B) 17.28 percent shall be allocated to ‘‘(E) reductions in local infrastructure address a transportation problem in a cor- carry out subsection (b). costs achieved through compact land use de- ‘‘(h) REALLOCATIONS.—Any amount allo- ridor or subarea; velopment; cated under this section that has not been ‘‘(2) sufficient information to enable the ‘‘(F) the cost of suburban sprawl; used 3 years after the end of the fiscal year Secretary to make the findings of project ‘‘(G) the degree to which the project in- in which the amount was allocated shall be justification and local financial commitment creases the mobility of the public transpor- reallocated among the States.’’. required under this section; tation dependent population or promotes (b) CONFORMING AMENDMENT.—The item re- ‘‘(3) the selection of a locally preferred al- economic development; lating to section 5308 in the table of sections ternative; and ‘‘(H) population density and current tran- for chapter 53 is amended to read as follows: ‘‘(4) the adoption of the locally preferred sit ridership in the transportation corridor; ‘‘5308. Planning programs.’’. alternative as part of the long-range trans- ‘‘(I) the technical capability of the grant portation plan required under section 5303.’’. SEC. 3011. CAPITAL INVESTMENT PROGRAM. recipient to construct the project; (d) GRANT REQUIREMENTS.—Section 5309(d) (a) SECTION HEADING.—The section heading ‘‘(J) any adjustment to the project jus- of section 5309 is amended to read as follows: is amended to read as follows: ‘‘(d) GRANT REQUIREMENTS.—The Secretary tification necessary to reflect differences in ‘‘§ 5309. Capital investment grants’’. may not approve a grant for a project under local land, construction, and operating costs; (b) GENERAL AUTHORITY.—Section 5309(a) is this section unless the Secretary determines and amended— that— ‘‘(K) other factors that the Secretary de- (1) in paragraph (1)— ‘‘(1) the project is part of an approved termines appropriate to carry out this chap- (A) by striking ‘‘(1) The Secretary of transportation plan and program of projects ter. Transportation may make grants and loans’’ required under sections 5303, 5304, and 5306; ‘‘(4) EVALUATION OF LOCAL FINANCIAL COM- and inserting the following: and MITMENT.— ‘‘(1) GRANTS AUTHORIZED.—The Secretary ‘‘(2) the applicant has, or will have— ‘‘(A) IN GENERAL.—In evaluating a project may award grants’’; ‘‘(A) the legal, financial, and technical ca- under paragraph (2)(C), the Secretary shall (B) in subparagraph (A), by striking ‘‘alter- pacity to carry out the project (including require that— natives analysis related to the development safety and security aspects of the project); ‘‘(i) the proposed project plan provides for of systems,’’; ‘‘(B) satisfactory continuing control over the availability of contingency amounts that (C) by striking subparagraphs (B), (C), (D), the use of the equipment or facilities; and the Secretary determines to be reasonable to and (G); ‘‘(C) the capability and willingness to cover unanticipated cost increases; (D) by redesignating subparagraphs (E), maintain the equipment or facilities.’’. ‘‘(ii) each proposed local source of capital (F), and (H) as subparagraphs (B), (C), and (e) MAJOR CAPITAL INVESTMENT PROJECTS and operating financing is stable, reliable, (D), respectively; OF $75,000,000 OR MORE.—Section 5309(e) is and available within the proposed project (E) in subparagraph (C), as redesignated, amended to read as follows: timetable; and by striking the semicolon at the end and in- ‘‘(e) MAJOR CAPITAL INVESTMENT PROJECTS ‘‘(iii) local resources are available to re- serting ‘‘, including programs of bus and bus- OF $75,000,000 OR MORE.— capitalize and operate the overall proposed related projects for assistance to subrecipi- ‘‘(1) FULL FUNDING GRANT AGREEMENT.—The public transportation system, including es- ents which are public agencies, private com- Secretary shall enter into a full funding sential feeder bus and other services nec- panies engaged in public transportation, or grant agreement, based on the evaluations essary to achieve the projected ridership lev- private nonprofit organizations; and’’; and and ratings required under this subsection, els, while ensuring that the extent and qual- (F) in subparagraph (D), as redesignated— with each grantee receiving not less than ity of existing public transportation services (i) by striking ‘‘to support fixed guideway $75,000,000 under this subsection for a new are not degraded. systems’’; and fixed guideway capital project that— ‘‘(B) EVALUATION CRITERIA.—In assessing (ii) by striking ‘‘dedicated bus and high oc- ‘‘(A) is authorized for final design and con- the stability, reliability, and availability of cupancy vehicle’’; struction; and proposed sources of local financing under (2) by amending paragraph (2) to read as ‘‘(B) has been rated as medium, medium- paragraph (2)(C), the Secretary shall con- follows: high, or high, as defined in this subsection. sider— ‘‘(2) GRANTEE REQUIREMENTS.— ‘‘(2) DETERMINATIONS.—The Secretary shall ‘‘(i) the reliability of the forecasts of costs ‘‘(A) GRANTEE IN AN URBANIZED AREA.—The not award a grant under this subsection for and utilization made by the recipient and Secretary shall require that any grants a major capital project unless the Secretary the contractors to the recipient; awarded under this section to a recipient lo- determines that the proposed project is— ‘‘(ii) existing grant commitments;

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S659 ‘‘(iii) the degree to which financing sources ‘‘(ii) has been rated as medium, medium- based on the results of the analysis of the are dedicated to the proposed purposes; high, or high, in accordance with paragraph project justification criteria and the degree ‘‘(iv) any debt obligation that exists, or is (3). of local financial commitment, as required proposed by the recipient, for the proposed ‘‘(B) CONTENTS.— by this subsection. project or other public transportation pur- ‘‘(i) IN GENERAL.—An agreement under this ‘‘(4) IMPACT REPORT.— pose; and paragraph shall specify— ‘‘(A) IN GENERAL.—Not later than 240 days ‘‘(v) the extent to which the project has a ‘‘(I) the scope of the project to be con- after the date of enactment of the Federal local financial commitment that exceeds the structed; Public Transportation Act of 2004, the Fed- required non-Federal share of the cost of the ‘‘(II) the estimated net cost of the project; eral Transit Administration shall submit a project, provided that if the Secretary gives ‘‘(III) the schedule under which the project report on the methodology to be used in priority to financing projects that include shall be constructed; evaluating the land use and economic devel- more than the non-Federal share required ‘‘(IV) the maximum amount of funding to opment impacts of non-fixed guideway or under subsection (h), the Secretary shall be obtained under this subsection; partial fixed guideway projects to— give equal consideration to differences in the ‘‘(V) the proposed schedule for obligation ‘‘(i) the Committee on Banking, Housing, fiscal capacity of State and local govern- of future Federal grants; and and Urban Affairs of the Senate; and ments. ‘‘(VI) the sources of non-Federal funding. ‘‘(ii) the Committee on Transportation and ‘‘(5) PROJECT ADVANCEMENT AND RATINGS.— ‘‘(ii) ADDITIONAL FUNDING.—The agreement Infrastructure of the House of Representa- ‘‘(A) PROJECT ADVANCEMENT.—A proposed may include a commitment on the part of tives. project under this subsection shall not ad- the Secretary to provide funding for the ‘‘(B) CONTENTS.—The report submitted vance from alternatives analysis to prelimi- project in future fiscal years. under subparagraph (A) shall address any nary engineering or from preliminary engi- ‘‘(C) FULL FUNDING GRANT AGREEMENT.—An qualitative and quantitative differences be- neering to final design and construction un- agreement under this paragraph shall be con- tween fixed guideway and non-fixed guide- less the Secretary determines that the sidered a full funding grant agreement for way projects with respect to land use and project meets the requirements of this sec- the purposes of subsection (g). economic development impacts. tion and there is a reasonable likelihood that ‘‘(2) SELECTION PROCESS.— ‘‘(5) REGULATIONS.—Not later than 120 days the project will continue to meet such re- ‘‘(A) SELECTION CRITERIA.—The Secretary after the date of enactment of the Federal quirements. may provide financial assistance under this Public Transportation Act of 2004, the Sec- ‘‘(B) RATINGS.—In making a determination subsection for a proposed project only if the retary shall issue regulations establishing an under subparagraph (A), the Secretary shall Secretary determines that the project is— evaluation and rating process for proposed evaluate and rate the project on a 5-point ‘‘(i) based on the results of planning and al- projects under this subsection that is based scale (high, medium-high, medium, medium- ternatives analysis; on the results of project justification and low, or low) based on the results of the alter- ‘‘(ii) justified based on a review of its pub- local financial commitment, as required natives analysis, the project justification lic transportation supportive land use poli- under this subsection.’’. criteria, and the degree of local financial cies, cost effectiveness, and effect on local (g) FULL FUNDING GRANT AGREEMENTS.— commitment, as required under this sub- economic development; and Section 5309(g)(2) is amended by adding at section. In rating the projects, the Secretary ‘‘(iii) supported by an acceptable degree of the end the following: shall provide, in addition to the overall local financial commitment. ‘‘(C) BEFORE AND AFTER STUDY.— project rating, individual ratings for each of ‘‘(B) PLANNING AND ALTERNATIVES.—In ‘‘(i) IN GENERAL.—Each full funding grant the criteria established by regulation. evaluating a project under subparagraph agreement shall require the applicant to ‘‘(6) APPLICABILITY.—This subsection shall (A)(i), the Secretary shall analyze and con- conduct a study that— not apply to projects for which the Secretary sider the results of planning and alternatives ‘‘(I) describes and analyzes the impacts of has issued a letter of intent or entered into analysis for the project. the new start project on transit services and a full funding grant agreement before the ‘‘(C) PROJECT JUSTIFICATION.—For purposes transit ridership; date of enactment of the Federal Public of making the determination under para- ‘‘(II) evaluates the consistency of predicted Transportation Act of 2004. graph (A)(ii), the Secretary shall— and actual project characteristics and per- ‘‘(7) RULEMAKING.—Not later than 240 days ‘‘(i) determine the degree to which local formance; and after the date of enactment of the Federal land use policies are supportive of the public ‘‘(III) identifies sources of differences be- Public Transportation Act of 2004, the Sec- transportation project and the degree to tween predicted and actual outcomes. retary shall issue regulations on the manner which the project is likely to achieve local ‘‘(ii) INFORMATION COLLECTION AND ANAL- by which the Secretary shall evaluate and developmental goals; YSIS PLAN.— rate projects based on the results of alter- ‘‘(ii) determine the cost effectiveness of ‘‘(I) SUBMISSION OF PLAN.—Applicants seek- natives analysis, project justification, and the project at the time of the initiation of ing a full funding grant agreement shall sub- local financial commitment, in accordance revenue service; mit a complete plan for the collection and with this subsection. ‘‘(iii) determine the degree to which the analysis of information to identify the im- ‘‘(8) POLICY GUIDANCE.— project will have a positive effect on local pacts of the new start project and the accu- ‘‘(A) PUBLICATION.—The Secretary shall economic development; racy of the forecasts prepared during devel- publish policy guidance regarding the new ‘‘(iv) consider the reliability of the fore- opment of the project. Preparation of this starts project review and evaluation proc- casts of costs and ridership associated with plan shall be included in the full funding ess— the project; and grant agreement as an eligible activity. ‘‘(i) not later than 120 days after the date ‘‘(v) consider other factors that the Sec- ‘‘(II) CONTENTS OF PLAN.—The plan sub- of enactment of the Federal Public Transpor- retary determines appropriate to carry out mitted under subclause (I) shall provide for— tation Act of 2004; and this subsection. ‘‘(aa) the collection of data on the current ‘‘(ii) each time significant changes are ‘‘(D) LOCAL FINANCIAL COMMITMENT.—For transit system regarding transit service lev- made by the Secretary to the new starts purposes of subparagraph (A)(iii), the Sec- els and ridership patterns, including origins project review and evaluation process and retary shall require that each proposed local and destinations, access modes, trip pur- criteria, but not less frequently than once source of capital and operating financing is poses, and rider characteristics; every 2 years. stable, reliable, and available within the pro- ‘‘(bb) documentation of the predicted ‘‘(B) PUBLIC COMMENT AND RESPONSE.—The posed project timetable. scope, service levels, capital costs, operating Secretary shall— ‘‘(3) ADVANCEMENT OF PROJECT TO DEVELOP- costs, and ridership of the project; ‘‘(i) invite public comment to the guidance MENT AND CONSTRUCTION.— ‘‘(cc) collection of data on the transit sys- published under subparagraph (A); and ‘‘(A) IN GENERAL.—A proposed project tem 2 years after the opening of the new ‘‘(ii) publish a response to the comments under this subsection may advance from the start project, including analogous informa- received under clause (i).’’. planning and alternatives analysis stage to tion on transit service levels and ridership (f) MAJOR CAPITAL INVESTMENT PROJECTS project development and construction only patterns and information on the as-built LESS THAN $75,000,000.—Section 5309(f) is if— scope and capital costs of the new start amended to read as follows: ‘‘(i) the Secretary finds that the project project; and ‘‘(f) MAJOR CAPITAL INVESTMENT PROJECTS meets the requirements of this subsection ‘‘(dd) analysis of the consistency of pre- LESS THAN $75,000,000.— and there is a reasonable likelihood that the dicted project characteristics with the after ‘‘(1) PROJECT CONSTRUCTION GRANT AGREE- project will continue to meet such require- data. MENT.— ments; and ‘‘(D) COLLECTION OF DATA ON CURRENT SYS- ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(ii) the metropolitan planning organiza- TEM.—To be eligible for a full funding grant enter into a project construction grant tion has adopted the locally preferred alter- agreement, recipients shall have collected agreement, based on evaluations and ratings native for the project into the long-range data on the current system, according to the required under this subsection, with each transportation plan. plan required, before the beginning of con- grantee receiving less than $75,000,000 under ‘‘(B) EVALUATION.—In making the findings struction of the proposed new start project. this subsection for a new fixed guideway or under subparagraph (A), the Secretary shall Collection of this data shall be included in corridor improvement capital project that— evaluate and rate the project as ‘high’, ‘me- the full funding grant agreement as an eligi- ‘‘(i) is authorized by law; and dium-high’, ‘medium’, ‘medium-low’, or ‘low’ ble activity.

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‘‘(E) PUBLIC PRIVATE PARTNERSHIP PILOT (3) by striking subsection (o) (as added by ‘‘(i) the Committee on Transportation and PROGRAM.— section 3009(i) of the Federal Transit Act of Infrastructure of the House of Representa- ‘‘(i) AUTHORIZATION.—The Secretary may 1998); and tives; establish a pilot program to demonstrate the (4) by redesignating subsections (o) and (p) ‘‘(ii) the Committee on Banking, Housing, advantages of public-private partnerships for as subsections (k) and (l), respectively. and Urban Affairs of the Senate; certain fixed guideway systems development (j) ALLOCATING AMOUNTS.—Section 5309(i), ‘‘(iii) the Subcommittee on Transportation projects. as redesignated, is amended to read as fol- of the Committee on Appropriations of the ‘‘(ii) IDENTIFICATION OF QUALIFIED lows: House of Representatives; and PROJECTS.—The Secretary shall identify ‘‘(i) ALLOCATING AMOUNTS.— ‘‘(iv) the Subcommittee on Transportation qualified public-private partnership projects ‘‘(1) FISCAL YEAR 2004.—Of the amounts of the Committee on Appropriations of the as permitted by applicable State and local made available or appropriated for fiscal Senate. enabling laws and work with project spon- year 2004 under section 5338(a)(3)— ‘‘(B) CONTENTS.—The report submitted sors to enhance project delivery and reduce ‘‘(A) $1,315,983,615 shall be allocated for under subparagraph (A) shall contain— overall costs.’’. projects of not less than $75,000,000 for major ‘‘(i) a proposal on the allocation of (h) FEDERAL SHARE OF NET PROJECT capital projects for new fixed guideway sys- amounts to finance grants for capital invest- COST.—Section 5309(h) is amended to read as tems and extensions of such systems under ment projects among grant applicants; follows: subsection (e) and new major corridor im- ‘‘(ii) a recommendation of projects to be ‘‘(h) FEDERAL SHARE OF ADJUSTED NET provements under subsection (f); funded based on— PROJECT COST.— ‘‘(B) $1,199,387,615 shall be allocated for ‘‘(I) the evaluations and ratings deter- ‘‘(1) IN GENERAL.—The Secretary shall esti- capital projects for fixed guideway mod- mined under subsection (e); and mate the Federal share of the net project ernization; and ‘‘(II) existing commitments and antici- cost based on engineering studies, studies of ‘‘(C) $673,204,520 shall be allocated for cap- pated funding levels for the subsequent 3 fis- economic feasibility, and information on the ital projects for buses and bus-related equip- cal years; and expected use of equipment or facilities. ment and facilities. ‘‘(iii) detailed ratings and evaluations on ‘‘(2) ADJUSTMENT FOR COMPLETION UNDER ‘‘(2) IN GENERAL.—Of the amounts made each project recommended for funding. BUDGET.—The Secretary may adjust the final available or appropriated for fiscal year 2005 ‘‘(2) TRIENNIAL REPORTS ON PROJECT RAT- net project cost of a major capital invest- and each fiscal year thereafter for grants INGS.— ment project evaluated under subsections (e) under this section pursuant to subsections ‘‘(A) IN GENERAL.—Not later than the first and (f) to include the cost of eligible activi- (b)(4) and (c) of section 5338— Monday of February, the first Monday of ties not included in the originally defined ‘‘(A) the amounts appropriated under sec- June, and the first Monday of October of project if the Secretary determines that the tion 5338(c) shall be allocated for major cap- each year, the Secretary shall submit a re- originally defined project has been com- ital projects for— port on project ratings to— pleted at a cost that is significantly below ‘‘(i) new fixed guideway systems and exten- ‘‘(i) the Committee on Transportation and the original estimate. sions of not less than $75,000,000, in accord- Infrastructure of the House of Representa- ‘‘(3) MAXIMUM FEDERAL SHARE.— ance with subsection (e); and tives; ‘‘(A) IN GENERAL.—A grant for the project ‘‘(ii) new major capital projects for cor- ‘‘(ii) the Committee on Banking, Housing, shall be for 80 percent of the net project cost, ridor improvements, in accordance with sub- and Urban Affairs of the Senate; or the net project cost as adjusted under section (f); and ‘‘(iii) the Subcommittee on Transportation paragraph (2), unless the grant recipient re- ‘‘(B) the amounts made available under of the Committee on Appropriations of the quests a lower grant percentage. section 5338(b)(4) shall be allocated for cap- House of Representatives; and ‘‘(B) EXCEPTIONS.—The Secretary may pro- ital projects for buses and bus-related equip- ‘‘(iv) the Subcommittee on Transportation vide a higher grant percentage than re- ment and facilities. of the Committee on Appropriations of the quested by the grant recipient if— ‘‘(3) FIXED GUIDEWAY MODERNIZATION.—The Senate. ‘‘(i) the Secretary determines that the net amounts made available for fixed guideway ‘‘(B) CONTENTS.—Each report submitted project cost of the project is not more than modernization under section 5338(b)(2)(K) for under subparagraph (A) shall contain— 10 percent higher than the net project cost fiscal year 2005 and each fiscal year there- ‘‘(i) a summary of the ratings of all capital estimated at the time the project was ap- after shall be allocated in accordance with investment projects for which funding was proved for advancement into preliminary en- section 5337. requested under this section; gineering; and ‘‘(4) NEW FIXED GUIDEWAY SYSTEMS AND COR- ‘‘(ii) detailed ratings and evaluations on ‘‘(ii) the ridership estimated for the project RIDOR IMPROVEMENTS.—Not more that 8 per- the project of each applicant that had sig- is not less than 90 percent of the ridership es- cent of the allocation described in para- nificant changes to the finance or project timated for the project at the time the graphs (1)(A) and (2)(A) may be expended on proposal or has completed alternatives or project was approved for advancement into preliminary engineering. preliminary engineering since the date of the preliminary engineering. ‘‘(5) FUNDING FOR FERRY BOATS.—Of the latest report; and ‘‘(4) OTHER SOURCES.—The costs not funded amounts described in paragraphs (1)(A) and ‘‘(iii) all relevant information supporting by a grant under this section may be funded (2)(A), $10,400,000 shall be available in each of the evaluation and rating of each updated from— the fiscal years 2004 through 2009 for capital project, including a summary of the finan- ‘‘(A) an undistributed cash surplus; projects in Alaska and Hawaii for new fixed cial plan of each updated project. ‘‘(B) a replacement or depreciation cash guideway systems and extension projects ‘‘(3) BEFORE AND AFTER STUDY REPORTS.— fund or reserve; or utilizing ferry boats, ferry boat terminals, or Not later than the first Monday of August of ‘‘(C) new capital, including any Federal approaches to ferry boat terminals. each year, the Secretary shall submit a re- funds that are eligible to be expended for ‘‘(6) BUS AND BUS FACILITY GRANTS.— port containing a summary of the results of transportation. ‘‘(A) CONSIDERATIONS.—In making grants the studies conducted under subsection (g)(2) ‘‘(5) PLANNED EXTENSION TO FIXED GUIDE- under paragraphs (1)(C) and (2)(B), the Sec- to— WAY SYSTEM.—In addition to amounts al- retary shall consider the age and condition ‘‘(A) the Committee on Transportation and lowed under paragraph (1), a planned exten- of buses, bus fleets, related equipment, and Infrastructure of the House of Representa- sion to a fixed guideway system may include bus-related facilities. tives; the cost of rolling stock previously pur- ‘‘(B) PROJECTS NOT IN URBANIZED AREAS.— ‘‘(B) the Committee on Banking, Housing, chased if the Secretary determines that only Of the amounts made available under para- and Urban Affairs of the Senate; non-Federal funds were used and that the graphs (1)(C) and (2)(B), not less than 5.5 per- ‘‘(C) the Subcommittee on Transportation purchase was made for use on the extension. cent shall be available in each fiscal year for of the Committee on Appropriations of the A refund or reduction of the remainder may projects that are not in urbanized areas. House of Representatives; and be made only if a refund of a proportional ‘‘(C) INTERMODAL TERMINALS.—Of the ‘‘(D) the Subcommittee on Transportation amount of the grant is made at the same amounts made available under paragraphs of the Committee on Appropriations of the time. (1)(C) and (2)(B), not less than $75,000,000 Senate. ‘‘(6) EXCEPTION.—The prohibitions on the shall be available in each fiscal year for ‘‘(4) CONTRACTOR PERFORMANCE ASSESSMENT use of funds for matching requirements intermodal terminal projects, including the REPORT.— under section 403(a)(5)(C)(vii) of the Social intercity bus portion of such projects.’’. ‘‘(A) IN GENERAL.—Not later than 180 days Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall (k) REPORTS.—Section 5309 is amended by after the enactment of the Federal Public not apply to amounts allowed under para- inserting at the end the following: Transportation Act of 2004, and each year graph (4).’’. ‘‘(m) REPORTS.— thereafter, the Secretary shall submit a re- (i) LOAN PROVISIONS AND FISCAL CAPACITY ‘‘(1) ANNUAL REPORT ON FUNDING REC- port analyzing the consistency and accuracy CONSIDERATIONS.—Section 5309 is amended— OMMENDATIONS.— of cost and ridership estimates made by each (1) by striking subsections (i), (j), (k), and ‘‘(A) IN GENERAL.—Not later than the first contractor to public transportation agencies (l); Monday of February of each year, the Sec- developing major investment projects to the (2) by redesignating subsections (m) and (n) retary shall submit a report on funding rec- committees and subcommittees listed under as subsections (i) and (j), respectively; ommendations to— paragraph (3).

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‘‘(B) CONTENTS.—The report submitted ‘‘(ii) certifies that nonprofit organizations portation services designed to meet the under subparagraph (A) shall compare the are not readily available in the area that can needs of elderly individuals and individuals cost and ridership estimates made at the provide the services described under this sub- with disabilities. time projects are approved for entrance into section; or ‘‘(g) MEAL DELIVERY FOR HOMEBOUND INDI- preliminary engineering with— ‘‘(iii) will provide services to persons with VIDUALS.—Public transportation service pro- ‘‘(i) estimates made at the time projects disabilities that exceed those services re- viders receiving assistance under this sec- are approved for entrance into final design; quired by the Americans with Disabilities tion or section 5311(c) may coordinate and ‘‘(ii) costs and ridership when the project Act. assist in regularly providing meal delivery commences revenue operation; and ‘‘(c) FEDERAL SHARE.— service for homebound individuals if the de- ‘‘(iii) costs and ridership when the project ‘‘(1) MAXIMUM.— livery service does not conflict with pro- has been in operation for 2 years. ‘‘(A) IN GENERAL.—A grant for a capital viding public transportation service or re- ‘‘(5) ANNUAL GENERAL ACCOUNTING OFFICE project under this section may not exceed 80 duce service to public transportation pas- REVIEW.— percent of the net capital costs of the sengers. ‘‘(A) REVIEW.—The Comptroller General of project, as determined by the Secretary. ‘‘(h) TRANSFERS OF FACILITIES AND EQUIP- the United States shall conduct an annual ‘‘(B) EXCEPTION.—A State described in sec- MENT.—With the consent of the recipient in review of the processes and procedures for tion 120(b)(1) of title 23 shall receive an in- possession of a facility or equipment ac- evaluating and rating projects and recom- creased Federal share in accordance with the quired with a grant under this section, a mending projects and the Secretary’s imple- formula under that section. State may transfer the facility or equipment mentation of such processes and procedures. ‘‘(2) REMAINING COSTS.—The costs of a cap- to any recipient eligible to receive assist- ‘‘(B) REPORT.—Not later than 90 days after ital project under this section that are not ance under this chapter if the facility or the submission of each report required under funded through a grant under this section— equipment will continue to be used as re- paragraph (3), the Comptroller General shall ‘‘(A) may be funded from an undistributed quired under this section. submit a report to Congress that summarizes cash surplus, a replacement or depreciation ‘‘(i) FARES NOT REQUIRED.—This section the results of the review conducted under cash fund or reserve, a service agreement does not require that elderly individuals and subparagraph (A). with a State or local social service agency or individuals with disabilities be charged a ‘‘(6) CONTRACTOR PERFORMANCE INCENTIVE a private social service organization, or new fare.’’. REPORT.—Not later than 180 days after the capital; and (b) CONFORMING AMENDMENT.—The item re- enactment of the Federal Public Transpor- ‘‘(B) may be derived from amounts appro- lating to section 5310 in the table of sections tation Act of 2004, the Secretary shall sub- priated to or made available to any Federal for chapter 53 is amended to read as follows: mit a report to the committees and sub- agency (other than the Department of Trans- ‘‘5310. New freedom for elderly persons and committees listed under paragraph (3) on the portation, except for Federal Lands Highway persons with disabilities.’’. suitability of allowing contractors to public funds) that are eligible to be expended for SEC. 3013. FORMULA GRANTS FOR OTHER THAN transportation agencies that undertake transportation. URBANIZED AREAS. major capital investments under this section ‘‘(3) EXCEPTION.—For purposes of paragraph (a) DEFINITIONS.—Section 5311(a) is amend- to receive performance incentive awards if a (2), the prohibitions on the use of funds for ed to read as follows: project is completed for less than the origi- matching requirements under section ‘‘(a) DEFINITIONS.—As used in this section, nal estimated cost.’’. 403(a)(5)(C)(vii) of the Social Security Act (42 the following definitions shall apply: SEC. 3012. NEW FREEDOM FOR ELDERLY PER- U.S.C. 603(a)(5)(C)(vii)) shall not apply to ‘‘(1) RECIPIENT.—The term ‘recipient’ SONS AND PERSONS WITH DISABIL- Federal or State funds to be used for trans- means a State that receives a Federal tran- ITIES. portation purposes. sit program grant directly from the Federal (a) IN GENERAL.—Section 5310 is amended ‘‘(d) GRANT REQUIREMENTS.— Government. to read as follows: ‘‘(1) IN GENERAL.—A grant recipient under ‘‘(2) SUBRECIPIENT.—The term ‘sub- ‘‘§ 5310. New freedom for elderly persons and this section shall be subject to the require- recipient’ means a State or local govern- persons with disabilities ments of a grant recipient under section 5307 mental authority, a nonprofit organization, ‘‘(a) GENERAL AUTHORITY.— to the extent the Secretary determines to be or a private operator of public transpor- ‘‘(1) AUTHORIZATION.—The Secretary may appropriate. tation service that receives Federal transit award grants to a State for capital public ‘‘(2) CERTIFICATION REQUIREMENTS.— program grant funds indirectly through a re- transportation projects that are planned, de- ‘‘(A) FUND TRANSFERS.—A grant recipient cipient.’’. signed, and carried out to meet the needs of under this section that transfers funds to a (b) GENERAL AUTHORITY.—Section 5311(b) is elderly individuals and individuals with dis- project funded under section 5336 in accord- amended— abilities, with priority given to the needs of ance with subsection (b)(2) shall certify that (1) by amending paragraph (1) to read as these individuals to access necessary health the project for which the funds are requested follows: care. has been coordinated with private nonprofit ‘‘(1) GRANTS AUTHORIZED.—Except as pro- ‘‘(2) ACQUISITION OF PUBLIC TRANSPORTATION providers of services under this section. vided under paragraph (2), the Secretary may SERVICES.—A capital public transportation ‘‘(B) PROJECT SELECTION AND PLAN DEVEL- award grants under this section to recipients project under this section may include ac- OPMENT.—Each grant recipient under this located in areas other than urbanized areas quiring public transportation services as an section shall certify that— for— eligible capital expense. ‘‘(i) the projects selected were derived from ‘‘(A) public transportation capital projects; ‘‘(3) ADMINISTRATIVE COSTS.—A State may a locally developed, coordinated public tran- ‘‘(B) operating costs of equipment and fa- use not more than 15 percent of the amounts sit-human services transportation plan; and cilities for use in public transportation; and received under this section to administer, ‘‘(ii) the plan was developed through a ‘‘(C) the acquisition of public transpor- plan, and provide technical assistance for a process that included representatives of pub- tation services.’’; project funded under this section. lic, private, and nonprofit transportation (2) by redesignating paragraph (2) as para- ‘‘(b) ALLOTMENTS AMONG STATES.— and human services providers and participa- graph (3); ‘‘(1) IN GENERAL.—From amounts made tion by the public. (3) by inserting after paragraph (1) the fol- available or appropriated in each fiscal year ‘‘(C) ALLOCATIONS TO SUBRECIPIENTS.—Each lowing: under subsections (a)(1)(C)(iv) and (b)(2)(D) of grant recipient under this section shall cer- ‘‘(2) STATE PROGRAM.— section 5338 for grants under this section, the tify that allocations of the grant to sub- ‘‘(A) IN GENERAL.—A project eligible for a Secretary shall allot amounts to each State recipients, if any, are distributed on a fair grant under this section shall be included in under a formula based on the number of el- and equitable basis. a State program for public transportation derly individuals and individuals with dis- ‘‘(e) STATE PROGRAM OF PROJECTS.— service projects, including agreements with abilities in each State. ‘‘(1) SUBMISSION TO SECRETARY.—Each private providers of public transportation ‘‘(2) TRANSFER OF FUNDS.—Any funds allot- State shall annually submit a program of service. ted to a State under paragraph (1) may be transportation projects to the Secretary for ‘‘(B) SUBMISSION TO SECRETARY.—Each transferred by the State to the apportion- approval with an assurance that the program State shall annually submit the program de- ments made under sections 5311(c) and 5336 if provides for maximum feasible coordination scribed in subparagraph (A) to the Secretary. such funds are only used for eligible projects between transportation services funded ‘‘(C) APPROVAL.—The Secretary may not selected under this section. under this section and transportation serv- approve the program unless the Secretary ‘‘(3) REALLOCATION OF FUNDS.—A State re- ices assisted by other Federal sources. determines that— ceiving a grant under this section may re- ‘‘(2) USE OF FUNDS.—Each State may use ‘‘(i) the program provides a fair distribu- allocate such grant funds to— amounts made available to carry out this tion of amounts in the State; ‘‘(A) a private nonprofit organization; section to provide transportation services for ‘‘(ii) the program provides the maximum ‘‘(B) a public transportation agency or au- elderly individuals and individuals with dis- feasible coordination of public transpor- thority; or abilities if such services are included in an tation service assisted under this section ‘‘(C) a governmental authority that— approved State program of projects. with transportation service assisted by other ‘‘(i) has been approved by the State to co- ‘‘(f) LEASING VEHICLES.—Vehicles acquired Federal sources; and ordinate services for elderly individuals and under this section may be leased to local ‘‘(iii) amounts provided for projects on In- individuals with disabilities; governmental authorities to improve trans- dian reservations are not less than amounts

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attributable to the population and land area (e) INTERCITY BUS TRANSPORTATION.—Sec- research, development, demonstration or de- of Indian reservations in the State, as pub- tion 5311(f) is amended— ployment projects, or evaluation of tech- lished under subsection (c)(5).’’; (1) in paragraph (1)— nology of national significance to public (4) in paragraph (3), as redesignated— (A) by striking ‘‘(1)’’ and inserting the fol- transportation that the Secretary deter- (A) by striking ‘‘(3) The Secretary of lowing: mines will improve public transportation Transportation’’ and inserting the following: ‘‘(1) IN GENERAL.—’’; and service or help public transportation service ‘‘(3) RURAL TRANSPORTATION ASSISTANCE (B) by striking ‘‘after September 30, 1993,’’; meet the total transportation needs at a PROGRAM.— and minimum cost. ‘‘(A) ESTABLISHMENT.—The Secretary’’; (2) in paragraph (2)— ‘‘(2) INFORMATION.—The Secretary may re- (B) by striking ‘‘make’’ and inserting ‘‘use (A) by striking ‘‘A State’’ and inserting quest and receive appropriate information not more than 2 percent of the amount made ‘‘After consultation with affected intercity from any source. available to carry out this section to bus service providers, a State’’; and ‘‘(3) SAVINGS PROVISION.—This subsection award’’; and (B) by striking ‘‘of Transportation’’. does not limit the authority of the Secretary (C) by adding at the end the following: (f) FEDERAL SHARE OF COSTS.—Section under any other law.’’; ‘‘(B) DATA COLLECTION.— 5311(g) is amended to read as follows: (2) by striking subsections (b) and (c); ‘‘(i) REPORT.—Each grantee under this sec- ‘‘(g) FEDERAL SHARE OF COSTS.— (3) by redesignating subsections (d) and (e) tion shall submit an annual report to the ‘‘(1) MAXIMUM FEDERAL SHARE.— as (b) and (c), respectively. Secretary containing information on capital ‘‘(A) CAPITAL PROJECTS.— (4) in subsection (b), as redesignated— investment, operations, and service provided ‘‘(i) IN GENERAL.—Except as provided under (A) in paragraph (2), by striking ‘‘other with funds received under this section, in- clause (ii), a grant awarded under this sec- agreements’’ and inserting ‘‘other trans- cluding— tion for any purpose other than operating as- actions’’; and ‘‘(I) total annual revenue; sistance may not exceed 80 percent of the net (B) in paragraph (5), by striking ‘‘within ‘‘(II) sources of revenue; capital costs of the project, as determined by the Mass Transit Account of the Highway ‘‘(III) total annual operating costs; the Secretary. Trust Fund’’; and ‘‘(IV) total annual capital costs; ‘‘(ii) EXCEPTION.—A State described in sec- (5) in subsection (c), as redesignated— ‘‘(V) fleet size and type, and related facili- tion 120(b)(1) of title 23 shall receive a Fed- (A) in paragraph (2), by striking ‘‘public ties; eral share of the net capital costs in accord- and private’’ and inserting ‘‘public or pri- ‘‘(VI) revenue vehicle miles; and ance with the formula under that section. vate’’; and ‘‘(VII) ridership.’’; and ‘‘(B) OPERATING ASSISTANCE.— (B) in paragraph (3), by striking ‘‘within (5) by adding after paragraph (3) the fol- ‘‘(i) IN GENERAL.—Except as provided under the Mass Transit Account of the Highway lowing: clause (ii), a grant made under this section Trust Fund’’ . ‘‘(4) Of the amount made available to carry for operating assistance may not exceed 50 (b) CONFORMING AMENDMENTS.— out paragraph (3)— percent of the net operating costs of the (1) SECTION HEADING.—The heading of sec- ‘‘(A) not more than 15 percent may be used project, as determined by the Secretary. tion 5312 is amended to read as follows: to carry out projects of a national scope; and ‘‘(ii) EXCEPTION.—A State described in sec- ‘‘§ 5312. Research, development, demonstra- ‘‘(B) any amounts not used under subpara- tion 120(b)(1) of title 23 shall receive a Fed- tion, and deployment projects’’. graph (A) shall be allocated to the States.’’. eral share of the net operating costs equal to (2) TABLE OF SECTIONS.—The item relating (c) APPORTIONMENTS.—Section 5311(c) is 62.5 percent of the Federal share provided for to section 5312 in the table of sections for amended to read as follows: under subparagraph (A)(ii). chapter 53 is amended to read as follows: ‘‘(2) OTHER FUNDING SOURCES.—Funds for a ‘‘(c) APPORTIONMENTS.— ‘‘5312. Research, development, demonstra- project under this section that are not pro- ‘‘(1) IN GENERAL.—Of the amounts made tion, and deployment available or appropriated for each fiscal year vided for by a grant under this section— projects.’’. ‘‘(A) may be provided from— pursuant to subsections (a)(1)(C)(v) and SEC. 3015. TRANSIT COOPERATIVE RESEARCH (b)(2)(F) of section 5338— ‘‘(i) an undistributed cash surplus; PROGRAM. ‘‘(A) 20 percent shall be apportioned to the ‘‘(ii) a replacement or depreciation cash (a) IN GENERAL.—Section 5313 is amended— States in accordance with paragraph (2); and fund or reserve; (1) by striking subsection (b); ‘‘(B) 80 percent shall be apportioned to the ‘‘(iii) a service agreement with a State or (2) in subsection (a)— States in accordance with paragraph (3). local social service agency or a private social (A) in paragraph (1), by striking ‘‘(1) The service organization; or ‘‘(2) APPORTIONMENTS BASED ON LAND AREA amounts made available under paragraphs (1) ‘‘(iv) new capital; and IN NONURBANIZED AREAS.— and (2)C)(ii) of section 5338(c) of this title’’ ‘‘(B) may be derived from amounts appro- ‘‘(A) IN GENERAL.—Subject to subparagraph and inserting ‘‘The amounts made available (B), each State shall receive an amount that priated to or made available to a Federal under subsections (a)(5)(C)(iii) and is equal to the amount apportioned under agency (other than the Department of Trans- (b)(2)(G)(i) of section 5338’’; and paragraph (1)(A) multiplied by the ratio of portation, except for Federal Land Highway (B) in paragraph (2), by striking ‘‘(2)’’ and the land area in areas other than urbanized funds) that are eligible to be expended for inserting the following: areas in that State and divided by the land transportation. ‘‘(b) FEDERAL ASSISTANCE.—’’; and area in all areas other than urbanized areas ‘‘(3) USE OF FEDERAL GRANT.—A State car- (3) by amending subsection (c) to read as in the United States, as shown by the most rying out a program of operating assistance follows: recent decennial census of population. under this section may not limit the level or ‘‘(c) FEDERAL SHARE.—If there would be a extent of use of the Federal grant for the ‘‘(B) MAXIMUM APPORTIONMENT.—No State clear and direct financial benefit to an enti- shall receive more than 5 percent of the payment of operating expenses. ty under a grant or contract financed under amount apportioned under this paragraph. ‘‘(4) EXCEPTION.—For purposes of paragraph this section, the Secretary shall establish a (2)(B), the prohibitions on the use of funds Federal share consistent with such benefit.’’. ‘‘(3) APPORTIONMENTS BASED ON POPULATION for matching requirements under section (b) CONFORMING AMENDMENTS.— IN NONURBANIZED AREAS.—Each State shall (1) SECTION HEADING.—The heading of sec- receive an amount equal to the amount ap- 403(a)(5)(c)(vii) of the Social Security Act (42 tion 5313 is amended to read as follows: portioned under paragraph (1)(B) multiplied U.S.C. 603(a)(5)(c)(vii)) shall not apply to by the ratio of the population of areas other Federal or State funds to be used for trans- ‘‘§ 5313. Transit cooperative research pro- than urbanized areas in that State divided portation purposes.’’. gram’’. (g) WAIVER CONDITION.—Section 5311(j)(1) is by the population of all areas other than ur- (2) TABLE OF SECTIONS.—The item relating amended by striking ‘‘but the Secretary of to section 5313 in the table of sections for banized areas in the United States, as shown Labor may waive the application of section chapter 53 is amended to read as follows: by the most recent decennial census of popu- 5333(b)’’ and inserting ‘‘if the Secretary of lation. Labor utilizes a Special Warranty that pro- ‘‘5313. Transit cooperative research pro- ‘‘(4) PUBLICATION OF APPORTIONMENTS.—The vides a fair and equitable arrangement to gram.’’. Secretary shall publish the total amount ap- protect the interests of employees’’. SEC. 3016. NATIONAL RESEARCH PROGRAMS. portioned to each State under this sub- SEC. 3014. RESEARCH, DEVELOPMENT, DEM- (a) IN GENERAL.—Section 5314 is amended— section and the amounts attributable to the ONSTRATION, AND DEPLOYMENT (1) in subsection (a)— population and land area to Indian reserva- PROJECTS. (A) by amending paragraph (1) to read as tion in each State.’’. (a) IN GENERAL.—Section 5312 is amended— follows: (d) USE FOR ADMINISTRATIVE, PLANNING, (1) by amending subsection (a) to read as ‘‘(1) AVAILABILITY OF FUNDS.—The Sec- AND TECHNICAL ASSISTANCE.—Section 5311(e) follows: retary may use amounts made available is amended— ‘‘(a) RESEARCH, DEVELOPMENT, AND DEM- under subsections (a)(5)(C)(iv) and (1) by striking ‘‘AND TECHNICAL ASSIST- ONSTRATION PROJECTS.— (b)(2)(G)(iv) of section 5338 for grants, con- ANCE.—(1) The Secretary of Transportation’’ ‘‘(1) IN GENERAL.—The Secretary may make tracts, cooperative agreements, or other and inserting ‘‘, PLANNING, AND TECHNICAL grants, contracts, cooperative agreements, transactions for the purposes described in ASSISTANCE.—The Secretary’’; or other transactions (including agreements sections 5312, 5315, and 5322.’’; (2) by striking ‘‘to a recipient’’; and with departments, agencies, and instrumen- (B) in paragraph (2), by striking ‘‘(2) Of’’ (3) by striking paragraph (2). talities of the United States Government) for and inserting the following:

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‘‘(2) ADA COMPLIANCE.—From’’; SEC. 3020. SUSPENDED LIGHT RAIL TECHNOLOGY ‘‘(i) the recipient annually publishes, by (C) by amending paragraph (3) to read as PILOT PROJECT. electronic and other appropriate means, a follows: Section 5320 is repealed. notice— ‘‘(3) SPECIAL DEMONSTRATION INITIATIVES.— SEC. 3021. CRIME PREVENTION AND SECURITY. ‘‘(I) indicating its intent to offer incidental The Secretary may use not more than 25 per- Section 5321 is repealed. charter bus service within its lawful service cent of the amounts made available under SEC. 3022. GENERAL PROVISIONS ON ASSIST- area; and paragraph (1) for special demonstration ini- ANCE. ‘‘(II) soliciting notices from private bus op- tiatives, subject to terms that the Secretary Section 5323 is amended— erators that wish to appear on a list of car- determines to be consistent with this chap- (1) in subsection (a)— riers offering charter bus service in that ter. For a nonrenewable grant of not more (A) by amending paragraph (1) to read as service area; than $100,000, the Secretary shall provide ex- follows: ‘‘(ii) the recipient provides private bus op- erators with an annual opportunity to notify pedited procedures for complying with the ‘‘(1) IN GENERAL.—Financial assistance pro- requirements of this chapter.’’; and vided under this chapter to a State or a local the recipient of its desire to appear on a list (D) in paragraph (4)— governmental authority may be used to ac- of carriers offering charter bus service in (i) by striking subparagraph (B); and quire an interest in, or to buy property of, a such service area; (ii) by redesignating subparagraph (C) as private company engaged in public transpor- ‘‘(iii) upon receiving a request for charter bus service, the recipient electronically noti- subparagraph (B); and tation, for a capital project for property ac- fies the private bus operators listed as offer- (2) by amending subsection (b) to read as quired from a private company engaged in ing charter service in that service area with follows: public transportation after July 9, 1964, or to the name and contact information of the re- ‘‘(b) FEDERAL SHARE.—If there would be a operate a public transportation facility or questor and the nature of the charter service clear and direct financial benefit to an enti- equipment in competition with, or in addi- request; and ty under a grant, contract, cooperative tion to, transportation service provided by ‘‘(iv) the recipient does not offer to provide agreement, or other transaction financed an existing public transportation company, charter bus service unless no private bus op- under subsection (a) or section 5312, 5313, only if— erator indicates that it is willing and able to 5315, or 5322, the Secretary shall establish a ‘‘(A) the Secretary determines that such fi- provide the service within a 72-hour period Federal share consistent with such benefit.’’. nancial assistance is essential to a program (b) CONFORMING AMENDMENTS.— after the receipt of such notice. of projects required under sections 5303, 5304, (1) SECTION HEADING.—The heading for sec- ‘‘(B) EXCEPTION.—A recipient that operates and 5306; tion 5314 is amended to read as follows: 2,000 or fewer vehicles in fixed-route peak ‘‘(B) the Secretary determines that the ‘‘§ 5314. National research programs’’. hour service may provide incidental charter program provides for the participation of pri- bus transportation directly to— (2) TABLE OF SECTIONS.—The item relating vate companies engaged in public transpor- ‘‘(i) local governments; and to section 5314 in the table of sections for tation to the maximum extent feasible; and ‘‘(ii) social service entities with limited re- chapter 53 is amended to read as follows: ‘‘(C) just compensation under State or sources. ‘‘5314. National research programs.’’. local law will be paid to the company for its ‘‘(C) IRREGULARLY SCHEDULED EVENTS.— SEC. 3017. NATIONAL TRANSIT INSTITUTE. franchise or property.’’; and Service, other than commuter service, by a (a) Section 5315 is amended— (B) in paragraph (2), by striking ‘‘(2)’’ and recipient to irregularly scheduled events, (1) by striking subsections (a) and (b) and inserting the following: where the service is conducted in whole or in inserting the following: ‘‘(2) LIMITATION.—’’; part outside the service area of the recipient, ‘‘(a) ESTABLISHMENT.—The Secretary shall (2) by amending subsection (b) to read as regardless of whether the service is con- award a grant to Rutgers University to con- follows: tracted for individually with passengers, is duct a national transit institute. ‘‘(b) NOTICE AND PUBLIC HEARING.— subject to a rebuttable presumption that ‘‘(b) DUTIES.— ‘‘(1) IN GENERAL.—An application for a such service is charter service. ‘‘(1) IN GENERAL.—In cooperation with the grant under this chapter for a capital project ‘‘(2) VIOLATION OF AGREEMENTS.— Federal Transit Administration, State trans- that will substantially affect a community, ‘‘(A) COMPLAINTS.—A complaint regarding portation departments, public transpor- or the public transportation service of a the violation of a charter bus service agree- tation authorities, and national and inter- community, shall include, in the environ- ment shall be submitted to the Regional Ad- national entities, the institute established mental record for the project, evidence that ministrator of the Federal Transit Adminis- pursuant to subsection (a) shall develop and the applicant has— tration, who shall— conduct training programs for Federal, ‘‘(A) provided an adequate opportunity for ‘‘(i) provide a reasonable opportunity for State, and local transportation employees, public review and comment on the project; the recipient to respond to the complaint; United States citizens, and foreign nationals ‘‘(B) held a public hearing on the project if ‘‘(ii) provide the recipient with an oppor- engaged or to be engaged in Government-aid the project affects significant economic, so- tunity for an informal hearing; and public transportation work. cial, or environmental interests; ‘‘(iii) issue a written decision not later ‘‘(2) TRAINING PROGRAMS.—The training ‘‘(C) considered the economic, social, and than 60 days after the parties have com- programs developed under paragraph (1) may environmental effects of the project; and pleted their submissions. include courses in recent developments, ‘‘(D) found that the project is consistent ‘‘(B) APPEALS.— techniques, and procedures related to— with official plans for developing the urban ‘‘(i) IN GENERAL.—A decision by the Re- ‘‘(A) intermodal and public transportation area. gional Administrator may be appealed to a planning; ‘‘(2) CONTENTS OF NOTICE.—Notice of a hear- panel comprised of the Federal Transit Ad- ‘‘(B) management; ing under this subsection— ministrator, personnel in the Office of the ‘‘(C) environmental factors; ‘‘(A) shall include a concise description of Secretary of Transportation, and other per- ‘‘(D) acquisition and joint use rights of the proposed project; and sons with expertise in surface passenger way; ‘‘(B) shall be published in a newspaper of transportation issues. ‘‘(E) engineering and architectural design; general circulation in the geographic area ‘‘(ii) STANDARD OF REVIEW.—The panel de- ‘‘(F) procurement strategies for public the project will serve.’’; scribed in clause (i) shall consider the com- transportation systems; (3) by amending subsection (c) to read as plaint de novo on all issues of fact and law. ‘‘(G) turnkey approaches to delivering pub- follows: ‘‘(iii) WRITTEN DECISION.—The appeals lic transportation systems; ‘‘(c) NEW TECHNOLOGY.—A grant for finan- panel shall issue a written decision on an ap- ‘‘(H) new technologies; cial assistance under this chapter for new peal not later than 60 days after the comple- ‘‘(I) emission reduction technologies; technology, including innovative or im- tion of submissions. This decision shall be ‘‘(J) ways to make public transportation proved products, techniques, or methods, the final order of the agency and subject to accessible to individuals with disabilities; shall be subject to the requirements of sec- judicial review in district court. ‘‘(K) construction, construction manage- tion 5309 to the extent the Secretary deter- ‘‘(C) CORRECTION.—If the Secretary deter- ment, insurance, and risk management; mines to be appropriate.’’; mines that a violation of an agreement relat- ‘‘(L) maintenance; (4) by amending subsection (d) to read as ing to the provision of charter service has ‘‘(M) contract administration; follows: occurred, the Secretary shall correct the vio- ‘‘(N) inspection; ‘‘(d) CONDITIONS ON BUS TRANSPORTATION lation under terms of the agreement. ‘‘(O) innovative finance; SERVICE.—Financial assistance under this ‘‘(D) REMEDIES.—The Secretary may issue ‘‘(P) workplace safety; and chapter may be used to buy or operate a bus orders to recipients to cease and desist in ac- ‘‘(Q) public transportation security.’’; and only if the recipient agrees to comply with tions that violate the agreement, and such (2) in subsection (d), by striking ‘‘mass’’ the following conditions on bus transpor- orders shall be binding upon the parties. In each place it appears. tation service: addition to any remedy spelled out in the SEC. 3018. BUS TESTING FACILITY. ‘‘(1) CHARTER BUS SERVICE.— agreement, if a recipient has failed to cor- Section 5318 is repealed. ‘‘(A) IN GENERAL.—Except as provided rect a violation within 60 days after the re- SEC. 3019. BICYCLE FACILITIES. under subparagraph (B), a recipient may pro- ceipt of a notice of violation from the Sec- Section 5319 is amended by striking vide incidental charter bus service only retary, the Secretary shall withhold from ‘‘5307(k)’’ and inserting ‘‘5307(d)(1)(K)’’. within its lawful service area if— the recipient the lesser of—

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S664 CONGRESSIONAL RECORD — SENATE February 5, 2004 ‘‘(i) 5 percent of the financial assistance for which such land has been reserved, or if use that is incompatible with the project available to the recipient under this chapter the head of such agency agrees to the utiliza- under study; for the next fiscal year; or tion or transfer under conditions necessary ‘‘(B) there is an imminent threat of devel- ‘‘(ii) $200,000. for the adequate protection and utilization opment or redevelopment of the property for ‘‘(3) REGULATIONS.—Not later than 1 year of the reserve, such land or interests in land a use that is incompatible with the project after the date of enactment of the Federal may be utilized or transferred to a State, under study; Public Transportation Act of 2004, the Sec- local governmental authority, or public ‘‘(C) recent appraisals reflect a rapid in- retary shall issue amended regulations transportation operator for such purposes crease in the fair market value of the prop- that— and subject to the conditions specified by erty; ‘‘(A) implement this subsection, as revised such agency. ‘‘(D) the property, because it is located by such Act; and ‘‘(3) REVERSION.—If at any time the lands near an existing transportation facility, is ‘‘(B) impose restrictions, procedures, and or interests in land utilized or transferred likely to be developed and to be needed for a remedies in connection with sightseeing under paragraph (2) are no longer needed for future transportation improvement; or service by a recipient. public transportation purposes, the State, ‘‘(E) the property owner can demonstrate ‘‘(4) PUBLIC NOTICE.—The Secretary shall local governmental authority, or public that, for health, safety, or financial reasons, make all written decisions, guidance, and transportation operator that received the retaining ownership of the property poses an other pertinent materials relating to the land shall notify to the Secretary, and such undue hardship on the owner in comparison procedures in this subsection available to lands shall immediately revert to the control to other affected property owners and re- the public in electronic and other appro- of the head of the Federal agency from which quests the acquisition to alleviate that hard- priate formats in a timely manner.’’; the land was originally transferred.’’; ship. (5) by striking subsection (e); (11) in subsection (j)(5), by striking ‘‘Inter- ‘‘(2) PROTECTION OF PUBLIC LANDS.—Prop- (6) by redesignating subsection (f) as sub- modal Surface Transportation Efficiency Act erty acquired in accordance with this sub- section (e); of 1991 (Public Law 102–240, 105 Stat. 1914)’’ section may not be developed in anticipation (7) in subsection (e), as redesignated— and inserting ‘‘Federal Public Transpor- of the project unless the Secretary has com- (A) by striking ‘‘(1)’’ and inserting the fol- tation Act of 2004’’; plied with the National Environmental Pol- lowing: (12) by amending subsection (l) to read as icy Act of 1969 (42 U.S.C. 4321 et seq.) for pro- ‘‘(1) IN GENERAL.—’’; follows: tection of publicly owned park lands, wildlife (B) by striking paragraph (2); ‘‘(l) RELATIONSHIP TO OTHER LAWS.—Sec- and waterfowl refuges, and historic sites. (C) by striking ‘‘This subsection’’ and in- tion 1001 of title 18 applies to a certificate, ‘‘(3) LIMITATION.—The Secretary shall limit serting the following: submission, or statement provided under this the size and number of properties acquired ‘‘(2) EXCEPTIONS.—This subsection; and chapter. The Secretary may terminate finan- under this subsection as necessary to avoid (D) by adding at the end the following: cial assistance under this chapter and seek any prejudice to the Secretary’s objective ‘‘(3) PENALTY.—If the Secretary determines reimbursement directly, or by offsetting evaluation of project alternatives. that an applicant, governmental authority, amounts, available under this chapter, if the ‘‘(4) EXEMPTION.—An acquisition under this or publicly owned operator has violated the Secretary determines that a recipient of section shall be considered an exempt agreement required under paragraph (1), the such financial assistance has made a false or project under section 176 of the Clean Air Secretary shall bar the applicant, authority, fraudulent statement or related act in con- Act (42 U.S.C. 7506). or operator from receiving Federal transit nection with a Federal transit program.’’; ‘‘(c) RAILROAD CORRIDOR PRESERVATION.— assistance in an amount the Secretary deter- (13) in subsection (m), by inserting at the ‘‘(1) IN GENERAL.—The Secretary may as- mines to be appropriate.’’; end the following: ‘‘Requirements to perform sist an applicant to acquire railroad right-of- (8) by inserting after subsection (e) the fol- preaward and postdelivery reviews of rolling way before the completion of the environ- lowing: stock purchases to ensure compliance with mental reviews for any project that may use ‘‘(f) BOND PROCEEDS ELIGIBLE FOR LOCAL subsection (j) shall not apply to private non- the right-of-way if the acquisition is other- SHARE.— profit organizations or to grantees serving wise permitted under Federal law. The Sec- ‘‘(1) IN GENERAL.—Notwithstanding any urbanized areas with a population of fewer retary may establish restrictions on such an other provision of law, a recipient of assist- than 1,000,000.’’; acquisition as the Secretary determines to ance under section 5307 or 5309, may use the (14) in subsection (o), by striking ‘‘assist- be necessary and appropriate. proceeds from the issuance of revenue bonds ance or other financing under the Transpor- ‘‘(2) PROTECTION OF PUBLIC LANDS.—Rail- as part of the local matching funds for a cap- tation Infrastructure Finance and Innova- road right-of-way acquired under this sub- ital project. tion Act of 1998’’ and inserting ‘‘a loan or section may not be developed in anticipation ‘‘(2) REIMBURSEMENT BY SECRETARY.—The loan guarantee under title 23’’; and of the project until the Secretary has com- Secretary may reimburse an eligible recipi- (15) by adding at the end the following: plied with the National Environmental Pol- ent for deposits of bond proceeds in a debt ‘‘(p) PROHIBITED USE OF FUNDS.—Grant icy Act of 1969 (42 U.S.C. 4321 et seq.) for pro- service reserve that the recipient established funds received under this chapter may not be tection of publicly owned park lands, wildlife pursuant to section 5302(a)(1)(K) from used to pay ordinary governmental or non- and waterfowl refuges, and historic sites. amounts made available to the recipient project operating expenses.’’. ‘‘(d) CONSIDERATION OF ECONOMIC, SOCIAL, under section 5307 or 5309.’’; SEC. 3023. SPECIAL PROVISIONS FOR CAPITAL AND ENVIRONMENTAL INTERESTS.— (9) in subsection (g)— PROJECTS. ‘‘(1) IN GENERAL.—The Secretary may not (A) by striking ‘‘(f)’’ each place it appears (a) IN GENERAL.—Section 5324 is amended approve an application for financial assist- and inserting ‘‘(e)’’; and to read as follows: ance for a capital project under this chapter (B) by striking ‘‘103(e)(4) and 142 (a) or (c)’’ ‘‘§ 5324. Special provisions for capital projects unless the Secretary determines that the each place it appears and inserting ‘‘133 and ‘‘(a) REAL PROPERTY AND RELOCATION project has been developed in accordance 142’’; SERVICES.—Whenever real property is ac- with the National Environmental Policy Act (10) by amending subsection (h) to read as quired or furnished as a required contribu- of 1969 (42 U.S.C. 4321 et seq.). The Sec- follows: tion incident to a project, the Secretary retary’s findings under this paragraph shall ‘‘(h) TRANSFER OF LANDS OR INTERESTS IN shall not approve the application for finan- be made a matter of public record. LANDS OWNED BY THE UNITED STATES.— cial assistance unless the applicant has made ‘‘(2) COOPERATION AND CONSULTATION.—In (1) REQUEST BY SECRETARY.—If the Sec- all payments and provided all assistance and carrying out section 5301(e), the Secretary retary determines that any part of the lands assurances that are required of a State agen- shall cooperate and consult with the Sec- or interests in lands owned by the United cy under sections 210 and 305 of the Uniform retary of the Interior and the Administrator States and made available as a result of a Relocation Assistance and Real Property Ac- of the Environmental Protection Agency on military base closure is necessary for transit quisition Policies Act of 1970 (42 U.S.C. 4630 each project that may have a substantial im- purposes eligible under this chapter, includ- and 4655). The Secretary must be advised of pact on the environment.’’. ing corridor preservation, the Secretary specific references to any State law that are (b) CONFORMING AMENDMENT.—The item re- shall submit a request to the head of the believed to be an exception to section 301 or lating to section 5324 in the table of sections Federal agency supervising the administra- 302 of such Act (42 U.S.C. 4651 and 4652). for chapter 53 is amended to read as follows: tion of such lands or interests in lands. Such ‘‘(b) ADVANCE REAL PROPERTY ACQUISI- ‘‘5324. Special provisions for capital request shall include a map showing the por- TIONS.— projects.’’. tion of such lands or interests in lands, (1) IN GENERAL.—The Secretary may par- which is desired to be transferred for public ticipate in the acquisition of real property SEC. 3024. CONTRACT REQUIREMENTS. transportation purposes. before the completion of the environmental (a) IN GENERAL.—Section 5325 is amended ‘‘(2) TRANSFER OF LAND.—If 4 months after reviews for any project that may use the to read as follows: submitting a request under paragraph (1), property if the Secretary determines that ex- ‘‘§ 5325. Contract requirements the Secretary does not receive a response ternal market forces are jeopardizing the po- ‘‘(a) COMPETITION.—Recipients of assist- from the Federal agency described in para- tential use of the property for the project ance under this chapter shall conduct all graph (1) that certifies that the proposed ap- and if— procurement transactions in a manner that propriation of land is contrary to the public ‘‘(A) there are offers on the open real es- provides full and open competition as deter- interest or inconsistent with the purposes tate market to convey that property for a mined by the Secretary.

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‘‘(b) ARCHITECTURAL, ENGINEERING, AND DE- ‘‘(B) based on— SEC. 3026. PROJECT REVIEW. SIGN CONTRACTS.— ‘‘(i) initial capital costs; or Section 5328 is amended— ‘‘(1) IN GENERAL.—A contract or require- ‘‘(ii) performance, standardization, life (1) in subsection (a)— ment for program management, architec- cycle costs, and other factors. (A) in paragraph (1) by striking ‘‘(1) When tural engineering, construction manage- ‘‘(2) MULTIYEAR CONTRACTS.—A recipient the Secretary of Transportation allows a ment, a feasibility study, and preliminary procuring rolling stock with Federal finan- new fixed guideway project to advance into engineering, design, architectural, engineer- cial assistance under this chapter may make the alternatives analysis stage of project re- ing, surveying, mapping, or related services a multiyear contract, including options, to view, the Secretary shall cooperate with the for a project for which Federal assistance is buy not more than 5 years of requirements applicant’’ and inserting the following: provided under this chapter shall be awarded for rolling stock and replacement parts. The ‘‘(1) APPROVAL OF DRAFT ENVIRONMENTAL in the same manner as a contract for archi- Secretary shall allow a recipient to act on a IMPACT STATEMENT.—The Secretary shall co- tectural and engineering services is nego- cooperative basis to procure rolling stock operate with an applicant undertaking an al- tiated under chapter 11 of title 40, or an under this paragraph and in accordance with ternatives analysis under subsections (e) and equivalent qualifications-based requirement other Federal procurement requirements. (f) of section 5309’’; of a State. This subsection does not apply to ‘‘(f) EXAMINATION OF RECORDS.—Upon re- (B) in paragraph (2)— the extent a State has adopted or adopts by quest, the Secretary and the Comptroller (i) by striking ‘‘(2)’’ and inserting the fol- law a formal procedure for procuring those General, or any of their representatives, lowing: services. shall have access to and the right to examine ‘‘(2) ADVANCEMENT TO PRELIMINARY ENGI- ‘‘(2) ADDITIONAL REQUIREMENTS.—When and inspect all records, documents, and pa- NEERING STAGE.—’’; and awarding a contract described in paragraph pers, including contracts, related to a (ii) by striking ‘‘is consistent with’’ and in- (1), recipients of assistance under this chap- project for which a grant is made under this serting ‘‘meets the requirements of’’; ter shall comply with the following require- chapter. (C) in paragraph (3)— ments: ‘‘(g) GRANT PROHIBITION.—A grant awarded (i) by striking ‘‘(3)’’ and inserting the fol- ‘‘(A) Any contract or subcontract awarded under this chapter may not be used to sup- lowing: under this chapter shall be performed and port a procurement that uses an exclu- ‘‘(3) RECORD OF DECISION.—’’; audited in compliance with cost principles sionary or discriminatory specification. (ii) by striking ‘‘of construction’’; and contained in part 31 of title 48, Code of Fed- ‘‘(h) BUS DEALER REQUIREMENTS.—No State (iii) by adding before the period at the end eral Regulations (commonly known as the law requiring buses to be purchased through the following: ‘‘if the Secretary determines Federal Acquisition Regulation). in-State dealers shall apply to vehicles pur- that the project meets the requirements of ‘‘(B) A recipient of funds under a contract chased with a grant under this chapter. subsections (e) and (f) of section 5309’’; and ‘‘(i) AWARDS TO RESPONSIBLE CONTRAC- or subcontract awarded under this chapter (D) by striking paragraph (4); and TORS.— shall accept indirect cost rates established (2) by striking subsection (c). in accordance with the Federal Acquisition ‘‘(1) IN GENERAL.—Federal financial assist- ance under this chapter may be provided for SEC. 3027. INVESTIGATIONS OF SAFETY AND SE- Regulation for 1-year applicable accounting CURITY RISK. contracts only if a recipient awards such periods by a cognizant Federal or State gov- (a) IN GENERAL.—Section 5329 is amended contracts to responsible contractors pos- ernment agency, if such rates are not cur- to read as follows: rently under dispute. sessing the ability to successfully perform ‘‘(C) After a firm’s indirect cost rates are under the terms and conditions of a proposed ‘‘§ 5329. Investigation of safety hazards and accepted under subparagraph (B), the recipi- procurement. security risks ent of the funds shall apply such rates for ‘‘(2) CRITERIA.—Before making an award to ‘‘(a) IN GENERAL.—The Secretary may con- the purposes of contract estimation, negotia- a contractor under paragraph (1), a recipient duct investigations into safety hazards and tion, administration, reporting, and contract shall consider— security risks associated with a condition in payment, and shall not be limited by admin- ‘‘(A) the integrity of the contractor; equipment, a facility, or an operation fi- istrative or de facto ceilings. ‘‘(B) the contractor’s compliance with pub- nanced under this chapter to establish the ‘‘(D) A recipient requesting or using the lic policy; nature and extent of the condition and how cost and rate data described in subparagraph ‘‘(C) the contractor’s past performance, in- to eliminate, mitigate, or correct it. (C) shall notify any affected firm before such cluding the performance reported in the Con- ‘‘(b) SUBMISSION OF CORRECTIVE PLAN.—If request or use. Such data shall be confiden- tractor Performance Assessment Reports re- the Secretary establishes that a safety haz- tial and shall not be accessible or provided quired under section 5309(m)(4); and ard or security risk warrants further protec- by the group of agencies sharing cost data ‘‘(D) the contractor’s financial and tech- tive measures, the Secretary shall require under this subparagraph, except by written nical resources.’’. the local governmental authority receiving permission of the audited firm. If prohibited (b) CONFORMING AMENDMENTS.—Chapter 53 amounts under this chapter to submit a plan by law, such cost and rate data shall not be is amended by striking section 5326. for eliminating, mitigating, or correcting it. disclosed under any circumstances. SEC. 3025. PROJECT MANAGEMENT OVERSIGHT ‘‘(c) WITHHOLDING OF FUNDS.—Financial as- ‘‘(c) EFFICIENT PROCUREMENT.—A recipient AND REVIEW. sistance under this chapter, in an amount to may award a procurement contract under (a) PROJECT MANAGEMENT PLAN REQUIRE- be determined by the Secretary, may be this chapter to other than the lowest bidder MENTS.—Section 5327(a) is amended— withheld until a plan is approved and carried if the award furthers an objective consistent (1) in paragraph (11), by striking ‘‘and’’ at out.’’. with the purposes of this chapter, including the end; (b) CONFORMING AMENDMENT.—The item re- improved long-term operating efficiency and (2) in paragraph (12), by striking the period lating to section 5329 in the table of sections lower long-term costs. at the end and inserting ‘‘; and’’; and for chapter 53 is amended to read as follows: ‘‘(d) DESIGN-BUILD PROJECTS.— (3) by adding at the end the following: ‘‘5329. Investigation of safety hazards and se- ‘‘(1) DEFINED TERM.—As used in this sub- ‘‘(13) safety and security management.’’. curity risks.’’. (b) LIMITATIONS ON USE OF AVAILABLE section, the term ‘design-build project’— SEC. 3028. STATE SAFETY OVERSIGHT. ‘‘(A) means a project under which a recipi- AMOUNTS.—Section 5327(c) is amended— (a) IN GENERAL.—Section 5330 is amended— ent enters into a contract with a seller, firm, (1) by amending paragraph (1) to read as (1) by amending the heading to read as fol- or consortium of firms to design and build an follows: lows: operable segment of a public transportation ‘‘(1) IN GENERAL.—The Secretary may not system that meets specific performance cri- use more than 1 percent of amounts made ‘‘§ 5330. Withholding amounts for noncompli- teria; and available for a fiscal year to carry out any of ance with State safety oversight require- ‘‘(B) may include an option to finance, or sections 5307 through 5311, 5316, or 5317, or a ments’’; operate for a period of time, the system or project under the National Capital Transpor- (2) by amending subsection (a) to read as segment or any combination of designing, tation Act of 1969 (Public Law 91–143) to follows: building, operating, or maintaining such sys- make a contract to oversee the construction ‘‘(a) APPLICATION.—This section shall only tem or segment. of major projects under any of sections 5307 apply to— ‘‘(2) FINANCIAL ASSISTANCE FOR CAPITAL through 5311, 5316, or 5317 or under that ‘‘(1) States that have rail fixed guideway COSTS.—Federal financial assistance under Act.’’; public transportation systems that are not this chapter may be provided for the capital (2) in paragraph (2)— subject to regulation by the Federal Rail- costs of a design-build project after the re- (A) by striking ‘‘(2)’’ and inserting the fol- road Administration; and cipient complies with Government require- lowing: ‘‘(2) States that are designing rail fixed ments. ‘‘(2) OTHER ALLOWABLE USES.—’’; and guideway public transportation systems that ‘‘(e) ROLLING STOCK.— (B) by inserting ‘‘and security’’ after ‘‘safe- will not be subjected to regulation by the ‘‘(1) ACQUISITION.—A recipient of financial ty’’; and Federal Railroad Administration.’’; assistance under this chapter may enter into (3) in paragraph (3), by striking ‘‘(3) The (3) in subsection (d), by striking ‘‘affected a contract to expend that assistance to ac- Government shall’’ and inserting the fol- States’’ and inserting the following: ‘‘af- quire rolling stock— lowing: fected States— ‘‘(A) with a party selected through a com- ‘‘(3) FEDERAL SHARE.—Federal funds shall ‘‘(1) shall ensure uniform safety standards petitive procurement process; or be used to’’. and enforcement; or

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S666 CONGRESSIONAL RECORD — SENATE February 5, 2004 ‘‘(2) may designate’’; and (A) in paragraph (1), by striking ‘‘5309–5311 (8) in subsection (d), as redesignated, by (4) in subsection (f), by striking ‘‘Not later of this title’’ and all that follows and insert- striking ‘‘subsection (a)(2) of this section’’ than December 18, 1992, the’’ and inserting ing ‘‘5309 through 5311;’’; and inserting ‘‘subsection (b)(2)’’; ‘‘The’’. (B) in paragraph (9), by striking ‘‘and’’ at (9) in subsection (e)(1), by striking ‘‘sub- (b) CONFORMING AMENDMENT.—The item re- the end; sections (a) and (h)(2) of section 5338 of this lating to section 5330 in the table of sections (C) in paragraph (10), by striking the period title’’ and inserting ‘‘subsections (a) and (b) for chapter 53 is amended to read as follows: at the end and inserting ‘‘; and’’; and of section 5338’’; ‘‘5330. Withholding amounts for noncompli- (D) by inserting at the end the following: (10) in subsection (g), by striking ‘‘sub- ance with State safety over- ‘‘(11) issue regulations as necessary to section (a)(1) of this section’’ each place it sight requirements.’’. carry out the purposes of this chapter.’’; appears and inserting ‘‘subsection (b)(1)’’; (2) by redesignating subsections (b), (c), and SEC. 3029. SENSITIVE SECURITY INFORMATION. (d), (e), (f), (g), (h), (i), and (j) as subsections (11) by adding at the end the following: Section 40119(b) is amended— (c), (d), (e), (f), (g), (h), (i), (j), and (k), respec- ‘‘(k) SMALL TRANSIT INTENSIVE CITIES FAC- (1) in paragraph (1)(C), by inserting ‘‘, tively; TORS.— transportation facilities or infrastructure, or (3) by adding after subsection (a) the fol- ‘‘(1) APPORTIONMENT BASED UPON REVENUE transportation employees’’ before the period lowing: VEHICLE MILES.—Of the amount apportioned at the end; and under subsection (a)(1), one-third shall be ap- ‘‘(b) PROHIBITIONS AGAINST REGULATING OP- (2) by adding at the end the following: portioned to urbanized areas as follows: ERATIONS AND CHARGES.— ‘‘(3) A State or local government may not ‘‘(A) The Secretary shall calculate a factor ‘‘(1) IN GENERAL.—Except as directed by the enact, enforce, prescribe, issue, or continue equal to the sum of revenue vehicle miles op- President for purposes of national defense or in effect any law, regulation, standard, or erated within urbanized areas with a popu- in the event of a national or regional emer- order to the extent it is inconsistent with lation of between 200,000 and 1,000,000 divided gency, the Secretary may not regulate— this section or regulations prescribed under by the sum of the population of all such ur- ‘‘(A) the operation, routes, or schedules of this section.’’. banized areas. a public transportation system for which a ‘‘(B) The Secretary shall designate as eligi- SEC. 3030. TERRORIST ATTACKS AND OTHER grant is made under this chapter; or ACTS OF VIOLENCE AGAINST PUB- ble for an apportionment under this para- ‘‘(B) the rates, fares, tolls, rentals, or other LIC TRANSPORTATION SYSTEMS. graph all urbanized areas with a population charges prescribed by any public or private (a) IN GENERAL.—Section 1993 of title 18, of under 200,000 for which the number of rev- United States Code, is amended— transportation provider. enue vehicle miles operated within the ur- (1) by striking ‘‘mass’’ each place it ap- ‘‘(2) COMPLIANCE WITH AGREEMENT.—Noth- banized area divided by the population of the pears and inserting ‘‘public’’; ing in this subsection shall prevent the Sec- urbanized area exceeds the factor calculated (2) in subsection (a)(5), by inserting ‘‘con- retary from requiring a recipient of funds under subparagraph (A). trolling,’’ after ‘‘operating’’; and under this chapter to comply with the terms ‘‘(C) For each urbanized area qualifying for (3) in subsection (c)(5), by striking and conditions of its Federal assistance an apportionment under subparagraph (B), ‘‘5302(a)(7) of title 49, United States Code,’’ agreement.’’; and the Secretary shall calculate an amount and inserting ‘‘5302(a) of title 49,’’. (4) in subsection (j)(1), as redesignated, by equal to the product of the population of striking ‘‘carry out section 5312(a) and (b)(1) (b) CONFORMING AMENDMENT.—The table of that urbanized area and the factor calculated contents for chapter 97 of title 18, United of this title’’ and inserting ‘‘advise and assist under subparagraph (A). States Code is amended by amending the the Secretary in carrying out section ‘‘(D) For each urbanized area qualifying for item related to section 1993 to read as fol- 5312(a)’’. an apportionment under subparagraph (B), lows: SEC. 3034. REPORTS AND AUDITS. the Secretary shall calculate an amount ‘‘1993. Terrorist attacks and other acts of vi- Section 5335 is amended— equal to the difference between the number olence against public transpor- (1) by striking subsection (b); and of revenue vehicle miles within that urban- tation systems.’’. (2) in subsection (a)— ized area less the amount calculated in sub- (A) in paragraph (1), by striking ‘‘(1)’’; and paragraph (C). SEC. 3031. CONTROLLED SUBSTANCES AND ALCO- ‘‘(E) Each urbanized area qualifying for an HOL MISUSE TESTING. (B) in paragraph (2), by striking ‘‘(2) The apportionment under subparagraph (B) shall Section 5331 is amended— Secretary may make a grant under section receive an amount equal to the amount to be (1) in subsection (a)(3), by inserting before 5307 of this title’’ and inserting the fol- lowing: apportioned under this subsection multiplied the period at the end the following: ‘‘or sec- by the amount calculated for that urbanized ‘‘(b) REPORTING AND UNIFORM SYSTEMS.— tions 2303a, 7101(i), or 7302(e) of title 46. The area under subparagraph (D) divided by the The Secretary may award a grant under sec- Secretary may also decide that a form of sum of the amounts calculated under sub- tion 5307 or 5311’’. public transportation is covered adequately, paragraph (D) for all urbanized areas quali- for employee alcohol and controlled sub- SEC. 3035. APPORTIONMENTS OF APPROPRIA- fying for an apportionment under subpara- stances testing purposes, under the alcohol TIONS FOR FORMULA GRANTS. graph (B). and controlled substance statutes or regula- Section 5336 is amended— ‘‘(2) APPORTIONMENT BASED UPON REVENUE tions of an agency within the Department of (1) by striking subsection (d); VEHICLE HOURS.—Of the amount apportioned Transportation or other Federal agency’’; (2) by striking subsection (h); under subsection (a)(1), one-third shall be ap- and (3) by striking subsection (k); portioned to urbanized areas as follows: (2) in subsection (f), by striking paragraph (4) by redesignating subsections (a) ‘‘(A) The Secretary shall calculate a factor (3). through (c) as subsections (b) through (d), re- equal to the sum of revenue vehicle hours op- SEC. 3032. EMPLOYEE PROTECTIVE ARRANGE- spectively; erated within urbanized areas with a popu- MENTS. (5) by adding before subsection (b), as re- lation of between 200,000 and 1,000,000 divided Section 5333(b) is amended— designated, the following: by the sum of the population of all such ur- (1) in paragraph (3), by striking the period ‘‘(a) APPORTIONMENTS.—Of the amounts banized areas. at the end and inserting ‘‘, if— made available for each fiscal year under ‘‘(B) The Secretary shall designate as eligi- ‘‘(A) the protective period does not exceed subsections (a)(1)(C)(vi) and (b)(2)(L) of sec- ble for an apportionment under this para- 4 years; and tion 5338— graph all urbanized areas with a population ‘‘(B) the separation allowance does not ex- ‘‘(1) there shall be apportioned, in fiscal of under 200,000 for which the number of rev- ceed 12 months.’’; and year 2005 and each fiscal year thereafter, enue vehicle hours operated within the ur- (2) by adding at the end the following: $35,000,000 to certain urbanized areas with banized area divided by the population of the ‘‘(4) An arrangement under this subsection populations of less than 200,000 in accordance urbanized area exceeds the factor calculated shall not guarantee continuation of employ- with subsection (k); and under subparagraph (A). ment as a result of a change in private con- ‘‘(2) any amount not apportioned under ‘‘(C) For each urbanized area qualifying for tractors through competitive bidding unless paragraph (1) shall be apportioned to urban- an apportionment under subparagraph (B), such continuation is otherwise required ized areas in accordance with subsections (b) the Secretary shall calculate an amount under subparagraph (A), (B), or (D) of para- through (d).’’; equal to the product of the population of graph (2). (6) in subsection (b), as redesignated— that urbanized area and the factor calculated ‘‘(5) Fair and equitable arrangements to (A) by striking ‘‘Of the amount made avail- under subparagraph (A). protect the interests of employees utilized able or appropriated under section 5338(a) of ‘‘(D) For each urbanized area qualifying for by the Secretary of Labor for assistance to this title’’ and inserting ‘‘Of the amount ap- an apportionment under subparagraph (B), purchase like-kind equipment or facilities, portioned under subsection (a)(3)’’; and the Secretary shall calculate an amount and amendments to existing assistance (B) in paragraph (2), by striking ‘‘sub- equal to the difference between the number agreements, shall be certified without refer- sections (b) and (c) of this section’’ and in- of revenue vehicle hours within that urban- ral.’’. serting ‘‘subsections (c) and (d)’’; ized area less the amount calculated in sub- SEC. 3033. ADMINISTRATIVE PROCEDURES. (7) in subsection (c)(2), as redesignated, by paragraph (C). Section 5334 is amended— striking ‘‘subsection (a)(2) of this section’’ ‘‘(E) Each urbanized area qualifying for an (1) in subsection (a)— and inserting ‘‘subsection (b)(2)’’; apportionment under subparagraph (B) shall

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receive an amount equal to the amount to be SEC. 3037. AUTHORIZATIONS. ‘‘(B) GENERAL FUND.—In addition to the apportioned under this subsection multiplied Section 5338 is amended to read as follows: amounts made available under subparagraph by the amount calculated for that urbanized ‘‘§ 5338. Authorizations (A), there are authorized to be appropriated area under subparagraph (D) divided by the ‘‘(a) FISCAL YEAR 2004.— $10,537,460 for fiscal year 2004 to carry out sum of the amounts calculated under sub- ‘‘(1) FORMULA GRANTS.— sections 5311(b), 5312, 5313, 5314, 5315, and 5322. paragraph (D) for all urbanized areas quali- ‘‘(A) TRUST FUND.—For fiscal year 2004, ‘‘(C) ALLOCATION OF FUNDS.—Of the funds fying for an apportionment under subpara- $3,013,315,920 shall be available from the Mass made available or appropriated under this graph (B). Transit Account of the Highway Trust Fund paragraph— ‘‘(3) APPORTIONMENT BASED UPON PAS- to carry out sections 5307, 5310, and 5311 of ‘‘(i) not less than $3,976,400 shall be avail- SENGER MILES.—Of the amount apportioned this chapter and section 3038 of the Trans- able to carry out programs of the National under subsection (a)(1), one-third shall be ap- portation Equity Act for the 21st Century (49 Transit Institute under section 5315; portioned to urbanized areas as follows: U.S.C. 5310 note). ‘‘(ii) not less than $5,219,025 shall be avail- ‘‘(A) The Secretary shall calculate a factor able to carry out section 5311(b)(2); ‘‘(B) GENERAL FUND.—In addition to the equal to the sum of passenger miles con- amounts made available under subparagraph ‘‘(iii) not less than $8,201,325 shall be avail- sumed within urbanized areas with a popu- (A), there are authorized to be appropriated able to carry out section 5313; and lation of between 200,000 and 1,000,000 divided $753,328,980 for fiscal year 2004 to carry out ‘‘(iv) the remainder shall be available to by the sum of the population of all such ur- carry out national research and technology sections 5307, 5310, and 5311 of this chapter banized areas. programs under sections 5312, 5314, and 5322. and section 3038 of the Transportation Eq- ‘‘(B) The Secretary shall designate as eligi- ‘‘(6) UNIVERSITY TRANSPORTATION RE- uity Act for the 21st Century (49 U.S.C. 5310 ble for an apportionment under this para- SEARCH.— note). graph all urbanized areas with a population ‘‘(A) TRUST FUND.—For fiscal year 2004, ‘‘(C) ALLOCATION OF FUNDS.—Of the of under 200,000 for which the number of pas- $4,771,680 shall be available from the Mass amounts made available or appropriated senger miles consumed within the urbanized Transit Account of the Highway Trust Fund under this paragraph— area divided by the population of the urban- to carry out sections 5505 and 5506. ‘‘(i) $4,821,335 shall be available to the Alas- ized area exceeds the factor calculated under ‘‘(B) GENERAL FUND.—In addition to ka Railroad for improvements to its pas- subparagraph (A). amounts made available under subparagraph ‘‘(C) For each urbanized area qualifying for senger operations under section 5307; (A), there are authorized to be appropriated an apportionment under subparagraph (B), ‘‘(ii) $6,908,995 shall be available to provide $1,192,920 for fiscal year 2004 to carry out sec- the Secretary shall calculate an amount over-the-road bus accessibility grants under tions 5505 and 5506. section 3038 of the Transportation Equity equal to the product of the population of ‘‘(C) ALLOCATION OF FUNDS.—Of the that urbanized area and the factor calculated Act for the 21st Century (49 U.S.C. 5310 note); amounts made available or appropriated under subparagraph (A). ‘‘(iii) $90,117,950 shall be available to pro- under this paragraph— ‘‘(D) For each urbanized area qualifying for vide transportation services to elderly indi- ‘‘(i) $1,988,200 shall be available for grants an apportionment under subparagraph (B), viduals and individuals with disabilities under 5506(f)(5) to the institution identified the Secretary shall calculate an amount under section 5310; in section 5505(j)(3)(E), as in effect on the day equal to the difference between the number ‘‘(iv) $239,188,058 shall be available to pro- before the date of enactment of the Federal of passenger miles consumed within that ur- vide financial assistance for other than ur- Public Transportation Act of 2004; banized area less the amount calculated in banized areas under section 5311; and ‘‘(ii) $1,988,200 shall be available for grants subparagraph (C). ‘‘(v) $3,425,608,562 shall be available to pro- under section 5505(d) to the institution iden- ‘‘(E) Each urbanized area qualifying for an vide financial assistance for urbanized areas tified in section 5505(j)(4)(A), as in effect on apportionment under subparagraph (B) shall under section 5307. the date specified in clause (i); and receive an amount equal to the amount to be ‘‘(2) JOB ACCESS AND REVERSE COMMUTE.— ‘‘(iii) $1,988,200 shall be available for grants apportioned under this subsection multiplied ‘‘(A) TRUST FUND.—For fiscal year 2004, under section 5505(d) to the institution iden- by the amount calculated for that urbanized $83,504,400 shall be available from the Mass tified in section 5505(j)(4)(F), as in effect on area under subparagraph (D) divided by the Transit Account of the Highway Trust Fund the date specified in subclause (I). sum of the amounts calculated under sub- to carry out section 3037 of the Transpor- ‘‘(C) SPECIAL RULE.—Nothing in this para- paragraph (D) for all urbanized areas quali- tation Equity Act for the 21st Century (49 graph shall be construed to limit the trans- fying for an apportionment under subpara- U.S.C. 5309 note). portation research conducted by the centers graph (B). ‘‘(B) GENERAL FUND.—In addition to the receiving financial assistance under this sec- ‘‘(l) STUDY ON INCENTIVES IN FORMULA PRO- amounts made available under paragraph tion. GRAMS.— (A), there are authorized to be appropriated ‘‘(7) ADMINISTRATION.— ‘‘(1) STUDY.—The Secretary shall conduct a $20,876,100 for fiscal year 2004 to carry out ‘‘(A) TRUST FUND.—For fiscal year 2004, study to assess the feasibility and appro- section 3037 of the Transportation Equity $60,043,640 shall be available from the Mass priateness of developing and implementing Act of the 21st Century (49 U.S.C. 5309 note). Transit Account of the Highway Trust Fund an incentive funding system under sections ‘‘(3) CAPITAL PROGRAM GRANTS.— to carry out section 5334. 5307 and 5311 for operators of public transpor- ‘‘(A) TRUST FUND.—For fiscal year 2004, ‘‘(B) GENERAL FUND.—In addition to tation. $2,550,860,600 shall be available from the Mass amounts made available under subparagraph ‘‘(2) REPORT.— Transit Account of the Highway Trust Fund (A), there are authorized to be appropriated ‘‘(A) IN GENERAL.—Not later than 1 year to carry out section 5309. $15,010,910 for fiscal year 2004 to carry out after the date of enactment of the Federal ‘‘(B) GENERAL FUND.—In addition to the section 5334. Public Transportation Act of 2004, the Sec- amounts made available under subparagraph ‘‘(8) GRANTS AS CONTRACTUAL OBLIGA- retary shall submit a report on the results of (A), there are authorized to be appropriated TIONS.— the study conducted under paragraph (1) to $637,715,150 for fiscal year 2004 to carry out ‘‘(A) GRANTS FINANCED FROM HIGHWAY the Committee on Banking, Housing, and section 5309. TRUST FUND.—A grant or contract that is ap- Urban Affairs of the Senate and the Com- ‘‘(4) PLANNING.— proved by the Secretary and financed with mittee on Transportation and Infrastructure ‘‘(A) TRUST FUND.—For fiscal year 2004, amounts made available under paragraph of the House of Representatives. $58,055,440 shall be available from the Mass (1)(A), (2)(A), (3)(A), (4)(A), (5)(A), (6)(A), or ‘‘(B) CONTENTS.—The report submitted Transit Account of the Highway Trust Fund (7)(A) is a contractual obligation of the under subparagraph (A) shall include— to carry out section 5308. United States Government to pay the Fed- ‘‘(i) an analysis of the availability of ap- ‘‘(B) GENERAL FUND.—In addition to the eral share of the cost of the project. propriate measures to be used as a basis for amounts made available under subparagraph ‘‘(B) GRANTS FINANCED FROM GENERAL the distribution of incentive payments; (A), there are authorized to be appropriated FUND.—A grant or contract that is approved ‘‘(ii) the optimal number and size of any $14,513,860 for fiscal year 2004 to carry out by the Secretary and financed with amounts incentive programs; section 5308. appropriated in advance under paragraph ‘‘(iii) what types of systems should com- ‘‘(C) ALLOCATION OF FUNDS.—Of the (1)(B), (2)(B), (3)(B), (4)(B), (5)(B), (6)(B), or pete for various incentives; amounts made available or appropriated (7)(B) is a contractual obligation of the ‘‘(iv) how incentives should be distributed; under this paragraph— United States Government to pay the Fed- and ‘‘(i) 82.72 percent shall be allocated for eral share of the cost of the project only to ‘‘(v) the likely effects of the incentive metropolitan planning under section 5308(c); the extent that amounts are appropriated for funding system.’’. and such purpose by an Act of Congress. SEC. 3036. APPORTIONMENTS FOR FIXED GUIDE- ‘‘(ii) 17.28 percent shall be allocated for ‘‘(9) AVAILABILITY OF AMOUNTS.—Amounts WAY MODERNIZATION. State planning under section 5308(d). made available or appropriated under para- Section 5337 is amended— ‘‘(5) RESEARCH.— graphs (1) through (6) shall remain available (1) in subsection (a), by striking ‘‘for each ‘‘(A) TRUST FUND.—For fiscal year 2004, until expended.’’. of fiscal years 1998 through 2003’’; and $42,149,840 shall be available from the Mass ‘‘(b) FORMULA GRANTS AND RESEARCH.— (2) by striking ‘‘section 5336(b)(2)(A)’’ each Transit Account of the Highway Trust Fund ‘‘(1) IN GENERAL.—There shall be available place it appears and inserting ‘‘section to carry out sections 5311(b), 5312, 5313, 5314, from the Mass Transit Account of the High- 5336(c)(2)(A)’’. 5315, and 5322. way Trust Fund to carry out sections 5307,

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5308, 5309, 5310 through 5316, 5322, 5335, 5339, ‘‘(B) REQUIREMENTS.—The university speci- ‘‘(2) APPORTIONMENTS BETWEEN URBANIZED and 5505 of this title, and sections 3037 and fied under subparagraph (A) shall be consid- AREAS AND OTHER THAN URBANIZED AREAS IN 3038 of the Federal Transit Act of 1998 (112 ered a University Transportation Center EACH STATE.— Stat. 387 et seq.)— under section 510 of title 23, and shall be sub- ‘‘(A) IN GENERAL.—The Secretary shall ap- ‘‘(A) $6,262,600,000 for fiscal year 2005; ject to the requirements under subsections portion amounts to each State under para- ‘‘(B) $6,577,629,000 for fiscal year 2006; (c), (d), (e), and (f) of such section. graph (1) so that urbanized areas in that ‘‘(C) $6,950,400,000 for fiscal year 2007; ‘‘(C) REPORT.—In addition to the report re- State receive an amount equal to the ‘‘(D) $7,594,760,000 for fiscal year 2008; and quired under section 510(e)(3) of title 23, the amount apportioned to that State multiplied ‘‘(E) $8,275,320,000 for fiscal year 2009. university specified under subparagraph (A) by a ratio equal to the sum of the forecast ‘‘(2) ALLOCATION OF FUNDS.—Of the shall annually submit a report to the Sec- population of all urbanized areas in that amounts made available under paragraph (1) retary that describes the university’s con- State divided by the total forecast popu- for each fiscal year— tribution to public transportation. lation of that State. In making the appor- ‘‘(A) 0.92 percent shall be available for ‘‘(4) BUS GRANTS.—In addition to the tionment under this subparagraph, the Sec- grants to the Alaska Railroad under section amounts made available under paragraph (1), retary shall utilize any available forecasts 5307 for improvements to its passenger oper- there shall be available from the Mass Tran- made by the State. If no forecasts are avail- ations; sit Account of the Highway Trust Fund to able, the Secretary shall utilize data on ur- ‘‘(B) 1.75 percent shall be available to carry carry out section 5309(i)(2)(B)— banized areas and total population from the out section 5308; ‘‘(A) $839,829,000 for fiscal year 2005; most recent decennial census. ‘‘(B) REMAINING AMOUNTS.—Amounts re- ‘‘(C) 2.05 percent shall be available to pro- ‘‘(B) $882,075,000 for fiscal year 2006; maining for each State after apportionment vide financial assistance for job access and ‘‘(C) $932,064,000 for fiscal year 2007; under subparagraph (A) shall be apportioned reverse commute projects under section 3037 ‘‘(D) $1,018,474,000 for fiscal year 2008; and to that State and added to the amount made of the Federal Transit Act of 1998 (49 U.S.C. ‘‘(E) $1,109,739,000 for fiscal year 2009. available for grants under section 5311. 5309 note); ‘‘(c) MAJOR CAPITAL INVESTMENT GRANTS.— ‘‘(3) APPORTIONMENTS AMONG URBANIZED ‘‘(D) 3.00 percent shall be available to pro- There are authorized to be appropriated to AREAS IN EACH STATE.—The Secretary shall vide financial assistance for services for el- carry out section 5309(i)(2)(A)— apportion amounts made available to urban- derly persons and persons with disabilities ‘‘(1) $1,461,072,000 for fiscal year 2005; ‘‘(2) $1,534,568,000 for fiscal year 2006; ized areas in each State under subsection under section 5310; (b)(2)(A) so that each urbanized area receives ‘‘(E) 0.125 percent shall be available to ‘‘(3) $1,621,536,000 for fiscal year 2007; ‘‘(4) $1,771,866,000 for fiscal year 2008; and an amount equal to the amount apportioned carry out section 3038 of the Transportation under subsection (b)(2)(A) multiplied by a ‘‘(5) $1,930,641,000 for fiscal year 2009. Equity Act for the 21st Century (49 U.S.C. ratio equal to the population of each urban- ‘‘(d) ADMINISTRATION.—There are author- 5310 note); ized area divided by the sum of populations ized available from the Mass Transit Ac- ‘‘(F) 6.25 percent shall be available to pro- of all urbanized areas in the State. Amounts count of the Highway Trust Fund to carry vide financial assistance for other than ur- apportioned to each urbanized area shall be banized areas under section 5311; out section 5334— added to amounts apportioned to that urban- ‘‘(G) 0.89 percent shall be available to carry ‘‘(1) $86,500,000 for fiscal year 2005; ized area under section 5336, and made avail- out transit cooperative research programs ‘‘(2) $90,851,000 for fiscal year 2006; able for grants under section 5307. under section 5313, the National Transit In- ‘‘(3) $96,000,000 for fiscal year 2007; ‘‘(c) HIGH DENSITY STATE APPORTION- stitute under section 5315, university re- ‘‘(4) $104,900,000 for fiscal year 2008; and MENTS.—Amounts to be apportioned under search centers under section 5505, and na- ‘‘(5) $114,300,000 for fiscal year 2009. subsection (a)(2) shall be apportioned as fol- tional research programs under sections 5312, ‘‘(e) GRANTS AS CONTRACTUAL OBLIGA- lows: 5313, 5314, and 5322, of which— TIONS.— ‘‘(1) ELIGIBLE STATES.—The Secretary shall ‘‘(i) 17.0 percent shall be allocated to carry ‘‘(1) MASS TRANSIT ACCOUNT FUNDS.—A designate as eligible for an apportionment out transit cooperative research programs grant or contract approved by the Secretary under this subsection all States with a popu- under section 5313; that is financed with amounts made avail- lation density in excess of 370 persons per ‘‘(ii) 7.5 percent shall be allocated to carry able under subsection (b)(1) or (d) is a con- square mile. out programs under the National Transit In- tractual obligation of the United States Gov- ‘‘(2) STATE URBANIZED LAND FACTOR.—For stitute under section 5315, including not ernment to pay the Federal share of the cost each State qualifying for an apportionment more than $1,000,000 to carry out section of the project. under paragraph (1), the Secretary shall cal- 5315(a)(16); ‘‘(2) APPROPRIATED FUNDS.—A grant or con- culate an amount equal to the product of the ‘‘(iii) 11.0 percent shall be allocated to tract approved by the Secretary that is fi- urban land area of urbanized areas in the carry out the university centers program nanced with amounts made available under State times 370 persons per square mile. under section 5505; and subsection (b)(2) or (c) is a contractual obli- ‘‘(3) STATE APPORTIONMENT FACTOR.—For ‘‘(iv) any funds made available under this gation of the United States Government to each State qualifying for an apportionment subparagraph that are not allocated under pay the Federal share of the cost of the under paragraph (1), the Secretary shall cal- clauses (i) through (iii) shall be allocated to project only to the extent that amounts are culate an amount equal to the difference be- carry out national research programs under appropriated in advance for such purpose by tween the total population of the State less sections 5312, 5313, 5314, and 5322; an Act of Congress. the amount calculated in paragraph (2). ‘‘(H) $25,000,000 shall be available for each ‘‘(f) AVAILABILITY OF AMOUNTS.—Amounts ‘‘(4) STATE APPORTIONMENT.—Each State of the fiscal years 2005 through 2009 to carry made available by or appropriated under sub- qualifying for an apportionment under para- out section 5316; sections (b) and (c) shall remain available graph (1) shall receive an amount equal to ‘‘(I) there shall be available to carry out until expended.’’. the amount to be apportioned under this sub- section 5335— SEC. 3038. APPORTIONMENTS BASED ON GROW- section multiplied by the amount calculated ‘‘(i) $3,700,000 in fiscal year 2005; ING STATES FORMULA FACTORS. for the State under paragraph (3) divided by ‘‘(ii) $3,900,000 in fiscal year 2006; (a) IN GENERAL.—Chapter 53 is amended by the sum of the amounts calculated under ‘‘(iii) $4,200,000 in fiscal year 2007; adding at the end the following: paragraph (3) for all States qualifying for an ‘‘(iv) $4,600,000 in fiscal year 2008; and apportionment under paragraph (1). ‘‘(v) $5,000,000 in fiscal year 2009; ‘‘§ 5340. Apportionments based on growing ‘‘(5) APPORTIONMENTS BETWEEN URBANIZED ‘‘(J) 6.25 percent shall be allocated in ac- States and high density State formula fac- AREAS AND OTHER THAN URBANIZED AREAS IN cordance with section 5340 to provide finan- tors EACH STATE.— cial assistance for urbanized areas under sec- ‘‘(a) ALLOCATION.—Of the amounts made ‘‘(A) IN GENERAL.—The Secretary shall ap- tion 5307 and other than urbanized areas available for each fiscal year under section portion amounts apportioned to each State under section 5311; and 5338(b)(2)(J), the Secretary shall apportion— under paragraph (4) so that urbanized areas ‘‘(K) 22.0 percent shall be allocated in ac- ‘‘(1) 50 percent to States and urbanized in that State receive an amount equal to the cordance with section 5337 to provide finan- areas in accordance with subsection (b); and amount apportioned to that State multiplied cial assistance under section 5309(i)(3); and ‘‘(2) 50 percent to States and urbanized by a ratio equal to the sum of the population ‘‘(L) any amounts not made available areas in accordance with subsection (c). of all urbanized areas in that State divided under subparagraphs (A) through (K) shall be ‘‘(b) GROWING STATE APPORTIONMENTS.— by the total population of that State. allocated in accordance with section 5336 to ‘‘(1) APPORTIONMENT AMONG STATES.—The ‘‘(B) REMAINING AMOUNTS.—Amounts re- provide financial assistance for urbanized amounts apportioned under paragraph (a)(1) maining for each State after apportionment areas under section 5307. shall provide each State with an amount under subparagraph (a) shall be apportioned ‘‘(3) UNIVERSITY CENTERS PROGRAM.— equal to the total amount apportioned mul- to that State and added to the amount made ‘‘(A) ALLOCATION.—Of the amounts allo- tiplied by a ratio equal to the population of available for grants under section 5311. cated under paragraph (2)(G)(iii), $1,000,000 that State forecast for the year that is 15 ‘‘(6) APPORTIONMENTS AMONG URBANIZED shall be available in each of the fiscal years years after the most recent decennial census, AREAS IN EACH STATE.—The Secretary shall 2005 through 2009 for Morgan State Univer- divided by the total population of all States apportion amounts made available to urban- sity to provide transportation research, forecast for the year that is 15 years after ized areas in each State under subsection training, and curriculum development. the most recent decennial census. (c)(5)(A) so that each urbanized area receives

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 5, 2004 CONGRESSIONAL RECORD — SENATE S669 an amount equal to the amount apportioned fair and equitable arrangement to protect the grant or agreement to leasing arrange- under subsection (c)(5)(A) multiplied by a the interests of employees. ments that are more cost-effective than pur- ratio equal to the population of each urban- ‘‘(B) WAIVER.—The Secretary may waive chase or construction. ized area divided by the sum of populations the applicability of the Special Warranty ‘‘(b) DEFINITIONS.—As used in this section, of all urbanized areas in the State. Amounts under subparagraph (A) for private non-prof- the following definitions shall apply: apportioned to each urbanized area shall be it recipients on a case-by-case basis as the ‘‘(1) ELIGIBLE AREA.—The term ‘eligible added to amounts apportioned to that urban- Secretary considers appropriate.’’; and area’ means any federally owned or managed ized area under section 5336, and made avail- (4) by striking subsections (k) and (l). park, refuge, or recreational area that is able for grants under section 5307.’’. SEC. 3040. OVER-THE-ROAD BUS ACCESSIBILITY open to the general public, including— (b) CONFORMING AMENDMENT.—The table of PROGRAM. ‘‘(A) a unit of the National Park System; sections for chapter 53 is amended by adding (a) SECTION HEADING.—The section heading ‘‘(B) a unit of the National Wildlife Refuge at the end the following: for section 3038 of the Federal Transit Act of System; ‘‘(C) a recreational area managed by the ‘‘5340. Apportionments based on growing 1998 (49 U.S.C. 5310 note), is amended to read Bureau of Land Management; and States and high density States as follows: ‘‘(D) a recreation area managed by the Bu- formula factors.’’. ‘‘SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM.’’. reau of Reclamation. SEC. 3039. JOB ACCESS AND REVERSE COMMUTE ‘‘(2) FEDERAL LAND MANAGEMENT AGENCY.— GRANTS. (b) FUNDING.—Section 3038(g) of the Fed- eral Transit Act of 1998 (49 U.S.C. 5310 note) The term ‘Federal land management agency’ Section 3037 of the Federal Transit Act of means a Federal agency that manages an eli- 1998 (49 U.S.C. 5309 note) is amended— is amended to read as follows: ‘‘(g) FUNDING.—Of the amounts made avail- gible area. (1) in subsection (b)— able for each fiscal year under subsections ‘‘(3) ALTERNATIVE TRANSPORTATION.—The (A) in paragraph (1)— (a)(1)(C)(iii) and (b)(2)(E) of section 5338 of term ‘alternative transportation’ means (i) by striking ‘‘means an individual’’ and title 49, United States Code— transportation by bus, rail, or any other pub- inserting the following: ‘‘means— ‘‘(1) 75 percent shall be available, and shall licly or privately owned conveyance that ‘‘(A) an individual’’; and remain available until expended, for opera- provides to the public general or special (ii) by striking the period at the end and tors of over-the-road buses, used substan- service on a regular basis, including sight- inserting ‘‘; or tially or exclusively in intercity, fixed-route seeing service. ‘‘(B) an individual who is eligible for as- over-the-road bus service, to finance the in- ‘‘(4) QUALIFIED PARTICIPANT.—The term sistance under the State program of Tem- cremental capital and training costs of the ‘qualified participant’ means— porary Assistance to Needy Families funded Department of Transportation’s final rule re- ‘‘(A) a Federal land management agency; under part A of title IV of the Social Secu- garding accessibility of over-the-road buses; or rity Act (42 U.S.C. 601 et. seq.) in the State and ‘‘(B) a State, tribal, or local governmental in which the recipient of a grant under this ‘‘(2) 25 percent shall be available, and shall authority with jurisdiction over land in the section is located.’’; and remain available until expended, for opera- vicinity of an eligible area acting with the (B) in paragraph (2), by striking ‘‘develop- tors of over-the-road bus service not de- consent of the Federal land management ment of’’ each place it appears and inserting scribed in paragraph (1), to finance the incre- agency, alone or in partnership with a Fed- ‘‘development and provision of’’; mental capital and training costs of the De- eral land management agency or other Gov- (2) in subsection (i), by amending para- partment of Transportation’s final rule re- ernmental or nongovernmental participant. graph (2) to read as follows: garding accessibility of over-the-road ‘‘(5) QUALIFIED PROJECT.—The term ‘quali- ‘‘(2) COORDINATION.— buses.’’. fied project’ means a planning or capital ‘‘(A) IN GENERAL.—The Secretary shall co- (b) CONFORMING AMENDMENT.—The item re- project in or in the vicinity of an eligible ordinate activities under this section with lating to section 3038 in the table of contents area that— related activities under programs of other for the Transportation Equity Act for the ‘‘(A) is an activity described in section Federal departments and agencies. 21st Century (Public Law 105–178) is amended 5302, 5303, 5304, 5308, or 5309(a)(1)(A); ‘‘(B) CERTIFICATION.—A recipient of funds to read as follows: ‘‘(B) involves— under this section shall certify that— ‘‘(i) the purchase of rolling stock that in- ‘‘Sec. 3038. Over-the-road bus accessibility ‘‘(i) the project has been derived from a lo- corporates clean fuel technology or the re- program.’’. cally developed, coordinated public transit placement of buses of a type in use on the human services transportation plan; and SEC. 3041. ALTERNATIVE TRANSPORTATION IN date of enactment of this section with clean PARKS AND PUBLIC LANDS. ‘‘(ii) the plan was developed through a fuel vehicles; or (a) IN GENERAL.—Chapter 53 is amended by process that included representatives of pub- ‘‘(ii) the deployment of alternative trans- inserting after section 5315 the following: lic, private, and nonprofit transportation portation vehicles that introduce innovative and human services providers and participa- ‘‘§ 5316. Alternative transportation in parks technologies or methods; tion by the public.’’; and public lands ‘‘(C) relates to the capital costs of coordi- (3) by amending subsection (j) to read as ‘‘(a) IN GENERAL.— nating the Federal land management agency follows: ‘‘(1) AUTHORIZATION.— public transportation systems with other ‘‘(j) GRANT REQUIREMENTS.— ‘‘(A) IN GENERAL.—The Secretary, in con- public transportation systems; ‘‘(1) IN GENERAL.— sultation with the Secretary of the Interior, ‘‘(D) provides a nonmotorized transpor- ‘‘(A) URBANIZED AREAS.—A grant awarded may award a grant or enter into a contract, tation system (including the provision of fa- under this section to a public agency or pri- cooperative agreement, interagency agree- cilities for pedestrians, bicycles, and non- vate company engaged in public transpor- ment, intraagency agreement, or other motorized watercraft); tation in an urbanized area shall be subject transaction to carry out a qualified project ‘‘(E) provides waterborne access within or to the all of the terms and conditions to under this section to enhance the protection in the vicinity of an eligible area, as appro- which a grant awarded under section 5307 of of America’s National Parks and public lands priate to and consistent with this section; or title 49, United States Code, is subject, to and increase the enjoyment of those visiting ‘‘(F) is any other alternative transpor- the extent the Secretary considers appro- the parks and public lands by ensuring ac- tation project that— priate. cess to all, including persons with disabil- ‘‘(i) enhances the environment; ‘‘(B) OTHER THAN URBANIZED AREAS.—A ities, improving conservation and park and ‘‘(ii) prevents or mitigates an adverse im- grant awarded under this section to a public public land opportunities in urban areas pact on a natural resource; agency or a private company engaged in pub- through partnering with state and local gov- ‘‘(iii) improves Federal land management lic transportation in an area other than ur- ernments, and improving park and public agency resource management; banized areas shall be subject to all of the land transportation infrastructure. ‘‘(iv) improves visitor mobility and acces- terms and conditions to which a grant ‘‘(B) CONSULTATION WITH OTHER AGENCIES.— sibility and the visitor experience; awarded under section 5311 of title 49, United To the extent that projects are proposed or ‘‘(v) reduces congestion and pollution (in- States Code, is subject, to the extent the funded in eligible areas that are not within cluding noise pollution and visual pollution); Secretary considers appropriate. the jurisdiction of the Department of the In- or ‘‘(C) NONPROFIT ORGANIZATIONS.—A grant terior, the Secretary of the Interior shall ‘‘(vi) conserves a natural, historical, or awarded under this section to a private non- consult with the heads of the relevant Fed- cultural resource (excluding rehabilitation profit organization shall be subject to all of eral land management agencies in carrying or restoration of a non-transportation facil- the terms and conditions to which a grant out the responsibilities under this section. ity). made under section 5310 of title 49, United ‘‘(2) USE OF FUNDS.—A grant, cooperative ‘‘(c) FEDERAL AGENCY COOPERATIVE AR- States Code, is subject, to the extent the agreement, interagency agreement, RANGEMENTS.—The Secretary shall develop Secretary considers appropriate. intraagency agreement, or other transaction cooperative arrangements with the Sec- ‘‘(2) SPECIAL WARRANTY.— for a qualified project under this section retary of the Interior that provide for— ‘‘(A) IN GENERAL.—Section 5333(b) of title shall be available to finance the leasing of ‘‘(1) technical assistance in alternative 49, United States Code, shall apply to grants equipment and facilities for use in public transportation; under this section if the Secretary of Labor transportation, subject to any regulation ‘‘(2) interagency and multidisciplinary utilizes a Special Warranty that provides a that the Secretary may prescribe limiting teams to develop Federal land management

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agency alternative transportation policy, ‘‘(E) any other matters that the Secretary ‘‘(i) RELATIONSHIP TO OTHER LAWS.— procedures, and coordination; and considers appropriate to carry out this sec- ‘‘(1) SECTION 5307.—A qualified participant ‘‘(3) the development of procedures and cri- tion. under this section shall be subject to the re- teria relating to the planning, selection, and ‘‘(3) Notwithstanding any other provision quirements of sections 5307 and 5333(a) to the funding of qualified projects and the imple- of law, Federal funds appropriated to any extent the Secretary determines to be appro- mentation and oversight of the program of Federal land management agency may be priate. projects in accordance with this section. counted toward the non-agency share of the ‘‘(2) OTHER REQUIREMENTS.—A qualified net project cost of a qualified project. participant under this section is subject to ‘‘(d) LIMITATION ON USE OF AVAILABLE ‘‘(g) SELECTION OF QUALIFIED PROJECTS.— any other terms, conditions, requirements, AMOUNTS.— ‘‘(1) The Secretary of the Interior, after and provisions that the Secretary deter- ‘‘(1) IN GENERAL.—The Secretary, in con- consultation with and in cooperation with mines to be appropriate to carry out this sultation with the Secretary of the Interior, the Secretary, shall determine the final se- may use not more than 10 percent of the section, including requirements for the dis- lection and funding of an annual program of tribution of proceeds on disposition of real amount made available for a fiscal year qualified projects in accordance with this under section 5338(a)(2)(I) to carry out plan- property and equipment resulting from a section. qualified project assisted under this section. ning, research, and technical assistance ‘‘(2) In determining whether to include a under this section, including the develop- ‘‘(3) PROJECT MANAGEMENT PLAN.—If the project in the annual program of qualified amount of assistance anticipated to be re- ment of technology appropriate for use in a projects, the Secretary of the Interior shall qualified project. quired for a qualified project under this sec- consider— tion is not less than $25,000,000— ‘‘(2) ADDITIONAL AMOUNTS.—Amounts made ‘‘(A) the justification for the qualified available under this subsection are in addi- ‘‘(A) the qualified project shall, to the ex- project, including the extent to which the tent the Secretary considers appropriate, be tion to amounts otherwise available to the qualified project would conserve resources, Secretary to carry out planning, research, carried out through a full funding grant prevent or mitigate adverse impact, and en- agreement, in accordance with section and technical assistance under this title or hance the environment; any other provision of law. 5309(g); and ‘‘(B) the location of the qualified project, ‘‘(B) the qualified participant shall prepare ‘‘(3) MAXIMUM AMOUNT.—No qualified to ensure that the selected qualified project shall receive more than 12 percent of a project management plan in accordance projects— with section 5327(a). the total amount made available to carry ‘‘(i) are geographically diverse nationwide; out this section under section 5338(a)(2)(I) for ‘‘(i) ASSET MANAGEMENT.—The Secretary, and in consultation with the Secretary of the In- any fiscal year. ‘‘(ii) include qualified projects in eligible terior, may transfer the interest of the De- areas located in both urban areas and rural ‘‘(e) PLANNING PROCESS.—In undertaking a partment of Transportation in, and control areas; qualified project under this section, over, all facilities and equipment acquired ‘‘(C) the size of the qualified project, to en- ‘‘(1) if the qualified participant is a Federal under this section to a qualified participant sure that there is a balanced distribution; land management agency— for use and disposition in accordance with ‘‘(D) the historical and cultural signifi- ‘‘(A) the Secretary, in cooperation with the any property management regulations that cance of a qualified project; Secretary of the Interior, shall develop the Secretary determines to be appropriate. ‘‘(E) safety; transportation planning procedures that are ‘‘(j) COORDINATION OF RESEARCH AND DE- ‘‘(F) the extent to which the qualified consistent with— PLOYMENT OF NEW TECHNOLOGIES.— ‘‘(i) the metropolitan planning provisions project would- ‘‘(i) enhance livable communities; ‘‘(1) The Secretary, in cooperation with the under section 5303 of this title; Secretary of the Interior, may undertake, or ‘‘(ii) the statewide planning provisions ‘‘(ii) reduce pollution (including noise pol- lution, air pollution, and visual pollution); make grants, cooperative agreements, con- under section 5304 of this title; and ‘‘(iii) reduce congestion; and tracts (including agreements with depart- ‘‘(iii) the public participation requirements ‘‘(iv) improve the mobility of people in the ments, agencies, and instrumentalities of the under section 5307(e); and most efficient manner; and Federal Government) or other transactions ‘‘(B) in the case of a qualified project that ‘‘(G) any other matters that the Secretary for research, development, and deployment is at a unit of the National Park system, the considers appropriate to carry out this sec- of new technologies in eligible areas that planning process shall be consistent with the tion, including- will— general management plans of the unit of the ‘‘(i) visitation levels; ‘‘(A) conserve resources; National Park system; and ‘‘(ii) the use of innovative financing or ‘‘(B) prevent or mitigate adverse environ- ‘‘(2) if the qualified participant is a State joint development strategies; and mental impact; or local governmental authority, or more ‘‘(iii) coordination with gateway commu- ‘‘(C) improve visitor mobility, accessi- than one State or local governmental au- nities. bility, and enjoyment; and thority in more than one State, the qualified ‘‘(h) QUALIFIED PROJECTS CARRIED OUT IN ‘‘(D) reduce pollution (including noise pol- participant shall— ADVANCE.— lution and visual pollution). ‘‘(A) comply with the metropolitan plan- ‘‘(1) When a qualified participant carries ‘‘(2) The Secretary may request and receive ning provisions under section 5303 of this out any part of a qualified project without appropriate information from any source. title; assistance under this section in accordance ‘‘(3) Grants, cooperative agreements, con- ‘‘(B) comply with the statewide planning with all applicable procedures and require- tracts or other transactions under paragraph provisions under section 5304 of this title; ments, the Secretary, in consultation with (1) shall be awarded from amounts allocated ‘‘(C) comply with the public participation the Secretary of the Interior, may pay the under subsection (c)(1). requirements under section 5307(e) of this share of the net capital project cost of a ‘‘(k) INNOVATIVE FINANCING.—A qualified title; and qualified project if— project receiving financial assistance under ‘‘(D) consult with the appropriate Federal ‘‘(A) the qualified participant applies for this section shall be eligible for funding land management agency during the plan- the payment; through a state infrastructure bank or other ning process. ‘‘(B) the Secretary approves the payment; innovative financing mechanism available to ‘‘(f) COST SHARING.— and finance an eligible project under this chap- ‘‘(1) The Secretary, in cooperation with the ‘‘(C) before carrying out that part of the ter. Secretary of the Interior, shall establish the qualified project, the Secretary approves the ‘‘(l) REPORTS.— agency share of net project cost to be pro- plans and specifications in the same manner ‘‘(1) IN GENERAL.—The Secretary, in con- vided under this section to a qualified partic- as plans and specifications are approved for sultation with the Secretary of the Interior, ipant. other projects assisted under this section. shall annually submit a report on the alloca- ‘‘(2) In establishing the agency share of net ‘‘(2)(A) The cost of carrying out part of a tion of amounts made available to assist project cost to be provided under this sec- qualified project under paragraph (1) in- qualified projects under this section to— tion, the Secretary shall consider— cludes the amount of interest earned and ‘‘(A) the Committee on Banking, Housing, ‘‘(A) visitation levels and the revenue de- payable on bonds issued by a State or local and Urban Affairs of the Senate; and rived from user fees in the eligible area in governmental authority, to the extent that ‘‘(B) the Committee on Transportation and which the qualified project is carried out; proceeds of the bond are expended in car- Infrastructure of the House of Representa- ‘‘(B) the extent to which the qualified par- rying out that part. tives. ticipant coordinates with a public transpor- ‘‘(B) The rate of interest under this para- ‘‘(2) ANNUAL AND SUPPLEMENTAL REPORTS.— tation authority or private entity engaged in graph may not exceed the most favorable The report required under paragraph (1) shall public transportation; rate reasonably available for the qualified be included in the report submitted under ‘‘(C) private investment in the qualified project at the time of borrowing. section 5309(m).’’. project, including the provision of contract ‘‘(C) The qualified participant shall certify, (b) CONFORMING AMENDMENTS.—The table services, joint development activities, and in a manner satisfactory to the Secretary, of sections for chapter 53 is amended by in- the use of innovative financing mechanisms; that the qualified participant has exercised serting after the item relating to section 5315 ‘‘(D) the clear and direct benefit to the reasonable diligence in seeking the most fa- the following: qualified participant; and vorable interest rate. ‘‘5316. Alternative transportation in parks and public lands.’’.

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OBLIGATION CEILING. tion, mitigation, or enhancement measures tribal historic preservation officer (and from Notwithstanding any other provision of that are required to be implemented as a the Advisory Council on Historic Preserva- law, the total of all obligations from condition of approval of the transportation tion, if participating in the consultation); amounts made available from the Mass Tran- program or project. and sit Account of the Highway Trust Fund by, ‘‘(2) HISTORIC SITES.—With respect to his- ‘‘(C) the finding of the Secretary has been and amounts appropriated under, subsections toric sites, the Secretary may make a find- developed in consultation with parties con- (a) through (c) of section 5338 of title 49, ing of de minimis impact only if— sulting as part of the process referred to in United States Code, shall not exceed— ‘‘(A) the Secretary has determined, in ac- subparagraph (A). (1) $7,265,876,900 for fiscal year 2004; cordance with the consultation process re- ‘‘(3) PARKS, RECREATION AREAS, AND WILD- (2) $8,650,000,000 for fiscal year 2005; quired under section 106 of the National His- LIFE AND WATERFOWL REFUGES.—With respect (3) $9,085,123,000 for fiscal year 2006; toric Preservation Act (16 U.S.C. 470f), that— to parks, recreation areas, or wildlife or wa- (4) $9,600,000,000 for fiscal year 2007; ‘‘(i) the transportation program or project terfowl refuges, the Secretary may make a (5) $10,490,000,000 for fiscal year 2008; and will have no adverse effect on the historic finding of de minimis impact only if— (6) $11,430,000,000 for fiscal year 2009. site; or ‘‘(A) the Secretary has determined, in ac- SEC. 3043. ADJUSTMENTS FOR THE SURFACE ‘‘(ii) there will be no historic properties af- cordance with the National Environmental TRANSPORTATION EXTENSION ACT fected by the transportation program or Policy Act of 1969 (42 U.S.C. 4321 et seq.) (in- OF 2003. project; cluding public notice and opportunity for (a) IN GENERAL.—Notwithstanding any ‘‘(B) the finding of the Secretary has re- public review and comment), that the trans- other provision of law, the Secretary shall ceived written concurrence from the applica- portation program or project will not ad- reduce the total apportionments and alloca- ble State historic preservation officer or versely affect the activities, features, and at- tions made for fiscal year 2004 to each grant tribal historic preservation officer (and from tributes of the park, recreation area, or wild- recipient under section 5338 of title 49, the Advisory Council on Historic Preserva- life or waterfowl refuge eligible for protec- United States Code, by the amount appor- tion, if participating in the consultation); tion under this title; and tioned to that recipient pursuant to section and ‘‘(B) the finding of the Secretary has re- 8 of the Surface Transportation Extension ‘‘(C) the finding of the Secretary has been ceived concurrence from the officials with Act of 2003 (117 Stat. 1121). developed in consultation with parties con- jurisdiction over the park, recreation area, (b) FIXED GUIDEWAY MODERNIZATION AD- sulting as part of the process referred to in or wildlife or waterfowl refuge.’’. JUSTMENT.—In making the apportionments subparagraph (A). (b) CLARIFICATION OF EXISTING STAND- described in subsection (a), the Secretary ‘‘(3) PARKS, RECREATION AREAS, AND WILD- ARDS.— shall adjust the amount apportioned for fis- LIFE AND WATERFOWL REFUGES.—With respect (1) IN GENERAL.—Not later than 1 year after cal year 2004 to each urbanized area for fixed to parks, recreation areas, or wildlife or wa- the date of enactment of this Act, the Sec- guideway modernization to reflect the appor- terfowl refuges, the Secretary may make a retary shall (in consultation with affected tionment method set forth in 5337(a) of title finding of de minimis impact only if— agencies and interested parties) promulgate 49, United States Code. ‘‘(A) the Secretary has determined, in ac- regulations that clarify the factors to be cordance with the National Environmental considered and the standards to be applied in SA 2270. Ms. COLLINS submitted an Policy Act of 1969 (42 U.S.C. 4321 et seq.) (in- determining the prudence and feasibility of alternatives under section 138 of title 23 and amendment intended to be proposed by cluding public notice and opportunity for public review and comment), that the trans- section 303 of title 49, United States Code. her to the bill S. 1072, to authorize portation program or project will not ad- (2) REQUIREMENTS.—The regulations— funds for Federal-aid highways, high- versely affect the activities, features, and at- (A) shall clarify the application of the way safety programs, and transit pro- tributes of the park, recreation area, or wild- legal standards to a variety of different grams, and for other purposes; which life or waterfowl refuge eligible for protec- types of transportation programs and was ordered to lie on the table; as fol- tion under this title; and projects depending on the circumstances of lows: ‘‘(B) the finding of the Secretary has re- each case; and ceived concurrence from the officials with (B) may include, as appropriate, examples At the appropriate place, insert the fol- jurisdiction over the park, recreation area, to facilitate clear and consistent interpreta- lowing new section: or wildlife or waterfowl refuge.’’. tion by agency decisionmakers. SEC. ll. FUNDS FOR REBUILDING FISH STOCKS. (2) TITLE 49.—Section 303 of title 49, United (c) IMPLEMENTATION STUDY.— Section 105 of the Miscellaneous Appro- States Code, is amended— (1) IN GENERAL.—The Secretary and the priations and Offsets Act, 2004 (division H of (A) by striking ‘‘(c) The Secretary’’ and in- Transportation Research Board of the Na- the Consolidated Appropriations Act, 2004) is serting the following: tional Academy of Sciences shall jointly repealed. ‘‘(c) APPROVAL OF PROGRAMS AND conduct a study on the implementation of PROJECTS.—Subject to subsection (d), the this section and the amendments made by SA 2271. Mr. VOINOVICH submitted Secretary’’; and this section. an amendment intended to be proposed (B) by adding at the end the following: (2) COMPONENTS.—In conducting the study, by him to the bill S. 1072, to authorize ‘‘(d) DE MINIMIS IMPACTS.— the Secretary and the Transportation Re- funds for Federal-aid highways, high- ‘‘(1) REQUIREMENTS.— search Board shall evaluate— way safety programs, and transit pro- ‘‘(A) IN GENERAL.—The requirements of (A) the processes developed under this sec- this section shall be considered to be satis- tion and the amendments made by this sec- grams, and for other purposes; which fied with respect to an area described in tion and the efficiencies that may result; was ordered to lie on the table; as fol- paragraph (2) or (3) if the Secretary deter- (B) the post-construction effectiveness of lows: mines, in accordance with this subsection, impact mitigation and avoidance commit- On page 806, strike line 5 and insert the fol- that a transportation program or project ments adopted as part of projects conducted lowing: will have a de minimis impact on the area. under this section and the amendments made SEC. 1514. PARKS, RECREATION AREAS, WILDLIFE ‘‘(B) CRITERIA.—In making any determina- by this section; and AND WATERFOWL REFUGES, AND tion under this subsection, the Secretary (C) the quantity of projects with impacts HISTORIC SITES. shall consider to be part of a transportation that are considered de minimis under this (a) PROGRAMS AND PROJECTS WITH DE MINI- program or project any avoidance, minimiza- section and the amendments made by this MIS IMPACTS.— tion, mitigation, or enhancement measures section, including information on the loca- (1) TITLE 23.—Section 138 of title 23, United that are required to be implemented as a tion, size, and cost of the projects. States Code, is amended— condition of approval of the transportation (3) REPORT REQUIREMENT.—The Secretary (A) in the first sentence, by striking ‘‘It is program or project. and the Transportation Research Board shall hereby’’ and inserting the following: ‘‘(2) HISTORIC SITES.—With respect to his- prepare— ‘‘(a) DECLARATION OF POLICY.—It is’’; and toric sites, the Secretary may make a find- (A) not earlier than the date that is 4 years (B) by adding at the end the following: ing of de minimis impact only if— after the date of enactment of this Act, a re- ‘‘(b) DE MINIMIS IMPACTS.— ‘‘(A) the Secretary has determined, in ac- port on the results of the study conducted ‘‘(1) REQUIREMENTS.— cordance with the consultation process re- under this subsection; and ‘‘(A) IN GENERAL.—The requirements of quired under section 106 of the National His- (B) not later than September 30, 2009, an this section shall be considered to be satis- toric Preservation Act (16 U.S.C. 470f), that— update on the report required under subpara- fied with respect to an area described in ‘‘(i) the transportation program or project graph (A). paragraph (2) or (3) if the Secretary deter- will have no adverse effect on the historic (4) REPORT RECIPIENTS.—The Secretary and mines, in accordance with this subsection, site; or the Transportation Research Board shall— that a transportation program or project ‘‘(ii) there will be no historic properties af- (A) submit the report and update required will have a de minimis impact on the area. fected by the transportation program or under paragraph (3) to— ‘‘(B) CRITERIA.—In making any determina- project; (i) the appropriate committees of Congress; tion under this subsection, the Secretary ‘‘(B) the finding of the Secretary has re- (ii) the Secretary of the Interior; and shall consider to be part of a transportation ceived written concurrence from the applica- (iii) the Advisory Council on Historic Pres- program or project any avoidance, minimiza- ble State historic preservation officer or ervation; and

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4637 Sfmt 0634 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY S672 CONGRESSIONAL RECORD — SENATE February 5, 2004 (B) make the report and update available to come to the floor and speak on the WILLIAM FORREST HARLOW, OF TEXAS JOSHUA MATTHEW HARRIS, OF NEW JERSEY to the public. merits of the bill. The majority leader TIMOTHY B. HEFNER, OF NORTH CAROLINA SEC. 1515. REGULATIONS. will expand on next week’s schedule GAIL A. HERRMANN, OF MARYLAND RANDOLPH CHARLES HILLIARD, OF VIRGINIA f during tomorrow’s session. THOMAS R. HOBAN, OF VIRGINIA CATHERINE H. HOLMBERG, OF VIRGINIA AUTHORITY FOR COMMITTEES TO f KELLY MAURER HOLTHAUS, OF MARYLAND JAMES R. JAMERSON, OF MARYLAND MEET ADJOURNMENT UNTIL 9:30 A.M. MARA A. KAPLAN, OF VIRGINIA KAREN YOUNG KESHAP, OF VIRGINIA COMMITTEE ON THE JUDICIARY TOMORROW DONALD F. KILBURG III, OF MINNESOTA MARK E. KISSEL, OF MARYLAND Mr. BOND. Mr. President, I ask unan- Mr. INHOFE. If there is no further JEREMIAH ANDRE KNIGHT, OF CONNECTICUT imous consent that the Committee on business to come before the Senate, I MICHAEL K. KOSTICK, OF VIRGINIA ANNEMETTE LAVERY, OF ARIZONA the Judiciary be authorized to meet on ask unanimous consent that the Sen- DONNA L. LEE, OF VIRGINIA Thursday, February 5, 2004, at 10 a.m., ate stand in adjournment under the JINNIE J. LEE, OF NEW YORK MICHELLE ANNE LEE, OF OHIO in room 2141 of the Rayburn House Of- previous order. VAN-TRINH THI LEO, OF VIRGINIA fice Building to consider judicial nomi- There being no objection, the Senate, CAROLYN M. MANN, OF VIRGINIA TELSIDE LOGAN MANSON, OF VIRGINIA nations. at 6:15 p.m., adjourned until Friday, ROSEMARIE MARTIGNETTI-HAYES, OF MASSACHUSETTS The PRESIDING OFFICER. Without February 6, 2004, at 9:30 a.m. TANDY KEALA REIKO MATSUDA, OF VIRGINIA objection, it is so ordered. KIMBERLY M. MC CLURE, OF KENTUCKY f DAVID E. MC MULLIN, OF THE DISTRICT OF COLUMBIA f MARC J. MELLINGER, OF VIRGINIA NOMINATIONS KURT MICHAEL MIHELICH, OF VIRGINIA PRIVILEGES OF THE FLOOR JAMES N. MILLER, OF CONNECTICUT Executive nominations received by STUART WAYNE MINOR, OF VIRGINIA WILLIAM S. MITCHELL, OF VIRGINIA Mr. GRASSLEY. Madam President, I the Senate February 5, 2004: ANJANA J. MODI, OF PENNSYLVANIA have a unanimous consent request ARAM MOHAMED, OF VIRGINIA DEPARTMENT OF DEFENSE CHARNAE L. MORRIS, OF NEW YORK from Senator BAUCUS for people to be MARK FALCOFF, OF CALIFORNIA, TO BE A MEMBER OF CHINH U. NGUYEN, OF VIRGINIA on the floor. I ask unanimous consent THE NATIONAL SECURITY EDUCATION BOARD FOR A KATHARINE B. O’CONNOR, OF VIRGINIA that the following interns for the Sen- TERM OF FOUR YEARS, VICE CORNELIUS P. O’LEARY, REBECCA P. OWEN, OF UTAH TERM EXPIRED. TUNISIA M. OWENS, OF CALIFORNIA ate Finance Committee be granted MICHAEL L. PAPP, OF VIRGINIA FOREIGN SERVICE WILLIAM JOSEPH PATON, OF NEW YORK floor privileges for the remainder of ANTHONY C. PATTON, OF VIRGINIA the debate on the highway bill: Jane THE FOLLOWING-NAMED PERSONS OF THE AGENCIES JESSICA H. PATTERSON, OF VIRGINIA INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- LISA M. PHILLIPS, OF VIRGINIA Bergeson, Shannon Augure, Jeremy FICERS OF THE CLASS STATED, AND ALSO FOR THE MARGO POGORZELSKI, OF NEW YORK Sieglitz, Tyson Hill, Simon Chabel, and OTHER APPOINTMENTS INDICATED HEREWITH: FOR AP- MUSTAFA MUHAMMAD POPAL, OF VIRGINIA POINTMENT AS FOREIGN SERVICE OFFICERS OF CLASS ANUPAMA PRATTIPATI, OF PENNSYLVANIA Trace Thaxton. THREE, CONSULAR OFFICER AND SECRETARY IN THE FRANCISCA FLORENCIA QUINTANAR-BERMUDEZ, OF DIPLOMATIC SERVICE OF THE UNITED STATES OF AMER- CALIFORNIA The PRESIDING OFFICER. Without ICA: objection, it is so ordered. BRIAN J. RAYMOND, OF THE DISTRICT OF COLUMBIA DEPARTMENT OF COMMERCE ANDREW H. READER, OF VIRGINIA Mr. SHELBY. Mr. President, I also REBECCA ANNE REAM, OF VIRGINIA BRUCE M. QUINN, OF CALIFORNIA CARSON R. RELITZ, OF INDIANA ask unanimous consent that Rich CHARLES LEWIS RIDLEY IV, OF VIRGINIA Steinmann and Kate Mattice, detailees THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN CURTIS RAYMOND RIED, OF CALIFORNIA SERVICE TO BE CONSULAR OFFICERS AND/OR SECRE- DAYNA RACHELLE ROBISON, OF VIRGINIA from the Federal Transit Administra- TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED SUSAN ELIZABETH SACK, OF VIRGINIA tion serving the Banking Committee, STATES OF AMERICA, AS INDICATED: CONSULAR OFFI- JOY MICHIKO SAKURAI, OF HAWAII CERS AND SECRETARIES IN THE DIPLOMATIC SERVICE MARISSA DENISE SCOTT, OF LOUISIANA be granted floor privileges for the dura- OF THE UNITED STATES OF AMERICA: CRAIG M. SEHLHORST, OF FLORIDA tion of the consideration of this bill. DEPARTMENT OF COMMERCE JOHN A. SIKO, OF THE DISTRICT OF COLUMBIA RODNEY A. SNYDER, OF VIRGINIA The PRESIDING OFFICER. Without HORACE E. BURTON, OF NEW JERSEY EDWARD W. SOLTOW, OF ARIZONA objection, it is so ordered. JAMES P. GOLSEN, OF MARYLAND JAMES REBER SOPP, OF VIRGINIA PAUL J. STEFANSKI, OF VIRGINIA Mr. JEFFORDS. Mr. President, I ask THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN DAVID STEPHENSON, OF TEXAS unanimous consent that Peter SERVICE TO BE CONSULAR OFFICERS AND/OR SECRE- BRADLEY K. STILWELL, OF WASHINGTON TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED LAURA TAYLOR-KALE, OF CALIFORNIA Smallwood, a fellow in the office of STATES OF AMERICA, AS INDICATED: CONSULAR OFFI- ERIK N. THOMAS, OF VIRGINIA CERS AND SECRETARIES IN THE DIPLOMATIC SERVICE MATTHEW A. THOMPSON, OF VIRGINIA Senator LIEBERMAN, be granted the OF THE UNITED STATES OF AMERICA: privilege of the floor for the consider- ANGELA TLUSTENKO-BROOKS, OF VIRGINIA DEPARTMENT OF COMMERCE KENICHIRO TOKO, OF NEW JERSEY ation of S. 1072, the highway bill. MICHELLE NICOLE WARD, OF MARYLAND ERIC B. WOLFF, OF CALIFORNIA ALISON E. WERNER, OF THE DISTRICT OF COLUMBIA The PRESIDING OFFICER. Without COLIN WILLETT, OF VIRGINIA DEPARTMENT OF STATE objection, it is so ordered. CARY M. WILLIAMS, OF VIRGINIA JAMES E. AGUIRRE, OF CALIFORNIA BRIAN CHARLES WINANS, OF ILLINOIS f PHILLIP C. ALLEN, OF VIRGINIA ANDREW VAUGHN WITHERSPOON, OF NEW HAMPSHIRE VINSON A. ANDERSON, OF VIRGINIA JESSICA A. WOLF, OF NEW YORK ORDERS FOR FRIDAY, FEBRUARY PETER DONALD ANDREOLI III, OF VIRGINIA SUSAN W. WONG, OF NEW YORK MATTHEW KAZUAKI ASADA, OF NEW JERSEY CHARLES BYRON WOODWARD JR., OF VIRGINIA 6, 2004 KIMBERLY ELAINE BAKER, OF VIRGINIA BRYAN DEAN WRIGHT, OF VIRGINIA BENJAMIN STEPHEN BALL, OF CALIFORNIA RAN XU, OF NEW YORK Mr. INHOFE. Mr. President, I ask JAMES L. BANGERT, OF THE DISTRICT OF COLUMBIA THE FOLLOWING-NAMED CAREER MEMBERS OF THE unanimous consent that when the Sen- GEORGE DAVID BANKS, OF VIRGINIA FOREIGN SERVICE FOR PROMOTION IN THE SENIOR FOR- SUSAN L. BAUER, OF VIRGINIA EIGN SERVICE TO THE CLASS INDICATED: ate completes its business today, it ad- JEREMY HEYWOOD BEER, OF COLORADO CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, journ until 9:30 a.m., Friday, February WYLITA L. BELL, OF VIRGINIA CLASS OF COUNSELOR, IN THE DIPLOMATIC SERVICE OF KELLY ANNE BILLINGSLEY, OF FLORIDA THE UNITED STATES OF AMERICA: 6. I further ask that following the pray- ALFRED MICHAEL BOLL, OF FLORIDA DEPARTMENT OF COMMERCE er and the pledge, the morning hour be QIANA BRADFORD, OF GEORGIA MARY KATHERINE BREZIN, OF VIRGINIA MICHAEL W. LIIKALA, OF TEXAS deemed expired, the Journal of pro- MOZELLA N. BROWN, OF THE DISTRICT OF COLUMBIA ceedings be approved to date, the time THOMAS M. CALL, OF THE DISTRICT OF COLUMBIA IN THE COAST GUARD CHARLES M. CARRICO, OF VIRGINIA for the two leaders be reserved for their NATHAN CHRISTOPHER CARTER, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT use later in the day, and the Senate DONALD L. CONNER, OF THE DISTRICT OF COLUMBIA AS VICE COMMANDANT OF THE UNITED STATES COAST WILFRED A. COTE IV, OF OHIO GUARD AND TO THE GRADE INDICATED UNDER TITLE 14, then resume consideration of S. 1072, AMANDA E. CURTIS, OF TEXAS U.S.C., SECTION 47: the highway bill, for the purpose of de- JENNIFER LEE DAVIS, OF GEORGIA To be vice admiral ALEXANDER PHILLIP DELOREY, OF FLORIDA bate only. SEAN M. DOHERTY, OF THE DISTRICT OF COLUMBIA VICE ADM. TERRY M. CROSS, 0000 The PRESIDING OFFICER. Without CHRISTOPHER HAYES DORN, OF VIRGINIA ERIN MARIE DOTSON, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT objection, it is so ordered. MILES DUDLEY, OF VIRGINIA AS COMMANDER, ATLANTIC AREA OF THE UNITED ANA M. DUQUE-HIGGINS, OF VIRGINIA STATES COAST GUARD AND TO THE GRADE INDICATED f JOANNE EDWARDS, OF CALIFORNIA UNDER TITLE 14, U.S.C., SECTION 47: YAEL D. EISENSTAT, OF THE DISTRICT OF COLUMBIA To be vice admiral PROGRAM VICTORIA EWSUK, OF VIRGINIA STEVEN B. FOX, OF THE DISTRICT OF COLUMBIA REAR ADM. VIVIEN S. CREA, 0000 Mr. INHOFE. Mr. President, tomor- LAUREN FUNKHOUSER, OF VIRGINIA row morning the Senate will resume RODRIGO GARZA, OF TEXAS THE FOLLOWING NAMED CADETS FOR APPOINTMENT ANDREA GOODMAN, OF CALIFORNIA TO THE GRADE INDICATED IN THE UNITED STATES consideration of S. 1072, the highway SIMONE LYNNETTE GRAVES, OF FLORIDA COAST GUARD UNDER TITLE 14, U.S.C., SECTION 211: bill. There will be no rollcall votes to- KARYN M. GREEN, OF VIRGINIA To be ensign PATRICIA A. HALL, OF VIRGINIA morrow, but Senators are encouraged JOSHUA M. HANDLER, OF THE DISTRICT OF COLUMBIA CATHERINE A. ABELLA, 0000

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JOEL A. ABER, 0000 SEAN D. LENAHAN, 0000 OF THE AIR FORCE TO THE GRADE INDICATED UNDER WILLIAM C. ADAMS, 0000 JENNIFER E. LEONG, 0000 TITLE 10, U.S.C., SECTION 12203: LEAH M. ALBRECHT, 0000 BRIAN S. LIED, 0000 JOHN M. ANDERSON, 0000 KIRTLAND L. LINEGAR, 0000 To be major general RYAN G. ANGELO, 0000 JOHN M. LISKO, 0000 CHRISTOPHER S. ARMSTRONG II, 0000 ASHLEY F. LOVEJOY, 0000 BRIG. GEN. HAROLD A. CROSS, 0000 MORGAN D. ARMSTRONG, 0000 MICHAEL P. LUYET, 0000 PATRICK N. ARMSTRONG, 0000 GREGORY R. LYNCH, 0000 IN THE ARMY STEVE B. ARNWINE, 0000 PHILLIP J. MACARTHUR, 0000 DANIELLE P. ARTHUR, 0000 JODY J. MAISANO, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PATRICK J. BALL, 0000 THOMAS P. MARTIN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY ARMELL V. BALMACEDA, 0000 ROGER M. MASSON, 0000 AS CHAPLAINS UNDER TITLE 10, U.S.C., SECTIONS 624 AND ALEXANDER S. BARKER, 0000 CHARLES R. MATHIS, 0000 3064: MATTHEW M. BECK, 0000 MARC R. MC DONNELL, 0000 KRYSTEN M. BENJAMIN, 0000 MICHAEL S. MC GRAIL, 0000 To be colonel TIMOTHY J. BERNADT, 0000 GREGORY A. MC LAMB, 0000 TARA M. BERRIOS, 0000 SCOTT E. MELTON, 0000 LARRY P. ADAMSTHOMPSON, 0000 JEANNIE A. BEYER, 0000 AARON C. MEREDITH, 0000 DAVID E. BATES, 0000 CARA J. BLASKO, 0000 GARRETT R. MEYER, 0000 JAMES S. BOELENS, 0000 JARRETT B. BLEACHER, 0000 WENDY E. MEYER, 0000 PAUL P. BUCK, 0000 TREVOR A. BLOUNT, 0000 JAMES E. MILLER, 0000 STEPHEN L. COOK, 0000 JEREMY A. BOHN, 0000 JAMES R. MILLER JR., 0000 THOMAS L. DAY, 0000 NICOLE D. BONNEY, 0000 MICHELLE C. MILLER, 0000 DANNY R. FRANKLIN, 0000 TIFFANY A. BRIGHT, 0000 MARIETTE C. MILLSON, 0000 JOHN P. HASH, 0000 EILEEN BROWN, 0000 JODI J. MIN, 0000 RONALD B. HILL, 0000 TIMOTHY M. BROWN, 0000 SCOTT C. MITCHELL, 0000 JERRY L. JONES, 0000 ADAM C. BUCKLEY, 0000 JASON G. MORITZ, 0000 KEITH I. JONES, 0000 LILLIAN R. BUTTERWORTH, 0000 FRANKLIN R. MORRISON III, 0000 DOUGLAS K. KINDER, 0000 EUSTACIA Y. CALDWELL, 0000 KAREN R. MOSS, 0000 GILLEY G. RICHARDSON, 0000 JANE N. CARLEY, 0000 ELLEN M. MOTOI, 0000 DAVID E. SMITH, 0000 LISA T. MOTOI, 0000 ALEXANDER P. CARRILLO, 0000 MICHAEL D. TARVIN, 0000 COLLEEN I. MULLEN, 0000 ADAM T. CERNOVICH, 0000 VANCE P. THEODORE, 0000 ALEXANDRA K. CHERRY, 0000 SEAN M. MURRAY, 0000 TIMOTHY N. WILLOUGHBY, 0000 ELAINE M. CHERRY, 0000 JUSTIN P. NADOLNY, 0000 RICHARD M. CHMIELECKI III, 0000 KIDA L. NAMADA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KELLY R. CIMBER, 0000 BRIANNA M. NEASHAM, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY CHRISTOPHER M. CONDIT, 0000 CHARLES L. NGUYEN, 0000 JUDGE ADVOCATE GENERAL’S CORPS AND FOR REGULAR JAMES O. CONNER, 0000 KEIDI M. NIEMANN, 0000 APPOINTMENT (IDENTIFIED BY AN ASTERISK(*)) UNDER MATTHEW D. CONNOR, 0000 KRISTEN A. NIHILL, 0000 TITLE 10, U.S.C., SECTIONS 624, 531, AND 3064: NEAL A. CORBIN II, 0000 MICHAEL A. NINES JR., 0000 CHRISTOPHER K. CUMBERLAND, 0000 MICHAEL J. NORDHAUSEN, 0000 To be major ELVIE A. DAMASO, 0000 WAYNE T. O’DONNELL JR., 0000 LEO T. DANAHER, 0000 ANDERSON J. OGG, 0000 JEREMY A. BALL, 0000 DAVID V. DEAL, JR. 0000 BENJAMIN R. OLIVER, 0000 DOUGLAS J. * BECKER, 0000 JON PAUL M. DEL GAUDIO, 0000 JOHN A. OSCAR, 0000 ROSEANNE M. * BLEAM, 0000 TODD R. DEVRIES, 0000 JAMES H. PAFFORD, 0000 ROBERT A. BORCHERDING, 0000 STARR E. PARMLEY, 0000 JESSE M. DIAZ, 0000 ROBERT A. * BROADBENT, 0000 ANDREW L. PASZKIEWICZ, 0000 DANIEL A. DIIULIO, 0000 STEVEN D. * BRYANT, 0000 MICHAEL A. PATTERSON, 0000 ANTONIO DONIS, 0000 MARY E. * CARD, 0000 JOAN V. PAVLISH, 0000 MICHAEL J. DOUGHERTY, 0000 ERIC R. * CARPENTER, 0000 NORA K. DOUGHERTY, 0000 PIERO A. PECORA, 0000 SEAN M. PETERSON, 0000 GEORGE T. * CARTER, 0000 JOSHUA M. EATON, 0000 LINDA A. * CHAPMAN, 0000 BROCK S. ECKEL, 0000 ARIEL E. PIEDMONT, 0000 DAVID C. PIZZURRO, 0000 JONATHAN E. * CHENEY, 0000 KRISTOPHER R. ENSLEY, 0000 CHRISTIAN T. POLYAK, 0000 CHARLES C. * CHOI, 0000 PATTON J. EPPERSON, 0000 KELLY A. PONTS, 0000 JOHN H. COOK, 0000 MICHAEL G. FAULKNER, 0000 JONATHAN H. POTTERTON, 0000 DAVID E. * COOMBS, 0000 JOHN A. FILIPOWICZ, 0000 THOMAS E. PRZYBYLA, 0000 TAMI L. * DILLAHUNT, 0000 DEREK B. FINE, 0000 NICHOLAS O. RAMIREZ, 0000 JAMES H. * DILLON, 0000 SEAN T. FINNEGAN, 0000 MELINDA I. RODRIGUEZ, 0000 RICHARD P. DIMEGLIO, 0000 JUSTIN M. FORBES, 0000 JAMIE L. RUSSELL, 0000 DANIEL M. FROEHLICH, 0000 JENNIFER L. FRYE, 0000 JOSEPH W. RUSSO, 0000 DEON M. * GREEN, 0000 ZACHARY D. FUENTES, 0000 LAURA A. SALEMME, 0000 JOHN T. * HARRYMAN, 0000 THOMAS M. FULLAM, 0000 RICHARD W. SANZO, 0000 JAMES G. * HARWOOD, 0000 GAVIN V. GARCIA, 0000 ASHLY L. SCHILLING, 0000 MICHAEL R. HOLLEY, 0000 MICHAEL S. GLINSKI, 0000 MAEGAN R. SCHWARTZ, 0000 RUSSELL K. * JACKSON, 0000 ANTHONY F. GOLDSTEIN, 0000 MARK E. SEAVEY, 0000 MAUREEN A. * KOHN, 0000 JUSTIN H. GORDON, 0000 BONNIE M. SHANER, 0000 ELIZABETH KUBALA, 0000 ERICA R. GOVEDNIK, 0000 ROBERT J. SHAYE, 0000 JONATHAN * LEHNER, 0000 JOSEPH F. GRAHAM, 0000 DAVID C. SHUCK, 0000 RODNEY R. * LEMAY, 0000 CHRISTIANE D. GRANT, 0000 JARED L. SILVERMAN, 0000 DEAN L. * LYNCH, 0000 OLIVIA K. GRANT, 0000 STEPHEN M. SIMPSON, 0000 ROBERT L. * MANLEY III, 0000 DOUGLAS D. GRAUL II, 0000 ELISHA F. SIVILS, 0000 ANDRAS M. * MARTON, 0000 JEREMY M. GREENWOOD, 0000 JACK B. SMITH, 0000 SEAN T. * MCGARRY, 0000 MICHAEL J. GROCHOWSKI JR., 0000 MATTHEW B. SMITH, 0000 OREN H. * MCKNELLY, 0000 GLEN R. GROGAN, 0000 BAXTER B. SMOAK, 0000 VASCO T. MCRAE, 0000 JONATHAN I. GRZYB II, 0000 DANIEL C. SPORER, 0000 BRAULIO * MERCADER, 0000 MATTHEW A. GULLY, 0000 PAUL A. ST. PIERRE II, 0000 KEVIN J. * MIKOLASHEK, 0000 PETER K. HAHN, 0000 KENT A. STEIN, 0000 JEFFREY A. MILLER, 0000 DEBORAH J. HAMELOTH, 0000 KRYSTYN E. STENCEL, 0000 JOSEPH B. * MORSE, 0000 JAMES L. HELLER, 0000 CHRISTOPHER W. STEPHENS, 0000 CHARLES C. * ORMSBY JR., 0000 CREIGHTON C. HELMS, 0000 KRYSTAL A. STEVENS, 0000 MAANVI M. * PATOIR, 0000 ROBERTO R. HERRERA, 0000 MICHAEL J. STEWARD, 0000 NICOLE E. * RAPONE, 0000 COURTNEY A. HIGGINS, 0000 DEREK G. STOROLIS, 0000 KENNETH J. * RICH, 0000 GREGORY E. HIGGINS, 0000 DANIEL B. SWEIGART, 0000 TRAVIS L. * ROGERS, 0000 DAVID W. HOLDEN, 0000 LAURA M. SWIFT, 0000 BILLY B. RUHLING II, 0000 BRANDON C. HORNE, 0000 BRYAN J. SWINTEK, 0000 CARLOS O. * SANTIAGO, 0000 JOSEPH A. HUNTER, 0000 STANLEY A. TARRANT, 0000 JENNIFER C. * SANTIAGO, 0000 ROBERT M. HUNTER, 0000 MARIO B. TEIXEIRA, 0000 DANIEL P. * SAUMUR, 0000 LAUREN U. HURLEY, 0000 MAILE I. TESLER, 0000 JOSHUA S. SHUEY, 0000 CATHERINE B. ICKES, 0000 TIMOTHY S. TILGHMAN, 0000 JAMES J. * TEIXEIRA JR., 0000 JEFF G. JANARO, 0000 SEAN M. VALENTINE, 0000 JAMES S. * TRIPP, 0000 JEROD P. JAZENSKI, 0000 KELLY A. VANDENBERG, 0000 ECK N. * VAN, 0000 CHRISTOPHER M. JETT, 0000 PHILIP C. WADE, 0000 CHRISTIE L. * VAULX, 0000 MATTHEW J. JEWCZYN, 0000 JONATHON R. WAECHTER, 0000 LISA C. * VIGNA, 0000 ERIC P. JOINSON, 0000 BRIAN L. WARD, 0000 MARK A. * VISGER, 0000 JENNIFER M. JOJOLA, 0000 CHRISTOPHER L. WEBER, 0000 SCOTT D. * WALTERS, 0000 STEPHANIE L. WEIDNER, 0000 RICHARD M. JONES, 0000 MARTIN N. * WHITE, 0000 ANDREW S. WEISS, 0000 MICHAEL W. KARNOWSKI, 0000 MICHAEL C. * WONG, 0000 RYAN P. KELLEY, 0000 KYLE A. WEIST, 0000 JONATHAN I. WELCH, 0000 ANDREW A. KENNEDY, 0000 IN THE MARINE CORPS KALEN M. KENNY, 0000 JENNIFER L. WESCOTT, 0000 JEREMY A. KIME, 0000 JUDSON B. WHEELER, 0000 THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR AARON J. KOWALCZK, 0000 BRIAN R. WHISLER, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE MARK A. KURCZEWSKI, 0000 KEITH R. WILKINS, 0000 UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., MICHAEL P. LAMONICA, 0000 DESMOND T. WILLIAMS, 0000 SECTION 624: HEIDI S. LANDRY, 0000 BRADLY G. WINANS, 0000 ANDREW R. LAWRENCE, 0000 IN THE AIR FORCE To be major MATTHEW D. LAYMAN, 0000 JONATHAN H. LEE, 0000 THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED BALWINDAR K. RAWALAYVANDEVOORT, 0000 ADAM G. LEGGETT, 0000 STATES OFFICER FOR APPOINTMENT IN THE RESERVE TROY A. TYRE, 0000

VerDate Mar 15 2010 21:42 Jan 29, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4637 Sfmt 9801 E:\2004SENATE\S05FE4.REC S05FE4 mmaher on DSKCGSP4G1 with SOCIALSECURITY Thursday, February 5, 2004 Daily Digest Senate Routine lists in the Army, Coast Guard, Foreign Chamber Action Service, Marine Corps. Pages S672–73 Routine Proceedings, pages S599–S673 Messages From the House: Page S648 Measures Introduced: Two bills were introduced, Measures Referred: Page S648 as follows: S. 2051–2052. Page S649 Executive Communications: Pages S648–49 SAFE Transportation Equity Act: Senate contin- ued consideration of S. 1072, to authorize funds for Additional Cosponsors: Pages S649–50 Federal-aid highways, highway safety programs, and Statements on Introduced Bills/Resolutions: transit programs, taking action on the following Pages S650–51 amendments proposed thereto: Pages S614–647 Pending: Additional Statements: Pages S647–48 Modified committee amendment in the nature of Amendments Submitted: Page S651 a substitute. Authority for Committees to Meet: Page S672 Dorgan Amendment No. 2267, to exempt certain agricultural producers from certain hazardous mate- Privilege of the Floor: Page S672 rials transportation requirements. Page S614 Adjournment: Senate convened at 9 a.m. and ad- Gregg Amendment No. 2268 (to Amendment journed at 6:15 p.m., until 9:30 a.m., on Friday, No. 2267), to provide that certain public safety offi- February 6, 2004. (For Senate’s program, see the re- cials have the right to collective bargaining. marks of the Acting Majority Leader in today’s Page S614 Record on page S672.) Withdrawn: Shelby Amendment No. 2269, (to the language of Committee Meetings the bill proposed to be stricken by the committee amendment), to amend chapter 53 of title 49, (Committees not listed did not meet) United States Code, relating to the authorization of Federal funding for public transportation. NOMINATIONS Pages S616–42 Committee on the Judiciary: Committee concluded a A unanimous-consent agreement was reached pro- hearing to examine the nominations of William viding for further consideration of the bill at 9:30 Gerry Myers III, of Idaho, to be United States Cir- a.m., on Friday, February 6, 2004 for the purposes cuit Judge for the Ninth Circuit, who was intro- of debate only. Page S672 duced by Senators Craig and Crapo, William S. Nominations Received: Senate received the fol- Duffey, Jr., to be United States District Judge for lowing nominations: the Northern District of Georgia, who was intro- Mark Falcoff, of California, to be a Member of the duced by Senators Miller and Chambliss, and Law- National Security Education Board for a term of four rence F. Stengel, to be United States District Judge years. for the Eastern District of Pennsylvania, who was in- 1 Air Force nomination in the rank of general. troduced by Senators Specter and Santorum, after 2 Coast Guard nominations in the rank of admi- each nominee testified and answered questions in ral. their own behalf.

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VerDate jul 14 2003 01:37 Feb 06, 2004 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D05FE4.REC D05FE4 February 5, 2004 CONGRESSIONAL RECORD — DAILY DIGEST D63 House of Representatives COMMITTEE MEETINGS FOR FRIDAY, Chamber Action FEBRUARY 6, 2004 The House was not in session today. It will meet at 12 noon on Friday, February 6, in pro forma ses- (Committee meetings are open unless otherwise indicated) sion. Senate No meetings/hearings scheduled. Committee Meetings House No committee meetings were held. No committee meetings are scheduled.

VerDate jul 14 2003 01:37 Feb 06, 2004 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D05FE4.REC D05FE4 D64 CONGRESSIONAL RECORD — DAILY DIGEST February 5, 2004

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, February 6 12 noon, Friday, February 6

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Friday: The House will meet at 12 noon of S. 1072, SAFE Transportation Equity Act. in pro forma session.

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